The European Maritime and Fisheries Fund (Grants) (Scotland) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the purposes of implementation of:

• Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p.320) (“the Common Provisions Regulation”); and

• Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p.1) (the “EMFF Regulation”).

Those EU instruments (as supplemented by relevant implementing and delegated regulations) make provision for EU-funded support in Member States in respect of certain categories of investments, projects and actions in the fisheries and aquaculture sector and in the industry sector processing and marketing products from the fisheries and aquaculture sector. Collectively, the applicable EU instruments are defined in regulation 2(1) of these Regulations as “the EU Regulations”.

These Regulations provide for and regulate the payment of grants by the Scottish Ministers towards expenditure on operations which the Scottish Ministers have approved in accordance with these Regulations and the EU Regulations.

Regulation 3 makes provision for the Scottish Ministers to pay a grant to a person who has made an application.

Regulation 4 makes provision about the form and manner of applications for a grant and the procedural requirements for making an application.

Regulation 5 makes provision in relation to the Scottish Ministers’ determining an application for a grant; adding or varying conditions to which a grant is subject; notifying decisions; providing reasons for decisions; and considering any representations made by the person applying for, or benefitting from, a grant.

Regulation 6 provides that a grant is dependent on the provision of satisfactory evidence of the expenditure incurred.

Regulation 7 makes provision concerning the method of payment of a grant.

Regulation 8 provides that the Scottish Ministers may require undertakings to be given by a person whose application is approved.

Regulation 9 makes provision for persons whose applications for a grant have been approved to supply to the Scottish Ministers such information as the Scottish Ministers may from time to time reasonably require.

Regulation 10 makes provision requiring persons whose application has been approved to keep certain records for a specified period of time.

Regulations 11 and 12 make provision concerning enforcement powers. Regulation 12 confers powers of entry and inspection on authorised officers. Regulation 11 requires a person whose application for a grant has been approved, or an employee, servant or agent of such a person, to provide reasonable assistance to authorised officers as required when the latter are exercising those powers.

Regulation 13 makes provision excluding authorised officers from incurring any personal liability when acting in good faith.

Regulation 14 makes provision for the reduction, withholding or recovery, in certain circumstances, of a grant.

Regulation 15 makes provision for the payment of interest on sums recovered.

Regulation 16 makes provision for offences and penalties for obstructing an authorised officer, failing to provide assistance and supplying false or misleading information.

Regulation 17 provides for the application of those offences in relation to bodies corporate, Scottish partnerships and unincorporated associations.

Regulation 18 makes provision for the revocation of three instruments relating to the European Fisheries Fund (the programme which preceded the European Maritime and Fisheries Fund), subject to savings provisions.

No Business and Regulatory Impact Assessment has been prepared in respect of these Regulations as they have no new impact on business.