Considerations on COM(2006)752-4 - Conclusion of the Protocol between the EU, the EC, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the EU, the EC and Switzerland on Switzerland’s association with the implementation, application and development of the Schengen acquis

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dossier COM(2006)752-4 - Conclusion of the Protocol between the EU, the EC, Switzerland and Liechtenstein on the accession of Liechtenstein to the ...
document COM(2006)752 EN
date March  7, 2011
 
table>(1)Following the authorisation given to the Presidency, assisted by the Commission, on 27 February 2006, negotiations with the Principality of Liechtenstein and the Swiss Confederation of a Protocol on the accession 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 have been finalised.
(2)In accordance with Council Decisions 2008/261/EC (1) and 2008/262/JHA (2), and subject to its conclusion at a later date, the Protocol was signed on behalf of the European Union on 28 February 2008.

(3)As a 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)The Protocol should be approved.

(5)As far as the development of the Schengen acquis is concerned, which falls under Part Three, Title V of the Treaty on the Functioning of European Union, it is appropriate to make Council Decision 1999/437/EC of17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis  (3) applicable, mutatis mutandis, to the relations with Liechtenstein.

(6)The United Kingdom is taking part in this Decision in accordance with Article 5(1) of the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Article 8(2) of 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  (4).

(7)Ireland is taking part in this Decision in accordance with Article 5(1) of the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Article 6(2) of 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  (5).

(8)This Decision does not prejudice the position of Denmark under 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,