Proposal for a Council Decision on the signing of the Arrangement between the European Community and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis
Date: 2009-10-30
Institutions: European Commission
Subjects: EFTA countries, European cooperation, Schengen Agreement, Schengen Information System, comitology

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.10.2009 
COM(2009)606 final 

Proposal for a 

COUNCIL DECISION 

on the signing of the Arrangement between the European Community and the Republic 
of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss 
Confederation on the participation by those States in the work of the committees which 
assist the European Commission in the exercise of its executive powers as regards the 
implementation, application and development of the Schengen acquis

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

On  18  May  1999,  the  Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the 
Kingdom  of  Norway  concluded  an  Agreement  concerning  those  states'  association  with  the 
implementation, application and development of the Schengen acquis1. 

On  26  October  2004,  the  European  Union,  the  European  Community  and  the  Swiss 
Confederation  signed  the Agreement concerning the Swiss Confederation’s association  with 
the implementation, application and development of the Schengen acquis. On 1 March 2008 
the Agreement entered into force2. 

On  21  June  2006,  a  Protocol  between  the  Council  of  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 by the Council of 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 
was initialled, hereinafter referred to as the “Association Protocol”. The Protocol was signed 
on 28 February 2008. 

The Association Agreements set up a Mixed Committee consisting of representatives of the 
governments of the Associated States as well as of the Council of the European Union and the 
Commission of the European Communities. 

Consequently,  the  representatives  of  the  Associated  States  attend  Mixed  Committees  which 
meet  in  form  of  Council  working  groups  enlarged  by  the  representatives  of  the  Associated 
States. At Coreper or Council level these are chaired alternately for six-month periods by the 
representatives  of  the  European  Union  and  by  the  representative  of  the  Government  of  the 
Associated State.  

The  participation  in  the  Mixed  Committee  gives  the  Associated  States  the  opportunity,  in 
good time, to voice any concerns regarding developments of the Schengen acquis, which must 
be  adopted  by  all  the  Associated  States,  and  the  implementation  of  this  acquis.  After 
discussion in the Mixed Committee, the measures taken to develop the Schengen acquis are 
adopted  by  the  Council  and  by  the  European  Parliament  through  the  appropriate  decision-
taking  procedure  laid  down  in  the  Treaties.  Thus,  the  Associated  States  participate  in 
decision-shaping but not in decision-taking. 

This  sui  generis  association  with  the  Schengen  acquis  lead  the  Council  to  conclude 
agreements in the form of an exchange of letters concerning the Committees which assist the 
Commission in the exercise of its executive powers as regards the implementation, application 
and  development  of  the  Schengen  acquis,  hereinafter  referred  to  as  the  “Schengen 
Comitology committees”.  

1 
2 

OJ L 176, 10.7.1999, p.36. 
OJ L 53, 27.2.2008, p. 52. 

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The agreement with Norway and Iceland points out the need to associate them with the work 
of  these  committees  in  order  to  ensure  that  these  countries  are  involved  in  the  decision-
making  process  in  the  field  covered  by  the  Association  Agreements.  The  European 
Community  committed  itself  to  negotiate  appropriate  arrangements  for  the  association  of 
these countries with the work of the Schengen Comitology committees as the need arises.  

As far as the Swiss Confederation is concerned, a relevant Declaration of the Commission, as 
well as an agreement in the form of an exchange of letters between the Council and the Swiss 
Confederation provide for an explicit commitment by the European Community to negotiate 
appropriate  arrangement  for  the  association  of  Switzerland  with  the  work  of  the  Schengen 
Comitology committees. 

As regards the Principality Liechtenstein, a relevant Declaration attached  to the Association 
Protocol  provides  for  the  participation  of  Liechtenstein  in  the  Schengen  Comitology 
committees.  

Until  the  Arrangement  covered  by  this  document  is  concluded,  the  Associated  States 
participate  in  the  work  of  the  Schengen  Comitology  committees  as  observers  through  the 
above mentioned ad hoc exchange of letters. 

Although there are two basic Schengen Association agreements, a single Arrangement should 
be  concluded  concerning  the  participation  by  the  Associated  States  in  the  work  of  the 
Schengen  Comitology  committees  to  ensure  consistency  between  and  equal  treatment  of  all 
Associated States. 

For efficiency, and to avoid the need to conduct separate negotiations, Liechtenstein has been 
associated with the negotiations on its participation in the Schengen Comitology committees 
before  conclusion  of  the  Association  Protocol  is  completed.  The  Arrangement  on  the 
participation  in  the  work  of  the  Schengen  Comitology  committees  will  not  apply  to 
Liechtenstein until the date when the Association Protocol has entered into force. 

The authorisation to negotiate an arrangement was given to the Commission on 15 May 2006; 
however the negotiations were launched with all Associated States only on 17 October 2008 
since Norway only got its mandate for negotiations in 2008 and Switzerland requested to wait 
for  the  entry  into  force  of  its  Association  Agreement  before  starting  the  negotiations.  The 
negotiations were finalised on 30 June 2009 and the draft Arrangement was initialled. 

The Member States have been informed and consulted in the Frontiers Working Party and the 
Working Party on the European Free Trade Association (EFTA) within the Council. 

The legal basis for the Arrangement is Article 62, point 3 of the first subparagraph of Article 
63, Article 66 and the third indent of Article 202, in conjunction with Article 300(2) and (3) 
of the EC Treaty. 

2. 

OUTCOME OF THE NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
have been attained and that the draft arrangement between the European Community and the 
Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss 
Confederation on the participation by those States in the work of the committees which assist 
the  European  Commission  in  the  exercise  of  its  executive  powers  as  regards  the 

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implementation,  application  and  development  of  the  Schengen  acquis  is  acceptable  to  the 
Community. 

The final content of the draft Arrangement can be summarised as follows: 

Purpose and scope 

The Arrangement provides that the Associated States will be associated as observers with the 
work of the current and future Comitology committees assisting the Commission in Schengen 
matters.  The  list  of  the  Schengen  Comitology  committees  will  be  regularly  updated  by  the 
Commission and will be published in the Official Journal. 

Consequently,  the  Arrangement  establishes  clear  rights  and  obligations  to  ensure  effective 
participation  by  the  Associated  States  in  the  Schengen  Comitology  committees.  It  foresees 
that the representatives of the Associated States shall receive all relevant meeting documents 
when the meeting of the committee is convened, they may comment on a proposed measure 
constituting  a  development  of  the  Schengen  acquis  or  voice  any  problems  encountered  in 
applying these measures; however, the representatives from these States will not take part in 
the voting of these committees and shall withdraw when the Committee moves to a vote. 

In  accordance  with  the  Arrangement,  the  Commission  will  communicate  to  the  Associated 
States the acts and measures constituting a development of the Schengen acquis. 

The Arrangement provides that the Associated States will decide independently regarding the 
implementation of all measures adopted by the Schengen Comitology committee procedures 
concerning the application and development of the Schengen acquis confirming the rules set 
out in the basic Association Agreements. 

The  Arrangement  also  lays  down  a  financial  contribution  from  the  Associated  States  to  the 
administrative  expenses  resulting  from  their  participation  in  the  Schengen  Comitology 
committees. The travelling costs of the representatives who will participate in the meetings of 
these committees will not be reimbursed.  

It  should  be  emphasised  that  the  participation  of  the  Republic  of  Iceland,  the  Kingdom  of 
Norway and the Principality of Liechtenstein in the Committee which assists the Commission 
in  the  exercise  of  its  executive  powers  established  by  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  free  movement  of  such  data3  is  laid  down  in  the 
Agreement  on  the  European  Economic  Area,  while  the  participation  of  the  Swiss 
Confederation  in  this  Committee  is  laid  down  in  the  exchange  of  letters  annexed  to  the 
Association Agreement with Switzerland. 

The  special  situations  of  Denmark,  the  United  Kingdom  and  Ireland  are  reflected  in  the 
preamble. 

Declaration 

The Joint declaration on the specific association of the Republic of Iceland, the Principality of 
Liechtenstein, the Kingdom of Norway and the Swiss Confederation with the implementation, 

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OJ L 281, 23.11.1995, p.31 

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application and development of the Schengen acquis underlines that it shall not be regarded as 
a  legal  or  political  precedent  for  any  other  field  of  cooperation  between  the  European 
Community and those countries. 

3. 

CONCLUSIONS 

In the light of the above-mentioned results, the Commission proposes that the Council: 

–  decide  that  the  Arrangement  be  signed  on  behalf  of  the  Community  and  authorise  the 
President of the Council to appoint the person(s) duly empowered to sign on behalf of the 
Community; 

–  approve, after consultation of the European Parliament, the attached Arrangement between 
the  European  Community  and  the  Republic  of  Iceland,  the  Principality  of  Liechtenstein, 
the Kingdom of Norway and the Swiss Confederation on the participation by those States 
in the work of the committees which assist the European Commission in the exercise of its 
executive  powers  as  regards  the  implementation,  application  and  development  of  the 
Schengen acquis. 

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Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the Community, of the Arrangement between the European 
Community and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom 
of Norway and the Swiss Confederation on the participation by those States in the work 
of the committees which assist the European Commission in the exercise of its executive 
powers as regards the implementation, application and development of the Schengen 
acquis 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
62,  point  3  of  the  first  subparagraph  of  Article  63,  Article  66  and  the  third  indent  of 
Article 202,  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) 

(2) 

(3) 

Following  the  authorisation  given  to  the  Commission  on  15  May  2006,  negotiations 
with  the  Republic  of  Iceland,  the  Principality  of  Liechtenstein,  the  Kingdom  of 
Norway and the Swiss Confederation regarding the participation by those States in the 
work of the committees which assist the Commission in the exercise of its executive 
powers as regards the implementation, application and development of the Schengen 
acquis have been concluded. 

Subject  to  its  conclusion  at  a  later  date,  the  Arrangement  initialled  on  30  June  2009 
should be signed and the attached Joint Declaration approved. 

This  Decision  does  not  prejudice  the  position  of  the  United  Kingdom,  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 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 acquis4. 

(4) 

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  European  Community  and 

4 

OJ L 131, 1.6.2000, p. 43. 

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Council  Decision  2002/192/EC  of  28  February  2002  concerning  Ireland’s  request  to 
take part in some of the provisions of the Schengen acquis5. 

(5) 

This Decision shall not prejudice the position of 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 1 

The  signing  of  the  Arrangement  between  the  European  Community  and  the  Republic  of 
Iceland,  the  Principality  of  Liechtenstein,  the  Kingdom  of  Norway  and  the  Swiss 
Confederation on the participation by those States in the work of the committees which assist 
the  European  Commission  in  the  exercise  of  its  executive  powers  as  regards  the 
implementation,  application  and  development  of  the  Schengen  acquis  and  of  the  attached 
Joint Declaration is hereby approved on behalf of the Community, subject to the conclusion of 
the Arrangement. 

The texts of the Arrangement and the Joint Declaration are attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Arrangement on behalf of the Community, subject to conclusion thereof. 

Done at Brussels, 

For the Council 
The Presiden 

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OJ L 64, 7.3.2002, p. 20. 

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ANNEX 

ARRANGEMENT 

between the European Community and the Republic of Iceland, the Principality of 
Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation 
by those States in the work of the committees which assist the European Commission in 
the exercise of its executive powers as regards the implementation, application and 
development of the Schengen acquis 

THE EUROPEAN COMMUNITY, 

and 

THE REPUBLIC OF ICELAND, hereinafter referred to as “Iceland”, 

THE PRINCIPALITY OF LIECHTENSTEIN, hereinafter referred to as “Liechtenstein”, 

THE KINGDOM OF NORWAY, hereinafter referred to as “Norway” and 

THE SWISS CONFEDERATION, hereinafter referred to as “Switzerland” 

Together hereinafter referred to as the “Associated States”, 

HAVING  REGARD  TO  the  Agreement  concluded  on  18  May  1999  by  the  Council  of  the 
European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the 
association  of  those  States  with  the  implementation,  application  and  development  of  the 
Schengen  acquis,  hereinafter  referred  to  as  the  “Association  Agreement  with  Iceland  and 
Norway”, 

HAVING  REGARD  TO  the  Agreement  signed  on  26  October  2004  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, 
hereinafter referred to as the “Association Agreement with Switzerland”, 

HAVING REGARD TO the Protocol signed on 28 of February 2008 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, hereinafter referred to as the “Association Protocol with Liechtenstein”, 

HAVING REGARD TO the agreement in the form of an exchange of letters concluded on 18 
of May 1999 between the Council of the European Union and the Republic of Iceland and the 
Kingdom  of  Norway  concerning  the  committees  which  assist  the  European  Commission  in 
the exercise of its executive powers, 

HAVING REGARD TO the agreement in the form of an exchange of letters signed on 26 of 
October 2004 between the Council of the European Union and the Swiss Confederation on the 
committees which assist the European Commission in the exercise of its executive powers, 

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HAVING  REGARD  TO  the  Declaration  to  the  Association  Protocol  with  Liechtenstein 
signed  on  28  of  February  2008  on  the  participation  in  the  committees  which  assist  the 
European Commission in the exercise of its executive powers, 

CONSIDERING  that  new  acts  or  measures  of  the  Schengen  acquis  adopted  by  the 
Commission  of  the  European  Communities,  hereinafter  referred  to  as  the  “Commission”,  in 
the exercise of its executive powers, to which the procedures set out in this Arrangement have 
been  applied,  shall  be  applied  simultaneously  for  the  European  Union,  the  European 
Community and its Member States concerned and for the Associated States, 

CONSIDERING the need to ensure the application  and  uniform  implementation  of  the  new 
acts or measures of the Schengen acquis which requires participation of the Associated States 
in  the  work  of  the  committees  which  assist  the  Commission  in  the  exercise  of  its  executive 
powers  where  the  decisions  on  the  acts  or  measures  constituting  a  development  of  the 
Schengen acquis are taken, 

WHEREAS the Association Agreements do not address the detailed rules of the participation 
of  the  Associated  States  in  the  work  of  the  committees  which  assist  the  Commission  in  the 
exercise  of  its  executive  powers  where  the  decisions  on  the  acts  or  measures  constituting  a 
development of the Schengen acquis are taken,  

WHEREAS  the  participation  of  the  Republic  of  Iceland,  the  Kingdom  of  Norway  and  the 
Principality of Liechtenstein in the Committee which assists the Commission in the exercise 
of its executive powers established by 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 free movement of such data6 is currently laid down in the Agreement 
on  the  European  Economic  Area,  while  the  participation  of  the  Swiss  Confederation  in  this 
Committee is laid down in the exchange of letters annexed to the Association Agreement with 
Switzerland, 

HAVE AGREED AS FOLLOWS: 

Article 1 

This  Arrangement  applies  to  the  acts  or  measures  amending  or  building  upon  the  Schengen 
acquis  adopted  by  the  Commission  in  the  exercise  of  its  executive  powers  as  regards  the 
implementation, application and development of the Schengen acquis. 

Article 2 

1. 

The  Associated  States  shall  be  associated  as  observers  with  the  work  of  the 
committees which assist the Commission in  the exercise of its executive powers as 
regards  the  implementation,  application  and  development  of  the  Schengen  acquis, 
hereinafter  referred  to  as  the  “Schengen  Comitology  committees”,  referred  to  in 
Annex 1 of this Arrangement. 

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OJ L 281, 23.11.1995, p.31 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

7 

When a new act amending or building upon the Schengen acquis establishes a new 
committee which assist the Commission in the exercise of its executive powers, the 
Associated States shall be associated in the work of this committee as from the entry 
into force of the act establishing the committee. 

The  list  of  the  Schengen  Comitology  committees  shall  be  regularly  updated  by  the 
Commission  and  shall  be  published  in  the  Official  Journal  of  the  European 
Communities. 

Article 3 

The representatives of the Associated States shall be associated with the work of the 
Schengen Comitology committees as outlined in this article. 

In  the  Schengen  Comitology  committees,  the  Associated  States  shall  have  the 
opportunity: 

–  to  explain  the  problems  they  encounter  in  respect  of  a  particular  act  or  measure 
regarding the implementation, application or development of the Schengen acquis 
or respond to the problems encountered by other delegations; 

–  to  express  themselves  on  any  questions  concerning  the  drawing  up  and  the 

development of provisions of concern to them or implementation thereof. 

The  Associated  States  shall  have  the  right  to  make  suggestions  in  the  Schengen 
Comitology  committees.  After  discussion,  the  Commission  may  consider  such 
suggestions with a view to making a proposal or taking an initiative. 

The Associated States shall not participate in the voting of the Schengen Comitology 
committees and shall withdraw when the Committee moves to a vote. 

When  the  meetings  of  the  Schengen  Comitology  committees  are  convened,  the 
Associated  States  shall  receive  the  agenda,  the  draft  measures  on  which  they  are 
asked to give an opinion and any other relevant working documents at the same time 
as the Member States of the EU. 

The  principles  and  conditions  concerning  public  access  to  the  documents  of  the 
Schengen  Comitology  committees  shall  be  the  same  as  those  applying  to 
Commission documents7. 

For  the  purpose  of  the  application  of  this  Arrangement  and  when  setting  up  the 
procedural  aspects  of  the  Schengen  Comitology  committees,  the  reference  shall  be 
made to this article. 

Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council  of  30  May  2001 
regarding  public  access  to  European  Parliament,  Council  and  Commission  documents  (OJ  L  145, 
31.5.2001, p.43). 

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Article 4 

When  drafting  proposals  amending  or  building  upon  the  provisions  of  the  Schengen  acquis 
the  Commission  shall  informally  seek  advice  from  experts  of  the  Associated  States  in  the 
same  way  as  it  seeks  advice  from  experts  of  the  Member  States  of  the  European  Union, 
hereinafter referred to as the “Member States”, for drawing up its proposals. 

Article 5 

1. 

The  adoption  of  new  acts  or  measures  constituting  a  development  of  the  Schengen 
acquis shall be reserved to the competent institutions of the European Union8. 

Subject to paragraph 3, 

–  the  acts  or  measures  referred  to  in  paragraph  1  shall  enter  into  force 
simultaneously  for  the  European  Union,  the  European  Community  and  its 
Member  States  concerned  and  for  the  Associated  States,  unless  those  acts  or 
measures explicitly state otherwise, 

–  the  acceptance  by  each  Associated  State  of  the  acts  or  measures  referred  to  in 
paragraph  1  creates  rights  and  obligations  between  that  Associated  State,  of  the 
one part, the European Union, the European Community and those of its Member 
States bound by those acts and measures, of the other part. 

2. 

The  adoption  of  the  acts  or  measures  referred  to  in  paragraph  1  to  which  the 
procedures set out in this Arrangement have been applied shall be communicated to 
the Associated States. 

The  adoption  of  acts  or  measures  referred  to  in  paragraph  1  shall  be  communicated  to  the 
Associated States by the Secretariat General of the Commission, with reference to this article, 
if the adoption of these acts or measures is notified to the Member States. 

If the adoption of acts or measures referred to in paragraph 1 is not notified to the Member 
States by the Secretariat General of the Commission, the adoption of these acts or measures 
shall be communicated to the Associated States by the Directorate General of the Commission 
responsible for the adoption of acts or measures concerned, referring to this article. 

3. 

Each  Associated  State  shall  decide  independently  whether  to  accept  the  content  of 
the acts or measures referred to in paragraph 1 and whether to implement them into 
its internal legal order. These decisions shall be notified to the Commission within 30 
days of the communication by the Commission of the acts or measures concerned. 

For the acceptance by the Associated States of the acts and measures referred to in paragraph 
1 and the consequences for not accepting them, the following provisions shall apply: 

8 

At  the  time  of  the  signature  of  the  present  Arrangement  these  acts  or  measures  are  adopted  in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the 
exercise  of  implementing  powers  conferred  on  the  Commission  (OJ  L  184,  17.7.1999,  p.23)  as  last 
amended by Decision 2006/512/EC of 17 July 2006 (OJ L 200, 22.7.2006, p. 11) 

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–  Iceland  and  Norway  –  Article  8  of  the  Association  Agreement  with  Iceland  and 

Norway; 

–  Switzerland – Article 7 of the Association Agreement with Switzerland; 

–  Liechtenstein – Article 5 of the Association Protocol with Liechtenstein. 

Article 6 

1. 

As  regards  administrative  costs  associated  with  the  implementation  of  this 
Arrangement, the Associated States shall make an annual contribution to the general 
budget of the European Communities in accordance with the percentage of the gross 
domestic  product  of  their  countries  in  relation  to  the  gross  domestic  product  of  all 
participating States of an amount of EUR 500 000, subject to an annual adjustment to 
reflect the rate of inflation in the European Union. 

The amount of EUR 500 000 shall be adjusted by exchange of letters if the evolution of the 
number of the Schengen Comitology committees to which the Associated States participate or 
the frequency of meetings so require. 

2. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

The  travelling  costs  of  the  representatives  who  participate  in  the  meetings  of  the 
Schengen Comitology committees shall not be reimbursed. 

Article 7 

The Secretary General of the Council of the European Union shall act as depositary 
of this Arrangement. 

The European Community and the Associated States shall approve this Arrangement 
in accordance with their own procedures. 

The  entry  into  force  of  this  Arrangement  shall  require  approval  by  the  European 
Community and by at least one Associated State. 

This  Arrangement  shall  enter  into  force  between  the  European  Community  and  the 
Associated  State  concerned  on  the  first  day  of  the  second  month  following  the 
deposit of the respective instrument of approval or ratification with the depositary. 

As  regards  Liechtenstein,  this  Arrangement  enters  info  force  only  once  the 
Association Protocol with Liechtenstein has entered into force. 

Article 8 

As  regards  Norway  and  Iceland,  this  Arrangement  shall  be  terminated  when  the 
respective Association Agreement with Iceland or Norway is terminated. 

As regards Switzerland, this Arrangement shall be terminated when the Association 
Agreement with Switzerland is terminated. 

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3. 

4. 

As regards Liechtenstein, this Arrangement shall be terminated when the Association 
Protocol with Liechtenstein is terminated. 

The depositary shall be notified of termination. 

Article 9 

This  Arrangement  and  the  Joint  Declaration  shall  be  drawn  up  in  one  single  original  in  the 
Bulgarian,  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French,  German,  Greek, 
Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese,  Romanian,  Slovak, 
Slovenian, Spanish, Swedish, Icelandic and Norwegian languages, each of those texts being 
equally authentic. 

Done at Brussels, 

For the European Community 

For the Republic of Iceland 

For the Principality of Liechtenstein 

For the Kingdom of Norway 

For the Swiss Confederation 

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ANNEX 1 

List of the existing committees which assist the European Commission in the exercise of its 
executive  powers  as  regards  the  implementation,  application  and  development  of  the 
Schengen acquis: 

–  The  committee  established  by  Council  Regulation  (EC)  No  1683/95  of  29  May  1995 

laying down a uniform format for visas9; 

–  The committee established by 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)10  and  by  Council  Decision 
2007/533/JHA  of  12 June  2007  on  the  establishment,  operation  and  use  of  the  second 
generation  Schengen  Information  System  (SIS  II)11;  this  committee  also  assists  the 
European Commission in the application of the following legal instruments: 

–  Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 
July  2008  concerning  the  Visa  Information  System  (VIS)  and  the  exchange  of 
data between Member States on short-stay visas (VIS Regulation)12; 

–  Regulation (EC) No 1104/2008 of the Council of 24 October 2008 on migration 
from  the  Schengen  Information  System  (SIS1+)  to  the  second  generation 
Schengen Information System (SIS II)13; 

–  Council  Decision  2008/839/JHA  of  24  October  2008  on  migration  from  the 
Schengen  Information  System  (SIS1+)  to  the  second  generation  Schengen 
Information System (SIS II)14  

–  The  committee  established  by  Council  Decision  2004/201/JHA  of  19  February  2004  on 
procedures for amending the Sirene Manual and Council Regulation (EC) No 378/2004 of 
19 February 2004 on procedures for amending the Sirene Manual15 - to assist the European 
Commission in amending the Sirene manual; 

–  The  committee  established  by  Council  Decision  of  16  March  2005  establishing  a  secure 
web-based  information  and  coordination  network  for  a  Member  States'  migration 
management services (2005/267/EC)16; 

–  The committee  established by Regulation (EC) No 562/2006 of the European Parliament 
and  of  the  Council  of  15  March  2006  establishing  a  Community  Code  on  the  rules 
governing the movement of persons across borders (Schengen Borders Code)17 – to assist 
the European Commission in the field of external borders; 

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17 

OJ L 164, 14.7.1995, p. 1- 4. 
OJ L 381, 28.12.2006, p. 4. 
OJ L 205, 07.08.2007, p.63. 
OJ L 218, 13.8.2008, p. 60 
OJ L 299, 8.11.2008, p. 1. 
OJ L 299, 8.11.2008, p. 43. 
OJ L 64, 2.3.2004, p. 5 and 45. 
OJ L 83, 1.4.2005, p. 48. 
OJ L 105, 13.4.2006, p. 1. 

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–  The committee "Solidarity and Management of Migration Flows" established by Decision 
No  574/2007/EC  of  the  European  Parliament  and  of  the  Council  of  23  May  2007 
establishing the External Borders Fund for the period 2007 to 2013 as part of the General 
programme "Solidarity and Management of Migration Flows"18; 

–  [p.m. The committee established by Regulation (EC) No …/… of the European Parliament 
and  of  the  Council  of  …  establishing  a  Community  Code  on  Visas19  -  the  'Visa 
Committee'].

18 
19 

OJ L 144, 6.6.2007, p. 22. 
OJ L …, …, p. …. 

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JOINT  DECLARATION  BY  THE  CONTRACTING  PARTIES  ON  THE  SPECIFIC  ASSOCIATION 
WITH  THE  IMPLEMENTATION,  APPLICATION  AND  DEVELOPMENT  OF  THE  SCHENGEN 
ACQUIS 

The Contracting Parties jointly declare that the specific association of the Republic of Iceland, 
the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation with 
the  implementation,  application  and  development  of  the  Schengen  acquis  shall  not  be 
regarded  as  a  legal  or  political  precedent  for  any  other  field  of  cooperation  between  the 
European Community and those States. 

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