What does Brexit mean for cross compliance?

The rules governing the application of fertiliser, hedgecutting and livestock record-keeping, known as cross-compliance, have been relaxed this year, but there are still some important details that farmers need to keep their eye on in order to not get caught out.

The changes are in light of Brexit and the flexibility that is now available to the UK authorities, and are set to ease some of the pressures faced by farmers.

To explain further Nannette Kendrick, Head of New Business and Marketing at Lovedays Solicitors who are specialists agricultural lawyers provides details on cross compliance rules.

Cross compliance rules apply to farmers and land managers if they are claiming rural payments for the Basic Payment Scheme (BS), Countryside Stewardship (CS), Entry Level, and Higher Level Stewardship for agreements starting on or after 1st January 2007 or Woodland Management Grants and Farm Woodland Premium elements of the English Woodland Grant Scheme starting on or after 1st January 2007.

Cross compliance covers the environment and condition of the land as well as the health of the public, animals and plants, so it is important that it continues to be taken seriously.

Cross compliance changes in 2021

Whilst the cross compliance rules themselves have not changed, the way they are applied and the penalties associated with them have. Leaving the EU has given the government the ability to create its own rules and the Department for Environment, Food & Rural Affairs (DEFRA) has said that it intends to stop using cross compliance as the basis for regulation and enforcement of payment scheme compliance in the future.

Whilst this will take some time, the changes are beginning now with a move away from financial penalties for any breaches of cross compliance rules in favour of warnings and advice this year. If a penalty is enforced, it is likely to be more proportionate depending on the severity and intention behind the breach.

Despite the fact that penalties might be relaxed, that does not mean that the compliance rules have changed as many of the rules will continue to apply until at least the end of the Brexit transition period.

Currently, the Rural Payments Agency (RPA) will concentrate on the risk to the environment when inspecting, and the farmer will be provided in advance with the list of records that the inspector will want to see. This means that fewer farms with low level non-compliance will be inspected, and any inspections will take the opportunity to point out relevant guidance that might assist the farmer in meeting the requirements.

Northern Ireland will see a change to livestock recording requirements where imported sheep and cattle from non-EU countries must be double tagged, whilst pigs will require a slapmark in place of a curer mark. Wales will see very few changes, with more of a concentration on tighter wording within the rules, and Scotland will see no changes at all.

What will happen in 2024?

DEFRA has suggested that after a period of consultation with farmers and stakeholders, the new rules will not be introduced until 2024. That means that we do not currently know what the regulations will entail, but it is likely to focus on whole farm improvement as well as an increase in animal welfare standards and environmental protection.

Inspections may also change, basing them more on remote surveillance instead of foot inspections, and support and incentives could also increase.

It is important to remember that the proposed delinking is not due to come into effect until at least 2024, however, some changes are already taking place in the run up to that date, so it is important for farmers and land managers to keep on top of them and ensure that their farm remains compliant at all times.