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Summary of Treaty


GENERAL DATA
Official Title Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
Type of Agreement Bilateral
Place of Signature Luxembourg
Date of Signature 26/10/2004
Date of Entry Into Force 01/03/2008
Duration Indefinite
Objective of Agreement To maintain and develop the Union as an area of freedom, security and justice;

To enable certain obstacles to the free movement of persons resulting from the geographical position of the Swiss Confederation to be eliminated;

To strengthen cooperation between the European Union and the Swiss Confederation in the fields covered by the Schengen acquis;

To associate the Swiss Confederation on an equal footing with Iceland and Norway in the implementation, application and development of the Schengen acquis;

To ensure that the States with which the European Union has established an association for the purpose of implementing, applying and developing the Schengen acquis also apply this acquis in their relations with each other.
Remarks The present Agreement has been signed by both the European Community (EC) and the European Union (EU). Consequently, there are two implementing measures: Council Decision 2008/146/EC and Council Decision 2008/149/JHA based on different legal bases. Here, the references to Council Decision 2008/149/JHA are reproduced.

The United Kingdom, Ireland and Denmark have special position with regards to the Schengen acquis. For more information see the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaties.

Council Decision 1999/437/EC apply mutatis mutandis to relations with Switzerland.

JOINT DECLARATIONS OF THE CONTRACTING PARTIES

JOINT DECLARATION OF THE CONTRACTING PARTIES ON PARLIAMENTARY CONSULTATION
The Contracting Parties consider that matters covered by this Agreement should be discussed at the European Parliament-Switzerland interparliamentary meetings.

JOINT DECLARATION OF THE CONTRACTING PARTIES ON EXTERNAL RELATIONS
The Contracting Parties agree that the European Community undertake to encourage third countries or
international organisations with which it concludes agreements in areas linked to Schengen cooperation to
conclude similar agreements with the Swiss Confederation, without prejudice to the latter's competence to
conclude such agreements.

JOINT DECLARATION OF THE CONTRACTING PART IES ON ARTICLE 23(7) OF THE CONVENTION OF 29 MAY 2000 ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN UNION
The Contracting Parties agree that Switzerland may, subject to the provisions of Article 23(1)(c) of the
Convention on Mutual Assistance in Criminal Matters between Member States of the European Union, in the
circumstances of a particular case, demand, unless the Member State concerned has obtained the consent of the data subject, that personal data not be used for the purposes referred to in Article 23(1)(a) and (b) without the prior consent of Switzerland in proceedings in which Switzerland could have refused or restricted the transmission or use of personal data under the Convention or the instruments referred to in Article 1 thereof.
If, in a particular case, Switzerland refuses to give its consent to a request from a Member State pursuant to the above provisions, it must give reasons for its decision in writing.

OTHER DECLARATIONS

DECLARATION BY SWITZERLAND ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
Switzerland declares that tax offences in the direct tax field being investigated by the Swiss authorities may not give rise, when this Agreement enters into force, to an appeal before a court competent inter alia to hear criminal matters.

DECLARATION BY SWITZERLAND ON ARTICLE 7(2)(b)
(Time limit for accepting new developments in the schengen acquis)
The maximum time limit of two years laid down in Article 7(2)(b) covers both the approval and the
implementation of the act or measure. It includes the following stages:
- the preparatory stage;
- the parliamentary procedure;
- the referendum deadline (100 days from the official publication of the act) and, where applicable;
- the referendum (organisation and voting).
The Federal Council shall inform the Council and the Commission without delay of the completion of each of
these stages.
The Federal Council undertakes to use every means at its disposal to ensure that the abovementioned stages are completed as swiftly as possible.

DECLARATION BY SWITZERLAND ON THE APPLICATION OF THE EUROPEAN CONVENTION ON MUTUAL
ASSISTANCE IN CRIMINAL MATTERS AND THE EUROPEAN CONVENTION ON EXTRADITION
Switzerland undertakes to refrain from invoking its reservations and declarations made when ratifying the
European Convention on Extradition of 13 December 1957 and the European Convention on Mutual
Assistance in Criminal Matters of 20 April 1959 in so far as they are incompatible with this Agreement.

DECLARATION OF THE EUROPEAN COMMISSION ON THE TRANSMISSION OF PROPOSALS
When forwarding proposals relating to this Agreement to the Council of the European Union and to the
European Parliament, the Commission shall forward copies of such proposals to Switzerland.
27/02/2008 EN Official Journal of the European Union L53/75

DECLARATION OF THE EUROPEAN COMMISSION ON THE COMMITTEES THAT ASSIST THE EUROPEAN
COMMISSION IN THE EXERCISE OF ITS EXECUTIVE POWERS.
At present, in addition to the committee set up by Article 31 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data, the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis are:
- the committee set up by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down
a uniform format for visas (Visa Committee); and
- the committee set up by Article 5 of Council Decision of 6 December 2001 (2001/886/JAI) and by
Article 5 of Council Regulation (EC) No 2424/2001 of 6 December 2001, both instruments that refer to
the development of the second generation Schengen information system (SIS II) (SIS II Committee
Relation and Association with Other Agreements -Protocol 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 European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
OJ Reference L53, 27/02/2008, p. 52
Nature of Agreement Agreement on free movement of persons
Contracting Parties European Community, European Union, Switzerland
Authentic Texts Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovakian, Slovenian, Spanish, Swedish
Subject Matters External Relations
Western Europe
Clause(s)
Entry into force conditions Article 14 Agreement
Non-affection clause Article 12 Agreement
Settlement of disputes Article 10 Agreement
Management Mixed Committee (Article 3)
EU PARTICIPATION
Ratification Status AP
Conclusion Decision 2008/146/EC: Council Decision of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis; OJ L53 of 27/02/2008, p.1
Competence Council Decision 146/2008/EC - Exclusive; Council Decision 149/2008/JHA - EU Exclusive
Legal Basis Treaty EC: Article 62, 63, 66, 95
Treaty EU: Article 24, 38



Last Update :   06/12/2012