The Agricultural Processing and Marketing Grants Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to England only, supplement the Community legislation listed in the Schedule to the Regulations (“the Community legislation”). The Community legislation inter alia provides for support to be paid from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (“Community support”) towards investment for the improvement of the processing and marketing of agricultural products. The Regulations operate within the scope of these provisions to enable grant to be paid towards expenditure incurred in connection with operations involving such improvements.

The Regulations implement a part of the England Rural Development Programme (“ERDP”) approved by the European Commission under Article 44 of Council Regulation (EC) No. 1257/1999 (OJ No. L160, 26.6.1999, p.80), and provide for the payment of grants by the Minister of Agriculture, Fisheries and Food (“the Minister”) in respect of any expenditure he has approved (regulation 3). Such expenditure may be approved if it is expenditure which is in accordance with that part of the ERDP which concerns the improvement of the processing and marketing of agricultural products (expenditure for which support may be granted pursuant to Articles 25 to 28 of Council Regulation (EC) No. 1257/1999 (regulation 4(3)).

In addition, the Regulations provide for the making of claims for, and the payment of, grants following approval (regulations 5 and 6) and also contain provisions creating obligations on those in receipt of grants concerning the provision of information (regulation 7) and record-keeping (regulation 8).

Further provisions concerning enforcement matters and enabling the Minister to withhold or recover grants in the event of a breach of the Regulations by an applicant or a beneficiary, and those respectively creating and specifying the resultant criminal offences and penalties, are contained in the England Rural Development Programme (Enforcement) Regulations 2000 (S.I. 2000/3044).

The Regulations revoke, subject to a transitional saving, the Agricultural Processing and Marketing Grant Regulations 1995 (S.I. 1995/362) and the Agriculture (Closure of Grant Schemes) (England) Regulations 2000 (S.I. 2000/205).

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

Copies of the Commission Decision referred to in paragraph 3 of the Schedule, and of the ERDP, are available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR.