Rural Development (Financial Assistance) Regulations (Northern Ireland) 2001

Prospective

Explanatory Note

(This note is not part of the Regulations.)

These Regulations supplement the Community legislation listed in the Schedule to the Regulations (“the Community legislation”). The Community legislation inter alia provides for assistance to be paid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund and the European Regional Development Fund towards operations which promote rural development by facilitating the development and structural adjustment of rural areas.

The Community legislation also provides for assistance to be paid from the Guidance Section of the European Agricultural Guidance and Guarantee Fund towards operations which fall within Community initiatives to promote rural development (“LEADER”) pursuant to Article 20(1)(c) of Council Regulation (EC) No. 1260/1999 (O.J. No. L161, 26.6.99, p. 1). In the case of Northern Ireland, the initiative concerned is the Northern Ireland LEADER+ Programme approved by the Commission of the European Communities (“the Commission”) by virtue of the Decision referred to in paragraph 12 of the Schedule.

The Regulations operate within the scope of the Community legislation by enabling financial assistance to be paid by the Department of Agriculture and Rural Development (“the Department”) or its agents in respect of operations which it or they have approved (regulation 3). Such operations may be approved if they are eligible for assistance under the Community legislation and are in accordance with the Rural Development Programme Strategy 2001-2006 published by the Department (regulation 5).

The Regulations provide for the making of claims for, and the payment of, financial assistance following approval (regulations 6 and 7) and also impose obligations concerning the provision of information (regulation 8) and record-keeping (regulation 10) on those in receipt of financial assistance. In addition they introduce a system of penalties to be imposed in the event of a breach of obligations by granting the Department various powers to take action, up to and including termination of the approval in the event of breaches of the conditions of an approval and in a number of other cases (regulations 11 to 13). Regulation 9 confers powers of entry and inspection on certain authorised persons (including officials of the Commission), whilst regulation 18 creates offences in respect of the furnishing of false information for the purpose of obtaining financial assistance and in respect of obstruction.

1.  Copies of Commission Decisions C(2000)4284, C(2001)637, C(2001)638 and C(2001)2741 are available from:— N.I.

The European Commission Representation in Northern Ireland

Windsor House

9–15 Bedford Street

Belfast

BT2 7EG

2.  Copies of the Rural Development Programme Strategy 2001–2006 are available from:— N.I.

The Department of Agriculture and Rural Development

Rural Development Division

Room 145

Dundonald House

Upper Newtownards Road

Belfast BT4 3SB