Subject Matter
Table of Provisions (14)
Statutory Text (14 Articles)
**1. The Agreement 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 Joint Committees and working groups of the EU;
c. the development of joint positions of the Swiss delegations in the Joint Committees;
d. the mutual rights and obligations of the Confederation and the cantons in the implementation, application, and development of new legislative acts and measures of the EU according to 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 legislative acts and measures).
1. The Confederation and the cantons work closely and amicably within their areas of responsibility in fields affected by Schengen/Dublin. The cantons particularly participate in the development as well as the application and implementation of the Schengen/Dublin acquis.
2. The Confederation and the cantons ensure the necessary organizational arrangements are made so that Switzerland’s international obligations under the SAA and the DAA are met in a timely and efficient manner.
3. They inform each other comprehensively and at an early stage about internal legislative projects in the application areas of the SAA and the DAA.
4. They exchange information regarding jurisprudence in these areas.
For the proper application of this agreement, the Confederation and the cantons each designate a point of contact.
1. Confederation and 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 allows the Confederation and the cantons immediate access to information and data.
1. The Confederation and the cantons generally coordinate their positions internally before transmitting them through the contact points.
2. They coordinate the implementation in the application areas of the SAA and the DAA, particularly with regard to timing.
The Cantons participate in the development of the Swiss positions in the Joint Committees and Working Groups of the EU in areas that fall within their competencies or affect their substantial interests.
They send representatives to federal working groups, which carry out the preparatory and background work for negotiations in the Joint Committees and Working Groups of the EU.
They are part of the Swiss delegation and participate in the Joint Committees and Working Groups of the EU.
The Swiss delegations in the Joint Committees and Working Groups of the EU are generally led by a representative of the Federal Government.
1. The Confederation promptly forwards the notifications received from the EU institutions concerning new legal acts or measures to be adopted by Switzerland 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 them.
2. If the Cantons conclude that the adoption of a new legal act or a new measure of the EU affects their competences or touches upon their essential interests, their opinion pursuant to Art. 5 para. 1 shall hold special 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 initiated measures and the completion of the implementation work.
1. The Confederation and the Cantons shall report to the Mixed Committees, pursuant to Article 9, paragraph 1 of the SAA and Article 6, paragraph 1 of the 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 associated with the implementation, application, and development of the Schengen/Dublin acquis as well as the costs of participation 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.
Disputes arising from this agreement are to be resolved amicably by the Federal Council and the Conference of Cantonal Governments (hereinafter referred to as CCG). Diverging views regarding the implementation, application, and further development of the Schengen/Dublin acquis are to be settled through negotiations.
This agreement may be terminated in writing with a notice period of 6 months. The Confederation and the Cantons must fulfill their ongoing obligations in any case.
1. This Agreement requires approval by all cantons.
2. The CdC informs the Federal Council of the approvals pursuant to para. 1.
3. The Federal Council shall set the date of entry into force of this Agreement after consultation with the CdC.