EN Official Journal of the European Union L 83/37

DECISION No 1/2008 OF THE EU/SWITZERLAND MIXED COMMITTEE ESTABLISHED BY THE AGREEMENT CONCLUDED BETWEEN THE EUROPEAN UNION, THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION CONCERNING THE LATTER’S ASSOCIATION IN THE IMPLEMENTATION, APPLICATION AND DEVELOPMENT OF THE SCHENGEN ACQUIS

of 28 February 2008

amending its Rules of Procedure

(2008/265/EC)

THE MIXED COMMITTEE,

Having regard to the Protocol (1) 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 concluded between the European Union, the European Community and the Swiss Confederation concerning the latter’s association in the implementation, application and development of the Schengen acquis (hereinafter the ‘Protocol’ and the ‘Agreement’, respectively), and in particular Articles 3 and 4 of the Protocol,

Whereas following the signature of the Protocol, the membership of the Mixed Committee set up under the Agreement is to be extended with a representative of the Principality of Liechtenstein, which is to be reflected in the Rules of Procedure of the Mixed Committee,

HAS DECIDED AS FOLLOWS:

Article 1

The Rules of Procedure of the Mixed Committee adopted by its Decision No 1/2004 of 26 October 2004 (2) are hereby amended as follows:

1. Article 1 shall be replaced by the following: ‘Article 1 The Mixed Committee shall be composed of representatives of the Government of the Swiss Confederation (hereinafter Switzerland) and the Principality of Liechtenstein (hereinafter Liechtenstein), the members of the Council of the European Union (hereinafter the Council) and the Commission of the European Communities (hereinafter the Commission). The Committee shall be chaired: — at the level of experts: by the delegation representing the member of the Council holding the Presidency thereof, — at the level of senior officials and Ministers: in the first six months of the year: by the delegation representing the member of the Council holding the Presidency; in the second six months of the year: alternately, by the delegation representing the Government of Switzerland (hereinafter the Swiss delegation) and by the delegation representing the Government of Liechtenstein (hereinafter the Liechtenstein delegation). The delegation representing the member of the Council holding the Presidency may cede the chair of the Mixed Committee to the delegation representing the member of the Council which will hold the next Presidency. The Swiss delegation as well as the Liechtenstein delegation may cede the chair of the Mixed Committee meeting at the level of senior officials and Ministers to another delegation prepared to perform that function.’;

2. in Article 4, the following paragraph shall be added: ‘If, in a case contemplated in Article 5(4) of the Protocol, the Liechtenstein delegation considers that the content of an act or measure is of a nature to affect the principles of direct democracy, a meeting of the Mixed Committee at ministerial level shall be convened by or at the request of Liechtenstein within three weeks. The Mixed Committee shall carefully examine all ways to continue the Protocol, in particular any alternative solutions proposed by the Liechtenstein delegation. If, after an in-depth examination within the period referred to in Article 5(4) of the Protocol, the Mixed Committee does not accept such ways, termination of the Protocol shall take effect three months after expiry of that period.’;

3. in the first and second paragraphs of Article 5, ‘and Liechtenstein’ shall be added after ‘representatives of Switzerland’;

4. in the second paragraph of Article 6 ‘and Liechtenstein’ shall be added after ‘Switzerland’;

5. the first paragraph of Article 9 shall be replaced by the following: ‘Notifications made by the Chairperson in accordance with these Rules of Procedure shall be addressed to the Swiss mission to the European Communities as well as to the mission of Liechtenstein to the European Union, to the representations of the Member States of the European Union and to the Commission.’;

6. Article 13 shall be replaced by the following: ‘Article 13 Where the Mixed Committee has been notified in accordance with Article 7(4) of the Agreement or Article 5(4) of the Protocol, any decision by the Mixed Committee to continue the Agreement or the Protocol shall require unanimity. Where the termination of the Agreement or the Protocol results from non-acceptance of an act or a measure which does not apply to Ireland and/or the United Kingdom, their respective representatives may not oppose unanimity.’.

Article 2

This Decision shall take effect on the date of its adoption.

Article 3

This Decision shall be published in the Official Journal of the European Union. Switzerland and Liechtenstein shall be responsible for its official publication in their respective countries.

Done at Brussels, 28 February 2008. For the Mixed Committee The Chairperson D. MATE

(1) Council document 16462/06; accessible on http://register.consilium.europa.eu

(2) OJ C 308, 14.12.2004, p. 2.