2001/258/EC: Council Decision of 15 March 2001 concerning the conclusion of an 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
Date: 2001-03-15
Institutions: Council of the European Union
Subjects: Iceland, Norway, admission of aliens, agreement (EU), cooperation policy, fundamental rights

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Official Journal of the European Communities

3.4.2001

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 15 March 2001

concerning the conclusion of an 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

(2001/258/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 63(1) in conjunction with
the second sentence of the first subparagraph of Article 300(2)
and the first subparagraph of Article 300(3),

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

The Commission has negotiated on behalf of the Euro-
pean Community an Agreement between the European
Community and the Republic of
Iceland and the
Kingdom of Norway concerning the criteria and mecha-
nisms for establishing the State responsible for exam-
ining a request for asylum lodged in a Member State or
in Iceland or Norway (hereinafter referred to as ‘the
Agreement’).

The Agreement was signed, on behalf of the European
Community, on 19 January 2001, subject to its possible
conclusion at a later date,
in accordance with the
Council Decision of 19 January 2001.

The Agreement should now be approved.

It
is also necessary to make arrangements for
application of certain provisions of the Agreement.

the

The Agreement establishes a Joint Committee with
decision-making powers in certain areas and it is thus
necessary to specify who represents the Community
within this Committee.

(1) Proposal of 31 January 2001 (not yet published in the Official

(2) Opinion delivered on 14 February 2000 (not yet published in the

Journal).

Official Journal).

(6)

(7)

(8)

It is further necessary to provide for a procedure laying
down how a Community position is adopted.

in accordance with
The United Kingdom and Ireland,
Article 3 of the Protocol on the position of the United
Kingdom and Ireland annexed to the Treaty on Euro-
pean Union and the Treaty establishing the European
Community, have given notice of their wish to take part
in the adoption and application of this Decision.

Denmark, in accordance with Articles 1 and 2 of the
Protocol on the position of Denmark annexed to the
said Treaties, is not participating in the adoption of this
Decision and is therefore not bound by it nor subject to
its application,

HAS DECIDED AS FOLLOWS:

Article 1

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 respon-
sible for examining a request for asylum lodged in a Member
State or in Iceland or Norway is hereby approved on behalf of
the Community.

The text of the Agreement is 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 European
Community the Instrument of approval provided for in Article
14 of the Agreement, in order to express the consent of the
Community to be bound.

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Official Journal of the European Communities

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Article 3

Article 5

The Commission shall represent the Community in the Joint
Committee established by Article 3 of the Agreement.

This Decision shall be published in the Official Journal of the
European Communities.

Article 4

The position of

the Community within the

1.
Joint
Committee with regard to the adoption of its Rules of Proce-
dure as required under Article 3(2) of the Agreement shall be
taken by the Commission after consultation of a special
committee designated by the Council.

2.
For all other Joint Committee decisions, the position of
the Community shall be adopted by the Council, acting by
qualified majority, on a proposal by the Commission.

Done at Brussels, 15 March 2001.

For the Council

The President

M-I. KLINGVALL