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18.6.2011 Official
Journal
of
the
European
Union L
160/19
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 to the abolition
of checks at internal borders and movement of persons
(2011/350/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5)
As far as the development of the Schengen acquis is
concerned, which falls under Part Three, Title V of the
Having regard to the Treaty on the Functioning of the European
Treaty on the Functioning of the European Union, it is
Union, and in particular Articles 16 and 74, Article 77(2) and
appropriate to make Council Decision 1999/437/EC of
Article 79(2)(a) and (c), in conjunction with Article 218(6)(a),
17 May 1999 on certain arrangements for the appli
thereof,
cation 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
Having regard to the proposal of the European Commission,
those two States with the implementation, application
and development of the Schengen acquis ( 3 ) applicable,
Having regard to the consent of the European Parliament,
mutatis mutandis, to the relations with Liechtenstein.
Whereas:
(6) This
Decision
constitutes
a
development
of
provisions
of
the Schengen acquis in which the United Kingdom does
(1) Following
the
authorisation
given
to
the
Commission
on
not take part, in accordance with Council Decision
27 February 2006, negotiations with the Principality of
2000/365/EC of 29 May 2000 concerning the request
Liechtenstein and the Swiss Confederation of a Protocol
of the United Kingdom of Great Britain and Northern
on the accession of Liechtenstein to the Agreement
Ireland to take part in some of the provisions of the
between the European Union, the European
Schengen acquis ( 4 ); the United Kingdom is therefore
Community and the Swiss Confederation on the Swiss
not taking part in its adoption and is not bound by it
Confederation’s association with the implementation,
or subject to its application.
application and development of the Schengen acquis
have been finalised.
(7) This
Decision
constitutes
a
development
of
provisions
of
(2) In
accordance
with
Council
Decisions
2008/261/EC
( 1 )
the Schengen acquis in which Ireland does not take part,
and 2008/262/JHA ( 2 ), and subject to its conclusion at
in accordance with Council Decision 2002/192/EC of
a later date, the Protocol was signed on behalf of the
28 February 2002 concerning Ireland’s request to take
European Community on 28 February 2008.
part in some of the provisions of the Schengen acquis ( 5 );
Ireland is therefore not taking part in its adoption and is
not bound by it or subject to its application.
(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.
(8) This
Decision
does
not
prejudice
the
position
of
Denmark under the Protocol on the Position of
(4) This
Protocol
should
be
approved.
Denmark, annexed to the Treaty on European Union
and to the Treaty on the Functioning of the European
( 1 ) Council Decision 2008/261/EC of 28 February 2008 on the
Union,
signature, on behalf of the European Community, and on the provi
sional application of certain provisions of the Protocol between the
European Union, the European Community, the Swiss Confederation
HAS ADOPTED THIS DECISION:
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
Article 1
the Swiss Confederation’s association with the implementation,
application and development of the Schengen acquis (OJ L 83,
The Protocol between the European Union, the European
26.3.2008, p. 3).
Community, the Swiss Confederation and the Principality of
( 2 ) Council Decision 2008/262/JHA of 28 February 2008 on the
signature, on behalf of the European Union, and on the provisional
Liechtenstein on the accession of the Principality of Liech
application of certain provisions of the Protocol between the
tenstein to the Agreement between the European Union, the
European Union, the European Community, the Swiss Confederation
European Community and the Swiss Confederation on the
and the Principality of Liechtenstein on the accession of the Princi
Swiss Confederation’s association with the implementation,
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,
( 3 ) OJ L 176, 10.7.1999, p. 31.
application and development of the Schengen acquis (OJ L 83,
( 4 ) OJ L 131, 1.6.2000, p. 43.
26.3.2008, p. 5).
( 5 ) OJ L 64, 7.3.2002, p. 20.

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L 160/20
EN
Official Journal of the European Union
18.6.2011
application and development of the Schengen acquis and related
‘As a consequence of the entry into force of the Treaty of
documents are hereby approved on behalf of the European
Lisbon on 1 December 2009, the European Union has
Union.
replaced and succeeded the European Community and from
that date exercises all rights and assumes all obligations of
The texts of the Protocol and the related documents are
the European Community. Therefore, references to “the
attached to this Decision.
European Community” in the Protocol as well as in the
agreement are, where appropriate, to be understood as to
“the European Union”.’
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 devel
Article 5
opment to the extent that such provisions are not listed in
This Decision shall enter into force on the day of its adoption.
Decisions 2000/365/EC and 2002/192/EC.
Article 3
Article 6
The provisions of Articles 1 to 4 of Decision 1999/437/EC shall
This Decision shall be published in the Official Journal of the
apply, in the same way, to the association of Liechtenstein with
European Union.
the implementation, application and development of the
Schengen acquis.
Article 4
Done at Brussels, 7 March 2011.
The President of the Council is hereby authorised to designate
the person empowered to deposit on behalf of the European
For the Council
Union the Instrument of approval provided for in Article 9 of
the Protocol, in order to express the consent of the European
The President
Union to be bound, and make the following notification:
CZOMBA S.

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