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RECOMMENDATION (12122/2023 – C90450/2023 – 2023/0229(NLE))

On the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Swiss Confederation 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-9-2024-0145

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Jadwiga Wiśniewska

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's committee report asks Parliament to give its consent to the conclusion of an agreement between the European Union and the Swiss Confederation on supplementary rules for Switzerland'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 Switzerland to take part in the instrument, including protection of the Union's financial interests and audit powers. The rapporteur finds that all programme management rules should apply to Switzerland in the same way as to member states, and that legally binding agreements are important for transparency and democratic oversight of EU budget use. The agreement also covers swift adjustment mechanisms, the mid-term review, and a provision on the European Travel Information and Authorisation System.

Committee position. The rapporteur recommends that Parliament gives its consent to the draft Council decision and instructs its President to 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 Swiss Confederation.
  2. The agreement concerns supplementary rules for Switzerland's participation in the Instrument for Financial Support for Border Management and Visa Policy, part of the Integrated Border Management Fund, for 2021 to 2027.
  3. The BMVI Regulation expresses solidarity by financing states that apply the Schengen acquis on external borders, and is a development of the Schengen acquis in which associated countries participate.
  4. Switzerland notified on 11 August 2021 its decision to accept the BMVI Regulation and implement it in its internal legal order.
  5. The Council authorised negotiations with Iceland, Norway, Switzerland and Liechtenstein on their financial contributions and supplementary rules, and negotiations with Switzerland concluded with initialling on 14 February 2023.
  6. The agreement was signed on 28 November 2023 in Brussels, and the Council requested Parliament's consent on 7 December 2023.
  7. The rapporteur agrees the agreement should allow implementation in shared, direct and indirect management modes in Switzerland under Union financial management and control rules.
  8. The rapporteur considers all programme management rules should apply to Switzerland in the same way as to member states, given the need for uniform application of the Schengen acquis.
  9. The rapporteur considers formal, legally binding agreements crucial for transparency, public scrutiny and democratic oversight, especially for use of the EU budget.
  10. Switzerland must fully accept Union measures developing 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 into account the delayed participation of associated countries.
  12. Horizontal obligations on budgetary and financial controls, including the competence of the Court of Auditors, OLAF, the EPPO and the Commission, need to be extended to Switzerland via the agreement.

Who is affected

  • Switzerland: must accept and implement the BMVI Regulation and comply with Union financial management and control rules.
  • Schengen associated countries: participate in the development of the Schengen acquis and conclude arrangements on financial contributions.
  • Member states: subject to horizontal obligations on budgetary and financial controls that are extended to Switzerland.

Figures and deadlines

  • 2021 to 2027: period of the Instrument for Financial Support for Border Management and Visa Policy.
  • 7 July 2021: date the BMVI Regulation was adopted.
  • 11 August 2021: date Switzerland notified its decision to accept the BMVI Regulation.
  • 21 February 2022: date the Council authorised the Commission to open negotiations.
  • 14 February 2023: date negotiations with Switzerland were concluded by initialling the agreement.
  • 10 July 2023: date the Commission submitted to the Council a proposal for a Council Decision on conclusion.
  • 28 September 2023: date the Council adopted a Decision on signing 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.