Rs 0.362.32 17 December 2004 Agreement Between The Swiss Confederation, The Republic Of Iceland And The Kingdom Of Norway On The Implementation, Application And Development Of The Schengen And On The Criteria And Mechanisms To Dete

Original Language Title: RS 0.362.32 Accord du 17 décembre 2004 entre la Confédération suisse, la République d’Islande et le Royaume de Norvège sur la mise en œuvre, l’application et le développement de l’acquis de Schengen et sur les critères et les mécanismes permettant de déte

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0.362.32 translation agreement between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for the review of an application for asylum made in Switzerland, Iceland or Norway determined on December 17, 2004 approved by the Federal Assembly on 17 December 2004, entered into force by Exchange of notes on March 1, 2008 (State 1) March 2008) the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway, hereinafter referred to as "the Contracting Parties", bearing in mind the excellent relationship between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway in various fields;
whereas the desire to continue to strengthen and develop these relations, particularly in the areas of police and judicial cooperation, and visa and asylum policy;
considering, on the one hand, the agreements concluded by the Republic of Iceland and the Kingdom of Norway with the European Union and the EC on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for examining an application for asylum made in a Member State, Iceland or Norway , and, on the other hand, agreements concluded by Switzerland with the European Union and the European Community on these same subjects, have agreed on the following provisions: art. 1. the rights and obligations of the Republic of Iceland and the Kingdom of Norway, as a result of their acceptance of the content of the provisions of the acquis Schengen and its developments, under the agreement of 18 May 1999 concluded by the Council of the European Union and those two States on the association of the latter in the implementation, application and development of the Schengen acquis , and the rights and obligations of the Confederation of Switzerland as a result of its acceptance of the content of the provisions of the acquis Schengen and its developments under the agreement of 26 October 2004 between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis shall apply in the relations between the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation insofar as these States are bound by the same rights and obligations in their relations with the European Union and the European Community.

SR 0.362.31 art. 2. the rights and obligations of the Republic of Iceland and the Kingdom of Norway as a result of their acceptance of the content of the provisions of the acquis of the Dublin / Eurodac and its developments under the agreement of 19 January 2001 concluded by the European Community and these two States on the criteria and mechanisms for determining the State responsible for examining an asylum application submitted in a Member State in Iceland or Norway, and the rights and obligations of the Confederation Switzerland resulting from its acceptance of the content of the provisions of the acquis of Dublin/Eurodac and its developments under the agreement of 26 October 2004 between the European Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining a request for asylum introduced in a Member State or in Switzerland shall apply in the relations between the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation insofar as these States are bound by the same rights and obligations in their relations with the European Community.

SR 0.142.392.68 art. 3-1. With regard to the implementation, application and development of the Schengen acquis, this agreement ceases to apply the day where the equivalent agreement between the Confederation of Switzerland, on the one hand, and the Union European and community European, on the other hand, ceases to apply.
Turning to the implementation, application and development of the Schengen acquis, this agreement ceases to apply where the equivalent agreement concluded between the Council of the Union European, of one part, and the Republic of Iceland and the Kingdom of Norway, of the other, ceases to apply. In the case of the latter agreement ceases to apply to only one of the two States mentioned, this agreement ceases to apply in relations with the State.
2. regarding criteria and mechanisms for determining the State responsible for the review of an application for asylum made in Switzerland, Iceland or Norway, this agreement ceases to apply where the equivalent agreement concluded between the Confederation of Switzerland and the Community European ceases to apply.
If regarding the criteria and mechanisms for determining the State responsible for the review of an application for asylum made in Switzerland, Iceland or Norway, this agreement ceases to apply where the equivalent agreement concluded between the Community European, on the one hand, and the Republic of Iceland and the Kingdom of Norway, of the other, ceases to apply. In the case of the latter agreement ceases to apply to only one of the two States mentioned, this agreement ceases to apply in relations with the State.

Art. 4 final Act 1. Each Contracting Party shall notify in writing to the two other Contracting Parties that the conditions laid down by its law for the entry into force of the present agreement are met. The agreement comes into force the first day of the second month following the last notification.
2. Turning to the implementation, application and development of the Schengen acquis, this agreement is implemented the day where the equivalent agreement between the Confederation of Switzerland, on the one hand, and the Union community and European Union, on the other hand, is implemented. The enforcement date is earlier than the entry into force according to the by. 1 3. If regarding the criteria and mechanisms for determining the State responsible for the review of an application for asylum made in Switzerland, Iceland or Norway, this agreement is implemented the day where the equivalent agreement between the Swiss Confederation and the Community European is implemented. The enforcement date is earlier than the entry into force according to the by. 1. made in Brussels, on 17 December 2004, in three authentic copies, in language English.

Final act the Plenipotentiaries of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway meeting in Brussels on 17 December 2004 for the signature of the agreement between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in Switzerland in Iceland or Norway, have adopted the joint declarations mentioned below and attached to this final act:-Declaration of the Government of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway referring to the Joint Declaration on joint meetings of the Joint Committee annexed to the agreement on the association of Switzerland to the implementation the application and development of the Schengen acquis;-Declaration of the Government of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway referring to the Joint Declaration on joint meetings of the Joint Committee annexed to the agreement between the European and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland.

Done at Brussels, 17 December 2004.

For the Swiss Confederation: for the Republic of Iceland for the Kingdom of Norway: Bernhard railroad Greta Gunnarsdóttir Bjørn T. Grydeland statement Government of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway referring to the Joint Declaration on joint meetings of the Joint Committee annexed to the agreement on the association of Switzerland to the implementation enforcement and development acquis Schengen Reference is made to the common declaration on joint meetings whereby the parties 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, application and development of the Schengen acquis, on the one hand, and the agreement on the association of Switzerland to the implementation the application and development of the Schengen acquis, on the other hand, regardless of the level of the meeting.

In this joint declaration, the parties find that the joint holding of these meetings request a pragmatic arrangement in regard to 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 the Swiss Confederation the implementation the application and development of the Schengen 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 to the implementation, application and development of the Schengen acquis.
The joint statement also takes note of the wish of the associated States to yield when necessary in their presidency and wield it in turn in alphabetical order of their names, from l "entry into force of the agreement between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation the application and development of the Schengen acquis.
The three States involved agree that this pragmatic system established between them who is to be sold, in case of need, the Presidency of the joint committees, will apply between them. Thus, in practical terms, the participation of the Swiss Confederation will not change the practice followed so far by the Iceland and Norway, with the exception of the place takes the Swiss Confederation in order of year of presidencies.

Common Declaration on joint meetings of the mixed committees, 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 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 States associated with the agreement between the Union European , the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen 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 to the implementation, application and development of the Schengen acquis;-take note of the wishes of States associated to sell if you need the exercise of their presidency and to exercise it in turn in 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 the Swiss Confederation to the implementation, application and development of the Schengen acquis.

Statement of the Government of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway, referring to the Joint Declaration on joint meetings of the Joint Committee annexed to the agreement between the European and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland.

Reference is made to the common declaration on joint meetings through which the parties have decided to jointly organize the meetings of the joint committees set up by the agreement between the European Community, the Iceland and the Norway concerning the criteria and mechanisms for determining the State responsible for the examination of an application for asylum in a Member State, Iceland or Norway , and, on the other hand, the agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in a Member State or in Switzerland.
In this joint declaration, the parties find holding joint meetings request a pragmatic in which arrangement is the Presidency of such meetings when this Presidency must be ensured by the associated States under the agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum in a Member State or in Switzerland or the agreement between the Community European , the Iceland and Norway concerning the criteria and mechanisms for determining the State responsible for the examination of an application for asylum in a Member State, Iceland or Norway.
The joint statement also takes note of the wish of the associated States to yield when necessary 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 Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland.
The three States involved agree that this pragmatic system established between them who is to be sold, in case of need, the Presidency of the joint committees, will apply between them. Thus, in practical terms, the participation of the Swiss Confederation will not change the practice followed so far by the Iceland and Norway, with the exception of the place takes the Swiss Confederation in order of year of presidencies.

Common Declaration on joint meetings of the joint committees, 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 organize joint meetings of the joint committees set up by the agreement between the European Community and the Republic of Iceland and the Kingdom of Norway on the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State, Iceland and Norway, on the one hand, and by the agreement between the European Union and Confederation Swiss concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland, on the other hand; - see joint meetings held to ask an arrangement pragmatic regarding the Presidency of such meetings when this Presidency must be ensured by States involved in virtue the agreement between the European Community and the Swiss Confederation relating to the criteria and mechanisms for determining the State responsible for examining an asylum application submitted in a State member or in Switzerland or the agreement between the European Community and the Republic of Iceland and the Kingdom of Norway on the criteria and mechanisms for determining the State responsible for examining an asylum application submitted in a Member State Iceland or Norway;-take note of the wish of the associated States to yield when necessary 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 Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland.

2008 529 RO; FF 2004 5593 translation of the original English text.
Art. 1 al. let 1. FY Dec. 17 c. 2004 (RO 2008 447) State on March 1, 2008

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