Council Regulation (EC) No 2236/2002 of 10 December 2002 concerning Community financial contributions to the International Fund for Ireland (2003-2004)
Date: 2002-12-10
Institutions: Council of the European Union
Subjects: EU financing, Ireland, cross-border cooperation, international aid, peacekeeping

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 2236/2002

of 10 December 2002

concerning Community financial contributions to the International Fund for Ireland (2003-2004)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

The assessments carried out in accordance with Article 5
of Regulation (EC) No 214/2000 have confirmed the
need for further support for Fund activities, while rein-
forcing synergy of objectives and coordination with
Community Structural Funds interventions, in particular
with the Special Programme for Peace and Reconciliation
in Northern Ireland and the Border Counties of Ireland
(hereinafter ‘the PEACE Programme’).

(7)

Regulation (EC) No 214/2000 expires on 31 December
2002.

(1)

(2)

(3)

(4)

(5)

The International Fund for Ireland (hereinafter ‘the Fund’)
was established in 1986 by the Agreement of 18
September 1986 between the Government of
Ireland
and the Government of the United Kingdom of Great
Britain and Northern Ireland concerning the Interna-
tional Fund for Ireland (hereinafter ‘the Agreement’) in
order to promote economic and social advance, and to
encourage contact, dialogue and reconciliation between
nationalists and unionists throughout Ireland, in imple-
the objectives specified by the
mentation of one of
Anglo-Irish Agreement of 15 November 1985.

(8)

(9)

The peace process in Northern Ireland requires a conti-
nuation of Community support to the Fund beyond that
date.

At its meeting in Berlin on 24 and 25 March 1999, the
European Council decided that the PEACE Programme
should be continued for five years, that is to say, from
2000 until 2004, with a total Community contribution
of EUR 500 million.

The sum of ECU 15 million a year has been provided
from the Community budget from 1989 until 1995 to
support projects of the Fund which have a genuine addi-
tional impact in the areas concerned.

Pursuant to Council Regulation (EC) No 2687/94 of 31
October 1994 on Community financial contributions to
the International Fund for Ireland (2), the sum of ECU 20
million was committed from the Community budget for
each of the years 1995, 1996 and 1997.

Pursuant to Council Regulation (EC) No 2614/97 of 15
December 1997 on Community financial contributions
to the International Fund for Ireland (3), the sum of ECU
17 million was committed from the Community budget
for each of the years 1998 and 1999.

Pursuant to Council Regulation (EC) No 214/2000 of 24
January 2000 on Community financial contributions to
the sum of
the International Fund for
EUR 15 million was committed from the Community
budget for each of the years 2000, 2001 and 2002.

Ireland (4),

(10)

The Community contribution to the Fund should take
the form of financial contributions for the years 2003
and 2004, thus terminating at the same time as the
PEACE programme.

(11)

In allocating the Community contribution,
the Fund
should give priority to projects of a cross-border or
cross-community nature, in such a way as to comple-
ment the activities funded by the PEACE programme for
the period 2000 to 2004.

(12)

In accordance with the Agreement, all financial contribu-
tors to the Fund participate as observers at the meetings
of the Fund's Board (hereinafter ‘the Board’).

(1) Opinion delivered on 20 November 2002 (not yet published in the

Official Journal).

(2) OJ L 286, 5.11.1994, p. 5.
(3) OJ L 353, 24.12.1997, p. 5.
(4) OJ L 24, 29.1.2000, p. 7.

(13)

It is vital to ensure proper coordination between the
activities of
the Fund and those financed under the
Community Structural Funds provided for by Article
159 of the Treaty, in particular the PEACE programme.

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(14) Assistance from the Fund will be regarded as effective
only in so far as it brings about sustainable economic
and social improvement and is not used as a substitute
for other public or private expenditure.

(15) An assessment reviewing the performance of the Fund
and the need for further Community support should be
carried out before 1 April 2004.

(16) A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the Commission on budgetary discipline and improve-
ment of the budgetary procedure (1) is included in this
Regulation for the entire duration of the programme,
without thereby affecting the powers of the budgetary
authority as they are defined by the Treaty. The amount
of the Community contribution to the Fund should be
EUR 15 million for each of the years 2003 and 2004,
expressed in current values.

(17)

(18)

That support will contribute to reinforcing solidarity
between the Member States and between their peoples.

The Treaty provides for no powers other than those in
Article 308 thereof for the adoption of this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Subject to the annual budget procedure and in accordance with
the second paragraph of point 34 of
the Interinstitutional
Agreement of 6 May 1999 between the European Parliament,
the Council and the Commission on budgetary discipline and
improvement of the budgetary procedure, an annual contribu-
tion of EUR 15 million shall be made to the Fund for each of
the years 2003 and 2004, amounting to a total contribution of
EUR 30 million.

Article 2

The contribution shall be used by the Fund in accordance with
the Agreement under which it was established, priority being
given to projects of a cross-border or cross-Community nature,
in such a way as to complement the activities financed by the
Community Structural Funds, and especially the activities of the
PEACE Programme.

It shall be used in such a way as to bring about sustainable
economic and social improvement in the areas concerned. It
shall not be used as a substitute for other public and private
expenditure.

Article 3

The Commission shall represent the Community as an observer
at the meetings of the Board.

The Fund shall be represented as an observer at the Monitoring
Committee meetings of the PEACE programme, and of other
Community Structural Funds interventions, as appropriate.

(1) OJ C 172, 18.6.1999, p. 1.

Article 4

The Commission shall foster coordination at all levels between
the Fund's Board and agents, and the managing bodies set up
under
interventions
concerned, in particular under the PEACE programme.

the Community

Structural

Funds

Article 5

The Commission shall, in cooperation with the Board, deter-
mine appropriate publicity and information procedures in
order to publicise the Community's contribution to the projects
financed by the Fund.

Article 6

By 31 March 2004 at the latest, the Commission shall submit a
report to the budgetary authority, assessing the results of the
activities of the Fund and the need for continuing contributions
beyond 2004, taking into account developments in the peace
process in Northern Ireland. That report shall incorporate, inter
alia, the following:

(a) a survey of the Fund's activities;

(b) a list of projects which have received aid;

(c) an assessment of the nature and impact of the Fund's activ-
ities, notably in relation to its objectives and the criteria laid
down in Articles 2 and 8;

(d) an assessment of action taken by the Fund as regards coop-
eration and coordination with Community Structural Funds
interventions, taking account, in particular, of obligations
under Articles 3, 4 and 5;

(e) an annex setting out the results of the verifications and
controls carried out by the Commission pursuant to the
undertaking referred to in Article 7.

Article 7

The Commission shall administer the contributions.

Subject to an assessment of the Fund's financial needs, the
annual contribution shall normally be paid in instalments as
follows:

(a) a first advance payment of 40 % shall be made after the
Commission has received an undertaking, signed by the
Chairman of the Board, to the effect that the Fund will
comply with the conditions attaching, in accordance with
this Regulation, to the grant of the contribution;

(b) a second advance payment of 40 % shall be made six

months later;

(c) a final payment of 20 % shall be made after the Commis-
sion has received and accepted the Fund's annual activity
report and audited accounts for the year in question.

If the assessment referred to in the second subparagraph leads
to the conclusion that, at the material date, the Fund's financial
needs do not justify payment of one of those instalments, the
payment concerned shall be suspended until such time as the
Commission concludes, on the basis of new information
provided by the Fund, that it is justified.

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Article 8

The contribution referred to in Article 1 shall be subject to the
condition that, in the case of an operation which receives or is
due to receive financial assistance under a Community Struc-
tural Funds intervention, a contribution from the Fund may be
allocated to that operation only if the sum arrived at when the
figure representing 40 % of the amount of the Fund's contribu-

tion is added to the figure representing the amount of assis-
tance from the Community Structural Funds does not exceed
75 % of the operation's total eligible costs.

Article 9

This Regulation shall enter into force on 1 January 2003.

It shall expire on 31 December 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 December 2002.

For the Council

The President

P. S. MØLLER