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C 308/2 EN Official Journal of the European Union 14.12.

2004

Decision No 1/2004 of the EU/Switzerland Mixed Committee established by the Agreement


concluded between the European Union, the European Community and the Swiss Confederation
concerning the latter's association in the implementation, application and development of the
Schengen acquis
of 26 October 2004
adopting its Rules of Procedure

(2004/C 308/02)

THE MIXED COMMITTEE, In exceptional circumstances and for duly substantiated


reasons, the Mixed Committee may decide unanimously to
Having regard to the Agreement concluded between the Euro- hold a meeting elsewhere.
pean Union, the European Community and the Swiss Confed-
eration concerning the latter's association in the implementa-
tion, application and development of the Schengen acquis (here-
inafter the Agreement), and in particular Article 3(2) thereof, Article 3

Meetings of the Mixed Committee shall not be public, unless


the Mixed Committee unanimously decides otherwise.
HAS DECIDED AS FOLLOWS:

Article 1 Article 4

The Mixed Committee shall be composed of representatives of The Mixed Committee shall meet, at any appropriate level,
the Government of the Swiss Confederation (hereinafter Swit- when convened by its Chairperson on his/her own initiative or
zerland), the members of the Council of the European Union at the request of one of its members.
(hereinafter the Council) and the Commission of the European
Communities (hereinafter the Commission).
Meetings of the Mixed Committee at ministerial level shall
normally be convened for the day of a Council meeting dealing
The Committee shall be chaired: with issues in the area covered by Article 1 of the Agreement.
— at the level of experts:
If, in a case contemplated in Article 7(4) of the Agreement, the
by the delegation representing the member of the Council Swiss delegation considers that the content of an act or
holding the Presidency, measure is of a nature to affect the principles of neutrality,
federalism or direct democracy as enshrined in the constitu-
— at the level of senior officials and Ministers: tional order of Switzerland, a meeting of the Mixed Committee
at ministerial level shall be convened by or at the request of
in the first six months of the year: by the delegation repre- that delegation within three weeks. The Mixed Committee shall
senting the member of the Council holding the Presidency; carefully examine all ways to continue the Agreement, in par-
ticular any alternative solutions proposed by the Swiss delega-
in the second six months of the year: by the delegation
tion. If, after an in-depth examination within the period
representing the Government of Switzerland (hereinafter
referred to in Article 7(4) of the Agreement, the Mixed
the Swiss delegation).
Committee does not accept such ways, termination of the
The delegation representing the member of the Council holding Agreement shall take effect three months after expiry of that
the Presidency may cede the chair of the Mixed Committee to period.
the delegation which will hold the next Council Presidency.
The Swiss delegation may cede the chair of the Mixed
Committee meeting at the level of senior officials and Ministers
to another delegation prepared to perform that function. Article 5

The Mixed Committee at ministerial level shall be composed of


Article 2 representatives of Switzerland and the members of the Council
at ministerial level, authorised to commit the governments of
The Mixed Committee shall meet at the seat of the Council in their States, and a member of the Commission.
Brussels.
The presence of at least half of the members of the Council, of
When the Council meets in a different place pursuant to its the representative of Switzerland at ministerial level and of the
Rules of Procedure, the Mixed Committee shall also meet at member of the Commission is required to enable the Mixed
ministerial level there. Committee to take decisions.
14.12.2004 EN Official Journal of the European Union C 308/3

Meetings of the Mixed Committee at ministerial level shall be The minutes shall be adopted unanimously by the Mixed
prepared by the Mixed Committee at senior official level. All Committee. The Mixed Committee may use a written proce-
items on the provisional agenda for a meeting of the Mixed dure.
Committee at ministerial level shall be examined in advance by
the Mixed Committee at senior official level, which shall endea-
vour to reach agreement at its level. If necessary, such items are
to be submitted to the Mixed Committee at ministerial level. Article 9

Notifications made by the Chairperson in accordance with


these Rules of Procedure shall be addressed to the Swiss
mission to the European Communities, to the representations
Article 6 of the Member States of the European Union and to the
Commission.
The Chairperson shall draw up the provisional agenda for each
meeting. The provisional agenda shall contain the item in Correspondence to the Mixed Committee shall be sent to its
respect of which a meeting has been requested in accordance Chairperson, at the address of the General Secretariat of the
with Article 4. The invitation to the meeting and the provi- Council (Council of the European Union, Rue de la Loi 175, B-
sional agenda shall be forwarded to the addressees mentioned 1048 Brussels).
in Article 9 in due time before the meeting. The agenda shall
be accompanied by all the necessary working documents.
Article 10
Without prejudice to the rights of Switzerland laid down in
Article 4 of the Agreement, the agenda shall be adopted unani- The detailed arrangements for handling requests by the public
mously by the Mixed Committee at the beginning of each to the Mixed Committee for access to its documents shall be
meeting and the Mixed Committee may decide unanimously to identical to those which the Council has adopted in respect of
include in the agenda an item which does not appear on the European Parliament, Council and Commission documents (1).
provisional agenda. The delegations representing the United
Kingdom and Ireland may not oppose the unanimity which is
required to place on the agenda an item relating to the area
covered by Article 1 of the Agreement, in which those States Article 11
do not participate.
The secretariat of the Mixed Committee shall be provided by
the General Secretariat of the Council.

Article 7
Article 12
The working documents for the Mixed Committee shall be
drawn up in the languages of the Council, unless the Mixed The deliberations of the Mixed Committee shall be confidential,
Committee unanimously decides otherwise. unless the Mixed Committee decides otherwise.

The rules of the Council on measures for the protection of clas-


sified information applicable to the General Secretariat of the
Council (2), shall also apply to the protection of classified infor-
Article 8 mation to be used by the Mixed Committee.

Minutes of each meeting of the Mixed Committee at ministerial


level shall be drawn up by the General Secretariat of the Article 13
Council, under the responsibility of the Chairperson, and
forwarded to the delegations.
Where the Mixed Committee has been notified in accordance
with Article 7(4) of the Agreement, any decision by the Mixed
The minutes shall, as a general rule, indicate in respect of each Committee to continue the Agreement shall require unanimity.
item on the agenda:
Where the termination of the Agreement results from non-
— the documents submitted to the Mixed Committee, acceptance of an act or a measure which does not apply to
Ireland and/or the United Kingdom, their representatives may
not oppose unanimity.
— the conclusions and decisions reached by the Mixed
Committee,
(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
— the statements whose entry is requested by a delegation. Parliament, Council and Commission documents (OJ L 145,
31.5.2001, p. 43).
(2) Council Decision 2001/264/EC of 19 March 2001 adopting the
Any delegation may request that more details be inserted in the Council's security regulations (OJ L 101, 11.4.2001, p. 1). Decision
minutes regarding any item on the agenda. as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).
C 308/4 EN Official Journal of the European Union 14.12.2004

Article 14 Article 16
Where the Mixed Committee has been notified of a dispute in This Decision shall take effect on the date of its adoption.
accordance with Article 10 of the Agreement, the dispute shall
be placed on the provisional agenda for the Mixed Committee Article 17
at ministerial level.
This Decision shall be published in the Official Journal of the
Decisions by the Mixed Committee on settlement of disputes European Union. Switzerland shall be responsible for its official
shall be taken unanimously. publication in Switzerland.
Where the settlement of a dispute relates to the interpretation
or application of a provision which does not apply to Ireland
and/or the United Kingdom, their representatives may not Done at Luxembourg, 26 October 2004.
oppose unanimity.
For the Mixed Committee
Article 15
The Chairperson
Decisions of the Mixed Committee relating to procedural ques-
tions, except for those for which these Rules of Procedure
require unanimity, shall be taken by a majority of its delega-
tions.
Amendments to these Rules of Procedure shall be adopted
unanimously by the Mixed Committee at ministerial level.