2008/903/EC: Council Decision of 27 November 2008 on the full application of the provisions of the Schengen acquis in the Swiss Confederation
Date: 2008-11-27
Institutions: Council of the European Union
Subjects: Schengen Information System, Switzerland, exchange of information

5.12.2008

EN

Official Journal of the European Union

L 327/15

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

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 27 November 2008
on the full application of the provisions of the Schengen acquis in the Swiss Confederation

(2008/903/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Schengen Information System applicable to the Swiss
Confederation from 14 August 2008.

Having regard to the Agreement between the European Union,
the European Community
and the Swiss Confederation
concerning the Swiss Confederation’s association with the im­
plementation, application, and development of 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,

Whereas:

(1)

(2)

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

The Council, having verified that the necessary conditions
for the application of the data protection part of the
Schengen acquis concerned had been met by the Swiss
Confederation, rendered, by its Decision 2008/421/EC (4),
the Schengen acquis related to the
the provisions of

(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 149, 7.6.2008, p. 74.

(3)

(4)

(5)

(6)

of

the

Executive

Committee

The Council has verified,
in accordance with the
applicable Schengen evaluation procedures as set out in
the Decision
of
16 September 1998 setting up a Standing Committee
on the evaluation and implementation of Schengen
(SCH/Com-ex (98) 26 def.) (5),
that
the necessary
conditions for the application of
the Schengen acquis
have been met in other areas of the Schengen acquis —
Land Borders, Police Cooperation, the Schengen Infor­
mation System, and Visas — in the Swiss Confederation.

On 27 November 2008, the Council concluded that the
conditions in each of
the areas mentioned had been
fulfilled by the Swiss Confederation.

As regards the evaluation and implementation of the
Schengen acquis at air borders, further evaluation visits
should be carried out at a later stage.

It is therefore possible to set dates for the application of
the Schengen acquis in full, i.e. dates from which checks
on persons at the internal borders with the Swiss Confed­
eration should be lifted. Were the further evaluation visits
at air borders to prove unsuccessful, the date set for the
application of
regulating the
the Schengen acquis
abolition of checks on persons at air borders should be
reconsidered.

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

L 327/16

EN

Official Journal of the European Union

5.12.2008

From the earliest such date, the restrictions on the use of
the Schengen Information System, provided for
in
Decision 2008/421/EC, should be lifted.

(12)

(7)

(8)

(9)

(10)

(11)

In accordance with Article 15(4) of the Agreement and
the Agreement between the
with Article 14(1) of
Community and the Swiss Confederation concerning
the criteria and mechanisms for establishing the State
responsible for examining a request for asylum lodged
the latter
in a Member State or
Agreement should be implemented from 12 December
2008.

in Switzerland (1),

The Agreement between the Swiss Confederation and the
Kingdom of Denmark on the creation of rights and obli­
gations between Denmark and the Swiss Confederation
as regards the provisions of the Schengen acquis which
the Treaty establishing the
come under Title IV of
European Community 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.

second

In accordance with the
subparagraph of
Article 15(1) of the Agreement and as a result of the
partial application of the Schengen acquis by the United
Kingdom of Great Britain and Northern Ireland provided
for in Council Decision 2004/926/EC of 22 December
2004 on the putting into effect of parts of the Schengen
acquis by the United Kingdom of Great Britain and
Northern Ireland (2), and in particular the first subpara­
graph of Article 1 thereof, only part of the provisions of
the Schengen acquis applicable to the Swiss Confederation
in its
applying the
Schengen acquis in full should apply in the relations of
the Swiss Confederation with the United Kingdom of
Great Britain and Northern Ireland.

relations with Member States

the

third

subparagraph

accordance with

In
of
Article 15(1) of the Agreement and as a result of the
partial application of the Schengen acquis by Cyprus on
the one hand, and Bulgaria and Romania on the other, as
provided for in Article 3(2) of the 2003 Act of Accession
and Article 4(2) of the 2005 Act of Accession respect­
ively, only the part of the Schengen acquis applicable in
these Member States should also be applicable to the
Swiss Confederation in its relations with these Member
States.

(1) OJ L 53, 27.2.2008, p. 5.
(2) OJ L 395, 31.12.2004, p. 70.

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,

HAS DECIDED AS FOLLOWS:

Article 1

1.
All the provisions referred to in Annexes A and B to the
Agreement and any act constituting a further development of
these provisions, shall apply to the Swiss
one or more of
Confederation,
in its relations with Kingdom of Belgium, the
Czech Republic, the Kingdom of Denmark, the Federal Republic
of Germany, the Republic of Estonia, the Hellenic Republic, the
Kingdom of Spain, the French Republic, the Italian Republic, the
Republic of Latvia, the Republic of Lithuania, the Grand Duchy
of Luxembourg, the Republic of Hungary, the Republic of Malta,
the Kingdom of the Netherlands, the Republic of Austria, the
Republic of Poland, the Portuguese Republic, the Republic of
Slovenia, the Slovak Republic, the Republic of Finland, and the
Kingdom of Sweden as from 12 December 2008.

To the extent that those provisions regulate the abolition of
checks on persons at
they shall apply as
internal borders,
from 29 March 2009 to air borders. The Council may decide
to defer this date, acting by a simple majority of the Members
of the Council representing the governments of the Member
States to which the provisions of the Schengen acquis regulating
the abolition of checks on persons at internal borders apply. In
that case, a new date shall be set by the Council, acting by
unanimity of those Members.

All restrictions on the use of the Schengen Information System
by the Member States concerned shall be lifted as
from
8 December 2008.

2.
The provisions of the Schengen acquis put into effect by
the United Kingdom of Great Britain and Northern Ireland on
the basis of Article 1 of Decision 2004/926/EC and any act
constituting a further development of one or more of those
provisions,
in its
relations with the United Kingdom of Great Britain and
Northern Ireland as from 12 December 2008.

shall apply to the Swiss Confederation,

5.12.2008

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Official Journal of the European Union

L 327/17

The provisions of

the Schengen acquis applicable to
3.
Cyprus on the one hand, and Bulgaria and Romania on the
other on the basis of Article 3(1) of
the 2003 Act of
Accession and Article 4(1) of the 2005 Act of Accession re­
spectively and any act constituting a further development of one
or more of those provisions, shall apply to the Swiss Confed­
eration, in its relations with Cyprus, Bulgaria and Romania as
from 12 December 2008.

Barbados and Saint Kitts and Nevis from 12 December 2008
until the entry into force of the visa waiver agreements between
the European Community and each of these countries.

Article 3

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

Article 2

By way of derogation to Annex II of Council Regulation (EC)
No 539/2001 of 15 March 2001 listing the third countries
whose nationals must be in possession of visas when crossing
the external borders and those whose nationals are exempt from
that requirement (1), Switzerland is authorised to maintain the
the Bahamas,
visa

exemption for Antigua

and Barbuda,

Done at Brussels, 27 November 2008.

For the Council
The President

M. ALLIOT-MARIE

(1) OJ L 81, 21.3.2001, p. 1.