Marine Fund Scotland 2024-2025: general guidance notes

Subsidy Control and the Windsor Framework

General subsidy control

The subsidy control principles in the World Trade Organisation Agreement on Subsidies and Countervailing Measures, the incoming WTO Agreement on Fisheries and in the Free Trade Agreements that the UK Government negotiates with countries following EU Exit (UK trade agreements in effect - GOV.UK (www.gov.uk ) 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 2024-25 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 has also produced the UK’s international subsidy control commitments.

The Windsor Framework

In line with the requirements of Article 10 of the Windsor Framework and the application of EU State aid rules in respect of measures which affect trade in goods between Northern Ireland (NI) and the EU, there is a requirement in respect of any Marine Fund Scotland application for applicants to identify whether any element of their business group, including subsidiaries, linked businesses and parent companies, are registered or located in NI. Additionally, confirmation is required where there is any trading activity with a NI business or where goods are transported via NI to Ireland or any other EU Member State via NI or Ireland. This will allow the required assessment of obligations with respect to EU State aid rules to be met.

The UK Government has produced guidance on the application of Article 10 of the Windsor Framework.