2008/421/EC: Council Decision of 5 June 2008 on the application of the provisions of the Schengen acqui s relating to the Schengen Information System in the Swiss Confederation
Date: 2008-06-05
Institutions: Council of the European Union
Subjects: Schengen Information System, Switzerland, exchange of information

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COUNCIL DECISION

of 5 June 2008
on the application of the provisions of the Schengen acquis relating to the Schengen Information
System in the Swiss Confederation

(2008/421/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Agreement between the European Union,
and the Swiss Confederation
the European Community
concerning the Swiss Confederation's association with the
implementation,
the
Schengen acquis (hereinafter referred to as the Agreement) (1),
which was signed on 26 October 2004 (2) and entered into
force on 1 March 2008 (3), and in particular Article 15(1)
thereof,

development

application,

and

of

The entry into force of this Decision should allow for
real SIS data to be transferred to the Swiss Confederation.
The concrete use of that data should allow the Council,
through the applicable Schengen evaluation procedures
as set out in SCH/Com-ex (98) 26 def., to verify the
correct application of the provisions of the Schengen
acquis relating to the SIS in the Swiss Confederation.
Once those evaluations have been carried out,
the
Council
should decide on the lifting of checks at
internal borders with the Swiss Confederation.

Whereas:

(1)

the Agreement provides

the
Article 15(1) of
the Schengen acquis shall apply in the
provisions of
to a Council
Swiss Confederation only pursuant
Decision to that
the
necessary conditions for the application of that acquis
have been met;

after verification that

effect

that

(5)

the
The Agreement between the Swiss Confederation,
Republic of
Iceland and the Kingdom of Norway
concerning the implementation, application and develop-
ment of the Schengen acquis and concerning the criteria
and mechanisms for establishing the State responsible for
examining a request for asylum lodged in Switzerland,
Iceland or Norway stipulates that it shall be put into
effect in respect of the implementation, application and
development of the Schengen acquis on the same date as
the Agreement is put into effect.

(2)

The Council has verified that the Swiss Confederation
ensures satisfactory levels of data protection by taking
the following steps:

(6)

A separate Council Decision should be taken setting a
date for the lifting of checks on persons at
internal
borders. Until the date of the lifting of checks set out
in that Decision, certain restrictions on the use of the SIS
should be imposed,

A full questionnaire was forwarded to the Swiss Confed-
eration, whose replies were recorded, and verification and
evaluation visits were made to the Swiss Confederation,
in accordance with the applicable Schengen evaluation
procedures as set out in the Decision of the Executive
Committee setting up a Standing Committee on the
evaluation and implementation of Schengen (hereinafter
referred to as SCH/Com-ex (98) 26 def.) (4), in the area of
Data Protection.

(3)

On 5 June 2008, the Council concluded that the Swiss
Confederation had fulfilled the conditions in this area. It
is therefore possible to set a date from which the
Schengen acquis relating to the Schengen Information
System (hereinafter referred to as the SIS) may apply to
it.

(1) OJ L 53, 27.2.2008, p. 52.
(2) Council Decisions 2004/849/EC (OJ L 368, 15.12.2004, p. 26) and

2004/860/EC (OJ L 370, 17.12.2004, p. 78).

(3) Council Decisions 2008/146/EC (OJ L 53, 27.2.2008, p. 1) and

2008/149/JHA (OJ L 53, 27.2.2008, p. 50).

(4) OJ L 239, 22.9.2000, p. 138.

HAS DECIDED AS FOLLOWS:

Article 1

its

relations with

Belgium,
the

the Kingdom of

the Kingdom of Spain,

the Kingdom of Denmark,

The provisions of the Schengen acquis relating to the SIS,
1.
as referred to in Annex I, shall apply to the Swiss Confederation
the
in
Federal
Czech Republic,
the Republic of Estonia, the Hellenic
Republic of Germany,
Republic,
the
Italian Republic,
the Republic of
the Republic of Latvia,
Lithuania, the Grand Duchy of Luxembourg, the Republic of
Hungary, the Republic of Malta, the Kingdom of the Neth-
erlands, the Republic of Austria, the Republic of Poland, the
Portuguese Republic,
the Slovak
the Republic of Slovenia,
Republic,
the Republic of Finland, and the Kingdom of
Sweden from 14 August 2008.

the French Republic,

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the Kingdom of Spain,

the Kingdom of Denmark,

The provisions of the Schengen acquis relating to the SIS,
2.
as referred to in Annex II, shall apply to the Swiss Confed-
the
eration in its relations with the Kingdom of Belgium,
Czech Republic,
Federal
the Republic of Estonia, the Hellenic
Republic of Germany,
Republic,
the
Italian Republic,
the Republic of
the Republic of Latvia,
Lithuania, the Grand Duchy of Luxembourg, the Republic of
Hungary, the Republic of Malta, the Kingdom of the Neth-
erlands, the Republic of Austria, the Republic of Poland, the
Portuguese Republic,
the Slovak
the Republic of Slovenia,
Republic,
the Republic of Finland, and the Kingdom of
Sweden from the date laid down in those provisions.

the French Republic,

the

(a) shall not be obliged to refuse entry to its territory to or to
expel nationals of third States for whom an SIS alert has
been issued by a Member State for the purpose of refusing
entry;

(b) shall refrain from entering the data covered by Article 96 of
the Convention of 19 June 1990 implementing the
Schengen Agreement of 14 June 1985 between the
Governments of the States of Benelux Economic Union,
the Federal Republic of Germany and the French Republic
their common
on the gradual abolition of checks at
borders (1)
Schengen
the
to as
Convention).

(hereinafter

referred

From 9 June 2008 real SIS data may be transferred to the

3.
Swiss Confederation.

Article 2

This Decision shall enter into force on the day of its publication
in the Official Journal of the European Union.

From 14 August 2008, the Swiss Confederation will be able to
enter data into the SIS and use SIS data, subject to paragraph 4.

Done at Luxembourg, 5 June 2008.

Until the date of the lifting of checks at internal borders

4.
with the Swiss Confederation, the Swiss Confederation:

For the Council
The President

D. MATE

(1) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regu-
lation (EC) No 1987/2006 of the European Parliament and of the
Council (OJ L 381, 28.12.2006, p. 4).

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ANNEX I

List of the provisions of the Schengen acquis relating to the SIS to be rendered applicable to the Swiss
Confederation

1. In respect of the provisions of the Schengen Convention:

Article 64 and Articles 92 to 119 of the Schengen Convention.

2. Other provisions concerning SIS:

(a)

in respect of the provisions of the following Decision of the Executive Committee established by the Schengen
Convention:

Decision of the Executive Committee of 15 December 1997 amending the Financial Regulation on C. SIS
(SCH/Com-ex (97) 35) (1);

(b) in respect of the provisions of the following Declaration of the Executive Committee established by the Schengen

Convention:

Declaration of the Executive Committee of 18 April 1996 defining the concept of an alien (SCH/Com-ex (96)
decl. 5) (2);

(c) other instruments:

(i) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (3) in so far
as it applies in relation to the processing of data within the SIS;

(ii) Council Decision 2000/265/EC of 27 March 2000 on the establishment of a financial regulation governing
the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts
concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of
the communication infrastructure for the Schengen environment, ‘Sisnet’ (4);

(iii) Council Regulation (EC) 2424/2001 of 6 December 2001 on the development of the second generation

Schengen Information System (SIS II) (5);

(iv) Council Decision No 2001/886/JHA of 6 December 2001 on the development of the second generation

Schengen Information System (SIS II) (6);

(v) the SIRENE Manual (7);

(vi) Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions
including in the fight against terrorism (8), and any subsequent

for the Schengen Information System,
decisions on the date of application of those functions;

(vii) Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions
including in the fight against terrorism (9), and any subsequent

for the Schengen Information System,
decisions on the date of application of those functions;

(viii) Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2005 amending the
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at
common borders, as regards access to the Schengen Information System by the services in the Member States
responsible for issuing registration certificates for vehicles (10).

(1) OJ L 239, 22.9.2000, p. 444. Decision as last amended by Council Decision 2008/328/EC (OJ L 113, 25.4.2008, p. 21).
(2) OJ L 239, 22.9.2000, p. 458.
(3) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(4) OJ L 85, 6.4.2000, p. 12. Decision as last amended by Decision 2008/319/EC (OJ L 109, 19.4.2008, p. 30).
(5) OJ L 328, 13.12.2001, p. 4. Regulation as amended by Regulation (EC) No 1988/2006 (OJ L 411, 30.12.2006, p. 1).
(6) OJ L 328, 13.12.2001, p. 1. Decision as last amended by Council Decision 2006/1007/JHA (OJ L 411, 30.12.2006, p. 78).
(7) Parts of the SIRENE manual were published in OJ C 38, 17.2.2003, p. 1. The manual was amended by Commission Decisions

2008/333/EC (OJ L 123, 8.5.2008, p. 1) and 2008/334/JHA (OJ L 123, 8.5.2008, p. 39).

(8) OJ L 162, 30.4.2004, p. 29.
(9) OJ L 68, 15.3.2005, p. 44.
(10) OJ L 191, 22.7.2005, p. 18.

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ANNEX II

List of the provisions of the Schengen acquis relating to the SIS to be rendered applicable to the Swiss
Confederation from the date laid down in those provisions

1. Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access
to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for
issuing vehicle registration certificates (1);

2. Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the

establishment, operation and use of the second generation Schengen Information System (SIS II) (2);

3. Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation

Schengen Information System (SIS II) (3).

(1) OJ L 381, 28.12.2006, p. 1.
(2) OJ L 381, 28.12.2006, p. 4.
(3) OJ L 205, 7.8.2007, p. 63.