PURPOSE: to conclude an Agreement between the European
Union and the Kingdom of Norway on supplementary rules in relation
to the instrument for financial support for external borders and
visa, as part of the Internal Security Fund for the period 2014 to
2020.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the
act only if Parliament has given its consent to the
act.
BACKGROUND: Regulation
(EU) No 515/2014 of the European Parliament and of the Council
establishing, as part of the Internal Security Fund, the instrument
for financial support for external borders and visa became
applicable as of 1 January 2014. Furthermore, Regulation (EU) No
514/2014 of the European Parliament and of the Council laying down
general provisions on the Asylum, Migration and Integration Fund
and on the instrument for financial support for police cooperation,
preventing and combating crime, and crisis management also became
applicable on the same date.
Under this Regulation, the provisions of the
Regulation (EU) No 514/2014 apply to the instrument for financial
support for external borders and visa as part of the Internal
Security Fund (the ISF-Borders and Visa).
The purpose of the ISF-Borders and Visa is to
establish a solidarity mechanism binding the participating states
by the same European rules on the control of external borders in
each other's interests and on each other's behalf. The ISF-Borders
and Visa will serve to accomplish a key objective of the Schengen
acquis, namely to share responsibility for an 'efficient, high
and uniform level of control at the external borders'. It is
thus a development of the Schengen acquis.
Article 5(7) of Regulation (EU) No 515/2014 provides
that the countries associated with the implementation, application
and development of the Schengen acquis participate in the
instrument in accordance with its provisions and that arrangements
are to be concluded on their financial contributions and the
supplementary rules necessary for such participation, including
provisions ensuring the protection of the Union's financial
interests and the power of audit of the Court of Auditors, as the
respective Association Agreements do not provide for such
rules.
The aim of the draft Agreement with Norway is to
establish the arrangements of this participation and to enable the
Commission to assume ultimate responsibility for implementation of
the budget of the instrument in this associated country and
determine this country's contribution to the Union budget in
respect of this instrument.
CONTENT: under this proposal, it is proposed that the
Council adopt the Decision in which it is called upon to conclude,
on behalf of the European Union, the Agreement between the European
Union and the Kingdom of Norway on supplementary rules in relation
to the instrument for financial support for external borders and
visa, as part of the Internal Security Fund, for the period 2014 to
2020.
Rules for the participation of Norway in the
ISF-Borders and Visas: the Agreement
provides for a number of technical provisions to establish the
framework for participation. The funds allocated to Norway under
the ISF-Borders and Visa shall be used in accordance with the
principle of sound financial management.
Protection of the financial interests of the Union
against fraud is also stressed.
Budgetary control:
provisions are laid down as regards budgetary and financial
controls. Member States shall be subject to horizontal obligations
(e.g. the competence of the Court of Auditors and of the European
Anti-Fraud Office (OLAF)) derived either directly from the Treaty
or from secondary Union legislation. Moreover, the Court of
Auditors and OLAF shall be granted suitable access to carry out
controls.
Financial contributions from Norway to the
ISF: provisions are also provided to
guarantee the payments of the contribution from Norway to the ISF
for the implementation of EU actions and its mid-term review and
other specific actions.
For the years 2016 to 2018, Norway shall make annual
payments to the budget of the ISF-Borders and Visa in the order of
EUR 19 777 712.
Territorial application:
Regulation (EU) No 515/2014 constitutes a development of the
Schengen acquis. In this regard, the present Agreement with Norway
also builds on the Schengen acquis.
Denmark shall not take part in the adoption of this
decision and will not be bound by it or be subject to its
application. The same goes for the United Kingdom and
Ireland.