Somerset Area

Rural Payments

ln order to qualify for the full Basic Payment Scheme payment and other direct payments, farmers are required to comply with a set of Statutory Management Requirements (SMRs) and standards of Good Agricultural and Environmental Condition (GAEC). These requirements are known as' cross compliance'.

Under cross compliance, one of these standards is GAEC 78 - Public rights of way. This standard requires farmers not to obstruct visible public footpaths by, for example, growing crops (page 33 of The Guide to Cross Compliance in England 2016 refers).

Under European legislation, annual cross compliance inspections must take place

to ensure that farmers are meeting the required SMRs and GAECS. These

inspections comprise of:

  • at least 1% of farmers submitting applications to the Basic Payment Scheme and other direct payments; and

  • at least 1o/o of farmers that entered into new commitments under relevant rural development schemes from 1 January 2007.

Inspections are selected by a combination of a risk-based assessment and a random element. Cross compliance inspections are likely to be unannounced which means farmers may not be given any notice of a visit. lf they are notified, it is likely to be less than 48 hours before the inspection.

lf any breaches of the SMRs and GAECs are found, farmers may have their scheme payments reduced.

Surrey County Council is correct that RPA is unable to apply a penalty directly from a notification of a potential cross compliance breach received from them. However, they can report a potential breach of cross compliance to RPA and there are processes in place to deal with those notifications, but this is on a voluntary basis.

There is no regulatory requirement for local authorities to report potential breaches to RPA. Members of the public can also report potential cross compliance breaches to RPA.

lf you wish to report a potential breach of cross compliance you may write to or

email the RPA Customer Service Centre at the address below:

Rural Payments Agency

PO Box 352

Worksop

S8O 9FG

E-mail: ruralpavments@defra. gsi. gov. uk

Please include the location of the potential breach by providing either the Ordnance Survey six-figure National Grid reference or a map indicating the location.

A record will be made of the information provided (either by local authorities and/or members of the public) and, if the person or business responsible for the potential breach submits claims under one or more of the schemes to which the cross compliance rules apply, we will use the information in the cross compliance inspection selection process which is likely to result in an inspection being carried out during the following year.

Cross compliance requirements do not replace existing law. Land owners and occupiers must still meet a wide range of environmental, animal health and welfare laws and can still be prosecuted or have other action taken against them by the relevant authority if they break these laws. This is the case even if they do not receive payments under the schemes that are affected by the cross compliance requirements.

Under Cross Compliance rules RPA is not empowered to require footpaths to be re-instated, but is simply empowered to reduce subsidy payments if the rules are breached. ln the case of breaches relating to footpaths, the local authority is the body responsible for implementing the legislation and taking remedial action.

Regards

Phil Weaver

Rural Payments