Council Decision of 28 January 2008 on the conclusion on behalf of the European Union 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), ratification of an agreement

L 53/50

EN

Official Journal of the European Union

27.2.2008

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

COUNCIL DECISION

of 28 January 2008

on the conclusion on behalf of the European Union 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

(2008/149/JHA)

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)

(2)

Following the authorisation given to the Presidency, assisted
by the Commission, on 17 June 2002, negotiations with
the Swiss Authorities, regarding the association of Switzer-
land with the implementation, application and develop-
ment of the Schengen acquis have been concluded.

In accordance with Council Decision 2004/849/EC (1), 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.

(3)

The Agreement should now be approved.

(4) As far as the development of the Schengen acquis, which
falls under Title VI of the Treaty on European Union, 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 (2), 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/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 (3).

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 2002/193/
EC of 28 February 2002 concerning Ireland's request to
take part
the Schengen
acquis (4),

the provisions of

in some of

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, 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 Mixed Committees are hereby
approved on behalf of the European Union.

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

(1) OJ L 368, 17.12.2004, p. 78.
(2) OJ L 176, 10.7.1999, p. 31.

(3) OJ L 131, 1.6.2000, p. 43.
(4) OJ L 64, 7.3.2002, p. 20.

27.2.2008

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Official Journal of the European Union

L 53/51

Article 2

This Decision applies to the fields covered by the provisions
listed in Annexes A and B of the Agreement and to their
development to the extent that such provisions have, or,
in
accordance with Decision 1999/436/EC (1), have been deter-
mined to have, a legal base within the Treaty on European Union.

Article 3

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

Article 4

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

Article 5

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

Done at Brussels, 28 January 2008.

For the Council

The President

D. RUPEL

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