362.1 convention between the Confederation and the cantons relative to the implementation, application and development of the Schengen and Dublin from March 20, 2009 (status on April 1, 2009) view of art. 1, al. 2, of the federal decree of December 17, 2004, with approval and implementation of the bilateral association agreements to the Schengen area and the Dublin space: Section 1 provisions general art. 1 purpose this agreement regulates in particular: a. the transmission of information between the Confederation and the cantons in the scope of the agreement of 26 October 2004 between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen (AAS), and of the agreement between the Swiss Confederation and the community on 26 October 2004 European on the criteria and mechanisms to determine the State responsible for the examination of an application for asylum in a Member State or in Switzerland (AAD); b. the representation and participation of the cantons in the joint committees and the working groups of the European Union (EU); (c) the development of common positions of the Swiss delegations in the joint committees; d. mutual rights and obligations of the Confederation and the cantons in the implementation the application and development of new acts or measures of the EU in accordance with art. ASA and art 7. 4 of the ADA, which shall be notified by the EU to the Switzerland (new acts and measures).
RS 0.362.31 RS 0.142.392.68 art. 2 collaboration in the areas covered by the Schengen and Dublin acquis, the Confederation and the cantons cooperate closely and collectively within their competence. The cantons are involved in particular in the development, application and implementation of the Schengen and Dublin acquis.
The Confederation and the cantons shall take organisational measures to allow Switzerland to fill in time and effectively the international obligations arising from the AAS and the AAD.
They inform each other, comprehensively and early enough, their projects of normative acts in the areas covered by the AAS and the AAD.
They also exchange information on case law in these areas.
RS 0.362.31 RS 0.142.392.68 Section 2 warranty information, coordination and cooperation art. 3 bodies of liaison between the Confederation and the cantons in order to correctly apply the present convention, the Confederation and the cantons shall each appoint a liaison body.
Art. 4 transmission of information as a general rule, the Confederation and the cantons to receive information by the channel of liaison bodies.
The Confederation shall ensure that the information, data and documents by the EU for the Switzerland are transmitted to the cantons without delay.
It operates an electronic portal that guarantees, as well as to the cantons, to have immediate access to the information and data.
Art. 5 in good standing coordination General, the Confederation and the cantons stop separately a position before communicating it through the liaison bodies.
They coordinate the implementation of the actions and measures in the areas covered by the AAS and the DAA, notably with regard to deadlines.
RS 0.362.31 RS 0.142.392.68 Section 3 development, implementation and enforcement of the acquis Schengen and Dublin art. 6 participation of the cantons in the joint committees and the working groups of the EU in the areas that affect their skills or their essential interests, the cantons take part in the development of the positions of the Switzerland in the joint committees and the working groups of the EU.
They delegate representatives in the working groups of the Confederation who perform the preparatory work or analysis in view of negotiations within the joint committees and the working groups of the EU.
They are part of the Swiss delegation and participate in joint committees and the working groups of the EU.
Delegations joint Swiss and EU working groups are in principle conducted by a representative of the Confederation.
Art. 7 notification the Confederation shall immediately transmit to the connecting of the cantons the notifications received member institutions of the EU on the new acts or measures of the EU to resume by Switzerland in respect of the development of the Schengen and Dublin acquis.
Art. 8 recovery procedure the Confederation decided the resumption of new acts or measures of the EU and stop the time required.
If the cantons came to the conclusion that the resumption of a new Act or a new measure of the EU affects their skills or their essential interests, there are to be given special importance to their decision-making position under art. 5, al. 1 art. 9 implementation the Confederation and the cantons ensure the implementation of the acts or measures in time.
They learn early enough and action taken and the conclusion of the work of implementation.
Section 4 report and support for costs art. 10 report in accordance with art. 9, al. 1, AAS, and art. 6, al. 1, AAD, the Confederation and the cantons report to Joint Committee on the manner in which the administrative authorities and the courts have interpreted and applied the provisions of the Schengen and Dublin acquis.
RS 0.362.31 RS 0.142.392.68 art. 11 support for the costs of the Confederation and the cantons support their own costs related to the implementation, application and development of the Schengen and Dublin acquis and the costs of their participation to the joint committees and the working groups of the EU.
The cantons contribute in an appropriate measure to cover the costs of operation of the Schengen Portal referred to in art. 4, al. 3 section 5 settlement of disputes art. 12. the federal Council and the Conference of cantonal governments (CdC) settle disputes resulting from this agreement by mutual agreement.
The differences of views of implementation, enforcement, and further development of the Schengen and Dublin acquis are resolved through negotiation.
Section 6 provisions final art. 13 denunciation this convention may be denounced in writing notice of six months.
In all cases, the Confederation and the cantons are required to meet current commitments.
Art. 14 entry into force this agreement requires the approval of all the cantons.
The CdC informed the federal Board of approvals within the meaning of para. 1 the federal Council sets the date of entry into force of the convention after hearing the CdC.
The date of entry into force of this convention is April 1, 2009 (ACF of March 13, 2009).
March 20, 2009 on behalf of the federal Council Swiss: the president of the Confederation Hans - Rudolf Merz the Chancellor of the Confederation, Corina Casanova on the behalf of the cantons: the President of the CdC, Lorenz Bösch RO 2009 1139 SR 362 State on April 1, 2009