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Commission Implementing Regulation (EU) 2023/168 of 25 January 2023 establishing the template for the annual performance reports on the Instrument for Financial Support for Border Management and Visa Policy for the 2021-2027 programming period, pursuant to Regulation (EU) 2021/1148 of the European Parliament and of the Council

Current text a fecha 2026-04-15

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 29(5) thereof,

After consulting the Home Affairs Funds Committee,

Whereas:

(1) Regulation (EU) 2021/1060 of the European Parliament and of the Council (2), together with the Regulations (EU) 2021/1147 (3), (EU) 2021/1148 and (EU) 2021/1149 of the European Parliament and of the Council (4) (‘Fund-specific Regulations’) establishing respectively the Asylum, Migration and Integration Fund, the Instrument for Financial Support for Border Management and Visa Policy and the Internal Security Fund, constitute a framework for Union funding contributing to the development of the area of freedom, security and justice.

(2) Regulation (EU) 2021/1060, and in particular Article 41(7) thereof, requires Member States to submit an annual performance report to the Commission for each programme in accordance with the Fund-specific Regulations.

(3) To ensure uniform conditions in the implementation of annual reporting and that the information provided to the Commission is consistent and comparable, the Regulation (EU) 2021/1148 sets out the need to establish a template for the annual performance reports by means of an implementing act.

(4) In accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland does not take part in Regulation (EU) 2021/1148. Therefore, Ireland is not bound by this Regulation.

(5) In accordance with Article 4 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark implemented Regulation (EU) 2021/1148 in its national law. Therefore, Denmark is bound by this Regulation.

(6) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis (5) within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, Points A and B of Council Decision 1999/437/EC (6).

(7) However, pursuant to Article 7(6) of Regulation (EU) 2021/1148, participation of Iceland and Norway in the Instrument for Financial Support for Border Management and Visa Policy requires arrangements to specify the nature and modes of such participation in accordance with the relevant provisions of their respective association agreements. Therefore this Regulation should apply to Iceland and Norway only once such arrangements are concluded.

(8) As regards Switzerland, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7) which fall within the area referred to in Article 1, points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

(9) However, pursuant to Article 7(6) of Regulation (EU) 2021/1148, participation of Switzerland in the Instrument for Financial Support for Border Management and Visa Policy requires arrangements to specify the nature and modes of such participation in accordance with the relevant provisions of its association agreement. Therefore this Regulation should apply to Switzerland only once such arrangements are concluded.

(10) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on Liechtenstein’s association with the implementation, application and development of the Schengen acquis (9) which fall within the area referred to in Article 1, points A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

(11) However, pursuant to Article 7(6) of Regulation (EU) 2021/1148, participation of Liechtenstein in the Instrument for Financial Support for Border Management and Visa Policy requires arrangements to specify the nature and modes of such participation in accordance with the relevant provisions of its association agreement. Therefore this Regulation should apply to Liechtenstein only once such arrangements are concluded.

(12) To allow for the prompt application of the measures provided for in this Regulation and to ensure that there is no delay in the implementation of the programmes, this Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation establishes the template for the annual performance reports on the Instrument for Financial Support for Border Management and Visa Policy referred to in Article 41(7) of Regulation (EU) 2021/1060 and in Article 29 of Regulation (EU) 2021/1148.

The template is set out in the Annex.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 25 January 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 251, 15.7.2021, p. 48.

(2) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).

(3) Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251, 15.7.2021, p. 1).

(4) Regulation (EU) 2021/1149 of the European Parliament and of the Council of 7 July 2021 establishing the Internal Security Fund (OJ L 251, 15.7.2021, p. 94).

(5) OJ L 176, 10.7.1999, p. 36.

(6) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

(7) OJ L 53, 27.2.2008, p. 52.

(8) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

(9) OJ L 160, 18.6.2011, p. 21.

(10) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).