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The England Rural Development Programme (Enforcement) Regulations 2000

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Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Commission Regulation (EC) No. 1750/1999 (O.J. No. L214, 13.8.1999, p. 31) (“the Commission Regulation”) laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 (O.J. No. L160, 26.6.99, p. 80) on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (“the Council Regulation”).

In particular they implement Article 48(2) of the Commission Regulation (which requires member States to determine a system of penalties to be imposed in the event of a breach of obligations) by granting the Minister powers to withhold or recover payments and take certain other action, including termination of the commitment (and of entitlement to payments in respect of it), in the event of a breach of an undertaking to comply with any condition of payment by the Minister under specified enactments, and in certain other events (regulations 4, 5 and 6). The enactments are those specified in the Schedule, all of which implement provisions of the Council Regulation and the England Rural Development Programme approved by the Commission under Article 44 of the Council Regulation. Regulation 7 provides power to recover interest on sums recovered.

The Regulations also create offences in respect of the furnishing of false information for the purpose of obtaining aid and obstruction (regulation 9).

The England Rural Development Programme, together with a copy of Commission Decision No. C(2000) 3003 approving it, is available for inspection at the offices of the Ministry of Agriculture, Fisheries and Food (“MAFF”), 17 Smith Square, London SW1P 3JR.

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

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