Key Benefits:
Original text
(State on 12 December 2008)
The Swiss Confederation and the European Union and the European Community,
Hereinafter referred to as "the Contracting Parties",
Whereas, with the entry into force of the Treaty of Amsterdam, the European Union has set itself the objective of maintaining and developing the Union as an area of freedom, security and justice in which the free movement of Persons, in conjunction with appropriate measures for the control of external borders, asylum, immigration and crime prevention and combating this phenomenon;
Whereas the Schengen acquis integrated within the framework of the European Union constitutes part of the provisions for the realisation of this area of freedom, security and justice insofar as they create a space without controls Internal borders and provide for compensatory measures to ensure a high level of safety;
Having regard to the geographical position of the Swiss Confederation;
Whereas the participation of the Swiss Confederation in the Schengen acquis and its further development will, on the one hand, enable the elimination of certain obstacles to the free movement of persons resulting from the geographical position 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 2 , these two states have been involved in the implementation, application and development of the Schengen acquis;
Whereas it is desirable for the Swiss Confederation to be associated on an equal footing with Iceland and Norway in the implementation, application and development of the Schengen acquis;
Whereas it is appropriate to conclude an agreement between the European Union, the European Community and the Swiss Confederation which contains rights and obligations similar to those agreed between the Council of the European Union, on the one hand, and Iceland and Norway;
Convinced that it is necessary to organise cooperation between the European Union and the Swiss Confederation with regard to the implementation, practical application and further development of the Schengen acquis;
Whereas it is necessary, in order to involve the Swiss Confederation in the activities of the European Union in the fields covered by this Agreement and to allow its participation in those activities, to establish a committee according to the model Institution set up for the association of Iceland and Norway;
Whereas the 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 Human Rights Fundamental freedoms 3 November 4, 1950;
Whereas the provisions of Title IV of the Treaty establishing the European Community and the acts adopted on the basis of that Title do not apply to the Kingdom of Denmark under the Protocol on the position of Denmark annexed by the Treaty From Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community, and that the decisions to develop the Schengen acquis by virtue of that title which Denmark has transposed into its national law are not Likely to create obligations under international law between Denmark and the other Member States;
Whereas the United Kingdom of Great Britain and Northern Ireland and Ireland participate, in accordance with the decisions taken under the Protocol integrating the Schengen acquis into the framework of the European Union annexed by the Treaty of Amsterdam The Treaty on European Union and the Treaty establishing the European Community 4 Certain provisions of the Schengen acquis;
Whereas it is necessary to ensure that the states with which the European Union has established an association for the implementation, application and development of the Schengen acquis also apply this acquis in their relations Mutual;
Whereas the proper functioning of the Schengen acquis requires the simultaneous application of this Agreement with the agreements between the various parties involved or involved in the implementation and development of the Schengen acquis Settling 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 the criteria and mechanisms for determining the State responsible for Examination of a request for asylum lodged in one of the Member States concerning the creation of the Eurodac system 5 ;
Considering the link between the Schengen acquis and this acquis communautaire;
Whereas this link calls for the simultaneous application of the Schengen acquis with the acquis communautaire on the establishment of the criteria and mechanisms for determining the State responsible for examining an application for asylum Presented in one of the Member States on the creation of the Eurodac system;
Agreed to the following provisions:
The Swiss Confederation, hereinafter referred to as "Switzerland", shall be associated with the activities of the European Community and the European Union in the fields covered by the provisions referred to in Annexes A and B of this Agreement as well as those which Will follow them up.
(2) This Agreement shall establish reciprocal rights and obligations in accordance with the procedures laid down therein.
To the extent that 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 shall be implemented and applied by Switzerland.
2. In so far as they have replaced and/or developed the corresponding provisions of the Convention implementing the agreement on the gradual abolition of border controls signed at Schengen on 19 June 1990, below Or have been adopted under the Schengen Convention, the provisions of the acts of the European Union and of the European Community listed in Annex B to this Agreement shall be implemented and applied by the Switzerland.
3. Without prejudice to s. 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, shall also be accepted, Implemented and implemented by Switzerland.
1. A Joint Committee shall be set up, consisting of representatives of the Swiss Government, members of the Council of the European Union, hereinafter referred to as "the Council", and the Commission of the European Communities, hereinafter referred to as "the Commission".
The Joint Committee shall adopt its rules of procedure by consensus.
The Joint Committee shall meet on the initiative of its Chairperson or at the request of one of its members.
4. Subject to s. 4, para. 2, the Joint Committee shall meet at the level of ministers, senior officials or experts, as required.
5. The Chair of the Joint Committee shall be held:
1. In accordance with this Agreement, the Joint Committee shall have before it all matters referred to in Art. 2 and shall ensure that any concerns expressed by Switzerland are duly taken into account.
2. Within the Joint Committee meeting at ministerial level, the representatives of Switzerland shall have the possibility:
3. Joint Committee meetings at ministerial level are prepared by the Joint Committee at the level of senior officials.
4. The representative of the Swiss Government shall have the right to make suggestions to the Joint Committee on matters referred to in Art. 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.
Without prejudice to art. 4, the Joint Committee shall be informed of the preparation in the Council of any act or measure which may be included in the framework of this Agreement.
When drawing up new legislative provisions in an area covered by this Agreement, the Commission shall consult informally the Swiss experts in the same way as it consults the experts of the Member States for Development of its proposals.
1. The adoption of new acts or measures related to matters referred to in s. 2 is reserved for the competent institutions of the European Union. Subject to subs. 2, these 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 in them. In this respect, due account shall be taken of the time limit indicated by Switzerland in the Joint Committee to enable it to fulfil its constitutional requirements.
If Switzerland cannot provisionally apply the content of the measure or measure in question and this fact creates difficulties affecting the operation of the Schengen cooperation, the situation will be examined by the Joint Committee. The European Union and the European Community may, in respect of Switzerland, take proportionate and necessary measures to ensure the proper functioning of the Schengen cooperation.
3. The acceptance by Switzerland of the content of the acts and measures referred to in s. 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 those acts and measures, on the other.
4. In case:
This Agreement shall cease to be applicable, unless the Joint Committee, having carefully considered the means of maintaining the Agreement, shall decide otherwise within 90 days. This Agreement shall cease to be applicable three months after the expiration of the 90-day period.
Since the Joint Committee unanimously reached an agreement that Switzerland fully accepts and transposes the relevant provisions of the new Act or the new measure, s. 2, point (b), and paras. 3 and 4 apply. The information referred to in s. 2, point (b), first sentence, shall be provided within 30 days of the agreement reached in the Joint Committee.
For the purpose of achieving the objective of the Contracting Parties to achieve as uniform an application and interpretation as possible of the provisions referred to in Art. 2, the Joint Committee continuously observes the developments in the case-law of the Court of Justice of the European Communities, hereinafter referred to as the "Court of Justice", as well as the evolution of the case-law of the relevant Swiss courts relating to these Provisions. A mechanism to ensure regular mutual transmission of this case-law is set up for this purpose.
2. Switzerland shall have the right to make written submissions or observations to the Court of Justice where a court of a Member State referred a question to the Court of Justice for a preliminary ruling on the interpretation of a provision referred to in Art. 2.
Each year, Switzerland shall submit a report to the Joint Committee on the manner in which its administrative authorities and courts have applied and interpreted the provisions referred to in Art. 2, as interpreted by the Court of Justice.
2. If, within two months of having been informed of a substantial difference between the case-law of the Court of Justice and the 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 a uniform application and interpretation, the procedure laid down in Art. 10 is engaged.
1. In the event of a dispute concerning the application of this Agreement or where the situation provided for in Art. 9, para. 2, the issue is formally recorded as a contentious issue on the agenda of the joint committee at the ministerial level.
2. The Joint Committee shall have 90 days from the date of adoption of the order of the day to which the dispute has been entered to settle the dispute.
3. In the event that the dispute cannot be settled by the Joint Committee within the 90-day period referred to in s. 2, this period is extended by 30 days with a view to reaching a final settlement. In the absence of such a final settlement, this Agreement shall cease to be applicable six months after the expiration of the 30-day period.
With regard to the administrative costs relating to the application of this Agreement, Switzerland shall contribute to the general budget of the European Communities an annual contribution of 7.286 % of an amount of EUR 8 100 000, subject to Annual adjustment according to the rate of inflation within the European Union.
2. As regards the development costs of the Schengen Information System II, Switzerland contributes to the general budget of the European Communities, in accordance with its gross domestic product in relation to the gross domestic product of all countries Participants, an annual contribution for the related budget years, and this from the 2002 budget year.
The contribution covering the budget years preceding the entry into force of this Agreement shall be due at the entry into force of this Agreement.
3. Where the operating costs relating to 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 shall contribute to these costs on a pro-rata basis The percentage of gross domestic product in relation to the gross domestic product of all participating countries.
If the operating costs are attributable to the general budget of the European Communities, Switzerland shall make an annual contribution to the budget in proportion to the percentage of its gross domestic product in relation to the gross domestic product of All participating countries.
4. Switzerland shall have the right to receive documents relating to this Agreement drawn up by the Commission or the Council and, at meetings of the Joint Committee, to request interpretation in an official language of the institutions of the Communities The European of his choice.
This Agreement shall in no way affect the agreements concluded between the European Community and Switzerland, as well as the agreements concluded between the European Community and its Member States, of the one part, and Switzerland, of the other part.
2. This Agreement shall not affect the agreements between Switzerland, on the one hand, and one or more Member States, on the other, to the extent that they are compatible with this Agreement. In the event of any inconsistency between these agreements and this Agreement, the Agreement shall prevail.
3. This Agreement shall in no way affect the agreements which may be concluded in the future by the European Community with Switzerland, and the agreements concluded between the European Community and its Member States, of the one part, and Switzerland, of the other The agreements which may be concluded on the basis of Art. 24 and 38 of the Treaty on European Union.
1. Switzerland shall conclude an Agreement with the Kingdom of Denmark on the creation of rights and obligations between Denmark and Switzerland in respect of the provisions referred to in Art. 2 under Title IV of the Treaty establishing the European Community 1 Which, therefore, applies the Protocol on the position of Denmark annexed by the Treaty of Amsterdam to the Treaty on European Union and the Treaty establishing the European Community.
2. Switzerland shall conclude an Agreement with the Republic of Iceland and the Kingdom of Norway on the creation of reciprocal rights and obligations under their respective associations for the implementation, implementation and development of The Schengen acquis 2 .
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 requirements concerning the expression of consent by the parties to this Agreement, Or on behalf of the latter, to be linked to the agreement have been fulfilled.
2. Art. 1, 3, 4, 5, 6 and 7, para. 2, point (a), first sentence, shall apply provisionally from the date of signature of this Agreement.
3. With regard 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, para. 2, point (a), last sentence, shall begin on the day of entry into force of this Agreement.
1. The provisions referred to in Annexes A and B, as well as those already adopted in accordance with Art. 2, para. 3, shall be implemented by Switzerland on a date to be fixed by the Council, acting unanimously by 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 ensuring that Switzerland has fulfilled the preconditions for the implementation of the relevant provisions and that controls at its external borders are effective.
The members of the Council representing the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland are participating in this decision in so far as it relates to the provisions of the Schengen acquis and to acts Or related thereto, to which these Member States participate.
The members of the Council representing the governments of the Member States for which, in accordance with the Treaty of Accession, only part of the provisions referred to in Annexes A and B shall apply, participate in the taking of that decision in the measure Where it relates to the provisions of the Schengen acquis which are already applicable to them.
2. The implementation of the provisions referred to in s. 1 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 those provisions, on the other hand.
(3) This Agreement shall be applied only if the agreements referred to in Art. 13 are also implemented.
4. In addition, this Agreement shall be applied only if the Agreement between the European Community and Switzerland on the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State Or in Switzerland is also implemented.
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, insofar as these are bound by the provisions of the Schengen acquis, on the other hand.
(1) This Agreement may be denounced by Switzerland or by a decision of the Council acting unanimously by its members. Such denunciation shall be notified to the depositary and shall take effect six months after the notification.
(2) This Agreement shall be deemed to be denounced if Switzerland denounces one of the agreements referred to in Art. 13 or the agreement referred to in s. 15, para. 4.
This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Dutch, Polish, Portuguese, Slovak, Slovenian and Swedish languages. And Czech, each of these texts being equally authentic.
2. The Maltese version of this Agreement shall be authenticated by the Contracting Parties on the basis of an exchange of letters. It shall also be authentic, on the same basis as the languages referred to in subs. 1.
In witness whereof, The undersigned plenipotentiaries have signed at the bottom of this Agreement.
Done at Luxembourg, 26 October 2004.
(art. 2, para. 1)
Part 1 of this Annex relates to the 1985 Schengen Agreement and the Convention implementing this Agreement signed in Schengen on 19 June 1990,
Part 2, the instruments of accession, and
Part 3, the relevant secondary Schengen acts.
The provisions of the Agreement signed in Schengen on 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic concerning the gradual abolition of controls on the Common borders.
All 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, except for the following provisions:
Article 2, para. 4, relating to the controls of goods
Art. 4 insofar as the baggage controls are concerned
Article 10, para. 2
Article 19, para. 2
Articles 28 to 38 and related definitions
Art. 60
Art.
S. 74
Art. 77 to 91 insofar as they are covered by Council Directive 91 /477/EEC of 18 June 1991 on the control of the acquisition and possession of weapons
Articles 120 to 125 relating to the movement of goods
Art. 131-133
Art. 134
Articles 139 to 142
Final Act: declaration 2
Final Act: declarations 4, 5 and 6
Minutes
Joint Statement
Declaration of Ministers and Secretaries of State
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 (to Madrid on 6 November 1992), the Republic of Austria (in Brussels on 28 April 1995), and 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:
A. The following Executive Committee decisions:
| SCH/Com-ex (93) 10 14.12.1993 |
Confirmation of the declarations of the Ministers and Secretaries of State of 19 June 1992 and 30 June 1993 concerning the implementation |
| 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, repeal and reduction of the duration of the uniform visa |
| SCH/Com-ex (94) 1 rev. 2 26.4.1994 |
Adaptation measures to remove obstacles and restrictions on traffic at road crossing points at internal borders |
| SCH/Com-ex (94) 15 rev. 21.11.1994 |
Introduction of a computerised procedure for consulting the central authorities referred to in Art. 17, para. 2 of the Convention |
| SCH/Com-ex (94) 16 rev. 21.11.1994 |
Acquiring common input and output stamps |
| SCH/Com-ex (94) 17 rev. 4 22.12.1994 |
Introduction and application of the Schengen system in airports and aerodromes |
| SCH/Com-ex (94) 25 22.12.1994 |
Statistical information on the issue of uniform visas |
| SCH/Com-ex (94) 28 rev. 22.12.1994 |
Certificate under s. 75 for the transport of narcotic drugs and psychotropic substances |
| SCH/Com-ex (94) 29 rev. 2 22.12.1994 |
Implementation of the Convention on the Application of the Schengen Agreement of 19 June 1990 |
| SCH/Com-ex (95) PV 1 rev. (point 8) |
Common visa policy |
| SCH/Com-ex (95) 20 rev. 2 20.12.1995 |
Approval of document SCH/I (95) 40 rev. 6 concerning the procedure for the application of Art. 2, para. 2 of the Convention |
| SCH/Com-ex (95) 21 20.12.1995 |
Rapid exchange between Schengen states of statistical and concrete data on possible dysfunctions at external borders |
| SCH/Com-ex (96) 13 rev. 27.6.1996 |
Principles for issuing Schengen visas in relation to art. 30, para. 1 (a) of the Convention on the Application of the Schengen Agreement |
| SCH/Com-ex (97) 39 rev. 15.12.1997 |
Guiding principles on evidence and indicators in the framework of the readmission agreements between the Schengen States |
| SCH/Com-ex (98) 1 rev. 2 21.4.1998 |
Task Force Activity Report |
| SCH/Com-ex (98) 12 21.4.1998 |
Exchange of statistics on visas issued |
| SCH/Com-ex (98) 18 rev. 23.6.1998 |
Measures to be taken with regard to states posing problems in the issuing of documents allowing the removal of Schengen territory Re-admission-Visa |
| SCH/Com-ex (98) 19 23.6.1998 |
Monaco Visa-External Borders-SIS |
| SCH/Com-ex (98) 21 23.6.1998 |
Approval of a stamp in visa applicants' passports Visa |
| SCH/Com-ex (98) 26 def 16.9.1998 |
Establishment of the Standing Committee for the Evaluation and Implementation of the Schengen Convention |
| SCH/Com-ex (98) 29 rev. 23.6.1998 |
Balai clause covering the whole of the Schengen acquis |
| SCH/Com-ex (98) 35 rev. 2 16.9.1998 |
Transmission of the Common Handbook to candidates for EU membership |
| SCH/Com-ex (98) 37 def 2 27.10.1998 |
Adoption of measures to combat illegal immigration |
| SCH/Com-ex (98) 51 rev. 3 16.12.1998 |
Cross-border police cooperation in the prevention and search of punishable offences |
| SCH/Com-ex (98) 52 16.12.1998 |
Cross-Border Police Cooperation Memento |
| SCH/Com-ex (98) 56 16.12.1998 |
Manual of documents that can be visa-stamped |
| SCH/Com-ex (98) 57 16.12.1998 |
Introduction of a harmonized form for invitation declarations, supporting declarations/commitments or hospitality certificates |
| SCH/Com-ex (98) 59 rev. 16.12.1998 |
Coordinated intervention by document advisors |
| SCH/Com-ex (99) 1 rev. 2 28.4.1999 |
Schengen standards in the field of drugs |
| SCH/Com-ex (99) 5 28.4.1999 |
SIRENE Manual Update |
| SCH/Com-ex (99) 6 28.4.1999 |
Telecommunications Acquis |
| SCH/Com-ex (99) 7 rev. 2 28.4.1999 |
Liaison officials |
| SCH/Com-ex (99) 8 rev. 2 28.4.1999 |
Compensation for Key Informants and Indicators |
| SCH/Com-ex (99) 10 28.4.1999 |
Illicit traffic in arms |
| SCH/Com-ex (99) 13 28.4.1999 |
Adoption of the new versions of the Common Manual and the Common Consular Instruction and the repeal of previous versions |
| SCH/Com-ex (99) 14 28.4.1999 |
Manual of documents that can be visa-stamped |
| SCH/Com-ex (99) 18 28.4.1999 |
Improvement of police cooperation in the prevention and search of punishable offences |
B. The following statements of the Executive Committee:
| Statement |
Purpose |
| SCH/Com-ex (96) decl. 5 18.4.1996 |
Definition of "foreign" |
| SCH/Com-ex (96) decl. 6 rev. 2 26.6.1996 |
Statement on Extradition |
| SCH/Com-ex (97) decl. 13 rev. 2 9.2.1998 |
Abduction of minors |
C. The following Central Group decisions:
| Decision |
Purpose |
| SCH/C (98) 117 27.10.1998 |
Adoption of measures to combat illegal immigration |
| SCH/C (99) 25 22.3.1999 |
General Principles for the Compensation of Informants and Indicators |
(art. 2, para. 2)
Switzerland shall apply the content of the following acts from the date fixed by the Council in accordance with Art. 15.
If at 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 Shall apply the content of the relevant provisions of those instruments only from the date on which the Convention or the Protocol in question is in force for all the said Member States.
Council Directive 91 /477/EEC of 18 June 1991 on the control of the acquisition and possession of weapons (OJ L 256, 13.9.1991, p. 51) and Commission Recommendation 93 /216/EEC of 25 February 1993 on the European firearms card (OJ L 93, 17.4.1993, p. 39), as amended by Commission Recommendation 96 /129/EC of 12 January 1996 (OJ L 30, 8.2.1996, p. 47)
Council Regulation (EC) No 1683/95 of 29 May 1995 establishing a model visa model (OJ L 164, 14.7.1995, p. 1), as amended by Regulation (EC) No O Council 334/2002 of 18 February 2002 (OJ L 53, 23.2.2002, p. 7); Commission decision of 7 February 1996 and Commission decision of 3 June 2002 laying down the additional technical specifications for the type of visa model (unpublished)
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, 23.11.1995, p. 31)
Council Act 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, 12.7.2000, p. 1) *
Council Decision 2000 /586/JHA of 28 September 2000 establishing a procedure for the amendment of Art. 40, para. 4 and 5, art. 41, para. 7, and art. 65, para. 2, the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at the common external borders (OJ L 248, 3.10.2000, p. 1)
Council Decision 2000 /645/EC of 17 October 2000 correcting the Schengen acquis contained in Decision SCH/Com-ex (94) 15 rev. Of the Schengen Executive Committee (OJ L 272, 25.10.2000, p. 24)
Regulation (EC) n O 539/2001 of the Council of 15 March 2001 laying down 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, 21.3.2001, p. 1), as amended by Regulation (EC) No O 2414/2001 of the Council of 7 December 2001 (OJ L 327, 12.12.2001, p. 1) and by Regulation (EC) No O 453/2003 of the Council of 6 March 2003 (OJ L 69, 13.3.2003, p. 10)
Council Decision 2001 /329/EC of 24 April 2001 on the updating of Part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and Annexes 5a), 6a) and 8 of the Common Manual (OJ L 116, 26.4.2001, p. 32)
Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa (OJ L 150, 6.6.2001, p. 4)
Council Decision 2001 /420/EC of 28 May 2001 on the adaptation of Parts V and VI and Annex 13 of the Common Consular Instructions as well as Annex 6 (a) of the Common Manual for Concurrent Value Long-Stay Visas Short-stay visa (OJ L 150, 6.6.2001, p. 47)
Council Directive 2001 /40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L 149, 2.6.2001, p. 34) and Council Decision 2004 /191/EC of 23 February 2004 laying down the criteria and practical arrangements for the compensation of financial imbalances resulting from the application of Directive 2001 /40/EC on mutual recognition of Decisions on the expulsion of third-country nationals (OJ L 60, 27.2.2004, p. 55)
Council Directive 2001 /51/EC of 28 June 2001 to supplement the provisions of Art. 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, p. 45)
Council Act of 16 October 2001 establishing, in accordance with Art. 34 of the Treaty on European Union, the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union [provision referred to in Art. 15 of the Protocol] (OJ C 326, 21.11.2001, p. 1) *
Regulation (EC) n O 2424/2001 of the Council of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328, 13.12.2001, p. 4)
Council Decision 2001 /886/JHA of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328, 13.12.2001, p. 1)
Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Annex 12 of the Common Consular Instructions and Annex 14a of the Common Manual (OJ L 20, 23.1.2002, p. 5)
Regulation (EC) n O 333/2002 of the Council of 18 February 2002 establishing a uniform format of a leaflet for the affixing of a visa issued by the Member States to holders of a travel document not recognised by the Member State issuing the form (OJ L 53, 23.2.2002, p. 3. 4) and Decision of the Commission of 12 August 2002 laying down the additional technical specifications for the uniform format of a sheet for the affixing of a visa issued by Member States to holders of a travel document not recognised by The Member State which establishes the slip (not published)
Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual (OJ L 123, 9.5.2002, p. 47)
Council Decision 2002/354/EC of 25 April 2002 on the adaptation of Part III and the creation of Annex 16 of the Common Consular Instructions (OJ L 123, 9.5.2002, p. 50)
Council Regulation (EC) No 1030/2002 of 13 June 2002 establishing a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1) and Commission Decision of 14 August 2002 laying down the additional technical specifications for the uniform format for residence permits for third-country nationals (not published)
Council Decision 2002/585/EC of 12 July 2002 on the adaptation of Parts III and VIII of the Common Consular Instructions (OJ L 187, 16.7.2002, p. 44)
Council Decision 2002/586/EC of 12 July 2002 on the adaptation of Part VI of the Common Consular Instructions (OJ L 187, 16.7.2002, p. 48)
Council Decision 2002/587/EC of 12 July 2002 on the revision of the Common Manual (OJ L 187, 16.7.2002, p. 50)
Council Framework Decision 2002 /946/JHA of 28 November 2002 on strengthening the criminal framework for the suppression of illegal entry, transit and residence (OJ L 328, 5.12.2002, p. 1)
Council Directive 2002/90/EC of 28 November 2002 defining aid for unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17)
Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including seafarers in transit (OJ L 64, 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 (OJ C 78, 30.3.1995, p. 2) and the 1996 Convention on Extradition between the Member States of the European Union (OJ C 313, 23.10.1996, p. 12) mentioned in Council Decision 2003 /169/JHA of 27 February 2003 laying down the provisions of the 1995 Convention on the simplified procedure for extradition between the Member States of the European Union and the 1996 Convention Relating to extradition between the Member States of the European Union, which constitute a development of the Schengen acquis in accordance with the Agreement concerning the Association of the Republic of Iceland and the Kingdom of Norway to the application, the And the development of the Schengen acquis (OJ L 67, 12.3.2003, p. 25)
Council Decision 2003 /170/JHA of 27 February 2003 on the common use of liaison officers seconded by the law-enforcement authorities of the Member States [except art. 8] (OJ L 67, 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 the common consular instructions and the common manual (OJ 2003 L 99, 17.4.2003, p. 8)
Council Regulation (EC) No 694/2003 of 14 April 2003 establishing uniform models for the Facilitated Transit Document (DFT) and the Rail Transit Document (FTD) provided for in Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003, p. 15)
Council Decision 2003 /454/EC of 13 June 2003 amending Annex 12 to the Common Consular Instructions and Annex 14 to the Common Manual with regard to the rights to be collected for visas (OJ L 152, 20.6.2003, p. 82)
Council Regulation (EC) No 1295/2003 of 15 July 2003 on measures to facilitate the application and issuance of visas for members of the Olympic family participating in the 2004 Olympic and/or Paralympic Games to Athens (OJ L 183, 22.7.2003, p. 1)
Council Decision 2003 /585/EC of 28 July 2003 on the amendment of Annex 2, inventory A, of the common consular instructions and of Annex 5, inventory A, of the common manual with regard to the visa requirement for Holders of Pakistani diplomatic passports (OJ L 198, 6.8.2003, p. 13)
Council Decision 2003 /586/EC of 28 July 2003 on the amendment of Annex 3, Part I, of the common consular instructions and of Annex 5 a, Part I, of the Common Manual in respect of third-country nationals subject to The requirement for airport transit visas (OJ L 198, 6.8.2003, p. 15)
Council Decision 2003 /725/JHA of 2 October 2003 amending the provisions of Art. 40, para. 1 and 7, of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (OJ L 260, 11.10.2003, p. 37)
Council Directive 2003 /110/EC of 25 November 2003 on aid for transit in the context of removal measures by air (OJ L 321, 6.12.2003, p. 26)
Council Decision 2004 /14/EC of 22 December 2003 amending the third subparagraph (Basic criteria for the introduction of the application) of Part V of the Common Consular Instructions (OJ L 5, 9.1.2004, p. 74)
Council Decision 2004 /15/EC of 22 December 2003 amending paragraph 1.2 of Part II of the Common Consular Instructions and establishing a new Annex to these instructions (OJ L 5, 9.1.2004, p. 76)
Council Decision 2004 /17/EC of 22 December 2003 amending Part V, point 1.4, of the common consular instructions and Part I, point 4.1.2, of the common manual with a view to including travel health insurance in the supporting documents required for Obtaining a uniform visa (OJ L 5, 9.1.2004, p. 79)
Council Regulation (EC) No 377/2004 of 19 February 2004 on the establishment of a network of immigration liaison officers (OJ L 64, 2.3.2004, p. 1)
Council Decision 2004 /466/EC of 29 April 2004 amending the common manual in order to add a provision concerning targeted border controls on accompanied minors (OJ L 157, 30.4.2004, p. 136)
Corrigendum to Council Decision 2004 /466/EC of 29 April 2004 amending the common manual in order to add a provision concerning targeted border controls on accompanied minors (OJ L 195, 2.6.2004, p. 44)
Council Regulation (EC) No 871/2004 of 29 April 2004 on the allocation of certain new functions to the Schengen Information System, including in the fight against terrorism (OJ L 162, 30.4.2004, p. 29)
Council Directive 2004 /82/EC of 29 April 2004 on the obligation for carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24)
Council Decision 2004 /573/EC of 29 April 2004 on the organisation of common flights for the removal, from the territory of two or more Member States, of third-country nationals who are subject to removal orders in the territory Two or more Member States (OJ L 261, 6.8.2004, p. 28)
Council Decision 2004 /574/EC of 29 April 2004 amending the Common Manual (OJ L 261, 6.8.2004, p. 36)
Council Decision 2004 /581/EC of 29 April 2004 laying down the minimum indications to be included on signs at the crossing points of the external borders (OJ L 261, 6.8.2004, p. 119)
Council Decision 2004 /512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5)
The Plenipotentiaries adopted the following joint declarations and appended to this Final Act:
The Plenipotentiaries also took note of the statements mentioned below and appended to this Final Act:
Done at Luxembourg, 26 October 2004.
The Contracting Parties consider it appropriate that the matters covered by this Agreement should be discussed at the interparliamentary meetings between the European Parliament and Switzerland.
The Contracting Parties agree that the European Community undertakes to encourage third States or international organisations with which it enters into agreements in a field related to Schengen cooperation to conclude agreements Without prejudice to the competence of the Swiss Confederation to conclude such agreements.
The Contracting Parties agree that Switzerland may, subject to the provisions of Art. 23, para. 1 (c) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, depending on the particular case, require that, unless the Member State concerned has obtained the consent of the person concerned, the Personal data may not be used for the purposes referred to in Art. 23, para. 1, points (a) and (b) of this Convention only with the prior agreement of Switzerland in the framework of the procedures for which it could have refused or limit the transmission or use of personal data in accordance with the provisions Of this Convention or of the instruments referred to in s. 1 of this one.
If, in a case in point, Switzerland refuses to give consent following the request of a Member State in accordance with the above provisions, it must give reasons for its decision in writing.
Switzerland declares that tax offences in the field of direct taxation, pursued by the Swiss authorities, cannot, at the time of entry into force of this Agreement, give rise to an action before a competent court In criminal matters.
The maximum two-year period set out in s. 7, para. 2, point (b), covers both the approval and the implementation of the act or measure. It consists of the following phases:
The Federal Council shall without delay inform the Council and the Commission of the completion of each of these phases.
The Federal Council undertakes to implement all means at its disposal to ensure that the various phases mentioned above are carried out as quickly as possible.
Switzerland undertakes to refrain from using its reservations and declarations accompanying the ratification of the European Convention on Extradition 6 On 13 December 1957 and the European Convention on Mutual Legal Assistance 7 Of 20 April 1959 as incompatible with this Agreement.
When submitting proposals to the Council of the European Union and to the European Parliament relating to this Agreement, the Commission shall transmit copies thereof to Switzerland.
At present, in addition to the Committee established by Art. 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 assisting the European Commission in The exercise of its executive powers in the field of the implementation, application and development of the Schengen acquis are:
Delegations participating in the negotiations of the Agreement
In accordance with Art. 55, para. 1 and 2, CAAS, the Swiss Confederation declares that it is not bound by s. 54 CAAS in the following cases:
By facts constituting an offence against the security or other essential interests of Switzerland, it must be understood in particular:
In accordance with Art. 57, para. 3, CAAS, the Swiss Confederation declares that the Federal Office of Justice of the Federal Department of Justice and Police, as well as the authorities of the criminal justice system of the Confederation and the cantons, are competent to provide the information to the Meaning of s. 57, para. 1, CAAS and request the information provided for in the article.
In accordance with Art. 24 of the Convention on Mutual Legal Assistance of the EU, the Swiss Confederation declares that it is considered to be Swiss administrative authorities within the meaning of Art. 3, para. 1 and art. 6, para. 6 of the Convention on Legal Assistance of the EU, the administrative services of the Confederation and of the cantons which, under federal or cantonal law, may pursue infringements and who are entitled, when the investigation is over, to To request the commencement of judicial proceedings which may result in a criminal conviction.
In accordance with Art. 24 of the Convention on Mutual Legal Assistance of the EU, the Swiss Confederation declares that the Federal Office of Justice of the Federal Department of Justice and Police is the central authority for the application of art. 6 of the EU Convention on Mutual Legal Assistance and the competent authority for the processing of applications within the meaning of Art. 6, para. 8 of the EU Convention on Mutual Legal Assistance.
In accordance with Art. 24 in conjunction with art. 6, para. 5 of the Convention on Mutual Legal Assistance of the EU, the Swiss Confederation declares that the following authorities are competent for the execution of applications under Art. 12 of the EU Convention on Mutual Legal Assistance:
In accordance with Art. 6, para. 3 of the Convention on the Extradition of the EU, the Swiss Confederation declares that it will grant extradition in respect of a tax offence only in respect of facts liable to constitute an offence in respect of excise duty, value added tax Or customs.
In accordance with Art. 13, para. 1 and 2 of the EU Extradition Convention, the Swiss Confederation declares that the Federal Office of Justice of the Federal Department of Justice and Police is the central authority responsible for extradition.
In accordance with Art. 7, para. 4 of the EU's simplified extradition convention, the Swiss Confederation declares that the person concerned may revoke his consent to extradition in accordance with the simplified procedure and his waiver of the benefit of the rule of the speciality, in Conformity 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 surrender of that person.
In accordance with Art. 9 in conjunction with art. 13 of the EU's simplified extradition convention, the Swiss Confederation declares that s. 14 and 15 of the European Convention on Extradition shall not apply where the person concerned, in accordance with Art. 7 of the EU's simplified extradition Convention, consents to the simplified extradition and expressly waives the benefit of the rule of the speciality.
In accordance with Art. 12, para. 3 of the EU's simplified extradition Convention, the Swiss Confederation declares that it will be able to apply the simplified extradition procedure even where the person concerned has given his consent after the expiry of the time limit fixed for that Effect or upon receipt of a formal request for extradition.
In accordance with Art. 15 of the EU's simplified extradition convention, the Swiss Confederation declares that the Federal Office of Justice of the Federal Department of Justice and Police is the competent authority for extradition and transit.
In accordance with Art. 41, para. 9, of the Convention on the Application of the Schengen Agreement of 19 June 1990 (CAAS), the Swiss Confederation declares that the procedures for the exercise of the pursuit on its territory, for the states participating in Schengen with which it has a border Common are the following:
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,
Decided to organise joint meetings of the joint committees established by the agreement on the association of Iceland and Norway with the implementation, application and development of the Schengen acquis, on the one hand, and the agreement on The association of Switzerland with the implementation, application and development of the Schengen acquis, on the other, irrespective of the level of the meeting;
Note that the joint holding of these meetings requires a pragmatic arrangement with regard to the Presidency of these meetings when that Presidency is to 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 with the implementation, application and development of the Schengen acquis or the agreement concluded by the Council of the European Union and the Republic Of Iceland and the Kingdom of Norway on the association of these States with the implementation, application and Development of the Schengen acquis;
Take note of the desire of the associated States to give in to the exercise of their Presidency in case of need, and to exercise it in the alphabetical order of their names, as from the entry into force of the Agreement between the European Union, the Community And the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis.
1 Art. 1 al. 1 let. A of the AF of 17 Dec. 2004 ( RO 2008 447 )
2 OJ L 176, 10.7.1999, p. 36.
3 RS 0.101
4 OJ L 131, 1.6.2000, p. 43 and OJ L 64, 7.3.2002, p. 20.
5 RS 0.142.392.68
6 RS 0.353.1
7 RS 0.351.1
8 Complements of the end act. Entered into force on 1 Er March 2008 ( RO 2008 5391 ) And 12 Dec. 2008 (RO 2008 5627).
