Cross compliance & FAS post 2014

Transcription

1 Cross compliance & FAS post 2014 Aymeric Berling DG Agriculture and Rural Development European Commission JRC Workshop on GAEC September 2013, Riga Agriculture and Rural Development

2 Structure 1. The objectives of cross compliance 2. The legal basis has been harmonised 3. The scope is made more consistent 4. The scope has been reduced and simplified 5. The issues of water and use of pesticides are specifically addressed 6. Farm Advisory System 7. Time schedule and transitional rules 2

3 Objectives of cross compliance Change: The objectives of cross compliance have been clarified : They are specified in recital 51 The objectives of cross compliance are two fold: Contribute to the development of a sustainable agriculture through better awareness of beneficiaries of the CAP Contribute to make the CAP more compatible with the expectation of the society through a better consistency with other EU policies (environment, public, animal and plant health and animal welfare) Formalisation of the objectives Ensure a sound basis for the monitoring 3

4 The legal basis has been harmonised Current situation: 3 different Council Regulation : direct payments, rural development and single CMO (vine) 2 different Commission Regulation : direct payment + wine, rural development 3 different Committees : direct payments, rural development, single CMO The basic elements of the 3 cross compliances are different: areas, rules and principles Asynchronous modifications of Regulations Difficult to understand for farmers and to manage by national administrations 4

5 The legal basis has been harmonised Changes: Cross compliance is in the horizontal Regulation : Stresses the horizontal nature of cross compliance (Pillar I and II) Associated with other horizontal tools of the CAP: IACS, FAS, financial rules, etc. The basic elements of this single cross compliance have been harmonised: All agricultural areas of the holding as well as forest areas under RD support Single set of rules: Annex II Clarification and consistency of the basic elements The link with the IACS and the FAS is kept 5

6 Blocks of the Horizontal Regulation 1. Scope and General Provisions as regards financing Title I and Title II, chapter I (articles 1 to 6) 2. General Provisions on Paying Agencies and other bodies Title II and Title VII, chapter I (articles 7 to 11 and 102 to 104) 3. Farm Advisory System Title III (articles 12-15) and Annex I 4. Financial management EAGF Title IV, chapter I (articles 16-28) 5. Financial management EAFRD Title IV, chapter II (articles 29-40) 6. Common Provisions on Financial Management Title IV, chapter III and Title VII, chapters II and III (articles 41-42, 45, and ) 7. Clearance of Accounts Title IV (articles 43-44, 46, 49-59) 7A General on Control Title V, chapters I, III, IV (articles and 79-90) 7B Integrated Administration and Control System Title V, Chapter II (articles 68-78) 8. Cross Compliance Title VI (articles ) and Annex II 10. Final provisions Title VIII (articles ) 6

7 The scope is made more consistent Change: 1 single list for the scope of cross compliance, including all SMRs and GAEC standards instead of two lists : The list is classified by hierarchical order: areas specified in main issues The differentiation between SMR and GAEC standard is kept since the legal basis have a different nature (Directives or Regulations for SMRs, CAP legislation for the GAEC)) The consistency/complementarities are clearer The logic is clearer: areas and main issues make it visible 7

8 Annex II of R (EC) N 73/2009 (18 SMR) Annex III of R (EC) N 73/2009 (15 GAEC standards) 8

9 Annex II of the horizontal Regulation (13 SMR and 7 GAEC standards) 9

10 Annex II of the horizontal Regulation (13 SMR and 7 GAEC standards) 10

11 Annex II of the horizontal Regulation (13 SMR and 7 GAEC standards) 11

12 The scope has been reduced and simplified Statutory Management Requirements Change:13 SMRs (5 less) Withdrawing of the Sewage Sludge Directive The Directive is implemented by MSs on an optional basis Implementation of requirements generally apply to sewage companies rather than to farmers Withdrawing of 3 Directives on the notification of animal diseases The systematic cross-compliance controls are not adapted to the situations, by nature exceptional, of occurrence of diseases However the usual veterinary controls will allow to continue monitoring the situation These Directives will continue being be covered by the FAS Withdrawing of certain provisions of the Birds and Habitats Directives The control of these provisions needs to catch the infringer red handed Certain provisions are addressed to national authorities rather than to farmers Simplification for farmers and national administrations 12

13 The scope has been reduced and simplified Good Agricultural and Environmental Condition Change: No more distinction between compulsory and optional standards. All standards are compulsory in all MSs The main issues is still addressed (erosion, organic matter, structure, maintenance and water) However changes are brought to take into account the new green direct payments and the new eligibility criteria for direct payments on maintenance The GAEC framework is simpler and consistent with other CAP instruments 13

14 The scope has been reduced and simplified Exemption from CC rules for small farmers (in the sense of the direct payments Regulation) Small farmers will continue to be required to respect the Directives and Regulations However they will be exempted from risks of reduction of CAP payments under Cross Compliance This is a simplification for small farmers and administrations since these farmers will not be included in the CC control system 14

15 Water and pesticides are specifically addressed Council and European Parliament declaration (Annex IV of the Council working document 11546/13): "The Council and the European Parliament invite the Commission to monitor the transposition and the implementation by the Member States of Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy and Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides and, where appropriate, to come forward, once these Directives have been implemented in all Member States and the obligations directly applicable to farmers have been identified, with a legislative proposal amending this regulation with a view to including the relevant parts of these Directives in the system of crosscompliance." Commitment for an introduction into the scope of CC However the timing will depend of the proper implementation on the ground 15

16 Water and pesticides are specifically addressed In the meantime, water and pesticides issues continue being addressed under CC: The provisions for water and pesticides currently under CC will continue being covered by CC. The Nitrates Directive The GAEC on water The Pesticides Regulation The relevant provisions under the Food Law (record keeping) Moreover the Water Framework Directive (WFD) and the Sustainable Use of pesticides Directive (SUD) are included in the scope of the Farm Advisory System to help the start up phase of its implementation by farmers The pesticides issue continue being addressed unchanged until the introduction into CC of the WFD and the SUD Until full implementation, the emphasis is put on advice rather than on sanctions 16

17 Farm Advisory System (FAS) A number of principles are further specified The FAS is a stand alone CAP instrument. It is set up in the Horizontal Regulation and in a single Title Its objectives are specified in the recitals (recital 10) Advising bodies can be public or private Advisors shall be qualified and trained The separation between advice and control shall be ensured Farmers are informed of their possibilities to have access to advice Farmers not receiving CAP support are also concerned The advice must be targeted to the situation of the holding The scope of the FAS has been significantly enlarged: Cross compliance requirements Greening requirements and maintenance criteria for eligibility of land to BPS WFD and SUD Certain RD measures for farm modernisation, competitiviness building, sectoral integration innovation, market orientation and promotion of entrepreneurship + voluntary scope 17

18 PAYMENTS CROSS COMPLIANCE (before) RULES Direct payments : Single Payments Scheme Single Area Payment scheme All coupled direct payments Rural development: Agri-environment Forest-environment Less-favoured areas Natura 2000 payments Water Framework Directive payments Animal welfare payments First afforestation of agricultural land Wine : Grubbing-up Restructuration Green harvesting FARM ADVISORY SYSTEM (before) Statutory Management Requirements (18 SMR) Birds and Habitats Directives Groundwater Directive Nitrates Directive Sewage Sludge Directive Animal Identification & Registration Pesticides authorisation Regulation Hormones ban Directive General Food Law Notification of diseases (4 acts) Animal welfare (3 acts) Good Agricultural and Environmental Conditions (GAEC): 15 standards Minimum soil cover Minimum land management Arable stubble management Retention of landscape features Avoiding encroachment Permanent Pasture protection Buffer strips along water courses Authorisation of water use for irrigation Retain terraces Crops rotations Appropriate machinery use Appropriate regime of maintenance Establishment/retention of habitats Olive groves and wines Permanent Pasture Ratio 18

19 PAYMENTS Direct payments : Basic payment Green payment Less-favoured areas Young farmers All coupled direct payments Rural development: Agri-environment and organic farming Forest-environment Less-favoured areas Natura 2000 payments Water Framework Directive payments Animal welfare payments Afforestation Wine : Restructuration Green harvesting CROSS COMPLIANCE (after) Water Framework Directive Sustainable Use of pesticides Directive Greening and land maintenance Certain RD measures + Voluntary measures RULES Statutory Management Requirements (13 SMR) Birds and Habitats Directives Nitrates Directive Animal Identification & Registration Pesticides authorisation Regulation Hormones ban Directive General Food Law Notification of diseases (1 act) Animal welfare (3 acts) Good Agricultural and Environmental Conditions (GAEC): 7 standards Buffer strips along water courses Authorisation of water use for irrigation Groundwater protection Minimum soil cover Minimum land management Maintenance of soil organic matter Retention of landscape features FARM ADVISORY SYSTEM (after) 19

20 Time schedule and transitional rules Time schedule of the reform New direct payments framework to enter into force as from 2015 New rural development measures to enter into force as from 2014 New scmo rules (wine) to enter into force as from New cross compliance rules to enter into force as from 2015 New FAS rules to enter into force as from 2015 Transitional rules (in discussion under co-decision): Legal provisions to be adapted for cross compliance and FAS Continuation of CC old version for DP old version, then CC new version apply as from 2015 for DP new version Continuation of CC old version to RD measures old and new version in 2014, then CC new version applies as from 2015 to RD measures old and new version Two specificities: The withdrawal of the SUD from the scope of CC applies already as from 2014 The transformation into a GAEC 3 of the groundwater requirements stemming from the old groudwater Directive applies as from

21 Thank you 21