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Farm Advisory Services Regulations, 2019

27 Articles / Provisions · Malta
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Table of Provisions (27)

Statutory Text (27 Articles)

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

L.N. 99 of 2019

SUPPLIES AND SERVICES ACT

(CAP. 117)

Farm Advisory Services Regulations, 2019

IN EXERCISE of the powers conferred by article 3 of the Supplies

and Services Act, the Minister responsible for the Economy, Investment

and Small Businesses, in conjunction with the Minister for the

Environment, Sustainable Development and Climate Change and the

Parliamentary Secretary for Agriculture, Fisheries and Animal Rights,

has made the following regulations:-

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) The title of these regulations is the Farm Advisory Title.

Services Regulations, 2019.

(2) These regulations regulate the setting up of the farm advisory

services system and the recognition and registration of farm advisory

service providers and any ancillary matters in accordance with

Regulation (EU) No 1306/2013 of the European Parliament and of the

Council on the financing, management and monitoring of the common

agricultural policy and repealing Council Regulations (EEC) No 352/78,

(EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/

2005 and (EC) No 485/2008.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

In these regulations, unless the context otherwise requires -

Interpretation

"the Act" means the Supplies and Services Act;

"beneficiary" means any natural or legal person, whether

public or private, receiving, or entitled to receive farm advisory

services;

"the Board" means the Farm Advisory Registration Board set

by regulation 4;

"certificate" means the certificate of recognition issued in

accordance with regulation 17;

"Chairperson" means the person appointed in accordance

with regulation 4 and having the responsibility to ensure that the

Board is functioning in accordance to law;

"competent authority" means the Agriculture and Rural

Payments Agency within the Ministry responsible for agriculture

and rural affairs;

"expert advisor" means the qualified individual who shall be

providing the farm advisory services under these regulations;

"farm advisory system" means the regulatory framework

regulating farm advisory services;

"farm advisory service providers" means any natural or legal

person, whether public or private, providing farm advisory service

under the provisions of these regulations;

"main issue" means the issues listed in the second column of

Annex II of Regulation (EU) 1306/2013;

"person" means any natural or legal person, including

companies, associations, co-operatives, trade unions, partnerships,

or any other recognised legal form, whether public or private;

"Registrar" means the person appointed in accordance with

regulation 5 and having the responsibility to keep and maintain the

Register in accordance with regulation 6;

"the Regulation" means Regulation (EU) No 1306/2013 of

the European Parliament and of the Council of 17 December 2013

on the financing, management and monitoring of the common

agricultural policy and repealing Council Regulations (EEC) No

352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000,

(EC) No 1290/2005 and (EC) No 485/2008;

"status report" means the annual report to be drawn up and

submitted by the farm advisory service provider in accordance

with the provisions of these regulation and in accordance with any

templates provided by the Board.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

There shall be a competent authority and this competent

authority shall be the Agriculture and Rural Payments Agency within

the Ministry responsible for agriculture and rural affairs.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) There shall be a Board which shall be known as the

Farm Advisory Service Registration Board. The members of the Board

shall be appointed by the Permanent Secretary of the Ministry

responsible for agriculture and rural affairs. The Board shall be

composed of five (5) members being representatives from the Ministry

responsible for agriculture and rural affairs, one of whom shall be

appointed as Chairperson.

(2) The secretary to the Board shall be a representative from the

competent authority who shall also act as Registrar and shall be

responsible for the register of the recognised farm advisory service

providers.

(3) The Board shall assess applications for registration and shall

decide in accordance with these regulations.

(4) The Board shall instruct the Registrar to issue certificates of

recognition to applicants who meet the requirements in accordance with

regulation 17.

(5) The Board shall instruct the Registrar to inform the

applicants who do not meet the requirements for recognition that their

application has been refused by means of a notification.

(6) Where the Board decides that an applicant shall not be issued

with a certificate of recognition, the Board shall together with the

notification, provide a reasoned justification for its decision.

(7) The Board shall notify its decision to accept or refuse an

application to the Registrar, within four (4) months from the date of

receipt of the complete application form

Provided that in the event that the Board requests further

information, documentation or clarification, the four (4) months shall

commence on the day when the last information, documentation or

clarification are submitted by the applicant.

(8)

The Board shall regulate its own procedure.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

The Registrar shall be responsible for issuing the certificate The Registrar.

of registration for keeping and maintaining the register and shall note all

registrations, suspensions, cancellations, de-listings and reinstatements

in the register.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1)

The Registrar shall keep the register with the following The register.

information

(a) the full name of the recognized farm advisory service

provider;

(b)

a unique consecutive reference number;

(c)

the date of registration;

(d) the name and surname of the representative of the farm

advisory service provider;

(e) the contact information of the representative of the

farm advisory service provider; and

(f)

any other information as may be required by the Board.

(2) The list of registered entities shall be made public and will be

updated regularly with any changes in the information. The Registrar

shall render the register public by publication in the Gazette and through

other media, as instructed by the Board. The Registrar shall provide

access to information relating to the register according to law.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

Legal or natural persons who satisfy the eligibility criteria set

out in regulation 8 and who have been duly recognized, shall be

registered as a farm advisory service providers and shall have, for the

whole duration of the recognition, a right to provide farm advisory

services in accordance with these regulations.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) A farm advisory service provider shall not be granted

recognition in accordance with these regulations unless the Board is

satisfied that farm advisory service provider meets the criteria for

recognition established hereunder

(a) evidence of conformity with all applicable legislation

provisions;

(b) evidence of technical and professional competence to

provide advisory services in at least one advisory area or sub-area

as set out in Schedule I, to the satisfaction of the Board;

(c) evidence of human resource, administrative and

organisational capacity to the satisfaction of the Board;

(d) presentation of the advisory service’s business plan for

the approval of the competent authority;

(e) evidence of commitment in accordance with regulation

14(2)(j); and

(f) where authorisation or license is required for the

provision of technical services, evidence of due authorisation or

license from the relevant competent authority for the provision of

such technical services shall also be required.

(2) A farm advisory service provider shall not provide farm

advisory services unless recognized by the Board in accordance with

these regulations.

(3) Applicants who disagree with the decision of the registration

process shall within fifteen days (15) from when the decision is issued

have the right to appeal before the Administrative Review Tribunal

established by article 5(1) of the Administrative Justice Act.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) Recognized farm advisory service providers shall Farm advisory

provide advisory service to farmers or operators in the agricultural services.

sector in the areas set out in Schedule I. The advisory service shall

include advice to beneficiaries of European Agricultural Guarantee

Fund (EAGF) and European Agricultural Fund for Rural Development

(EAFRD) funds on land management and farm management in the rural

sector for the purposes of improving the overall performance of their

agricultural holdings and in particular on the areas referred to in

Schedule I .

(2) Advisory services on the areas referred to in Article 12(3) of

Regulation (EU) No 1306/2013 of the European Parliament and of the

Council of 17 December 2013 on the financing, management and

monitoring of the common agricultural policy and repealing Council

Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC)

No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 may also be

provided.

(3) The competent authority may communicate to the recognised

farm advisory service provider the categories of beneficiaries who

should be given priority access to the farm advisory service provider in

accordance with the applicable regulations.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) The recognized farm advisory service providers shall Training of

ensure that their advisors are trained regularly. Such training shall advisors.

include

(a) the obligations arising from law in the relevant

advisory area or sub-area for which such advisors are recognised

and any changes thereto;

(b) the information to be collected and provided in line

with standards to be set by the competent authority;

(c) the manner of conducting on-site inspections in line

with standards to be set by the competent authority;

(d) annual training on best practices in the relevant

advisory area or sub-area for which such advisors are recognised.

(2) The Board may require evidence that such training is

provided effectively.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

Applications for the provision of advisory services related to

rules on cross compliance, shall not be accepted unless all standards and

requirements under the main issue(s) upon which to provide the service

are provided comprehensively. The decision shall be based on rules on

cross compliance pursuant to Article 93 of the Regulation and any

subsequent amendments

Provided that the Board must be satisfied that the

beneficiaries shall receive sufficient comprehensive advice covering the

specific main issues.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

An expert advisor shall not provide advisory services under

more than one farm advisory service provider during any given period of

time.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

A farm advisory service provider may, at its discretion, use

the services and expertise of third party expert advisors. In any event

where the farm advisory service provider makes use of third party expert

advisors, the farm advisory service provider shall, for the purpose of this

engagement, enter into a written contract of service with such expert

advisors and shall send a copy of this contract to the Board, together

with the application form, for its approval, in accordance with these

regulations

Provided that expert advisors engaged under a contract of

service shall, for the duration of the recognition and with regard to the

beneficiaries and the Board, have the same status, rights and obligations

as expert advisors engaged with the farm advisory service provider

under a contract of employment.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) Farm advisory service providers shall be eligible for

consideration for the purposes of recognition by the Board, following

their declaration of interest made by means of an application in the

format established by the competent authority.

(2) The application for the recognition of farm advisory services

shall include all details as required by the Board. The competent

authority shall draw up and publish guidelines setting out in detail the

form and content of such applications, including documents and other

evidence required to demonstrate competency and eligibility as set out

hereinafter. Such details shall include

(a)

the particulars of the applicant;

(b)

the particulars of the expert advisor or advisors;

(c) a clean police conduct certificate for all individuals

referred to in paragraphs (a) and (b) issued in the previous six (6)

months, or whenever requested during the duration of the

recognition;

(d) advisory area(s) and sub-areas for which the applicant

is seeking recognition;

(e)

a detailed organizational chart;

(f) detailed Curriculum Vitae of advisors acting for the

farm advisory service provider together with any additional proof

of competency to perform the advisory services in the relevant

advisory area or sub-area;

(g) evidence of special recognition for areas listed in

Schedule I;

(h)

a training plan;

(i) a copy of contract of service for third party expert

advisors, if applicable;

(j)

declaration of commitment;

(k)

declaration of absence of conflict of interest;

(l) proof of payment for the administrative fee as set out

in Schedule II;

(m) any other information as may be requested by the

Board.

(3) A farm advisory service provider shall not be registered

more than once during any given period of time

Provided that in any case where the recognition of a farm

advisory service provider has been cancelled or de-listed, the farm

advisory service provider may re-apply for recognition under these

regulations. Such re-application for recognition may not be made before

the lapse of six (6) months from the date of cancellation or de-listing as

the case may be.

(4) Upon receipt of a communication from the Registrar that the

entity may be recognised, the entity shall pay the administration fee as

established in the Schedule II. This administration fee shall not be

refundable.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) The registered farm advisory service provider shall

ensure that the persons who appear under it whether engaged under a

contract of employment or under a contract of service shall be free from

any conflict of interest that may arise from their engagement.

(2) When it appears to the Board that, notwithstanding the

declaration made pursuant to regulation 14(2)(k), the farm advisory

service provider or any person appearing on its behalf appears to have a

conflict of interest, the Board shall demand a clarification from the

registered farm advisory service provider before taking a decision.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

The Board may seek clarifications from any person on any of

the matters referred to in these regulations at any time between the

submission of the application form until the expiration of the

recognition.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) The certificate of recognition shall contain the

following information

(a)

the name of the entity or other means of identification;

(b)

the date of recognition;

(c)

the advisory area and, or sub-area;

(d)

the allocated registration number.

(2) Certificates issued to recognized farm advisory service

providers shall be valid for thirty-six (36) months from the date of

recognition.

(3) Certificates of recognition shall be renewed only following a

written request by the farm advisory service provider. A request for

renewal shall include any documentation referred to in regulation 14 in

relation to which there have been material changes.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) The Registrar shall, upon a written request by the

Board, notify the applicant of any other request for clarification,

decision or instruction including decisions to make any suspensions or

withdrawal of such recognition and clarification and any other action

deemed necessary by the Board. Notifications under this regulation

shall, whenever appropriate, be accompanied by a reasoned justification.

(2) In any event where the farm advisory service provider

intends to add another advisory area to the one already recognized, or

intends to change to another advisory area or sub-area from the one

already recognized for, a new application for recognition needs to be

submitted in accordance with these regulations.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

Recognized farm advisory service providers shall

Implementation

of the farm

advisory

(a) adhere to any standards or guidelines published by the

service.

competent authority during the term of their recognition; and

(b) bear the responsibility for the correctness, validity and

reliability of the information and services provided to the

beneficiaries by their personnel as part of their engagement and

shall provide the Board with a signed declaration to this effect

when submitting the relevant registration documentation, in

accordance with regulation 14.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

Where the recognized farm advisory service provider Liability toward

engages third party experts from outside of the farm advisory service the

beneficiaries.

provider organization under a contract of service, the farm advisory

service provider shall remain solely liable towards the beneficiaries for

the whole of its obligations under the terms of engagement.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

Status changes which materially effect the criteria upon Change in

which the recognition was given shall be reported by the farm advisory status.

service provider to the Board within ten (10) working days either from

the day when such information is requested or from the day when such

changes should have become known by the provider, whichever date is

the earlier. The farm advisory service provider shall suspend its

operators until the Board approves in writing the changes requested.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

Farm advisory service providers shall treat information Protection of

obtained during the advisory activity as confidential and any personal data.

data that such service providers may obtain shall be processed in

accordance with the of the Laws of Malta. This obligation subsists

indefinitely and applies also in the event that the farm advisory service

provider loses recognition, or is de-listed from the registry. This

obligation shall also extend to experts engaged under a contract of

service.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

The Board shall draw up an annual report concerning the Annual report.

quality and effectiveness of advice given by the farm advisory service

provider in relation to breaches referred to in the on-the-spot checks.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) Registered farm advisory service providers and expert Control, reports

advisors engaged by a registered farm advisory service provider under a and monitoring.

contract of service shall ensure reasonable access to members or persons

authorised by the Board for the purposes of carrying out inspection to

ascertain compliance with these regulations and to verify the accuracy of

any information provided or any declaration made by the registered farm

advisory service provider.

(2) The registered farm advisory service provider shall

cooperate with any lawful requests by the Board or by any other

lawfully appointed body for the provision of data and any other

information regarding the implemenation of the farm advisory service.

(3) The registered farm advisory service provider shall, by not

later than the 31st of December of each year provide the Board with a

yearly status report on the farm advisory services activities carried out,

including activities carried out by any outsourced experts, in the

preceding twelve (12) months. This report shall be signed by the legal

representative of the registered farm advisory service provider.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

(1) The Board has the right to cancel any certificate of

recognition granted to a farm advisory service provider as an entity or,

as an individual within the entity, when the holder of that certificate or

any level advisor or inspector engaged by a registered farm advisory

service provider under a contract of service is in breach of these

regulations and no longer satisfies the criteria for recognition

Provided that in any event where the Board considers the

breach to be minor or inconsequential, it may, at its sole discretion, grant

the registered farm advisory service provider time to regularise its

position before the cancellation of the registration is effected.

(2) The Board shall cancel any certificate granted under the

provisions of these regulations when the holder of that certificate

(a) is found guilty in any proceeding by a court of law of

any criminal offence under Part II of Chapter 9 of the Laws of

Malta; or

(b) has been deemed by the Board, to have consistently

failed to deliver services in line with the quality and standards

required by the competent authority;

(c) has been deemed by the Board to have knowingly

submitted misleading or false information;

(d) has failed to provide the necessary documentation or

evidence as requested by the Board within one (1) month from

the request or within any other period as determined by the

Board;

(e) has not provided services to farmers and has failed

within one (1) month of being requested in writing by the Board

to provide evidence to the contrary, to provide such evidence to

the satisfaction of the Board.

Provided that where the Board determines that (a) or (c) have

been committed by an expert advisor engaged by such Farm Advisory

Service provider, in a manner which also involves the intentional or

negligent conduct on the part of the Service provider, the Board may, at

its absolute discrection, cancel also the certificate granted to the Farm

Advisory Service provider. This is without prejudice to other legal

remedies that the Board may pursue in accordance to law.

(3) For the purposes of applying regulation 25, the Board shall

have the competence to determine the gravity of any offence, breach of

law or failure, as well as to determine the requisite standard of diligence

and quality of work required by the registered farm advisory service

provider.

(4) The Board may cancel any certificate granted under the

provisions of these regulations in any case where, in the opinion of the

Board, the farm advisory service provider is failing to provide a quality

service.

(5) The Board may only take a decision to cancel a registration

after it has notified the farm advisory service provider of any finding of

any facts that may amount to an offence, breach of law and after it has

given the farm advisory service provider adequate opportunity to make

own submissions, in accordance with the principles of natural justice.

(6) Any legal or natural person whether public or private who,

for the purposes of obtaining the certificate of recognition, gives any

wrong information or otherwise acts in a deceitful or fraudulent manner,

shall be guilty of an offence and shall, on conviction, be liable to a fine

(multa) not exceeding two thousand and three hundred and thirty euro

(€2,330). This is without prejudice to any other remedy that may be

sought under law.

Malta Government Gazette — Legal Notice 2019 99 · Gazzetta tal-Gvern ta’ Malta Nru. 20,190– 17.05.2019 — Farm Advisory Services Regulations, 2019

The Farm Advisory Services Regulations are hereby Repeal.

repealed.

Schedule I

Category of Advisory Areas

General Provisions

The farm advisory system covers

(a) obligations at farm level resulting from cross-

compliance standards and requirements;

(b) requirements to be respected in relation to the

agricultural practices beneficial for the climate and the

environment and the maintenance of the agricultural area under

Regulation (EU) No 1307/2013 of the European Parliament and of

the Council of 17 December 2013 establishing rules for direct

payments to farmers under support schemes within the framework

of the common agricultural policy and repealing Council

Regulation (EC) No 637/2008 and Council Regulation (EC) No

73/2009;

(c) measures at farm level provided for in rural

development programmes aiming at farm modernisation,

competitiveness building, sectoral integration, innovation, market

orientation and promotion of entrepreneurship;

(d) The system should also cover the requirements

imposed on beneficiaries by Member States in order to implement

specific provisions of Directive 2000/60/EC of the European

Parliament establishing a framework for the Community action in

the field of water policy and for implementing Article 55 of

Regulation (EC) No 1107/2009 of the European Parliament and of

the Council of 21 October 2009 concerning the placing of plant

protection products on the market, in particular requirements

concerning the compliance with the general principles of

integrated pest management as referred to in Article 14 of

Directive 2009/128/EC of the European Parliament and of the

Council of 21 October 2009 establishing a framework for

Community action to achieve the sustainable use of pesticides.

Advisory Area A

Advisory Area A - Cross Compliance

(a) Advice on Obligations at farm level resulting from the

statutory management requirements (SMR) and the standards for

good agricultural and environmental condition of land (GAEC).

Note (1): Advisory Area A Cross Compliance is to be

categorised in the relevant ‘sub-areas’ as presented in Annex II of

the Regulation.

Important note: For each subarea the farm advisory services

application must indicate wherever necessary approval of any

technical advisors has been obtained from the relevant competent

authorities under the relevant statutory management requirements

(SMRs) and standards for good agricultural and evironmental

condition (GAEC).

Advisory Area B - Agri-Environment

Climate Measures (AECMs)

(a) Advice on agricultural practices beneficial for the

climate and the environment as laid down in Chapter 3 of Title III

of Regulation (EU) No 1307/2013 concerning ‘Payment for

agricultural practices beneficial for the climate and the

environment’.

Advisory Area C - Rural Development Programmes

(a) Advisory Area C is relevant for Measures at farm level

provided for in rural development programmes for farm

modernisation, competitiveness building, sectoral integration,

innovation and market orientation, as well as for the promotion of

entrepreneurship.

Advisory Area D - Advisory Measures on Directive 2000/60/EC of

the European Parliament and of the Council establishing a

framework for the Community action in the field of water policy

Providers of farm advisory services must refer at Farm level the basic

measures for the minimum requirements to be complied with at EU

and national level and shall consist of

(a) measures required to implement Community

legislation for the protection of water, including measures required

under the legislation specified in Article 10 of the Directive and in

part A of Annex VI of the Directive;

(b) measures deemed appropriate for the purposes of

Article 9 of the Directive;

(c) measures to promote an efficient and sustainable water

use in order to avoid compromising the achievement of the

objectives specified in Article 4 of the Directive;

(d) measures to meet the requirements of Article 7 of the

Directive, including measures to safeguard water quality in order

to reduce the level of purification treatment required for the

production of drinking water;

(e) controls over the abstraction of fresh surface water and

groundwater, and impoundment of fresh surface water, including a

register or registers of water abstractions and a requirement of

prior authorisation for abstraction and impoundment. These

controls shall be periodically reviewed and, where necessary,

updated. Member States can exempt from these controls,

abstractions or impoundments which have no significant impact

on water status;

(f) controls, including a requirement for prior

authorisation of artificial recharge or augmentation of

groundwater bodies. The water used may be derived from any

surface water or groundwater, provided that the use of the source

does not compromise the achievement of the environmental

objectives established for the source or the recharged or

augmented body of groundwater. These controls shall be

periodically reviewed and, where necessary, updated;

(g) for point source discharges liable to cause pollution, a

requirement for prior regulation, such as a prohibition on the entry

of pollutants into water, or for prior authorisation, or registration

based on general binding rules, laying down emission controls for

the pollutants concerned, including controls in accordance with

Articles 10 and 16 of the Directive. These controls shall be

periodically reviewed and, where necessary, updated;

(h) for diffuse sources liable to cause pollution, measures

to prevent or control the input of pollutants. Controls may take the

form of a requirement for prior regulation, such as a prohibition on

the entry of pollutants into water, prior authorisation or

registration based on general binding rules where such a

requirement is not otherwise provided for under Community

legislation. These controls shall be periodically reviewed and,

where necessary, updated;

(i) for any other significant adverse impacts on the status

of water identified under Article 5 and Annex II, in particular

measures to ensure that the hydromorphological conditions of the

bodies of water are consistent with the achievement of the required

ecological status or good ecological potential for bodies of water

designated as artificial or heavily modified. Controls for this

purpose may take the form of a requirement for prior authorisation

or registration based on general binding rules where such a

requirement is not otherwise provided for under Community

legislation. Such controls shall be periodically reviewed and,

where necessary, updated;

(j) a prohibition of direct discharges of pollutants into

groundwater subject to the following provisions

Member States may authorise re-injection into the same aquifer of

water used for geothermal purposes. They may also authorise,

specifying the conditions for

-

injection of water containing substances

resulting from the operations for exploration and extraction

of hydrocarbons or mining activities, and injection of water

for technical reasons, into geological formations from which

hydrocarbons or other substances have been extracted or into

geological formations which for natural reasons are

permanently unsuitable for other purposes. Such injections

shall not contain substances other than those resulting from

the above operations,

-

re-injection of pumped groundwater from mines

and quarries or associated with the construction or

maintenance of civil engineering works,

-

injection of natural gas or liquefied petroleum

gas (LPG) for storage purposes into geological formations

which for natural reasons are permanently unsuitable for

other purposes,

-

injection of natural gas or liquefied petroleum

gas (LPG) for storage purposes into other geological

formations where there is an overriding need for security of

gas supply, and where the injection is such as to prevent any

present or future danger of deterioration in the quality of any

receiving groundwater,

-

construction, civil engineering and building

works and similar activities on, or in the ground which come

into contact with groundwater. For these purposes, Member

States may determine that such activities are to be treated as

having been authorised provided that they are conducted in

accordance with general binding rules developed by the

Member State in respect of such activities,

-

discharges of small quantities of substances for

scientific purposes for characterisation, protection or re-

mediation of water bodies limited to the amount strictly

necessary for the purposes concerned

Provided such discharges do not compromise the

achievement of the environmental objectives established for

that body of groundwater;

(k) in accordance with action taken pursuant to Article 16

of the Directive, measures to eliminate pollution of surface waters

by those substances specified in the list of priority substances

agreed pursuant to Article 16(2) of the Directive and to

progressively reduce pollution by other substances which would

otherwise prevent Member States from achieving the objectives

for the bodies of surface waters as set out in Article 4 of the

Directive;

(l) any measures required to prevent significant losses of

pollutants from technical installations, and to prevent and or to

reduce the impact of accidental pollution incidents for example as

a result of floods, including through systems to detect or give

warning of such events including, in the case of accidents which

could not reasonably have been foreseen, all appropriate measures

to reduce the risk to aquatic ecosystems.

Advisory Area E - Use of Plant Protection Products

Under this area, advisory service should concern farm level

requirements at the level of beneficiaries as defined by Member

States for implementing Article 55 of Regulation (EC) No 1107/

2009, in particular the requirements referred to in Article 14 of

Directive 2009/128/EC.

These provisions incorporate the need for Plant protection products

that must be used properly, whereby proper use shall include the

application of the principles of good plant protection practice and

compliance with the conditions established in accordance with

Article 31 of Regulation (EC) No 1107/2009 and specified on the

labelling. It shall also comply with the provisions of Directive 2009/

128/EC and, in particular, with general principles of integrated pest

management, as referred to in Article 14 of and Annex III to that

Directive.

Advisory Area F - Measures for use of Integrated Pest

Management

In line with Article 14 of Directive 2009/128/EC reference is to be

made to the relevant competent authority so that farm advisory

services will be in line with the established measures to promote low

pesticide-input pest management, giving wherever possible priority

to non-chemical methods, so that professional users of pesticides

switch to practices and products with the lowest risk to human health

and the environment among those available for the same pest

problem. Low pesticide-input pest management includes integrated

pest management as well as organic farming according to Council

Regulation (EC) No 834/2007 of 28 June 2007 on organic production

and labelling of organic products.

Schedule II

Fees

Schedule of Fees for Registration for Farm Advisory Services

The following fees shall apply for registration of Farm Advisory

entities

€

Admin Fee (Application)

B

€1.62

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