Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to 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 (hereinafter referred to as the Agreement)^f1, which was signed on 26 October 2004^f2 and entered into force on 1 March 2008^f3, and in particular Article 15(1) thereof,

Whereas:

Article 15(1) of the Agreement provides that the provisions of the Schengen acquis shall apply in the Swiss Confederation only pursuant to a Council Decision to that effect after verification that the necessary conditions for the application of that acquis have been met;

A full questionnaire was forwarded to the Swiss Confederation, whose replies were recorded, and verification and evaluation visits were made to the Swiss Confederation, in accordance with the applicable Schengen evaluation procedures as set out in the Decision of the Executive Committee setting up a Standing Committee on the evaluation and implementation of Schengen (hereinafter referred to as SCH/Com-ex (98) 26 def.)^f4, in the area of Data Protection.

On 5 June 2008, the Council concluded that the Swiss Confederation had fulfilled the conditions in this area. It is therefore possible to set a date from which the Schengen acquis relating to the Schengen Information System (hereinafter referred to as the SIS) may apply to it.

The entry into force of this Decision should allow for real SIS data to be transferred to the Swiss Confederation. The concrete use of that data should allow the Council, through the applicable Schengen evaluation procedures as set out in SCH/Com-ex (98) 26 def., to verify the correct application of the provisions of the Schengen acquis relating to the SIS in the Swiss Confederation. Once those evaluations have been carried out, the Council should decide on the lifting of checks at internal borders with the Swiss Confederation.

The Agreement between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway concerning the implementation, application and development of the Schengen acquis and concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Switzerland, Iceland or Norway stipulates that it shall be put into effect in respect of the implementation, application and development of the Schengen acquis on the same date as the Agreement is put into effect.

A separate Council Decision should be taken setting a date for the lifting of checks on persons at internal borders. Until the date of the lifting of checks set out in that Decision, certain restrictions on the use of the SIS should be imposed,

HAS DECIDED AS FOLLOWS: