0.362.1 original text agreement in the form of exchange of letters between the Council of the European Union and the Swiss Confederation concerning the committees that assist the European Commission in the exercise of its executive powers concluded on October 26, 2004, approved by the Federal Assembly on 17 December 2004, entered into force March 1, 2008 (status March 1, 2008) the Confederation response Switzerland Mr , I have the honour to acknowledge receipt of the letter that you kindly speak on October 26, 2004 and whose content is as follows: "the Council refers to the negotiations on the agreement on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis and took good note of the request made by the Swiss Confederation. in the spirit of its participation in the process of formation of the decisions in the areas covered by the agreement and to facilitate the functioning of it, to be fully associated with the work committees that assist the European Commission in the exercise of its executive powers.
The Commission notes that when such procedures will be applied in the fields covered by the agreement, should actually be to associate the Swiss Confederation to the work of these committees, in order to ensure 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 undertakes to negotiate appropriate arrangements to associate the Swiss Confederation with the work of these committees.
With regard to the directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with respect to the processing of data personal data and the free movement of such data:-the European Commission ensures the experts of the Swiss Confederation the widest participation possible, when a particular point concerns the application of the Schengen and exclusively to such an extent , in the preparation of draft measures to be submitted later to the Committee established by art. 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 the experts of the Swiss Confederation as well as experts from the Member States; - the Swiss Confederation may, in accordance with art. 29, by. 2, al. 2, of the directive to designate a person who represents the control authority or the authorities designated by the Swiss Confederation to participate as an observer, without the right to vote, in meetings of the Group of protection of persons against the treatment of the personal data. This participation will take place on "ad hoc" invitation when a particular point concerns the application of the Schengen and exclusively to such a point.
Would you please kindly let me know the agreement of your Government to the foregoing."
I have the honour to announce the agreement of the Swiss federal Council on the above.
Please accept, Sir, the assurance of my highest consideration.
Done at Luxembourg, 26 October 2004.
For the Swiss Confederation: Micheline Calmy-Rey Joseph Deiss RO 2008 537; FF 2004 5593 art. 1 al. let 1. FY Dec. 17 d. 2004 (RO 2008 447) State on March 1, 2008