CELEX: 52004PC0593(03)
Language: en
Date: 2004-09-14
Title: Proposal for a Council Decision on the conclusion on behalf of the European Union of 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         Brussels, 14.09.2004
                                                         COM(2004)593 final
                                                         2004/0199(CNS)
                                                         2004/0200(CNS)
                                            Proposal for a
                                       COUNCIL DECISION
       on the signature, on behalf of the European Union, of 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
                                            Proposal for a
                                       COUNCIL DECISION
    on the signature, on behalf of the European Community, of 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
                                            Proposal for a
                                       COUNCIL DECISION
       on the conclusion on behalf of the European Union of 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
EN                                                                                         EN
 ---pagebreak---                                            Proposal for a
                                      COUNCIL DECISION
   on the conclusion, on behalf of the European Community, of 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
                                           Proposal for a
                                      COUNCIL DECISION
    on the signature, on behalf of the European Community, of the Agreement between the
     European Community and Switzerland concerning the criteria and mechanisms for
       establishing the State responsible for examining a request for asylum lodged in a
                                Member State or in Switzerland
                                           Proposal for a
                                      COUNCIL DECISION
    on the conclusion on behalf of the European Community of the Agreement between the
     European Community and Switzerland concerning the criteria and mechanisms for
       establishing the State responsible for examining a request for asylum lodged in a
                                Member State or in Switzerland
                                  (presented by the Commission)
EN                                                                                       EN
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
   Negotiations between the European Community and the Swiss Confederation on Seven
   Agreements were concluded in June 1999. All those Agreements entered simultaneously into
   force on 1 June 2002. Attached to the agreements, the Swiss Confederation made a
   declaration on migration and asylum policy declaring its intention to participate in the EU
   system for coordinating asylum policies and proposing that negotiations be entered into for
   the conclusion of a convention parallel to the Dublin Convention.
   Following the authorization given to the Commission on 17 June 2002, negotiations were held
   with the Swiss Confederation on its association with the implementation, application and
   development of the Schengen Acquis as well as with the legislation establishing Eurodac1 and
   the legislation on the State responsible for examining requests for asylum (which has been
   adopted subsequently and which will be referred to as “Dublin” Regulation2). Consequently,
   the texts of two separate agreements have been agreed upon.
   According to the negotiating directives, the agreements follow the model of the agreements
   with Norway and Island - concerning the latter’s association with the implementation,
   application and development of the Schengen acquis3 and concerning the criteria and
   mechanisms for establishing the State responsible for examining a request for asylum lodged
   in a Member State or Iceland or Norway4 - adapted to the specific constitutional requirements
   of Switzerland.
   In addition, the negotiating directives requested that Switzerland must accept the Schengen
   acquis and its development as well as the Dublin/Eurodac acquis and its development without
   exception and derogation. Furthermore the directives demanded a clear link between the
   implementation and the termination of the two Agreements. The negotiating directives also
   requested that Switzerland provide an annual contribution of to the administrative cost and
   operational costs of Schengen and of Dublin/Eurodac.
   The Commission considers that the texts are in accordance with the negotiating directives
   adopted by the Council on 17 June 2002. The sole exception to the principle of full
   acceptance of the current and future Schengen acquis is the derogation granted to Switzerland
   in respect ofg the acceptance of future acquis related to requests for search and seizure in
   respect of offences in the field of direct taxation, which if committed in Switzerland, would
   not be punishable under Swiss law with a custodial penalty. This derogation was necessary in
   order to conclude an Agreement with Switzerland in the field of savings taxation, which in
   turn was necessary for the entry into force of Council directive 2003/48/EC of 3.6.2000 on
   taxation of savings income in the form of interest payments5. COREPER approved this
   1
           Council Regulation N° 2725/2000/EC of 11.12.2000 concerning the establishment of “Eurodac” for the
           comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316 of
           15.12.2000, p. 1)
   2
           Council Regulation N° 343/2003/EC of 18.2.2003 establishing the criteria and mechanisms for
           determining the Member State responsible for examining an asylum application lodged in one of the
           Member States by a third-country national (OJ L 50 of 25.2.2003, p. 1)
   3
           OJ L 176 of 10.7.1999, p. 36.
   4
           OJ L 93 of 3.4.2001, p. 40.
   5
           O J L 157 of 26.6.2003, p. 38.
EN                                                      3                                                     EN
 ---pagebreak---    derogation on 17.5.2004 as part of an overall compromise with Switzerland in a wide range of
   sectors, which was agreed upon in the EU/Switzerland summit on 19.5.20046.
   As far as indirect taxation is concerned, no derogation has been granted as regards both
   current and future acquis. Switzerland will grant full judicial cooperation under Article 51 of
   the Schengen Convention concerning cases of indirect tax evasion.7 Indirect tax evasion is
   prosecuted in Switzerland by administrative authorities where the decision may give rise to
   proceedings before a court having jurisdiction in particular in criminal matters. Therefore,
   Article 51 a) second alternative of the Schengen Convention is applicable.
   Since the two agreements on Schengen and on Dublin/Eurodac are linked, both agreements
   should be signed simultaneously.
   The following points are highlighted in order to show the differences with or adaptations to
   the corresponding Agreements concluded with Norway and Iceland:
   Schengen:
   As the Commission has clearly indicated in its declaration made at the time of the adoption of
   the directives for negotiation for the agreement on the Schengen acquis, it is regrettable that
   these directives foresaw a single agreement, including elements from the first as well as from
   the third pillar. These elements from different pillars are of a fundamentally different nature
   (the elements from the first pillar are of a Community law nature, including supremacy and
   possible direct effect, whereas the elements from the third pillar are not), they are subject to
   different procedures with respect to approval and conclusion (e.g. the third pillar elements are
   not subject to an opinion of Parliament) and are subject to the ECJ’s jurisdiction to different
   degrees. In order to take account of these differences, the Commission proposes to adopt the
   Agreement on the Schengen acquis, by two separate acts, one based on the Community Treaty
   and the other on the Union Treaty, each decision indicating by a reference to Council
   Decision 1999/436/EC8 which parts of the Schengen acquis, covered by the Agreement, fall
   within the Community Treaty and which within the Treaty on European Union. This will
   particularly assist the Court as to the extent of its jurisdiction.
   Agreement:
   Article 7 (2) b:
   Switzerland is granted a two year period for acceptance and implementation of future acquis
   into its internal legal order in case a referendum is requested. If possible, Switzerland has to
   apply the development of the acquis on a provisional basis. If Switzerland cannot apply the
   content of the development on a provisional basis, EU and EC may take proportional and
   necessary measures against Switzerland in order to ensure the efficient functioning of the
   Schengen cooperation.
   This safeguard clause makes it possible for EU and EC to accept an eventual two year delay
   for the implementation of future acquis by Switzerland. In this context, Switzerland explained
   6
            Council document 9544/04
   7
            cf non-paper of the services of the Commission on the Schengen acquis concerning letters rogatory for
            search and seizure, MD 59/03 (EFTA group)
   8
            OJ L 176 of 10.7.1999, p. 17.
EN                                                       4                                                        EN
 ---pagebreak---    that only 5 % of the measures developing the Schengen acquis and adopted between the
   integration of the Schengen acquis in the framework of the European Union in 1999 and today
   could have lead to an eventual referendum.
   Article 7 (5):
   According to the negotiating directives, Switzerland accepts the Schengen acquis and its
   development in its entirety. The only exception to this general principle is laid down in
   Article 7 (5) on the future development of the Schengen acquis and concerns a possible future
   act or measure relating to a request or order for search and seizure made for the purposes of
   investigating or prosecuting offences in the field of direct taxation, which, if committed in
   Switzerland, would not be punishable under Swiss law with a custodial penalty.
   Article 11:
   The calculation of the percentage determining the annual contribution of Switzerland to the
   administrative costs is based on the relevant Norwegian and Icelandic contributions, in
   relation to the GDP of these three countries.
   Article 13:
   According to Denmark’s special position with regard to acts adopted pursuant to Title IV of
   the Treaty establishing the European Community, Denmark needs to conclude a separate
   Agreement with Switzerland in order to create rights and obligations with Switzerland in
   relation to the Schengen acquis adopted pursuant to Title IV.
   In addition, Norway and Iceland also need to conclude an agreement with Switzerland in
   order to create rights and obligations between all associated partners applying the Schengen
   acquis.
   Article 15:
   Paragraph 1 lays down the principle that the Schengen acquis can only be implemented by
   Switzerland after the Council decides that all preconditions for that implementation have been
   fulfilled by Switzerland and that controls at its external borders are effective.
   In addition, paragraph 1 provides for the different scenarios for this decision taking according
   to the protocols annexed to the Amsterdam Treaty and to the Act of Accession of the ten new
   Member States.
   Paragraph 3 and 4 implement the demand of the negotiating directives to provide for a link
   between the implementation and termination of the Schengen agreement and the
   implementation and termination of the agreement on the criteria and mechanism for
   establishing the State responsible for examining a request for asylum.
   Article 16:
   Article 16 allows Liechtenstein to join the present Agreement. This provision avoids the
   conclusion of a separate Agreement with Liechtenstein and thus the creation of a third Mixed
   Committee once Liechtenstein would be associated with the Schengen acquis. Liechtenstein
   can take part in the present organisational structure.
EN                                                  5                                               EN
 ---pagebreak---    Annexes A and B list the Schengen acquis and its development and will be updated until the
   date of signature.
   Final Act:
   Declaration 2 makes clear that EU/EC does not exercise external competences on behalf of
   Switzerland. When negotiations with third countries have an impact on the Schengen acquis
   (e.g. negotiations on visa waiver agreements) EU/EC will invite third countries to conclude
   similar agreements with the three associated countries. The declaration can only concern
   Switzerland, but the same commitment is valid for Norway and Iceland, although it has not
   been explicitly mentioned in the final Act to the Agreement with these two countries.
   Declaration 3 is based on the special provision granted to Luxembourg and is a result of the
   compromise reached with Switzerland concerning its derogation mentioned in Article 7 (5) of
   the Agreement.
   In declaration 5 Switzerland commits itself to speed up as much as possible the different
   procedures where a referendum is asked.
   Declaration 6 is a consequence of accepting the Schengen acquis without exception and
   derogation.
   Declaration 8 only serves information purposes.
   Exchange of letters on Switzerland’s participation in Committees assisting the Commission in
   the exercise of its executive powers:
   Like Norway and Iceland, Switzerland will also participate as observer in the work of the
   Committees assisting the Commission in the exercise of its executive powers. In declaration 2
   annexed to the Agreement with Norway and Iceland, the European Union stated that it
   considers 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 data9 to be an integral part of the Schengen acquis. It has not been
   included in the list of the Schengen acquis attached to the Agreement with Iceland and
   Norway as the directive already formed part of the EEA acquis and therefore was applied
   already by Iceland and Norway.
   The participation of these two countries in the work of Committees established in the EEA is
   laid down in Article 100 of the EEA Agreement, which is different to the participation in
   “Schengen Committees”: in Committees dealing with matters which have an impact on the
   EEA acquis, representatives of EEA countries are not present. Their participation is ensured
   as wide as possible in the preparatory stage of draft measures. Switzerland is not member of
   the EEA, but it is excluded that via an association with the Schengen acquis, the rights of
   Switzerland would go beyond the rights granted to Norway and Iceland which have chosen
   for an even deeper cooperation with the EU in form of the EEA Agreement.
   Consequently, in order to establish equal rights and obligations, Switzerland’s position must
   be the same as that for Iceland and Norway. Since the data protection directive covers areas
   going beyond the Schengen acquis, information given to Switzerland must be limited to
   9
           OJ L 281, 23.11.1995, p. 31
EN                                                 6                                               EN
 ---pagebreak---    points which are specifically relevant for the application of the Schengen acquis. In addition,
   Switzerland, like Iceland and Norway, can designate a representative to participate as
   observer in the “Working Party on the Protection of Individuals with regard to the Processing
   of Personal Data” (Article 29) concerning those points which are specifically relevant for
   Schengen.
   Common declaration on joint meetings of the Mixed Committees
   The Agreement with Iceland and Norway as well as the Agreement with Switzerland establish
   a Mixed Committee in order to address all Council items relevant for the implementation,
   application and development of the Schengen acquis. All parties agree that the meetings of
   these two Mixed Committees shall be held jointly.
   In order to maintain the current structure that for the first period of six months of the year the
   representative of the European Union and for the second period of six months, an associated
   country presides the Mixed Committee at the level of senior officials and ministers, all
   associated countries expressed their wish to cede, as necessary, the exercise of their
   presidencies and rotate it among them in alphabetical order of name.
   Dublin/Eurodac:
   Agreement:
   Article 4 (3) (corresponds on substance to Article 7 (2) b of the Schengen agreement):
   Switzerland is granted a two years period for acceptance and implementation of future acquis
   into its internal legal order in case a referendum is requested. If possible, Switzerland has to
   apply the development of the acquis on a provisional basis. If Switzerland cannot apply the
   content of the development on a provisional basis, the EC may take proportional and
   necessary measures against Switzerland in order to ensure the efficient functioning of the
   Dublin/Eurodac cooperation.
   Article 8:
   The calculation of the contribution of Switzerland to the costs of the central unit of Eurodac is
   based on the relevant Norwegian and Icelandic contributions, in relation to the GDP of these
   three countries.
   Article 11:
   According to Denmark’s special position with regard to acts adopted pursuant to Title IV of
   the Treaty establishing the European Community, Denmark needs to be associated via a
   protocol to the present Agreement in order to create rights and obligations between Denmark
   and Switzerland in relation to the provisions of Dublin/Eurodac.
   In addition, Norway and Iceland need to conclude an agreement with Switzerland in order to
   create rights and obligations between all associated partners applying the Dublin/Eurodac
   acquis.
EN                                                 7                                                  EN
 ---pagebreak---    Article 12:
   According to this article, some parts of the Agreement, e.g. the creation of the Joint
   Committee, are provisionally applied upon signature. This provisional application (and a
   similar provisional application is provided for in Schengen) will allow Switzerland to prepare
   itself for the technical implementation of the Agreement during the period of ratification.
   Article 14:
   This article creates the necessary link between the implementation and termination of the
   agreement on Dublin/Eurodac and the implementation and termination of the Schengen
   agreement.
   Article 15:
   As for Schengen, this provision allows Liechtenstein to join the agreement between the EC
   and Switzerland on Dublin/Eurodac.
   Final Act:
   Declaration 2 stipulates that Switzerland’s position concerning its participation in the data
   protection directive, laid down in the exchange of letters on Switzerland’s participation in
   Committees assisting the Commission in the exercise of its executive powers annexed to the
   Schengen Agreement, applies mutatis mutandis for items which specifically concern the
   application of the Dublin regulation or Eurodac.
   Declaration 3 corresponds to the similar declaration made by Switzerland in relation to the
   Schengen Agreement (declaration 5) by which it commits itself to speed up as much as
   possible the different procedures in case a referendum is asked.
   Declaration 4 only serves information purposes. It is nevertheless worth mentioning that for
   Dublin/Eurodac the participation in Committees assisting the commission in its exercise of
   executive powers - in accordance with the Iceland and Norway model for their participation in
   Dublin/Eurodac - follows the same structure as that foreseen in article 100 of the EEA
   Agreement (see Article 2 (6) of the Draft Agreement).
   Common declaration on joint meetings of the Joint Committees
   The Agreement with Iceland and Norway as well as the Agreement with Switzerland establish
   each a Joint Committee in order to address all items relevant for the implementation,
   application and development of the Dublin/Eurodac acquis. All parties agree that the meetings
   of these two Joint Committees shall be held jointly.
   In order to prevail the current structure that for the first period of six months of the year the
   representative of the European Union and for the second period of six months, an associated
   country presides the Joint Committee, all associated countries expressed their wish to cede, as
   necessary, the exercise of their presidencies and rotate it among them in alphabetical order of
   name.
EN                                                 8                                                 EN
 ---pagebreak---    Declarations of the heads of delegations (agreed minutes):
   For the sake of completeness, attention is drawn to the following declaration of the heads of
   delegations in the context of the Schengen Agreement, which, however, do not form part of
   the Agreement:
   Declaration 1 lays down that the General Secretariat of the Council and the Swiss mission are
   in regular contacts in order to allow Switzerland to proceed as fast as possible with its internal
   procedures to fulfil its constitutional requirements (e.g. if a Member State lifted an
   parliamentary reservation etc).
   Declaration 2 states that Council Directive 91/477/EEC of 18 June 1991 on control of the
   acquisition and possession of weapons does not apply to the acquisition or possession of
   weapons and ammunition by - amongst others - the armed forces. Switzerland requested the
   Commission’s services to verify that its current Swiss system on the loan issuance of military
   weapons in the framework of young marksmen preservice course, the issuance of military
   weapons during the military service and the issuance of the service weapon – transformed into
   a semi-automatic weapon - after the military service, is covered by the above mentioned
   exemption from the application of the directive.
   Declaration 3 reflects the interest to develop, as far as possible, Switzerland’s cooperation
   with Eurojust and with the European Judicial Network.
EN                                                 9                                                  EN
 ---pagebreak---                                               Proposal for a
                                          COUNCIL DECISION
        on the signature, on behalf of the European Union, of 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
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 and Article 38
   thereof,
   Whereas:
   (1)      Following the authorization given to the Presidency, assisted by the Commission, on
            17 June 2002, negotiations with the Swiss Authorities, regarding the association of
            Switzerland with the implementation, application and development of the Schengen
            Acquis have been concluded;
   (2)      Subject to its conclusion at a later date, it is desirable to sign the agreement that was
            initialled on 25 June 2004;
   (3)      As far as the development of the Schengen acquis is concerned, which falls under Title
            VI of the Treaty on European Union, it is appropriate to make Council Decision
            1999/437/EC10 on certain arrangements for the application of the Agreement
            concluded by the Council of the European Union and the Republic of Iceland and the
            Kingdom of Norway concerning the association of those two States with the
            implementation, application and development of the Schengen acquis applicable to the
            relations with Switzerland upon signature;
   (4)      The United Kingdom is taking part in this Decision, in accordance with Article 5 of
            the Protocol integrating the Schengen acquis into the framework of the European
            Union annexed to the Treaty on European Union and to the Treaty establishing the
            European Community and Article 8(2) of Council Decision 2000/365/EC of 29 May
            2000 concerning the request of the United Kingdom of Great Britain and Northern
            Ireland to take part in some of the provisions of the Schengen acquis11;
   (5)      Ireland is taking part in this Decision in accordance with Article 5 of the Protocol
            integrating the Schengen acquis into the framework of the European Union annexed to
            the Treaty on European Union and to the Treaty establishing the European Community
   10
            OJ L 176 of 10.7.1999, p. 31.
   11
            OJ L 131, 1.6.2000, p. 43
EN                                                  10                                                EN
 ---pagebreak---           and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning
          Ireland’s request to take part in some of the provisions of the Schengen acquis12;
   HAS DECIDED AS FOLLOWS:
                                                Article 1
   Subject to its conclusion at a later date, the President of the Council is hereby authorized to
   designate the person empowered to sign on behalf of the European Union 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, and the related documents consisting of the Final Act, of the Exchange
   of Letters concerning the Committees that will assist the Commission in the exercise of its
   executive power, and of the Common Declaration on joint meetings of the Mixed
   Committees.
                                                Article 2
   This decision applies to the fields covered by the provisions listed in Annexes A and B of the
   Agreement and to their development to the extent such provisions have, or, in accordance
   with Decision 1999/436/EC13, have been determined to have, a legal base within the Treaty
   on European Union.
                                                Article 3
   The provisions of Council Decision 1999/437/EC shall apply, in the same way, to the
   association of Switzerland with the implementation, application and development of the
   Schengen acquis, which falls under Title VI of the Treaty on European Union .
   Done at Brussels,
                                                 For the Council
                                                 The President
   12
          OJ L 64, 7.3.2002, p.20
   13
          OJ L 176 of 10.7.1999, p. 17.
EN                                                 11                                              EN
 ---pagebreak---                                              Proposal for a
                                         COUNCIL DECISION
    on the signature, on behalf of the European Community, of 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
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles
   62, 63 (3), 66 and 95 in conjunction with the second sentence of the first subparagraph of
   Article 300(2) thereof,
   Having regard to the proposal from the Commission14,
   Whereas:
   (1)     Following the authorization given to the Commission on 17 June 2002, negotiations
           with the Swiss Authorities, regarding the association of Switzerland with the
           implementation, application and development of the Schengen Acquis have been
           concluded;
   (2)     Subject to its conclusion at a later date, it is desirable to sign the agreement that was
           initialled on 25 June 2004;
   (3)     As far as the development of the Schengen acquis is concerned, which falls under the
           Treaty establishing the European Community, it is appropriate to make Council
           Decision 1999/437/EC15 on certain arrangements for the application of the Agreement
           concluded by the Council of the European Union and the Republic of Iceland and the
           Kingdom of Norway concerning the association of those two States with the
           implementation, application and development of the Schengen acquis applicable to the
           relations with Switzerland upon signature;
   (4)     In accordance with the Protocol integrating the Schengen acquis into the framework of
           the European Union annexed to the Treaty on European Union and to the Treaty
           establishing the European Community and with Council Decision 2000/365/EC of 29
           May 2000 concerning the request of the United Kingdom of Great Britain and
           Northern Ireland to take part in some of the provisions of the Schengen acquis16, the
           United Kingdom is not participating in this Decision and is not bound by it or subject
   14
           OJ C , , p. .
   15
           OJ L 176 of 10.7.1999, p. 31.
   16
           OJL 131, 1.6.2000, p. 43
EN                                                 12                                                EN
 ---pagebreak---            to its application except as concerns the provisions of Articles 26, 27, 75 and 76 of the
           Schengen Convention and measures building upon them;
   (5)     In accordance with the Protocol integrating the Schengen acquis into the framework of
           the European Union annexed to the Treaty on European Union and to the Treaty
           establishing the European Community and with Council Decision 2002/192/EC of 28
           February 2002 concerning Ireland’s request to take part in some of the provisions of
           the Schengen acquis17, Ireland is not participating in this Decision and is not bound by
           it or subject to its application, except as concerns the provisions of Articles 26, 27, 75
           and 76 of the Schengen Convention and measures building upon them;
   (6)     In accordance with Articles 1 and 2 of the Protocol on the position of Denmark
           annexed to the Treaty on European Union and the Treaty establishing the European
           Community, Denmark is not participating in the adoption of this Decision and is not
           bound by it or subject to its application;
   HAS DECIDED AS FOLLOWS:
                                                 Article 1
   Subject to its conclusion at a later date, the President of the Council is hereby authorized to
   designate the person empowered to sign on behalf of the European Community 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, and the related documents consisting of the Final Act,
   of the Exchange of Letters concerning the Committees that will assist the Commission in the
   exercise of its executive power, and of the Common Declaration on joint meetings of the
   Mixed Committees.
                                                 Article 2
   This decision applies to the fields covered by the provisions listed in Annexes A and B of the
   Agreement and to their development to the extent that such provisions have, or, in accordance
   with Decision 1999/436/EC18, have been determined to have, a legal base within the Treaty
   establishing the European Community.
   17
           OJ L 64, 7.3.2002, p.20
   18
           OJ L 176 of 10.7.1999, p. 17.
EN                                                  13                                                EN
 ---pagebreak---    The provisions of Council Decision 1999/437/EC shall apply, in the same way, to the
   association of Switzerland with the implementation, application and development of the
   Schengen acquis, which falls under the Treaty establishing the European Community.
   Done at Brussels,
                                              For the Council
                                              The President
EN                                              14                                        EN
 ---pagebreak---                                               Proposal for a
                                          COUNCIL DECISION
        on the conclusion on behalf of the European Union of 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
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 and Article 38
   thereof,
   Having regard to the recommendation of the Presidency,
   Whereas:
   (1)      Following the authorization given to the Presidency, assisted by the Commission, on
            17 June 2002, negotiations with the Swiss Authorities, regarding the association of
            Switzerland with the implementation, application and development of the Schengen
            Acquis have been concluded;
   (2)      According to a Council Decision …./…./CE of ……2004, and subject to its
            conclusion at a later date, the Agreement has been signed on behalf of the European
            Community on ….2004;
   (3)      The Agreement should now be approved;
   (4)      As far as the development of the Schengen acquis is concerned, which falls under Title
            VI of the Treaty on European Union, it is appropriate to make Council Decision
            1999/437/EC19 on certain arrangements for the application of the Agreement
            concluded by the Council of the European Union and the Republic of Iceland and the
            Kingdom of Norway concerning the association of those two States with the
            implementation, application and development of the Schengen acquisapplicable to the
            relations with Switzerland;
   (5)      The United Kingdom is taking part in this Decision, in accordance with Article 5 of
            the Protocol integrating the Schengen acquis into the framework of the European
            Union annexed to the Treaty on European Union and to the Treaty establishing the
            European Community and Article 8(2) of Council Decision 2000/365/EC of 29 May
            2000 concerning the request of the United Kingdom of Great Britain and Northern
            Ireland to take part in some of the provisions of the Schengen acquis20;
   19
            OJ L 176 of 10.7.1999, p. 31.
   20
            OJL 131, 1.6.2000, p. 43
EN                                                  15                                             EN
 ---pagebreak---    (6)     Ireland is taking part in this Decision in accordance with Article 5 of the Protocol
           integrating the Schengen acquis into the framework of the European Union annexed to
           the Treaty on European Union and to the Treaty establishing the European Community
           and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning
           Ireland’s request to take part in some of the provisions of the Schengen acquis21;
   HAS DECIDED AS FOLLOWS:
                                                Article 1
   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, and the related documents consisting of the Final Act,
   of the Exchange of Letters concerning the Committees that will assist the Commission in the
   exercise of its executive power, and of the Common Declaration on joint meetings of the
   Mixed Committees are hereby approved on behalf of the European Union.
   The text of the Agreement, the Final Act, the Exchange of Letters, and the Common
   Declaration are attached to this Decision.
                                                Article 2
   This decision applies to the fields covered by the provisions listed in Annexes A and B of the
   Agreement and to their development to the extent such provisions have, or, in accordance
   with Decision 1999/436/EC22, have been determined to have, a legal base within the Treaty
   on European Union.
                                                Article 3
   The provisions of Council Decision 1999/437/EC shall apply, in the same way, to the
   association of Switzerland with the implementation, application and development of the
   Schengen acquis, which falls under Title VI of the Treaty on European Union.
                                                Article 4
   The President of the Council is hereby authorised to designate the person empowered to
   deposit on behalf of the European Union the Instrument of approval provided for in Article 14
   of the Agreement, in order to express the consent of the European Union to be bound.
   21
           OJ L 64, 7.3.2002, p.20
   22
           OJ L 176 of 10.7.1999, p. 17
EN                                                 16                                             EN
 ---pagebreak---                                               Article 5
   This Decision shall be published in the Official Journal of the European Union.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                17                               EN
 ---pagebreak---                                                           2004/0199(CNS)
                                             Proposal for a
                                         COUNCIL DECISION
   on the conclusion, on behalf of the European Community, of 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
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles
   62, 63 (3), 66 and 95 in conjunction with the second sentence of the first subparagraph of
   Article 300(2) and the first subparagraph of Article 300 (3) thereof,
   Having regard to the proposal from the Commission23,
   Having regard the opinion of the European Parliament,
   Whereas:
   (1)     Following the authorization given to the Commission on 17 June 2002, negotiations
           with the Swiss Authorities, regarding the association of Switzerland with the
           implementation, application and development of the Schengen Acquis have been
           concluded;
   (2)     According to a Council Decision …./…./CE of ……2004, and subject to its
           conclusion at a later date, the Agreement has been signed on behalf of the European
           Community on ….2004;
   (3)     The Agreement should now be approved;
   (4)     As far as the development of the Schengen acquis is concerned, which falls under the
           Treaty establishing the European Community, it is appropriate to make Council
           Decision 1999/437/EC24 on certain arrangements for the application of the Agreement
           concluded by the Council of the European Union and the Republic of Iceland and the
           Kingdom of Norway concerning the association of those two States with the
           implementation, application and development of the Schengen acquis applicable to the
           relations with Switzerland;
   (5)     In accordance with the Protocol integrating the Schengen acquis into the framework of
           the European Union annexed to the Treaty on European Union and to the Treaty
   23
           OJ C , , p. .
   24
           OJ L 176 of 10.7.1999, p. 31.
EN                                                18                                             EN
 ---pagebreak---            establishing the European Community and with Council Decision 2000/365/EC of 29
           May 2000 concerning the request of the United Kingdom of Great Britain and
           Northern Ireland to take part in some of the provisions of the Schengen acquis25, the
           United Kingdom is not participating in this Decision and is not bound by it or subject
           to its application, except as concerns the provisions of Articles 26, 27, 75 and 76 of the
           Schengen Convention and measures building upon them;
   (6)     In accordance with the Protocol integrating the Schengen acquis into the framework of
           the European Union annexed to the Treaty on European Union and to the Treaty
           establishing the European Community and with Council Decision 2002/192/EC of 28
           February 2002 concerning Ireland’s request to take part in some of the provisions of
           the Schengen acquis26, Ireland is not participating in this Decision and is not bound by
           it or subject to its application, except as concerns the provisions of Articles 26, 27, 75
           and 76 of the Schengen Convention and measures building upon them;
   (7)     In accordance with Articles 1 and 2 of the Protocol on the position of Denmark
           annexed to the Treaty on European Union and the Treaty establishing the European
           Community, Denmark is not participating in the adoption of this Decision and is not
           bound by it or subject to its application;
   HAS DECIDED AS FOLLOWS:
                                                 Article 1
   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, and the related documents consisting of the Final Act,
   of the Exchange of Letters concerning the Committees that will assist the Commission in the
   exercise of its executive power, and of the Common Declaration on joint meetings of the
   Mixed Committees are hereby approved on behalf of the European Community.
   The text of the Agreement, the Final Act, the Exchange of Letters, and the Common
   Declaration are attached to this Decision.
                                                 Article 2
   This decision applies to the fields covered by the provisions listed in Annexes A and B of the
   Agreement and to their development to the extent that such provisions have, or, in accordance
   with Decision 1999/436/EC27, have been determined to have, a legal base within the Treaty
   establishing the European Community.
   25
           OJL 131, 1.6.2000, p. 43
   26
           OJ L 064, 7.3.2002, p.20
   27
           OJ L 176 of 10.7.1999, p. 17.
EN                                                  19                                                EN
 ---pagebreak---                                               Article 3
   The provisions of Council Decision 1999/437/EC shall apply, in the same way, to the
   association of Switzerland with the implementation, application and development of the
   Schengen acquis, which falls under the Treaty establishing the European Community.
                                              Article 4
   The President of the Council is hereby authorised to designate the person empowered to
   deposit on behalf of the European Community the Instrument of approval provided for in
   Article 14 of the Agreement, in order to express the consent of the Community to be bound.
                                              Article 5
   This Decision shall be published in the Official Journal of the European Union.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                20                                          EN
 ---pagebreak---                                              Proposal for a
                                       COUNCIL DECISION
    on the signature, on behalf of the European Community, of the Agreement between the
      European Community and Switzerland concerning the criteria and mechanisms for
       establishing the State responsible for examining a request for asylum lodged in a
                                  Member State or in Switzerland
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article
   63 (1) (a), in conjunction with the first sentence of the first subparagraph of Article 300(2)
   thereof,
   Having regard to the proposal from the Commission28,
   Whereas:
   (1)    Following the authorization given to the Commission on 17 June 2002, negotiations
          with the Swiss Authorities, regarding criteria and mechanisms for establishing the
          State responsible for examining a request for asylum lodged in a Member State or in
          Switzerland have been concluded;
   (2)    Subject to its conclusion at a later date, is desirable to sign the agreement that was
          initialled on 25 June 2004;
   (3)    In accordance with Article 3 of the Protocol on the position of the United Kingdom
          and Ireland annexed to the Treaty on European Union and the Treaty establishing the
          European Community, the United Kingdom and Ireland are taking part in the adoption
          and application of this Decision;
   (4)    In accordance with Articles 1 and 2 of the Protocol on the position of Denmark
          annexed to the Treaty on European Union and the Treaty establishing the European
          Community, Denmark is not participating in the adoption of this Decision and is not
          bound by it or subject to its application;
   HAS DECIDED AS FOLLOWS:
                                              Sole Article
   Subject to its conclusion at a later date, the President of the Council is hereby authorized to
   designate the person empowered to sign on behalf of the European Community the
   28
           OJ C , , p. .
EN                                                 21                                              EN
 ---pagebreak---    Agreement between the European Community and Switzerland concerning the criteria and
   mechanisms for establishing the State responsible for examining a request for asylum lodged
   in a Member State or in Switzerland, and the related documents consisting of the Final Act,
   and of the Common Declaration on joint meetings of the Joint Committees.
   Done at Brussels,
                                              For the Council
                                              The President
EN                                             22                                              EN
 ---pagebreak---                                                           2004/0200(CNS)
                                            Proposal for a
                                       COUNCIL DECISION
    on the conclusion on behalf of the European Community of the Agreement between the
      European Community and Switzerland concerning the criteria and mechanisms for
       establishing the State responsible for examining a request for asylum lodged in a
                                  Member State or in Switzerland
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article
   63 (1) (a), in conjunction with the first sentence of the first subparagraph of Article 300(2)
   and the first subparagraph of Article 300 (3) thereof,
   Having regard to the proposal from the Commission29,
   Having regard the opinion of the European Parliament,
   Whereas:
   (1)    Following the authorization given to the Commission on 17 June 2002, negotiations
          with the Swiss Authorities, regarding the criteria and mechanisms for establishing the
          State responsible for examining a request for asylum lodged in a Member State or in
          Switzerland have been concluded;
   (2)    According to a Council Decision …./…./CE of ……2004, and subject to its final
          conclusion at a later date, this Agreement has been signed on behalf of the European
          Community on ….2004;
   (3)    The Agreement should now be approved;
   (4)    It is also necessary to make arrangements for the application of certain provisions of
          the Agreement;
   (5)    The Agreement establishes a Joint Committee with decision-making powers in certain
          areas and it is thus necessary to specify who represents the Community within this
          Committee;
   (6)    It is further necessary to provide for a procedure laying down how a Community
          position is adopted;
   29
          OJ C , , p. .
EN                                                23                                              EN
 ---pagebreak---    (7)     In accordance with Article 3 of the Protocol on the position of the United Kingdom
           and Ireland annexed to the Treaty on European Union and the Treaty establishing the
           European Community, the United Kingdom and Ireland are taking part in the adoption
           and application of this Decision;
   (8)     In accordance with Articles 1 and 2 of the Protocol on the position of Denmark
           annexed to the Treaty on European Union and the Treaty establishing the European
           Community, Denmark is not participating in the adoption of this Decision and is not
           bound by it or subject to its application;
   HAS DECIDED AS FOLLOWS:
                                                Article 1
   The Agreement between the European Community and Switzerland concerning the criteria
   and mechanisms for establishing the State responsible for examining a request for asylum
   lodged in a Member State or in Switzerland, and the related documents consisting of the Final
   Act, and of the Common Declaration on joint meetings of the Joint Committees are hereby
   approved on behalf of the European Community.
   The texts of the Agreement, the Final Act, and the Common Declaration are attached to this
   Decision.
                                                Article 2
   The President of the Council is hereby authorised to designate the person empowered to
   deposit on behalf of the European Community the Instrument of approval provided for in
   Article 12 of the Agreement, in order to express the consent of the Community to be bound.
                                                Article 3
   The Commission shall represent the Community in the Joint Committee established by Article
   3 of the Agreement.
                                                Article 4
   1.      The position of the Community within the Joint Committee with regard to the
   adoption of its Rules of Procedure as required under Article 3(2) of the Agreement shall be
   taken by the Commission after consultation of a special committee designated by the Council.
   2.      For all other Joint Committee decisions, the position of the Community shall be
   adopted by the Council, acting by qualified majority, on a proposal by the Commission.
EN                                                  24                                           EN
 ---pagebreak---                                               Article 5
   This Decision shall be published in the Official Journal of the European Union.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                25                               EN
 ---pagebreak---                                          AGREEMENT
           between the European Union, the European Community and the Swiss
    Confederation on the latter’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 in so far 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 Norway30 associated the latter
   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.
   30
           OJ L 176, 10.7.1999, p. 35.
EN                                                26                                           EN
 ---pagebreak---    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.
   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 in application of 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.31
   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
   31
            OJ L 131, 1.6.2000, p. 43 and OJ L 64, 7.3.2002, p. 20.
EN                                                       27                                       EN
 ---pagebreak---    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
   1.      The Swiss Confederation, hereinafter referred to as "Switzerland”, shall be
   associated with the activities of the European 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.
   2.      This Agreement creates reciprocal rights and obligations in accordance with the
   procedures set out herein.
                                             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 be implemented and applied by Switzerland.
   2.      The provisions of the acts of the European Union and of the European
   Community listed in Annex B to this Agreement, to the extent that they have replaced
   and/or developed corresponding provisions of, or provisions adopted pursuant to, the
   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 the Schengen Agreement, shall be implemented and applied by
   Switzerland.
   3.      The acts and measures taken by the European Union and the European
   Community amending or building upon the provisions 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 3
   1.      A Mixed Committee is hereby established, consisting of representatives of the
   Swiss Government, members of the Council of the European Union, hereinafter referred
   to as the "Council", and members of the Commission of the European Communities,
   hereinafter referred to as the "Commission".
   2.      The Mixed Committee shall adopt its own Rules of Procedure by consensus.
   3.      The Mixed Committee shall meet at the initiative of its President or at the request
   of any of its members.
   4.      Subject to Article 4(2), the Mixed Committee shall meet at the level of Ministers,
   senior officials or experts, as circumstances require.
EN                                                 28                                          EN
 ---pagebreak---    5.       The office of President of the Mixed Committee shall be held:
   - at the level of experts: by the representative of the European Union;
   - at the level of senior officials and Ministers: alternately, for a period of six months, by
   the representative of the European Union and by the representative of the Swiss
   Government.
                                              Article 4
   1.       The Mixed Committee shall address, in accordance with this Agreement, all
   matters covered by Article 2 and shall ensure that any concern entertained by Switzerland
   is duly considered.
   2.       In the Mixed Committee at ministerial level, the representatives of Switzerland
   shall have the opportunity:
   –          to explain the problems they encounter in respect of a particular act or measure
              or to respond to the problems encountered by other delegations;
   –          to express themselves on any questions concerning the development of
              provisions of concern to them or the implementation thereof.
   3.       Meetings of the Mixed Committee at ministerial level shall be prepared by the
   Mixed Committee at the level of senior officials.
   4.       The representative of the Swiss Government shall have the right to make
   suggestions in the Mixed Committee relating to the matters mentioned in Article 1. After
   discussion, the Commission or any Member State may consider such suggestions with a
   view to making a proposal or taking an initiative, in accordance with the rules of the
   European Union, for the adoption of an act or measure of the European Community or
   the European Union.
                                              Article 5
   Without prejudice to Article 4, the Mixed Committee shall be informed about the
   preparation within the Council of any acts or measures which may be relevant to this
   Agreement.
                                              Article 6
   When drafting new legislation in a field which is covered by this Agreement, the
   Commission shall informally seek advice from Swiss experts in the same way as it seeks
   advice from experts of the Member States for drawing up its proposals.
EN                                                  29                                           EN
 ---pagebreak---                                              Article 7
   1.       The adoption of new acts or measures related to the matters referred to in
   Article 2 shall be reserved to the competent 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 States concerned and for
   Switzerland, unless those acts or 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 constitutional requirements.
   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 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 the Commission within thirty days of the adoption of the acts or measures
   concerned.
   (b) If the contents of such an act or measure can become 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 notification. Switzerland shall promptly
   inform the Council and the Commission in writing upon fulfilment 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, Switzerland shall have a
   maximum of two years from the date of the Council's notification within which to make
   its 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 have
   been met, Switzerland shall, where possible, implement the act or measure in question on
   a provisional basis.
   If Switzerland cannot implement the act or measure at issue on a provisional basis, and if
   this causes difficulties that disrupt the operation of Schengen cooperation, the situation
   shall be examined by the Mixed Committee. The European Union and the European
   Community may take proportionate, appropriate measures against Switzerland to ensure
   that Schengen cooperation operates smoothly.
   3.       Acceptance by Switzerland of the acts and measures referred to in paragraph 2
   creates rights and obligations between Switzerland, on the one hand, and the European
   Union, the European Community and the Member States, in so far as they are bound by
   these acts and measures, on the other hand.
   4.       Where:
   (a) Switzerland notifies its decision not to accept the contents of an act or measure
   referred to in paragraph 2 and to which the procedures set out in this Agreement have
   been applied; or
   (b) Switzerland does not carry out notification within the thirty-day time limit referred to
   in paragraph 2(a) or paragraph 5(a); or
EN                                                 30                                           EN
 ---pagebreak---    (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 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 or measure
   concerned;
   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 ninety days. Termination of this Agreement shall take effect three
   months after the expiry of the ninety-day period.
   5.      (a) If provisions of a new act or measure have the effect of no longer allowing
   Member States to subject compliance with requests for mutual assistance in criminal
   matters or the 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 Schengen Agreement, Switzerland may notify the Council and the
   Commission within the period of thirty days referred to in paragraph 2, point (a) that it
   will not accept or implement those provisions in its internal legal order where they apply
   to search and seizure requests or orders made for the purposes of investigating or
   prosecuting offences in the field of direct taxation which, if committed 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 of paragraph 4.
   (b) The Mixed Committee shall convene within two months following a request by one
   of its members and, taking into account international developments, shall discuss the
   situation resulting from notification pursuant to point (a).
   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 measure, paragraphs 2, point (b), 3 and 4 shall apply. The information referred to in
   the first sentence of paragraph 2, point (b) shall be provided within thirty days of the
   agreement reached in the Mixed Committee.
                                             Article 8
   1.      In order to achieve the Contracting Parties’ objective of ensuring the most
   uniform possible application and interpretation of the provisions referred to in Article 2,
   the Mixed Committee shall keep under constant review developments in the case-law of
   the Court of Justice of the European Communities, hereinafter referred to as the “Court
   of Justice”, and in the case-law relating to such provisions of the competent Swiss courts.
   To that end a mechanism shall be set up to ensure regular mutual transmission of such
   case-law.
   2.      Switzerland shall have the right to submit statements of case or written
   observations to the Court of Justice in cases where 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.
EN                                                 31                                          EN
 ---pagebreak---                                               Article 9
   1.       Each year Switzerland shall report to the Mixed Committee 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.
   2.       If, within two months of being notified of a substantial divergence between Court
   of Justice case-law and that of 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 Article 2, the Mixed Committee is unable to
   ensure a uniform application and interpretation, the procedure provided for in Article 10
   shall be initiated.
                                              Article 10
   1.       In the event of a dispute about the application of this Agreement or where the
   situation provided for in Article 9(2) occurs, the matter shall be officially entered as a
   matter of dispute on the agenda of the Mixed Committee, meeting at ministerial level.
   2.       The Mixed Committee shall have ninety days to settle the dispute, counting from
   the date of adoption of the agenda on which the dispute has been placed.
   3.       Where the dispute cannot be settled by the Mixed Committee within the
   ninety-day deadline provided for in paragraph 2, this deadline shall be extended by thirty
   days with a view to reaching a final settlement.
   If no final settlement is reached, this Agreement shall be terminated six months after the
   expiry of the thirty-day period.
                                              Article 11
   1.       As regards the administrative costs associated with implementing this Agreement,
   Switzerland shall make an annual contribution to the general budget of the European
   Communities of 7.286% of an amount of EUR 8 100 000, subject to annual adjustment to
   reflect inflation in the European Union.
   2.       As regards the costs of developing the second generation Schengen Information
   System (SIS II), Switzerland shall contribute to the general budget of the European
   Communities 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 of all the participating States.
   The contribution for the financial years preceding the entry into force of this Agreement
   shall be payable when the Agreement enters into force.
   3.       In cases where the operating costs associated with implementing this Agreement
   are not charged to the general budget of the European Communities but are directly
   payable by the participating Member States, Switzerland shall contribute to these costs in
EN                                                  32                                        EN
 ---pagebreak---    accordance with its gross domestic product, calculated as a percentage of the gross
   domestic product of all the participating States.
   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 accordance with its gross domestic product as a percentage of the gross
   domestic product of all the participating States.
   4.      Switzerland shall have the right to receive documents drawn up by the
   Commission or the Council pertaining to this Agreement and, at meetings of the Mixed
   Committee, to request interpreting into an official language of the institutions of the
   European Communities of its choosing.
                                            Article 12
   1.      This Agreement shall not affect in any respect the agreements concluded between
   the European Community and Switzerland, or between the European Community and its
   Member States, of the one part, and Switzerland, of the other part.
   2.      This Agreement shall not affect the agreements binding Switzerland, of the one
   part, and one or more Member States, of the other part, in so far as they are compatible
   with this Agreement. If these agreements are incompatible with this Agreement, the latter
   shall prevail.
   3.      This Agreement shall not affect in any respect any future agreements concluded
   with Switzerland by the European Community, or between the European Community and
   its Member States, of the one part, and Switzerland, of the other part, or agreements
   concluded on the basis of Articles 24 and 38 of the Treaty on European Union.
                                            Article 13
   1.      Switzerland shall conclude an agreement with the Kingdom 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
   European Community; 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 shall therefore apply to these provisions.
   2.      Switzerland shall conclude an agreement with the Republic 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 development of the
   Schengen acquis.
                                            Article 14
   1.      This Agreement shall enter into force one month after the day on which the
   Secretary General of the Council, in his capacity as its depositary, has established that all
   the formal requirements have been met as regards the expression of consent by, or on
   behalf of, the Parties to be bound by this Agreement.
EN                                                33                                             EN
 ---pagebreak---    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.
   3.      With respect to acts or measures adopted after this Agreement has been signed
   but before it enters into force, the thirty-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.
                                              Article 15
   1.      The provisions referred to in Annexes A and B and those 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
   Member States which apply all the provisions of Annexes A and B, after consulting the
   Mixed Committee and after having satisfied itself that the preconditions for
   implementation of the relevant provisions have been fulfilled by Switzerland and that
   controls at its external borders are effective.
   The Members of the Council representing the governments of Ireland and of the United
   Kingdom of Great Britain and Northern Ireland shall be involved in taking this decision
   in so far as it relates to the provisions of the Schengen acquis and the acts based on it or
   related to it in which these Member States participate.
   The Members of the Council representing the governments of the Member States to
   which, in accordance with the Treaty of Accession, only some of the provisions of
   Annexes A and B apply shall be involved in taking this decision in so far as it relates to
   the provisions of the Schengen acquis that are already applicable to them.
   2.      Implementation of the provisions referred to in paragraph 1 shall create rights and
   obligations between Switzerland, of the one part, and, depending on the case, the
   European Union, the European Community and the Member States, in so far as they are
   bound by these provisions, of the other part.
   3.      This Agreement shall be applied only if the agreements referred to in Article 13
   are also implemented.
   4.      Moreover, this Agreement shall be applied only if the agreement between the
   European Community and Switzerland 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.
                                              Article 16
   1.      Liechtenstein may accede to this Agreement.
   2.      The accession of Liechtenstein shall be the subject of a protocol to this
   Agreement setting out all the consequences of accession, including the creation of rights
   and obligations between Liechtenstein and Switzerland, and between Liechtenstein, of
   the one part, and the European Union, the European Community and its Member States,
   in so far as they are bound by the provisions of the Schengen acquis, of the other part.
EN                                                   34                                            EN
 ---pagebreak---                                              Article 17
   This Agreement may be terminated by Switzerland or by decision of the Council acting
   by unanimity of its Members. The depositary shall be notified of termination, which shall
   take effect six months after notification.
                                             Article 18
   This Agreement shall be considered to have been terminated if Switzerland terminates
   one of the agreements referred to in Article 13 or the agreement referred to in
   Article 15(4).
   Done at… on… in the Czech, Danish, Dutch, English, Estonian, Finnish, French,
   German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak,
   Slovenian, Spanish and Swedish languages, each text being equally authentic.
EN                                                 35                                        EN
 ---pagebreak---                                              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 in 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 in so far as they are covered by Council Directive 91/477/EEC on
   control of the acquisition and possession of firearms
   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
EN                                                 36                                  EN
 ---pagebreak---    Joint Declaration
   Declaration by Ministers and State Secretaries.
                                             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:
EN                                               37                                         EN
 ---pagebreak---    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.
   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
EN                                                 38                                     EN
 ---pagebreak---    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
   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.
EN                                               39                                        EN
 ---pagebreak---    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
EN                                                 40                                       EN
 ---pagebreak---    Final Act: Part I
   Final Act: Part II, declaration 2
   Final Act: Part III
   Declaration by Ministers and State Secretaries.
                                           PART 3
   A. The following Decisions of the Executive Committee:
EN                                               41       EN
 ---pagebreak---    SCH/COM-EX (93) 14 IMPROVING   PRACTICAL COOPERATION BETWEEN
                      THE JUDICIAL AUTHORITIES TO COMBAT DRUG
   14.12.1993         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  ADJUSTMENT MEASURES AIMING TO REMOVE
   REV 2              OBSTACLES AND RESTRICTIONS ON TRAFFIC FLOWS
                      AT ROAD BORDER CROSSING POINTS AT INTERNAL
   26.4.1994          BORDERS
   SCH/COM-EX (94) 15 INTRODUCING   A COMPUTERISED PROCEDURE FOR
   REV                CONSULTING     THE    CENTRAL   AUTHORITIES
                      REFERRED TO IN ARTICLE 17(2) OF THE
   21.11.1994         IMPLEMENTING CONVENTION
   SCH/COM-EX (94) 16 ACQUISITION OF COMMON ENTRY AND EXIT
   REV                STAMPS
   21.11.1994
   SCH/COM-EX (94) 17 INTRODUCING    AND APPLYING THE SCHENGEN
   REV 4              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 CERTIFICATE PROVIDED FOR IN ARTICLE 75 FOR
   REV                THE TRANSPORTATION OF DRUGS AND/OR
                      PSYCHOTROPIC SUBSTANCES
   22.12.1994
   SCH/COM-EX (94) 29 ENTRY    INTO FORCE OF THE CONVENTION
   REV 2              IMPLEMENTING THE SCHENGEN AGREEMENT OF
                      19 JUNE 1990
   22.12.1994
   SCH/COM-EX (95) PV COMMON VISA POLICY
   1 REV
   (POINT 8)
EN                             42                                 EN
 ---pagebreak---        SCH/COM-EX (95) 20      APPROVAL OF DOCUMENT SCH/I (95) 40 REV. 6
       REV 2                   CONCERNING THE PROCEDURE FOR IMPLEMENTING
                               ARTICLE 2(2) OF THE CONVENTION
       20.12.1995
       SCH/COM-EX (95) 21      SWIFT   EXCHANGE BETWEEN THE SCHENGEN
                               STATES  OF STATISTICAL AND TANGIBLE DATA ON
       20.12.1995              POSSIBLE MALFUNCTIONS AT THE EXTERNAL
                               BORDERS
       SCH/COM-EX (96) 13      PRINCIPLES  FOR ISSUING SCHENGEN VISAS IN
       REV                     ACCORDANCE WITH ARTICLE 30(1)(A) OF THE
                               CONVENTION IMPLEMENTING THE SCHENGEN
       27.6.1996               AGREEMENT
   SCH/COM-EX (97) 39 REV  GUIDING PRINCIPLES    FOR MEANS OF PROOF AND
                           INDICATIVE EVIDENCE WITHIN THE FRAMEWORK OF
   15.12.1997              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 THE ISSUE OF
   23.6.1998               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
   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
EN                                      43                                  EN
 ---pagebreak---    SCH/COM-EX (98) 35 REV  FORWARDING THE     COMMON MANUAL       TO  EU
   2                       APPLICANT STATES
   16.9.1998
   SCH/COM-EX (98) 37  DEF ACTION PLAN TO COMBAT ILLEGAL IMMIGRATION
   2
   16.9.1998
   SCH/COM-EX (98) 51 REV  CROSS-BORDER POLICE COOPERATION IN THE AREA OF
   3                       CRIME PREVENTION AND DETECTION
   16.12.1998
   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 ACCOMMODATION, AND THE
   16.12.1998              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 DRUGS SITUATION
   28.4.1999
   SCH/COM-EX (99) 5       SIRENE MANUAL
   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
EN                                      44                                EN
 ---pagebreak---     SCH/COM-EX (99) 10            ILLEGAL TRADE IN WEAPONS
    28.4.1999
    SCH/COM-EX (99) 13            WITHDRAWAL     OF OLD VERSIONS AND ADOPTION OF
                                  NEW VERSIONS OF THE COMMON MANUAL AND THE
    28.4.1999                     COMMON 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 DETECTION OF CRIME
    28.4.1999
   B. The following Declarations of the Executive Committee:
           DECLARATION                                 SUBJECT
    SCH/COM-EX (96) DECL 5 5        DETERMINATION OF     THE  CONCEPT   OF THIRD-
                                    COUNTRY “ALIEN”
    18.4.1996
    SCH/COM-EX (96) DECL 5 6        DECLARATION ON EXTRADITION
    REV. 2
    26.6.1996
    SCH/COM-EX (97) DECL 5          ABDUCTION OF MINORS
    13 REV. 2
    21.4.1996
   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
EN                                              45                                EN
 ---pagebreak---                                               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 No 1683/95/EC of 29 May 1995 laying down a uniform
             format for visas (OJ L 164, 14.7.1995, p.1) as amended by Council Regulation
             No 334/2002/EC 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 No 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 No 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 No 539/2001/EC 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 No 2414/2001/EC
EN                                                  46                                       EN
 ---pagebreak---      of 7 December 2001 (OJ L 327, 12.12.2001, p.1) and by Council Regulation
     No 453/2003/EC of 6 March 2003 (OJ L 69, 13.3.2003, p. 10);
   – Council Decision No 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 No 1091/2001/EC of 28 May 2001 on freedom of
     movement with a long-stay visa (OJ L 150, 6.6.2001, p. 4);
   – Council Decision No 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 of 2.6.2001, p.
     34) and Council Decision No 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);
   – 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 No 2424/2001/EC 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 No 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 No 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 No 333/2002/EC 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,
     23.02.2002, p. 4) and Commission Decision of 12 August 2002 laying down the
     technical specifications for the uniform format for affixing the visa issued by
EN                                          47                                         EN
 ---pagebreak---      Member States to persons holding travel documents not recognised by the
     Member State drawing up the form (not published);
   – Council Decision No 2002/352/EC of 25 April 2002 on the revision of the
     Common Manual (OJ L 123, 09.05.2002, p. 47);
   – Council Decision No 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, 09.05.2002, p. 50);
   – Council Regulation No 1030/2002/EC 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 No 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 No 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 No 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 No 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 No 415/2003/EC 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);*
EN                                         48                                         EN
 ---pagebreak---    – Council Decision No 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);
   – Council Regulation No 693/2003/EC 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 No 694/2003/EC 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/EC 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 No 1295/2003/EC 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 No 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 No 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 No 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 No 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 No 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 No 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
EN                                         49                                       EN
 ---pagebreak---      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, 09.01.2004, p. 79);
   – Council Regulation No 377/2004/EC of 19 February 2004 on the creation of an
     immigration liaison officers network (OJ L 64, 2.3.2004, p. 1);
   – Council Decision No 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 No 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 No 871/2004/EC 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)
   – 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)
   – [This list containing the development of the Schengen acquis will be updated
     according to the adoption of instruments developing the Schengen acquis until
     the date of signature]
EN                                          50                                       EN
 ---pagebreak---                                          FINAL ACT
        concluded by 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
   The plenipotentiaries have adopted the joint declarations listed below and annexed to this
   Final Act:
   1.       Common Declaration of the Contracting Parties on parliamentary consultation;
   2.       Common Declaration of the Contracting Parties on external relations;
   3.       Common 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.
   Done at         , on
   For the European Union:
   For the European Community:
   For the Swiss Confederation:
EN                                                51                                          EN
 ---pagebreak---    Common Declaration of the Contracting Parties
   Common 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.
   Common 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.
   Common 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.
EN                                                52                                          EN
 ---pagebreak---    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
   above-mentioned 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.
EN                                                53                                          EN
 ---pagebreak---    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,32 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 visas33 (“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 2001,34 both instruments that refer to the
                   development of the second generation Schengen information system (SIS
                   II) (“SIS II Committee”).
   32
          OJ L 281, 23.11.1995, p. 31.
   33
          OJ L 164, 14.7.1995, p. 1. Regulation as last amended by Council Regulation (EC) No 334/2002
          of 18.2.2002 (OJ L 53, 23.2.2002, p.7).
   34
          OJ L 328, 13.12.2001, p. 1 and 4.
EN                                                      54                                             EN
 ---pagebreak---             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 Community
   Sir,
   The Council refers to the negotiations concerning the Agreement concerning 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 this 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 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.
EN                                                 55                                          EN
 ---pagebreak---    Could you please confirm that your Government agrees to these arrangements?
   Yours faithfully,
EN                                           56                                EN
 ---pagebreak---                              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 such
                 points, in preparing draft measures to be submitted subsequently to the
                 committee established under Article 31 of this 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 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.
           Could you please confirm that your Government agrees to these arrangements?”
EN                                               57                                          EN
 ---pagebreak---    It is my pleasure to inform you that the Federal Council has indicated its agreement to the
   above arrangements.
   Yours faithfully,
EN                                                58                                           EN
 ---pagebreak---                    COMMON DECLARATION ON JOINT MEETINGS
   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 organize 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 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 association with the implementation,
   application and development of the Schengen acquis.
   Done at        on
EN                                               59                                         EN
 ---pagebreak---                                        AGREED MINUTES
   of the negotiations on the agreement concluded 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
   The delegations involved in negotiating the agreement
   –         declare in respect of Article 7(2)(b) that
   regular, direct contacts will be established between the Council’s Secretariat General and
   the Swiss mission to the European Communities with a view to keeping Switzerland
   informed of progress in procedures for adopting the relevant European Union acts and
   measures so that Switzerland can launch its procedure for incorporating the acquis as
   quickly as possible.
   –         note, in respect of Annex B to Council Directive 91/477/EEC of 18 June 1991 on
             control of the acquisition and possession of weapons, that
   the aforementioned Directive does not cover the acquisition and possession by the armed
   forces, in accordance with national law, of weapons and munitions. The current Swiss
   system of lending weapons as part of voluntary classes for young marksmen, lending
   weapons to reservists and allocating service weapons which have been converted into
   semi-automatic firearms to ex-soldiers is covered by this exception and, as such, is not
   affected by the Schengen acquis but is governed by the relevant Swiss regulation.
   –         take note, in respect of Eurojust and the European Judicial Network,
   that it is worthwhile looking into the possibility of Swiss cooperation with the work of
   Eurojust and, if possible, the European Judicial Network.
   Done at... on...
EN                                                  60                                        EN
 ---pagebreak---                                          AGREEMENT
      between the European Community and the Swiss Confederation concerning the
      criteria and mechanisms for establishing the State responsible for examining a
               request for asylum lodged in a Member State or in Switzerland
   THE EUROPEAN COMMUNITY
   and
   THE SWISS CONFEDERATION,
   hereinafter referred to as the “Contracting Parties”,
   WHEREAS the Council of the European Union has adopted Council Regulation (EC)
   No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for
   determining the Member State responsible for examining an asylum application lodged in
   one of the Member States by a third-country national35 (hereinafter referred to as the
   “Dublin Regulation”), which replaced the Convention determining the State responsible
   for examining applications for asylum lodged in one of the Member States of the
   European Communities, signed in Dublin on 15 June 199036 (hereinafter referred to as
   the “Dublin Convention”), and whereas the Commission of the European Communities
   has adopted Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying
   down detailed rules for the application of Council Regulation (EC) No 343/2003
   establishing the criteria and mechanisms for determining the Member State responsible
   for examining an asylum application lodged in one of the Member States by a third-
   country national,37 hereinafter referred to as the “Dublin implementing Regulation”.
   WHEREAS the Council of the European Union has adopted Council Regulation (EC)
   No 2725/2000 of 11 December 2000 concerning the establishment of “Eurodac” for the
   comparison of fingerprints for the effective application of the Dublin Convention with a
   view to helping to determine the Contracting Party responsible for examining an asylum
   application in accordance with the Dublin Convention38 (hereinafter referred to as the
   “Eurodac Regulation”) and Council Regulation (EC) No 407/2002 of 28 February 2002
   laying down certain rules to implement Regulation (EC) No 2725/2000 concerning the
   establishment of "Eurodac" for the comparison of fingerprints for the effective
   application of the Dublin Convention39 (hereinafter referred to as the “Eurodac
   implementing Regulation”).
   WHEREAS 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 data40 (hereinafter referred to as the
   “protection of personal data Directive”) must be applied by the Swiss Confederation as
   35
           OJ L 50, 25.2.2003, p. 1.
   36
           OJ C 254, 19.8.1997, p.1.
   37
           OJ L 222, 5.9.2003, p. 3.
   38
           OJ L 316, 15.12.2000, p. 1.
   39
           OJ L 62, 5.3.2002, p. 1.
   40
           OJ L 281, 23.11.1995, p. 31.
EN                                                  61                                      EN
 ---pagebreak---    applied by the Member States of the European Union when processing data for the
   purposes of this Agreement.
   CONSIDERING the geographical position of the Swiss Confederation.
   WHEREAS the participation of the Swiss Confederation in the Community acquis
   covered by the Dublin and Eurodac regulations (hereinafter referred to as the
   “Dublin/Eurodac acquis”) will help to strengthen cooperation between the European
   Community and the Swiss Confederation.
   WHEREAS the European Community has concluded an agreement with the Republic of
   Iceland and the Kingdom of Norway concerning the criteria and mechanisms for
   establishing the State responsible for examining a request for asylum lodged in a Member
   State or in Iceland or Norway41 based on the Dublin Convention.
   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
   Dublin/Eurodac acquis.
   WHEREAS an agreement should be concluded between the European Community and
   the Swiss Confederation containing rights and obligations similar to those agreed
   between the European Community, of the one part, and Iceland and Norway, of the other
   part.
   CONVINCED of the need to organise cooperation between the European Community
   and the Swiss Confederation as regards the implementation, practical application and
   further development of the Dublin/Eurodac acquis.
   WHEREAS it is necessary, in order to associate the Swiss Confederation with the
   activities of the European Community 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 cooperation in the areas covered by the Dublin and Eurodac regulations 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.
   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, but it should be made possible for the Swiss Confederation and
   Denmark to apply the substantive provisions of this Agreement in their relations with
   each other.
   41
            OJ L 93, 3.4.2001, p. 38.
EN                                                  62                                        EN
 ---pagebreak---    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
   Dublin/Eurodac acquis also apply this acquis in their relations with each other.
   WHEREAS the smooth operation of the Dublin/Eurodac 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
   Dublin/Eurodac acquis governing their mutual relations.
   CONSIDERING the association of the Swiss Confederation with the implementation,
   application and development of the Schengen acquis.
   BEARING IN MIND the link between the Schengen acquis and the Dublin/Eurodac
   acquis.
   WHEREAS this link requires that the Dublin/Eurodac acquis be applied simultaneously
   with the Schengen acquis,
   HAVE AGREED AS FOLLOWS:
EN                                               63                                        EN
 ---pagebreak---                                             Article 1
   1.      The provisions of the
   – Dublin Regulation;
   – Eurodac Regulation;
   – Eurodac implementing Regulation; and
   – the Dublin implementing Regulation
   shall be implemented by the Swiss Confederation, hereinafter referred to as
   “Switzerland”, and applied in its relations with the Member States of the European
   Union, hereinafter referred to as “the Member States”.
   2.      The Member States shall apply the regulations referred to in paragraph 1 to
   Switzerland.
   3.      The acts and measures taken by the European Community amending or building
   upon the provisions referred to in paragraph 1 and the decisions taken in accordance with
   the procedures set out in those provisions shall also, without prejudice to Article 4, be
   accepted, implemented and applied by Switzerland.
   4.      The provisions of the protection of personal data Directive as applicable to the
   Member States with regard to data processed for the purposes of implementing and
   applying the provisions referred to in paragraph 1 shall be implemented and applied,
   mutatis mutandis, by Switzerland.
   5.      For the purposes of paragraphs 1 and 2, references to the “Member States” in the
   provisions referred to in paragraph 1 shall be deemed to include Switzerland.
                                            Article 2
   1.      When new legislation is drafted amending or building upon the provisions of
   Article 1, the Commission of the European Communities, hereinafter referred to as the
   “Commission”, shall informally consult the Swiss experts in the same way as it consults
   the experts of the Member States when drafting its proposals.
   2.      When transmitting its proposals referred to in paragraph 1 to the European
   Parliament and the Council of the European Union, hereinafter referred to as the
   “Council”, the European Commission shall transmit copies thereof to Switzerland.
   At the request of one of the Contracting Parties, a preliminary exchange of views may be
   held in the Mixed Committee set up pursuant to Article 3.
   3.      The Contracting Parties shall consult each other again, at the request of one of
   their number, in the Mixed Committee, at important points in the stage prior to adoption
EN                                                64                                         EN
 ---pagebreak---    of the legislation referred to in paragraph 1, in a continuous process of information
   provision and consultation.
   4.      The Contracting Parties shall work together in good faith during the information
   provision and consultation stage with a view to facilitating the activities of the Mixed
   Committee at the end of the process, in accordance with this Agreement.
   5.      The Swiss Government’s representatives may put forward suggestions in the
   Mixed Committee as regards the matters referred to in paragraph 1.
   6.      The Commission shall ensure that the Swiss experts participate as widely as
   possible, depending on the areas concerned, in preparing draft measures to be submitted
   subsequently to the committees which assist the European Commission in the exercise of
   its executive powers. Accordingly, when drawing up its proposals, the Commission shall
   consult the Swiss experts on the same basis as the experts from the Member States.
   7.      Where the matter is referred to the Council in accordance with the procedure
   applying to the type of committee in question, the Commission must transmit to the
   Council the views of the Swiss experts.
                                            Article 3
   1.      A Mixed Committee shall be established consisting of representatives of the
   Contracting Parties.
   2.      The Mixed Committee shall adopt its own Rules of Procedure by consensus.
   3.      The Mixed Committee shall meet at the initiative of its President or at the request
   of any of its members.
   4.      The Mixed Committee shall meet at the appropriate level, depending on needs,
   with a view to examining the implementation and practical application of the provisions
   referred to in Article 1 and to holding an exchange of views on acts and measures
   amending or building upon the provisions referred to in Article 1. All exchanges of
   information concerning this Agreement shall be deemed to have taken place in
   accordance with the Mixed Committee’s terms of reference.
   5.      The office of President of the Mixed Committee shall be held alternately, for a
   period of six months, by the representative of the European Community and by the
   representative of the Swiss Government.
                                            Article 4
   1.      Subject to paragraph 2, when the Council adopts acts or measures amending or
   building upon the provisions of Article 1 and when acts or measures are adopted in
   accordance with the procedures set out in those provisions, those acts or measures shall
   be applied simultaneously by the Member States and Switzerland, except where express
   provisions exist to the contrary.
EN                                                65                                           EN
 ---pagebreak---    2.      The Commission shall notify Switzerland without delay of the adoption of the
   acts or measures referred to in paragraph 1. Switzerland shall decide whether to accept
   their contents and to implement them in its internal legal order. This decision shall be
   notified to the Commission within thirty days of the adoption of the acts or measures
   concerned.
   3.      If the contents of such acts or measures can become binding on Switzerland only
   after the fulfilment of constitutional requirements, Switzerland shall inform the
   Commission of this at the time of its notification. Switzerland shall promptly inform the
   Commission in writing upon fulfilment 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, Switzerland shall have a maximum of two
   years from the date of the Commission’s notification in which to effect 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 have been met,
   Switzerland shall, where possible, implement the act or measure in question on a
   provisional basis.
   4.      If Switzerland cannot implement the act or measure at issue on a provisional
   basis, and if this causes difficulties that disrupt the operation of Dublin/Eurodac
   cooperation, the situation shall be examined by the Mixed Committee. The European
   Community may take proportionate, appropriate measures against Switzerland to ensure
   that Dublin/Eurodac cooperation operates smoothly.
   5.      Acceptance by Switzerland of the acts and measures referred to in paragraph 1
   shall create rights and obligations between Switzerland and the Member States of the
   European Union.
   6.      If:
   (a) Switzerland notifies its decision not to accept the contents of an act or measure
   referred to in paragraph 1 and to which the procedures set out in this Agreement have
   been applied; or
   (b) Switzerland does not carry out notification within the thirty-day time limit referred to
   in paragraph 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 paragraph 3, 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 or measure concerned;
   this Agreement shall be suspended.
   7.      The Mixed Committee shall examine the matter which gave rise to suspension
   and shall endeavour to deal with the underlying causes of non-acceptance or
   non-ratification within ninety days. After examining all other options with a view to
   ensuring that the Agreement continues to operate smoothly, including the possibility of
   noting that the Contracting Parties’ laws and regulations are equivalent, it may decide, on
EN                                                66                                            EN
 ---pagebreak---    a unanimous basis, to reinstate this Agreement. If this Agreement is still suspended after
   ninety days, it shall be considered terminated.
                                              Article 5
   1.      In order to achieve the Contracting Parties’ objective of ensuring the most
   uniform possible application and interpretation of the provisions referred to in Article 1,
   the Mixed Committee shall keep under constant review developments in the case-law of
   the Court of Justice of the European Communities, hereinafter referred to as the “Court
   of Justice”, and in the case-law relating to such provisions of the competent Swiss courts.
   To that end the Contracting Parties shall ensure the prompt mutual transmission of such
   case-law.
   2.      Switzerland shall have the right to submit statements of case or written
   observations to the Court of Justice in cases where 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 1.
                                              Article 6
   1.      Each year Switzerland shall report to the Mixed Committee on the way in which
   its administrative authorities and courts have applied and interpreted the provisions
   referred to in Article 1, as interpreted, where relevant, by the Court of Justice.
   2.      If, within two months of being notified of a substantial divergence between Court
   of Justice case-law and that of 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 Article 1, the Mixed Committee is unable to
   ensure a uniform application and interpretation, the procedure provided for in Article 7
   shall be initiated.
                                              Article 7
   1.      In the event of a dispute about the application or interpretation of this Agreement
   or where the situation provided for in Article 6(2) occurs, the matter shall be officially
   entered as a matter of dispute on the agenda of the Mixed Committee.
   2.      The Mixed Committee shall have ninety days to settle the dispute, counting from
   the date of adoption of the agenda on which the dispute has been placed.
   3.      Where the dispute cannot be settled by the Mixed Committee within the
   ninety-day deadline provided for in paragraph 2, this deadline shall be extended by a
   further ninety days with a view to reaching a final settlement. If, at the end of that period,
   the Mixed Committee has not taken a decision, this Agreement shall be considered
   terminated at the end of the last day of the period in question.
EN                                                  67                                            EN
 ---pagebreak---                                               Article 8
   1.      With regard to the administrative and operating costs associated with the
   setting-up and operation of the Eurodac central unit, Switzerland shall make a
   contribution to the general budget of the European Communities amounting to 7.286% of
   an initial reference amount of €11 675 000 and, from the 2004 financial year, an annual
   contribution amounting to 7.286% of the corresponding budgetary appropriations for the
   financial year in question.
   As for the other administrative and operating costs associated with implementing this
   Agreement, Switzerland shall contribute to the general budget of the European
   Communities an annual sum calculated in accordance with its gross domestic product as
   a percentage of the gross domestic product of all the participating States.
   2.      Switzerland shall have the right to receive documents pertaining to this
   Agreement and, at meetings of the Mixed Committee, to request interpreting into an
   official language of the institutions of the European Communities of its choosing.
                                              Article 9
   The Swiss national supervisory body entrusted with data protection and the independent
   supervisory body established pursuant to Article 286(2) of the Treaty establishing the
   European Community shall cooperate to the extent necessary to carry out their duties
   and, in particular, shall exchange any relevant information. The two bodies shall
   determine arrangements governing their mutual cooperation by joint agreement.
                                              Article 10
   1.      This Agreement shall not affect in any respect the other agreements concluded
   between the European Community and Switzerland.
   2.      This Agreement shall not affect in any respect any future agreements concluded
   with Switzerland by the European Community.
                                              Article 11
   1.      The Kingdom of Denmark may request to participate in this Agreement. The
   Contracting Parties, acting with the consent of the Kingdom of Denmark, shall lay down
   the conditions governing such participation in a protocol to this Agreement.
   2.      Switzerland shall conclude an agreement with the Republic of Iceland and the
   Kingdom of Norway on the creation of reciprocal rights and obligations pursuant to their
   respective associations with the implementation, application and development of the
   Dublin/Eurodac acquis.
EN                                                  68                                      EN
 ---pagebreak---                                              Article 12
   1.       This Agreement shall be ratified or approved by the Contracting Parties.
   Instruments of ratification or approval shall be deposited with the Secretary General of
   the Council, who shall be the depositary.
   2.       This Agreement shall enter into force on the first day of the month following
   notification by the depositary to the Contracting Parties that the final instrument of
   ratification or approval has been deposited.
   3.       Articles 2, 3 and 4 of paragraph 2, first sentence, shall apply provisionally as of
   the date on which this Agreement is signed.
                                             Article 13
   With respect to acts or measures adopted after this Agreement has been signed but before
   it enters into force, the thirty-day period referred to in Article 4(2), last sentence shall
   start to run from the day of entry into force of this Agreement.
                                             Article 14
   1.       This Agreement shall be applied only if the agreements referred to in Article 11
   are also implemented.
   2.       In addition, this Agreement shall be implemented only if the agreement
   concluded 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 is also implemented.
                                             Article 15
   1.       Liechtenstein may accede to this Agreement.
   2.       The accession of Liechtenstein shall be the subject of a protocol to this
   Agreement setting out all the consequences of accession, including the creation of rights
   and obligations between Liechtenstein and Switzerland, and between Liechtenstein, of
   the one part, and the European Community and its Member States, in so far as they are
   bound by this Agreement, of the other part.
                                             Article 16
   1.       Each Contracting Party may terminate this Agreement by sending a declaration in
   writing to the depositary. This declaration shall take effect six months after being
   deposited.
EN                                                 69                                           EN
 ---pagebreak---    2.      This Agreement shall be considered to have been terminated if Switzerland
   terminates one of the agreements referred to in Article 11 or the agreement referred to in
   Article 14(2).
   Done at… on… in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish,
   French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese,
   Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
EN                                               70                                           EN
 ---pagebreak---                                          FINAL ACT
    of the Agreement between the European Community and the Swiss Confederation
     concerning the criteria and mechanisms for establishing the State responsible for
        examining a request for asylum lodged in a Member State or in Switzerland
   The plenipotentiaries have adopted the joint declarations listed below and annexed to this
   Final Act:
   1.      Common Declaration of the Contracting Parties on a close dialogue;
   2.      Common Declaration of the Contracting Parties on Directive 95/46/EC of the
   European Parliament and the Council on data protection.
   The plenipotentiaries have also taken note of the declarations listed below and annexed to
   this Final Act:
   1.      Declaration by Switzerland on Article 4(3) (time limit for accepting new
   developments in the Dublin/Eurodac acquis);
   2.      Declaration of the European Commission on the committees that assist the
   European Commission in the exercise of its executive powers.
   Done at... on...
   For the European Community:
   For the Swiss Confederation:
EN                                                71                                          EN
 ---pagebreak---    Common Declaration of the Contracting Parties
   Common Declaration of the Contracting Parties on a close dialogue
   The Contracting Parties stress the importance of a close, productive dialogue between all
   parties participating in the implementation of the provisions listed in Article 1(1) of the
   Agreement.
   In accordance with Article 3(1) of the Agreement, the Commission invites experts from
   the Member States to attend Mixed Committee meetings with a view to holding
   exchanges of views with Switzerland on all the matters dealt with in the Agreement.
   The Contracting Parties note that the Member States are prepared to accept this invitation
   and to take part in these exchanges of views with Switzerland on all the matters dealt
   with in the Agreement.
   Common Declaration of the Contracting Parties on Directive 95/46/EC of the
   European Parliament and the Council on data protection
   As part of the Agreement, the Contracting Parties agree that, as regards Directive
   95/46/EC of the European Parliament and the Council of 24 October 1995 on the
   protection of individuals with regard to the processing of personal data42 and on the free
   movement of such data, participation by the Swiss Confederation’s representatives shall
   reflect the concept established by the exchange of letters on the committees that assist the
   European Commission in the exercise of its executive powers and annexed to the
   agreement concluded 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.
   42
            OJ L 281, 23.11.1995, p. 31.
EN                                               72                                             EN
 ---pagebreak---    Other declarations
   Declaration by Switzerland on Article 4(3) (time limit for accepting new
   developments in the Dublin/Eurodac acquis);
   The maximum time limit of two years laid down in Article 4(3) 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
   above-mentioned stages are completed as swiftly as possible.
   Declaration of the European Commission on the committees that assist the
   European Commission in the exercise of its executive powers.
   At present, the committees that assist the European Commission in the exercise of its
   executive powers regarding the implementation, application and development of the
   Dublin/Eurodac acquis are:
   –        the committee set up by Article 27 of Council Regulation (EC) No 343/2003 of
            18 February 2003 establishing the criteria and mechanisms for determining the
            Member State responsible for examining an asylum application lodged in one of
            the Member States by a third-country national43 (Dublin Committee) and
   –        the committee set up by Council Regulation (EC) No 2725/2000 of
            11 December 2000 concerning the establishment of “Eurodac” for the
            comparison of fingerprints for the effective application of the Dublin
            Convention44 (Eurodac Committee).
   43
          OJ L 50, 25.2.2003, p. 1.
   44
          OJ L 316, 15.12.2000, p. 1.
EN                                              73                                           EN
 ---pagebreak---                     COMMON DECLARATION ON JOINT-MEETINGS
   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 organize the meetings of the Joint Committees, established by the
   agreement between the European Community and Iceland and Norway concerning the
   criteria and mechanisms for establishing the State responsible for examining a request for
   asylum lodged in a Member State or in Iceland or Norway, on the one hand, and the
   agreement between the European Community and the Swiss Confederation concerning
   the criteria and mechanisms for establishing the State responsible for examining a request
   for asylum lodged in a Member State or in Switzerland, on the other hand, jointly.
   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 Community and the
   Swiss Confederation concerning the criteria and mechanisms for establishing the State
   responsible for examining a request for asylum lodged in a Member State or Switzerland
   or the Agreement between the European Community and the Republic of Iceland and the
   Kingdom of Norway concerning the criteria and mechanisms for establishing the State
   responsible for examining a request for asylum lodged in a Member State or in Iceland or
   Norway.
   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 from the entry
   into force of the Agreement between the European Community and the Swiss
   Confederation concerning the criteria and mechanisms for establishing the State
   responsible for examining a request for asylum lodged in a Member State or Switzerland.
   Done at         on
EN                                               74                                           EN
 ---pagebreak---                          LEGISLATIVE FINANCIAL STATEMENT
   Policy area(s):         Area of freedom, security and justice
   Activities :    External borders, visa policy and free movement of people
                   Policy Strategy and Coordination
   TITLE   OF ACTION: 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
   1.       BUDGET LINE(S) + HEADING(S)
            18.08.02 Système d'information Schengen (SIS II)
            18.08.03 Système d'information sur les visas (VIS)
            18.02.03 European Agency for the Management of operational cooperation at
            the external borders
   2.       OVERALL FIGURES
   2.1.     Total allocation for action (Part B): 0 € million for commitment
   2.2.     Period of application:
            Start: The Agreement will (probably) enter into force in 2005 (depending on
            ratifications)
            Expiry: The Agreement has no expiry date, but can be cancelled
   2.3.     Overall multiannual estimate of expenditure:
            NOT APPLICABLE
   (a)      Schedule of commitment appropriations/payment appropriations (financial
            intervention) (see point 6.1.1)
EN                                               75                                     EN
 ---pagebreak---                                                         € million (to three decimal places)
                                                                              [n+5
                                                                               and
                                Year     [n+1]  [n+2]     [n+3]    [n+4]     subs.     Tot
                                 [n]                                         Years]     al
          Commitments
            Payments
   (b)      Technical and administrative assistance and support expenditure(see point 6.1.2)
          Commitments
            Payments
           Subtotal a+b
       Commitments
       Payments
   (c)      Overall financial impact of human resources and other administrative
            expenditure
            (see points 7.2 and 7.3)
          Commitments/
            payments
         TOTAL a+b+c
       Commitments
       Payments
   2.4.     Compatibility with financial programming and financial perspective
                  Proposal is compatible with existing financial programming.
                  Proposal will entail reprogramming of the relevant heading in the financial
                  perspective.
                  Proposal may require application of the provisions of the Interinstitutional
                  Agreement.
EN                                               76                                            EN
 ---pagebreak---    2.5.     Financial impact on revenue:45
                     Proposal has no financial implications (involves technical aspects
                     regarding implementation of a measure)
            OR
            [x]      Proposal has financial impact – the effect on revenue is as follows:
                                                                     (€ million to two decimal place)
                                                   Prior to          Situation following action
                                                    action
         Budget line           Revenue             2003       2005 2006    2007       2008    2009    2010
          18 08 02    a) Revenue in absolute terms           0.73 0.03 0.03 0.03 0.03 0.03
                      b) Change in revenue         ∆         0.73 -0.70 -           -       -       -
          18 08 03    a) Revenue in absolute terms           0.45 0.55 0.55 0.55 0.55 0.55
                      b) Change in revenue         ∆         0.45 0.10 -            -       -       -
          18 02 03    a) Revenue in absolute terms           0.11 0.27 0.27 0.27 0.27 0.27
                      b) Change in revenue         ∆         0.11 0.16 -            -       -       -
   3.       BUDGET CHARACTERISTICS
      Type of expenditure                New             EFTA        Contributions              Heading in
                                                   contribution     form applicant               financial
                                                                        countries              perspective
    Non-comp              Diff            NO               NO               NO                     No 3
   4.       LEGAL BASIS
   Articles 62 and 63 TCE
   Articles 24 and 38 TUE
   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 (article 11(2) and (3)).
   45
           For further information, see separate explanatory note.
EN                                                          77                                             EN
 ---pagebreak---    5.         DESCRIPTION AND GROUNDS
              NOT APPLICABLE
   5.1.       Need for Community intervention 46
   5.1.1.     Objectives pursued
   N/A
   5.1.2.     Measures taken in connection with ex ante evaluation
   N/A
   5.1.3.     Measures taken following ex post evaluation
   N/A
   5.2.       Action envisaged and budget intervention arrangements
   N/A
   5.3.       Methods of implementation
   N/A
   6.         FINANCIAL IMPACT
              NOT APPLICABLE
   6.1.       Total financial impact on Part B - (over the entire programming period)
   6.1.1.     Financial intervention
                                                 Commitments (in € million to three decimal places)
            Breakdown               [Year         [n+1]       [n+2] [n+3]       [n+4]    [n+5 and   Total
                                       n]                                                  subs.
                                                                                          Years]
   Action 1
   Action 2
   etc.
                       TOTAL
   46
            For further information, see separate explanatory note.
EN                                                        78                                             EN
 ---pagebreak---    6.1.2.      Technical and administrative assistance, support expenditure and IT expenditure
               (commitment appropriations)
                                  [Year    [n+1]    [n+2]    [n+3]    [n+4]     [n+5    Total
                                    n]                                           and
                                                                               subs.
                                                                               years]
   1)        Technical        and
   administrative assistance
   a) Technical        assistance
   offices
   b) Other technical and
   administrative assistance:
   - intra muros:
   - extra muros:
   of which for construction
   and       maintenance       of
   computerised management
   systems
                       Subtotal 1
   2) Support expenditure
   a) Studies
   b) Meetings of experts
   c)       Information       and
   publications
                       Subtotal 2
                        TOTAL
EN                                               79                                          EN
 ---pagebreak---    6.2.      Calculation of costs by measure envisaged in Part B (over the entire
             programming period)47
                                                  Commitments (in € million to three decimal places)
               Breakdown                         Type              Number of      Average unit    Total cost
                                              of outputs             outputs         cost
                                           (projects, files )                                  (total for years
                                                                 (total for years                   1…n)
                                                                      1…n)
                                                  1                      2             3          4=(2X3)
   Action 1
   - Measure 1
   - Measure 2
   Action 2
   - Measure 1
   - Measure 2
   - Measure 3
   etc.
             TOTAL COST
   If necessary explain the method of calculation
   47
            For further information, see separate explanatory note.
EN                                                            80                                                EN
 ---pagebreak---    7.        IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE
             NOT APPLICABLE
   7.1.      Impact on human resources
                             Staff to be assigned to management of the
                                                                                 Description of tasks deriving from the
                               action using existing and/or additional
                                                                                                  action
                                              resources
        Types of post                                                      Total
                                 Number of               Number of
                              permanent posts         temporary posts
                       A
   Officials       or
                       B                                                         If necessary, a fuller description of the
   temporary staff
                                                                                         tasks may be annexed.
                       C
   Other human resources
   Total
   7.2.      Overall financial impact of human resources
                   Type of human resources                         Amount (€)            Method of calculation *
   Officials
   Temporary staff
   Other human resources
                                       (specify budget line)
                                                       Total
   The amounts are total expenditure for twelve months.
EN                                                        81                                                       EN
 ---pagebreak---    7.3.      Other administrative expenditure deriving from the action
   Budget line
                                                          Amount €     Method of calculation
   (number and heading)
   Overall allocation (Title A7)
   A0701 – Missions
   A07030 – Meetings
   A07031 – Compulsory committees 1
   A07032 – Non-compulsory committees 1
   A07040 – Conferences
   A0705 – Studies and consultations
   Other expenditure (specify)
   Information systems (A-5001/A-4300)
   Other expenditure - Part A (specify)
                                               Total
   The amounts are total expenditure for twelve months.
   1
      Specify the type of committee and the group to which it belongs.
   I.      Annual total (7.2 + 7.3)                          €
   II.     Duration of action                                years
   III.    Total cost of action (I x II)                     €
   8.        FOLLOW-UP AND EVALUATION
             NOT APPLICABLE
   8.1.      Follow-up arrangements
             N/A
   8.2.      Arrangements and schedule for the planned evaluation
             N/A
EN                                                82                                         EN
 ---pagebreak---    9.        ANTI-FRAUD MEASURES
             N/A
   Annex
   Explanation of the calculation of Switzerland’s contribution:
   The calculation of Switzerland’s contribution is based on the Agreement with Norway
   and Iceland (OJ L 176 of 10.7.1999, p. 36)
   1. Administrative costs:
   1.1. Mixed Committee:
   The Agreement creates a Mixed Committee (Article 3). This Mixed Committee meets in
   form of Council working groups, where Switzerland will participate. Thus Switzerland
   has to contribute to administrative costs of Council Working groups. At the time of the
   integration of the Schengen acquis, these costs were estimated to be 300 000 000 BEF.
   Therefore, this amount has been included in the Agreement with Norway and Iceland.
   For Switzerland, in Article 11 (1) of the Agreement, an amount of 8 100 000 € has been
   included. This corresponds to the amount of 300 000 000 BEF in the Norway/Iceland
   Agreement, converted into €, adapted to the inflation between 1999 and 2003 and finally
   rounded.
   The calculation of the percentage of 7,286 for Switzerland has been negotiated and is
   based on the GDP of Switzerland, Norway and Iceland in 2001 and the percentages of
   Norway and Iceland in their Agreement.
   As this financial contribution of Switzerland concern costs related to the functioning of
   Council Working groups, the General Secretariat of the Council will be responsible for
   the recovery of this financial contribution.
   1.2. Other administrative costs:
   Although Switzerland will participate in Committees assisting the Commission in the
   exercise of its executive powers, representatives of Switzerland will not be reimbursed
   for their travel costs and will not receive a daily subsistence allowance.
   There are currently no other administrative costs linked to the implementation of the
   Agreement.
   2. Costs related to the functioning of Schengen:
   According to Article 11 (2), Switzerland has to contribute to the costs of the Schengen
   Information System II (SIS II) from the budgetary year 2002 onwards according to its
   GDP. Therefore, as the Agreement will probably enter into force in 2005, the amount
   indicated in the financial statement for 2005 concerns Switzerland’s contribution for the
   budgetary years 2002-2005.
EN                                                  83                                       EN
 ---pagebreak---    According to Article 11 (3), Switzerland has to contribute to other costs related to
   Schengen also according to its GDP. Currently, other costs related to Schengen concern
   the Visa Information System (VIS) and the External Border Agency. For the VIS, the
   amount of 2005 includes the necessary contribution for 2004. For the External Border
   Agency, the first budgetary year will be 2005.
   The calculation of Switzerland’s contribution for the budgetary years 2002 and 2003 are
   based on the consumption of payment appropriations for the corresponding budget lines.
   For the year 2004, the calculation is based on commitment appropriations as set out in
   the budget.
   For 2005, the calculation is based on PDB figures (commitment appropriations). The
   figures for 2006 are based on existing financial programming (commitment
   appropriations).
   Switzerland’s prorata of GDP is calculated on the basis of Eurostat GDP figures.
EN                                               84                                        EN
 ---pagebreak---                         LEGISLATIVE FINANCIAL STATEMENT
   Policy area(s): Area of freedom, security and justice
   Activity: Policy Strategy and Coordination
   TITLE  OF ACTION: AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND SWITZERLAND
           CONCERNING THE CRITERIA AND MECHANISMS FOR ESTABLISHING THE STATE
           RESPONSIBLE FOR EXAMINING A REQUEST FOR ASYLUM LOGED IN A MEMBER STATE
           OR IN SWITZERLAND
   1.      BUDGET LINE(S) + HEADING(S)
           18.08.04 Eurodac
   2.      OVERALL FIGURES
   2.1.    Total allocation for action (Part B): € million for commitment
   2.2.    Period of application:
           Start: The Agreement will (probably) enter into force in 2005 (depending on
           ratifications)
           Expiry: The Agreement has no expiry date, but can be cancelled
   2.3.    Overall multiannual estimate of expenditure:
           NOT APPLICABLE
   (a)     Schedule of commitment appropriations/payment appropriations (financial
           intervention) (see point 6.1.1)
                                                      € million (to three decimal places)
                                                                           [n+5
                                                                            and
                               Year     [n+1]  [n+2]    [n+3]    [n+4]    subs.    Total
                                [n]                                       Years
                                                                             ]
          Commitments
            Payments
   (b)     Technical and administrative assistance and support expenditure(see point 6.1.2)
          Commitments
            Payments
EN                                              85                                          EN
 ---pagebreak---            Subtotal a+b
       Commitments
       Payments
   (c)      Overall financial impact of human resources and other administrative
            expenditure
            (see points 7.2 and 7.3)
          Commitments/
            payments
         TOTAL a+b+c
       Commitments
       Payments
   2.4.     Compatibility with financial programming and financial perspective
                    Proposal is compatible with existing financial programming.
                    Proposal will entail reprogramming of the relevant heading in the financial
                    perspective.
                    Proposal may require application of the provisions of the Interinstitutional
                    Agreement.
   2.5.     Financial impact on revenue:48
                    Proposal has no financial implications (involves technical aspects
                    regarding implementation of a measure)
            OR
            [x]     Proposal has financial impact – the effect on revenue is as follows
                    (indicative):
   48
           For further information, see separate explanatory note.
EN                                                       86                                      EN
 ---pagebreak---                                                                      (€ million to one decimal place)
                                                  Prior to           Situation following action
                                                   action
         Budget line          Revenue             [Year      [200 [200 [200 [200 [200 [201
                                                   n-1]       5]   6]       7]        8]      9]     0]
          18 08 04   a) Revenue in absolute terms           1.11 0.11 0.11 0.11 0.11 0.11
                     b) Change in revenue         ∆         1.11 -1.00 -            -       -      -
   3.       BUDGET CHARACTERISTICS
      Type of expenditure               New             EFTA         Contributions             Heading in
                                                   contribution     form applicant              financial
                                                                        countries              perspective
    Non-comp             Diff            NO               NO                NO                    No 3
   4.       LEGAL BASIS
   Article 63 TCE
   Agreement between the European Community and Switzerland concerning the criteria
   and mechanisms for establishing the State responsible for examining a request for
   Asylum lodged in a Member State or in Switzerland (article 8 (1) of the Agreement).
   5.       DESCRIPTION AND GROUNDS
            not applicable
   5.1.     Need for Community intervention49
   5.1.1.   Objectives pursued
   N/A
   5.1.2.   Measures taken in connection with ex ante evaluation
   N/A
   5.1.3.   Measures taken following ex post evaluation
   N/A
   49
           For further information, see separate explanatory note.
EN                                                         87                                              EN
 ---pagebreak---    5.2.       Action envisaged and budget intervention arrangements
   N/A
   5.3.       Methods of implementation
   N/A
   6.         FINANCIAL IMPACT
              N/A
   6.1.       Total financial impact on Part B - (over the entire programming period)
   (The method of calculating the total amounts set out in the table below must be explained
   by the breakdown in Table 6.2. )
   6.1.1.     Financial intervention
                                         Commitments (in € million to three decimal places)
            Breakdown             [Year  [n+1]       [n+2]     [n+3]     [n+4]      [n+5     Total
                                    n]                                               and
                                                                                    subs.
                                                                                   Years]
   Action 1
   Action 2
   etc.
                        TOTAL
   6.1.2.    Technical and administrative assistance, support expenditure and IT expenditure
             (commitment appropriations)
                                  [Year  [n+1]       [n+2]     [n+3]     [n+4]      [n+5     Total
                                    n]                                               and
                                                                                    subs.
                                                                                   years]
   1)       Technical         and
   administrative assistance
   a) Technical        assistance
   offices
EN                                                88                                              EN
 ---pagebreak---    b) Other technical and
   administrative assistance:
   - intra muros:
   - extra muros:
   of which for construction
   and       maintenance        of
   computerised management
   systems
                        Subtotal 1
   2) Support expenditure
   a) Studies
   b) Meetings of experts
   c)       Information        and
   publications
                        Subtotal 2
                         TOTAL
    6.2.       Calculation of costs by measure envisaged in Part B (over the entire
               programming period)50
    (Where there is more than one action, give sufficient detail of the specific measures to be
    taken for each one to allow the volume and costs of the outputs to be estimated.)
    50
              For further information, see separate explanatory note.
EN                                                          89                                  EN
 ---pagebreak---                                               Commitments (in € million to three decimal places)
               Breakdown                     Type              Number of           Average unit           Total cost
                                          of outputs             outputs               cost
                                       (projects, files )                                              (total for years
                                                             (total for years                               1…n)
                                                                  1…n)
                                              1                      2                   3                 4=(2X3)
   Action 1
   - Measure 1
   - Measure 2
   Action 2
   - Measure 1
   - Measure 2
   - Measure 3
   etc.
             TOTAL COST
   If necessary explain the method of calculation
   7.        IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE
             N/A
   7.1.      Impact on human resources
                          Staff to be assigned to management of the
                                                                                      Description of tasks deriving from the
                            action using existing and/or additional
                                                                                                       action
                                           resources
        Types of post                                                        Total
                              Number of                 Number of
                           permanent posts           temporary posts
                      A
   Officials       or
                      B                                                               If necessary, a fuller description of the
   temporary staff
                                                                                              tasks may be annexed.
                      C
   Other human resources
   Total
EN                                                        90                                                            EN
 ---pagebreak---    7.2.      Overall financial impact of human resources
                  Type of human resources                 Amount (€) Method of calculation *
   Officials
   Temporary staff
   Other human resources
                                    (specify budget line)
                                                   Total
   The amounts are total expenditure for twelve months.
EN                                                     91                                    EN
 ---pagebreak---    7.3.      Other administrative expenditure deriving from the action
   Budget line
   (number and heading)                                   Amount €     Method of calculation
   Overall allocation (Title A7)
   A0701 – Missions
   A07030 – Meetings
   A07031 – Compulsory committees 1
   A07032 – Non-compulsory committees 1
   A07040 – Conferences
   A0705 – Studies and consultations
   Other expenditure (specify)
   Information systems (A-5001/A-4300)
   Other expenditure - Part A (specify)
                                               Total
   The amounts are total expenditure for twelve months.
   1
      Specify the type of committee and the group to which it belongs.
   I.      Annual total (7.2 + 7.3)                          €
   II.     Duration of action                                years
   III.    Total cost of action (I x II)                     €
   8.        FOLLOW-UP AND EVALUATION
             N/A
   8.1.      Follow-up arrangements
   N/A
   8.2.      Arrangements and schedule for the planned evaluation
   N/A
   9.        ANTI-FRAUD MEASURES
   N/A
EN                                                92                                         EN
 ---pagebreak---    Annex
   1.) Explanation of calculation of revenue (section 2.5).
   The calculation of Switzerland’s contribution is based on the contribution of Iceland and
   Norway laid down in the Agreement with Iceland and Norway concerning their
   association with the Dublin and Eurodac acquis (OJ L 93 of 3.4.2001, p. 38).
   The percentage of 7,286 to be paid by Switzerland has been negotiated with Switzerland
   and is calculated on the basis of the GDP of Switzerland, Norway and Iceland in 2001
   and the percentages provided for Norway and Iceland in their Agreement.
   It has been negotiated, that Switzerland (like Norway and Iceland) has to contribute to
   the development of the Central Unit of Eurodac from the budgetary year 2000 onwards.
   Although the Agreement has been initialled in 2004, for reasons due to the history of the
   negotiations, the amount indicated in Article 8 of the Agreement is only the sum of the
   amounts of the budgetary years 2000-2003. But the amount of the budgetary year 2004 is
   included in the calculation indicated in the financial statement of the budgetary year
   2005, which consequently covers Switzerland’s contribution for the budgetary years
   2000-2005.
   The calculation of Switzerland’s contribution for the budgetary years 2000-2004 are
   based on the amounts published in the corresponding budgets.
   The calculation for Switzerland’s contribution for the budgetary year 2005 is based on
   PDB figures. The figures for 2006 and subsequent years are based on the existing
   financial programming for the year 2006.
   2.) Costs related to meetings of the Joint Committee:
   For the Community, there are no additional human resources or administrative costs
   involved for the meetings of the Joint Committee created by the Agreement (Article 3).
   This Joint Committee will meet at the same time as the Joint Committee, which has
   already been created by the Agreement with Norway and Iceland (OJ L 93 of 2.4.2001, p.
   40). See also the Common Declaration on joint meetings of the Joint Committees
   attached to the Agreement.
   Thus in practice, although legally there are two Joint Committees, there will be only one
   meeting where Norway, Iceland and Switzerland are present at the same time.
   Travel costs and daily allowances are not reimbursed for the representatives of
   Switzerland in this Joint Committee.
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