Date: 2019-03-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Regulation (EU) 2019/491 of the European Parliament and of the Council of 25 March 2019 in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the Union
Executive Summary:
Regulation (EU) 2019/491 addresses the continuation of the PEACE IV Ireland-United Kingdom and United Kingdom-Ireland Ireland-Northern Ireland-Scotland cooperation programmes following the UK's withdrawal from the EU. It ensures the programmes continue even without a withdrawal agreement by the date the Treaties cease to apply to the UK. The regulation allows for continued financing and management of these programmes, adapting existing regulations to accommodate the UK's changed status. The Regulation entered into force on the day following its publication in the Official Journal of the European Union and applies from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU, unless a withdrawal agreement has entered into force by that date.
Key Points / Main Content:
General Provisions:
* Regulation applies if no withdrawal agreement is in force when the Treaties cease to apply to the UK.
* Regulation (EU) No 1299/2013 continues to apply to the cooperation programmes, subject to the provisions of this regulation.
Geographical Coverage:
* Cooperation programmes may cover participating regions in the UK equivalent to NUTS level 3 regions, notwithstanding Article 20(2) and (3) of Regulation (EU) No 1299/2013.
Programme Authorities:
* The Special EU Programmes Body (SEUPB) continues to host the managing and certifying authority.
* The Department of Finance of Northern Ireland remains the audit authority.
Commission Competences:
* The Commission and UK authorities must agree on the application of rules for controls and audits, covering the entire programme period.
* Failure to execute necessary controls and audits constitutes a serious deficiency in the management and control system, potentially leading to interruption of payments, suspension of payments, and financial corrections.
Eligibility of Operations:
* The location-based ceiling in Article 20(2)(b) of Regulation (EU) No 1299/2013 does not apply to the cooperation programmes.
Entry into Force:
* The regulation entered into force on the day following its publication in the Official Journal of the European Union.
* It applies from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU, unless a withdrawal agreement has entered into force by that date.
Impact Analysis:
European Commission:
* Impact: Responsible for agreeing on control and audit procedures with the UK and ensuring programmes adhere to regulations.
* Action Required: Conclude an administrative agreement with the UK authorities to allow for the necessary controls and audits of the cooperation programmes
United Kingdom Authorities:
* Impact: Continued participation in cooperation programmes, but subject to Commission controls and audits. Remains liable for financial obligations assumed as a Member State.
* Action Required: Agree on control and audit procedures with the Commission.
Special EU Programmes Body (SEUPB):
* Impact: Continues to manage and certify the cooperation programmes.
* Action Required: Continue to exercise its functions as the managing authority and the certifying authority of the cooperation programmes
Department of Finance of Northern Ireland:
* Impact: Remains the audit authority for the cooperation programmes.
* Action Required: Continue to fulfill its duties as the audit authority of the cooperation programmes.
Participating Regions in the UK (NUTS level 3):
* Impact: Remain eligible for coverage under the cooperation programmes.
* Action Required: Ensure compliance with programme requirements and regulations.
Key Entities Referenced
European Parliament: One of the legislative bodies of the European Union, directly elected by EU citizens.
Council of the European Union: Also known as the Council, it is a legislative body of the European Union comprised of government ministers from each member state.
United Kingdom: A country that was formerly a member state of the European Union and subject of the withdrawal agreement discussed in the text.
European Union: A political and economic union of member states located primarily in Europe.
Northern Ireland: A region of the United Kingdom, specifically mentioned for its involvement in cooperation programs.
Ireland: A country involved in the PEACE IV and other cooperation programs with the United Kingdom and Northern Ireland.
PEACE IV IrelandUnited Kingdom: A territorial cooperation program between Ireland and the United Kingdom focused on peace and reconciliation.
Special EU Programmes Body (SEUPB): The managing authority and certifying authority for the cooperation programs mentioned in the regulation.
27.3.2019 EN Official Journal of the European Union L 85 I/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) 2019/491 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 March 2019
in order to allow for the continuation of the territorial cooperation programmes PEACE IV
(Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the
context of the withdrawal of the United Kingdom from the Union
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty of the Functioning of the European Union, and in particular, Article 178 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United
Kingdom from the date of entry into force of a withdrawal agreement or, failing that, two years after that
notification, namely from 30 March 2019, unless the European Council, in agreement with the United Kingdom,
unanimously decides to extend that period.
(2) The withdrawal will occur during the programming period 2014-2020 in which the United Kingdom is partici
pating in 15 cooperation programmes under the European territorial cooperation goal. Two of those
programmes, namely PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-
Scotland) (jointly referred to as the ‘cooperation programmes’), are programmes involving Northern Ireland and
support peace and reconciliation and North-South cooperation under the Northern Ireland Peace Agreement (the
‘Good Friday Agreement’) that the Union intends to continue even if the United Kingdom withdraws from the
Union without a withdrawal agreement having entered into force by the date the Treaties cease to apply to the
United Kingdom pursuant to Article 50(3) TEU. Therefore, this Regulation should be limited to those cooperation
programmes.
(1) Opinion of 20 February 2019 (not yet published in the Official Journal).
(2) Position of the European Parliament of 13 March 2019 (not yet published in the Official Journal) and decision of the Council of
19 March 2019.L 85 I/2 EN Official Journal of the European Union 27.3.2019
(3) The cooperation programmes are in particular governed by Regulations (EU) No 1299/2013 (3), (EU)
No 1303/2013 (4) and (EU, Euratom) 2018/1046 (5) of the European Parliament and of the Council. This
Regulation should lay down provisions in order to allow, following the United Kingdom's withdrawal from the
Union, for the continuation of the cooperation programmes in accordance with those Regulations.
(4) As regards the cooperation programmes, the managing authority is located in the Special EU Programmes Body
(‘SEUPB’) set up under the Agreement between the Government of Ireland and the Government of the United
Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies signed on 8 March 1999. As
the cooperation programmes involve Northern Ireland, they should continue with the necessary complementing
provisions.
(5) For the purposes of the continuation of the cooperation programmes, it should be clarified that, without
prejudice to Article 20(2) and (3) of Regulation (EU) No 1299/2013, they may cover the participating regions in
the United Kingdom, which should be equivalent to NUTS level 3 regions.
(6) For the purposes of the continuation of the cooperation programmes with financing from the Union general
budget, an administrative agreement should be concluded between the Commission and the authorities of the
United Kingdom with effect as from the date on which the Treaties cease to apply to the United Kingdom to
allow for the necessary controls and audits of the cooperation programmes. If such controls and audits cannot be
carried out, the Commission should have the possibility to interrupt payment deadlines, suspend payments and
apply financial corrections, as laid down in Articles 83, 142, 144 and 145 of Regulation (EU) No 1303/2013.
(7) In accordance with Article 76 of Regulation (EU) No 1303/2013, the Commission implementing decisions
approving the PEACE IV (Ireland-United Kingdom) programme of 30 November 2015 and the Interreg VA
programme of 12 February 2015 are to continue to constitute a financing decision within the meaning of
Regulation (EU, Euratom) 2018/1046 and hence a legal commitment within the meaning of Regulation (EU,
Euratom) 2018/1046. The United Kingdom remains liable for its financial obligations assumed as a Member State
which relate to these legal commitments of the Union.
(8) The United Kingdom will cease to be, from the date that the Treaties cease to apply to it, part of the Union part
of the programme area within the meaning of Article 20(1) of Regulation (EU) No 1299/2013. Therefore, the
provisions of that Regulation on the eligibility of operations depending on location should be adapted.
(9) Since the objective of this Regulation, namely to allow, following the United Kingdom's withdrawal from the
Union, for the continuation of the cooperation programmes, cannot be sufficiently achieved by the Member
States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt
measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the
principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in
order to achieve this objective.
(10) In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation
should enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation should only apply in a situation where no withdrawal agreement concluded with the United
Kingdom in accordance with Article 50(2) TEU has entered into force by the date the Treaties cease to apply to
the United Kingdom pursuant to Article 50(3) TEU,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation lays down provisions to address the consequences of the withdrawal of the United Kingdom from
the Union in a situation where no withdrawal agreement concluded with the United Kingdom in accordance with
Article 50(2) TEU has entered into force by the date on which the Treaties cease to apply to the United Kingdom
(3) Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the
support from the European Regional Development Fund to the European territorial cooperation goal (OJ L 347, 20.12.2013, p. 259).
(4) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 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 (OJ L 347, 20.12.2013, p. 320).
(5) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to
the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU)
No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and
repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).27.3.2019 EN Official Journal of the European Union L 85 I/3
pursuant to Article 50(3) TEU, and with regard to the continuation of the following two cooperation programmes
covered by Regulation (EU) No 1299/2013 with the participation of the United Kingdom (jointly referred to as the
‘cooperation programmes’):
(1) PEACE IV (Ireland-United Kingdom);
(2) United Kingdom-Ireland (Ireland-Northern Ireland-Scotland).
2. Regulation (EU) No 1299/2013 shall continue to apply to the cooperation programmes subject to this Regulation.
Article 2
Geographical coverage
Without prejudice to Article 20(2) and (3) of Regulation (EU) No 1299/2013, the cooperation programmes may cover
the participating regions in the United Kingdom, which shall be equivalent to NUTS level 3 regions.
Article 3
Programme authorities
By way of derogation from Article 21(1) of Regulation (EU) No 1299/2013:
— the Special EU Programmes Body (SEUPB) hosting the managing authority and the certifying authority of the
cooperation programmes shall continue to exercise its functions,
— the Department of Finance of Northern Ireland shall remain the audit authority of the cooperation programmes.
Article 4
Commission competences regarding controls
The application of the rules regarding the controls and audit of the cooperation programmes shall be agreed between
the Commission and the authorities of the United Kingdom. The controls and audits shall cover the entire period of the
cooperation programmes.
If the necessary controls and audit of the cooperation programmes cannot be executed in all regions concerned, this
shall be considered to constitute a serious deficiency in the management and control system for the purposes of
measures as laid down in Articles 83, 142, 144 and 145 of Regulation (EU) No 1303/2013.
Article 5
Eligibility of operations depending on location
The ceiling set out in point (b) of Article 20(2) of Regulation (EU) No 1299/2013 shall not apply to the cooperation
programmes.
Article 6
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
It shall apply from the day following that on which the Treaties cease to apply to the United Kingdom pursuant to
Article 50(3) TEU.
However, this Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance
with Article 50(2) TEU has entered into force by the date referred to in the second paragraph of this Article.L 85 I/4 EN Official Journal of the European Union 27.3.2019
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 25 March 2019.
For the European Parliament For the Council
The President The President
A. TAJANI G. CIAMBA