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3.—(1) Subject to the provisions of the Community legislation and these Regulations the Department may pay Community aid and, if it so determines, a grant to any person—
(a)who has applied, in accordance with regulation 4, for the purpose of obtaining such financial assistance, for approval under regulation 5—
(i)of a relevant operation; and
(ii)of expenditure incurred or to be incurred in connection with that operation, and
(b)whose application it has so approved.
(2) In determining under paragraph (1)—
(a)whether to pay a grant in addition to Community aid; and
(b)the amount of any such grant it may make,
the Department shall have regard to the requirements of the Community legislation and, in particular the limits on total State financial participation (national, regional and other) as set out in Annex IV to Council Regulation 2792/1999.
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