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RECOMMENDATION (13936/2023 – C90462/2023 – 2023/0334(NLE))

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

A-9-2024-0144

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Paulo Rangel

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Parliament's committee report asks Parliament to give its consent to the conclusion of an agreement between the European Union and the Principality of Liechtenstein on supplementary rules for Liechtenstein's participation in the Instrument for Financial Support for Border Management and Visa Policy for 2021 to 2027. The agreement sets out the financial contributions and rules needed for Liechtenstein to take part in the instrument, including protection of the Union's financial interests and audit powers. The rapporteur says all programme management rules should apply to Liechtenstein in the same way as to member states, and that legally binding agreements ensure transparency and democratic oversight. The agreement also covers swift adjustments if key Union legislation changes, the mid-term review, and the European Travel Information and Authorisation System.

Committee position. The rapporteur recommends that Parliament give its consent to the draft Council decision and forward its position to the Council, the Commission and the governments and parliaments of the member states.

Key points

  1. Parliament gives its consent to the conclusion of the agreement between the European Union and the Principality of Liechtenstein.
  2. The agreement sets out supplementary rules for Liechtenstein's participation in the Instrument for Financial Support for Border Management and Visa Policy for 2021 to 2027.
  3. The instrument finances member states that apply the Schengen rules on external borders and is part of the Integrated Border Management Fund.
  4. Liechtenstein notified on 18 August 2021 that it accepts the content of the BMVI Regulation and will implement it in its internal legal order.
  5. The Council authorised the Commission on 21 February 2022 to negotiate arrangements with Iceland, Norway, Switzerland and Liechtenstein on their financial contributions and participation rules.
  6. The negotiations with Liechtenstein concluded with the initialling of the Agreement on 16 June 2023, and the Agreement was signed on 28 November 2023 in Brussels.
  7. The rapporteur says the Agreement should ensure that Liechtenstein implements actions under shared, direct and indirect management in line with Union financial management and control rules.
  8. The rapporteur says all rules applicable to programme management should apply to Liechtenstein in the same way as to member states.
  9. The rapporteur says legally binding agreements with associated countries are important for transparency, public scrutiny and democratic oversight, especially for the use of the EU budget.
  10. Liechtenstein must fully accept Union measures that develop the Schengen acquis, including the BMVI Regulation, and comply with financial management and control provisions.
  11. The agreement introduces mechanisms for swift adjustments if key Union legislation changes, and ensures the mid-term review takes account of the delayed participation of Schengen associated countries.
  12. Obligations on budgetary and financial controls, including the powers of the Court of Auditors, OLAF, the EPPO and the Commission, are extended to Liechtenstein through the agreement.

Who is affected

  • The Principality of Liechtenstein: must apply the instrument's rules and accept Union financial management and control obligations.
  • Member states and Schengen associated countries: the instrument supports integrated border management and a uniform visa policy.
  • The Commission, the Court of Auditors, OLAF and the EPPO: their audit and control powers extend to Liechtenstein under the agreement.

Figures and deadlines

  • 2021 to 2027: the period of the Instrument for Financial Support for Border Management and Visa Policy.
  • 7 July 2021: date the BMVI Regulation was adopted.
  • 18 August 2021: date Liechtenstein notified its decision to accept the BMVI Regulation.
  • 21 February 2022: date the Council authorised the Commission to open negotiations.
  • 16 June 2023: date the Agreement with Liechtenstein was initialled.
  • 29 September 2023: date the Commission submitted the proposal for a Council Decision to the Council.
  • 13 November 2023: date the Council adopted a Decision on signing and provisional application of the Agreement.
  • 28 November 2023: date the Agreement was signed in Brussels.

Legal basis: Article 77(2), Article 218(6), second subparagraph, point (a), and Article 218(7) of the Treaty on the Functioning of the European Union.