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RS 0.362.32 Agreement of 17 December 2004 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen acquis and on the criteria and mechanisms for 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 1

Agreement

Between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen acquis and on the criteria and mechanisms for determining the State responsible for the examination An application for asylum lodged in Switzerland, Iceland or Norway

Convened on 17 December 2004

Approved by the Federal Assembly on December 17, 2004 2

Entered into force by exchange of notes on 1 Er March 2008

(State 1 Er 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 relations between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway in the most varied fields;

Having regard to the desire to continue to strengthen and develop these relations, in particular in the fields of police and judicial cooperation and visa and asylum policy;

Whereas on the one hand, the agreements concluded by the Republic of Iceland and the Kingdom of Norway with the European Union and the European Community on the implementation, application and development of the Schengen acquis and on the criteria and Mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State, in Iceland or Norway, and, on the other, the agreements concluded by the Swiss Confederation with the European Union and European Community on these same subjects,

Agreed to the following provisions:

Art. 1

The rights and obligations of the Republic of Iceland and the Kingdom of Norway resulting from their acceptance of the contents of the provisions of the Schengen acquis and its developments, in accordance with the Agreement of 18 May 1999 concluded by the Council of The European Union and these two States on their association with the implementation, application and development of the Schengen acquis, and the rights and obligations of the Swiss Confederation resulting from its acceptance of the content The provisions of the Schengen acquis 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 with the implementation, application and development of the Schengen acquis 1 , apply in relations between the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation to the extent that these States are bound by the same rights and obligations in their relations with the European Union and the Community European.


Art. 2

The rights and obligations of the Republic of Iceland and the Kingdom of Norway resulting from their acceptance of the contents of the provisions of the Dublin/Eurodac acquis and of 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 application for asylum lodged in a Member State, in Iceland or in Norway, and the rights and obligations of the Swiss Confederation resulting from its acceptance of the contents of the provisions of the Dublin/Eurodac and its developments under the Agreement of 26 October 2004 between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the State responsible for examining an application for asylum Introduced in a Member State or in Switzerland 1 , apply in relations between the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation to the extent that these States are bound by the same rights and obligations in their relations with the European Community.


Art. 3

With regard to the implementation, application and development of the Schengen acquis, this Agreement shall cease to apply on the day on which the equivalent agreement between the Swiss Confederation, on the one hand, and the European Union and the European Community, on the other, ceases to apply.

With regard to the implementation, application and development of the Schengen acquis, this Agreement shall cease to apply on the day on which the equivalent agreement between the Council of the European Union, on the one hand, and the Republic of Iceland and The Kingdom of Norway, on the other, ceases to apply. In the event that the latter agreement ceases to apply to only one of the two States mentioned, this Agreement shall cease to apply only in relations with that State.

2. With regard to the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway, this Agreement shall cease to apply on the day on which the equivalent agreement entered into between The Swiss Confederation and the European Community cease to apply.

With regard to the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway, this Agreement shall cease to apply on the day on which the equivalent agreement entered into between the The European Community, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, cease to apply. In the event that the latter agreement ceases to apply to only one of the two States mentioned, this Agreement shall cease to apply only in relations with that State.

Art. 4 Final Act

Each Contracting Party shall notify in writing to the two other Contracting Parties that the conditions laid down by its domestic law for the entry into force of this Agreement are fulfilled. The Agreement shall enter into force on the first day of the second month following the last notification.

2. With regard to the implementation, application and development of the Schengen acquis, this Agreement shall be implemented on the day on which the equivalent agreement between the Swiss Confederation, on the one hand, and the European Union and the European Community, on the other, is being implemented. The date of application shall be at the earliest that of the entry into force in accordance with paragraph 1. 1.

3. With regard to the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway, this Agreement shall be implemented on the day on which the equivalent agreement entered into between The Swiss Confederation and the European Community are implemented. The date of application shall be at the earliest that of the entry into force in accordance with paragraph 1. 1.

Done at Brussels, on 17 December 2004, in three authentic copies, in English.

Final Act

Plenipotentiaries of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway

Meeting in Brussels on 17 December 2004 for the signing 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 acquis and on the criteria and The mechanisms for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway, have adopted the following joint declarations and appended to this Final Act:

-
Declaration by the Governments of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway, referring to the Joint Declaration on joint joint committee meetings annexed to the agreement on the Confederation Association Switzerland in the implementation, application and development of the Schengen acquis;
-
Declaration by the Governments of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway, referring to the Joint Declaration on joint meetings of the Joint Committees annexed to the Agreement between the European Community and the Swiss Confederation on criteria and mechanisms for determining the state responsible for examining an application for asylum lodged 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 Marfurt


Greta Gunnarsdottir

Björn T. Grydeland

Declaration by the Governments of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway, referring to the Joint Declaration on joint meetings of the Joint Committees annexed to the Agreement on the Association of Switzerland In the implementation and development of the Schengen acquis

Reference is made to the joint declaration on joint meetings by which the parties decided to organise joint meetings of the joint committees established by the agreement on the association of Iceland and Norway with the implementation of the The implementation 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 Schengen acquis. Meeting.

In this joint statement, the parties note that the joint holding of these meetings requires a pragmatic arrangement with regard to the chairmanship of these meetings where this Presidency is to be provided by the associated States under the 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 of 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 for the implementation, application and development of the Schengen acquis.

The joint declaration also takes note of the desire of the associate states to give in to the exercise of their Presidency in the event 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 European Community and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis.

The three associate states agree that this pragmatic system established between them, which consists in ceding, in case of need, the chairmanship of the Joint Committees, will apply among themselves. Thus, in practical terms, the participation of the Swiss Confederation will not change the practice followed so far by Iceland and Norway, with the exception of the place that the Swiss Confederation will take in the order of exercise of the Presidencies.


Joint statement on joint joint committee meetings

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.

Declaration by the Governments of the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway, referring to the Joint Declaration on joint meetings of the Joint Committees annexed to the Agreement between the European Community and the Swiss Confederation on criteria and mechanisms for determining the state responsible for examining an application for asylum lodged in a Member State or in Switzerland.

Reference is made to the joint statement on the joint meetings by which the parties decided to organise joint meetings of the joint committees established by the Agreement between the European Community, Iceland and Norway The criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State, Iceland or Norway, and, on the other hand, the agreement between the European Community and the Swiss Confederation Relating to the criteria and mechanisms for determining the State responsible for Examination of an application for asylum lodged in a Member State or in Switzerland.

In this joint statement, the parties note that the joint holding of these meetings requires a pragmatic arrangement with regard to the chairmanship of these meetings where this Presidency is to be provided by the associated States under the The agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State or in Switzerland or of the agreement between the European Community, Iceland and Norway on the criteria and mechanisms for Determine the State responsible for examining an application for asylum lodged in a Member State, in Iceland or in Norway.

The joint declaration also takes note of the desire of the associate states to give in the exercise of their Presidency in the event 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 Community and the Swiss Confederation on the criteria and mechanisms for determining the state responsible for examining an application for asylum lodged in a Member State or in Switzerland.

The three associate states agree that this pragmatic system established between them, which consists in ceding, in case of need, the chairmanship of the Joint Committees, will apply among themselves. Thus, in practical terms, the participation of the Swiss Confederation will not change the practice followed so far by Iceland and Norway, with the exception of the place that the Swiss Confederation will take in the order of exercise of the Presidencies.


Joint statement on joint joint committee meetings

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 between the European Community and the Republic of Iceland and the Kingdom of Norway on the criteria and mechanisms for determining the responsible State Examination of an application for asylum lodged in a Member State, in Iceland or in Norway, on the one hand, and by the agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the State Responsible for examining an application for asylum lodged in a Member State or in Switzerland, On the other;
-
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 Community and The Swiss Confederation on the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State or in Switzerland or of the Agreement between the European Community and the Republic of Iceland and the The Kingdom of Norway concerning the criteria and mechanisms for determining the State Responsible for examining an application for asylum lodged in a Member State, Iceland or Norway;
-
Take note of the desire of the associated States to give in to the exercise of their Presidency in the event of need, in the alphabetical order of their names, from the entry into force of the Agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the state responsible for examining an application for asylum lodged in a Member State or in Switzerland.

RO 2008 529 ; FF 2004 5593


1 Translation of original English text.
2 Art. 1 al. 1 let. C of the AF of 17 Dec. 2004 ( RO 2008 447 )


State 1 Er March 2008