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DRAFT 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

LIBE-PR-758915

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

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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 Liechtenstein on supplementary rules for its participation in the Instrument for Financial Support for Border Management and Visa Policy for 2021 to 2027. The rapporteur recommends that Parliament give its consent to the draft Council decision. The agreement sets out the financial contributions and supplementary rules needed for Liechtenstein to take part in the instrument, including rules on financial management and control, audit and anti-fraud obligations, and a provision on the European Travel Information and Authorisation System.

Committee position. The rapporteur recommends that Parliament give its consent to the draft Council decision concluding the agreement with Liechtenstein, 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 European Union and 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 the period 2021 to 2027.
  3. Liechtenstein notified its decision to accept the content of the BMVI Regulation and to implement it in its internal legal order on 18 August 2021.
  4. The Council authorised the Commission to open negotiations with Iceland, Norway, Switzerland and Liechtenstein on 21 February 2022; negotiations with Liechtenstein were concluded by initialling the agreement on 16 June 2023.
  5. The Commission submitted a proposal for a Council decision on conclusion to the Council on 29 September 2023, and the Council adopted a decision on signing and provisional application on 13 November 2023; the agreement was signed on 28 November 2023 in Brussels.
  6. The rapporteur agrees that the agreement should ensure that implementation in Liechtenstein under shared, direct or indirect management follows the Union's principles and rules on financial management and control.
  7. The rapporteur considers that all rules applicable to programme management should apply to Liechtenstein in the same way as to member states, given the specific nature of the Schengen acquis and the importance of its uniform application.
  8. The rapporteur considers that formal, legally binding agreements with associated countries are of crucial importance for transparency, public scrutiny and democratic oversight, especially for the use of the EU budget.
  9. Liechtenstein must fully accept Union measures that develop or build upon the Schengen acquis, including the BMVI Regulation, and take measures to comply with provisions on financial management and control laid down in the TFEU and derived Union law.
  10. The agreement introduces mechanisms for swift adjustments if key Union legislation such as the Financial Regulation and the Common Provisions Regulation changes, and ensures that the mid-term review of the BMVI takes into account the delayed participation of the Schengen associated countries.
  11. 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 Liechtenstein through the agreement.
  12. The agreement contains a provision on the European Travel Information and Authorisation System.

Who is affected

  • Liechtenstein: must accept and implement the BMVI Regulation and supplementary rules, including on financial management and control.
  • Member states: their horizontal obligations on budgetary and financial controls are extended to Liechtenstein through the agreement.
  • EU institutions: the Court of Auditors, OLAF, the EPPO and the Commission gain audit and control powers over Liechtenstein's use of the instrument.

Figures and deadlines

  • 2021 to 2027: the period of the Instrument for Financial Support for Border Management and Visa Policy.
  • 7 July 2021: date of adoption of Regulation (EU) 2021/1148 establishing the BMVI Regulation.
  • 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 negotiations with Liechtenstein were concluded by initialling the agreement.
  • 29 September 2023: date the Commission submitted its proposal for a Council decision on conclusion.
  • 13 November 2023: date the Council adopted a decision on signing and provisional application.
  • 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.