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Decision No 574/2007/EC of the European Parliament and of the Council (repealed)Show full title

Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (repealed)

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CHAPTER IIPRINCIPLES OF ASSISTANCE

Article 8Complementarity, consistency and compliance

1.The Fund shall provide assistance which complements national, regional and local actions, integrating into them the priorities of the Community.

2.The Commission and the Member States shall ensure that assistance from the Fund and the Member States is consistent with the activities, policies and priorities of the Community. This consistency shall be indicated in particular in the multiannual programme referred to in Article 21.

3.Operations financed by the Fund shall comply with the provisions of the Treaty and of acts adopted thereunder.

Article 9Programming

1.The objectives of the Fund shall be pursued within the framework of the multiannual programming period from 2007 to 2013, subject to a mid-term review in accordance with Article 24. The multiannual programming system shall include the priorities and a process for management, decision making, auditing and certification.

2.The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.

Article 10Subsidiary and proportional intervention

1.Implementation of multiannual and annual programmes referred to in Articles 21 and 23 shall be the responsibility of Member States at the appropriate territorial level, in accordance with the institutional system specific to each Member State. This responsibility shall be exercised in accordance with this Decision.

2.In relation to audit provisions, the means employed by the Commission and the Member States shall vary according to the size of the Community contribution. The same principle shall apply to provisions on evaluation and to the reports on multiannual and annual programmes.

Article 11Implementation methods

1.The Community budget allocated to the Fund shall be implemented in accordance with Article 53(1)(b) of the Financial Regulation, with the exception of the Community actions referred to in Article 7 and the technical assistance referred to in Article 17 of this Decision.

2.The Commission shall exercise its responsibility for implementing the general budget of the European Union by:

(a)checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 34;

(b)withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 43 and 44, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 47 and 48.

3.Countries associated with the implementation, application and development of the Schengen acquis shall participate in the Fund in accordance with this Decision.

4.Arrangements shall be concluded to specify the supplementary rules necessary for such participation, including provisions ensuring the protection of the Community's financial interests and the power of audit of the Court of Auditors.

Article 12Partnership

1.Each Member shall organise, in accordance with current national rules and practices, a partnership with the authorities and bodies which are involved in the implementation of the multiannual programme or which, according to the Member State concerned, are able to make a useful contribution to its development.

Such authorities and bodies may include the competent regional, local, urban and other public authorities, international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR), and bodies representing civil society, such as non-governmental organisations or social partners.

2.Such partnership shall be conducted in full compliance with the respective institutional, legal and financial jurisdiction of each partner category.

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