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16.12.2011 Official
Journal
of
the
European
Union L
334/27
DECISIONS
COUNCIL DECISION
of 13 December 2011
on the full application of the provisions of the Schengen acquis in the Principality of Liechtenstein
(2011/842/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) On
13
December
2011,
the
Council
concluded
that
the
conditions in each of the areas mentioned had been
fulfilled by the Principality of Liechtenstein.
Having regard to the Protocol between the European Union, the
European Community, the Swiss Confederation and the Princi
pality of Liechtenstein on the accession of the Principality of
Liechtenstein to the Agreement between the European Union,
(5)
It is possible to set the date for the application of the
the European Community and the Swiss Confederation on the
Schengen acquis in full by the Principality of Liech
Swiss Confederation’s association with the implementation,
tenstein, that is to say the date from which checks on
application and development of the Schengen acquis ( 1 ) and in
persons at the internal borders with the Principality of
particular Article 10(1) thereof,
Liechtenstein should be lifted.
Whereas:
(6) From that date, the restrictions on the use of the
Schengen Information System, provided for in Decision
2011/352/EU, should be lifted.
(1) Article
10(1)
of
the
said
Protocol
provides
for
the
provisions of the Schengen acquis to be put into effect
for the Principality of Liechtenstein pursuant to a
decision of the Council to that effect after the Council
has satisfied itself that the necessary conditions for the
(7) In
accordance
with
Article
15
of
the
Agreement
between
the European Community and the Swiss Confederation
implementation of that acquis have been fulfilled by
concerning the criteria and mechanisms for establishing
Liechtenstein.
the State responsible for examining a request for asylum
lodged in a Member State or in Switzerland ( 4 ) and with
Article 8 of the Protocol between the European
Community, the Swiss Confederation and the Principality
(2) The
Council,
having
verified
that
the
preconditions
for
of Liechtenstein on the accession of the Principality of
the application of the data protection part of the
Liechtenstein to the Agreement between the European
Schengen acquis concerned had been fulfilled by the Prin
Community and the Swiss Confederation concerning
cipality of Liechtenstein, rendered, by Decision
the criteria and mechanisms for establishing the State
2011/352/EU ( 2 ), provisions of the Schengen acquis
responsible for examining a request for asylum lodged
relating to the Schengen Information System applicable
in a Member State or in Switzerland ( 5 ), the latter
to the Principality of Liechtenstein from 9 June 2011.
Agreement has been implemented from 7 March 2011.
(3) The
Council
has
verified,
in
accordance
with
the
applicable Schengen evaluation procedures as set out in
(8) The
Agreement
between
the
Principality
of
Liechtenstein
the Decision of the Executive Committee of
and the Kingdom of Denmark concerning the implemen
16 September 1998 setting up a Standing Committee
tation, application and development of the Schengen
on the evaluation and implementation of Schengen
acquis that are based on provisions under Title V of the
(SCH/Com-ex (98) 26 def.) ( 3 ), whether the necessary
Treaty on the Functioning of the European Union, signed
conditions for the application of the Schengen acquis
at Brussels on 18 March 2011, stipulates that it shall be
have been met in all other areas of the Schengen acquis
put into effect on the same date as the provisions
in the Principality of Liechtenstein.
referred to in Article 2 of the Protocol are put into
effect for the Principality of Liechtenstein.
( 1 ) OJ L 160, 18.6.2011, p. 21.
( 2 ) OJ L 160, 18.6.2011, p. 84.
( 4 ) OJ L 53, 27.2.2008, p. 5.
( 3 ) OJ L 239, 22.9.2000, p. 138.
( 5 ) OJ L 160, 18.6.2011, p. 39.

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L 334/28
EN
Official Journal of the European Union
16.12.2011
(9) In
accordance
with
the
second
subparagraph
of its relations with the Kingdom of Belgium, the Czech
Article 15(1) of the Agreement between the European
Republic, the Kingdom of Denmark, the Federal Republic of
Union, the European Community and the Swiss Confed
Germany, the Republic of Estonia, the Hellenic Republic, the
eration on the Swiss Confederation’s association with the
Kingdom of Spain, the French Republic, the Italian Republic,
implementation, application and development of the
the Republic of Latvia, the Republic of Lithuania, the Grand
Schengen acquis ( 1 ) and as a result of the partial appli
Duchy of Luxembourg, Hungary, Malta, the Kingdom of the
cation of the Schengen acquis by the United Kingdom of
Netherlands, the Republic of Austria, the Republic of Poland,
Great Britain and Northern Ireland provided for in
the Portuguese Republic, the Republic of Slovenia, the Slovak
Council Decision 2004/926/EC of 22 December 2004
Republic, the Republic of Finland, and the Kingdom of Sweden
on the putting into effect of parts of the Schengen
as from 19 December 2011.
acquis by the United Kingdom of Great Britain and
Northern Ireland
( 2 ),and in particular the first
subparagraph of Article 1 thereof, only part of the
All restrictions on the use of the Schengen Information System
provisions of the Schengen acquis applicable to the Prin
by the Member States referred to in the first subparagraph shall
cipality of Liechtenstein in its relations with Member
be lifted as from the same date.
States applying the Schengen acquis in full is to apply
in the relations of the Principality of Liechtenstein with
the United Kingdom of Great Britain and Northern
2. The
provisions
of
the
Schengen acquis put into effect by
Ireland.
the United Kingdom of Great Britain and Northern Ireland on
the basis of Article 1 of Decision 2004/926/EC and any act
constituting a further development of one or more of those
(10) In accordance with the third subparagraph of
provisions, shall apply to the Principality of Liechtenstein, in
Article 15(1) of the Agreement between the European
its relations with the United Kingdom of Great Britain and
Union, the European Community and the Swiss Confed
Northern Ireland as from 19 December 2011.
eration on the Swiss Confederation’s association with the
implementation, application and development of the
Schengen acquis and as a result of the partial application
3. The
provisions
of
the
Schengen acquis applicable to the
of the Schengen acquis by the Republic of Cyprus, on the
Republic of Cyprus on the basis of Article 3(1) of the 2003 Act
basis of Article 3(2) of the 2003 Act of Accession, and
of Accession, and to the Republic of Bulgaria and Romania, on
the Republic of Bulgaria and Romania, on the basis of
the basis of Article 4(1) of the 2005 Act of Accession, and any
Article 4(2) of the 2005 Act of Accession, only the part
act constituting a further development of any of those
of the Schengen acquis applicable in these Member States
provisions, shall apply to the Principality of Liechtenstein in
should also be applicable to the Principality of Liech
its relations with the Republic of Cyprus, the Republic of
tenstein in its relations with these Member States,
Bulgaria and Romania as from19 December 2011.
HAS ADOPTED THIS DECISION:
Article 2
This Decision shall enter into force on the day of its publication
Article 1
in the Official Journal of the European Union.
1. All the provisions referred to in Annexes A and B to the
Agreement between the European Union, the European
Done at Brussels, 13 December 2011.
Community and the Swiss Confederation on the Swiss Confed
eration’s association with the implementation, application and
development of the Schengen acquis and all the provisions listed
For the Council
in the Annex to the Protocol to that Agreement and any act
constituting a further development of one or more of these
The President
provisions, shall apply to the Principality of Liechtenstein, in
M. CICHOCKI
( 1 ) OJ L 53, 27.2.2008, p. 52.
( 2 ) OJ L 395, 31.12.2004, p. 70.

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