Council Regulation (EC) No 177/2005 of 24 January 2005 concerning Community financial contributions to the International Fund for Ireland (2005-2006)
Date: 2005-01-24
Institutions: Council of the European Union
Subjects: EU financing, Ireland, Northern Ireland, international aid, peacekeeping

3.2.2005

EN

Official Journal of the European Union

L 30/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 177/2005

of 24 January 2005

concerning Community financial contributions to the International Fund for Ireland (2005-2006)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 308 thereof,

establishing the European

Having regard to the proposal from the Commission,

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

Whereas:

(1)

(2)

(3)

The International Fund for Ireland (hereinafter ‘the Fund’)
was established in 1986 by the Agreement of 18
Ireland
September 1986 between the Government of
and the Government of the United Kingdom of Great
Britain and Northern Ireland concerning the International
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 implementation of
one of
specified by the Anglo-Irish
the objectives
Agreement of 15 November 1985.

for each of

The Community has provided financial contributions to
the Fund from 1989. For the period 2003 to 2004
EUR 15 million was committed from the Community
the years 2003 and 2004 in
budget
(EC)
accordance with
No
2236/2002
concerning
Community financial contributions to the International
Ireland (2003–2004) (2). That Regulation
Fund for
expired on 31 December 2004.

Regulation
2002

10 December

Council

of

further

The assessments carried out in accordance with Article 6
of Regulation (EC) No 2236/2002 have confirmed the
need for
for Fund activities, while
continuing reinforcing synergy of objectives and coordi-
nation with Structural Funds interventions, in particular
with the Special Programme for Peace and Reconciliation
in Northern Ireland and the Border Counties of Ireland

support

(hereinafter ‘the PEACE Programme’) set up in accordance
with Council Regulation (EC) No 1260/1999 of 21 June
1999 laying down general provisions on the Structural
Funds (3).

The peace process in Northern Ireland requires a conti-
nuation of Community support to the Fund beyond 31
December 2004.

At its meeting in Brussels on 17 and 18 June 2004, the
European Council called on the Commission to examine
the possibility of aligning interventions under the PEACE
Programme and the International Fund for Ireland with
those of
the other programmes under the Structural
Funds that come to an end in 2006, including the impli-
cations in financial terms.

The Community contribution to the Fund should take
the form of financial contributions for the years 2005
and 2006,
the same time as an
extended PEACE programme.

thus terminating at

In allocating the Community contribution,
the Fund
should give priority to projects of a cross-border or
to
as
cross-community nature,
complement
PEACE
Programme.

a way
the

funded by

in such

activities

the

to the Fund participate as observers at

In accordance with the Agreement, all financial contri-
butors
the
meetings of
the International Fund for
Ireland.

the Board of

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

(4)

(5)

(6)

(7)

(8)

(9)

(10) Assistance from the Fund should 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.

(1) Opinion delivered on 14 December 2004 (not yet published in the

Official Journal).

(2) OJ L 341, 17.12.2002, p. 6.

(3) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 1105/2003 (OJ L 158, 27.6.2003, p. 3).

L 30/2

EN

Official Journal of the European Union

3.2.2005

(11) An assessment reviewing the performance of the Fund
and the need for further Community support should be
carried out before 1 April 2006.

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

improvement

(12) 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
and
improvement of the budgetary procedure (1) is included
in this Regulation for
the
the
programme, without
thereby affecting the powers of
the budgetary authority as they are defined by the Treaty.

entire duration of

Commission

budgetary

discipline

on

Article 3

The Commission shall represent the Community as an observer
at the meetings of ‘the Board’ of the Fund (hereinafter ‘the
Board’).

(13)

The amount of the Community contribution to the Fund
should be EUR 15 million for each of the years 2005
and 2006, expressed in current values.

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

(14)

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

Article 4

(15)

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

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

HAS ADOPTED THIS REGULATION:

Article 1

The financial reference amount for the implementation of the
Community contribution to the International Fund for Ireland
(hereinafter ‘the Fund’)
for the period 2005-2006 shall be
EUR 30 million.

Article 5

By 31 March 2006, 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
2006, taking into account developments in the peace process
in Northern Ireland. That report shall incorporate, inter alia, the
following:

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

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

Article 2

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

The contribution shall be used by the Fund in accordance with
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 International Fund
for Ireland (hereinafter ‘the Agreement’).

In allocating the contribution the Fund shall give priority to
projects of a cross-border or cross-community nature, in such
a way as to complement the activities financed by the Structural
Funds, and especially those of the Special Programme for Peace
and Reconciliation in Northern Ireland and the Border Counties
of
set up in
accordance with the first subparagraph of Article 7(4) of Regu-
lation (EC) No 1260/1999.

‘the PEACE Programme’)

Ireland (hereinafter

(c) an assessment of

the Fund’s
activities, notably in relation to its objectives and the
criteria laid down in Articles 2 and 7;

the nature and impact of

(d) an assessment of action taken by the Fund to ensure coop-
inter-
in particular, of obligations

eration and coordination with Structural Funds
ventions,
under Articles 3 and 4;

taking account,

(1) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
2003/429/EC of the European Parliament and of the Council (OJ
L 147, 14.6.2003, p. 25).

(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 6.

3.2.2005

EN

Official Journal of the European Union

L 30/3

Article 6

1.

The Commission shall administer the contributions.

Subject to paragraph 2, the annual contribution shall 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 Fund’s Board, to the effect that the Fund
will comply with the conditions for the grant of the contri-
bution set out in this Regulation;

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

months later;

If,

following that assessment,

basis of the Fund’s cash balance at the time scheduled for each
the Fund’s financial
payment.
needs do not justify payment of one of those instalments, the
payment concerned shall be suspended. The Commission shall
review that decision on the basis of new information provided
by the Fund and shall continue payments as soon as they are
considered justified.

Article 7

A contribution from the Fund may be allocated to an operation
which receives or is due to receive financial assistance under a
Structural Funds intervention, only if the sum of that financial
assistance, plus 40 % of the contribution from the Fund, does
not exceed 75 % of the operation’s total eligible costs.

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

Article 8

This Regulation shall enter into force on 1 January 2005.

2.
Before paying out an instalment the Commission shall
carry out an assessment of the Fund’s financial needs on the

It shall expire on 31 December 2006.

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

Done at Brussels, 24 January 2005.

For the Council
The President

F. BODEN