Scottish Ministers have made the Common Organisation of the Markets in Agricultural Products (Fruit and Vegetables) (Miscellaneous Amendment) (Scotland) Regulations 2026 (SSI 2026/41). Made on 29 January 2026 and in force from 30 January 2026, the instrument resets programme duration, funding ceilings and timetables for producer organisations in the fruit and vegetables sector, and updates appeals arrangements.
Programme duration is standardised at three years. Article 33 of Regulation (EU) No 1308/2013 (the CMO Regulation) now requires a fixed three‑year operational programme, replacing the previous minimum two and maximum three‑year range. Producer organisations should plan on a rolling triennial basis rather than seek annual approvals.
Financial assistance is limited to 4.1% of the value of the marketed production of produce that is grown in Scotland for each producer organisation or association. This change is made to Article 34 of the CMO Regulation and paragraph 3 of that Article is removed. The explicit link to production grown in Scotland clarifies eligibility where members market output from multiple locations.
For ceiling calculations, Article 23(2) of Commission Delegated Regulation (EU) 2017/891 is replaced. The ceiling is now calculated each year of the programme by reference to the value of the marketed production of produce grown in Scotland during the reference period, for producers who are members on 1 January of the first year of the programme for which aid is sought. This aligns the value base with the new geographic test.
Deadlines are brought forward. Under Article 26(1) of Delegated Regulation 2017/891 as amended, producer organisations must notify the appropriate authority of their estimated financial assistance by 1 March, rather than 15 September. A later date may be set by the authority where permitted, but 1 March becomes the baseline for estimates to operational funds.
Submission windows move to a three‑year cycle. Article 6 of Commission Implementing Regulation (EU) 2017/892 now provides that operational programmes from producer organisations with their head office in Scotland must be submitted by 15 September in an applicable year only. The applicable year is 2025 and every third year thereafter (2028, 2031, 2034, and so on). Approval is conditional on the 1 March notification in the year preceding the applicable year.
The sequencing therefore becomes predictable: estimates first, then programme submission in the applicable year, followed by implementation over a fixed three‑year period. As an illustration, for the 2028 applicable year the estimate falls due on 1 March 2027 and the programme submission deadline is 15 September 2028. Organisations should align budgeting, audit and member‑approval cycles to these dates.
Transitional provisions apply from 1 January 2026 to 31 December 2028. Where a producer organisation had an operational plan approved for a period ending on 31 December 2025 and has submitted a plan for approval for the period beginning on 1 January 2026, the calculation of financial assistance departs from the new Scotland‑grown only basis. For members who joined before 30 January 2026, the full value of their marketed production may be counted; for members joining on or after that date, only produce grown in Scotland may be included.
For the same transitional cohort, the words “grown in Scotland” are treated as omitted from Article 23(2) of Delegated Regulation 2017/891 for the purpose of the annual ceiling calculation. Together these measures are intended to avoid abrupt changes to eligible value bases while organisations adjust. The transitional approach ends on 31 December 2028.
Appeals are clarified. The Common Agricultural Policy Non‑IACS Support Schemes (Appeals) (Scotland) Regulations 2004 now list decisions under Delegated Regulation 2017/891 and Implementing Regulation 2017/892, creating a right of appeal to the Scottish Ministers in the first instance. The 2023 fruit and vegetables amendment (SSI 2023/311) is revoked as spent.
For producer organisations and associations, immediate actions are administrative and data‑led: establish an internal 1 March estimation process; map members’ output to confirm what qualifies as Scotland‑grown; record membership dates to apply the transitional calculation correctly; and prepare governance for triennial submissions. Organisations operating across borders should confirm whether a Scottish head office exists for approval purposes and adjust structures if needed.