AGREEMENT
between the European Union, the European Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation, application and development of the Schengen
acquis
THE EUROPEAN UNION,
THE EUROPEAN COMMUNITY,andTHE 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 respect to external border
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 provisions designed to achieve this area of freedom, security and justice insofar as these provisionscreate an area without internal border controls and provide for compensatory measures to ensure a high levelof security;
CONSIDERING the geographical position of the Swiss Confederation;
WHEREAS the participation of the Swiss Confederation in the Schengen acquis and in its further development
will, on the one hand, enable certain obstacles to the free movement of persons resulting from thegeographical position of the Swiss Confederation to be eliminated and, on the other hand, strengthencooperation between the European Union and the Swiss Confederation in the fields covered by the Schengenacquis;
WHEREAS the Agreement concluded on 18 May 1999 by the Council of the European Union and the Republic
of Iceland and the Kingdom of Norway (1) associated the latter two States with the implementation,
application and development of the Schengen acquis;
WHEREAS it is desirable that the Swiss Confederation be associated on an equal footing with Iceland and
Norway in the implementation, application and development of the Schengen acquis;
WHEREAS an agreement should be concluded between the European Union, the European Community and the
Swiss Confederation containing rights and obligations similar to those agreed between the Council of the
European Union, of the one part, and Iceland and Norway, of the other part;
CONVINCED of the need to organise cooperation between the European Union and the Swiss Confederation as
regards the implementation, practical application and further development of the Schengen acquis;
WHEREAS it is necessary, in order to associate the Swiss Confederation with the activities of the European
Union in the fields covered by this Agreement and to enable it to participate in those activities, to set upa committee in accordance with the institutional model established for the association of Iceland and Norway;
WHEREAS Schengen cooperation 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 Rightsand Fundamental Freedoms of 4 November 1950;L 53/52 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
(1) OJ L 176, 10.7.1999, p. 36.
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 ofDenmark annexed by the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishingthe European Community, and whereas the decisions designed to develop the Schengen acquis pursuant to that
Title which Denmark has transposed into its domestic law are only liable to create international-lawobligations between Denmark and the other Member States;
WHEREAS the United Kingdom of Great Britain and Northern Ireland and Ireland participate in certain
provisions of the Schengen acquis, in accordance with the decisions taken pursuant to the Protocol 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 establishing the European Community (1);
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 operation of the Schengen acquis requires that this Agreement be applied simultaneously
with the agreements between the various parties associated with or participating in the implementation anddevelopment of the Schengen acquis governing their mutual relations;
HAVING REGARD TO the Agreement on the association of the Swiss 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 theMember 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 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 referred to as ‘Swit-
zerland’, shall be associated with the activities of the EuropeanCommunity and the European Union in the fields covered by theprovisions referred to in Annexes A and B to this Agreement andtheir further development.
2. This Agreement creates reciprocal rights 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 theEuropean Union, hereinafter referred to as ‘Member States’, shall
be implemented 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, tothe extent that they have replaced and/or developed correspon-ding provisions of, or provisions adopted pursuant to, theConvention signed in Schengen on 19 June 1990 implementing
the Agreement on the gradual abolition of checks at commonborders, hereinafter referred to as the Convention Implementingthe Schengen Agreement, shall be implemented and applied bySwitzerland.
3. The acts and measures taken by the European Union and the
European Community amending or building upon the provisionsreferred to in Annexes A and B, to which the procedures set outin this Agreement have been applied, shall also, withoutprejudice to Article 7, be accepted, implemented and appliedby Switzerland.
Article 3
1. A Mixed Committee is hereby established, consisting of
representatives of the Swiss Government, members of theCouncil of the European Union, hereinafter referred to as the‘Council’, and members of the Commission of the EuropeanCommunities, hereinafter referred to as the ‘Commission’.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/53
(1) OJ L 131, 1.6.2000, p. 43 and OJ L 64, 7.3.2002, p. 20.
2. The Mixed Committee shall adopt its own 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 Committee shall meet at
the level of Ministers, senior officials or experts, as circumstancesrequire.
5. The office of President of the Mixed Committee shall be
held:
— at the level of experts: by the representative of the European
Union,
— at the level of senior officials and Ministers: alternately, for
a period of six months, by the representative of theEuropean Union and by the representative of the SwissGovernment.
Article 4
1. The Mixed Committee shall address, in accordance with this
Agreement, all matters covered by Article 2 and shall ensure thatany concern entertained by Switzerland is duly considered.
2. In the Mixed Committee at ministerial level, the representa-
tives 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 problemsencountered by other delegations,
— to express themselves on any questions concerning the
drawing up of provisions of concern to them or theimplementation thereof.
3. Meetings of the Mixed Committee at ministerial level shall
be prepared by the Mixed Committee at the level of seniorofficials.
4. The representative of the Swiss Government shall have the
right to make suggestions in the Mixed Committee relating to thematters mentioned in Article 1. After discussion, the Commis-sion or any Member State may consider such suggestions witha view to making a proposal or taking an initiative, in accordancewith 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 Mixed Committee shall be
informed about the preparation within the Council of any acts ormeasures 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 fromSwiss experts in the same way as it seeks advice from experts ofthe Member States for drawing up its proposals.
Article 7
1. The adoption of new acts or measures related to the matters
referred to in Article 2 shall be reserved to the competentinstitutions of the European Union. Subject to paragraph 2, suchacts or measures shall enter into force simultaneously for theEuropean Union, the European Community and its MemberStates concerned and for Switzerland, unless those acts ormeasures explicitly state otherwise. In this context, due account
shall be taken of the period of time indicated by Switzerland in
the Mixed Committee as being necessary to enable it to fulfil itsconstitutional requirements.
2. (a) The Council shall notify Switzerland immediately of the
adoption of the acts or measures referred to in paragraph1 to which the procedures set out in this Agreement havebeen applied. Switzerland shall decide whether to accepttheir contents and to implement them in its internal legalorder. This decision shall be notified to the Council and tothe Commission within 30 days of the adoption of the actsor measures concerned.
(b) If the contents of such an act or measure can become
binding on Switzerland only after the fulfilment ofconstitutional requirements, Switzerland shall inform theCouncil and the Commission of this at the time of itsnotification. Switzerland shall promptly inform theCouncil and the Commission in writing upon fulfilmentof all constitutional requirements. Where a referendum isnot required, notification shall take place as soon as thereferendum deadline expires. If a referendum is required,Switzerland shall have a maximum of two years from thedate of the Council's notification within which to make itsnotification. From the date laid down for the entry intoforce of the act or measure for Switzerland and until it hasgiven notification that the constitutional requirementshave been met, Switzerland shall, where possible,implement the act or measure in question on a provisionalbasis.
If Switzerland cannot implement the act or measure at issue on
a provisional basis, and if this causes difficulties that disrupt theoperation of Schengen cooperation, the situation shall beexamined by the Mixed Committee. The European Union andthe European Community may take proportionate, appropriatemeasures against Switzerland to ensure that Schengen coopera-tion operates smoothly.
3. Acceptance by Switzerland of the acts and measures referred
to in paragraph 2 creates rights and obligations betweenSwitzerland, on the one hand, and the European Union, theEuropean Community and the Member States, in so far as theyare bound by these acts and measures, on the other hand.L 53/54 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
4. Where:
(a) Switzerland notifies its decision not to accept the contents
of an act or measure referred to in paragraph 2 and towhich the procedures set out in this Agreement have beenapplied; or
(b) Switzerland does not carry out notification within the
30-day time limit referred to in paragraph 2(a) or parag-raph 5(a); or
(c) Switzerland does not carry out notification after the
referendum deadline has expired or, in the case ofa referendum, within the two-year time limit set out inparagraph 2(b), or does not provide for provisionalimplementation as envisaged in the same subparagraphfrom the date laid down for the entry into force of the actor 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 90 days.
Termination of this Agreement shall take effect three monthsafter the expiry of the 90-day period.
5. (a) If provisions of a new act or measure have the effect of no
longer allowing Member States to subject compliance withrequests for mutual assistance in criminal matters or therecognition of orders from other Member States to searchpremises and/or seize items of evidence to the conditionsset out in Article 51 of the Convention Implementing theSchengen Agreement, Switzerland may notify the Counciland the Commission within the period of 30 days referredto in paragraph 2, point (a) that it will not accept orimplement those provisions in its internal legal orderwhere they apply to search and seizure requests or ordersmade for the purposes of investigating or prosecutingoffences in the field of direct taxation which, if committedin Switzerland, would not be punishable under Swiss lawwith a custodial penalty. In that case this Agreement shallnot be considered terminated, contrary to the provisionsof paragraph 4.
(b) The Mixed Committee shall convene within two months
following a request by one of its members and, taking intoaccount international developments, shall discuss thesituation resulting from notification pursuant to point (a).
Once the Mixed Committee has unanimously reached an
agreement on the full acceptance and implementation bySwitzerland of the relevant provisions of the new act ormeasure, paragraphs 2, point (b), 3 and 4 shall apply. Theinformation referred to in the first sentence of paragraph2, point (b) shall be provided within 30 days of theagreement reached in the Mixed Committee.
Article 8
1. In order to achieve the Contracting Parties' objective of
ensuring the most uniform possible application andinterpretation of the provisions referred to in Article 2, the
Mixed Committee shall keep under constant review develop-ments in the case-law of the Court of Justice of the EuropeanCommunities, hereinafter referred to as the ‘Court of Justice ’, and
in the case-law relating to such provisions of the competentSwiss courts. To that end a mechanism shall be set up to ensureregular mutual transmission of such case-law.
2. Switzerland shall have the right to submit statements of case
or written observations to the Court of Justice in cases wherea court in a Member State has applied to the Court of Justice fora preliminary ruling concerning the interpretation of theprovisions referred to in Article 2.
Article 9
1. Each year Switzerland shall report to the Mixed Committee
on the way in which its administrative authorities and courtshave applied and interpreted the provisions referred to inArticle 2, as interpreted, where relevant, by the Court of Justice.
2. If, within two months of being notified of a substantial
divergence between Court of Justice case-law and that ofSwitzerland's courts or of a substantial divergence between theauthorities of the Member States concerned and the Swissauthorities in their application of the provisions referred to inArticle 2, the Mixed Committee is unable to ensure a uniformapplication and interpretation, the procedure provided for inArticle 10 shall be initiated.
Article 10
1. In the event of a dispute about the application of this
Agreement or where the situation provided for in Article 9(2)occurs, the matter shall be officially entered as a matter of disputeon the agenda of the Mixed Committee, meeting at ministeriallevel.
2. The Mixed Committee shall have 90 days to settle the
dispute, counting from the date of adoption of the agenda onwhich the dispute has been placed.
3. Where the dispute cannot be settled by the Mixed
Committee within the 90-day deadline provided for in paragraph2, this deadline shall be extended by 30 days with a view toreaching a final settlement.
If no final settlement is reached, this Agreement shall be
terminated six months after the expiry of the 30-day period.
Article 11
1. As regards the administrative costs associated with imple-
menting this Agreement, Switzerland shall make an annualcontribution to the general budget of the European Communitiesof 7,286 % of an amount of EUR 8 100 000, subject to annualadjustment to reflect inflation in the European Union.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/55
2. As regards the costs of developing the second generation
Schengen Information System (SIS II), Switzerland shallcontribute to the general budget of the European Communitiesan annual sum for the relevant financial years starting from the2002 financial year, calculated in accordance with its grossdomestic product as a percentage of the gross domestic productof all the participating States.
The contribution for the financial years preceding the entry into
force of this Agreement shall be payable when the Agreemententers into force.
3. In cases where the operating costs associated with
implementing this Agreement are not charged to the generalbudget of the European Communities but are directly payable bythe participating Member States, Switzerland shall contribute tothese costs in accordance with its gross domestic product,calculated as a percentage of the gross domestic product of allthe participating States.
Where the operating costs are charged to the general budget of
the European Community, Switzerland shall share in these costs
by contributing to the said budget an annual sum, calculated inaccordance with its gross domestic product as a percentage ofthe gross domestic product of all the participating States.
4. Switzerland shall have the right to receive documents drawn
up by the Commission or the Council pertaining to thisAgreement and, at meetings of the Mixed Committee, to requestinterpreting into an official language of the institutions of theEuropean Communities of its choosing.
Article 12
1. This Agreement shall not affect in any respect the
agreements concluded between the European Community andSwitzerland, or between the European Community and itsMember States, of the one part, and Switzerland, of the otherpart.
2. This Agreement shall not affect the agreements binding
Switzerland, of the one part, and one or more Member States, ofthe other part, in so far as they are compatible with thisAgreement. If these agreements are incompatible with thisAgreement, the latter shall prevail.
3. This Agreement shall not affect in any respect any future
agreements concluded with Switzerland by the EuropeanCommunity, or between the European Community and itsMember States, of the one part, and Switzerland, of the otherpart, or agreements concluded on the basis of Articles 24 and 38of the Treaty on European Union.
Article 13
1. Switzerland shall conclude an agreement with the Kingdom
of Denmark on the creation of rights and obligations betweenDenmark and Switzerland as regards the provisions of Article 2which come under Title IV of the Treaty establishing theEuropean Community; the Protocol on the position of Denmarkannexed by the Treaty of Amsterdam to the Treaty on European
Union and to the Treaty establishing the European Communityshall therefore apply to these provisions.
2. Switzerland shall conclude an agreement with the Republic
of Iceland and the Kingdom of Norway on the creation ofreciprocal rights and obligations by virtue of those States'participation in the implementation, application and develop-ment of the Schengen acquis.
Article 14
1. This Agreement shall enter into force one month after the
day on which the Secretary General of the Council, in hiscapacity as its depositary, has established that all the formalrequirements have been met as regards the expression of consentby, or on behalf of, the Parties to be bound by this Agreement.
2. Articles 1, 3, 4, 5, 6 and 7(2)(a), first sentence, shall apply
provisionally as of the time of signature of this Agreement.
3. With respect to acts or measures adopted after this
Agreement has been signed but before it enters into force, the30-day period referred to in Article 7(2)(a), last sentence shallstart to run from the day of entry into force of this Agreement.
Article 15
1. The provisions referred to in Annexes A and B and those
already adopted pursuant to Article 2(3) shall be put into effectby Switzerland on a date to be fixed by the Council, acting byunanimity of its Members representing the governments of thoseMember States which apply all the provisions of Annexes A andB, after consulting the Mixed Committee and after havingsatisfied itself that the preconditions for implementation of therelevant provisions have been fulfilled by Switzerland and thatcontrols at its external borders are effective.
The Members of the Council representing the governments of
Ireland and of the United Kingdom of Great Britain andNorthern Ireland shall be involved in taking this decision in sofar as it relates to the provisions of the Schengen acquis and the
acts based on it or related to it in which these Member Statesparticipate.
The Members of the Council representing the governments of
the Member States to which, in accordance with the Treaty ofAccession, only some of the provisions of Annexes A andB apply shall be involved in taking this decision in so far as itrelates to the provisions of the Schengen acquis that are already
applicable to them.
2. Implementation of the provisions referred to in paragraph 1
shall create rights and obligations between Switzerland, of theone part, and, depending on the case, the European Union, theEuropean Community and the Member States, in so far as theyare 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.L 53/56 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
4. Moreover, this Agreement shall be applied only if the
agreement between the European Community and Switzerlandon the criteria and mechanisms for establishing the Stateresponsible for examining a request for asylum lodged in any ofthe 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 the consequences ofaccession, including the creation of rights and obligationsbetween Liechtenstein and Switzerland, and between Liechtens-tein, of the one part, and the European Union, the EuropeanCommunity and its Member States, in so far as they are bound bythe provisions of the Schengen acquis, of the other part.
Article 17
1. This Agreement may be terminated by Switzerland or by
decision of the Council acting by unanimity of its Members. Thedepositary shall be notified of termination, which shall take effect
six months after notification.
2. This Agreement shall be considered to have been terminated
if Switzerland terminates one of the agreements referred to inArticle 13 or the agreement referred to in Article 15(4).
Article 18
1. This Agreement shall be drawn up in duplicate in the Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese,Slovak, Slovenian, Spanish and Swedish languages, each textbeing equally authentic.
2. The Maltese language version shall be authenticated by the
Contracting Parties on the basis of an Exchange of Letters. It shallalso be authentic, in the same way as for the languages referredto in paragraph 1.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/57
Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
V Lucemburku dne dvacátého šestéhoříjna dva tisíce čtyři.
Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendvier.
Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
Fait à Luxembourg, le vingt-six octobre deux mille quatre.
Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.
Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
Gedaan te Luxemburg, de zesentwintigste oktober tweeduizend vier.
Sporządzono w Luksemburgu dnia dwudziestego szóstego października roku dwa tysiące czwartego.
Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.
Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.L 53/58 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā
Europos Sąjungos vardu
az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
På Europeiska unionens vägnar
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Für die Schweizerische Eidgenossenschaft
Pour la Confédération suisse
Per la Confederazione svizzera
27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/59
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 on 19 June 1990. Part 2 refers to the instruments of accession and Part 3 to the relevant Schengen secondarylegislation.
PART 1
The provisions of the Agreement signed in Schengen on 14 June 1985 between the Governments of the States of the
Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual 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 controls on baggage are concerned
Article 10(2)
Article 19(2)Articles 28 to 38 and related definitions
Article 60
Article 70Article 74
Articles 77 to 91 insofar as they are covered by Council Directive 91/477/EEC of 18 June 1991 on control of the
acquisition and possession of weapons
Articles 120 to 125 on the movement of goodsArticles 131 to 133
Article 134
Articles 139 to 142
Final Act: Declaration 2
Final Act: Declarations 4, 5 and 6Minutes
Joint Declaration
Declaration by Ministers and State Secretaries.L 53/60 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
PART 2
The provisions of the Accession Agreements and Protocols to the Schengen Agreement and the Schengen Convention with
the Italian Republic (signed in Paris on 27 November 1990), the Kingdom of Spain and the Portuguese Republic (signed in
Bonn on 25 June 1991), the Hellenic Republic (signed in Madrid on 6 November 1992), the Republic of Austria (signed in
Brussels on 28 April 1995) and the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden (signed inLuxembourg on 19 December 1996), with the exception of:
1. The Protocol, signed in Paris on 27 November 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 Federal Republic ofGermany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on14 June 1985.
2. The following provisions of the Agreement, signed in Paris on 27 November 1990, on accession of the Italian
Republic to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June1985 between the Governments of the Member States of the Benelux Economic Union, the Federal Republic ofGermany and the French Republic on the gradual abolition of checks at common borders, its Final Act and relatedDeclarations:
Article 1Articles 5 and 6
Final Act: Part I
Final Act: Part II, Declarations 2 and 3Declaration 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 the Governments of the Member States of the Benelux Economic Union, the Federal Republic ofGermany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on14 June 1985, as amended by the Protocol on Accession by the Government of the Italian Republic, signed in Paris on27 November 1990, and its accompanying Declarations.
4. The following provisions of the Agreement 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 1985between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germanyand the French Republic on the gradual abolition of checks at common borders, to which the Italian Republic accededunder the Agreement signed in Paris on 27 November 1990, its Final Act and related Declarations:
Article 1Articles 5 and 6Final Act: Part I
Final Act: Part II, Declarations 2 and 3
Final Act: Part III, Declarations 3 and 4Declaration 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 Federal Republic of
Germany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on14 June 1985, as amended by the Protocol on Accession by the Government of the Italian Republic, signed in Paris on27 November 1990, and its accompanying Declarations.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/61
6. The following provisions of the Agreement, 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 1985between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germanyand the French Republic on the gradual abolition of checks at common borders, to which the Italian Republic accededunder the Agreement 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 3Final Act: Part III, Declarations 2, 3, 4 and 5Declaration 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 Federal Republic of
Germany and the French Republic on the gradual abolition of controls at their common borders signed at Schengenon 14 June 1985, as amended by the Protocols on accession by the Government of the Italian Republic, signed inParis on 27 November 1990, and by the Governments of the Kingdom of Spain and the Portuguese Republic, signedin Bonn on 25 June 1991, and its accompanying 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 June1985 between the Governments of the Member States of the Benelux Economic Union, the Federal Republic ofGermany and the French Republic on the gradual abolition of checks at common 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 Act and related Declarations:
Article 1
Articles 6 and 7Final Act: Part I
Final Act: Part II, Declarations 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 Federal Republic ofGermany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on14 June 1985, as amended by the Protocols on accession by the Government of the Italian Republic, the Kingdom ofSpain 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 Agreement 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 Economic Union, the Federal Republic ofGermany and the French Republic on the gradual abolition of checks at common borders, to which acceded the ItalianRepublic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic, under the Agreements signedon 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 IIIL 53/62 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
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 Schengen on 14 June1985 and its related Declaration.
12. The following provisions of the Agreement 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, and its Final Act and related
Declarations:
Article 1Article 7 and 8Final Act: Part IFinal Act: Part II, Declaration 2Final Act: Part IIIDeclaration 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 Schengen on 14 June 1985and its related Declaration.
14. The following provisions of the Agreement signed in Luxembourg on 19 December 1996 on accession of the
Republic of Finland to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradualabolition of checks at common borders, signed at Schengen on 19 June 1990, and its Final Act and relatedDeclaration:
Article 1
Articles 6 and 7Final Act: Part IFinal Act: Part II, Declaration 2Final Act: Part III, except the Declaration on the Åland IslandsDeclaration 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 Schengen on 14 June 1985
and its related Declaration.
16. The following provisions of the Agreement signed in Luxembourg on 19 December 1996 on accession of the
Kingdom of Sweden to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradualabolition of checks at common borders, signed at Schengen on 19 June 1990, and its Final Act and relatedDeclaration:
Article 1Articles 6 and 7
Final Act: Part I
Final Act: Part II, Declaration 2Final Act: Part IIIDeclaration by Ministers and State Secretaries.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/63
PART 3
A. The following Decisions of the Executive Committee:
SCH/Com-ex (93) 10
14.12.1993Confirmation of the Declarations by the Ministers and State Secretaries of
19 June 1992 and 30 June 1993, on entry into force
SCH/Com-ex (93) 14
14.12.1993Improving practical cooperation between the judicial authorities to combat
drug trafficking
SCH/Com-ex (93) 21
14.12.1993Extending the uniform visa
SCH/Com-ex (93) 24
14.12.1993Common procedures for cancelling, rescinding or shortening the length of
validity of the uniform visa
SCH/Com-ex (94) 1 Rev 2
26.4.1994Adjustment measures aiming to remove obstacles and restrictions on traffic
flows at road border crossing points at internal borders
SCH/Com-ex (94) 15 Rev
21.11.1994Introducing a computerised procedure for consulting the central authorities
referred to in Article 17(2) of the implementing convention
SCH/Com-ex (94) 16 Rev
21.11.1994acquisition of common entry and exit stamps
SCH/Com-ex (94) 17 Rev 4
22.12.1994Introducing and applying the Schengen system in airports and aerodromes
SCH/Com-ex (94) 25
22.12.1994Exchanges of statistical information on the issue of uniform visas
SCH/Com-ex (94) 28 Rev
22.12.1994Certificate provided for in Article 75 for the transportation of drugs and/or
psychotropic substances
SCH/Com-ex (94) 29 Rev 2
22.12.1994Entry into force of the Convention implementing the Schengen Agreement
of 19 June 1990
SCH/Com-ex (95) PV 1 Rev
(Point 8)Common visa policy
SCH/Com-ex (95) 20 Rev 2
20.12.1995Approval of document SCH/I (95) 40 Rev 6 concerning the procedure for
implementing Article 2(2) of the Convention
SCH/Com-ex (95) 21
20.12.1995Swift exchange between the Schengen States of statistical and tangible data
on possible malfunctions at the external borders
SCH/Com-ex (96) 13 Rev
27.6.1996Principles for issuing Schengen visas in accordance with Article 30(1)(a) of
the Convention implementing the Schengen Agreement
SCH/Com-ex (97) 39 Rev
15.12.1997Guiding Principles for means of proof and indicative evidence within the
framework of readmission agreements between Schengen States
SCH/Com-ex (98) 1 Rev 2
21.4.1998Report on the activities of the task force
SCH/Com-ex (98) 12
21.4.1998Exchange at local level of statistics on visas
SCH/Com-ex (98) 18 Rev
23.6.1998Measures 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/Com-ex (98) 19
23.6.1998Monaco
VISA –EXTERNAL BORDERS –SIS
SCH/Com-ex (98) 21
23.6.1998Stamping of passports of visa applicants
VISASL 53/64 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
SCH/Com-ex (98) 26 def
16.9.1998Setting-up of the Schengen implementing Convention Standing Committee
SCH/Com-ex (98) 29 Rev
23.6.1998Catch-all clause to cover the whole technical Schengen acquis
SCH/Com-ex (98) 35 Rev 2
16.9.1998Forwarding the Common Manual to EU applicant States
SCH/Com-ex (98) 37 def 2
16.9.1998Action plan to combat illegal immigration
SCH/Com-ex (98) 51 Rev 3
16.12.1998Cross-border police cooperation in the area of crime prevention and
detection
SCH/Com-ex (98) 52
16.12.1998Handbook on cross-border police cooperation
SCH/Com-ex (98) 56
16.12.1998Manual of documents on which a visa may be affixed
SCH/Com-ex (98) 57
16.12.1998Introduction of a harmonised form for invitations, proof of accommoda-
tion, and the acceptance of obligations of maintenance support
SCH/Com-ex (98) 59 Rev
16.12.1998Coordinated deployment of document advisers
SCH/Com-ex (99) 1 Rev 2
28.4.1999Schengen standards in drugs situation
SCH/Com-ex (99) 5
28.4.1999SIRENE Manual update
SCH/Com-ex (99) 6
28.4.1999Telecoms situation
SCH/Com-ex (99) 7 Rev 2
28.4.1999Liaison officers
SCH/Com-ex (99) 8 Rev 2
28.4.1999Payments to informers and infiltrators
SCH/Com-ex (99) 10
28.4.1999Illegal trade in weapons
SCH/Com-ex (99) 13
28.4.1999Adoption of new versions of the Common Manual and the Common
Consular Instructions
SCH/Com-ex (99) 14
28.4.1999Manual of documents on which a visa may be affixed
SCH/Com-ex (99) 18
28.4.1999Improvement of police cooperation with regard to the prevention and
detection of crime
B. The following Declarations of the Executive Committee:
Declaration Subject
SCH/Com-ex (96) Decl 5
18.4.1996Determination of the concept of third-country «alien»
SCH/Com-ex (96) Decl 6 Rev. 2
26.6.1996Declaration on extradition
SCH/Com-ex (97) Decl 13 Rev. 2
21.4.1996Abduction of minors27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/65
C. The following Decisions of the Central Group:
Decision Subject
SCH/C (98) 117
27.10.1998Action plan to combat illegal immigration
SCH/C (99) 25
22.3.1999General principles for the remuneration of informants and infiltratorsL 53/66 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
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, Switzerland will apply therelevant provisions of these instruments only from the date on which the Convention or the 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 February 1993 on the European firearmspass (OJ L 93, 17.4.1993, p. 39) as modified by Commission Recommendation 96/129/EC of 12 January 1996(OJ L 30, 8.2.1996, p. 47);
— Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995,
p. 1) as amended by Council Regulation (EC) No 334/2002 of 18 February 2002 (OJ L 53, 23.2.2002, p. 7);Commission Decision of 7 February 1996 and Commission Decision of 3 June 2002 laying down further technical
specifications for the uniform format for visas (not published);
— Council 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 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 Assistance in Criminal Matters between the Member States of the European Union [provisionsreferred to in Article 2(1) of the Convention] (OJ C 197, 12.7.2000, p. 1);*
— Council Decision 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 2000/645/EC of 17 October 2000 correcting the Schengen acquis as contained in Schengen
Executive Committee SCH/Com-ex (94)15 Rev (OJ L 272, 25.10.2000, p. 24);
— Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in
possession of visas when crossing the external borders and those whose nationals are exempt from that requirement(OJ L 81, 21.3.2001, p. 1) as amended by Council Regulation (EC) No 2414/2001 of 7 December 2001 (OJ L 327,
12.12.2001, p. 1) and by Council Regulation (EC) No 453/2003 of 6 March 2003 (OJ L 69, 13.3.2003, p. 10);
— Council Decision 2001/329/EC of 24 April 2001 updating Part VI and Annexes 3, 6 and 13 of the Common
Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p. 32);
— Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa (OJ L 150,
6.6.2001, p. 4);
— Council Decision 2001/420/EC of 28 May 2001 on the adaptation of Parts V and VI and Annex 13 of the Common
Consular Instructions on Visas and Annex 6a to the Common Manual with regard to long-stay visas validconcurrently 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
country nationals (OJ L 149, 2.6.2001, p. 34) and Council Decision 2004/191/EC of 23 February 2004 setting out
the criteria and practical arrangements for the compensation of the financial imbalances resulting from theapplication of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third countrynationals (OJ L 60, 27.2.2004, p. 55);27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/67
— Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention
implementing 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
Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the EuropeanUnion [provision referred to in Article 15 of the Protocol] (OJ C 326, 21.11.2001, p. 1);*
— Council Regulation (EC) No 2424/2001 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 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen
Information System (SIS II) (OJ L 328, 13.12.2001, p. 1);
— Council Decision 2002/44/EC of 20 December 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 (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued
by Member States to persons holding travel documents not recognised by the Member State drawing up the form(OJ L 53, 23.2.2002, p. 4) and Commission Decision of 12 August 2002 laying down the technical specifications forthe uniform format for affixing the visa issued by Member States to persons holding travel documents not recognisedby the Member State drawing up the form (not published);
— Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual (OJ L 123, 9.5.2002,
p. 47);
— Council Decision 2002/354/EC of 25 April 2002 on the adaptation of Part III of, and the creation of an Annex 16 to,
the Common Consular Instructions (OJ L 123, 9.5.2002, p. 50);
— Council Regulation (EC) No 1030/2002 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 thetechnical specifications for the uniform format for residence permits for third country nationals (not published);
— Council Decision 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 2002/586/EC of 12 July 2002 on the amendment of Part VI of the Common Consular Instructions
(OJ L 187, 16.7.2002, p. 48);
— Council Decision 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 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to
prevent the facilitation 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 and
residence (OJ L 328, 5.12.2002, p. 17);
— Council Regulation (EC) No 415/2003 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 the
European Union (OJ C 78, 30.3.1995, p. 2) and of the 1996 Convention relating to extradition between the MemberStates of the European Union (OJ C 313, 23.10.1996, p. 12) referred to in Council Decision 2003/169/JHA of27 February 2003 determining which provisions of the 1995 Convention on simplified extradition procedure
between the Member States of the European Union and of the 1996 Convention relating to extradition between the
Member States of the European Union constitute developments of the Schengen acquis in accordance with the
Agreement concerning the Republic of Iceland's and the Kingdom of Norway's association with the implementation,application and development of the Schengen acquis (OJ L 67, 12.3.2003, p. 25);*
— Council Decision 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);L 53/68 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
— Council Regulation (EC) No 693/2003 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 CommonManual (OJ L 99, 17.4.2003, p. 8);
— Council Regulation (EC) No 694/2003 of 14 April 2003 on uniform formats for Facilitated Transit Documents (FTD)
and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003,p. 15);
— Council Decision No 2003/454 of 13 June 2003 amending Annex 12 of the Common Consular Instructions and
Annex 14a of the Common Manual on visa fees (OJ L 152, 20.6.2003, p. 82);
— Council Regulation (EC) No 1295/2003 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 part in the 2004 Olympic or Paralympic
Games in Athens (OJ L 183, 22.7.2003, p. 1);
— Council Decision 2003/585/EC of 28 July 2003 amending Annex 2, Schedule A, of the Common Consular
Instructions and Annex 5, Schedule A, of the Common Manual on the visa requirements for holders of Pakistanidiplomatic passports (OJ L 198, 6.8.2003, p. 13);
— Council Decision 2003/586/EC of 28 July 2003 on the amendment of Annex 3, Part I, of the Common Consular
Instructions and Annex 5a, Part I of the Common Manual on third country nationals subject to airport visarequirements (OJ L 198, 6.8.2003, p. 15);
— Council Decision 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 gradual abolition of checks at common
borders (OJ L 260, 11.10.2003, p. 37);
— Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by
air (OJ L 321, 6.12.2003, p. 26);
— Council Decision 2004/14/EC of 22 December 2003 amending the third subparagraph (Basic criteria for examining
applications) of Part V of the Common Consular Instructions (OJ L 5, 9.1.2004, p. 74);
— Council Decision 2004/15/EC of 22 December 2003 amending point 1.2 of Part II of the Common Consular
Instructions and drawing up a new Annex thereto (OJ L 5, 9.1.2004, p. 76);
— Council Decision 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 Manual as regards inclusion of the requirement to be inpossession of travel medial insurance as one of the supporting documents for the grant of a uniform entry visa(OJ L 5, 9.1.2004, p. 79);
— Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers
network (OJ L 64, 2.3.2004, p. 1);
— Council Decision 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 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 (EC) No 871/2004 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 April 2004 on the organisation of joint flights for the removal, from the
territory of two or more Member States, of third-country nationals who are the subjects of individual removal orders(OJ L 261, 6.8.2004, p. 28);27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/69
— 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).L 53/70 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
FINAL ACT
The plenipotentiaries have adopted the joint declarations listed below and annexed to this Final Act:
1. Joint Declaration of the Contracting Parties on parliamentary consultation;
2. Joint Declaration of the Contracting Parties on external relations;3. Joint Declaration of the Contracting Parties on Article 23(7) of the Convention of 29 May 2000 on
Mutual Assistance 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 Switzerland 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 application of the European Convention on Mutual Assistance in
Criminal Matters and the European Convention on Extradition;
4. Declaration of the European Commission 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.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/71
Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
V Lucemburku dne dvacátého šestéhoříjna dva tisíce čtyři.
Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendvier.
Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
Fait à Luxembourg, le vingt-six octobre deux mille quatre.
Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.
Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
Gedaan te Luxemburg, de zesentwintigste oktober tweeduizend vier.
Sporządzono w Luksemburgu dnia dwudziestego szóstego października roku dwa tysiące czwartego.
Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.
Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.L 53/72 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā
Europos Sąjungos vardu
az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
På Europeiska unionens vägnar
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Für die Schweizerische Eidgenossenschaft
Pour la Confédération suisse
Per la Confederazione svizzera
27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/73
JOINT DECLARATIONS OF THE CONTRACTING PARTIES
JOINT DECLARATION OF THE CONTRACTING PARTIES ON PARLIAMENTARY CONSULTATION
The Contracting Parties consider that matters covered by this Agreement should be discussed at the European
Parliament-Switzerland interparliamentary meetings.
JOINT DECLARATION OF THE CONTRACTING PARTIES ON EXTERNAL RELATIONS
The Contracting Parties agree that the European Community undertake to encourage third countries orinternational organisations with which it concludes agreements in areas linked to Schengen cooperation toconclude similar agreements with the Swiss Confederation, without prejudice to the latter's competence toconclude such agreements.
JOINT DECLARATION OF THE CONTRACTING PARTIES ON ARTICLE 23(7) OF THE CONVENTION OF 29 MAY 2000
ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN UNION
The Contracting Parties agree that Switzerland may, subject to the provisions of Article 23(1)(c) of the
Convention on Mutual Assistance in Criminal Matters between Member States of the European Union, in thecircumstances of a particular case, demand, unless the Member State concerned has obtained the consent ofthe data subject, that personal data not be used for the purposes referred to in Article 23(1)(a) and (b) withoutthe prior consent of Switzerland in proceedings in which Switzerland could have refused or restricted thetransmission 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
above provisions, it must give reasons for its decision in writing.L 53/74 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
OTHER DECLARATIONS
DECLARATION BY SWITZERLAND ON MUTUAL 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 down 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 disposal to ensure that the abovementioned stages are
completed as swiftly as possible.
DECLARATION BY SWITZERLAND ON THE APPLICATION OF THE EUROPEAN CONVENTION ON MUTUAL
ASSISTANCE IN CRIMINAL MATTERS AND THE EUROPEAN CONVENTION ON EXTRADITION
Switzerland undertakes to refrain from invoking its reservations and declarations made when ratifying the
European Convention on Extradition of 13 December 1957 and the European Convention on MutualAssistance in Criminal Matters of 20 April 1959 in so far as they are incompatible with this Agreement.
DECLARATION OF THE EUROPEAN COMMISSION ON THE TRANSMISSION OF PROPOSALS
When forwarding proposals relating to this Agreement to the Council of the European Union and to theEuropean Parliament, the Commission shall forward copies of such proposals to Switzerland.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/75
DECLARATION OF THE EUROPEAN COMMISSION 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 Council of 24 October 1995 on the protection of individuals with regard to the processing ofpersonal data, the committees which assist the European Commission in the exercise of its executive powers asregards 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 (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, both instruments that refer tothe development of the second generation Schengen information system (SIS II) (SIS II Committee).L 53/76 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
AGREEMENT
in the form of an Exchange of Letters between the Council of the European Union and the Swiss
federation on the committees that assist the European Commission in the exercise of its executive
powers
A. Letter from the European Community
Sir,The Council refers to the negotiations concerning the Agreement on the association of the
Swiss Confederation 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 thedecision-making process in the fields covered by the Agreement and in order to enhance the smoothoperation of the Agreement, to be fully associated with the work of the committees which assist theEuropean 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 work of thesecommittees, inter alia, in order to ensure that the procedures of the Agreement have been applied to the
acts or measures concerned, so that these may become binding on the Swiss Confederation.
The European Community undertakes to negotiate appropriate arrangements with a view to associating
the Swiss Confederation with the work of these committees.
As regards 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 personal data and on the free movement ofsuch 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 thecommittee established under Article 31 of that Directive, which assists the European Commissionin the exercise of its executive powers. Accordingly, when drawing up its proposals, the EuropeanCommission shall consult the experts from the Swiss Confederation on the same basis as theexperts from the Member States;
— Under the second subparagraph of Article 29(2) of the said Directive, the Swiss Confederation may
appoint a representative of the supervisory authority or of the authorities designated by the SwissConfederation to participate as an observer, without voting rights, in meetings of the group for theprotection of individuals with regard to the processing of personal data. Participation will take placeon the basis of an ad hoc invitation where a specific point concerns the application of the Schengenacquis and exclusively for that point.
I would be obliged if you would confirm that your Government is in agreement with the above.Please accept, Sir, the assurance of my highest consideration.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/77
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
Confederation 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 Agreement and in order to enhance the smooth operation ofthe Agreement, to be fully associated with the work of the committees which assist the EuropeanCommission 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 work of thesecommittees, inter alia, in order to ensure that the procedures of the Agreement have been applied to the
acts or measures concerned, so that these may become binding on the Swiss Confederation.
The European Community undertakes to negotiate appropriate arrangements with a view to associating
the Swiss Confederation with the work of these committees.
As regards 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 personal data and on the free movement ofsuch 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 thecommittee established under Article 31 of that 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 Swiss Confederation on the same basis as theexperts from the Member States;
— Under the second subparagraph of Article 29(2) of the said Directive, the Swiss Confederation may
appoint a representative of the supervisory authority or of the authorities designated by the SwissConfederation to participate as an observer, without voting rights, in meetings of the group for theprotection of individuals with regard to the processing of personal data. Participation will take placeon the basis of an ad hoc invitation where a specific point concerns the application of the Schengenacquis and exclusively for that point.
I would be obliged if you would confirm that your Government is in agreement with the above.’It is my pleasure to inform you that the Federal Council has indicated its agreement to the above
arrangements.
Please accept, Sir, the assurance of my highest consideration.L 53/78 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea 27.2.2008
JOINT DECLARATION ON JOINT MEETINGS OF MIXED COMITTEES
The Delegations representing the Governments of the Member States of the European Union,
The Delegation of the European Commission,The Delegations representing the Governments of the Republic of Iceland and the Kingdom of Norway,The Delegation representing the Government of the Swiss Confederation,— have decided to organise the meetings of the Mixed Committees, established by the Agreement on the
association of Iceland and Norway with the implementation, application and development of theSchengen 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, jointly, no
matter the level of the meeting.
— 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 theAgreement between the European Union, the European Community and the Swiss Confederationconcerning the latter's association with the implementation, application and development of theSchengen 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 alphabetical order of name as of the entry into force of the Agreement between theEuropean Union, the European Community and the Swiss Confederation concerning the latter's asso-ciation with the implementation, application and development of the Schengen acquis.27.2.2008 MT Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea L 53/79