The European Maritime and Fisheries Fund (Grants) (Scotland) Regulations 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/359 |
| Year | 2015 |
(1) These Regulations may be cited as the European Maritime and Fisheries Fund (Grants) (Scotland) Regulations 2015 and come into force on 30th November 2015.(2) Subject to regulation 12, these Regulations extend to Scotland only.(3) So far as these Regulations extend beyond Scotland, they do so only as a matter of Scots law.(1) In these Regulations—who has applied for a grant; and whose application the Scottish Ministers have approved in respect of eligible expenditure incurred in connection with a relevant operation. (1) An application must be made in such form and manner and include such information as the Scottish Ministers may from time to time require.(2) An application must be made at such time and be delivered to such address as the Scottish Ministers may from time to time require.(3) An applicant must provide any further information and documents relating to the application as the Scottish Ministers may from time to time require.refuse to approve an application; orapprove an application in whole or in part, either unconditionally or subject to such conditions as the Scottish Ministers may determine.(2) The Scottish Ministers may at any time vary an approval by amending any conditions to which it has been made subject, or by adding conditions.an applicant in writing of their decision in respect of an application;a beneficiary of any conditions to which their approval has been made subject or which has been varied under this regulation.an applicant of a refusal to approve an application;a beneficiary of the approval of an application subject to conditions; ora beneficiary of the variation of the terms of an existing approval.written reasons for the decision; andan opportunity to make representations in relation to that decision within such reasonable time as is notified to the applicant or beneficiary by the Scottish Ministers.consider any representations received under paragraph (5) (b) ;make a decision which either confirms their original decision or substitutes a
- “application” means an application for payment of a grant under regulation 3, and “applicant” is to be construed accordingly;
- “approval” means approval of an application under regulation 5 and includes any conditions subject to which that approval has been given, and “approve” and “approved” are to be construed accordingly;
- “approved operation” means a relevant operation which the Scottish Ministers have approved;
- “authorised officer” means a person authorised in writing by the Scottish Ministers to act in matters arising under these Regulations or the EU Regulations;
- “beneficiary” means a person whose application has been approved;
- “Common Provisions Delegated Regulation” means Commission Delegated Regulation (EU) No 480/2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund;
- “Common Provisions Regulation” means Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006;
- “eligible expenditure” means expenditure which has been incurred in connection with an approved operation and which the Scottish Ministers have approved for the purpose of receiving a grant under regulation 5;
- “EMFF Regulation” means Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council;
- “EMFF Implementing Regulation” means Commission Implementing Regulation (EU) No 771/2014 laying down rules pursuant to Regulation (EU) No 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund with regard to the model for operational programmes, the structure of the plans for the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, the model for the transmission of financial data, the content of the ex ante evaluation reports and the minimum requirements for the evaluation plan to be submitted under the European Maritime and Fisheries Fund;
- “EU aid” means aid towards eligible expenditure from the European Maritime and Fisheries Fund and payable in accordance with the EU Regulations;
- “EU Regulations” means the—
- (a) Common Provisions Delegated Regulation;
- (b) Common Provisions Regulation;
- (c) EMFF Regulation; and
- (d) EMFF Implementing Regulation;
- “grant” means a payment of grant under these Regulations;
- “relevant condition” means any condition relating to—
- (a) the approval of an application under regulation 5(1) (b) ; or
- (b) the making of a payment of any grant which has been notified to a beneficiary under regulation 5(3) (b) or 7;
- “relevant document” means any invoice, account, drawing, plan, technical specification or other document relating to the approved operation; and
- “relevant operation” means an investment, project or action which is eligible for EU aid.
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