The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011
| Year | 2011 |
2011 No. 415
Agriculture
The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011
Made 22th November 2011
Laid before the Scottish Parliament 24th November 2011
Coming into force 1st January 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to EU instruments to be construed as references to those instruments as amended from time to time.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2011 and come into force on 1st January 2012.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations—
“authorised person” means any person authorised by the Scottish Ministers to act in matters arising under these Regulations, the Council Regulation or the Commission Regulation;
“the Commission Regulation” means Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector2, as amended from time to time;
“control report” means a control report pursuant to Article 54 of the Commission Regulation, and “provisional control report” is a draft control report detailing all the information required in a control report;
“the Council Regulation” means Council Regulation (EC) No 73/2009establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006and (EC) No 378/2007and repealing Regulation (EC) No 1782/20033, as amended from time to time;
“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)4, as amended from time to time;
“the EIA Agriculture Regulations” means the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 20065;
“electronic communication” means an electronic communication as defined in section 15 (general interpretation) of the Electronic Communications Act 20006, which has been recorded and is consequently capable of being reproduced;
“farmer” has the same meaning as in Article 2(a) of the Council Regulation;
“growing season” means the growing season which ends on or before 15th October in any calendar year;
“holding” has the same meaning as in Article 2(b) of the Council Regulation;
“non-compliance” has the same meaning as in Article 2(36) of the Commission Regulation;
“the Scottish Environment Protection Agency” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 19957;
“Scottish Natural Heritage” means Scottish Natural Heritage established under section 1 of the Natural Heritage (Scotland) Act 19918; and
“site of special scientific interest” means land notified under section 3(1) or 5(1) (sites of special scientific interest) of the Nature Conservation (Scotland) Act 20049.
(2) Other expressions used in these Regulations have, unless the context otherwise requires, the meaning they bear in the Council Regulation and the Commission Regulation.
(3) Unless the context otherwise requires, any reference in these Regulations to a numbered paragraph or sub-paragraph is a reference to the paragraph so numbered in the regulation or Schedule to these Regulations, or to the sub-paragraph so numbered in the paragraph, in which that reference occurs.
(4) Except in relation to a management regime, approval or consent under paragraph 10(2), 11(3), 12(2)(a), 14, 15(1) or 16(1) of the Schedule to these Regulations, where this paragraph applies only if the farmer so consents, or has contacted the Scottish Ministers by way of an electronic communication in relation to such a regime, approval or consent, any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication.
Designation
3. The Scottish Ministers shall be the competent national authority for the purposes of providing the list of statutory management requirements and good agricultural and environmental condition to be respected, as required by Article 4(2) of the Council Regulation.
Good agricultural and environmental condition
4.—(1) The standards of good agricultural and environmental condition set out in the Schedule to these Regulations apply as minimum requirements for the purpose of Article 6 of, and Annex III to, the Council Regulation.
(2) The land must be maintained in a condition that would make it reasonably practicable for an authorised person (and any person who may accompany an authorised person) to exercise any of the powers specified in regulation 7 as necessary to ascertain whether any of the statutory management requirements under Article 4 of, and Annex II to, the Council Regulation or any requirement of this regulation or the Schedule to these Regulations has been complied with.
Permanent pasture
5.—(1) If it is established that the ratio mentioned in Article 3(1) of the Commission Regulation is decreasing, the Scottish Ministers 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 ensured the Scottish Ministers must require a farmer to re-convert land to permanent pasture in accordance with Article 4(2) of the Commission Regulation.
(3) In this regulation, “permanent pasture” has the meaning given to it in Article 2(2) of the Commission Regulation.
Competent control authority
6.—(1) The Scottish Ministers are designated as the competent control authority for the purposes of Article 48 of the Commission Regulation.
(2) The Scottish Ministers may require the relevant authorities to carry out controls for the purposes of Article 8 and Chapters I and III of Title III of Part II of the Commission Regulation.
(3) The relevant authorities must—
(a)
(a) send to the Scottish Ministers a provisional control report; and
(b)
(b) for the purposes of Article 70 of the Commission Regulation where a non-compliance is established as a consequence of any kind of checks, notify the Scottish Ministers of any non-compliance established.
(4) The Scottish Ministers must pursuant to Article 54 of the Commission Regulation, establish the final control report and where the Scottish Ministers are not the Paying Agency, send the control report to the Paying Agency.
(5) In this regulation, “the relevant authorities” means—
(a)
(a) Scottish Natural Heritage; and
(b)
(b) the Scottish Environment Protection Agency.
Powers of authorised persons
7.—(1) In addition to any existing power of entry an authorised person may exercise any of the powers specified in this regulation for the purpose of—
(a)
(a) providing a control report or a provisional control report;
(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 may, on producing if so required, a duly authenticated document showing that person’s authority, at all reasonable hours enter any land (excluding any premises used only as a dwelling) which is, or which such person has reasonable cause to believe to be, a holding occupied by, or in the possession of, a farmer or employee, agent, contractor or tenant of the farmer.
(3) If a sheriff or justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises by an authorised person under this regulation and either that—
(a)
(a) entry has been refused or a refusal is reasonably expected, and that person has given notice to the occupier of his or her intention to apply for an entry warrant; or
(b)
(b) a request for entry, or the giving of such a notice, would defeat the object of entry, or entry is urgently required, or the premises are unoccupied, or the occupier is temporarily absent and it would defeat the object of entry to await the occupier’s return,
the sheriff or justice may by signed warrant, valid for a period of no more than one month, authorise that person, together with any person who may accompany him or her by virtue of paragraph (5), to enter the premises, if need be by reasonable force.
(4) An authorised person may—
(a)
(a) carry out any inquiries, checks, examinations, measurements and tests;
(b)
(b) take any samples;
(c)
(c) inspect all or any part of the land farmed, laid fallow or withdrawn from agricultural production by a farmer;
(d)
(d) inspect any crops growing on that land or any livestock or any other thing kept on it;
(e)
(e) mark any animal or other thing for identification purposes;
(f)
(f) have access to, inspect and copy any documents or records (in whatever form they are held) kept relating to matters 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...
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