0.362.380.018

Exchange of Notes of March 28, 2008

Between Switzerland and the European Community concerning the resumption of Regulation (EC) No ^O 2007/2004 of 26 October 2004 establishing FRONTEX

(Development of the Schengen acquis)

Approved by the Federal Assembly on 3 October 2008 ¹
Entered into force on 30 January 2009

(State on 30 January 2009)

Translation ²

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 26 October 2004, 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 ³ (hereinafter the Association Agreement), 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 14, para. 1 of the Agreement between Switzerland and the Schengen acquis, the adoption of the following act shall be notified to Switzerland:

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Council Regulation of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

Council Document: 10827/04 FRONT 117 COMIX 429

Date of adoption: 26.10.04 ⁴ ".

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 Swiss Mission 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 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 26 October 2004 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 will enter into force on the date of the information 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 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 2009 4587 ; FF 2008 1305