Background and Context Operation of the rules by the Scottish Government since leaving the EU
7.The Scottish Government currently operates the MFF 2014/2020 framework rules, which after modification by UK and Scottish Governments have legal effect as retained/assimilated EU law. The current domestic CAP rules are a mix of EU basic acts and EU delegated and implementing legislation. Section 1 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020(1) defines the main CAP legislation, including the five basic acts(2) which together form the basis of the CAP.
8.The former EU CAP rules generally set out both the objectives to be achieved, and the detailed rules by which that will be done. For example, the Rural Development Regulation requires each Member State to prepare a rural development programme for approval by the Commission for the purpose of co-funding from the European Agricultural Fund for Rural Development (“EAFRD”) for the schemes adopted under the programme.
9.The Scottish Rural Development Programme(3) was first adopted after approval by the Commission for the purposes of MFF 2014/2020, and is now being operated to at least an extent on a hybrid basis with a mix of EU and domestic funding (broadly, EU law proper follows EU funding).
10.The EU rolled over their 2014/2020 MFF rules during a short transition period but has now adopted new rules and objectives for the 2023/2027 MFF. As set out in the policy memorandum, the Scottish Government intention is to align with the outcomes to be achieved by the 2023 to 2027 EU rules and that may involve replicating all or part of new EU measures.