CELEX: 22008A0227(03)
Language: mt
Date: 2004-10-26 00:00:00
Title: Ftehim bejn l-Unjoni Ewropea, il-Komunità Ewropea u l-Konfederazzjoni Żvizzera dwar l-assoċjazzjoni tal-Konfederazzjoni Żvizzera ma’ l-implimentazzjoni, l-applikazzjoni, u l-iżvilupp ta’ l-acquis ta’ Schengen - Noslēguma akts - Kopīgas deklarācijas - Deklarācijas - Vienošanās vēstuļu apmaiņas veidā

L 53/52           MT                               Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                               27.2.2008

                                                                  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 EUROPEAN UNION,

          THE EUROPEAN COMMUNITY,

          and

          THE SWISS CONFEDERATION,

          hereinafter referred to as ‘the Contracting Parties’,

          WHEREAS with the entry into force of the Treaty of Amsterdam, the European Union has set itself the objective
          of maintaining and developing the Union as an area of freedom, security and justice, in which the free
          movement of persons is assured in conjunction with appropriate measures with respect to external border
          controls, asylum, immigration and the prevention and combating of crime;

          WHEREAS the Schengen acquis, which is integrated into the framework of the European Union, constitutes part
          of the provisions designed to achieve this area of freedom, security and justice insofar as these provisions
          create an area without internal border controls and provide for compensatory measures to ensure a high level
          of security;

          CONSIDERING the geographical position of the Swiss Confederation;

          WHEREAS the participation of the Swiss Confederation in the Schengen acquis and in its further development
          will, on the one hand, enable certain obstacles to the free movement of persons resulting from the
          geographical position of the Swiss Confederation to be eliminated and, on the other hand, strengthen
          cooperation between the European Union and the Swiss Confederation in the fields covered by the Schengen
          acquis;

          WHEREAS the Agreement concluded on 18 May 1999 by the Council of the European Union and the Republic
          of Iceland and the Kingdom of Norway (1) associated the latter two States with the implementation,
          application and development of the Schengen acquis;

          WHEREAS it is desirable that the Swiss Confederation be associated on an equal footing with Iceland and
          Norway in the implementation, application and development of the Schengen acquis;

          WHEREAS an agreement should be concluded between the European Union, the European Community and the
          Swiss Confederation containing rights and obligations similar to those agreed between the Council of the
          European Union, of the one part, and Iceland and Norway, of the other part;

          CONVINCED of the need to organise cooperation between the European Union and the Swiss Confederation as
          regards the implementation, practical application and further development of the Schengen acquis;

          WHEREAS it is necessary, in order to associate the Swiss Confederation with the activities of the European
          Union in the fields covered by this Agreement and to enable it to participate in those activities, to set up
          a committee in accordance with the institutional model established for the association of Iceland and Norway;

          WHEREAS Schengen cooperation is based on the principles of freedom, democracy, the rule of law and respect
          for human rights, as guaranteed in particular by the European Convention for the Protection of Human Rights
          and Fundamental Freedoms of 4 November 1950;

          (1) OJ L 176, 10.7.1999, p. 36.
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              WHEREAS the provisions of Title IV of the Treaty establishing the European Community and the acts adopted
              on the basis of that Title do not apply to the Kingdom of Denmark pursuant to the Protocol on the position of
              Denmark annexed by the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishing
              the European Community, and whereas the decisions designed to develop the Schengen acquis pursuant to that
              Title which Denmark has transposed into its domestic law are only liable to create international-law
              obligations between Denmark and the other Member States;

              WHEREAS the United Kingdom of Great Britain and Northern Ireland and Ireland participate in certain
              provisions of the Schengen acquis, in accordance with the decisions taken pursuant to the Protocol integrating
              the Schengen acquis into the framework of the European Union and annexed by the Treaty of Amsterdam to
              the Treaty on European Union and to the Treaty establishing the European Community ( 1);

              WHEREAS it is necessary to ensure that the States with which the European Union has established an
              association for the purpose of implementing, applying and developing the Schengen acquis also apply this
              acquis in their relations with each other;

              WHEREAS the smooth operation of the Schengen acquis requires that this Agreement be applied simultaneously
              with the agreements between the various parties associated with or participating in the implementation and
              development of the Schengen acquis governing their mutual relations;

              HAVING REGARD TO the Agreement on the association of the Swiss Confederation with the implementation,
              application and development of the Community acquis concerning the establishment of criteria and
              mechanisms to determine the State responsible for examining a request for asylum lodged in one of the
              Member States and concerning the setting-up of the ‘Eurodac system’;

              BEARING IN MIND the link between the Schengen acquis and the Community acquis;

              WHEREAS this link requires that the Schengen acquis be applied simultaneously with the Community acquis
              concerning the establishment of criteria and mechanisms for determining the State responsible for examining
              a request for asylum lodged in one of the Member States and concerning the setting-up of the ‘Eurodac’
              system,

              HAVE AGREED AS FOLLOWS:

                             Article 1                                    Convention signed in Schengen on 19 June 1990 implementing
                                                                          the Agreement on the gradual abolition of checks at common
                                                                          borders, hereinafter referred to as the Convention Implementing
1. The Swiss Confederation, hereinafter referred to as ‘Swit-             the Schengen Agreement, shall be implemented and applied by
zerland’, shall be associated with the activities of the European         Switzerland.
Community and the European Union in the fields covered by the
provisions referred to in Annexes A and B to this Agreement and
their further development.

                                                                          3. The acts and measures taken by the European Union and the
2. This Agreement creates reciprocal rights and obligations in            European Community amending or building upon the provisions
accordance with the procedures set out herein.                            referred to in Annexes A and B, to which the procedures set out
                                                                          in this Agreement have been applied, shall also, without
                                                                          prejudice to Article 7, be accepted, implemented and applied
                                                                          by Switzerland.
                             Article 2

1. The provisions of the Schengen acquis as listed in Annex
A to this Agreement as they apply to the Member States of the
European Union, hereinafter referred to as ‘Member States’, shall                                    Article 3
be implemented and applied by Switzerland.

                                                                          1. A Mixed Committee is hereby established, consisting of
2. The provisions of the acts of the European Union and of the            representatives of the Swiss Government, members of the
European Community listed in Annex B to this Agreement, to                Council of the European Union, hereinafter referred to as the
the extent that they have replaced and/or developed correspon-            ‘Council’, and members of the Commission of the European
ding provisions of, or provisions adopted pursuant to, the                Communities, hereinafter referred to as the ‘Commission’.

(1) OJ L 131, 1.6.2000, p. 43 and OJ L 64, 7.3.2002, p. 20.
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2. The Mixed Committee shall adopt its own Rules of                                                     Article 6
Procedure by consensus.
                                                                          When drafting new legislation in a field which is covered by this
3. The Mixed Committee shall meet at the initiative of its                Agreement, the Commission shall informally seek advice from
President or at the request of any of its members.                        Swiss experts in the same way as it seeks advice from experts of
                                                                          the Member States for drawing up its proposals.

4. Subject to Article 4(2), the Mixed Committee shall meet at
the level of Ministers, senior officials or experts, as circumstances                                   Article 7
require.
                                                                          1. The adoption of new acts or measures related to the matters
5. The office of President of the Mixed Committee shall be                referred to in Article 2 shall be reserved to the competent
held:                                                                     institutions of the European Union. Subject to paragraph 2, such
                                                                          acts or measures shall enter into force simultaneously for the
                                                                          European Union, the European Community and its Member
—    at the level of experts: by the representative of the European       States concerned and for Switzerland, unless those acts or
     Union,                                                               measures explicitly state otherwise. In this context, due account
                                                                          shall be taken of the period of time indicated by Switzerland in
                                                                          the Mixed Committee as being necessary to enable it to fulfil its
—    at the level of senior officials and Ministers: alternately, for     constitutional requirements.
     a period of six months, by the representative of the
     European Union and by the representative of the Swiss
     Government.                                                          2. (a) The Council shall notify Switzerland immediately of the
                                                                                 adoption of the acts or measures referred to in paragraph
                                                                                 1 to which the procedures set out in this Agreement have
                              Article 4                                          been applied. Switzerland shall decide whether to accept
                                                                                 their contents and to implement them in its internal legal
                                                                                 order. This decision shall be notified to the Council and to
1. The Mixed Committee shall address, in accordance with this
                                                                                 the Commission within 30 days of the adoption of the acts
Agreement, all matters covered by Article 2 and shall ensure that
                                                                                 or measures concerned.
any concern entertained by Switzerland is duly considered.

2. In the Mixed Committee at ministerial level, the representa-              (b) If the contents of such an act or measure can become
tives of Switzerland shall have the opportunity:                                 binding on Switzerland only after the fulfilment of
                                                                                 constitutional requirements, Switzerland shall inform the
                                                                                 Council and the Commission of this at the time of its
—    to explain the problems they encounter in respect of                        notification. Switzerland shall promptly inform the
     a particular act or measure or to respond to the problems                   Council and the Commission in writing upon fulfilment
     encountered by other delegations,                                           of all constitutional requirements. Where a referendum is
                                                                                 not required, notification shall take place as soon as the
                                                                                 referendum deadline expires. If a referendum is required,
—    to express themselves on any questions concerning the                       Switzerland shall have a maximum of two years from the
     drawing up of provisions of concern to them or the                          date of the Council's notification within which to make its
     implementation thereof.                                                     notification. From the date laid down for the entry into
                                                                                 force of the act or measure for Switzerland and until it has
                                                                                 given notification that the constitutional requirements
3. Meetings of the Mixed Committee at ministerial level shall                    have been met, Switzerland shall, where possible,
be prepared by the Mixed Committee at the level of senior                        implement the act or measure in question on a provisional
officials.                                                                       basis.

4. The representative of the Swiss Government shall have the              If Switzerland cannot implement the act or measure at issue on
right to make suggestions in the Mixed Committee relating to the          a provisional basis, and if this causes difficulties that disrupt the
matters mentioned in Article 1. After discussion, the Commis-             operation of Schengen cooperation, the situation shall be
sion or any Member State may consider such suggestions with               examined by the Mixed Committee. The European Union and
a view to making a proposal or taking an initiative, in accordance        the European Community may take proportionate, appropriate
with the rules of the European Union, for the adoption of an act          measures against Switzerland to ensure that Schengen coopera-
or measure of the European Community or the European Union.               tion operates smoothly.

                              Article 5                                   3. Acceptance by Switzerland of the acts and measures referred
                                                                          to in paragraph 2 creates rights and obligations between
Without prejudice to Article 4, the Mixed Committee shall be              Switzerland, on the one hand, and the European Union, the
informed about the preparation within the Council of any acts or          European Community and the Member States, in so far as they
measures which may be relevant to this Agreement.                         are bound by these acts and measures, on the other hand.
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4. Where:                                                                   interpretation of the provisions referred to in Article 2, the
                                                                            Mixed Committee shall keep under constant review develop-
                                                                            ments in the case-law of the Court of Justice of the European
(a)     Switzerland notifies its decision not to accept the contents        Communities, hereinafter referred to as the ‘Court of Justice’, and
        of an act or measure referred to in paragraph 2 and to              in the case-law relating to such provisions of the competent
        which the procedures set out in this Agreement have been            Swiss courts. To that end a mechanism shall be set up to ensure
        applied; or                                                         regular mutual transmission of such case-law.

(b)     Switzerland does not carry out notification within the              2. Switzerland shall have the right to submit statements of case
        30-day time limit referred to in paragraph 2(a) or parag-           or written observations to the Court of Justice in cases where
        raph 5(a); or                                                       a court in a Member State has applied to the Court of Justice for
                                                                            a preliminary ruling concerning the interpretation of the
                                                                            provisions referred to in Article 2.
(c)     Switzerland does not carry out notification after the
        referendum deadline has expired or, in the case of
        a referendum, within the two-year time limit set out in
                                                                                                          Article 9
        paragraph 2(b), or does not provide for provisional
        implementation as envisaged in the same subparagraph
        from the date laid down for the entry into force of the act         1. Each year Switzerland shall report to the Mixed Committee
        or measure concerned;                                               on the way in which its administrative authorities and courts
                                                                            have applied and interpreted the provisions referred to in
                                                                            Article 2, as interpreted, where relevant, by the Court of Justice.
this Agreement shall be considered terminated unless the Mixed
Committee, after carrying out a careful examination of ways of
continuing the Agreement, decides otherwise within 90 days.                 2. If, within two months of being notified of a substantial
Termination of this Agreement shall take effect three months                divergence between Court of Justice case-law and that of
after the expiry of the 90-day period.                                      Switzerland's courts or of a substantial divergence between the
                                                                            authorities of the Member States concerned and the Swiss
                                                                            authorities in their application of the provisions referred to in
5. (a) If provisions of a new act or measure have the effect of no          Article 2, the Mixed Committee is unable to ensure a uniform
       longer allowing Member States to subject compliance with             application and interpretation, the procedure provided for in
       requests for mutual assistance in criminal matters or the            Article 10 shall be initiated.
       recognition of orders from other Member States to search
       premises and/or seize items of evidence to the conditions
       set out in Article 51 of the Convention Implementing the
                                                                                                         Article 10
       Schengen Agreement, Switzerland may notify the Council
       and the Commission within the period of 30 days referred
       to in paragraph 2, point (a) that it will not accept or              1. In the event of a dispute about the application of this
       implement those provisions in its internal legal order               Agreement or where the situation provided for in Article 9(2)
       where they apply to search and seizure requests or orders            occurs, the matter shall be officially entered as a matter of dispute
       made for the purposes of investigating or prosecuting                on the agenda of the Mixed Committee, meeting at ministerial
       offences in the field of direct taxation which, if committed         level.
       in Switzerland, would not be punishable under Swiss law
       with a custodial penalty. In that case this Agreement shall
       not be considered terminated, contrary to the provisions             2. The Mixed Committee shall have 90 days to settle the
       of paragraph 4.                                                      dispute, counting from the date of adoption of the agenda on
                                                                            which the dispute has been placed.
      (b) The Mixed Committee shall convene within two months
          following a request by one of its members and, taking into        3. Where the dispute cannot be settled by the Mixed
          account international developments, shall discuss the             Committee within the 90-day deadline provided for in paragraph
          situation resulting from notification pursuant to point (a).      2, this deadline shall be extended by 30 days with a view to
                                                                            reaching a final settlement.
         Once the Mixed Committee has unanimously reached an
         agreement on the full acceptance and implementation by
         Switzerland of the relevant provisions of the new act or           If no final settlement is reached, this Agreement shall be
         measure, paragraphs 2, point (b), 3 and 4 shall apply. The         terminated six months after the expiry of the 30-day period.
         information referred to in the first sentence of paragraph
         2, point (b) shall be provided within 30 days of the
         agreement reached in the Mixed Committee.                                                       Article 11

                                                                            1. As regards the administrative costs associated with imple-
                                Article 8                                   menting this Agreement, Switzerland shall make an annual
                                                                            contribution to the general budget of the European Communities
1. In order to achieve the Contracting Parties' objective of                of 7,286 % of an amount of EUR 8 100 000, subject to annual
ensuring the most uniform possible application and                          adjustment to reflect inflation in the European Union.
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2. As regards the costs of developing the second generation            annexed by the Treaty of Amsterdam to the Treaty on European
Schengen Information System (SIS II), Switzerland shall                Union and to the Treaty establishing the European Community
contribute to the general budget of the European Communities           shall therefore apply to these provisions.
an annual sum for the relevant financial years starting from the
2002 financial year, calculated in accordance with its gross
domestic product as a percentage of the gross domestic product         2. Switzerland shall conclude an agreement with the Republic
of all the participating States.                                       of Iceland and the Kingdom of Norway on the creation of
                                                                       reciprocal rights and obligations by virtue of those States'
                                                                       participation in the implementation, application and develop-
The contribution for the financial years preceding the entry into      ment of the Schengen acquis.
force of this Agreement shall be payable when the Agreement
enters into force.
                                                                                                   Article 14

3. In cases where the operating costs associated with                  1. This Agreement shall enter into force one month after the
implementing this Agreement are not charged to the general             day on which the Secretary General of the Council, in his
budget of the European Communities but are directly payable by         capacity as its depositary, has established that all the formal
the participating Member States, Switzerland shall contribute to       requirements have been met as regards the expression of consent
these costs in accordance with its gross domestic product,             by, or on behalf of, the Parties to be bound by this Agreement.
calculated as a percentage of the gross domestic product of all
the participating States.
                                                                       2. Articles 1, 3, 4, 5, 6 and 7(2)(a), first sentence, shall apply
                                                                       provisionally as of the time of signature of this Agreement.
Where the operating costs are charged to the general budget of
the European Community, Switzerland shall share in these costs
by contributing to the said budget an annual sum, calculated in        3. With respect to acts or measures adopted after this
accordance with its gross domestic product as a percentage of          Agreement has been signed but before it enters into force, the
the gross domestic product of all the participating States.            30-day period referred to in Article 7(2)(a), last sentence shall
                                                                       start to run from the day of entry into force of this Agreement.

4. Switzerland shall have the right to receive documents drawn
up by the Commission or the Council pertaining to this                                             Article 15
Agreement and, at meetings of the Mixed Committee, to request
interpreting into an official language of the institutions of the      1. The provisions referred to in Annexes A and B and those
European Communities of its choosing.                                  already adopted pursuant to Article 2(3) shall be put into effect
                                                                       by Switzerland on a date to be fixed by the Council, acting by
                                                                       unanimity of its Members representing the governments of those
                           Article 12                                  Member States which apply all the provisions of Annexes A and
                                                                       B, after consulting the Mixed Committee and after having
1. This Agreement shall not affect in any respect the                  satisfied itself that the preconditions for implementation of the
agreements concluded between the European Community and                relevant provisions have been fulfilled by Switzerland and that
Switzerland, or between the European Community and its                 controls at its external borders are effective.
Member States, of the one part, and Switzerland, of the other
part.
                                                                       The Members of the Council representing the governments of
                                                                       Ireland and of the United Kingdom of Great Britain and
2. This Agreement shall not affect the agreements binding              Northern Ireland shall be involved in taking this decision in so
Switzerland, of the one part, and one or more Member States, of        far as it relates to the provisions of the Schengen acquis and the
the other part, in so far as they are compatible with this             acts based on it or related to it in which these Member States
Agreement. If these agreements are incompatible with this              participate.
Agreement, the latter shall prevail.
                                                                       The Members of the Council representing the governments of
3. This Agreement shall not affect in any respect any future           the Member States to which, in accordance with the Treaty of
agreements concluded with Switzerland by the European                  Accession, only some of the provisions of Annexes A and
Community, or between the European Community and its                   B apply shall be involved in taking this decision in so far as it
Member States, of the one part, and Switzerland, of the other          relates to the provisions of the Schengen acquis that are already
part, or agreements concluded on the basis of Articles 24 and 38       applicable to them.
of the Treaty on European Union.
                                                                       2. Implementation of the provisions referred to in paragraph 1
                                                                       shall create rights and obligations between Switzerland, of the
                           Article 13
                                                                       one part, and, depending on the case, the European Union, the
                                                                       European Community and the Member States, in so far as they
1. Switzerland shall conclude an agreement with the Kingdom            are bound by these provisions, of the other part.
of Denmark on the creation of rights and obligations between
Denmark and Switzerland as regards the provisions of Article 2
which come under Title IV of the Treaty establishing the               3. This Agreement shall be applied only if the agreements
European Community; the Protocol on the position of Denmark            referred to in Article 13 are also implemented.
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4. Moreover, this Agreement shall be applied only if the              depositary shall be notified of termination, which shall take effect
agreement between the European Community and Switzerland              six months after notification.
on the criteria and mechanisms for establishing the State
responsible for examining a request for asylum lodged in any of
the Member States or in Switzerland is also implemented.              2. This Agreement shall be considered to have been terminated
                                                                      if Switzerland terminates one of the agreements referred to in
                           Article 16                                 Article 13 or the agreement referred to in Article 15(4).

1. Liechtenstein may accede to this Agreement.
                                                                                                  Article 18
2. The accession of Liechtenstein shall be the subject of
a protocol to this Agreement setting out all the consequences of      1. This Agreement shall be drawn up in duplicate in the Czech,
accession, including the creation of rights and obligations           Danish, Dutch, English, Estonian, Finnish, French, German,
between Liechtenstein and Switzerland, and between Liechtens-         Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese,
tein, of the one part, and the European Union, the European           Slovak, Slovenian, Spanish and Swedish languages, each text
Community and its Member States, in so far as they are bound by       being equally authentic.
the provisions of the Schengen acquis, of the other part.

                           Article 17                                 2. The Maltese language version shall be authenticated by the
                                                                      Contracting Parties on the basis of an Exchange of Letters. It shall
1. This Agreement may be terminated by Switzerland or by              also be authentic, in the same way as for the languages referred
decision of the Council acting by unanimity of its Members. The       to in paragraph 1.

                    IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
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      Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.

      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendvier.

      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

      Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

      Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

      Fait à Luxembourg, le vingt-six octobre deux mille quatre.

      Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.

      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

      Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.

      Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizend vier.

      Sporządzono w Luksemburgu dnia dwudziestego szóstego października roku dwa tysiące czwartego.

      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.

      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.
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                Por la Unión Europea                                                    Por la Comunidad Europea
                 Za Evropskou unii                                                       Za Evropské společenství
             For Den Europæiske Union                                                  For Det Europæiske Fællesskab
              Für die Europäische Union                                           Für die Europäische Gemeinschaft
                Euroopa Liidu nimel                                                      Euroopa Ühenduse nimel
               Για την Ευρωπαϊκή Ένωση                                                  Για την Ευρωπαϊκή Κοινότητα
               For the European Union                                                  For the European Community
              Pour l'Union européenne                                              Pour la Communauté européenne
                Per l'Unione europea                                                     Per la Comunità europea
               Eiropas Savienības vārdā                                                   Eiropas Kopienas vārdā
               Europos Sąjungos vardu                                                    Europos bendrijos vardu
              az Európai Unió részéről                                                 az Európai Közösség részéről
                Għall-Unjoni Ewropea                                                     Għall-Komunità Ewropea
               Voor de Europese Unie                                               Voor de Europese Gemeenschap
             W imieniu Unii Europejskiej                                          W imieniu Wspólnoty Europejskiej
                 Pela União Europeia                                                    Pela Comunidade Europeia
                  Za Európsku úniu                                                       Za Európske spoločenstvo
                 Za Evropsko unijo                                                         za Evropsko skupnost
             Euroopan unionin puolesta                                                  Euroopan yhteisön puolesta
            På Europeiska unionens vägnar                                        På Europeiska gemenskapens vägnar

                                           Für die Schweizerische Eidgenossenschaft
                                                 Pour la Confédération suisse
                                                Per la Confederazione svizzera
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                                                                  ANNEX A

                                                                 (Article 2(1))

          Part 1 of this Annex refers to the 1985 Schengen Agreement and the Convention implementing this Agreement, signed in
          Schengen on 19 June 1990. Part 2 refers to the instruments of accession and Part 3 to the relevant Schengen secondary
          legislation.

                                                                   PART 1

          The provisions of the Agreement signed in Schengen on 14 June 1985 between the Governments of the States of the
          Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at
          their common borders.

          All provisions of the Convention signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal
          Republic of Germany, the French Republic, the Grand Duchy of Luxemburg and the Kingdom of the Netherlands,
          implementing the Schengen Agreement of 14 June 1985, with the exception of:

               Article 2(4) on controls on goods

               Article 4, as far as controls on baggage are concerned

               Article 10(2)

               Article 19(2)

               Articles 28 to 38 and related definitions

               Article 60

               Article 70

               Article 74

               Articles 77 to 91 insofar as they are covered by Council Directive 91/477/EEC of 18 June 1991 on control of the
               acquisition and possession of weapons

               Articles 120 to 125 on the movement of goods

               Articles 131 to 133

               Article 134

               Articles 139 to 142

               Final Act: Declaration 2

               Final Act: Declarations 4, 5 and 6

               Minutes

               Joint Declaration

               Declaration by Ministers and State Secretaries.
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                                                                   PART 2

            The provisions of the Accession Agreements and Protocols to the Schengen Agreement and the Schengen Convention with
            the Italian Republic (signed in Paris on 27 November 1990), the Kingdom of Spain and the Portuguese Republic (signed in
            Bonn on 25 June 1991), the Hellenic Republic (signed in Madrid on 6 November 1992), the Republic of Austria (signed in
            Brussels on 28 April 1995) and the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden (signed in
            Luxembourg on 19 December 1996), with the exception of:

            1.   The Protocol, signed in Paris on 27 November 1990, on accession of the Government of the Italian Republic to the
                 Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                 Germany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on
                 14 June 1985.

            2.   The following provisions of the Agreement, signed in Paris on 27 November 1990, on accession of the Italian
                 Republic to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June
                 1985 between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                 Germany and the French Republic on the gradual abolition of checks at common borders, its Final Act and related
                 Declarations:

                 Article 1

                 Articles 5 and 6

                 Final Act: Part I

                 Final Act: Part II, Declarations 2 and 3

                 Declaration by Ministers and State Secretaries.

            3.   The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the Kingdom of Spain to the
                 Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                 Germany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on
                 14 June 1985, as amended by the Protocol on Accession by the Government of the Italian Republic, signed in Paris on
                 27 November 1990, and its accompanying Declarations.

            4.   The following provisions of the Agreement signed in Bonn on 25 June 1991 on accession of the Kingdom of Spain to
                 the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985
                 between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany
                 and the French Republic on the gradual abolition of checks at common borders, to which the Italian Republic acceded
                 under the Agreement signed in Paris on 27 November 1990, its Final Act and related Declarations:

                 Article 1

                 Articles 5 and 6

                 Final Act: Part I

                 Final Act: Part II, Declarations 2 and 3

                 Final Act: Part III, Declarations 3 and 4

                 Declaration by Ministers and State Secretaries.

            5.   The Protocol, signed in Bonn on 25 June 1991, on accession of the Government of the Portuguese Republic to the
                 Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                 Germany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on
                 14 June 1985, as amended by the Protocol on Accession by the Government of the Italian Republic, signed in Paris on
                 27 November 1990, and its accompanying Declarations.
 ---pagebreak--- L 53/62           MT                                Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                          27.2.2008

          6.    The following provisions of the Agreement, signed in Bonn on 25 June 1991, on accession of the Portuguese Republic
                to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June 1985
                between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of Germany
                and the French Republic on the gradual abolition of checks at common borders, to which the Italian Republic acceded
                under the Agreement signed in Paris on 27 November 1990, its Final Act and related Declarations:

                Article 1

                Article 7 and 8

                Final Act: Part I

                Final Act: Part II, Declarations 2 and 3

                Final Act: Part III, Declarations 2, 3, 4 and 5

                Declaration by Ministers and State Secretaries.

          7.    The Protocol signed in Madrid on 6 November 1992 on accession of the Government of the Hellenic Republic to the
                Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                Germany and the French Republic on the gradual abolition of controls at their common borders signed at Schengen
                on 14 June 1985, as amended by the Protocols on accession by the Government of the Italian Republic, signed in
                Paris on 27 November 1990, and by the Governments of the Kingdom of Spain and the Portuguese Republic, signed
                in Bonn on 25 June 1991, and its accompanying Declarations.

          8.    The following provisions of the Agreement signed in Madrid on 6 November 1992 on accession of the Hellenic
                Republic to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June
                1985 between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                Germany and the French Republic on the gradual abolition of checks at common borders, to which acceded the Italian
                Republic under the Agreement signed in Paris on 27 November 1990, and the Kingdom of Spain and the Portuguese
                Republic under the Agreements signed in Bonn on 25 June 1991, its Final Act and related Declarations:

                Article 1

                Articles 6 and 7

                Final Act: Part I

                Final Act: Part II, Declarations 2, 3 and 4

                Final Act: Part III, Declarations 1 and 3

                Declaration by Ministers and State Secretaries.

          9.    The Protocol, signed in Brussels on 28 April 1995, on accession of the Government of the Republic of Austria to the
                Agreement between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                Germany and the French Republic on the gradual abolition of checks at common borders signed at Schengen on
                14 June 1985, as amended by the Protocols on accession by the Government of the Italian Republic, the Kingdom of
                Spain and the Portuguese Republic, and the Hellenic Republic, signed on 27 November 1990, 25 June 1991 and
                6 November 1992 respectively.

          10.   The following provisions of the Agreement signed in Brussels on 28 April 1995 on accession of the Republic of
                Austria to the Convention, signed at Schengen on 19 June 1990, implementing the Schengen Agreement of 14 June
                1985 between the Governments of the Member States of the Benelux Economic Union, the Federal Republic of
                Germany and the French Republic on the gradual abolition of checks at common borders, to which acceded the Italian
                Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic, under the Agreements signed
                on 27 November 1990, 25 June 1991 and 6 November 1992 respectively, and its Final Act:

                Article 1

                Articles 5 and 6

                Final Act: Part I

                Final Act: Part II, Declaration 2

                Final Act: Part III
 ---pagebreak--- 27.2.2008           MT                                Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                       L 53/63

            11.   The Protocol signed in Luxembourg on 19 December 1996 on accession of the Government of the Kingdom of
                  Denmark to the Agreement on the gradual abolition of checks at common borders signed at Schengen on 14 June
                  1985 and its related Declaration.

            12.   The following provisions of the Agreement signed in Luxembourg on 19 December 1996 on accession of the
                  Kingdom of Denmark to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
                  abolition of checks at common borders, signed at Schengen on 19 June 1990, and its Final Act and related
                  Declarations:

                  Article 1

                  Article 7 and 8

                  Final Act: Part I

                  Final Act: Part II, Declaration 2

                  Final Act: Part III

                  Declaration by Ministers and State Secretaries.

            13.   The Protocol signed in Luxembourg on 19 December 1996 on accession of the Government of the Republic of
                  Finland to the Agreement on the gradual abolition of checks at common borders signed at Schengen on 14 June 1985
                  and its related Declaration.

            14.   The following provisions of the Agreement signed in Luxembourg on 19 December 1996 on accession of the
                  Republic of Finland to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
                  abolition of checks at common borders, signed at Schengen on 19 June 1990, and its Final Act and related
                  Declaration:

                  Article 1

                  Articles 6 and 7

                  Final Act: Part I

                  Final Act: Part II, Declaration 2

                  Final Act: Part III, except the Declaration on the Åland Islands

                  Declaration by Ministers and State Secretaries.

            15.   The Protocol signed in Luxembourg on 19 December 1996 on accession of the Government of the Kingdom of
                  Sweden to the Agreement on the gradual abolition of checks at common borders signed at Schengen on 14 June 1985
                  and its related Declaration.

            16.   The following provisions of the Agreement signed in Luxembourg on 19 December 1996 on accession of the
                  Kingdom of Sweden to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
                  abolition of checks at common borders, signed at Schengen on 19 June 1990, and its Final Act and related
                  Declaration:

                  Article 1

                  Articles 6 and 7

                  Final Act: Part I

                  Final Act: Part II, Declaration 2

                  Final Act: Part III

                  Declaration by Ministers and State Secretaries.
 ---pagebreak--- L 53/64          MT                         Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                               27.2.2008

                                                            PART 3

          A.   The following Decisions of the Executive Committee:

          SCH/Com-ex (93) 10                       Confirmation of the Declarations by the Ministers and State Secretaries of
          14.12.1993                               19 June 1992 and 30 June 1993, on entry into force

          SCH/Com-ex (93) 14                       Improving practical cooperation between the judicial authorities to combat
          14.12.1993                               drug trafficking

          SCH/Com-ex (93) 21                       Extending the uniform visa
          14.12.1993

          SCH/Com-ex (93) 24                       Common procedures for cancelling, rescinding or shortening the length of
          14.12.1993                               validity of the uniform visa

          SCH/Com-ex (94) 1 Rev 2                  Adjustment measures aiming to remove obstacles and restrictions on traffic
          26.4.1994                                flows at road border crossing points at internal borders

          SCH/Com-ex (94) 15 Rev                   Introducing a computerised procedure for consulting the central authorities
          21.11.1994                               referred to in Article 17(2) of the implementing convention

          SCH/Com-ex (94) 16 Rev                   acquisition of common entry and exit stamps
          21.11.1994

          SCH/Com-ex (94) 17 Rev 4                 Introducing and applying the Schengen system in airports and aerodromes
          22.12.1994

          SCH/Com-ex (94) 25                       Exchanges of statistical information on the issue of uniform visas
          22.12.1994

          SCH/Com-ex (94) 28 Rev                   Certificate provided for in Article 75 for the transportation of drugs and/or
          22.12.1994                               psychotropic substances

          SCH/Com-ex (94) 29 Rev 2                 Entry into force of the Convention implementing the Schengen Agreement
          22.12.1994                               of 19 June 1990

          SCH/Com-ex (95) PV 1 Rev                 Common visa policy
          (Point 8)

          SCH/Com-ex (95) 20 Rev 2                 Approval of document SCH/I (95) 40 Rev 6 concerning the procedure for
          20.12.1995                               implementing Article 2(2) of the Convention

          SCH/Com-ex (95) 21                       Swift exchange between the Schengen States of statistical and tangible data
          20.12.1995                               on possible malfunctions at the external borders

          SCH/Com-ex (96) 13 Rev                   Principles for issuing Schengen visas in accordance with Article 30(1)(a) of
          27.6.1996                                the Convention implementing the Schengen Agreement

          SCH/Com-ex (97) 39 Rev                   Guiding Principles for means of proof and indicative evidence within the
          15.12.1997                               framework of readmission agreements between Schengen States

          SCH/Com-ex (98) 1 Rev 2                  Report on the activities of the task force
          21.4.1998

          SCH/Com-ex (98) 12                       Exchange at local level of statistics on visas
          21.4.1998

          SCH/Com-ex (98) 18 Rev                   Measures to be taken in respect of countries posing problems with regard to
          23.6.1998                                the issue of documents required to remove their nationals from Schengen
                                                   territory
                                                   READMISSION – VISA

          SCH/Com-ex (98) 19                       Monaco
          23.6.1998                                VISA – EXTERNAL BORDERS – SIS

          SCH/Com-ex (98) 21                       Stamping of passports of visa applicants
          23.6.1998                                VISAS
 ---pagebreak--- 27.2.2008          MT                         Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                        L 53/65

            SCH/Com-ex (98) 26 def                   Setting-up of the Schengen implementing Convention Standing Committee
            16.9.1998

            SCH/Com-ex (98) 29 Rev                   Catch-all clause to cover the whole technical Schengen acquis
            23.6.1998

            SCH/Com-ex (98) 35 Rev 2                 Forwarding the Common Manual to EU applicant States
            16.9.1998

            SCH/Com-ex (98) 37 def 2                 Action plan to combat illegal immigration
            16.9.1998

            SCH/Com-ex (98) 51 Rev 3                 Cross-border police cooperation in the area of crime prevention and
            16.12.1998                               detection

            SCH/Com-ex (98) 52                       Handbook on cross-border police cooperation
            16.12.1998

            SCH/Com-ex (98) 56                       Manual of documents on which a visa may be affixed
            16.12.1998

            SCH/Com-ex (98) 57                       Introduction of a harmonised form for invitations, proof of accommoda-
            16.12.1998                               tion, and the acceptance of obligations of maintenance support

            SCH/Com-ex (98) 59 Rev                   Coordinated deployment of document advisers
            16.12.1998

            SCH/Com-ex (99) 1 Rev 2                  Schengen standards in drugs situation
            28.4.1999

            SCH/Com-ex (99) 5                        SIRENE Manual update
            28.4.1999

            SCH/Com-ex (99) 6                        Telecoms situation
            28.4.1999

            SCH/Com-ex (99) 7 Rev 2                  Liaison officers
            28.4.1999

            SCH/Com-ex (99) 8 Rev 2                  Payments to informers and infiltrators
            28.4.1999

            SCH/Com-ex (99) 10                       Illegal trade in weapons
            28.4.1999

            SCH/Com-ex (99) 13                       Adoption of new versions of the Common Manual and the Common
            28.4.1999                                Consular Instructions

            SCH/Com-ex (99) 14                       Manual of documents on which a visa may be affixed
            28.4.1999

            SCH/Com-ex (99) 18                       Improvement of police cooperation with regard to the prevention and
            28.4.1999                                detection of crime

            B.   The following Declarations of the Executive Committee:

                           Declaration                                                Subject

            SCH/Com-ex (96) Decl 5                   Determination of the concept of third-country «alien»
            18.4.1996

            SCH/Com-ex (96) Decl 6 Rev. 2            Declaration on extradition
            26.6.1996

            SCH/Com-ex (97) Decl 13 Rev. 2           Abduction of minors
            21.4.1996
 ---pagebreak--- L 53/66          MT                         Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                        27.2.2008

          C.   The following Decisions of the Central Group:

                           Decision                                                  Subject

          SCH/C (98) 117                           Action plan to combat illegal immigration
          27.10.1998

          SCH/C (99) 25                            General principles for the remuneration of informants and infiltrators
          22.3.1999
 ---pagebreak--- 27.2.2008           MT                              Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                                 L 53/67

                                                                     ANNEX B

                                                                   (Article 2(2))

            Switzerland will apply the following acts from the date set by the Council in accordance with Article 15.

            If by that date a Convention or a Protocol referred to by an act marked below by an asterisk has not yet entered into force in
            all the Member States of the European Union at the time of adoption of the act concerned, Switzerland will apply the
            relevant provisions of these instruments only from the date on which the Convention or the Protocol at issue is in force for
            all the said Member States.

            —     Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (OJ L 256,
                  13.9.1991, p. 51) and Commission Recommendation 93/216/EEC of 25 February 1993 on the European firearms
                  pass (OJ L 93, 17.4.1993, p. 39) as modified by Commission Recommendation 96/129/EC of 12 January 1996
                  (OJ L 30, 8.2.1996, p. 47);

            —     Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995,
                  p. 1) as amended by Council Regulation (EC) No 334/2002 of 18 February 2002 (OJ L 53, 23.2.2002, p. 7);
                  Commission Decision of 7 February 1996 and Commission Decision of 3 June 2002 laying down further technical
                  specifications for the uniform format for visas (not published);

            —     Council 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 (OJ L 281,
                  23.11.1995, p. 31);

            —     Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the
                  Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union [provisions
                  referred to in Article 2(1) of the Convention] (OJ C 197, 12.7.2000, p. 1);*

            —     Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5),
                  41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition
                  of checks at common borders (OJ L 248, 3.10.2000, p. 1);

            —     Council Decision 2000/645/EC of 17 October 2000 correcting the Schengen acquis as contained in Schengen
                  Executive Committee SCH/Com-ex (94)15 Rev (OJ L 272, 25.10.2000, p. 24);

            —     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
                  (OJ L 81, 21.3.2001, p. 1) as amended by Council Regulation (EC) No 2414/2001 of 7 December 2001 (OJ L 327,
                  12.12.2001, p. 1) and by Council Regulation (EC) No 453/2003 of 6 March 2003 (OJ L 69, 13.3.2003, p. 10);

            —     Council Decision 2001/329/EC of 24 April 2001 updating Part VI and Annexes 3, 6 and 13 of the Common
                  Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p. 32);

            —     Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa (OJ L 150,
                  6.6.2001, p. 4);

            —     Council Decision 2001/420/EC of 28 May 2001 on the adaptation of Parts V and VI and Annex 13 of the Common
                  Consular Instructions on Visas and Annex 6a to the Common Manual with regard to long-stay visas valid
                  concurrently as short-stay visas (OJ L 150, 6.6.2001, p. 47);

            —     Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third
                  country nationals (OJ L 149, 2.6.2001, p. 34) and Council Decision 2004/191/EC of 23 February 2004 setting out
                  the criteria and practical arrangements for the compensation of the financial imbalances resulting from the
                  application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country
                  nationals (OJ L 60, 27.2.2004, p. 55);
 ---pagebreak--- L 53/68         MT                            Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                              27.2.2008

          —   Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention
              implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, p. 45);

          —   Council Act of 16 October 2001 establishing, in accordance with Article 34 of the Treaty on European Union, the
              Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European
              Union [provision referred to in Article 15 of the Protocol] (OJ C 326, 21.11.2001, p. 1);*

          —   Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen
              Information System (SIS II) (OJ L 328, 13.12.2001, p. 4);

          —   Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen
              Information System (SIS II) (OJ L 328, 13.12.2001, p. 1);

          —   Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Annex 12 to the Common Consular
              Instructions and Annex 14a to the Common Manual (OJ L 20, 23.1.2002, p. 5);

          —   Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued
              by Member States to persons holding travel documents not recognised by the Member State drawing up the form
              (OJ L 53, 23.2.2002, p. 4) and Commission Decision of 12 August 2002 laying down the technical specifications for
              the uniform format for affixing the visa issued by Member States to persons holding travel documents not recognised
              by the Member State drawing up the form (not published);

          —   Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual (OJ L 123, 9.5.2002,
              p. 47);

          —   Council Decision 2002/354/EC of 25 April 2002 on the adaptation of Part III of, and the creation of an Annex 16 to,
              the Common Consular Instructions (OJ L 123, 9.5.2002, p. 50);

          —   Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for
              third-country nationals (OJ L 157, 15.6.2002, p. 1) and Commission Decision of 14 August 2002 laying down the
              technical specifications for the uniform format for residence permits for third country nationals (not published);

          —   Council Decision 2002/585/EC of 12 July 2002 on the adaptation of Parts III and VIII of the Common Consular
              Instructions (OJ L 187, 16.7.2002, p. 44);

          —   Council Decision 2002/586/EC of 12 July 2002 on the amendment of Part VI of the Common Consular Instructions
              (OJ L 187, 16.7.2002, p. 48);

          —   Council Decision 2002/587/EC of 12 July 2002 on the revision of the Common Manual (OJ L 187, 16.7.2002,
              p. 50);

          —   Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to
              prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1);

          —   Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and
              residence (OJ L 328, 5.12.2002, p. 17);

          —   Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of
              such visas to seamen in transit (OJ L 64, 7.3.2003, p. 1);

          —   The provisions of the 1995 Convention on simplified extradition procedure between the Member States of the
              European Union (OJ C 78, 30.3.1995, p. 2) and of the 1996 Convention relating to extradition between the Member
              States of the European Union (OJ C 313, 23.10.1996, p. 12) referred to in Council Decision 2003/169/JHA of
              27 February 2003 determining which provisions of the 1995 Convention on simplified extradition procedure
              between the Member States of the European Union and of the 1996 Convention relating to extradition between the
              Member States of the European Union constitute developments of the Schengen acquis in accordance with the
              Agreement concerning the Republic of Iceland's and the Kingdom of Norway's association with the implementation,
              application and development of the Schengen acquis (OJ L 67, 12.3.2003, p. 25);*

          —   Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the
              law enforcement agencies of the Member States [except Article 8] (OJ L 67, 12.3.2003, p. 27);
 ---pagebreak--- 27.2.2008         MT                             Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                              L 53/69

            —   Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a
                Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common
                Manual (OJ L 99, 17.4.2003, p. 8);

            —   Council Regulation (EC) No 694/2003 of 14 April 2003 on uniform formats for Facilitated Transit Documents (FTD)
                and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003,
                p. 15);

            —   Council Decision No 2003/454 of 13 June 2003 amending Annex 12 of the Common Consular Instructions and
                Annex 14a of the Common Manual on visa fees (OJ L 152, 20.6.2003, p. 82);

            —   Council Regulation (EC) No 1295/2003 of 15 July 2003 relating to measures envisaged to facilitate the procedures for
                applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic or Paralympic
                Games in Athens (OJ L 183, 22.7.2003, p. 1);

            —   Council Decision 2003/585/EC of 28 July 2003 amending Annex 2, Schedule A, of the Common Consular
                Instructions and Annex 5, Schedule A, of the Common Manual on the visa requirements for holders of Pakistani
                diplomatic passports (OJ L 198, 6.8.2003, p. 13);

            —   Council Decision 2003/586/EC of 28 July 2003 on the amendment of Annex 3, Part I, of the Common Consular
                Instructions and Annex 5a, Part I of the Common Manual on third country nationals subject to airport visa
                requirements (OJ L 198, 6.8.2003, p. 15);

            —   Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the
                Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common
                borders (OJ L 260, 11.10.2003, p. 37);

            —   Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by
                air (OJ L 321, 6.12.2003, p. 26);

            —   Council Decision 2004/14/EC of 22 December 2003 amending the third subparagraph (Basic criteria for examining
                applications) of Part V of the Common Consular Instructions (OJ L 5, 9.1.2004, p. 74);

            —   Council Decision 2004/15/EC of 22 December 2003 amending point 1.2 of Part II of the Common Consular
                Instructions and drawing up a new Annex thereto (OJ L 5, 9.1.2004, p. 76);

            —   Council Decision 2004/17/EC of 22 December 2003 amending Part V, point 1.4, of the Common Consular
                Instructions and Part I, point 4.1.2 of the Common Manual as regards inclusion of the requirement to be in
                possession of travel medial insurance as one of the supporting documents for the grant of a uniform entry visa
                (OJ L 5, 9.1.2004, p. 79);

            —   Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers
                network (OJ L 64, 2.3.2004, p. 1);

            —   Council Decision 2004/466/EC of 29 April 2004 amending the Common Manual in order to include provisions for
                targeted border controls on accompanied minors (OJ L 157, 30.4.2004, p. 136);

            —   Corrigendum to Council Decision 2004/466/EC of 29 April 2004 amending the Common Manual in order to include
                provisions for targeted border controls on accompanied minors (OJ L 195, 2.6.2004, p. 44);

            —   Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the
                Schengen Information System, including the fight against terrorism (OJ L 162, 30.4.2004, p. 29);

            —   Council Directive 2004/82/EC of 29 April 2004 on the obligation for carriers to communicate passenger data
                (OJ L 261, 6.8.2004, p. 24);

            —   Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for the removal, from the
                territory of two or more Member States, of third-country nationals who are the subjects of individual removal orders
                (OJ L 261, 6.8.2004, p. 28);
 ---pagebreak--- L 53/70         MT                            Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                           27.2.2008

          —   Council Decision 2004/574/EC of 29 April 2004 amending the Common Manual (OJ L 261, 6.8.2004, p. 36);

          —   Council Decision 2004/581/EC of 29 April 2004 determining the minimum indications to be used on signs at border
              posts (OJ L 261, 6.8.2004, p. 119);

          —   Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004,
              p. 5).
 ---pagebreak--- 27.2.2008          MT                          Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                  L 53/71

                                                             FINAL ACT

            The plenipotentiaries have adopted the joint declarations listed below and annexed to this Final Act:

            1.   Joint Declaration of the Contracting Parties on parliamentary consultation;

            2.   Joint Declaration of the Contracting Parties on external relations;

            3.   Joint Declaration of the Contracting Parties on Article 23(7) of the Convention of 29 May 2000 on
                 Mutual Assistance in Criminal Matters between Member States of the European Union.

            The plenipotentiaries have also taken note of the declarations listed below and annexed to this Final Act:

            1.   Declaration by Switzerland on mutual assistance in criminal matters;

            2.   Declaration by Switzerland on Article 7(2)(b) (time limit for accepting new developments in the
                 Schengen acquis);

            3.   Declaration by Switzerland on the application of the European Convention on Mutual Assistance in
                 Criminal Matters and the European Convention on Extradition;

            4.   Declaration of the European Commission on the transmission of proposals;

            5.   Declaration of the European Commission on the committees that assist the European Commission in the
                 exercise of its executive powers.
 ---pagebreak--- L 53/72            MT                         Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                   27.2.2008

      Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.

      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendvier.

      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

      Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

      Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

      Fait à Luxembourg, le vingt-six octobre deux mille quatre.

      Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.

      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

      Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.

      Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizend vier.

      Sporządzono w Luksemburgu dnia dwudziestego szóstego października roku dwa tysiące czwartego.

      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.

      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.
 ---pagebreak--- 27.2.2008      MT                           Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                   L 53/73

                Por la Unión Europea                                                    Por la Comunidad Europea
                 Za Evropskou unii                                                       Za Evropské společenství
             For Den Europæiske Union                                                  For Det Europæiske Fællesskab
              Für die Europäische Union                                           Für die Europäische Gemeinschaft
                Euroopa Liidu nimel                                                      Euroopa Ühenduse nimel
               Για την Ευρωπαϊκή Ένωση                                                  Για την Ευρωπαϊκή Κοινότητα
               For the European Union                                                  For the European Community
              Pour l'Union européenne                                              Pour la Communauté européenne
                Per l'Unione europea                                                     Per la Comunità europea
               Eiropas Savienības vārdā                                                   Eiropas Kopienas vārdā
               Europos Sąjungos vardu                                                    Europos bendrijos vardu
              az Európai Unió részéről                                                 az Európai Közösség részéről
                Għall-Unjoni Ewropea                                                     Għall-Komunità Ewropea
               Voor de Europese Unie                                               Voor de Europese Gemeenschap
             W imieniu Unii Europejskiej                                          W imieniu Wspólnoty Europejskiej
                 Pela União Europeia                                                    Pela Comunidade Europeia
                  Za Európsku úniu                                                       Za Európske spoločenstvo
                 Za Evropsko unijo                                                         za Evropsko skupnost
             Euroopan unionin puolesta                                                  Euroopan yhteisön puolesta
            På Europeiska unionens vägnar                                        På Europeiska gemenskapens vägnar

                                           Für die Schweizerische Eidgenossenschaft
                                                 Pour la Confédération suisse
                                                Per la Confederazione svizzera
 ---pagebreak--- L 53/74          MT                           Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                         27.2.2008

                                    JOINT DECLARATIONS OF THE CONTRACTING PARTIES

                    JOINT DECLARATION OF THE CONTRACTING PARTIES ON PARLIAMENTARY CONSULTATION

          The Contracting Parties consider that matters covered by this Agreement should be discussed at the European
          Parliament-Switzerland interparliamentary meetings.

                         JOINT DECLARATION OF THE CONTRACTING PARTIES ON EXTERNAL RELATIONS

          The Contracting Parties agree that the European Community undertake to encourage third countries or
          international organisations with which it concludes agreements in areas linked to Schengen cooperation to
          conclude similar agreements with the Swiss Confederation, without prejudice to the latter's competence to
          conclude such agreements.

          JOINT DECLARATION OF THE CONTRACTING PARTIES ON ARTICLE 23(7) OF THE CONVENTION OF 29 MAY 2000
             ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN UNION

          The Contracting Parties agree that Switzerland may, subject to the provisions of Article 23(1)(c) of the
          Convention on Mutual Assistance in Criminal Matters between Member States of the European Union, in the
          circumstances of a particular case, demand, unless the Member State concerned has obtained the consent of
          the data subject, that personal data not be used for the purposes referred to in Article 23(1)(a) and (b) without
          the prior consent of Switzerland in proceedings in which Switzerland could have refused or restricted the
          transmission or use of personal data under the Convention or the instruments referred to in Article 1 thereof.

          If, in a particular case, Switzerland refuses to give its consent to a request from a Member State pursuant to the
          above provisions, it must give reasons for its decision in writing.
 ---pagebreak--- 27.2.2008          MT                           Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                         L 53/75

                                                       OTHER DECLARATIONS

                          DECLARATION BY SWITZERLAND ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

            Switzerland declares that tax offences in the direct tax field being investigated by the Swiss authorities may not
            give rise, when this Agreement enters into force, to an appeal before a court competent inter alia to hear
            criminal matters.

                                          DECLARATION BY SWITZERLAND ON ARTICLE 7(2)(b)

                             (Time limit for accepting new developments in the schengen acquis)

            The maximum time limit of two years laid down in Article 7(2)(b) covers both the approval and the
            implementation of the act or measure. It includes the following stages:

            —    the preparatory stage;

            —    the parliamentary procedure;

            —    the referendum deadline (100 days from the official publication of the act) and, where applicable;

            —    the referendum (organisation and voting).

            The Federal Council shall inform the Council and the Commission without delay of the completion of each of
            these stages.

            The Federal Council undertakes to use every means at its disposal to ensure that the abovementioned stages are
            completed as swiftly as possible.

            DECLARATION BY SWITZERLAND ON THE APPLICATION OF THE EUROPEAN CONVENTION ON MUTUAL
                    ASSISTANCE IN CRIMINAL MATTERS AND THE EUROPEAN CONVENTION ON EXTRADITION

            Switzerland undertakes to refrain from invoking its reservations and declarations made when ratifying the
            European Convention on Extradition of 13 December 1957 and the European Convention on Mutual
            Assistance in Criminal Matters of 20 April 1959 in so far as they are incompatible with this Agreement.

                        DECLARATION OF THE EUROPEAN COMMISSION ON THE TRANSMISSION OF PROPOSALS

            When forwarding proposals relating to this Agreement to the Council of the European Union and to the
            European Parliament, the Commission shall forward copies of such proposals to Switzerland.
 ---pagebreak--- L 53/76          MT                          Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                      27.2.2008

          DECLARATION OF THE EUROPEAN COMMISSION ON THE COMMITTEES THAT ASSIST THE EUROPEAN
                             COMMISSION IN THE EXERCISE OF ITS EXECUTIVE POWERS.

          At present, in addition to the committee set up by Article 31 of 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, 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 are:

          —    the committee set up by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down
               a uniform format for visas (Visa Committee); and

          —    the committee set up by Article 5 of Council Decision of 6 December 2001 (2001/886/JAI) and by
               Article 5 of Council Regulation (EC) No 2424/2001 of 6 December 2001, both instruments that refer to
               the development of the second generation Schengen information system (SIS II) (SIS II Committee).
 ---pagebreak--- 27.2.2008          MT                            Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                         L 53/77

                                                              AGREEMENT
            in the form of an Exchange of Letters between the Council of the European Union and the Swiss
            federation on the committees that assist the European Commission in the exercise of its executive
                                                          powers

            A.   Letter from the European Community

                 Sir,

                 The Council refers to the negotiations concerning the Agreement on the association of the
                 Swiss Confederation with the implementation, application and development of the Schengen acquis
                 and has taken due note of the request of the Swiss Confederation, in the spirit of its participation in the
                 decision-making process in the fields covered by the Agreement and in order to enhance the smooth
                 operation of the Agreement, to be fully associated with the work of the committees which assist the
                 European Commission in the exercise of its executive powers.

                 The Council notes that in future, when such procedures will be applied in the fields covered by the
                 Agreement, there will indeed be a need to associate the Swiss Confederation with the work of these
                 committees, inter alia, in order to ensure that the procedures of the Agreement have been applied to the
                 acts or measures concerned, so that these may become binding on the Swiss Confederation.

                 The European Community undertakes to negotiate appropriate arrangements with a view to associating
                 the Swiss Confederation with the work of these committees.

                 As regards 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:

                 —      The European Commission shall ensure that the experts from the Swiss Confederation participate as
                        widely as possible, where a specific point concerns the application of the Schengen acquis and
                        exclusively for that point, in preparing draft measures to be submitted subsequently to the
                        committee established under Article 31 of that Directive, which assists the European Commission
                        in the exercise of its executive powers. Accordingly, when drawing up its proposals, the European
                        Commission shall consult the experts from the Swiss Confederation on the same basis as the
                        experts from the Member States;

                 —      Under the second subparagraph of Article 29(2) of the said Directive, the Swiss Confederation may
                        appoint a representative of the supervisory authority or of the authorities designated by the Swiss
                        Confederation to participate as an observer, without voting rights, in meetings of the group for the
                        protection of individuals with regard to the processing of personal data. Participation will take place
                        on the basis of an ad hoc invitation where a specific point concerns the application of the Schengen
                        acquis and exclusively for that point.

                 I would be obliged if you would confirm that your Government is in agreement with the above.

                 Please accept, Sir, the assurance of my highest consideration.
 ---pagebreak--- L 53/78          MT                            Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                         27.2.2008

          B.   Reply from the Swiss Confederation

               Sir,

               Thank for your letter dated …, worded as follows:

               ‘The Council refers to the negotiations concerning the Agreement on the association of the Swiss
               Confederation with the implementation, application and development of the Schengen acquis and has
               taken due note of the request of the Swiss Confederation, in the spirit of its participation in the decision-
               making process in the fields covered by the Agreement and in order to enhance the smooth operation of
               the Agreement, to be fully associated with the work of the committees which assist the European
               Commission in the exercise of its executive powers.

               The Council notes that in future, when such procedures will be applied in the fields covered by the
               Agreement, there will indeed be a need to associate the Swiss Confederation with the work of these
               committees, inter alia, in order to ensure that the procedures of the Agreement have been applied to the
               acts or measures concerned, so that these may become binding on the Swiss Confederation.

               The European Community undertakes to negotiate appropriate arrangements with a view to associating
               the Swiss Confederation with the work of these committees.

               As regards 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:

               —      The European Commission shall ensure that the experts from the Swiss Confederation participate as
                      widely as possible, where a specific point concerns the application of the Schengen acquis and
                      exclusively for that point, in preparing draft measures to be submitted subsequently to the
                      committee established under Article 31 of that Directive, which assists the European Commission
                      in the exercise of its executive powers. Accordingly, when drawing up its proposals, the European
                      Commission shall consult the experts from the Swiss Confederation on the same basis as the
                      experts from the Member States;

               —      Under the second subparagraph of Article 29(2) of the said Directive, the Swiss Confederation may
                      appoint a representative of the supervisory authority or of the authorities designated by the Swiss
                      Confederation to participate as an observer, without voting rights, in meetings of the group for the
                      protection of individuals with regard to the processing of personal data. Participation will take place
                      on the basis of an ad hoc invitation where a specific point concerns the application of the Schengen
                      acquis and exclusively for that point.

               I would be obliged if you would confirm that your Government is in agreement with the above.’

               It is my pleasure to inform you that the Federal Council has indicated its agreement to the above
               arrangements.

               Please accept, Sir, the assurance of my highest consideration.
 ---pagebreak--- 27.2.2008          MT                           Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea                                          L 53/79

                                   JOINT DECLARATION ON JOINT MEETINGS OF MIXED COMITTEES

            The Delegations representing the Governments of the Member States of the European Union,

            The Delegation of the European Commission,

            The Delegations representing the Governments of the Republic of Iceland and the Kingdom of Norway,

            The Delegation representing the Government of the Swiss Confederation,

            —    have decided to organise the meetings of the Mixed Committees, established by the Agreement on the
                 association of Iceland and Norway with the implementation, application and development of the
                 Schengen acquis, on the one hand, and the agreement on the association of Switzerland with the
                 implementation, application and development of the Schengen acquis, on the other hand, jointly, no
                 matter the level of the meeting.

            —    note that holding these meetings jointly calls for a pragmatic arrangement regarding the office of
                 presidency of such meetings when that presidency is to be held by the associated States according to the
                 Agreement between the European Union, the European Community and the Swiss Confederation
                 concerning the latter's association with the implementation, application and development of the
                 Schengen acquis or the Agreement concluded by the Council of the European Union and the Republic of
                 Iceland and the Kingdom of Norway concerning the latter's association with the implementation,
                 application and development of the Schengen acquis.

            —    note the wish of the associated States to cede, as necessary, the exercise of their presidencies and rotate it
                 among them in alphabetical order of name as of the entry into force of the Agreement between the
                 European Union, the European Community and the Swiss Confederation concerning the latter's asso-
                 ciation with the implementation, application and development of the Schengen acquis.