title: 2011/349/EU: Council Decision of 7 March 2011 on the conclusion on behalf of the European Union of the 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 , relating in particular to judicial cooperation in criminal matters and police cooperation#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

text:
               18.6.2011

               EN

               Official Journal of the European Union

               L 160/1

         COUNCIL DECISION
   of 7 March 2011
   on the conclusion on behalf of the European Union of the 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, relating in particular to judicial cooperation in criminal matters and police cooperation
   (2011/349/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 79(2)(c), 82(1)(b) and (d), 87(2), 87(3), 89 and 114 in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (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,

         HAS ADOPTED THIS DECISION:
   Article 1
   The 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 and related documents are hereby approved on behalf of the European Union.
   The texts of the Protocol and the related documents are attached to this Decision.
   Article 2
   This decision applies to the fields covered by the provisions listed in Article 2(1) and (2) of the Protocol and to their development to the extent that such provisions are listed in Decisions 2000/365/EC and 2002/192/EC.
   Article 3
   The provisions of Articles 1 to 4 of Decision 1999/437/EC shall apply, in the same way, to the association of Liechtenstein with the implementation, application and development of the Schengen acquis.
   Article 4
   The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the European Union the Instrument of approval provided for in Article 9 of the Protocol, in order to express the consent of the European Union to be bound, and make the following notification:

      ‘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 and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the Protocol as well as in the Agreement are, where appropriate, to be understood as to “the European Union”.’

   Article 5
   This Decision shall enter into force on the day of its adoption.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 7 March 2011.

            For the Council

            The President

         CZOMBA S.

      (1)  Council Decision 2008/261/EC of 28 February 2008 on the signature, on behalf of the European Community, and on the provisional application of certain provisions of the 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 L 83, 26.3.2008, p. 3).

      (2)  Council Decision 2008/262/JHA of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the 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 L 83, 26.3.2008, p. 5).

      (3)  OJ L 176, 10.7.1999, p. 31.

      (4)  OJ L 131, 1.6.2000, p. 43.

      (5)  OJ L 64, 7.3.2002, p. 20.

      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

      THE EUROPEAN UNION
      and
      THE EUROPEAN COMMUNITY
      and
      THE SWISS CONFEDERATION
      and
      THE PRINCIPALITY OF LIECHTENSTEIN,
      hereinafter referred to as ‘the Contracting Parties’,
      HAVING REGARD TO the Agreement signed on 26 October 2004 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
          (1) (‘the Association Agreement’),
      RECALLING that Article 16 thereof provides for the possibility of the Principality of Liechtenstein acceding to the Association Agreement by way of a Protocol,
      CONSIDERING the geographical situation of the Principality of Liechtenstein,
      CONSIDERING the close ties between the Principality of Liechtenstein and the Swiss Confederation, expressed by an area without internal border controls between the Principality of Liechtenstein and the Swiss Confederation,
      CONSIDERING the wish of the Principality of Liechtenstein to maintain and establish an area without border control with all Schengen countries and therefore to be associated with the Schengen acquis,
      WHEREAS the Agreement concluded on 18 May 1999 by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway (2) associated the latter two States with the implementation, application and development of the Schengen acquis,
      WHEREAS it is desirable that the Principality of Liechtenstein be associated on an equal footing with Iceland, Norway and Switzerland in the implementation, application and development of the Schengen acquis,
      WHEREAS a protocol should be concluded between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein providing for Liechtenstein to enjoy rights and obligations similar to those agreed between the Council of the European Union, of the one part, and Iceland and Norway, as well as Switzerland of the other part,
      WHEREAS the provisions of Title IV of the Treaty establishing the European Community and the acts adopted on the basis of that Title do not apply to the Kingdom of Denmark pursuant to the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, and whereas the decisions designed to develop the Schengen acquis in application of that Title which Denmark has transposed into its domestic law are only liable to create international-law obligations between Denmark and the other Member States,
      WHEREAS Ireland and the United Kingdom of Great Britain and Northern Ireland participate in certain provisions of the Schengen acquis, in accordance with the decisions taken pursuant to the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community (3),
      WHEREAS it is necessary 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 that acquis in their relations with each other,
      WHEREAS the smooth operation of the Schengen acquis requires that this Protocol be applied simultaneously with the agreements between the various parties associated with or participating in the implementation and development of the Schengen acquis governing their mutual relations,
      HAVING REGARD TO the Protocol on the accession of the Principality of Liechtenstein to the agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in one of the Member States or in Switzerland (4),
      BEARING IN MIND the link between the Schengen acquis and the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining a request for asylum lodged in one of the Member States and concerning the setting-up of the ‘Eurodac’ system,
      WHEREAS that link requires that the Schengen acquis be applied simultaneously with the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining a request for asylum lodged in one of the Member States and concerning the setting-up of the ‘Eurodac’ system,
      HAVE AGREED AS FOLLOWS:
      Article 1
      In accordance with Article 16 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 (‘the Association Agreement’), the Principality of Liechtenstein (hereinafter referred to as ‘Liechtenstein’) accedes to the Association Agreement under the terms and conditions set out in this Protocol.
      This accession creates reciprocal rights and obligations between the Contracting Parties in accordance with the rules and procedures set out herein.
      Article 2
      1.   The provisions of the Schengen acquis listed in Annex A and Annex B to the Association Agreement as they apply to the Member States of the European Union shall be implemented and applied by Liechtenstein under the conditions envisaged in those Annexes.
      2.   In addition, the provisions of the acts of the European Union and of the European Community listed in the Annex to this Protocol which have replaced or developed provisions of the Schengen acquis shall be implemented and applied by Liechtenstein.
      3.   The acts and measures taken by the European Union and the European Community amending or developing the provisions of the Schengen acquis, to which the procedures set out in the Association Agreement, in conjunction with this Protocol, have been applied, shall also, without prejudice to Article 5, be accepted, implemented and applied by Liechtenstein.
      Article 3
      The rights and obligations set out in Article 3(1) to (4), Articles 4 to 6, Articles 8 to 10, Article 11(2), (3) and (4), and Article 13 of the Association Agreement shall apply to Liechtenstein.
      Article 4
      The office of the President of the Mixed Committee as established by Article 3 of the Association Agreement shall, at the level of experts, be held by the representative of the European Union. At the level of senior officials and Ministers it shall alternately, for a period of 6 months, be held by the representative of the European Union and by the representative of the Government of Liechtenstein or Switzerland, respectively.
      Article 5
      1.   The adoption of new acts or measures related to the matters referred to in Article 2 shall be reserved to the competent institutions of the European Union. Subject to paragraph 2 of this article, such acts or measures shall enter into force simultaneously for the European Union, the European Community and their respective Member States concerned and for Liechtenstein, unless those acts or measures explicitly state otherwise. In this context, due account shall be taken of the period of time indicated by Liechtenstein in the Mixed Committee as being necessary to enable it to fulfil its constitutional requirements.

                  2.

                              (a)

                              The Council of the European Union (‘the Council’) shall notify Liechtenstein immediately of the adoption of the acts or measures referred to in paragraph 1 to which the procedures set out in this Protocol have been applied. Liechtenstein shall decide whether to accept their contents and to implement them in its internal legal order. That decision shall be notified to the Council and to the Commission of the European Communities (‘the Commission’) within thirty days of the adoption of the acts or measures concerned.

                              (b)

                              If the contents of such an act or measure can become binding on Liechtenstein only after the fulfilment of constitutional requirements, Liechtenstein shall inform the Council and the Commission of this at the time of its notification. Liechtenstein shall promptly inform the Council and the Commission in writing upon fulfilment of all constitutional requirements. Where a referendum is not required, notification shall, at the latest, take place thirty days after the referendum deadline expires. If a referendum is required, Liechtenstein shall have eighteen months from the date of the Council’s notification within which to make its notification. From the date laid down for the entry into force of the act or measure for Liechtenstein and until it has given notification that the constitutional requirements have been met, Liechtenstein shall, where possible, implement the act or measure in question on a provisional basis.

            If Liechtenstein cannot implement the act or measure at issue on a provisional basis, and if this causes difficulties that disrupt the operation of Schengen cooperation, the situation shall be examined by the Mixed Committee. The European Union and the European Community may take proportionate, appropriate measures against Liechtenstein to ensure that Schengen cooperation operates smoothly.
      3.   Acceptance by Liechtenstein of the acts and measures referred to in paragraph 2 creates rights and obligations between Liechtenstein, on the one hand, and the European Union, the European Community and the Member States, in so far as they are bound by those acts and measures, and Switzerland on the other hand.
      4.   Where:

                  (a)

                  Liechtenstein notifies its decision not to accept the contents of an act or measure referred to in paragraph 2 and to which the procedures set out in this Protocol have been applied; or

                  (b)

                  Liechtenstein does not carry out notification within the thirty-day time limit referred to in paragraphs 2(a) or 5(a); or

                  (c)

                  Liechtenstein does not carry out the notification at the latest thirty days after the referendum deadline has expired or, in the case of a referendum, within the eighteen months time limit set out in paragraph 2(b), or does not provide for provisional implementation as envisaged in the same paragraph from the date laid down for the entry into force of the act or measure concerned.

            This Protocol shall be considered terminated unless the Mixed Committee, after carrying out a careful examination of ways of continuing the Protocol, decides otherwise within ninety days. Termination of this Protocol shall take effect 3 months after the expiry of the ninety-day period.

                  5.

                              (a)

                              If provisions of a new act or measure have the effect of no longer allowing Member States to subject compliance with requests for mutual assistance in criminal matters or the recognition of orders from other Member States to search premises and/or to seize items of evidence to the conditions set out in Article 51 of the Convention Implementing the Schengen Agreement (5), Liechtenstein may notify the Council and the Commission within the period of thirty days referred to in paragraph 2, point (a) that it will not accept or implement those provisions in its internal legal order where they apply to search and seizure requests or orders made for the purposes of investigating or prosecuting offences in the field of direct taxation which, if committed in Liechtenstein, would not be punishable under Liechtenstein law with a custodial penalty. In that case this Protocol shall not be considered terminated, contrary to the provisions of paragraph 4.

                              (b)

                              The Mixed Committee shall convene within 2 months following a request by one of its members and, taking into account international developments, shall discuss the situation resulting from a notification pursuant to point (a).

            Once the Mixed Committee has unanimously reached an agreement on the full acceptance and implementation by Liechtenstein of the relevant provisions of the new act or measure, paragraphs 2, point (b), 3 and 4 shall apply. The information referred to in the first sentence of paragraph 2, point (b) shall be provided within thirty days of the agreement reached in the Mixed Committee.
      Article 6
      In fulfilling its obligation with regard to the Schengen Information System and the Visa Information System, Liechtenstein may use the technical infrastructure of Switzerland for its access to these systems.
      Article 7
      As regards the administrative costs associated with implementing this Protocol, Liechtenstein shall make an annual contribution to the general budget of the European Union of 0,071 % of an amount of EUR 8 100 000, subject to annual adjustment to reflect inflation in the European Union.
      Article 8
      1.   This Protocol shall not affect the Agreement on the European Economic Area or any other agreement concluded between the European Community and Liechtenstein.
      2.   This Protocol shall not affect the agreements binding Liechtenstein, of the one part, and one or more Member States, of the other part, in so far as they are compatible with this Protocol. If such agreements are incompatible with this Protocol, the latter shall prevail.
      3.   This Protocol shall not affect in any respect any future agreements concluded with Liechtenstein by the European Community, or between the European Community and its Member States, of the one part, and Liechtenstein, of the other part, or agreements concluded on the basis of Articles 24 and 38 of the Treaty on European Union.
      4.   This Protocol shall not affect agreements between Liechtenstein and Switzerland insofar as they are compatible with this Protocol. If such agreements are incompatible with this Protocol, the latter shall prevail.
      Article 9
      1.   This Protocol shall enter into force 1 month after the day on which the Secretary-General of the Council, in his capacity as its depositary, has established that all the formal requirements have been met as regards the expression of consent by, or on behalf of, the Parties to be bound by this Protocol.
      2.   Articles 1, 4, and Article 5(2)(a) first sentence, of this Protocol and the rights and obligations set out in Articles 3(1) to (4), and Articles 4 to 6 of the Association Agreement shall apply provisionally to Liechtenstein as of the date on which this Protocol is signed.
      3.   With respect to acts or measures adopted after this Protocol has been signed but before it enters into force, the thirty-day period referred to in Article 5(2)(a), last sentence shall start to run from the day of entry into force of this Protocol.
      Article 10
      1.   The provisions referred to in Article 2 shall be put into effect by Liechtenstein on a date to be fixed by the Council, acting by unanimity of its Members representing the governments of those Member States which apply all the provisions referred to in Article 2 after consulting the Mixed Committee and after having satisfied itself that the preconditions for implementation of the relevant provisions have been fulfilled by Liechtenstein.
      The Members of the Council representing the governments of Ireland and the United Kingdom of Great Britain and Northern Ireland respectively shall be involved in taking this decision insofar as it relates to the provisions of the Schengen acquis and the acts based on it or related to it in which those Member States participate.
      The Members of the Council representing the governments of the Member States to which, in accordance with their Treaty of Accession, only some of the provisions referred to in Article 2 apply shall be involved in taking this decision insofar as it relates to the provisions of the Schengen acquis that are already applicable to their respective Member States.
      2.   Implementation of the provisions referred to in paragraph 1 shall create rights and obligations between Switzerland and Liechtenstein, of the one part and between Liechtenstein, and, the European Union, the European Community and the Member States, as appropriate, insofar as they are bound by these provisions, of the other part.
      3.   This Protocol shall be applied only if the Agreements to be concluded by Liechtenstein and referred to in Article 13 of the Association Agreement are implemented.
      4.   Moreover, this Protocol shall be applied only if the Protocol between 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 Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland is also implemented.
      Article 11
      1.   This Protocol may be denounced by Liechtenstein or by Switzerland or by decision of the Council acting by unanimity of its Members. The depositary shall be notified of denunciation, which shall take effect 6 months after notification.
      2.   In case of denunciation by Switzerland of this Protocol or of the Association Agreement, or in case of the termination of the Association Agreement with respect to Switzerland, the Association Agreement and this Protocol shall remain in force with respect to the relations between the European Union and the European Community on the one part and Liechtenstein on the other part. In such a case, the Council shall decide, after consulting Liechtenstein, on the necessary measures. However, those measures shall be binding upon Liechtenstein only if Liechtenstein accepts them.
      3.   This Protocol shall be considered to have been terminated if Liechtenstein terminates one of the agreements referred to in Article 13 of the Association Agreement that have been concluded by Liechtenstein or terminates the Protocol referred to in Article 10(4).
      Article 12
      This Protocol shall be drawn up in triplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
      In witness whereof, the undersigned plenipotentiaries have hereunto set their hands.

         Съставено в Брюксел на двадесет и осми февруари две хиляди и осма година.
         Hecho en Bruselas, el veintiocho de febrero de dos mil ocho.
         V Bruselu dne dvacátého osmého února dva tisíce osm.
         Udfærdiget i Bruxelles den otteogtyvende februar to tusind og otte.
         Geschehen zu Brüssel am achtundzwanzigsten Februar zweitausendacht.
         Kahe tuhande kaheksanda aasta veebruarikuu kahekümne kaheksandal päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Φεβρουαρίου δύο χιλιάδες οκτώ.
         Done at Brussels on the twenty-eighth day of February in the year two thousand and eight.
         Fait à Bruxelles, le vingt-huit février deux mille huit.
         Fatto a Bruxelles, addì ventotto febbraio duemilaotto.
         Briselē, divtūkstoš astotā gada divdesmit astotajā februārī.
         Priimta du tūkstančiai aštuntų metų vasario dvidešimt aštuntą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-nyolcadik év február huszonnyolcadik napján.
         Magħmul fi Brussell, fit-tmienja u għoxrin jum ta’ Frar tas-sena elfejn u tmienja.
         Gedaan te Brussel, de achtentwintigste februari tweeduizend acht.
         Sporządzono w Brukseli dnia dwudziestego ósmego lutego roku dwa tysiące ósmego.
         Feito em Bruxelas, em vinte e oito de Fevereiro de dois mil e oito.
         Încheiat la Bruxelles, la douăzeci și opt februarie în anul două mii opt.
         V Bruseli dňa dvadsiateho ôsmeho februára dvetisícosem.
         V Bruslju, dne osemindvajsetega februarja leta dva tisoč osem.
         Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä helmikuuta vuonna kaksituhattakahdeksan.
         Som skedde i Bryssel den tjugoåttonde februari tjugohundraåtta.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā
            Europos Sajungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            På Europeiska unionens vägnar

            За Европейската общност
            Por la Comunidad Europea
            Za Evropské společenství
            For Det Europæiske Fællesskab
            Für die Europäische Gemeinschaft
            Euroopa Ühenduse nimel
            Για την Ευρωπαϊκή Κοινότητα
            For the European Community
            Pour la Communauté européenne
            Per la Comunità europea
            Eiropas Kopienas vārdā
            Europos bendrijos vardu
            Az Európai Közösség részéről
            Għall-Komunità Ewropea
            Voor de Europese Gemeenschap
            W imieniu Wspólnoty Europejskiej
            Pela Comunidade Europeia
            Pentru Comunitatea Europeană
            Za Európske spoločenstvo
            Za Evropsko skupnost
            Euroopan yhteisön puolesta
            På Europeiska gemenskapens vägnar

            За Конфедерация Швейцария
            Por la Confederación Suiza
            Za Švýcarskou konfederaci
            For Det Schweiziske Forbund
            Für die Schweizerische Eidgenossenschaft
            Šveitsi Konföderatsiooni nimel
            Για την Ελβετική Συνομοσπονδία
            For the Swiss Confederation
            Pour la Confédération Suisse
            Per la Confederazione svizzera
            Šveices Konfederācijas vārdā
            Šveicarijos Konfederacijos vardu
            A Svájci Államszövetség részéről
            Għall-Konfederazzjoni Żvizzera
            Voor de Zwitserse Bondsstaat
            W imieniu Konfederacji Szwajcarskiej
            Pela Confederação Suíça
            Pentru Confederația Elvețiană
            Za Švajčiarskou konfederáciu
            Za Švicarsko konfederacijo
            Sveitsin valaliiton puolesta
            För Schweiziska edsförbundet

            За Княжество Лихтенщайн
            Por el Principado de Liechtenstein
            Za Lichtenštejnské knížectví
            For Fyrstendømmet Liechtenstein
            Für das Fürstentum Liechtenstein
            Liechtensteini Vürstiriigi nimel
            Για το Πριγκιπάτο του Λιχτενστάιν
            For the Principality of Liechtenstein
            Pour la Principauté de Liechtenstein
            Per il Principato del Liechtenstein
            Lihtenšteinas Firstistes vārdā
            Lichtenšteino Kunigaikštystės vardu
            A Liechtensteini Hercegség részéről
            Għall-Prinċipat ta’ Liechtenstein
            Voor het Vorstendom Liechtenstein
            W imieniu Księstwa Liechtensteinu
            Pelo Principado do Liechtenstein
            Pentru Principatul Liechtenstein
            Za Lichtenštajnské kniežatstvo
            Za Kneževino Lihtenštajn
            Liechtensleinin ruhtinaskunnan puolesta
            För Furstendömet Liechtenstein

         (1)  OJ L 53, 27.2.2008, p. 52.

         (2)  OJ L 176, 10.7.1999, p. 36.

         (3)  OJ L 64, 7.3.2002, p. 20 and OJ L 131, 1.6.2000, p. 43, respectively.

         (4)  See page 39 of this Official Journal.

         (5)  Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19).

         ANNEX

            Annex to the protocol 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

         Provisions referred to in Article 2(2), to be applied by Liechtenstein from the date set by the Council in accordance with Article 10:

                     —

                     Council Regulation No 2007/2004/EC 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 (OJ L 349, 25.11.2004, p. 1),

                     —

                     Council Regulation No 2252/2004/EC of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1); Commission Decision of 28 February 2005 laying down the technical specifications on the standards for security features and biometrics in passports and travel documents issued by Member States (C(2005) 409 final) and Commission Decision of 28 June 2006 laying down the technical specifications on the standards for security features and biometrics in passports and travel documents issued by Member States (C(2006) 2909 final),

                     —

                     Council Decision No 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 68, 15.3.2005, p. 44),

                     —

                     Council Decision 2005/719/JHA of 12 October 2005 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 271, 15.10.2005, p. 54),

                     —

                     Council Decision 2005/727/JHA of 12 October 2005 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including the fight against terrorism (OJ L 273, 19.10.2005, p. 25),

                     —

                     Council Decision 2006/228/JHA of 9 March 2006 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including the fight against terrorism (OJ L 81, 18.3.2006, p. 45),

                     —

                     Council Decision 2006/229/JHA of 9 March 2006 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 81, 18.3.2006, p. 46),

                     —

                     Council Decision 2006/631/JHA of 24 July 2006 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 256, 20.9.2006, p. 18),

                     —

                     Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (OJ L 83, 1.4.2005, p. 48),

                     —

                     Commission Decision of 15 December 2005 laying down detailed rules for the implementation of Council Decision 2005/267/EC establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (C(2005) 5159 final),

                     —

                     Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement as regards the reciprocity mechanism (OJ L 141, 4.6.2005, p. 3),

                     —

                     Council Decision 2005/451/JHA of 13 June 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 158, 21.6.2005, p. 26),

                     —

                     Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2005 amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles (OJ L 191, 22.7.2005, p. 18),

                     —

                     Recommendation 2005/761/EC of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research (OJ L 289, 3.11.2005, p. 23),

                     —

                     Commission Decision of 29 September 2005 (2005/687/EC) on the format for the report on the activities of immigration liaison officers networks and on the situation in the host country in matters relating to illegal immigration (OJ L 264, 8.10.2005, p. 8),

                     —

                     Council Decision 2005/728/JHA of 12 October 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 273, 19.10.2005, p. 26),

                     —

                     Regulation (EC) No 2046/2005 of the European Parliament and of the Council of 14 December 2005 relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter Games in Turin (OJ L 334, 20.12.2005, p. 1),

                     —

                     Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1),

                     —

                     Council Decision (2006/440/EC) of 1 June 2006 amending Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual on the fees to be charged corresponding to the administrative costs of processing visa applications (OJ L 175, 29.6.2006, p. 77),

                     —

                     Council Decision (2006/628/EC) of 24 July 2006 fixing the date of application of Article 1(4) and (5) of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism (OJ L 256, 20.9.2006, p. 15),

                     —

                     Commission Decision (2006/648/EC) of 22 September 2006 laying down the technical specifications on the standards for biometric features related to the development of the Visa Information System, (OJ L 267, 27.9.2006, p. 41),

                     —

                     Corrigendum to Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 271, 30.9.2006, p. 85),

                     —

                     Commission Decision (2006/757/EC) of 22 September 2006 on amending the Sirene Manual (OJ L 317, 16.11.2006, p. 1),

                     —

                     Commission Decision (2006/758/EC) of 22 September 2006 on amending the Sirene Manual (OJ L 317, 16.11.2006, p. 41),

                     —

                     Council Decision (2006/684/EC) of 5 October 2006 amending Annex 2, Schedule A, to the Common Consular Instructions on the visa requirements for holders of Indonesian diplomatic and service passports (OJ L 208, 12.10.2006, p. 29),

                     —

                     Commission Decision (2006/752/EC) of 3 November 2006 establishing the sites for the Visa Information System during the development phase (OJ L 305, 4.11.2006, p. 13),

                     —

                     Commission Recommendation of 6 November 2006 establishing a common ‘Practical Handbook for Border Guards (Schengen Handbook)’ to be used by Member States’ competent authorities when carrying out the border control of persons (C(2006) 5186 final),

                     —

                     Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union, (OJ L 386, 29.12.2006, p. 89 and Corrigendum in OJ L 75, 15.3.2007, p. 26),

                     —

                     Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (OJ L 381, 28.12.2006, p. 1),

                     —

                     Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4),

                     —

                     Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1. Corrected version in OJ L 29, 3.2.2007, p. 3),

                     —

                     Council Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 405, 30.12.2006, p. 23. Corrected version in OJ L 29, 3.2.2007, p. 10),

                     —

                     Council Regulation (EC) No 1988/2006 of 21 December 2006 amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 411, 30.12.2006, p.1. Corrected version in OJ L 27, 2.2.2007, p. 3),

                     —

                     Council Decision 2006/1007/JHA of 21 December 2006 amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) (OJ L 411, 30.12.2006, p.78. Corrected version in OJ L 27, 2.2.2007, p. 43),

                     —

                     Commission Decision (2007/170/EC) of 16 March 2007 laying down the network requirements for the Schengen Information System II (1st pillar) (OJ L 79, 20.3.2007, p. 20),

                     —

                     Commission Decision (2007/171/EC) of 16 March 2007 laying down the network requirements for the Schengen Information System II (3rd pillar) (OJ L 79, 20.3.2007, p. 29),

                     —

                     Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (OJ L 144, 6.6.2007, p. 22),

                     —

                     Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 205, 7.8.2007, p. 63),

                     —

                     Council Decision 2007/472/EC of 25 June 2007 amending the Decision of the Executive Committee set up by the 1990 Schengen Convention, amending the Financial Regulation on the costs of installing and operating the technical support function for the Schengen Information System (C.SIS) (OJ L 179, 7.7.2007, p. 50),

                     —

                     Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers (OJ L 199, 31.7.2007, p. 30),

                     —

                     Council Decision 2007/519/EC of 16 July 2007 amending Part 2 of the Schengen consultation network (technical specifications) (OJ L 192, 24.7.2007, p. 26),

                     —

                     Commission Decision (2007/599/EC) of 27 August 2007 implementing Decision No 574/2007/EC of the European Parliament and of the Council as regards the adoption of strategic guidelines for 2007 to 2013 (OJ L 233, 5.9.2007, p. 3),

                     —

                     Council Decision (2007/866/EC) of 6 December 2007 amending Part 1 of the Schengen consultation network (technical specifications) (OJ L 340, 22.12.2007, p. 92).

      FINAL ACT
      The plenipotentiaries
      of the EUROPEAN UNION
      and
      of the EUROPEAN COMMUNITY
      and
      of the SWISS CONFEDERATION
      and
      of the PRINCIPALITY OF LIECHTENSTEIN,
      hereinafter referred to as ‘the Contracting Parties’,
      meeting in Brussels on the twenty-eighth day of February in the year 2008 for the signature of the 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, have adopted the Protocol.
      The plenipotentiaries of the Contracting Parties have taken note of the following Declarations listed below and annexed to this Final Act:

                  —

                  Joint Declaration of the Contracting Parties on the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union,

                  —

                  Joint Declaration of the Contracting Parties on Article 23(7) of the Convention of 29 May 2000 on mutual assistance in criminal matters between Member States of the European Union (1),

                  —

                  Declaration by the European Community and Liechtenstein on external relations,

                  —

                  Declaration by Liechtenstein on mutual assistance in criminal matters,

                  —

                  Declaration by Liechtenstein on Article 5(2)(b),

                  —

                  Declaration by Liechtenstein on the application of the European Convention on Mutual Assistance in Criminal Matters and the European Convention on Extradition,

                  —

                  Declaration by the European Community on the External Borders Fund for the period 2007-2013,

                  —

                  Declaration by the European Commission on the transmission of proposals,

                  —

                  Common Declarations on Joint Meetings.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā
            Europos Sajungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            På Europeiska unionens vägnar

            За Европейската общност
            Por la Comunidad Europea
            Za Evropské společenství
            For Det Europæiske Fællesskab
            Für die Europäische Gemeinschaft
            Euroopa Ühenduse nimel
            Για την Ευρωπαϊκή Κοινότητα
            For the European Community
            Pour la Communauté européenne
            Per la Comunità europea
            Eiropas Kopienas vārdā
            Europos bendrijos vardu
            az Európai Közösség részéről
            Għall-Komunità Ewropea
            Voor de Europese Gemeenschap
            W imieniu Wspólnoty Europejskiej
            Pela Comunidade Europeia
            Pentru Comunitatea Europeană
            Za Európske spoločenstvo
            Za Evropsko skupnost
            Euroopan yhteisön puolesta
            På Europeiska gemenskapens vägnar

            За Конфедерация Швейцария
            Por la Confederación Suiza
            Za Švýcarskou konfederaci
            For Det Schweiziske Forbund
            Für die Schweizerische Eidgenossenschaft
            Šveitsi Konföderatsiooni nimel
            Για την Ελβετική Συνομοσπονδία
            For the Swiss Confederation
            Pour la Confédération suisse
            Per la Confederazione svizzera
            Šveices Konfederācijas vārdā
            Šveicarijos Konfederacijos vardu
            A Svájci Államszövetség részéről
            Għall-Konfederazzjoni Żvizzera
            Voor de Zwitserse Bondsstaat
            W imieniu Konfederacji Szwajcarskiej
            Pela Confederação Suíça
            Pentru Confederația Elvețiană
            Za Švajčiarskou konfederáciu
            Za Švicarsko konfederacijo
            Sveitsin valaliiton puolesta
            För Schweiziska edsförbundet

            За Княжество Лихтенщайн
            Por el Principado de Liechtenstein
            Za Lichtenštejnské knížectví
            For Fyrstendømmet Liechtenstein
            Für das Fürstentum Liechtenstein
            Liechtensteini Vürstiriigi nimel
            Για το Πριγκιπάτο του Λιχτενστάιν
            For the Principality of Liechtenstein
            Pour la Principauté de Liechtenstein
            Per il Principato del Liechtenstein
            Lihtenšteinas Firstistes vārdā
            Lichtenšteino Kunigaikštystės vardu
            A Liechtensteini Hercegség részéről
            Għall-Prinċipat ta’ Liechtenstein
            Voor het Vorstendom Liechtenstein
            W imieniu Księstwa Liechtensteinu
            Pelo Principado do Liechtenstein
            Pentru Principatul Liechtenstein
            Za Lichtenštajnské kniežatstvo
            Za Kneževino Lihtenštajn
            Liechtensleinin ruhtinaskunnan puolesta
            För Furstendömet Liechtenstein

         (1)  OJ C 197, 12.7.2000, p. 1.

         JOINT DECLARATIONS OF THE CONTRACTING PARTIES

            JOINT DECLARATION OF THE CONTRACTING PARTIES ON THE EUROPEAN AGENCY FOR THE MANAGEMENT OF OPERATIONAL COOPERATION AT THE EXTERNAL BORDERS OF THE MEMBER STATES OF THE EUROPEAN UNION
            The Contracting Parties take note that further arrangements shall be concluded for the association of Switzerland and Liechtenstein to the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union following the example of the arrangements agreed with Norway and Iceland.

            JOINT DECLARATION OF THE CONTRACTING PARTIES 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 Liechtenstein 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, require, 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 Liechtenstein in proceedings in which Liechtenstein 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, Liechtenstein 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 EUROPEAN COMMUNITY AND LIECHTENSTEIN ON EXTERNAL RELATIONS
            The European Community and Liechtenstein agree that the European Community undertakes to encourage third countries or international organisations with which it concludes agreements in areas linked to Schengen cooperation, including the visa policy, to conclude similar agreements with the Principality of Liechtenstein, without prejudice to the latter's competence to conclude such agreements.

            DECLARATION BY LIECHTENSTEIN ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
            Liechtenstein declares that tax offences being investigated by the Liechtenstein authorities may not give rise to an appeal before a court competent inter alia to hear criminal matters.

            DECLARATION BY LIECHTENSTEIN ON ARTICLE 5(2)(B)
            (Time limit for accepting new developments in the Schengen acquis)
            The maximum time limit of 18 months laid down in Article 5(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 of 30 days,

                        —

                        where applicable the referendum (organisation and voting),

                        —

                        the sanctioning of the ruling prince.

                  The Government of Liechtenstein shall inform the Council and the Commission without delay of the completion of each of the stages.
            The Government of Liechtenstein undertakes to use every means at its disposal to ensure that the abovementioned stages are completed as swiftly as possible.

            DECLARATION BY LIECHTENSTEIN ON THE APPLICATION OF THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS AND THE EUROPEAN CONVENTION ON EXTRADITION
            Liechtenstein 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 BY THE EUROPEAN COMMUNITY ON THE EXTERNAL BORDERS FUND FOR THE PERIOD 2007-2013
            The European Community is currently establishing an External Borders Fund for the period 2007-2013, for which further arrangements shall be concluded with the third countries associated with the Schengen acquis.

            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 Liechtenstein.
            Participation in Committees that assist the European Commission in the exercise of its executive powers:
            The Council authorised the Commission on 1 June 2006 to open negotiations with the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein with a view to concluding an agreement on the latters’ association with the work of 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.
            Until conclusion of such an agreement, the agreement in the form of an exchange of letters between the Council of the European Union and the Swiss Confederation on the committees that assist the European Commission in the exercise of its executive powers applies to Liechtenstein taking into account that as far as 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 and the free movement of such data (1) is concerned, the participation of Liechtenstein is laid down by Article 100 of the Agreement on the European Economic Area.

            COMMON DECLARATION ON JOINT MEETINGS
            The delegations representing the Governments of the Member States of the European Union,
            The delegation of the European Commission,
            The delegations representing the Governments of the Republic of Iceland and the Kingdom of Norway,
            The delegation representing the Government of the Swiss Confederation,
            The delegation representing the Government of the Principality of Liechtenstein,
            Note that Liechtenstein accedes to the Mixed Committee established by the Agreement on the association of Switzerland with the implementation, application and development of the Schengen acquis by way of a protocol to this Agreement.
            Have decided to organise the meetings of the Mixed Committees, established by the Agreement on the association of Iceland and Norway with the implementation, application and development of the Schengen acquis, on the one hand, and the Agreement on the association of Switzerland with the implementation, application and development of the Schengen acquis as complemented by the Protocol on the association of Liechtenstein, on the other hand, jointly, no matter the level of the meeting.
            Note that holding these meetings jointly calls for pragmatic arrangements regarding the office of presidency of such meetings when that presidency is to be held by the associated States according to the Agreement between the European Union, the European Community and the Swiss Confederation concerning the latter's association with the implementation, application and development of the Schengen acquis as complemented by the Protocol on the association of Liechtenstein or the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter's association with the implementation, application and development of the Schengen acquis.
            Note the wish of the associated States to cede, as necessary, the exercise of their presidencies and rotate it among them in alphabetical order of name as of the entry into force of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the latter's association with the implementation, application and development of the Schengen acquis and as of the entry into force of the Protocol on the association of Liechtenstein.

            (1)  OJ L 281, 23.11.1995, p. 31. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).


title: 2012/614/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/342

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010
   (2012/614/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 - C7-0050/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0113/2012),

               1.

               Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 368, 16.12.2011, p. 24.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

      (4)  OJ L 357, 31.12.2002, p. 72.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

                  —

                  having regard to the Council’s recommendation of 21 February 2012 (06086/2012 - C7-0050/2012),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 thereof,

                  —

                  having regard to the Financial Regulation of the European Joint Undertaking for ITER and the Development of Fusion Energy, adopted by decision of 22 October 2007 of the Joint Undertaking’s Governing Board (hereinafter ‘ITER Financial Regulation’),

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0113/2012),

                  A.

                  whereas the European Joint Undertaking for ITER and the Development of Fusion Energy (‘the Joint Undertaking’) was set up in March 2007 for a period of 35 years,

                  B.

                  whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  C.

                  whereas the ITER Financial Regulation is based on the framework Financial Regulation, which was recently amended to bring it into line with changes made to the general Financial Regulation,

                  D.

                  whereas on 9 October 2008 the Court of Auditors delivered Opinion No 4/2008 on the ITER Financial Regulation,

                  E.

                  whereas the Joint Undertaking started to work autonomously on 18 March 2008,

                  F.

                  whereas at the creation of the Joint Undertaking the indicative total resources deemed necessary for the period 2007 to 2014 were EUR 9 653 000 000,

                  G.

                  whereas the final budget of the Joint Undertaking for the financial year 2010 included commitment appropriations of EUR 444 100 000 and payment appropriations of EUR 241 700 000,

         Budget and financial management

                  1.

                  Notes that in January 2010 the Governing Board accepted the resignation of the Joint Undertaking’s first Director;

                  2.

                  Notes with concern that the Court of Auditors draws attention to the requirement for substantially increased resources for the ITER project compared to the indicative total resources deemed necessary for the period 2007-2014;

                  3.

                  Notes that the budget of the Joint Undertaking for the financial year 2010 was initially adopted for the collective amount of EUR 447 440 000 in commitment appropriations and EUR 254 900 000 in payment appropriations; understands from the Joint Undertaking’s Final Accounts that its 2010 budget has been amended twice; acknowledges in particular that the purpose of the two amending budgets was fourfold:

                              —

                              to decrease by EUR 3 300 000 the Euratom administrative contribution in view to reaching full accordance between the initial Joint Undertaking’s budget and the Union’s general budget for 2010,

                              —

                              to update the ITER Host State Contribution: a debit note for the full amount provided for in the budget of EUR 13 600 000 was issued for the payment of the 2010 French contribution; on the basis of a real forecast in payment, EUR 8 000 000 have been cashed in 2010,

                              —

                              to update the membership contributions: the Joint Undertaking received a complement to the 2009 membership contributions but Italy and Hungary did not pay their contributions related to the 2010 budget, despite several reminders,

                              —

                              to record other additional revenues made of bank interest on the French contribution (EUR 104 506,54), interest on the ‘current account’ (EUR 34 629,49), and reimbursement from the Translation Centre for the Bodies of the European Union (EUR 1 389,00);

                  4.

                  Takes note from comments by the Joint Undertaking that it has implemented 99,9 % of its 2010 budget in terms of commitment appropriations; is however concerned with the delays in implementing activities which resulted in a utilisation rate for payment appropriations of only 63,4 %;

                  5.

                  Acknowledges with concern that carry-overs from 2009 amounted to EUR 106 800 000 in commitment appropriations and EUR 52 200 000 in payment appropriations and that these appropriations are mainly accruing from the ITER host state and assigned to the ITER construction;

                  6.

                  Notes from the Joint Undertaking’s Final Accounts that in 2010 cancelled commitment and payment appropriations for administrative expenditure amounted to EUR 1 090 550,73 while cancelled payment appropriations for operational expenditure amounted to EUR 50 713 452,82;

                  7.

                  Underlines with concern the high cash balance, which amounted to EUR 78 800 000 at the end of the year representing 26,8 % of the available payment appropriations in 2010;

         Procurement and grants

                  8.

                  Notes from the Joint Undertakings’ 2010 Annual Activity Report (AAR) that a total of 44 procurement contracts were awarded for a total value of EUR 826 000 000; notes, in particular, that 42 operational procurement procedures were initiated, 43 procurement evaluations were completed and 43 procurement contracts were signed; also establishes from the AAR that the Joint Undertaking issued a total of five administrative procurement procedures, awarded seven administrative procurement contracts for a total value of EUR 6 000 000 and signed six procurement contracts;

                  9.

                  Ascertains that a total of 16 grant procedures were issued, 21 evaluations were completed, 23 agreements were awarded and 29 agreements were signed;

                  10.

                  Acknowledges that the Court of Auditors tested a sample of nine procurement and six grant award procedures; is concerned that, out of the nine procurement procedures audited, three of them received only one offer; is furthermore concerned that for the grants, the average number of proposals received was only one per call; urges the Joint Undertaking to develop an Action Plan with concrete measures and deadlines to maximise competition and to follow the value-for-money principle in the call preparation, publication, evaluation and contract management phases;

                  11.

                  Notes that the controls applied by the Joint Undertaking before payments are made under grant agreements are not sufficiently documented to provide assurance regarding compliance with the financial requirements and the eligibility of the underlying costs; underlines that the Internal Auditor of the Joint Undertaking has also noted that the ex-ante control approach for payments of cost claims is not effective and not well prepared to process cost claims; calls on the Joint Undertaking to take the necessary measures to reinforce controls before payments are executed and to keep the discharge authority informed on this matter;

                  12.

                  Notes that the list of contracts and grant beneficiaries is not publicly available on the Joint Undertaking’s website and is concerned by this lack of transparency; calls, therefore, on the Joint Undertaking to follow the examples set by the Joint Undertakings Clean Sky, FCH, IMI and SESAR and to update its website with a complete list of contracts and grants beneficiaries for 2010 as well as for the previous financial years;

         Internal control systems

                  13.

                  Notes with concern that the Joint Undertaking’s internal control systems have not yet been fully established and implemented as required by its Financial Regulation; further regrets that concerns have been voiced on the financial circuits and the separation of duties; recognises that a new organisational structure became operational on 1 January 2011; notes however that the responsibility for the financial circuits has still not been fully assigned and that Joint Undertaking’s key posts were still vacant;

                  14.

                  Calls on the Joint Undertaking to validate the business processes that provide financial information to the accounting systems (ABAC and SAP); further urges the Joint Undertaking to put in place an appropriate tool for the management of the operational contracts integrated with the budget and financial reporting systems;

                  15.

                  Appreciates that the Joint Undertaking set up an Audit Committee reporting directly to the Governing Board as requested by the discharge authority;

                  16.

                  Notes that the Joint Undertaking has started to develop an ex-post audit strategy aiming to assess the legality and regularity of the underlying transactions, to be implemented in 2012; underlines that the Joint Undertaking started to work autonomously on March 2008;

         Internal audit

                  17.

                  Takes note that the Joint Undertaking’s Financial Rules have not yet been amended to include the provision referring to the powers of the Commission’s internal auditor regarding the general budget as a whole;

                  18.

                  Notes however that the Commission and the Joint Undertaking have taken action to ensure that the respective operational roles of the Commission’s Internal Audit Service and the Joint Undertaking’s internal auditing function are clearly defined;

         Late payment of membership contributions and Host State agreement

                  19.

                  Considers it to be essential that the deadline for paying membership contributions is respected by all Members of the Joint Undertaking; notes that measures were approved by the Governing Board for interest to be levied on Annual Membership Contribution in the event of late payment;

                  20.

                  Recognises that, although a host agreement on the site and support, privileges and immunities was signed between the Kingdom of Spain and the Joint Undertaking, the permanent premises were yet not made available to the Joint Undertaking; notes however that the Joint Undertaking occupies temporary premises sponsored by the Kingdom of Spain;

         Horizontal observations on the Joint Undertakings

                  21.

                  Underlines that seven Joint Undertakings have so far been established by the Commission under Article 187 of the Treaty on the Functioning of the European Union; notes that six Joint Undertakings (IMI, Artemis, ENIAC, Clean Sky, FCH and ITER-F4E) are in the research area under the Commission’s DGs RTD and INFSO and one is charged with developing the new air traffic management system (SESAR) in the transport domain whose activities are supervised by DG MOVE;

                  22.

                  Notes that the total indicative resources deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 21 793 000 000;

                  23.

                  Notes that the total Union contribution deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 11 489 000 000;

                  24.

                  Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 505 000 000;

                  25.

                  Calls on the Commission to provide the discharge authority annually with consolidated information on the total annual funding per Joint Undertaking made from the general budget of the Union in order to ensure transparency and clarity on the use of the Union’s funds and restore trust among the European taxpayers;

                  26.

                  Welcomes the initiative of Artemis to include information in its AAR on the monitoring and review of its ongoing projects; believes this is a practice that should be followed by the other Joint Undertakings;

                  27.

                  Recalls that Joint Undertakings are public-private partnerships and that as a consequence public and private interests are intertwined; is of the opinion that under the circumstances the likelihood of conflicts of interest should not be dismissed but addressed properly; calls therefore on the Joint Undertakings to inform the discharge authority on the verification mechanisms which exist in their respective structures to enable a proper management and prevention of conflicts of interest;

                  28.

                  Notes, with the notable exception of the Joint Undertaking for ITER and the Development of Fusion Energy, that Joint Undertakings are relatively small structures and geographically-concentrated; believes therefore that they should pool their resources where possible;

                  29.

                  Calls on the Court of Auditors to provide the discharge authority with a follow-up on the comments it has made for each of the Joint Undertakings in their respective report on the annual accounts for the financial year 2011;

                  30.

                  Invites the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament, on the added value of the establishment of the Joint Undertakings for the efficient execution of Union research, technological development and demonstration programmes; further notes that the same report should include an assessment of the effectiveness of the Joint Undertakings’ establishment.

         (1)  OJ C 368, 16.12.2011, p. 24.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 90, 30.3.2007, p. 58.

         (4)  OJ L 357, 31.12.2002, p. 72.


title: 2013/554/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Agency for the Cooperation of Energy Regulators for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Agency for the Cooperation of Energy Regulators for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/161

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Agency for the Cooperation of Energy Regulators for the financial year 2011
   (2013/554/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (4), and in particular Article 24 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0068/2013),

               1.

               Grants the Director of the European Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Agency for the Cooperation of Energy Regulators, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 211, 14.8.2009, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Agency for the Cooperation of Energy Regulators for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (4), and in particular Article 24 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0068/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Agency for the Cooperation of Energy Regulators (‘the Agency’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas the Agency moved from Brussels to its seat in Ljubljana, Slovenia, on 1 February 2011, officially started its activities on 3 March 2011, and achieved financial autonomy on 8 March 2011,

                  C.

                  whereas the overall budget of the Agency for 2011 was EUR 4 792 345; whereas the contribution of the Union to the budget of the Agency for 2011 amounted to EUR 4 362 607,98 (6),

         Budgetary and financial management

                  1.

                  Recalls that the initial Union contribution was EUR 4 362 607,98 in 2011; notes that this was the first year that the Agency was financially autonomous;

                  2.

                  Observes from the annual accounts that the Agency’s initial 2011 budget amounted to EUR 5 119 000 (including EUR 119 000 for the European Free Trade Association contribution);

                  3.

                  Establishes from the annual accounts that appropriations were committed at a rate of 67 %, while payments reached a level of 74 % of the total appropriations managed;

         Carry-over appropriations

                  4.

                  Notes with concern the Court of Auditors’ observation that the high level of appropriations not used and carry-overs, as well as the low level of payments, indicate shortcomings in budget planning and implementation and are at odds with the budgetary principle of annuality;

                  5.

                  Accepts the Agency’s explanation that during its first operational year, it had to recruit most of its staff, which resulted in the delayed commencement of opened positions, thus having a significant impact on the Agency’s budget implementation rate, as well as estimations of procurement needs, which led to a concentration of procurement procedures towards the end of the year; understands that this, in turn, resulted in a high level of carry-forwards in order to honour the signed legal and budgetary commitments;

                  6.

                  Takes note of the Agency’s statement that it is now in a much better position to implement its assigned tasks and the corresponding budget, and requires it to follow up this issue, and to report on it to the discharge authority;

         Irregular payments

                  7.

                  Notes with concern that in 2011, the Agency paid subsistence allowances amounting to EUR 10 839 to seconded experts who were nationals of the State where the Agency is situated, and that those payments conflicted with the Rules on the Secondment of National Experts adopted by the Administrative Board of the Agency, which provide for the granting of such allowances only to temporary agents who are not nationals of the Member State where they are employed;

                  8.

                  Notes that the Agency had already stopped the payment of allowances in such cases; nevertheless, given the irregular nature of those payments, requests the Agency to follow up the issue, to explore the possibilities to recover the subsistence allowances unduly paid, and to report on this issue to the discharge authority;

         Recruitment procedures

                  9.

                  Notes the observation of the Court of Auditors that there is room to improve the transparency of recruitment procedures; requests that the Agency follow up this issue and report on actions taken to the discharge authority; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; therefore encourages the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  10.

                  Points out that although the recruitment of permanent staff has now been concluded, the Agency is short of capacity in terms of seconded national experts, and that doubts remain about the technical competence of some of the staff, potentially generating uncertainty around the Agency’s work; requests that the Agency follow up this issue and report to the discharge authority on actions taken;

                  11.

                  Urges the Agency to improve its cooperation with national regulators, particularly in order to ensure that its work is organised according to efficient principles and to establish a permanent headquarters, thus allowing both the Agency and national regulators to make substantial savings and to resolve the incipient problems of transport and limited resources;

                  12.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 1.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 298, 26.10.2012, p. 1.

         (4)  OJ L 211, 14.8.2009, p. 1.

         (5)  OJ L 357, 31.12.2002, p. 72.

         (6)  ACER Annual Activity report 2011, p. 85-91.

         (7)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).