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DRAFT RECOMMENDATION (12122/2023 – C90461/2023 – 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

LIBE-PR-758913

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

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This is a draft report by the Committee on Civil Liberties, Justice and Home Affairs on a draft Council decision to conclude an agreement with the Swiss Confederation on supplementary rules for the Instrument for Financial Support for Border Management and Visa Policy (BMVI) for 2021 to 2027. The rapporteur recommends that Parliament give its consent to the draft Council decision. The agreement sets out the supplementary rules for Switzerland's participation in the BMVI, including financial management and control rules, and provisions on the European Travel Information and Authorisation System (ETIAS). The rapporteur considers that all rules applicable for the management of the programmes should apply to Switzerland in the same way as for Member States, and that formal, legally binding agreements are important for transparency, public scrutiny and democratic oversight.

Committee position. The rapporteur recommends that Parliament give its consent to the draft Council decision and instruct its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.

Key points

  1. Parliament is asked to give its consent to the conclusion of the agreement between the EU and the Swiss Confederation on supplementary rules for the BMVI for 2021 to 2027.
  2. The BMVI Regulation was adopted on 7 July 2021 and aims to express solidarity through financing assistance to states applying the Schengen acquis on external borders.
  3. Switzerland notified on 11 August 2021 its decision to accept the BMVI Regulation and implement it in its internal legal order.
  4. Article 7(6) of the BMVI Regulation provides that arrangements should specify the nature and modes of participation of Schengen associated countries.
  5. On 21 February 2022, the Council authorised the Commission to negotiate with Iceland, Norway, Switzerland and Liechtenstein on their financial contributions and supplementary rules for participation in the BMVI.
  6. The Commission submitted a proposal for a Council Decision on conclusion on 10 July 2023; the Council adopted a decision on signing on 28 September 2023, and the agreement was signed on 28 November 2023.
  7. The rapporteur agrees that the BMVI offers the opportunity to implement actions in shared, direct and indirect management modes, and that the agreement should allow implementation in Switzerland in accordance with Union financial management and control rules.
  8. The rapporteur considers that all rules applicable for the management of the programmes should apply to Switzerland in the same way as for Member States.
  9. The rapporteur considers that formal, legally binding agreements with associated countries are crucial for transparency, public scrutiny and democratic oversight, especially for the 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; the agreement introduces mechanisms for swift adjustments and ensures the mid-term review takes into account delayed participation.
  11. Horizontal obligations for 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.
  12. The agreement also contains a provision on the European Travel Information and Authorisation System (ETIAS).

Who is affected

  • Switzerland: must accept and implement the BMVI Regulation and comply with Union financial management and control rules.
  • Schengen associated countries: the agreement sets supplementary rules for their participation in the BMVI.
  • Member States: horizontal obligations for budgetary and financial controls apply to them and are extended to Switzerland via the agreement.

Figures and deadlines

  • 2021 to 2027: period of the Instrument for Financial Support for Border Management and Visa Policy.
  • 7 July 2021: date of adoption of the BMVI Regulation.
  • 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 the negotiations with Switzerland were successfully concluded by initialling.
  • 10 July 2023: date the Commission submitted the proposal for a Council Decision on conclusion.
  • 28 September 2023: date the Council adopted a Decision on signing.
  • 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.