(This note is not part of the Regulations)
These Regulations, which extend to England only, supplement the Community legislation listed in the Schedule to the Regulations (“the Community legislation"). The Community legislationinter alia provides for assistance to be paid from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (“Community assistance") towards investment in agricultural holdings and promoting the adapting and development of rural areas. The Regulations operate within the scope of these provisions to encourage diversification by those in the agricultural sector, or to encourage rural development more generally, by enabling assistance to be paid for new agricultural or rural projects.
The Regulations implement a part of the England Rural Development Programme (“ERDP") approved by the European Commission under Article 44 of Council Regulation (EC) No. 1257/1999 (OJ No. L160, 26.6.1999, p. 80) and provide for the payment of financial assistance by the Minister of Agriculture, Fisheries and Food (“the Minister") in respect of those projects which he has approved (regulation 3). Such projects may be approved if they are in accordance with that part of the ERDP which relates to expenditure for which support may be granted pursuant to Article 4 or 33 of Council Regulation (EC) No. 1257/1999 (support for investment in agricultural holdings, and support for promoting the adaptation and development of rural areas, respectively), and are not projects which are eligible for financial assistance under the Energy Crops Regulations 2000 (S.I. 2000/ ) (regulation 5).
In addition, the Regulations provide for the making of claims for, and the payment of, financial assistance following approval (regulations 6 and 7) and also contain provisions creating obligations on those in receipt of financial assistance concerning the provision of information (regulation 8) and record-keeping (regulation 9).
Further provisions concerning enforcement matters and enabling the Minister to withhold or recover assistance in the event of a breach of the Regulations by an applicant or a beneficiary, and those respectively creating and specifying the resultant offences and penalties, are contained in the England Rural Development Programme (Enforcement) Regulations 2000 (S.I. 2000/3044).
No Regulatory Impact Assessment has been prepared in respect of these Regulations.
Copies of the Commission Decision referred to in paragraph 3 of the Schedule, and of the ERDP, are available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR.