The Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to England only, supplement the Community legislation as defined and listed in regulation 2 (“the Community legislation”). The Community legislation provides, among other things, for assistance (“Community aid”) to be paid during a period of seven years beginning on 1 January 2000 from the Financial Instrument for Fisheries Guidance (“FIFG”) in respect of certain categories of investments, projects and actions (“relevant operations”) in the fisheries and aquaculture sector and the industry sector processing and marketing its products.

These Regulations provide for and regulate the payment of grants and Community aid by the Minister of Agriculture, Fisheries and Food (the “Minister”) towards expenditure in respect of relevant operations which the Minister has approved in accordance with these Regulations and the Community legislation.

The Regulations (regulations 3,4 and 5) lay down a procedure for applications for the approval of relevant operations and expenditure to be made and approved for the purpose of the payment of Community aid and, if the Minister so determines, grant in addition to that aid (such aid and grant being together referred to as “financial assistance”). In determining whether to pay grant in addition to Community aid and, if he determines to pay grant, the amount to be paid, the Minister is required to have regard to the requirements of the Community legislation (regulation 3). Among other things Community legislation requires a certain level of financial participation by Member States to enable relevant operations to qualify for Community aid, the requisite levels of participation being set out in Annex IV to Council Regulation (EEC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ No. L 337, 30.12.1999, p.10).

Payment of financial assistance is dependent on the provision of satisfactory evidence of the expenditure incurred and of the proper execution of the relevant operation (regulation 6).

Provision is made concerning the method of payment of financial assistance (regulation 7) and the Minister may require undertakings to be given by a person whose application is approved (regulation 8).

Provision is made (regulation 9) for persons whose applications for financial assistance have been approved (“beneficiaries”) to supply to the Minister such information as he may from time to time reasonably require and (under regulation 10) for them to retain certain records for a period of six years (which period may be extended by the Minister).

Provision is made for the Minister to require the Sea Fish Industry Authority (“the Authority”) from time to time to exercise any of his functions under these Regulations and in relation to the keeping of accounts and records by the Authority where it has made or received payments in the exercise of any such functions (regulation 11).

Applicants are required, on request, to give assistance to authorised officers of the Minister, who are given powers of entry and inspection for specified purposes (regulations 12 to 14). Provision is made for the reduction, withholding and recovery, in certain circumstances, of financial assistance (regulations 15 and 16). Offences are created in relation to breach of requirements imposed by or under the Regulations and penalties are specified (regulations 17 and 18).

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

Copies of Commission Decisions Nos. C(2000) 2046 and C(2000) 2047 approving the Single Programming Documents for the Cornwall and Isles of Scilly and Merseyside Objective 1 regions and of Commission Decision No. C(2000) 4298 approving the Single Programming Document for Community structural assistance in the fisheries sector in the United Kingdom in areas outside Objective 1 (each as referred to in regulation 2) are available for inspection, together with the Single Programming Documents at the Library of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2HH.