The Fisheries and Aquaculture Structures (Grants) Regulations 1995

UK Statutory Instrument 1995 No. 1576 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 20 June 1995
In force from: 22 June 1995
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations supplement Council Regulation (EEC) No. 3699/93 (OJ No. L346, 31.12.93, p.1) (“the Council Regulation”) which lays down the criteria and arrangements regarding Community structural financial assistance in the fisheries and aquaculture sector and the processing and marketing of its products, as read with— a Council Regulation (EEC) No. 2052/88 on the tasks of the Structural Funds and their effectiveness and on co-ordination of their activities between themselves and with the operations of the European Investment Bank and other existing financial instruments, as amended by Council Regulation (EEC) No. 2081/93 (O.J. No. L185, 15.7.88, p.9 and O.J. No. L193, 31.7.93, p.5), b Council Regulation (EEC) No. 4253/88 laying down provisions for implementing Regulation (EEC) No. 2052/88, as amended by Council Regulation (EEC) No. 2082/93 (O.J. No. L374, 31.12.88, p.1. and O.J. No. L193, 31.7.93, p.20), c Council Regulation (EEC) No. 2080/93 laying down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards the Financial Instrument for Fisheries Guidance (O.J. No. L193, 31.7.93, p.1), d Commission Notice 94/C180 laying down guidelines for global grants or integrated operational programmes for which Member States are invited to submit applications for assistance within the framework of a Community initiative (known as the Pesca initiative) concerning the restructuring of the fisheries sector (O.J. No. 94/C180, 1.7.94, p.1), e Commission Decision 94/638/EC on the adoption of the single programming document for Community structural assistance in the Highlands and Islands Enterprise area concerned by Objective 1 in the United Kingdom (O.J. No. L250, 26.9.94, p.56), and f Commission Decision 94/935/EC on the adoption of the Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in the United Kingdom (O.J. No. L364, 31.12.94, p.69) (“the Community Acts”). These Regulations provide for and regulate the payment of grants by Ministers towards expenditure in respect of specified types of investments or projects (“relevant operations”) which Ministers have approved for the payment of aid from the Financial Instrument for Fisheries Guidance in accordance with the Council Regulation and the Community Acts (“Community aid”) and regulate the payment of Community aid in respect of relevant operations which Ministers have so approved. Relevant operations consist of investments or projects in Great Britain relating to— a aquaculture (Article 11(1) of the Council Regulation); b the construction of protected underwater areas with a view to the development of coastal waters (Article 11(1) of the Council Regulation); c improvement of fishing port facilities (Article 11(1) of the Council Regulation); d processing and marketing of fisheries and aquaculture products (Article 11(1) of the Council Regulation); e promotion of fisheries and aquaculture products (Article 12 of the Council Regulation); f any measure falling within Part IV of Commission Notice 94/C180. In addition relevant operations consist of investments or projects in the United Kingdom in respect of the modernisation of fishing vessels (Article 10(2) of the Council Regulation). These cover— a any investments or projects where modernisation of the vessel takes the form of the acquisition, installation, modification, renewal or replacement of any equipment required for, or installed or used on or in, the vessel (excluding engines or other machinery for propelling the vessel or any items of a structural nature) for the purpose of obtaining for that vessel a fishing vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 (SI 1975/330), as amended; b as regards any investments or projects relating to other types of vessel modernisation, vessel modernisation measures in the Highlands and Islands Enterprise area of Scotland falling within the single programming document for Community structural assistance approved by Commission Decision 94/638/EC. The Regulations lay down a procedure for the making and approval of applications for approval of relevant operations and expenditure (regulations 4 and 5) for the purpose of grant and Community aid (“financial assistance”). Financial assistance is dependent on proof of expenditure incurred and proper execution of the relevant operation (regulation 6). The rate of grant payable by Ministers, being an amount sufficient to enable relevant operations to qualify for Community aid, is specified (regulation 7). Provision is made concerning the method of payment of financial assistance (regulation 8) and Ministers may require undertakings to be given by a person whose application is approved (regulation 9). For a period of three years from the last payment of grant in respect of a relevant operation approved under the Regulations applicants are required to retain certain records (regulation 10). They are required, on request, to give assistance to authorised officers of the Ministers, who are given powers of entry and inspection for specified purposes (regulations 11 to 13) and provision is made for the reduction, withholding and recovery of financial assistance paid in certain circumstances (regulation 14). The Regulations create and make provision in connection with the prosecution of offences in respect of false statements made to obtain financial assistance and failure to comply with requests made by, or the obstruction of, authorised officers in exercise of their powers of entry and inspection and prescribe penalties for such offences (regulations 15 and 16).

Offences created by this instrument

If any person, for the purposes of obtaining financial assistance for himself or any other person— a in furnishing any… regulation 15(1) · Status not determined · Requires proof of a state of mind
If any person— a fails to comply with the requirement imposed by regulation 10; or b fails to comply with a request… regulation 15(2) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Sea Fisheries Commons · Commons Chamber · 18 July 1995 · Mr. Baldry
The 1975 safety code does not require significant safety measures for vessels under 12 m. Once the new safety code for those vessels is finalised, of course I shall consider carefully whether there are any implications for the safety grant scheme. I hope that the hon. Gentleman and the industry will be reassured by that. Grant rates are unchanged. Vessels between 12 m and 33 m will receive 30 per cent. and those above 33 m, 10 per cent. In due course, some of those eligible under the present national scheme will be able instead to receive EC grant for safety work under the Fisheries and…

How Parliament handled it

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