Explanatory Memorandum to COM(2009)255-2 - Signing of the Arrangement between the EC and Switzerland and Liechtenstein on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU - Main contents
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| dossier | COM(2009)255-2 - Signing of the Arrangement between the EC and Switzerland and Liechtenstein on the modalities of the participation by ... |
|---|---|
| source | COM(2009)255  |
| date | 04-06-2009 |
Article 21 i of Council Regulation (EC) No 2007/2004 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 i provides for countries associated with the implementation, application and development of the Schengen acquis to participate in the Agency. The detailed rules of their participation are to be specified in further arrangements to be concluded between the European Community and those countries.
On 15 February 2007 the European Community and the Republic of Iceland and the Kingdom of Norway concluded an Arrangement on participation by those States in the Agency i.
On 26 October 2004 the European Union, the European Community and the Swiss Confederation signed the Agreement concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (hereinafter referred to as “the Schengen Agreement”). On 1 March 2008 the Schengen Agreement entered into force i.
Article 16 of the Schengen Agreement provides for Liechtenstein’s association with the Schengen acquis by means of a Protocol to the Schengen Agreement determining the rights and obligations of each of the contracting parties. The Protocol was signed on 28 February 2008 and is expected to be concluded in 2009.
For efficiency, and to avoid the need to conduct separate negotiations, Liechtenstein has been associated with the negotiations on its participation in the Agency before conclusion of the Protocol is completed. The Arrangement on the modalities of the participation in the Agency will not apply to Liechtenstein until the date when the Protocol is put into effect.
Following the authorisation given to the Commission on 11 March 2008, negotiations were held with Switzerland and Liechtenstein. The negotiations were finalised on 19 January 2009 and the draft Arrangement was initialled.
The Member States have been informed and consulted in the Frontiers Working Party and the Working Party on the European Free Trade Association (EFTA) within the Council.
The legal basis for the Arrangement is Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300 i of the EC Treaty.
The attached proposals constitute the legal instruments for signature and conclusion of the Arrangement. The Council will decide by qualified majority. The European Parliament will have to be formally consulted on conclusion of the Arrangement, in accordance with Article 300 i of the EC Treaty.
Contents
The Commission considers that the objectives set by the Council in its negotiating directives have been attained and that the draft arrangement on the modalities of the participation by the Swiss Confederation and the Principality of Liechtenstein in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union is acceptable to the Community.
The final content of the draft Arrangement can be summarised as follows:
This Arrangement establishes clear and unambiguous legally binding rights and obligations to ensure effective participation by Switzerland and Liechtenstein in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
The Arrangement deals with the following issues: the limited voting rights of representatives of Switzerland and Liechtenstein on the Management Board of the Agency, the financial contribution by Switzerland and Liechtenstein to the budget of the Agency, protection and confidentiality of data, the legal status of the Agency in Switzerland and Liechtenstein, the liability of the Agency, recognition by Switzerland and Liechtenstein of the jurisdiction of the Court of Justice of the European Communities over the Agency, privileges and immunities of the Agency and its staff and access for nationals of Switzerland and Liechtenstein to be engaged under contract by the Executive Director of the Agency.
The special situations of Denmark, the United Kingdom and Ireland are reflected in the preamble.
Two joint declarations are attached to the Arrangement covering:
- voting rights, and
- application of the provisions on the civil liability in relation to deployment of rapid border intervention teams.
In the light of the above-mentioned results, the Commission proposes that the Council:
- decide that the Arrangement be signed on behalf of the Community and authorise the President of the Council to appoint the person(s) duly empowered to sign on behalf of the Community;
- approve, after consultation of the European Parliament, the attached Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
- Proposal for a
COUNCIL DECISION
on the signing, on behalf of the Community, of the Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300 i thereof,
Having regard to the proposal from the Commission,
Whereas:
1. Article 21 i of Council Regulation (EC) No 2007/2004 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 i provides for countries associated with the implementation, application and development of the Schengen acquis to participate in the Agency. The modalities of their participation are to be specified in further arrangements to be concluded between the Community and those countries.
2. Following the authorisation given to the Commission on 11 March 2008, negotiations with the Swiss Confederation and the Principality of Liechtenstein for an Arrangement on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union have been concluded.
3. Subject to its possible conclusion at a later date, the Arrangement initialled on 19 January 2009 should be signed and the Joint Declarations approved.
4. In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it, or subject to application thereof. Since this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of the same Protocol, decide within a period of six months after the Council has adopted this Decision whether it will implement it in its national law or not.
5. This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis i. The United Kingdom is therefore not taking part in its adoption of this Decision and is not bound by it or subject to application thereof.
6. This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis i. Ireland is therefore not taking part in adoption of this Decision and is not bound by it or subject to application thereof,
HAS DECIDED AS FOLLOWS:
The signing of the Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and the attached Joint Declarations is hereby approved on behalf of the Community, subject to the conclusion of the Arrangement.
The texts of the Arrangement and the Joint Declarations are attached to this Decision.
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Arrangement on behalf of the Community, subject to conclusion thereof.
Done at Brussels,
The President