UK Offence Report

The Agricultural Processing and Marketing Grant (Wales) Regulations 2001

Welsh Statutory Instrument 2001 No. 2446 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
3 July 2001
In force from
4 July 2001
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, which apply to Wales, supplement the Community legislation listed in the Schedule to the Regulations (“the Community legislation”). The Community legislation provides, amongst other things, for support to be paid from the European Agricultural Guidance and Guarantee Fund (“Community support”) towards investment for the improvement of the processing and marketing of agricultural products. The Regulations operate within the scope of these provisions to enable grant to be paid towards expenditure incurred in connection with operations involving such improvements. The Regulations make provision as part of the Rural Development Plan for Wales (“the RDPW”) and the Single Programming Document for Community structural assistance under Objective 1 for West Wales and the Valleys (“the SPD”), for the payment of grants by the National Assembly for Wales (“the National Assembly”) in respect of any expenditure it has approved (regulations 3 and 4). The Regulations provide for two types of grant to be paid; a Processing and Marketing Grant (in respect of operations costing £40,000 and over), and a Processing and Marketing Small Grant (in respect of operations costing in excess of £1,500 but less than £40,000). The maximum amount of grant available is to be 30 per cent of approved expenditure or 40 per cent of such expenditure where the operation is located within the Objective 1 area (regulation 5). Such expenditure may be approved if it is eligible for support under the Community legislation and is expenditure which falls within those parts of the RDPW or the SPD which concern the improvement of the processing and marketing of agricultural products (regulation 6). In particular, the Regulations implement and supplement Commission Regulation (EC) No. 1750/1999 (OJ No. L160, 26.6.99, p.80) laying down detailed rules for the application of Council Regulation (EC) No. 1257/ 1999 (OJ No. L160, 26.6.99, p.80)(“the Commission Regulation”). The Regulations provide for the making of claims for, and the payment of, grants following approval (regulations 7 and 8) and the provision of information, and the keeping of records, by recipients of financial support (regulations 9 and 10). Regulation 11 confers powers of entry and inspection on certain authorised persons (including officials of the European Commission). The Regulations implement Article 48(2) of the Commission Regulation (which requires Member states to determine a system of penalties to be imposed in the event of a breach of obligation) by granting the National Assembly powers to withhold or recover payments and take certain other action, including termination of the commitment (and of entitlement to payments in respect of it), in the event of a breach of an obligation arising under the regulations by a recipient of financial support (regulations 12, 13 and 14). Regulation 15 provides power to charge interest on sums recovered and regulation 16 provides that sums payable to the National Assembly are recoverable as debts. The Regulations also create offences in respect of the furnishing of false information for the purpose of obtaining aid and in respect of obstructing authorised persons in the exercise of their powers (regulation 17). The Regulations revoke, subject to a transitional saving, the Agricultural Processing and Marketing Grant Regulations 1995 (S.I. 1995/362). Copies of the Commission Decisions referred to in paragraphs 3 and 4 of the Schedule, the RDPW and the SPD, are available for inspection during normal office hours at the offices of the National Assembly for Wales, Agriculture Department, Cathays Park, Cardiff.

Offences created by this instrument

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