Statutory Instrument 2000 No. 3046

The Agricultural Processing and Marketing Grants Regulations 2000

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STATUTORY INSTRUMENTS

2000 No. 3046
AGRICULTURE, ENGLAND
The Agricultural Processing and Marketing Grants Regulations 2000

	Made	9th November 2000
	Laid before Parliament	14th November 2000
	Coming into force	5th December 2000

The Minister of Agriculture, Fisheries and Food, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community and matters relating to the promotion of rural development, in exercise of the powers conferred on him by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Title, commencement and extent
     1. - (1) These Regulations may be cited as the Agricultural Processing and Marketing Grants Regulations 2000 and shall come into force on 5th December 2000.

    (2) These Regulations shall extend to England only.

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

"approved expenditure" means, in relation to any operation, expenditure which the Minister has approved under these Regulations for the receipt of financial support, and "approve" and "approval" shall be construed accordingly;

"beneficiary" means a person who has been granted approval for expenditure in connection with an operation;

"Community support" means support from the European Agricultural Guidance and Guarantee Fund payable in accordance with the Community legislation;

"the Community legislation" means the instruments listed in the Schedule to these Regulations, in so far as they relate to expenditure for which support may be granted pursuant to Articles 25 to 28 of Council Regulation 1257/1999/EC;

"Council Regulation 1257/1999/EC" means Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)[

"the ERDP" means the England Rural Development Programme approved by the Commission Decision referred to in the Schedule to these Regulations, and "the relevant part of the ERDP" means that part of the ERDP which relates to expenditure for which support may be granted pursuant to Articles 25 to 28 of Council Regulation 1257/1999/EC;

"financial support" means an amount paid or payable under these Regulations;

"the Minister" means the Minister of Agriculture, Fisheries and Food;

"operation" means an investment or project;

"public funds" means monies made available by -

    (2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.

Grants to improve processing and marketing of agricultural products
     3. - (1) The Minister may pay a grant to a beneficiary towards approved expenditure incurred in connection with an operation.

    (2) The amount of any such grant shall be 30 per cent of approved expenditure or, if any other grant is payable from public funds in relation to the approved expenditure, such other amount as, when added to that other grant, would lead to a value of 30 per cent of the approved expenditure.

    (3) The minimum cost of an operation in connection with which a grant is paid under paragraph (1) shall be Ł70,000.

    (4) The maximum grant payable under this regulation in respect of any operation shall be Ł1,200,000.

Approval of expenditure
     4. - (1) An application for the approval of expenditure in connection with an operation shall be made in such form and at such time as the Minister reasonably may require.

    (2) An application shall contain such other information as the Minister reasonably may require.

    (3) The Minister may refuse to approve expenditure in connection with an operation, or approve it in whole or in part, but, in doing either, he shall have regard to the benefits such an approval would have on small and medium-sized enterprises, and, in any event, he shall not approve it unless he is satisfied that it is eligible for Community support and is in accordance with the relevant part of the ERDP.

    (4) Approval may be given subject to such conditions as the Minister may determine.

    (5) The Minister may vary any approval by varying any condition to which it is subject, or imposing conditions.

    (6) Before varying an approval under paragraph (5), the Minister shall -