Rural Regeneration and Cross-Border Development Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

Under Article 5(2) of Council Regulation (EEC) No. 2052/88 (O.J. No. L185, 15.7.88, p. 9) assistance from the Structural Funds may take the form of part-financing of operational programmes and operations may be undertaken on the Commission’s initiative. On 16th May 1995 the European Commission decided to establish a Community initiative in the framework of the special support programme for peace and reconciliation in Northern Ireland and the border counties of Ireland, within the meaning of Article 11 of Council Regulation (EEC) No. 4253/88 (O.J. No. L374, 31.12.88, p. 1) as amended by Regulation (EEC) No. 2082/93 (O.J. No. L193, 31.7.93, p. 20) and Article 3 of Regulation (EEC) No. 4254/88 (O.J. No. L374, 31.12.1988, p. 15) as amended by Council Regulation (EEC) No. 2083/93 (O.J. No. L193, 31.7.1993, p. 34). The Commission, in its Notice 95/C186/04 (O.J. No. C186/4, 20.7.95, p. 4) laid down the guidelines for the special support programme. These guidelines provided that a single operational programme should be prepared by the Governments of the Republic of Ireland and the United Kingdom. This single operational programme was submitted to the Commission on 9th June 1995 and adopted by Commission Decision C(95) 1789 of 28th July 1995.

Council Regulation (EEC) No. 4253/88 as amended by Council Regulation (EEC) No. 2082/93 and Council Regulation (EC) No. 3193/94 (O.J. No. L337, 24.12.1994, p. 11) lays down provision for implementing Council Regulation (EEC) No. 2052/88 as regards co-ordination of activities of the different Structural Funds between themselves and with the operation of the European Investment Bank and the other existing financial instruments.

Council Regulation (EEC) No. 4256/88 (O.J. No. L374, 31.12.88, p. 25) lays down provisions for implementing Regulation (EEC) No. 2052/88 as regards the EAGGF Guidance Section.

The present Regulations make provision for the implementation of Regulation (EEC) No. 4253/88 and Regulation (EEC) No. 4256/88 in Northern Ireland insofar as Sub-Programme 2(B) relating to rural regeneration and Measure 3 of Sub-Programme 3 relating to cross-border development of the Single Programming Document is concerned.

They allow the Department of Agriculture to formulate conditions for making payments and paying grants and to attach conditions for the payment of grant and making of payments, provide for the form and manner in which claims for grant and payments will be made and allow the Department of Agriculture to require the furnishing of particulars and information relating to claims.

The Regulations provide for standard costs, give the Department of Agriculture the power to recover payments in certain circumstances and create an offence, punishable on summary conviction with a fine at level 5 on the standard scale (currently £5,000), of providing or recklessly making a false statement to obtain grant or payment. The Regulations also confer powers of entry and inspection on authorised persons and provide that an authorised person may take with him such other persons as he considers necessary.

Extracts of the relevant section of Sub-Programmes 2(B) and Measure 3 of Sub-Programme 3 of the Single Programming Document and explanatory leaflets on those Sub-Programmes can be obtained on application from the Department of Agriculture at Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.

A copy of Commission Decision C(95) 1789 approving the Single Programming Document may be obtained from the Department of Agriculture at the above address.