Explanatory note

Cross Compliance formerly linked payments to farmers under the Common Agricultural Policy to compliance with a range of laws and standards known as Good Agricultural and Environmental Conditions and Statutory Management Requirements (SMR). The new Farm Sustainability Standards replace these former cross compliance controls in relation to all breaches of the new underpinning requirements which have occurred from 1^st January 2026.

Regulation 3 amends Regulation (EU) No1306/2013 to make provision for the commencement of Farm Sustainability Standards from 1^st January 2026.

Regulation 4 amends regulation (EU) No 640/2014 to make provision for the commencement of Farm Sustainability Standards from 1^st January 2026.

Regulation 5 amends Regulation (EU) No809/2014 to make provision for the commencement of Farm Sustainability Standards from 1^st January 2026.

The Schedules to this regulation set out the standards which will apply in Northern Ireland from 1^st January 2026 with Regulation 6 setting out further underpinning requirements in relation to environmental standards.

Regulations 7 to 10 define an authorised person and provide enforcement powers for authorised persons. These powers are in addition to any existing power of entry and are for the purposes of providing a control report, establishing a breach of Farm Sustainability Standards or ascertaining whether an offence under these regulation shas been or is being committed.

Regulation 11 provides for the application of the cross compliance penalty regime in respect of any non-compliance occurring before these Regulations come into operation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.