Cross Compliance Notes for Guidance - Update

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Help Stop Illegal Poisoning and Protect your Farm Payments

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Single Farm Payment and Cross Compliance:-

Farmers and landowners in receipt of payments under the Single Farm Payment Scheme (and other EC funded schemes) have important responsibilities towards the environment, public, animal and plant health and animal welfare.

Claimants must comply with a number of specified legal requirements - Statutory Management Requirements ( SMRs) and keep the land in Good Agricultural and Environmental Condition ( GAEC). These measures are known as Cross Compliance. Cross Compliance applies to all land within an agricultural business irrespective of whether it is used to activate Single Farm Payment entitlements.

Cross Compliance Implications of Illegal Poisoning

Failure to comply with SMR's can lead to penalties being applied to payments. Penalties can range from a warning letter to recovery of 100% of the payment.

Cross Compliance penalties can be applied to Single Farm Payment in cases even where there is insufficient proof for the case to go to court.

The SMR's which relate to illegal poisoning are:

SMR 1 Conservation of wild birds - specifically - you must not:

  • Intentionally or recklessly kill, injure, take, keep or sell any wild bird without authorisation
  • Hunt, take or kill quarry species during the closed season
  • Commit other criminal offences involving birds such as destroying nests, taking eggs or using illegal traps or poisons.
  • Cause or permit criminal offences involving birds, even if you do not yourself commit the illegal act.

SMR 9: Restrictions on the use of plant protection products - you must not:

  • Use any plant protection product unless it has been approved under the Plant Protection Products (Scotland) Regulations 2005 or the Control of Pesticides Regulations 1986.

Possession Of Pesticides

Under the Possession of Pesticides (Scotland ) Order 2005 it is now an offence to be in possession of any of the pesticides listed in the Order, such as Carbofuran, without a legitimate excuse and can attract a fine of up to £5,000 and/or six months in prison.

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If you see evidence of illegal poisoning call the Campaign Against Illegal Poisoning
on 0800 321 600 or call the police

Page updated: Tuesday, November 06, 2007