The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in Scotland for the administration and enforcement of Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p.16; “the Council Regulation”) and Commission Regulation (EC) No 1122/2009 (OJ No L 316, 21.2.2009, p.65; “the Commission Regulation”) in relation to cross-compliance under the Common Agricultural Policy.

The Regulations designate the competent national authority for providing farmers under Article 4(2) of the Council Regulation with a list of the statutory management requirements specified in Annex III of the Council Regulation (“the statutory management requirements”), and the standards of good agricultural and environmental condition that they must respect (regulation 3).

Regulation 4 and the Schedule to these Regulations set out the minimum requirements of good agricultural and environmental condition in relation to agricultural land in Scotland under Article 6(1) of the Council Regulation, based on the framework set out in Annex III to that Regulation. A farmer must also keep land in a condition where an authorised person can gain access to the land to ascertain whether there has been a breach of these requirements.

Regulation 5 gives the Scottish Ministers the power to prohibit farmers from converting land under permanent pasture and to oblige farmers to reconvert land to permanent pasture where the exercise of those powers is necessary to meet the requirements of Articles 3 and 4 of the Commission Regulation.

Regulation 6 designates the Scottish Ministers as the competent control authority, which shall bear the responsibility for carrying out the controls on the requirements or standards in question. Regulation 6 also enables the Scottish Ministers to require the relevant authorities to carry out controls. The regulation imposes statutory duties on the relevant authorities to send provisional control reports to the Scottish Ministers and to notify them of any non-compliance with the requirements of these Regulations or the statutory management requirements established as a consequence of any kind of check.

Regulation 7 provides powers of entry for an authorised person. These powers are in addition to any existing power of entry and are for the purpose of providing a control report or establishing whether there has been a non-compliance with the requirements of these Regulations or the statutory management requirements.

Regulation 8 provides for an authorised person to request assistance.

Regulation 9 specifies criminal offences and penalties to enforce cross-compliance for obstructing an authorised person and failing to provide assistance. Regulation 10 provides for offences by bodies corporate, Scottish partnerships and unincorporated associations.

Regulation 11 amends the Rural Payments (Appeals) (Scotland) Regulations 2009 to provide for a right of appeal in relation to relevant decisions concerning cross-compliance.

Regulation 12 revokes the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004 and amendments to those Regulations.

The consequences of non-compliance with the requirements of good agricultural and environmental condition as provided for in these Regulations (or the statutory management requirements) are that subsidy penalties will be imposed, principally under Chapter 1 of Title II of the Council Regulation and Chapter III of Title IV of the Commission Regulation.

Copies of guidance issued by the Scottish Ministers in relation to the standards of the statutory management requirements and good agricultural and environmental condition may be obtained from Scottish Government Rural Payments and Inspections Directorate agricultural area offices.