2021 No. 72

Agriculture

The Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2021

Approved by the Scottish Parliament

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by Article 75(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 policy1, and all other powers enabling them to do so.

The Scottish Ministers consider that these Regulations are both necessary and justifiable in order to resolve specific problems in relation to the application of Article 75 of Regulation (EU) No. 1306/2013 during the ongoing coronavirus pandemic. These regulations allow for derogation from paragraph 2 of that Article only to the extent, and for such a period, as is strictly necessary.

Citation, commencement and extent1

1

These Regulations may be cited as the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2021 and come into force on 31 March 2021.

2

These Regulations extend to Scotland.

Derogation from requirements in Regulation (EU) No. 1306/20132

1

Regulation (EU) No. 1306/20132 is amended as follows.

2

In Article 75(2)3 (payment to beneficiaries), at the end insert—

By way of derogation from the first sub-paragraph, in respect of claim year 2020, the paying agency may make payments to beneficiaries granted pursuant to Chapter 1 of Title 4 of Regulation (EU) No. 1307/20134 (voluntary coupled support) after the administrative checks referred to in Article 74 have been finalised.

By way of derogation from the first sub-paragraph, in respect of claim year 2021, the paying agency may make payments to beneficiaries—

a

granted pursuant to Chapter 1 of Title 3 of Regulation (EU) No. 1307/2013 (basic payment scheme),

b

granted pursuant to Chapter 3 of Title 3 of Regulation (EU) No. 1307/2013 (payment for agricultural practices beneficial for the climate and environment),

c

granted pursuant to Chapter 5 of Title 3 of Regulation (EU) No. 1307/2013 (payment for young farmers),

d

granted pursuant to Article 31 of Regulation (EU) No. 1305/20135 (payments to areas facing natural or other specific constraints),

after the administrative checks referred to in Article 74 have been finalised.

BEN MACPHERSONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Article 75 of Regulation (EU) No. 1306/2013 (“the Horizontal Regulation”). Article 75(2) requires that before the Scottish Ministers can make payments to beneficiaries of rural support schemes, all eligibility conditions must have been verified. Eligibility conditions are verified by carrying out administrative checks and on-the-spot checks. The amendment to Article 75 permits the Scottish Ministers to make payments under specified schemes following the completion of administrative checks.

Due to the ongoing coronavirus pandemic, the physical inspections programme has been delayed. The amendment made by regulation 2 is considered necessary to ensure that any delays in physical inspections do not result in payments under the following schemes also being delayed: voluntary coupled support in the 2020 claim year, basic payments in the 2021 claim year, payments for agricultural practices beneficial for the climate and environment in the 2021 claim year, payments for young farmers in the 2021 claim year and payments to areas facing natural or other specific constraints in the 2021 claim year.

A Business and Regulatory Impact Assessment has been prepared. Copies may be obtained online at www.legislation.gov.uk.