COUNCIL DECISION
of 7 March 2011
on the conclusion of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
(2011/351/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(e), in conjunction with Article 218(6)(a) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1)
Following the authorisation given to the Commission on 27 February 2006, negotiations with the Swiss Confederation and the Principality of Liechtenstein of a Protocol on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (hereinafter referred to as ‘the Protocol’) have been finalised.
(2)
In accordance with the Decision of the Council of 28 February 2008, and subject to its conclusion at a later date, the Protocol was signed on behalf of the European Community, on 28 February 2008.
(3)
As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.
(4)
The Protocol should be approved.
(5)
In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, these Member States are taking part in the adoption and application of this Decision.
(6)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland and the declarations annexed thereto are approved on behalf of the European Union.
The text of the Protocol, its Final Act and related Declarations are attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Union the instrument of approval provided for in Article 8(1) of the Protocol, in order to express the consent of the Union to be bound, and to make the following notification:
‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the Protocol as well as in the Agreement are, where appropriate, to be understood as to “the European Union”.’
Article 3
This Decision shall enter into force on the day of its adoption.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 7 March 2011.