# EUR-Lex - 52013PC0877 - EN

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# 52013PC0877

**Proposal for a COUNCIL DECISION on the conclusion of the Arrangement with the Kingdom of Norway on the modalities of its participation in the European Asylum Support Office /* COM/2013/0877 final - 2013/0427 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Regulation (EU) No 439/2010 established the
European Asylum Support Office[1]
to strengthen practical cooperation between Member States on asylum, enhance
the implementation of the Common European Asylum System and support Member
States whose asylum and reception systems are under particular pressure.

Recital 24 of the Regulation foresees that
"to fulfil its purpose, the Support Office should be open to participation
by countries which have concluded agreements with the Union by virtue of which
they have adopted and apply law of the Union in the fields covered by this
Regulation, in particular Iceland, Liechtenstein, Norway and Switzerland".
These countries are referred to as the "associate countries".

Accordingly, Article 49 (1) of the
Regulation stipulates that "the Support Office shall be open to the
participation of Iceland, Liechtenstein, Norway and Switzerland as observers.
Arrangements shall be made, specifying in particular the nature, extent and manner
in which those countries are to participate in the Support Office's work. Such
arrangements shall include provisions relating to participation in initiatives
undertaken by the Support Office, financial contributions and staff. As regards
staff matters, those arrangements shall, in any event, comply with the Staff
Regulations."

The participation of associate countries in
the Support Office's work is not only a logical step, having regard to their
association to the Dublin system, but also has a clear added value to the
Support Office's support offer such as: the exchange of best practices and
expertise, the Support Office's permanent and emergency support, the Support
Office's information gathering and analysis, the Support Office's early warning
and preparedness system.

On that basis the Commission presented on 1
July 2011 a recommendation to the Council in order to authorise the Commission
to open negotiations with Iceland, Norway, Switzerland, and Liechtenstein on international agreements establishing such arrangements.

The Commission received the Council
authorisation to open negotiations with Iceland, Norway, Switzerland, and Liechtenstein on arrangements on the modalities of these countries’ participation
in EASO on 27 January 2012.

The negotiations were held jointly with all
associate countries. Four rounds of negotiations took place. The final text of
the draft Arrangement with Norway was initialled on 28 June 2013.

Member States have been informed and
consulted in the relevant Council Working Groups.

On the part of the Union, the legal basis
for the Arrangement is Articles 74 and 78 (1) and (2) in conjunction with
Article 218 of the TFEU.

The Commission signed the Arrangement on [...]. In accordance with
Art. 218(6)(a) of the TFEU the European Parliament's consent for the conclusion
of the Arrangement was given on [...]

2.           RESULTS OF NEGOTIATIONS

The Commission considers that the
objectives set by the Council in its negotiating directives were attained and
that the draft Arrangement is acceptable to the Union.

The final content of it can be summarised
as follows:

The draft Arrangement foresees the full
participation of Norway in the activities of the Support Office [Article 1],
representation in the Support Office's Management Board as an observer and without
voting rights [Article 2], annual financial contributions of Norway, to the
budget of the Support Office by an annual sum calculated in accordance with its
GDP as a percentage of GDP of all States participating in the Support Office's
work [Article 3 and Annex I].

In addition Norway accepted provisions
concerning a possible increased contribution if the Union contribution is
increased [Article 3 and Annex I];

Furthermore the draft Arrangement foresees
the establishment of a committee composed of representatives of the Commission
and of the associate countries. For reasons of efficiency, this committee shall
meet jointly with the corresponding Committees set up
with other associated countries participating on the basis of Article 49 (1) of
the Regulation. The committee was not mentioned in the
negotiating directives and has been requested by the associate countries in
order to allow for an exchange of information and monitor the proper
implementation of the Arrangement [Article 11].

3.           BUDGETARY IMPLICATION

Article 3 and Annex I of the draft Arrangement
describe the provisions related to the annual financial contributions of Norway to the budget of the Support Office and their possible adaptation to the situation
described as per Annex I.

4.           CONCLUSION

In light of the above-mentioned results,
the Commission proposes that the Council approves after having received consent
from the European Parliament, the Arrangement with Norway on the modalities of
its participation in the European Asylum Support Office.

2013/0427 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Arrangement with
the Kingdom of Norway on the modalities of its participation in the European
Asylum Support Office

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European
Union,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 74 and 78 (1) and
(2) in conjunction with Article 218 (6) (a) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the
consent of the European Parliament[2],

Whereas:

(1)       In
accordance with Council Decision 2013/XXX of [...][3], the Arrangement
between the European Union and Norway on the modalities of its participation in
the European Asylum Support Office was signed by the Commission on [ ], subject
to its conclusion.

(2)       The
Arrangement should be approved.

(3)       As specified in recital 21
of Regulation (EU) No 439/2010, the United Kingdom and Ireland are taking part and are bound by that Regulation. They should therefore give effect to
Article 49 (1) of the Regulation by taking part in this Decision. The United Kingdom and Ireland are therefore taking part in this Decision.

(4)       As specified in recital 22
of Regulation (EU) No 439/2010, Denmark is not taking part and is not bound by
that Regulation. Denmark is therefore not taking part in this Decision.

HAS ADOPTED THIS DECISION:

Article 1

The Arrangement between the European Union
and Norway on the modalities of
its participation in the European Asylum Support Office is hereby approved on
behalf of the Union.

The text of the Arrangement is attached to
this Decision.

Article 2

The
President of the Council shall designate the person(s) empowered to proceed, on
behalf of the European Union, to the notification provided for in Article 13(1)
of the Arrangement, in order to express the consent of the European Union to be
bound by the Arrangement.

Article 3

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

ARRANGEMENT
between the European Union and the Kingdom of Norway on the modalities of its participation in the
European Asylum Support Office

THE EUROPEAN UNION, hereinafter referred to as the 'EU'

of the one part, and

THE KINGDOM OF NORWAY, hereinafter referred to as 'Norway',

of the
other part

Having
regard to Article 49(1) of Regulation (EU) No 439/2010 of the European
Parliament and of the Council of 19 May 2010 establishing a European Asylum
Support Office[4], hereinafter referred to as the 'Regulation',

Whereas:

(1) The Regulation states that, to fulfill its purpose, the European
Asylum Support Office, hereafter referred to as the "Support Office",
should be open to participation by countries which have concluded agreements
with the EU by virtue of which they have adopted and apply law of the EU in the
field covered by this Regulation, in particular, Iceland, Liechtenstein, Norway
and Switzerland, hereinafter referred to as the 'associate countries',

(2) Norway has concluded agreements with the EU, by virtue of which
it has adopted and applies law of the EU in the field covered by the
Regulation, in particular the Agreement between the European Community and the
Republic of Iceland and the Kingdom of Norway concerning the criteria and
mechanisms for establishing the State responsible for examining a request for
asylum lodged in a Member State or in Iceland or Norway[5],

HAVE AGREED AS FOLLOWS:

Article 1
Extent of participation

Norway shall participate fully in the work of the Support Office and be
entitled to receive support actions from the Support Office as described in the
Regulation and in accordance with the terms set out by the present Arrangement.

Article 2
Management Board

Norway shall be represented in the Management Board of the Support Office
as an observer without the right to vote.

Article 3
Financial contribution

1. Norway shall contribute to the revenue of the Support Office an annual sum calculated in
accordance with its Gross Domestic Product (GDP) as a percentage of the GDP of
all participating States in accordance with the formula described in Annex I.

2. The financial contribution referred to
in Paragraph 1shall be incurred as from the day following the entry into force
or from the time of provisional application of this Arrangement as referred to
in Article 13 (3) of the Arrangement. The first financial contribution shall be
reduced proportionally to the remaining time in year after the entry into force
or from the time of the provisional application of this Arrangement.

Article 4
Data Protection

1. In applying this Arrangement Norway
shall process data in line with Directive 95/46/EC of the European Parliament
and of the Council of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free movement of such
data.[6]

2. For the purpose of this Arrangement,
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18
December 2000 on the protection of individuals with regard to the processing of
personal data by the Community institutions and bodies and on the free movement
of such data[7] shall apply to the processing of personal data carried out by the
Support Office.

3. Norway shall respect the rules on
confidentiality of documents held by the Support Office, as set out in the
Rules of Procedure of the Management Board.

Article 5
Legal status

The Support Office shall have legal
personality under the law of Norway and shall enjoy in Norway the most extensive legal capacity accorded to legal persons under the law of Norway. It may, in particular, acquire or dispose of movable and immovable property and may
be party to legal proceedings.

Article 6
Liability

The liability of the Support Office shall
be governed by Article 45 (1), (3) and (5) of the Regulation.

Article 7
Court of Justice

Norway shall recognise
the jurisdiction of the Court of Justice of the European Union over the Support
Office, as provided for in Article 45 (2) and (4) of the Regulation.

Article 8
Staff of the Support Office

1. In accordance with Article 38 (1) and 49
(1) of the Regulation, the Staff Regulations of Officials and the Conditions of
Employment of Other Servants of the European Union, the rules adopted jointly
by the European Union institutions for the purpose of applying these Staff
Regulations and the rules adopted by the Support Office according to Article 38
(2) of the Regulation apply to nationals of Norway recruited as staff members
by the Support Office.

2. By way of derogation from Article 12 (2)
(a) and Article 82 (3) (a) of the Conditions of Employment of Other Servants of
the European Union, nationals of Norway enjoying their full rights as citizens
may be engaged under contract by the Executive Director of the Support Office
according to the existing rules for selection and engagement of staff adopted
by the Support Office.

3. Article 38 (4) of the Regulation shall
apply mutatis mutandis to the nationals of Norway.

4. Nationals of Norway may not, however, be
appointed to the post of Executive Director of the Support Office.

Article 9
Privileges and immunities

Norway shall apply to the Support Office and to its staff the Protocol on
the Privileges and Immunities of the European Union[8]
as well as any rules adopted pursuant to this Protocol relating to staff
matters of the Support Office.

Article 10
Combating fraud

The provisions set out in
Article 44 of the Regulation shall be applied and the European Anti-Fraud
Office (OLAF) and the Court of Auditors may exercise the powers conferred on
them.

OLAF and the Court of Auditors shall inform Riksrevisjonen
in good time of any intention to carry out on-the-spot-checks or audits which,
if the Norwegian authorities so wish, may be carried out jointly with Riksrevisjonen.

Article 11
Committee

1. A Committee,
composed of representatives of the European Commission and Norway, shall monitor the proper implementation of the Arrangement and ensure a continuous
process of information provision and exchange of views in this respect. For
practical reasons, the Committee shall meet jointly with the corresponding
Committees set up with other associated countries participating on the basis of
Article 49 (1) of the Regulation. It shall meet upon request by either Norway or the European Commission. The Management Board of the
Support Office shall be informed about the work of this Committee.

2. Information about foreseen EU
legislation, which either directly affects or amends the Regulation or is
expected to have implications relating to the financial contribution laid down
in Article 3 of this Arrangement, shall be shared and an exchange of views
thereon shall take place in the Committee.

Article 12
Annex

Annex I to this
Arrangement shall constitute an integral part of the Arrangement.

Article 13
Entry into force

1. The Contracting Parties shall approve
this Arrangement in accordance with their own internal procedures. They shall
notify each other of the completion of these procedures.

2. This Arrangement shall enter into force
on the first day of the first month following the day of the last notification
referred to in paragraph 1.

3. Upon signature of this Arrangement, the
contracting parties may by a mutual agreement declare that it shall apply
provisionally as from the day following that of its signature.

Article 14
Termination and validity

1. This Arrangement shall be concluded for
an unlimited period.

2. Each Contracting Party may, after
consultations within the Committee, denounce this Arrangement by notifying the
other Contracting Party. The Arrangement shall cease to apply six months after
the date of such notification.

3. This Arrangement shall be terminated in
case of termination of the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for
establishing the State responsible for examining a request for asylum lodged in
a Member State or in Norway or Iceland.

4. This Arrangement shall be drawn up in
one single original in the Bulgarian, Croatian, Czech, Danish, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish,
Swedish and Norwegian languages, each of those texts being equally authentic.

...............

ANNEX I

Formula to calculate the contribution

1. The financial contribution of Norway to the revenue of the Support Office defined in Article 33 (3) (d) of the Regulation
is calculated in the following way:

The most updated final figures of the Gross
Domestic Product (GDP) of Norway available on 31 March of each year shall be
divided by the sum of the GDP figures of all the States participating in the
Support Office available for the same year. The obtained percentage will be
applied to the part of the authorised Support Office's revenue as defined in
Article 33 (3) (a) of the Regulation in the year under consideration to obtain
the amount of the financial contribution of Norway.

2. The financial contribution shall be paid
in Euro.

3. Norway shall pay its financial
contribution no later than 45 days after receiving the debit note. Any delay in
payment shall give rise to the payment of default interest by Norway on the outstanding amount from the due date. The interest rate shall be the rate
applied by the European Central Bank to its principal refinancing operations,
as published in the C series of the Official Journal of the European Union, in
force on the first calendar day of the month in which the deadline falls,
increased by 3.5 percentage points.

4. Norway’s financial contribution shall be
adapted in accordance with this Annex in case the financial contribution from
the European Union entered in the general budget of the European Union as
defined in Article 33 (3) a of the Regulation is increased pursuant to Articles
26, 27 or 41 of the Regulation (EU, Euratom) No 966/2012[9]
on the financial rules applicable to the general budget of the Union and
repealing Council Regulation (EC, Euratom) No 1605/2002. In this case, the
difference shall be due 45 days after receiving the debit note.

5. In the event that payment credits of the
Support Office received from the EU according to Article 33 (3) a of the
Regulation related to a year N are not spent before 31 December of year N or
that the Support Office budget of the year N has been lowered according to
Articles 26, 27 or 41 of the Regulation (EU, Euratom) No 966/2012 on the
financial rules applicable to the general budget of the Union and repealing
Council Regulation (EC, Euratom) No 1605/2002, the part of these unspent or
lowered payment credits corresponding to the percentage of the contribution
made by Norway are transferred to the budget of year N+1 of the Support Office.
  Norway’s contribution to the Support Office’s budget of year N+1 will be
reduced accordingly.

[1]               Regulation (EU) No 439/2010 of the European
Parliament and of the Council of 19 May 2010 establishing a European Asylum
Support Office; OJ L 132/11 of 29.05.2010.

[2]               OJ C [...], [...], p. [...].

[3]               OJ C [...], [...], p. [...].

[4]               OJ L 132, 29.5.2010, p.11

[5]               OJ L 93, 3.4.2001, p.40

[6]               OJ L 281, 23.11.1995, p. 31

[7]               OJ L 8, 12.1.2011, p. 1

[8]               OJ C 83 of 30.3.2010, p.266.

[9]               OJ L 298, 26.10.2012, p. 1