International Fund for Ireland: EU financial contributions 2007-2010

PURPOSE: to adopt a replacement Regulation concerning the European Union financial contributions to the International Fund for Ireland (2007 to 2010), with a view to applying a Court ruling on the choice of legal basis.

LEGISLATIVE ACT: Regulation (EU) No 1232/2010 of the European Parliament and of the Council concerning European Union financial contributions to the International Fund for Ireland (2007 to 2010).

CONTENT: the Council adopted a regulation concerning EU financial contributions to the International Fund for Ireland in the years 2007-2010, aimed at supporting peace and reconciliation in that country.

Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010) established the financial reference amount for the implementation of the Fund for the period 2007 to 2010.

In its judgment of 3 September 2009 in Case C-166/07 (European Parliament v Council of the European Union), the Court of Justice annulled Regulation (EC) No 1968/2006 as it was based only on Article 308 of the Treaty establishing the European Community (EC Treaty), ruling that the third paragraph of Article 159 EC Treaty and Article 308 EC Treaty were the appropriate legal bases. However, the Court also ruled that the effects of Regulation (EC) No 1968/2006 were to be maintained until the entry into force, within a reasonable period, of a new regulation adopted on the appropriate legal bases and that the annulment of Regulation (EC) No 1968/2006 was not to affect the validity of payments made or of undertakings given under that Regulation.

In accordance with the Court’s judgment, the new legislative act is put on a new dual legal basis (Article 175 and Article 352(1) TFEU) but its content is the same as that of Regulation No 1968/2006 which it replaces.

It should be recalled that the financial envelope for the implementation of the International Fund for Ireland (‘the Fund’) for the period 2007 to 2010 shall be EUR 60 million.

ENTRY INTO FORCE: 31/12/2010.

APPLICATION: Article 6 shall retroactively apply from 1 January 2007.

EXPIRATION: 31/12/2010.