The Structural Funds (National Assembly for Wales) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable the National Assembly for Wales (“the Assembly”) to exercise in relation to Wales certain functions under Council Regulation 4253/88 laying down provisions for implementing Regulation (EEC) No. 2052/88 as regards co-ordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (as amended by Council Regulation 2082/93) (“the 1993 Structural Funds Regulation”) and under Council Regulation 1260/1999 laying down general provisions on the Structural Funds (“the 1999 Structural Funds Regulation”). The Structural Funds concerned are the European Regional Development Fund, the Financial Instrument for Fisheries Guidance and the Guidance Section of the European Agricultural Guidance and Guarantee Fund; provision is not made in respect of the European Social Fund. The functions are:

Article of 1993 Structural Funds Regulation	Brief description of function
Article 21(5)	Functions relating to payments of financial assistance
Article 23	Financial control in relation to operations
Article 24(1)	Submitting comments where Commission carry out investigation
Article 25(4)	Submitting progress report to the Commission for multiannual operations
Article 26	Appraising, evaluating and monitoring operations
Article 32(2)	Ensuring adequate publicity of measures and the role of the Community in them

Article of 1999 Structural Funds Regulation	Brief description of function
Article 8	Being a participant in partnership involving the Commission, the Member State and authorities and bodies designated by the Member State
Article 15	Preparing plans for submission to the Commission
Article 30	Functions in respect of expenditure eligible for assistance
Articles 38 and 39	Functions in relation to financial control
Article 40	Functions in relation to evaluating effectiveness of Community assistance

In addition, provision is made for the transfer of certain functions of a managing authority and a paying authority under the 1999 Structural Funds Regulation.

In respect of the functions of a designated authority for the purposes of Articles 21(5), 24(1) and 25(4) and a competent authority for the purposes of Article 26 of the 1993 Structural Funds Regulation, the Assembly may exercise the function if, and to the extent that, it has been designated as such an authority by a Minister of the Crown. Similarly, in respect of the functions of an authority designated by a Member State for the purposes of participating in the partnership set up pursuant to Article 8, the functions of a managing or paying authority and the functions of an authority designated by a Member State for the purposes of Articles 15, 30 and 40 of the 1999 Structural Funds Regulation, the Assembly may exercise the functions if, and to extent that, it has been designated as such an authority by a Minister of the Crown. A designation may be modified or revoked by a Minister of the Crown after consulting the Assembly.

In respect of the functions conferred on a Member State by Article 23 of the 1993 Structural Funds Regulation and Articles 38 and 39 of the 1999 Structural Funds Regulation, the functions are exercisable in relation to Wales by a Minister of the Crown as well as by the Assembly.

Where a function is made exercisable by the Assembly under a designation made under the Regulations, there is transferred to the Assembly from the Secretary of State for Wales, the property and rights to which he is entitled and the liabilities to which he is subject in connection with the function.