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18.6.2011 Official
Journal
of
the
European
Union L
160/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
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,
(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.
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)
(3)
As a consequence of the entry into force of the Treaty of
thereof,
Lisbon on 1 December 2009, the European Union has
replaced and succeeded the European Community.
Having regard to the proposal from the European Commission,
(4) The
Protocol
should
be
approved.
(5)
As far as the development of the Schengen acquis is
Having regard to the consent of the European Parliament,
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 of
( 1 ) Council Decision 2008/261/EC of 28 February 2008 on the
signature, on behalf of the European Community, and on the provi
Whereas:
sional 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 Princi
pality 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).
(1) Following the authorisation given to the Presidency,
(
assisted by the Commission, on 27 February 2006,

2 ) Council Decision 2008/262/JHA of 28 February 2008 on the
signature, on behalf of the European Union, and on the provisional
negotiations with the Principality of Liechtenstein and
application of certain provisions of the Protocol between the
the Swiss Confederation of a Protocol on the accession
European Union, the European Community, the Swiss Confederation
of Liechtenstein to the Agreement between the European
and the Principality of Liechtenstein on the accession of the Princi
Union, the European Community and the Swiss Confed
pality of Liechtenstein to the Agreement between the European
eration on the Swiss Confederation’s association with the
Union, the European Community and the Swiss Confederation on
the Swiss Confederation’s association with the implementation,
implementation, application and development of the
application and development of the Schengen acquis (OJ L 83,
Schengen acquis have been finalised.
26.3.2008, p. 5).

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L 160/2
EN
Official Journal of the European Union
18.6.2011
17 May 1999 on certain arrangements for the appli
The texts of the Protocol and the related documents are
cation of the Agreement concluded by the Council of
attached to this Decision.
the European Union and the Republic of Iceland and
the Kingdom of Norway concerning the association of
Article 2
those two States with the implementation, application
and development of the Schengen acquis (
This decision applies to the fields covered by the provisions

1 ) applicable,
mutatis mutandis, to the relations with Liechtenstein.
listed in Article 2(1) and (2) of the Protocol and to their devel
opment to the extent that such provisions are listed in
Decisions 2000/365/EC and 2002/192/EC.
(6) The
United
Kingdom
is
taking
part
in
this
Decision
in
Article 3
accordance with Article 5(1) of the Protocol on the
Schengen acquis integrated into the framework of the
The provisions of Articles 1 to 4 of Decision 1999/437/EC shall
European Union, annexed to the Treaty on European
apply, in the same way, to the association of Liechtenstein with
Union and to the Treaty on the Functioning of the
the implementation, application and development of the
European Union, and Article 8(2) of Council Decision
Schengen acquis.
2000/365/EC of 29 May 2000 concerning the request
of the United Kingdom of Great Britain and Northern
Article 4
Ireland to take part in some of the provisions of the
The President of the Council is hereby authorised to designate
Schengen acquis ( 2 ).
the person empowered to deposit on behalf of the European
Union the Instrument of approval provided for in Article 9 of
(7) Ireland
is
taking
part
in
this
Decision
in
accordance
with the Protocol, in order to express the consent of the European
Article 5(1) of the Protocol on the Schengen acquis inte
Union to be bound, and make the following notification:
grated into the framework of the European Union,
annexed to the Treaty on European Union and to the
‘As a consequence of the entry into force of the Treaty of
Treaty on the Functioning of the European Union, and
Lisbon on 1 December 2009, the European Union has
Article 6(2) of Council Decision 2002/192/EC of
replaced and succeeded the European Community and from
28 February 2002 concerning Ireland’s request to take
that date exercises all rights and assumes all obligations of
part in some of the provisions of the Schengen acquis ( 3 ).
the European Community. Therefore, references to “the
European Community” in the Protocol as well as in the
(8) This
Decision
does
not
prejudice
the
position
of
Agreement are, where appropriate, to be understood as to
Denmark under the Protocol on the Position of
“the European Union”.’
Denmark, annexed to the Treaty on European Union
and to the Treaty on the Functioning of the European
Article 5
Union,
This Decision shall enter into force on the day of its adoption.
HAS ADOPTED THIS DECISION:
Article 6
Article 1
This Decision shall be published in the Official Journal of the
European Union.
The Protocol between the European Union, the European
Community, the Swiss Confederation and the Principality of
Liechtenstein on the accession of the Principality of Liech
tenstein to the Agreement between the European Union, the
Done at Brussels, 7 March 2011.
European Community and the Swiss Confederation on the
Swiss Confederation’s association with the implementation,
For the Council
application and development of the Schengen acquis and
related documents are hereby approved on behalf of the
The President
European Union.
CZOMBA S.
( 1 ) OJ L 176, 10.7.1999, p. 31.
( 2 ) OJ L 131, 1.6.2000, p. 43.
( 3 ) OJ L 64, 7.3.2002, p. 20.

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