{
  "url": "https://openlegislation.uk/eu-decision-2004-849/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2004-849/introduction.json",
  "legislation": "eudn/2004/849",
  "legislation_title": "Council Decision of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (2004/849/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2004-849",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision\nof 25 October 2004\non the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis\n(2004/849/EC)\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,\nWhereas:\n(1)\nFollowing the authorisation given to the Presidency, assisted by the Commission, on 17 June 2002, negotiations with the Swiss Authorities, regarding the association of Switzerland with the implementation, application and development of the Schengen acquis have been concluded.\n(2)\nSubject to its conclusion at a later date, it is desirable to sign the Agreement that was initialled on 25 June 2004.\n(3)\nThe Agreement caters for the provisional application of certain of its provisions. These provisions should be applied on a provisional basis pending the Agreement's entry into force.\n(4)\nAs far as the development of the Schengen acquis, which falls under Title VI of the Treaty on European Union, is concerned, it is appropriate to make the provisions of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 those two States with the implementation, application and development of the Schengen acquis applicable, mutatis mutandis, to relations with Switzerland upon signature of the Agreement.\n(5)\nThis Decision does not prejudice the position of the United Kingdom, under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis .\n(6)\nThis Decision does not prejudice the position of Ireland, under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis ,\nHAS DECIDED AS FOLLOWS:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 176, 10.7.1999, p. 31."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 131, 1.6.2000, p. 43."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 64, 7.3.2002, p. 20."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2004/849/introduction",
    "retrieved_at": "2026-11-01T15:18:04.651562+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}