Agreement between the Confederation and the Cantons concerning the implementation, application and development of the Schengen/Dublin acquis - Subject Matter

1. The Agreement particularly 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 Mixed Committees and Working Groups;

c) the development of common positions of the Swiss delegations in the Mixed Committees;

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

1. The Confederation and the Cantons shall collaborate closely and amicably within the scope of their competences in areas affected by Schengen/Dublin. The Cantons shall particularly participate in the development, as well as in the application and implementation of the Schengen/Dublin acquis.

2. The Confederation and the Cantons shall ensure that the necessary organizational arrangements are in place so that Switzerland's international obligations under the Schengen Association Agreement (SAA) and the Dublin Association Agreement (DAA) are fulfilled in a timely and efficient manner.

3. They shall inform each other comprehensively and at an early stage about internal legislative projects within the application areas of the SAA and the DAA.

4. They shall exchange information concerning jurisprudence in these areas.

1. For the proper application of this agreement, the Federation and the cantons shall each designate a point of contact.

1. The Confederation and the cantons generally inform each other through their contact points.

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

3. It operates an electronic portal that enables the immediate availability of information and data to the Confederation and the cantons.

1. The federal government and the cantons usually coordinate their positions internally before submitting them through the contact points.

2. They coordinate the implementation in the application areas of the SAA and the DAA, particularly concerning timing.

1. The cantons participate in the development of the Swiss positions in the Joint Committees and working groups of the EU in areas that concern their competencies or affect their significant interests.

2. They send representatives to federal working groups that conduct preparatory and background work for negotiations in the Joint Committees and EU working groups.

3. They are part of the Swiss delegation and take part in the Joint Committees and working groups of the EU.

4. The Swiss delegations in the Joint Committees and EU working groups are generally led by a representative of the federation.

1. The Confederation promptly forwards the notifications received from the EU institutions regarding new and to-be-adopted legal acts or measures of the EU within the framework of the Schengen/Dublin acquis to the contact point of the cantons.

1. The Confederation decides on the adoption of new legal acts and measures of the EU as well as the deadlines required for this.

2. If the cantons conclude that the adoption of a new legal act or measure of the EU affects their competences or touches upon their essential interests, their opinion pursuant to Art. 5 para. 1 holds particular significance.

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

2. They inform themselves at an early stage about the measures initiated and the completion of the implementation work.

1. The Confederation and the Cantons shall report to the Mixed Committees pursuant to Article 9(1) SAA and Article 6(1) DAA on the interpretation and application of the Schengen and Dublin acquis by administrative authorities and courts.

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

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

1. Disputes arising from this agreement are to be resolved amicably by the Federal Council and the Conference of Cantonal Governments (hereinafter referred to as KdK).

2. Divergent views on the implementation, application, and further development of the Schengen/Dublin acquis are to be settled through negotiations.

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

2. The Confederation and the Cantons must fulfill their ongoing obligations in all cases.

1. This Agreement requires approval from all the cantons.

2. The CdC informs the Federal Council about the approvals according to paragraph 1.

3. The Federal Council determines the date of entry into force of this Agreement after consulting the CdC.