Proposal for a Council Decision on the conclusion on behalf of the European Union of an Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020

Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa entered into force on 21 May 2014 and became applicable as of 1 January 2014. Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management also entered into force on 21 May 2014 and became applicable as of 1 January 2014. Under Article 19 of Regulation (EU) No 515/2014, the provisions of Regulation (EU) No 514/2014 apply to the instrument for financial support for external borders and visa as part of the Internal Security Fund ('the ISF-Borders and Visa').

The purpose of the ISF-Borders and Visa is to establish a solidarity mechanism binding the participating states by the same European rules on the control of external borders in each other's interests and on each other's behalf. The ISF-Borders and Visa will serve to accomplish a key objective of the Schengen acquis, namely to share responsibility for an 'efficient, high and uniform level of control at the external borders', as set out in Article 15 of Regulation (EU) No 2016/399 of the European Parliament and of the Council. It is thus a development of the Schengen acquis.

Article 5(7) of Regulation (EU) No 515/2014 provides that the countries associated with the implementation, application and development of the Schengen acquis participate in the instrument in accordance with its provisions and that arrangements are to be concluded on their financial contributions and the supplementary rules necessary for such participation, including provisions ensuring the protection of the Union's financial interests and the power of audit of the Court of Auditors, as the respective Association Agreements do not provide for such rules. The aim of the draft Agreement with Norway is to establish the arrangements referred to in Article 5(7) of Regulation (EU) No 515/2014 and to enable the Commission to assume ultimate responsibility for implementation of the budget of the instrument in this associated country and determine this country's contribution to the Union budget in respect of this instrument.

In order to protect the Union's financial interests against fraud and other irregularities, Regulation (EU) No 514/2014 provides for Commission staff, the Court of Auditors and the European Anti-Fraud Office (OLAF) to be granted suitable access to carry out controls. Article 5(9) of Regulation (EU) No 514/2014 adds that cooperation agreements with third countries will expressly empower the Commission, the Court of Auditors and OLAF to conduct such audits, on-the-spot controls and inspections. Consequently, this is provided for in the draft Agreement.

• Primary Source

EUR-Lex: COM(2016)658: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:658:FIN

EUR-Lex: COM(2016)659: Proposal for a Council Decision on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:659:FIN

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