Key Benefits:
Original text
(State 1 Er March 2008)
The Swiss Confederation and the European Community,
Hereinafter referred to as "Contracting Parties",
Whereas the Council of the European Union has adopted Regulation (EC) No O 343/2003 of 18 February 2003 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in one of the Member States by a national of a third country 2 (hereinafter referred to as 'the Dublin Regulation'), which replaced the Dublin Convention on the determination of the State responsible for examining an application for asylum lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990 3 (hereinafter referred to as the 'Dublin Convention') and the Commission of the European Communities adopted Regulation (EC) No O 1560/2003 of 2 September 2003 laying down rules for the application of Regulation (EC) n O 343/2003 of the Council laying down the criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in one of the Member States by a national of a third country 4 (hereinafter referred to as 'the Dublin implementing rules');
Whereas the Council of the European Union has adopted Regulation (EC) No O 2725/2000 of 11 December 2000 concerning the creation of the Eurodac system for the comparison of fingerprints for the effective application of the Dublin Convention in order to help determine the Contracting Party which is Responsible for examining an asylum application in accordance with the Dublin Convention 5 (hereinafter 'the Eurodac Regulation') and Regulation (EC) No O 407/2002 of 28 February 2002 laying down certain rules for the application of Regulation No O 2725/2000 concerning the creation of the Eurodac system for the comparison of fingerprints for the effective application of the Dublin Convention 6 (hereinafter referred to as the 'implementing rules for Eurodac');
Whereas 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 7 (hereinafter 'the Directive on the protection of personal data') shall be applied by the Swiss Confederation as it is applied by the Member States of the European Union when processing data for the purposes of the present Agreement;
Having regard to the geographical position of the Swiss Confederation;
Whereas the participation of the Swiss Confederation in the Community acquis covered by the 'Dublin' and 'Eurodac' regulations (hereinafter referred to as 'the Dublin/Eurodac acquis') Strengthen cooperation between the European Community and the Swiss Confederation;
Whereas the European Community has concluded an agreement with 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 lodged in a State Member, Iceland or Norway 8 Based on the Dublin Convention;
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 "Dublin/Eurodac" acquis;
Whereas it is appropriate to conclude an agreement between the European Community and the Swiss Confederation which contains rights and obligations similar to those agreed between the European Community, of the one part, and Iceland and Norway, On the other;
Convinced that it is necessary to organise cooperation between the European Community and the Swiss Confederation with regard to the implementation, practical application and further development of the 'Dublin/Eurodac' acquis;
Whereas it is necessary, in order to involve the Swiss Confederation in the activities of the European Community 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 cooperation in the fields covered by the 'Dublin' and 'Eurodac' regulations is based on the principles of freedom, democracy, the rule of law and respect for human rights, as guaranteed in particular by the Convention European safeguard of human rights and fundamental freedoms 9 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 the Treaty establishing the European Community, but the possibility for the Swiss Confederation and Denmark to apply, in their mutual relations, the substantive provisions of the Agreement;
Whereas it is necessary to ensure that the States with which the European Community has established an association for the implementation, application and development of the 'Dublin/Eurodac' acquis, apply this acquis as well in their Mutual relations;
Whereas the good functioning of the 'Dublin/Eurodac' acquis requires the simultaneous application of this Agreement with the agreements between the various Parties involved in the implementation and development of the 'Dublin/Eurodac' acquis Their mutual relations;
Having regard to the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis;
Considering the link between the Schengen acquis and the 'Dublin/Eurodac' acquis;
Whereas this link calls for the simultaneous application of the 'Dublin/Eurodac' acquis with the Schengen acquis,
Agreed to the following provisions:
1. The provisions:
Are implemented by the Swiss Confederation, hereinafter referred to as "Switzerland", and applied in its relations with the Member States of the European Union, hereinafter referred to as "Member States".
2. Member States shall apply the regulations referred to in par. 1 in respect of Switzerland.
3. Without prejudice to s. 4, the acts and measures taken by the European Community amending or supplementing the provisions referred to in par. 1 and decisions taken in accordance with the procedures laid down in those provisions shall also be accepted, implemented and enforced by Switzerland.
4. The provisions of the Directive on the protection of personal data, as they apply to the Member States with regard to the data processed for the implementation and application of the provisions referred to in the By. 1, are implemented and implemented, Mutatis mutandis , by Switzerland.
5. For the purposes of paras. 1 and 2, references to "Member States" contained in the provisions referred to in subs. 1 are deemed to include Switzerland.
1. In the preparation of new legislative provisions amending or supplementing the provisions of Art. 1, the Commission of the European Communities, hereinafter referred to as "the Commission", consults in an informal manner with the Swiss experts in the same way as it consults the experts of the Member States for the preparation of its proposals.
2. The Commission, when transmitting its proposals referred to in par. 1 to the European Parliament and to the Council of the European Union, hereinafter referred to as "the Council", in a copy to Switzerland.
At the request of one of the Contracting Parties, a preliminary exchange of views may take place within the Joint Committee established under Art. 3.
3. The Contracting Parties shall again consult each other, at the request of one of them, within the Joint Committee, at important points in the phase preceding the adoption of the legislative provisions referred to in par. 1, in an ongoing process of information and consultation.
4. The Contracting Parties shall cooperate in good faith during the information and consultation phase in order to facilitate, at the end of the process, the activities of the Joint Committee, in accordance with this Agreement.
5. The representatives of the Swiss Government shall have the right to make suggestions in the Joint Committee with regard to the matters referred to in par. 1.
6. The Commission assures the Swiss experts of the widest possible participation, depending on the areas concerned, in the preparation of the draft measures to be submitted later to the committees which assist the Commission in the exercise of its Executive powers. Thus, when drawing up measures, the Commission consults the Swiss experts on the same basis as the experts from the Member States.
7. In the event that the Council is seized in accordance with the procedure applicable to the type of committee concerned, the Commission shall forward to the Council the views of the Swiss experts.
1. A Joint Committee shall be set up, composed of the representatives of the Contracting Parties.
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. The Joint Committee shall meet at the appropriate level, as appropriate, to consider the practical implementation and application of the provisions referred to in Art. 1 and to exchange views on the preparation of acts and measures amending or supplementing the provisions referred to in Art. 1.
All exchanges of information relating to this Agreement shall be considered to have taken place within the terms of reference of the Joint Committee.
5. The Presidency of the Joint Committee shall be held, in turn, for a period of six months, by the representative of the European Community and the representative of the Government of Switzerland.
1. Subject to subs. 2, when the Council adopts acts or measures amending or supplementing the provisions of Art. 1 and where acts or measures are adopted in accordance with the procedures laid down in those provisions, those acts or measures shall be applied simultaneously by the Member States and by Switzerland unless otherwise expressly provided for by them.
2. The Commission shall, without delay, notify Switzerland of the adoption of the acts or measures referred to in par. 1. Switzerland decides on the acceptance of their content and on their transposition into its internal legal order. This decision shall be notified to the Commission within 30 days of the adoption of the acts or measures concerned.
3. If the content of the above-mentioned acts or measures can bind Switzerland only after the fulfilment of its constitutional requirements, Switzerland shall inform the Commission thereof when it is notified. Switzerland shall inform the Commission without delay and in writing of the completion of all constitutional requirements. In the event that a referendum is not requested, the notification shall take place immediately upon the expiry of the referendum period. If a referendum is requested, Switzerland shall have, in order to make the notification, a period of up to two years from the notification of the Commission. From the date fixed for the entry into force of the act or measure in respect of Switzerland and until it notifies the fulfilment of the constitutional requirements, Switzerland shall apply provisionally, to the extent possible, the The content of the act or measure concerned.
4. If Switzerland cannot provisionally apply the measure or measure in question and this fact creates difficulties affecting the functioning of the Dublin/Eurodac cooperation, the situation will be examined by the Joint Committee. The European Community may, in respect of Switzerland, take proportionate and necessary measures to ensure the proper functioning of the Dublin/Eurodac cooperation.
5. The acceptance by Switzerland of the acts and measures referred to in s. 1 creates rights and obligations between Switzerland and Member States of the European Union.
6. If:
This Agreement shall be suspended.
7. The Joint Committee examines the issue that led to the suspension and undertakes to remedy the causes of non-acceptance or non-ratification within 90 days. Having considered all other possibilities in order to maintain the proper functioning of this Agreement, including the possibility of taking note of the equivalence of the legislative provisions, it may unanimously decide to reinstate the present Agreement. Agreement. In the event that this Agreement continues to be suspended after 90 days, it shall cease to be applicable.
1. In order to achieve the objective of the Contracting Parties to achieve as uniform an application and interpretation as possible of the provisions referred to in Art. 1, the Joint Committee constantly monitors the evolution of 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. To this end, the Contracting Parties agree to ensure the mutual transmission of this case-law, without delay.
(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. 1.
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. 1, as interpreted, where appropriate, 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 that of the Swiss courts or a substantial difference in the application of the provisions referred to in Art. 1 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. 7 is applicable.
1. In the event of a dispute over the application or interpretation of this Agreement or where the situation under s. 6, para. 2, the issue is formally recorded, as a contentious issue, on the agenda of the Joint Committee.
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. If the dispute cannot be settled by the Joint Committee within the 90-day period referred to in s. 2, this period is extended again by 90 days with a view to reaching a final settlement. If, at the end of that period, the Joint Committee has not taken a decision, this Agreement shall cease to apply at the end of the last day of that period.
With regard to the administrative and operational costs relating to the installation and operation of the Eurodac Central Unit, Switzerland shall contribute to the general budget of the European Communities at 7.286 % of an amount of Initial reference of EUR 11 675 000 and, from the budgetary year 2004, an annual contribution of 7.286 % in relation to the corresponding budgetary appropriations for the budgetary year concerned.
With regard to the other administrative or operational costs relating to the application of this Agreement, Switzerland shall contribute annually to the general budget of the European Communities in accordance with its gross domestic product in relation to the Gross domestic product of all participating States.
2. Switzerland shall have the right to receive documents relating to this Agreement and, at meetings of the Joint Committee, to request the interpretation in an official language of the institutions of the European Communities of its choice.
The Swiss national supervisory authority responsible for data protection and the independent supervisory authority established under Art. 286, para. 2, of the Treaty establishing the European Community shall cooperate to the extent necessary for the exercise of their functions and shall exchange, in particular, all relevant information. These two authorities shall lay down the arrangements for their cooperation by mutual agreement.
This Agreement shall in no way affect the other agreements concluded between the European Community and Switzerland.
2. This Agreement shall in no way affect the agreements which may be concluded in the future by the European Community with Switzerland.
1. The Kingdom of Denmark may request to participate in this Agreement. The Contracting Parties, acting with the consent of the Kingdom of Denmark, shall lay down the conditions for such participation in a Protocol to this Agreement.
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 Dublin/Eurodac acquis 1 .
(1) This Agreement shall be subject to ratification or approval by the Contracting Parties. Instruments of ratification or approval shall be deposited with the Secretary-General of the Council, who shall act as depositary of such instruments.
(2) This Agreement shall enter into force on the first day of the month following the notification of the deposit of the last instrument of ratification or approval by the depositary to the Contracting Parties.
3. Art. 2, 3 and art. 4, para. 2, first sentence, shall apply provisionally from the date of signature of this Agreement.
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. 4, para. 2, last sentence, shall begin on the day of the entry into force of this Agreement.
(1) This Agreement shall be applied only if the agreements referred to in Art. 11 are also implemented.
2. In addition, this Agreement shall be applied only if the agreement between the European Union, the European Community and Switzerland on the association of the latter State with the implementation, application and development of the Schengen acquis 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 Community and the Member States bound by this Agreement, on the other.
(1) Each Contracting Party may denounce this Agreement by sending a written declaration to the depositary. This declaration takes effect six months after its filing.
(2) This Agreement shall be deemed to be denounced if Switzerland denounces one of the agreements referred to in Art. 11 or the agreement referred to in s. 14, para. 2.
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.
The Plenipotentiaries adopted the following joint declarations and appended to this Final Act:
The Plenipotentiaries also took note of the statements mentioned below and attached to this Final Act:
Done at Luxembourg, 26 October 2004.
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| Swiss Confederation: |
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| Joseph Deiss |
António Vitorino |
The Contracting Parties stress the importance of a close and productive dialogue between all those involved in the implementation of the provisions listed in Art. 1, para. 1, of the agreement.
In accordance with Art. 3, para. 1, of the Agreement, the Commission invites experts from the Member States to meetings of the Joint Committee, in order to exchange views with Switzerland on all the matters referred to in the agreement.
The Contracting Parties took note of the willingness of member States to accept the above-mentioned invitations and to participate in these exchanges of views with Switzerland on all matters covered by the agreement.
Within the framework of the Agreement, the Contracting Parties agree that, in relation to 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 data, The participation of the representatives of the Swiss Confederation is carried out in accordance with the concept established by the exchange of letters concerning the committees which assist the European Commission in The exercise of its executive powers, and annexed to 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.
The maximum two-year period set out in s. 4, para. 3, covers both approval and 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.
At present, the committees which assist the European Commission in the exercise of its executive powers in the field of the implementation, application and development of the "Dublin/Eurodac" acquis are:
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,
1 Art. 1 al. 1 let. B of the AF of 17 Dec. 2004 ( RO 2008 447 )
2 OJ L 50, 25.2.2003, p. 1.
3 OJ C 254, 19.8.1997, p. 1.
4 OJ L 222, 5.9.2003, p. 3.
5 OJ L 316, 15.12.2000, p. 1.
6 OJ L 62, 5.3.2002, p. 1.
7 OJ L 281, 23.11.1995, p. 31.
8 OJ L 93, 3.4.2001, p. 38.
9 RS 0.101
