The Northern Ireland Environment Agency (formerly EHS) are currently carrying out inspections for the environmental aspects of cross-compliance including the Nitrates and Phosphorus Regulations.
It is important that farmers and landlords have the necessary paperwork ready if selected for inspection. Most of the records required are already available on farm and details of these can be found in the Nitrates Guidance Booklet sent out to all f
armers last year.
The NI Environment Agency will be looking at 2007 records and will give a weeks notice of an inspection so there will be time to get everything in order. Around 400 SFP claimants will be selected for inspection.
It is important that farmers establish who is the "controller" of land. The "controller" is responsible for complying with the nitrates and phosphorus rules. Farmers and landlords must have the necessary documentation showing land control available for inspection.
The Ulster Farmers' Union are concerned that many farmers in Northern Ireland may be unaware that the land they take in conacre may not be under their control for compliance with the Nitrates and Phosphorus Regulations and therefore cannot be used for the calculation of the various limits.
Who is the controller?
The owner of land is assumed to be the controller and responsible for the land from 1 January to 31 December unless evidence can be provided to the contrary. This evidence can either be if the tenant is claiming Single Farm Payment (SFP) on the land for that period or if there is a written agreement between owner and tenant establishing control of land.
This agreement should clearly identify the two parties, and the exact location and area of land and the calendar year(s) to which it applies and should transfer the responsibility for compliance of the Nitrates and Phosphorus Regulations 2006 only. It does not affect other SFP obligations. The UFU have example written agreements available for Union members which can be collected from UFU Group Officers.
There can be only one controller in the year. If land is farmed by farmers other than the controller it still remains the responsibility of the controller to ensure compliance. For example if the controller allows another farmer to grow winter cereals on the land, the controller must ensure that the growing of the winter cereals complies with the Regulations. On common ground there is a collective responsibility for all graziers to comply.
If you are a UFU member and receive notification of an inspection then you can ring Union Headquarters for telephone advice on how to prepare for an inspection.
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