Explanatory note

These Regulations, which come into operation on 15th October 2008, supplement the Community legislation listed in the Schedule to the Regulations (“the Community legislation”). The Community legislation inter alia provides for assistance to be paid from the European Agricultural Fund for Rural Development (EAFRD) towards operations which promote rural development by facilitating the improvement of the quality of life in rural areas and diversification of the rural economy. They also provide for the use of local action groups to assist with the delivery of rural development. The Northern Ireland Rural Development Programme 2007-2013 is co-funded by the EAFRD and the UK Exchequer.

The Regulations also implement Article 74(1) of Council Regulation (EC) No. 1698/2005 (O.J. No. L277, 21.10.2005, p. 1) (“the Council Regulation”) and Article 9(1) of Council Regulation (EC) No. 1290/2005 (O.J. No. L209, 11.8.2005, p. 1), which requires Member States to adopt legislative and administrative provisions to ensure that the Community’s financial interests in relation to expenditure on rural development are effectively protected.

The Regulations operate within the scope of the Community legislation by enabling financial assistance to be paid by the Department of Agriculture and Rural Development (“the Department”) or its agents or an accountable body in respect of operations which it or they have approved (regulation 3). Such operations may be approved if they are eligible for assistance under the Community legislation and are in accordance with Article 52 of the Council Regulation (regulation 5).

The Regulations provide for the making of claims for, and the payment of, financial assistance following approval (regulations 6 and 7) and also impose obligations concerning the provision of information (regulation 8) and record-keeping (regulation 10) on those in receipt of financial assistance. In addition, they introduce a system of penalties to be imposed in the event of a breach of obligations by granting the Department various powers to take action, up to and including termination of the approval, in the event of breaches of the conditions of an approval and in a number of other cases (regulations 11 to 13). Regulation 9 confers powers of entry and inspection on certain authorised persons (including officials of the Commission), whilst regulation 19 creates offences in respect of the furnishing of false information for the purpose of obtaining financial assistance and in respect of obstruction.

The Regulations also revoke the Rural Development (Financial Assistance) Regulations (Northern Ireland) 2001 subject to the savings and amendments in regulation 21.