· FOI · partially withheld
Analysis of penalties imposed by the European Commission: FOI release
Information requested
Any documentation outlining analysis of the risk of penalties charged by the European Commission for not complying with regulations following missed payments in 2016. Any correspondence between Fergus Ewing and Scottish Government officials discussing analysis of the risk of penalties charged by the European Commission for not complying with regulations following missed payment deadlines (correspondence dates: 1/1/16-12/3/18) An assessment made by the Scottish Government of anticipated penalties by the EC, as a result of missed payment deadlines.
Response
I enclose at Annex A a copy of a briefing note showing Scottish Government's analysis of the likely late payment penalties that will be charged by the European Commission.
I enclose at Annex B a copy of any correspondence between Fergus Ewing and Scottish Government officials discussing analysis of the risk of penalties. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s) s.28(1)2 (Relations within the UK), s.29(1)(a) (formulation of Scottish Government policy), s.30(b)(1) (Free and frank provision of advice) and s.32(2)(a)(2) (Relations between UK and any international organisation or court) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.
The Scottish Government's assessment of Scotland's share of anticipated penalties is £5m.
Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section(s) s.28(1)2 (Relations within the UK), s.29(1)(a) (formulation of Scottish Government policy), s.30(b)(1) (Free and frank provision of advice) and s.32(2)(a)(2) (Relations between UK and any international organisation or court) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below. An exemption applies, subject to the public interest test Exemptions under section s.28(1) (Relations within the UK), s.29(1)(a) (formulation of Scottish Government policy), s.30(b)(1) (Free and frank provision of advice) and s.32(2)(a)(2) (Relations between UK and any international organisation or court) of FOISA applies to some of the information you have requested. These exemptions apply as the correspondence contains details of ongoing discussions between the Scottish Government, other UK administrations and the European Commission. These exemptions are subject to the 'public interest test'.