BETA


2023/0334(NLE) EU/Liechtenstein Agreement: supplementary rules in relation to the instrument for financial support for border management and visa policy

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE RANGEL Paulo (icon: EPP EPP) NEMEC Matjaž (icon: S&D S&D), KELLER Fabienne (icon: Renew Renew), MARQUARDT Erik (icon: Verts/ALE Verts/ALE), CHAGNON Patricia (icon: ID ID), WEIMERS Charlie (icon: ECR ECR), DALY Clare (icon: GUE/NGL GUE/NGL)
Committee Opinion AFET
Committee Opinion BUDG
Lead committee dossier:
Legal Basis:
TFEU 077-p2, TFEU 218-p6a, TFEU 218-p7

Events

2024/05/16
   Final act published in Official Journal
2024/04/29
   EP/CSL - Act adopted by Council after consultation of Parliament
2024/04/10
   EP - Decision by Parliament
Details

The European Parliament adopted by 492 votes to 32, with 75 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027.

Parliament gave its consent to the conclusion of the Agreement.

The Instrument for Financial Support for Border Management and Visa Policy (BMVI Regulation), as part of the Integrated Border Management Fund, constitutes a specific instrument in the context of the Schengen acquis designed to ensure strong and effective European integrated border management at external borders, while safeguarding the free movement of persons, in full compliance with the Member States' and associated countries' commitments on fundamental rights, and to support a uniform implementation of the common visa policy, thereby contributing to guaranteeing a high level of security in Member States and associated countries.

The Agreement sets out the supplementary rules necessary for the participation of the Principality of Liechtenstein in the Instrument for Financial Support for Border Management and Visa Policy (BMVI) as part of the Integrated Border Management Fund for the programming period 2021 to 2027.

The Agreement:

- offers the opportunity to implement actions in shared management, direct and indirect management modes, and the Agreement should therefore ensure that the implementation in any of these methods is made in the Principality of Liechtenstein in accordance with the principles and rules of the Union on financial management and control;

- ensures that all rules applicable to the management of the programmes should apply for the Principality of Liechtenstein in the same way as for Member States;

- introduces specific mechanisms for swift adjustments to the agreement with the Principality of Liechtenstein, in the event of changes to key Union legislation relevant to the implementation, such as the Financial Regulation and the Common Provisions Regulation;

- ensures, as well, that the mid-term review of the BMVI takes into account the delayed participation of the Schengen associated countries;

- extends the horizontal obligations concerning budgetary and financial controls to Liechtenstein;

- contains a provision on European Travel Information and Authorisation System (ETIAS);

- states that to facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021-2027 should be paid in five annual instalments from 2023 to 2027. From 2023 to 2025 the annual contributions are set in fixed amounts while the contribution due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.

Documents
2024/03/22
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/03/22
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/03/19
   EP - Vote in committee
2024/02/14
   EP - Committee draft report
Documents
2024/01/22
   EP - RANGEL Paulo (EPP) appointed as rapporteur in LIBE
2024/01/15
   EP - Committee referral announced in Parliament
2023/12/04
   EC - Legislative proposal published
Details

PURPOSE: to conclude, on behalf of the European Union, the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for border management and visa policy, as part of the Integrated Border Management Fund.

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: on 21 February 2022, the Council authorised the Commission to open negotiations with Iceland, Norway, Switzerland and Liechtenstein for the arrangements on the financial contributions of those countries and the supplementary rules necessary for their participation in the Instrument for Financial Support for Border Management and Visa Policy (BMVI Regulation) for the period 2021 to 2027, including provisions ensuring the protection of the Union's financial interests and the powers of audit of the Court of Auditors, to be concluded pursuant Regulation (EU) 2021/1148 of the European Parliament and of the Council.

The negotiations with Liechtenstein were successfully concluded by the initialling of an Agreement on 16 June 2023.

In accordance with a Council Decision, the Agreement between the European Union and Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027 was signed, subject to its conclusion at a later date.

It is appropriate for the Council to authorise the Commission to approve modifications to the Agreement that are necessary with a view to adjusting references to the Financial Regulation whenever that Regulation is updated.

Denmark and Ireland are not taking part in the adoption of this Decision. Therefore, they are not bound by it or subject to its application.

It is now necessary to approve the Agreement.

CONTENT: the Commission proposes that the Council should decide to approve, on behalf of the Union, the Agreement between the European Union and Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027.

The Agreement:

- offers the opportunity for implementation of actions in shared management, direct and indirect management modes, and this Agreement should make it possible that the implementation in any of these methods can be realised in Liechtenstein in accordance with the principles and rules of the EU on financial management and control;

- ensures that all rules applicable for the management of national programmes should apply in Liechtenstein in the same way as for Member States;

- stated that to facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021-2027 should be paid in four annual instalments from 2024 to 2027. From 2024 to 2025, the annual contributions are set in fixed amounts (EUR 739 017 per year while the contributions due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.

Documents
2023/09/29
   EC - Document attached to the procedure
2023/09/29
   EP - Preparatory document
Details

PURPOSE: to conclude, on behalf of the European Union, the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for border management and visa policy, as part of the Integrated Border Management Fund.

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) 2021/1148 of the European Parliament and of the Council establishing the Instrument for Financial Support for Border Management and Visa Policy for the period 2021-2027 (the BMVI Regulation) was adopted on 7 July 2021.

The purpose of the BMVI Regulation is to express solidarity through financing assistance to those Member States that apply the Schengen acquis provisions on external borders. It constitutes a development of the Schengen acquis to which the countries associated to the implementation, application and further development of the Schengen acquis participate.

The Principality of Liechtenstein notified on 18 August 2021 its decision to accept the content of the BMVI Regulation and to implement it in its internal legal order.

The Union should conclude agreements with each of the four Schengen associated countries. This proposal concerns the agreement with the Principality of Liechtenstein.

CONTENT: the purpose of this proposal is the conclusion of an agreement between the Union and the Principality of Liechtenstein on this country's contribution to the instrument for financial support for Border Management and Visa Policy for the period 2021-2027 and on the supplementary rules necessary for this participation.

The BMVI offers the opportunity to implement actions in shared management, direct and indirect management modes, and this Agreement should make it possible that the implementation in direct and indirect management mode can be realised in Liechtenstein in accordance with the principles and rules of the Union on financial management and control.

In light of the administrative burden, which the requirements of Regulation (EU) 2021/1060 of the European Parliament and of the Council (Common Provisions Regulation) would impose on Liechtenstein to implement its limited allocation in shared management , the support provided to Liechtenstein under the BMVI Regulation resulting from the right to obtain an allocation for a programme should be implemented primarily in direct management in accordance with Title VIII of the Financial Regulation, entitled ‘Grants’.

To facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021 to 2027 should be paid in four annual instalments from 2024 to 2027. From 2024 to 2025, the annual contributions are set in fixed amounts ( EUR 739 017 per year while the contributions due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.

In line with the principle of equal treatment, Liechtenstein should benefit from any surplus revenue as defined in Article 86 of Regulation (EU) 2018/1240 of the European Parliament and of the Council (the ETIAS Regulation).

Documents

Votes

A9-0144/2024 – Lena Düpont – Draft Council decision #

2024/04/10 Outcome: +: 492, 0: 75, -: 32
DE IT FR ES PL NL RO CZ SE HU BE AT BG PT SK DK FI SI LT EE EL LV LU HR MT IE CY
Total
89
57
68
54
41
28
18
20
21
17
21
18
14
20
14
13
13
7
9
6
12
7
6
5
4
12
5
icon: PPE PPE
143

Hungary PPE

1

Denmark PPE

For (1)

1

Finland PPE

2

Estonia PPE

For (1)

1

Luxembourg PPE

2

Croatia PPE

For (1)

1

Malta PPE

For (1)

1

Cyprus PPE

2
icon: S&D S&D
124

Czechia S&D

For (1)

1

Belgium S&D

Abstain (1)

2

Slovakia S&D

For (1)

1

Denmark S&D

2

Slovenia S&D

For (1)

1

Lithuania S&D

2

Estonia S&D

2

Greece S&D

1

Latvia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Cyprus S&D

2
icon: Renew Renew
93

Poland Renew

1
3

Hungary Renew

2

Austria Renew

For (1)

1

Finland Renew

3

Slovenia Renew

2

Lithuania Renew

1

Estonia Renew

2

Greece Renew

1

Latvia Renew

For (1)

1

Luxembourg Renew

2

Croatia Renew

For (1)

1

Ireland Renew

2
icon: ECR ECR
57

Germany ECR

1

France ECR

For (1)

1

Bulgaria ECR

2

Slovakia ECR

For (1)

1

Greece ECR

1

Latvia ECR

For (1)

1
icon: ID ID
45

Czechia ID

For (1)

1
3

Denmark ID

For (1)

1

Estonia ID

For (1)

1
icon: NI NI
38

Germany NI

For (1)

Against (1)

2

France NI

For (1)

1

Netherlands NI

Against (1)

1

Romania NI

For (1)

1

Czechia NI

For (1)

1

Belgium NI

For (1)

1

Latvia NI

Against (1)

1
icon: Verts/ALE Verts/ALE
67

Italy Verts/ALE

3

Spain Verts/ALE

3

Poland Verts/ALE

Abstain (1)

1

Netherlands Verts/ALE

3

Czechia Verts/ALE

3

Sweden Verts/ALE

3

Belgium Verts/ALE

3

Austria Verts/ALE

3

Portugal Verts/ALE

Abstain (1)

1

Denmark Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Greece Verts/ALE

Abstain (1)

1

Luxembourg Verts/ALE

Abstain (1)

1

Ireland Verts/ALE

Abstain (1)

1
icon: The Left The Left
32

Netherlands The Left

Against (1)

1

Czechia The Left

1

Sweden The Left

Against (1)

1

Belgium The Left

Against (1)

1

Portugal The Left

3

Denmark The Left

Against (1)

1

Finland The Left

Against (1)

1

Greece The Left

2

Ireland The Left

Abstain (1)

4

Cyprus The Left

Against (1)

1

History

(these mark the time of scraping, not the official date of the change)

events/7
date
2024-05-16T00:00:00
type
Final act published in Official Journal
procedure/final
title
Decision 2024/1357
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32024D1357
procedure/stage_reached
Old
Procedure completed, awaiting publication in Official Journal
New
Procedure completed
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
events/6
date
2024-04-29T00:00:00
type
Act adopted by Council after consultation of Parliament
body
EP/CSL
procedure/stage_reached
Old
Awaiting final decision
New
Procedure completed, awaiting publication in Official Journal
docs/3
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0217_EN.html title: T9-0217/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/5/summary
  • The European Parliament adopted by 492 votes to 32, with 75 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027.
  • Parliament gave its consent to the conclusion of the Agreement.
  • The Instrument for Financial Support for Border Management and Visa Policy (BMVI Regulation), as part of the Integrated Border Management Fund, constitutes a specific instrument in the context of the Schengen acquis designed to ensure strong and effective European integrated border management at external borders, while safeguarding the free movement of persons, in full compliance with the Member States' and associated countries' commitments on fundamental rights, and to support a uniform implementation of the common visa policy, thereby contributing to guaranteeing a high level of security in Member States and associated countries.
  • The Agreement sets out the supplementary rules necessary for the participation of the Principality of Liechtenstein in the Instrument for Financial Support for Border Management and Visa Policy (BMVI) as part of the Integrated Border Management Fund for the programming period 2021 to 2027.
  • The Agreement:
  • - offers the opportunity to implement actions in shared management, direct and indirect management modes, and the Agreement should therefore ensure that the implementation in any of these methods is made in the Principality of Liechtenstein in accordance with the principles and rules of the Union on financial management and control;
  • - ensures that all rules applicable to the management of the programmes should apply for the Principality of Liechtenstein in the same way as for Member States;
  • - introduces specific mechanisms for swift adjustments to the agreement with the Principality of Liechtenstein, in the event of changes to key Union legislation relevant to the implementation, such as the Financial Regulation and the Common Provisions Regulation;
  • - ensures, as well, that the mid-term review of the BMVI takes into account the delayed participation of the Schengen associated countries;
  • - extends the horizontal obligations concerning budgetary and financial controls to Liechtenstein;
  • - contains a provision on European Travel Information and Authorisation System (ETIAS);
  • - states that to facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021-2027 should be paid in five annual instalments from 2023 to 2027. From 2023 to 2025 the annual contributions are set in fixed amounts while the contribution due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.
docs/3
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0217_EN.html title: T9-0217/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/5/summary
  • The European Parliament adopted by 492 votes to 32, with 75 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027.
  • Parliament gave its consent to the conclusion of the Agreement.
  • The Instrument for Financial Support for Border Management and Visa Policy (BMVI Regulation), as part of the Integrated Border Management Fund, constitutes a specific instrument in the context of the Schengen acquis designed to ensure strong and effective European integrated border management at external borders, while safeguarding the free movement of persons, in full compliance with the Member States' and associated countries' commitments on fundamental rights, and to support a uniform implementation of the common visa policy, thereby contributing to guaranteeing a high level of security in Member States and associated countries.
  • The Agreement sets out the supplementary rules necessary for the participation of the Principality of Liechtenstein in the Instrument for Financial Support for Border Management and Visa Policy (BMVI) as part of the Integrated Border Management Fund for the programming period 2021 to 2027.
  • The Agreement:
  • - offers the opportunity to implement actions in shared management, direct and indirect management modes, and the Agreement should therefore ensure that the implementation in any of these methods is made in the Principality of Liechtenstein in accordance with the principles and rules of the Union on financial management and control;
  • - ensures that all rules applicable to the management of the programmes should apply for the Principality of Liechtenstein in the same way as for Member States;
  • - introduces specific mechanisms for swift adjustments to the agreement with the Principality of Liechtenstein, in the event of changes to key Union legislation relevant to the implementation, such as the Financial Regulation and the Common Provisions Regulation;
  • - ensures, as well, that the mid-term review of the BMVI takes into account the delayed participation of the Schengen associated countries;
  • - extends the horizontal obligations concerning budgetary and financial controls to Liechtenstein;
  • - contains a provision on European Travel Information and Authorisation System (ETIAS);
  • - states that to facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021-2027 should be paid in five annual instalments from 2023 to 2027. From 2023 to 2025 the annual contributions are set in fixed amounts while the contribution due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.
docs/3
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0217_EN.html title: T9-0217/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/5/summary
  • The European Parliament adopted by 492 votes to 32, with 75 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027.
  • Parliament gave its consent to the conclusion of the Agreement.
  • The Instrument for Financial Support for Border Management and Visa Policy (BMVI Regulation), as part of the Integrated Border Management Fund, constitutes a specific instrument in the context of the Schengen acquis designed to ensure strong and effective European integrated border management at external borders, while safeguarding the free movement of persons, in full compliance with the Member States' and associated countries' commitments on fundamental rights, and to support a uniform implementation of the common visa policy, thereby contributing to guaranteeing a high level of security in Member States and associated countries.
  • The Agreement sets out the supplementary rules necessary for the participation of the Principality of Liechtenstein in the Instrument for Financial Support for Border Management and Visa Policy (BMVI) as part of the Integrated Border Management Fund for the programming period 2021 to 2027.
  • The Agreement:
  • - offers the opportunity to implement actions in shared management, direct and indirect management modes, and the Agreement should therefore ensure that the implementation in any of these methods is made in the Principality of Liechtenstein in accordance with the principles and rules of the Union on financial management and control;
  • - ensures that all rules applicable to the management of the programmes should apply for the Principality of Liechtenstein in the same way as for Member States;
  • - introduces specific mechanisms for swift adjustments to the agreement with the Principality of Liechtenstein, in the event of changes to key Union legislation relevant to the implementation, such as the Financial Regulation and the Common Provisions Regulation;
  • - ensures, as well, that the mid-term review of the BMVI takes into account the delayed participation of the Schengen associated countries;
  • - extends the horizontal obligations concerning budgetary and financial controls to Liechtenstein;
  • - contains a provision on European Travel Information and Authorisation System (ETIAS);
  • - states that to facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021-2027 should be paid in five annual instalments from 2023 to 2027. From 2023 to 2025 the annual contributions are set in fixed amounts while the contribution due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.
docs/3
date
2024-04-10T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0217_EN.html title: T9-0217/2024
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Text adopted by Parliament, 1st reading/single reading
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Decision by Parliament
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  • date: 2024-04-10T00:00:00 title: Indicative plenary sitting date
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Awaiting Parliament's vote
New
Awaiting final decision
docs/3
date
2024-04-10T00:00:00
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url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0217_EN.html title: T9-0217/2024
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Awaiting Parliament's vote
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Awaiting final decision
docs/3
date
2024-04-10T00:00:00
docs
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Awaiting Parliament's vote
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date
2024-04-10T00:00:00
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  • date: 2024-04-10T00:00:00 title: Indicative plenary sitting date
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Awaiting Parliament's vote
New
Awaiting final decision
forecasts
  • date: 2024-04-10T00:00:00 title: Indicative plenary sitting date
docs/2
date
2024-03-22T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2024-0144_EN.html title: A9-0144/2024
type
Committee report tabled for plenary, 1st reading/single reading
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EP
events/3
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2024-03-19T00:00:00
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Vote in committee
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events/4
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2024-03-22T00:00:00
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Committee report tabled for plenary, 1st reading/single reading
body
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url: https://www.europarl.europa.eu/doceo/document/A-9-2024-0144_EN.html title: A9-0144/2024
procedure/Other legal basis
Rules of Procedure EP 159
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's vote
docs/2
date
2024-03-22T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2024-0144_EN.html title: A9-0144/2024
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MARQUARDT Erik
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DALY Clare
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url: https://www.europarl.europa.eu/doceo/document/LIBE-PR-758915_EN.html title: PE758.915
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  • date: 2024-04-10T00:00:00 title: Indicative plenary sitting date
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title: 13936/2023
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  • PURPOSE: to conclude, on behalf of the European Union, the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for border management and visa policy, as part of the Integrated Border Management Fund.
  • 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: on 21 February 2022, the Council authorised the Commission to open negotiations with Iceland, Norway, Switzerland and Liechtenstein for the arrangements on the financial contributions of those countries and the supplementary rules necessary for their participation in the Instrument for Financial Support for Border Management and Visa Policy (BMVI Regulation) for the period 2021 to 2027, including provisions ensuring the protection of the Union's financial interests and the powers of audit of the Court of Auditors, to be concluded pursuant Regulation (EU) 2021/1148 of the European Parliament and of the Council.
  • The negotiations with Liechtenstein were successfully concluded by the initialling of an Agreement on 16 June 2023.
  • In accordance with a Council Decision, the Agreement between the European Union and Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027 was signed, subject to its conclusion at a later date.
  • It is appropriate for the Council to authorise the Commission to approve modifications to the Agreement that are necessary with a view to adjusting references to the Financial Regulation whenever that Regulation is updated.
  • Denmark and Ireland are not taking part in the adoption of this Decision. Therefore, they are not bound by it or subject to its application.
  • It is now necessary to approve the Agreement.
  • CONTENT: the Commission proposes that the Council should decide to approve, on behalf of the Union, the Agreement between the European Union and Liechtenstein on supplementary rules in relation to the Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027.
  • The Agreement:
  • - offers the opportunity for implementation of actions in shared management, direct and indirect management modes, and this Agreement should make it possible that the implementation in any of these methods can be realised in Liechtenstein in accordance with the principles and rules of the EU on financial management and control;
  • - ensures that all rules applicable for the management of national programmes should apply in Liechtenstein in the same way as for Member States;
  • - stated that to facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021-2027 should be paid in four annual instalments from 2024 to 2027. From 2024 to 2025, the annual contributions are set in fixed amounts (EUR 739 017 per year while the contributions due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.
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WEIMERS Charlie
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European Conservatives and Reformists Group
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KELLER Fabienne
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  • name: NEMEC Matjaž group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
  • name: CHAGNON Patricia group: Identity and Democracy abbr: ID
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  • name: RANGEL Paulo date: 2024-01-22T00:00:00 group: Group of European People's Party abbr: EPP
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  • PURPOSE: to conclude, on behalf of the European Union, the Agreement between the European Union and the Principality of Liechtenstein on supplementary rules in relation to the instrument for financial support for border management and visa policy, as part of the Integrated Border Management Fund.
  • 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) 2021/1148 of the European Parliament and of the Council establishing the Instrument for Financial Support for Border Management and Visa Policy for the period 2021-2027 (the BMVI Regulation) was adopted on 7 July 2021.
  • The purpose of the BMVI Regulation is to express solidarity through financing assistance to those Member States that apply the Schengen acquis provisions on external borders. It constitutes a development of the Schengen acquis to which the countries associated to the implementation, application and further development of the Schengen acquis participate.
  • The Principality of Liechtenstein notified on 18 August 2021 its decision to accept the content of the BMVI Regulation and to implement it in its internal legal order.
  • The Union should conclude agreements with each of the four Schengen associated countries. This proposal concerns the agreement with the Principality of Liechtenstein.
  • CONTENT: the purpose of this proposal is the conclusion of an agreement between the Union and the Principality of Liechtenstein on this country's contribution to the instrument for financial support for Border Management and Visa Policy for the period 2021-2027 and on the supplementary rules necessary for this participation.
  • The BMVI offers the opportunity to implement actions in shared management, direct and indirect management modes, and this Agreement should make it possible that the implementation in direct and indirect management mode can be realised in Liechtenstein in accordance with the principles and rules of the Union on financial management and control.
  • In light of the administrative burden, which the requirements of Regulation (EU) 2021/1060 of the European Parliament and of the Council (Common Provisions Regulation) would impose on Liechtenstein to implement its limited allocation in shared management , the support provided to Liechtenstein under the BMVI Regulation resulting from the right to obtain an allocation for a programme should be implemented primarily in direct management in accordance with Title VIII of the Financial Regulation, entitled ‘Grants’.
  • To facilitate the calculation and use of the annual contributions due by Liechtenstein to the BMVI, its contributions for the period 2021 to 2027 should be paid in four annual instalments from 2024 to 2027. From 2024 to 2025, the annual contributions are set in fixed amounts ( EUR 739 017 per year while the contributions due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.
  • In line with the principle of equal treatment, Liechtenstein should benefit from any surplus revenue as defined in Article 86 of Regulation (EU) 2018/1240 of the European Parliament and of the Council (the ETIAS Regulation).
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