Cross-compliance implementation in Natura 2000 area in Italy

Transcription

1 Dr. Francesco Tropea Ministry of Food, Forestry and Agricultural policies DG European policies - Direct payments Via XX Settembre, ROMA f.tropea@politicheagricole.gov.it Cross-compliance implementation in Natura 2000 area in Italy , Ljubljana Legal basis Reg. CE n. 73/2009 and national legislations. Implementation of and SMR5 in Italy SMR A1 - Council Directive 79/409/EEC of 2 April 1979 SMR A5 - Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna.

2 Legal basis of Cross compliance Article 4 of Reg. EC n.73/ Main requirements 1. A farmer receiving direct payments shall respect the statutory management requirements listed in Annex II and the good agricultural and environmental condition referred to in Article 6. The obligations referred to in the first subparagraph shall apply only in so far as the agricultural activity of the farmer or the agricultural area of the holding is concerned. ( Forest is excluded )

3 Legal basis of Cross compliance Article 5 of Reg. EC n.73/2009 -Statutory management requirements 1. The statutory management requirements listed in Annex II shall be established by Community legislation in the following areas: A - public, animal and plant health ( from to SMR8 ) requirements referred to in Point A of Annex II shall apply from 1 January 2009 B - Environment ( from SMR9 to 5 ) requirements referred to in Point B of Annex II shall apply from 1 January 2011 C - animal welfare ( from 6 to 8 ) requirements referred to in Point C of Annex II shall apply from 1 January The acts referred to in Annex II shall apply as in force and, in the case of Directives, as implemented by the Member States.

4 Italian legislation scheme for Cross compliance At national level: National decree of 22 December 2009 that encompassed all the SMRs commitments and GAEC standard. At Regional level: Regional legislation must go beyond the commitments provided by the national legislation. In Natura 2000 area: at the farm level commitments must also be made if the Management plans are implemented.

5 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) The farmer shall comply with management plans on NATURA 2000 area. If the management plan has not been implemented: Stubble burning is forbidden on arable crops, grasslands and pastures. On arable land which is no longer used for production purposes the farmer shall ensure a minimum soil cover for all the year and shall at least mow or graze the field once a year. Each structural intervention ( artifact, house, street, staple, wind mill or wind-turbine, photovoltaic plant) needs to be subjected to a public authorization.

6 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) Agronomical practices must be carried out on arable land and permanent crop (except vineyards and olive orchards that are liable for specific commitments). In order to avoid the encroachment of unwanted vegetation on all agricultural land, the farmer shall mow and/or graze at least once a year. Anyway, in order to respect wildlife, the farmer must not mow on arable land which is no longer used for production purposes during a period of: consecutive days outside Natura 2000 Network areas; consecutive days inside Natura 2000 Network areas. The beginning and final terms for these periods are established at Regional level; if not so, they range from: 1. March 15th to July 15th, each year, outside Natura 2000 Network areas; 2. March 1st to July 31st, each year, inside Natura 2000 Network areas.

7 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) GAEC : Agronomical practices aimed at keeping a well-balanced development of olive trees, according to local usage; specifically speaking, pruning must be done at least once every 5 years, or more frequently if so required by Regional legislation. The encroachment of unwanted woody vegetation in olive orchards must be avoided. Agronomical practices aimed at keeping a well-balanced development of vineyards; specifically speaking, winter pruning must be done every year by the 30th of May. On vineyards, the farmer shall avoid also the encroachment of unwanted woody vegetation. In NATURA 2000 area it is possible to set different rules to protect biodiversity

8 Protection of permanent pasture National decree MAINTENANCE OF THE LAND UNDER PERMANENT PASTURE PURSUANT TO ARTICLE 6(2) OF REGULATION N 73/2009 AND ARTICLES 3 AND 4 OF REGULATION N 1122/2009. The complete set of requirements for the maintenance of permanent pasture includes: 1. The total farm surface of Permanent pastures must not be reduced; 2. No tillage operations are permitted on pastures apart from those for the periodic renewal of grazing vegetation and the maintenance of draining network; 3. Permanent pastures inside Natura 2000 Network cannot be converted for any other use, agricultural uses included, even though the farmer should commit himself/herself to the conversion of the same surface of arable land to pasture land. In other words, in Natura 2000 area the single pasture must be protected, not only the proportion of pasture land in the farm,

9 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) SMR A1 - Inspection procedure In the case of a farmer who has the land covered by SPA ( Special Protection Area), the inspector has to identify the SPA area and indicate the code of that area in the control check-list based on information reported on the LPIS. The inspector has to control through orto-images and on-the-spot checks if there are structural interventions ( street, building, electric line, pipeline, wind mill, photovoltaic plant ) after 1 January These structural interventions have to be subjected to an "impact assessment" or legal authorization.

10 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) SMR A1 - Inspection procedure If it is evident that structural interventions are being implemented on the farm, the inspector will indicate the type: Processing plants, livestock buildings, other buildings; Roads, land improvement (drainage, leveling); Others (specify which). The inspector has to check if the structural intervention needs authorization; check the presence of the authorization or permission to build; and its validity. If the type of work also requires the drafting of an evaluation report of incidence, the inspector must verify the presence and compliance to the real situation. The verification of the evaluation report of incidence can be performed together with the Management Authority of the management plan.

11 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) Extent, Gravity and Permanence of non compliance for calculation of sanctions and reductions: The extent of non-compliance depends on the area of the agricultural parcel where infractions occurred: Low level: the area where infractions occurred is less than 20% of the total Natura 2000 area at farm level; (maximum 2 ha) Medium level: the area where infractions occurred is between 20-30%; (maximum 3ha) High level: the area where infractions occurred is more than 30% or more than 3 ha, or where there are effects outside of the farm.

12 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) Extent, Gravity and Permanence of non compliance for calculation of sanctions and reductions: The severity of non-compliance depends on the number of the commitments where infractions have been detected. Low level: less than 2 infractions; Medium level: 2 infractions; High level: more than 2 infractions.

13 Council Directive 79/409/EEC of 2 April 1979 Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) Extent, Gravity and Permanence of non compliance for calculation of sanctions and reductions: The permanence depends on the length of time for which the effects last or the potential for terminating those effects by reasonable means. Medium level: in all cases; High level: where there is no authorization for a structural intervention.

14 SMR5 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna Article 6 and Article 13(1)(a) The farmer shall comply with management plans on NATURA 2000 areas. Each intervention needs to be subjected to a public authorization. If the management plan has not been implemented: Stubble burning is forbidden on arable crops, grasslands and pastures. On arable land which is no longer used for production purposes the farmer shall ensure a minimum soil cover for the entire year and shall at least mow or graze the field once a year. in order to respect wildlife, the farmer must not mow on arable land which is no longer used for production purposes during a period of: 120 consecutive days outside Natura 2000 Network areas; 150 consecutive days inside Natura 2000 Network areas. The beginning and final terms for these periods are established at Regional level; if not so, they range from: March 15th to July 15th, outside Natura 2000 Network areas; March 1st to July 31st, inside Natura 2000 Network areas.

15 and SMR5 Examples of conservation measures in Natura 2000 area for LAZIO region. It s forbidden to install wind turbine more than 20 Kw. The farmer has to maintain the landscape features as traditional walls, tree in line or hedges, ponds, ditches. It s forbidden the soil-leveling without authorization. It s forbidden the dry up of wetlands from 1 February to 15 July. It s forbidden the use of the following rodenticidi: Bromadiolone, Difenacoum, Difethialone, Brodifacoum, Flocoumafen and fosfuro di zinco. It s forbidden the cultivation of GM crops. It s forbidden to destroy nests and eggs.; It s forbidden to disturb birds during the period of breeding.

16 All the Natura 2000 area are identified into the LPIS. In the farm dossier ( Fascicolo aziendale) are identified all the agricultural parcels involved in and SMR2.

17 Comments or Questions? Thank you for your attention!