Some farming and land management activities are regulated by Defra using approximately 150 pieces of legislation. These are intended to safeguard the environment and protect the health of animals, plants and people. They are comprised of primary and secondary legislation which applies to agricultural activity and collectively constitutes what is known as the ‘regulatory baseline for agriculture’.
As this is a complex legislative picture which is not easy to navigate, Defra intend to improve and evolve this baseline as part of their agricultural transition outside of the EU.
The regulatory baseline & cross compliance
Currently, farmers who receive Common Agricultural Payment (through the Basic Payment Scheme or agri-environment schemes) must meet minimum standards (collectively known as cross compliance), to receive these payments.
When payments are delinked in 2024, Defra will stop using cross compliance as the main way to inspect farms, however the rules that form the regulatory baseline will continue to apply.
Most of the EU cross compliance rules and standards are already part of UK domestic law (the regulatory baseline) and will continue to apply to farmers after delinking in 2024. Farmers will therefore still be required to comply with the rules.
While most EU cross compliance rules are replicated in the regulatory baseline, there are however some gaps in protections. Where there are gaps, Defra will be taking an evidence-led approach to determine the most effective ways of achieving their environmental goals.
The future regulatory baseline
Defra recognise that the current regulatory baseline, spread across 150 pieces of legislation, isn’t easy to understand or navigate so, as they make improvements, they will:
- prioritise addressing areas which are of greatest importance to meeting their commitments on the environment and animal health and welfare, in tandem with the development of their future farming incentive schemes that reward environmental land management approaches
- use evidence to underpin their approach and explain why compliance is necessary
- simplify regulation to remove duplication and overly burdensome processes
- be proportionate so that regulation is fair and relevant to the diverse range of farms and environments across England
- support and enable compliance with clear, user-friendly guidance
Defra will continue to work with farmers, land managers and stakeholders, so they can tell them what needs to change in the regulatory baseline and why.
Find out more at https://defrafarming.blog.gov.uk/2022/03/02/understanding-and-improving-farming-regulation/
