What's new ?

 

Cross-compliance

 

This year has seen the introduction of a brand new system of financial support across the European Union. Under the new 'Single Payment Scheme' farmers will receive a single  annual 'per hectare' payment for their land.

The payment is conditional on their compliance with a wide-ranging group of standards and requirements. In England there are 17 of these which are listed in a 'Cross Compliance Handbook' produced by DEFRA. They are known as 'Good Agricultural and Environmental Standards' (GAECs).  GAEC 8 describes what has to be done in relation to public rights of way in three sections numbered 64-66, which briefly summarise the existing legal requirements. There  has been some puzzlement and concern that these appear to apply only to 'visible' rights of way, but DEFRA has confirmed that it is intended to cover all of them.

 

Further payments may be obtained by entering areas of land into the 'Environmental Stewardship' scheme, which provides levels of support for increased environmental benefits. These reguire full compliance with all the 'normal' obligations to rights of way users - which are set out in greater detail.

 

The financial penalties will take the form of a 3% reduction of payment for each instance of non-compliance.

 

There is still a deqree of uncertainty about the way in which compliance is to be monitored and enforced. The duty of enforcement lies with a body called the Rural Payments Agency (RPA), but it will have to work closely with the highway authorities. Since there is a duty for potential breaches of compliance to be referred to the RPA, whether they are discovered by the HA itself or reported to it by members of  the public and/or RA representatives, the reporting of cases of obstruction on farmland ought, automatically, to lead to an investigation by the RPA. It will be interesting to see how effectively this system operates when  it is 'up and running' !