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,

Having regard to 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 (hereinafter the Agreement), and in particular Article 3(2) thereof,

HAS DECIDED AS FOLLOWS:

Article 1

The Mixed Committee shall be composed of representatives of the Government of the Swiss Confederation (hereinafter Switzerland), the members of the Council of the European Union (hereinafter the Council) and the Commission of the European Communities (hereinafter the Commission).

The Committee shall be chaired:

- at the level of experts:

- by the delegation representing the member of the Council holding the Presidency,

at the level of senior officials and Ministers:

in the first six months of the year: by the delegation representing the member of the Council holding the Presidency;

in the second six months of the year: by the delegation representing the Government of Switzerland (hereinafter the Swiss delegation).

The delegation representing the member of the Council holding the Presidency may cede the chair of the Mixed Committee to 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 2

The Mixed Committee shall meet at the seat of the Council in Brussels.

When the Council meets in a different place pursuant to its Rules of Procedure, the Mixed Committee shall also meet at ministerial level there.

In exceptional circumstances and for duly substantiated reasons, the Mixed Committee may decide unanimously to hold a meeting elsewhere.

Article 3

Meetings of the Mixed Committee shall not be public, unless the Mixed Committee unanimously decides otherwise.

Article 4

The Mixed Committee shall meet, at any appropriate level, when convened by its Chairperson on his/her own initiative or at the request of one of its members.

Meetings of the Mixed Committee at ministerial level shall normally be convened for the day of a Council meeting dealing with issues in the area covered by Article 1 of the Agreement.

If, in a case contemplated in Article 7(4) of the Agreement, the Swiss delegation considers that the content of an act or measure is of a nature to affect the principles of neutrality, federalism or direct democracy as enshrined in the constitutional order of Switzerland, a meeting of the Mixed Committee at ministerial level shall be convened by or at the request of that delegation within three weeks. The Mixed Committee shall carefully examine all ways to continue the Agreement, in particular any alternative solutions proposed by the Swiss delegation. If, after an in-depth examination within the period referred to in Article 7(4) of the Agreement, the Mixed Committee does not accept such ways, termination of the Agreement shall take effect three months after expiry of that period.

Article 5

The Mixed Committee at ministerial level shall be composed of representatives of Switzerland and the members of the Council at ministerial level, authorised to commit the governments of their States, and a member of the Commission.

The presence of at least half of the members of the Council, of the representative of Switzerland at ministerial level and of the member of the Commission is required to enable the Mixed Committee to take decisions.

Meetings of the Mixed Committee at ministerial level shall be prepared by the Mixed Committee at senior official level. All items on the provisional agenda for a meeting of the Mixed Committee at ministerial level shall be examined in advance by the Mixed Committee at senior official level, which shall endeavour to reach agreement at its level. If necessary, such items are to be submitted to the Mixed Committee at ministerial level.

Article 6

The Chairperson shall draw up the provisional agenda for each meeting. The provisional agenda shall contain the item in respect of which a meeting has been requested in accordance with Article 4. The invitation to the meeting and the provisional agenda shall be forwarded to the addressees mentioned in Article 9 in due time before the meeting. The agenda shall be accompanied by all the necessary working documents.

Without prejudice to the rights of Switzerland laid down in Article 4 of the Agreement, the agenda shall be adopted unanimously by the Mixed Committee at the beginning of each meeting and the Mixed Committee may decide unanimously to include in the agenda an item which does not appear on the 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 do not participate.

Article 7

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

Article 8

Minutes of each meeting of the Mixed Committee at ministerial level shall be drawn up by the General Secretariat of the Council, under the responsibility of the Chairperson, and forwarded to the delegations.

The minutes shall, as a general rule, indicate in respect of each item on the agenda:

- the documents submitted to the Mixed Committee,

- the conclusions and decisions reached by the Mixed Committee,

- the statements whose entry is requested by a delegation.

Any delegation may request that more details be inserted in the minutes regarding any item on the agenda.

The minutes shall be adopted unanimously by the Mixed Committee. The Mixed Committee may use a written procedure.

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 of the Member States of the European Union and to the Commission.

Correspondence to the Mixed Committee shall be sent to its Chairperson, at the address of the General Secretariat of the Council (Council of the European Union, Rue de la Loi 175, B-1048 Brussels).

Article 10

The detailed arrangements for handling requests by the public to the Mixed Committee for access to its documents shall be identical to those which the Council has adopted in respect of European Parliament, Council and Commission documents [1].

Article 11

The secretariat of the Mixed Committee shall be provided by the General Secretariat of the Council.

Article 12

The deliberations of the Mixed Committee shall be confidential, unless the Mixed Committee decides otherwise.

The rules of the Council on measures for the protection of classified information applicable to the General Secretariat of the Council [2], shall also apply to the protection of classified information to be used by the Mixed Committee.

Article 13

Where the Mixed Committee has been notified in accordance with Article 7(4) of the Agreement, any decision by the Mixed Committee to continue the Agreement shall require unanimity.

Where the termination of the Agreement results from non-acceptance of an act or a measure which does not apply to Ireland and/or the United Kingdom, their representatives may not oppose unanimity.

Article 14

Where the Mixed Committee has been notified of a dispute in accordance with Article 10 of the Agreement, the dispute shall be placed on the provisional agenda for the Mixed Committee at ministerial level.

Decisions by the Mixed Committee on settlement of disputes shall be taken unanimously.

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 oppose unanimity.

Article 15

Decisions of the Mixed Committee relating to procedural questions, except for those for which these Rules of Procedure require unanimity, shall be taken by a majority of its delegations.

Amendments to these Rules of Procedure shall be adopted unanimously by the Mixed Committee at ministerial level.

Article 16

This Decision shall take effect on the date of its adoption.

Article 17

This Decision shall be published in the Official Journal of the European Union. Switzerland shall be responsible for its official publication in Switzerland.

Done at Luxembourg, 26 October 2004.

For the Mixed Committee

The Chairperson

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[1] Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European 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 Council's security regulations (OJ L 101, 11.4.2001, p. 1). Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).