PROTOCOL  
between the European Community, the Swiss Confederation and 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  
THE EUROPEAN COMMUNITY (hereinafter referred to as the Community),  
of the one part,  
and 
THE SWISS CONFEDERATION (hereinafter referred to as Switzerland),  
and 
THE PRINCIPALITY OF LIECHTENSTEIN (hereinafter referred to as Liechtenstein),  
of the other part,  
hereinafter referred to as the Contracting Parties,  
BEARING IN MIND that the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the 
Treaty establishing the European Community, provides that none of the measures of Title IV of the Treaty establishing the 
European Community shall be binding upon, or applicable in, Denmark;  
REFERRING to the provision of 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 (  1 ) (hereinafter referred to as the Agreement between the European 
Community and Switzerland), on the possibility for the Kingdom of Denmark (hereinafter referred to as Denmark) to 
request to participate in that Agreement;  
CONSIDERING the Protocol between the European Community, the Swiss Confederation and the Principality of Liech ­
tenstein to the same Agreement between the European Community and Switzerland on the accession of the Principality 
of Liechtenstein to that Agreement, in accordance with its Article 15;  
NOTING that the Kingdom of Denmark, by letter dated 8 November 2004, requested to participate in the same 
Agreement between the European Community and Switzerland;  
RECALLING that according to the Agreement between the European Community and Switzerland to which the Princi ­
pality of Liechtenstein has acceded, the conditions for such participation by the Kingdom of Denmark shall be determined 
by the Contracting Parties, acting with the consent of Denmark, in a Protocol to that Agreement;  
CONSIDERING that it was appropriate, in the first place, for Denmark and the Community to conclude an Agreement in 
order to settle, in particular, matters relating to the jurisdiction of the Court of Justice and to the coordination between 
the Community and Denmark regarding international agreements;  
CONSIDERING the Agreement between the European Community and the Kingdom of Denmark on the criteria and 
mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other 
Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the 
Dublin Convention (  2 ); 
CONSIDERING that it is therefore necessary to fix the conditions whereby Denmark participates in the Agreement 
between the European Community and Switzerland, to which Liechtenstein has acceded, and that in particular it is 
necessary to establish rights and obligations between Switzerland, Liechtenstein and Denmark;  
NOTING that the entry into force of this Protocol is based on the consent of Denmark, in accordance with its 
constitutional requirements,EN L 161/8 Official Journal of the European Union 24.6.2009  
( 1 ) OJ L 53, 27.2.2008, p. 5.  
( 2 ) OJ L 66, 8.3.2006, p. 38.
HAVE AGREED AS FOLLOWS:  
Article 1  
The Kingdom of Denmark shall participate in 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 Agreement between the European Community and Swit ­
zerland) to which the Principality of Liechtenstein has acceded 
by a Protocol to that Agreement (hereinafter referred to as the 
Liechtenstein Protocol) in accordance with Article 15 of the 
Agreement, under the conditions set out in the Agreement 
between the European Community and the Kingdom of 
Denmark on the criteria and mechanisms for establishing the 
State responsible for examining a request for asylum lodged in 
Denmark or any other Member State of the European Union 
and ‘Eurodac’ for the comparison of fingerprints for the effective 
application of the Dublin Convention (hereinafter referred to as 
the Agreement between the European Community and 
Denmark) and the present Protocol.  
Article 2  
1. The provisions of Council Regulation (EC) No 343/2003 
of 18 February 2003 establishing the criteria and mechanisms 
for determining the Member State responsible for examining an 
asylum application lodged in one of the Member States by a 
third-country national (  1 ) (Dublin Regulation), which is annexed 
to this Protocol and forms part thereof, together with its im ­
plementing measures adopted pursuant to Article 27(2) of the 
‘Dublin Regulation’ shall, under international law, apply to the 
relations between Denmark on the one hand, and Switzerland 
and Liechtenstein on the other hand.  
2. The provisions of Council Regulation (EC) No 2725/2000 
of 11 December 2000 concerning the establishment of 
‘Eurodac’ for the comparison of fingerprints for the effective 
application of the Dublin Convention (  2 ) (Eurodac Regulation), 
which is annexed to this Protocol and forms part thereof, 
together with its implementing measures adopted pursuant to 
Articles 22 or 23(2) of the ‘Eurodac Regulation’ shall, under 
international law, apply to the relations between Denmark on 
the one hand, and Switzerland and Liechtenstein on the other 
hand.  
3. Amendments to the Acts referred to in paragraphs 1 and 
2 which are notified by Denmark to the Commission in 
accordance with Article 3 of the Agreement between the 
European Community and Denmark and which are notified 
by Switzerland and Liechtenstein to the Commission in 
accordance respectively with Article 4 of the Agreement 
between the European Community and Switzerland, and 
Article 5 of the Liechtenstein Protocol shall, under international 
law, apply to the relations between Denmark on the one hand, 
and Switzerland and Liechtenstein on the other hand.  4. Implementing measures adopted pursuant to Article 27(2) 
of the ‘Dublin Regulation’ and implementing measures adopted 
pursuant to Article 22 or 23(2) of the ‘Eurodac Regulation’ 
which are notified by Denmark to the Commission in 
accordance with Article 4 of the Agreement between the 
European Community and Denmark and which are notified 
by Switzerland and Liechtenstein to the Commission in 
accordance respectively with Article 4 of the Agreement 
between the European Community and Switzerland and 
Article 5 of the Liechtenstein Protocol shall, under international 
law, apply to the relations between Denmark on the one hand, 
and Switzerland and Liechtenstein on the other hand.  
Article 3  
Switzerland and Liechtenstein shall be entitled to submit 
statements of case or written observations to the Court of 
Justice in cases where a question has been referred to it by a 
Danish court or tribunal for a preliminary ruling, in accordance 
with Article 6(1) of the Agreement between the European 
Community and Denmark.  
Article 4  
1. In the case of a complaint by Switzerland or Liechtenstein 
concerning the application or the interpretation by Denmark of 
this Protocol, Switzerland or Liechtenstein may ask that the 
matter be officially entered as a matter of dispute on the 
agenda of the Mixed Committee.  
2. In the case of a complaint by Denmark concerning the 
application or the interpretation by Switzerland or Liechtenstein 
of this Protocol, Denmark shall be entitled to ask the 
Commission to enter officially the matter as a matter of 
dispute on the agenda of the Mixed Committee. The matter 
shall be placed on the agenda by the Commission.  
3. The Mixed Committee shall have 90 days, from the date 
of the adoption of the agenda on which the dispute has been 
entered, to settle the dispute. For this purpose, Denmark shall 
be entitled to make observations to the Mixed Committee.  
4. In case a dispute is settled by the Mixed Committee in a 
manner that requires implementation in Denmark, Denmark 
shall, within the period referred to in paragraph 3, notify the 
Parties of its implementation or non-implementation of the 
settlement.  
If Denmark notifies its decision not to implement the content 
of the settlement, paragraph 5 shall apply.  
5. If the dispute cannot be settled by the Mixed Committee 
within the period referred to in paragraph 3, a further period of 
90 days shall be allowed, with the purpose of reaching a final 
settlement. If the Mixed Committee has not taken a decision at 
the end of the period, this Protocol shall be considered 
terminated at the end of the last day of that period.EN 24.6.2009 Official Journal of the European Union L 161/9  
( 1 ) OJ L 50, 25.2.2003, p. 1.  
( 2 ) OJ L 316, 15.12.2000, p. 1.
Article 5  
This Protocol is subject to ratification or approval by the 
Contracting Parties.  
Instruments of ratification or approval shall be deposited with 
the Secretary-General of the Council, who shall act as 
depositary.  
As far as Liechtenstein is concerned, this Protocol shall enter 
into force on the first day of the second month following the 
notification by the Community and Liechtenstein of the 
completion of their respective procedures.  
As far as Switzerland is concerned, this Protocol shall enter into 
force on the first day of the second month following the noti ­
fication by the Community and Switzerland of the completion 
of their respective procedures.  The entry into force of this Protocol for the Community and 
Liechtenstein on the one hand, and for the Community and the 
Swiss Confederation, on the other hand, is also subject to the 
prior receipt by the depositary of a Note from Denmark to the 
effect that Denmark assents to the provisions contained in the 
present Protocol and declares that it shall apply the provisions 
referred to in Article 2 in its mutual relations with Switzerland 
and Liechtenstein.  
Article 6  
Each Contracting Party may terminate this Protocol by written 
declaration addressed to the depositary. Such declaration shall 
take effect six months after its deposition.  
This Protocol shall cease if the Agreement between the 
Community and Denmark is terminated.  
This Protocol shall cease if either the Community or both Swit ­
zerland and Liechtenstein have denounced it.EN L 161/10 Official Journal of the European Union 24.6.2009
За Европейската  общност  
Por la Comunidad Europea  
Za Evropské spole čenství  
For Det Europæiske Fællesskab  
Für die Europäische Gemeinschaft  
Euroopa Ühenduse nimel  
Για την Ευρωπαϊκή  Κοινότητα  
For the European Community  
Pour la Communauté européenne  
Per la Comunità europea  
Eiropas Kopienas v ārd ā 
Europos bendrijos vardu  
az Európai Közösség részér ől 
Għall-Komunitá Ewropea  
Voor de Europese Gemeenschap  
W imieniu Wspólnoty Europejskiej  
Pela Comunidade Europeia  
Pentru Comunitatea European ă 
Za Európske spolo čenstvo  
Za Evropsko skupnost  
Euroopan yhteisön puolesta  
På Europeiska gemenskapens vägnar
  
За Конфедерация  Швейцария  
Por la Confederación Suiza  
Za Švýcarskou konfederaci  
For Det Schweiziske Forbund  
Für die Schweizerische Eidgenossenschaft  
Šveitsi Konföderatsiooni nimel  
Για την Ελβετική  Συνομοσπονδία  
For the Swiss Confederation  
Pour la Confédération suisse  
Per la Confederazione svizzera  
Šveices Konfeder ācijas v ārd ā 
Šveicarijos Konfederacijos vardu  
A Svájci Államszövetség részér ől 
Għall-Konfederazzjoni Żvizzera  
Voor de Zwitserse Bondsstaat  
W imieniu Konfederacji Szwajcarskiej  
Pela Confederação Suíça  
Pentru Confedera ția Elve țian ă 
Za Švaj čiarsku konfederáciu  
Za Švicarsko konfederacijo  
Sveitsin valaliiton puolesta  
På Schweiziska edsförbundets vägnar
  За Княжество  Лихтенщайн  
Por el Principado de Liechtenstein  
Za Lichtenštejnské knížectví  
For Fyrstendømmet Liechtenstein  
Für das Fürstentum Liechtenstein  
Liechtensteini Vürstiriigi nimel  
Για το Πριγκιπάτο  του Λιχτενστάιν  
For the Principality of Liechtenstein  
Pour la Principauté de Liechtenstein  
Per il Principato del Liechtenstein  
Lihtenšteinas Firstistes v ārd ā 
Lichtenšteino Kunigaikštyst ės vardu  
A Liechtensteini Hercegség részér ől 
Għall-Prin ċipat ta' Liechtenstein  
Voor het Vorstendom Liechtenstein  
W imieniu Ksi ęstwa Liechtensteinu  
Pelo Principado do Liechtenstein  
Pentru Principatul Liechtenstein  
Za Lichtenštajnské kniežatstvo  
Za Kneževino Lihtenštajn  
Liechtensleinin ruhtinaskunnan puolesta  
För Furstendömet Liechtenstein
EN 24.6.2009 Official Journal of the European Union L 161/11
ANNEX  
COUNCIL REGULATION (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for deter ­
mining the Member State responsible for examining an asylum application lodged in one of the Member States by a 
third-country national (OJ L 50, 25.2.2003, p. 1).  
COUNCIL REGULATION (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the 
comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).EN L 161/12 Official Journal of the European Union 24.6.2009