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The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2021

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations simplify and improve retained EU law relating to the operation of Common Agricultural Policy (CAP) direct payment schemes in Scotland from 2021 onwards.

Regulation 2 removes wording from Article 14 of Regulation (EU) 1307/2013 (the “Direct Payments Regulation”) to ensure consistency with other amendments made to the Direct Payments Regulation by the Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020.

Regulation 3 amends Article 31 of Regulation (EU) 640/2014 to simplify and improve the operation of the penalties that are applied under Scotland’s Voluntary Coupled Support Schemes (the Scottish Upland Sheep Support Scheme and the Scottish Suckler Beef Support Scheme (Mainland and Islands)) for over declaration of eligible animals. The existing tiered penalty regime, which contains five levels, is replaced by a single level where all penalties are calculated on the basis of a straight reduction to the payment due by the percentage error rate. The percentage error rate is calculated based on the number of ineligible animals compared to eligible animals claimed by an applicant.

No business or regulatory impact assessment has been prepared in relation to these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

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