No

EC directive/regul.

UK/Scottish legislation

Cross Compliance requirement to be met by farmers

1

Environment Directive 79/409/EEC on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1). Articles 3, 4 (1, 2, 4),

5, 7 and 8.

Wildlife and Countryside Act 1981 as amended by the Nature Conservation ( Scotland ) 2004 Act

In relation to Special Protection Area (SPA) under the Birds Directive, you must comply with the 1994 Habitats Regulations including:

a) Notify Scottish Natural Heritage (SNH) of proposals to carry out any operation likely to damage the protected interest of the SPA. You must also obtain SNH’s written consent before commencing these operations, unless they are specifically permitted by the terms of a management agreement. Consent is not required where planning permission has already been obtained or in an emergency. In an emergency situation you must notify SNH as soon as possible after the event.

b) Where a Special Nature Conservation Order (or Nature Conservation Order under the Wildlife and Countryside Act 1981 as amended by the Nature Conservation ( Scotland ) 2004 Act) applies, notify SNH of proposals to carry out any specified operation, and obtain consent before commencing that operation, unless covered by the terms of a management agreement.

c) Comply with any other management order or restoration order that is relevant to the purpose of the SPA.

d) Comply with the terms of any management agreement entered into with SNH that relates to the purpose of the SPA.

e) Comply with the terms of any agri-environment agreement that relates to the purpose of the SPA. You must also comply with the terms of any restoration order.

You must not:

Intentionally or recklessly damage any natural feature specified in a SSSI notification, which is relevant to the purpose of the SPA.

On any land, you must not:

a) Intentionally or recklessly kill, injure or take any wild bird; take, damage, destroy or otherwise interfere with any nest habitually used by any wild bird included in Schedule A1 of the Nature Conservation (Scotland) Act 2004, obstruct or prevent any wild bird from using its nest, take or prevent any wild bird from using its nest, possessing any live or dead wild birds or anything derived from such a bird, take or keep any egg of a wild bird; or the intentional or reckless disturbance of certain birds (listed in schedule 1 to the Wildlife and Countryside Act 1981) while they are nesting (including disturbance of dependant young).

b) Kill or take certain huntable birds during the close season for that bird species. The sale or purchase of game birds after 10 days from the end of the open season for the bird in question is also prohibited.

c) Use the prohibited means of killing or taking wild birds as set out in section 5 of the Wildlife and Countryside Act 1981 as amended by the Nature Conservation ( Scotland ) Act 2004.

No

EC directive/regul.

UK/Scottish legislation

Relevant codes of good practice

Cross Compliance requirement to be met by farmers

2

Directive 80/68/EEC on the protection of groundwater against pollution caused by

certain dangerous substances (OJ L 20, 26.1.1980, p. 43). Articles 4 and 5.

Groundwater Regulations 1998.

The Sheep Dipping Code of Practice for

Scottish Farmers, Crofters and Contractors.

Under the Groundwater Regulations 1998 land managers require an Authorisation from SEPA before disposing of List I and List II (as listed in the Directive or as determined by SEPA) substances to land.

This means that farmers require authorisation from SEPA for disposal of waste sheep dip and pesticide washings to land. Farmers should also ensure that groundwater is not polluted when dipping and spraying operations are being carried out.

Where List I and List II substances are otherwise used, manufactured, stored or handled farmers will be expected to comply with relevant legislation, codes of practice or other relevant good practice.

Where it is necessary for the protection of groundwater, SEPA will serve a Notice that requires the activity to comply with certain conditions, or, where the risks cannot be controlled, SEPA may prohibit the activity altogether. The Sheep Dipping Code of Practice may be cited in a Notice served by SEPA.

3

Directive 86/278/EEC on the protection of the

environment, and in

particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6) Article 3.

Sludge (Use in Agriculture)

Regulations 1989.

Code of Practice

for the Agricultural use of sewage sludge.

Scottish Water is the principal sludge producer in Scotland . Farmers using sludge on their land and the sludge producers are both required to comply with the Sludge (Use in Agriculture) Regulations 1989. These include the testing of sludge and soil and withdrawal periods for grazing animals or harvesting of crops. SEPA is the enforcing authority for the 1989 Regulations.

Normally, the treatment of agricultural land with sewage sludge will be supported by professional advice as to the nutrients supplied, timing and method of application etc. Guidance is provided in the PEPFAA code of good practice.

Farmers in Nitrate Vulnerable Zones (NVZ’s) will be expected to record the use of sludge in their Fertiliser and Manure Plan and to observe the relevant closed period, as necessary.

4

Directive 91/676/EEC

concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1)

Articles 4 and 5.

Nitrate Vulnerable Zones ( Scotland ) Regulation 2003.

The PEPFAA code

The PEPFAA Dos and Don’ts guide.

Farmers with land in NVZs must comply with the measures set out in the Action Programme for Nitrate vulnerable Zones ( Scotland ) regulations 2003 (SSI/2003/51 as amended by SSI/2003/169).

The requirements are set out in the “Guidelines for Farmers in Nitrate Vulnerable Zones” (2003) which has been sent to all farmers in NVZ’s.

The PEPFAA code with its Dos and Don’ts Guide includes advice designed to prevent the run-off or leaching of nitrates and other nutrients to watercourse or ground water. It identifies which measures of good practice are mandatory or are required under Cross Compliance.

No

EC directive/regul.

UK/Scottish legislation

Cross Compliance requirement to be met by farmers

5

Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna Articles 6, 13, 15 and 22(b)

Wildlife and Countryside

Act 1981 as amended by

the Nature Conservation

( Scotland ) 2004 Act

K/In relation to Special Area of Conservation (SAC) under the Habitats Directive, you must comply with the 1994 KHabitats Regulations including:

a) Notify SNH of proposals to carry out any operation likely to damage the protected interest of the SAC. You must also obtain SNH’s written consent before commencing these operations, unless they are specifically permitted by the terms of a management agreement. Consent is not required where planning permission has already been obtained or in an emergency. However in an emergency situation you must notify SNH as soon as possible after the event.

b) Where a Special Nature Conservation Order (or Nature Conservation Order under the Wildlife and Countryside Act 1981 as amended by the Nature Conservation ( Scotland ) Act 2004) applies, notify SNH of proposals to carry out any specified operation, and obtain consent before commencing that operation, unless it is specifically permitted by the terms of a management agreement. You must also comply with the terms of any restoration order.

c) Comply with any other management order or restoration order that is relevant to the purpose of the SAC.

d) Comply with the terms of any management agreement entered into with SNH that relates to the purpose of the SAC

e) Comply with the terms of any agri-environment agreement that relates to the purpose of the SAC.

You must not:

a) Intentionally or recklessly destroy or damage the protected features of an SSSI that are also relevant to the purpose of the SAC, or disturb any protected animals so as to commit an offence under part 1 of the Wildlife and Countryside Act 1981 as amended by the Nature Conservation ( Scotland ) Act 2004.

b) Pick, collect, cut, uproot or destroy a wild plant of a European protected species or keep, transport, sell or exchange, or offer for sale or exchange, any live or dead wild plant of a European protected species (including any part of or anything derived from such a plant).

c) Take or kill European Protected Species.

d) Release or allow to escape into the wild any non-native wild animal as defined, or plant or cause to grow in the wild any non-native plant.

No

EC directive/regul.

UK/Scottish legislation

Relevant codes of good practice

Cross Compliance requirement to be met by farmers

6

Council directive 92/102/EEC on identification and registration of

animals. Articles 3, 4 and 5. Note: Part of this regulation has been replaced by Council

Regulation (EC) No 21/2004 on sheep and goat ID due to come into force from 9 July 2005 .

• The Sheep and Goats Movement

(Interim Measures) ( Scotland )

Order 2002 (SI 2002/38) as

amended

• The Sheep and Goats Identification( Scotland ) Regulations 2000 (SI 2000/418) as amended

• The Cattle Database Regulations

1998 (SI 1998/1796) as amended

• The Cattle Identification

Regulations 1998 (SI 1998/871) as amended

• The Pigs Record , Identification

and Movement Order 1995 (SI

1995/11) as amended

• The Bovine Animals

(Identification, Marking and

Breeding Records) (Amendment)

Order 1993 (SI 1993/503)

Cattle

The British Cattle Movement Service (BCMS) operate the Cattle Tracing System (CTS) on behalf of SEERAD. Requirements on the identification and traceability of cattle are set out in the BCMS guidance leaflets issued to all keepers.

You can also find information on the BCMS web page or you can call the BCMS helpline on 0845 050 1234.

Sheep and Goats

Guidance on the requirements you must meet for sheep and goat identification and traceability are contained in the ‘Dear Keeper’ letters of 29 July 2004 and 14 July 2003 .

The letters are available on the SEERAD website - or you can call the Scottish Animal Movement Unit (SAMU) on 0131 244 4202.

Pigs

Guidance concerning the identification and traceability of pigs can be found in the 1995 pig keeper guidance and subsequent ‘Dear Keeper’ letters including the letter dated 10 December 2002.

You can also contact the Scottish Animal Movement Unit (SAMU) on 0131 244 4202 for further information.

Full compliance with domestic legislation.

This includes where appropriate, keeper registration, the

registration of animals, ear tag identification, record keeping and the recording of animal movements.

Details can be obtained from your local SEERAD office or in the case of cattle BCMS who should be contacted if you are in any doubt as to the specific requirements.

7

Commission Regulation (EC) No 2629/97 (repealed by 911/2004)

laying down detailed rules for the implementation of Council Regulation 820/97 (repealed by

1760/2000) as regards eartags, holding registers and passports in

the framework of the system for the identification and registration of bovine animals. Articles 6 and 8.

• The Cattle database Regulations

1998 (SI 1998/1796) as amended

• The Cattle Identification

Regulations 1998 (SI 1998/871) as

amended

8

Regulation 1760/2000 of the European Parliament and of the council establishing a system for

the identification and registration of bovine animals and regarding

the labelling of beef and beef products. Article 4 and 7.

• The cattle (Identification of Older

Animals) ( Scotland ) Regulations

2000 (SI 2001/1) as amended

• The cattle Database Regulations

1998 (SI 1998/2969) as amended

• The cattle Database Regulations

1998 (SI 1998/2969) as amended

• The Cattle Identification Regulation 1998 (SI 1998/871) as amended

No

EC directive/regul.

Cross Compliance requirement to be met by farmers

9

Council Directive 91/414/EEC of 15

July 1991concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1)

Article 3

1. That the farmer has not retained products that are no longer approved for use.

2. That the farmer is carrying out spray operations on approved crops only, following the Green Code using the pesticide at the correct dosage levels and leaving sufficient ‘buffer zones’ so that the spray does not enter watercourses. Plant Protection Products ( Scotland ) Regulations 2003 (SSI 2003/579) refers.

10

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostaic action and of beta-agonists

(OJ L 125, 23.5.1996, p. 3) Articles 3, 4, 5 and 7.

No illegal use of substances having a hormonal, thyrostatic action, or the use of beta agonists. Where confirmed residues of banned substances are found following Meat Hygiene Service (MHS) inspection the State Veterinary Service (SVS) will carry out an on-farm investigation, including taking extra samples.

11

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1) Articles 14,15,17(1),18,19 and 20

1. Ensure that the food and feed safety requirements, specified in Articles 14 and 15 of Regulation 178/2002, are met.

2. Ensure that all stages of production, processing and distribution within the businesses under their control, satisfy the food and feed safety requirements of food law which are relevant to those activities, and verify that such requirements are met (Article 17).

3. Maintain traceability systems (Article 18).

4. Withdraw and/or recall food or feed from the market if this is not in compliance with food or feed safety requirements, and notify competent authorities (Articles 19/20).

No

EC directive/regul.

Cross Compliance requirement to be met by farmers

12

Regulation (EC) 999/2001 of the European Parliament and of the Council of 28 January 2002 laying down rules for the prevention, control and eradication transmissible Spongiform encephalopathies. (OJ L 147, 31.5.2001 p. 1) Articles 7, 11, 12, 13 and 15.

Article 7: The farmer must not feed to ruminants protein derived from mammals or feed any products of animal origin to farmed animals, in accordance with Annex IV. Further, the farmer must not export or store feed intended for farmed animals which contains protein derived from mammals or feed intended for mammals, except for the feeding to dogs and cats.

Article 11: The farmer must immediately notify the Divisional Veterinary Manager (DVM) of any animal suspected of being infected by a Transmissible Spongiform Encephalopathie (TSE).

Articles 12, 13: Once notification of a TSE suspect is made, the farmer must fully comply with movement restrictions or any other notices served on that animal or animals by an inspector under these articles.

Article 15: This Article moves away from the individual farmer by largely focusing toward the trade aspects of the industry. However, should the farmer have in his possession a TSE suspect animal(s) which is already covered in Articles 12 and 13, he must remain in full compliance of any movement restrictions.

13

Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (OJ L 315, 26.11.1985, p. 11) Article 3.

As implemented in the UK by the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950), as amended; requires any person who has in his possession or under his charge an affected or suspected animal or carcass to notify the fact to the authorities.

14

Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (OJ L 62, 15.3.1993, p. 69) Article 3.

The notification provisions of this Directive are implemented in the UK via the Specified Diseases (Notification) Order 1996, as amended, which requires a person who has in his possession or under his charge an animal or carcass which he knows or reasonably suspects is infected to notify the authorities. There is a similar requirement in respect of swine vesicular disease in the Swine Vesicular Disease Order 1972.

15

Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (OJ L 327, 22.12.2000, p. 74) Article 3.

As implemented by the Bluetongue ( Scotland ) Order 2003, requires any person who knows or suspects that an animal or carcass in his possession or under his charge is diseased to notify the authorities.

No

EC directive/regul.

Cross Compliance requirement to be met by farmers

16

Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11.12.1991, p. 28). Articles 3 and 4

The Welfare of Farmed Animals ( Scotland ) Regulations 2000, as amended. The Code of Recommendations for the Welfare of Cattle contains a section on calf rearing. Failure to comply with the Regulations and Code may lead to loss of support.

17

Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (OJ L 340, 11.12.1991, p. 33) Article 3 and 4 (1)

The Welfare of Farmed Animals ( Scotland ) Regulations 2000, as amended. The Code of Recommendations for the Welfare of Pigs. Failure to comply with the Regulations and Code may lead to loss of support.

18

Regulation (EC) No 178/2002 of the Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (OJ L 221, 8.8.1998, p. 23) Article 4

The Welfare of Farmed Animals ( Scotland ) Regulations 2000, as amended. Failure to comply with the Regulations and Code may lead to loss of support.