The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/3196 |
| Year | 2004 |
2004 No. 3196
AGRICULTURE, ENGLAND
The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004
Made 5th December 2004
Laid before Parliament 7th December 2004
Coming into force 1st January 2005
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred upon her by that section hereby make the following Regulations:
Title, commencement and application
1. These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004, shall come into force on 1st January 2005 and shall apply in relation to England only.
Interpretation
2.—(1) In these Regulations—
“agri-environment commitment” means a commitment under Council Regulation 2078/92, Articles 22 to 24 of Council Regulation 1257/1999 or the Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 20033;
“authorised person” means any person authorised by the Secretary of State to act in matters relating to these Regulations, the Council Regulation or the Commission Regulation;
“the Commission Regulation” means Commission Regulation (EC) No 796/2004laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in the Council Regulation4;
“the Council Regulation” means Council Regulation (EC) No 1782/2003establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers5;
“Council Regulation 2078/92” means Council Regulation (EC) No 2078/92on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside6;
“Council Regulation 1257/1999” means Council Regulation (EC) No 1257/1999on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)7;
“English Nature” means English Nature as defined in section 73 of the Countryside and Rights of Way Act 20008;
“Environment Agency” means the Environment Agency as defined in section 1 of the Environment Act 19959;
“farmer” has the meaning given to it in Article 2(a) of the Council Regulation;
“holding” has the meaning given to it in Article 2(b) of the Council Regulation; and
“permanent pasture” has the meaning given to it in Article 2(2) of the Commission Regulation.
(2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
(3) Other expressions used in these Regulations shall be construed in accordance with the Council Regulation and the Commission Regulation.
Designation
3. The Secretary of State is designated as the competent national authority in Article 3(2) of the Council Regulation.
Standards of good agricultural and environmental condition
4.—(1) The standards of good agricultural and environmental condition in Article 5(1) of the Council Regulation are set out in the Schedule.
(2) If, in relation to any land under an agri-environment commitment, a requirement of the agri-environment commitment conflicts with a standard in the Schedule, any breach of the standard which is a necessary and direct consequence of meeting that requirement shall not be treated as a non-compliance.
Permanent pasture
5.—(1) If it is established that the ratio in Article 3(1) of the Commission Regulation is decreasing, the Secretary of State must prohibit a farmer from converting land under permanent pasture, in accordance with Article 4(1) of the Commission Regulation.
(2) If it is established that the obligation in Article 3(2) of the Commission Regulation cannot be met, the Secretary of State must oblige a farmer to re-convert land to permanent pasture in accordance with Article 4(2) of the Commission Regulation.
Competent Control Authority
6.—(1) The Rural Payments Agency10is designated as the Competent Control Authority for the purposes of the derogation in Article 42(2) of the Commission Regulation.
(2) The Rural Payments Agency may require any of the relevant authorities to carry out controls or checks for the purposes of Article 9 and Chapter I and Chapter III of Title III of the Commission Regulation.
(3) The relevant authorities shall—
(a)
(a) send to the Rural Payments Agency a provisional control report;
(b)
(b) for the purposes of Article 65(4) of the Commission Regulation where a non compliance is established as a consequence of any kind of checks, notify the Rural Payments Agency of the non compliance established.
(4) The functions conferred on English Nature by paragraphs 2 and 4 shall be treated for the purposes of section 132(2), section 133 and paragraphs 19, 20 of Schedule 6 to the Environmental Protection Act 199011as though they were conferred on English Nature under section 132 of that Act.
(5) The Rural Payments Agency shall pursuant to Article 48 of the Commission Regulation establish the final control report and where the Rural Payments Agency is not the Paying Agency, send the control report to the Paying Agency.
(6) In this regulation “the relevant authorities” means—
(a)
(a) English Nature; and
(b)
(b) The Environment Agency.
Powers of authorised persons
7.—(1) An authorised person may exercise any of the powers specified in this regulation for the purpose of—
(a)
(a) providing a control report pursuant to Article 48 of the Commission Regulation;
(b)
(b) establishing whether there has been a non compliance; or
(c)
(c) ascertaining whether an offence under these Regulations has been or is being committed.
(2) An authorised person—
(a)
(a) shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any land, other than a building used only as a dwelling, for the purposes of administering and enforcing these Regulations, the Council Regulation and the Commission Regulation, but
(b)
(b) may only do so if the land is a holding occupied by, or in the possession of a farmer or employee, agent, contractor or tenant of a farmer or if he has reasonable cause to believe so.
(3) An authorised person may—
(a)
(a) carry out any inquiries, checks, examinations and tests;
(b)
(b) take samples;
(c)
(c) inspect all or any part of the land, whether it is farmed or is withdrawn from agricultural production, including land set aside pursuant to Articles 54 and 55(b) of the Council Regulation;
(d)
(d) inspect any crops growing on that land or kept on it;
(e)
(e) mark any animal or other thing for identification purposes;
(f)
(f) have access to, inspect and copy any records (in whatever form they are held) kept in relation to activities covered by these Regulations or remove such records to enable them to be copied;
(g)
(g) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, require the records to be produced in a form in which it can be taken away.
(4) An authorised person entering any premises by virtue of this Regulation may take with him—
(a)
(a) such other persons as he considers necessary; and
(b)
(b) any representative of the European Commission acting for the purposes of the Council Regulation and the Commission Regulation.
(5) If an authorised person enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
(6) Where an authorised person has entered any land, other than a building used only as a dwelling, under a power bestowed on him by other legislation he may exercise any of the powers specified in paragraphs (3) and (4) for the purposes of paragraph (1).
Assistance to authorised persons
8. A farmer or any employee, agent, contractor or tenant of a farmer shall give an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred on him by regulation 7.
Offences and penalties
9.—(1) Any person who—
(a)
(a) intentionally obstructs an authorised person (or person accompanying him and acting under his instructions) in the exercise of a power conferred by regulation 7; or
(b)
(b) without reasonable cause fails to comply with a request made under regulation 8,
shall be guilty of an offence.
(2) Nothing in paragraph 1(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.
(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)
(a) any director, manager, secretary or other similar person of the body corporate, or
(b)
(b) any person purporting to act in such capacity,
he, as well as the body corporate, shall be guilty of an offence.
(5) For the purposes of paragraph (5), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Whitty
Parliamentary Under Secretary of State
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