Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis - Final Act - Joint Declarations - Declarations - Agreement in the form of an exchange of letters
Date: 2004-10-26
Institutions: European Community, European Union, Switzerland
Subjects: Schengen Agreement, Switzerland, agreement (EU)

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AGREEMENT

between the European Union, the European Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation, application and development of the Schengen
acquis

THE EUROPEAN UNION,

THE EUROPEAN COMMUNITY,

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 insofar 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
geographical position of 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;

WHEREAS the Agreement concluded on 18 May 1999 by the Council of the European Union and the Republic
of Iceland and the Kingdom of Norway (1) associated the latter two States with the implementation,
application and development of the Schengen acquis;

WHEREAS it is desirable that the Swiss Confederation be associated on an equal footing with Iceland and
Norway in the implementation, application and development of the Schengen acquis;

WHEREAS an agreement should be concluded between the European Union, the European Community and the
Swiss Confederation containing rights and obligations similar to those agreed between the Council of the
European Union, of the one part, and Iceland and Norway, of the other part;

CONVINCED of the need to organise cooperation between the European Union and the Swiss Confederation as
regards the implementation, practical application and further development of the Schengen acquis;

WHEREAS it is necessary, in order to associate the Swiss Confederation with the activities of the European
Union in the fields covered by this Agreement and to enable it to participate in those activities, to set 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;

(1) OJ L 176, 10.7.1999, p. 36.

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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 pursuant to 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 (1);

WHEREAS it is necessary to ensure that the States with which the European Union has established an
association for the purpose of implementing, applying and developing the Schengen acquis also apply this
acquis in their relations with each other;

WHEREAS the smooth operation of the Schengen acquis requires that this Agreement be applied simultaneously
with the agreements between the various parties associated with or participating in the implementation 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 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 ‘Switzer-
land’, 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.

2. This Agreement creates reciprocal rights and obligations in
accordance with the procedures set out herein.

Article 2

Convention signed in Schengen on 19 June 1990 implementing
the Agreement on the gradual abolition of checks at common
borders, hereinafter referred to as the Convention Implementing
the Schengen Agreement, shall be implemented and applied by
Switzerland.

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

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.

Article 3

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 correspond-
the
ing provisions of, or provisions adopted pursuant

to,

1. A Mixed Committee is hereby established, consisting of
representatives 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’.

the Swiss Government, members of

(1) OJ L 131, 1.6.2000, p. 43 and OJ L 64, 7.3.2002, p. 20.

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2. The Mixed Committee shall adopt
Procedure by consensus.

its own Rules of

Article 6

3. The Mixed Committee shall meet at the initiative of its
President or at the request of any of its members.

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.

4.
Subject to Article 4(2), the Mixed Committee shall meet at
the level of Ministers, senior officials or experts, as circumstances
require.

Article 7

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 representa-

2.
tives of Switzerland shall have the opportunity:

— to explain the problems they encounter in respect of a
particular act or measure or to respond to the problems
encountered by other delegations,

— to express themselves on any questions concerning the
drawing up of provisions of concern to them or the
implementation thereof.

3. Meetings of the Mixed Committee at ministerial level shall
be prepared by the Mixed Committee at the level of senior
officials.

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 30 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
the constitutional requirements
given notification that
have been met, Switzerland shall, where possible,
implement the act or measure in question on a provisional
basis.

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 Commis-
sion 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.

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 cooper-
ation operates smoothly.

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.

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.

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4. Where:

(a)

(b)

(c)

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

Switzerland does not carry out notification within the
30-day time limit referred to in paragraph 2(a) or parag-
raph 5(a); or

the
Switzerland does not carry out notification after
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 90 days.
Termination of this Agreement shall take effect three months
after the expiry of the 90-day period.

5. (a) If provisions of a new act or measure have the effect of no
longer allowing Member States to subject compliance 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 30 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
the
(b) shall be provided within 30 days of
agreement reached in the Mixed Committee.

Article 8

1.
ensuring

In order to achieve the Contracting Parties' objective of
and
uniform possible

application

the most

interpretation of the provisions referred to in Article 2, the
Mixed Committee shall keep under constant review develop-
ments in the case-law of the Court of Justice of the 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.

Switzerland shall have the right to submit statements of case
2.
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 provi-
sions referred to in Article 2.

Article 9

Each year Switzerland shall report to the Mixed Committee
1.
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.

If, within two months of being notified of a substantial
2.
divergence between Court of
Justice case-law and that of
Switzerland's courts or of a substantial divergence between the
the Member States concerned and the Swiss
authorities of
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
1.
Agreement or where the situation provided for in Article 9(2)
occurs, the matter shall be officially entered as a matter of dispute
on the agenda of the Mixed Committee, meeting at ministerial
level.

2. The Mixed Committee shall have 90 days to settle the
dispute, counting from the date of adoption of the agenda on
which the dispute has been placed.

3. Where the dispute cannot be settled by the Mixed
Committee within the 90-day deadline provided for
in
paragraph 2, this deadline shall be extended by 30 days with a
view to reaching a final settlement.

is reached,
If no final settlement
terminated six months after the expiry of the 30-day period.

this Agreement shall be

Article 11

1. As regards the administrative costs associated with imple-
menting 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.

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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.

In cases where

the operating costs

3.
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 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.

Switzerland shall have the right to receive documents drawn
4.
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

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

in any respect

2. This Agreement shall not affect the agreements binding
Switzerland, of the one part, and one or more Member States, of
in so far as they are compatible with this
the other part,
Agreement.
these agreements are incompatible with this
Agreement, the latter shall prevail.

If

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
the Treaty establishing the
which come under Title IV of
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
2.
of Iceland and the Kingdom of Norway on the creation of
reciprocal rights and obligations by virtue of
those States'
participation in the implementation, application and develop-
ment of the Schengen acquis.

Article 14

1. This Agreement shall enter into force one month after the
day on which the Secretary General of
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.

the Council,

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

to acts or measures adopted after

3. With respect
this
Agreement has been signed but before it enters into force, the
30-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 itself that the preconditions for implementation of the
relevant provisions have been fulfilled by Switzerland and that
controls at its external borders are effective.

The Members of the Council 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.

3. This Agreement shall be applied only if the agreements
referred to in Article 13 are also implemented.

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this Agreement shall be applied only if

the
4. Moreover,
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.

Article 16

1.

Liechtenstein may accede to this Agreement.

including the creation of

2. The accession of Liechtenstein shall be the subject of a
protocol to this Agreement setting out all the consequences of
accession,
rights and obligations
between Liechtenstein and Switzerland, and between Liechten-
stein, 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.

depositary shall be notified of termination, which shall take effect
six months after notification.

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

Article 18

1. This Agreement shall be drawn up in duplicate in the Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese,
Slovak, Slovenian, Spanish and Swedish languages, each text
being equally authentic.

Article 17

1. This Agreement may be terminated by Switzerland or by
decision of the Council acting by unanimity of its Members. The

2. The Maltese language version shall be authenticated by the
Contracting Parties on the basis of an Exchange of Letters. It shall
also be authentic, in the same way as for the languages referred
to in paragraph 1.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.

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Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

V Lucemburku dne dvacátého šestého října dva tisíce čtyři.

Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendvier.

Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

Fait à Luxembourg, le vingt-six octobre deux mille quatre.

Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.

Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.

Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

Gedaan te Luxemburg, de zesentwintigste oktober tweeduizend vier.

Sporządzono w Luksemburgu dnia dwudziestego szóstego października roku dwa tysiące czwartego.

Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.

Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

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Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā

Europos Sąjungos vardu

az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

På Europeiska unionens vägnar

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

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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 on 19 June 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 insofar as they are covered by Council Directive 91/477/EEC of 18 June 1991 on control of the
acquisition and possession of weapons

Articles 120 to 125 on the movement of goods

Articles 131 to 133

Article 134

Articles 139 to 142

Final Act: Declaration 2

Final Act: Declarations 4, 5 and 6

Minutes

Joint Declaration

Declaration by Ministers and State Secretaries.

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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.

2.

3.

4.

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.

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.

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.

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:

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.

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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.

8.

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.

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 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

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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.

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

Final Act: Part I

Final Act: Part II, Declaration 2

Final Act: Part III

Declaration by Ministers and State Secretaries.

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A.

The following Decisions of the Executive Committee:

PART 3

SCH/Com-ex (93) 10
14.12.1993

SCH/Com-ex (93) 14
14.12.1993

SCH/Com-ex (93) 21
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

SCH/Com-ex (94) 16 Rev
21.11.1994

SCH/Com-ex (94) 17 Rev 4
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)

SCH/Com-ex (95) 20 Rev 2
20.12.1995

SCH/Com-ex (95) 21
20.12.1995

SCH/Com-ex (96) 13 Rev
27.6.1996

SCH/Com-ex (97) 39 Rev
15.12.1997

SCH/Com-ex (98) 1 Rev 2
21.4.1998

SCH/Com-ex (98) 12
21.4.1998

SCH/Com-ex (98) 18 Rev
23.6.1998

SCH/Com-ex (98) 19
23.6.1998

SCH/Com-ex (98) 21
23.6.1998

Confirmation of the Declarations by the Ministers and State Secretaries of
19 June 1992 and 30 June 1993, on entry into force

Improving practical cooperation between the judicial authorities to combat
drug trafficking

Extending the uniform visa

Common procedures for cancelling, rescinding or shortening the length of
validity of the uniform visa

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 the central authorities
referred to in Article 17(2) of the implementing convention

acquisition of common entry and exit stamps

Introducing and applying the Schengen system in airports and aerodromes

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

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

Principles for issuing Schengen visas in accordance with Article 30(1)(a) of
the Convention implementing the Schengen Agreement

Guiding Principles for means of proof and indicative evidence within the
framework of readmission agreements between Schengen States

Report on the activities of the task force

Exchange at local level of statistics on visas

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

Monaco
VISA — EXTERNAL BORDERS — SIS

Stamping of passports of visa applicants
VISAS

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SCH/Com-ex (98) 26 def
16.9.1998

SCH/Com-ex (98) 29 Rev
23.6.1998

SCH/Com-ex (98) 35 Rev 2
16.9.1998

SCH/Com-ex (98) 37 def 2
16.9.1998

SCH/Com-ex (98) 51 Rev 3
16.12.1998

SCH/Com-ex (98) 52
16.12.1998

SCH/Com-ex (98) 56
16.12.1998

SCH/Com-ex (98) 57
16.12.1998

SCH/Com-ex (98) 59 Rev
16.12.1998

SCH/Com-ex (99) 1 Rev 2
28.4.1999

SCH/Com-ex (99) 5
28.4.1999

SCH/Com-ex (99) 6
28.4.1999

SCH/Com-ex (99) 7 Rev 2
28.4.1999

SCH/Com-ex (99) 8 Rev 2
28.4.1999

SCH/Com-ex (99) 10
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

Setting-up of the Schengen implementing Convention Standing Committee

Catch-all clause to cover the whole technical Schengen acquis

Forwarding the Common Manual to EU applicant States

Action plan to combat illegal immigration

Cross-border police cooperation in the area of crime prevention and
detection

Handbook on cross-border police cooperation

Manual of documents on which a visa may be affixed

Introduction of a harmonised form for invitations, proof of accommoda-
tion, and the acceptance of obligations of maintenance support

Coordinated deployment of document advisers

Schengen standards in drugs situation

SIRENE Manual update

Telecoms situation

Liaison officers

Payments to informers and infiltrators

Illegal trade in weapons

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
18.4.1996

Determination of the concept of third-country ‘alien’

SCH/Com-ex (96) Decl 6 Rev. 2
26.6.1996

Declaration on extradition

SCH/Com-ex (97) Decl 13 Rev. 2
21.4.1996

Abduction of minors

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C.

The following Decisions of the Central Group:

Decision

Subject

Action plan to combat illegal immigration

General principles for the remuneration of informants and infiltrators

SCH/C (98) 117
27.10.1998

SCH/C (99) 25
22.3.1999

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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 (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995,
p. 1) as amended by Council Regulation (EC) No 334/2002 of 18 February 2002 (OJ L 53, 23.2.2002, p. 7);
Commission Decision of 7 February 1996 and Commission Decision of 3 June 2002 laying down further technical
specifications for the uniform format for visas (not published);

— Council Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281,
23.11.1995, p. 31);

— Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the
Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union [provisions
referred to in Article 2(1) of the Convention] (OJ C 197, 12.7.2000, p. 1);*

— Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5),
41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition
of checks at common borders (OJ L 248, 3.10.2000, p. 1);

— Council Decision 2000/645/EC of 17 October 2000 correcting the Schengen acquis as contained in Schengen

Executive Committee SCH/Com-ex (94)15 Rev (OJ L 272, 25.10.2000, p. 24);

— Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in
possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
(OJ L 81, 21.3.2001, p. 1) as amended by Council Regulation (EC) No 2414/2001 of 7 December 2001 (OJ L 327,
12.12.2001, p. 1) and by Council Regulation (EC) No 453/2003 of 6 March 2003 (OJ L 69, 13.3.2003, p. 10);

— Council Decision 2001/329/EC of 24 April 2001 updating Part VI and Annexes 3, 6 and 13 of the Common
Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p. 32);

— Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa (OJ L 150,

6.6.2001, p. 4);

— Council Decision 2001/420/EC of 28 May 2001 on the adaptation of Parts V and VI and Annex 13 of the Common
Consular Instructions on Visas and Annex 6a to the Common Manual with regard to long-stay visas 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, 2.6.2001, p. 34) and Council Decision 2004/191/EC of 23 February 2004 setting out
the criteria and practical arrangements for the compensation of the financial
imbalances resulting from 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);

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— 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 (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen

Information System (SIS II) (OJ L 328, 13.12.2001, p. 4);

— Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen

Information System (SIS II) (OJ L 328, 13.12.2001, p. 1);

— Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Annex 12 to the Common Consular

Instructions and Annex 14a to the Common Manual (OJ L 20, 23.1.2002, p. 5);

— Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued
by Member States to persons holding travel documents not recognised by the Member State drawing up the form
(OJ L 53, 23.2.2002, p. 4) and Commission Decision of 12 August 2002 laying down the technical specifications for
the uniform format for affixing the visa issued by Member States to persons holding travel documents not recognised
by the Member State drawing up the form (not published);

— Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual (OJ L 123, 9.5.2002,

p. 47);

— Council Decision 2002/354/EC of 25 April 2002 on the adaptation of Part III of, and the creation of an Annex 16 to,

the Common Consular Instructions (OJ L 123, 9.5.2002, p. 50);

— Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for
third-country nationals (OJ L 157, 15.6.2002, p. 1) and Commission Decision of 14 August 2002 laying down the
technical specifications for the uniform format for residence permits for third country nationals (not published);

— Council Decision 2002/585/EC of 12 July 2002 on the adaptation of Parts III and VIII of the Common Consular

Instructions (OJ L 187, 16.7.2002, p. 44);

— Council Decision 2002/586/EC of 12 July 2002 on the amendment of Part VI of the Common Consular Instructions

(OJ L 187, 16.7.2002, p. 48);

— Council Decision 2002/587/EC of 12 July 2002 on the revision of the Common Manual (OJ L 187, 16.7.2002,

p. 50);

— Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to

prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1);

— Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and

residence (OJ L 328, 5.12.2002, p. 17);

— Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of

such visas to seamen in transit (OJ L 64, 7.3.2003, p. 1);

— The provisions of the 1995 Convention on simplified extradition procedure between the Member States of the
European Union (OJ C 78, 30.3.1995, p. 2) and of the 1996 Convention relating to extradition between the 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);*

— Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the

law enforcement agencies of the Member States [except Article 8] (OJ L 67, 12.3.2003, p. 27);

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— Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a
Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common
Manual (OJ L 99, 17.4.2003, p. 8);

— Council Regulation (EC) No 694/2003 of 14 April 2003 on uniform formats for Facilitated Transit Documents (FTD)
and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003,
p. 15);

— Council Decision No 2003/454 of 13 June 2003 amending Annex 12 of the Common Consular Instructions and

Annex 14a of the Common Manual on visa fees (OJ L 152, 20.6.2003, p. 82);

— Council Regulation (EC) No 1295/2003 of 15 July 2003 relating to measures envisaged to facilitate the procedures for
applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympic
Games in Athens (OJ L 183, 22.7.2003, p. 1);

— Council Decision 2003/585/EC of 28 July 2003 amending Annex 2, Schedule A, of the Common Consular
Instructions and Annex 5, Schedule A, of the Common Manual on the visa requirements for holders of Pakistani
diplomatic passports (OJ L 198, 6.8.2003, p. 13);

— Council Decision 2003/586/EC of 28 July 2003 on the amendment of Annex 3, Part I, of the Common Consular
Instructions and Annex 5a, Part I of the Common Manual on third country nationals subject to airport visa
requirements (OJ L 198, 6.8.2003, p. 15);

— Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common
borders (OJ L 260, 11.10.2003, p. 37);

— Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by

air (OJ L 321, 6.12.2003, p. 26);

— Council Decision 2004/14/EC of 22 December 2003 amending the third subparagraph (Basic criteria for examining

applications) of Part V of the Common Consular Instructions (OJ L 5, 9.1.2004, p. 74);

— Council Decision 2004/15/EC of 22 December 2003 amending point 1.2 of Part II of the Common Consular

Instructions and drawing up a new Annex thereto (OJ L 5, 9.1.2004, p. 76);

— Council Decision 2004/17/EC of 22 December 2003 amending Part V, point 1.4, of the Common Consular
Instructions and Part I, point 4.1.2 of the Common Manual as regards inclusion of the requirement to be in
possession of travel medial insurance as one of the supporting documents for the grant of a uniform entry visa
(OJ L 5, 9.1.2004, p. 79);

— Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers

network (OJ L 64, 2.3.2004, p. 1);

— Council Decision 2004/466/EC of 29 April 2004 amending the Common Manual in order to include provisions for

targeted border controls on accompanied minors (OJ L 157, 30.4.2004, p. 136);

— Corrigendum to Council Decision 2004/466/EC of 29 April 2004 amending the Common Manual in order to include

provisions for targeted border controls on accompanied minors (OJ L 195, 2.6.2004, p. 44);

— Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the

Schengen Information System, including the fight against terrorism (OJ L 162, 30.4.2004, p. 29);

— Council Directive 2004/82/EC of 29 April 2004 on the obligation for carriers to communicate passenger data

(OJ L 261, 6.8.2004, p. 24);

— Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for the removal, from the
territory of two or more Member States, of third-country nationals who are the subjects of individual removal orders
(OJ L 261, 6.8.2004, p. 28);

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— 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).

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FINAL ACT

The plenipotentiaries have adopted the joint declarations listed below and annexed to this Final Act:

1.

2.

3.

Joint Declaration of the Contracting Parties on parliamentary consultation;

Joint Declaration of the Contracting Parties on external relations;

Joint Declaration of the Contracting Parties on Article 23(7) of the Convention of 29 May 2000 on
Mutual Assistance in Criminal Matters between Member States of the European Union.

The plenipotentiaries have also taken note of the declarations listed below and annexed to this Final Act:

1. Declaration by Switzerland on mutual assistance in criminal matters;

2. Declaration by Switzerland on Article 7(2)(b)

(time limit for accepting new developments in the

Schengen acquis);

3. Declaration by Switzerland on the application of the European Convention on Mutual Assistance in

Criminal Matters and the European Convention on Extradition;

4. Declaration of the European Commission on the transmission of proposals;

5. Declaration of the European Commission on the committees that assist the European Commission in the

exercise of its executive powers.

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Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

V Lucemburku dne dvacátého šestého října dva tisíce čtyři.

Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendvier.

Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

Fait à Luxembourg, le vingt-six octobre deux mille quatre.

Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.

Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.

Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

Gedaan te Luxemburg, de zesentwintigste oktober tweeduizend vier.

Sporządzono w Luksemburgu dnia dwudziestego szóstego października roku dwa tysiące czwartego.

Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.

Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

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Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Per l'Unione europea

Eiropas Savienības vārdā

Europos Sąjungos vardu

az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

På Europeiska unionens vägnar

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

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Official Journal of the European Union

27.2.2008

JOINT DECLARATIONS OF THE CONTRACTING PARTIES

JOINT DECLARATION OF THE CONTRACTING PARTIES ON PARLIAMENTARY CONSULTATION

The Contracting Parties consider that matters covered by this Agreement should be discussed at the European
Parliament-Switzerland interparliamentary meetings.

JOINT DECLARATION OF THE CONTRACTING PARTIES ON EXTERNAL RELATIONS

The Contracting Parties agree that the European Community undertake to encourage third countries 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.

JOINT DECLARATION OF THE CONTRACTING PART IES 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.

27.2.2008

EN

Official Journal of the European Union

L 53/75

OTHER DECLARATIONS

DECLARATION BY SWITZERLAND ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Switzerland declares that tax offences in the direct tax field being investigated by the Swiss authorities may not
give rise, when this Agreement enters into force, to an appeal before a court competent inter alia to hear
criminal matters.

DECLARATION BY SWITZERLAND ON ARTICLE 7(2)(b)

(Time limit for accepting new developments in the schengen acquis)

The maximum time limit of two years laid down in Article 7(2)(b) covers both the approval and the
implementation of the act or measure. It includes the following stages:

— the preparatory stage;

— the parliamentary procedure;

— the referendum deadline (100 days from the official publication of the act) and, where applicable;

— the referendum (organisation and voting).

The Federal Council shall inform the Council and the Commission without delay of the completion of each of
these stages.

The Federal Council undertakes to use every means at its disposal to ensure that the abovementioned stages are
completed as swiftly as possible.

DECLARATION BY SWITZERLAND ON THE APPLICATION OF THE EUROPEAN CONVENTION ON MUTUAL
ASSISTANCE IN CRIMINAL MATTERS AND THE EUROPEAN CONVENTION ON EXTRADITION

Switzerland undertakes to refrain from invoking its reservations and declarations made when ratifying the
European Convention on Extradition of 13 December 1957 and the European Convention on 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.

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EN

Official Journal of the European Union

27.2.2008

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, the committees which assist the European Commission in the exercise of its executive powers as
regards the implementation, application and development of the Schengen acquis are:

— the committee set up by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down

a uniform format for visas (Visa Committee); and

— the committee set up by Article 5 of Council Decision of 6 December 2001 (2001/886/JAI) and by
Article 5 of Council Regulation (EC) No 2424/2001 of 6 December 2001, both instruments that refer to
the development of the second generation Schengen information system (SIS II) (SIS II Committee).

27.2.2008

EN

Official Journal of the European Union

L 53/77

AGREEMENT

in the form of an Exchange of Letters between the Council of the European Union and the Swiss
federation on the committees that assist the European Commission in the exercise of its executive
powers

A.

Letter from the European Community

Sir,

refers to the negotiations concerning the Agreement on the association of

The Council
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 that Directive, which assists the European Commission
in the exercise of its executive powers. Accordingly, when drawing up its proposals, the European
Commission shall consult the experts from the Swiss Confederation on the same basis as the
experts from the Member States;

— Under the second subparagraph of Article 29(2) of the said Directive, the Swiss Confederation may
appoint a representative of the supervisory authority or of the authorities designated by the 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.

I would be obliged if you would confirm that your Government is in agreement with the above.

Please accept, Sir, the assurance of my highest consideration.

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EN

Official Journal of the European Union

27.2.2008

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
in preparing draft measures to be submitted subsequently to the
exclusively for that point,
committee established under Article 31 of that Directive, which assists the European Commission
in the exercise of its executive powers. Accordingly, when drawing up its proposals, the European
Commission shall consult the experts from the Swiss Confederation on the same basis as the
experts from the Member States;

— Under the second subparagraph of Article 29(2) of the said Directive, the Swiss Confederation may
appoint a representative of the supervisory authority or of the authorities designated by the 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.

I would be obliged if you would confirm that your Government is in agreement with the above.’

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

Please accept, Sir, the assurance of my highest consideration.

27.2.2008

EN

Official Journal of the European Union

L 53/79

JOINT DECLARATION ON JOINT MEETINGS OF MIXED COMITTEES

The Delegations representing the Governments of the Member States of the European Union,

The Delegation of the European Commission,

The Delegations representing the Governments of the Republic of Iceland and the Kingdom of Norway,

The Delegation representing the Government of the Swiss Confederation,

— have decided to organise the meetings of the Mixed Committees, established by the Agreement on the
association of Iceland and Norway with the implementation, application and development of 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 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 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.