Council Decision (EU) 2024/199 of 13 November 2023 on the signing, on behalf of the Union, and provisional application 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
Date: 2023-11-13
Institutions: Council of the European Union
Subjects: EU visa policy, Liechtenstein, Schengen Agreement, agreement (EU), external border of the EU, fund (EU), interim agreement (EU), signature of an agreement








L_202400199EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2024/199


4.1.2024







            COUNCIL DECISION (EU) 2024/199
of 13 November 2023
         
on the signing, on behalf of the Union, and provisional application 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


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(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 21 February 2022, the Council authorised the Commission, by Council Decision (EU) 2022/442 (1), to open negotiations 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, 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 to Regulation (EU) 2021/1148 of the European Parliament and of the Council (2). The negotiations with the Principality of Liechtenstein were successfully concluded by the initialling of an Agreement on 16 June 2023.












(2)


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.












(3)


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 (3). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.












(4)


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 should be signed on behalf of the Union. Certain provisions of that Agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force,





HAS ADOPTED THIS DECISION:



Article 1
The signing 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 (the ‘Agreement’) is hereby authorised, subject to the conclusion of the Agreement (4).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
The Agreement, with the exception of its Article 5, shall be applied on a provisional basis in accordance with its Article 13(6) as from the day following its signature, pending the completion of the procedures necessary for its entry into force.


Article 4
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 13 November 2023.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  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).

(2)  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).

(3)  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).

(4)  The text of the Agreement is published in OJ L, 2024/200, 4.1.2024, ELI: http://data.europa.eu/eli/agree_internation/2024/200/oj



ELI: http://data.europa.eu/eli/dec/2024/199/oj
ISSN 1977-0677 (electronic edition)