2008/261/EC: Council Decision of 28 February 2008 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
Date: 2008-02-28
Institutions: Council of the European Union
Subjects: Liechtenstein, Schengen Agreement, Switzerland, free movement of persons, interim agreement (EU), protocol to an agreement, ratification of an agreement

26.3.2008

EN

Official Journal of the European Union

L 83/3

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

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 28 February 2008

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

(2008/261/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular Articles 62, 63, points 3(a)
and (b), Articles 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 Commission,

Whereas:

(1)

On 27 February 2006,
the Council authorised nego-
tiations with the Principality of Liechtenstein and the
Swiss Confederation concerning a Protocol on the
of
accession of
Liechtenstein to the Agreement
26 October 2004 between the European Union,
the
European Community and the Swiss Confederation on
the Swiss Confederation's association with the implemen-
the Schengen
tation, application and development of
acquis (hereinafter referred to as the Protocol and the
Agreement, respectively). Those negotiations have been
finalised, and the Protocol was initialled in Brussels on
21 June 2006.

(2)

Subject to its conclusion at a later date, it is desirable to
sign the Protocol.

(3)

(4)

(5)

The Protocol envisages the temporary application of
certain of
its provisions. Those provisions should be
applied on a temporary basis pending the Protocol's
entry into force.

the Treaty
is

Insofar as the development of the Schengen acquis which
falls under
European
establishing
is
Community
appropriate upon
to make Decision
signature
1999/437/EC (1) apply, mutatis mutandis,
to relations
with the Principality of Liechtenstein.

concerned,
the

it
Protocol

the

of

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).

the Agreement concluded by the Council of

(1) Council Decision of 17 May 1999 on certain arrangements for the
application 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 (OJ L 176, 10.7.1999, p. 31).

(2) OJ L 131, 1.6.2000, p. 43.

L 83/4

EN

Official Journal of the European Union

26.3.2008

(6)

(7)

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
Council
Community
the
Decision 2002/192/EC of 28 February 2002 concerning
Ireland's request to take part in some of the provisions of
the Schengen acquis (1).

European

and

the position of
This Decision does not prejudice
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 2

This Decision applies to the fields covered by the provisions
listed in Article 2(1) and (2) of the Protocol and to their deve-
lopment to the extent that such provisions have a legal base
within the Treaty establishing the European Community, or to
the extent that it has been determined under Council Decision
1999/436/EC (3), that they have such a base.

Article 3

The provisions of Articles 1 to 4 of Decision 1999/437/EC shall
apply, mutatis mutandis, to the association of Liechtenstein with
the
the
Schengen acquis, which falls under the Treaty establishing the
European Community.

application and development of

implementation,

Article 1

Article 4

is hereby authorised to designate

Subject to its conclusion at a later date, the President of the
Council
the person(s)
empowered to sign, on behalf of the European Community,
the European
the Protocol between the European Union,
Community, the Swiss Confederation and the Principality of
Liechtenstein on the accession of
the Principality of Liech-
tenstein 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
attached to this Decision (2).

the Protocol and the related documents are

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

Done at Brussels, 28 February 2008.

For the Council
The President

D. MATE

(1) OJ L 64, 7.3.2002, p. 20.
(2) Council document 16462/06; accessible on

http://register.consilium.europa.eu

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