Cross Compliance
Cross Compliance is the set of conditions which have to be met by farmers who claim payments under the Common Agricultural Policy (CAP) (such as the Single Payment Scheme). These conditions cover public, animal and plant health, animal welfare, the environment and landscape features. Around three quarters of the cross compliance standards just require compliance with existing law (which applies to all famers in the UK, not just those who claim). Each year around 1% of farmers subject to Cross Compliance are inspected and those who are found not to have met the standards may have their subsidy payment reduced (usually by around 3%).
There are three types of Cross Compliance requirements:
- Statutory Management Requirements (SMRs)
- Standards of Good Agricultural and Environmental Condition (GAEC)
- requirements to maintain a level of permanent pasture not included in the crop rotation for five years or more. This is not currently a cross compliance requirement for individual farmers, but may become one in future years.
Statutory Management Requirements
Statutory Management Requirements (SMRs) are legal requirements applicable to farmers, based on EU and UK law. They reflect a number of articles from EU directives and regulations which address the environment, public, plant and animal health and animal welfare.
- Further detail on the SMRs can be found on the RPA website.
Good Agricultural and Environmental Condition
Standards of Good Agricultural and Environmental Condition (GAECs) are legal requirements set in English and UK law. They either mirror existing law, or were already existing good practice. GAECs relate to soil erosion, soil organic matter, soil structure, ensuring a minimum level of maintenance, avoiding the deterioration of habitats and protection and management of water. EU regulations set out a framework for GAEC requirements, some compulsory and some optional, within which Member States have the flexibility to apply standards relevant to their region.
- Further detail of the GAEC standards can be found on the RPA website.
Permanent pasture
Permanent pasture is defined as land that has been under grass for at least five years and has not been ploughed for other crops in that time.
There is currently no requirement on individual farms, but Member States are required by EU legislation to make sure the ratio of permanent pasture to total agricultural area from 2003 is maintained. If the area of permanent pasture in England or the UK declines when compared with the 2003 figures, Defra (in conjunction with the devolved agencies) may have to take steps to prevent any further loss of permanent pasture, especially if this decline approaches 5%. If the area of permanent pasture declines by more than 10% farmers, who converted pasture in the two years prior to the 10% level being exceeded, will be obliged to reconvert an area of land to permanent pasture and retain the land as permanent pasture for five years. Payments are available under the Environmental Stewardship for managing permanent pasture when farmers meet specific stocking, fertiliser and grassland management conditions, providing they have delivered the agreed environmental outcomes. Permanent pasture of high environmental interest, like land which supports certain species or is on, or adjacent to, an SSSI, may be suitable for entry into the Higher Level Environmental Stewardship scheme.
- Detailed guidance on managing pasture can be obtained by contacting Natural England
Compliance across the UK
Within the UK cross compliance policy is a devolved matter and therefore falls under the jurisdiction of the Scottish Government as well as the Northern Ireland and Welsh Assemblies. There are a number of differences within each of these devolved regions, particularly regarding the specifics of the Good Agricultural and Environmental Conditions being imposed. Claimants farming within the different regions of the UK must refer to the relevant guidance of the region in order to meet the required cross compliance standards.
Inspection Process
EU legislation requires at least 1% of claimants subject to cross compliance requirements are inspected each year.
Several organisations, known as Competent Control Authorities (CCAs), are responsible for inspecting different cross compliance requirements. Within England, there are three CCAs: the Rural Payments Agency (RPA), the Environment Agency (EA) and the Animal Health and Veterinary Laboratories Agency (AHVLA).
Each CCA will select and carry out inspections on the farm businesses that need to comply with the SMRs and/or GAECs for which the CCA responsibility. The results of all inspections are passed to RPA who, in its role as paying agency, will take them into account in determining whether payments are to be reduced and by how much they will be reduced by.
As a requirement of claiming the relevant subsidy farmers must cooperate with the inspector and provide facilities and labour to allow the necessary checks to be made. Failure to allow inspection, or of obstructing an inspector, or failure to give reasonable help, may result in the loss of the qualifying payments.
- For further information on inspections, please see the RPA website
Task Force on Farming Regulation
The Task Force on Farming Regulation was set up in July 2010 to identify ways to reduce the regulatory burden on farmers and food processors. This is being done through a review of relevant regulations and their implementation, and advise on how best to achieve a risk-based system of regulation in future whilst maintaining high environmental, welfare and safety standards.
The Task Force is looking at cross compliance requirements as part of the review. The results of the review will be made available in Spring 2011.
- Further information regarding the Task Force on Farming Regulation
Farmer guidance documents for Cross Compliance (Publications)
Defra and the RPA have produced an updated version of the Guide to Cross Compliance in England document on cross compliance for 2011. This booklet covers areas such as the Statutory Management Requirements (SMRs), Good Agricultural and Environmental Condition (GAEC), responsibility for the actions of others, landowners and graziers,
A list of the latest guidance documents for cross compliance to all farmers who have claimed SPS and/or Rural Development Programme for England (RDPE) Schemes is listed below. These publications can be downloaded from the RPA website.
| Title | Publication no. |
|---|---|
| The Guide to Cross Compliance in England (2011 edition) | rpa157 |
| Cross Compliance Guidance for Soil Management (2010 edition) | PB 13315 |
| Cross Compliance Soil Protection Review 2010 | PB 13311 |
| Guidance for Cross Compliance in England: Management of Habitats and Landscape Features | Online only (available soon) |
It should be noted the handbooks do not take the place of the law and the precise rules are set out within the legislation.
Further Guidance on Cross Compliance (Advice)
In addition to the guidance booklets above, claimants can also find additional information and help from the following sources:
Cross Compliance technical helpline:
A cross compliance advice helpline is open from 09:00 to 17:00 Monday to Friday. Agents can answer technical questions on cross compliance or tell you where to get the help you need.
- Cross Compliance Advice Helpline – 0845 345 130.
- Further technical information regarding cross compliance can also be gained via the cross compliance website
Business Link
The Farming Online section of Business Link is the new home for government online services to the farming industry. It replaces the Whole Farm Approach (WFA) portal. Farming Online is designed to lighten the regulatory burden on farmers and growers in England. It offers a faster and more efficient way of doing business between government and the farming industry and should help reduce the number of duplicated requests farmers receive from Defra and its agencies for information.
Alongside practical help on all the aspects of running and growing successful businesses, farmers and their agents will be able to access farming-specific tools and services, including:
- RPA Online to manage Single Payment Scheme claims
- CTS Online to make it easy to report cattle births and movements
- ELS Online to make Entry Stewardship Scheme claims straight forward, and
- Defra Farm Surveys and Assessments, giving access to a range of tools covering cross compliance, soil protection and nitrate vulnerable zones.
Current users of the WFA portal will not need to change any of their existing access codes following the move.
- Information can be found on Business Link
- For further information please contact the Helpline team on 08459 335577
Rural Payments Agency
For information on non- technical Cross Compliance questions, the Single Payment Scheme, or for the latest farm inspection statistics, please contact the RPA.
- helpline on 0845 603 7777
- RPA website
Natural England
- Telephone number 0845 600 3078
- Natural England website
Environment Agency
- Telephone number 08708 506506
- Environment Agency website
Animal Health
To contact your local office use Animal Health postcode search tool or alternatively find contact details through the animal health interactive office map, which can both be located on the Animal Health website.
Devolved administrations
Welsh Assembly Government Offices:
- Cardiff 029 2075 2222
- Carmarthen 01267 225300
- Llandrindod 01597 823777
- Cearnafon 01286 674144
Scottish Government:
- Telephone Number 0131 556 8400
Useful links
Farming – Business Link
Campaign for the Farmed Environment
Agriculture – Environment Agency