Date: 13-May-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2024/1291 of 29 April 2024 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

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

The Council Decision (EU) 2024/1291 approves, on behalf of the European Union, the Agreement between the EU and the Swiss Confederation on supplementary rules related to the Instrument for Financial Support for Border Management and Visa Policy, which is part of the Integrated Border Management Fund for the period 2021 to 2027. This agreement concerns the financial contributions of Switzerland and the supplementary rules for its participation in the specified Instrument.

Key Changes

The Council has approved the Agreement between the EU and Switzerland concerning the Instrument for Financial Support for Border Management and Visa Policy for 2021-2027.
The Commission is authorized to approve modifications to Article 2(1)(a) of the Agreement to reflect updates to Regulation (EU, Euratom) 2018/1046 (the Financial Regulation).
Denmark and Ireland are not participating in the adoption of this decision.
The President of the Council is designated to provide notification as per Article 14(1) of the Agreement.

Impact Analysis

Stakeholders

Denmark and Ireland: These countries are not bound by this decision due to their specific positions regarding the Schengen acquis.

Suggested Action Items

Relevant EU and Swiss authorities should implement the Agreement to facilitate cooperation on border management and visa policy.

Key Entities Referenced

European Union: A political and economic union of member states located primarily in Europe. Swiss Confederation: A federal republic in Europe. Council of the European Union: A body of the European Union comprising representatives of member states. European Commission: An institution of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU. European Parliament: The parliamentary body of the European Union. Integrated Border Management Fund: An EU fund supporting border management and visa policy. Instrument for Financial Support for Border Management and Visa Policy: A specific instrument within the Integrated Border Management Fund. Regulation (EU) 2021/1148: Regulation establishing the Instrument for Financial Support for Border Management and Visa Policy. Regulation (EU, Euratom) 2018/1046 (Financial Regulation): Regulation on the financial rules applicable to the general budget of the Union. Council Decision 2002/192/EC: Council Decision concerning Ireland’s request to take part in some of the provisions of the Schengen acquis. Council Decision (EU) 2023/2111: Council Decision on the signing of the Agreement between the EU and the Swiss Confederation.

Official Source Record View Original Source →

See Full Document Text

                Official Journal EN
of the European Union L series
2024/1291 13.5.2024
COUNCIL DECISION (EU) 2024/1291
of 29 April 2024
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
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
Article 218(6), second subparagraph, point (a), and Article 218(7) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) On 21 February 2022, the Council authorised the Commission to open negotiations (2) with Iceland, the Kingdom of
Norway, the Swiss Confederation and the Principality of Liechtenstein for the arrangements on the financial
contributions of those countries and the supplementary rules necessary for their participation in the Instrument for
Financial Support for Border Management and Visa Policy for the period 2021 to 2027, including provisions
ensuring the protection of the Union’s financial interests and the powers of audit of the Court of Auditors, to be
concluded pursuant Regulation (EU) 2021/1148 of the European Parliament and of the Council (3). The negotiations
with the Swiss Confederation were successfully concluded by the initialling of the Agreement on 14 February 2023.
(2) In accordance with Council Decision (EU) 2023/2111 (4), 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 (‘the Agreement’)
was signed on 28 November 2023, subject to its conclusion at a later date.
(3) Pursuant to Article 218(7) of the Treaty on the Functioning of the European Union, it is appropriate for the Council
to authorise the Commission to approve modifications to the Agreement that are necessary with a view to adjusting
references to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (5) (the ‘Financial
Regulation’) whenever that Regulation is updated.
(4) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on
European Union and 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.
(1) Consent of 10 April 2024 (not yet published in the Official Journal).
(2) Council Decision (EU) 2022/442 of 21 February 2022 authorising the opening of negotiations with Iceland, the Kingdom of
Norway, the Swiss Confederation and the Principality of Liechtenstein with a view to concluding agreements between the European
Union and those countries 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 (OJ L 90, 18.3.2022, p. 116).
(3) Regulation (EU) 2021/1148 of the European Parliament and of the Council of 7 July 2021 establishing, as part of the Integrated
Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (OJ L 251, 15.7.2021,
p. 48).
(4) Council Decision (EU) 2023/2111 of 28 September 2023 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 Border
Management and Visa Policy, as part of the Integrated Border Management Fund, for the period 2021 to 2027 (OJ L, 2023/2111,
6.10.2023, ELI: http://data.europa.eu/eli/dec/2023/2111/oj).
(5) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules
applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU)
No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and
Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
ELI: http://data.europa.eu/eli/dec/2024/1291/oj 1/2EN
OJ L, 13.5.2024
(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 (6); 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 Border Management and Visa Policy, as part of the Integrated Border Management
Fund, for the period 2021 to 2027 (7) (‘the Agreement’) is hereby approved on behalf of the Union.
Article 2
The President of the Council shall, on behalf of the European Union, give the notification provided for in Article 14(1) of
the Agreement (8).
Article 3
For the purposes of Article 2, paragraph 2, point (b) of the Agreement, modifications of Article 2, paragraph 1, second
subparagraph, point (a) of the Agreement to take into account any amendment, repeal, replacement or recast of the
Financial Regulation shall be approved by the Commission on behalf of the Union.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 29 April 2024.
For the Council
The President
D. CLARINVAL
(6) 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).
(7) The text of the Agreement is published in OJ L, 2024/1292, 13.5.2024, ELI: http://data.europa.eu/eli/agree_internation/
2024/1292/oj.
(8) 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.
2/2 ELI: http://data.europa.eu/eli/dec/2024/1291/oj
            