2008/262/EC: Council Decision of 28 February 2008 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
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 83/5

COUNCIL DECISION

of 28 February 2008

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,

(5)

(2008/262/EC)

Having regard to the Treaty on European Union, and in
particular Articles 24 and 38 thereof,

Whereas:

the Protocol

This Decision does not prejudice the position of
the
United Kingdom, under
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 acquis (2).

(1)

(2)

(3)

(4)

On 27 February 2006,
the Council authorised the
Presidency, assisted by the Commission, to open 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-
tation, application and development of
the Schengen
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.

(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
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 acquis (3),

European Community

HAS DECIDED AS FOLLOWS:

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

Article 1

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.

Insofar as the development of the Schengen acquis which
falls under Title VI of the Treaty on European Union is
the
is appropriate upon signature of
concerned,
to make Council Decision 1999/437/EC (1)
Protocol
apply, mutatis mutandis, to relations with the Principality
of Liechtenstein.

it

(1) Decision of 17 May 1999 on certain arrangements for the appli-
cation 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 implemen-
the Schengen acquis (OJ
tation, application and development of
L 176, 10.7.1999, p. 31).

the

between

European Union,

the European Union,

is hereby authorised to designate

Subject to its conclusion at a later date, the President of the
the person(s)
Council
the
empowered to sign, on behalf of
Protocol
European
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,
the Schengen acquis and
application and development of
related documents.

the

The texts of
attached to this Decision (4).

the Protocol and the related documents are

(2) OJ L 131, 1.6.2000, p. 43.
(3) OJ L 64, 7.3.2002, p. 20.
(4) Council document 16462/06; accessible on

http://register.consilium.europa.eu

L 83/6

EN

Official Journal of the European Union

26.3.2008

Article 2

Article 4

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 on European Union, or to the extent that it
has been determined under Council Decision 1999/436/EC (1),
that they have such a base.

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), and 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.

Article 3

Done at Brussels, 28 February 2008.

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 Title VI of the Treaty on
European Union.

application and development of

implementation,

For the Council
The President

D. MATE

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