Schengen/Dublin
The cooperation between European states known as Schengen – in the fields of justice, police and migration – was initiated in 1985 by five member states of the then European Community. It now includes almost all EU member states and four associated states: Iceland, Liechtenstein, Norway and, since 12 December 2008, Switzerland.
The Schengen Association Agreement (SAA) facilitates travel between Switzerland and the other Schengen member states by removing checks on persons at internal borders. It also improves international judicial and police cooperation in the fight against crime.
Legally linked to the SAA is the Dublin Association Agreement, which ensures that an asylum application is examined by only one member state within the Dublin area. The Dublin criteria establish which country is responsible for dealing with an application. This prevents asylum seekers from being sent from one country to another and, if their first application for asylum has been denied, from submitting a new one in another Dublin state.
Chronology
12.12.2008 Operational entry into force of Schengen (at airports from 29.03.2009)
01.03.2008 Formal entry into force of Schengen and Dublin
05.06.2005 Approval by the Swiss electorate (54.6% in favour)
26.10.2004 Signing of the agreements (as part of Bilaterals II)
Swiss involvement in further development of the Schengen acquis
Switzerland can help shape further development of the Schengen acquis and defend its interests directly in discussions among experts or at ambassadorial or ministerial-level meetings. Switzerland has a decision-shaping role, which is significant as decisions are generally taken without a vote.
When the EU passes a new legal act of relevance to the Schengen/Dublin acquis, Switzerland must decide, in accordance with Swiss parliamentary and direct democratic processes, whether it wishes to adopt it. Since the signing of the agreements in 2004, the EU has notified Switzerland of more than 250 further developments of the Schengen acquis. In the majority of cases, the content is of a technical nature or limited in scope and the Federal Council can give its direct approval or take note. Parliament has only had to approve the adoption of around 35 legal developments, several of which are currently in the parliamentary approval process.
- The Federal Council approved the adoption of this development on 10 October 2018, subject to parliamentary approval.
- On 6 March 2020, the Federal Council adopted the dispatch on the approval and implementation of the ETIAS regulation.
- On 25 September 2020, Parliament approved the adoption of the ETIAS regulation.
In future, travellers from non-EU/EFTA countries who do not require a visa for the Schengen area will have to apply for travel authorisation in advance. The application can be submitted online and costs EUR 7. The information in the application is automatically checked against various security and migration databases (including Schengen Information Systems). This will determine whether there are grounds for refusing entry. In most cases, the automated application process will not report a hit, and the travel authorisation can be issued within minutes. It then remains valid for up to three years. ETIAS will make it possible to determine the eligibility of visa-exempt third-country nationals before travelling to the Schengen area and, if necessary, refuse their travel authorisation. This will help to improve internal security, prevent irregular immigration and protect against public health risks. A similar system is already in use in the US, for example, with the ESTA travel authorisation.
- The Federal Council approved the adoption of these developments on 19 December 2018, subject to parliamentary approval.
- On 6 March 2020, the Federal Council adopted the dispatch on the approval and implementation of the SIS II regulations.
- Parliament is currently discussing their adoption.
SIS is a database for recording stolen property and persons wanted for arrest for extradition, persons subject to an entry ban and missing persons. In 2017 alone, Switzerland obtained some 17,000 national and international search hits using SIS, which helped to prevent irregular migration, detect crimes and locate missing persons. The modernisation of the Schengen Information System (SIS II) enables an even more complete search for suspected terrorists and improved protection for vulnerable minors and adults. Return decisions can also be entered in the system. These further developments to Schengen extend the scope of the system, which is used as a key search instrument in Switzerland.
- The Federal Council approved the adoption of these developments on 14 June 2019, subject to parliamentary approval.
- On 2 September 2020, the Federal Council adopted the dispatch on the approval and implementation of the interoperability regulations.
- The adoption of the regulations must next be discussed and agreed by Parliament.
Two EU regulations establish the improved exchange of information (interoperability) between the various information systems in the areas of border, migration and police, so that the competent authorities will always have the information relevant to them in the future. The systems of relevance to Switzerland are: SIS (Schengen Information System), VIS (Visa Information System), Eurodac (fingerprint database for asylum seekers), EES (Entry-Exit System) and ETIAS (European Travel Information and Authorisation System). The facilitated exchange of data between these systems is intended to help to improve security in the Schengen area, enable more efficient controls at the external borders and contribute to preventing and combating irregular migration.
- On 13 December 2019, the Federal Council approved the adoption of the new EU Regulation on the European Border and Coast Guard, subject to parliamentary approval.
- On 26 August 2020, the Federal Council adopted the dispatch on its approval and implementation.
- The adoption of the regulation must next be discussed and agreed by Parliament.
The European Border and Coast Guard Agency (Frontex) will be given an enhanced mandate and is to have a standing corps staff of up to 10,000 by 2027. Its mandate for external border control, return and cooperation with third countries will also be strengthened. During the negotiations on the revised regulation, Switzerland successfully argued for the size of the standing corps to be reviewed in 2023. The protection of the European external borders remains primarily the responsibility of the individual Schengen states.
- The Federal Council approved the adoption of the new EU regulation on 22 April 2020, subject to parliamentary approval.
- The adoption of the regulation must next be discussed and agreed by Parliament.
The European Image Archiving System on False and Authentic Documents Online (FADO) was set up in 1998 to facilitate exchange of information between member states' authorities on genuine documents and on known forgery methods. It provides for the electronic storage, rapid exchange and validation of information on genuine and false documents. Switzerland has participated in FADO since 2010. The new regulation provides restricted access to additional stakeholders and entrusts the management of FADO to the European Border and Coast Guard Agency (Frontex). This regulation establishes a new legal basis for the FADO system, which replaces the previous legal framework and constitutes a development of the provisions of the Schengen acquis.
Economic and financial effects of the Schengen/Dublin association
Federal Council report of 21 February 2018
Documents
Links
Agreements, subsidiary agreements and supplementary agreements
Schengen/Dublin dispatches (de/fr/it)
Development of the Schengen acquis (de/fr/it)
Implementation of legislation Schengen/Dublin: Federal Office of Justice FOJ (de)
State Secretariat for Migration (SEM)
Federal Office of Police (fedpol)
1990 Convention implementing the Schengen Agreement
