PURPOSE: to conclude, on behalf of the European Union,
an Agreement between the European Union and the Swiss Confederation
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 (ISF –
Borders and Visa) for the period 2014-2020, as well as 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 which became applicable as of 1 January 2014.
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. It is
thus a development of the Schengen acquis.
Regulation (EU) No 515/2014 provides that the
countries associated with the implementation, application and
development of the Schengen acquis participate in the instrument
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.
The aim of the draft Agreement with Switzerland
(associated country) is to establish the arrangements referred to
in Article 5(7) of Regulation (EU) No 515/2014 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: the Commission proposes that the Council
approves the Agreement with Switzerland 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.
The negotiations were held jointly with all associated
countries. Two rounds of negotiations took place. The final text of
the draft Agreement with Switzerland was initialled on 21 April
2017.
The draft Agreement provides for the amount of
Switzerland's annual financial contribution to the budget of
the ISF - Borders and Visa, calculated in accordance with its GDP
as a percentage of the GDP of all States participating in the ISF.
It specifies the annual payments. In addition, it foresees
the modalities for the designation of the Responsible Authority and
for the annual reporting system.
The Agreement also contains provisions aiming to
protect the Union's financial interests against fraud and
other irregularities as well as to ensure compliance with the
provisions relevant for the financial management and control which
are laid down in the Treaty on the Functioning of the European
Union ('TFEU') and in Union law based on the TFEU.
This proposal constitutes a development of elements of
the Schengen acquis in which the United Kingdom and Ireland do not
take part. Denmark will decide within six months after the Council
has adopted this proposal whether it will implement the proposed
decision in its national law.