The Fisheries and Aquaculture Structures (Grants) (Wales) Regulations 2002

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

• “amend” (“diwygio”) includes revoke;

• “application” (“cais”) means an application as described in regulation 3(1) and “applicant” (“ceisydd”) shall be construed accordingly;

• “approval” (“cymeradwyaeth”) means an approval granted under regulation 5 and includes the terms and conditions to which it is subject (including any such conditions that have been amended or added) and “approve” (“cymeradwyo”) and “approved” (“a gymeradwywyd”) shall be construed accordingly;

• “approved operation” (“gweithrediad a gymeradwywyd”) means an operation which the National Assembly has approved under regulation 5;

• “authorised officer”(“swyddog awdurdodedig”) means a person authorised in writing to be an officer—

  (a)

  for the purposes of these Regulations, by the National Assembly, or

  (b)

  for the purposes of exercising any functions required by the National Assembly under regulation 11 below to be exercised by it, the Authority;

  and includes any duly appointed official of the Commission who accompanies such an authorised officer;

• “the Authority”(“yr Awdurdod”) means the Sea Fish Industry Authority;

• “beneficiaries” (“buddiolwyr”) means applicants whose applications have been approved and a “beneficiary” (“buddiolwr”) shall be construed accordingly;

• “the Commission” (“y Comisiwn”) means the Commission of the European Communities;

• “Community aid” (“cymorth Cymunedol”) means aid towards eligible expenditure available from the Financial Instrument for Fisheries Guidance and payable in accordance with the Community legislation;

• “Community fishing vessel”(“cwch bysgota Gymunedol”) has the meaning given to it in article 3 of Council Regulation (EEC) No. 3760/92(1) establishing a Community system for fisheries and aquaculture;

• “the Community legislation”(“y ddeddfwriaeth Gymunedol”) means—

  (a)

  Council Regulation 1260/1999(2);

  (b)

  Council Regulation (EC) No. 1263/1999 on the Financial Instrument for Fisheries Guidance(3);

  (c)

  Council Regulation 2792/1999(4);

  (d)

  Commission Decision (EC) No. 1999/501(5) of 1st July 1999 fixing an indicative allocation by Member States of the commitment appropriations for Objective 1 of the Structural Funds for the period 2000 to 2006;

  (e)

  Commission Decision (EC) No. 1999/502(6) of 1st July 1999 drawing up the list of regions covered by Objective 1 of the Structural Funds for the period 2000 to 2006;

  (f)

  Commission Regulation (EC) No. 1685/2000(7) laying down detailed rules for the implementation of Council Regulation (EC) 1260/1999 as regards eligibility of expenditure of operations co-financed by the structural funds;

  (g)

  Commission Decision No. C(2000) 2046 of 24 July 2000 approving the Single Programming Document for Community structural assistance under Objective 1 in Wales;

  (h)

  Commission Decision No. C (2000) 4298 of 27th December 2000 approving the Single Programming Document for Community structural assistance in the fisheries sector in the United Kingdom in areas outside Objective 1;

  (i)

  Commission Regulation (EC) No. 438/2001 of 2nd March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds (8); and

  (j)

  Commission Regulation (EC) No. 448/2001 of 2nd March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the procedure for making financial corrections to assistance granted under the Structural Funds (9).

• “Council Regulation 1260/1999” (“Rheoliad y Cyngor 1260/1999”) means Council Regulation (EC) No. 1260/1999 laying down general provisions on the structural funds;

• “Council Regulation 2792/1999” (“Rheoliad y Cyngor 2792/1999”) means Council Regulation (EEC) No. 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector;

• “eligible expenditure” (“gwariant cymwys”) means expenditure which is incurred or to be incurred in connection with an approved operation and which the National Assembly has approved for the purpose of receiving financial assistance under regulation 5;

• “financial assistance” (“cymorth ariannol”) means any amount by way of grant or Community aid;

• “grant” (“grant”) means a grant towards eligible expenditure payable under these Regulations in addition to any Community aid;

• “LIBOR” (“LIBOR”) in relation to any particular day of the month, means the rate of interest per centum notified by the Bank of England to the National Assembly on the first working day of that month, rounded if necessary to two decimal points;

• “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “relevant conditions” (“amodau perthnasol”) means any conditions relating to the approval of an application or the making of a payment of any financial assistance which have been notified to a beneficiary under regulations 5(3)(b) or 7 below;

• “relevant documents” (“dogfennau perthnasol”) means any invoice, account, drawing, plan, technical specification or other document relating to the approved operation;

• “relevant equipment” (“offer perthnasol”) means any plant, machinery or other equipment for which financial assistance has been claimed or paid;

• “relevant operation” (“gweithrediad perthnasol”) means an investment, project or action which is eligible for Community aid; and

• “works” (“gweithfeydd”) means any construction, harbour or other building works, whether completed or not, for which financial assistance has been claimed or paid.

(2) Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Community legislation.

(3) Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations.

(4) Any reference in these Regulations to the doing of anything which under any regulation is required to be or may be done or evidenced in writing or otherwise using a document, notice or instrument shall, in circumstances where it is appropriate, be regarded as including by electronic means where arrangements have been made by the National Assembly to enable or provide for electronic means to be used.

(1)

OJ No. L389, 31.12.1992, p.1.

(2)

OJ No. L161, 26.6.1999, p.1.

(3)

OJ No.L161, 26.6.1999, p.54.

(4)

OJ No.L337, 30.12.1999, p.10.

(5)

OJ No. L194, 27.7.1999, p.49.

(6)

OJ No. L194, 27.7.1999, p.53.

(7)

OJ No. L193, 29.7.2000, p.39.

(8)

OJ No.L63, 3.8.2001, p.21.

(9)

OJ No. L64, 6.3.2001, p.13.