Rs 0.362.11 Arrangement Of September 22, 2011, Between The European Union And The Republic Of Iceland, The Principality Of Liechtenstein, The Kingdom Of Norway And The Swiss Confederation On The Participation Of These States In The Work Of The Committe...

Original Language Title: RS 0.362.11 Arrangement du 22 septembre 2011 entre l’Union Européenne et la République d’Islande, la Principauté de Liechtenstein, le Royaume de Norvège et la Confédération suisse sur la participation de ces Etats aux travaux des comités qui assistent la

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.362.11 original text Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation of these States in the work of 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 Schengen determined September 22, 2011 filed March 26, 2012 Swiss ratification Instrument entered into force for the Switzerland 1 may 2012 (State on May 12, 2014) the European Union and the Republic of Iceland, hereinafter referred to as 'Iceland', the Principality of Liechtenstein, hereinafter referred to as "Liechtenstein", the Kingdom of Norway, hereinafter referred to as "Norway", and Confederation Swiss, hereinafter referred to as 'Switzerland', hereinafter jointly referred to as "The States involved", saw the agreement concluded on 18 May 1999 by the Council of the Union European , the Republic of Iceland and the Kingdom of Norway concerning the association of those two States to the implementation, application and development of the Schengen acquis, hereinafter 'the association agreement with the Iceland and the Norway ";
given the agreement signed on 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, hereinafter referred to as "the association agreement with the Switzerland";
given the Protocol signed on February 28, 2008, between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the European Union, the community Union and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis hereinafter referred to as "the memorandum of association with the Liechtenstein ';
given the agreement in the form of exchange of letters concluded on 18 May 1999 between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers;
given the agreement in the form of an exchange of letters signed on 26 October 2004 between the Council of the European Union and the Swiss Confederation concerning the committees that assist the European Commission in the exercise of its executive powers;
given the statement annexed to the memorandum of association with the Liechtenstein signed on 28 February 2008 concerning the participation in the activities of the committees which assist the European Commission in the exercise of its executive powers;
in view of the fact that new acts or measures of the Schengen acquis adopted by the European Commission, hereinafter referred to as 'the Commission', in the exercise of its executive powers and for which find application procedures provided for in this agreement, apply simultaneously for the European Union and its Member States concerned as well as the associated States;
having regard to the fact that it is necessary to ensure the application and the uniform implementation of the new acts or measures of the Schengen acquis requires the participation of the States associated with the work of committees assisting the Commission in the exercise of its executive powers with regard to the decision-making process relating to the acts or measures constituting a development of the Schengen acquis;
considering that the association agreements do not define the modalities for the participation of the States associated with the work of committees assisting the Commission in the exercise of its executive powers in regard to decision-making relating to the acts or measures constituting a development of the Schengen acquis;
considering that the participation of the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein to the Committee which assists the Commission in the exercise of its executive powers established by the directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with respect to the processing of data personal data and the free movement of such data is currently provided for in the European economic area agreement , while the participation of the Swiss Confederation to this Committee is foreseen in the exchange of letters annexed to the agreement of association with the Switzerland, have agreed to the following: art. 1. this agreement applies to the acts or measures amending or developing the Schengen acquis adopted by the Commission in the exercise of its executive powers in the field of the implementation, application and development of the Schengen acquis.

Art. 2-1. Associated States are involved as observers in the work of committees assisting the Commission in the exercise of his powers of Executive in the field of the implementation, application and development of the Schengen acquis, hereinafter referred to as "the Schengen comitology committees", referred to in the annex to this agreement.
2 when a new Act amending or developing the Schengen acquis creates a new Committee which assists the Commission in the exercise of its executive powers, the associated States are associated with the work of this Committee from the entry into force of the Act which provides for its establishment.
3. the list of comitology committees Schengen is regularly updated by the Commission and published in the Official Journal of the European Union.

Art. 3-1. The representatives of the States involved are associated with the work of the committees of comitology Schengen in the manner described in this section.
2 within the comitology committees Schengen, the associated States may: - expose the problems posed them a measure or a particular Act regarding implementation, the application or the development of the Schengen acquis, or provide a response to the problems encountered by other delegations, — to speak on any matter concerning development and the development of provisions concerning or on their implementation.

3 associated States have the faculty to present suggestions on Schengen comitology committees. The Commission may, after discussion, consider these suggestions to formulate a proposal or an initiative.
4. the associated States do not participate in votes on Schengen comitology committees and withdraw when they proceed to a vote.
5 when Schengen comitology committees meetings are convened, the associated States receive, at the same time as the Member States of the European Union, the agenda, draft measures on which they are asked to issue an opinion and any other relevant working document.
6. the principles and conditions governing public access to documents of the Schengen comitology committees are those that apply to the documents of the Commission.
7. for the purposes of the application of this agreement and turning to govern the procedural aspects of the Schengen comitology committees, it is necessary to refer to this article.

R (EC) n 1049/2001 of the European Parliament and of the Council of 30 May 2001 on public access to documents of the European Parliament, the Council and the Commission (OJ L 145 of the 31.5.2001, p. 43).

Art. 4. in the development of proposals amending or developing the provisions of the Schengen acquis, the Commission consults informally experts of the associated States in the same way that it consult with experts of the Member States of the European Union, hereinafter referred to as "Member States", for the purposes of the formulation of its proposals.

Art. 5-1. The adoption of new acts or measures constituting a development of the Schengen acquis is reserved to the competent institutions of the European Union.
Subject of the by. 3: - such acts or measures enter into force simultaneously for the European Union and its Member States concerned and for the associated States, unless explicitly otherwise in these; - acceptance by an associated State of the said acts or measures creates rights and obligations between State associated, on the one hand, and the Union and its Member States bound by those acts and measures on the other hand.

2. the adoption of the acts or measures referred to the by. 1 to which the procedures laid down in this agreement have been applied is communicated to the associated States.
The adoption of the acts or measures referred to the by. 1 is communicated to the associated States by the general secretariat of the Commission, reference is made to this article, if the adoption of these acts or measures shall be notified to the Member States.
When the adoption of the acts or measures referred to the by. 1 is not notified to the Member States by the secretariat general of the Commission, it is communicated to the associated States by the Directorate-General of the Commission which is responsible for, reference is made to this article.
3. each partner State to independently pronounce on the acceptance of the content of the acts or measures referred to the by. 1 and on internal transposition in its legal order. These decisions are notified to the Commission within a period of 30 days from the communication by the Commission of the acts or measures concerned.

With regard to the acceptance by the associated States of acts and measures referred to the by. 1 and the consequences of their non-acceptance, the following provisions shall apply:-for the Iceland and the Norway: art. 8 of the agreement of association with the Iceland and the Norway; - for the Switzerland: art. 7 of the agreement of association with the Switzerland; - for the Liechtenstein: art. 5 of the memorandum of association with the Liechtenstein.

The signing of the present Ar. these acts or measures are adopted in accordance with the 1999/468 D / CE of the Council of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184 of 17.7.1999, p. 23), as amended last by the D 2006/512 / EC of July 17. 2006 (OJ L 200 of the 22.7.2006, p.11).

Art. 6-1. With respect to administrative costs related to the application of the present arrangement, associated States participate in the general budget of the Union European by the payment of an annual contribution corresponding to a share of an amount of EUR 500 000 is calculated based on the percentage of their respective domestic product gross domestic product gross of all the participating States , subject to an annual adjustment to the rate of inflation in the European Union.
This amount of EUR 500 000 is adjusted by Exchange of letters where the evolution of the number of comitology committees Schengen involving associated States or the frequency of the meetings so.
2. the travel expenses of officials participating in the meetings of the Schengen comitology committees are not reimbursed.

Art. 7-1. The Secretary general of the Council of the European Union is the depositary of this agreement.
2. the European Union and the associated States approve this agreement in accordance with the procedures which are their own.
3. the entry into force of this agreement is subject to the approval of the European Union and at least an associated State.
4. this agreement comes into force between the European Union and the associated State concerned on the first day of the second month following the deposit of the instrument of approval or ratification concerned with the depositary.
5. with regard to the Liechtenstein, this arrangement comes into force after the entry into force of the memorandum of association with the Liechtenstein.

Art. 8-1. Regarding the Norway and the Iceland, this agreement ceases to be applicable when the concerned with the Iceland or the Norway association agreement ceases to be applicable.
2. with regard to the Switzerland, this agreement ceases to be applicable when the association with the Switzerland agreement ceases to be applicable.
3. with regard to the Liechtenstein, this agreement ceases to be applicable when the association with the Liechtenstein Protocol ceases to be applicable.
4. this application termination shall be notified to the depositary.

Art. 9. the present arrangement as well as the joint declaration are written in a single original in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech, Icelandic, and Norwegian, all texts being equally authentic.
Done at Brussels, 22 September 2011.
(Follow signatures)

Annex list of 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 Schengen acquis:-the Committee set up by Regulation (EC) n 1683/95 of 29 May 1995 Council establishing a model type of visa; - the Committee set up by Regulation (EC) n 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment , the operation and use of the second generation Schengen information system (SIS II) and decision 2007/533/JHA of the Council of 12 June 2007 on the establishment, operation and use of the second generation Schengen information system (SIS II); This Committee also assists the Commission for the purposes of the application of the following legal instruments:-Regulation (EC) n 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the information system on visas (VIS) and the exchange of data between Member States on short-stay visas (regulation SCREW), - Regulation (EC) n 1104/2008 of 24 October 2008 on migration from the Schengen (SIS 1 +) to the Schengen information system information system the Council of second generation (SIS II)-decision 2008/839/JHA of the Council of 24 October 2008 on migration from the information system Schengen (SIS 1 +) to the second generation Schengen information system (SIS II);

-the Committee set up by decision 2004/201/JHA of the Council of 19 February 2004 on the amendment of the mermaid manual procedures and by Regulation (EC) No. 378/2004 of the Council of 19 February 2004 on the amendment procedures of the manual Mermaid, to assist the Commission for the purpose of changing the manual Mermaid; - the Committee set up by decision 2005/267/EC of the Council of 16 March 2005 establishing a secure information and coordination network connected to the internet for the services of Member States responsible for the management of migration flows; - the Committee set up by Regulation (EC) n 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community code on the plan of the crossing of borders by persons (Schengen borders code), to assist the European Commission in the field of external borders;-the Committee "Solidarity and management of migration flows", established by decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the Fund for the external borders for the period 2007-2013 as part of the general programme 'Solidarity and management of migration flows';-the Committee set up by Regulation (EC) n 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community code on visas (Visa code) hereinafter referred to as "the Visa Committee.

JO L 164 of 14.7.1995, p. 1, OJ L 381 of 28.12.2006, p. 4, OJ L 205 of 7.8.2007, p. 63 OJ L 218 of 13.8.2008, p. 60 OJ L 299 of the 8.11.2008, p. 1, OJ L 299 of the 8.11.2008, p. 43 OJ L 64 of 2.3.2004, p. 45 OJ L 64 of 2.3.2004, p. 5 OJ L 83 of the 1.4.2005 , p. 48 OJ L 105 of the 13.4.2006, p.1 OJ L 144 of 6.6.2007, p. 22, OJ L 243 of the 15.9.2009, p. 1 State on May 12, 2014, Joint Declaration of the contracting parties on the specific association in the implementation, application and development of the Schengen acquis the contracting parties declare together that the association of the Republic of Iceland the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation to the implementation, application and development of the Schengen acquis cannot be considered a legal precedent or policy for any other area of cooperation between the European Union and those States.

Scope on 12 may 2014 States parties Ratification entry into force Iceland 24 March 2014 may 1, 2014 Liechtenstein December 15, 2011 may 1, 2012 Norway October 31, 2012 December 1, 2012 Switzerland March 26, 2012 may 1, 2012 European Union 13 March 2012 1 may 2012 RO 2012 2361 RS 0.362.31 RS 0.362.311 RS 0.362.1 OJ L 281 of 23.11.1995 the p. 31 RO 2012 2361, 2014 1221. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State may 12, 2014

Related Laws