Convention between the Confederation and the Cantons concerning the transposition, application and development of the Schengen and Dublin *acquis*

The Convention regulates in particular

a) the transmission of information between the Confederation and the Cantons within the scope of application 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 transposition, application, and development of new EU acts and measures pursuant to Article 7 of the Agreement on Switzerland's Association with the Schengen acquis (SAA) and Article 4 of the Agreement on Switzerland's Association with the Dublin acquis (DAA), which are notified by the EU to Switzerland (hereinafter referred to as "new acts and measures").

1 The Confederation and the Cantons shall collaborate closely and in mutual understanding within the scope of their competencies in the areas concerned by Schengen and Dublin. The Cantons shall contribute in particular to the development as well as to the application and transposition of the Schengen and Dublin acquis.

2 The Confederation and the Cantons shall ensure the necessary organisational measures are taken to ensure Switzerland's international obligations arising from the AAS and the AAD are fulfilled promptly and effectively.

3 They shall inform each other comprehensively and promptly regarding domestic legislative projects in the fields of application of the AAS and the AAD.

4 They shall also inform each other regarding jurisprudence in these fields.

For the due application of this Convention, the Confederation and the Cantons shall designate their respective contact office.

1 As a rule, the Confederation and the Cantons shall inform each other through their respective contact offices.

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

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

1 As a rule, the Confederation and the Cantons internally discuss their opinions before communicating them to each other through the contact offices.

2 They coordinate the transposition into the scopes of application of the AAS and the AAD, particularly with regard to the temporal aspect.

1 The Cantons participate in the elaboration of Swiss positions in the mixed committees and working groups of the EU in areas concerning their competencies or affecting their essential interests.

2 They send representatives to the Confederation's working groups who carry out the preparatory and substantive work for negotiations in the mixed committees and working groups of the EU.

3 They are part of the Swiss delegation and contribute to the mixed committees and working groups of the EU.

4 As a rule, Swiss delegations in the mixed committees and working groups of the EU are led by a representative of the Confederation.

The Confederation immediately transmits to the Cantons’ contact office notifications received from EU institutions concerning new acts or measures that Switzerland must adopt within the framework of the Schengen and Dublin acquis.

Adoption Procedure

1 The Confederation decides on the adoption of new EU acts and measures as well as the necessary terms.

2 If the Cantons conclude that the adoption of a new EU act or measure concerns their competencies or essential interests, their opinion in accordance with Article 5 paragraph 1 is of particular importance.

1 The Confederation and the Cantons guarantee the timely transposition of acts or measures.

2 They inform each other in advance about the measures undertaken and the conclusion of the transposition work.

The Confederation and the Cantons shall submit to the mixed committees a report in accordance with Article 9, paragraph 1 of the AAS and Article 6, paragraph 1 of the AAD 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 in connection with the transposition, application and development of the Schengen and Dublin acquis, as well as the costs for participation in the mixed committees and working groups of the EU.

2 The Cantons shall make an appropriate contribution to the technical management of the Schengen portal as referred to in Article 4 paragraph 3.

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

2 Differences in interpretation concerning the transposition, application, and development of the Schengen and Dublin acquis shall be settled through negotiations.

1 This Convention may be denounced in writing, subject to six months' notice.

2 The Confederation and the Cantons must in any case respect their current obligations.

1 This Convention requires the approval of all Cantons.

2 The CoC shall inform the Federal Council of the approvals referred to in paragraph 1.

3 The Federal Council shall determine the date of entry into force [1] of this Convention after consulting the CoC.

Published in BBl 2008, 653. Federal Decree of approval of 23.9.2008 – BBl 2008, 653.

[1] Entry into force: 1 April 2009 – BBl 2008, 653.