Proposal for a Council Decision on the signature, on behalf of the European Community, of the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
Date: 2004-09-14
Institutions: European Commission
Subjects: EU visa policy, Schengen Agreement, Switzerland, accession to an agreement, admission of aliens, joint body (EU), judicial cooperation, mixed agreement, signature of an agreement

COMMISSION OF THE EUROPEAN 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 European Union, of 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  

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, of 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  

Proposal for a  

COUNCIL DECISION 

on the conclusion on behalf of the European Union of 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  

EN 

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Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community, of 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  

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, of the Agreement between the 
European Community and Switzerland concerning the criteria and mechanisms for 
establishing the State responsible for examining a request for asylum lodged in a 
Member State or in Switzerland 

Proposal for a 

COUNCIL DECISION 

on the conclusion on behalf of the European Community of the Agreement between the 
European Community and Switzerland concerning the criteria and mechanisms for 
establishing the State responsible for examining a request for asylum lodged in a 
Member State or in Switzerland 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Negotiations  between  the  European  Community  and  the  Swiss  Confederation  on  Seven 
Agreements were concluded in June 1999. All those Agreements entered simultaneously into 
force  on  1  June  2002.  Attached  to  the  agreements,  the  Swiss  Confederation  made  a 
declaration  on  migration  and  asylum  policy  declaring  its  intention  to  participate  in  the  EU 
system  for  coordinating  asylum  policies  and  proposing  that  negotiations  be  entered  into  for 
the conclusion of a convention parallel to the Dublin Convention. 

Following the authorization given to the Commission 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  examining  requests  for  asylum  (which  has  been 
adopted subsequently and which will be referred to as “Dublin” Regulation2). Consequently, 
the texts of two separate agreements have been agreed upon.  

According  to  the  negotiating  directives,  the  agreements  follow  the  model  of  the  agreements 
with  Norway  and  Island  -  concerning  the  latter’s  association  with  the  implementation, 
application  and  development  of  the  Schengen  acquis3  and  concerning  the  criteria  and 
mechanisms for establishing the State responsible 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  directives  requested  that  Switzerland  must  accept  the  Schengen 
acquis and its development as well as the Dublin/Eurodac acquis and its development without 
exception  and  derogation.  Furthermore  the  directives  demanded  a  clear  link  between  the 
implementation  and  the  termination  of  the  two  Agreements.  The  negotiating  directives  also 
requested  that  Switzerland  provide  an  annual  contribution  of  to  the  administrative  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 acquis is the derogation granted to Switzerland 
in  respect  ofg  the  acceptance  of  future  acquis  related  to  requests  for  search  and  seizure  in 
respect of offences in the field of direct taxation, 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  Switzerland  in  the  field  of  savings  taxation,  which  in 
turn  was  necessary  for  the  entry  into  force  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 

2 

3 
4 
5 

Council Regulation N° 2725/2000/EC of 11.12.2000 concerning the establishment of “Eurodac” for the 
comparison  of  fingerprints  for  the  effective  application  of  the  Dublin  Convention  (OJ  L  316  of 
15.12.2000, p. 1) 
Council  Regulation  N°  343/2003/EC  of  18.2.2003  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 (OJ L 50 of 25.2.2003, p. 1) 
OJ L 176 of 10.7.1999, p. 36. 
OJ L 93 of 3.4.2001, p. 40. 
O J L 157 of 26.6.2003, p. 38. 

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derogation on 17.5.2004 as part of an overall compromise 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 grant 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  authorities  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 the 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 declaration 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 differences, the Commission proposes to adopt the 
Agreement on the Schengen acquis, by two separate 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/EC8 which parts of the Schengen acquis, covered by the Agreement, fall 
within  the  Community  Treaty  and  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 year period for acceptance and implementation of future acquis 
into its internal legal order in case a referendum is requested. If possible, Switzerland has to 
apply the development of the acquis on a provisional basis. If Switzerland cannot apply the 
content  of  the  development  on  a  provisional  basis,  EU  and  EC  may  take  proportional  and 
necessary  measures  against  Switzerland  in  order  to  ensure  the  efficient  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 Switzerland. In this context, Switzerland explained 

6 
7 

8 

Council document 9544/04 
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) 
OJ L 176 of 10.7.1999, p. 17. 

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that  only  5  %  of  the  measures  developing  the  Schengen  acquis  and  adopted  between  the 
integration of the Schengen acquis in the framework of the European Union in 1999 and today 
could have lead to an eventual referendum. 

Article 7 (5): 

According  to  the  negotiating  directives,  Switzerland  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 request or order for search and seizure 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. 

Article 11: 

The  calculation  of  the  percentage  determining the  annual  contribution of  Switzerland  to  the 
administrative  costs  is  based  on  the  relevant  Norwegian  and  Icelandic  contributions,  in 
relation to the GDP of these three countries. 

Article 13: 

According to Denmark’s special position with regard to acts adopted pursuant to Title IV of 
the  Treaty  establishing  the  European  Community,  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  principle  that  the  Schengen  acquis  can  only  be  implemented  by 
Switzerland after the Council decides that all preconditions 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 Treaty 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 
termination  of 
implementation  and  termination  of  the  agreement  on  the  criteria  and  mechanism  for 
establishing the State responsible for examining a request for asylum. 

the  Schengen  agreement  and 

implementation  and 

the 

Article 16: 

Article  16  allows  Liechtenstein  to  join  the  present  Agreement.  This  provision  avoids  the 
conclusion of a separate Agreement with Liechtenstein and thus the creation of a third Mixed 
Committee once Liechtenstein would be associated with the Schengen acquis. Liechtenstein 
can take part in the present organisational structure. 

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Annexes A and B list the Schengen acquis and its development and will be updated until the 
date of signature. 

Final Act: 

Declaration  2  makes  clear  that  EU/EC  does  not  exercise  external  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  countries  to  conclude 
similar  agreements  with  the  three  associated  countries.  The  declaration  can  only  concern 
Switzerland, but the same commitment is valid for Norway and Iceland, although 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 participation in Committees assisting the Commission in 
the exercise of its executive powers: 

Like  Norway  and  Iceland,  Switzerland  will  also  participate  as  observer  in  the  work  of  the 
Committees assisting the Commission in the exercise of its executive powers. In declaration 2 
annexed  to  the  Agreement  with  Norway  and  Iceland,  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 personal 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  attached  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  association  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 the EU in form of the EEA Agreement.  

Consequently, in order to establish equal rights and obligations, Switzerland’s position must 
be the same as that for Iceland and Norway. Since 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 

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points which are specifically relevant for the application of the Schengen acquis. In addition, 
Switzerland,  like  Iceland  and  Norway,  can  designate  a  representative  to  participate  as 
observer in the “Working Party on the Protection of Individuals with regard to the Processing 
of  Personal  Data”  (Article  29)  concerning  those  points  which  are  specifically  relevant  for 
Schengen. 

Common declaration on joint meetings of the Mixed Committees 

The Agreement with Iceland and Norway as well as the Agreement with Switzerland establish 
a  Mixed  Committee  in  order  to  address  all  Council  items  relevant  for  the  implementation, 
application  and  development  of  the  Schengen  acquis.  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  level  of  senior  officials  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 Article 7 (2) b of the Schengen agreement): 

Switzerland is granted a two years period for acceptance and implementation of future acquis 
into its internal legal order in case a referendum is requested. If possible, Switzerland has to 
apply the development of the acquis on a provisional 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  efficient  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 contributions, in relation to the GDP of these 
three countries.  

Article 11: 

According to Denmark’s special position with regard to acts adopted pursuant to Title IV of 
the  Treaty  establishing  the  European  Community,  Denmark  needs  to  be  associated  via  a 
protocol to the present Agreement in order to create rights and obligations between Denmark 
and Switzerland in relation to the provisions of Dublin/Eurodac. 

In addition, Norway and Iceland need to conclude an agreement with Switzerland in order to 
create  rights  and  obligations  between  all  associated  partners  applying  the  Dublin/Eurodac 
acquis. 

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Article 12: 

According  to  this  article,  some  parts  of  the  Agreement,  e.g.  the  creation  of  the  Joint 
Committee,  are  provisionally  applied  upon  signature.  This  provisional  application  (and  a 
similar provisional application is provided for 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  implementation  and  termination  of  the  Schengen 
agreement. 

Article 15: 

As  for  Schengen,  this  provision  allows  Liechtenstein  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 exercise of its executive powers 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  declaration  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 information purposes. It is nevertheless worth mentioning that for 
Dublin/Eurodac  the  participation  in  Committees  assisting  the  commission  in  its  exercise  of 
executive powers - in accordance with the Iceland 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 well as the Agreement with Switzerland establish 
each  a  Joint  Committee  in  order  to  address  all  items  relevant  for  the  implementation, 
application and development of the Dublin/Eurodac acquis. All parties agree that the meetings 
of these two Joint Committees shall be held jointly. 

In order to prevail 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 Joint Committee, 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. 

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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 Agreement, which, however, do not form part of 
the Agreement: 

Declaration 1 lays down that the General Secretariat 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  requirements  (e.g.  if  a  Member  State  lifted  an 
parliamentary reservation etc). 

Declaration  2  states  that  Council  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  preservice  course,  the  issuance  of  military 
weapons during the military service and the issuance 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  interest  to  develop,  as  far  as  possible,  Switzerland’s  cooperation 
with Eurojust and with the European Judicial Network. 

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Proposal for a  

COUNCIL DECISION 

on the signature, on behalf of the European Union, of 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  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Article 24 and Article 38 
thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Following the authorization given to the Presidency, assisted by the Commission, on 
17  June  2002,  negotiations  with  the  Swiss  Authorities,  regarding  the  association  of 
Switzerland  with  the  implementation,  application  and  development  of  the  Schengen 
Acquis have been concluded; 

Subject to its conclusion at a later date, it is desirable to sign the agreement that was 
initialled on 25 June 2004; 

As far as the development of the Schengen acquis is concerned, which falls under Title 
VI  of  the  Treaty  on  European  Union,  it  is  appropriate  to  make  Council  Decision 
1999/437/EC10  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  association  of  those  two  States  with  the 
implementation, application and development of the Schengen acquis applicable to the 
relations with Switzerland upon signature; 

The United Kingdom is taking part in this Decision, in accordance with Article 5 of 
the  Protocol  integrating  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 Article 8(2) of Council Decision 2000/365/EC of 29 May 
2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  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 framework of the European Union annexed to 
the Treaty on European Union and to the Treaty establishing the European Community 

10 
11 

OJ L 176 of 10.7.1999, p. 31. 
OJ L 131, 1.6.2000, p. 43 

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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  behalf  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  assist  the  Commission  in  the  exercise  of  its 
executive  power,  and  of  the  Common  Declaration  on  joint  meetings  of  the  Mixed 
Committees. 

Article 2 

This decision applies to the fields covered by the provisions listed in Annexes A and B of the 
Agreement  and  to  their  development  to  the  extent  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 
13 

OJ L 64, 7.3.2002, p.20 
OJ L 176 of 10.7.1999, p. 17. 

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Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, of 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  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European 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) 

(2) 

(3) 

(4) 

Following  the  authorization  given  to  the  Commission  on  17  June  2002,  negotiations 
with  the  Swiss  Authorities,  regarding  the  association  of  Switzerland  with  the 
implementation,  application  and  development  of  the  Schengen  Acquis  have  been 
concluded; 

Subject to its conclusion at a later date, it is desirable to sign the agreement that was 
initialled on 25 June 2004; 

As far as the development of the Schengen acquis is concerned, which falls under the 
Treaty  establishing  the  European  Community,  it  is  appropriate  to  make  Council 
Decision 1999/437/EC15 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  association  of  those  two  States  with  the 
implementation, application and development of the Schengen acquis applicable to the 
relations with Switzerland upon signature; 

In accordance with the Protocol integrating 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  Great  Britain  and 
Northern Ireland to take part in some of the provisions of the Schengen acquis16, the 
United Kingdom is not participating in this Decision and is not bound by it or subject 

14 
15 
16 

OJ C , , p. . 
OJ L 176 of 10.7.1999, p. 31. 
OJL 131, 1.6.2000, p. 43 

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(5) 

(6) 

to its application except as concerns the provisions of Articles 26, 27, 75 and 76 of the 
Schengen Convention and measures building upon them; 

In accordance with the Protocol integrating 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 application, except as concerns the provisions of Articles 26, 27, 75 
and 76 of the Schengen Convention and measures building upon them; 

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  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 assist the Commission in the 
exercise  of  its  executive  power,  and  of  the  Common  Declaration  on  joint  meetings  of  the 
Mixed Committees. 

Article 2 

This decision applies to the fields covered by the provisions listed 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/EC18, have been determined to have, a legal base within the Treaty 
establishing the European Community. 

17 
18 

OJ L 64, 7.3.2002, p.20 
OJ L 176 of 10.7.1999, p. 17. 

EN 

13 

   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 Treaty establishing the European Community. 

Done at Brussels,  

For the Council 
The President 

EN 

14 

   EN 

 
 
 
 
 
Proposal for a  

COUNCIL DECISION 

on the conclusion on behalf of the European Union of 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  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Article 24 and Article 38 
thereof, 

Having regard to the recommendation of the Presidency, 

Whereas: 

(1) 

(2) 

Following the authorization given to the Presidency, assisted by the Commission, on 
17  June  2002,  negotiations  with  the  Swiss  Authorities,  regarding  the  association  of 
Switzerland  with  the  implementation,  application  and  development  of  the  Schengen 
Acquis have been concluded; 

According  to  a  Council  Decision  …./…./CE  of  ……2004,  and  subject  to  its 
conclusion at a later date, the Agreement has been signed on behalf of the European 
Community on ….2004; 

(3) 

The Agreement should now be approved; 

(4) 

(5) 

As far as the development of the Schengen acquis is concerned, which falls under Title 
VI  of  the  Treaty  on  European  Union,  it  is  appropriate  to  make  Council  Decision 
1999/437/EC19  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  association  of  those  two  States  with  the 
implementation, application and development of the Schengen acquisapplicable to the 
relations with Switzerland; 

The United Kingdom is taking part in this Decision, in accordance with Article 5 of 
the  Protocol  integrating  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 Article 8(2) of Council Decision 2000/365/EC of 29 May 
2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland to take part in some of the provisions of the Schengen acquis20; 

19 
20 

OJ L 176 of 10.7.1999, p. 31. 
OJL 131, 1.6.2000, p. 43 

EN 

15 

   EN 

 
                                                 
(6) 

Ireland  is  taking  part  in  this  Decision  in  accordance  with  Article  5  of  the  Protocol 
integrating 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  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  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 assist the Commission in the 
exercise  of  its  executive  power,  and  of  the  Common  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 attached to this Decision. 

Article 2 

This decision applies to the fields covered by the provisions listed in Annexes A and B of the 
Agreement  and  to  their  development  to  the  extent  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. 

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 3 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  to 
deposit on behalf of the European Union the Instrument of approval provided for in Article 14 
of the Agreement, in order to express the consent of the European Union to be bound. 

Article 4 

21 
22 

OJ L 64, 7.3.2002, p.20 
OJ L 176 of 10.7.1999, p. 17 

EN 

16 

   EN 

 
                                                 
This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

Article 5 

For the Council 
The President 

EN 

17 

   EN 

 
 
 
 
 
2004/0199(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community, of 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  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European 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 subparagraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission23, 

Having regard the opinion of the European Parliament, 

Whereas: 

(1) 

(2) 

Following  the  authorization  given  to  the  Commission  on  17  June  2002,  negotiations 
with  the  Swiss  Authorities,  regarding  the  association  of  Switzerland  with  the 
implementation,  application  and  development  of  the  Schengen  Acquis  have  been 
concluded; 

According  to  a  Council  Decision  …./…./CE  of  ……2004,  and  subject  to  its 
conclusion at a later date, the Agreement has 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 Schengen acquis is concerned, which falls under the 
Treaty  establishing  the  European  Community,  it  is  appropriate  to  make  Council 
Decision 1999/437/EC24 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  association  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 integrating the Schengen acquis into the framework of 
the  European  Union  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty 

23 
24 

OJ C , , p. . 
OJ L 176 of 10.7.1999, p. 31. 

EN 

18 

   EN 

 
                                                 
establishing the European Community and with Council Decision 2000/365/EC of 29 
May  2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and 
Northern Ireland to take part in some of the provisions 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 provisions of Articles 26, 27, 75 and 76 of the 
Schengen Convention and measures building upon them; 

(6) 

(7) 

In accordance with the Protocol integrating 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 application, except as concerns the provisions of Articles 26, 27, 75 
and 76 of the Schengen Convention and measures building upon them; 

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  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 assist the Commission in the 
exercise  of  its  executive  power,  and  of  the  Common  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 attached to this Decision. 

Article 2 

This decision applies to the fields covered by the provisions listed 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/EC27, have been determined to have, a legal base within the Treaty 
establishing the European Community. 

25 
26 
27 

OJL 131, 1.6.2000, p. 43 
OJ L 064, 7.3.2002, p.20 
OJ L 176 of 10.7.1999, p. 17. 

EN 

19 

   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 Treaty establishing the European Community. 

Article 3 

The President of the Council is hereby authorised to designate the person empowered to 
deposit on behalf of the European Community the Instrument of approval provided for in 
Article 14 of the Agreement, in order to express the consent of the Community to be bound. 

Article 4 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

Article 5 

For the Council 
The President 

EN 

20 

   EN 

 
 
 
 
 
Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, of the Agreement between the 
European Community and Switzerland 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 COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
63  (1)  (a),  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of  Article  300(2) 
thereof, 

Having regard to the proposal from the Commission28, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Following  the  authorization  given  to  the  Commission  on  17  June  2002,  negotiations 
with  the  Swiss  Authorities,  regarding  criteria  and  mechanisms  for  establishing  the 
State responsible for examining a request for asylum lodged in a Member State or in 
Switzerland have been concluded; 

Subject  to  its  conclusion  at  a  later  date,  is  desirable  to  sign  the  agreement  that  was 
initialled on 25 June 2004;  

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and Ireland annexed to the Treaty on European Union and the Treaty establishing the 
European Community, the United Kingdom and Ireland are taking part in the adoption 
and application of this Decision;  

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:  

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 

Sole Article  

28 

OJ C , , p. . 

EN 

21 

   EN 

 
                                                 
Agreement  between  the  European  Community  and  Switzerland  concerning  the  criteria  and 
mechanisms for establishing the State responsible 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 joint meetings of the Joint Committees. 

Done at Brussels,  

For the Council 
The President 

EN 

22 

   EN 

 
 
 
 
 
2004/0200(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion on behalf of the European Community of the Agreement between the 
European Community and Switzerland 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 COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
63  (1)  (a),  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  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) 

(2) 

Following  the  authorization  given  to  the  Commission  on  17  June  2002,  negotiations 
with the Swiss Authorities, regarding the criteria and mechanisms for establishing the 
State responsible for examining a request for asylum lodged in a Member State or in 
Switzerland have been concluded; 

According  to  a  Council  Decision  …./…./CE  of  ……2004,  and  subject  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) 

(5) 

(6) 

It is also necessary to make arrangements for the application of certain provisions of 
the Agreement; 

The Agreement establishes a Joint Committee with decision-making powers in certain 
areas  and  it  is  thus  necessary  to  specify  who  represents  the  Community  within  this 
Committee; 

It  is  further  necessary  to  provide  for  a  procedure  laying  down  how  a  Community 
position is adopted; 

29 

OJ C , , p. . 

EN 

23 

   EN 

 
                                                 
(7) 

(8) 

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom 
and Ireland annexed to the Treaty on European Union and the Treaty establishing the 
European Community, the United Kingdom and Ireland are taking part in the adoption 
and application of this Decision; 

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  Community  and  Switzerland  concerning  the  criteria 
and  mechanisms  for  establishing  the  State  responsible  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  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. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  to 
deposit  on  behalf  of  the  European  Community  the  Instrument  of  approval  provided  for  in 
Article 12 of the Agreement, in order to express the consent of the Community to be bound. 

Article 2 

The Commission shall represent the Community in the Joint Committee established by Article 
3 of the Agreement. 

Article 3 

Article 4 

1. 
The  position  of  the  Community  within  the  Joint  Committee  with  regard  to  the 
adoption of its Rules of Procedure 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. 

For  all  other  Joint  Committee  decisions,  the  position  of  the  Community  shall  be 

2. 
adopted by the Council, acting by qualified majority, on a proposal by the Commission. 

EN 

24 

   EN 

 
This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

Article 5 

For the Council 
The President 

EN 

25 

   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 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 in so far as these provisions create an area without internal 
border controls and provide for compensatory measures to ensure a high level of 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 
the  Swiss 
Confederation to be eliminated and, on the other hand, strengthen cooperation between 
the European Union and the Swiss Confederation in the fields covered by the Schengen 
acquis. 

the  geographical  position  of 

WHEREAS the Agreement concluded on 18 May 1999 by the Council of the European 
Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway30  associated  the  latter 
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. 

30 

OJ L 176, 10.7.1999, p. 35. 

EN 

26 

   EN 

 
                                                 
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 up a 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  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  decisions  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-law  obligations  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.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 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  and  development  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 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 

27 

   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  referred  to  as  "Switzerland”,  shall  be 
associated with the activities of the European 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. 

This Agreement creates reciprocal rights and obligations in accordance with the 

2. 
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 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,  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. 

The  acts  and  measures  taken  by  the  European  Union  and  the  European 
3. 
Community amending or building upon the provisions referred to in Annexes A and B, to 
which  the  procedures  set  out  in  this  Agreement  have  been  applied,  shall  also,  without 
prejudice to Article 7, be accepted, implemented and applied by Switzerland. 

Article 3 

A  Mixed  Committee  is  hereby  established,  consisting  of  representatives  of  the 
1. 
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 own Rules of Procedure by consensus. 

The Mixed Committee shall meet at the initiative of its President or at the request 

3. 
of any of its members. 

Subject to Article 4(2), the Mixed Committee shall meet at the level of Ministers, 

4. 
senior officials or experts, as circumstances require. 

EN 

28 

   EN 

 
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  the  European  Union  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. 

In  the  Mixed  Committee  at  ministerial  level,  the  representatives  of  Switzerland 

2. 
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  questions  concerning  the  development  of 
provisions of concern to them or the implementation thereof. 

Meetings  of  the  Mixed  Committee  at  ministerial  level  shall  be  prepared  by  the 

3. 
Mixed Committee at the level of senior officials. 

4. 
The  representative  of  the  Swiss  Government  shall  have  the  right  to  make 
suggestions in the Mixed Committee relating to the matters mentioned in Article 1. After 
discussion, the Commission or any Member State may consider such suggestions with a 
view  to  making  a  proposal  or  taking  an  initiative,  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  Mixed  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. 

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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  and  its  Member  States  concerned  and  for 
Switzerland, unless those acts or measures 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 its constitutional requirements. 

2. 
(a) The Council shall notify Switzerland immediately of the adoption of the acts 
or measures referred to in paragraph 1 to which 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 requirements, 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 writing upon fulfilment of all constitutional 
requirements. Where a referendum is not required, notification shall take place as soon as 
the  referendum  deadline  expires.  If  a  referendum  is  required,  Switzerland  shall  have  a 
maximum of two years from the date of the Council's notification within which to make 
its notification. From the date laid down for the 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 measure at issue on a provisional basis, and if 
this  causes  difficulties  that  disrupt  the  operation  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  Switzerland,  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  decision  not  to  accept  the  contents  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 within the thirty-day time limit referred to 
in paragraph 2(a) or paragraph 5(a); or 

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(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  implementation  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  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  measure  have  the  effect  of  no  longer  allowing 
Member  States  to  subject  compliance  with  requests  for  mutual  assistance  in  criminal 
matters or the recognition of orders from other Member States to search 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 referred 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 terminated, contrary to the provisions of paragraph 4. 

(b) The Mixed Committee shall convene within two months following a request by one 
of  its  members  and,  taking  into  account  international  developments,  shall  discuss  the 
situation resulting from notification 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)  shall  be  provided  within  thirty  days  of  the 
agreement reached in the Mixed Committee. 

Article 8 

1. 
In  order  to  achieve  the  Contracting  Parties’  objective  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-law 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  the  right  to  submit  statements  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. 

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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 divergence between Court 
of  Justice  case-law  and  that  of  Switzerland's  courts  or  of  a  substantial  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 interpretation, the procedure provided for in Article 10 
shall be initiated. 

Article 10 

In  the  event  of  a  dispute  about  the  application  of  this  Agreement  or  where  the 
1. 
situation  provided  for  in  Article 9(2)  occurs,  the  matter  shall  be  officially  entered  as  a 
matter of dispute on the agenda of the Mixed Committee, meeting at ministerial level. 

The Mixed Committee shall have ninety days to settle the dispute, counting from 

2. 
the date of adoption of the agenda on which the dispute has been placed. 

3. 
Where  the  dispute  cannot  be  settled  by  the  Mixed  Committee  within  the 
ninety-day deadline provided for in paragraph 2, this deadline shall be extended by thirty 
days with a view to reaching a final settlement. 

If no final settlement is reached, this Agreement shall be terminated six months after the 
expiry of the thirty-day period. 

Article 11 

1. 
As regards the administrative costs associated with implementing this Agreement, 
Switzerland  shall  make  an  annual  contribution  to  the  general  budget  of  the  European 
Communities of 7.286% of an amount of EUR 8 100 000, subject to annual adjustment to 
reflect inflation in the European Union. 

2. 
As regards the costs of developing the second generation Schengen Information 
System  (SIS II),  Switzerland  shall  contribute  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 product 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 associated 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 contribute to these costs in 

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accordance  with  its  gross  domestic  product,  calculated  as  a  percentage  of  the  gross 
domestic product of all the 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  in  accordance  with  its  gross  domestic  product  as  a  percentage  of  the  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 this Agreement and, at meetings of the Mixed 
Committee,  to  request  interpreting  into  an  official  language  of  the  institutions  of  the 
European Communities of its choosing.  

Article 12 

This Agreement shall not affect in any respect the agreements concluded between 
1. 
the European Community and Switzerland, or between the European Community and its 
Member States, of the one part, and Switzerland, of the other part. 

This  Agreement  shall  not  affect  the  agreements  binding  Switzerland,  of  the  one 
2. 
part, and one or more Member States, of the other 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 Community, or between the European Community and 
its  Member  States,  of  the  one  part,  and  Switzerland,  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  conclude  an  agreement  with  the  Kingdom  of  Denmark  on  the 
creation  of  rights  and  obligations  between  Denmark  and  Switzerland  as  regards  the 
provisions  of  Article 2  which  come  under  Title  IV  of  the  Treaty  establishing  the 
European Community; 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 shall therefore apply to these provisions.  

Switzerland  shall  conclude  an  agreement  with  the  Republic  of  Iceland  and  the 
2. 
Kingdom  of  Norway  on  the  creation  of  reciprocal  rights  and  obligations  by  virtue  of 
those  states’  participation  in  the  implementation,  application  and  development  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 his capacity as its depositary, has established 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. 

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33 

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Articles 1, 3, 4, 5, 6 and 7(2)(a), first sentence, shall apply provisionally as of the 

2. 
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,  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  Annexes  A  and  B  and  those  already  adopted 
pursuant to Article 2(3) shall be put into effect by Switzerland on a date to be fixed by 
the Council, acting by unanimity of its Members 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 
the  preconditions  for 
implementation  of  the  relevant  provisions  have  been  fulfilled  by  Switzerland  and  that 
controls at its external borders are effective. 

itself 

that 

The Members of the Council representing the governments of Ireland and of the United 
Kingdom of Great Britain and Northern Ireland shall be involved 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 applicable to them. 

2. 
Implementation of the provisions referred to in paragraph 1 shall create rights and 
obligations  between  Switzerland,  of  the  one  part,  and,  depending  on  the  case,  the 
European Union, the European Community and the Member States, in so far as they are 
bound by these provisions, of the other part.  

This Agreement shall be applied only if the agreements referred to in Article 13 

3. 
are also implemented. 

4. 
Moreover,  this  Agreement  shall  be  applied  only  if  the  agreement  between  the 
European  Community  and  Switzerland  on  the  criteria  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. 

1. 

Liechtenstein may accede to this Agreement. 

Article 16 

The  accession  of  Liechtenstein  shall  be  the  subject  of  a  protocol  to  this 
2. 
Agreement setting out all the consequences of accession, including 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. 

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Article 17 

This Agreement may be terminated by Switzerland or by decision of the Council acting 
by unanimity of its Members. The depositary shall be notified of termination, which shall 
take effect six months after notification. 

Article 18 

This  Agreement  shall  be  considered  to  have  been  terminated  if  Switzerland  terminates 
one  of  the  agreements  referred  to  in  Article 13  or  the  agreement  referred  to  in 
Article 15(4). 

Done  at…  on…  in  the  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French, 
German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish,  Portuguese,  Slovak, 
Slovenian, Spanish and Swedish languages, each text being equally authentic. 

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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 the 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  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 70 

Article 74 

Articles  77  to  91  in  so  far  as  they  are  covered  by  Council  Directive  91/477/EEC  on 
control of the acquisition 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 

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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 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  in  Luxembourg  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  of  Germany  and  the  French 
Republic on the  gradual  abolition  of checks  at common  borders  signed at Schengen on 
14 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 June 1985 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, 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 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  on  14 June 
1985,  as  amended  by  the  Protocol  on  Accession  by  the  Government  of  the  Italian 
Republic, signed in Paris on 27 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 1985 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, to which 
the Italian Republic acceded under the Agreement signed in Paris on 27 November 1990, 
its Final Act and related declarations: 

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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  Federal  Republic  of  Germany  and  the  French 
Republic on the  gradual  abolition  of checks  at common  borders  signed at Schengen on 
14 June 1985, as amended by the Protocol on Accession by the Government of the Italian 
Republic, signed in Paris on 27 November 1990, and its accompanying declarations. 

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 1985 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, to which 
the Italian Republic acceded under 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 3 

Final Act: Part III, declarations 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 Federal Republic of Germany and the French 
Republic  on  the  gradual  abolition  of  controls  at  their  common  borders  signed  at 
Schengen  on  14 June  1985,  as  amended  by  the  Protocols  on  accession  by  the 
Government  of  the  Italian  Republic,  signed  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 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 June 1985 between the Governments 

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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, 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 7 

Final 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 of Germany and the French 
Republic on the  gradual  abolition  of checks  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 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 of Germany 
and the French Republic on the gradual abolition of checks at common 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  Schengen  on  14 June  1985  and  its  related 
declaration. 

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39 

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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 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  Schengen  on  14 June  1985  and  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  gradual  abolition  of  checks  at  common 
borders, signed at Schengen on 19 June 1990, and its Final Act and related declaration: 

Article 1 

Articles 6 and 7 

Final Act: Part I 

Final Act: Part II, declaration 2 

Final Act: Part III, except the 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  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  gradual  abolition  of  checks  at  common 
borders, signed at Schengen on 19 June 1990, and its Final Act and related declaration: 

Article 1 

Articles 6 and 7 

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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: 

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SCH/COM-EX (93) 14 

14.12.1993 

IMPROVING  PRACTICAL  COOPERATION  BETWEEN 
THE  JUDICIAL  AUTHORITIES  TO  COMBAT  DRUG 
TRAFFICKING 

SCH/COM-EX (93) 21 

EXTENDING THE UNIFORM VISA 

14.12.1993 

SCH/COM-EX (93) 24 

14.12.1993 

SCH/COM-EX  (94)  1 
REV 2 

26.4.1994 

SCH/COM-EX  (94)  15 
REV 

21.11.1994 

PROCEDURES 

CANCELLING, 
COMMON 
RESCINDING  OR  SHORTENING  THE  LENGTH  OF 
VALIDITY OF THE UNIFORM VISA 

FOR 

ADJUSTMENT  MEASURES  AIMING  TO  REMOVE 
OBSTACLES AND RESTRICTIONS ON TRAFFIC FLOWS 
AT  ROAD  BORDER  CROSSING  POINTS  AT  INTERNAL 
BORDERS 

INTRODUCING  A  COMPUTERISED  PROCEDURE  FOR 
CONSULTING 
AUTHORITIES 
IN  ARTICLE 17(2)  OF  THE 
REFERRED  TO 
IMPLEMENTING CONVENTION 

CENTRAL 

THE 

SCH/COM-EX  (94)  16 
REV 

ACQUISITION  OF  COMMON  ENTRY  AND  EXIT 
STAMPS 

21.11.1994 

SCH/COM-EX  (94)  17 
REV 4 

INTRODUCING  AND  APPLYING  THE  SCHENGEN 
SYSTEM IN AIRPORTS AND AERODROMES 

22.12.1994 

SCH/COM-EX (94) 25 

22.12.1994 

SCH/COM-EX  (94)  28 
REV 

22.12.1994 

SCH/COM-EX  (94)  29 
REV 2 

22.12.1994 

SCH/COM-EX (95) PV 
1 REV 

(POINT 8) 

EXCHANGES  OF  STATISTICAL  INFORMATION  ON 
THE ISSUE OF UNIFORM VISAS 

CERTIFICATE  PROVIDED  FOR  IN  ARTICLE 75  FOR 
THE  TRANSPORTATION  OF  DRUGS  AND/OR 
PSYCHOTROPIC SUBSTANCES 

ENTRY 
INTO  FORCE  OF  THE  CONVENTION 
IMPLEMENTING  THE  SCHENGEN  AGREEMENT  OF 
19 JUNE 1990 

COMMON VISA POLICY 

EN 

42 

   EN 

 
SCH/COM-EX  (95)  20 
REV 2 

20.12.1995 

SCH/COM-EX (95) 21 

20.12.1995 

APPROVAL  OF  DOCUMENT  SCH/I  (95)  40  REV.  6 
CONCERNING THE PROCEDURE FOR IMPLEMENTING 
ARTICLE 2(2) OF THE CONVENTION 

SWIFT  EXCHANGE  BETWEEN  THE  SCHENGEN 
STATES  OF  STATISTICAL  AND  TANGIBLE  DATA  ON 
POSSIBLE  MALFUNCTIONS  AT  THE  EXTERNAL 
BORDERS 

SCH/COM-EX  (96)  13 
REV 

27.6.1996 

PRINCIPLES  FOR  ISSUING  SCHENGEN  VISAS  IN 
ACCORDANCE  WITH  ARTICLE 30(1)(A)  OF  THE 
IMPLEMENTING  THE  SCHENGEN 
CONVENTION 
AGREEMENT 

SCH/COM-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/COM-EX (98) 1 REV 2 

REPORT ON THE ACTIVITIES OF THE TASK FORCE 

21.4.1998 

SCH/COM-EX (98) 12 

EXCHANGE AT LOCAL LEVEL OF STATISTICS ON VISAS 

21.4.1998 

SCH/COM-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/COM-EX (98) 19 

MONACO 

23.6.1998 

VISA – EXTERNAL BORDERS – SIS 

SCH/COM-EX (98) 21 

STAMPING OF PASSPORTS OF VISA APPLICANTS 

23.6.1998 

VISAS 

SCH/COM-EX (98) 26 DEF 

16.9.1998 

SCH/COM-EX (98) 29 REV 

23.6.1998 

SETTING-UP  OF  THE  SCHENGEN 
CONVENTION STANDING COMMITTEE 

IMPLEMENTING 

CATCH-ALL CLAUSE TO COVER THE WHOLE TECHNICAL 
SCHENGEN ACQUIS 

EN 

43 

   EN 

 
SCH/COM-EX  (98)  35  REV 
2 

FORWARDING  THE  COMMON  MANUAL  TO  EU 
APPLICANT STATES 

16.9.1998 

SCH/COM-EX  (98)  37  DEF 
2 

16.9.1998 

ACTION PLAN TO COMBAT ILLEGAL IMMIGRATION 

SCH/COM-EX  (98)  51  REV 
3 

CROSS-BORDER  POLICE  COOPERATION  IN  THE  AREA  OF 
CRIME PREVENTION AND DETECTION 

16.12.1998 

SCH/COM-EX (98) 52 

HANDBOOK ON CROSS-BORDER POLICE COOPERATION 

16.12.1998 

SCH/COM-EX (98) 56 

16.12.1998 

SCH/COM-EX (98) 57 

16.12.1998 

MANUAL  OF  DOCUMENTS  ON  WHICH  A  VISA  MAY  BE 
AFFIXED 

INTRODUCTION  OF  A  HARMONISED  FORM  FOR 
INVITATIONS,  PROOF  OF  ACCOMMODATION,  AND  THE 
ACCEPTANCE  OF  OBLIGATIONS  OF  MAINTENANCE 
SUPPORT 

SCH/COM-EX (98) 59 REV 

COORDINATED DEPLOYMENT OF DOCUMENT ADVISERS 

16.12.1998 

SCH/COM-EX (99) 1 REV 2 

DRUGS SITUATION 

28.4.1999 

SCH/COM-EX (99) 5 

SIRENE MANUAL 

28.4.1999 

SCH/COM-EX (99) 6 

TELECOMS SITUATION 

28.4.1999 

SCH/COM-EX (99) 7 REV 2 

LIAISON OFFICERS 

28.4.1999 

SCH/COM-EX (99) 8 REV 2 

PAYMENTS TO INFORMERS AND INFILTRATORS 

28.4.1999 

EN 

44 

   EN 

 
SCH/COM-EX (99) 10 

ILLEGAL TRADE IN WEAPONS 

28.4.1999 

SCH/COM-EX (99) 13 

28.4.1999 

SCH/COM-EX (99) 14 

28.4.1999 

SCH/COM-EX (99) 18 

28.4.1999 

WITHDRAWAL  OF  OLD  VERSIONS  AND  ADOPTION  OF 
NEW  VERSIONS  OF  THE  COMMON  MANUAL  AND  THE 
COMMON CONSULAR INSTRUCTIONS 

MANUAL  OF  DOCUMENTS  ON  WHICH  A  VISA  MAY  BE 
AFFIXED 

IMPROVEMENT 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 5 

DETERMINATION  OF  THE  CONCEPT  OF  THIRD-
COUNTRY “ALIEN” 

18.4.1996 

SCH/COM-EX (96) DECL 5 6 
REV. 2 

DECLARATION ON EXTRADITION 

26.6.1996 

SCH/COM-EX  (97)  DECL  5 
13 REV. 2 

ABDUCTION OF MINORS 

21.4.1996 

C. The following Decisions of the Central Group: 

DECISION 

SUBJECT 

SCH/C (98) 117 

ACTION PLAN TO COMBAT ILLEGAL IMMIGRATION 

27.10.1998 

SCH/C (99) 25 

22.3.1999 

GENERAL  PRINCIPLES  FOR  THE  REMUNERATION  OF 
INFORMANTS AND INFILTRATORS 

EN 

45 

   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, Switzerland will apply the relevant 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  firearms 
pass (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  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  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 [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 Executive 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  nationals  are  exempt  from  that  requirement 
(OJ L 81, 21.3.2001, p. 1) as amended by Council Regulation No 2414/2001/EC 

EN 

46 

   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  Consular  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 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 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 country nationals (OJ 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  application  of  Directive  2001/40/EC  on  the 
mutual recognition of decisions on the expulsion 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 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  European 
Union  [provision  referred  to  in  Article 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  Information  System  (SIS  II)  (OJ  L  328, 
13.12.2001, p. 1); 

Council Decision No 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 No 333/2002/EC 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, 
23.02.2002, p. 4) and Commission Decision of 12 August 2002 laying down the 
technical  specifications  for  the  uniform  format  for  affixing  the  visa  issued  by 

EN 

47 

   EN 

 
– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Member  States  to  persons  holding  travel  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 April 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  for  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 Instructions (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 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 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 the 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 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);* 

EN 

48 

   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  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/EC 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  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 part 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 Instructions and Annex 5, Schedule A, of 
the  Common  Manual  on  the  visa  requirements  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  Instructions  and  Annex  5a,  Part  I  of  the 
Common Manual on third country 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  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  No 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 No 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 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 

49 

   EN 

 
Manual  as  regards  inclusion  of  the  requirement  to  be  in  possession  of  travel 
medial insurance as one of the supporting 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 February 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  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) 

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 instruments developing the Schengen acquis until 
the date of signature] 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

EN 

50 

   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 declarations listed below and annexed to this 
Final Act: 

1. 

2. 

3. 

Common Declaration of the Contracting Parties on parliamentary consultation; 

Common Declaration of the Contracting Parties on external relations; 

Common  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. 

2. 

3. 

4. 

5. 

Declaration by Switzerland on mutual assistance in criminal matters; 

Declaration  by  Switzerland  on  Article 7(2)(b)  (time  limit  for  accepting  new 
developments in the Schengen acquis); 

Declaration  by  Switzerland  on  the  application  of  the  European  Convention  on 
Mutual  Assistance  in  Criminal  Matters  and  the  European  Convention  on 
Extradition; 

Declaration of the European Commission on the transmission of proposals; 

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 

51 

   EN 

 
Common Declaration of the Contracting Parties 

Common 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. 

Common Declaration of the Contracting Parties on external relations 

The  Contracting  Parties  agree  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 prejudice to the latter’s competence to conclude such agreements. 

Common 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 the circumstances of a particular case, demand, 
unless  the  Member  State  concerned  has  obtained  the  consent  of  the  data  subject,  that 
personal data not be used for the purposes referred to in Article 23(1)(a) and (b) without 
the prior consent of Switzerland in proceedings 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 above provisions, it must give reasons for its decision in 
writing. 

EN 

52 

   EN 

 
 
 
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 
above-mentioned 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 Mutual Assistance 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  the  European  Parliament,  the  Commission  shall  forward  copies  of  such 
proposals to Switzerland. 

EN 

53 

   EN 

 
 
 
 
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 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  visas33  (“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 
33 

34 

OJ L 281, 23.11.1995, p. 31. 
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). 
OJ L 328, 13.12.2001, p. 1 and 4. 

EN 

54 

   EN 

 
                                                 
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 Community 

Sir, 

The  Council  refers  to  the  negotiations  concerning  the  Agreement  concerning  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  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  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  these  committees,  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 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 
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 the experts from the Member States; 

the  exercise  of 

in 

Under the second subparagraph of Article 29(2) of the Directive, the Swiss 
Confederation may appoint a representative of the supervisory authority or 
of the authorities designated by the Swiss Confederation to participate as 
an  observer,  without  voting  rights,  in  meetings  of  the  group  for  the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data. 
Participation will take place on the basis of an ad hoc invitation where a 
specific  point  concerns  the  application  of  the  Schengen  acquis  and 
exclusively for that point. 

EN 

55 

   EN 

 
Could you please confirm that your Government agrees to these arrangements?  

Yours faithfully, 

EN 

56 

   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 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 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  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  these  committees,  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 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 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 
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 the experts from the Member States; 

the  exercise  of 

in 

Under the second subparagraph of Article 29(2) of the Directive, the Swiss 
Confederation may appoint a representative of the supervisory authority or 
of the authorities designated by the Swiss Confederation to participate as 
an  observer,  without  voting  rights,  in  meetings  of  the  group  for  the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data. 
Participation will take place on the basis 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 Government agrees to these arrangements?” 

EN 

57 

   EN 

 
It is my pleasure to inform you that the Federal Council has indicated its agreement to the 
above arrangements. 

Yours faithfully, 

EN 

58 

   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  governments  of  the  Republic  of  Iceland  and  the 
Kingdom of Norway, 

The delegation representing the government 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, jointly, no matter the level of the meeting. 

Note  that  holding  these  meetings  jointly  calls  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 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 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 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. 

Done at 

on 

EN 

59 

   EN 

 
AGREED MINUTES 

of  the  negotiations  on  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 

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  Communities  with  a  view  to  keeping  Switzerland 
informed  of  progress  in  procedures  for  adopting  the  relevant  European  Union  acts  and 
measures  so  that  Switzerland  can  launch  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 possession 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  allocating  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 possibility of Swiss cooperation with the work of 
Eurojust and, if possible, the European Judicial Network. 

Done at... on... 

EN 

60 

   EN 

 
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 EUROPEAN COMMUNITY 

and 

THE SWISS CONFEDERATION, 

hereinafter referred to as the “Contracting Parties”, 

WHEREAS  the  Council  of  the  European  Union  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  national35  (hereinafter  referred  to  as  the 
“Dublin Regulation”), which replaced the Convention determining the State responsible 
for  examining  applications  for  asylum  lodged  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 the Commission of  the European  Communities 
has  adopted  Commission  Regulation  (EC)  No 1560/2003  of  2 September  2003  laying 
down  detailed  rules  for  the  application  of  Council  Regulation  (EC)  No 343/2003 
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,37 hereinafter referred to as the “Dublin implementing Regulation”. 

WHEREAS  the  Council  of  the  European  Union  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 responsible for examining an asylum 
application  in  accordance  with  the  Dublin  Convention38  (hereinafter  referred  to  as  the 
“Eurodac Regulation”) and Council Regulation (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  comparison  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  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  data40  (hereinafter  referred  to  as  the 
“protection of personal data Directive”) must be applied by the Swiss Confederation as 

35 
36 
37 
38 
39 
40 

OJ L 50, 25.2.2003, p. 1. 
OJ C 254, 19.8.1997, p.1. 
OJ L 222, 5.9.2003, p. 3. 
OJ L 316, 15.12.2000, p. 1. 
OJ L 62, 5.3.2002, p. 1. 
OJ L 281, 23.11.1995, p. 31. 

EN 

61 

   EN 

 
                                                 
applied  by  the  Member States  of  the  European  Union  when  processing  data  for  the 
purposes of this Agreement. 

CONSIDERING the geographical position of the Swiss Confederation. 

WHEREAS  the  participation  of  the  Swiss  Confederation  in  the  Community  acquis 
covered  by  the  Dublin  and  Eurodac  regulations  (hereinafter  referred  to  as  the 
“Dublin/Eurodac  acquis”)  will  help  to  strengthen  cooperation  between  the  European 
Community and the Swiss Confederation. 

WHEREAS the European Community has concluded an agreement with the Republic of 
Iceland  and  the  Kingdom  of  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 Norway41 based on the Dublin Convention. 

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 
Dublin/Eurodac acquis. 

WHEREAS  an  agreement  should  be  concluded  between  the  European  Community  and 
the  Swiss  Confederation  containing  rights  and  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  between  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  Swiss  Confederation  with  the 
activities  of  the  European  Community  in  the  fields  covered  by  this  Agreement  and  to 
enable it to participate in those activities, to set up a committee in accordance with the 
institutional model established for the association of Iceland and Norway. 

WHEREAS  cooperation  in  the  areas  covered  by  the  Dublin  and  Eurodac  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 

62 

   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  the  agreements  between  the  various  parties 
associated  with  or  participating  in  the  implementation  and  development  of  the 
Dublin/Eurodac acquis governing their mutual relations. 

CONSIDERING  the  association  of  the  Swiss  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 

63 

   EN 

 
Article 1 

1. 

The provisions of the 

–  Dublin Regulation; 

–  Eurodac Regulation; 

–  Eurodac implementing Regulation; and 

–  the Dublin implementing Regulation 

implemented  by 

shall  be 
to  as 
“Switzerland”,  and  applied  in  its  relations  with  the  Member  States  of  the  European 
Union, hereinafter referred to as “the Member States”. 

the  Swiss  Confederation,  hereinafter  referred 

The  Member  States  shall  apply  the  regulations  referred  to  in  paragraph 1  to 

2. 
Switzerland. 

The acts and measures taken by the European Community amending or building 
3. 
upon the provisions referred to in paragraph 1 and the decisions taken in accordance with 
the  procedures  set  out  in  those  provisions  shall  also,  without  prejudice  to  Article 4,  be 
accepted, implemented and applied by Switzerland. 

4. 
The  provisions  of  the  protection  of  personal  data  Directive  as  applicable  to  the 
Member  States  with  regard  to  data  processed  for  the  purposes  of  implementing  and 
applying  the  provisions  referred  to  in  paragraph 1  shall  be  implemented  and  applied, 
mutatis mutandis, by Switzerland. 

For the purposes of paragraphs 1 and 2, references to the “Member States” in the 

5. 
provisions referred to in paragraph 1 shall be deemed to include Switzerland. 

Article 2 

1. 
When  new  legislation  is  drafted  amending  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 preliminary 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 important points in the stage prior to adoption 

EN 

64 

   EN 

 
of  the  legislation  referred  to  in  paragraph 1,  in  a  continuous  process  of  information 
provision and consultation.  

4. 
The Contracting Parties shall work together 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. 

The  Swiss  Government’s  representatives  may  put  forward  suggestions  in  the 

5. 
Mixed Committee as regards the matters 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 drawing up its proposals, the Commission shall 
consult the Swiss experts on the same basis as the experts from the Member States. 

Where  the  matter  is  referred  to  the  Council  in  accordance  with  the  procedure 
7. 
applying  to  the  type  of  committee  in  question,  the  Commission  must  transmit  to  the 
Council the views of the Swiss experts. 

Article 3 

A  Mixed  Committee  shall  be  established  consisting  of  representatives  of  the 

1. 
Contracting Parties. 

2. 

The Mixed Committee shall adopt its own Rules of Procedure by consensus. 

The Mixed Committee shall meet at the initiative of its President or at the request 

3. 
of any of its members. 

The  Mixed  Committee  shall  meet  at  the  appropriate  level,  depending  on  needs, 
4. 
with a view to examining the implementation and practical application 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  referred  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  Committee  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  and  when  acts  or  measures  are  adopted  in 
accordance with the procedures set out in those provisions, those acts or measures shall 
be applied simultaneously by the Member States and Switzerland, except where express 
provisions exist to the contrary.  

EN 

65 

   EN 

 
2. 
The  Commission  shall  notify  Switzerland  without  delay  of  the  adoption  of  the 
acts  or  measures  referred  to  in  paragraph 1.  Switzerland  shall  decide  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 measures can become binding on Switzerland only 
after  the  fulfilment  of  constitutional  requirements,  Switzerland  shall  inform  the 
Commission of this at the time of its notification. Switzerland shall promptly inform the 
Commission  in  writing  upon  fulfilment  of  all  constitutional  requirements.  Where  a 
referendum  is  not  required,  notification  shall  take  place  as  soon  as  the  referendum 
deadline expires. If a referendum is required, Switzerland shall have a maximum of two 
years  from  the  date  of  the  Commission’s  notification  in  which  to  effect  notification. 
From the date laid down for the 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. 

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  decision  not  to  accept  the  contents  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 within 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 implementation 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  the  underlying  causes  of  non-acceptance  or 
non-ratification  within  ninety  days.  After  examining  all  other  options  with  a  view  to 
ensuring that the Agreement continues to operate smoothly, including the possibility of 
noting that the Contracting Parties’ laws and regulations are equivalent, it may decide, on 

EN 

66 

   EN 

 
a unanimous basis, to reinstate this Agreement. If this Agreement is still suspended after 
ninety days, it shall be considered terminated. 

Article 5 

1. 
In  order  to  achieve  the  Contracting  Parties’  objective  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-law relating to such provisions of the competent Swiss courts. 
To that end the Contracting Parties shall ensure the prompt 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 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 divergence between Court 
of  Justice  case-law  and  that  of  Switzerland's  courts  or  of  a  substantial  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 interpretation, the procedure  provided  for  in Article 7 
shall be initiated. 

Article 7 

1. 
In the event of a dispute about the application or interpretation 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 the agenda of the Mixed Committee. 

The Mixed Committee shall have ninety days to settle the dispute, counting from 

2. 
the date of adoption of the agenda on which the dispute has been placed. 

Where  the  dispute  cannot  be  settled  by  the  Mixed  Committee  within  the 
3. 
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  decision,  this  Agreement  shall  be  considered 
terminated at the end of the last day of the period in question.  

EN 

67 

   EN 

 
Article 8 

1. 
With  regard  to  the  administrative  and  operating  costs  associated  with  the 
setting-up  and  operation  of  the  Eurodac  central  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 and, from the 2004 financial year, an annual 
contribution amounting to 7.286% of the corresponding budgetary appropriations for the 
financial year in question.  

As  for  the  other  administrative  and  operating  costs  associated  with  implementing  this 
Agreement,  Switzerland  shall  contribute  to  the  general  budget  of  the  European 
Communities an annual sum calculated in accordance with its gross domestic product as 
a percentage of the gross domestic product of all the participating States. 

2. 
Switzerland  shall  have  the  right  to  receive  documents  pertaining  to  this 
Agreement  and,  at  meetings  of  the  Mixed  Committee,  to  request  interpreting  into  an 
official language of the institutions of the European Communities of its choosing. 

Article 9 

The Swiss national supervisory body entrusted with data protection and the independent 
supervisory  body  established  pursuant  to  Article 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  relevant  information.  The  two  bodies  shall 
determine arrangements governing their mutual cooperation by joint agreement. 

Article 10 

This  Agreement  shall  not  affect  in  any  respect  the  other  agreements  concluded 

1. 
between the European Community and Switzerland. 

This Agreement shall not affect in any respect any future agreements concluded 

2. 
with Switzerland by the European Community.  

Article 11 

The  Kingdom  of  Denmark  may  request  to  participate  in  this  Agreement.  The 
1. 
Contracting Parties, acting with the consent of the Kingdom of Denmark, shall lay down 
the conditions governing such participation in a protocol to this Agreement. 

Switzerland  shall  conclude  an  agreement  with  the  Republic  of  Iceland  and  the 
2. 
Kingdom of Norway on the creation of reciprocal rights and obligations pursuant to their 
respective  associations  with  the  implementation,  application  and  development  of  the 
Dublin/Eurodac acquis. 

EN 

68 

   EN 

 
Article 12 

1. 
This  Agreement  shall  be  ratified  or  approved  by  the  Contracting  Parties. 
Instruments of ratification or approval  shall be deposited with 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  Contracting  Parties  that  the  final  instrument  of 
ratification or approval has been deposited. 

Articles 2, 3 and 4 of paragraph 2, first sentence, shall apply provisionally as of 

3. 
the date on which this Agreement is signed. 

Article 13 

With respect to acts or measures adopted after this Agreement has been signed but before 
it  enters  into  force,  the  thirty-day  period  referred  to  in  Article 4(2),  last  sentence  shall 
start to run from the day of entry into force of this Agreement. 

Article 14 

This Agreement shall be applied only if the agreements referred to in Article 11 

1. 
are also implemented. 

2. 
In  addition,  this  Agreement  shall  be  implemented  only  if  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 is also implemented.  

1. 

Liechtenstein may accede to this Agreement. 

Article 15 

2. 
The  accession  of  Liechtenstein  shall  be  the  subject  of  a  protocol  to  this 
Agreement setting out all the consequences of accession, including 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 this Agreement by sending a declaration in 
writing  to  the  depositary.  This  declaration  shall  take  effect  six  months  after  being 
deposited. 

EN 

69 

   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,  Danish,  Dutch,  English,  Estonian,  Finnish, 
French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Polish,  Portuguese, 
Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic. 

EN 

70 

   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 declarations listed below and annexed to this 
Final Act: 

1. 

Common Declaration of the Contracting Parties on a close dialogue; 

Common  Declaration  of  the  Contracting  Parties  on  Directive  95/46/EC  of  the 

2. 
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: 

Declaration  by  Switzerland  on  Article 4(3)  (time  limit  for  accepting  new 

1. 
developments in the Dublin/Eurodac acquis); 

Declaration  of  the  European  Commission  on  the  committees  that  assist  the 

2. 
European Commission in the exercise of its executive powers. 

Done at... on... 

For the European Community: 

For the Swiss Confederation: 

EN 

71 

   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 Agreement, the Commission invites experts from 
the  Member States  to  attend  Mixed  Committee  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 States are prepared to accept this invitation 
and  to  take  part  in  these  exchanges  of  views  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  Contracting  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 

72 

   EN 

 
 
 
                                                 
Other declarations 

Declaration  by  Switzerland  on  Article 4(3)  (time 
developments in the Dublin/Eurodac acquis); 

limit  for  accepting  new 

The maximum time limit of two years laid down in Article 4(3) 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 
above-mentioned stages are completed as swiftly as possible. 

Declaration  of  the  European  Commission  on  the  committees  that  assist  the 
European Commission in the exercise of its executive powers. 

At  present,  the  committees  that  assist  the  European  Commission  in  the  exercise  of  its 
executive  powers  regarding  the  implementation,  application  and  development  of  the 
Dublin/Eurodac acquis are: 

– 

– 

the committee set up by Article 27 of 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 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 
Convention44 (Eurodac Committee).  

43 
44 

OJ L 50, 25.2.2003, p. 1. 
OJ L 316, 15.12.2000, p. 1. 

EN 

73 

   EN 

 
 
 
 
                                                 
COMMON DECLARATION ON JOINT-MEETINGS 

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  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  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, 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 Community and the Republic of Iceland and the 
Kingdom  of  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. 

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  from  the  entry 
into  force  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 Switzerland. 

Done at 

on 

EN 

74 

   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  Management  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 expiry date, but can be cancelled 

2.3. 

Overall multiannual estimate of expenditure: 

NOT APPLICABLE 

(a) 

Schedule  of  commitment  appropriations/payment  appropriations  (financial 
intervention) (see point 6.1.1) 

EN 

75 

   EN 

 
 
 
€ million (to three decimal places) 

[n+1]

[n+2] 

[n+3] 

[n+4] 

Year 
[n] 

[n+5 
and 
subs. 
Years] 

Tot
al 

Commitments 

Payments 

(b) 

Technical and administrative assistance and support expenditure(see point 6.1.2) 

Commitments 

Payments 

Subtotal a+b 

Commitments 

Payments 

(c) 

Overall  financial 
expenditure 
(see points 7.2 and 7.3) 

impact  of  human  resources  and  other  administrative 

Commitments/ 
payments 

TOTAL a+b+c 

Commitments 

Payments 

2.4. 

Compatibility with financial programming 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 the provisions of the Interinstitutional 
Agreement. 

EN 

76 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2.5. 

Financial impact on revenue:45 

Proposal  has  no  financial  implications  (involves  technical  aspects 
regarding implementation of a measure) 

OR 

[x]  Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

Prior to
action 
2003 

(€ million to two decimal place) 

Situation following action 

2005 2006 

2007 

2008 

2009 

2010 

18 08 02 

a) Revenue in absolute terms 

0.73  0.03  0.03  0.03  0.03  0.03 

b) Change in revenue 

18 08 03 

a) Revenue in absolute terms 

b) Change in revenue 

18 02 03 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

 ∆ 

 ∆ 

0.73 

-0.70 - 

- 

- 

- 

0.45  0.55  0.55  0.55  0.55  0.55 

0.45  0.10 

- 

- 

- 

- 

0.11  0.27  0.27  0.27  0.27  0.27 

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  latter’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 

77 

   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 programming period) 

6.1.1.  Financial intervention 

Commitments (in € million to three decimal places) 

Breakdown 

[Year 
n] 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

Total 

[n+5 and 
subs. 
Years] 

Action 1 

Action 2 

etc. 

TOTAL 

46 

For further information, see separate explanatory note. 

EN 

78 

   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] 

Total 

[n+5 
and 
subs. 
years] 

1) 
administrative assistance 

Technical 

and 

Technical 

a) 
offices

assistance 

b)  Other 
administrative assistance: 

technical 

and 

- intra muros: 

- extra muros: 

of  which  for  construction 
of 
maintenance 
and 
computerised  management 
systems 

Subtotal 1 

2) Support expenditure 

a) Studies 

b) Meetings of experts 

Information 

c) 
publications 

and 

Subtotal 2 

TOTAL 

EN 

79 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.2. 

Calculation  of  costs  by  measure  envisaged  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 

Average unit 
cost 

(total for years 
1…n)  

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 the method of calculation 

47 

For further information, see separate explanatory note. 

EN 

80 

   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 

Total 

Number of 
permanent posts 

Number of 
temporary posts 

Description of tasks deriving from the 
action 

If necessary, a fuller description of the 
tasks may be annexed. 

Types of post 

Officials 
temporary staff 

or 

A 

B 

C 

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 expenditure for twelve months. 

EN 

81 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.3. 

Other administrative expenditure deriving from the action 

Amount € 

Method of calculation 

Budget line 

(number and heading) 

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 expenditure for twelve months. 

1 Specify the type of committee and the group to which it belongs. 

I. 

II. 

Annual total (7.2 + 7.3) 

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 

82 

   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  participate.  Thus  Switzerland 
has to contribute to administrative costs of Council Working groups. At the time of the 
integration of the Schengen acquis, these costs were estimated to be 300 000 000 BEF. 
Therefore,  this  amount  has  been  included  in  the  Agreement  with  Norway  and  Iceland. 
For Switzerland, in Article 11 (1) of the Agreement, 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  for  Switzerland  has  been  negotiated  and  is 
based  on  the  GDP  of  Switzerland,  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 Secretariat of the Council will be responsible for 
the recovery of this financial contribution. 

1.2. Other administrative costs:  

Although  Switzerland  will  participate  in  Committees  assisting  the  Commission  in  the 
exercise  of  its  executive  powers,  representatives  of  Switzerland  will  not  be  reimbursed 
for their travel costs and will not receive 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  probably  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 

83 

   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  contribution  for  2004.  For  the  External  Border 
Agency, the first budgetary year will be 2005. 

The calculation of Switzerland’s contribution for the budgetary years 2002 and 2003 are 
based on the consumption of payment appropriations for the corresponding budget lines.  

For  the  year  2004,  the  calculation  is  based  on  commitment  appropriations  as  set  out  in 
the budget.  

For  2005,  the  calculation  is  based  on  PDB  figures  (commitment  appropriations).  The 
figures  for  2006  are  based  on  existing  financial  programming  (commitment 
appropriations). 

Switzerland’s prorata of GDP is calculated on the basis of Eurostat GDP figures. 

EN 

84 

   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 expiry date, but can be cancelled 

2.3. 

Overall multiannual estimate of expenditure: 

NOT APPLICABLE 

(a) 

Schedule  of  commitment  appropriations/payment  appropriations  (financial 
intervention) (see point 6.1.1) 

€ million (to three decimal places) 

[n+1]

[n+2] 

[n+3] 

[n+4] 

Year 
[n] 

[n+5 
and 
subs. 
Years
] 

Total 

Commitments 

Payments 

(b) 

Technical and administrative assistance and support expenditure(see point 6.1.2) 

Commitments 

Payments 

EN 

85 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Subtotal a+b 

Commitments 

Payments 

(c) 

Overall  financial 
expenditure 
(see points 7.2 and 7.3) 

impact  of  human  resources  and  other  administrative 

Commitments/ 
payments 

TOTAL a+b+c 

Commitments 

Payments 

2.4. 

Compatibility with financial programming 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 the provisions of the Interinstitutional 
Agreement. 

2.5. 

Financial impact on revenue:48 

Proposal  has  no  financial  implications  (involves  technical  aspects 
regarding implementation of a measure) 

OR 

[x]  Proposal  has  financial  impact  –  the  effect  on  revenue  is  as  follows 

(indicative): 

48 

For further information, see separate explanatory note. 

EN 

86 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

(€ million to one decimal place) 

Situation following action 

[200
5] 

[200
6] 

[200
7] 

[200
8] 

[200
9] 

[201
0] 

Prior to
action 
[Year 
n-1] 

18 08 04 

a) Revenue in absolute terms 

1.11  0.11  0.11  0.11  0.11  0.11 

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  State  responsible  for  examining  a  request  for 
Asylum lodged in a Member State or in Switzerland (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 

87 

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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 programming period) 

(The method of calculating the total amounts set out in the table below 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] 

Total 

[n+5 
and 
subs. 
Years] 

Action 1 

Action 2 

etc. 

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] 

Total 

[n+5 
and 
subs. 
years] 

1) 
administrative assistance 

Technical 

and 

Technical 

a) 
offices

assistance 

EN 

88 

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b)  Other 
administrative assistance: 

technical 

and 

- intra muros: 

- extra muros: 

of  which  for  construction 
and 
of 
maintenance 
computerised  management 
systems 

Subtotal 1 

2) Support expenditure 

a) Studies 

b) Meetings of experts 

Information 

c) 
publications 

and 

Subtotal 2 

TOTAL 

6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period)50 

(Where there is more than one action, give sufficient 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. 

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Commitments (in € million to three decimal places) 

Breakdown  

Type  
of outputs 
(projects, files ) 

Number of 
outputs 

Average unit 
cost 

(total for years 
1…n)  

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 the 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 

Total 

Number of 
permanent posts 

Number of 
temporary posts 

Description of tasks deriving from the 
action 

If necessary, a fuller description of the 
tasks may be annexed. 

Types of post 

Officials 
temporary staff 

or 

A 

B 

C 

Other human resources 

Total 

EN 

90 

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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 expenditure for twelve months. 

EN 

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7.3. 

Other administrative expenditure deriving from the action 

Amount € 

Method of calculation 

Budget line 
(number and heading) 

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 expenditure for twelve months. 

1 Specify the type of committee and the group to which it belongs. 

I. 

II. 

Annual total (7.2 + 7.3) 

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 

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Annex 

1.) Explanation of calculation of revenue (section 2.5). 

The calculation of Switzerland’s contribution is based on the contribution 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 Switzerland 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 Norway and Iceland in their Agreement. 

It  has  been  negotiated,  that  Switzerland  (like  Norway  and  Iceland)  has  to  contribute  to 
the development of the Central Unit of Eurodac 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 Agreement 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  indicated  in  the  financial  statement  of  the  budgetary  year 
2005,  which  consequently  covers  Switzerland’s  contribution  for  the  budgetary  years 
2000-2005. 

The  calculation  of  Switzerland’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  budgetary  year  2005  is  based  on 
PDB  figures.  The  figures  for  2006  and  subsequent  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 Committee created by the Agreement (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 Switzerland are present at the same time. 

Travel  costs  and  daily  allowances  are  not  reimbursed  for  the  representatives  of 
Switzerland in this Joint Committee. 

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