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

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 to open negotiations (1) 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 (2). The negotiations with the Swiss Confederation were successfully concluded by the initialling of the Agreement on 14 February 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 should be signed on behalf of the Union,

HAS ADOPTED THIS DECISION:

Article 1

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 (‘the Agreement’) is hereby authorised, subject to the conclusion of the said 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

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

Done at Brussels, 28 September 2023.

For the Council

The President

F. GRANDE-MARLASKA GÓMEZ

(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 will be published together with the decision on its conclusion.

ELI: http://data.europa.eu/eli/dec/2023/2111/oj

ISSN 1977-0677 (electronic edition)