The PEACE PLUS Programme (Northern Ireland) Regulations 2023

Made: 26th April 2023

Laid before Parliament: 27th April 2023

Coming into force: 18th May 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1)(c) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018[^f00001].

Citation, commencement and extent

1

• (1) These Regulations may be cited as the PEACE PLUS Programme (Northern Ireland) Regulations 2023.

• (2) They come into force on 18th May 2023.

• (3) They extend to Northern Ireland.

Amendment of the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999

2

• (1) The North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999([^f00002] is amended as follows.

• (2) After article 14 (implementation body for special EU programmes), insert—

(14A) (1) This article applies during the period beginning with the day on which the Financing Agreement[^f00003] enters into force and ending with 1st July 2032. (2) The Body has— (a) the functions of the managing authority, and (b) the accounting function. (3) When exercising the functions referred to in paragraph (2), the Body must comply with— (a) the EU instruments listed in Part 1 of Schedule 4A (basic acts) including as amended or replaced from time to time, to the extent they are relevant to the programme, (b) the EU instruments listed in Part 2 of Schedule 4A (relevant delegated and implementing acts), (c) any EU instrument which enters into force after the making of the PEACE PLUS Programme (Northern Ireland) Regulations 2023 and which supplements or implements an EU instrument listed in Part 1 of Schedule 4A, to the extent that instrument is relevant to the programme, and (d) the terms of the Financing Agreement, including as amended from time to time. (4) Before entering into a grant agreement with a beneficiary, the Body must ensure the terms of that agreement— (a) require the beneficiary to comply with the requirements of Article 6.3(2) of the Financing Agreement (which relate to visibility, communication and transparency activities), (b) meet the requirements of Article 11.3 of the Financing Agreement (which relate to certain intellectual property rights), and (c) meet the requirements of Article 11.4 of the Financing Agreement (which relate to the retention and availability of documents). (5) In this article— - “accounting function” has the meaning given by Article 76 of Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (“Regulation (EU) 2021/1060”)[^f00004]; - “beneficiary” has the meaning given by Article 2(9) of Regulation (EU) 2021/1060; - “Financing Agreement” means the Financing Agreement between the United Kingdom of Great Britain and Northern Ireland, Ireland and the European Commission on the PEACE PLUS Programme 2021-2027, done in Brussels on the 13th and 15th March 2023[^f00005]; - “functions of the managing authority” mean those functions conferred on the managing authority by— the EU instruments listed in Part 1 of Schedule 4A, including as amended or replaced from time to time, and the Financing Agreement, including as amended from time to time; - “grant agreement” means a document setting out the conditions for support in accordance with Article 22(6) of Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments (“Regulation (EU) 2021/1059”)[^f00006]; - “programme” means the Interreg cross-border cooperation programme PEACE PLUS for the programming period 2021 to 2027, as approved by Commission Implementing Decision C(2022) 4931 of 8 July 2022[^f00007], including as amended from time to time in accordance with Article 19 of Regulation (EU) 2021/1059.

• (3) After Schedule 4 (supplementary and transitional provisions in connection with the transfer of functions to Waterways Ireland), insert Schedule 4A as set out in the Schedule.

Functions of the Northern Ireland Department of Finance in relation to PEACE PLUS

3

• (1) This regulation applies during the period beginning with the day on which the Financing Agreement[^f00008] enters into force and ending with 1st July 2032.

• (2) The Department has the functions of the national authority for the purposes of the Financing Agreement (as set out in Articles 7.2 and 10.3 of the Financing Agreement).

• (3) The Department must act as the United Kingdom’s representative in the group of auditors (in accordance with Article 7.6 of the Financing Agreement).

• (4) In this regulation—

• “Financing Agreement” means the Financing Agreement between the United Kingdom of Great Britain and Northern Ireland, Ireland and the European Commission on the PEACE PLUS Programme 2021-2027, done in Brussels on the 13th and 15th March 2023;

• “Department” means the Northern Ireland Department of Finance;

• “group of auditors” has the meaning given by Article 7.6(2) of the Agreement;

• “programme” means the Interreg cross-border cooperation programme PEACE PLUS for the programming period 2021 to 2027, as approved by Commission Implementing Decision C(2022) 4931 of 8 July 2022, including as amended from time to time in accordance with Article 19 of Regulation (EU) 2021/1059 of the European Parliament and of the Council of 24 June 2021 on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments.

SCHEDULE

Signed

Steve Baker — Minister of State — Northern Ireland Office — 26th April 2023

Explanatory note

(This note is not part of these Regulations)

EXPLANATORY NOTE

These Regulations implement obligations under the Financing Agreement between the United Kingdom of Great Britain and Northern Ireland, Ireland and the European Commission on the PEACE PLUS Programme 2021-2027, done in Brussels on the 13th and 15th March 2023 (“the Financing Agreement”). The Financing Agreement sets out arrangements for the United Kingdom’s financial contribution to, and participation in, the PEACE PLUS Programme (“the Programme”), the latest in a series of long running, cross-border co-operation packages that fund activities which promote peace and reconciliation and contribute to the cross-border economic and territorial development of Northern Ireland and the border region of the Republic of Ireland.

The predecessor programmes were implemented under common EU rules applicable on both sides of the border and the UK Government’s financial contribution to those programmes managed and paid as part of its membership of the EU. As the UK is no longer a Member State, the Financing Agreement has been concluded to govern the implementation of the Programme and its financing. As with the predecessor programmes, the Programme will be implemented by the Special EU Programmes Body (the “SEUPB”), one of six cross-border implementation bodies set up under the framework of Strand Two of the Belfast (Good Friday) Agreement (North/South Co-operation).

Regulation 2 amends the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (S.I. 1999/859) by inserting new article 14A and new Schedule 4A. New article 14A confers on the SEUPB the functions of the managing authority and the accounting function in relation to the Programme, in accordance with Articles 7.2 and 7.5 of the Financing Agreement. It requires the SEUPB to exercise those functions compatibly with certain horizontal EU instruments (“the basic acts”), listed in Article 3(f) of the Financing Agreement and replicated in Part 1 of new Schedule 4A, including as amended or replaced from time to time. In addition, article 14A requires the SEUPB to comply with EU implementing and delegated instruments which are relevant to the Programme as listed in Part 2 of the new Schedule. Together these provisions implement Article 3 of the Financing Agreement and are required because the EU instruments concerned are no longer directly applicable in the United Kingdom.

New article 14A also requires the SEUPB to comply with the terms of Financing Agreement when exercising its functions, including by ensuring that certain conditions are incorporated into grant agreements with beneficiaries who will receive funding under the Programme.

Regulation 3 implements obligations relating to role of the Northern Ireland Department of Finance (“the Department”), which is designated as the national authority for the purposes of the Programme. The Department will also act as the UK’s representative on the group of auditors (which assists the Programme’s audit authority) and regulation 3 makes provision in this regard.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An explanatory memorandum has been published alongside this instrument at www.legislation.gov.uk. Copies of the Financing Agreement and accompanying explanatory memorandum as presented to Parliament can be obtained at https://www.gov.uk/government/publications/ukirelandec-financing-agreement-on-the-peace-plus-programme-2021-2027-ms-no22023.

Footnotes

[^f00001]: 2018 c. 16; section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21 was amended by paragraphs 38 and 53 of Schedule 5 to that Act.

[^f00002]: S.I. 1999/859, as amended by S.I. 1999/2062 and 2007/1719.

[^f00003]: Financing Agreement between the United Kingdom of Great Britain and Northern Ireland, Ireland and the European Commission on the PEACE PLUS Programme 2021-2027, done in Brussels on the 13th and 15th March 2023 (UK Miscellaneous Series No. 2 (2023); CP 823). The Agreement will enter into force for all parties on the day after the date on which the United Kingdom notifies the Depositary (the European Commission) of the completion of its domestic procedures for establishing its consent to be bound (Article 21).

[^f00004]: OJ No. L 231, 30.6.2021, p. 159; there are amending instruments but none is relevant.

[^f00005]: UK Miscellaneous Series No. 2 (2023); CP 823.

[^f00006]: OJ No. L 231, 30.6.2021, p. 94.

[^f00007]: OJ No. L

[^f00008]: Financing Agreement between the United Kingdom of Great Britain and Northern Ireland, Ireland and the European Commission on the PEACE PLUS Programme 2021-2027, done in Brussels on the 13th and 15th March 2023 (UK Miscellaneous Series No. 2 (2023); CP 823). The Agreement will enter into force for all parties on the day after the date on which the United Kingdom notifies the Depositary (the European Commission) of the completion of its domestic procedures for establishing its consent to be bound (Article 21).

[^f00009]: OJ No. L 193, 30.7.2018, p. 1; there is an amending instrument but it is not relevant.

[^f00010]: OJ No. L 231, 30.6.2021, p. 60; there is an amending instrument but it is not relevant.

[^f00011]: OJ No. L 74, 14.3.2014, p. 1.

[^f00012]: OJ No. L 244, 9.7.2021, p. 21.

[^f00013]: OJ No. L 12, 19.1.2022, p. 151.

[^f00014]: OJ No. L 12, 19.1.2022, p. 164.

[^f00015]: OJ No. L 7, 10.1.2023, p. 1.