Considerations on 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

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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 ...
document COM(2009)255 EN
date July 26, 2010
 
table>(1)Article 21(3) 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 (1) 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 Union 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)As consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

(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 on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of the Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.

(5)This Decision constitutes a development of the 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  (2). The United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(6)This Decision constitutes a development of the 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  (3). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(7)The Arrangement should be concluded,