19 DECEMBER 2007. - An Act to approve the Agreement between the European Union, the European Community and the Swiss Confederation on the Association of the Swiss Confederation to the Implementation, Application and Development of the Schengen acquis and the Final Act, made in Luxembourg on 26 October 2004 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the European Union, the European Community and the Swiss Confederation on the Association of the Swiss Confederation to the implementation, application and development of the Schengen acquis, and the Final Act, made in Luxembourg on 26 October 2004, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 19 December 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Regular session 2006-2007.
Senate.
Documents. - Bill tabled on 6 November 2007, No. 4-345/1. - Report, No. 4-345/2.
Annales parliamentarians. - Discussion and voting. Session of November 20, 2007.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-489/1. - Report, No. 52-489/2. - Text adopted in plenary and subject to Royal Assent, No. 52-489/3.
Annales parliamentarians. - Discussion and voting. Session of December 13, 2007.

Agreement between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis
The European Union,
The European Community,
and
The Swiss Confederation,
hereafter referred to as "the contracting parties",
Considering that, with the entry into force of the Treaty of Amsterdam, the European Union has given itself the objective of maintaining and developing the Union as a space of freedom, security and justice within which the free movement of persons is ensured, in conjunction with appropriate measures in the field of control of external borders, asylum, immigration and the prevention of crime and the fight against this phenomenon;
Considering that the acquis of Schengen integrated within the framework of the European Union constitutes part of the provisions for the realization of this space of freedom, security and justice, as they create a space without controls at the internal borders and provide compensatory measures to guarantee a high level of security;
Considering the geographical position of the Swiss Confederation;
Considering that the participation of the Swiss Confederation in the Schengen acquis and further development will, on the one hand, eliminate certain obstacles to the free movement of persons resulting from the geographical position of the Swiss Confederation and, on the other, strengthen cooperation between the European Union and the Swiss Confederation in the areas covered by the Schengen acquis;
Considering that, by the agreement reached on 18 May 1999 by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway (1), these two States were associated with the implementation, application and development of the Schengen acquis;
Considering that it is desirable that the Swiss Confederation be associated on an equal footing with Iceland and Norway to the implementation, application and development of the Schengen acquis;
Considering that it is appropriate to conclude between the European Union, the European Community and the Swiss Confederation an agreement that includes rights and obligations similar to those agreed between the Council of the European Union, on the one hand, and Iceland and Norway, on the other;
Convinced that it is necessary to organize cooperation between the European Union and the Swiss Confederation with regard to the implementation, practical application and further development of the Schengen acquis;
Considering that it is necessary, in order to associate the Swiss Confederation with the activities of the European Union in the areas covered by this Agreement and to allow its participation in such activities, to establish a committee according to the institutional model established for the association of Iceland and Norway;
Considering that 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;
Considering that the provisions of Title IV of the Treaty establishing the European Community and the acts adopted on the basis of the said title do not apply to the Kingdom of Denmark under the protocol on the position of Denmark annexed by the Treaty of Amsterdam to the Treaty on the European Union and to the Treaty establishing the European Community, and that decisions aimed at developing the acquis of Schengen pursuant to the said title that Denmark has transposed into its national law are not
Considering that the United Kingdom of Great Britain and Northern Ireland and Ireland are participating, in accordance with the decisions taken under the protocol incorporating the Schengen acquis within the framework of the European Union annexed by the Treaty of Amsterdam to the Treaty on the European Union and the Treaty establishing the European Community (2) to certain provisions of the Schengen acquis;
Considering that it is necessary to ensure that the States with which the European Union has established an association aimed at the implementation, application and development of the Schengen acquis also apply this acquis in their mutual relations;
Considering that the proper operation of the Schengen acquis requires simultaneous application of this agreement with the agreements between the various parties associated with or participating in the implementation and development of the Schengen acquis regulating their mutual relations;
With regard to the agreement concerning the association of the Swiss Confederation to the implementation, application and development of the community acquis concerning the establishment of criteria and mechanisms for the determination of the State responsible for the examination of an asylum application submitted in one of the Member States and concerning the establishment of the Eurodac system;
Considering the link between Schengen's acquis and this acquis communautaire;
Considering that this link requires the simultaneous application of the Schengen acquis with the community acquis on the establishment of criteria and mechanisms for determining the State responsible for the examination of an asylum application submitted in one of the Member States and concerning the establishment of the Eurodac system;
The following provisions have been agreed:
Article 1^er
1. The Swiss Confederation, referred to as "Switzerland", is associated with the activities of the European Community and the European Union in the areas covered by the provisions set out in Annexes A and B to this Agreement as well as those that will follow them.
2. This Agreement creates mutual rights and obligations in accordance with the procedures provided for therein.
Article 2
1. To the extent that they apply to the Member States of the European Union, below referred to as "Member States", the provisions of the Schengen acquis listed in Annex A to this Agreement are implemented and applied by Switzerland.
2. To the extent that they have replaced and/or developed the corresponding provisions of the Agreement for the Implementation of the Agreement on the Phase-out of the Common Border Controls signed at Schengen on 19 June 1990, below referred to as the "Schengen Implementation Convention", or were arrested under the Agreement, the provisions of the acts of the European Union and the European Community listed in Annex B to this Agreement are implemented.
3. Without prejudice to Article 7, the acts and measures taken by the European Union and the European Community amending or supplementing the provisions referred to in Annexes A and B, to which the procedures provided for in this Agreement have been applied, are also accepted, implemented and applied by Switzerland.
Article 3
1. It is established a joint committee, composed of representatives of the Swiss government, members of the Council of the European Union, hereafter referred to as the Council, and the Commission of the European Communities, hereafter referred to as the "Commission".
2. The joint committee decides its rules of procedure by consensus.
3. The Joint Committee meets on the initiative of its Chair/Chair or at the request of one of its members.
4. Subject to Article 4, paragraph 2, the Joint Committee shall meet at the level of ministers, senior officials or experts, as appropriate.
5. The Chair of the Joint Committee shall:
- at the expert level: by the representative of the European Union;
- at the level of senior officials and ministers: in turn, for a period of six months, by the representative of the European Union and the representative of the Swiss government.
Article 4
1. In accordance with this Agreement, the Joint Committee shall have before it all matters referred to in Article 2 and shall ensure that any concerns expressed by Switzerland are duly taken into account.
2. Within the ministerial-level joint committee, the representatives of Switzerland have the opportunity to:
- to expose the problems posed by a particular measure or act or to respond to the problems encountered by other delegations;
- to express itself on any matter relating to the development of provisions concerning them or their implementation.
3. Joint committee meetings at the ministerial level are prepared by the joint committee at the senior officials level.
4. The representative of the Swiss government has the capacity to present suggestions to the joint committee on the issues referred to in Article 1. The Commission or a Member State may, after discussion, consider these suggestions with a view to formulating a proposal or taking an initiative, in accordance with the rules of the European Union, for the purpose of adopting an act or measure of the European Community or the European Union.
Article 5
Without prejudice to section 4, the Joint Committee shall be informed of the preparation within the Council of any act or measure that may be included in this Agreement.
Article 6
In developing new legislative provisions in an area covered by this Agreement, the Commission informally consults with Swiss experts in the same manner as it consults with experts from Member States for the elaboration of its proposals.
Article 7
1. The adoption of new acts or measures related to the issues referred to in Article 2 is reserved for 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 expressly provided otherwise. ÷ this regard, due consideration is given to Switzerland ' s deadline in the joint committee to meet its constitutional requirements.
2. (a) The Council shall promptly notify Switzerland of the adoption of the acts or measures referred to in paragraph 1 to which the procedures provided for in this Agreement have been applied. Switzerland decides on the acceptance of their content and on the transfer in its domestic legal order. This decision is notified to the Council and the Commission within thirty days of the adoption of the acts or measures concerned.
(b) If the contents of the above-mentioned acts or measures can only be linked to Switzerland after the fulfilment of its constitutional requirements, Switzerland shall inform the Council and the Commission at the time of its notification. Switzerland shall promptly and in writing inform the Council and the Commission of the fulfilment of all constitutional requirements. In the event that a referendum is not requested, the notification shall take place immediately upon the deadline. If a referendum is requested, Switzerland shall, in order to make the notification, have a maximum of two years from the notification of the Council. ÷ from the date fixed for the entry into force of the act or measure with respect to Switzerland and until it notified the fulfilment of the constitutional requirements, Switzerland provisionally applies, where possible, the content of the act or measure in question.
If Switzerland cannot provisionally apply the contents of the act or measure in question and this state of fact creates disturbing difficulties in the operation of the Schengen cooperation, the situation will be examined by the joint committee. The European Union and the European Community may take, in respect of Switzerland, the proportionate and necessary measures to ensure the proper functioning of the Schengen cooperation.
3. The acceptance by Switzerland of the contents of the acts and measures referred to in paragraph 2 creates rights and obligations between Switzerland, on the one hand, and, as the case may be, the European Union, the European Community and the Member States, to the extent that they are bound by these acts and measures, on the other hand.
4. In case:
(a) Switzerland shall notify its decision not to accept the content of an act or measure referred to in paragraph 2, to which the procedures provided for in this Agreement have been applied, or
(b) Switzerland does not make the notification within 30 days referred to in paragraph 2, (a) or paragraph 5, (a), or
(c) Switzerland does not make notification after the expiry of the referendum period or, in the case of a referendum, within the two-year period referred to in paragraph 2, point (b), or does not proceed to the provisional application set out in the same point from the date fixed for the entry into force of the act or measure,
this Agreement shall cease to be applicable unless the joint committee, having carefully considered the means to maintain the agreement, decides otherwise within 90 days. This Agreement ceases to apply three months after the expiry of the 90-day period.
5. (a) If the provisions of a new act or a new measure have the effect of not allowing Member States to submit to the conditions laid down in Article 51 of the Schengen Application Convention the execution of a request for mutual legal assistance in criminal matters or the recognition of a search warrant and/or the seizure of evidence from another Member State, Switzerland may notify the Council and the Commission, within the time limit In this case, this Agreement shall not cease to be applicable, contrary to the provisions of paragraph 4.
(b) ÷ the request of one of its members, the joint committee shall meet no later than two months after the request and, taking into account developments at the international level, discuss the situation resulting from the notification made in accordance with item (a).
As soon as the joint committee unanimously reached an agreement that Switzerland fully accepts and transposes the relevant provisions of the new act or measure, paragraph 2, item (b), and paragraphs 3 and 4 apply. The information referred to in paragraph 2, item (b), first sentence, will be provided within thirty days of the agreement reached in the joint committee.
Article 8
1. For the purpose of realizing the objective of the contracting parties to achieve a uniform application and interpretation as possible of the provisions referred to in Article 2, the joint committee observes at all times the evolution of the jurisprudence of the Court of Justice of the European Communities, hereafter referred to as the Court of Justice, as well as the evolution of the jurisprudence of the competent Swiss courts concerning these provisions. A mechanism to ensure the regular mutual transmission of this case law is established for this purpose.
2. Switzerland has the power to submit written submissions or submissions to the Court of Justice when a jurisdiction of a Member State has brought before the Court of Justice a preliminary matter concerning the interpretation of a provision referred to in Article 2.
Article 9
1. Every year, Switzerland submits a report to the joint committee on how its administrative authorities and jurisdictions have applied and interpreted the provisions referred to in Article 2, as interpreted, where appropriate, by the Court of Justice.
2. If, within two months after having been informed of a substantial difference between the jurisprudence of the Court of Justice and the Swiss courts, or of a substantial difference in the application of the provisions referred to in Article 2 between the authorities of the Member States concerned and those of Switzerland, the mixed committee was not able to ensure uniform application and interpretation, the procedure provided for in Article 10 is initiated.
Article 10
1. In the event of a dispute over the application of this Agreement or when the situation provided for in Article 9, paragraph 2, arises, the matter is officially listed as a point of law on the agenda of the joint committee at the ministerial level.
2. The mixed committee has 90 days from the date of the adoption of the agenda to which the dispute was entered to resolve the dispute.
3. In the event that the dispute cannot be settled by the joint committee within the 90-day period referred to in paragraph 2, this period shall be extended by thirty days for final settlement.
In the absence of such a final settlement, this Agreement shall cease to apply six months after the expiration of the thirty-day period.
Article 11
1. With respect to the administrative costs associated with the application of this Agreement, Switzerland shall make an annual contribution to the general budget of the European Communities of 7.286 per cent of the amount of EUR 8.100,000, subject to an annual adjustment based on the inflation rate within the European Union.
2. With regard to the development costs of the Schengen II Information System, Switzerland provides the general budget of the European Communities, in accordance with its gross domestic product in relation to the gross domestic product of all participating countries, an annual contribution for the budgetary periods in respect of the Schengen II Information System, beginning in fiscal year 2002.
The contribution covering the fiscal years preceding the coming into force of this Agreement is due at the time of the coming into force of this Agreement.
3. When the operating costs associated with the application of this Agreement are not attributable to the general budget of the European Communities but are directly borne by the participating Member States, Switzerland contributes to these costs to the proportion of its gross domestic product relative to the gross domestic product of all participating countries.
If operating costs are attributable to the general budget of the European Communities, Switzerland shall make an annual contribution to the proportion of its gross domestic product to the gross domestic product of all participating countries.
4. Switzerland has the right to receive documents relating to this agreement prepared by the Commission or the Council and, at the meetings of the joint committee, to request interpretation in an official language of the institutions of the European Communities of its choice.
Article 12
1. This agreement does not affect the agreements reached between the European Community and Switzerland, as well as the agreements reached between the European Community and its member States, on the one hand, and Switzerland on the other.
2. This Agreement does not affect the agreements between Switzerland, on the one hand, and one or more Member States, on the other hand, to the extent that they are consistent with this Agreement. In the event of incompatibility between these agreements and this Agreement, the Agreement shall prevail.
3. This Agreement shall not affect any agreements that may be concluded in the future by the European Community with Switzerland, as well as agreements between the European Community and its member States, on the one hand, and Switzerland, on the other, or agreements that may be concluded on the basis of Articles 24 and 38 of the Treaty on the European Union.
Article 13
1. Switzerland will enter into an agreement with the Kingdom of Denmark on the creation of rights and obligations between Denmark and Switzerland regarding the provisions referred to in Article 2 that fall under Title IV of the Treaty establishing the European Community and to which, therefore, the protocol on the position of Denmark annexed by the Treaty of Amsterdam to the Treaty on the European Union and the Treaty establishing the European Community applies.
2. Switzerland will conclude an agreement with the Republic of Iceland and the Kingdom of Norway on the creation of mutual rights and obligations under their respective associations to the implementation, application and development of the Schengen acquis.
Article 14
1. This Agreement shall enter into force one month after the date on which the Secretary-General of the Council, in his capacity as depositary, has found that all formal conditions relating to the expression of consent by or on behalf of the parties to this Agreement have been met.
2. Sections 1, 3, 4, 5, 6 and 7, paragraph 2 (a), first sentence, apply provisionally from the date of signature of this Agreement.
3. With respect to the acts or measures adopted after the signing of this Agreement, but before its entry into force, the thirty-day period referred to in Article 7, paragraph 2, point (a), last sentence, begins on the day of the entry into force of this Agreement.
Article 15
1. The provisions referred to in Annexes A and B, as well as those already adopted in accordance with Article 2, paragraph 3, shall be implemented by Switzerland at a date to be determined by the Council unanimously by its members representing the governments of the Member States that apply all the provisions referred to in Annexes A and B, after consultation within the Joint Committee and after having ascertained that Switzerland has met the conditions prior to the implementation of the relevant provisions and that the effective controls are made.
The members of the Council representing the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland participate in the taking of this decision insofar as it relates to the provisions of the Schengen acquis and to acts based on or related to it, to which these Member States participate.
Members of the Council representing the governments of the Member States for which, in accordance with the Treaty of Accession, only a portion of the provisions referred to in Annexes A and B is applicable, participate in the decision to the extent that 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^er creates rights and obligations between Switzerland, on the one hand, and, as the case may be, the European Union, the European Community and the Member States, to the extent that they are bound by these provisions, on the other.
3. This Agreement shall be applied only if the agreements referred to in Article 13 are also implemented.
4. In addition, this agreement is only implemented if the agreement between the European Community and Switzerland on criteria and mechanisms for the determination of the State responsible for the examination of an asylum application filed in a Member State 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, establishing all the consequences of such accession, including the creation of rights and obligations between Liechtenstein and Switzerland, as well as between Liechtenstein, on the one hand, and the European Union, the European Community and the Member States, to the extent that they are bound by the provisions of the Schengen acquis, on the other hand.
Article 17
1. This Agreement may be denounced by Switzerland or by a decision of the Council unanimously of its members. This denunciation is notified to the depositary and takes effect six months after the notification.
2. This Agreement shall be deemed to be denounced if Switzerland denounces any of the agreements referred to in Article 13 or the agreement referred to in Article 15, paragraph 4.
Article 18
1. This Agreement is written in duplicate in German, English, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
2. The Maltese version of this Agreement will be authenticated by the contracting parties on the basis of an exchange of letters. It will also be faith in the languages referred to in paragraph 1^er.
In faith, the undersigned Plenipotentiaries affixed their signature at the bottom of this agreement.
Done in Luxembourg on the twenty-six October two thousand four.
Annex A
(Article 2, paragraph 1^er)
Part 1 of this annex concerns the Schengen Agreement of 1985 and the Schengen Agreement Implementation Convention signed at Schengen on 19 June 1990, Part 2, the instruments of accession, and Part 3, the relevant secondary Schengen acts.
PART 1
The provisions of the Agreement signed at Schengen on 14 June 1985 between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic relating to the gradual suppression of controls at the common borders.
All provisions of the Schengen Agreement Implementation Agreement of 14 June 1985 signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, with the exception of the following provisions:
Article 2, paragraph 4, concerning the control of goods
Article 4 to the extent that baggage checks are concerned
Article 10, paragraph 2
Article 19, paragraph 2
Articles 28 to 38 and definitions thereof
Rule 60
Rule 70
Rule 74
Articles 77 to 91 to the extent that they are covered by Council Directive 91/477/EEC of 18 June 1991 on the Control of the Acquisition and Detention of Weapons
Articles 120 to 125 concerning the movement of goods
Articles 131 to 133
Rule 134
Articles 139 to 142
Final Act: statement 2
Final act: statements 4, 5 and 6
Minutes
Joint statement
Declaration of Ministers and State Secretaries
PART 2
The provisions of the instruments of accession to the Schengen Agreement and Convention signed with the Italian Republic (in Paris on 27 November 1990), the Kingdom of Spain and the Portuguese Republic (in Bonn on 25 June 1991), the Hellenic Republic (in Madrid on 6 November 1992), the Republic of Austria (in Brussels on 28 April 1995), as well as the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden (in Luxembourg on 19 December 1995),
1. The Protocol, signed in Paris on 27 November 1990, concerning the accession of the Government of the Italian Republic to the Agreement between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic, concerning the gradual removal of the joint border controls signed in Schengen on 14 June 1985.
2. The following provisions of the Agreement, signed in Paris on 27 November 1990, relating to the accession of the Italian Republic to the Schengen Agreement Implementation Convention of 14 June 1985 between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic relating to the phasing-out of joint border controls, signed at Schengen on 19 June 1990, of its final act and the declarations thereof:
Article 1^er
Articles 5 and 6
Final Act, Part I
Final Act, Part II, Statements 2 and 3
Declaration of Ministers and State Secretaries
3. The Protocol, signed in Bonn on 25 June 1991, concerning the accession of the Government of the Kingdom of Spain to the Agreement between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic relating to the gradual removal of controls at the common borders signed in Schengen on 14 June 1985, as amended by the Protocol of Accession of the Government of the Italian Republic signed in Paris on 27 November 1990, as well as
4. The following provisions of the Agreement signed in Bonn on 25 June 1991, concerning the accession of the Kingdom of Spain to the Schengen Agreement Implementation Convention of 14 June 1985 between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic relating to the phasing-out of the joint border controls, signed in Schengen on 19 June 1990, to which the Italian Republic signed the Final Agreement by the Italian Republic
Article 1^er
Articles 5 and 6
Final Act, Part I
Final Act, Part II, Statements 2 and 3
Final Act, Part III, Statements 3 and 4
Declaration of Ministers and State Secretaries
5. The Protocol, signed in Bonn on 25 June 1991, concerning the accession of the Government of the Portuguese Republic to the Agreement between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic relating to the gradual suppression of border controls signed in Schengen on 14 June 1985, as amended by the Protocol of Accession of the Government of the Italian Republic signed in Paris on 27 November 1990, as well as the declarations signed in Paris.
6. The following provisions of the Agreement, signed in Bonn on 25 June 1991, relating to the accession of the Portuguese Republic to the Schengen Agreement Implementation Convention of 14 June 1985 between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic relating to the gradual suppression of controls at the common borders, signed in Schengen on 19 June 1990, to which the Italian Republic acceded by
Article 1^er
Articles 7 and 8
Final Act, Part I
Final Act, Part II, Statements 2 and 3
Final Act, Part III, Statements 2, 3, 4 and 5
Declaration of Ministers and State Secretaries
7. The Protocol, signed in Madrid on 6 November 1992, concerning the accession of the Government of the Hellenic Republic to the Agreement between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic concerning the gradual removal of the joint border controls signed in Schengen on 14 June 1985, as amended by the Protocols of accession of the Government of the Italian Republic signed in Paris on 27 November 1985.
8. The following provisions of the Agreement, signed in Madrid on 6 November 1992, relating to the accession of the Hellenic Republic to the Convention relating to the application of the Schengen Agreement of 14 June 1985 between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic relating to the gradual suppression of the controls at the common borders, signed in Schengen on 19 June 1990, to which the Italian Republic signed
Article 1^er
Articles 6 and 7
Final Act, Part I
Final Act, Part II, Statements 2, 3 and 4
Final Act, Part III, Statements 1 and 3
Declaration of Ministers and State Secretaries
9. The Protocol, signed in Brussels on 28 April 1995, concerning the accession of the Government of the Republic of Austria to the Agreement between the Governments of the States of the Bénélux Economic Union, of the Federal Republic of Germany and of the French Republic concerning the gradual removal of the controls at the common borders signed in Schengen on 14 June 1985, as amended by the Protocols of accession of the Government of the Hellenic Republic of 1991, of the Governments of the
10. The following provisions of the Agreement, signed in Brussels on 28 April 1995, relating to the accession of the Republic of Austria to the Schengen Agreement Implementation Convention of 14 June 1985 between the Governments of the States of the Bénélux Economic Union, the Federal Republic of Germany and the French Republic respectively concerning the gradual suppression of the controls at the common borders signed in Schengen on 19 June 1990, to which the Italian Republic,
Article 1^er
Articles 5 and 6
Final Act, Part I
Final Act, Part II, statement 2
Final Act, Part III
11. The Protocol, signed in Luxembourg on 19 December 1996, relating to the accession of the Government of the Kingdom of Denmark to the Agreement on the phasing out of joint border controls signed in Schengen on 14 June 1985, as well as the declaration attached to this Protocol.
12. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, relating to the accession of the Kingdom of Denmark to the Convention for the Implementation of the Schengen Agreement of 14 June 1985 on the phasing-down of common border controls, signed at Schengen on 19 June 1990, and its final act as well as the declarations thereof:
Article 1^er
Articles 7 and 8
Final Act, Part I
Final Act, Part II, statement 2
Final Act, Part III
Declaration of Ministers and State Secretaries
13. The Protocol, signed in Luxembourg on 19 December 1996, relating to the accession of the Government of the Republic of Finland to the Agreement on the phasing out of joint border controls signed in Schengen on 14 June 1985, as well as the declaration attached to the Protocol.
14. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, relating to the accession of the Republic of Finland to the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of joint border controls, signed at Schengen on 19 June 1990, of its final act and the declaration thereon:
Article 1^er
Articles 6 and 7
Final Act, Part I
Final Act, Part II, statement 2
Final Act, Part III, except the declaration on the Aland Islands
Declaration of Ministers and State Secretaries
15. The Protocol, signed in Luxembourg on 19 December 1996, relating to the accession of the Government of the Kingdom of Sweden to the Agreement on the phasing out of joint border controls signed in Schengen on 14 June 1985, and the declaration attached to that Protocol.
16. The following provisions of the Agreement, signed in Luxembourg on 19 December 1996, relating to the accession of the Kingdom of Sweden to the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of common border controls, signed at Schengen on 19 June 1990, of its final act and of the declaration thereon:
Article 1^er
Articles 6 and 7
Final Act, Part I
Final Act, Part II, statement 2
Final Act, Part III
Declaration of Ministers and State Secretaries
PART 3
A. The following decisions of the Executive Committee:
For the consultation of the table, see image
B. The following statements by the Executive Committee:
For the consultation of the table, see image
C. The following decisions of the Central Group:
For the consultation of the table, see image
Annex B
(Article 2, paragraph 2)
Switzerland will apply the contents of the following acts from the date fixed by the Council in accordance with Article 15.
If on that date a Convention or Protocol referred to in an act marked below by an asterisk has not yet entered into force for all the Member States of the European Union at the time of the adoption of the act concerned, Switzerland will only apply the content of the relevant provisions of these instruments from the date on which the Convention or the Protocol in question is in force for all such Member States.
- Council Directive 91/477/EEC of 18 June 1991 on the Control of the Acquisition and Detention of Weapons (OJ L 256 of 13.9 1991, p. 51) and Commission Recommendation 93/216/EEC of 25 February 1993 on the European Firearms Card (OJ L 93 of 17.4 1993, p. 39), as amended by Commission Recommendation 96/129/EC of 12 January 1996 (OJ L 30 of 8.2),
- Council Regulation (EC) No 1683/95 of 29 May 1995 establishing a model type of visa (OJ L 164 of 14.7 1995, p. 1), amended by Council Regulation (EC) No 334/2002 of 18 February 2002 (OJ L 53 of 23.2 2002, p. 7); decision of the Commission of 7 February 1996 and decision of the Commission of 3 June 2002 establishing the additional technical specifications for the model type of visa (not published)
- Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (OJ L 281 of 23.11 1995, p. 31)
- Act of the Council of 29 May 2000 establishing, in accordance with Article 34 of the Treaty on the European Union, the convention on mutual legal assistance in criminal matters between the Member States of the European Union [dispositions referred to in Article 2, paragraph 1^er(OJ C 197 of 12.7 2000, p. 1) *
- Decision 2000/586/JAI of the Council of 28 September 2000 establishing a procedure for amending Article 40, paragraphs 4 and 5, Article 41, paragraph 7, and Article 65, paragraph 2, of the Schengen Agreement Implementation Agreement of 14 June 1985 on the gradual suppression of common external border controls (OJ L 248 of 3.10 2000, p. 1)
- Council Decision 2000/645/EC of 17 October 2000 to correct the Schengen acquis contained in decision SCH/Com-ex (94) 15 rev. of the Schengen Executive Committee (OJ L 272 of 25.10 2000, p. 24)
- Council Regulation (EC) No 539/2001 of 15 March 2001 establishing the list of third countries whose nationals are subject to the visa requirement to cross the external borders of the Member States and the list of those whose nationals are exempt from this obligation (OJ L 81 of 21.3 2001, p. 1), as amended by Council Regulation (EC) No 2414/2001 of 7 December 2001 (OJ L 327 of 12.122003, p. 1)
Decision 2001/329/EC of 24 April 2001 on updating Part VI and Annexes 3, 6 and 13 of the common consular instructions and Annexes 5(a), 6(a) and 8 of the joint manual (OJ L 116 of 26.4 2001, p. 32)
- Council Regulation (EC) No 1091/2001 of 28 May 2001 concerning free movement with a long-term visa (OJ L 150 of 6.6 2001, p. 4)
- Decision 2001/420/EC of the Council of 28 May 2001 on the adaptation of Parts V and VI and Schedule 13 of the Common Consular Instructions as well as Annex 6 (a) of the Common Manual for long-term visas with concurrent value of short-term visas (OJ L 150 of 6.6 2001, p. 47)
- Council Directive 2001/40/EC of 28 May 2001 on the Mutual Recognition of Decisions to Depart from Third Country Nationals (OJ L 149 of 2.6 2001, p. 34) and Council Decision 2004/191/EC of 23 February 2004 defining the criteria and practical modalities of compensation for financial imbalances resulting from the application of Directive 2001/40/EC on mutual recognition of decisions to depart from third countries (OJ L 60)
- Council Directive 2001/51/EC of 28 June 2001 to supplement the provisions of Article 26 of the Schengen Agreement Implementation Convention of 14 June 1985 (OJ L 187 of 10.7 2001, p. 45)
- Act of the Council of 16 October 2001 establishing, in accordance with Article 34 of the Treaty on the European Union, the Protocol to the Convention on Mutual Legal Assistance in Criminal Matters between the Member States of the European Union [disposition referred to in Article 15 of the Protocol] (OJ C 326 of 21.11 2001, p. 1)*
- Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second-generation Schengen Information System (SIS II) (OJ L 328 of 13.12 2001, p. 4)
- Decision 2001/886/JAI of 6 December 2001 on the development of the second-generation Schengen Information System (SIS II) (OJ L 328 of 13.12 2001, p. 1)
- Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Appendix 12 of the Common Consular Instructions and Appendix 14a of the Common Manual (OJ L 20 of 23.1 2002, p. 5)
- Council Regulation (EC) No 333/2002 of 18 February 2002 establishing a uniform model of a leaflet for the affixing of a visa issued by the Member States to the holders of a travel document not recognized by the Member State that establishes the leaflet (OJ L 53 of 23.2 2002, p. 4) and decision of the Commission of 12 August 2002 setting the complementary technical specifications for the uniform model of a leaflet for the affixing of a member states
Decision 2002/352/EC of 25 April 2002 on the revision of the Joint Manual (OJ L 123 of 9.5 2002 p. 47)
- Council Decision 2002/354/EC of 25 April 2002 on the adaptation of Part III and the establishment of Annex 16 of the Common Consular Instructions (OJ L 123 of 9.5 2002, p. 50)
- Council Regulation (EC) No 1030/2002 of 13 June 2002 establishing a uniform model of residence permits for third-country nationals (OJ L 157 of 15.6 2002, p. 1) and Commission decision of 14 August 2002 setting the additional technical specifications for the uniform model of residence permits for third-country nationals (unpublished)
- Council Decision 2002/585/EC of 12 July 2002 on the adaptation of Parts III and VIII of the Common Consular Instructions (OJ L 187 of 16.7 2002, p. 44)
- Council Decision 2002/586/EC of 12 July 2002 on the adaptation of Part VI of the Common Consular Instructions (OJ L 187 of 16.7 2002, p. 48)
Decision 2002/587/EC of 12 July 2002 on the revision of the Joint Manual (OJ L 187 of 16.7 2002, p. 50)
- Council Framework Decision 2002/946/JAI of 28 November 2002 to strengthen the criminal framework for the repression of assistance to irregular entry, transit and stay (OJ L 328 of 5.12 2002, p. 1)
- Council Directive 2002/90/EC of 28 November 2002 defining assistance for irregular entry, transit and stay (OJ L 328 of 5.12 2002, p. 17)
- Council Regulation (EC) No 415/2003 of 27 February 2003 on the issuance of visas at the border, including to sailors in transit (OJ L 64 of 7.3 2003, p. 1)
- The provisions of the 1995 Convention on the Simplified Procedure for Extradition between the Member States of the European Union (OJC 78 of 30.3 1995, p. 2) and the 1996 Convention on Extradition between the Member States of the European Union (OJC 313 of 23.10 1996, p. 12) mentioned in Council Decision 2003/169/JAI of 27 February 2003 determining the provisions of the 1995 Convention on the Procedure
- Council Decision 2003/170/JAI of 27 February 2003 on the common use of liaison officers detached by the repressive authorities of the Member States [except article 8] (OJ L 67 of 12.3 2003, p. 27)
- Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a document facilitating transit (DFT) and a document facilitating rail transit (DFTF) and amending common consular instructions and common manual (OJ L 99 of 17.4 2003, p. 8)
- Council Regulation (EC) No 694/2003 of 14 April 2003 establishing uniform models for the document facilitating transit (DFT) and the document facilitating rail transit (DFTF) provided for in Regulation (EC) No 693/2003 (OJ L 99 of 17.4 2003, p. 15)
- Council Decision 2003/454/EC of 13 June 2003 amending Schedule 12 of the common consular instructions as well as Appendix 14 a of the common manual with respect to visa fees (OJ L 152 of 20.6 2003, p. 82)
- Council Regulation (EC) No 1295/2003 of 15 July 2003 on measures to facilitate application and visa procedures for members of the Olympic family participating in the 2004 Olympic and/or Paralympic Games in Athens (OJ L 183 of 22.7 2003, p. 1)
- Council Decision 2003/585/EC of 28 July 2003 on the amendment to Schedule 2, Inventory A, common consular instructions as well as Annex 5, Inventory A, of the common manual with respect to the visa requirement for Pakistani diplomatic passport holders (OJ L 198 of 6.8 2003, p. 13)
- Decision 2003/586/EC of the Council of 28 July 2003 on the amendment of Annex 3, Part I, of the common consular instructions as well as Annex 5 a, Part I, of the common manual with respect to third country nationals subject to the obligation of airport transit visa (OJ L 198 of 6.8 2003, p. 15)
- Council Decision 2003/725/JAI of 2 October 2003 amending the provisions of Article 40, paragraphs 1 and 7, of the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of common border controls (OJ L 260 of 11.10 2003, p. 37)
- Council Directive 2003/110/EC of 25 November 2003 on transit assistance in the context of aerial distance measures (OJ L 321 of 6.12 2003, p. 26)
- Council Decision 2004/14/EC of 22 December 2003 amending the third paragraph (Basic Criteria for the Introduction of the Application) of Part V of the Common Consular Instructions (OJ L 5 of 9.1 2004, p. 74)
Decision 2004/15/EC of the Council of 22 December 2003 amending item 1.2 of Part II of the Common Consular Instructions and establishing a new annex to these instructions (OJ L 5 of 9.1 2004, p. 76)
- Council Decision 2004/17/EC of 22 December 2003 amending Part V, item 1.4, of common consular instructions and Part I, item 4.1.2, of the common manual to include travel health insurance in the supporting documentation required for obtaining the uniform visa (OJ L 5 of 9.1 2004, p. 79)
- Commission Regulation (EC) No 377/2004 of 19 February 2004 on the establishment of a network of "Immigration" liaison officers (OJ L 64 of 2.3 2004, p. 1)
- Council Decision 2004/466/EC of 29 April 2004 amending the common manual to add a provision on targeted border controls on accompanied minors (OJ L 157 of 30.4 2004, p. 136)
- Corrigendum to Council Decision 2004/466/EC of 29 April 2004 amending the common manual to add a provision for targeted border controls on accompanied minors (OJ L 195 of 2.6 2004, p. 44)
- Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the allocation of certain new functions to the Schengen Information System, including in the context of the fight against terrorism (OJ L 162 of 30.4 2004, p. 29)
- Commission Directive 2004/82/EC of 29 April 2004 on the requirement for carriers to disclose passenger data (OJ L 261 of 6.8 2004, p. 24)
- Decision 2004/573/EC of the Council of 29 April 2004 on the organization of joint flights for the removal, from the territory of two or more Member States, of nationals of third countries subject to deportation measures in the territory of two or more Member States (OJ L 261 of 6.8 2004, p. 28)
- Council Decision 2004/574/EC of 29 April 2004 amending the common manual (OJ L 261 of 6.8 2004, p. 36)
- Council Decision 2004/581/EC of 29 April 2004 setting out the minimum indications to be included on panels at border crossing points (OJ L 261 of 6.8 2004, p. 119)
- Council Decision 2004/512/EC of 8 June 2004 establishing the visa information system (VIS) (OJ L 213 of 15.6 2004, p. 5)

Final Act
The Plenipotentiaries adopted the following joint statements and attached to this final act:
1. Joint declaration by the Contracting Parties on parliamentary consultation;
2. Joint declaration of contracting parties concerning external relations;
3. Joint declaration by the Contracting Parties on Article 23, paragraph 7, of the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union.
The Plenipotentiaries also took note of the following statements and attached to this final act:
1. Swiss statement on mutual legal assistance in criminal matters;
2. Statement by Switzerland on Article 7, paragraph 2, item (b), on the time limit for the acceptance of new developments in the Schengen acquis;
3. Statement by Switzerland on the application of the European Convention on Mutual Assistance in Criminal Matters and the European Convention on Extradition;
4. Statement by the European Commission on the transmission of proposals;
5. Statement by the European Commission on committees that assist the European Commission in the exercise of its executive powers.
Done in Luxembourg on the twenty-six October two thousand four.

COMMON DECLARATIONS OF THE CONTRACTING PARTIES
Joint Declaration of Contracting Parties on Parliamentary Consultation
The Contracting Parties consider it appropriate that the issues under this Agreement be discussed at the inter-parliamentary meetings of the European Parliament-Switzerland.
Joint declaration of contracting parties concerning external relations
The contracting parties agree that the European Community undertakes to encourage third States or international organizations with which it concludes agreements in an area related to Schengen cooperation to enter into agreements similar to the Swiss Confederation, without prejudice to the competence of the Swiss Confederation to conclude such agreements.
Joint Declaration of the Contracting Parties on Article 23, paragraph 7, of the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union
The Contracting Parties agree that Switzerland may, subject to the provisions of Article 23, paragraph 1^er, point (c) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, as the case may be, require that, unless the Member State concerned has obtained the consent of the person concerned, personal data may not be used for the purposes referred to in Article 23, paragraph 1^er, points (a) and (b), of this Convention only with the prior agreement of Switzerland in the proceedings for which it could have refused or restricted the transmission or use of personal data in accordance with the provisions of this Convention or the instruments referred to in Article 1^er this one.
If, in a case of a case, Switzerland refuses to give its consent following the request of a Member State pursuant to the above-mentioned provisions, it must justify its decision in writing.
OTHER DECLARATIONS
Swiss statement on mutual legal assistance in criminal matters
Switzerland declares that tax offences in the field of direct taxation, prosecuted by Swiss authorities, may not, at the time of the entry into force of this Agreement, give rise to an appeal before a competent court, particularly in criminal matters.
Statement by Switzerland on Article 7, paragraph 2, item (b), on the time limit for acceptance of the new developments of the Schengen acquis
The maximum period of two years in section 7, paragraph 2, point (b), covers both the approval and the implementation of the act or measure. It includes the following phases:
- the preparatory phase,
- parliamentary procedure,
- the deadline (100 days from the official publication of the act) and, if applicable,
- the referendum (organization and voting).
The Federal Council shall promptly inform the Council and the Commission of the completion of each of these phases.
The Federal Council undertakes to implement all the means at its disposal to ensure that the above-mentioned phases take place as quickly as possible.
Statement 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 making use of its reservations and declarations accompanying the ratification of the European Extradition Convention of 13 December 1957 and the European Mutual Assistance Convention of 20 April 1959 as incompatible with this Agreement.
Statement by the European Commission on the transmission of proposals
When submitting proposals to the Council of the European Union and to the European Parliament relating to this Agreement, the Commission shall transmit copies of these proposals to Switzerland.
Statement by the European Commission on Committees that assist the European Commission in the exercise of its executive powers
÷ the present time, in addition to the committee established by Article 31 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data, the committees that assist the European Commission in the exercise of its executive powers in the field of the implementation, application and development of the Schengen acquis are:
- the committee established by Article 6 of Regulation (EC) No 1683/95 of the Council of 29 May 1995 establishing a model type of visa ("Visa Committee") and
- the committee established by Article 5 of the Council Decision of 6 December 2001 (2001/886/JAI) and Article 5 of Council Regulation (EC) No 2424/2001 of 6 December 2001, both instruments referring to the development of the second-generation Schengen Information System (SIS II) ("SIS II Committee").
SUSTAINABLE AGREEMENT OF LETTERS BETWEEN THE EUROPEAN MEETING COUNCIL AND SWITZERLAND CONFEDERATION CONCERNING COMMITTEES ASSISTING THE EUROPEAN COMMISSION IN THE EXERCISE OF EXECUTIVE SES
A. Letter from the European Community
Mr.,
The Council refers to the negotiations concerning the agreement on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis and has taken note of the request made by the Swiss Confederation, in the spirit of its participation in the process of formation of decisions in the areas covered by the agreement and in order to promote the proper functioning of the agreement, to be fully associated with the work of the committees which assist the agreement
The Commission notes that when such procedures are applied to the areas covered by the agreement, the Swiss Confederation should be associated with the work of these committees, in order to ensure, inter alia, that the procedures of the agreement have been applied to the acts or measures concerned so that they can bind the Swiss Confederation.
The European Community is committed to negotiating appropriate arrangements to involve the Swiss Confederation in the work of these committees.
With regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free flow of such data:
- The European Commission assures the Confederationsuisse experts the widest possible participation, when a particular point concerns the application of the Schengen acquis and exclusively for such a point, in the preparation of the draft measures to be submitted to the committee established by Article 31 of this directive, which assists the European Commission in the exercise of its executive powers. Thus, in developing its proposals, the European Commission consults with experts from the Swiss Confederation as well as experts from the Member States.
- The Swiss Confederation may, in accordance with Article 29, paragraph 2, second paragraph, of the said directive, designate a person who represents the supervisory authority or the authorities designated by the Swiss Confederation to participate as an observer, without the right to vote, in meetings of the personal data protection group. This participation will take place on an "ad hoc" invitation when a particular point concerns the application of the Schengen acquis and exclusively for such a point.
I would be grateful if you would let me know your government's agreement on the above.
Please accept, Mr., the assurance of my highest consideration.
B. Response from the Swiss Confederation
Mr.,
I have the honour to acknowledge receipt of the letter that you have kindly addressed to me... and whose content is as follows:
"The Council refers to the negotiations concerning the agreement on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis and has taken note of the request made by the Swiss Confederation, in the spirit of its participation in the process of formation of decisions in the areas covered by the agreement and in order to promote the proper functioning of the agreement, to be fully associated with the work of the European Committees which assist
The Commission notes that when such procedures are applied to the areas covered by the agreement, the Swiss Confederation should be involved in the work of these committees, in order to ensure, inter alia, that the procedures of the agreement have been applied to the acts or measures concerned so that they can bind the Confederation.
The European Community is committed to negotiating appropriate arrangements to involve the Swiss Confederation in the work of these committees.
With regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free flow of such data:
- The European Commission assures the Confederationsuisse experts the widest possible participation, when a particular point concerns the application of the Schengen acquis and exclusively for such a point, in the preparation of the draft measures to be submitted to the committee established by Article 31 of this directive, which assists the European Commission in the exercise of its executive powers. Thus, in developing its proposals, the European Commission consults with experts from the Swiss Confederation as well as experts from the Member States.
- The Swiss Confederation may, in accordance with Article 29, paragraph 2, second paragraph, of the said directive, designate a person who represents the supervisory authority or the authorities designated by the Swiss Confederation to participate as an observer, without the right to vote, in meetings of the personal data protection group. This participation will take place on an "ad hoc" invitation when a particular point concerns the application of the Schengen acquis and exclusively for such a point.
I would be grateful if you would let me know your government's agreement on the above. »
I have the honour to convey to you the Swiss Federal Council agreement on the above.
Please accept, Mr., the assurance of my highest consideration.
Joint Statement on Joint Revocations of Joint Committees
Delegations representing the governments of the Member States of the European Union,
The delegation of the European Commission,
Delegations representing the governments of the Republic of Iceland and the Kingdom of Norway,
The delegation representing the Government of the Swiss Confederation,
- decided to jointly organize the meetings of the joint committees established by the agreement on the association of Iceland and Norway to the implementation, application and development of the Schengen acquis, on the one hand, and the agreement on the association of Switzerland to the implementation, application and development of the Schengen acquis, on the other hand,
- note that the joint holding of these meetings requires a pragmatic arrangement with regard to the chairmanship of these meetings when this Presidency must be provided by the associated States under the agreement between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis or the agreement concluded by the Council of the European Union and
- take note of the desire of the associated States to give in case of need the exercise of their presidency and to exercise it in turn in the alphabetical order of their name, beginning with the entry into force of the agreement between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis.