3. If the parties fail to reach an agreement, the party that did not issue the tender submits the matter to the common supervisory authority under Article 115, paragraph 1, for comment. In December 1996, two non-EU states, Norway and Iceland, signed an association agreement with the countries that signed the Schengen accession agreement. Although this agreement never entered into force, the two countries were part of the Schengen area following similar agreements with the EU.  The Schengen Agreement itself was not signed by non-EU states.  In 2009, Switzerland officially concluded its accession to the Schengen area by adopting an association agreement by referendum in 2005.  On 19 June 1990, in the Grand Duchy of Luxembourg, representatives of the governments of the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed the agreement on the application of the Schengen Agreement of 14 June 1985 between the governments of the Benelux Economic Union, the Federal Union of Germany and the French Republic concerning the phasing out of controls at their common borders. 1. Any Member State of the European Communities may become a contracting party to this Convention. Membership is the subject of an agreement between that state and the contracting parties.
This means that Schengen Member States that were not part of the EU have few formally binding options to influence the development and development of Schengen rules; their options are effectively reduced to approval or exit from the agreement. However, consultations are being held with the countries concerned prior to the adoption of certain new provisions.  5. The provisions of this article do not exclude more detailed bilateral agreements, current or future, between parties with a common border. The contracting parties inform each other of these agreements. 1. In accordance with relevant international conventions and in view of local conditions and technical possibilities, the parties set up telephone lines, communication lines and other direct links, particularly in border areas, in order to facilitate police and customs cooperation, particularly for the timely transmission of information for cross-border surveillance and repression. 4. Contracting parties may agree, in a bilateral or multilateral framework, that liaison officers of a contracting party seconded to third parties also represent the interests of one or more other contracting parties. Under these agreements, liaison officers seconded to third countries communicate information to other contracting parties when invited to do so, or themselves, and perform, as part of their jurisdiction, tasks on behalf of those parties.