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Scottish Statutory Instruments
Agriculture
Approved by the Scottish Parliament
Made
at 11.00 a.m. on 11th February 2021
Laid before the Scottish Parliament
at 2.00 p.m. on 11th February 2021
Coming into force
31st March 2021
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 policy(1), 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.
EUR 2013/1306 (“the Horizontal Regulation”) was incorporated into domestic law on exit day by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c.2), insofar as it relates to direct payment support. Insofar as it relates to agricultural support, the Horizontal Regulation was incorporated into domestic law on IP completion day by section 3 of the European Union (Withdrawal) Act 2018 (c.16). The Horizontal Regulation was relevantly amended in relation to direct payment support by S.I. 2020/90 and in relation to agricultural support by S.I. 2019/748 and S.I. 2019/763. Regulation 2 of S.I. 2020/1445 makes further provision in respect of the effect of the Horizontal Regulation on IP completion day. The term “appropriate authority” in relation to Scotland means the Scottish Ministers as per Article 2(1)(m), as read with Article 2(1)(k) of the Horizontal Regulation.
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