Protocol to 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
Date: 2005-06-29
Institutions: European Community, Iceland, Norway
Subjects: Denmark, Ireland, Norway, admission of aliens, agreement (EU), application of EU law, protocol to an agreement, right of asylum

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to 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

PROTOCOL

THE EUROPEAN COMMUNITY,

and

THE REPUBLIC OF ICELAND,

and

THE KINGDOM OF NORWAY,

hereinafter referred to as ‘the Contracting Parties’,

BEARING IN MIND that the Protocol on the position of Denmark, annexed to the Treaty on the European Union and to
the Treaty establishing the European Community, provides that no measure adopted pursuant to Title IV of the Treaty
establishing the European Community shall be binding upon or applicable in Denmark,

REFERRING to Article 12 of the Agreement between the European Community, 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 (hereinafter referred to as ‘the Agreement between the
European Community, Iceland and Norway’) which states that the Kingdom of Denmark may request to participate in
that Agreement,

NOTING that Denmark by letter dated 16 February 2001 requested to participate in the Agreement between the
European Community, Iceland and Norway,

RECALLING that according to Article 12 of the Agreement between the European Community, Iceland and Norway, the
conditions for such participation by the Kingdom of Denmark shall be determined by the Contracting Parties, acting with
the consent of Denmark, in a Protocol to that Agreement,

CONSIDERING that it was appropriate, in the first place, for Denmark and the Community to conclude an Agreement in
order to settle, in particular, matters relating to the jurisdiction of the Court of Justice and to the coordination between
the Community and Denmark regarding international agreements,

CONSIDERING the Agreement between the Community and 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 (hereinafter
called ‘the Agreement between the European Community and Denmark’),

CONSIDERING that it is therefore necessary to fix the conditions whereby Denmark participates in the Agreement
between the European Community, Iceland and Norway and in particular it is necessary to establish rights and obligations
between Iceland and Norway and Denmark,

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NOTING that the entry into force of this Protocol
constitutional requirements,

is based on the consent of Denmark,

in accordance with its

HAVE AGREED AS FOLLOWS:

Article 1

Article 3

The Kingdom of Denmark shall participate in the Agreement
the
between the Community,
conditions set out in the Agreement between the European
Community and Denmark and this Protocol.

Iceland and Norway, under

Article 2

The provisions of the ‘Dublin II Regulation’ (1), which is
1.
annexed to this Protocol and forms part thereof, together with
its implementing measures adopted pursuant to Article 27(2) of
the ‘Dublin II Regulation’ shall, under international law, apply to
the relations between Denmark, on the one hand, and Iceland
and Norway, on the other hand.

Iceland and Norway shall be entitled to submit statements of
case or written observations to the Court of Justice in cases
where a question has been referred to it by a Danish court or
tribunal for a preliminary ruling in accordance with Article 6(1)
of
the Agreement between the European Community and
Denmark.

Article 4

In the case of a complaint by Norway or

Iceland
1.
concerning the application or the interpretation by Denmark
of this Protocol, Norway or Iceland may ask that the matter
be officially entered as a matter of dispute on the agenda of the
Joint Committee.

The provisions of the ‘Eurodac Regulation’ (2), which is
2.
annexed to this Protocol and forms part
together
with its implementing measures adopted pursuant to Article
22 or 23(2) of the ‘Eurodac Regulation’ shall, under interna-
tional law, apply to the relations between Denmark, on the one
hand, and Iceland and Norway, on the other hand.

thereof,

2.
In the case of a complaint by Denmark concerning the
application or the interpretation by Norway or Iceland of this
Protocol, Denmark shall be entitled to ask the Commission to
enter officially the matter as a matter of dispute on the agenda
of the Joint Committee. The matter shall be placed on agenda
by the Commission.

3.
Amendments to the Acts referred to under paragraph 1
and 2 which are notified by Denmark to the Commission in
accordance with Article 3 of
the Agreement between the
European Community and Denmark and which are notified
by Iceland and Norway to the Commission in accordance
the Agreement between the European
with Article 4 of
Community,
international
Iceland and Norway shall, under
law, apply to the relations between Denmark, on the one
hand, and Iceland and Norway, on the other hand.

Implementing measures adopted pursuant to Article 27(2)
4.
the ‘Dublin II Regulation’ and implementing measures
of
adopted pursuant to Article 22 or 23(2) of the ‘Eurodac Regu-
lation’ which are notified by Denmark to the Commission in
accordance with Article 4 of
the Agreement between the
European Community and Denmark and which are notified
by Iceland and Norway to the Commission in accordance
the Agreement between the European
with Article 4 of
Community,
international
Iceland and Norway shall, under
law, apply to the relations between Denmark, on the one
hand, and Iceland and Norway, on the other hand.

(1) Council Regulation (EC) No 343/2003 of 18 February 2003 estab-
lishing 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 (OJ L 50,
25.2.2003, p. 1).

(2) 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
(OJ L 316, 15.12.2000, p. 1).

3.
The Joint Committee shall have 90 days from the date of
the adoption of the agenda on which the dispute has been
entered within which to settle the dispute. For this purpose,
Denmark shall be entitled to make observations to the Joint
Committee.

In a case where a dispute is settled by the Joint Committee
4.
in a manner that
it requires implementation in Denmark,
Denmark shall, within the timeframe envisaged in para-
graph 3, notify the Parties whether or not it will
implement
the content of the settlement. In a case where Denmark notifies
its decision not to implement the content of the settlement,
paragraph 5 shall apply.

5.
In a case where the dispute cannot be settled by the Joint
Committee within the period envisaged in paragraph 3, a
further period of 90 days shall be observed for reaching a
final
taken a
that period this Protocol shall be
decision at
considered terminated at the end of the last day of that period.

the Joint Committee has not

If
the end of

settlement.

Article 5

is subject

to ratification or approval by the
This Protocol
Contracting Parties.
ratification or approval
shall be deposited with the Secretary-General of the Council
who shall act as depositary.

Instruments of

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This Protocol shall enter into force on the first day of the
second month following the notification by the Contracting
Parties of
respective procedures
the
required for this purpose.

completion of

their

Article 6

Each Contracting Party may terminate this Protocol by written
declaration to the depositary. Such declaration shall take effect
six months after its deposition.

The entry into force of this Protocol is also subject to the prior
receipt by the depositary of a Note from the Kingdom of
Denmark to the effect that the Kingdom of Denmark assents
to the provisions contained in this Protocol and declares that it
shall apply the provisions referred to in Article 2 in its mutual
relations with Iceland and Norway.

This Protocol shall cease to be effective if
between the Community and Denmark is terminated.

the Agreement

This Protocol shall cease to be effective if either the Community
or both Iceland and Norway have denounced it.

ANNEX TO THE PROTOCOL

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 (OJ L 50, 25.2.2003, p. 1)

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 (OJ L 316, 15.12.2000, p. 1)