Decision No 1/98 of 30 June 1998 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning provisions for the implementation of the Convention
Date: 1998-06-30
Institutions: Representatives of the Governments of the Member States
Subjects: Intergovernmental Convention (EU), committee (EU), refugee, right of asylum

14. 7. 98

EN

Official Journal of the European Communities

L 196/49

(Conventions signed between Member States)

DECISION No 1/98

of 30 June 1998

of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990,
concerning provisions for the implementation of the Convention

(98/451/CMS)

THE COMMITTEE set up by Article 18 of the Convention
determining the State responsible for examining applica-
tions for asylum lodged in one of the Member States of
the European Communities, signed in Dublin on 15 June
1990 (1) (hereinafter referred to as ‘the committee' and ‘the
Convention' respectively),

HAVING REGARD to Article 18(1) and (2) of the Conven-
tion,

WHEREAS it is necessary to supplement Decision No
1/97 of the committee of 9 September 1997 concerning
provisions for the implementation of the Convention (2),
in order to ensure the effective implementation thereof;

WHEREAS, in particular, the use of information on the
ways and means asylum seekers enter the European
Union in determining the State responsible under the
Convention should be clarified;

fingerprint data between
WHEREAS the exchange of
Member States, in accordance with their national law, is a
useful mechanism for confirming identity and identifying
the Member State of arrival in the European Union in
support of the operation of the Convention;

WHEREAS the development of practical cooperation
between the Member States would facilitate implementa-
tion of the Convention,

HAS DECIDED AS FOLLOWS:

Article 1

from reliable and verifiable sources on the ways and
means asylum seekers enter the European Union.

2.
It is understood that the information referred to in
paragraph 1 is not in itself sufficient to determine the
responsibility and the competence of a Member State
under the Convention, but it may contribute to the evalu-
ation of other
indications relating to the individual
asylum seeker.

shall

States

ensure

3. Member
information
obtained about the ways and means asylum seekers enter
the European Union is made available promptly to of-
ficials responsible for making and examining applications
under Article 11 of the Convention.

that

Article 2

Exchange of fingerprints under Article 15 of the
Convention

1. Without prejudice to any provisions in the Conven-
tion or in other decisions of the committee, each Member
State may request fingerprint information under Article
15(2) of
the Convention from another Member State
where there are reasons to do so in pursuance of the
objectives stated in Article 15(1) thereof.

2.
The provision of fingerprint information in response
to requests made pursuant to paragraph 1 shall be subject
to the national law of the requested Member State and to
the principles of data protection applicable in the Euro-
pean Union.

Information on ways and means asylum seekers
enter the European Union

Article 3

Subject to paragraph 2, when making and examining
1.
applications under Article 11 of
the
Member States concerned should be prepared together to
take account, in appropriate cases, of relevant information

the Convention,

(1) OJ C 254, 19. 8. 1997, p. 1.
(2) OJ L 281, 14. 10. 1997, p. 1.

Applications to assume responsibility

Applications under Article 11 of the Convention shall
contain all the information available to the Member State
making the application which is necessary for deter-
mining responsibility for examining the asylum applica-
tion.

L 196/50

EN

Official Journal of the European Communities

14. 7. 98

Article 4
Liaison and cooperation

would be helpful to practitioners. Its contents shall be
kept under regular review.

Each Member State shall

1.
take such steps as are
necessary, in particular by means of visits, where practic-
able, to ensure that close working relationships are main-
tained between its own officials and officials in other
Member States who are responsible for carrying out func-
tions in relation to the Convention and with whom it has
significant dealings.
2. Where possible and where mutually beneficial to do
so, each Member State should exchange liaison officiers
with other Member States, with a view to improving
communication links.
3. A handbook for practitioners of the Convention shall
be prepared, distributed, updated and supplemented by
the General Secretariat of the Council of the European
Union. The handbook shall contain such information as

Article 5

Entry into force

This Decision shall enter into force on the day of its
publication in the Official Journal.

Done at Brussels, 30 June 1998.

For the Committee

The Chairman

J. STRAW