The European Fisheries Fund (Grants) (Scotland) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the European Fisheries Fund (Grants) (Scotland) Regulations 2007 (“the principal Regulations”). The principal Regulations supplement Council Regulation 1198/2006 on the European Fisheries Fund (“the Council Regulation”) (OJ L 223, 15.8.2006, p.1) and Commission Regulation (EC) 498/2007 laying down detailed rules for the implementation of the Council Regulation (“the Commission Regulation”) (OJ L 120, 10.5.2007, p.1).

These Regulations amend the principal Regulations to provide that only accountable bodies can determine applications for, and pay, EU aid and grant in respect of priority axis 4 measures (regulations 5 and 7 amending regulations 3 and 5, respectively, of the principal Regulations). A definition of the term “accountable body” is inserted into regulation 2 of the principal Regulations (regulation 3). Accountable bodies are local fishing entities or groups representing public and private partners from local relevant socio economic sectors (“Fisheries Local Action Groups”) which administer EU aid by virtue of Article 45 of the Council Regulation. They may either be an administrative and financial lead partner selected by the group in accordance with Article 23(2) of the Commission Regulation or a group whose structure and constitution meets the requirements specified in that Article. Priority axis 4 measures provide for the sustainable development of areas which have a significant level of employment in the fisheries sector and which are eligible to receive financial assistance.

Regulation 4 inserts new regulations 2A, 2B, 2C and 2D into the principal Regulations.

The new regulation 2A of the principal Regulations makes provision for the reimbursement of payments of EU aid and grant made by accountable bodies from the Scottish Ministers.

The new regulation 2B of the principal Regulations makes provision for the Scottish Ministers to enter into service level agreements with accountable bodies for the purposes of Articles 57 and 70(1) of the Council Regulation and Part A of Annex XII of the Commission Regulation.

The new regulation 2C of the principal Regulations sets out the powers of the Scottish Ministers where an accountable body breaches a service level agreement. This includes a power to terminate the agreement.

The new regulation 2D of the principal Regulations makes further provision for the consequences of such a termination.

Consequential provision inserting a new definition of “service level agreement” in regulation 2 of the principal Regulations is made by regulation 3.

Consequential provision is made to the principal Regulations to provide accountable bodies with appropriate powers and functions to allow them to administer the scheme (regulations 3, 5, 6, 8 to 14).

Regulation 11 also amends regulation 9 of the principal Regulations to provide the accountable bodies with a duty to report to the Scottish Ministers as to the operation of the principal Regulations.

Regulation 15 inserts a new regulation 15A in the principal Regulations to provide that where an accountable body cannot act in accordance with regulation 14 or 15 of the principal Regulations, or where it refuses a written request from the Scottish Ministers to act, that the Scottish Ministers can act in the capacity of, and in place of, the accountable body.

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