(This note is not part of the Regulations)
These Regulations, which extend to Scotland only, supplement Council Regulation 1198/2006 on the European Fisheries Fund (“the Council Regulation”) and Commission Regulation 498/2007 laying down detailed rules for the implementation of the Council Regulation (“the Commission Regulation”). In exercise of powers introduced by the Legislative and Regulatory Reform Act 2006, references to the Council and Commission Regulations are to these instruments as they may be amended from time to time.
The Council Regulation provides for assistance (“Community aid”) to be paid from the European Fisheries Fund established by the European Community in respect of certain categories of investments, projects and actions (“relevant operations”) in the fisheries and aquaculture sector and in the industry sector processing and marketing its products.
These Regulations provide for and regulate the payment of Community aid and grants in addition to that aid by the Scottish Ministers towards expenditure on operations which the Scottish Ministers have approved in accordance with these Regulations, the Council Regulation and the Commission Regulation.
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 Scottish Ministers so determine, grant in addition to that aid. Such aid and grant together is referred to as “financial assistance”. In determining whether to pay grant in addition to Community aid and, if they determine to pay such grant, the amount of the grant, the Scottish Ministers are required to have regard to the requirements of the Council Regulation and the Commission Regulation (regulation 3). Among other things the Council Regulation 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 II to the Council Regulation.
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). The Scottish Ministers 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 to supply to the Scottish Ministers such information as the Scottish Ministers may from time to time reasonably require and (under regulation 10) for them to retain certain records for a period of six years. That period may be extended by the Scottish Ministers.
Provision is made in relation to the keeping of accounts and records by the Sea Fish Industry Authority (the “Authority”) where it has made or received payments in the exercise of any functions under these Regulations which the Authority has been required by the Scottish Ministers under section 2(5) of the Fisheries Act 1981 to exercise for the Scottish Ministers (regulation 11).
Applicants are required, on request, to give assistance to authorised officers, who are given power of entry and inspection for specified purposes (regulations 12 and 13). Provision is made for the reduction, withholding and recovery, in certain circumstances, of financial assistance (regulation 14) and for the payment of interest on amounts recovered (regulation 15).
The Regulations create offences and provide penalties in respect of false statements made to obtain financial assistance, failure to keep records or provide information reasonably requested by the Scottish Ministers, failure to comply with requests made by authorised officers in exercise of their powers of entry and inspection and the obstruction of such officers in the exercise of those powers (regulation 16). They also make provision in relation to offences committed by bodies corporate and Scottish partnerships (regulation 17).
No Regulatory Impact Assessment has been prepared in respect of these Regulations.