Date: 2018-07-02Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2018/929 of 25 June 2018 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 external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020
**Executive Summary:**
This Council Decision EU 2018/929 approves, on behalf of the Union, the Agreement between the European Union and the Swiss Confederation 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. The agreement was signed on March 15, 2018, and this decision allows the President of the Council to notify the EU's consent to be bound by the Agreement. The decision entered into force on June 25, 2018.
**Key Points / Main Content:**
* **Agreement Approval:**
* The Agreement between the EU and Switzerland regarding financial support for external borders and visa (Internal Security Fund, 2014-2020) is approved.
* The full text of the Agreement is attached to the Decision.
* **Notification of Consent:**
* The President of the Council is authorized to notify the EU's consent to be bound by the Agreement.
* **Territorial Application:**
* Denmark is not bound by this decision, pending a decision on its implementation in national law within six months.
* The United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application.
* Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.
**Impact Analysis:**
* **European Union:**
* *Impact:* The EU is now party to the Agreement with Switzerland, establishing supplementary rules for financial support of external borders and visa within the Internal Security Fund.
* *Action Required:* The President of the Council must formally notify the EU's consent to be bound by the Agreement.
* **Swiss Confederation:**
* *Impact:* Switzerland is party to the Agreement with the EU, allowing participation in the instrument for financial support for external borders and visa as part of the Internal Security Fund.
* *Action Required:* None specified in this document.
* **Council of the European Union:**
* *Impact:* The Council is responsible for adopting the decision to approve the agreement.
* *Action Required:* Ensure the President of the Council provides the notification as outlined in Article 2.
* **European Parliament:**
* *Impact:* The European Parliament has given consent to the agreement.
* *Action Required:* None.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Swiss Confederation: A federal republic in Europe.
Internal Security Fund: An instrument for financial support for external borders and visa within the European Union.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
European Parliament: The directly elected parliamentary institution of the European Union.
Council of the European Union: A body composed of government ministers from each EU member state.
Schengen acquis: The body of law which regulates the functioning of the Schengen Area.
Denmark: A country in Northern Europe and a member state of the European Union, but has special provisions regarding the Schengen acquis.
2.7.2018 EN Official Journal of the European Union L 165/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2018/929
of 25 June 2018
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 external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2), in conjunction
with point (a) of the second subparagraph of Article 218(6) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) In accordance with Council Decision (EU) 2018/404 (2), the Agreement between the European Union and the
Swiss Confederation 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 (‘the Agreement’) was signed
on 15 March 2018, subject to its conclusion at a later date.
(2) Regulation (EU) No 515/2014 of the European Parliament and of the Council (3) provides that the countries
associated with the implementation, application and development of the Schengen acquis participate in the
instrument for financial support for external borders and visa, 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 powers of audit of the Court of Auditors.
(3) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the
adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds
upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of
six months after the Council has decided on this Decision whether it will implement it in its national law.
(4) This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom
does not take part, in accordance with Council Decision 2000/365/EC (4); the United Kingdom is therefore not
taking part in the adoption of this Decision and is not bound by it or subject to its application.
(1) Consent of the European Parliament given on 13 March 2018 (not yet published in the Official Journal).
(2) Council Decision (EU) 2018/404 of 13 March 2018 on the signing, 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 external borders and
visa, as part of the Internal Security Fund, for the period 2014 to 2020 (OJ L 74, 16.3.2018, p. 1).
(3) 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 and repealing Decision No 574/2007/EC (OJ L 150,
20.5.2014, p. 143).
(4) Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to
take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).L 165/2 EN Official Journal of the European Union 2.7.2018
(5) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take
part, in accordance with Council Decision 2002/192/EC (1); Ireland is therefore not taking part in the adoption
of this Decision and is not bound by it or subject to its application.
(6) The Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Swiss Confederation 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 is hereby approved on behalf of the Union (2).
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 19(2) of the
Agreement, in order to express the consent of the European Union to be bound by the Agreement.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 25 June 2018.
For the Council
The President
N. DIMOV
(1) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen
acquis (OJ L 64, 7.3.2002, p. 20).
(2) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of
the Council.