BAKGRUNN (fra rådsbeslutningen)

(1) The Union established the Instrument for Financial Support for Border Management and Visa Policy (the ‘BMVI’) by means of Regulation (EU) 2021/1148 of the European Parliament and of the Council (2) (the ‘BMVI Regulation’), as part of the Integrated Border Management Fund.

(2) The BMVI Regulation constitutes a development of the Schengen acquis within the meaning of the Association Agreement with Iceland and Norway.

(3) The Instrument for Financial Support for Border Management and Visa Policy, as part of the Integrated Border Management Fund, constitutes a specific instrument in the context of the Schengen acquis designed to ensure strong and effective European integrated border management at external borders, while safeguarding the free movement of persons, in full compliance with the Member States' and associated countries' commitments on fundamental rights, and to support a uniform implementation and modernisation of the common visa policy, thereby contributing to guaranteeing a high level of security in Member States and associated countries.

(4) Article 9(2) of the BMVI Regulation provides that the amount referred to in point (a) of Article 7(3) and the additional resources provided under that Regulation shall be implemented under shared management in accordance with Article 63 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (3) (the ‘Financial Regulation’) and Regulation (EU) 2021/1060 of the European Parliament and of the Council (4) (the ‘CPR’).

(5) Article 7(6) of the BMVI Regulation provides that arrangements shall be made to specify the nature and modes of participation in the BMVI of countries associated with the implementation, application and development of the Schengen acquis.

(6) The BMVI offers the opportunity to implement actions in shared management, direct and indirect management modes, and this Agreement should make it possible that the implementation in any of these methods can be realised in Norway in accordance with the principles and rules of the Union on financial management and control.

(7) In light of the sui generis nature of the Schengen acquis and the importance of its uniform application for the integrity of the Schengen area, all rules applicable for the management of the programmes should apply for Norway in the same way as for Member States.

(8) To facilitate the calculation and use of the annual contributions due by Norway to the BMVI, its contributions for the period 2021 to 2027 should be paid in five annual instalments from 2023 to 2027. From 2023 to 2025, the annual contributions are set in fixed amounts while the contributions due for the years 2026 and 2027 should be determined in 2026 on the basis of the nominal gross domestic product of all States participating in the BMVI taking into account the payments effectively made.

(9) In line with the principle of equal treatment, Norway should benefit from any surplus revenue as defined in Article 86 of Regulation (EU) 2018/1240 of the European Parliament and of the Council (5) (the ‘ETIAS Regulation’). Within the framework of the BMVI, the financial contributions due by Norway to the BMVI are proportionally reduced.

(10) The Union data protection legislation, including Regulation (EU) 2016/679 of the European Parliament and of the Council (6), is covered by the EEA Agreement and has been incorporated into Annex XI thereto. Norway therefore applies that Regulation.

(11) Norway is not bound by the Charter of Fundamental Rights of the European Union, although it is a party to and thus observes the rights and principles recognised by the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols and in the Universal Declaration of Human Rights. References contained in the BMVI Regulation, the CPR and this Agreement to the Charter on Fundamental Rights of the European Union should accordingly be understood as references to that Convention and to the Protocols ratified by Norway and to Article 14 of that Declaration.

(12) Norway should implement the BMVI and this Agreement in line with the Paris Agreement and the Sustainable Development Goals of the 2030 Agenda of the United Nations,