2004/849/EC: Council Decision of 25 October 2004 on the signing, on behalf of the European Union, 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: 2004-12-15
Institutions: Council of the European Union
Subjects: Schengen Agreement, Switzerland, agreement (EU), signature of an agreement

L 368/26

EN

Official Journal of the European Union

15.12.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 25 October 2004

on the signing, on behalf of the European Union, 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, appli-
cation and development of the Schengen acquis

(2004/849/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)

(2)

(3)

(4)

Following the authorisation given to the Presidency,
assisted by the Commission, on 17 June 2002, nego-
tiations with the Swiss Authorities, regarding the asso-
ciation of Switzerland with the implementation, appli-
cation 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.

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

for

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

application of

the

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

(5)

(6)

the Protocol

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

HAS DECIDED AS FOLLOWS:

Article 1

The signing 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, and the
related documents consisting of the Final Act, of the Agreement
in the form of an Exchange of Letters concerning the
Committees
the European Commission in the
exercise of its executive power, and of the Common Declaration
on joint meetings,
the
European Union, subject to conclusion.

is hereby approved on behalf of

that assist

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 is accessible at

http://register.consilium.eu.int

15.12.2004

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Official Journal of the European Union

L 368/27

Article 2

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

the European Union,

subject

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
development to the extent that such provisions have a legal
base within the Treaty on European Union or to the extent
that it has been determined under Decision 1999/436/EC (1)
that they have such a base.

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 Brussels, 25 October 2004.

1.
The provisions of Articles 1 to 4 of Decision
1999/437/EC shall apply, in the same way, to the association
of Switzerland with the implementation, application and devel-
opment of the Schengen acquis, which falls under Title VI of the
Treaty on European Union.

For the Council

R. VERDONK
The President

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