2008/146/EC: Council Decision of 28 January 2008 on the conclusion, on behalf of the European Community, 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
Date: 2008-01-28
Institutions: Council of the European Union
Subjects: Schengen Agreement, Switzerland, agreement (EU), free movement of persons, ratification of an agreement

27.2.2008

EN

Official Journal of the European Union

L 53/1

II

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

DECISIONS

COUNCIL

COUNCIL DECISION

of 28 January 2008

on the conclusion, on behalf of the European Community, 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

(2008/146/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

The Agreement should now be approved.

Having regard to the Treaty establishing the European Commu-
the first
nity, and in particular Article 62, point 3 of
subparagraph of Article 63, and Articles 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 Commission,

Having regard the opinion of the European Parliament (1),

Whereas:

(1)

(2)

Following the authorisation given to the Commission on
17 June 2002, negotiations with the Swiss Authorities,
regarding the association of Switzerland with the imple-
mentation, application and development of the Schengen
acquis have been concluded.

In accordance with Council Decision 2004/860/EC (2), and
subject to its conclusion at a later date, 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 has been signed on
behalf of the European Community on 26 October 2004.

(4) As far as the development of the Schengen acquis, which
falls under the Treaty establishing the European Commu-
nity, is concerned the provisions of Council Decision 1999/
437/EC of 17 May 1999 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
the Schengen acquis (3), apply mutatis
development of
mutandis to relations with Switzerland.

(5)

(6)

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 Deci-
sion 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 (4).

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
the Schengen
acquis (5)

the provisions of

in some of

(1) Opinion of 13 October 2005 (not yet published in the Official

Journal).

(2) OJ L 370, 17.12.2004, p. 78.

(3) OJ L 176, 10.7.1999, p. 31.
(4) OJ L 131, 1.6.2000, p. 43.
(5) OJ L 64, 7.3.2002, p. 20.

L 53/2

EN

Official Journal of the European Union

27.2.2008

(7)

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

in
development to the extent that such provisions have, or,
accordance with Decision 1999/436/EC (2), have been deter-
mined to have, a legal base within the Treaty establishing the
European Community.

HAS DECIDED AS FOLLOWS:

Article 1

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 the related
documents consisting of the Final Act, of the Agreement in
the form of an Exchange of Letters on the Committees that assist
the Commission in the exercise of its executive powers, and the
Joint Declaration on joint meetings of the Mixed Committees are
hereby approved on behalf of the European Community.

The text of the Agreement, the Final Act, the Exchange of Letters,
and the Joint Declaration are attached to this Decision (1).

Article 3

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

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 14 of the Agreement, in order to express the consent
of the Community to be bound.

Article 5

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

Article 2

Done at Brussels, 28 January 2008.

This Decision applies to the fields covered by the provisions
listed in Annexes A and B of the Agreement and to their

For the Council

The President

D. RUPEL

(1) See page 52 of this Official Journal.

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