This Agreement shall define the additional provisions necessary for the participation of States associated with the Fund, in accordance with decision n ^O 574 /2007/EC of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 within the framework of the general programme 'Solidarity and Management of Migration Flows' ('the decision ').

(1) Associated States shall take the necessary measures to ensure compliance with the relevant financial management and control provisions of the Treaty establishing the European Community (hereinafter 'the EC Treaty') and in the Secondary Community law.

(2) The provisions referred to in s. 1 are as follows:

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Art. 248, para. 1 to 3, art. 256, art. 274 and art. 280, para. 1 to 3 of the EC Treaty;

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Art. 27, art. 28 ^Bis , art. 52, art. 53 (b), art. 72, para. 2, and art. 95, para. 2, Regulation (EC, Euratom) n ^O Council of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities ¹ (hereinafter 'the Financial Regulation');

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Corresponding provisions of Regulation (EC, Euratom) n ^O Commission of 23 December 2002 laying down detailed rules for the implementation of the Regulation (EC, Euratom) n ^O Council Regulation 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities ² ;

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Regulation (Euratom, EC) n ^O 2185/96 of the Council of 11 November 1996 on on-the-spot checks and checks carried out by the Commission for the protection of the financial interests of the European Communities against fraud and other irregularities ³ ; and

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Regulation (EC) n ^O 1073/1999 of the European Parliament and of the Council of 25 May 1999 on investigations carried out by the European Anti-Fraud Office (OLAF) ⁴ .

The Parties may, by mutual agreement, decide to amend this list.

(3) Associated States shall apply in their territory the provisions referred to in subs. 2, in accordance with this Agreement.

The funds spent on the Fund in the territory of the Associated States shall be used in accordance with the principle of sound financial management.

No financial actor and any other person participating, in the territory of the associated States, in the execution, management, audit or control of the budget shall adopt any act in which his or her own interests may be Conflict with those of the Communities.

Associated States shall take all legislative, regulatory, administrative or other measures necessary for the protection of the interests of the Communities, in accordance with the obligations set out in Art. 53 (b) and art. 95, para. 2, of the Financial Regulation.

Decisions adopted by the Commission, which include, for persons other than States, a pecuniary obligation shall be enforceable in the territory of the associated States.

Enforcement shall be governed by the rules of the civil procedure in force in the State in whose territory it is carried out. The executory formula shall be affixed, without any control other than that of the verification of the authenticity of the title, by the national authority which the government of each of the associated States shall designate for that purpose and from which it will give notice to the Commission.

Following the completion of these formalities at the request of the Commission, the Commission may continue to enforce enforcement in accordance with national law, by entering directly the competent body.

Enforcement can only be suspended by a decision of the Court of Justice of the European Union. However, control of the regularity of enforcement measures falls within the jurisdiction of the courts of the States concerned.

(1) Under s. 280 of the EC Treaty, the associated States:

(a)

Combat fraud and any other illegal activity affecting the financial interests of the Community through measures which are dissuasive and provide effective protection;

(b)

Take the same measures to combat fraud affecting the financial interests of the Community as they take to combat fraud affecting their own financial interests; and

(c)

Coordinate their action to protect the Community's financial interests against fraud.

(2) To this end, the associated States shall adopt measures equivalent to those adopted by the Community under Art. 280, para. 4 of the EC Treaty and which are in force on the date of signature of this Agreement.

The Parties may, by mutual agreement, decide to adopt measures equivalent to any subsequent measure adopted by the Community pursuant to that Article.

Without prejudice to the rights conferred upon it by s. 35 and 47 of the decision, the Commission (OLAF) is authorised to carry out on-the-spot checks and inspections in the territory of the associated states, in accordance with the conditions and procedures of the Regulation (EC, Euratom) n ^O 2185/96 of the Council of 11 November 1996 on on-the-spot checks and checks carried out by the Commission for the protection of the financial interests of the European Communities against fraud and other irregularities, as regards the Funds.

The authorities of the Associated States shall facilitate on-the-spot checks and inspections and may, if they so wish, jointly carry out such checks and checks.

As indicated in s. 248, para. 3, the EC Treaty and chap. 1 of Title VIII of the first part of the Financial Regulation, the Court of Auditors established by the EC Treaty has in particular the possibility of carrying out on-the-spot checks at the premises of any body managing revenue or expenditure on behalf of the Community in the territory of the associated States in respect of the Fund, including in the premises of any natural or legal person receiving payments from the budget.

Control in the associated States shall be carried out in liaison with the national control institutions or, if they do not have the necessary powers, with the competent national authorities. The Court of Auditors and the national audit institutions of the associated states practice a cooperation that is trusted and respectful of their independence. These institutions or services shall make known to the Court of Auditors whether they intend to participate in the monitoring.

The Court of Auditors shall enjoy at least the same rights as those conferred on the Commission under Art. 35 and 47 of the decision, as well as to art. 8 of this Agreement.

(1) Iceland, Norway and Liechtenstein shall apply the provisions of their public procurement legislation in accordance with Annex XVI of the EEA Agreement.

(2) Switzerland shall apply its national procurement legislation in accordance with the provisions of the WTO Agreement on Government Procurement.

Switzerland provides the Commission with a description of its procurement procedures, as well as its management and control system.

In addition, in each final report on the implementation of the annual program, it provides information on the procurement procedures that have been applied.

(1) Associated States shall make an annual payment to the budget allocated to the Fund in accordance with the following tables:

For 2009, payments are made on the basis of non-revisable fixed amounts ¹ .

For the period 2010 to 2013, payments will be made on the basis of the index mentioned in the table, subject to subs. 4.

(2) For the period 2011 to 2013, payments will be made before 15 February of the financial year concerned, following recovery orders issued by the Commission before 15 December of the previous year.

(3) Contributions for 2009 are due in 2010, on an exceptional basis. They will be paid with contributions due by 2010 before February 15, 2010. The contribution of Switzerland shall be paid no later than one month after the date of signature of this Agreement.

The appropriations foreseen for 2009 in favour of the associated states concerned, fixed by the Commission in accordance with Art. 14 and 15 of the decision, are due by the Community, as exceptional appropriations for 2010, as follows:

A single annual programme (2010) will cover both the 2010 appropriations and these exceptional holdings.

From 2010 onwards, the appropriations for the associated states will be calculated on an annual basis, in accordance with Art. 14 and 15 of the decision.

(4) The Parties shall correct the contributions of each Associated State for the financial years 2010, 2011, 2012 and 2013 according to the last figure of the annual GDP available at 1 ^Er May 2012. The correction is made to the contribution for 2013.

For the purposes of this correction, the percentage of the GDP of the associated state concerned shall be calculated as follows:

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In the case of Iceland and Norway, the percentage of GDP in each of these states is calculated in relation to the GDP of all participating countries, as provided for in Art. 12, para. 1, of the Association Agreement with Norway and Iceland;

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As far as Switzerland is concerned, the percentage of its GDP is calculated in relation to the GDP of all participating countries, as provided for in Art. 11 of the Association Agreement with Switzerland;

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As far as Liechtenstein is concerned, the percentage of its GDP is calculated in relation to the GDP of all participating countries, as provided for in Art. 3 of the association protocol with Liechtenstein.

(5) The figures in the table on par. 1 are adjusted by the parties in the event of a change in the total reference amount referred to in s. 13, para. 1, of the annual decision or appropriations in relation to the annual appropriations provided for in the table to paragraph 1. 1, following a decision by the Community budgetary authority, in accordance with point 37 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management ³ In the context of the multiannual financial framework of the European Union for the period 2007 to 2013.

Any adjustment shall be proportionate to the change in the total reference amount or the annual appropriations in question and shall be applied to the year concerned by the amendment.

To this end, the Commission shall communicate to the Associated States, by mail, the adjustments made to the amount of their financial contributions and the procedures to be followed in making the corresponding payments or reimbursements.

(6) The contribution of Liechtenstein shall be made only for the years following the date referred to in Art. 13, para. 6.

(7) The Commission may use up to EUR 300 000 from payments made by the Associated States each year to finance the administrative expenditure related to the internal or external staff necessary to support the implementation, by The associated States, the decision and this Agreement.

(8) For 2009 and 2010, the Commission shall make the Community budgetary commitments for the financial year concerned on the basis of the amounts it allocates to the associated States in accordance with Art. 14 and 15 of the decision.

Information communicated or obtained under this Agreement, in any form, shall be covered by professional secrecy and shall benefit from the protection afforded to similar information by the provisions applicable to the Community institutions and the law of the associated states. Such information may not be communicated to persons other than those who, within the Community institutions, Member States or Associated States, are, by their functions, called upon to be aware of, or used in For purposes other than ensuring effective protection of the financial interests of the parties.

(1) The Secretary-General of the Council of the European Union shall be the depositary of this Agreement.

(2) The Community, Iceland, Norway, Switzerland and Liechtenstein shall approve this Agreement in accordance with their own procedures.

(3) The entry into force of this Agreement shall be subject to the approval of the Community and at least one other Party.

(4) This Agreement shall enter into force in respect of each Party on the first day of the first month following the deposit of its instrument of approval with the depositary.

(5) Except for Art. 6, the Community, Iceland, Norway and Switzerland shall apply this Agreement provisionally from the day following that of its signature, without prejudice to constitutional obligations.

(6) The Community and Liechtenstein shall apply this Agreement provisionally from the day on which the provisions referred to in Art. 2 of the association protocol with Liechtenstein shall enter into force, in accordance with Art. 10 of the said Protocol.

(1) Associated States shall inform the Commission of the authorities they have designated to implement their multiannual programme and the annual programmes, not later than one month after the signing of this Agreement.

(2) Associated States shall submit their draft multiannual programme 2007 to 2013 to the Commission no later than three months after the signature of this Agreement.

(3) Associated States shall submit their draft annual programme for 2010 to the Commission no later than five months after the signature of this Agreement.

(4) Associated States shall submit a description of the management and control systems referred to in Art. 34, para. 2, of the decision, not later than three months after the signature of this Agreement.

(5) The Commission shall approve the multiannual programme within three months of its formal presentation and the annual programme for 2010 within one month following its formal presentation, in accordance with the procedures laid down in the decision and That it is insured, in accordance with the procedure laid down in Art. 34 of the decision, that the associated States have set up management and control systems in accordance with Art. 26 to 32 of the decision.

(6) Associated States shall not submit the evaluation report provided for in Art. 52, para. 2 (a) of the decision.

(1) The Community or an Associated State may denounce this Agreement by notifying the other Parties of its decision. The agreement shall cease to be applicable three months after that notification. Projects and activities in progress at the time of denunciation shall be subject to the conditions set out in this Agreement. The parties shall settle by mutual agreement the other possible consequences of the denunciation.

(2) With respect to Iceland and Norway, this Agreement shall cease to apply where the Association Agreement with Norway and Iceland ceases to be applicable, in accordance with Art. 8, para. 4, art. 11, para. 3, or s. 16 of the latter.

With regard to Switzerland, this Agreement shall cease to be applicable where the Association Agreement with Switzerland ceases to be applicable, in accordance with Art. 7, para. 4, art. 10, para. 3, or s. 17 of the latter.

With respect to Liechtenstein, this Agreement shall cease to be applicable where the association protocol with Liechtenstein ceases to be applicable, in accordance with Art. 5, para. 4, art. 11, para. 1, or s. 11, para. 3, of the latter.

This Agreement, together with the declarations annexed thereto, shall be drawn up in a single original in the English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian and Spanish languages. Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovene, Swedish, Czech, Icelandic and Norwegian, each of these texts being equally authentic.

Done at Brussels, 19 March 2010.

(Suivent signatures)