COMPLIANCE PENALTIES AND APPEALS

All farmers in receipt of any form of payment from the Department of Agriculture are

subject to compliance with certain rules and regulations. These rules and regulations

are subject to rigorous checking by the Department and where alleged breaches are

found to exist certain penalties are applied. The penalties are specific to each individual

scheme and can in extreme cases can result in forfeiture of all moneys received.

CROSS COMPLIANCE

The Single Payment Scheme has as one of its main measures, the implementation of

cross compliance measures. An important part of this reform is the decoupling of direct

payment from production and the creation of an effective link between EU support for

agriculture and measures aimed at protecting the environment and improving the

countryside as well as achieving high standards in food safety, animal health and

welfare. In pursuit of this objective it is necessary to put in place adequate checking

and control arrangements to ensure adherence to the required standards.

BACKGROUND

The concept of linking farming to observance of statutory standards and good practice

is not new. Farmers have long been aware of the benefits flowing from the ‘clean

green‘ image which our food industry has. This clean image together with our

adherence to quality in food production has stood Irish agriculture well over the years.

If we are to further build on this image and consolidate our share of an increasingly

competitive and demanding national and international consumer market then we must

continue to adhere to the highest standards.

Under the Single Payment Scheme, respect for basic standards for the environment,

public, animal and plant health, animal welfare and for good agricultural and

environmental condition is now incorporated as a condition of the scheme.

KEY ELEMENTS OF CROSS COMPLIANCE

Cross compliance will involve two key elements:

 a requirement for farmers to comply with a number of statutory management

requirements (SMRs) set down in EU legislation (Directives and Regulations) on

the environment, food safety, animal health and welfare, and plant health, and;

 a requirement to maintain land in good agricultural and environmental condition

(GAEC). In addition there will be an obligation on the Member State to ensure

that there is no significant reduction in the amount of land under permanent

pasture.

The Cross Compliance conditions consist of respecting a total of 18 Statutory

Management Requirements (SMRs) in addition to maintaining the land in GoodAgricultural and Environmental Condition (GAEC). If an applicant is found

non-compliant sanctions will be applied under the Single Payment Scheme. The

following is a list of the SMR’s and dates on which they became applicable:

From 1st. January 2005

SMR1 – Conservation of Wild Birds

SMR2 – Protection of Groundwater

SMR3 – Sludge

SMR4 – Nitrates

SMR5 – Conservation of Natural Habitats and of Wild Flora and Fauna

SMR6, 7, 8 & 8a – Identification and Registration of Animals (Bovine, Ovine, Porcine)

SMR9 – Plant Protection Products (Pesticides)

From 1st. January 2006

SMR10 – Hormones

SMR11 – Food Hygiene

SMR12 – Feed

SMR13 – Foot and Mouth

SMR14 – Swine Vesicular Disease

SMR15 – Bluetongue

From 1st. January 2007

SMR16 – Animal Welfare (Calves)

SMR17 – Animal Welfare (Pigs)

SMR18 – Animal Welfare (General)

ENVIRONMENT MEASURES

The environment measures cover matters such as the conservation of wild birds, the

protection of groundwater against pollution caused by certain dangerous substances,

the protection of the environment, and in particular of the soil, when sewage sludge is

used in agriculture, the protection of waters against pollution caused by nitrates from

agricultural sources, the conservation of natural habitats and of wild flora and fauna.

The Nitrates SMR is dealt with in more detail on page 285.

PUBLIC AND ANIMAL HEALTH MEASURES

In Ireland’s case these measures are already being fully complied with as they concern

identification and registration of animals and the labeling of beef and beef products.

ON- FARM INSPECTIONS

In the first instance it is a requirement to carry out standard eligibility checks. These

checks will be carried out to;

 Verify that the actual area claimed in the Single Payment application form

corresponds with the area held by the farmer and ensure there are no

overlapping claims, or duplicate claims;

 Confirm that the lands declared for set-aside purposes are maintained in

accordance with the provisions of the EU Regulations and the set-aside

obligations are observed;

 Confirm that the lands declared as permanent pasture have not, in fact, been

ploughed and used for the growing of arable crops;

 Verify that the eligible hectares in the application form does not contain land

used for fruit and vegetable production or potatoes in the year of application;

 Confirm that lands declared as eligible hectares have not been afforested or used

for the production of other permanent crops in the year of application.

At least 5% of applicants will receive on-farm eligibility checks. The rate of

on-farm inspection required for cross-compliance is normally 1% of those farmers to

whom the relevant Statutory Management Requirement or GAEC apply. However, at

least 5% of producers must be inspected under the Animal Identification and

Registration requirements as this level is prescribed under the relevant Regulations.

Under the Single Payment Scheme there will be a significant reduction on the current

number of on-farm checks, which are approaching 20,000 per year. In implementing

the Single Payment Scheme, the policy of the Department of Agriculture and Food is to

minimise the number of inspection visits and to move towards a situation where, in

most cases, all eligibility and cross-compliance checks will be carried out during a

single farm visit. However, this may not always be possible due to the number of

agencies involved.

CROSS COMPLIANCE – SANCTIONS

If non-compliance is due to negligence then, normally, the penalty is 3% of the aid for

the year in question. However, on examination of the control report and taking account

of the permanence, extent or severity of the non-compliance the 3% may be reduced to

1% or increased to 5%. If repeated non-compliance is found then the penalty

established will be multiplied by 3 up to a maximum of 15% of the aid. If intentional

non-compliance is found then the penalty is 20% of the direct payments for the year in

question. However, on examination of the control report and taking account of the

permanence, extent or severity of the non-compliance the 20% may be reduced to 15%

or increased to 100%.

INSPECTIONS

All schemes require the inspection of a minimum number of applications. For on-farm

investment schemes all applications are subject to inspections. Single Farm Payment

applications are selected for inspection on the basis of risk analysisINSPECTORS’ OBLIGATIONS

When notice is give of an inspection, the period of notice cannot exceed 48 hours.

Inspectors, on arrival should introduce themselves, produce identification and state the

purpose of the visit. They should then explain the inspection procedure and satisfy

themselves that the applicant understands it. If the applicant or any representative is not

present, the inspection will proceed anyway. In this case the inspector should leave

written notification that an inspection has taken place including the inspector’s name

and phone number. If an inspector is unduly delayed at a previous inspection the

applicant should be contacted as soon as possible and not later than one hour before the

appointed time for the inspection. If the inspection cannot be carried out that day an

alternative arrangement will be made in agreement with the applicant.

On completion of the inspection if non-compliance is found, the applicant or

their representative should be informed of what has been found and how the findings

do not comply with the requirements of the scheme. The applicant should then be

invited to provide an explanation of the non-compliance either at the time of the

inspection or within seven days of the date of the inspection. Any explanation tendered

will be noted in the inspector’s report. The farmer should also have the opportunity to

write their comments on the inspector’s report.FARMERS’ OBLIGATIONS

If the farmer cannot be present he/she can arrange for a representative to attend on

his/her behalf. If the applicant fails to co-operate with the inspection the application

will be rejected.

INSPECTION PROCEDURES

All REPS, ERS and Installation Aid inspections are required to be

unannounced. The date and time for inspections relating to On-Farm Investment

schemes should be arranged with the applicant.

On arrival the inspector should present identification, state the purpose of the

visit and explain the inspection procedure to the farmer. The inspector should be

satisfied that the farmer understands the procedure.

In the case of prearranged inspections, the applicant can arrange to be

represented by another person. However, if either the applicant or any

representative is absent the inspection will take place anyway. In this case the

inspector should leave written notice that the inspection has taken place. They

should also leave the name and phone number of the inspector and note whether

any problems were identified.

In the case of a REPS or ERS inspection, where the inspector considers that a

penalty may be imposed the applicant should be informed, if present. The

decision to apply a penalty should be notified to the applicant within four weeks

of the inspection. The applicant will then have ten days to submit their

comments from the date on the letter of notification.

COMPLAINTS

Farmers have a right to complain if they feel that they have not received an appropriate

level of service. Complaints should be made initially to the senior officer in charge of

the area to which the complaint relates. This complaint can be made in person or in

writing. Where the farmer is not satisfied with the response, they may pursue the matter

with the Quality Services Officer. The Quality Services Officer should then have the

matter fully investigated. This should be done impartially by an officer who was not

involved in the matter giving rise to the complaint. The Quality Services Officer may

be contacted at the Quality Services Unit, Department of Agriculture, Food and Rural

Development, Agriculture House, Kildare Street, Dublin 2. Tel: 01-6072694 or Lo-Call

1890 20 05 10 ext. 2694. In the event that a farmer is unhappy with the decision of the

Quality Service Officer the next course of appeal is the Agriculture Appeals Office.

AGRICULTURE APPEALS OFFICE

The Agriculture Appeals Office is an independent agency established by the Minister

for Agriculture and Food to provide an appeals service to farmers who may be unhappy

with decisions of the Department of Agriculture and Food concerning their entitlements

under any of the schemes operated by the Department.

The Office is made up of a Director who acts as Chief Appeals Officer, a number of

appeals officers and support staff. It is located in Portlaoise, Co Laois and deals the

following schemes:

- Area Based Compensation scheme (previously known as Headage payments)

- Single Farm Payment

- Rural Environment Protection Scheme (REPS)

- Early Retirement Scheme

- Organic Farming

- On-Farm Investment schemes (including Control of Farmyard Pollution,

- Improvement of Dairy Hygiene Standards and Farm Waste Management)

- Alternative Enterprise Schemes

- Farm Improvement Programme (including Horticulture)

- Installation Aid

- Non-valuation aspects of the TB and Brucellosis Eradication Schemes

- National Beef Assurance Scheme

- The Scheme for the Approval and Registration of Dealers and Dealers’ premises.

Every Appeal must be made in writing and addressed to The Director, P.O.Box 5,

Portlaoise, Co. Laois (Tel 1890 671671). Blank forms are available from the

Agriculture Appeals Office or from local offices of the Department of Agriculture &

Food. Before submission to the Appeals Office, decisions must have been the subject

of a review within the Department of Agriculture and Food. Appeals must be lodged

within 3 months of the decision of the Department. The appeal takes the form of an

oral hearing at a venue, usually a local hotel, convenient for the appellant. The appeal

will be heard in front of the Appeals Officer in the presence of the Department Officer

who made the decision.

Finally, if a farmer is still unhappy with the service provided he can contact

the office of the Ombudsman at 18 Lower Leeson Lane, Dublin 2. Tel: 01-6785222 or

Lo-Call 1890 22 30 30.

THE OMBUDSMAN

When you have exhausted all the appeal procedures as set out above you can contact

the Ombudsman. You should complain to the Ombudsman as soon as possible but not

later than 12 months after the action you want to complain about occurred or you

became aware of it occurring. When making a complaint try to give as much detail as

possible including copies of letters and reference numbers. Complaints may be made in

writing, by telephone, by calling to the Ombudsman’s Office or by email. Send any relevant documentation or correspondence you may have. The Office is open between

9.15 and 5.30 each day including lunchtime, Monday to Friday and is located at:

18 Lr. Leeson St., Dublin 2.

Tel: 01 6785222 or 1890 223030 (from outside 01 area)

Fax: 01 6610570. E-mail: ombudsman@ombudsman.irlgov.ie

FREEDOM OF INFORMATION ACT

The Freedom of Information Act provides that every person has the right to seek access

to personal information held on them by public bodies regardless of when the records

were created, and to other records created after 21 April 1998. Under the Act every

person has a right to:

- access records held by this Department

- seek to correct personal information relating to oneself held by the Department,

- where it is inaccurate, incomplete or misleading

- access to reasons for decisions made by the Department where such decisions

directly affect the individual involved.

When making an FOI application it is important to note that the application must be in

writing and must indicate that the information is sought under the Freedom of

Information Act. The request must provide sufficient detail to enable the records sought

to be identified. If you are seeking personal information, some form of identification,

e.g. copy of driver’s license, passport, etc. should accompany your application. In most

cases, the Department must give its decision on a request within four weeks of

receiving it (where third party consultation is involved an additional three weeks is

provided for).

There is a charge of €15 for a request for a record other than a record

containing only personal information relating to yourself. You can also be charged for

the time spent finding records that are to be given to you at a rate of €20.95 per hour

and for photocopying at a rate of 4 cent per sheet. There is unlikely to be any charge in

respect of a request for personal information. Where the request relates to a decision

made by a public body the fee is €75 plus costs as set out above.

Applications for information under the Freedom of Information Act should be

addressed to: Freedom of Information Unit, Department of Agriculture and Food,

Kildare Street, Dublin 2. Tel (01) 6072952, Fax (01) 6072788, E-mail

foi@agriculture.gov.ie

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