Arrangement EU/Switzerland on the modalities of its participation in the European Asylum Support Office

PURPOSE: to conclude the Arrangement with Switzerland on the modalities of its participation in the European Asylum Support Office.

NON-LEGISLATIVE ACT: Council Decision (EU) 2016/350 on the conclusion of the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office.

CONTENT: under this Council Decision, the Arrangement between the European Union and Switzerland on the modalities of its participation in the European Asylum Support Office is hereby approved on behalf of the Union. The Arrangement was signed on 11 February 2014, subject to its conclusion.

To recall, Regulation (EU) No 439/2010 of the European Parliament and of the Council states that, to fulfil its purpose, the European Asylum Support Office, should be open to participation by countries which have concluded agreements with the EU by virtue of which they have adopted and apply EU law in the field covered by the Regulation, in particular, Iceland, Liechtenstein, Norway and Switzerland (associate countries).

Switzerland has concluded agreements with the EU, by virtue of which it has adopted and applies EU law in the field covered by the Regulation, in particular 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.

Under this Arrangement, Switzerland shall:

• participate fully in the work of the Support Office and be entitled to receive support actions from the Support Office;
• be represented in the Management Board of the Support Office as an observer without the right to vote;
• contribute to the revenue of the Support Office an annual sum calculated in accordance with its Gross Domestic Product (GDP) as a percentage of the GDP of all participating States;
• apply its national rules concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data;
• respect the rules on confidentiality of documents held by the Support Office;
• recognise the jurisdiction of the Court of Justice of the European Union over the Support Office.

A Committee, composed of representatives of the European Commission and Switzerland, shall monitor the proper implementation of this Arrangement and ensure a continuous process of information provision and exchange of views in this respect.

Ireland and the United Kingdom shall participate in this Decision while Denmark shall not take part nor shall it be bound by it or subject to its application.

ENTRY INTO FORCE: 25.2.2016.