Activites

• 2011/06/18 Final act published in Official Journal
  • Decision 2011/349
  • OJ L 160 18.06.2011, p. 0001
• #3073
• 2011/03/07 Council Meeting
• 2011/03/07 End of procedure in Parliament
• 2011/03/07 Act adopted by Council after consultation of Parliament
• 2011/02/15 Decision by Parliament, 1st reading/single reading
  • T7-0047/2011 summary

    The European Parliament adopted a legislative resolution in which it gives its consent to the conclusion of the Protocol between the European Union, the European Community, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Union, the European Community and Switzerland on Switzerland's association with the implementation, application and development of the Schengen acquis.

• 2011/01/28 Committee report tabled for plenary, reconsultation
  • A7-0008/2011
• 2011/01/26 Vote in committee, 1st reading/single reading
• 2010/05/28 Formal reconsultation of Parliament
• 2010/04/26 Amended legislative proposal for reconsultation published
  • 06077/2010 summary

    By this Decision, the European Parliament has been once again consulted on the proposal for a Council Decision 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. To recall, on 27 February 2006, negotiations with Liechtenstein and Switzerland on the conclusion on the protocol were finalised. In accordance with Council Decisions 2008/261/EC and 2008/262/JHA, and subject to its conclusion at a later date, the Protocol was signed on behalf of the European Union on 28 February 2008.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.It is therefore necessary to approve the protocol on behalf of the European Union on the basis of the new legal basis set out in the Treaty on the Functioning of the European Union (TFEU).A new provision has been included stipulating that 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 and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the Protocol as well as in the Agreement are, where appropriate, to be understood as to "the European Union".New territorial provisions have also been laid down.The European Parliament’s consent is also required.

  • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, MALMSTRÖM Cecilia
• 2008/07/08 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0321/2008 summary

    The European Parliament adopted, by 619 votes in favour to 12 against with 54 abstentions,  under the consultation procedure, a legislative resolution approving the proposal for a Council decision on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, with one single amendment of a legal nature. The report had been tabled for consideration in plenary by Ewa KLAMT (EPP-ED, DE) on behalf of the Committee on Civil Liberties, Justice and Home Affairs.Parliament approved the conclusion of the Protocol but felt that this proposal required the assent, and not merely a consultation, of the European Parliament. It amended the legal basis of the proposal from the first subparagraph of Article 300 (3) to the second subparagraph of Article 300 (3). Parliament indicated that it reserves the right to defend the prerogatives as conferred by the Treaty to the European Parliament in this matter.

• 2008/06/09 Committee report tabled for plenary, 1st reading/single reading
  • A6-0246/2008
• 2008/05/29 Vote in committee, 1st reading/single reading
• 2008/03/13 Committee referral announced in Parliament, 1st reading/single reading
• #2853
• 2008/02/28 Council Meeting
• 2006/12/01 Legislative proposal published
  • COM(2006)0752 summary

    PURPOSE: to sign and provisionally apply certain provisions of the Protocol between the EU, the Community, Switzerland and the Principality of Liechtenstein allowing Liechtensein to adhere to the Swiss Confederation’s association agreement on the implementation, application and development of the Schengen acquis.PROPOSED ACT: Council Decision.CONTENT: 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.Following the authorisation given by the Council to the Commission in February 2006, negotiations were held with Liechtenstein and Switzerland. In June 2006, negotiations were finalised and the draft protocol on Liechtenstein's accession to the Schengen agreement with Switzerland was initialled.Given the fact that the Schengen agreement with Switzerland to which Liechtenstein accedes covers both 1st and 3rd pillar items, the Commission proposes to follow the approach chosen for the signature and adoption of the Schengen agreement with Switzerland. The Commission proposes thus to adopt the Protocol by two separate acts, one based on the Treaty establishing the European Community (Articles 62, 63 (3), 66 and 95) and one based on the Treaty on European Union (Articles 24 and 38).Concerning the decision based on the Treaty establishing the European Community, the Council will decide by unanimity given the fact that Article 63 point 3 a) requires a unanimous vote of the Member States. The European Parliament will have to be consulted on the conclusion of the Agreement in accordance with Article 300 (3) of the EC Treaty. Content of the protocol: the final content can be summarised as follows:§         Liechtenstein accedes to the Schengen agreement with Switzerland and will have the same rights and obligations as Switzerland. Liechtenstein will have to accept the entire Schengen acquis and the development thereof, with the sole exception granted also to Switzerland (Article 7 (5) of the Schengen agreement with Switzerland): If provisions of a new Schengen act or measure have the effect of no longer allowing Member States to subject compliance with requests for mutual assistance in criminal matters or the recognition of orders from other Member States to search premises and/or seize items of evidence to the conditions set out in Article 51 of the Convention Implementing the Schengen Agreement, Liechtenstein does not need to implement these provisions in its internal legal order where they apply to search and seizure requests or orders made for the purposes of investigating or prosecuting offences in the field of direct taxation which, if committed in Liechtenstein, would not be punishable under Liechtenstein law with a custodial penalty.§         Apart from this exception, if Liechtenstein does not accept future developments of the Schengen acquis, the Protocol will cease to operate. Liechtenstein will become a member of the Mixed Committee and will have the right to express its opinion within the Mixed Committee and to preside it.§         The putting into effect of the Schengen protocol is linked to the putting into effect of the Dublin/Eurodac protocol (see CNS/2006/0252), as well as to the putting into effect of the respective agreements between Liechtenstein and Denmark and between Liechtenstein and Norway and Iceland on Schengen (see CNS/2006/0257) .§         Specific provisions are laid down for Liechtenstein concerning the time period needed for the implementation of a development of the Schengen acquis, in case constitutional requirements need to be fulfilled by Liechtenstein (18 months) and the financial contribution that Liechtenstein has to pay for the administrative costs of the Council Working Groups, which meet in form of the Mixed Committee. The overall amount of these administrative costs are laid down in the Swiss agreement with an amount of EUR 8 100 000 and Liechtenstein will have to pay 0.071% of it. In addition, like Switzerland, Liechtenstein will have to contribute to the operational costs linked to the implementation of the Schengen acquis according to its GDP. Consequently, there are no financial implications for the EU resulting from Liechtenstein's association with the Schengen acquis.§         Given the existing cooperation with Switzerland in the field of visa policy and security matters which includes the use of common databases, Liechtenstein may use the technical infrastructure of Switzerland for its access to the Schengen Information System and the Visa Information System.

  • DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, MALMSTRÖM Cecilia

Documents

• Legislative proposal published: COM(2006)0752
• Committee report tabled for plenary, 1st reading/single reading: A6-0246/2008
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0321/2008
• Amended legislative proposal for reconsultation published: 06077/2010
• Committee report tabled for plenary, reconsultation: A7-0008/2011
• Decision by Parliament, 1st reading/single reading: T7-0047/2011
• : Decision 2011/349
• : OJ L 160 18.06.2011, p. 0001

History

(these mark the time of scraping, not the official date of the change)