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25.5.2011 Official
Journal
of
the
European
Union L
137/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 21 March 2011
on the conclusion, on behalf of the European Union, of an Agreement between the European
Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and
the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund
for the period 2007 to 2013
(2011/305/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(3) According
to
Council
Decision
2010/374/EC
of
30 November 2009 ( 2 ), and pending its conclusion at a
later date, the Agreement between the European
Community and the Republic of Iceland, the Kingdom
Having regard to the Treaty on the Functioning of the European
of Norway, the Swiss Confederation and the Principality
Union, and in particular Article 77(2)(d) in conjunction with
of Liechtenstein on supplementary rules in relation to the
Article 218(6)(a)(v) thereof,
External Borders Fund for the period 2007 to 2013
(hereinafter referred to as ‘the Agreement’) was signed
on 19 March 2010 on behalf of the Union, and
applied on a provisional basis.
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
(4)
As a consequence of the entry into force of the Treaty of
Lisbon on 1 December 2009, a Joint Declaration by the
European Union and the Republic of Iceland, the
Whereas:
Kingdom of Norway, the Swiss Confederation and the
Principality of Liechtenstein on the Agreement between
the European Community and the Republic of Iceland,
the Kingdom of Norway, the Swiss Confederation and
(1) According
to
Article
11
of
Decision
No
574/2007/EC
of
the Principality of Liechtenstein on supplementary rules
the European Parliament and of the Council of 23 May
in relation to the External Borders Fund for the period
2007 establishing the External Borders Fund for the
2007 to 2013 has been agreed by all Parties at the time
period 2007 to 2013 as part of the General
of the signature, and attached to the Agreement, stating
programme ‘Solidarity and Management of Migration
that the European Union has replaced and suceeded the
Flows’ ( 1 ) the third countries associated with the imple
European Community.
mentation, application and development of the Schengen
acquis shall participate in the Fund in accordance with its
provisions and arrangements should be concluded to
specify supplementary rules necessary for such partici
pation, including provisions ensuring the protection of
the Community’s financial interests and the power of
(5)
In accordance with Articles 1 and 2 of the Protocol on
audit of the Court of Auditors.
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
(2) Following
the
authorisation
given
to
the
Commission
on
subject to its application. Given that this Decision builds
20 December 2007, negotiations with the Republic of
upon the Schengen acquis, Denmark shall, in accordance
Iceland, the Kingdom of Norway, the Swiss Confed
with Article 4 of that Protocol, decide within a period of
eration and the Principality of Liechtenstein were
6 months after the Council has decided on this Decision
concluded on 30 June 2009.
whether it will implement it in its national law.
( 1 ) OJ L 144, 6.6.2007, p. 22.
( 2 ) OJ L 169, 3.7.2010, p. 22.

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L 137/2
EN
Official Journal of the European Union
25.5.2011
(6) This
Decision
constitutes
a
development
of
the rules in relation to the External Borders Fund for the period
provisions of the Schengen acquis in which the United
2007 to 2013 (hereinafter referred to as ‘the Agreement’) ( 3 )
Kingdom does not take part, in accordance with Council
and the Declarations thereto are hereby approved on behalf
Decision 2000/365/EC of 29 May 2000 concerning the
of the Union.
request of the United Kingdom of Great Britain and
Northern Ireland to take part in some of the provisions
of the Schengen acquis ( 1 ). The United Kingdom is
Article 2
therefore not taking part in its adoption and is not
bound by it or subject to its application.
The President of the Council is hereby authorised to designate
the person(s) empowered to deposit on behalf of the Union the
instrument of approval provided for in Article 13(2) of the
(7) This
Decision
constitutes
a
development
of
the Agreement in order to bind the Union.
provisions of the Schengen acquis in which Ireland does
not take part, in accordance with Council Decision
2002/192/EC of 28 February 2002 concerning Ireland’s
Article 3
request to take part in some of the provisions of the
Schengen acquis (
This Decision shall enter into force on the day of its adoption.

2 ). Ireland is therefore not taking part
in its adoption and is not bound by it or subject to its
application.
Article 4
This Decision shall be published in the Official Journal of the
(8) The
Agreement
should
be
concluded,
European Union.
HAS ADOPTED THIS DECISION:
Done at Brussels, 21 March 2011.
Article 1
For the Council
The Agreement between the European Community and the
Republic of Iceland, the Kingdom of Norway, the Swiss Confed
The President
eration and the Principality of Liechtenstein on supplementary
MARTONYI J.
( 1 ) OJ L 131, 1.6.2000, p. 43.
( 3 ) The Agreement has been published in OJ L 169, 3.7.2010, p. 24
( 2 ) OJ L 64, 7.3.2002, p. 20.
together with the decision on signature.

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