EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 14.09.2004 
COM(2004)593 final 
2004/0199(CNS) 
2004/0200(CNS) 
  
Proposal for a 
COUNCIL DECISION 
on the signature, on behalf of the Euro pean Union, of the Agreement between the 
European Union, the European Community and the Swiss Confederation, concerning 
the latter’s association with  the implementation, applicat ion and development of the 
Schengen Acquis  
Proposal for a 
COUNCIL DECISION 
on the signature, on behalf of the Europe an Community, of the Agreement between the 
European Union, the European Community and the Swiss Confederation concerning the 
latter’s association with the implementati on, application and development of the 
Schengen Acquis  
Proposal for a  
COUNCIL DECISION 
on the conclusion on behalf of the Eu ropean Union of the Agreement between the 
European Union, the European Community and the Swiss Confederation, concerning 
the latter’s association with  the implementation, applicat ion and development of the 
Schengen Acquis  
 
EN    EN Proposal for a 
COUNCIL DECISION 
on the conclusion, on behalf of the Europe an Community, of the Agreement between the 
European Union, the European Community and the Swiss Confederation concerning the 
latter’s association with the implementati on, application and development of the 
Schengen Acquis  
Proposal for a 
COUNCIL DECISION 
on the signature, on behalf of the Europe an Community, of the Agreement between the 
European Community and Switzerland concer ning the criteria and mechanisms for 
establishing the State responsible for exam ining a request for asylum lodged in a 
Member State or in Switzerland 
Proposal for a 
COUNCIL DECISION 
on the conclusion on behalf of the Europe an Community of the Agreement between the 
European Community and Switzerland concer ning the criteria and mechanisms for 
establishing the State responsible for exam ining a request for asylum lodged in a 
Member State or in Switzerland 
(presented by the Commission) 
 
EN 3   EN EXPLANATORY MEMORANDUM  
Negotiations between the European Community  and the Swiss Confederation on Seven 
Agreements were concluded in June 1999. All t hose Agreements entered simultaneously into 
force on 1 June 2002. Attached to the agre ements, the Swiss Confederation made a 
declaration on migration and asylum policy declar ing its intention to participate in the EU 
system for coordinating asylum policies and pro posing that negotiations be entered into for 
the conclusion of a convention pa rallel to the Dublin Convention. 
Following the authorization given to the Comm ission on 17 June 2002, negotiations were held 
with the Swiss Confederation on its association with the implementation, application and 
development of the Schengen Acquis as well as  with the legislation establishing Eurodac1 and 
the legislation on the State responsible for ex amining requests for asylum (which has been 
adopted subsequently and which will be referred to as “Dublin” Regulation2). Consequently, 
the texts of two separate agr eements have been agreed upon.  
According to the negotiating directives, the ag reements follow the model of the agreements 
with Norway and Island - concerning the la tter’s association with the implementation, 
application and developmen t of the Schengen acquis3 and concerning the criteria and 
mechanisms for establishing the State responsib le for examining a request for asylum lodged 
in a Member State or Iceland or Norway4 - adapted to the specific constitutional requirements 
of Switzerland. 
In addition, the negotiating dire ctives requested that Swit zerland must accept the Schengen 
acquis and its development as well as the Dub lin/Eurodac acquis and its development without 
exception and derogation. Furthermore the dir ectives demanded a clear link between the 
implementation and the termination of the two Agreements. The negotiating directives also 
requested that Switzerla nd provide an annual cont ribution of to the ad ministrative cost and 
operational costs of Schengen and of Dublin/Eurodac. 
The Commission considers that the texts are in  accordance with the negotiating directives 
adopted by the Council on 17 June 2002. The sole  exception to the principle of full 
acceptance of the current and future Schengen ac quis is the derogation granted to Switzerland 
in respect ofg the acceptance of future acquis re lated to requests for search and seizure in 
respect of offences in the field of direct ta xation, which if committed in Switzerland, would 
not be punishable under Swiss law with a custodial penalty. This derogation was necessary in 
order to conclude an Agreement with Switzerla nd in the field of savings taxation, which in 
turn was necessary for the entry into for ce of Council directive 2003/48/EC of 3.6.2000 on 
taxation of savings income in the form of interest payments5. COREPER approved this 
                                                 
1 Council Regulation N° 2725/2000/E C of 11.12.2000 concerning the es tablishment of “Eurodac” for the 
comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316 of 
15.12.2000, p. 1) 
2 Council Regulation N° 343/2003/EC of 18.2.2003 establishing the criteria and mechanisms for 
determining the Member State responsible for examin ing an asylum applicati on lodged in one of the 
Member States by a third-country national (OJ L 50 of 25.2.2003, p. 1) 
3 OJ L 176 of 10.7.1999, p. 36. 
4 OJ L 93 of 3.4.2001, p. 40. 
5 O J L 157 of 26.6.2003, p. 38. 
 
EN 4   EN derogation on 17.5.2004 as part of an overall compro mise with Switzerland in a wide range of 
sectors, which was agreed upon in  the EU/Switzerland summit on 19.5.20046. 
As far as indirect taxation is concerned, no derogation has been granted as regards both 
current and future acquis. Switzerland will gran t full judicial cooperation under Article 51 of 
the Schengen Convention concerning cases of indirect tax evasion.7 Indirect tax evasion is 
prosecuted in Switzerland by administrative aut horities where the decision may give rise to 
proceedings before a court having jurisdiction in particular in criminal matters. Therefore, Article 51 a) second alternative of th e Schengen Convention is applicable. 
Since the two agreements on Schengen and on Dublin/Eurodac are linked, both agreements 
should be signed simultaneously. 
The following points are highlighted in order to show the differences with or adaptations to 
the corresponding Agreements concluded with Norway and Iceland: 
Schengen: As the Commission has clearly indicated in its d eclaration made at the time of the adoption of 
the directives for negotiation for the agreement on the Schengen acquis, it is regrettable that 
these directives foresaw a single agreement, including elements from the first as well as from the third pillar. These elements from different pillars are of a fundamentally different nature 
(the elements from the first pillar are of a Community law nature, including supremacy and 
possible direct effect, whereas the elements from the third pillar are not), they are subject to 
different procedures with respect to approval and conclusion (e.g. the third pillar elements are not subject to an opinion of Parliament) and are subject to the ECJ’s jurisdiction to different 
degrees. In order to take account of these di fferences, the Commission proposes to adopt the 
Agreement on the Schengen acquis, by two separa te acts, one based on the Community Treaty 
and the other on the Union Treaty, each decision indicating by a reference to Council Decision 1999/436/EC
8 which parts of the Schengen acquis,  covered by the Agreement, fall 
within the Community Treaty an d which within the Treaty on European Union. This will 
particularly assist the Court as to  the extent of its jurisdiction. 
Agreement: Article 7 (2) b: Switzerland is granted a two y ear period for acceptance and im plementation of future acquis 
into its internal legal order in case a referendu m is requested. If possible, Switzerland has to 
apply the development of the acquis on a provi sional basis. If Switzerland cannot apply the 
content of the development on a provisional ba sis, EU and EC may take proportional and 
necessary measures against Switzerland in order to ensure the efficien t functioning of the 
Schengen cooperation. 
This safeguard clause makes it possible for EU and EC to accept an eventual two year delay 
for the implementation of future acquis by Swit zerland. In this context, Switzerland explained 
                                                
 
6 Council document 9544/04 
7 cf non-paper of the services of the Commission on the Schengen acquis concerning letters rogatory for 
search and seizure, MD 59/03 (EFTA group) 
8 OJ L 176 of 10.7.1999, p. 17. 
 
EN 5   EN that only 5 % of the measur es developing the Schengen ac quis and adopted between the 
integration of the Schengen acquis in the fram ework of the European Union in 1999 and today 
could have lead to an  eventual referendum. 
Article 7 (5): According to the negotiating directives, Switz erland accepts the Schengen acquis and its 
development in its entirety. The only exception to this general principle is laid down in 
Article 7 (5) on the future development of the Schengen acquis and concerns a possible future act or measure relating to a reque st or order for search and se izure made for the purposes of 
investigating or prosecuting offences in the field of direct taxati on, which, if committed in 
Switzerland, would not be punishable under Swiss law with a custodial penalty. 
Article 11: The calculation of the percentage determining the annual contribution of Switzerland to the 
administrative costs is based on the relevant  Norwegian and Icelan dic contributions, in 
relation to the GDP of these three countries. 
Article 13: According to Denmark’s special po sition with regard to acts adopt ed pursuant to Title IV of 
the Treaty establishing the European Commun ity, Denmark needs to conclude a separate 
Agreement with Switzerland in order to create rights and obligations with Switzerland in 
relation to the Schengen acquis adopted pursuant to Title IV. 
In addition, Norway and Iceland also need to  conclude an agreement with Switzerland in 
order to create rights and obligations between all associated partners applying the Schengen 
acquis. 
Article 15: Paragraph 1 lays down the prin ciple that the Schengen acquis  can only be implemented by 
Switzerland after the Council decides that all pr econditions for that implementation have been 
fulfilled by Switzerland and that controls at  its external borders are effective. 
In addition, paragraph 1 provides for the different scenarios for this decision taking according 
to the protocols annexed to the Amsterdam Treat y and to the Act of Accession of the ten new 
Member States. 
Paragraph 3 and 4 implement the demand of the negotiating directives to provide for a link 
between the implementation and termina tion of the Schengen agreement and the 
implementation and termination of the agre ement on the criteria and mechanism for 
establishing the State responsible fo r examining a request for asylum. 
Article 16: Article 16 allows Liechtenstein to join the pr esent Agreement. This provision avoids the 
conclusion of a separate Agreement with Liechte nstein and thus the cr eation of a third Mixed 
Committee once Liechtenstein would be associat ed with the Schengen acquis. Liechtenstein 
can take part in the present organisational structure. 
 
EN 6   EN Annexes A and B list the Schengen acquis and it s development and will  be updated until the 
date of signature. 
Final Act:  
Declaration 2 makes clear that EU/EC does not exercise extern al competences on behalf of 
Switzerland. When negotiations with third countries have an  impact on the Schengen acquis 
(e.g. negotiations on visa waiver agreements) EU /EC will invite third c ountries to conclude 
similar agreements with the three associated countries. Th e declaration can only concern 
Switzerland, but the same comm itment is valid for Norway a nd Iceland, alt hough it has not 
been explicitly mentioned in the final Act to the Agreement with these two countries. 
Declaration 3 is based on the special provision granted to Luxembourg and is a result of the 
compromise reached with Switzerland concerning  its derogation mentioned in Article 7 (5) of 
the Agreement. 
In declaration 5 Switzerland commits itself to speed up as much as possible the different 
procedures where a referendum is asked. 
Declaration 6 is a consequence of accepting the Schengen acquis without exception and 
derogation. 
Declaration 8 only serves information purposes. Exchange of letters on Switzerland’s participa tion in Committees assisting the Commission in 
the exercise of its executive powers:  
Like Norway and Iceland, Switzer land will also participate as observer in the work of the 
Committees assisting the Commission in the exerci se of its executive powers. In declaration 2 
annexed to the Agreement with Norway and I celand, the European Union stated that it 
considers Directive 95/46/EC of the European Parliament and of the Council of 24 October 
1995 on the protection of individuals with regard to the processing of pe rsonal data and on the 
free movement of such data9 to be an integral part of the Schengen acquis. It has not been 
included in the list of the Schengen acquis a ttached to the Agreement with Iceland and 
Norway as the directive already formed part  of the EEA acquis and therefore was applied 
already by Iceland and Norway.  
The participation of these two countries in the work of Committees established in the EEA is 
laid down in Article 100 of the EEA Agreement, which is different to the participation in “Schengen Committees”: in Committees dealing with matters which have an impact on the 
EEA acquis, representatives of EEA countries are not present. Their participation is ensured 
as wide as possible in the preparatory stage of  draft measures. Switzerland is not member of 
the EEA, but it is excluded that via an associ ation with the Schengen acquis, the rights of 
Switzerland would go beyond the rights granted to  Norway and Iceland which have chosen 
for an even deeper cooperation with th e EU in form of the EEA Agreement.  
Consequently, in order to establish equal righ ts and obligations, Swit zerland’s position must 
be the same as that for Iceland and Norway. Si nce the data protection directive covers areas 
going beyond the Schengen acquis, information given to Switzerland must be limited to 
                                                
 
9 OJ L 281, 23.11.1995, p. 31 
 
EN 7   EN points which are specifically relevant for the a pplication of the Schengen acquis. In addition, 
Switzerland, like Iceland and No rway, can designate a represen tative to participate as 
observer in the “Working Party on the Protection of  Individuals with rega rd to the Processing 
of Personal Data” (Article 29) concerning those points which ar e specifically relevant for 
Schengen. 
Common declaration on joint mee tings of the Mixed Committees  
The Agreement with Iceland and Norway as we ll as the Agreement with  Switzerland establish 
a Mixed Committee in order to address all Council items rele vant for the implementation, 
application and development of the Schengen acqui s. All parties agree that the meetings of 
these two Mixed Committees shall be held jointly. 
In order to maintain the current structure that for the first period of six months of the year the 
representative of the European  Union and for the second period of six months, an associated 
country presides the Mixed Committee at the le vel of senior official s and ministers, all 
associated countries expressed their wish to  cede, as necessary, the exercise of their 
presidencies and rotate it among them  in alphabetical order of name. 
Dublin/Eurodac: Agreement: Article 4 (3) (corresponds on substance to Ar ticle 7 (2) b of the Schengen agreement): 
Switzerland is granted a two y ears period for acceptance and implementation of future acquis 
into its internal legal order in case a referendu m is requested. If possible, Switzerland has to 
apply the development of the acquis on a provi sional basis. If Switzerland cannot apply the 
content of the development on a provisional  basis, the EC may take proportional and 
necessary measures against Switzerland in order to ensure the efficien t functioning of the 
Dublin/Eurodac cooperation. 
Article 8:  
The calculation of the contribution of Switzerland to the costs of the central unit of Eurodac is 
based on the relevant Norwegian and Icelandic c ontributions, in relation to the GDP of these 
three countries.  
Article 11: According to Denmark’s special po sition with regard to acts adopt ed pursuant to Title IV of 
the Treaty establishing the European Commun ity, Denmark needs to be associated via a 
protocol to the present Agreement in order to  create rights and oblig ations between Denmark 
and Switzerland in relation to the provisions of Dublin/Eurodac. 
In addition, Norway and Iceland need to concl ude an agreement with Switzerland in order to 
create rights and obligations between all associated partners applying the Dublin/Eurodac 
acquis. 
 
EN 8   EN Article 12: 
According to this article, some parts of th e Agreement, e.g. the creation of the Joint 
Committee, are provisionally applied upon signa ture. This provisional application (and a 
similar provisional application is provided fo r in Schengen) will allow Switzerland to prepare 
itself for the technical implementation of the Agreement during the period of ratification. 
Article 14: This article creates the necessary link between the implementation and termination of the 
agreement on Dublin/Eurodac and the implem entation and termination of the Schengen 
agreement. 
Article 15: As for Schengen, this provision allows Liechtens tein to join the agreement between the EC 
and Switzerland on Dublin/Eurodac. 
Final Act: Declaration 2 stipulates that Switzerland’s position concerning its  participation in the data 
protection directive, laid down in the exchange of letters on Switzerland’s participation in 
Committees assisting the Commission in the exerci se of its executive po wers annexed to the 
Schengen Agreement, applies mutatis mutandis for items which specifically concern the application of the Dublin  regulation or Eurodac. 
Declaration 3 corresponds to the similar decl aration made by Switzerland in relation to the 
Schengen Agreement (declaration 5) by which it  commits itself to speed up as much as 
possible the different procedures in case a referendum is asked. 
Declaration 4 only serves inform ation purposes. It is neverthele ss worth mentioning that for 
Dublin/Eurodac the participation in Committees assisting the commission in its exercise of 
executive powers - in accordance with the Icelan d and Norway model for their participation in 
Dublin/Eurodac - follows the same structure as  that foreseen in article 100 of the EEA 
Agreement (see Article 2 (6) of the Draft Agreement). 
Common declaration on joint meetings of the Joint Committees
 
The Agreement with Iceland and Norway as we ll as the Agreement with  Switzerland establish 
each a Joint Committee in order to address a ll items relevant for the implementation, 
application and development of the Dublin/Eurod ac acquis. All parties agree that the meetings 
of these two Joint Committees shall be held jointly. 
In order to prevail the current st ructure that for the first period of six months of the year the 
representative of the European  Union and for the second period of six months, an associated 
country presides the Joint Committee, all associat ed countries expressed th eir wish to cede, as 
necessary, the exercise of their presidencies and rotate it among them in alphabetical order of 
name. 
 
EN 9   EN Declarations of the heads of  delegations (agreed minutes):  
For the sake of completeness, attention is drawn to the following declaration of the heads of 
delegations in the context of the Schengen Ag reement, which, however, do not form part of 
the Agreement:  
Declaration 1 lays down that th e General Secretaria t of the Council and the Swiss mission are 
in regular contacts in order to allow Switzerland to  proceed as fast as possible with its internal 
procedures to fulfil its constitutional require ments (e.g. if a Member State lifted an 
parliamentary reservation etc). 
Declaration 2 states that C ouncil Directive 91/477/EEC of 18 June 1991 on control of the 
acquisition and possession of weapons does not apply to the acquisition or possession of weapons and ammunition by - amongst others - the armed forces. Switzerland requested the 
Commission’s services to verify that its current  Swiss system on the loan issuance of military 
weapons in the framework of young marksmen pr eservice course, the issuance of military 
weapons during the military service and the issuan ce of the service weapon – transformed into 
a semi-automatic weapon - after the military service, is covered by the above mentioned 
exemption from the application of the directive. 
Declaration 3 reflects the intere st to develop, as far as possi ble, Switzerland’s cooperation 
with Eurojust and with the European Judicial Network. 
 
EN 10   EN Proposal for a  
COUNCIL DECISION 
on the signature, on behalf of the Euro pean Union, of the Agreement between the 
European Union, the European Community and the Swiss Confederation, concerning 
the latter’s association with  the implementation, applicat ion and development of the 
Schengen Acquis  
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on European Union, and in partic ular Article 24 and Article 38 
thereof, 
Whereas: (1) Following the authorization given to th e Presidency, assisted by the Commission, on 
17 June 2002, negotiations with the Swiss Aut horities, regarding the association of 
Switzerland with the impleme ntation, application and development of the Schengen 
Acquis have been concluded; 
(2) Subject to its conclusion at a later date, it is desirable to sign the agreement that was 
initialled on 25 June 2004; 
(3) As far as the development of the Schenge n acquis is concerned, which falls under Title 
VI of the Treaty on European Union, it is  appropriate to make Council Decision 
1999/437/EC
10 on certain arrangements for the application of the Agreement 
concluded by the Council of the European Union and the Republic of Iceland and the 
Kingdom of Norway concerning the associ ation of those two States with the 
implementation, application and development of the Schengen acquis applicable to the 
relations with Switzerland upon signature; 
(4) The United Kingdom is taking  part in this Decision, in accordance with Article 5 of 
the Protocol integrating the Schengen acqui s into the framework of the European 
Union annexed to the Treaty on European Un ion and to the Treaty establishing the 
European Community and Article 8(2) of Council Decision 2000/365/EC of 29 May 
2000 concerning the request of the United Ki ngdom of Great Brit ain and Northern 
Ireland to take part in some of the provisions of the Schengen acquis11; 
(5) Ireland is taking part in this Decision in accordance with  Article 5 of the Protocol 
integrating the Schengen acquis into the fram ework of the European Union annexed to 
the Treaty on European Union and to the Treaty establishing the European Community 
                                                 
10 OJ L 176 of 10.7.1999, p. 31. 
11 OJ L 131, 1.6.2000, p. 43 
 
EN 11   EN and Article 6(2) of Council Decision 2002/ 192/EC of 28 February 2002 concerning 
Ireland’s request to take part in some of the provisions of the Schengen acquis12; 
HAS DECIDED AS FOLLOWS:  
Article 1 
Subject to its conclusion  at a later date, the President of the Council is hereby authorized to 
designate the person empowered to sign on beha lf of the European Union the Agreement 
between the European Union, the European  Community and the Swiss Confederation 
concerning the latter’s association with the implementation, application and development of 
the Schengen Acquis, and the related documents consisting of the Final Act, of the Exchange 
of Letters concerning the Committees that will a ssist the Commission in the exercise of its 
executive power, and of the Common Declar ation on joint meetings of the Mixed 
Committees. 
Article 2 
This decision applies to the fi elds covered by the provisions list ed in Annexes A and B of the 
Agreement and to their development to the exte nt such provisions have, or, in accordance 
with Decision 1999/436/EC13, have been determined to have , a legal base within the Treaty 
on European Union. 
Article 3 
The provisions of Council Decision 1999/437/EC  shall apply, in the same way, to the 
association of Switzerland with  the implementation, application and development of the 
Schengen acquis, which falls under Title VI of the Treaty on European Union . 
Done at Brussels,  
 For the Council 
 The President   
                                                
 
12 OJ L 64, 7.3.2002, p.20 
13 OJ L 176 of 10.7.1999, p. 17. 
 
EN 12   EN Proposal for a 
COUNCIL DECISION 
on the signature, on behalf of the Europe an Community, of the Agreement between the 
European Union, the European Community and the Swiss Confederation concerning the 
latter’s association with the implementati on, application and development of the 
Schengen Acquis  
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in particular Articles 
62, 63 (3), 66 and 95 in conjunction with the second sentence of the first subparagraph of 
Article 300(2) thereof, 
Having regard to the proposal from the Commission14, 
Whereas: (1) Following the authorization given to the Commission on 17 J une 2002, negotiations 
with the Swiss Authorities, regarding the association of Switzerland with the 
implementation, application and developm ent of the Schengen Acquis have been 
concluded; 
(2) Subject to its conclusion at a later date, it is desirable to sign the agreement that was 
initialled on 25 June 2004; 
(3) As far as the development of the Sche ngen acquis is concerned, which falls under the 
Treaty establishing the European Commun ity, it is appropriate to make Council 
Decision 1999/437/EC
15 on certain arrangements for the application of the Agreement 
concluded by the Council of the European Union and the Republic of Iceland and the 
Kingdom of Norway concerning the associ ation of those two States with the 
implementation, application and development of the Schengen acquis applicable to the 
relations with Switzerland upon signature; 
(4) In accordance with the Protocol integrati ng the Schengen acquis into the framework of 
the European Union annexed to the Treaty  on European Union and to the Treaty 
establishing the European Community and with Council Decision  2000/365/EC of 29 
May 2000 concerning the request of the United Kingdom of Gr eat Britain and 
Northern Ireland to take pa rt in some of the provis ions of the Schengen acquis16, the 
United Kingdom is not participating in this  Decision and is not bound by it or subject 
                                                 
14 OJ C , , p. . 
15 OJ L 176 of 10.7.1999, p. 31. 
16 OJL 131, 1.6.2000, p. 43 
 
EN 13   EN to its application except as concerns the provisions of Articles 26, 27, 75 and 76 of the 
Schengen Convention and meas ures building upon them; 
(5) In accordance with the Protocol integrati ng the Schengen acquis into the framework of 
the European Union annexed to the Treaty  on European Union and to the Treaty 
establishing the European Community and with Council Decision  2002/192/EC of 28 
February 2002 concerning Ireland’s request to take part in some of the provisions of 
the Schengen acquis17, Ireland is not participating in  this Decision and is not bound by 
it or subject to its applica tion, except as concerns the pr ovisions of Articles 26, 27, 75 
and 76 of the Schengen Convention and measures building upon them; 
(6) In accordance with Articles 1 and 2 of  the Protocol on the position of Denmark 
annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision and is not 
bound by it or subject to  its application; 
HAS DECIDED AS FOLLOWS:  
Article 1 
Subject to its conclusion  at a later date, the President of the Council is hereby authorized to 
designate the person empowered to sign on behalf of the European Community the 
Agreement between the European Union, the European Community and the Swiss 
Confederation concerning the la tter’s association with the imp lementation, application and 
development of the Schengen Acquis, and the re lated documents consisting of the Final Act, 
of the Exchange of Letters concerning the Comm ittees that will assist the Commission in the 
exercise of its executive power, and of the Co mmon Declaration on joint meetings of the 
Mixed Committees. 
Article 2 
This decision applies to the fi elds covered by the provisions list ed in Annexes A and B of the 
Agreement and to their development to the extent  that such provisions have, or, in accordance 
with Decision 1999/436/EC
18, have been determined to have , a legal base within the Treaty 
establishing the European Community. 
                                                 
17 OJ L 64, 7.3.2002, p.20 
18 OJ L 176 of 10.7.1999, p. 17. 
 
EN 14   EN The provisions of Council Decision 1999/437/EC  shall apply, in the same way, to the 
association of Switzerland with  the implementation, application and development of the 
Schengen acquis, which falls under the Treat y establishing the European Community. 
Done at Brussels,  
 For the Council 
 The President   
 
EN 15   EN Proposal for a  
COUNCIL DECISION 
on the conclusion on behalf of the Eu ropean Union of the Agreement between the 
European Union, the European Community and the Swiss Confederation, concerning 
the latter’s association with  the implementation, applicat ion and development of the 
Schengen Acquis  
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on European Union, and in partic ular Article 24 and Article 38 
thereof, 
Having regard to the recommendation of the Presidency, Whereas: (1) Following the authorization given to th e Presidency, assisted by the Commission, on 
17 June 2002, negotiations with the Swiss Aut horities, regarding the association of 
Switzerland with the impleme ntation, application and development of the Schengen 
Acquis have been concluded; 
(2) According to a Council Decision …./…./CE of ……2004, and subject to its 
conclusion at a later date, the Agreement ha s been signed on behalf of the European 
Community on ….2004; 
(3) The Agreement should now be approved; (4) As far as the development of the Schenge n acquis is concerned, which falls under Title 
VI of the Treaty on European Union, it is  appropriate to make Council Decision 
1999/437/EC
19 on certain arrangements for the application of the Agreement 
concluded by the Council of the European Union and the Republic of Iceland and the 
Kingdom of Norway concerning the associ ation of those two States with the 
implementation, application and development of the Schengen acquisapplicable to the 
relations with Switzerland; 
(5) The United Kingdom is taking  part in this Decision, in accordance with Article 5 of 
the Protocol integrating the Schengen acqui s into the framework of the European 
Union annexed to the Treaty on European Union and to the Treaty establishing the 
European Community and Article 8(2) of Council Decision 2000/365/EC of 29 May 
2000 concerning the request of the United Ki ngdom of Great Brit ain and Northern 
Ireland to take part in some of the provisions of the Schengen acquis20; 
                                                 
19 OJ L 176 of 10.7.1999, p. 31. 
20 OJL 131, 1.6.2000, p. 43 
 
EN 16   EN (6) Ireland is taking part in this Decision in accordance with  Article 5 of the Protocol 
integrating the Schengen acquis into the fram ework of the European Union annexed to 
the Treaty on European Union and to the Treaty establishing the European Community 
and Article 6(2) of Council Decision 2002/ 192/EC of 28 February 2002 concerning 
Ireland’s request to take part in some of the provisions of the Schengen acquis21; 
HAS DECIDED AS FOLLOWS:  
Article 1 
The Agreement between the European Union, the European Community and the Swiss 
Confederation concerning the la tter’s association with the imp lementation, application and 
development of the Schengen Acquis, and the re lated documents consisting of the Final Act, 
of the Exchange of Letters concerning the Comm ittees that will assist the Commission in the 
exercise of its executive power, and of the Co mmon Declaration on joint meetings of the 
Mixed Committees are hereby approved on behalf of the European Union. 
The text of the Agreement, the Final Act, the Exchange of Letters, and the Common 
Declaration are attach ed to this Decision. 
Article 2 
This decision applies to the fi elds covered by the provisions list ed in Annexes A and B of the 
Agreement and to their development to the exte nt such provisions have, or, in accordance 
with Decision 1999/436/EC22, have been determined to have , a legal base within the Treaty 
on European Union. 
Article 3 
The provisions of Council Decision 1999/437/EC  shall apply, in the same way, to the 
association of Switzerland with  the implementation, application and development of the 
Schengen acquis, which falls under Title VI of the Treaty on European Union . 
Article 4 
The President of the Council is hereby author ised to designate the person empowered to 
deposit on behalf of the European  Union the Instrument of approva l provided for in Article 14 
of the Agreement, in order to express the consent of the European Union to be bound. 
                                                 
21 OJ L 64, 7.3.2002, p.20 
22 OJ L 176 of 10.7.1999, p. 17 
 
EN 17   EN Article 5 
This Decision shall be published in the Official Journal of the European Union . 
Done at Brussels,  
 For the Council 
 The President   
 
EN 18   EN 2004/0199(CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion, on behalf of the Europe an Community, of the Agreement between the 
European Union, the European Community and the Swiss Confederation concerning the 
latter’s association with the implementati on, application and development of the 
Schengen Acquis  
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in particular Articles 
62, 63 (3), 66 and 95 in conjunction with the second sentence of the first subparagraph of 
Article 300(2) and the first subpara graph of Article 300 (3) thereof, 
Having regard to the proposal from the Commission23, 
Having regard the opinion of  the European Parliament, 
Whereas: (1) Following the authorization given to the Commission on 17 J une 2002, negotiations 
with the Swiss Authorities, regarding the association of Switzerland with the 
implementation, application and developm ent of the Schengen Acquis have been 
concluded; 
(2) According to a Council Decision …./…./CE of ……2004, and subject to its 
conclusion at a later date, the Agreement ha s been signed on behalf of the European 
Community on ….2004; 
(3) The Agreement should now be approved; (4) As far as the development of the Sche ngen acquis is concerned, which falls under the 
Treaty establishing the European Commun ity, it is appropriate to make Council 
Decision 1999/437/EC
24 on certain arrangements for the application of the Agreement 
concluded by the Council of the European Union and the Republic of Iceland and the 
Kingdom of Norway concerning the associ ation of those two States with the 
implementation, application and development of the Schengen acquis applicable to the 
relations with Switzerland; 
(5) In accordance with the Protocol integrati ng the Schengen acquis into the framework of 
the European Union annexed to the Treaty  on European Union and to the Treaty 
                                                 
23 OJ C , , p. . 
24 OJ L 176 of 10.7.1999, p. 31. 
 
EN 19   EN establishing the European Community and with Council Decision  2000/365/EC of 29 
May 2000 concerning the request of the United Kingdom of Gr eat Britain and 
Northern Ireland to take pa rt in some of the provis ions of the Schengen acquis25, the 
United Kingdom is not participating in this  Decision and is not bound by it or subject 
to its application, except as concerns the pr ovisions of Ar ticles 26, 27, 75 and 76 of the 
Schengen Convention and meas ures building upon them; 
(6) In accordance with the Protocol integrati ng the Schengen acquis into the framework of 
the European Union annexed to the Treaty  on European Union and to the Treaty 
establishing the European Community and with Council Decision  2002/192/EC of 28 
February 2002 concerning Ireland’s request to take part in some of the provisions of 
the Schengen acquis26, Ireland is not participating in  this Decision and is not bound by 
it or subject to its applica tion, except as concerns the pr ovisions of Articles 26, 27, 75 
and 76 of the Schengen Convention and measures building upon them; 
(7) In accordance with Articles 1 and 2 of  the Protocol on the position of Denmark 
annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision and is not 
bound by it or subject to  its application; 
HAS DECIDED AS FOLLOWS:  
Article 1 
The Agreement between the European Union, the European Community and the Swiss 
Confederation concerning the la tter’s association with the imp lementation, application and 
development of the Schengen Acquis, and the re lated documents consisting of the Final Act, 
of the Exchange of Letters concerning the Comm ittees that will assist the Commission in the 
exercise of its executive power, and of the Co mmon Declaration on joint meetings of the 
Mixed Committees are hereby approved on behalf of the European Community. 
The text of the Agreement, the Final Act, the Exchange of Letters, and the Common 
Declaration are attach ed to this Decision. 
Article 2 
This decision applies to the fi elds covered by the provisions list ed in Annexes A and B of the 
Agreement and to their development to the extent  that such provisions have, or, in accordance 
with Decision 1999/436/EC
27, have been determined to have , a legal base within the Treaty 
establishing the European Community. 
                                                 
25 OJL 131, 1.6.2000, p. 43 
26 OJ L 064, 7.3.2002, p.20 
27 OJ L 176 of 10.7.1999, p. 17. 
 
EN 20   EN Article 3 
The provisions of Council Decision 1999/437/EC  shall apply, in the same way, to the 
association of Switzerland with  the implementation, application and development of the 
Schengen acquis, which falls under the Tr eaty establishing the European Community . 
Article 4 
The President of the Council is hereby author ised to designate the person empowered to 
deposit on behalf of the European Community th e Instrument of approval provided for in 
Article 14 of the Agreement, in order to expr ess the consent of the Community to be bound. 
Article 5 
This Decision shall be published in the Official Journal of the European Union . 
Done at Brussels,  
 For the Council 
 The President   
 
EN 21   EN Proposal for a 
COUNCIL DECISION 
on the signature, on behalf of the Europe an Community, of the Agreement between the 
European Community and Switzerland concer ning the criteria and mechanisms for 
establishing the State responsible for exam ining a request for asylum lodged in a 
Member State or in Switzerland 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
63 (1) (a), in conjunction with the first senten ce of the first subpara graph of Article 300(2) 
thereof, 
Having regard to the proposal from the Commission28, 
Whereas: (1) Following the authorization given to the Commission on 17 J une 2002, negotiations 
with the Swiss Authorities, regarding criteria and mechanisms for establishing the State responsible for examining a request fo r asylum lodged in a Member State or in 
Switzerland have been concluded; 
(2) Subject to its conclusion at a later date, is desirable to sign the agreement that was 
initialled on 25 June 2004;  
(3) In accordance with Article 3 of the Prot ocol on the position of the United Kingdom 
and Ireland annexed to the Treaty on Europ ean Union and the Trea ty establishing the 
European Community, the United Kingdom and Ireland are taking part  in the adoption 
and application of this Decision;  
(4) In accordance with Articles 1 and 2 of  the Protocol on the position of Denmark 
annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision and is not 
bound by it or subject to its application;  
HAS DECIDED AS FOLLOWS:  
Sole Article  
Subject to its conclusion  at a later date, the President of the Council is hereby authorized to 
designate the person empowered to sign on behalf of the European Community the 
                                                
 
28 OJ C , , p. . 
 
EN 22   EN Agreement between the European Community and Switzerland concer ning the criteria and 
mechanisms for establishing the State responsib le for examining a request for asylum lodged 
in a Member State or in Switzerland, and the related documents consisting of the Final Act, 
and of the Common Declaration on join t meetings of the Joint Committees. 
Done at Brussels,  
 For the Council 
 The President   
 
EN 23   EN 2004/0200(CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion on behalf of the Europe an Community of the Agreement between the 
European Community and Switzerland concer ning the criteria and mechanisms for 
establishing the State responsible for exam ining a request for asylum lodged in a 
Member State or in Switzerland 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
63 (1) (a), in conjunction with the first senten ce of the first subpara graph of Article 300(2) 
and the first subparagraph of  Article 300 (3) thereof, 
Having regard to the proposal from the Commission29, 
Having regard the opinion of  the European Parliament, 
Whereas: (1) Following the authorization given to the Commission on 17 J une 2002, negotiations 
with the Swiss Authorities, regarding the criteria and mechanisms  for establishing the 
State responsible for examining a request fo r asylum lodged in a Member State or in 
Switzerland have been concluded; 
(2) According to a Council Decision …./…./ CE of ……2004, and subj ect to its final 
conclusion at a later date, this Agreement has been signed on behalf of the European 
Community on ….2004; 
(3) The Agreement should now be approved; (4) It is also necessary to make arrangement s for the application of certain provisions of 
the Agreement; 
(5) The Agreement establishes a Joint Comm ittee with decision-making powers in certain 
areas and it is thus necessary to specify who represents the Community within this 
Committee; 
(6) It is further necessary to provide for a procedure laying down how a Community 
position is adopted; 
                                                
 
29 OJ C , , p. . 
 
EN 24   EN (7) In accordance with Article 3 of the Prot ocol on the position of the United Kingdom 
and Ireland annexed to the Treaty on Europ ean Union and the Trea ty establishing the 
European Community, the United Kingdom and Ireland are taking part  in the adoption 
and application of this Decision; 
(8) In accordance with Articles 1 and 2 of  the Protocol on the position of Denmark 
annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision and is not 
bound by it or subject to its application;  
HAS DECIDED AS FOLLOWS:  
Article 1 
The Agreement between the European Commun ity and Switzerland concerning the criteria 
and mechanisms for establishing the State resp onsible for examining a request for asylum 
lodged in a Member State or in  Switzerland, and the related docum ents consisting of the Final 
Act, and of the Common Declaration on joint meetings of the Joint Committees are hereby 
approved on behalf of the European Community. 
The texts of the Agreement, the Final Act, and the Common Declaration are attached to this 
Decision. 
Article 2 
The President of the Council is hereby author ised to designate the person empowered to 
deposit on behalf of the Eur opean Community the Instrument  of approval provided for in 
Article 12 of the Agreement, in order to expr ess the consent of the Community to be bound. 
Article 3 
The Commission shall represent the Community in the Joint Committee established by Article 
3 of the Agreement. 
Article 4 
1. The position of the Community within the Joint Committee with regard to the 
adoption of its Rules of Procedur e as required under Article 3( 2) of the Agreement shall be 
taken by the Commission after consultation of a special committee designated by the Council. 
2. For all other Joint Committee decisions, the position of the Community shall be 
adopted by the Council, acting by qualified majority, on a proposal by the Commission. 
 
EN 25   EN Article 5 
This Decision shall be published in the Official Journal of the European Union . 
Done at Brussels,  
 For the Council 
 The President   
 
EN 26   EN AGREEMENT  
between the European Union, the European Community and the Swiss 
Confederation on the latter’s association with the implementation, application and 
development of the Schengen acquis  
THE EUROPEAN UNION, 
THE EUROPEAN COMMUNITY, and THE SWISS CONFEDERATION,  
hereinafter referred to as “the Contracting Parties”, 
WHEREAS with the entry into force of the Treaty of Amsterdam, the European Union 
has set itself the objective of maintaining and developing the Union as an area of 
freedom, security and justice, in which the free movement of persons is assured in 
conjunction with appropriate measures with re spect to external bor der controls, asylum, 
immigration and the prevention and combating of crime. 
WHEREAS the Schengen acquis , which is integrated into the framework of the 
European Union, constitutes part of the provi sions designed to achieve this area of 
freedom, security and justice in so far as th ese provisions create an area without internal 
border controls and provide for compensatory m easures to ensure a high level of security. 
CONSIDERING the geographical pos ition of the Swi ss Confederation. 
WHEREAS the participation of the Sw iss Confederation in the Schengen acquis  and in 
its further development will, on the one hand, enable cert ain obstacles to the free 
movement of persons resulting from the geographical position of the Swiss 
Confederation to be eliminated and, on th e other hand, strengthen cooperation between 
the European Union and the Swiss Confederat ion in the fields covered by the Schengen 
acquis . 
WHEREAS the Agreement concluded on 18 Ma y 1999 by the Council of the European 
Union and the Republic of Icel and and the Kingdom of Norway
30 associated the latter 
with the implementation, applicati on and development of the Schengen acquis . 
WHEREAS it is desirable that th e Swiss Confederation be asso ciated on an equal footing 
with Iceland and Norway in the implement ation, application and development of the 
Schengen acquis . 
WHEREAS an agreement should be conclu ded between the European Union, the 
European Community and the Swiss Confeder ation containing righ ts and obligations 
similar to those agreed betw een the Council of the European  Union, of the one part, and 
Iceland and Norway, of the other part. 
                                                 
30 OJ L 176, 10.7.1999, p. 35. 
 
EN 27   EN CONVINCED of the need to organise cooper ation between the Eur opean Union and the 
Swiss Confederation as regards the implem entation, practical application and further 
development of the Schengen acquis . 
WHEREAS it is necessary, in order to associate the Swi ss Confederation with the 
activities of the European Union in the fields  covered by this Agreem ent and to enable it 
to participate in those activi ties, to set up a comm ittee in accordance with the institutional 
model established for the associ ation of Iceland and Norway. 
WHEREAS Schengen cooperation is based on the principles of freedom, democracy, the 
rule of law and respect for hum an rights, as guaranteed in particular by the European 
Convention for the Protection of Huma n Rights and Fundamental Freedoms of 
4 November 1950. 
WHEREAS the provisions of Title IV of the Treaty establishing the European 
Community and the acts adopted on the basis of that Title do  not apply to the Kingdom 
of Denmark pursuant to the Protocol on the position of Denmark annexed by the Treaty 
of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community, and whereas the deci sions designed to develop the Schengen 
acquis  in application of that Title which Denmark has transposed into its domestic law 
are only liable to create international-la w obligations between Denmark and the other 
Member States. 
WHEREAS the United Kingdom of  Great Britain and Northern Ireland and Ireland 
participate in certain pr ovisions of the Schengen acquis , in accordance with the decisions 
taken pursuant to the Protoc ol integrating the Schengen acquis  into the framework of the 
European Union and annexed by the Treaty of Amsterdam to the Treaty on European 
Union and to the Treaty estab lishing the European Community.
31 
WHEREAS it is necessary to ensure that the States with which the European Union has 
established an association for the purpose of implementing, applying and developing the 
Schengen acquis  also apply this acquis  in their relations with each other. 
WHEREAS the smooth opera tion of the Schengen acquis  requires that this Agreement be 
applied simultaneously with the agreements be tween the various parties associated with 
or participating in the implementa tion and development of the Schengen acquis  
governing their mutual relations. 
HAVING REGARD TO the Agreement on the a ssociation of the Sw iss Confederation 
with the implementation, application and development of the Community acquis  
concerning the establishment of criteria and mechanisms to determine the State 
responsible for examining a request for asylum  lodged in one of the Member States and 
concerning the setting-up of the “Eurodac system”. 
BEARING IN MIND the link between the Schengen acquis  and the Community acquis.  
WHEREAS this link requires that the Schengen acquis  be applied simultaneously with 
the Community acquis  concerning the establishment of criteria and mechanisms for 
                                                 
31 OJ L 131, 1.6.2000, p. 43 and OJ L 64, 7.3.2002, p. 20. 
 
EN 28   EN determining the State responsible for examining a request for asylum lodged in one of the 
Member States and concerning the setting-up of the “Eurodac” system, 
HAVE AGREED AS FOLLOWS: 
Article 1 
1. The Swiss Confederation, hereinafter refe rred to as "Switzerland”, shall be 
associated with the activities of the Europ ean Community and the European Union in the 
fields covered by the provisions referred to in Annexes A and B to this Agreement and 
their further development. 
2. This Agreement creates reciprocal right s and obligations in accordance with the 
procedures set out herein. 
Article 2  
1. The provisions of the Schengen acquis  as listed in Annex A to this Agreement as 
they apply to the Member States of the European Union, hereinafter referred to as 
“Member States”, shall be impl emented and applied by Switzerland. 
2. The provisions of the acts of the European Union and of the European 
Community listed in Annex B to this Agreement, to the extent that they have replaced and/or developed corresponding provisions of , or provisions adopted pursuant to, the 
Convention signed in Schengen on 19 June  1990 implementing the Agreement on the 
gradual abolition of checks at common borders , hereinafter referred to as the Convention 
Implementing the Schengen Agreement, shall be implemented and applied by Switzerland. 
3. The acts and measures taken by the European Union and the European 
Community amending or building upon the provisions referred to  in Annexes A and B, to 
which the procedures set out in this Agreem ent have been applied, shall also, without 
prejudice to Article 7, be accepted, imp lemented and applied by Switzerland. 
Article 3  
1. A Mixed Committee is hereby established, consisting of representatives of the 
Swiss Government, members of the Council of  the European Union, hereinafter referred 
to as the "Council", and members of the Commission of the European Communities, hereinafter referred to as the "Commission". 
2. The Mixed Committee shall adopt its ow n Rules of Procedure by consensus. 
3. The Mixed Committee shall meet at the initiative of its President or at the request 
of any of its members. 
4. Subject to Article 4(2), the Mixed Committ ee shall meet at the level of Ministers, 
senior officials or experts, as circumstances require. 
 
EN 29   EN 5. The office of President of the Mixed Committee shall be held: 
- at the level of experts: by the re presentative of the European Union; 
- at the level of senior offici als and Ministers: alternately, for a period of six months, by 
the representative of the European Uni on and by the representative of the Swiss 
Government. 
Article 4  
1. The Mixed Committee shall address, in accordance with this Agreement, all 
matters covered by Article 2 and shall ensure  that any concern entertained by Switzerland 
is duly considered. 
2. In the Mixed Committee at ministerial level, the representatives of Switzerland 
shall have the opportunity: 
– to explain the problems they encounter in respect of a particular act or measure 
or to respond to the problems encountered by other delegations; 
– to express themselves on any questi ons concerning the development of 
provisions of concern to them or the implementation thereof. 
3. Meetings of the Mixed Committee at mini sterial level shall be prepared by the 
Mixed Committee at the level of senior officials. 
4. The representative of the Swiss Gove rnment shall have the right to make 
suggestions in the Mixed Committee relating to  the matters mentioned in Article 1. After 
discussion, the Commission or a ny Member State may consider  such suggestions with a 
view to making a proposal or taking an initi ative, in accordance with the rules of the 
European Union, for the adoption of an act or measure of the European Community or 
the European Union.  
Article 5  
Without prejudice to Article 4, the Mixe d Committee shall be informed about the 
preparation within the Council of any acts or measures which may be relevant to this 
Agreement. 
Article 6  
When drafting new legislation in a field which is covered by this Agreement, the 
Commission shall informally seek advice from Swiss experts in the same way as it seeks advice from experts of the Member States for drawing up its proposals. 
 
EN 30   EN Article 7  
1. The adoption of new acts or measures related to the matters referred to in 
Article 2 shall be reserved to  the competent institutions of  the European Union. Subject 
to paragraph 2, such acts or measures shall enter into force simultaneously for the European Union, the European Community a nd its Member States concerned and for 
Switzerland, unless those acts or measures explic itly state otherwise. In this context, due 
account shall be taken of the period of ti me indicated by Switzerland in the Mixed 
Committee as being necessary to enable it to fulfil its constitutional requirements. 
2. (a) The Council shall notify Switzerland i mmediately of the adoption of the acts 
or measures referred to in paragraph 1 to wh ich the procedures set out in this Agreement 
have been applied. Switzerland shall decide whether to accept their contents and to implement them in its internal legal order. This decision shall be notified to the Council and to the Commission within thirty days of the adoption of the acts or measures 
concerned. 
(b) If the contents of such an act or measure can become binding on Switzerland only 
after the fulfilment of constitutional requireme nts, Switzerland shall inform the Council 
and the Commission of this at the time of its notification. Switzerland shall promptly 
inform the Council and the Commission in wr iting upon fulfilment of  all constitutional 
requirements. Where a referendum is not require d, notification shall take place as soon as 
the referendum deadline expires. If a refe rendum is required, Switzerland shall have a 
maximum of two years from the date of the Council's notification w ithin which to make 
its notification. From the date laid down for th e entry into force of the act or measure for 
Switzerland and until it has given notification that the constitutional requirements have been met, Switzerland shall, where possible, implement the act or measure in question on 
a provisional basis. 
If Switzerland cannot implement the act or meas ure at issue on a provisional basis, and if 
this causes difficulties that disrupt the ope ration of Schengen cooperation, the situation 
shall be examined by the Mixed Committee. The European Union and the European Community may take proportionate, appropriate measures against Switzerland to ensure 
that Schengen cooperation operates smoothly. 
3. Acceptance by Switzerland of the acts and measures referred to in paragraph 2 
creates rights and obligations between Sw itzerland, on the one hand, and the European 
Union, the European Community and the Member States, in so far as they are bound by these acts and measures, on the other hand. 
4. Where: (a) Switzerland notifies its deci sion not to accept the conten ts of an act or measure 
referred to in paragraph 2 and to which the procedures set out in this Agreement have 
been applied; or 
(b) Switzerland does not carry out notification w ithin the thirty-day time limit referred to 
in paragraph 2(a) or  paragraph 5(a); or 
 
EN 31   EN (c) Switzerland does not carry out notification after the referendum deadline has expired 
or, in the case of a referendum, within the two- year time limit set out  in paragraph 2(b), 
or does not provide for provisional impl ementation as envisaged in the same 
subparagraph from the date laid down for th e entry into force of the act or measure 
concerned; 
this Agreement shall be considered terminated unless the Mixed Committee, after 
carrying out a careful examination of ways  of continuing the Agreement, decides 
otherwise within ninety days. Termination of this Agreement shall take effect three months after the expiry of the ninety-day period. 
5. (a) If provisions of a new act or meas ure have the effect of no longer allowing 
Member States to subject compliance with re quests for mutual assistance in criminal 
matters or the recognition of orders from othe r Member States to s earch premises and/or 
seize items of evidence to the conditions  set out in Article 51 of the Convention 
Implementing the Schengen Agreement, Switzerland may notify the Council and the Commission within the period of thirty days re ferred to in paragraph 2, point (a) that it 
will not accept or implement those provisions in  its internal legal order where they apply 
to search and seizure requests or orders made for the purposes of investigating or 
prosecuting offences in the field of direct  taxation which, if committed in Switzerland, 
would not be punishable under Swiss law with a custodial penalty. In that case this 
Agreement shall not be considered terminate d, contrary to the provi sions of paragraph 4. 
(b) The Mixed Committee shall convene with in two months following a request by one 
of its members and, taking into account inte rnational developments, shall discuss the 
situation resulting from notifica tion pursuant to point (a).  
Once the Mixed Committee has unanimously reached an agreement on the full 
acceptance and implementation by Switzerland of the relevant provisions of the new act 
or measure, paragraphs 2, point  (b), 3 and 4 shall apply. The information referred to in 
the first sentence of paragraph 2, point (b) sh all be provided within thirty days of the 
agreement reached in the Mixed Committee. 
Article 8  
1. In order to achieve the Contracting Parties’ objectiv e of ensuring the most 
uniform possible application and interpretation of the provisions referred to in Article 2, 
the Mixed Committee shall keep under constant  review developments in the case-law of 
the Court of Justice of the European Communities, hereinafter referred to as the “Court of Justice”, and in the case-l aw relating to such provisions of the competent Swiss courts. 
To that end a mechanism shall be set up to ensure regular mutual transmission of such 
case-law. 
2. Switzerland shall have th e right to submit statemen ts of case or written 
observations to the Court of Justice in cases where a court in a Member State has applied 
to the Court of Justice for a preliminary ruling concerning the interpretation of the provisions referred to in Article 2. 
 
EN 32   EN Article 9 
1. Each year Switzerland shall report to the Mixed Committee on the way in which 
its administrative authorities and courts have applied and interpreted the provisions 
referred to in Article 2, as interpreted, where relevant, by the Court of Justice. 
2. If, within two months of being notified of a substantial diverg ence between Court 
of Justice case-law and that of Switzerland' s courts or of a s ubstantial divergence 
between the authorities of the Member States concerned and the Swiss authorities in their 
application of the provisions referred to in  Article 2, the Mixed Committee is unable to 
ensure a uniform application and interpreta tion, the procedure provided for in Article 10 
shall be initiated. 
Article 10  
1. In the event of a dispute about the app lication of this Agreement or where the 
situation provided for in Article 9(2) occurs, the matter shall be officially entered as a matter of dispute on the agenda of the Mixe d Committee, meeting at ministerial level. 
2. The Mixed Committee shall have ninety da ys to settle the dispute, counting from 
the date of adoption of the agenda on  which the dispute has been placed. 
3. Where the dispute cannot be settle d by the Mixed Committee within the 
ninety-day deadline provided fo r in paragraph 2, this deadlin e shall be extended by thirty 
days with a view to re aching a final settlement. 
If no final settlement is reached, this Agreem ent shall be terminated six months after the 
expiry of the thirty-day period. 
Article 11  
1. As regards the administrative costs associ ated with implementing this Agreement, 
Switzerland shall make an annual contributio n to the general budget of the European 
Communities of 7.286% of an am ount of EUR 8 100 000, subject to annual adjustment to 
reflect inflation in the European Union. 
2. As regards the costs of developing th e second generation Schengen Information 
System (SIS II), Switzerland shall contribut e to the general budget of the European 
Communities an annual sum for the relevant  financial years starting from the 2002 
financial year, calculated in accordance with  its gross domestic pr oduct as a percentage 
of the gross domestic product of  all the participating States. 
The contribution for the financial years preceding the entry into force of this Agreement 
shall be payable when the Agreement enters into force. 
3. In cases where the operating costs associ ated with implementing this Agreement 
are not charged to the general budget of the European Communities but are directly 
payable by the participating Member States, Switzerland shall contribut e to these costs in 
 
EN 33   EN accordance with its gross domestic product, ca lculated as a percentage of the gross 
domestic product of all th e participating States. 
Where the operating costs are charged to th e general budget of the European Community, 
Switzerland shall share in thes e costs by contributing to th e said budget an annual sum, 
calculated in accordance with its gross domes tic product as a percentage of the gross 
domestic product of all th e participating States. 
4. Switzerland shall have the right to receive documents drawn up by the 
Commission or the Council pertaining to this  Agreement and, at meetings of the Mixed 
Committee, to request interpre ting into an official language  of the institutions of the 
European Communities of its choosing.  
Article 12  
1. This Agreement shall not affect in any respect the agreements concluded between 
the European Community and Switzerland, or  between the European Community and its 
Member States, of the one part, a nd Switzerland, of the other part. 
2. This Agreement shall not affect the agreements binding Switzerland, of the one 
part, and one or more Member States, of the ot her part, in so far as they are compatible 
with this Agreement. If these agreements are incompatible with this Agreement, the latter 
shall prevail. 
3. This Agreement shall not affect in any respect any future agreements concluded 
with Switzerland by the European Communit y, or between the European Community and 
its Member States, of the one part, and Sw itzerland, of the other part, or agreements 
concluded on the basis of Articles 24 and 38 of the Treaty on European Union. 
Article 13  
1. Switzerland shall concl ude an agreement with th e Kingdom of Denmark on the 
creation of rights and obliga tions between Denmark and Sw itzerland as regards the 
provisions of Article 2 which come under T itle IV of the Treaty establishing the 
European Community; the Protocol on the pos ition of Denmark annexed by the Treaty of 
Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community shall therefore a pply to these provisions.  
2. Switzerland shall conclude an agreemen t with the Republic of Iceland and the 
Kingdom of Norway on the creation of recipr ocal rights and obligat ions by virtue of 
those states’ participation in the implement ation, application and development of the 
Schengen acquis . 
Article 14  
1. This Agreement shall enter into forc e one month after the day on which the 
Secretary General of the Council,  in his capacity as its depositary, has es tablished that all 
the formal requirements have been met as regards the expression of consent by, or on behalf of, the Parties to be bound by this Agreement. 
 
EN 34   EN 2. Articles 1, 3, 4, 5, 6 and 7(2)(a), first se ntence, shall apply provisionally as of the 
time of signature of this Agreement. 
3. With respect to acts or measures adopt ed after this Agreement has been signed 
but before it enters into force, the thirty-day period referred to in Article 7(2)(a), last sentence shall start to run from the day of entry into force of this Agreement. 
Article 15  
1. The provisions referred to in Anne xes A and B and those already adopted 
pursuant to Article 2(3) shall be put into e ffect by Switzerland on a date to be fixed by 
the Council, acting by unanimity of its Memb ers representing the governments of those 
Member States which apply all the provisions of Annexes A and B, after consulting the 
Mixed Committee and after having satisfied itself th at the preconditions for 
implementation of the relevant provisions have been fulfilled by Switzerland and that controls at its external borders are effective. 
The Members of the Council re presenting the governments of  Ireland and of the United 
Kingdom of Great Britain and Nort hern Ireland shall be involv ed in taking this decision 
in so far as it relates to the provisions of the Schengen acquis  and the acts based on it or 
related to it in which these Member States participate. 
The Members of the Council representing the governments of the Member States to 
which, in accordance with the Treaty of Accession, only some of the provisions of Annexes A and B apply shall be involved in taking this decision in so far as it relates to the provisions of the Schengen acquis  that are already ap plicable to them. 
2. Implementation of the provisions referred to in paragraph 1 shall create rights and 
obligations between Switzerla nd, of the one part, and, depending on the case, the 
European Union, the European Community and th e Member States, in so far as they are 
bound by these provisions, of the other part.  
3. This Agreement shall be applied only if the agreements referred to in Article 13 
are also implemented. 
4. Moreover, this Agreement shall be applied only if the agreement between the 
European Community and Switzerland on the cr iteria and mechanisms for establishing 
the State responsible for examining a request for asylum lodged in any of the Member States or in Switzerland is also implemented.  
Article 16  
1. Liechtenstein may accede to this Agreement. 
2. The accession of Liechtenstein shall be the subject of a protocol to this 
Agreement setting out all th e consequences of accession, in cluding the creation of rights 
and obligations between Liechtenstein and Switzerland, and between  Liechtenstein, of 
the one part, and the European Union, the European Community and its Member States, in so far as they are bound by the provisions of the Schengen acquis , of the other part. 
 
EN 35   EN Article 17 
This Agreement may be terminated by Switzer land or by decision of the Council acting 
by unanimity of its Members. The depositary sh all be notified of te rmination, which shall 
take effect six mont hs after notification. 
Article 18  
This Agreement shall be considered to have been terminated if Switzerland terminates 
one of the agreements referred to in Ar ticle 13 or the agreement referred to in 
Article 15(4). 
Done at… on… in the Czech, Danish, Dutc h, English, Estonian, Finnish, French, 
German, Greek, Hungarian, Italian, Latvia n, Lithuanian, Polish, Portuguese, Slovak, 
Slovenian, Spanish and Swedish languages, each text being equally authentic. 
 
EN 36   EN ANNEX A 
(Article 2(1))  
Part 1 of this Annex refers to the 1985 Schengen Agreement and the Convention 
implementing this Agreement, signed in Schengen in 1990. Part 2 refers to the instruments of accession and Part 3 to th e relevant Schengen secondary legislation. 
PART 1 
The provisions of the Agreement signed in Schengen on 14 June 1985 between the 
Governments of the States of the Benel ux Economic Union, the Federal Republic of 
Germany and the French Republic on the grad ual abolition of checks at their common 
borders. 
All provisions of the Convention signed in Schengen on 19 June 1990 between the 
Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxemburg and the Kingdom of the Netherlands, implementing the Schengen 
Agreement of 14 June 1985, with the exception of: 
Article 2(4) on controls on goods Article 4, as far as contro ls on baggage are concerned 
Article 10(2) 
Article 19(2) 
Articles 28 to 38 and related definitions Article 60 Article 70 Article 74 Articles 77 to 91 in so fa r as they are covered by Council Directive 91/477/EEC on 
control of the acquis ition and possession of firearms 
Articles 120 to 125 on the movement of goods Articles 131 to 133 Article 134 Articles 139 to 142 Final Act: declaration 2 Final Act: declarations 4, 5 and 6 Minutes 
 
EN 37   EN Joint Declaration 
Declaration by Ministers and State Secretaries. 
PART 2 
The provisions of the Accession Agreements and Protocols to the Schengen Agreement 
and the Schengen Convention with the Italia n Republic (signed in Paris on 27 November 
1990), the Kingdom of Spain a nd the Portuguese Republic (s igned in Bonn on 25 June 
1991), the Hellenic Republic (signed in Madrid on 6 November 1992), the Republic of Austria (signed in Brusse ls on 28 April 1995) and th e Kingdom of Denmark, the 
Republic of Finland and the Kingdom of Sweden (signed in Luxembourg on 19 December 1996), with the exception of: 
1. The Protocol, signed in Paris on 27 N ovember 1990, on accession of the Government 
of the Italian Republic to the Agreement between the Governments of the Member States of the Benelux Economic Union, the Federa l Republic of Germany and the French 
Republic on the gradual abolition of check s at common borders signed at Schengen on 
14 June 1985. 
2. The following provisions of the Agreemen t, signed in Paris on 27 November 1990, on 
accession of the Italian Republic to the C onvention, signed at Schengen on 19 June 1990, 
implementing the Schengen Agreement of 14 June 1985 between the Governments of the 
Member States of the Benelux Economic Un ion, the Federal Republic of Germany and 
the French Republic on the gradual aboliti on of checks at common borders, its Final Act 
and related declarations: 
Article 1 Articles 5 and 6 Final Act: Part I Final Act: Part II, declarations 2 and 3 
Declaration by Ministers and State Secretaries. 3. The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the 
Kingdom of Spain to the Agreement between th e Governments of the Member States of 
the Benelux Economic Union, the Federal Repub lic of Germany and the French Republic 
on the gradual abolition of checks at comm on borders signed at Schengen on 14 June 
1985, as amended by the Prot ocol on Accession by the G overnment of the Italian 
Republic, signed in Paris on 27 November 1990, and its accompanying declarations. 
4. The following provisions of the Agr eement signed in Bonn on 25 June 1991 on 
accession of the Kingdom of Spain to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the Member States of the Benelux Econom ic Union, the Federal Republic of Germany 
and the French Republic on the gradual abolit ion of checks at comm on borders, to which 
the Italian Republic acceded under the Agr eement signed in Paris on 27 November 1990, 
its Final Act and related declarations: 
 
EN 38   EN Article 1 
Articles 5 and 6 Final Act: Part I Final Act: Part II, declarations 2 and 3 
Final Act: Part III, declarations 3 and 4 Declaration by Ministers and State Secretaries. 5. The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the 
Portuguese Republic to the Agreement between  the Governments of the Member States 
of the Benelux Economic Union, the Federa l Republic of Germany and the French 
Republic on the gradual abolition of check s at common borders signed at Schengen on 
14 June 1985, as amended by the Protocol on A ccession by the Government of the Italian 
Republic, signed in Paris on 27 November 1990, and its accompanying declarations. 
6. The following provisions of the Agr eement, signed in Bonn on 25 June 1991, on 
accession of the Portuguese Republic to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the Member States of the Benelux Econom ic Union, the Federal Republic of Germany 
and the French Republic on the gradual abolit ion of checks at comm on borders, to which 
the Italian Republic acceded under the Agr eement signed in Paris on 27 November 1990, 
its Final Act and related declarations: 
Article 1 Article 7 and 8 Final Act: Part I Final Act: Part II, declarations 2 and 3 
Final Act: Part III, d eclarations 2, 3, 4 and 5 
Declaration by Ministers and State Secretaries. 7. The Protocol signed in Madrid on 6 November 1992 on accession of the Government 
of the Hellenic Republic to the Agreement between the Governments of the Member States of the Benelux Economic Union, the Fe deral Republic of Germany and the French 
Republic on the gradual abolition of cont rols at their common borders signed at 
Schengen on 14 June 1985, as amended by the Protocol s on accession by the 
Government of the Italian Republic, signe d in Paris on 27 November 1990, and by the 
Governments of the Kingdom of Spain and the Portuguese Republic, signed in Bonn on 
25 June 1991, and its accomp anying declarations. 
8. The following provisions of the Agreement signed in Madrid on 6 November 1992 on 
accession of the Hellenic Republic to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments 
 
EN 39   EN of the Member States of the Benelux Econom ic Union, the Federal Republic of Germany 
and the French Republic on the gradual abolit ion of checks at comm on borders, to which 
acceded the Italian Republic under the Agreement signed in Paris on 27 November 1990, and the Kingdom of Spain and the Portuguese Republic under the Agreements signed in 
Bonn on 25 June 1991, its Final Ac t and related declarations: 
Article 1 Articles 6 and 7 Final Act: Part I Final Act: Part II, de clarations 2, 3 and 4 
Final Act: Part III, declarations 1 and 3 Declaration by Ministers and State Secretaries. 9. The Protocol, signed in Brussels on 28 April 1995, on accession of the Government of 
the Republic of Austria to the Agreement between the Governments of the Member States of the Benelux Economic Union, the Fe deral Republic of Germany and the French 
Republic on the gradual abolition of check s at common borders signed at Schengen on 
14 June 1985, as amended by the Protocols on accession by the Government of the 
Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic 
Republic, signed on 27 November 1990, 25 June 1991 and 6 November 1992 
respectively. 
10. The following provisions of the Agreemen t signed in Brussels on 28 April 1995 on 
accession of the Republic of Austria to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985 between the Governments of the Member States of the Benelux Econom ic Union, the Federal Republic of Germany 
and the French Republic on the gradual abolit ion of checks at comm on borders, to which 
acceded the Italian Republic, the Kingdom of  Spain and the Portuguese Republic, and the 
Hellenic Republic, under the Agreements signed on 27 November 1990, 25 June 1991 
and 6 November 1992 respectively, and its Final Act: 
Article 1 Articles 5 and 6 Final Act: Part I Final Act: Part II, declaration 2 Final Act: Part III 11. The Protocol signed in Luxembourg on 19 December 1996 on accession of the 
Government of the Kingdom of Denmark to the Agreement on the gradual abolition of 
checks at common borders signed at Sc hengen on 14 June 1985 and its related 
declaration. 
 
EN 40   EN 12. The following provisions of the Agreem ent signed in Luxembourg on 19 December 
1996 on accession of the Kingdom of Denmark to the Convention implementing the 
Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, signed at Schengen on 19 June 1990, a nd its Final Act and re lated declarations: 
Article 1 Article 7 and 8 Final Act: Part I Final Act: Part II, declaration 2 Final Act: Part III Declaration by Ministers and State Secretaries. 13. The Protocol signed in Luxembourg on 19 December 1996 on accession of the 
Government of the Republic of Finland to  the Agreement on the gradual abolition of 
checks at common borders signed at Sc hengen on 14 June 1985 and its related 
declaration. 
14. The following provisions of the Agreem ent signed in Luxembourg on 19 December 
1996 on accession of the Republic of Finlan d to the Convention implementing the 
Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common 
borders, signed at Schengen on 19 June 1990, a nd its Final Act and re lated declaration: 
Article 1 Articles 6 and 7 Final Act: Part I Final Act: Part II, declaration 2 Final Act: Part III, except th e declaration on the Åland Islands 
Declaration by Ministers and State Secretaries. 15. The Protocol signed in Luxembourg on 19 December 1996 on accession of the 
Government of the Kingdom of Sweden to the Agreement on the gradual abolition of 
checks at common borders signed at Sc hengen on 14 June 1985 and its related 
declaration. 
16. The following provisions of the Agreem ent signed in Luxembourg on 19 December 
1996 on accession of the Kingdo m of Sweden to the Convention implementing the 
Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, signed at Schengen on 19 June 1990, a nd its Final Act and re lated declaration: 
Article 1 Articles 6 and 7 
 
EN 41   EN Final Act: Part I 
Final Act: Part II, declaration 2 Final Act: Part III Declaration by Ministers and State Secretaries. 
PART 3 
A. The following Decisions of the Executive Committee: 
 
EN 42   EN SCH/C OM-EX (93)  14 
14.12.1993 IMPROVING PRACTICAL COOPERATION BETWEEN 
THE JUDICIAL AUTHORITIE S TO COMBAT DRUG 
TRAFFICKING  
SCH/C OM-EX (93)  21 
14.12.1993 EXTENDING THE UNIFORM VISA  
SCH/C OM-EX (93)  24 
14.12.1993 COMMON PROCEDURES FOR CANCELLING , 
RESCINDING OR SHORTENING THE LENGTH OF VALIDITY OF THE UNIFORM VISA
 
SCH/C OM-EX (94)  1 
REV 2 
26.4.1994 ADJUSTMENT MEASURES AIMING TO REMOVE 
OBSTACLES AND RESTRICT IONS ON TRAFFIC FLOWS 
AT ROAD BORDER CROSSING POINTS AT INTERNAL BORDERS
 
SCH/C OM-EX (94)  15 
REV 
21.11.1994 INTRODUCING A COMPUTERISED PROCEDURE FOR 
CONSULTING THE CENTRAL AUTHORITIES REFERRED TO IN 
ARTICLE  17(2)  OF THE 
IMPLEMENTING CONVENTION  
SCH/C OM-EX (94)  16 
REV 
21.11.1994 ACQUISITION OF COMMON ENTRY AND EXIT 
STAMPS  
SCH/C OM-EX (94)  17 
REV 4 
22.12.1994 INTRODUCING AND APPLYING THE SCHENGEN 
SYSTEM IN AIRPORTS AND AERODROMES  
SCH/C OM-EX (94)  25 
22.12.1994 EXCHANGES OF STATISTICAL INFORMATION ON 
THE ISSUE OF UNIFORM VISAS  
SCH/C OM-EX (94)  28 
REV 
22.12.1994 CERTIFICATE PROVIDED FOR IN ARTICLE  75 FOR 
THE TRANSPORTATION OF DRUGS AND /OR 
PSYCHOTROPIC SUBSTANCES  
SCH/C OM-EX (94)  29 
REV 2 
22.12.1994 ENTRY INTO FORCE OF THE CONVENTION 
IMPLEMENTING THE SCHENGEN AGREEMENT OF 
19 J UNE 1990 
SCH/C OM-EX (95)  PV 
1 REV 
(POINT 8) COMMON VISA POLICY  
 
EN 43   EN SCH/C OM-EX (95)  20 
REV 2 
20.12.1995 APPROVAL OF DOCUMENT SCH/I  (95)  40 REV . 6 
CONCERNING THE PROCEDURE FOR IMPLEMENTING 
ARTICLE  2(2)  OF THE CONVENTION  
SCH/C OM-EX (95)  21 
20.12.1995 SWIFT EXCHANGE BETWEEN THE SCHENGEN 
STATES OF STATISTICAL AND TANGIBLE DATA ON 
POSSIBLE MALFUNCTIONS AT THE EXTERNAL BORDERS
 
SCH/C OM-EX (96)  13 
REV 
27.6.1996 PRINCIPLES FOR ISSUING SCHENGEN VISAS IN 
ACCORDANCE WITH ARTICLE  30(1)( A) OF THE 
CONVENTION IMPLEMENTING THE SCHENGEN 
AGREEMENT  
SCH/C OM-EX (97)  39 REV 
15.12.1997 GUIDING PRINCIPLES FOR MEANS OF PROOF AND 
INDICATIVE EVIDENCE WITHIN THE FRAMEWORK OF READMISSION AGREEMENTS BETWEEN 
SCHENGEN 
STATES  
SCH/C OM-EX (98)  1 REV 2 
21.4.1998 REPORT ON THE ACTIVITIES OF THE TASK FORCE  
SCH/C OM-EX (98)  12 
21.4.1998 EXCHANGE AT LOCAL LEVEL OF STATISTICS ON VISAS  
SCH/C OM-EX (98)  18 REV 
23.6.1998 MEASURES TO BE TAKEN IN RESPECT OF COUNTRIES 
POSING PROBLEMS WITH REGARD TO THE ISSUE OF DOCUMENTS REQUIRED TO REMOVE THEIR NATIONALS FROM 
SCHENGEN TERRITORY  
READMISSION  – VISA 
SCH/C OM-EX (98)  19 
23.6.1998 MONACO  
VISA  – EXTERNAL  BORDERS  – SIS 
SCH/C OM-EX (98)  21 
23.6.1998 STAMPING OF PASSPORTS OF VISA APPLICANTS  
VISAS 
SCH/C OM-EX (98)  26 DEF 
16.9.1998 SETTING -UP OF THE SCHENGEN IMPLEMENTING 
CONVENTION STANDING COMMITTEE  
SCH/C OM-EX (98)  29 REV 
23.6.1998 CATCH -ALL CLAUSE TO COVER THE WHOLE TECHNICAL 
SCHENGEN ACQUIS  
 
EN 44   EN SCH/C OM-EX (98)  35 REV 
2 
16.9.1998 FORWARDING THE COMMON MANUAL TO EU 
APPLICANT STATES  
SCH/C OM-EX (98)  37 DEF 
2 
16.9.1998 ACTION PLAN TO COMBAT ILLEGAL IMMIGRATION  
SCH/C OM-EX (98)  51 REV 
3 
16.12.1998 CROSS -BORDER POLICE COOPERATION IN THE AREA OF 
CRIME PREVENTION AND DETECTION  
SCH/C OM-EX (98)  52 
16.12.1998 HANDBOOK ON CROSS -BORDER POLICE COOPERATION  
SCH/C OM-EX (98)  56 
16.12.1998 MANUAL OF DOCUMENTS ON WHICH A VISA MAY BE 
AFFIXED  
SCH/C OM-EX (98)  57 
16.12.1998 INTRODUCTION OF A HARMONISED FORM FOR 
INVITATIONS , PROOF OF ACCOMMODATION , AND THE 
ACCEPTANCE OF OBLIGATIONS OF MAINTENANCE SUPPORT
 
SCH/C OM-EX (98)  59 REV 
16.12.1998 COORDINATED DEPLOYMENT OF DOCUMENT ADVISERS  
SCH/C OM-EX (99)  1 REV 2 
28.4.1999 DRUGS SITUATION  
SCH/C OM-EX (99)  5 
28.4.1999 SIRENE  MANUAL  
SCH/C OM-EX (99)  6 
28.4.1999 TELECOMS SITUATION  
SCH/C OM-EX (99)  7 REV 2 
28.4.1999 LIAISON OFFICERS  
SCH/C OM-EX (99)  8 REV 2 
28.4.1999 PAYMENTS TO INFORMERS AND INFILTRATORS  
 
EN 45   EN SCH/C OM-EX (99)  10 
28.4.1999 ILLEGAL TRADE IN WEAPONS  
SCH/C OM-EX (99)  13 
28.4.1999 WITHDRAWAL OF OLD VERSIONS AND ADOPTION OF 
NEW VERSIONS OF THE COMMON MANUAL AND THE 
COMMON CONSULAR INSTRUCTIONS  
SCH/C OM-EX (99)  14 
28.4.1999 MANUAL OF DOCUMENTS ON WHICH A VISA MAY BE 
AFFIXED  
SCH/C OM-EX (99)  18 
28.4.1999 IMPROVEMENT OF POLICE COOPERATION WITH REGARD 
TO THE PREVENTION AND DETECTION OF CRIME  
B. The following Declarations of the Executive Committee: 
DECLARATION  S UBJECT  
SCH/C OM-EX (96)  DECL 5 5 
18.4.1996 DETERMINATION OF THE CONCEPT OF THIRD -
COUNTRY “ALIEN ” 
SCH/C OM-EX (96)  DECL 5 6 
REV. 2 
26.6.1996 DECLARATION ON EXTRADITION  
SCH/C OM-EX (97)  DECL 5 
13 REV. 2 
21.4.1996 ABDUCTION OF MINORS  
C. The following Decisions of the Central Group: 
DECISION  S UBJECT  
SCH/C  (98)  117 
27.10.1998 ACTION PLAN TO COMBAT ILLEGAL IMMIGRATION  
SCH/C  (99)  25 
22.3.1999 GENERAL PRINCIPLES FOR THE REMUNERATION OF 
INFORMANTS AND INFILTRATORS  
 
EN 46   EN ANNEX B 
(Article 2(2)) 
Switzerland will apply the following acts from the date set by the Council in accordance 
with Article 15. 
If by that date a Convention or a Protocol referred to by an act marked below by an 
asterisk has not yet entered into force in all the Member States of the European Union at 
the time of adoption of the act concerned, Sw itzerland will apply the relevant provisions 
of these instruments only from the date on wh ich the Convention or th e Protocol at issue 
is in force for all the said Member States. 
– Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and 
possession of weapons (OJ L 256, 13.9.1991, p. 51) and Commission 
Recommendation 93/216/EEC of 25 Febr uary 1993 on the European firearms 
pass (OJ L 93, 17.4.1993, p. 39) as modifi ed by Commission Recommendation 
96/129/EC of 12 January 1996 (OJ L 30, 8.2.1996, p. 47); 
– Council Regulation No 1683/95/EC of 29 May 1995 laying down a uniform 
format for visas (OJ L 164, 14.7.1995, p.1) as amended by Council Regulation 
No 334/2002/EC of 18 February 2002 (OJ L 53, 23.2.2002, p. 7); Commission 
Decision of 7 February 1996 and Comm ission Decision of 3 June 2002 laying 
down further technical specifications fo r the uniform format for visas (not 
published); 
– Council Directive 95/46/EC of the Europ ean Parliament and of the Council of 
24 October 1995 on the protecti on of individuals with re gard to the processing 
of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31); 
– Council Act of 29 May 2000 establishing in accordance with Article 34 of the 
Treaty on European Union the Convention on Mutual Assistan ce in Criminal 
Matters between the Member States of th e European Union [provisions referred 
to in Article 2 (1) of the Convention] (OJ C 197, 12.7.2000, p. 1);*  
– Council Decision No 2000/586/JHA of 28 September 2000 establishing a 
procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the 
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (OJ L 248, 3.10.2000, p. 1); 
– Council Decision No 2000/645/EC of 17 October 2000 correcting the Schengen 
acquis  as contained in Schengen Executiv e Committee SCH/Com-ex (94)15 rev. 
(OJ L 272, 25.10.2000, p. 24); 
– Council Regulation No 539/2001/EC of  15 March 2001 listing the third 
countries whose nationals must be in possession of visas when crossing the 
external borders and those whose nationa ls are exempt from that requirement 
(OJ L 81, 21.3.2001, p. 1) as amended by Council Regulation No 2414/2001/EC 
 
EN 47   EN of 7 December 2001 (OJ L 327, 12.12.2001, p.1)  and by Council Regulation 
No 453/2003/EC of 6 March 2003 (OJ L 69, 13.3.2003, p. 10); 
– Council Decision No 2001/329/EC of 24 April 2001 updating Part VI and 
Annexes 3, 6 and 13 of the Common Consul ar Instructions and Annexes 5(a), 
6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p. 32); 
– Council Regulation No 1091/2001/EC of 28 May 2001 on freedom of 
movement with a long-stay visa (OJ L 150, 6.6.2001, p. 4); 
– Council Decision No 2001/420/EC of 28 Ma y 2001 on the adaptation of Parts V 
and VI and Annex 13 of the Common Cons ular Instructions on Visas and Annex 
6a to the Common Manual with regard to long-stay visas valid concurrently as short-stay visas (OJ L 150, 6.6.2001, p. 47); 
– Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of 
decisions on the expulsion of third c ountry nationals (O J L 149 of 2.6.2001, p. 
34) and Council Decision No 2004/191/EC of  23 February 2004 setting out the 
criteria and practical arrangements for the compensation of the financial 
imbalances resulting from the applic ation of Directive 2001/40/EC on the 
mutual recognition of decisions on the e xpulsion of third country nationals (OJ 
L 60, 27.2.2004, p. 55); 
– Council Directive 2001/51/EC of 28 June  2001 supplementing the provisions of 
Article 26 of the Convention implementi ng the Schengen Agreement of 14 June 
1985 (OJ L 187, 10.7.2001, p. 45); 
– Council Act of 16 October 2001 establishing, in accordance with Article 34 of 
the Treaty on European Union, the Pr otocol to the Convention on Mutual 
Assistance in Criminal Matters between  the Member States of the European 
Union [provision referred to in Ar ticle 15 of the Protocol] (OJ C 326, 
21.11.2001, p. 1);* 
– Council Regulation No 2424/2001/EC of 6 December 2001 on the development 
of the second generation Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 4); 
– Council Decision No 2001/886/JHA of 6 December 2001 on the development of 
the second generation Schengen Info rmation System (SIS II) (OJ L 328, 
13.12.2001, p. 1); 
– Council Decision No 2002/44/EC of 20 D ecember 2001 amending Part VII and 
Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual (OJ L 20, 23.1.2002, p. 5); 
– Council Regulation No 333/2002/EC of 18 February 2002 on a uniform format 
for forms for affixing the visa issued by Me mber States to persons holding travel 
documents not recognised by the Member State drawing up the form (OJ L 53, 
23.02.2002, p. 4) and Commission Decision of 12 August 2002 laying down the 
technical specifications for the uniform fo rmat for affixing th e visa issued by 
 
EN 48   EN Member States to persons holding tr avel documents not recognised by the 
Member State drawing up the form (not published); 
– Council Decision No 2002/352/EC of 25 April 2002 on the revision of the 
Common Manual (OJ L 123, 09.05.2002, p. 47); 
– Council Decision No 2002/354/EC of 25 Apr il 2002 on the adaptation of Part III 
of, and the creation of an Annex 16 to, the Common Consular Instructions (OJ L 
123, 09.05.2002, p. 50); 
– Council Regulation No 1030/2002/EC of 13 June 2002 laying down a uniform 
format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1) and Commission Decision of 14 August 2002 laying down the technical 
specifications for the uniform format fo r residence permits for third country 
nationals (not published); 
– Council Decision No 2002/585/EC of 12 July 2002 on the adaptation of Parts III 
and VIII of the Common Consular  Instructions (OJ L 187, 16.7.2002, p. 44); 
– Council Decision No 2002/586/EC of 12 July 2002 on the amendment of Part 
VI of the Common Consular In structions (OJ L 187, 16.7.2002, p. 48); 
– Council Decision No 2002/587/EC of 12 July 2002 on the revision of the 
Common Manual (OJ L 187, 16.7.2002, p. 50); 
– Council Framework Decision No 2002/ 946/JHA of 28 November 2002 on the 
strengthening of the penal framework to prevent the facilita tion of unauthorised 
entry, transit and residence (OJ L 328, 5.12.2002, p. 1); 
– Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of 
unauthorised entry, transit a nd residence (OJ L 328, 5.12.2002, p. 17); 
– Council Regulation No 415/2003/EC of 27 February 2003 on the issue of visas 
at the border, including the issue of such  visas to seamen in transit (OJ L 64, 
7.3.2003, p. 1); 
– The provisions of the 1995 Convention on simplified extradition procedure 
between the Member States of th e European Union (OJ C 78, 30.3.1995, p. 2) 
and of the 1996 Convention relating to extradition between the Member States 
of the European Union (OJ C 313, 23.10.1996, p. 12) referred to in Council Decision 2003/169/JHA of 27 February 2003 determining which provisions of 
the 1995 Convention on simplified extrad ition procedure between the Member 
States of the European Union and of the 1996 Convention relating to extradition 
between the Member States of the Europ ean Union constitute developments of 
the Schengen acquis  in accordance with the Agr eement concerning the Republic 
of Iceland's and the Kingdo m of Norway's association with the implementation, 
application and development of the Schengen acquis  (OJ L 67, 12.3.2003, p. 
25);* 
 
EN 49   EN – Council Decision No 2003/170/JHA of 27 February 2003 on the common use of 
liaison officers posted abroad by the law enforcement agencies of the Member States [except Article 8] (OJ L 67, 12.3.2003, p. 27); 
– Council Regulation No 693/2003/EC of 14 April 2003 establishing a specific 
Facilitated Transit Document (FTD), a Facilitated Rail Transit Document 
(FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17.4.2003, p. 8); 
– Council Regulation No 694/2003/EC of 14 April 2003 on uniform formats for 
Facilitated Transit Docume nts (FTD) and Facilitated Rail Transit Documents 
(FRTD) provided for in Regulatio n (EC) No 693/2003 (OJ L 99, 17.4.2003, 
p. 15); 
– Council Decision No 2003/454/EC of 13 June 2003 amending Annex 12 of the 
Common Consular Instruc tions and Annex 14a of the Common Manual on visa 
fees (OJ L 152, 20.6.2003, p. 82); 
– Council Regulation No 1295/2003/EC of 15 July 2003 relating to measures 
envisaged to facilitate the procedures  for applying for and issuing visas for 
members of the Olympic family taking pa rt in the 2004 Olympic or Paralympic 
Games in Athens (OJ L 183, 22.7.2003, p. 1); 
– Council Decision No 2003/585/EC of  28 July 2003 amending Annex 2, 
Schedule A, of the Common Consular Inst ructions and Annex 5, Schedule A, of 
the Common Manual on the visa require ments for holders of Pakistani 
diplomatic passports (OJ L 198, 6.8.2003, p. 13); 
– Council Decision No 2003/586/EC of 28 July 2003 on the amendment of Annex 
3, Part I, of the Common Consular Inst ructions and Annex 5a, Part I of the 
Common Manual on third coun try nationals subject to airport visa requirements 
(OJ L 198, 6.8.2003, p. 15); 
– Council Decision No 2003/725/JHA of 2 October 2003 amending the provisions 
of Article 40 (1) and (7) of the Convention implementing the Schengen 
Agreement of 14 June 1985 on the gradua l abolition of checks at common 
borders (OJ L 260, 11.10.2003, p. 37); 
– Council Directive 2003/110/EC of 25 Nove mber 2003 on assistance in cases of 
transit for the purposes of re moval by air (OJ L 321, 6.12.2003, p. 26); 
– Council Decision No 2004/14/EC of 22 December 2003 amending the third 
subparagraph (Basic criteri a for examining applications) of Part V of the 
Common Consular Instruc tions (OJ L 5, 9.1.2004, p. 74); 
– Council Decision No 2004/15/EC of 22 December 2003 amending point 1.2 of 
Part II of the Common Consular Inst ructions and drawing up a new Annex 
thereto (OJ L 5, 9.1.2004, p. 76); 
– Council Decision No 2004/17/EC of 22 December 2003 amending Part V, point 
1.4, of the Common Consular Instructions and Part I, point 4.1.2 of the Common 
 
EN 50   EN Manual as regards inclusion of the requi rement to be in possession of travel 
medial insurance as one of the supporti ng documents for the grant of a uniform 
entry visa (OJ L 5, 09.01.2004, p. 79); 
– Council Regulation No 377/2004/EC of 19 Fe bruary 2004 on the creation of an 
immigration liaison officers network (OJ L 64, 2.3.2004, p. 1); 
– Council Decision No 2004/466/EC of 29 April 2004 amending the Common 
Manual in order to include provisions for targeted border controls on accompanied minors (OJ L 157, 30.4.2004, p. 136); 
– Corrigendum to Council Decision No 2004/466/EC of 29 April 2004 amending 
the Common Manual in order to include provisions for targeted border controls 
on accompanied minors (OJ L 195, 2.6.2004, p. 44); 
– Council Regulation No 871/2004/EC of  29 April 2004 concerning the 
introduction of some new functions for the Schengen Information System, including the fight against terrorism (OJ L 162, 30.4.2004, p. 29); 
– Council Directive 2004/82/EC of 29 April 2004 on the obligation for carriers to 
communicate passenger data (OJ L 261, 6.8.2004, p. 24)  
– Council Decision 2004/573/EC of 29 Apr il 2004 on the organisation of joint 
flights for the removal, from the territo ry of two or more Member States, of 
third-country nationals who are the subjec ts of individual re moval orders (OJ L 
261, 6.8.2004, p. 28) 
– Council Decision 2004/574/EC of 29 April 2004 amending the Common 
Manual (OJ L 261, 6.8.2004, p. 36) 
– Council Decision 2004/581/EC of 29 April 2004 determining the minimum 
indications to be used on signs  at border posts (OJ L 261, 6.8.2004, p. 119)  
– Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information 
System (VIS) (OJ L 213, 15.6.2004, p. 5) 
– [This list containing the development of the Schengen acquis will be updated 
according to the adoption of instrument s developing the Schengen acquis until 
the date of signature] 
 
EN 51   EN FINAL ACT 
concluded by the European Union, the European Community and the Swiss 
Confederation concerning the latter's association with the implementation, 
application and development of the Schengen acquis  
The plenipotentiaries have adopted the joint de clarations listed below and annexed to this 
Final Act: 
1. Common Declaration of the Contracting Parties on parliamentary consultation; 
2. Common Declaration of the Contrac ting Parties on external relations; 
3. Common Declaration of the Contractin g Parties on Article 23(7) of the 
Convention of 29 May 2000 on Mutual Assi stance in Criminal Matters between 
Member States of the European Union. 
The plenipotentiaries have also taken note of the declarations listed  below and annexed to 
this Final Act: 
1. Declaration by Switzerla nd on mutual assistance in criminal matters; 
2. Declaration by Switzerland on Article 7(2)(b) (time limit for accepting new 
developments in the Schengen acquis ); 
3. Declaration by Switzerland on the applic ation of the European Convention on 
Mutual Assistance in Criminal Matte rs and the European Convention on 
Extradition; 
4. Declaration of the European Commi ssion on the transmission of proposals; 
5. Declaration of the European Commission on the committees that assist the 
European Commission in the exercise of its executive powers.   
Done at , on For the European Union: For the European Community: For the Swiss Confederation: 
 
EN 52   EN Common Declaration of the Contracting Parties 
 
Common Declaration of the Contracting Pa rties on parliamentary consultation 
The Contracting Parties consider that matters covered by this Agreement should be 
discussed at the European Parliament-S witzerland interparliamentary meetings. 
 
Common Declaration of the Contracting Parties on external relations 
The Contracting Parties agre e that the European Community undertake to encourage 
third countries or international organisations with which it concludes agreements in areas linked to Schengen cooperation to conclude  similar agreements with the Swiss 
Confederation, without prejudi ce to the latter’s competence to  conclude such agreements. 
Common Declaration of the Contracting Part ies on Article 23(7) of the Convention 
of 29 May 2000 on Mutual Assistance in Cr iminal Matters between Member States 
of the European Union 
The Contracting Parties agree that Swit zerland may, subject to  the provisions of 
Article 23(1)(c) of th e Convention on Mutual Assistance  in Criminal Matters between 
Member States of the European Union, in the circumstances of a particular case, demand, 
unless the Member State concerned has obtaine d the consent of the data subject, that 
personal data not be used for the purposes refe rred to in Article 23( 1)(a) and (b) without 
the prior consent of Switzerland in proceedi ngs in which Switzerland could have refused 
or restricted the transmission or use of personal data under the Convention or the 
instruments referred to in Article 1 thereof. 
If, in a particular case, Switzerland refuses to give its consent to a request from a 
Member State pursuant to the a bove provisions, it must give reasons for its decision in 
writing. 
 
EN 53   EN Other declarations 
Declaration by Switzerland on mutu al assistance in criminal matters  
Switzerland declares that tax offences in the direct tax field being investigated by the 
Swiss authorities may not give rise, when this Agreement enters into force, to an appeal before a court competent inter alia to hear criminal matters. 
 
Declaration by Switzerland on Article 7(2)(b) (time limit for accepting new 
developments in the Schengen acquis ) 
The maximum time limit of two years laid do wn in Article 7(2)(b) covers both the 
approval and the implementation of the act or measure. It includes the following stages: 
– the preparatory stage; 
– the parliamentary procedure; 
– the referendum deadline (100 days from the official publication of the act) and, 
where applicable;  
– the referendum (organisation and voting). 
The Federal Council shall inform the Council and the Commission without delay of the 
completion of each of these stages.  
The Federal Council undertakes to use every means at its di sposal to ensure that the 
above-mentioned stages are comple ted as swiftly as possible. 
 
Declaration by Switzerland on the applic ation of the European Convention on 
Mutual Assistance in Crim inal Matters and the European Convention on 
Extradition  
Switzerland undertakes to refr ain from invoking its reservati ons and declarations made 
when ratifying the European Convention on Extradition of 13 December 1957 and the European Convention on Mutual Assistance in  Criminal Matters of 20 April 1959 in so 
far as they are incompatible with this Agreement. 
 
Declaration of the European Commissio n on the transmission of proposals  
When forwarding proposals rela ting to this Agreement to the Council of the European 
Union and to the European Parliament, th e Commission shall forward copies of such 
proposals to Switzerland. 
 
EN 54   EN Declaration of the European Commissio n on the committees that assist the 
European Commission in the exercise of its executive powers.  
At present, in addition to the committee set up by Article 31 of Directive 95/46/EC of the 
European Parliament and of the Counc il of 24 October 1995 on the protection of 
individuals with regard to th e processing of personal data,32 the committees which assist 
the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis  are: 
– the committee set up by Article 6 of  Council Regulation (EC) No 1683/95 
of 29 May 1995 laying down a uniform format for visas
33 (“Visa 
Committee”); and 
– the committee set up by Article 5 of Council Decision of 6 December 
2001 (2001/886/JAI) and by Article 5 of Council Regulation (EC) No 2424/2001 of 6 December 2001,
34 both instruments that refer to the 
development of the second generation Schengen information system (SIS 
II) (“SIS II Committee”). 
                                                 
32 OJ L 281, 23.11.1995, p. 31. 
33 OJ L 164, 14.7.1995, p. 1. Regulation as last amended by Council Regulation (EC) No 334/2002 
of 18.2.2002 (OJ L 53, 23.2.2002, p.7). 
34 OJ L 328, 13.12.2001, p. 1 and 4. 
 
EN 55   EN AGREEMENT IN THE FORM OF  AN EXCHANGE OF LETTERS 
between the Council of the European Un ion and the Swiss Federation on the 
committees that assist the European Commi ssion in the exercise of its executive 
powers 
A. Letter from the Community  
Sir, The Council refers to the negotiations concerning the Agreement concerning the 
association of the Swiss C onfederation with the impl ementation, application and 
development of the Schengen acquis  and has taken due note of the request of the Swiss 
Confederation, in the spirit of its participatio n in the decision-making process in the 
fields covered by the Agreement and in or der to enhance the smooth operation of the 
Agreement, to be fully associated with th e work of the committees which assist the 
European Commission in the exercise of its executive powers. 
The Council notes that in future, when such procedures will be applied in the fields 
covered by the Agreement, there will indeed be a need to associate the Swiss Confederation with the wo rk of these committees, inter alia in order to ensure that the 
procedures of the Agreement have been appl ied to the acts or measures concerned, so 
that these may become bindi ng on the Swiss Confederation. 
The European Community undertakes to negotia te appropriate arrange ments with a view 
to associating the Swiss Confederati on with the work of these committees. 
As regards Directive 95/46/EC of the Euro pean Parliament and of the Council of 
24 October 1995 on the protection of individuals  with regard to the processing of 
personal data and on the free movement of such data: 
– The European Commission shall ensure that the experts from the Swiss 
Confederation participate as widely as possible, where a specific point 
concerns the application of the Schengen acquis  and exclusively for that 
point, in preparing draft measures to be submitted subsequently to the committee established under Article 31 of this Directive, which assists the European Commission in the exercise of its executive powers. Accordingly, when drawing up its proposals, the European Commission 
shall consult the experts from the Sw iss Confederation on the same basis 
as the experts from the Member States; 
– Under the second subparagraph of Article  29(2) of the Directive, the Swiss 
Confederation may appoint a representati ve of the supervisory authority or 
of the authorities designated by the Sw iss Confederation to participate as 
an observer, without voting rights, in meetings of the group for the 
protection of individuals with regard to the pro cessing of personal data. 
Participation will take place on the ba sis of an ad hoc invitation where a 
specific point concerns the application of the Schengen acquis  and 
exclusively for that point. 
 
EN 56   EN Could you please confirm that your Governme nt agrees to these arrangements?  
Yours faithfully, 
 
EN 57   EN B. Reply from the Swiss Confederation  
Sir, Thank for your letter dated …, worded as follows: 
“The Council refers to the negotiations concerning the Agreement on the 
association of the Swiss C onfederation with the implementation, application and 
development of the Schengen acquis  and has taken due note of the request of the 
Swiss Confederation, in the spirit of its  participation in the decision-making 
process in the fields covered by the Ag reement and in order to enhance the 
smooth operation of the Agreement, to be fully associated with the work of the 
committees which assist the European Commission in the exercise of its 
executive powers. 
The Council notes that in future, when su ch procedures will be applied in the 
fields covered by the Agreement, there will indeed be a need to associate the Swiss Confederation with th e work of these committees, inter alia in order to 
ensure that the procedures of the Agreem ent have been applied to the acts or 
measures concerned, so that thes e may become binding on the Swiss 
Confederation. 
The European Community undertakes to negotiate appropri ate arrangements 
with a view to associating the Swiss Confederation with the work of these 
committees. 
As regards Directive 95/46/ EC of the European Parlia ment and of the Council of 
24 October 1995 on the protecti on of individuals with re gard to the processing 
of personal data and on the free movement of such data: 
– The European Commission shall ensure that the experts from the Swiss 
Confederation participate as widely as possible, where a specific point 
concerns the applicat ion of the Schengen acquis  and exclusively for such 
points, in preparing draft measures to be submitted subsequently to the committee established under Article 31 of this Directive, which assists the European Commission in the exercise of its executive powers. Accordingly, when drawing up its proposals, the European Commission 
shall consult the experts from the Sw iss Confederation on the same basis 
as the experts from the Member States; 
– Under the second subparagraph of Article  29(2) of the Directive, the Swiss 
Confederation may appoint a representati ve of the supervisory authority or 
of the authorities designated by the Sw iss Confederation to participate as 
an observer, without voting rights, in meetings of the group for the 
protection of individuals with regard to the pro cessing of personal data. 
Participation will take place on the ba sis of an ad hoc invitation where a 
specific point concerns the application of the Schengen acquis  and 
exclusively for that point. 
Could you please confirm that your Govern ment agrees to these arrangements?” 
 
EN 58   EN It is my pleasure to inform you that the Fede ral Council has indicated its agreement to the 
above arrangements. 
Yours faithfully, 
 
EN 59   EN COMMON DECLARATION ON JOINT MEETINGS 
The delegations representing the governments of the member states of the European 
Union, 
The delegation of the European Commission, The delegations representing the government s of the Republic of Iceland and the 
Kingdom of Norway, 
The delegation representing the govern ment of the Swiss Confederation, 
Have decided to organize the meetings of  the Mixed Committees, established by the 
agreement on the association of Iceland and Norway with the implementation, application and development of the Schengen acquis , on the one hand, and the agreement 
on the association of Switzerland with the implementation, application and development 
of the Schengen acquis , on the other hand, jo intly, no matter the le vel of the meeting. 
Note that holding these meetings jointly ca lls for pragmatic arrangement regarding the 
office of presidency of such meetings when  that presidency is to be held by the 
associated States according to the Agreemen t between the European Union, the European 
Community and the Swiss Conf ederation concerning the la tter’s association with the 
implementation, application and development of the Schengen acquis  or the Agreement 
concluded by the Council of the European Union and the Republic of Iceland and the 
Kingdom of Norway concerning the latter’s  association with the implementation, 
application and development of the Schengen acquis . 
Note the wish of the associated States to  cede, as necessary, the exercise of their 
presidencies and rotate it among them in alpha betical order of name as of the entry into 
force of the Agreement between the Europ ean Union, the European Community and the 
Swiss Confederation concerning the latter ’s association with the implementation, 
application and development of the Schengen acquis . 
Done at on 
 
EN 60   EN AGREED MINUTES 
of the negotiations on the agreement co ncluded between the European Union, the 
European Community and the Swiss Confederation concerning the latter's association with the implementation, app lication and development of the Schengen 
acquis  
The delegations involved in  negotiating the agreement 
– declare in respect of Article 7(2)(b) that 
regular, direct contacts will be  established between the Council’s Secretariat General and 
the Swiss mission to the European Communitie s with a view to keeping Switzerland 
informed of progress in procedures for adopt ing the relevant Eur opean Union acts and 
measures so that Switzerland can launc h its procedure for incorporating the acquis  as 
quickly as possible.  
– note, in respect of Annex B to Council Directive 91/477/EEC of 18  June  1991 on 
control of the acquisition and possession of weapons, that  
the aforementioned Directive does not cover the acquisition and po ssession by the armed 
forces, in accordance with national law, of  weapons and munitions. The current Swiss 
system of lending weapons as part of voluntary classes for young marksmen, lending 
weapons to reservists and a llocating service weapons which have been converted into 
semi-automatic firearms to ex-soldiers is covered by this exception and, as such, is not 
affected by the Schengen acquis  but is governed by the relevant Swiss regulation.  
– take note, in respect of Eurojust and the European Judicial Network,  
that it is worthwhile looking into the possi bility of Swiss cooperation with the work of 
Eurojust and, if possible, the European Judicial Network. 
Done at... on... 
 
EN 61   EN AGREEMENT 
between the European Community and th e Swiss Confederation concerning the 
criteria and mechanisms for establishing  the State responsible for examining a 
request for asylum lodged in a Member State or in Switzerland 
THE EUROPEAN COMMUNITY 
and THE SWISS CONFEDERATION, hereinafter referred to as the “Contracting Parties”, 
WHEREAS the Council of the European Un ion has adopted Council Regulation (EC) 
No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in 
one of the Member States by a third-country national
35 (hereinafter referred to as the 
“Dublin Regulation”), which replaced the C onvention determining the State responsible 
for examining applications for asylum lodge d in one of the Member States of the 
European Communities, signed in Dublin on 15 June 199036 (hereinafter referred to as 
the “Dublin Convention”), and whereas th e Commission of the European Communities 
has adopted Commission Regulation (EC)  No 1560/2003 of 2 September 2003 laying 
down detailed rules for the applicati on of Council Regulation (EC) No 343/2003 
establishing the criteria and mechanisms fo r determining the Member State responsible 
for examining an asylum application lodged in one of the Member States by a third-
country national,37 hereinafter referred to as th e “Dublin implementing Regulation”. 
WHEREAS the Council of the European Un ion has adopted Council Regulation (EC) 
No 2725/2000 of 11 December 2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention with a 
view to helping to determine the Contracting Party responsib le for examining an asylum 
application in accordance w ith the Dublin Convention
38 (hereinafter referred to as the 
“Eurodac Regulation”) and Council Regulati on (EC) No 407/2002 of 28 February 2002 
laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the 
establishment of "Eurodac" for the comp arison of fingerprints for the effective 
application of the Dublin Convention39 (hereinafter referred to as the “Eurodac 
implementing Regulation”). 
WHEREAS Directive 95/46/EC of the Europ ean Parliament and of the Council of 
24 October 1995 on the protection of individuals  with regard to the processing of 
personal data and on the free movement of such data40 (hereinafter referred to as the 
“protection of personal data Directive”) must  be applied by the Sw iss Confederation as 
                                                 
35 OJ L 50, 25.2.2003, p. 1. 
36 OJ C 254, 19.8.1997, p.1. 
37 OJ L 222, 5.9.2003, p. 3. 
38 OJ L 316, 15.12.2000, p. 1. 
39 OJ L 62, 5.3.2002, p. 1. 
40 OJ L 281, 23.11.1995, p. 31. 
 
EN 62   EN applied by the Member States of the Eur opean Union when processing data for the 
purposes of this Agreement. 
CONSIDERING the geographical pos ition of the Swi ss Confederation. 
WHEREAS the participation of the Swiss Confederation in the Community acquis  
covered by the Dublin and Eurodac regula tions (hereinafter referred to as the 
“Dublin/Eurodac acquis ”) will help to strengthen c ooperation between the European 
Community and the Swiss Confederation. 
WHEREAS the European Community has concl uded an agreement with the Republic of 
Iceland and the Kingdom of Norway con cerning the criteria and mechanisms for 
establishing the State responsib le for examining a request for asylum lodged in a Member 
State or in Iceland or Norway41 based on the Dublin Convention. 
WHEREAS it is desirable that th e Swiss Confederation be asso ciated on an equal footing 
with Iceland and Norway in the implement ation, application and development of the 
Dublin/Eurodac acquis . 
WHEREAS an agreement should be conclude d between the European Community and 
the Swiss Confederation containing rights a nd obligations similar to those agreed 
between the European Community, of the one part, and Iceland and Norway, of the other 
part. 
CONVINCED of the need to organise cooperation betwee n the European Community 
and the Swiss Confederation as regards the implementation, practical application and 
further development of the Dublin/Eurodac acquis . 
WHEREAS it is necessary, in order to associate the Swi ss Confederation with the 
activities of the European Community in the fields covered by this Agreement and to enable it to participate in t hose activities, to set up a co mmittee in accordance with the 
institutional model established for th e association of Iceland and Norway. 
WHEREAS cooperation in the areas covered by  the Dublin and Eur odac regulations is 
based on the principles of freedom, democracy , the rule of law and respect for human 
rights, as guaranteed in particular by the European Convention for the Protection of 
Human Rights and Fundamental Freedoms of 4 November 1950. 
WHEREAS the provisions of Title IV of the Treaty establishing the European 
Community and the acts adopted on the basis of that Title do  not apply to the Kingdom 
of Denmark pursuant to the Protocol on the position of Denmark annexed by the Treaty 
of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community, but it should be made possible for the Swiss Confederation and 
Denmark to apply the substantive provisions of this Agreement in their relations with each other. 
                                                
 
41 OJ L 93, 3.4.2001, p. 38. 
 
EN 63   EN WHEREAS it is necessary to ensure that the States with which the European Union has 
established an association for the purpose of implementing, applying and developing the 
Dublin/Eurodac acquis  also apply this acquis  in their relations with each other. 
WHEREAS the smooth operation of the Dublin/Eurodac acquis  requires that this 
Agreement be applied simultaneously with th e agreements between the various parties 
associated with or participating in th e implementation and development of the 
Dublin/Eurodac acquis  governing their mutual relations. 
CONSIDERING the association of the Swi ss Confederation with the implementation, 
application and development of the Schengen acquis . 
BEARING IN MIND the link between the Schengen acquis  and the Dublin/Eurodac 
acquis.  
WHEREAS this link requires that the Dublin/Eurodac acquis  be applied simultaneously 
with the Schengen acquis , 
HAVE AGREED AS FOLLOWS: 
 
EN 64   EN Article 1 
1. The provisions of the 
– Dublin Regulation; 
– Eurodac Regulation; 
– Eurodac implementing Regulation; and 
– the Dublin implementing Regulation 
shall be implemented by the Swiss Confederation, hereinafter referred to as 
“Switzerland”, and applied in its relations with the Member States of the European 
Union, hereinafter referred to as “the Member States”. 
2. The Member States shall apply the regul ations referred to in paragraph 1 to 
Switzerland. 
3. The acts and measures taken by the Eu ropean Community amending or building 
upon the provisions referred to in paragraph 1 and the decisions taken in accordance with 
the procedures set out in those provisions sh all also, without prejudice to Article 4, be 
accepted, implemented and applied by Switzerland. 
4. The provisions of the protection of persona l data Directive as applicable to the 
Member States with regard to data pro cessed for the purposes of implementing and 
applying the provisions referred to in para graph 1 shall be implemented and applied, 
mutatis mutandis, by Switzerland. 
5. For the purposes of paragraphs 1 and 2, re ferences to the “Member States” in the 
provisions referred to in paragraph 1 sh all be deemed to include Switzerland. 
Article 2 
1. When new legislation is drafted ame nding or building upon the provisions of 
Article 1, the Commission of the European Communities, hereinafter referred to as the “Commission”, shall informally consult the Swiss experts in the same way as it consults 
the experts of the Member States when drafting its proposals. 
2. When transmitting its proposals referred to in paragraph 1 to the European 
Parliament and the Council of the European  Union, hereinafter referred to as the 
“Council”, the European Commission shall transmit copies thereof to Switzerland. 
At the request of one of the Contracting Parties, a prelimin ary exchange of views may be 
held in the Mixed Committee set up pursuant to Article 3. 
3. The Contracting Parties shall consult each  other again, at the request of one of 
their number, in the Mixed Committee, at impor tant points in the stage prior to adoption 
 
EN 65   EN of the legislation referred to in paragraph 1, in a continuous process of information 
provision and consultation.  
4. The Contracting Parties shall work toge ther in good faith during the information 
provision and consultation stage with a view to facilitating the activities of the Mixed 
Committee at the end of the process, in accordance with this Agreement. 
5. The Swiss Government’s representatives may put forward suggestions in the 
Mixed Committee as regards the matt ers referred to in paragraph 1. 
6. The Commission shall ensure that the Swiss experts participate as widely as 
possible, depending on the areas concerned, in preparing draft measures to be submitted 
subsequently to the committees which assist the European Commission in the exercise of 
its executive powers. Accordingly, when draw ing up its proposals, the Commission shall 
consult the Swiss experts on the same basis as the experts from the Member States. 
7. Where the matter is referred to the C ouncil in accordance with the procedure 
applying to the type of committee in quest ion, the Commission must transmit to the 
Council the views of the Swiss experts. 
Article 3 
1. A Mixed Committee shall be established consisting of representatives of the 
Contracting Parties. 
2. The Mixed Committee shall adopt its ow n Rules of Procedure by consensus. 
3. The Mixed Committee shall meet at the initiative of its President or at the request 
of any of its members. 
4. The Mixed Committee shall meet at the appropriate level, depending on needs, 
with a view to examining the implementation and practical applicatio n of the provisions 
referred to in Article 1 and to holding an  exchange of views on acts and measures 
amending or building upon the provisions re ferred to in Article 1. All exchanges of 
information concerning this Agreement shall be deemed to have taken place in accordance with the Mixed Committee’s terms of reference. 
5. The office of President of the Mixed Co mmittee shall be held alternately, for a 
period of six months, by the representative of the European Community and by the 
representative of the Swiss Government. 
Article 4 
1. Subject to paragraph 2, when the Council adopts acts or measures amending or 
building upon the provisions of Article 1 an d when acts or measures are adopted in 
accordance with the procedures set out in thos e provisions, those acts or measures shall 
be applied simultaneously by the Member St ates and Switzerland, except where express 
provisions exist to the contrary.  
 
EN 66   EN 2. The Commission shall notify Switzerland without delay of the adoption of the 
acts or measures referred to in paragraph 1. Switzerland shall deci de whether to accept 
their contents and to implement them in its internal legal order. This decision shall be 
notified to the Commission within thirty days  of the adoption of the acts or measures 
concerned. 
3. If the contents of such acts or meas ures can become bindi ng on Switzerland only 
after the fulfilment of constitutional requirements, Switzerland shall inform the Commission of this at the time of its notifica tion. Switzerland shall promptly inform the 
Commission in writing upon fulfilment of a ll constitutional requirements. Where a 
referendum is not required, no tification shall take place as soon as the referendum 
deadline expires. If a referendum is required, Switzerla nd shall have a maximum of two 
years from the date of the Commission’s no tification in which to effect notification. 
From the date laid down for the entry into fo rce of the act or meas ure for Switzerland and 
until it has given notification that the cons titutional requirements have been met, 
Switzerland shall, where possible, implem ent the act or measure in question on a 
provisional basis. 
4. If Switzerland cannot implement the act  or measure at issue on a provisional 
basis, and if this causes difficulties that  disrupt the operation of Dublin/Eurodac 
cooperation, the situation shall be examined by the Mixed Committee. The European Community may take proportionate, appropriate measures against Switzerland to ensure 
that Dublin/Eurodac cooperation operates smoothly. 
5. Acceptance by Switzerland of the acts and measures referred to in paragraph 1 
shall create rights and obligations between Switzerland and the Member States of the 
European Union. 
6. If: (a) Switzerland notifies its deci sion not to accept the conten ts of an act or measure 
referred to in paragraph 1 and to which the procedures set out in this Agreement have 
been applied; or 
(b) Switzerland does not carry out notification w ithin the thirty-day time limit referred to 
in paragraph 2; 
(c) Switzerland does not carry out notification after the referendum deadline has expired 
or, in the case of a referendum, within the two-year time limit set out  in paragraph 3, or 
does not provide for provisional implementati on as envisaged in the same subparagraph 
from the date laid down for the entry into force of the act or measure concerned; 
this Agreement shall be suspended. 7. The Mixed Committee shall examine the matter which gave rise to suspension 
and shall endeavour to deal with th e underlying causes of non-acceptance or 
non-ratification within ninety days. After ex amining all other options with a view to 
ensuring that the Agreement continues to ope rate smoothly, includi ng the possibility of 
noting that the Contracting Parties’ laws and regulations are equivale nt, it may decide, on 
 
EN 67   EN a unanimous basis, to reinstate this Agreement. If this Agre ement is still suspended after 
ninety days, it shall be considered terminated. 
Article 5 
1. In order to achieve the Contracting Parties’ objectiv e of ensuring the most 
uniform possible application and interpretation of the provisions referred to in Article 1, 
the Mixed Committee shall keep under constant  review developments in the case-law of 
the Court of Justice of the European Communities, hereinafter referred to as the “Court of Justice”, and in the case-l aw relating to such provisions of the competent Swiss courts. 
To that end the Contracting Pa rties shall ensure the prompt mutual transmission of such 
case-law. 
2. Switzerland shall have th e right to submit statemen ts of case or written 
observations to the Court of Justice in cases where a court in a Member State has applied 
to the Court of Justice for a preliminary ruling concerning the interpretation of the provisions referred to in Article 1. 
Article 6 
1. Each year Switzerland shall report to the Mixed Committee on the way in which 
its administrative authorities and courts have applied and interpreted the provisions 
referred to in Article 1, as interpreted, where relevant, by the Court of Justice. 
2. If, within two months of being notified of a substantial diverg ence between Court 
of Justice case-law and that of Switzerland' s courts or of a s ubstantial divergence 
between the authorities of the Member States concerned and the Swiss authorities in their 
application of the provisions referred to in  Article 1, the Mixed Committee is unable to 
ensure a uniform application and interpretati on, the procedure provided for in Article 7 
shall be initiated. 
Article 7 
1. In the event of a dispute a bout the application or interp retation of this Agreement 
or where the situation provided for in Article 6(2) occurs, the matter shall be officially 
entered as a matter of dispute on th e agenda of the Mixed Committee. 
2. The Mixed Committee shall have ninety da ys to settle the dispute, counting from 
the date of adoption of the agenda on  which the dispute has been placed. 
3. Where the dispute cannot be settle d by the Mixed Committee within the 
ninety-day deadline provided for in paragraph 2, this deadline shall be extended by a 
further ninety days with a view  to reaching a final settlement. If, at the end of that period, 
the Mixed Committee has not taken a decisi on, this Agreement shall be considered 
terminated at the end of the last  day of the period in question.  
 
EN 68   EN Article 8 
1. With regard to the administrative and operating costs associated with the 
setting-up and operation of the Eurodac ce ntral unit, Switzerland shall make a 
contribution to the general budget of the European Communities amounting to 7.286% of an initial reference amount of €11 675 000 a nd, from the 2004 financial year, an annual 
contribution amounting to 7.286% of the corr esponding budgetary appr opriations for the 
financial year in question.  
As for the other administrative and operati ng costs associated with implementing this 
Agreement, Switzerland sha ll contribute to the general budget of the European 
Communities an annual sum calcu lated in accordance with its gross domestic product as 
a percentage of the gross domestic pr oduct of all the part icipating States. 
2. Switzerland shall have the right to receive documents pertaining to this 
Agreement and, at meetings of the Mixed Co mmittee, to request in terpreting into an 
official language of the institutions of the European Communities of its choosing. 
Article 9 
The Swiss national supervisory body entrusted with data pr otection and the independent 
supervisory body established pursuant to Artic le 286(2) of the Treaty establishing the 
European Community shall cooperate to the extent necessary to carry out their duties 
and, in particular, shall exchange any re levant information. The two bodies shall 
determine arrangements governing their mu tual cooperation by joint agreement. 
Article 10 
1. This Agreement shall not affect in any respect the other agreements concluded 
between the European Community and Switzerland. 
2. This Agreement shall not affect in any respect any future agreements concluded 
with Switzerland by the European Community.  
Article 11 
1. The Kingdom of Denmark may request to participate in this Agreement. The 
Contracting Parties, acting w ith the consent of the Kingdom  of Denmark, shall lay down 
the conditions governing such participation in a protocol to this Agreement. 
2. Switzerland shall conclude an agreemen t with the Republic of Iceland and the 
Kingdom of Norway on the creati on of reciprocal rights and ob ligations pursuant to their 
respective associations with the implemen tation, application and development of the 
Dublin/Eurodac acquis . 
 
EN 69   EN Article 12 
1. This Agreement shall be ratified or  approved by the Contracting Parties. 
Instruments of ratification or approval shall be deposited wi th the Secretary General of 
the Council, who shall be the depositary. 
2. This Agreement shall enter into force on the first day of the month following 
notification by the depositary to the Contract ing Parties that the final instrument of 
ratification or approval has been deposited. 
3. Articles 2, 3 and 4 of paragraph 2, first se ntence, shall apply provisionally as of 
the date on which this Agreement is signed. 
Article 13 
With respect to acts or measures adopted afte r this Agreement has been signed but before 
it enters into force, the thirty-day period refe rred to in Article 4(2), last sentence shall 
start to run from the day of entr y into force of this Agreement. 
Article 14 
1. This Agreement shall be applied only if the agreements referred to in Article 11 
are also implemented. 
2. In addition, this Agreement shall be implemented only if the agreement 
concluded between the European Union, the European Commun ity and the Swiss 
Confederation concerning the latter's associ ation with the implementation, application 
and development of the Schengen acquis is also implemented.  
Article  15 
1. Liechtenstein may accede to this Agreement. 2. The accession of Liechtenstein shall be the subject of a protocol to this 
Agreement setting out all th e consequences of accession, in cluding the creation of rights 
and obligations between Liechtenstein and Switzerland, and between  Liechtenstein, of 
the one part, and the European Community and its Member States, in so far as they are 
bound by this Agreement, of the other part. 
Article 16 
1. Each Contracting Party may terminate th is Agreement by sending a declaration in 
writing to the depositary. This declaration sh all take effect six months after being 
deposited. 
 
EN 70   EN 2. This Agreement shall be considered to have been terminated if Switzerland 
terminates one of the agreements referred to in  Article 11 or the agreement referred to in 
Article 14(2). 
Done at… on… in duplicate in the Czech, Da nish, Dutch, English, Estonian, Finnish, 
French, German, Greek, Hungarian, Italian, Latvian, Lithuania n, Polish, Portuguese, 
Slovak, Slovenian, Spanish and Swedish languag es, each text being equally authentic. 
 
EN 71   EN FINAL ACT 
of the Agreement between the European Community and the Swiss Confederation 
concerning the criteria and mechanisms for establishing the State responsible for 
examining a request for asylum lodged in a Member State or in Switzerland 
The plenipotentiaries have adopted the joint de clarations listed below and annexed to this 
Final Act: 
1. Common Declaration of the Contr acting Parties on a close dialogue;  
2. Common Declaration of the Contracti ng Parties on Directive 95/46/EC of the 
European Parliament and the Council on data protection. 
The plenipotentiaries have also taken note of the declarations listed  below and annexed to 
this Final Act: 
1. Declaration by Switzerland on Article 4(3) (time limit for accepting new 
developments in the Dublin/Eurodac acquis ); 
2. Declaration of the European Commission on the committees that assist the 
European Commission in the exercise of its executive powers. 
Done at... on... For the European Community: 
For the Swiss Confederation: 
 
EN 72   EN Common Declaration of the Contracting Parties 
 
Common Declaration of the Contracting Parties on a close dialogue 
The Contracting Parties stress  the importance of a close, productive dialogue between all 
parties participating in the implementation of the provisions listed in Article 1(1) of the 
Agreement. 
In accordance with Article 3(1) of the Agr eement, the Commission invites experts from 
the Member States to attend Mixed Comm ittee meetings with a view to holding 
exchanges of views with Switzerland on all the matters dealt with in the Agreement. 
The Contracting Parties note that the Member St ates are prepared to accept this invitation 
and to take part in these exchanges of vi ews with Switzerland on all the matters dealt 
with in the Agreement. 
 
Common Declaration of the Contracting Parties on Directive 95/46/EC of the 
European Parliament and the Council on data protection 
As part of the Agreement, the Contracti ng Parties agree that, as regards Directive 
95/46/EC of the European Parliament and the Council of 24 October 1995 on the 
protection of individuals with regard  to the processing of personal data42 and on the free 
movement of such data, participation by the Swiss Confederation’s representatives shall 
reflect the concept established by the exchange of letters on the committees that assist the 
European Commission in the exercise of its executive powers and annexed to the 
agreement concluded between the European  Union, the European Community and the 
Swiss Confederation concerning the latter's  association with the implementation, 
application and development of the Schengen acquis . 
                                                 
42 OJ L 281, 23.11.1995, p. 31. 
 
EN 73   EN Other declarations 
 
Declaration by Switzerland on Articl e 4(3) (time limit for accepting new 
developments in the Dublin/Eurodac acquis ); 
 
The maximum time limit of two years laid down in Article 4(3) covers both the approval 
and the implementation of the act or m easure. It includes the following stages: 
– the preparatory stage; 
– the parliamentary procedure; 
– the referendum deadline (100 days from the official publication of the act) and, 
where applicable;  
– the referendum (organisation and voting). 
The Federal Council shall inform the Council and the Commission without delay of the 
completion of each of these stages.  
The Federal Council undertakes to use every means at its di sposal to ensure that the 
above-mentioned stages are comple ted as swiftly as possible. 
 
Declaration of the European Commissio n on the committees that assist the 
European Commission in the exercise of its executive powers.  
At present, the committees that assist the Eu ropean Commission in the exercise of its 
executive powers regarding the implementa tion, application and development of the 
Dublin/Eurodac acquis  are: 
– the committee set up by Article 27 of C ouncil Regulation (EC) No 343/2003 of 
18 February 2003 establishing the criteria  and mechanisms for determining the 
Member State responsible for examining an  asylum application lodged in one of 
the Member States by a third-country national43 (Dublin Committee) and 
– the committee set up by Council Regulation (EC) No 2725/2000 of 
11 December 2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention
44 (Eurodac Committee).  
                                                 
43 OJ L 50, 25.2.2003, p. 1. 
44 OJ L 316, 15.12.2000, p. 1. 
 
EN 74   EN COMMON DECLARATION ON JOINT-MEETINGS 
The delegation of the European Commission, 
The delegations representing the government s of the Republic of Iceland and the 
Kingdom of Norway, 
The delegation representing the govern ment of the Swiss Confederation, 
Have decided to organize the meetings of the Joint Committees, established by the 
agreement between the European Community and Iceland and Norway concerning the 
criteria and mechanisms for establishing the State responsible for examining a request for 
asylum lodged in a Member State or in Iceland or Norway, on the one hand, and the 
agreement between the European Community and the Swiss Confed eration concerning 
the criteria and mechanisms fo r establishing the State respons ible for examining a request 
for asylum lodged in a Member State or in Switzerland, on the other hand, jointly. 
Note that holding these meetings jointly calls for a pragmatic arrangement regarding the 
office of presidency of such meetings when  that presidency is to be held by the 
associated States according to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State 
responsible for examining a request for asylum  lodged in a Member State or Switzerland 
or the Agreement between the European Comm unity and the Republic of Iceland and the 
Kingdom of Norway concerning the criteria an d mechanisms for establishing the State 
responsible for examining a request for asylum lodged in a Member Stat e or in Iceland or 
Norway. 
Note the wish of the associated States to  cede, as necessary, the exercise of their 
presidencies and rotate it among them in al phabetical order of name  as from the entry 
into force of the Agreement between the European Community and the Swiss 
Confederation concerning the criteria a nd mechanisms for establishing the State 
responsible for examining a request for asylum  lodged in a Member State or Switzerland. 
Done at on 
 
EN 75   EN LEGISLATIVE FINANCIAL STATEMENT  
Policy area(s): Area of freedom, security and justice 
Activities : External borders, visa policy and free movement of people 
Policy Strategy and Coordination 
 
 
TITLE OF ACTION : AGREEMENT BETWEEN THE EUROPEAN UNION , THE EUROPEAN 
COMMUNITY AND THE SWISS CONFEDERATION CONCERNING THE LATTER ’S 
ASSOCIATION WITH THE IMPLEMENTATION , APPLICATION AND DEVELOPMENT OF THE 
SCHENGEN ACQUIS  
1. BUDGET  LINE(S)  + HEADING(S) 
18.08.02 Système d'information Schengen (SIS II) 
18.08.03 Système d'information sur les visas (VIS) 18.02.03 European Agency for the Manage ment of operational cooperation at 
the external borders 
2. OVERALL
 FIGURES   
2.1. Total allocation for action (Part B): 0 € million for commitment 
2.2. Period of application: 
Start: The Agreement will (probably) enter into force in 2005 (depending on 
ratifications) 
Expiry: The Agreement has no expi ry date, but can be cancelled 
2.3. Overall multiannual esti mate of expenditure: 
NOT APPLICABLE 
(a) Schedule of commitment appropriations /payment appropriations (financial 
intervention) (see point 6.1.1) 
 
EN 76   EN  € million ( to three decimal places) 
 
  
Year 
[n]  
[n+1] 
[n+2]  
[n+3]  
[n+4] [n+5 
and 
subs. 
Years]  
Tot
al 
Commitments        
Payments        
(b) Technical and administrative a ssistance and support expenditure (see point 6.1.2)  
C o m m i t m e n t s         
P a y m e n t s         
 
Subtotal a+b        
C o m m i t m e n t s         
P a y m e n t s         
(c) Overall financial impact of human  resources and other administrative 
expenditure 
(see points 7.2 and 7.3) 
Commitments/ 
payments        
 
TOTAL a+b+c        
C o m m i t m e n t s         
P a y m e n t s         
2.4. Compatibility with financial progr amming and financial perspective 
 Proposal is compatible with existing financial programming. 
 Proposal will entail reprogramming of the relevant heading in the financial 
perspective. 
 Proposal may require application of th e provisions of the Interinstitutional 
Agreement. 
 
EN 77   EN 2.5. Financial impact on revenue:45 
 Proposal has no financial implica tions (involves technical aspects 
regarding implementation of a measure) 
OR [x] Proposal has financial impact – th e effect on revenue is as follows: 
(€ million to two decimal place)
 
  Situation following action 
Budget line Revenue Prior to
action 
2003  20052006 2007 2008 2009 2010 
a) Revenue in absolute terms  0.73 0.03 0.03 0.03 0.03 0.03 18 08 02 
b) Change in revenue  ∆ 0.73 -0.70 - - - - 
a) Revenue in absolute terms  0.45 0.55 0.55 0.55 0.55 0.55 18 08 03 
b) Change in revenue  ∆ 0.45 0.10 - - - - 
a) Revenue in absolute terms  0.11 0.27 0.27 0.27 0.27 0.27 18 02 03 
b) Change in revenue  ∆ 0.11 0.16 - - - - 
3. BUDGET  CHARACTERISTICS 
Type of expenditure 
 New EFTA 
contribution Contributions 
form applicant 
countries Heading in 
financial 
perspective 
Non-comp Diff NO NO NO No 3 
4. LEGAL  BASIS   
Articles 62 and 63 TCE 
Articles 24 and 38 TUE 
Agreement between the European Union, the European Community and the Swiss 
Confederation concerning the la tter’s association with the implementation, application 
and development of the Schengen acquis (article 11(2) and (3)).  
                                                 
45 For further information, see separate explanatory note. 
 
EN 78   EN 5. DESCRIPTION  AND  GROUNDS 
NOT APPLICABLE 
5.1. Need for Community intervention 46 
5.1.1. Objectives pursued 
N/A 
5.1.2. Measures taken in connection with ex ante  evaluation  
N/A 
5.1.3. Measures taken following ex post  evaluation 
N/A 5.2. Action envisaged and budget intervention arrangements 
N/A 
5.3. Methods of implementation 
N/A 
6. FINANCIAL
 IMPACT 
NOT APPLICABLE 
6.1. Total financial impact on Part B - (over the entire pr ogramming period) 
6.1.1. Financial intervention 
Commitments (in € million to three decimal places) 
Breakdown [Year 
n] [n+1]  [n+2]  [n+3]  [n+4]  [n+5 and 
subs. 
Years] Total 
A c t i o n  1         
A c t i o n  2         
e t c .         
TOTAL        
                                                 
46 For further information, see separate explanatory note. 
 
EN 79   EN 6.1.2. Technical and administrative assistance,  support expenditure and IT expenditure 
(commitment appropriations) 
 [Year 
n] [n+1]  [n+2]  [n+3]  [n+4]  [n+5 
and 
subs. 
years]  Total 
1) Technical and 
administrative assistance        
a) Technical assistance 
offices       
b) Other technical and 
administrative assistance: 
- intra muros: - extra muros: 
of which for construction 
and maintenance of computerised management 
systems        
Subtotal 1        
2) Support expenditure        
a )  S t u d i e s         
b) Meetings of experts        
c) Information and 
publications        
Subtotal 2        
TOTAL         
 
EN 80   EN 6.2. Calculation of costs by measure en visaged in Part B (over the entire 
programming period)47 
Commitments (in € million to three decimal places) 
Breakdown  Type  
of outputs 
(projects, files ) Number of 
outputs 
(total for years 
1…n)  Average unit 
cost Total cost 
(total for years 
1…n)  
 
 1 2 3 4=(2X3) 
Action 1  
- Measure 1 
- Measure 2   
Action 2  
- Measure 1 
- Measure 2 
- Measure 3 etc. 
  
    
TOTAL COST     
If necessary explain th e method of calculation 
                                                 
47 For further information, see separate explanatory note. 
 
EN 81   EN 7. IMPACT  ON  STAFF  AND  ADMINISTRATIVE  EXPENDITURE   
NOT APPLICABLE 
7.1. Impact on human resources 
Staff to be assigned to management of the 
action using existing and/or additional 
resources Description of tasks deriving from the 
action 
Types of post 
Number of 
permanent posts Number of 
temporary posts Total 
 
Officials or 
temporary staff A 
B 
C     
If necessary, a fuller description of the 
tasks may be annexed. 
Other human resources     
Total     
7.2. Overall financial impact of human resources 
Type of human resources Amount (€) Method of calculation *  
Officials 
Temporary staff  
  
Other human resources 
(specify budget line)   
Total   
The amounts are total expend iture for twelve months. 
 
EN 82   EN 7.3. Other administrative expenditu re deriving from the action 
Budget line 
(number and heading) Amount € Method of calculation 
Overall allocation (Title A7) 
A0701 – Missions 
A07030 – Meetings 
A07031 – Compulsory committees 1 
A07032 – Non-compulsory committees 1 
A07040 – Conferences 
A0705 – Studies and consultations 
Other expenditure (specify)  
  
Information systems (A-5001/A-4300)    
Other expenditure - Part A (specify)   
Total   
The amounts are total expend iture for twelve months. 
1 Specify the type of committee and the group to which it belongs. 
I. Annual total (7.2 + 7.3) 
II. Duration of action III. Total cost of action (I x II) € 
years € 
8. FOLLOW-UP  AND  EVALUATION 
NOT APPLICABLE 
8.1. Follow-up arrangements 
N/A 
8.2. Arrangements and schedule for the planned evaluation 
N/A 
 
EN 83   EN 9. ANTI-FRAUD  MEASURES 
N/A 
Annex Explanation of the calculation of Switzerland’s contribution:
 
The calculation of Switzerland’s contribution is based on the Agreement with Norway 
and Iceland (OJ L 176 of 10.7.1999, p. 36) 
1. Administrative costs: 1.1. Mixed Committee: The Agreement creates a Mixed Committee (Article 3). This Mixed Committee meets in 
form of Council working groups
, where Switzerland will pa rticipate. Thus Switzerland 
has to contribute to administ rative costs of Council Working groups. At the time of the 
integration of the Schengen acquis, these co sts were estimated to be 300 000 000 BEF. 
Therefore, this amount has b een included in the Agreement with Norway and Iceland. 
For Switzerland, in Article 11 (1) of the Agr eement, an amount of 8 100 000 € has been 
included. This corresponds to the amount  of 300 000 000 BEF in the Norway/Iceland 
Agreement, converted into €, adapted to the inflation between 1999 and 2003 and finally 
rounded. 
The calculation of the percentage of 7,286 fo r Switzerland has been  negotiated and is 
based on the GDP of Switzerla nd, Norway and Iceland in 2001 and the percentages of 
Norway and Iceland in their Agreement. 
As this financial contribution of Switzerland concern costs related to the functioning of 
Council Working groups, the General Secretaria t of the Council will  be responsible for 
the recovery of this financial contribution. 
1.2. Other administrative costs:  Although Switzerland will participate in Comm ittees assisting the Commission in the 
exercise of its executive powers, representa tives of Switzerland will not be reimbursed 
for their travel costs and will not r eceive a daily subsistence allowance. 
There are currently no other administrative  costs linked to the implementation of the 
Agreement. 
2. Costs related to the functioning of Schengen: According to Article 11 (2), Switzerland has to contribute to the costs of the Schengen 
Information System II (SIS II) from the budgetary year 2002 onwards according to its GDP. Therefore, as the Agreement will probab ly enter into force in 2005, the amount 
indicated in the financial statement for 2005 concerns Switzerland’s contribution for the 
budgetary years 2002-2005. 
 
EN 84   EN According to Article 11 (3), Switzerland has to contribute to other costs related to 
Schengen also according to its GDP. Currently, other costs related to Schengen concern the Visa Information System (VIS) and the External Border Agency. For the VIS, the 
amount of 2005 includes the necessary contri bution for 2004. For the External Border 
Agency, the first budgetary year will be 2005. 
The calculation of Switzerland ’s contribution for the budge tary years 2002 and 2003 are 
based on the consumption of payment appropr iations for the corresponding budget lines.  
For the year 2004, the calculation is based on  commitment appropria tions as set out in 
the budget.  
For 2005, the calculation is based on PDB fi gures (commitment appropriations). The 
figures for 2006 are based on existing financial programming (commitment 
appropriations). 
Switzerland’s prorata of GDP is calculate d on the basis of Eurostat GDP figures. 
 
EN 85   EN LEGISLATIVE FINANCIAL STATEMENT  
Policy area(s): Area of freedom, security and justice 
Activity: Policy Strategy and Coordination 
 
TITLE OF ACTION : AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND SWITZERLAND 
CONCERNING THE CRITERIA AND MECHANISMS FOR ESTABLISHING THE STATE 
RESPONSIBLE FOR EXAMINING A REQUEST FOR ASYLUM LOGED IN A MEMBER STATE 
OR IN SWITZERLAND  
1. BUDGET  LINE(S)  + HEADING(S) 
18.08.04 Eurodac 
2. OVERALL  FIGURES   
2.1. Total allocation for action (Part B): € million for commitment 
2.2. Period of application: 
Start: The Agreement will (probably) enter into force in 2005 (depending on 
ratifications) 
Expiry: The Agreement has no expi ry date, but can be cancelled 
2.3. Overall multiannual esti mate of expenditure: 
NOT APPLICABLE 
(a) Schedule of commitment appropriations /payment appropriations (financial 
intervention) (see point 6.1.1) 
 € million ( to three decimal places) 
 
  
Year 
[n]  
[n+1] 
[n+2]  
[n+3]  
[n+4] [n+5 
and 
subs. 
Years
]  
Total 
C o m m i t m e n t s         
P a y m e n t s         
(b) Technical and administrative a ssistance and support expenditure (see point 6.1.2)  
C o m m i t m e n t s         
P a y m e n t s         
 
EN 86   EN  
Subtotal a+b        
C o m m i t m e n t s         
P a y m e n t s         
(c) Overall financial impact of human  resources and other administrative 
expenditure 
(see points 7.2 and 7.3) 
Commitments/ 
payments        
 
TOTAL a+b+c        
C o m m i t m e n t s         
P a y m e n t s         
2.4. Compatibility with financial progr amming and financial perspective 
 Proposal is compatible with existing financial programming. 
 Proposal will entail reprogramming of the relevant heading in the financial 
perspective. 
 Proposal may require application of th e provisions of the Interinstitutional 
Agreement. 
2.5. Financial impact on revenue:48 
 Proposal has no financial implica tions (involves technical aspects 
regarding implementation of a measure) 
OR 
[x] Proposal has financial impact – th e effect on revenue is as follows 
(indicative): 
                                                 
48 For further information, see separate explanatory note. 
 
EN 87   EN (€ million to one decimal place)  
  Situation following action 
Budget line Revenue Prior to
action 
[Year 
n-1]  [200
5] [200
6] [200
7] [200
8] [200
9] [201
0] 
a) Revenue in absolute terms  1.11 0.11 0.11 0.11 0.11 0.11 18 08 04 
b) Change in revenue  ∆ 1.11 -1.00 - - - - 
3. BUDGET  CHARACTERISTICS 
Type of expenditure 
 New EFTA 
contribution Contributions 
form applicant 
countries Heading in 
financial 
perspective 
Non-comp Diff NO NO NO No 3 
4. LEGAL  BASIS   
Article 63 TCE Agreement between the European Community  and Switzerland concerning the criteria 
and mechanisms for establishing the Stat e responsible for examining a request for 
Asylum lodged in a Member State or in Sw itzerland (article 8 (1) of the Agreement).  
5. DESCRIPTION
 AND  GROUNDS 
not applicable 
5.1. Need for Community intervention49 
5.1.1. Objectives pursued 
N/A 
5.1.2. Measures taken in connection with ex ante  evaluation  
N/A 
5.1.3. Measures taken following ex post  evaluation 
N/A 
                                                 
49 For further information, see separate explanatory note. 
 
EN 88   EN 5.2. Action envisaged and budget intervention arrangements 
N/A 
5.3. Methods of implementation 
N/A 
6. FINANCIAL  IMPACT 
N/A 
6.1. Total financial impact on Part B - (over the entire pr ogramming period) 
(The method of calculating the total amounts se t out in the table belo w must be explained 
by the breakdown in Table 6.2. ) 
6.1.1. Financial intervention 
Commitments (in € million to three decimal places) 
Breakdown [Year 
n] [n+1]  [n+2]  [n+3]  [n+4]  [n+5 
and 
subs. 
Years]  Total 
A c t i o n  1         
A c t i o n  2         
e t c .         
TOTAL        
6.1.2. Technical and administrative assistance,  support expenditure and IT expenditure 
(commitment appropriations) 
 [Year 
n] [n+1]  [n+2]  [n+3]  [n+4]  [n+5 
and 
subs. 
years]  Total 
1) Technical and 
administrative assistance        
a) Technical assistance 
offices       
 
EN 89   EN b) Other technical and 
administrative assistance: 
- intra muros: - extra muros: 
of which for construction 
and maintenance of computerised management 
systems        
Subtotal 1        
2) Support expenditure        
a )  S t u d i e s         
b) Meetings of experts        
c) Information and 
publications        
Subtotal 2        
TOTAL         
6.2. Calculation of costs by measure en visaged in Part B (over the entire 
programming period)50 
(Where there is more than one action, give sufficie nt detail of the specific measures to be 
taken for each one to allow the volume and costs of the outputs to be estimated.) 
                                                 
50 For further information, see separate explanatory note. 
 
EN 90   EN Commitments (in € million to three decimal places) 
Breakdown  Type  
of outputs 
(projects, files ) Number of 
outputs 
(total for years 
1…n)  Average unit 
cost Total cost 
(total for years 
1…n)  
 
 1 2 3 4=(2X3) 
Action 1  
- Measure 1 
- Measure 2   
Action 2  
- Measure 1 
- Measure 2 
- Measure 3 etc. 
  
    
TOTAL COST     
If necessary explain th e method of calculation 
7. IMPACT  ON  STAFF  AND  ADMINISTRATIVE  EXPENDITURE   
N/A 
7.1. Impact on human resources 
Staff to be assigned to management of the 
action using existing and/or additional 
resources Description of tasks deriving from the 
action 
Types of post 
Number of 
permanent posts Number of 
temporary posts Total 
 
Officials or 
temporary staff A 
B 
C     
If necessary, a fuller description of the 
tasks may be annexed. 
Other human resources     
Total     
 
EN 91   EN 7.2. Overall financial impact of human resources 
Type of human resources Amount (€) Method of calculation *  
Officials 
Temporary staff  
  
Other human resources 
(specify budget line)   
Total   
The amounts are total expend iture for twelve months. 
 
EN 92   EN 7.3. Other administrative expenditu re deriving from the action 
Budget line 
(number and heading) Amount € Method of calculation 
Overall allocation (Title A7) 
A0701 – Missions 
A07030 – Meetings 
A07031 – Compulsory committees 1 
A07032 – Non-compulsory committees 1 
A07040 – Conferences 
A0705 – Studies and consultations Other expenditure (specify)  
  
Information systems (A-5001/A-4300)    
Other expenditure - Part A (specify)   
Total   
The amounts are total expend iture for twelve months. 
1 Specify the type of committee and the group to which it belongs. 
I. Annual total (7.2 + 7.3) 
II. Duration of action III. Total cost of action (I x II) € 
years € 
8. FOLLOW-UP  AND  EVALUATION 
N/A 
8.1. Follow-up arrangements 
N/A 
8.2. Arrangements and schedule for the planned evaluation 
N/A 
9. ANTI-FRAUD  MEASURES 
N/A 
 
EN 93   EN Annex  
1.) Explanation of calculatio n of revenue (section 2.5). 
The calculation of Switzerland’s contribution is based on the contri bution of Iceland and 
Norway laid down in the Agreement with Iceland and Norway concerning their association with the Dublin and Eurodac acquis (OJ L 93 of 3.4.2001, p. 38). 
The percentage of 7,286 to be paid by Switzer land has been negotiated with Switzerland 
and is calculated on the basis of the GDP of Switzerland, Norway and Iceland in 2001 
and the percentages provided for Norw ay and Iceland in their Agreement. 
It has been negotiated, that Sw itzerland (like Norway and Icel and) has to contribute to 
the development of the Central Unit of Eu rodac from the budgetary year 2000 onwards. 
Although the Agreement has been initialled in 2004, for reasons due to the history of the 
negotiations, the amount indicated  in Article 8 of the Agreem ent is only the sum of the 
amounts of the budgetary years 2000-2003. But the amount of the budgetary year 2004 is included in the calculation i ndicated in the fina ncial statement of the budgetary year 
2005, which consequently covers Switzerland ’s contribution for the budgetary years 
2000-2005. 
The calculation of Switzerla nd’s contribution for the budgetary years 2000-2004 are 
based on the amounts published in the corresponding budgets. 
The calculation for Switzerland’ s contribution for the budget ary year 2005 is based on 
PDB figures. The figures for 2006 and subs equent years are based on the existing 
financial programming for the year 2006. 
2.) Costs related to meetings  of the Joint Committee:  
For the Community, there are no additional human resources or administrative costs 
involved for the meetings of the Joint Comm ittee created by the Agr eement (Article 3). 
This Joint Committee will meet at the same time as the Joint Committee, which has 
already been created by the Agreement with  Norway and Iceland (OJ L 93 of 2.4.2001, p. 
40). See also the Common Declaration on joint meetings of the Joint Committees attached to the Agreement. 
Thus in practice, although legally there are two Joint Committees, there will be only one 
meeting where Norway, Iceland and Switzer land are present at the same time. 
Travel costs and daily allowances are not  reimbursed for the representatives of 
Switzerland in this Joint Committee.