Proposal for Council Decision on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 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 and Council Regulation (EC) No 2725/2000 concerning the establishment of "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention
Date: 2004-09-17
Institutions: European Commission
Subjects: Denmark, EU Member State, admission of aliens, agreement (EU), biometrics, database management system, foreign national, right of asylum

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.9.2004 
COM(2004)594 final 

2004/0205 (CNS) 

Proposal for 

COUNCIL DECISION 

on the signing of the Agreement between the European Community and the Kingdom of 
Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 
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 and Council Regulation (EC) No 2725/2000 concerning the 
establishment of “Eurodac” for the comparison of fingerprints for the effective 
application of the Dublin Convention 

Proposal for 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 343/2003 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 and Council Regulation (EC) No 2725/2000 
concerning the establishment of “Eurodac” for the comparison of fingerprints for the 
effective application of the Dublin Convention 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL BACKGROUND 

Further to Articles 1 and 2 of the Protocol on the position of Denmark annexed to the TEU 
and the TEC, Denmark did not take part in the adoption by the Council of Regulation (EC) 
No  343/2003  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  (“the  Dublin  II  Regulation”)  and  Council  Regulation  (EC)  No 
2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for 
the effective application of the Dublin Convention (“the Eurodac Regulation”). 

However,  Denmark  is  a  party  to  the  Convention  determining  the  State  responsible  for 
examining  applications  for  asylum  lodged  in  one  of  the  Member  States  of  the  European 
Communities (“the Dublin Convention”), signed in Dublin on 15 June 1990. 

On 19 January 2001 the  Community  concluded an Agreement with 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 in Iceland 
or Norway. Article 12 of that Agreement states that Denmark may request to participate in the 
Agreement,  and  that  the  conditions  for  such  participation  are  to  be  determined  by  the 
Community,  Norway  and  Iceland,  acting  with  the  consent  of  Denmark,  in  a  Protocol  to  the 
Agreement. 

Denmark has asked to conclude international agreements with the Community with a view to 
regulating its relations with the other Member States by taking over the existing Community 
instruments.  

In  its  Communication  of  April  2002,  while  approving  the  possibility  of  concluding 
international agreements in certain specific cases with Denmark on an exceptional, temporary 
basis,  the  Commission  nevertheless  laid  down  the  conditions  for  such  agreements,  in 
particular with regard to the jurisdiction of the Court of Justice and Denmark's obligations as 
regards its external relations in the relevant fields. By Decision of 6 May 2003, the Council 
authorised  the  Commission  to  negotiate  an  agreement  with  the  Kingdom  of  Denmark 
extending to Denmark the provisions of Council Regulation (EC) No 343/2003 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  and 
Council  Regulation  (EC)  No  2725/2000  concerning  the  establishment  of  “Eurodac”  for  the 
comparison  of  fingerprints  for  the  effective  application  of  the  Dublin  Convention,  and  to 
negotiate  with  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  the  conclusion  of  a 
Protocol pursuant 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 in Iceland or Norway. It deemed it important to conclude an agreement with Denmark 
at the same time as the Protocol to the Agreement with Norway and Iceland to ensure that the 
Court of Justice had jurisdiction in respect of Denmark as regards both the interpretation and 
the  validity  of  the  agreements  and  regulations  in  question,  and  to  regulate  the  mutual 
obligations arising from international agreements.  

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Negotiations for the Agreement began in June 2003 and the document was initialled on 8 June 
2004. 

As  regards  the  Community,  the  legal  basis  of  the  Agreement  is  Article  63(1)(a),  read  in 
conjunction with Article 300 TEC.  

The  enclosed  proposals  are  the  legal  instrument  for  the  signing  and  conclusion  of  the 
Agreement.  The Council will  act by qualified majority (Article 251 on the basis of the first 
indent of Article 67(5) TEC). According to Article 300(3) TEC, the European Parliament will 
have to be consulted officially on the conclusion of the Agreement. 

II. 

RESULTS OF THE NEGOTIATIONS 

The  Commission  takes  the  view  that  the  objectives  set  by  the  Council  in  its  negotiating 
directives have been reached and that the draft Agreement is acceptable to the Community. 

The final contents of the Agreement can be summarised as follows: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the Agreement consists of 11 articles in total. It also has an Annex, which forms an 
integral part of it;  

it makes the provisions determining the State responsible for examining applications 
for  asylum  lodged  in  Denmark  or  in  another  Member  State  by  a  third-country 
national applicable in Denmark; 

it makes the Court of Justice responsible for ensuring the uniform interpretation and 
validity of the provisions of the Agreement and the Regulations to which it refers; 

it confers on the Court of Justice jurisdiction to hear and determine questions referred 
for  a  preliminary  ruling  by  the  Danish  courts  regarding  the  interpretation  of  the 
provisions of the Agreement under the same arrangements as those applicable to the 
courts and tribunals of the other Member States; 

it confers on the Court of Justice jurisdiction to give a ruling, at Denmark's request, 
on  questions  concerning  the  interpretation  of  the  provisions  governed  by  the 
Agreement, under the same circumstances and with the same effects as in respect of 
the other Member States, the Council or the Commission on questions concerning the 
interpretation of the Regulations adopted pursuant to Article 63 TEC; 

the infringement procedures established by the TEC apply; 

under  the  Agreement  Denmark  is  bound  to  accept  any  amendments  to  the 
Regulations to which it refers and their implementing measures; 

the  Agreement  regulates  the  mutual  obligations  of  the  contracting  parties  in  cases 
where  one  contracting  party  wishes  to  conclude  an  international  agreement  which 
affects the provisions governed by the Agreement; 

the Agreement contains provisions obliging Denmark to make an annual contribution 
to  the  operational  costs  associated  with  the  establishment  and  operation  of  the 

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Central  Unit  of  Eurodac  based  on  its  gross  national  product  as  a  percentage  of  the 
overall gross national product of all the Member States; 

the  recitals  of  the  Agreement  provide  for  the  Dublin  Convention  to  be  replaced  by 
the Agreement as regards relations between Denmark and the other Member States; 

the Agreement contains provisions concerning its termination. 

– 

– 

III. 

CONCLUSIONS 

In the light of the above considerations, the Commission proposes that the Council: 

– 

– 

decide that the Agreement be signed on behalf of the Community and authorise the 
President of the Council to appoint the person(s) duly empowered to sign on behalf 
of the Community; 

approve, after consulting the European Parliament, the attached Agreement between 
the European Community and the Kingdom of Denmark extending to Denmark the 
provisions  of  Council  Regulation  (EC)  No  343/2003  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  and 
Council Regulation (EC) No 2725/2000 concerning the establishment of “Eurodac” 
for  the  comparison  of  fingerprints  for  the  effective  application  of  the  Dublin 
Convention. 

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Proposal for 

COUNCIL DECISION 

on the signing of the Agreement between the European Community and the Kingdom of 
Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 
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 and Council Regulation (EC) No 2725/2000 concerning the 
establishment of “Eurodac” for the comparison of fingerprints for the effective 
application of the Dublin Convention 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

(3) 

(4) 

By  Decision  of  6  May  2003  the  Council  authorised  the  Commission  to  negotiate  an 
Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark 
extending  to  Denmark  the  provisions  of  Council  Regulation  (EC)  No  343/2003 
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 and Council Regulation (EC) No 2725/2000 concerning the 
establishment  of  “Eurodac”  for  the  comparison  of  fingerprints  for  the  effective 
application of the Dublin Convention, 

Negotiations with a view to signing the Agreement took place between June 2003 and 
April 2004, 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  initialled  at 
Luxembourg on 8 June 2004 should be signed, 

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United  Kingdom  and  Ireland  annexed  to  the  TEU  and  the  TEC,  will 
take part in adopting and applying this Decision, 

1 

OJ C … 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

Subject to its possible conclusion at a later date, the President of the Council is authorised to 
appoint  the  person(s)  empowered  to  sign,  on  behalf  of  the  Community,  the  Agreement 
between the European Community and the Kingdom of Denmark extending to Denmark the 
provisions of Council Regulation (EC) No 343/2003 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  and  Council  Regulation  (EC)  No 
2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for 
the effective application of the Dublin Convention. 

Done at Brussels,  

For the Council 
The President 

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2004/0205 (CNS) 

Proposal for 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) 
No 343/2003 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 and Council Regulation (EC) No 2725/2000 
concerning the establishment of “Eurodac” for the comparison of fingerprints for the 
effective application of the Dublin Convention 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission,2 
Having regard to the opinion of the European Parliament3 

Whereas: 

(1) 

The Commission has negotiated on behalf of the European Community an Agreement 
between  the  European  Community  and  the  Kingdom  of  Denmark  extending  to 
Denmark  the  provisions  of  Council  Regulation  (EC)  No  343/2003  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 
and  Council  Regulation  (EC)  No  2725/2000  concerning  the  establishment  of 
“Eurodac”  for  the  comparison  of  fingerprints  for  the  effective  application  of  the 
Dublin Convention, 

(2) 

The  Agreement  was  signed,  on  behalf  of  the  European  Community,  on  ..........  2004, 
subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with  Decision 
.../....../EC of the Council of [..........], 

(3) 

This Agreement should be approved, 

(4) 

The United Kingdom and Ireland, in accordance with Article 3 of the Protocol on the 
position  of  the  United  Kingdom  and  Ireland  annexed  to  the  TEU  and  the  TEC,  will 
take part in adopting and applying this Decision, 

2 
3 

OJ C … 
OJ C … 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement between the European Community and the Kingdom of Denmark extending 
to Denmark the provisions of Council Regulation (EC) No 343/2003 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  and  Council 
Regulation  (EC)  No  2725/2000  concerning  the  establishment  of  “Eurodac”  for  the 
comparison of fingerprints for the effective application of the Dublin Convention is approved 
on behalf of the Community. 

The text of the Agreement is attached to this Decision.  

The President of the Council shall make the notification provided for in Article 10(2) of the 
Agreement.4 

Article 2 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

4 

The  date  of  entry  into  force  of  the  Agreement  shall  be  the  first  day  of  the  second  month  following 
notification by the contracting parties of … 

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Annex I 

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 

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, 

1. 

2. 

3. 

4. 

5. 

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  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 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  for 
examining  an  asylum  application  lodged  in  one  of  the  Member  States  by  a  third-
country national was adopted by the Commission on 2 September 2003,  

CONSIDERING  the  importance  of  the  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”, 

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6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

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 II Regulation” 
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  co-ordination  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, 

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  implementing 
Community 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  and  interpretation  of  this  Agreement,  and  to  the 
circumstance that this provision shall not be binding upon or applicable in Denmark, 
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 preliminary rulings 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 
the  European  Communities  to  give  a  ruling  on  the  interpretation  of  acts  of  the 
institutions  of  the  Community  based  on  Title  IV  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, 

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15. 

16. 

17. 

18. 

19. 

20. 

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 Communities 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  of  the  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  Treaty  establishing  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 that Denmark’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 asylum 
lodged  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,”  

21. 

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  on  the  criteria  and  mechanisms  for  establishing  the 
Member State responsible for examining a request for asylum lodged in Denmark or 
any  other  Member  State  of  the  European  Union  (“Dublin  II  Regulation),  Council 

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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 (“Eurodac Regulation”) and their implementing measures to the 
relation between the Community and Denmark, in accordance with Article 2(1) and 
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 Member States. 

The  provisions  of  Articles  3(1),  4(1)  and  5(1)  of  this  Agreement  result  from  the 
Protocol on the position of Denmark. 

ARTICLE 2 

The “Dublin II Regulation” and the “Eurodac Regulation”  

The  provisions  of  the  “Dublin  II  Regulation”  which  is  annexed  to  this  Agreement 
and forms part thereof, together with its implementing measures adopted pursuant to 
Article  27  (2)  of  the  “Dublin  II  Regulation”  and  –  in  respect  of  implementing 
measures  adopted  after  the  entry  into  force  of  this  Agreement  -  implemented  by 
Denmark as referred to in Article 4 of this Agreement, shall under international law 
apply to the relations between the Community and Denmark. 

The provisions of the “Eurodac Regulation” which is annexed to this Agreement and 
forms  part  thereof,  together  with  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  of  this  Agreement  -  implemented  by 
Denmark as referred to in Article 4 of this Agreement, shall under international law 
apply to the relations between the Community and Denmark.  

The date of entry into force of this Agreement shall apply instead of the date referred 
to  in  Article  29  of  the  “Dublin  II  Regulation”,  and  Article  27  of  the  “Eurodac 
Regulation”. 

ARTICLE 3 

Amendments to the “Dublin II Regulation” and to the “Eurodac Regulation” 

Denmark  shall  not  take  part  in  the  adoption  of  amendments  to  the  “Dublin  II 
Regulation” and the “Eurodac Regulation” and no such amendments shall be binding 
upon or applicable in Denmark. 

Whenever  amendments  to  the  Regulations  are  adopted  Denmark  shall  notify  the 
Commission  of  its  decision  whether  or  not  to  implement  the  content  of  such 
amendments.  Notification  shall  be  given  at  the  time  of  the  adoption  of  the 
amendments or within 30 days hereafter. 

If  Denmark  decides  that  it  will  implement  the  content  of  the  amendments  the 
notification shall indicate whether implementation can take place administratively or 
requires parliamentary approval. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

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4. 

5. 

6. 

If  the  notification  indicates  that  implementation  can  take  place  administratively  the 
notification  shall,  moreover,  state  that  all  necessary  administrative  measures  enter 
into  force  on  the  date  of  entry  into  force  of  the  amendments  to  the  Regulations  or 
have entered into force on the date of the notification, whichever date is the latest. 

If  the  notification  indicates  that  implementation  requires  parliamentary  approval  in 
Denmark the following rules shall apply: 

a) 

b) 

Legislative measures in Denmark shall enter into force on the date of entry into 
force  of  the  amendments  to  the  Regulations  or  within  6  months  after  the 
notification, whichever date is the latest; 

If legislative measures in Denmark have not entered into force on the date the 
amendments  to  the  Regulations  enter  into  force  Denmark  shall  to  the  extent 
compatible  with  national  law  apply  the  substance  of  the  amendments 
provisionally;  

c)  Denmark  shall  notify 

the 
implementing  legislative  measures  enter  into  force  and  of  any  particular 
measures taken with respect to provisional application. 

the  date  upon  which 

the  Commission  of 

A Danish notification that the content of the amendments have been implemented in 
Denmark,  cf.  paragraph  4  or  5,  creates  mutual  obligations  under  international  law 
between  Denmark  and  the  Community.  The  amendments  to  the  Regulations  shall 
then  constitute  amendments  to  this  Agreement  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  to  under  c,  legislative  measures  in 
Denmark  enter  into  force  within  the  same  period.  Termination  shall  take  effect  3 
months after the expiry of the 90 days period. 

8. 

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  7  are  not 
affected hereby.  

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ARTICLE 4 

Implementing measures 

1. 

2. 

3. 

4. 

Denmark shall not take part in the adoption of opinions by the Committee referred to 
Article  27  (2)  of  the  “Dublin  II  Regulation”  and  Article  23  (2)  of  the  ”Eurodac 
Regulation” or in the adoption of implementing measures adopted pursuant to Article 
22 of the “Eurodac Regulation”. Implementing measures adopted pursuant to Article 
27  (2)  of  the  “Dublin  II  Regulation”  or  pursuant  to  23  (2)  of  the  “Eurodac 
Regulation”  and  implementing  measures  adopted  pursuant  to  Article  22  of  the 
“Eurodac  Regulation”  shall  not  be  binding  upon  and  shall  not  be  applicable  in 
Denmark.  

Whenever  implementing  measures  are  adopted  pursuant  to  Article  27  (2)  of  the 
“Dublin  II  Regulation”  and  pursuant  to  Article  22  or  23  (2)  of  the  “Eurodac 
Regulation”,  the  implementing  measures  shall  be  communicated  to  Denmark. 
Denmark shall notify the Commission of its decision whether or not to implement the 
content of the implementing measures. Notification shall be given upon receipt of the 
implementing measures or within 30 days thereafter.  

The  notification  shall  state  that  all  necessary  administrative  measures  in  Denmark 
enter into force on the date of entry into force of the implementing measures or have 
entered into force on the date of the notification, whichever date is the latest. 

A Danish notification that the content of the implementing measures creates mutual 
obligations  under  international  law  between  Denmark  and  the  Community.  The 
implementing measures will 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 days time limit set out in 

paragraph 2; or 

this  Agreement  shall  be  considered  terminated  unless  the  parties  decide  otherwise 
within 90 days. Termination shall take effect 3 months after the expiry of the 90 days 
period.  

6. 

7. 

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. 

If  in  exceptional  cases  the  implementation  requires  parliamentary  approval  in 
Denmark,  the  Danish  notification  under  paragraph  2  shall  indicate  this  and  the 
provisions of Article 3, (5)-(8), shall apply. 

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ARTICLE 5 

International agreements which affect the “Dublin II Regulation” and the “Eurodac 
Regulation” 

International  agreements  entered  into  by  the  Community  based  on  the  rules  of  the 
“Dublin II Regulation” and the “Eurodac Regulation” shall not be binding upon and 
shall not be applicable in Denmark. 

Denmark will abstain from entering into international agreements which may affect 
or  alter  the  scope  of  the  Regulations  as  annexed  to  this  Agreement  concerning  the 
determination  of  responsibility  for  examining  an  asylum  application  or  measures 
concerning the comparison of fingerprints of third country nationals covered by the 
“Eurodac  Regulation”  unless  it  is  done  with  the  agreement  of  the  Community  and 
satisfactory  arrangements  have  been  made  with  regard  to  the  relationship  between 
this Agreement and the international agreement in question.  

When negotiating international agreements that may affect or alter the scope of the 
Regulations  as  annexed  to  this  Agreement,  Denmark  will  co-ordinate  its  position 
with  the  Community  and  will  abstain  from  any  actions  that  would  jeopardise  the 
objectives  of  a  Community  position  within  its  sphere  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 

Where  a  question  on  the  validity  or  interpretation  of  this  Agreement  is  raised  in  a 
case pending before a Danish court or tribunal, that court or tribunal shall request the 
Court of  Justice to give a ruling  thereon whenever  under  the same  circumstances a 
court or tribunal of another Member State of the European Union would be required 
to do so in respect of the “Dublin II Regulation” and the “Eurodac Regulation” and 
their implementing measures referred to in Article 2(1) and 2(2). 

Under  Danish  law,  the  courts  in  Denmark  shall,  when  interpreting  this  Agreement, 
take due account of the rulings contained in the case law of the Court of Justice in 
respect  of  provisions  of  the  “Dublin  II  Regulation”  and  the  “Eurodac  Regulation” 
and any implementing Community measures. 

Denmark may, like the Council, the Commission and any Member State, request the 
Court  of  Justice  to  give  a  ruling  on  a  question  of  interpretation  of  this  Agreement. 
The ruling given by the Court of Justice in response to such a request shall not apply 
to  judgments  of  courts  or  tribunals  of  the  Member  States  which  have  become  res 
judicata. 

Denmark  shall  be  entitled  to  submit  observations  to  the  Court  of  Justice  in  cases 
where a question has been referred to it by a court or tribunal of a Member State for a 
preliminary  ruling  concerning  the  interpretation  of  any  provision  referred  to  in 
Article 2(1) and 2(2). 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

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5. 

6. 

7. 

The Protocol on the Statute of the Court of Justice of the European Communities and 
its Rules of Procedure shall apply. 

If  the  provisions  of  the  Treaty  establishing  the  European  Community  regarding 
rulings by the Court of Justice are amended with consequences for rulings in respect 
of  the  “Dublin  II  Regulation”  and  the  “Eurodac  Regulation”,  Denmark  may  notify 
the  Commission  of  its  decision  not  to  apply  the  amendments  in  respect  of  this 
Agreement.  Notification  shall  be  given  at  the  time  of  the  entry  into  force  of  the 
amendments or within 60 days hereafter. 

In such a case this Agreement shall be considered terminated. Termination shall take 
effect 3 months after the notification. 

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  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. 

2. 

3. 

The  Commission  may  bring  before  the  Court  of  Justice  cases  against  Denmark 
concerning non-compliance with any obligation under this Agreement. 

Denmark may bring a complaint to the Commission as to the non-compliance by a 
Member State of its obligations by virtue of this Agreement. 

The  relevant  provisions  of  the  Treaty  establishing  the  European  Community 
governing  proceedings  before  the  Court  of  Justice  as  well  as  the  Protocol  on  the 
Statute  of  the  Court  of  Justice  of  the  European  Communities  and  its  Rules  of 
Procedure shall apply. 

ARTICLE 8 

Territorial application 

This  Agreement  shall  apply  to  the  territories  referred  to  in  Article  299  of  the  Treaty 
establishing  the  European  Community  and  in  accordance  with  Article  26  of  the  “Eurodac 
Regulation” and Article 26 of the “Dublin II Regulation”. 

ARTICLE 8 BIS  

Financial contributions regarding “Eurodac” 

As far as administrative and operational costs linked to the installation and operation of the 
Central Unit of Eurodac are concerned, Denmark shall contribute to the annual budget of the 
EU an annual sum, calculated on the basis of the budgetary appropriations allocated for that 
purpose, in accordance with the percentage of the Danish gross national product in relation to 
the overall gross national product of all participating States. 

This provision shall apply from the year of the link-up of Denmark to the Central Unit. 

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The  contribution  of  Denmark  to  the  initial  installation  of  the  Central  Unit  will  amount  to  a 
lump  sum  equivalent  to  the  amount  reimbursed  on  the  Danish  contribution  to  the  General 
budget of the  European  Community,  because of its initial non-participation to the “Eurodac 
Regulation”. 

1. 

2. 

3. 

1. 

2. 

ARTICLE 9 

Termination of the Agreement 

This Agreement shall terminate if Denmark informs the other Member States that it 
no  longer  wishes  to  avail  itself  of  the  provisions  of  Part  I  of  the  Protocol  on  the 
position of Denmark, under Article 7 of that Protocol. 

This Agreement may be terminated by either Contracting Party giving notice to the 
other Contracting Party. Termination shall be effective six months after the date of 
such notice. 

Requests that have been transmitted before the date of termination of the Agreement 
as set out in paragraph 1 or 2 are not affected hereby. 

ARTICLE 10 

Entry into force 

The Agreement shall be adopted by the Contracting Parties in accordance with their 
respective procedures. 

The Agreement shall enter into force on the first day of the second month following 
the  notification  by  the  Contracting  Parties  of  the  completion  of  their  respective 
procedures required for this purpose. 

ARTICLE 11 

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. 

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Annex II 

COUNCIL REGULATION (EC) No 343/2003 of 18 February 2003 adopted by  the Council of 
the European Union 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 

COUNCIL REGULATION (EC) No 2725/2000 of 11 December 2000 adopted by the Council of 
the  European  Union  concerning  the  establishment  of  “Eurodac”  for  the  comparison  of 
fingerprints for the effective application of the Dublin Convention 

EN 

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