Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the 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
Date: 2006-12-01
Institutions: European Commission
Subjects: Liechtenstein, Schengen Agreement, Switzerland, free movement of persons, interim agreement (EU), protocol to an agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.12.2006 
COM(2006) 752 final 

2006/0251 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and on the provisional application of 
certain provisions of the Protocol between the European Union, the European 
Community, the Swiss Confederation and the Principality of Liechtenstein on the 
accession of the Principality of Liechtenstein to the 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 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, and on the provisional 
application of certain provisions of the Protocol between the European Union, the 
European Community, the Swiss Confederation and the Principality of Liechtenstein on 
the accession of the Principality of Liechtenstein to the 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  

EN 

   EN 

 
 
 
  
Proposal for a 

COUNCIL DECISION 

on the conclusion on behalf of the European Union of the Protocol between the 
European Union, the European Community, the Swiss Confederation and the 
Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the 
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 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community, of the Protocol between the 
European Union, the European Community, the Swiss Confederation and the 
Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the 
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  

(presented by the Commission) 

EN 

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EXPLANATORY MEMORANDUM 

I. INTRODUCTION 

On  26  October  2004,  the  European  Union,  the  European  Community  and  the  Swiss 
Confederation  signed  an  Agreement  on  the  Swiss  Confederation's  association  with  the 
implementation,  application  and  development  of  the  Schengen  acquis  (the  “Schengen 
agreement with Switzerland”)1.  

That  Agreement  anticipated  Liechtenstein’s  possible  association  with  the  Schengen  acquis 
and made provision in its Article 16 for Liechtenstein to accede to the Agreement by means of 
a protocol determining the rights and obligations of each of the contracting parties. 

By  letter  dated  12  October  2001,  Liechtenstein  had  already  expressed  its  interest  in  joining 
Switzerland  as  a  contracting  party  to  a  possible  Schengen  and  Dublin  acquis  association 
agreement  since  an  open  border  policy  for  the  movement  of  persons  had  existed  between 
Liechtenstein  and  Switzerland  for  decades.  However,  Liechtenstein  was  not  associated  with 
the  negotiations  with  Switzerland  on  account  of  the  absence  of  an  agreement  on  savings 
taxation between the European Community and Liechtenstein. 

The  European  Community  and  Liechtenstein subsequently concluded  such  an  agreement  on 
savings taxation, which has been in operation since July 2005. 

By letter dated 10 June 2005 Liechtenstein confirmed that it wished to be associated with the 
Schengen and Dublin/Eurodac acquis. 

Following  the  authorization  given  by  the  Council  to  the  Commission  on  27.2.2006, 
negotiations  were  held  with  Liechtenstein  and  Switzerland.  On  21.6.2006  negotiations  were 
finalised and the draft protocol on Liechtenstein's accession to the Schengen agreement with 
Switzerland was initialled2. 

Given the fact that the Schengen agreement with Switzerland to which Liechtenstein accedes 
covers  both  first  and  third  pillar  items,  the  Commission  proposes  to  follow  the  approach 
chosen  for  the  signature  and  adoption  of  the  Schengen  agreement  with  Switzerland.  The 
Commission proposes thus to adopt the Protocol by two separate acts, one based on the Treaty 
establishing the European Community (Articles 62, 63 (3), 66 and 95) and one based on the 
Treaty on European Union (Articles 24 and 38). 

Concerning  the  decision  based  on  the  Treaty  establishing  the  European  Community,  the 
Council  will  decide  by  unanimity  given  the  fact  that  Article  63  point  3  a)  requires  a 
unanimous vote of the Member States. The European Parliament will have to be consulted on 
the conclusion of the Agreement in accordance with Article 300 (3) of the EC Treaty. 

1 

2 

The same day the European Community signed an Agreement with 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 “Dublin/Eurodac agreement with Switzerland"). 
As well as the draft protocol on its accession to the Dublin/Eurodac Agreement with Switzerland and 
the draft protocol on Denmark's participation in the agreement on Dublin/Eurodac with Switzerland and 
Liechtenstein. 

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II. RESULTS OF THE NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
were attained and that the draft protocol is acceptable to the Community. 

The final content can be summarised as follows: 

Liechtenstein  accedes  to  the  Schengen  agreement  with  Switzerland  and  will  have  the  same 
rights and obligations as  Switzerland.  Liechtenstein will have to accept  the  entire Schengen 
acquis  and  the  development  thereof,  with  the  sole  exception  granted  also  to  Switzerland 
(Article 7 (5) of the Schengen agreement with Switzerland): 

If provisions of a new Schengen 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, Liechtenstein does not need to 
implement these 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 Liechtenstein, would 
not be punishable under Liechtenstein law with a custodial penalty3. 

Apart  from  this  exception,  if  Liechtenstein  does  not  accept  future  developments  of  the 
Schengen acquis, the Protocol will cease to operate. 

Liechtenstein  will  become  a  member  of  the  Mixed  Committee  and  will  have  the  right  to 
express its opinion within the Mixed Committee and to preside it.  

The  putting  into  effect  of  the  Schengen  protocol  is  linked  to  the  putting  into  effect  of  the 
Dublin/Eurodac  protocol,  as  well  as  to  the  putting  into  effect  of  the  respective  agreements 
between Liechtenstein and Denmark and between Liechtenstein and Norway and Iceland on 
Schengen. 

Specific provisions are laid down for Liechtenstein concerning the time period needed for the 
implementation of a development of the Schengen acquis, in case constitutional requirements 
need  to  be  fulfilled  by  Liechtenstein  (18  months)  and  the  financial  contribution  that 
Liechtenstein has to pay for the administrative costs of the Council Working Groups, which 
meet in form of the Mixed Committee. The overall amount of these administrative costs are 
laid down in the Swiss agreement with an amount of € 8 100 000 and Liechtenstein will have 
to pay 0.071% of it. In addition, like Switzerland, Liechtenstein will have to contribute to the 
operational costs linked to the implementation of the Schengen acquis according to its GDP. 
Consequently,  there  are  no  financial  implications  for  the  EU  resulting  from  Liechtenstein's 
association with the Schengen acquis. 

Given  the  existing  cooperation  with  Switzerland  in  the  field  of  visa  policy  and  security 
matters  which  includes  the  use  of  common  databases,  Liechtenstein  may  use  the  technical 
infrastructure of Switzerland for its access to the Schengen Information System and the Visa 
Information System. 

3 

Article 5 (5) a of the Protocol 

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III. CONCLUSIONS: 

In the light of the above considerations, the Commission proposes that the Council: 

–  decides that the Protocol be signed on behalf of the European Union, on the one hand, and 
of the European Community, on the other hand, and authorises the President of the Council 
to appoint the person duly empowered to sign on behalf of the European Union, on the one 
hand, and of the European Community, on the other hand; 

–  approves,  after  consulting  the  European  Parliament,  the  attached  Protocol  between  the 
European Union, the European Community, the Swiss Confederation and the Principality 
of  Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between  the  European  Union,  the  European  Community  and  the  Swiss  Confederation  on 
the  Swiss  Confederation’s  association  with 
implementation,  application  and 
development  of  the  Schengen  acquis  on  behalf of  the  European  Union,  on  the  one  hand, 
and of the European Community, on the other hand. 

the 

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Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and on the provisional application of 
certain provisions of the Protocol between the European Union, the European 
Community, the Swiss Confederation and the Principality of Liechtenstein on the 
accession of the Principality of Liechtenstein to the 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 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 
27  February  2006,  negotiations  with  the  Principality  of  Liechtenstein  and  the  Swiss 
Confederation  of  a  Protocol  on  the  accession  of  Liechtenstein  to  the  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 have been finalised; 

Subject  to  its  conclusion  at  a  later  date,  it  is  desirable  to  sign  the  Protocol  that  was 
initialled in Brussels on 21 June 2006; 

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

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/EC4 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, mutatis mutandis, to 
the relations with Liechtenstein upon signature; 

(5) 

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

4 

OJ L 176 of 10.7.1999, p. 31. 

EN 

6 

   EN 

 
                                                 
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 acquis5; 

(6) 

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  European  Community  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 acquis6; 

HAS DECIDED AS FOLLOWS: 

Article 1 

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
designate  the  person  empowered  to  sign,  on  behalf  of  the  European  Union,  the  Protocol 
between  the  European  Union,  the  European  Community,  the  Swiss  Confederation  and  the 
Principality  of  Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the 
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 and related documents. 

The texts of the Protocol and the related documents are attached to this Decision. 

Article 2 

This decision applies to the fields covered by the provisions listed in Article 2 (1) and (2) of 
the  Protocol  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  is  has  been  determined  under 
Decision 1999/436/EC7, that they have such a base. 

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

Article 3 

5 
6 
7 

OJ L 131, 01.06.2000, p. 43 
OJ L 064, 07.03.2002, p.20 
OJ L 176 of 10.7.1999, p. 17. 

EN 

7 

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Article 4 

In accordance with Article 9 (2) of the Protocol, Articles 1, 4 and 5 (2) (a) first sentence of 
this Protocol and the rights and obligations set out in Articles 3 (1) (2) (3) and (4), 4, 5, and 6 
of  the  Agreement  on  the  Swiss  association  with  the  implementation,  application  and 
development of the Schengen acquis shall be applied on a provisional basis as of the time of 
signature of this Protocol, pending its entry into force. 

Done at Brussels, 

For the Council 
The President 

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8 

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Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, and on the provisional 
application of certain provisions of the Protocol between the European Union, the 
European Community, the Swiss Confederation and the Principality of Liechtenstein on 
the accession of the Principality of Liechtenstein to the 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 COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
62,  63  point  3  a)  and  b),  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 Commission8, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Following  the  authorization  given  to  the  Commission  on  27  February  2006, 
negotiations  with  the  Principality  of  Liechtenstein  and  the  Swiss  Confederation  of  a 
Protocol  on  the  accession  of  Liechtenstein  to  the  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 have been finalised; 

Subject  to  its  conclusion  at  a  later  date,  it  is  desirable  to  sign  the  Protocol  that  was 
initialled in Brussels on 21 June 2006; 

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

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/EC9 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, 
mutatis mutandis, to the relations with Liechtenstein upon signature; 

8 
9 

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

EN 

9 

   EN 

 
                                                 
(5) 

(6) 

(7) 

This  Decision  does  not  prejudice  the  position  of  the  United  Kingdom,  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 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 acquis10; 

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  European  Community  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 acquis11; 

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

HAS DECIDED AS FOLLOWS: 

Article 1 

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
designate the person empowered to sign, on behalf of the European Community, the Protocol 
between  the  European  Union,  the  European  Community,  the  Swiss  Confederation  and  the 
Principality  of  Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the 
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 and related documents. 

The texts of the Protocol and the related documents are attached to this Decision. 

Article 2 

This decision applies to the fields covered by the provisions listed in Article 2 (1) and (2) of 
the  Protocol  and  to  their  development  to  the  extent  that  such  provisions  have  a  legal  base 
within  the  Treaty  establishing  the  European  Community,  or  to  the  extent  that  is  has  been 
determined under Decision 1999/436/EC12, that they have such a base. 

Article 3 

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

10 
11 
12 

OJ L 131, 01.06.2000, p. 43 
OJ L 064, 07.03.2002, p.20 
OJ L 176 of 10.7.1999, p. 17. 

EN 

10 

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Article 4 

In accordance with Article 9 (2) of the Protocol, Articles 1, 4 and 5 (2) (a) first sentence of 
this Protocol and the rights and obligations set out in Articles 3 (1) (2) (3) and (4), 4, 5, and 6 
of  the  Agreement  on  the  Swiss  association  with  the  implementation,  application  and 
development of the Schengen acquis shall be applied on a provisional basis as of the time of 
signature of this Protocol, pending its entry into force. 

Done at Brussels, 

For the Council 
The President 

EN 

11 

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Proposal for a 

COUNCIL DECISION 

on the conclusion on behalf of the European Union of the Protocol between the 
European Union, the European Community, the Swiss Confederation and the 
Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the 
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 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) 

Following the authorization given to the Presidency, assisted by the Commission, on 
27  February  2006,  negotiations  with  the  Principality  of  Liechtenstein  and  the  Swiss 
Confederation  of  a  Protocol  on  the  accession  of  Liechtenstein  to  the  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 have been finalised; 

(2) 

According to Council Decision …./…./CE of ……2006, and subject to its conclusion 
at  a  later  date,  the  Protocol  has  been  signed  on  behalf  of  the  European  Union  on 
….2006; 

(3) 

This Protocol should be approved; 

(4) 

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/EC13  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, 
mutatis mutandis, to the relations with Liechtenstein; 

(5) 

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

13 

OJ L 176 of 10.7.1999, p. 31. 

EN 

12 

   EN 

 
                                                 
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 acquis14; 

(6) 

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  European  Community  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 acquis15; 

HAS DECIDED AS FOLLOWS: 

Article 1 

the  European  Union, 

The  Protocol  between 
the  Swiss 
Confederation  and  the  Principality  of  Liechtenstein  on  the  accession  of  the  Principality  of 
Liechtenstein to the 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  and  related  documents  are  hereby 
approved on behalf of the European Union. 

the  European  Community, 

The texts of the Protocol and the related documents are attached to this Decision. 

Article 2 

This decision applies to the fields covered by the provisions listed in Article 2 (1) and (2) of 
the  Protocol  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  is  has  been  determined  under 
Decision 1999/436/EC16, that they have such a base. 

The  provisions  of  Council  Decision  1999/437/EC  shall  apply,  in  the  same  way,  to  the 
association  of  Liechtenstein  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 9 
of the protocol, in order to express the consent of the European Union to be bound. 

Article 4 

14 
15 
16 

OJ L 131, 01.06.2000, p. 43 
OJ L 064, 07.03.2002, p.20 
OJ L 176 of 10.7.1999, p. 17. 

EN 

13 

   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 

14 

   EN 

 
 
 
2006/0251 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community, of the Protocol between the 
European Union, the European Community, the Swiss Confederation and the 
Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the 
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 COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
62,  63  point  3  a)  and  b),  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 Commission17, 

Having regard the opinion of the European Parliament, 

Whereas: 

(1) 

Following  the  authorization  given  to  the  Commission  on  27  February  2006, 
negotiations  with  the  Principality  of  Liechtenstein  and  the  Swiss  Confederation  of  a 
Protocol  on  the  accession  of  Liechtenstein  to  the  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 have been finalised; 

(2) 

According to Council Decision …./…./CE of ……2006, and subject to its conclusion 
at a later date, the Protocol has been signed on behalf of the European Community on 
….2006; 

(3) 

This protocol should 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/EC18 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 

17 
18 

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

EN 

15 

   EN 

 
                                                 
implementation,  application  and  development  of  the  Schengen  acquis  applicable, 
mutatis mutandis, to the relations with Liechtenstein; 

This  Decision  does  not  prejudice  the  position  of  the  United  Kingdom,  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 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 acquis19; 

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  European  Community  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 acquis20; 

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

(5) 

(6) 

(7) 

HAS DECIDED AS FOLLOWS: 

Article 1 

the  European  Union, 

The  Protocol  between 
the  Swiss 
Confederation  and  the  Principality  of  Liechtenstein  on  the  accession  of  the  Principality  of 
Liechtenstein to the 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  and  related  documents  are  hereby 
approved on behalf of the European Community. 

the  European  Community, 

The texts of the Protocol and the related documents are attached to this Decision. 

Article 2 

This decision applies to the fields covered by the provisions listed in Article 2 (1) and (2) of 
the  Protocol  and  to  their  development  to  the  extent  that  such  provisions  have  a  legal  base 
within  the  Treaty  establishing  the  European  Community,  or  to  the  extent  that  is  has  been 
determined under Decision 1999/436/EC21, that they have such a base. 

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

Article 3 

19 
20 
21 

OJ L 131, 01.06.2000, p. 43 
OJ L 064, 07.03.2002, p.20 
OJ L 176 of 10.7.1999, p. 17. 

EN 

16 

   EN 

 
                                                 
Article 4 

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 9 of the Protocol, in order to express the consent of the European Community to be 
bound. 

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 

 
 
 
Protocol 
between the European Union, the European Community, the Swiss Confederation 
and the Principality of Liechtenstein on the accession of the Principality of 
Liechtenstein to the 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  

and 

The European Community 

and 

The Swiss Confederation  

and 

The Principality of Liechtenstein, 

hereinafter referred to as "the Contracting Parties", 

HAVING  REGARD  TO  the  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  signed  on 
26.10.2004  and  its  article  16  that  provides  for  the  possibility  of  the  Principality  of 
Liechtenstein to accede to that Agreement via a protocol; 

CONSIDERING the geographical situation of the Principality of Liechtenstein  

CONSIDERING  the  close  ties  between  the  Principality  of  Liechtenstein  and  the  Swiss 
Confederation  expressed  by  an  area  without  internal  border  controls  between  the 
Principality of Liechtenstein and the Swiss Confederation.  

CONSIDERING  the  wish  of  the  Principality  of  Liechtenstein  to  respectively  maintain 
and establish an area without border control with all Schengen countries and therefore to 
be associated with 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  Norway22  associated  the  latter 
two  States  with  the  implementation,  application  and  development  of  the  Schengen 
acquis; 

WHEREAS  it  is  desireable  that  the  Principality  of  Liechtenstein  be  associated  on  an 
equal footing with Iceland, Norway and Switzerland in the implementation, application 
and development of the Schengen acquis; 

22 

OJ L 176, 10.7.1999, p. 36. 

EN 

18 

   EN 

 
                                                 
WHEREAS a protocol should be concluded between the European Union, the European 
Community, the Swiss Confederation and the Principality of Liechtenstein providing for 
Liechtenstein  rights  and  obligations  similar  to  those  agreed  between  the  Council  of  the 
European Union, of the one part, and Iceland and Norway, as well as Switzerland of the 
other part; 

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.23 

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 Protocol 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  Protocol  on  the  accession  of  the  Principality  of 
Liechtenstein  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 one of the Member States or in 
Switzerland 

BEARING IN MIND the link between the Schengen acquis and the Community acquis 
concerning  the  esablishement  of  criteria  and  meachnisms  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. 

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: 

23 

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

EN 

19 

   EN 

 
                                                 
Article 1 

In  accordance  with  Article  16  of  the  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  (hereinafter  referred  to  as  “Association  Agreement”),  the  Principality  of 
Liechtenstein (hereinafter referred to as "Liechtenstein") accedes to that agreement under 
the terms and conditions set out in this Protocol. 

This accession creates reciprocal rights and obligations between the Contracting Parties 
in accordance with the rules and procedures set out herein. 

Article 2 

1. 
The  provisions  of  the  Schengen  acquis  listed  in  Annex  A  and  Annex  B  to  the 
Association Agreement as they apply to the Member States of the European Union shall 
be  implemented  and  applied  by  Liechtenstein  under  the  conditions  envisaged  in  these 
Annexes. 

In addition, the provisions of the acts of the European Union and of the European 
2. 
Community  listed  in  the  Annex  to  this  Protocol  which  have  replaced  or  developed 
provisions of the Schengen acquis shall be implemented and applied by Liechtenstein. 

The  acts  and  measures  taken  by  the  European  Union  and  the  European 
3. 
Community amending or developing the provisions of the Schengen acquis, to which the 
procedures set out in the Association Agreement, in conjunction with this Protocol, have 
been  applied,  shall  also,  without  prejudice  to  Article  5,  be  accepted,  implemented  and 
applied by Liechtenstein. 

Article 3 

The rights and obligations set out in Articles 3 (1), (2), (3) and (4), 4, 5, 6, 8, 9, 10, 11 
(2),  (3)  and  (4),  and  Article  13  of  the  Association  Agreement  shall  apply  to 
Liechtenstein. 

Article 4 

The  office  of  the  President  of  the  Mixed  Committee  as  established  by  Article  3  of  the 
Association Agreement shall, at the level of experts be held by the representative of the 
European Union. At the level of senior officials and Ministers it shall alternately, for a 
period  of  six  months,  be  held  by  the  representative  of  the  European  Union  and  by  the 
representative of the Government of Liechtenstein or Switzerland. 

Article 5 

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 
Liechtenstein,  unless  those  acts  or  measures  explicitly  state  otherwise.  In  this  context, 

EN 

20 

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due account shall be taken of the period of time indicated by Liechtenstein in the Mixed 
Committee as being necessary to enable it to fulfil its constitutional requirements. 

2. 
(a) The Council of the European Union hereafter referred to as "the Council" shall 
notify  Liechtenstein  immediately  of  the  adoption  of  the  acts  or  measures  referred  to  in 
paragraph  1  to  which  the  procedures  set  out  in  this  Protocol  have  been  applied. 
Liechtenstein 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 
of  the  European  Communities  hereafter  referred  to  as  "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 Liechtenstein only 
after the fulfilment of constitutional requirements, Liechtenstein shall inform the Council 
and  the  Commission  of  this  at the  time  of  its  notification. Liechtenstein  shall  promptly 
inform the Council and the Commission in writing upon fulfilment of all constitutional 
requirements.  Where  a  referendum  is  not  required,  notification  shall  at  the  latest  take 
place  30  days  after  the  referendum  deadline  expires.  If  a  referendum  is  required, 
Liechtenstein  shall  have  18  months  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  Liechtenstein  and  until  it  has  given  notification  that  the  constitutional 
requirements  have  been  met,  Liechtenstein  shall,  where  possible,  implement  the  act  or 
measure in question on a provisional basis. 

If Liechtenstein 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  Liechtenstein  to 
ensure that Schengen cooperation operates smoothly. 

3. 
Acceptance by Liechtenstein of the acts and measures referred to in paragraph 2 
creates rights and obligations between Liechtenstein, 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, and Switzerland on the other hand. 

4. 

Where: 

(a)  Liechtenstein  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 Protocol have been 
applied; or 

(b) Liechtenstein does not carry out notification within the thirty-day time limit referred 
to in paragraph 2(a) or 

(c)  Liechtenstein  does  not  carry  out  the  notification  at  the  latest  30  days  after  the 
referendum  deadline  has  expired  or,  in  the  case  of  a  referendum,  within  the  18  months 
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 Protocol shall be considered terminated unless the Mixed Committee, after carrying 
out a careful examination of ways of continuing the Protocol, decides otherwise within 

EN 

21 

   EN 

 
ninety days. Termination of this Protocol 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, Liechtenstein 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  Liechtenstein,  would  not  be 
punishable  under  Liechtenstein  law  with  a  custodial  penalty.  In  that  case  this  Protocol 
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 Liechtenstein 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 624  

In  fulfilling  its  obligation  with  regard  to  the  [reference  to  the  legal  instruments 
establishing 
the  Schengen  Information  System  and  Visa  Information  System], 
Liechtenstein  may  use  the  technical  infrastructure  of  Switzerland  for  its  access  to  the 
Schengen Information System and the Visa Information System.  

Article 7 

As  regards  the  administrative  costs  associated  with  implementing  this  protocol, 
Liechtenstein  shall  make  an  annual  contribution  to  the  general  budget  of  the  European 
Communities of 0.071% of an amount of EUR 8 100 000, subject to annual adjustment to 
reflect inflation in the European Union.  

Article 8 

This Protocol shall not affect the Agreement on the European Economic Area or 

1. 
any other agreement concluded between the European Community and Liechtenstein. 

24 

If the legal instruments SIS and VIS are not adopted before the signature of the protocol, the 
article  would  read  as  follows:  in  fulfilling  its  obligation  with  regard  to  the  legal  instruments 
establishing the Schengen Information System II and the Visa Information System, Liechtenstein 
may use the technical infrastructure of Switzerland for its access to these systems. 

EN 

22 

   EN 

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

3. 
This  Protocol  shall  not  affect  in  any  respect  any  future  agreements  concluded 
with  Liechtenstein  by  the  European  Community,  or  between  the  European  Community 
and its Member States, of the one part, and Liechtenstein, of the other part, or agreements 
concluded on the basis of Articles 24 and 38 of the Treaty on European Union. 

4. 
This  Protocol  shall  not  affect  the  agreements  between  Liechtenstein  and 
Switzerland in so far as they are compatible with this Protocol. If these agreements are 
incompatible with this Protocol, the latter shall prevail. 

Article 9 

1. 
This  Protocol  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 Protocol. 

2. 
Articles  1,  4  and  5  (2)  (a)  first  sentence  of  this  Protocol  and  the  rights  and 
obligations  set  out  in  Articles  3  (1)  (2)  (3)  and  (4),  4,  5,  and  6  of  the  Association 
Agreement shall apply provisionally to Liechtenstein as of the time of signature of this 
Protocol. 

With respect to acts or measures adopted after this Protocol has been signed but 
3. 
before  it  enters  into  force,  the  thirty-day  period  referred  to  in  Article 5(2)(a),  last 
sentence shall start to run from the day of entry into force of this Protocol. 

Article 10 

1. 
The provisions referred to in Article 2 shall be put into effect by Liechtenstein 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 referred to in Article 
2  after  consulting  the  Mixed  Committee  and  after  having  satisfied  itself  that  the 
preconditions  for  implementation  of  the  relevant  provisions  have  been  fulfilled  by 
Liechtenstein.  

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  their  Treaty  of  Accession,  only  some  of  the  provisions 
referred to in Article 2 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. 

EN 

23 

   EN 

 
2. 
Implementation of the provisions referred to in paragraph 1 shall create rights and 
obligations  between  Switzerland  and  Liechtenstein,  on  the  one  part  and  between 
Liechtenstein,  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, on 
the other part.  

3. 
This Protocol shall be applied only if the Agreements referred to in Article 13 of 
the  Association  Agreement  that  need  to  be  concluded  by  Liechtenstein  are  also 
implemented. 

4. 
Moreover,  this  Protocol  shall  be  applied  only  if  the  Protocol  between  the 
European Community, the Swiss Confederation and the Principality of Liechtenstein on 
the accession of the Principality of Liechtenstein 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 in Switzerland is also implemented.  

Article 11 

1. 
This  Protocol  may  be  denounced  by  Liechtenstein  or  by  Switzerland  or  by 
decision  of  the  Council  acting  by  unanimity  of  its  Members.  The  depositary  shall  be 
notified of denunciation, which shall take effect six months after notification. 

2. 
In  case  of  denunciation  of  this  Protocol  or  the  Association  Agreement  by 
Switzerland or the termination of the Association Agreement with respect to Switzerland 
the  Association  Agreement  and  this  Protocol  shall  remain  in  force  with  respect  to  the 
relations between the European Union and the European Community on the one part and 
Liechtenstein on the other part. In such a case, the Council shall decide after consultation 
of  Liechtenstein  on  the  necessary  measures.  However,  these  measures  shall  be  binding 
upon Liechtenstein only if they are accepted by it. 

3. 
This  Protocol  shall  be  considered  to  have  been  terminated  if  Liechtenstein 
terminates one of the agreements referred to in Article 13 of the Association Agreement 
that have been concluded by Liechtenstein or the Protocol referred to in Article 10 (4). 

Article 12 

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

In witness whereof, the undersigned plenipotentiaries have hereunto set their hands. 

Done at… on…  

EN 

24 

   EN 

 
Annex  to  the  protocol  on  the  accession  of  the  Principality  of  Liechtenstein  to  the 
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. 

Liechtenstein  will  apply  the  following  acts  from  the  date  set  by  the  Council  in 
accordance with Article 10. 

–  Council  Regulation  No 2007/2004/EC  of  26  October  2004  establishing  a  European 
Agency  for  the  Management  of  Operational  Cooperation  at  the  External  Borders  of 
the Member States of the European Union (OJ L 349 of 25.11.2004, p. 1); 

–  Council  Regulation  No 2133/2004/EC  of  13  December  2004  on  the  requirement  for 
the  competent  authorities  of  the  Member  States  to  stamp  systematically  the  travel 
documents  of  third  country  nationals  when  crossing  the  external  borders  of  the 
Member  States  and  amending  the  provisions  of  the  Convention  implementing  the 
Schengen Agreement and the common manual to this end (OJ L 369 of 16.12.2004, p. 
5) 

–  Council Regulation No 2252/2004/EC of 13 December 2004 on standards for security 
features  and  biometrics  in  passports  and  travel  documents  issued  by  Member  States 
(OJ L 385 of 29.12.2004, p. 1); Commission Decision of 28.2.2005 laying down the 
technical  specifications  on  the  standards  for  security  features  and  biometrics  in 
passports and travel documents issued by Member States (C(2005) 409 final) 

–  Council Decision No 2005/211/JHA of 24 February 2005 concerning the introduction 
of  some  new  functions  for  the  Schengen  Information  System,  including  in  the  fight 
against terrorism (OJ L 68 of 15.3.2005, p. 44),  

–  Council Decision 2005/719/JHA of 12 October 2005 fixing the date of application of 
certain  provisions  of  Decision  2005/211/JHA  concerning  the  introduction  of  some 
new  functions  for  the  Schengen  Information  System,  including  in  the  fight  against 
terrorism (OJ L 271 of 15.10.2005, p. 54),  

–  Council Decision 2005/727/JHA of 12 October 2005 fixing the date of application of 
certain  provisions  of  Decision  2005/211/JHA  concerning  the  introduction  of  some 
new  functions  for  the  Schengen  Information  System,  including  the  fight  against 
terrorism (OJ L 273 of 19.10.2005, p. 25),  

–  Council  Decision  2006/228/JHA  of  9  March  2006  fixing  the  date  of  application  of 
certain  provisions  of  Decision  2005/211/JHA  concerning  the  introduction  of  some 
new  functions  for  the  Schengen  Information  System,  including  the  fight  against 
terrorism (OJ L 81 of 18.3.2006, p. 45),  

–  Council  Decision  2006/229/JHA  of  9  March  2006  fixing  the  date  of  application  of 
certain  provisions  of  Decision  2005/211/JHA  concerning  the  introduction  of  some 
new  functions  for  the  Schengen  Information  System,  including  in  the  fight  against 
terrorism (OJ L 81 of 18.3.2006, p. 46); 

EN 

25 

   EN 

 
–  Council Decision N° 2005/267/EC of 16 March 2005 establishing a secure web-based 
Information  and  Coordination  Network  for  Member  States’  Migration  Management 
Services (OJ L 83 of 1.4.2005, p. 48) 

–  Council  Regulation  (EC)  No 851/2005  of  2  June  2005  amending  Regulation  (EC) 
No 539/2001 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 as regards the reciprocity mechanism (OJ L 141 of 4.6.2005, p. 3) 

–   

Council Decision 2005/451/JHA of 13 June 2005 fixing the date of application of 
certain  provisions  of  Regulation  (EC)  No 871/2004  concerning  the  introduction  of 
some  new  functions  for  the  Schengen  Information  System,  including  in  the  fight 
against terrorism (OJ L 158 of 21.6.2005, p. 26) 

–  Regulation  (EC)  No  1160/2005  of  the  European  Parliament  and  of  the  Council  of 
6 July  2005  amending  the  Convention  implementing  the  Schengen  Agreement  of 
14 June 1985 on the gradual abolition of checks at common borders, as regards access 
to the Schengen Information System by the services in the Member States responsible 
for issuing registration certificates for vehicles (OJ L 191 of 22.7.2005, p. 18) 

–  Recommendation  2005/761/EC  of  the  European  Parliament  and  of  the  Council  of 
28 September 2005 to facilitate the issue by the Member States of uniform short-stay 
visas  for  researchers  from  third  countries  travelling  within  the  Community  for  the 
purpose of carrying out scientific research (OJ L 289 of 3.11.2005, p. 23) 

–  Council Decision 2005/728/JHA of 12 October 2005 fixing the date of application of 
certain  provisions  of  Regulation  (EC)  No 871/2004  concerning  the  introduction  of 
some  new  functions  for  the  Schengen  Information  System,  including  in  the  fight 
against terrorism (OJ L 273 of 19.10.2005, p. 26) 

–  Regulation  (EC)  No 2046/2005  of  the  European  Parliament  and  of  the  Council  of 
14 December  2005  relating  to  measures  envisaged  to  facilitate  the  procedures  for 
applying for and issuing visas for members of the Olympic family taking part in the 
2006 Olympic and/or Paralympic Winter Games in Turin (OJ L 334 of 20.12.2005, p. 
1) 

–  Regulation  (EC)  No 562/2006  of  the  European  Parliament  and  of  the  Council  of 
15 March 2006 establishing a Community Code on the rules governing the movement 
of persons across borders (Schengen Borders Code) (OJ L 105 of 13.4.2006, p.1) 

–  Council Decision  2006/440/EC of 1 June 2006 amending Annex 12 to the Common 
Consular  Instructions  and  Annex  14a  to  the  Common  Manual  on  the  fees  to  be 
charged corresponding to the administrative costs of processing visa applications (OJ 
L 175 of 29.6.2006, p. 77) 

–  Council  Decision  (2006/628/EC)  of  24  July  2006  fixing  the  date  of  application  of 
Article  1(4)  and  (5)  of  Regulation  (EC) No 871/2004  concerning the  introduction of 
some  new  functions  for  the  Schengen  Information  System,  including  in  the  fight 
against terrorism (OJ L 256 of 20.9.2006, p. 15) 

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–  Council  Decision  2006/631/JHA  of  24  July  2006  fixing  the  date  of  application  of 
certain  provisions  of  Decision  2005/211/JHA  concerning  the  introduction  of  some 
new  functions  for  the  Schengen  Information  System,  including  in  the  fight  against 
terrorism (OJ L 256 of 20.9.2006, p. 18) 

–  Commission  Decision  (2006/648/EC)  of  22  September  2006  laying  down  the 
technical  specifications  on  the  standards  for  biometric  features  related  to  the 
development  of  the  Visa  Information  System  (notified  under  document  number 
C(2006) 3699), (OJ L 267 of 27.9.2006, p.41 and corrigendum OJ L 271 of 30.9.2006, 
p. 85) 

–  Council Decision (2006/684/EC) of 5 October 2006 amending Annex 2, Schedule A, 
to  the  Common  Consular  Instructions  on  the  visa  requirements  for  holders  of 
Indonesian diplomatic and service passports (OJ L 208 of 12.10.2006, p. 29) 

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Joint declarations of the Contracting parties: 

Joint  declaration  of  the  Contracting  parties  on  the  European  Agency  for  the 
Management  of  Operational  Cooperation  at  the  External  Borders  of  the  Member 
States of the European Union: 

The  Contracting  Parties  take  note  that  further  arrangements  shall  be  concluded  for  the 
association  of  Switzerland  and  Liechtenstein  to  the  European  Agency  for  the 
Management of Operational Cooperation at the External Borders of the Member States of 
the European Union following the example of the arrangements agreed with Norway and 
Iceland. 

Joint declaration of the Contracting parties on Article 23 (7) of the Convention of 29 
May 2000 on mutual assistance in criminal matters between Member States of the 
European Union 

The Contracting Parties agree that Liechtenstein 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  Liechtenstein  in  proceedings  in  which  Liechtenstein  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,  Liechtenstein  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. 

Other declarations: 

Declaration by European Community and Liechtenstein on external relations 

The  European  Community  and  Liechtenstein  agree  that  the  European  Community 
undertakes  to  encourage  third  countries  or  international  organisations  with  which  it 
concludes agreements in areas linked to Schengen cooperation including the visa policy 
to conclude similar agreements with the Principality of Liechtenstein, without prejudice 
to the latter’s competence to conclude such agreements. 

Declaration by Liechtenstein on mutual assistance in criminal matters 

Liechtenstein  declares  that  tax  offences  being  investigated  by  the  Liechtenstein 
authorities  may  not  give  rise  to  an  appeal  before  a  court  competent  inter  alia  to  hear 
criminal matters. 

Declaration  by  Liechtenstein  on  Article  5  (2)(b)  (Time  limit  for  accepting  new 
developments in the Schengen acquis) 

The  maximum  time  limit  of  18  months  laid  down  in  Article  5(2)(b)  covers  both  the 
approval and the implementation of the act or measure. It includes the following stages: 

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–  the preparatory stage 

–  the parliamentary procedure 

–  the referendum deadline of 30 days  

–  where applicable the referendum (organisation and voting) 

–  the sanctioning of the ruling prince. 

The Government of Liechtenstein shall inform the Council and the Commission without 
delay of the completion of each of the stages. 

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

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

Liechtenstein 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  by  the  European  Community  on  the  External  Borders  Fund  for  the 
period 2007-2013:  

The  European  Community  is  currently  establishing  an  External  Borders  Fund  for  the 
period  2007-2013,  for  which  further  arrangements  shall  be  concluded  with  the  third 
countries associated with the Schengen acquis. 

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 Liechtenstein. 

Participation in Committees that assist the European Commission in the exercise of 
its executive powers: 

The  Council  authorized  the  Commission  on  1  June  2006  to  open  negotiations  with  the 
Republic  of  Iceland,  the  Kingdom  of  Norway,  the  Swiss  Confederation  and  the 
Principality  of  Liechtenstein  with  a  view  to  concluding  an  agreement  on  the  latters’ 
association  with  the  work  of  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.  

Until  conclusion  of  such  an  agreement,  the  agreement  in  the  form  of  an  exchange  of 
letter  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 
applies  to  Liechtenstein  taking  into  account  that  as  far  as  Directive  95/46/EC  of  the 

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European  Parliament  and  of  the  Council  of  24  October  1995  on  the  protection  of 
individuals with regard to the processing of personal data and the free movement of such 
data  is  concerned,  the  participation  of  Liechtenstein  is  laid  down  by  Article  100  of  the 
Agreement on the European Economic Area. 

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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, 

The delegation representing the government of the Principality of Liechtenstein, 

Note that Liechtenstein accedes to the Mixed Committee established by agreement on the 
association of Switzerland with the implementation, application and development of the 
Schengen acquis via a protocol to this agreement. 

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  as  complemented  by  the  Protocol  on  the  association  of 
Liechtenstein, 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 as complemented 
by the Protocol  on  the  association of  Liechtenstein 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 and as of the entry into force of the 
Protocol on the association of Liechtenstein. 

Done at 

on 

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