PURPOSE: to conclude the Protocol between the EU, the EC, the Swiss Confederation and Liechtenstein on the accession of Liechtenstein to the Agreement between the EU, the EC and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons.
NON-LEGISLATIVE ACT: Council Decision 2011/350/EU on the conclusion of the Protocol between the EU, the EC, the Swiss Confederation and Liechtenstein on the accession of Liechtenstein to the Agreement between the EU, the EC and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons.
BACKGROUND: following the authorisation given to the Commission on 27 February 2006, negotiations with Liechtenstein and the Swiss Confederation of a Protocol on the accession of Liechtenstein to the Agreement between the EU, the EC and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis have been finalised. Subject to its conclusion at a later date, the Protocol was signed on behalf of the European Community on 28 February 2008. The Protocol should now be approved on behalf of the EU (which replaced and succeeded the European Community with the entry into force of the Lisbon Treaty on 1 December.)
CONTENT: this Decision approves, on behalf of the EU, the Protocol between the EU, the EC, the Swiss Confederation and Liechtenstein on the accession of Liechtenstein to the Agreement between the EU, the EC and the Swiss Confederation on the latter’s association with the implementation, application and development of the Schengen acquis and related documents.
It is recalled that on 26 October 2004, the European Union, the European Community and the Swiss Confederation signed an Agreement on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (Schengen agreement). That Agreement (see CNS/2004/0199) anticipated Liechtenstein’s possible association with the Schengen acquis.
This Decision aims to conclude that Agreement.
With regard to the abolition of checks at internal borders and movement of persons, the content of the Protocol completes the Protocol attached to Council Decision 2011/349/EU, the summary of which may be found with the legislative act of 7 March 2011.
Territorial provisions: in accordance with the relevant provisions of the Treaty, the United Kingdom and Ireland are not taking part in this Decision. The 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. Norway and Iceland are associated with the Decision.
ENTRY INTO FORCE: the Decision enters into force on 7 March 2011. The Protocol enters into force on 7 April 2011.