cross compliance - slovenian experience

Republika Slovenija

Cross Compliance - Cross Compliance - Slovenian ExperienceSlovenian ExperienceBenedikt JERANKO [email protected]

Head of Direct Payment SectionAgency of the Republic of Slovenia for Agricultural Markets and Rural Development

Brussels, 25 July 2007

Benedikt Jeranko: Cross Compliance - Slovenian ExperienceBrussels, 25 July 2007

ContentContentss

• Legal bases in Slovenia• Role of the Agricultural Advisory Service• Training • Control • Procedures at the Agency• Experience and critical view


Slovenian agricultureSlovenian agriculture

In 2007, Slovenia has launched a regional model of a single payment with coupling in the bovine animals sector and historic rights in the milk and sugar sector.

General data on claims submitted in 2007:• Axis 1

• 61.000 farms (450.000 ha) submitted a single payment claim • 3.000 farms submitted claims for small cattle

• 37.000 farms (in 2006) submitted claims for bovine animal production payments (special and slaughter premiums, suckler cows, milk and extensification premium)

• Axis 2• 50.000 farms submitted LFA claims • 27.000 farms submitted claims for agri-environmental measures


Legal bases in SloveniaLegal bases in Slovenia

On the basis of the Agriculture Act, the Government of RS adopted the Decree on statutory management requirements and good agricultural and environmental conditions in farming, which determines the conditions of the implementation of the cross compliance statutory requirements for the implementation of:• Council Regulation (EC) No. 1782/2003;• Commission Regulation (EC) No. 796/2004;• Commission Regulation(EC) No. 1975/2006 as

regards the implementation of cross compliance in respect of rural development measures


The content of the Slovenian DecreeThe content of the Slovenian Decree

The Slovenian Decree on statutory management requirements and good agricultural and environmental conditions in farming specifies:

• Conditions for meeting the cross compliance requirements

• The mode of meeting the requirements

• Competent authority for verification (AAMRD)

• System of penalties (point system)

• Persons liable


List of statutory management List of statutory management requirementsrequirements

List of statutory management requirements, which is an integral part of the national Decree, contains the data on:• EU REGULATION; • REQUIREMENTS laid down in EU regulation taken into

consideration in cross compliance;• NATIONAL LEGISLATION of the Republic of Slovenia

that summarises the requirements laid down in EU regulation;

• IMPLEMENTATION OF REQUIREMENTS from national legislation at the level of agricultural holdings;

• REQUIREMENTS from national legislation that a person liable should comply with and are checked by controllers;

• LEVEL OF INFRINGEMENT of requirements from national legislation expressed as a mark (penalty points).


Example from the DecreeExample from the Decree

• The example represents a list of statutory requirements related to the nitrate standard

EU REGULATION

REQUIREMENTSNATIONAL

LEGISLATIONIMPLEMENTATION OF REQUIREMENTS

REQUIREMENTSLEVEL OF

INFRINGEMENT


Information and trainingInformation and training

Information and training are provided at two levels:1. Training of on-the-spot agricultural

advisors carried out in cooperation with: • Ministry of RS for Agriculture, Forestry and Food, • Agency of RS for Agricultural Markets and Rural

Development, and • Agricultural Advisory Service.

2. Education of farmers is performed by on-the-spot agricultural advisors who are organised in the framework of the Agricultural Advisory Service of Slovenia


Agricultural Advisory Agricultural Advisory ServiceService

Agricultural Advisory Service is organised within the Chamber of Agriculture and Forestry of Slovenia, which is a non-governmental peer organisation of the Slovenian agriculture. Chamber’s members are all Slovenian farmers. Agricultural Advisory Service:• 309 advisors with higher-education or

university degree;• Organisation in 8 regional institutes all over

Slovenia ensures that advisors are close to farmers;

• Financing of the programme also from the national budget.


Advisory methodsAdvisory methods

• Individual counselling• on a farm• in the office, by phone or E-mail

• Drawing-up of written instructions and publication of brochures

• Lectures, workshops, demonstrations• Training courses


Main task of agricultural counsellingMain task of agricultural counselling

Advisory service explains a farmer the requirements in such a way that he/she can understand them and is capable of implementing them correctly and successfully in everyday practice.

CC

AASFarmer

What does it mean

What should be done

How to do it

Requirements

AAMRD

How to control

Controls

Re

qu

irem

en

ts


What and how to do in practiceWhat and how to do in practice

The example below is a part of lectures intended for farmers on meeting the animal welfare requirements. It indicates the proper handling of ill or injured animals.


Training of farmers to dateTraining of farmers to date

Education was held as a part of regular programmes of the Agricultural Advisory Service:• Within subsidy campaign each year;• Within year-round activities:

• Implementation of compulsory educational material for farmers included in the Slovenian agri-environmental programme (25.000 agricultural holdings included);

• Special optional programmes;• By preparing expert printed material (MAFF,

AAMRD and CAFS).

Advisors were not particularly specialised for advising in the field of cross compliance.


System being implemented in 2007System being implemented in 2007

In the field of advising and training related to cross compliance, the following is being implemented in 2007:• Certification of on-the-spot advisors for

advising in the field of cross compliance;• Carrying out “preventive” controls and

advising on farms;• Publication of a special Manual intended to all

agricultural holdings in Slovenia.


Certification of advisors for CCCertification of advisors for CC

The programme for obtaining a certificate for advising in the field of cross compliance was approved by the MAFF and comprises:• A 3-day seminar held by acknowledged Slovenian experts

for individual fields of CC (it took place in three locations in November and December 2006, 288 advisors were included)

• Practical work on a farm (held in May and June 2007) covering:

• Inspection of a farm on the basis of a special questionnaire

• Drawing-up of a special report • Consignment review of the written material on farms

(being implemented).

After successfully completed all three phases, advisors with a valid advising license will obtain a special certificate for advising in the field of cross compliance.


Visit of each farmVisit of each farm

Advisors with obtained certificate will visit all farms according to the following schedule:1. Farms with established infringements as regards CC2. Large farms3. Risky farms

The visit will cover:• General inspection of a farm;• Review of compliance with CC requirements;• Review of the records that have to be kept by an

agricultural holding;• Advising on arrangement or improvement of the existing

conditions.


Manual for the implementation of CC Manual for the implementation of CC requirementsrequirements

The Ministry of Agriculture, Forestry and Food and the Chamber of Agriculture and Forestry of Slovenia have prepared a “MANUAL FOR THE IMPLEMENTATION OF CROSS COMPLIANCE REQUIREMENTS INTENDED TO AGRICULTURAL HOLDINGS”, which:

• is intended to all agricultural holdings and will be sent to them by mail;

• uniformly explains the requirements of all CC standards;

• provides instructions for handling and a self-evaluation tool;

• explains the mode of sanctions in case of infringements.


Form and contents of the ManualForm and contents of the Manual

The contents in the columns of an individual “sheet”:

• Cross compliance requirement indicates specific requirements of a certain standard and furthermore stipulates:• Level of infringement in case of incompliance with a requirement of

the standard, • Goal that is aimed by a requirement. • A question from a record on control that represents a statement

according to which controllers will verify a requirement for a certain standard.

• Technical reasons and justification why the compliance with the requirements of a certain standard is necessary.

• Handling of a farmer in everyday practice to prevent the infringement of a requirement of to eliminate irregularities.

• Questions to assist farmers that enable the performance of self-control to obtain a realistic picture on meeting the cross compliance requirements for the entire agricultural holding.


Form and contents of the Manual -exampleForm and contents of the Manual -example

CC requirement• Level of infringement• Goal• A question from a record on control

Technical reasons. Handling of a farmer.Questions to

assist farmers.


Control of compliance with requirementsControl of compliance with requirements

The control of compliance with the CC requirements is performed administratively on the basis of the existing registers and on-the-spot:• Within regular on-the-spot controls;

• The performance of controls is a task delegated to a control organisation;

• The control covers min. 1% of all persons liable selected on the basis of risk analysis for each standard separately;

• The compliance with 94 requirements from all 15 standards is controlled;

• Within controls carried out by “independent” inspection services


““Regular” on-the-spot controlRegular” on-the-spot control

• The control is carried out on the entire farm;

• Following the control, a controller completes a record signed by a controller himself and a farmer in 2 copies (1 copy remains on the farm);

• The record forms a basis for a further action of the AAMRD;

• Sanctions are settled by reducing the subsidy paid.


Other controlsOther controls

• On the basis of an agreement between the AAMRD and the contractors, which is amended annually, they are performed by:• Inspectorate for Agriculture, Forestry and Food;• Veterinary Administration;• Police;• Inspectorate for the Environment and Spatial Planning.

• The AAMRD considers final decisions• Sanctions are settled by:

• Reducing the subsidy paid if a notification precedes the payment;

• Recovery if a notification is received after the payment was made. In case the infringer does not return the money after a call, the recovery is carried out by the Tax Administration of the RS.


The most frequent infringements The most frequent infringements established by inspection servicesestablished by inspection services

All services work in cooperation and forward their findings. The most frequent infringements are as follows:• Spilling of slurry in the period of prohibition and in

prohibited areas,• Inappropriate storage premises for food fertilisers,• Inappropriate marking of animals and improper keeping of

registers of farm animals,• Inappropriate handling of animals,• Incineration in the wild and incineration of waste on a

farm,• Inappropriate use of agricultural land or uncultivated

agricultural land,• Infringements related to keeping and use of phytosanitary

agents.


System of penaltiesSystem of penalties

• Slovenia has implemented a penalty points system. • The points per individual standards are summed-up:

• If the total is 99 points, the eligible payments in a current year are reduced by 1 %.

• In case of 100 or more points, the reduction of payment amounts to 3 %.

• The percentages per individual standards are summed-up, however, they may not exceed 5 % of reduction for all payments in one year.

• Even in case of a higher percentage the reduction of payments in a current year remains 5 %.


Penalties for repeated infringementsPenalties for repeated infringements

• If the same infringement occurs in a consecutive year within the same standard:• The percentage of reduction is multiplied by factor 3,• However, the total percentage in a current year may not

exceed 15 %. • When the reductions amount to 15 %, the AAMRD notifies

a beneficiary that in case the infringement occurs again within the same standard, it will be deemed as intentional.

• In case of intentional infringements, the total amount of reduction may exceed 15 %, and according to the importance of the infringement a beneficiary may even be forfeitured of a right to payment in a current year.


Experience, problemsExperience, problems

• Legislation• General legislation that is difficult to implement;

• Education of and information for farmers:• The role of on-the-spot advisor being in direct contact

with a farmer is of crucial importance• Written material must be easily understood and

sufficiently professional• Implementation of new methods (internet)

• Control• On-the-spot controls are very demanding and of long

duration;• Demanding training of controllers; • Difficult cooperation with bodies outside the agricultural

sector (police);

cross compliance - slovenian experience

Documents

list of statutory requirements

slovenian agriculturein

eu regulation requirements

environmental conditions

national decree

lfa claims

agricultural markets

commission regulation