Energy Crops Regulations 2000 (S.I. No. 3042 of 2000).

These Regulations, supplement the Community legislation listed in the Schedule to the Regulations. This Community legislation inter alia provides for assistance to be paid from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund towards investment in agricultural holdings and the afforestation of both agricultural and non-agricultural land. The Regulations operate within the scope of these provisions to encourage the development of the energy crops sector in the interests of increasing energy production from renewable sources and contributing to the fulfilment of international commitments. The Regulations enable assistance to be paid for projects involving the establishment of miscanthus and short rotation coppice for subsequent use in equipment or a plant which produces energy through the use of such crops as a fuel supply. The Regulations also enable assistance to be paid for projects involving the formation of producer organizations for the purposes of managing the production and supply of short rotation coppice. They implement a part of the England Rural Development Programme, and provide for the payment of financial assistance by the Minister of Agriculture, Fisheries and Food in respect of those projects which he has approved (reg. 3). Such projects may be approved if they: (i) are projects for the establishment of energy crops, or involving the formation of a producer organization for the purposes of managing the production and supply of short rotation coppice; (ii) are in accordance with that part of the ERDP which relates to expenditure for which support may be granted pursuant to Article 4, 30 or 31 of Council Regulation (EC) No. 1257/1999; and (iii) satisfy certain criteria as to the nature of the land on which the crops are established and the use of those crops after harvesting; (reg. 5). In addition, the Regulations provide for the making of claims for, and the payment of, financial assistance following approval (regs. 6 and 7) and also contain provisions creating obligations on those in receipt of financial assistance concerning the provision of information (reg. 8) and record-keeping (reg. 9).