Producer organisation Angus Growers has had its appeal against withdrawal of recognition under the EU Fruit and Vegetable Aid Scheme upheld by a Scottish Court, while South Eastern Produce (SEP) has had its derecognition overturned by an independent panel.
Angus Growers, the Arbroath-based PO made up of 19 soft fruit growers, is having its funding reinstated after three years of uncertainty.
The Rural Payments Agency (RPA), which administers the EU Scheme on behalf of Scottish ministers, said the PO had breached regulations and withdrew its funding in March 2010.
The RPA rejected two internal appeals by Angus Growers.
The growers were then able to take the case to the Scottish Land Court, which found there had been no substantial breaches and that Angus Growers had complied with RPA advice at every stage.
John Lang, chairman of Angus Growers said the decision has been welcomed by the growers, whose production includes Good Natured Fruit, AVA and Islay strawberries.
“Exclusion from the scheme has put us at a serious disadvantage and this reinstatement means we will now be able to invest for the future to meet the growing demand for fresh, high quality Scottish soft fruit.
“Thanks to the loyalty and determination of all the growers and the knowledge and skill of the legal team, Edward Perrot of Taylor Vinters and Aidan Robertson QC of Brick Court Chambers, the case has had a positive outcome for Angus Growers.”
Angus Growers supplies strawberries, raspberries, blueberries and blackberries to supermarkets and uses the funding to invest in environmentally sound production techniques, plan production to meet demand, market fruit, optimise production costs and stabilise prices.
South Eastern Produce chairman Robert Brown said he was delighted the independent panel had found in favour of the PO's appeal.
It was derecognised on 9 July 2010 despite five years of successful operation.
"Whilst we fully understand the RPA were in a difficult position, with pressure from European Auditors scrutinising the British system. We felt our group was being treated harshly," Brown said.
"All of our group and particularly our staff have had a very worrying time. The group has always worked extremely well together and had enjoyed some very good market outlets and prices for our crops as the P.O system was designed to do.
"Our group will continue and we would like to think we can move on and work with the RPA in a positive manor in the future.
"The advice sought by our group members from Laurence Gould has been invaluable over the years and the legal team from Taylor Vinters gave us the strength to fight our corner and were instrumental in the successful outcome.
"Support both morally and financially came from the National Farmers Union."
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