1. Membership
In accordance with the principles set out in the National Development Plan and Community Support Framework, 2000-2006 membership shall comprise full members and persons serving in an advisory capacity nominated by the following bodies at the request of the Border, Midland and Western (BMW) Regional Assembly as Managing Authority of the BMW Regional OP.
Full members
The Border, Midland and Western Regional Assembly; the Department of Finance; specified Government Departments and State Bodies; Regional Authorities; the WDC; the Special EU Programmes Body, each of the four Social Partners Pillars, and bodies representing each of the horizontal interests - equality, environmental, poverty and rural development.
Advisors
The Commission Services; the Central Evaluation Unit; the NDP/CSF Information Officer; Paying Authorities; Directors of Regional Authorities, and the Equality Monitoring Unit of the Department of Justice Equality and Law Reform will be represented in an advisory capacity.
Only full members of the Monitoring Committee shall have the right to participate in decision making (See Section 10). Members serving in an advisory capacity will have the right to participate fully in discussions of the Monitoring Committee and to offer advice to the Committee.
Nominating bodies may represent more than one interest/sector on the Committee. An alternate from the nominating body may participate at meetings in place of a nominated full member or a member serving in an advisory capacity. All changes in membership of a permanent nature shall be notified in writing to the Secretary.
In addition to the members, other officials from the implementing Departments, the European Commission or other bodies may attend and address the Committee at the discretion of the Chair when specific items on the agenda require their presence. The Chair shall be informed of the names of such officials in advance of the meeting by the relevant body concerned.
2. Chair
The Managing Authority shall provide the Chair of the Monitoring Committee. In the event of the nominated Chair being unable to attend for all or part of a Monitoring Committee meeting, he/she may delegate his/her responsibility to another member of the Committee from the Managing Authority.
3. Secretary
The Secretary to the Monitoring Committee shall be designated by the Chair and shall be drawn from the staff of the Managing Authority. Support services shall be provided by the staff of the Managing Authority as required.
4. Communications
All communications relating to the business of the Committee shall be addressed to the Secretary to the Monitoring Committee.
5. Meetings
The Committee shall usually meet twice a year to monitor half-yearly and annual progress of the BMW Regional OP. It may meet more frequently at the initiative of the Chair to consider extraordinary items of business such as, for example, the Mid-Term Review. All meetings shall be called by the Chair and notified by the Secretary.
6. Place of Meeting
The place of the meeting shall be decided by the Chair and notified by the Secretary.
7. Notice of Meeting
At least twenty-one days notice of a meeting shall be given by the Secretary. Every notice shall specify the date, time and place of the meeting and the business to be transacted. Notice shall be in writing, which shall include fax or E-mail. Exceptionally and for urgent reasons, the Chair may reduce the period of notice and may authorise notice to be given by telephone, subject to confirmation in writing.
8. Agenda
All business to be transacted shall be specified in the draft Agenda, which shall be circulated with the notice of the meeting. The draft Agenda shall be prepared by the Secretary and authorised by the Chair. Any member may propose an item for inclusion on the draft Agenda with the approval of the Chair.
At the commencement of business, the Committee shall approve its Agenda. Other items may be considered under “Any other Business” at the request of the Chair or any member. After consideration by the Committee, any such proposal by a member shall be subject to the Chair's ruling as to its admissibility at that meeting. The decision of the Chair shall be final.
9. Documents
Documents relating to the business of the meeting will be supplied by Implementing Departments and Bodies at the request of the Managing Authority. Implementing Departments and Bodies to whom such a request is directed will be responsible for ensuring that all documents relating to the business of the Committee shall be given to the Secretary in sufficient time to enable the Secretary to circulate them to the members with the notice of the meeting. Documents shall normally be circulated in sufficient time so that they will be received by members at least twenty-one days in advance of a meeting. Except in exceptional circumstances determined by the Chair and with the prior agreement of the Committee, documents shall not be introduced at a meeting. The Secretary shall report to the Monitoring Committee all failures by an Implementing Department or Body to supply documentation in time for a meeting. Any Implementing Department or Body which is the subject of such a report for failure to supply documentation shall furnish an explanation to the Committee. In accordance with paragraph 10, the Committee will consider what action to take, including, in the event of persistent failure by an Implementing Department or Body, whether to reallocate funding away from measure(s) for which that Department or Body is responsible. Documents shall be treated as confidential until the conclusion of the meeting to which they relate.
10. Decisions
The Monitoring Committee will monitor progress on Structural Funds cofinanced measures under the Community Support Framework and non-cofinanced measures under the National Development Plan. The Committee may take decisions regarding the Structural Funds cofinanced expenditure of the Community Support Framework. In principle, where the Monitoring Committee makes a decision to reallocate Structural Funds from one measure to another, the corresponding matching national contribution will also be reallocated with the Structural Funds. The implementing Departments and Bodies concerned shall co-operate in a positive way to facilitate such change. As provided for in the National Development Plan (2000-2006) and the Community Support Framework (2000-2006), the Committee may make recommendations in relation to the non-cofinanced expenditure in the Operational Programme.
The Committee shall normally reach its decisions by consensus. In the event of the Committee being unable to arrive at a consensus in respect of any matter, the issue will be referred for resolution between the Department of Finance, the Managing Authority of the OP in question and the relevant Departments concerned and, if judged necessary, to the Government for decision. The Committee will be informed of the outcome of the deliberations. The Committee can also reach decisions by way of written procedure to all members of the Monitoring Committee.11. Minutes
The Secretary shall ensure that minutes are kept of all meetings. The minutes shall record the business discussed and the decisions of the Committee.
The minutes shall be circulated by the Secretary in draft to the members present at the meeting for comments within fifteen working days of a meeting. The Secretary may accept amendments of a factual or drafting nature. The draft minutes of a meeting together with any proposed amendments not accepted by the Secretary, shall be placed on the Agenda for the next meeting for formal approval of the Committee. The minutes as so approved shall be signed by the Chair and Secretary and circulated to all the members.
12. Changes to the Rules of Procedure
Subject to the principles set in the National Development Plan and the Community Support Framework, the Committee may at any time amend these rules of procedure. Copies of any revised text as amended will be forwarded to the members in writing. The ruling of the Chair will determine any disputes in relation to interpretation of the Rules of Procedure.
