The European Fisheries Fund (Grants) (Wales) Regulations 2009

Interpretation

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

• “application” (“cais”) means an application for payment of financial assistance under regulation 3(1), and “applicant” (“ceisydd”) is to be construed accordingly;

• “approval” (“cymeradwyaeth”) means an approval granted under regulation 5 and includes the terms and conditions subject to which such approval has been given, and “approve” (“cymeradwyo”) and “approved” (“a gymeradwywyd”) are to be construed accordingly;

• “approved operation” (“gweithrediad a gymeradwywyd”) means a relevant operation which the Welsh Ministers have approved in writing;

• “authorised officer” (“swyddog awdurdodedig”) means a person authorised in writing to be an officer for the purposes of these Regulations by the Welsh Ministers, and includes any duly appointed official of the Commission who accompanies such an authorised officer;

• “beneficiary” (“buddiolwr”) means a person whose application for financial assistance has been approved, and “beneficiaries” (“buddiolwyr”) will 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 European Fisheries Fund and payable in accordance with Council Regulation 1198/2006 and Commission Regulation 498/2007;

• “Community fishing vessel” (“cwch pysgota Cymunedol”) means a fishing boat flying the flag of and registered in a Member State of the European Community;

• “Council Regulation 1198/2006” (“Rheoliad y Cyngor 1198/2006”) means Council Regulation (EC) No. 1198/2006 of 27 July 2006 on the European Fisheries Fund (1);

• “Commission Regulation 498/2007” (“Rheoliad y Comisiwn 498/2007”) means Commission Regulation (EC) No. 498/2007 of 26 March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No. 1198/2006 on the European Fisheries Fund (2);

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

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

• “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, means the sterling three month London interbank offered rate in force for that day as notified to the Welsh Ministers by the Bank of England, rounded if necessary to two decimal places;

• “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;

• “relevant documents” (“dogfennau perthnasol”) means any receipt, 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) Expressions used in these Regulations which appear or are referred to in Council Regulation 1198/2006 or Commission Regulation 498/2007 and which are not defined in this regulation have, unless the context otherwise requires, the same meaning in these Regulations as in that legislation.

(3) Any reference in these Regulations to Council Regulation 1198/2006 or Commission Regulation 498/2007 is a reference to those instruments as amended from time to time.

(4) Any reference in these Regulations to a numbered regulation is, unless the context otherwise requires, to be construed as a reference to the regulation so numbered in these Regulations.

(5) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(3), which has been recorded and is consequently capable of being reproduced.

(1)

OJ No. L223, 15.8.2006, p.1.

(2)

OJ No. L120, 10.5.2007, p.1.

(3)

2000 c. 7.