0.362.380.037

Exchange of Notes of March 28, 2008

Between Switzerland and the European Community concerning the resumption of decision n ^O 574 /2007/EC establishing the External Borders Fund for the period 2007 to 2013

(Development of the Schengen acquis)

Provisionally applied as of March 20, 2010
Approved by the Federal Assembly on 1 ^Er October 2010 ¹

Entered into force on 9 February 2011 ²

(State on 9 February 2011)

Translation ³

Mission of Switzerland to the European Union	Brussels, 28 March 2008
	Secretariat of the Council of the European Union Directorate General H Justice and Home Affairs
	Brussels

The Swiss Mission to the European Union presents its compliments to the General Secretariat of the Council of the European Union and, referring to the Council's notification of 21 June 2007, issued pursuant to Art. 7, para. 2, let. A, first sentence, of the agreement between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (hereinafter: Association agreement) ⁴ , signed in Luxembourg on 26 October 2004, has the honour to acknowledge receipt of this notification, which reads as follows:

" Pursuant to Art. 7, para. 2, let. A, first sentence, and art. 14, para. 1 of the Agreement associating Switzerland with the Schengen acquis, the adoption of the following act shall be notified to Switzerland:

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Proposal for a decision of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 under the general programme Solidarity and Management of Migration Flows (LA) (first reading)

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Adoption of the act

8523/07 CODEC 353 FRONT 43 ASYLUM 2 MIGR 26 CADREFIN 27 + COR 1

PE/CONS 3691/06 ASILE 107 MIGR 199 FRONT 242 CADREFIN 342 CODEC 1593 + COR 1 (pl) + COR 2 (dk)

Date adopted by the Agriculture and Fisheries Council: 7.5.2007 ⁵

In accordance with Art. 7, para. 2, let. A, second sentence, of the Association Agreement and subject to the fulfilment of the constitutional requirements of Switzerland, the Mission of Switzerland to the European Union informs the General Secretariat of the Council of the European Union That Switzerland accepts the content of the act annexed to the notification of the Council, an act which forms an integral part of this reply note, and will transpose it into its internal legal order.

In accordance with Art. 7, para. 2, let. B, of the Association Agreement, Switzerland shall promptly inform the General Secretariat of the Council of the European Union of the fulfilment of its constitutional requirements.

In accordance with Art. 7, para. 3, of the Association Agreement, the notification of the Council of 21 June 2007 and the present reply note create rights and obligations between Switzerland and the European Community and thus constitute an agreement between Switzerland and the Community European.

This Agreement shall enter into force on the date of the notification by Switzerland of the fulfilment of its constitutional requirements. It may be denounced under the conditions set out in Art. 7 and 17 of the Association Agreement.

A copy of this note is addressed to the General Secretariat of the Commission of the European Communities, General Secretariat, SG.A. 3., Brussels.

The Swiss Mission to the European Union takes this opportunity to renew to the General Secretariat of the Council of the European Union the assurance of its high regard.

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RO 2010 3027 ; FF 2010 1521