Marine Fund Scotland 2022-23: general guidance notes

Subsidy control and the Northern Ireland protocol

General subsidy control

The subsidy control principles in the World Trade Organisation Agreement on Subsidies and Countervailing Measures and in the Free Trade Agreements that the UK Government negotiates with countries following EU Exit currently apply to the Marine Fund Scotland.

• A "subsidy" in this context means financial assistance which is given by a public authority, is specific and confers an economic advantage on one or more enterprises, and affects international trade. Not all grants awarded from the Marine Fund Scotland 2022-23 will fall into the category of a subsidy. The Scottish Public Finance Manual has more information about what a subsidy is and what subsidy control means. The UK Government's Department of Business, Energy & Industrial Strategy has also produced guidance on the UK's international subsidy control commitments.

Some elements relating to subsidy control have been included in the eligibility criteria for the Marine Fund Scotland 2022-23. Additional principles or eligibility criteria relating to subsidy control may be introduced into the Marine Fund Scotland 2022-23 during the course of the financial year. This is due to a UK-wide subsidy control system, expected to come into force from autumn 2022 under the Subsidy Control Act 2022, and ongoing discussions by the World Trade Organisation on global fisheries subsidy control. This means the level of support the Marine Fund Scotland can provide may change in response to developing subsidy rules.

Any changes relating to subsidy control will be published on the Marine Fund Scotland pages of the Scottish Government website and these General Guidance notes will also be updated. Please check back regularly to make sure you have the latest information. If any changes are relevant for an existing applicant or application, the Marine Fund Scotland team will get in touch with more information.

The Northern Ireland Protocol

The Northern Ireland Protocol applies certain European Union (EU) legislation concerning subsidies (the EU State aid rules) to Northern Ireland. This may have implications for applicants to the Marine Fund Scotland 2022-23 who are based in Northern Ireland or conduct any aspect of their business in, or in relation to, Northern Ireland. The Marine Fund Scotland 2022-23 will comply with the Protocol and applications where this is relevant will be assessed accordingly.