2004/860/EC: Council Decision of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
Date: 2004-10-25
Institutions: Council of the European Union
Subjects: Switzerland, agreement (EU), free movement of persons, signature of an agreement

L 370/78

EN

Official Journal of the European Union

17.12.2004

COUNCIL DECISION

of 25 October 2004

on the signing, on behalf of the European Community, and on the provisional application of certain
provisions of the Agreement between the European Union, the European Community and the Swiss
Confederation, concerning the Swiss Confederation’s association with the implementation,
application and development of the Schengen acquis

(2004/860/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular Article 62, point 3 of the first
subparagraph of Article 63 and the Articles 66 and 95 in
conjunction Article 300(2),

Having regard to the proposal from the Commission,

(6)

Whereas:

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
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 acquis (2).

This Decision does not prejudice the position of Ireland,
under 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
and Council Decision
2002/192/EC of 28 February 2002 concerning Ireland’s
request to take part in some of the provisions of the
Schengen acquis (3).

European Community

Following the authorisation given to the Commission on
17 June 2002, negotiations with the Swiss Authorities,
association of Switzerland with the
regarding 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.

(7)

the position of
This Decision shall not prejudice
Denmark, under
the Protocol on the position of
Denmark annexed to the Treaty on European Union
and the Treaty establishing the European Community,

The Agreement caters for the provisional application of
its provisions. These provisions should be
certain of
applied on a provisional basis pending the Agreement’s
entry into force.

HAS DECIDED AS FOLLOWS:

Article 1

it

As far as the development of the Schengen acquis is
concerned, which falls under the Treaty establishing the
European Community,
is appropriate to make the
provisions of Council Decision 1999/437/EC of 17
May 1999 on certain arrangements for the application
of
the
the Agreement concluded by the Council of
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
(1) applicable,
mutatis mutandis, to the relations with Switzerland upon
signature of the Agreement.

This Decision does not prejudice the position of
United Kingdom, under

the
integrating the

the Protocol

(1) OJ L 176, 10.7.1999, p. 31.

The signature of the Agreement between the European Union,
and the Swiss Confederation
the European Community
concerning the Swiss Confederation’s association with the
implementation, application and development of the Schengen
acquis, and the related documents consisting of the Final Act, of
the Agreement
in the form of an Exchange of Letters
European
concerning
Commission in the exercise of its executive power, and of the
Common Declaration on joint meetings of
the Mixed
Committees,
is hereby approved on behalf of the European
Community, subject to conclusion.

the Committees

assist

that

the

The texts of the Agreement and related documents are attached
to this Decision (4).

(2) OJ L 131, 1.6.2000, p. 43.
(3) OJ L 64, 7.3.2002, p. 20.
(4) Council document 13054/04; accessible on

http://register.consilium.eu.int

(1)

(2)

(3)

(4)

(5)

17.12.2004

EN

Official Journal of the European Union

L 370/79

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement and the related
documents on behalf of the European Community, subject to
conclusion.

Article 3

This Decision shall apply to the fields covered by the provisions
listed in Annexes A and B to the Agreement and to their
in
development to the extent that such provisions have, or,
accordance with Decision
been
determined to have, a legal base within the Treaty establishing
the European Community.

1999/436/EC (1),

have

Before the delegations representing the members of the
2.
Council take part in a decision of the Mixed Committee set
up by the Agreement, in accordance with Article 7(4) and (5)
and Article 10 thereof, they shall meet within the Council in
to determine whether a common position may be
order
adopted.

Article 5

In accordance with Article 14(2) of the Agreement, Articles 1,
3, 4, 5 and 6 and the first sentence of Article 7(2)(a) thereof
shall be applied on a provisional basis, pending its entry into
force.

Article 4

Done at Luxembourg, 25 October 2004.

1.
The provisions of Articles 1 to 4 of Council Decision
1999/437/EC shall apply, in the same way, to the association
of Switzerland with the
implementation, application and
the Schengen acquis, which falls under the
development of
Treaty establishing the European Community.

For the Council
The President

R. VERDONK

(1) OJ L 176, 10.7.1999, p. 17.