Rs 0.362.31 October 26, 2004 Agreement Between The Swiss Confederation, The European Union And The European Community On The Association Of The Swiss Confederation To The Implementation, Application And Development Of The Schengen Acquis (With Annexes

Original Language Title: RS 0.362.31 Accord du 26 octobre 2004 entre la Confédération suisse, l’Union européenne et la Communauté européenne sur l’association de la Confédération suisse à la mise en œuvre, à l’application et au développement de l’acquis de Schengen (avec annexes

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0.362.31 original text agreement between the Swiss Confederation, the Union European and community European on the association of the Swiss Confederation to the implementation, application and development of the acquis Schengen determined on October 26, 2004 approved by the Federal Assembly on 17 December 2004 of Swiss ratification deposited on 20 March 2006, entered into force March 1, 2008 (status on December 12, 2008) the Swiss Confederation and the Union European and community European hereinafter referred to as "the contracting parties", whereas with the entry into force of the Treaty of Amsterdam, the Union European has set objective to maintain and develop the Union as an area of freedom, security and justice in which is ensured the free movement of persons, in conjunction with appropriate measures for the control of borders, of asylum, immigration and prevention of crime and of fight against this phenomenon;
whereas the Schengen acquis integrated into the framework of the European Union is a part of the provisions for the implementation of this area of freedom, security and justice insofar as these create a space without internal border controls and provide compensatory measures to ensure a high level of security;
having regard to the geographical position of the Swiss Confederation;
considering that participation of the Swiss Confederation to the acquis of Schengen, and for its continued development will, on the one hand, eliminate certain obstacles to the free movement of people resulting from the geographical position of the Swiss Confederation, and, on the other hand, to strengthen cooperation between the European Union and the Swiss Confederation in the areas covered by the Schengen acquis;
Whereas, by the agreement concluded on 18 May 1999 by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway, both States were associated to the implementation, application and development of the Schengen acquis;
Whereas it is desirable that the Swiss Confederation be associated on a equal footing with the Iceland and the Norway to the implementation, application and development of the Schengen acquis;
Whereas it is appropriate to conclude between the European Union, the European Community and the Swiss Confederation an agreement which includes rights and obligations similar to those agreed between the Council of the European Union, on the one hand, and the Iceland and Norway, on the other hand;
convinced that it is necessary to organise cooperation between the European Union and the Swiss Confederation concerning the implementation, practical application and further development of the Schengen acquis;
Whereas it is necessary, in order to associate the Swiss Confederation to the activities of the European Union in the areas covered by this agreement and to enable participation such activities, to set up a Committee according to the institutional model in place for the association of the Iceland and Norway;
whereas cooperation Schengen is based on the principles of freedom, democracy, rule of law and respect for human rights, as guaranteed in particular by the European Convention on protection of the rights of man and fundamental freedoms of 4 November 1950;
whereas the provisions of title IV of the Treaty establishing the European Community and of acts adopted on the basis of that title do not apply to the Kingdom of Denmark under the Protocol on the position of the Denmark annexed to the Treaty of Amsterdam to the Treaty on the Union European and to the Treaty establishing the Community European, and that the decisions to develop the Schengen acquis in application of that title that the Denmark has transposed into its national law are likely to create obligations of international law between the Denmark and other States as members;
whereas the United Kingdom of Great Britain and the Northern Ireland and the Ireland participate, according to the decisions taken by virtue of the Protocol incorporating acquis Schengen in the European Union annexed to the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community to certain provisions of the Schengen acquis;
Whereas it is necessary to ensure that the States with which the European Union has created an association to the implementation, application and development of the Schengen acquis apply this acquis also in their mutual relations;
whereas the proper functioning of the Schengen acquis calls a simultaneous application of this agreement, the agreements between the various parties associated with or participating in the implementation and development of the Schengen acquis regulating their mutual relations;
having regard to the agreement on the association of the Swiss Confederation to the implementation, application and development of the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining an asylum application submitted in one of the Member States and on the creation of the system "Eurodac"
whereas the link between the Schengen acquis and the acquis;
Whereas this link requires an implementation of simultaneous application of the Schengen acquis with the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining an asylum application submitted in one of the Member States and on the creation of the system "Eurodac"
agreed to the following provisions: art. 1-1. Confederation Swiss, hereinafter referred to as 'Switzerland', is associated with the activities of the European Community and the European Union in the areas covered by the provisions referred to in annexes A and B of this agreement, as well as ones that will make them more.
2 this agreement creates rights and obligations in accordance with the procedures provided.

Art. 2-1. Insofar as they apply to the Member States of the European Union, hereinafter referred to as 'Member States', the provisions of the Schengen acquis listed in Annex A to this agreement are implemented and enforced by the Switzerland.
2 insofar as they have replaced or developed the corresponding provisions of the convention of application of the agreement relating to the phase-out of checks at the common borders signed at Schengen on 19 June 1990, hereinafter referred to as "Convention implementing Schengen", or have been arrested thereunder, the provisions of the acts of the European Union and the European Community listed in Annex B to this agreement are implemented and enforced by the Switzerland.
3. without prejudice to art. 7, 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 laid down in this agreement have been applied, are also accepted, implemented and applied by the Switzerland.

Art. 3-1. There is created a Joint Committee composed of representatives of the Government of Switzerland, of the members of the Council of the European Union, hereinafter referred to as "Council", and the Commission of the European communities, hereinafter referred to as 'Commission '.
2. the Joint Committee shall adopt its rules of procedure by consensus.
3. the Joint Committee shall meet at the initiative of its president / Chair or at the request of one of its members.
4. subject to art. 4, by. 2, the mixed Committee meets at the level of Ministers, senior officials or experts, as needed.
5. the Chair of the Board is carried out:-at the level of experts: 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 Government of Switzerland.

Art. 4-1. In accordance with this agreement, the Joint Committee is seized of questions referred to in art. 2 and ensure that any concerns voiced by the Switzerland is duly taken into account.
2 in the mixed Committee meeting at the ministerial level, the representatives of the Switzerland have the possibility: - to expose the problems posed them a measure or a particular act or respond to the problems encountered by other delegations; - to express themselves on any questions on the development of provisions or their implementation.

3. meetings of the mixed Committee at ministerial level are prepared by the mixed Committee at the level of senior officials.
4. the representative of the Government of Switzerland has the ability to make suggestions in the mixed Committee relating to the matters referred to in art. 1. the Commission or a Member State may, after discussion, consider these suggestions to formulate a proposal or taking an initiative, in accordance with the rules of the European Union, for the purposes of the adoption of an act or action of the European Community or the European Union.

Art. 5. without prejudice to art. 4, the Joint Committee is informed of the preparation within the Council of any act or measure that could form part of this agreement.

Art. 6


The preparation of new legislation in a field covered by the present agreement, the Commission consults informally Swiss experts in the same way that it consult with experts of the Member States for the development of its proposals.

Art. 7-1. The adoption of new acts or measures related to matters referred to in art. 2 is reserved to the competent institutions of the European Union. Subject of the by. 2, such acts or measures come into force simultaneously for the European Union, the European Community and its Member States and Switzerland, except as otherwise explicitly provided in these. In this respect, it is considered duly requested by the Switzerland in the mixed Committee to enable it to meet its constitutional requirements.
2. a) the Council shall immediately notify the Switzerland the adoption of the acts or measures referred to the by. 1 to which the procedures laid down in this agreement have been applied. The Switzerland to pronounce on the acceptance of their content and the conversion in its internal legal order. This decision is notified to the Council and to the Commission within a period of 30 days after the adoption of the acts or measures concernes.b) if the content of the acts or measures referred to above cannot bind the Switzerland only after the fulfilment of constitutional requirements, the Switzerland informs the Council and the Commission in its notification. The Switzerland informs without delay and in writing the Council and the Commission of the fulfilment of all constitutional requirements. In the event that a referendum is not required, the notification takes place immediately at the end of the referendum period. If a referendum is required, the Switzerland has to make the notification, a period of two years from the notification of the Council. From the date set for the entry into force of the Act or measure with respect to the Switzerland and until it notifies the fulfilment of constitutional requirements, the Switzerland applies provisionally, there where it is possible, the content of the Act or measure in question.

If the Switzerland cannot provisionally apply the content of the Act or measure in question and that this State creates difficulties interferes with the operation of Schengen cooperation, the situation will be reviewed by the Joint Committee. The European Union and the European Community can take against Switzerland, proportionate and measures necessary to ensure the proper functioning of the Schengen cooperation.
3. the acceptance by the Switzerland of the content of acts and measures referred to the by. 2 creates rights and obligations between the Switzerland, on the one hand, and, according to the case, the European Union, the European Community and the Member States, to the extent where they are bound by those acts and measures, on the other 4. Where: has) the Switzerland notifies its decision not to accept the content of an act or measure referred to the by. 2, to which the procedures laid down in this agreement have been applied, forgotten the source) the Switzerland shall not give the notification within the period of thirty days referred to the by. 2, point (a) or in the by. (5, point (a), VHF) the Switzerland fails to notice after the expiry of the referendum period or, in case of a referendum, within the period of two years referred to the by. 2, point b), or does not proceed to the provisional application provided for in the same point from the date set for the entry into force of the Act or measure, this agreement ceases to be applicable, unless the Board, after carefully reviewing the means to maintain the agreement, decides otherwise within a period of 90 days. This agreement ceases to be applicable three months after the expiration of the period of 90 days.
5. a) if provisions of a new Act or a new measure have the effect of no longer allowing the Member States to submit to the conditions laid down in art. 51 of the Schengen application Convention execution of a request for mutual legal assistance in criminal matters or the recognition of a warrant of search and seizure of evidence emanating from another Member State, the Switzerland may notify to the Council and the Commission, within the period of 30 days mentioned in the by. 2, point (a), she will not accept nor will transpose the content of these provisions in its internal legal order, insofar as these apply to claims or warrants for search and seizure related to investigations or prosecutions of offences on direct taxation which, if they had been committed in Switzerland, would not punishable , according to Swiss law, with deprivation of freedom. In this case, the agreement does not cease to be applicable, contrary to the provisions of the by. (4.b) at the request of one of its members, the Joint Committee meets at the latest within two months following the request, and taking into account developments at the international level, discusses the situation resulting from the notification made in accordance with the point has).

As the Joint Committee is reached, unanimously, an agreement whereby the Switzerland accept and transpose fully the relevant provisions of the new Act or the new measure, the by. 2, item b), and by. 3 and 4 apply. The information to which it is made reference to the by. 2, item b), first sentence, will be provided within 30 days following the agreement reached in the Joint Committee.

Art. 8-1. For the purposes of the realization of the objective of the contracting parties to achieve an application and interpretation as uniform as possible of the provisions referred to in art. 2, the Joint Committee notes all the time evolution of the case law of the Court of justice of the European communities, hereinafter referred to as "Court of justice", as well as the evolution of the competent Swiss Court jurisprudence on these provisions. A mechanism to ensure regular mutual transmission of this jurisprudence is set up for this purpose 2. The Switzerland has the faculty to present briefs or written submissions to the Court of justice when a court in a Member State enters the Court of justice for a preliminary ruling concerning the interpretation of a provision referred to in art. 2 art. 9-1. Each year, the Switzerland shall report to the Joint Committee on the way in which its administrative authorities and their courts have applied and interpreted the provisions referred to in art. 2, as interpreted by the Court of justice case.
2. If, within a period of two months after receiving a substantial difference between the case law of the Court of justice and Swiss courts, or a substantial difference in the application of the provisions referred to in art. 2 between the authorities of the Member States concerned and those of Switzerland, the Joint Committee has not been able to ensure application and uniform interpretation, the procedure provided for by art. 10 is committed.

Art. 10-1. In case of dispute on the application of this agreement or when the situation provided for in art. 9, by. 2, arises, the issue is registered officially as a contentious point in the agenda of the mixed Committee meeting at the ministerial level.
2. the Joint Committee has 90 days from the date of the adoption of the order of the day in which the dispute was enrolled to set it.
3. in case the dispute cannot be settled by the mixed Committee within the period of 90 days referred to the by. 2, this period is extended to 30 days to reach a final settlement. Absence of such a final settlement, this agreement ceases to be applicable six months after the expiry of the period of thirty days.

Art. 11-1. With respect to administrative costs related to the application of this agreement, the Switzerland brings to the general budget of the European communities an annual contribution amounting to 7,286 amounting to 8% EUR 100 000, subject to an annual adjustment to the rate of inflation within the Union European.
2. with regard to the system of Information Schengen II development costs, the Switzerland brings to the general budget of the European communities, in accordance with its gross domestic product compared to the GDP of all participating countries, contributing for the fiscal years are related, and this from fiscal year 2002.
Contribution covering the fiscal years preceding the entry into force of this agreement is due at the time of the entry into force.
3. when operating costs related to the application of this agreement are not chargeable to the general budget of the European communities but are directly the responsibility of the participating Member States, the Switzerland contributes to these fees in proportion to the percentage of its gross domestic product gross domestic product of all of the participating countries.
If operating costs are chargeable to the general budget of the European communities, the Switzerland provides budget audit annual contribution in proportion to the percentage of its gross domestic product gross domestic product of all of the participating countries.

4. the Switzerland has the right to receive documents related to this agreement established by the Commission or the Council, and meetings of the Joint Committee, to request interpretation into an official language of the institutions of the European communities of their choice.

Art. 12-1. This agreement will not affect the agreements between the European Community and Switzerland, as well as the agreements between the European Community and its Member States, on the one hand, and Switzerland, on the other 2. This agreement does not affect agreements linking Switzerland, on the one hand, and one or more Member States, on the other hand, insofar as they are compatible with this agreement. In the event of inconsistency between these agreements and this agreement, the latter shall prevail.
3. this agreement does not affect agreements which may be concluded in the future by the European Community with the Switzerland, as well as the agreements concluded between the European Community and its Member States, on one hand, and Switzerland, on the other hand, or agreements that may be concluded on the basis of the art. 24 and 38 of the Treaty on European Union.

Art. 13-1. The Switzerland will enter into an agreement with the Kingdom of Denmark on the establishment of rights and obligations between the Denmark and the Switzerland relating to the provisions referred to in art. 2 that fall under Title IV of the Treaty establishing the European Community, and to which, therefore, applies the Protocol on the position of the Denmark annexed to the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community.
2. the Switzerland will enter into an agreement with the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations under their respective associations to the implementation, application and development of the Schengen acquis.

RS 0.362.33 RS 0.362.32 art. 14-1. This agreement comes into force one month after the date on which the Secretary-General of the Council, in his capacity as depositary, has found that all the conditions of form on the expression of consent by the parties to this agreement, or on behalf of, to be linked agreement have been met.
2. the art. 1, 3, 4, 5, 6 and 7, by. 2, point (a), first sentence, shall apply provisionally from the date of signature of this agreement.
3. with respect to acts or measures adopted after the signature, of this agreement but before its entry into force the thirty day period referred to in art. 7, by. 2, point (a), last sentence, begins on the day of the entry into force of this agreement.

Art. 15-1. The provisions referred to in annexes A and B, as well as those already adopted pursuant to art. 2, by. 3, are implemented by the Switzerland at a date to be fixed by the Council acting by unanimity of its members representing the Governments of the Member States which apply all the provisions referred to in annexes A and B, after consultation within the Joint Committee and after making sure that the Switzerland has fulfilled the prerequisites for the implementation of the relevant provisions and that controls at its external borders are effective.
The members of the Council representing the Governments of the Ireland and the United Kingdom of Great Britain and Northern Ireland participate in the decision-making to the extent where it relates to the provisions of the Schengen acquis and the acts based on it or which relate, in which these Member States participate.
The members of the Council representing the Governments of States for which, in accordance with the Treaty of accession, only a part of the provisions referred to in annexes A and B is applicable, participate in decision-making of this decision insofar as it relates to the provisions of the Schengen acquis that are already applicable in their regard.
2. the implementation of the provisions in the by. 1 creates rights and obligations between the Switzerland, on the one hand, and, according to the case, the European Union, the European Community and the Member States, to the extent where they are bound by these provisions, on the other 3. This agreement is applied only if the agreements referred to in art. 13 are also implemented.
4. in addition, this agreement is applied if the agreement between the European Community and the Switzerland relating to the criteria and mechanisms for determining the State responsible for the examination of an application for asylum in a Member State or in Switzerland is also implemented.

Art. 16-1. The Liechtenstein may accede to this agreement.
2. the membership of the Liechtenstein will be the subject of a protocol to this agreement, establishing all the consequences of such membership, including the establishment of rights and obligations between the Liechtenstein and Switzerland, as well as between Liechtenstein, on the one hand, and the Union European, the community and the Member States, insofar as they are bound by the provisions of the Schengen acquis on the other hand.

Art. 17-1. The present agreement may be denounced by the Switzerland or by decision of the Council acting by unanimity of its members. This termination shall be notified to the depositary and shall take effect six months after notification.
2. the present agreement is considered to be denounced if the Switzerland denounces one of the agreements referred to in art. 13 or the agreement referred to in art. 15, by. 4 art. 18-1. This agreement is drafted in duplicate in the languages 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. She will also be faith, in the same way as the languages referred to the by. 1. in faith, the undersigned Plenipotentiaries have affixed their signatures at the bottom of this agreement.
Done at Luxembourg, 26 October 2004.

Annex A (art. 2, para. 1) part 1 of this annex for the 1985 Schengen Agreement and the Convention implementing that agreement signed in Schengen on 19 June 1990, part 2, the instruments of accession, and part 3, relevant secondary Schengen acts.

Part 1 the provisions of the agreement signed in Schengen on 14 June 1985 between the Governments of the States of the Union economic Benelux, the Federal Republic of Germany and the French Republic on the gradual removal of controls at common borders.
All the provisions of the Convention implementing the Schengen agreement of 14 June 1985, signed at 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: art. 2, by. 4, relative to controls of goods art. 4 to the extent where controls on baggage are concerned art. 10, by. 2 art. 19, by. 2 art. 28 to 38 and definitions y related art. 60 art. 70 art. 74 art. 77 to 91 to the extent where they are covered by the 91/477/EEC Council directive of 18 June 1991 on control of the acquisition and possession of weapons art. 120 to 125 relating to the movement of goods art. 131 to 133 art. 134 art. 139 to 142 final act: declaration 2 final act: declarations 4, 5 and 6 minutes Joint Declaration Declaration by the Ministers and Secretaries of State part 2 the provisions of the instruments of accession to the agreement and the Schengen 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 1996), with the exception of the following provisions: 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 States of the Economic Union Benelux the Federal Republic of Germany and the French Republic relating to the phase-out of checks at the 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 implementing the Schengen agreement of 14 June 1985 between the Governments of the Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders, signed in Schengen on 19 June 1990 his final act and the declarations are related: art. 1 art. 5 and 6 final act final act I, part II, declarations 2 and 3 Declaration by the 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 States of the Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders signed at Schengen on 14 June 1985, as amended by the Protocol of accession of the Government of the Italian Republic signed at Paris on 27 November 1990 , and the declarations attached to this Protocole.4. The following provisions of the agreement signed in Bonn on 25 June 1991, on accession of the Kingdom of Spain to the Convention implementing the Schengen agreement of 14 June 1985 between the Governments of the Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders, signed in Schengen on 19 June 1990 , which joined the Italian Republic under the agreement signed in Paris on 27 November 1990, its final act and the declarations are related: art. 1 art. 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 the Ministers and Secretaries of State 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 Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders signed at Schengen on 14 June 1985, as amended by the Protocol of accession of the Government of the Italian Republic signed at Paris on 27 November 1990 , and the declarations attached to this Protocole.6. The following provisions of the agreement, signed in Bonn on 25 June 1991, on accession of the Portuguese Republic to the Convention implementing the Schengen agreement of 14 June 1985 between the Governments of the Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders, signed in Schengen on 19 June 1990 , which joined the Italian Republic under the agreement signed in Paris on 27 November 1990, its final act and the declarations are related: art. 1 art. 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 of Ministers and Secretaries of State 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 Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders signed at Schengen on 14 June 1985, as amended by the protocols of accession of the Government of the Italian Republic signed at Paris on 27 November 1990 and the Governments of the Kingdom of Spain and the Portuguese Republic, signed in Bonn on 25 June 1991, and the declarations attached to this Protocole.8. The following provisions of the agreement, signed in Madrid on 6 November 1992, on accession of the Hellenic Republic to the Convention implementing the Schengen agreement of 14 June 1985 between the Governments of the Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders, signed in Schengen on 19 June 1990 , which have joined the Republic of Italy by the agreement signed at Paris on 27 November 1990 and the Kingdom of Spain and the Portuguese Republic under the agreements signed at Bonn on 25 June 1991, its final act and the declarations are related: art. 1 art. 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 of the Ministers and Secretaries of State 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 Economic Union Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders signed at Schengen on 14 June 1985, as amended by the protocols of accession of the Government of the Italian Republic the Governments of the Kingdom of Spain and the Portuguese Republic and the Government of the Hellenic Republic, signed on 27 November 1990, 25 June 1991 and on 6 November 1992.10. The following provisions of the agreement, signed in Brussels on 28 April 1995, on accession of the Republic of Austria to the Convention implementing the Schengen agreement of 14 June 1985 between the Governments of the States of the Union Benelux Economic, of the Federal Republic of Germany and the French Republic on the gradual abolition of controls at common borders signed at Schengen on 19 June 1990 , which have joined the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic by agreements respectively signed on 27 November 1990, 25 June 1991 and on 6 November 1992, and its final act: art. 1 art. 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 controls at common borders signed at Schengen on 14 June 1985, as well as the declaration attached to this Protocole.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 phasing of controls at common borders, signed in Schengen on 19 June 1990, and its final and statements Act y related: art. 1 art. 7 and 8 final act, part I final act, part II, declaration 2 final act, part III, Declaration by the Ministers and Secretaries of State 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 removal of checks at the common borders signed at Schengen on 14 June 1985, as well as the declaration attached to this Protocole.14. The 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 phasing of controls at common borders, signed in Schengen on 19 June 1990, of his final as well as the statement y related: art. 1 art. 6 and 7 final act, part I final act, part II, declaration 2 final act, part III, except the declaration on the åland Declaration by the Ministers and Secretaries of State 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 removal of checks at the common borders signed at Schengen on 14 June 1985, and the declaration attached to this Protocole.16. The 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 phasing of controls at common borders, signed in Schengen on 19 June 1990, of his final as well as the statement y related: art. 1 art. 6 and 7 final act, part I final act, part II, declaration 2 final act, part III, Declaration by the Ministers and State Secretaries part 3 a. The following decisions of the Executive Committee: SCH/Com-ex (93) 10 14.12.1993 Confirmation of statements by the Ministers and Secretaries of State, as of June 19, 1992 and 30 June 1993, relating to the coming into force SCH/Com-ex (93) 14 14.12.1993 improvement in the practice of judicial cooperation in the fight against drug trafficking SCH/Com-ex (93) 21 14.12.1993 extension of the uniform visa SCH/Com-ex (93) 24 14.12.1993 common principles for the cancellation , the repeal and the reduction of the period of validity of the uniform visa SCH/Com-ex (94) 1 rev. 2 26.4.1994 adaptation measures to remove the obstacles and restrictions on traffic at road crossing points at internal borders SCH/Com-ex (94) 15 rev. 21.11.1994 establishing a computerised procedure for consulting the central authorities referred to in art. 17, by. 2, of the Convention SCH/Com-ex (94) 16 rev. 21.11.1994 acquisition of common stamps of entry and exit SCH/Com-ex (94) 17 rev. 4 22.12.1994 introduction and application of the Schengen system at airports and aerodromes SCH/Com-ex (94) 25 22.12.1994 exchange of statistical information on the issuing of uniform visas SCH/Com-ex (94) 28 rev. 22.12.1994 certificate provided for in art. 75 for the transport of narcotics and psychotropic substances SCH/Com-ex (94) 29 rev. 2 22.12.1994 coming into force of the Convention implementing the Schengen agreement of 19 June 1990 SCH/Com-ex (95) PV 1 rev. (point n ° 8)

Common policy on visas SCH/Com-ex (95) 20 rev. 2 20.12.1995


Approval of the document SCH/I (95) 40 rev. 6 concerning the procedure for the application of art. 2, by. 2, of the Convention SCH/Com-ex (95) 21 20.12.1995 quick exchange between the Schengen States of statistical and specific on possible malfunctions at the external borders SCH/Com-ex (96) 13 rev. 27.6.1996 principles for issuing Schengen visas in relation to art. 30, by. 1, point (a) of the Convention of application of agreement of Schengen SCH/Com-ex (97) 39 rev. 15.12.1997 guidelines for evidence and clues within the framework of readmission between the States Schengen SCH/Com-ex (98) 1 rev. 2 21.4.1998 report of activity of the Task Force SCH/Com-ex (98) 12 21.4.1998 exchange of statistics on issued visas SCH/Com-ex (98) 18 rev. 23.6.1998 measures to be taken against States that pose problems to the issue of documents for expulsion from the Schengen territory Readmission - Visa SCH/Com-ex (98) 19 23.6.1998 Monaco Visa - External Borders - SIS SCH/Com-ex (98) 21 23.6.1998 stamping in the passports of applicants Visa SCH/Com-ex (98) 26 def of 16.9.1998 Creation of the Permanent Commission of evaluation and application of the of Convention Schengen SCH/Com-ex (98) 29 rev. 23.6.1998 broom clause covering the whole of the technical achievements of Schengen SCH/Com-ex (98) 35 rev. 2 16.9.1998 transmission of the common manual on the candidates for accession to the EU SCH/Com-ex (98) 37 def 2 27.10.1998 Adoption of measures to fight illegal immigration SCH/Com-ex (98) 51 rev. 3 16.12.1998 cross-border police cooperation in prevention and research of punishable SCH/Com-ex (98) 52 16.12.1998 Memento of cooperation police cross-border SCH/Com-ex (98) 56 16.12.1998 manual documents that can be clothed in a visa SCH/Com-ex (98) 57 16.12.1998 Introduction of a form harmonized statements of invitation, commitments statements of support or certificates of welcome SCH/Com-ex (98) 59 rev. 16.12.1998 coordinated response of advisers documents SCH/Com-ex (99) 1 rev. 2 28.4.1999 Schengen standards in the field of narcotics SCH/Com-ex (99) 5 28.4.1999 update of the manual Mermaid SCH/Com-ex (99) 6 28.4.1999 Acquis in the field of telecommunications SCH/Com-ex (99) 7 rev. 2 28.4.1999 officials link SCH/Com-ex (99) 8 rev. 2 28.4.1999 compensation of informants and indicators SCH/Com-ex (99) 10 28.4.1999 illicit trafficking of arms SCH/Com-ex (99) 13 28.4.1999 Adoption of new versions of the common manual and Instruction consular commune and repeal of previous versions SCH/Com-ex (99) 14 28.4.1999 manual documents that can be clothed in a visa SCH/Com-ex (99) 18 28.4.1999 improvement of police cooperation in prevention and research of punishable B. The following declarations of the Executive Committee: statement object SCH/Com-ex (96) VAT statement. 5 18.4.1996 definition of the concept of 'foreign' SCH/Com-ex (96) VAT statement. 6 rev. 2 26.6.1996 statement regarding extradition SCH/Com-ex (97) VAT statement. 13 rev. 2 9.2.1998 abduction of a minor C. The following decisions of the central group: Decision object SCH/C (98) 117 27.10.1998 Adoption of measures to fight against illegal immigration SCH/C (99) 25 22.3.1999 general principles for the remuneration of informants and state indicators on December 12, 2008 Appendix B (art. 2, para. 2) the Switzerland will apply the content of the following acts from the date fixed by the Council in accordance with art. 15. If at this date a Convention or a protocol under an Act marked below with an asterisk has not yet entered into force for all Member States of the European Union at the time of the adoption of the Act concerned, the Switzerland will apply the content of the relevant provisions of these instruments as from the date when the Convention or the Protocol in question is in effect for all of those Member States.
Directive 91/477/EEC of the Council of 18 June 1991 on control of the acquisition and possession of weapons (JO L 256 of the 13.9.1991, p. 51) and recommendation 93/216/EEC of the Commission of 25 February 1993 on the European map of firearms (OJ L 93 of the 17.4.1993, p. 39), amended by 96/129/EC the Commission recommendation of 12 January 1996 (OJ L 30 of the 8.2.1996 (, p. 47) Regulation (EC) No 1683/95 of the Council of 29 May 1995 establishing a model type of visa (JO L 164 of the 14.7.1995, p. 1), amended by Regulation (EC) n 334/2002 of the Council of 18 February 2002 (OJ L 53 of 23.2.2002, p. 7); the Commission decision of 7 February 1996 and the Commission decision of 3 June 2002 laying down further technical specifications for the model type of visa (unpublished) 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 treatment of data of a personal nature and to the free movement of such data (OJ L 281 of 23.11.1995 the (, p. 31) Act of the Council of 29 May 2000 establishing in accordance with art. 34 of the Treaty on European Union, the convention on mutual legal assistance in criminal matters between the Member States of the European Union [provisions referred to in art. 2, para. 1, of the convention] (OJ C 197 of the 12.7.2000, p. 1) * Decision 2000/586/JHA of the Council of 28 September 2000 establishing a procedure for the amendment of art. 40, by. 4 and 5, art. 41, by. 7, and art. 65, by. 2, of the convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of controls at the common external borders (JO L 248 of the 3.10.2000, p. 1) 2000/645/EC Council Decision of 17 October 2000 on correction of the Schengen acquis contained in decision SCH/Com-ex (94) 15 rev. the Committee Executive of Schengen (OJ L 272 of the 25.10.2000, p. 24) Regulation (EC) n 539/2001 of the Council of 15 March 2001 establishing the list of third countries whose nationals are subject to the visa requirement to cross the borders of the Member States and the list of those whose nationals are exempt from that requirement (OJ L 81 of 21.3.2001 the (, p. 1), amended by Regulation (EC) n 2414/2001 of the Council of 7 December 2001 (OJ L 327 of the 12.12.2001, p. 1) and Regulation (EC) n 453/2003 of the Council of 6 March 2003 (OJ L 69 of the 13.3.2003, p. 10) 2001/329/EC Council Decision of 24 April 2001 relating to update part VI and annexes 3 ((, 6 and 13 and annexes 5 a common consular instructions), 6a) and 8 to the common manual (OJ L 116 of the 26.4.2001, p. 32) Regulation (EC) no 1091/2001 of the Council of 28 May 2001 on free movement with a long-stay visa (OJ L 150 of the 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 annex 13 of the Common Consular Instructions as well as Appendix 6) of the common manual for the case of long stay visas with value concomitant visa short stay (OJ L 150 of the 6.6.2001, p. 47) Directive 2001/40/EC of the Council of 28 May 2001 on the mutual recognition of expulsion decisions of nationals from third countries (OJ L 149 of the 2.6.2001, p. 34) and decision 2004/191/EC of the Council of 23 February 2004 setting out the criteria and practical arrangements of the the compensation of financial imbalances resulting from the application of the directive 2001/40/EC on mutual recognition of expulsion decisions of nationals of third countries (OJ L 60 of the 27.2.2004, p. 55) Directive 2001/51/EC of the Council of 28 June 2001 supplementing the provisions of art. 26 of the convention implementing the Schengen agreement of June 14, 1985 (OJ L 187 of the 10.7.2001, p. 45) Council Act of 16 October 2001 establishing, in accordance with art. 34 of the Treaty on European Union, the Protocol to the convention on mutual legal assistance in criminal matters between the Member States of the European Union (OJ C 326 of the 21.11.2001, p. 1) [provision mentioned in article 15 of the Protocol] * Regulation (EC) n. 2424/2001 of the Council of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328 of the 13.12.2001 (, p. 4) Decision 2001/886/JHA of the Council of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328 of the 13.12.2001, p. 1) Decision 2002/44/EC of the Council of 20 December 2001 amending part VII and annex 12 to the common consular instructions as well as Annex 14a of the common manual (OJ L 20 of the 23.1.2002 (, p. 5) Regulation (EC) n 333/2002 of the Council of 18 February 2002 establishing a uniform model of slip for affixing a visa issued by Member States to holders of a travel document not recognised by the Member State which establishes the form (OJ L 53 of the 23.2.2002, p. 4) and the Commission decision of 12 August 2002 laying down further technical specifications for the uniform format for sheet for affixing a visa issued by Member States to the holders of a travel document not recognised by the Member State which establishes the slip (unpublished) Decision 2002/352/EC of the Council of 25 April 2002 on the revision of the common manual (OJ L 123 of the 9.5.2002, p. 47) Decision 2002/354/EC of the Council of 25 April 2002 on the adaptation of part III and the creation of an annex 16 to the common consular instructions (OJ L 123 of the 9.5.2002 p. 50)

Regulation (EC) No 1030/2002 of the Council of 13 June 2002 establishing a uniform format of residence permit for nationals of third countries (OJ L 157 of the 15.6.2002, p. 1) and decision of the Commission of 14 August 2002 laying down further technical specifications for the uniform format of residence permit for nationals of third countries (unpublished) Decision 2002/585/EC of the Council of 12 July 2002 on the adaptation of parts III and VIII of the common consular instructions (OJ L 187 of the 16.7.2002, p. 44) Decision 2002/586/EC of the Council of 12 July 2002 on the adaptation of part VI of the common consular instructions (OJ L 187 of the 16.7.2002, p. 48) Decision 2002/587/EC of the Council of 12 July 2002 on the revision of the common manual (OJ L 187 of the 16.7.2002, p. 50) Framework Decision 2002/946 / JHA of the Council of 28 November 2002 to strengthen the penal framework for the Suppression of aid at the entrance, to the transit and irregular residence (OJ L 328 of the 5.12.2002, p. 1) Directive 2002/90/EC of the Council of 28 November 2002 defining the help at the entrance and transit of irregular residence (OJ L 328 of the 5.12.2002, p. 17) Regulation (EC) no 415/2003 of the Council of 27 February 2003 on the issue of visas at the border including to seamen in transit (OJ L 64 of the 7.3.2003, p. 1) the provisions of the convention of 1995 on simplified extradition procedure between the Member States of the European Union (OJ C 78 of the 30.3.1995, p. 2) and the convention of 1996 relating to extradition between the Member States of the European Union (OJ C 313 of 23.10.1996 the (, p. 12) referred to in decision 2003/169/JHA of the Council of 27 February 2003 determining the provisions of the convention of 1995 on the procedure simplified extradition between Member States of the European Union and the convention of 1996 relating to extradition between the Member States of the European Union, which are a development of the Schengen acquis in accordance with the agreement on the association of the Republic of Iceland and the Kingdom of Norway to the application , the implementation and development of the Schengen (OJ L 67 of the 12.3.2003, p. 25) * Decision 2003/170/JHA of the Council of 27 February 2003 on the common use of liaison officers seconded by the law enforcement authorities of the Member States [except art. 8] (OJ L 67 of the 12.3.2003, p. 27) Regulation (EC) No 693/2003 of the Council of 14 April 2003 establishing a document facilitating transit (DFT) and a document facilitating rail transit) DFTF) and amending the common consular instructions and the common manual (OJ L 99 of the 17.4.2003, p. 8) Regulation (EC) no 694/2003 of the Council of 14 April 2003 establishing uniform templates for 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 the (, p. 15) Decision 2003/454/EC of the Council of 13 June 2003 amending Annex 12 of the common consular instructions and Annex 14a to the common manual with regard to the fees for visas (OJ L 152 of the 20.6.2003, p. 82) Regulation (EC) no 1295/2003 of the Council of 15 July 2003 relating to measures to facilitate the application and procedures for visa for members of the Olympic family taking part to the Olympics/Paralympics 2004 in Athens (JO L 183 of the 22.7.2003, p. 1) 2003/585/EC Council Decision of 28 July 2003 on the amendment of annex 2, inventory A, common consular instructions as well as of annex 5, or inventory A, to the common manual with regard to the visa requirements for holders of Pakistani diplomatic passports (OJ L 198 of the 6.8.2003 (, p. 13) Decision 2003/586/EC of the Council of 28 July 2003 on the amendment of annex 3, part I, the common consular instructions as well as of annex 5, part I, of the common manual with regard to the nationals of third countries subject to the airport transit visa (OJ L 198 of the 6.8.2003, p. 15) Decision 2003/725/JHA of the Council of 2 October 2003 amending the provisions of art. 40, by. 1 and 7, of the convention implementing the Schengen agreement of 14 June 1985 on the phasing of controls at common borders (OJ L 260 of the 11.10.2003, p. 37) Directive 2003/110/EC of the Council of 25 November 2003 on assistance to transit by measures of removal by air (OJ L 321 of the 6.12.2003, p. 26) Decision 2004/14 / EC of the Council of 22 December 2003 amending the third subparagraph (basic criteria for) the introduction of demand) of part V of the common consular instructions (OJ L 5 of the 9.1.2004, p. 74) Decision 2004/15/EC of the Council of 22 December 2003 amending point 1.2 of part II of the common consular instructions and establishing a new annex to these instructions (OJ L 5 of the 9.1.2004, p. 76) Decision 2004/17/EC of the Council of 22 December 2003 amending part V point 1.4, the common consular instructions and part I, point 4.1.2 of the common manual to include insurance in travel in the supporting documents required for obtaining the uniform visa (OJ L 5 of the 9.1.2004, p. 79) Regulation (EC) No 377/2004 of the Council of 19 February 2004 on the establishment of a network of liaison officers 'Immigration' (OJ L 64 of 2.3.2004 the (, p. 1) Decision 2004/466 / EC of the Council of 29 April 2004 amending the common manual in order to include a provision concerning the border controls on accompanied minors (OJ L 157 of the 30.4.2004, p. 136) Corrigendum to decision 2004/466/EC of the Council of 29 April 2004 amending the common manual in order to include a provision concerning the border controls on accompanied minors (OJ L 195 of 2.6.2004 the (, p. 44) Regulation (EC) no 871/2004 of the Council of 29 April 2004 on the allocation of some features in the Schengen information system, including in the fight against terrorism (OJ L 162 of the 30.4.2004, p. 29) Directive 2004/82 / EC of the Council of 29 April 2004 on the obligation of carriers to communicate data relating to passengers (JO L 261 of 6.8.2004 the (, p. 24) Decision 2004/573/EC of the Council of 29 April 2004 on the organisation of joint flights for the removal, from the territory of two Member States or more, nationals of third countries subject to deportation in the territory of two Member States or more (JO L 261 of the 6.8.2004, p. 28) Decision 2004/574 / EC of the Council of 29 April 2004 amending the common manual (OJ L 261 of 6.8.2004 the (, p. 36) Decision 2004/581/EC of the Council of 29 April 2004 fixing the minimum amount of information to be included on the signs at the crossing points of the external borders (JO L 261 of the 6.8.2004, p. 119) Decision 2004/512 / EC of the Council of 8 June 2004 establishing the information system on visas (VIS) (OJ L 213 of the 15.6.2004 (, p. 5) final act the Plenipotentiaries have adopted the joint declarations mentioned below and attached to this final act: 1. Joint Declaration of the contracting parties on the parliamentary consultation; 2. Joint Declaration of the contracting parties concerning relationships external; 3. Joint Declaration of the contracting parties on the art. 23, by. 7, of the Convention of 29 May 2000 on mutual legal assistance in criminal matters between the Member States of the European Union.

Deputies have also taken note of the declarations mentioned below and attached to this final act: 1. statement of Switzerland on mutual legal assistance in criminal matters; 2. Statement of the law on art Switzerland. 7, by. 2, item b), the period of acceptance of new developments of the Schengen acquis; 3. Declaration by Switzerland on the application of the European Convention on mutual assistance in criminal matters and the European Convention of extradition; 4. Statement by the Commission European on the transmission of proposals; 5. Statement by the European Commission on the committees that assist the European Commission in the exercise of its executive powers.

Done at Luxembourg, 26 October 2004.

State on December 12, 2008 Joint Declarations of the contracting parties of the Joint Declaration by the contracting parties on the parliamentary consultation the contracting parties consider it appropriate that questions relating to this agreement are discussed at the Parliament European-Switzerland interparliamentary meetings.

Joint Declaration by the contracting parties concerning external relations, the contracting parties agree that the European Community is committed to encourage third States or international organisations with which it concludes agreements in a field related to the Schengen cooperation to conclude similar agreements with the Swiss Confederation, without prejudice to the competence to conclude such agreements.

Joint Declaration of the contracting parties on the art. 23, by. 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 the Switzerland may, subject to the provisions of art. 23, by. 1, point c) of the Convention on mutual assistance in criminal cases between States members of the European Union, depending on the individual case, require that, unless the Member State concerned has obtained the consent of the person concerned, the personal data can be used for the purposes referred to in art. 23, by. 1, a) and (b), of this convention with the prior agreement of the Switzerland in the proceedings for which she could deny or limit the transmission or the use of data of a personal nature in accordance with the provisions of this convention or the instruments referred to in art. 1 of it.
If, in a case, the Switzerland refuses to give consent, the request of a Member State in application of the above provisions, it must justify its decision in writing.

Other statements statement of Switzerland on mutual legal assistance in criminal matters the Switzerland ruled that tax offences in the field of direct taxation, pursued by Swiss authorities, cannot give place, at the time of the entry into force of this agreement, to an action before a competent court, including criminal.

Statement of the law on art Switzerland. 7, by. 2, point b, on the time limit for acceptance of new developments of the Schengen acquis the maximum period of two years in art. 7, by. 2, item b), covers both the approval that the implementation of the Act or measure. It includes the following phases: the preparatory phase — — parliamentary procedure, - the referendum period (100 days of the official publication of the Act) and, if applicable, - the referendum (organisation and voting).

The federal Council shall immediately inform the Council and the Commission of the fulfilment of each of these phases.
The federal Council is committed to implement all means at its disposal to ensure that the above-mentioned phases take place as quickly as possible.

Statement of the Switzerland on the application of the European Convention on mutual assistance in criminal matters and the European Convention of extradition the Switzerland agrees to give up to make use of its reserves and statements accompanying the ratification of the European Convention on extradition of 13 December 1957 and the European Convention on mutual legal assistance of 20 April 1959 as incompatible with this agreement.

Statement of the European Commission on the transmission of the proposals when it transmits to the Council of the European Union and the European Parliament of the proposals relating to this agreement, the Commission shall forward copies to the Switzerland.

Statement by the European Commission on the committees that assist the European Commission in the exercise of its executive powers was present, in addition to the Committee established by art. 31 of 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 treatment of the 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 set up by art. 6 of Regulation (EC) n 1683/95 of the Council of 29 May 1995 establishing a model type of visa ("visa Committee") and - the Committee set up by art. 5 of the Council decision of 6 December 2001 (2001/886/JHA) and art. 5 of Regulation (EC) n. 2424/2001 of 6 December 2001 Council, the two instruments referring to the development of the second generation Schengen information system (SIS II) ("SIS II Committee").

Agreed minutes of the negotiations on the agreement between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis delegations participating in the negotiations of the agreement - report about the art. 7, by. 2, point b quedes contacts direct between the general Secretariat of the Council and the Swiss community Mission and regular European will be established to hold the Switzerland abreast of the State of the procedures for the adoption of the acts and measures relevant to the European Union, in order to allow Switzerland to begin as quickly as possible its process of resumption of the development of the acquis;
-note regarding Annex B, directive 91/477/EEC of the Council, of 18 June 1991, on control of the acquisition and possession of weapons as the directive referred to above does not apply to the acquisition and detention, national law, weapons and ammunition by the armed forces. The Swiss current system loan of military weapons in volunteers from the young shooters courses, loan of military weapons during the obligation to serve so that transfer of the weapon of order (service pistol), once transformed into a semi-automatic firearm, to personnel who leave the army, falls within this exception and, therefore, is not affected by the Schengen acquis , but is regulated by the relevant Swiss legislation;
-take note about Eurojust and the judicial network European interest to develop the possibility of cooperation of the Switzerland in the work of Eurojust and, if possible, the European judicial network.

Declarations and communications of the Switzerland relating to the agreement between the Swiss Confederation and the European Union, the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis - Declaration concerning art. 55, by. 1 and 2, CAAS (exceptions to the application of the principle "no double jeopardy"); - Communication art. 57, per. 3, CAAS (competent authority to provide the information about the binding judgments);-statement about art. 3, by. 1 and art. 6, by. 6 in connection with art. 24, by. 1, let. a and d of the agreement on mutual legal assistance of EU (competent administrative authorities to pursue violations of the regulations); - statement about art. 6 and art. 6, by. 8 in connection with art. 24, by. 1, let. b of the Convention on mutual legal assistance of EU (competent central authority for the transmission of requests for mutual legal assistance);-statement about art. 6, by. 5 in conjunction with art. 24, by. 1, let. c of the Convention on mutual legal assistance of the EU (police and customs authorities competent for the use of controlled deliveries); - statement about art. 6, by. 3 of the Convention for the extradition of the EU (restriction to extradition on tax offences);-the art Communication. 13, by. 2 of the Convention for the extradition of the EU (central authority to present and receive requests for extradition); - statement about art. 7, by. 4 of the Convention of simplified extradition EU (revocation of consent to the extradition according to the simplified procedure and the waiver of the benefit of the rule of speciality); - statement about art. 9 in conjunction with art. 13 of the Convention of simplified extradition EU (waiver of the benefit of the rule of speciality); - statement about art. 12, by. 3 of the Convention of simplified extradition EU (extradition according to the simplified procedure in the event of consent given by the person concerned after the expiry of the period or other circumstances); - statement about art. 15 of the Convention of simplified extradition EU (competent authority for the implementation of detention of a person who has been the subject of an extradition request as well as for the execution of the transit).-statement of the law on art Switzerland. 41, by. 9, of the Convention of application of the agreement of Schengen (CAAS) statement on art. 55, by. 1 and 2, CAAS in accordance with art. 55, by. 1 and 2, CAAS, Swiss Confederation declares that it is not bound by art. 54 CISA, in the following cases:-when the circumstances covered by the foreign judgment took place either in whole, or in part within its territory; in the latter case, this exception does however not apply if those facts took place partly in the territory of the Contracting Party where the judgment was made;-when the circumstances covered by the foreign judgment constitute an offence against the security or other essential interests of the Switzerland; or - when the circumstances covered by the foreign judgment were committed by an official of the Swiss Confederation, in breach of the duties of his office.

By facts constituting an offence against the security or other essential interests of the Switzerland, including means:-the crimes or offences against the State and national defence (art. 265 at 278 of the Swiss Criminal Code of 21 December 1937; RS 311.0); - offences against national defence and against the defensive power of the country (art. 86 to 107 of the Swiss military penal Code of 13 June 1927; RS 321.0).

Communication on the art. 57, per. 3, CAAS


In accordance with art. 57, per. 3, CAAS, Swiss Confederation declares that the federal Office of justice of the federal Department of justice and police as well as the authorities of criminal justice of the Confederation and the cantons are competent to provide information within the meaning of art. 57, per. 1, CAAS and ask the planned information audit section.

Statement on art. 3, by. 1 and art. 6, by. 6 in connection with art. 24, by. 1, let. a and d of the agreement on mutual legal assistance of the EU in accordance with art. 24 of the Convention on mutual legal assistance of the EU, the Swiss Confederation States that are considered to be Swiss administrative authorities within the meaning of art. 3, by. 1 and art. 6, by. 6 of the Convention on mutual legal assistance of the EU, the administrative services of the Confederation and the cantons which, by virtue of the federal or cantonal law, can pursue offences and who are entitled, when the investigation is complete, to request the opening of legal proceedings that could lead to a criminal conviction.

Statement on art. 6 and art. 6, by. 8 in connection with art. 24, by. let 1B of the Convention on mutual legal assistance of the EU in accordance with art. 24 of the Convention on mutual legal assistance of the EU, the Swiss Government declares that the federal Office of justice of the federal Department of justice and police is the central authority for the purposes of art. 6 of the Convention on mutual legal assistance of the EU as well as the competent authority for the processing of applications within the meaning of art. 6, by. 8 of the Convention on mutual legal assistance of the EU.

Statement on art. 6, by. 5 in conjunction with art. 24, by. 1, let. c of the Convention on mutual legal assistance of the EU in accordance with art. 24 in conjunction with art. 6, by. 5 of the Convention on mutual legal assistance of the EU, the Swiss Government declares that the following authorities are competent for the execution of applications on the basis of art. 12 of the Convention on mutual legal assistance of the EU: - the Confederation prosecution authorities; - the prosecution authorities of the canton on whose territory the transport begins.

Statement on art. 6, by. 3 of the Convention for the extradition of the EU in accordance with art. 6, by. 3 of the Convention for the extradition of the EU, the Swiss Government declares that it will grant extradition on the basis of a tax offence for facts which may constitute an offence Excise, value-added or customs tax.

Communication on the art. 13, by. 2 of the Convention for the extradition of the EU in accordance with art. 13, by. 1 and 2 of the Convention for the extradition of the EU, the Swiss Confederation declares that the federal Office of justice of the federal Department of justice and police is the competent central authority in extradition cases.

Statement on art. 7, by. 4 of the Convention of extradition simplified EU in accordance with art. 7, by. 4 simplified EU, Swiss extradition agreement declares that the person concerned may revoke its consent to the extradition according to the simplified procedure, its waiver of the benefit of the rule of speciality, in accordance with the provisions of Swiss law in force, as long as the federal Office of justice of the federal Department of justice and police has not authorized the delivery of that person.

Statement on art. 9 in conjunction with art. 13 of the agreement on extradition simplified EU in accordance with art. 9 in conjunction with art. 13 of the Convention for extradition simplified EU, Swiss Confederation declares that art. 14 and 15 of the European Convention on extradition shall not apply when the person concerned, in accordance with art. 7 of the Convention on simplified extradition of EU, consent to simplified extradition and expressly waive the benefit of the rule of specialty.

Statement on art. 12, by. 3 of the Convention for extradition simplified EU in accordance with art. 12, by. 3 of the Convention for extradition simplified EU, Swiss Confederation declares that she will be able to apply the procedure of simplified extradition even when the person concerned has given his consent after the expiration of the time limit set for this purpose or after receipt of an extradition request in the proper manner.

Statement on art. 15 of the Convention for extradition simplified EU in accordance with art. 15 of the simplified EU, Swiss extradition agreement states that the federal Office of justice of the federal Department of justice and police is the competent authority with regard to extradition and transit.

Statement of the law on art Switzerland. 41, by. 9, of the Convention of application of the agreement of Schengen (CAAS) in accordance with art. 41, by. 9, of the Convention implementing the Schengen agreement of 19 June 1990 (CAAS), the Swiss Confederation declares that the modalities of the pursuit in its territory, for the States participate in Schengen with which it has a common border, are the following:-for the Germany: German prosecutors agents have the right to arrest under art. 41, by. 2, let. b, CISA. The prosecution is permitted in the case of an offence which may lead to extradition within the meaning of art. 41, by. 4, let. b, CISA. The prosecution is subject to no limitations in space or in time, within the meaning of art. 41, by. 3, let. b CAAS. The exercise of these rights is based on the provisions of the Schengen acquis, as well as the agreement of April 27, 1999 between the Swiss Confederation and the Federal Republic of Germany relating to cross-border cooperation in police and judicial matters (agreement between the Switzerland and Germany policing; (RS 0.360.136.1).
-for the France: in accordance with art. 41, by. 2, let. a, CISA, the pursuing french officers lack the right of interpellation. The prosecution is permitted in the case of an offence in the list referred to in art. 41, by. 4, let. a, CISA. The prosecution is subject to no limitations in space or in time, within the meaning of art. 41, by. 3, let. b CAAS.
-for the Italy: Italian prosecutors agents have the right to arrest under art. 41, by. 2, let. b, CISA. The prosecution is permitted in the case of an offence which may lead to extradition within the meaning of art. 41, by. 4, let. b, CISA. The pursuit is not subject to any limitation in time, but is allowed only in a strip of territory of 30 km from the Swiss border between the Switzerland and the Italy.
-for the Austria: Austrian prosecutors agents have the right to arrest under art. 41, by. 2, let. b, CISA. The prosecution is permitted in the case of an offence which may lead to extradition within the meaning of art. 41, by. 4, let. b, CISA. The prosecution is subject to no limitations in space or in time, within the meaning of art. 41, by. 3, let. b CAAS. The exercise of these rights is based on the provisions of the Schengen acquis, as well as the agreement of April 27, 1999, between the Swiss Confederation, the Republic of Austria and the Principality of Liechtenstein concerning cross-border cooperation authorities security and customs (RS 0.360.163.1).

Common Declaration on joint meetings of joint committees 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 jointly organize the meetings of the joint committees set up by the agreement on the association of the Iceland and Norway to the implementation in the application and development of the Schengen acquis, on one hand, and the agreement on the association of Switzerland to the implementation, application and development of the Schengen acquis, on the other hand, regardless of the level of the meeting;
see joint meetings held requires an understanding of pragmatic regarding the Presidency of such meetings when this Presidency must be ensured by the associated States under the agreement between the European Union, the European Community and the Swiss Confederation on the association of Switzerland with the implementation, application and development of the Schengen or the agreement concluded by the Council of the Union European and the Republic of Iceland and the Kingdom of Norway on the association of these States to the implementation, application and development of the Schengen acquis;
take note of the wish of the associated States to assign when needed in their presidency and wield it in turn in the alphabetical order of their names, from the entry into force of the agreement between the European Union, the European Community and the Swiss Confederation on the association of Switzerland with the implementation, application and development of the Schengen acquis.

2008 481 RO; FF 2004 5593 art. 1 al. let 1. FY Dec. 17 a. 2004 (RO 2008 447) OJ L 176 of the 10.7.1999, p. 36.
RS 0.101 OJ L 131 of the 1.6.2000, p. 43 and OJ L 64 of the 7.3.2002, p. 20.
SR 0.142.392.68 SR 0.353.1 SR 0.351.1

Supplements of the Act. end entered into force on March 1, 2008 (RO 2008 5391) and Dec. 12. 2008 (RO 2008 5627).

State on December 12, 2008

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