Common Agricultural Policy (CAP) Reform

• Law Firm: Shepherd and Wedderburn LLP
• Subject Matter: Environment, Real Estate and Construction, Environmental Law, Land Law & Agriculture
• Author: Ellen Eunson
• Published date: 28 February 2023

AGRICULTURAL REFORM ROUTE MAP - IS THE WAY FORWARD ANY CLEARER?

Following on from the Scottish Government's Vision for Agriculture and the Proposals on the Agriculture Bill in February 2023, the Scottish Government published an Agricultural Reform Route Map. The Proposals, which were published in August 2022 and set out a four-tier framework for farm support in line with the Vision for Agriculture, were criticised by the industry for lack of detail and clarity. The Route Map sets out timescales for the forthcoming transitional period, aiming to help landowners plan and prepare for changes coming in 2025, but there are still details required of the measures and how applicants will be paid. So, what has the Agricultural Reform Route Map clarified since the Proposals paper?

Timetable

The Route Map has given a timetable for the phasing out of current support and phasing in of future support.

To view the timetable as a PDF, click here.

Payment conditions

Alongside the timetable, the Route Map has included some very general information on conditions relating to the payments under the Tiers.

Tier 1 - Essential standards for Base Payments

The Tier 1 payments will be conditional upon farmers meeting "essential standards" which are referred to in the Route Map as standards in "climate response; biodiversity gain; business efficiency outcomes; safeguarding animal health and welfare and worker rights." In addition "Greening, Cross Compliance requirements (Good Agricultural and Environmental Conditions (GAECs) and Statutory Management Requirements (SMRs)) and the completion of a Whole Farm Plan are currently being considered as part of essential standardsbut no decisions have been taken on what will be included" Furthermore, no decisions have yet been made on what a Whole Farm Plan will include or how it can be used to deliver the Vision for Agriculture.

Tier 2 - Enhanced Payments

Tier 2 payments are to build on Tier 1 payments, focusing on measures that will reduce greenhouse gas emissions and restore and improve nature, supporting producers and incentivising sustainable and regenerative farming. The Scottish Government has produced a publication, called Guidance on the List of Measures, on the measures that are being proposed. This aims to give some assistance for future planning, but they are what they say on the tin - guidance on proposals - and farmers might well be wary of relying on them in relation to any major investment or significant changes to farming...