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
Date: 2005-03-10
Institutions: Denmark, European Community
Subjects: Denmark, EU Member State, admission of aliens, agreement (EU), biometrics, database, foreign national

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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,

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 for
examining 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 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 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;

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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;

the Court of

the European Communities should have jurisdiction under the same
CONSIDERING that
this Agreement
conditions to give preliminary rulings on questions concerning the validity and interpretation of
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;

Justice of

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;

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 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;

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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 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 imple-
menting measures to the relation between the Community and
Denmark, 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 Member
States.

The provisions of Articles 3(1), 4(1) and 5(1) of

this
from the Protocol on the position of

result

3.
Agreement
Denmark.

Article 2

The Dublin II Regulation and the Eurodac Regulation

The provisions of

1.
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 imple-
menting measures adopted after the entry into force of this
Agreement — implemented by Denmark as referred to in
Article 4 of
law
apply to the relations between the Community and Denmark.

this Agreement, shall under international

The provisions of

2.
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.

Article 3

Amendments to the Dublin II Regulation and to the
Eurodac Regulation

Denmark shall not

1.
adoption of
amendments to the Dublin II Regulation and the Eurodac Regu-
lation and no such amendments shall be binding upon or
applicable in Denmark.

take part

in the

2. 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. Notifi-
cation shall be given at
the
amendments or within 30 days hereafter.

the adoption of

the time of

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.

If the notification indicates that implementation can take
4.
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
the notification,
or have entered into force on the date of
whichever date is the latest.

If the notification indicates that implementation requires
in Denmark the following rules shall

5.
parliamentary approval
apply:

(a)

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;

(b) 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;

3.
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.

(c) Denmark shall notify the Commission of the date upon
which the implementing legislative measures enter
into
force and of any particular measures taken with respect to
provisional application.

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A Danish notification that the content of the amendments
6.
have been implemented in Denmark, according to paragraph 4
or 5, creates mutual obligations under
law
between Denmark and the Community. The amendments to
to this
the Regulations
Agreement and shall be considered annexed hereto.

then constitute amendments

international

shall

7.

In case:

(a) Denmark notifies its decision not to implement the content

of the amendments, or

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.

3.
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 imple-
4.
menting measures have been implemented in Denmark,
creates mutual obligations under international
law between
Denmark and the Community. The implementing measures
will then form part of this Agreement.

the content of

(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,

5.

In case:

(a) Denmark notifies its decision not to implement the content

of the implementing measures, or

this Agreement shall be considered terminated unless within 90
days the parties decide otherwise or, in the situation referred to
legislative measures in Denmark enter into force
under (c),
three
within the same period. Termination shall
months after the expiry of the 90-day period.

take effect

(b) Denmark does not make a notification within the 30-day

time limit set out in paragraph 2;

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.

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

Article 4

Implementing measures

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.

1.
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 Regu-
lation shall not be binding upon and shall not be applicable in
Denmark.

2. 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 imple-
menting measures
communicated to Denmark.
Denmark shall notify the Commission of its decision whether

the Eurodac Regulation,

shall be

7.
If in exceptional cases the implementation requires parlia-
in Denmark, the Danish notification under
mentary approval
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 Eurodac
Regulation shall not be binding upon and shall not be
applicable in Denmark.

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Denmark will abstain from entering into international
2.
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 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.

3. When negotiating international agreements
that may
affect or alter the scope of the Regulations as annexed to this
Agreement, Denmark will coordinate 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.

If the provisions of the Treaty establishing the European
6.
Justice are
Community regarding rulings by the Court of
amended with consequences for
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.

rulings in respect of

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 the
Agreement as set out in paragraph 6 are not affected hereby.

Article 7

Article 6

Jurisdiction of
Communities in relation to the interpretation of

the European
the

the Court of

Justice of

Agreement

1. 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).

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 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 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
4.
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).

5.
The Protocol on the Statute of the Court of Justice of the
European Communities and its Rules of Procedure shall apply.

Jurisdiction of
Communities

the Court of
relation
in

to

Justice of

compliance with

the European
the

Agreement

1.
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
2.
the non-compliance by a Member State of its obligations by
virtue of this Agreement.

The relevant provisions of

3.
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
European
Article 299 of
the
Community and in accordance with Article 26 of
‘Eurodac Regulation’ and Article 26 of the ‘Dublin II Regulation’.

the Treaty

establishing

the

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 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.

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

Requests that have been transmitted before the date of
3.
termination of the Agreement as set out in paragraph 1 or 2
are not affected hereby.

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 Union, because of its initial non-parti-
cipation to the Eurodac Regulation.

Article 11

Entry into force

The Agreement shall be adopted by the Contracting

1.
Parties in accordance with their respective procedures.

Article 10

Termination of the Agreement

The Agreement shall enter into force on the first day of
2.
the second month following the notification by the Contracting
Parties of the completion of their respective procedures required
for this purpose.

1.
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.

Article 12

Authenticity of texts

2.
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.

This Agreement is drawn up in duplicate in the Czech, Danish,
Dutch, English, Estonian, Finnish, French, German, Greek,
Hungarian,
Polish,
Portuguese, Slovene, Slovak, Spanish and Swedish languages,
each of these texts being equally authentic.

Lithuanian, Maltese,

Latvian,

Italian,

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.