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1. The Fund shall be open to third countries that fulfil the criteria listed in paragraph 2, in accordance with the conditions laid down in a specific agreement covering the participation of the third country in the Fund.

2. In order for a third country to be eligible to be associated to the Fund as referred to in paragraph 1, it shall have concluded with the Union an agreement on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or lodged in that third country.

3. The specific agreement covering the participation of the third country in the Fund, shall at a minimum:

(a) enable cooperation with the Member States and the Union institutions, bodies, offices and agencies in the area of asylum, migration and return in the spirit of the principle of solidarity and fair sharing of responsibility;

(b) be underpinned, throughout the duration of the Fund, by the principles of non-refoulement, democracy, the rule of law and respect for human rights;

(c) ensure a fair balance as regards the contributions made by, and the benefits received by, the third country participating in the Fund;

(d) lay down the conditions of participation in the Fund, including the calculation of financial contributions to the Fund, and its administrative costs;

(e) not confer on the third country any decision-making power in respect of the Fund;

(f) guarantee the rights of the Union to ensure sound financial management and to protect its financial interests;

(g) provide that the third country grants the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors in accordance with Article 8.

The contributions referred to in point (d) of the first subparagraph shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.