Explanatory Note

(This note is not part of the Scheme)

This Scheme, which applies in relation to Wales, is made with the approval of the Treasury and comes into force on 31 December 2012. The Scheme provides for the payment of grants as a contribution towards the cost of purchase or supply of satellite-tracking devices and software necessary to record and electronically transmit location and fishing activities data in accordance with Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006.

This Scheme provides that references to specified EU Instruments or specified parts of them are to be construed as references to the instruments or parts of them as they may be amended from time to time.

Part 2 of the Scheme makes provision for the payment of grants in respect of satellite-tracking devices. Paragraph 4 provides for the making of invitations to apply for the grant, paragraphs 5 and 6 make provision as to eligibility and the application process for the grant and paragraph 7 provides for the determination of applications, including the power to attach conditions to any approval and requirements as to notification. Paragraphs 8 and 9 make provision in respect of the payments of the grant and the amount of the grant.

Part 3 makes provision for the payment of grants in respect of approved software. Paragraph 11 provides for published lists of approved software and approved suppliers. Paragraph 12 provides for the making of invitations to apply for a grant, paragraph 13 and 14 make provision as to eligibility and the application process and paragraph 15 provides for the determination of applications for grant, including the power to attach conditions to any approval and requirements as to notification. Paragraphs 16 and 17 provide for the payments of grants and the amount of grant.

In Part 4, paragraph 18 makes provision for the review of a determination to refuse an application or a determination to attach a condition to an approval of an application for a grant made under either Part 2 or Part 3. Paragraph 19 provides for the revocation, withholding and recovery of grant approved under either Part 2 or Part 3 in certain circumstances and paragraph 20 enables interest to be payable on sums which are recovered.

In Part 5, paragraph 21 provides for the revocation of the Fishing Boats (Satellite-Tracking Devices) (Wales) Scheme 2006 and the Fishing Boats (Electronic Transmission of Fishing Activities Data) (Wales) Scheme 2010.

Regulatory Impact Assessment has been undertaken in relation to this Scheme and is available for inspection at the offices of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.