1.   In implementing the BMVI Regulation, Norway shall take the necessary measures to ensure compliance with the provisions relevant to financial management and control, which are laid down in the Treaty on the Functioning of the European Union (‘TFEU’) and in Union law that derives its legal basis from the TFEU.

The provisions referred to in the first subparagraph are the following:

2.   In case of any amendment, repeal, replacement or recast of the Financial Regulation relevant to the BMVI:

3.   Norway shall apply and, where necessary, implement:

To allow Norway to do so, the European Commission shall:

Norway may inform the Union of its position concerning the proposals as soon as possible which shall be given due consideration by the Union.

Norway shall, as soon as possible and in any event not later than 90 days after notification, notify the Union of its decision to accept the acts notified by the Union to Norway under the first subparagraph, point (a) or (b).

4.   Legal entities established in Norway may participate in activities financed from the Instrument under conditions equivalent to those applicable to legal entities established in the Union.

1.   The Commission shall allocate to Norway an additional amount referred to in Article 10(1)(b) of the BMVI Regulation provided that the conditions of Article 14(2) of the BMVI Regulation are complied within two years of the start of the participation of Norway in the Instrument.

2.   Deadlines referring to the entry into force of the BMVI Regulation are to be understood as referring to the date as on which this Agreement enters into force.

1.   Decisions taken by the Commission which impose a pecuniary obligation on persons other than States shall be enforceable in the territory of Norway.

Enforcement of such decisions shall be governed by the rules of civil procedure in force in Norway. An order for its enforcement shall be appended to the relevant decision by the competent authority referred to in the third subparagraph without any formality other than the verification of the authenticity of the decision.

The government of Norway shall designate a competent authority for this purpose and shall make known to the Commission such designation, which shall in turn inform the Court of Justice of the European Union.

Once these formalities have been completed on application by the Commission, the Commission may proceed to enforcement in accordance with Norwegian law by bringing a matter directly before the competent authority.

Enforcement may be suspended only by a decision of the Court of Justice of the European Union. However, the courts of Norway shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.

2.   Judgments of the Court of Justice of the European Union delivered in regard to the application of an arbitration clause contained in a contract or grant agreement within the scope of this Agreement shall be enforceable in Norway in the same manner as European Commission decisions referred to in paragraph 1.

1.   Norway shall:

2.   The competent authorities of Norway shall inform the European Commission or the European Anti-Fraud Office (‘OLAF’) without delay of any fact or suspicion which has come to their notice relating to an irregularity, fraud or other illegal activity affecting the financial interests of the Union. They shall also inform the European Public Prosecutor’s Office (‘EPPO’) when those facts or suspicions concern a case that may fall within the competence of EPPO.

Norway and the Union shall ensure effective mutual assistance in cases where there are investigations or judicial proceedings by the competent authorities of the Union or Norway, in accordance with the applicable legal framework, concerning the protection of each other's financial interests within the scope of this Agreement.

3.   Norway shall adopt equivalent measures to those adopted by the Union in accordance with Article 325(4) of the TFEU that are in force at the date of signature of this Agreement.

4.   The exchange of information between the European Commission, OLAF, EPPO, the Court of Auditors and the competent authorities of Norway shall take place having due regard to the confidentiality requirements. Personal data included in the exchange of information shall be protected in accordance with applicable rules.

1.   The Union shall have the right to conduct technical, financial or other types of reviews and audits on the premises of any natural person residing in or any legal entity established in Norway and receiving Union funding from the BMVI, as well as any third party involved in the implementation of Union funding from the BMVI residing or established in Norway, in the same way as is possible in the Member States of the European Union. Such review and audits may be carried out by the European Commission, OLAF, and the Court of Auditors.

2.   The authorities of Norway shall facilitate the reviews and audits which may, if those authorities so wish, be carried out jointly with them.

3.   The reviews and audits may be carried out, also after the suspension of the rights of legal entities established in Norway derived from the application of this Agreement, or the termination of this Agreement, on any legal commitment implementing the Union budget entered before the date on which the suspension or termination takes effect.

1.   Norway shall make annual payments to the budget of the BMVI in accordance with the formula described in Annex I.

2.   Each year, the Commission may use up to 0,75 % of the payments made by Norway to finance the administrative expenditure for staff or external staff necessary for supporting the implementation by Norway of the BMVI Regulation and this Agreement.

3.   After deduction of the administrative expenditure referred to in paragraph 2, the remaining amount of the annual payments shall be assigned as follows:

4.   An amount equivalent to the Norwegian annual payments shall be used to contribute to a strong and effective European integrated border management at the external borders.

5.   The Union shall provide Norway with information in relation to its financial participation as included in the budgetary, accounting, performance and evaluation related information provided to the Union budgetary and discharge authorities concerning the Instrument.

1.   The Parties shall approve this Agreement in accordance with their own procedures. They shall notify each other of the completion of those procedures. In the case of the Union, the written notification shall be sent to the Secretary-General of the Council of the European Union.

2.   This Agreement shall enter into force on the first day of the first month following the day of the last notification referred to in paragraph 1.

3.   To ensure continuity in providing support in the relevant policy area and to allow implementation to start from the beginning of the 2021–2027 multiannual financial framework, the measures covered by the BMVI Regulation may start before entry into force of the Agreement and at the earliest as of 1 January 2021.

4.   This Agreement may only be amended in writing by common consent of the Parties. The entry into force of the amendments will follow the same procedure as that applicable for the entry into force of this Agreement.

5.   Notwithstanding paragraph 4 of this Article, the Mixed Committee established under Article 3 of the Association Agreement with Iceland and Norway shall be empowered to negotiate and adopt the necessary amendments of the second subparagraph, point (a), of paragraph 1 of Article 2 of this Agreement in case of notification in accordance with Article 15(2) in circumstances in which no agreement has been reached pursuant to Article 2(2) of this Agreement.

1.   The rights of legal entities established in Norway derived from the application of this Agreement may be suspended in line with paragraphs 5 to 7 of this Article by the Union, in case of full or partial non-payment of the financial contribution due by Norway, in case of non-compliance with Article 2(3), including a decision not to accept an act notified under that provision or in circumstances in which the Financial Regulation is subject to an amendment, a repeal, a replacement or a recast relevant to the BMVI and no agreement has been reached pursuant to Article 2(2) within 30 days of the entry into force of such amendment, repeal, replacement or recast of the Financial Regulation.

2.   The Union shall notify Norway of its intention to suspend the rights of legal entities established in Norway derived from the application of this Agreement and, in this case, the matter shall be officially entered on the agenda of the Mixed Committee established under Article 3 of the Association Agreement with Iceland and Norway.

3.   The Mixed Committee shall be convened and the meeting shall take place within 30 days of the notification referred to in paragraph 2. The Mixed Committee shall have 90 days to settle the matter, counting from the date of adoption of the agenda on which the matter has been placed according to paragraph 2. Where the matter cannot be settled by the Mixed Committee within the 90-day deadline, this deadline shall be extended by 30 days with a view to reaching a final settlement.

4.   Where the matter cannot be settled by the Mixed Committee within the deadline provided for in paragraph 3, the Union may suspend the rights of legal entities established in Norway derived from the application of this Agreement as referred to in paragraphs 5 to 7.

5.   In case of suspension, legal entities established in Norway shall not be eligible to participate in award procedures not yet completed when the suspension takes effect. An award procedure shall be considered completed when legal commitments have been entered into as a result of that procedure.

6.   The suspension does not affect the legal commitments entered into with the legal entities established in Norway before the suspension took effect. This Agreement shall continue to apply to such legal commitments.

7.   Any operation necessary to protect the financial interest of the Union and to ensure the fulfilment of financial obligations stemming from commitments entered into under this Agreement prior to the suspension, may be carried out also after the suspension.

8.   The Union shall immediately notify Norway once the amount of the financial or operational contribution due has been received by it, when the non-compliance with Article 2(3) has ended or when the matter related to the Financial Regulation is settled. The suspension shall be lifted with an immediate effect upon this notification.

9.   As of the date when the suspension is lifted, legal entities of Norway shall be again eligible in award procedures launched after this date and in award procedures launched before this date, for which the deadlines for submission of applications has not expired.

1.   Either the Union or Norway may terminate this Agreement by notifying the other Party of its decision. The Agreement shall cease to apply 3 months after the date of such notification. In the case of the Union, the written notification shall be sent to the Secretary-General of the Council of the European Union.

2.   This Agreement shall be terminated automatically when the Association Agreement with Iceland and Norway is terminated in accordance with Article 8(4), Article 11(3) or Article 16 of the Association Agreement with Iceland and Norway.

3.   Where this Agreement is terminated in accordance with paragraph 1 or paragraph 2, the Parties agree that operations where the legal commitments were entered into after the entry into force of this Agreement, and before this Agreement is terminated shall continue until their completion under the conditions laid down in this Agreement.

4.   Any operation necessary to protect the financial interest of the Union and to ensure the fulfilment of financial obligations stemming from commitments entered into under this Agreement prior to its termination, may be carried out also after the termination of this Agreement.

5.   The Parties shall settle by common consent any other consequences of termination of this Agreement.