1. État, peuple, Authorities » 11. Treaties, Concordats and Conventions

The Convention of September 29, 2006, between the Confederation and the cantons regarding the implementation, application, and development of the Schengen and Dublin acquis is ratified.

The Convention specifically regulates

a) the transmission of information between the Confederation and the cantons within the scope of the Schengen and Dublin association agreements;

b) the representation and participation of the cantons in the EU joint committees and working groups;

c) the development of common positions by the Swiss delegations within the joint committees;

d) the mutual rights and obligations of the Confederation and the cantons in the implementation, application, and development of new acts or measures of the EU in accordance with Article 7 of the Schengen Association Agreement (hereinafter: "SAA") and Article 4 of the Dublin Association Agreement (hereinafter: "DAA"), which are notified by the EU to Switzerland (hereinafter: "new acts and measures").

This order comes into force immediately.

1 In areas related to Schengen/Dublin, the Confederation and the cantons cooperate closely and by mutual agreement within the scope of their competencies. The cantons participate particularly in the development as well as the application and implementation of the Schengen and Dublin acquis.

2 The Confederation and the cantons ensure the necessary organizational measures are in place so that Switzerland's international obligations arising from the SAA and the DAA are fulfilled in a timely and effective manner.

3 They inform each other comprehensively and sufficiently early about internal legislative activity projects in the areas of application of the SAA and the DAA.

4 They also inform each other about case law in these areas.

For the correct application of this Convention, the Confederation and the cantons each designate a point of contact.

1 As a general rule, the Confederation and the cantons communicate through their respective contact points.

2 The Confederation ensures that the information, data, and documents sent by the EU to Switzerland are immediately transmitted to the cantons.

3 It operates an electronic portal that provides the Confederation and the cantons with immediate access to the information and data.

1 As a general rule, the Confederation and the cantons agree on their positions internally before communicating them through the designated contact points.

2 They coordinate the implementation in the areas of application of the AAS and AAD, particularly from a temporal perspective.

1 In areas affecting their competences or essential interests, the cantons participate in the development of Swiss positions in the EU joint committees and working groups.

2 They send representatives to the Confederation's working groups that carry out preparatory or background work for negotiations in the EU joint committees and working groups.

3 They are part of the Swiss delegation and participate in the EU joint committees and working groups.

4 The Swiss delegations in the EU joint committees and working groups are generally led by a representative of the Confederation.

The Confederation immediately forwards to the contact office of the cantons the notifications received from EU institutions regarding new EU acts or measures to be adopted by Switzerland within the framework of the Schengen and Dublin acquis.

1 The Confederation decides on the adoption of new EU acts or measures and the associated deadlines.

2 When the cantons conclude that the adoption of a new EU act or measure affects their competencies or essential interests, their position, in accordance with Article 5, paragraph 1, carries particular weight.

1 The Confederation and the cantons ensure timely implementation of acts or measures.

2 They inform each other sufficiently early about the measures undertaken as well as the completion of the implementation work.

The Confederation and the cantons submit to the joint committees a report pursuant to Articles 9, paragraph 1, AAS and 6, paragraph 1, AAD on the interpretation and application of the Schengen and Dublin acquis by the administrative authorities and the courts.

1 The Confederation and the cantons shall bear their own costs related to the implementation, application, and development of the Schengen and Dublin acquis as well as the costs of participating in the joint committees and EU working groups.

2 The cantons shall make an appropriate contribution to the technical operation of the Schengen portal in accordance with Article 4, paragraph 3.

1 The Federal Council and the Conference of Cantonal Governments (hereinafter: "CdC") shall resolve disputes related to this Convention by mutual agreement.

2 Different viewpoints on the implementation, application, and further development of the Schengen and Dublin acquis shall be settled through negotiations.

1 This Convention may be terminated in writing with a notice period of 6 months.

2 The Confederation and the cantons shall observe their current obligations in each case.

1 This Convention requires the approval of all cantons.

2 The CdC shall inform the Federal Council of the approvals in accordance with paragraph 1.

3 The Federal Council shall set the date for the entry into force of this Convention after consulting the CdC.