The Fisheries and Aquaculture Structures (Grants) (Wales) Regulations 2002

Explanatory Note

(This note does not form part of the Regulations)

These Regulations, which apply in relation to Wales only, supplement the Community legislation as defined and listed in regulation 2 (“the Community legislation”). The Community legislation provides, inter alia, for assistance (“Community aid”) to be paid 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 National Assembly for Wales (“the National Assembly”) towards expenditure in respect of relevant operations which the National Assembly 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 National Assembly 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 it determines to pay such grant, the amount thereof, the National Assembly 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. L337, 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 National Assembly 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 National Assembly any information that it 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 National Assembly).

Provision is made for the National Assembly to require the Sea Fish Industry Authority (the “Authority”) from time to time to exercise any of the National Assembly’s 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 National Assembly, 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).

The Regulations (regulations 17 and 18) create and make provision in connection with the prosecution of offences in respect of false statements made to obtain financial assistance, in respect of failure to keep records or provide information reasonably requested by the National Assembly, in respect of the failure to comply with requests made by authorised officers in exercise of their powers of entry and inspection and in respect of the obstruction of such officers in the exercise of those powers. Penalties are prescribed for such offences.

No Regulatory Appraisal has been prepared in respect of these Regulations.

Copies of Commission Decisions No. C(2000) 2049 approving the Objective One Single Programming Document for West Wales and the Valleys 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 National Assembly for Wales, Cathays Park, Cardiff.