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 anyother Member State of the European Union and ‘Eurodac ’for the comparison of fingerprints for the
effective application of the Dublin Convention
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community ’,
of the one part, and
THE KINGDOM OF DENMARK, hereinafter referred to as ‘Denmark ’,
of the other part,REFERRING to Denmark ’s participation in the Convention determining the State responsible for examining applications
for asylum lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990,hereinafter referred to as the ‘Dublin Convention ’;
REFERRING to Article 12 of the Agreement between the European Community and the Republic of Iceland and the
Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a
request for asylum lodged in a Member State or Iceland or Norway;
TAKING INTO ACCOUNT that the 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, hereinafter referred to as the ‘Dublin II Regulation ’, replaces the ‘Dublin
Convention ’;
NOTING that the Commission Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council
Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible forexamining an asylum application lodged in one of the Member States by a third-country national was adopted on 2
September 2003;
CONSIDERING the importance of the Council Regulation (EC) No 2725/2000 of 11 December 2000 regarding the
establishment of ‘Eurodac ’for the comparison of fingerprints for the effective application of the Dublin Convention,
hereinafter referred to as the ‘Eurodac Regulation ’. The ‘Eurodac Regulation ’and the ‘Dublin II Regulation ’are hereinafter
referred to as the ‘Regulations ’;
NOTING that the Council on 28 February 2002 adopted the Regulation (EC) No 407/2002 regarding certain rules to
implement the Eurodac Regulation;
REFERRING to the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty
establishing the European Community (the Protocol on the position of Denmark) pursuant to which the Dublin IIRegulation and the Eurodac Regulation shall not be binding upon or applicable in Denmark;
DESIRING that the provisions of the Regulations, future amendments thereto and the implementing measures relating to
them should under international law apply to the relations between the Community and Denmark being a Member State
with a special position with respect to Title IV of the Treaty establishing the European Community;
STRESSING the importance of proper coordination between the Community and Denmark with regard to the negotiation
and conclusion of international agreements that may affect or alter the scope of the Regulations;EN L 66/38 Official Journal of the European Union 8.3.2006
STRESSING that Denmark should seek to join international agreements entered into by the Community where Danish
participation in such agreements is relevant for the coherent application of the Regulations and this Agreement;
STATING that the Court of Justice of the European Communities should have jurisdiction in order to secure the uniform
application and interpretation of this Agreement including the provisions of the Regulations and any implementingCommunity measures forming part of this Agreement;
REFERRING to the jurisdiction conferred to the Court of Justice of the European Communities pursuant to Article 68(1)
of the Treaty establishing the European Community to give rulings on preliminary questions relating to the validity and
interpretation of acts of the institutions of the Community based on Title IV of the Treaty, including the validity andinterpretation of this Agreement, and to the circumstance that this provision shall not be binding upon or applicable inDenmark, as results from the Protocol on the position of Denmark;
CONSIDERING that the Court of Justice of the European Communities should have jurisdiction under the same
conditions to give preliminary rulings on questions concerning the validity and interpretation of this Agreement
which are raised by a Danish court or tribunal, and that Danish courts and tribunals should therefore request preliminaryrulings under the same conditions as courts and tribunals of other Member States in respect of the interpretation of the
Regulations and their implementing measures;
REFERRING to the provision that, pursuant to Article 68(3) of the Treaty establishing the European Community, the
Council of the European Union, the European Commission and the Member States may request the Court of Justice of theEuropean Communities to give a ruling on the interpretation of acts of the institutions of the Community based on TitleIV of the Treaty, including the interpretation of this Agreement, and the circumstance that this provision shall not be
binding upon or applicable in Denmark, according to the Protocol on the position of Denmark;
CONSIDERING that Denmark should, under the same conditions as other Member States in respect of the Regulations
and their implementing measures, be accorded the possibility to request the Court of Justice of the European Commu-nities to give rulings on questions relating to the interpretation of this Agreement;
STRESSING that under Danish law the courts in Denmark should —when interpreting this Agreement including the
provisions of the Regulations and any implementing Community measures forming part of this Agreement —take due
account of the rulings contained in the case-law of the Court of Justice of the European Communities and of the courts ofthe Member States of the European Communities in respect of provisions of the Regulations and any implementing
Community measures;
CONSIDERING that it should be possible to request the Court of Justice of the European Communities to rule on
questions relating to compliance with obligations under this Agreement pursuant to the provisions of the Treatyestablishing the European Community governing proceedings before the Court;
WHEREAS, by virtue of Article 300(7) of the Treaty establishing the European Community, this Agreement binds
Member States; it is therefore appropriate that Denmark, in the case of non-compliance by a Member State, should
be able to bring a complaint to the Commission as guardian of the Treaty;
CONSIDERING that Denmark according to Article 3 of the Protocol on the position of Denmark does not bear financial
consequences of measures which are not binding upon or applicable in Denmark other than administrative costs, and thatDenmark ’s contribution to the operational costs linked to the establishment and operation of the Central Unit according
to Article 3 of the Eurodac Regulation therefore must be determined;
STRESSING that a Protocol according to Article 12 of the Agreement between European Community and Iceland and
Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylumlodged in a Member State or Iceland or Norway shall ensure the relations between Iceland and Norway on the one hand
and Denmark on the other hand regarding the provisions of the Dublin II Regulation and the Eurodac Regulation;EN 8.3.2006 Official Journal of the European Union L 66/39
DESIRING that the content of this Protocol is determined by the European Community and Iceland and Norway in
parallel with this Agreement, acting with the consent of Denmark,
HAVE AGREED AS FOLLOWS:
Article 1
Aim
1. The aim of this Agreement is to apply the provisions of
Council Regulation (EC) No 343/2003 of 18 February 2003 onthe criteria and mechanisms for establishing the Member Stateresponsible for examining a request for asylum lodged inDenmark or any other Member State of the European Union(Dublin II Regulation), Council Regulation (EC) No 2725/2000of 11 December 2000 concerning the establishment of Eurodacfor the comparison of fingerprints for the effective applicationof the Dublin Convention (Eurodac Regulation) and their imple-menting measures to the relation between the Community andDenmark, in accordance with Article 2(1) and 2(2).
2. It is the objective of the Contracting Parties to arrive at a
uniform application and interpretation of the provisions of the
Regulations and their implementing measures in all MemberStates.
3. The provisions of Articles 3(1), 4(1) and 5(1) of this
Agreement result from the Protocol on the position ofDenmark.
Article 2
The Dublin II Regulation and the Eurodac Regulation
1. The provisions of the Dublin II Regulation which is
annexed to this Agreement and forms part thereof, togetherwith its implementing measures adopted pursuant to Article27(2) of the Dublin II Regulation and —in respect of imple-
menting measures adopted after the entry into force of thisAgreement —implemented by Denmark as referred to in
Article 4 of this Agreement, shall under international lawapply to the relations between the Community and Denmark.
2. The provisions of the Eurodac Regulation which is
annexed to this Agreement and forms part thereof, togetherwith its implementing measures adopted pursuant to Article
22 or 23(2) of the Eurodac Regulation and —in respect of
implementing measures adopted after the entry into force ofthis Agreement —implemented by Denmark as referred to in
Article 4 of this Agreement, shall under international law applyto the relations between the Community and Denmark.
3. The date of entry into force of this Agreement shall apply
instead of the date referred to in Article 29 of the Dublin IIRegulation, and Article 27 of the Eurodac Regulation.Article 3
Amendments to the Dublin II Regulation and to the
Eurodac Regulation
1. Denmark shall not take part in the adoption of
amendments to the Dublin II Regulation and the Eurodac Regu-lation and no such amendments shall be binding upon orapplicable in Denmark.
2. Whenever amendments to the Regulations are adopted
Denmark shall notify the Commission of its decision whetheror not to implement the content of such amendments. Notifi-cation shall be given at the time of the adoption of theamendments or within 30 days hereafter.
3. If Denmark decides that it will implement the content of
the amendments the notification shall indicate whether imple-mentation can take place administratively or requires parlia-mentary approval.
4. If the notification indicates that implementation can take
place administratively the notification shall, moreover, state thatall necessary administrative measures enter into force on thedate of entry into force of the amendments to the Regulationsor have entered into force on the date of the notification,
whichever date is the latest.
5. If the notification indicates that implementation requires
parliamentary approval in Denmark the following rules shall
apply:
(a) legislative measures in Denmark shall enter into force on
the date of entry into force of the amendments to theRegulations or within 6 months after the notification,whichever date is the latest;
(b) if legislative measures in Denmark have not entered into
force on the date the amendments to the Regulationsenter into force, Denmark shall to the extent compatiblewith national law apply the substance of the amendmentsprovisionally;
(c) Denmark shall notify the Commission of the date upon
which the implementing legislative measures enter intoforce and of any particular measures taken with respect toprovisional application.EN L 66/40 Official Journal of the European Union 8.3.2006
6. A Danish notification that the content of the amendments
have been implemented in Denmark, according to paragraph 4or 5, creates mutual obligations under international lawbetween Denmark and the Community. The amendments tothe Regulations shall then constitute amendments to thisAgreement and shall be considered annexed hereto.
7. In case:(a) Denmark notifies its decision not to implement the content
of the amendments, or
(b) Denmark does not make a notification within the 30 days
time limit set out in paragraph 2; or
(c) legislative measures in Denmark do not enter into force
within the time limits set out in paragraph 5,
this Agreement shall be considered terminated unless within 90
days the parties decide otherwise or, in the situation referred tounder (c), legislative measures in Denmark enter into forcewithin the same period. Termination shall take effect threemonths after the expiry of the 90-day period.
8. Requests that have been transmitted in accordance with
the Dublin II Regulation before the date of termination of theAgreement as set out in paragraph 7 are not affected hereby.
Article 4
Implementing measures
1. Denmark shall not take part in the adoption of opinions
by the Committee referred to Article 27(2) of the Dublin IIRegulation and Article 23(2) of the Eurodac Regulation or inthe adoption of implementing measures adopted pursuant toArticle 22 of the Eurodac Regulation. Implementing measuresadopted pursuant to Article 27(2) of the Dublin II Regulation orpursuant to 23(2) of the Eurodac Regulation and implementingmeasures adopted pursuant to Article 22 of the Eurodac Regu-lation shall not be binding upon and shall not be applicable inDenmark.
2. Whenever implementing measures are adopted pursuant
to Article 27(2) of the Dublin II Regulation and pursuant toArticle 22 or 23(2) of the Eurodac Regulation, the imple-menting measures shall be communicated to Denmark.Denmark shall notify the Commission of its decision whetheror not to implement the content of the implementing measures.
Notification shall be given upon receipt of the implementingmeasures or within 30 days thereafter.
3. The notification shall state that all necessary administrative
measures in Denmark enter into force on the date of entry intoforce of the implementing measures or have entered into forceon the date of the notification, whichever date is the latest.
4. A Danish notification that the content of the imple-
menting measures have been implemented in Denmark,
creates mutual obligations under international law betweenDenmark and the Community. The implementing measureswill then form part of this Agreement.
5. In case:(a) Denmark notifies its decision not to implement the content
of the implementing measures, or
(b) Denmark does not make a notification within the 30-day
time limit set out in paragraph 2;
this Agreement shall be considered terminated unless the parties
decide otherwise within 90 days. Termination shall take effectthree months after the expiry of the 90-day period.
6. Requests that have been transmitted in accordance with
the‘Dublin II Regulation ’before the date of termination of the
Agreement as set out in paragraph 5 are not affected hereby.
7. If in exceptional cases the implementation requires parlia-
mentary approval in Denmark, the Danish notification under
paragraph 2 shall indicate this and the provisions of Article 3(5)to (8), shall apply.
Article 5
International agreements which affect the Dublin II Regu-
lation and the Eurodac Regulation
1. International agreements entered into by the Community
based on the rules of the Dublin II Regulation and the EurodacRegulation shall not be binding upon and shall not beapplicable in Denmark.EN 8.3.2006 Official Journal of the European Union L 66/41
2. Denmark will abstain from entering into international
agreements which may affect or alter the scope of the Regu-lations as annexed to this Agreement concerning the determi-nation of responsibility for examining an asylum application ormeasures concerning the comparison of fingerprints of thirdcountry nationals covered by the Eurodac Regulation unless itis done with the agreement of the Community and satisfactoryarrangements have been made with regard to the relationship
between this Agreement and the international agreement in
question.
3. When negotiating international agreements that may
affect or alter the scope of the Regulations as annexed to thisAgreement, Denmark will coordinate its position with theCommunity and will abstain from any actions that wouldjeopardise the objectives of a Community position within itssphere of competence in such negotiations.
Article 6
Jurisdiction of the Court of Justice of the European
Communities in relation to the interpretation of the
Agreement
1. Where a question on the validity or interpretation of this
Agreement is raised in a case pending before a Danish court ortribunal, that court or tribunal shall request the Court of Justiceto give a ruling thereon whenever under the same circumstancesa court or tribunal of another Member State of the EuropeanUnion would be required to do so in respect of the Dublin IIRegulation and the Eurodac Regulation and their implementingmeasures referred to in Article 2(1) and 2(2).
2. Under Danish law, the courts in Denmark shall, when
interpreting this Agreement, take due account of the rulingscontained in the case-law of the Court of Justice in respect ofprovisions of the Dublin II Regulation and the Eurodac Regu-lation and any implementing Community measures.
3. Denmark may, like the Council, the Commission and any
Member State, request the Court of Justice to give a ruling on aquestion of interpretation of this Agreement. The ruling givenby the Court of Justice in response to such a request shall notapply to judgments of courts or tribunals of the Member Stateswhich have become res judicata .
4. Denmark shall be entitled to submit observations to the
Court of Justice in cases where a question has been referred to itby a court or tribunal of a Member State for a preliminaryruling concerning the interpretation of any provision referredto in Article 2(1) and 2(2).
5. The Protocol on the Statute of the Court of Justice of the
European Communities and its Rules of Procedure shall apply.6. If the provisions of the Treaty establishing the European
Community regarding rulings by the Court of Justice areamended with consequences for rulings in respect of theDublin II Regulation and the Eurodac Regulation, Denmarkmay notify the Commission of its decision not to apply theamendments in respect of this Agreement. Notification shall begiven at the time of the entry into force of the amendments orwithin 60 days hereafter.
In such a case this Agreement shall be considered terminated.
Termination shall take effect three months after the notification.
7. Requests that have been transmitted in accordance with
the Dublin II Regulation before the date of termination of theAgreement as set out in paragraph 6 are not affected hereby.
Article 7
Jurisdiction of the Court of Justice of the European
Communities in relation to compliance with the
Agreement
1. The Commission may bring before the Court of Justice
cases against Denmark concerning non-compliance with anyobligation under this Agreement.
2. Denmark may bring a complaint to the Commission as to
the non-compliance by a Member State of its obligations byvirtue of this Agreement.
3. The relevant provisions of the Treaty establishing the
European Community governing proceedings before the Courtof Justice as well as the Protocol on the Statute of the Court ofJustice of the European Communities and its Rules of Procedureshall apply.
Article 8
Territorial application
This Agreement shall apply to the territories referred to in
Article 299 of the Treaty establishing the EuropeanCommunity and in accordance with Article 26 of the‘Eurodac Regulation ’and Article 26 of the ‘Dublin II Regulation ’.
Article 9
Financial contributions regarding Eurodac
As far as administrative and operational costs linked to the
installation and operation of the Central Unit of Eurodac areconcerned, Denmark shall contribute to the annual budget ofthe EU an annual sum, calculated on the basis of the budgetaryappropriations allocated for that purpose, in accordance withthe percentage of the Danish gross national product in relationto the overall gross national product of all participating States.EN L 66/42 Official Journal of the European Union 8.3.2006
This provision shall apply from the year of the link-up of
Denmark to the Central Unit.
The contribution of Denmark to the initial installation of the
Central Unit will amount to a lump sum equivalent to theamount reimbursed on the Danish contribution to the generalbudget of the European Union, because of its initial non-parti-cipation to the Eurodac Regulation.
Article 10
Termination of the Agreement
1. This Agreement shall terminate if Denmark informs the
other Member States that it no longer wishes to avail itself ofthe provisions of Part I of the Protocol on the position ofDenmark, under Article 7 of that Protocol.
2. This Agreement may be terminated by either Contracting
Party giving notice to the other Contracting Party. Terminationshall be effective six months after the date of such notice.3. Requests that have been transmitted before the date of
termination of the Agreement as set out in paragraph 1 or 2are not affected hereby.
Article 11
Entry into force
1. The Agreement shall be adopted by the Contracting
Parties in accordance with their respective procedures.
2. The Agreement shall enter into force on the first day of
the second month following the notification by the ContractingParties of the completion of their respective procedures requiredfor this purpose.
Article 12
Authenticity of texts
This Agreement is drawn up in duplicate in the Czech, Danish,
Dutch, English, Estonian, Finnish, French, German, Greek,Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,Portuguese, Slovene, Slovak, Spanish and Swedish languages,each of these texts being equally authentic.
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.
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.EN 8.3.2006 Official Journal of the European Union L 66/43