2008/265/EC: Decision No 1/2008 of the EU/Switzerland Mixed Committee established by the Agreement concluded between the European Union, the European Community and the Swiss Confederation concerning the latter’s association in the implementation, application and development of the Schengen acquis of 28 February 2008 amending its Rules of Procedure
Date: 2008-02-28
Institutions: EU–Switzerland Joint Committee
Subjects: Switzerland, committee (EU), rules of procedure

26.3.2008

EN

Official Journal of the European Union

L 83/37

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

DECISION No 1/2008 OF THE EU/SWITZERLAND MIXED COMMITTEE ESTABLISHED BY THE
AGREEMENT CONCLUDED BETWEEN THE EUROPEAN UNION, THE EUROPEAN COMMUNITY
AND THE SWISS CONFEDERATION CONCERNING THE LATTER’S ASSOCIATION IN THE
IMPLEMENTATION, APPLICATION AND DEVELOPMENT OF THE SCHENGEN ACQUIS

of 28 February 2008

amending its Rules of Procedure

(2008/265/EC)

THE MIXED COMMITTEE,

— at the level of senior officials and Ministers:

Having regard to the Protocol (1) 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 concluded between the
European Union,
the European Community and the Swiss
Confederation concerning the latter’s association in the imple-
mentation, application and development of the Schengen acquis
(hereinafter the ‘Protocol’ and the ‘Agreement’, respectively), and
in particular Articles 3 and 4 of the Protocol,

the

following

signature of

Protocol,
the Mixed Committee set up under

the
Whereas
membership of
the
Agreement is to be extended with a representative of the Prin-
cipality of Liechtenstein, which is to be reflected in the Rules of
Procedure of the Mixed Committee,

the

HAS DECIDED AS FOLLOWS:

Article 1

The Rules of Procedure of the Mixed Committee adopted by its
Decision No 1/2004 of 26 October 2004 (2) are hereby
amended as follows:

in the first six months of the year: by the delegation
representing the member of
the Council holding the
Presidency;

in the second six months of the year: alternately, by the
delegation representing the Government of Switzerland
(hereinafter the Swiss delegation) and by the delegation
representing the Government of Liechtenstein (hereinafter
the Liechtenstein delegation).

The delegation representing the member of the Council
holding the Presidency may cede the chair of the Mixed
Committee to the delegation representing the member of
the Council which will hold the next Presidency. The
Swiss delegation as well as the Liechtenstein delegation
may cede the chair of the Mixed Committee meeting at
the level of senior officials and Ministers to another dele-
gation prepared to perform that function.’;

1. Article 1 shall be replaced by the following:

2.

in Article 4, the following paragraph shall be added:

‘Article 1

The Mixed Committee shall be composed of representatives
of the Government of the Swiss Confederation (hereinafter
Switzerland) and the Principality of Liechtenstein (hereinafter
Liechtenstein), the members of the Council of the European
Union (hereinafter the Council) and the Commission of the
European Communities (hereinafter the Commission).

The Committee shall be chaired:

— at the level of experts:

by the delegation representing the member of
Council holding the Presidency thereof,

the

‘If, in a case contemplated in Article 5(4) of the Protocol, the
Liechtenstein delegation considers that the content of an act
or measure is of a nature to affect the principles of direct
democracy, a meeting of the Mixed Committee at ministerial
level shall be convened by or at the request of Liechtenstein
within three weeks. The Mixed Committee shall carefully
examine all ways to continue the Protocol,
in particular
any alternative solutions proposed by the Liechtenstein dele-
gation. If, after an in-depth examination within the period
referred to in Article 5(4) of
the Mixed
Committee does not accept such ways, termination of the
Protocol shall take effect three months after expiry of that
period.’;

the Protocol,

(1) Council document 16462/06; accessible on

http://register.consilium.europa.eu

(2) OJ C 308, 14.12.2004, p. 2.

3.

‘and Liech-
in the first and second paragraphs of Article 5,
tenstein’ shall be added after ‘representatives of Switzerland’;

L 83/38

EN

Official Journal of the European Union

26.3.2008

4.

in the second paragraph of Article 6 ‘and Liechtenstein’ shall
be added after ‘Switzerland’;

5. the first paragraph of Article 9 shall be replaced by the

following:

‘Notifications made by the Chairperson in accordance with
these Rules of Procedure shall be addressed to the Swiss
mission to the European Communities as well as to the
mission of Liechtenstein to the European Union,
to the
representations of
the European
Union and to the Commission.’;

the Member States of

6. Article 13 shall be replaced by the following:

‘Article 13

Where the Mixed Committee has been notified in accordance
with Article 7(4) of the Agreement or Article 5(4) of the
Protocol, any decision by the Mixed Committee to continue
the Agreement or the Protocol shall require unanimity.

Where the termination of the Agreement or the Protocol
results from non-acceptance of an act or a measure which
does not apply to Ireland and/or the United Kingdom, their
respective representatives may not oppose unanimity.’.

Article 2

This Decision shall take effect on the date of its adoption.

Article 3

This Decision shall be published in the Official Journal of the
European Union.
Liechtenstein shall be
respective
responsible for
countries.

and
its official publication in their

Switzerland

Done at Brussels, 28 February 2008.

For the Mixed Committee
The Chairperson

D. MATE