Proposal for Council Decision on the signature of a Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland
Date: 2006-12-04
Institutions: European Commission
Subjects: Liechtenstein, Switzerland, accession to an agreement, admission of aliens, protocol to an agreement, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.12.2006 
COM(2006)754 final 

2006/0252 (CNS) 

Proposal for 

COUNCIL DECISION 

on the signature of a Protocol between the European Community, the Swiss 
Confederation and the Principality of Liechtenstein on the accession of the Principality 
of Liechtenstein to the Agreement between the European Community and the Swiss 
Confederation concerning the criteria and mechanisms for establishing the State 
responsible for examining a request for asylum lodged in a Member State or in 
Switzerland 

Proposal for 

COUNCIL DECISION 

on the conclusion of a Protocol between the European Community, the Swiss 
Confederation and the Principality of Liechtenstein on the accession of the Principality 
of Liechtenstein to the Agreement between the European Community and the Swiss 
Confederation concerning the criteria and mechanisms for establishing the State 
responsible for examining a request for asylum lodged in a Member State or in 
Switzerland 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. 

INTRODUCTION 

On  26  October  2004,  the  European  Community  signed  an  Agreement  with  the  Swiss 
Confederation  regarding  criteria  and  mechanisms  for  establishing  the  State  responsible  for 
examining  a  request  for  asylum  lodged  in  a  Member  State  or  in  Switzerland  (the 
"Dublin/Eurodac agreement with Switzerland")1. 

That  Agreement  anticipated  Liechtenstein's  possible  association  with  the  Dublin/Eurodac 
acquis and made provision in its Article 15 for Liechtenstein to accede to the Agreement by 
means of a protocol determining the rights and obligations of each of the contracting parties. 

By  letter  dated  12  October  2001,  Liechtenstein  had  already  expressed  its  interest  in  joining 
Switzerland  as  a  contracting  party  to  a  possible  Schengen  and  Dublin  agreement  since  an 
open  borders  policy  for  the  movement  of  persons  has  existed  between  Switzerland  and 
Liechtenstein  for  decades.  However,  Liechtenstein  was  not  associated  with  the  negotiations 
with Switzerland on account of the absence of an agreement on savings taxation between the 
European Community and Liechtenstein. 

The European Community  and  Liechtenstein subsequently concluded such  an agreement on 
savings taxation, which has been in operation since 1 July 2005.  

By  letter  dated  10  June  2005,  Liechtenstein  confirmed  its  wish  to  be  associated  to  the 
Schengen and Dublin/Eurodac acquis.  

Following  the  authorisation  given  by  the  Council  to  the  Commission  on  27.2.2006, 
negotiations were held with Liechtenstein and Switzerland. On 21.06.2006, negotiations were 
finalised and the draft protocol on Liechtenstein's accession to the Dublin/Eurodac agreement 
with Switzerland was initialled2. 

The  attached  proposals  are  the  legal  bases  for  the  decisions  on  the  signature  and  the 
conclusion of the Protocol. The legal basis of this Protocol is Article 63(1)a, in conjunction 
with  the  first  sentence  of  the first  subparagraph  of  Article  300(2)  of  the  Treaty  establishing 
the European Community. 

The Council will decide by qualified majority. The European Parliament will be consulted on 
the  conclusion  of  the  Protocol, in  accordance  with  Article  300(3)  of  the  Treaty  establishing 
the European Community. 

1 

2 

The same day, the European Union, the European Community and the Swiss Confederation signed an 
Agreement  on  the  Swiss  Confederation's  association  with  the  implementation,  application  and 
development of the Schengen acquis (the "Schengen acquis association agreement"). 
As well as the draft Protocol on its accession to the Schengen Agreement with Switzerland and the draft 
Protocol  on  Denmark's  participation  in  the  Dublin/Eurodac  Agreement  with  Switzerland  and 
Liechtenstein. 

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II. 

RESULTS OF THE NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
were attained and that the draft Protocol is acceptable to the Community. 

The final content of the Protocol can be summarised as follows: 

–  Liechtenstein accedes to the Dublin/Eurodac agreement with Switzerland and will have to 
accept the entire Dublin/Eurodac acquis and the development thereof. If Liechtenstein does 
not  accept  future  developments  of  the  Dublin/Eurodac  acquis,  the  Protocol  will  cease  to 
operate. 

–  Liechtenstein  will  become  a  member  of  the Mixed  Committee  and  will  have  the  right  to 

express its opinion within the Mixed Committee and to preside it. 

–  The putting into effect of the Dublin/Eurodac Protocol is linked to the putting into effect of 
the  Schengen  Protocol,  as  well  as  to  the  putting  into  effect  of  the  Protocol  between  the 
European Community, Switzerland and Liechtenstein on the participation of Denmark and 
of the Agreement between Liechtenstein and Norway and Iceland on Dublin/Eurodac. 

–  Specific provisions are laid down for Liechtenstein concerning the time period needed for 
the implementation of a development of the Dublin/Eurodac acquis, in case constitutional 
requirements  need  to  be  fulfilled  by  Liechtenstein  (18  months)  and  the  financial 
contribution  that  Liechtenstein,  like  Switzerland,  has  to  pay  for  administrative  and 
operating costs associated with the setting up and operation of the Eurodac central unit. For 
Liechtenstein, this amounts to 0.071% of the initial costs of €11 675 000 and from budget 
year  2004  onwards  to  an  annual  contribution  of  0.071%  of  the  corresponding  budgetary 
appropriations  for  the  financial  year  in  question.  Consequently,  there  are  no  financial 
implications for the EU resulting from Liechtenstein's association with the Dublin/Eurodac 
acquis. 

III. 

CONCLUSIONS 

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

–  decides  that  the  Protocol  be  signed  on  behalf  of  the  Community  and  authorises  the 
President  of  the  Council  to  appoint  the  person  duly  empowered  to  sign  on  behalf  of  the 
Community; 

–  approves,  after  consulting  the  European  Parliament,  the  attached  Protocol  between  the 
European  Community,  the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  on 
the accession of the Principality of Liechtenstein to the Agreement between the European 
Community  and  the  Swiss  Confederation  concerning  the  criteria  and  mechanisms  for 
establishing the State responsible for examining a request for asylum lodged in a Member 
State or in Switzerland 

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Proposal for 

COUNCIL DECISION 

on the signature of a Protocol between the European Community, the Swiss 
Confederation and the Principality of Liechtenstein on the accession of the Principality 
of Liechtenstein to the Agreement between the European Community and the Swiss 
Confederation concerning the criteria and mechanisms for establishing the State 
responsible for examining a request for asylum lodged in a Member State or in 
Switzerland 

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), 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Following  the  authorisation  given  to  the  Commission  on  27  February  2006, 
negotiations with the Swiss Confederation and the Principality of Liechtenstein of a 
Protocol  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between  the  European  Community  and  the  Swiss  Confederation  concerning  the 
criteria  and  mechanisms  for  establishing  the  State  responsible  for  examining  a 
request for asylum lodged in a Member State or in Switzerland, have been finalised, 

The Protocol caters for the provisional application of certain of its provisions. These 
provisions should be applied on a provisional basis pending the Protocol's entry into 
force, 

Subject  to  its  conclusion  at  a  later  date,  the  Protocol  initialled  in  Brussels  on 
21 June 2006 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 Treaty on the European 
Union  and  the  Treaty  establishing  the  European  Community  will  take  part  in  the 
adoption and application of this Decision, 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaty establishing the European Community and the Treaty on the 
European Union, Denmark is not participating to the adoption of this decision and is 
not bound by or subject to its application; 

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HAS DECIDED AS FOLLOWS: 

Article 1 

Subject to its conclusion at a later date, the President of the Council is authorised to appoint 
the  person  empowered  to  sign,  on  behalf  of  the  Community,  the  Protocol  between  the 
European  Community,  the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  on  the 
accession  of  the  Principality  of  Liechtenstein  to  the  Agreement  between  the  European 
Community  and  the  Swiss  Confederation  concerning  the  criteria  and  mechanisms  for 
establishing  the  State  responsible  for  examining  a  request  for  asylum  lodged  in  a  Member 
State or in Switzerland. 

The texts of the Protocol and the related documents are attached to this Decision. 

Article 2 

In accordance with Article 8 (3) of the Protocol, Article 1, 4 and the first sentence of Article 
5(2)  of  the  Protocol  and  the  rights  and  obligations  set  out  in  Articles  2,  3  (1)  to  (4)  of  the 
agreement  between  the  European  Community  and  the  Swiss  Confederation  concerning  the 
criteria  and  mechanisms  for  establishing  the  State  responsible  for  examining  a  request  for 
asylum lodged in a Member State or in Switzerland shall be applied on a provisional basis as 
of the date on which this Protocol is signed. 

Done at Brussels,  

For the Council 
The President 

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2006/0252(CNS) 

Proposal for 

COUNCIL DECISION 

on the conclusion of a Protocol between the European Community, the Swiss 
Confederation and the Principality of Liechtenstein on the accession of the Principality 
of Liechtenstein to the Agreement between the European Community and the Swiss 
Confederation concerning the criteria and mechanisms for establishing the State 
responsible for examining a request for asylum lodged in a Member State or in 
Switzerland 

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 Commission proposal4, 
Having regard to the opinion of the European Parliament5 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Following  the  authorisation  given  to  the  Commission  on  27  February  2006, 
negotiations with the Swiss Confederation and the Principality of Liechtenstein of a 
Protocol  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between  the  European  Community  and  the  Swiss  Confederation  concerning  the 
criteria  and  mechanisms  for  establishing  the  State  responsible  for  examining  a 
request for asylum lodged in a Member State or in Switzerland, have been finalised, 

According to Decision .../....../EC of the Council of [..........], and subject to its final 
conclusion at a later date, this Protocol has been signed, on behalf of the European 
Community, on .......... 2006, 

This Protocol should be approved, 

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 Treaty on the European 
Union  and  the  Treaty  establishing  the  European  Community,  are  taking  part  in  the 
adoption and application of this Decision, 

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(5) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  the  European  Union  and  the  Treaty  establishing  the 
European Community, Denmark is not participating to the adoption of this decision 
and is not bound by or subject to its application; 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Protocol between the European Community, the Swiss Confederation and the Principality 
of  Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between  the  European  Community  and  the  Swiss  Confederation  concerning  the  criteria  and 
mechanisms for establishing the State responsible for examining a request for asylum lodged 
in  a  Member  State  or  in  Switzerland  and  related  documents  are  approved  on  behalf  of  the 
Community. 

The text of the Protocol and related documents are 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 8(1) of the Protocol, in order to express the consent of the Community to be bound. 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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Annex 

Protocol between the European Community, the Swiss Confederation and 
the Principality of Liechtenstein on the accession of the Principality of 
Liechtenstein to the Agreement between the European Community and the 
Swiss Confederation concerning the criteria and mechanisms for 
establishing the State responsible for examining a request for asylum lodged 
in a Member State or in Switzerland 

The European Community 

and 

The Swiss Confederation  

and 

The Principality of Liechtenstein, 

hereinafter referred to as "the Contracting Parties", 

HAVING  REGARD  TO  the  agreement  between  the  European  Community  and 
the Swiss Confederation concerning the criteria and mechanisms for establishing 
the  State  responsible  for  examining  a  request  for  asylum  lodged  in  a  Member 
State  or  in  Switzerland  signed  on  26.10.20046  (hereinafter  referred  to  as  the 
"agreement between the European Community and Switzerland ") and its Article 
15 that provides for the possibility of the Principality of Liechtenstein to accede 
that agreement via a protocol; 

CONSIDERING the geographical situation of the Principality of Liechtenstein; 

CONSIDERING the wish of the Principality of Liechtenstein to be associated to 
the  Community  legislation  covering  the  Dublin  and  Eurodac  regulations 
(hereinafter referred to as the "Dublin/Eurodac acquis"); 

WHEREAS  the  European  Community  has  concluded  an  agreement  with  the 
Republic of Iceland and the Kingdom of Norway on 19 January 2001 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 based on 
the Dublin Convention7; 

WHEREAS it is desirable that the Principality of Liechtenstein be associated on 
an  equal  footing  with  Iceland,  Norway  and  Switzerland  in  the  implementation, 
application and development of the Dublin/Eurodac acquis; 

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ASILE 54, 13049/04 
OJ L 93, 3.4.2001, p.38 

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WHEREAS a protocol should be concluded between the European Community, 
the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  providing  for 
Liechtenstein rights and obligations similar to those agreed between the European 
Community, of the one part, and Iceland and Norway, as well as Switzerland of 
the other part; 

WHEREAS  the  provisions  of  Title  IV  of  the  Treaty  establishing  the  European 
Community  and  the  acts  adopted  on  the  basis  of  that  Title  do  not  apply  to  the 
Kingdom  of  Denmark  pursuant  to  the  Protocol  on  the  position  of  Denmark 
annexed by the Treaty of Amsterdam to the Treaty on European Union and to the 
Treaty establishing the European Community, but it should be made possible for 
the Swiss Confederation and the Principality of Liechtenstein of the one part and 
Denmark  of  the  other  part  to  apply  the  substantive  provisions  of  the  agreement 
between the European Community and the Swiss Confederation in their relations 
with  each  other,  as  provided  for  in  Article  11(1)  of  the  agreement  between  the 
European Community and Switzerland; 

WHEREAS  it  is  necessary  to  ensure  that  the  States  with  which  the  European 
Community  has  established  an  association  for  the  purpose  of  implementing, 
applying  and  developing  the  Dublin/Eurodac  acquis  also  apply  this  acquis  in 
their relations with each other; 

WHEREAS the smooth operation of the Dublin/Eurodac acquis requires that this 
protocol  be  applied  simultaneously  with  the  agreements  between  the  various 
parties associated with or participating in the implementation and development of 
the Dublin/Eurodac acquis governing their mutual relations; 

WHEREAS  Directive  95/46/EC of  the  European  Parliament  and  of  the  Council 
of 24 October 1995 on the protection of individuals with regard to the processing 
of personal data and on the free movement of such data8 must be applied by the 
Principality  of  Liechtenstein  as  applied  by  the  Member States  of  the  European 
Union when processing data for the purposes of this Protocol; 

HAVING  REGARD  TO  the  Protocol  on  the  accession  of  the  Principality  of 
Liechtenstein  to  the  Agreement  between  the  European  Union,  the  European 
Community,  the  Swiss  Confederation  on  the  Swiss  Confederation’s  association 
with the implementation, application and development of the Schengen acquis; 

BEARING  IN  MIND  the  link  between  the  Community  acquis  concerning  the 
establishment  of  criteria  and  mechanisms  for  determining  the  State  responsible 
for  examining  a  request  for  asylum  lodged  in  one  of  the  Member  States  and 
concerning the setting-up of Eurodac and the Schengen acquis;  

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OJ L 281, 23.11.1995, p. 31. 

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WHEREAS this link requires that the Schengen acquis be applied simultaneously 
with  the  Community  acquis  concerning  the  establishment  of  criteria  and 
mechanisms  for  determining  the  State  responsible  for  examining  a  request  for 
asylum  lodged  in  one  of  the  Member  States  and  concerning  the  setting-up  of 
Eurodac; 

HAVE AGREED AS FOLLOWS: 

Article 1 

1.  In  accordance  with  Article  15  of  the  agreement  between  the  European 
Community and the Swiss Confederation concerning the criteria and mechanisms 
for establishing the State responsible for examining a request for asylum lodged 
in  a  Member  State  or  in  Switzerland  (hereinafter  referred  to  as  “the  agreement 
between  the  European  Community  and  Switzerland”),  the  Principality  of 
Liechtenstein  (hereinafter  referred  to  as  "Liechtenstein")  accedes  to  that 
agreement, under the terms and conditions set out in this Protocol. 

the 
2.  This  Protocol  creates  reciprocal  rights  and  obligations  between 
Contracting Parties, in accordance with the rules and procedures set out in herein. 

Article 2 

1.  The provisions of the 

–  Dublin Regulation9; 

–  Eurodac Regulation10; 

–  Eurodac implementing Regulation11; and 

–  the Dublin implementing Regulation12 

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10 

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12 

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 
Commission Regulation (EC) No 1560/2003 of 2 September 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 
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 
Council Regulation (EC) No 407/2002 of 28 February 2002 laying down certain rules to 
implement  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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shall  be  implemented  by  Liechtenstein,  and  applied  in  its  relations  with  the 
Member States of the European Union and with Switzerland. 

2.  The  acts  and  measures  taken  by  the  European  Community  amending  or 
building upon the provisions referred to in paragraph 1 and the decisions taken in 
accordance with the procedures set out in those provisions, without prejudice to 
Article 5, shall also be accepted, implemented and applied by Liechtenstein. 

3.  For the purposes of paragraphs 1 and 2, references to the “Member States” in 
the  provisions  referred 
include 
Liechtenstein. 

in  paragraph 1  shall  be  deemed 

to 

to 

Article 3 

The rights and obligations set out in Articles 2, 3(1) to (4), 5, 6, 7, 8 (1) second 
subparagraph  and  (2),  9,  10  and  11  of  the  Agreement  between  the  European 
Community and Switzerland shall apply to Liechtenstein in the way as they apply 
to Switzerland.  

Article 4 

A  representative  of  the  Government  of  Liechtenstein  becomes  member  of  the 
Mixed  Committee  as  established  by  Article  3  of  the  Agreement  between  the 
European Community and Switzerland. 

The office of the President of the Mixed Committee shall be held alternately for a 
period of six months, by the representative of the European Commission and by 
the representative of the Government of Liechtenstein or Switzerland. 

Article 5 

1.  Subject to paragraph 2, when the Council adopts acts or measures amending 
or  building  upon  the  provisions  of  Article 2  and  when  acts  or  measures  are 
adopted in accordance with the procedures set out in those provisions, those acts 
or  measures  shall  be  applied  simultaneously  by  the  Member States  and 
Liechtenstein, except where express provisions exist to the contrary.  

2.  The Commission shall notify Liechtenstein without delay of the adoption of 
the  acts  or  measures  referred  to  in  paragraph 1.  Liechtenstein  shall  decide 
whether to accept their contents and to implement them in its internal legal order. 
This  decision  shall  be  notified  to  the  Commission  within  thirty  days  of  the 
adoption of the acts or measures concerned. 

3.  If  the  contents  of  such  an  act  or  a  measure  can  become  binding  on 
requirements, 
Liechtenstein  only  after 

fulfilment  of  constitutional 

the 

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Liechtenstein shall inform the Commission of this at the time of its notification. 
Liechtenstein shall promptly inform the Council and the Commission in writing 
upon  fulfilment  of  all  constitutional  requirements.  Where  a  referendum  is  not 
required,  notification  shall  at  the  latest  take  place  30  days  after  the  referendum 
deadline  expires.  If  a  referendum  is  required,  Liechtenstein  shall  have  a 
maximum of 18 months from the date of the Council's notification within which 
to make its notification. From the date laid down for the entry into force of the act 
or  measure  for  Liechtenstein  and  until  it  has  given  notification  that  the 
constitutional  requirements  have  been  met,  Liechtenstein  shall,  where  possible, 
implement the act or measure in question on a provisional basis. 

4.  If Liechtenstein cannot implement the act or measure at issue on a provisional 
basis, and if this causes difficulties that disrupt the operation of Dublin/Eurodac 
cooperation,  the  situation  shall  be  examined  by  the  Mixed  Committee.  The 
European  Community  may  take  proportionate,  appropriate  measures  against 
Liechtenstein to ensure that Dublin/Eurodac cooperation operates smoothly. 

5.  Acceptance by Liechtenstein of the acts and measures referred to in paragraph 
1 shall  create rights  and  obligations  between Liechtenstein, Switzerland and the 
Member States of the European Union. 

6.  If: 

(a)  Liechtenstein  notifies  its  decision  not  to  accept  the  contents  of  an  act  or 
measure  referred  to  in  paragraph  1  and  to  which  the  procedures  set  out  in  this 
Protocol have been applied; or 

(b) Liechtenstein does  not carry out notification within the thirty-day time limit 
referred to in paragraph 2; 

(c) Liechtenstein does not carry out the notification at the latest 30 days after the 
referendum  deadline  has  expired  or,  in  the  case  of  a  referendum,  within  the  18 
months  time  limit  set  out  in  paragraph  3,  or  does  not  provide  for  provisional 
implementation as envisaged in the same subparagraph from the date laid down 
for the entry into force of the act or measure concerned; 

this Protocol shall be suspended. 

7.  The  Mixed  Committee  shall  examine  the  matter  which  gave  rise  to 
suspension  and  shall  endeavour  to  deal  with  the  underlying  causes  of 
non-acceptance or non-ratification within ninety days. After examining all other 
options with a view to ensuring that the Protocol continues to operate smoothly, 
including  the  possibility  of  noting  that  the  Contracting  Parties’  laws  and 
regulations are equivalent, it may decide, on a unanimous basis, to reinstate this 
Protocol.  If  this  Protocol  is  still  suspended  after  ninety  days,  it  shall  be 
considered terminated. 

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Article 6  

As regards the administrative and operating costs associated with the setting up 
and operation of the Eurodac central unit, Liechtenstein shall make a contribution 
to the general budget of the European Communities amounting to 0.071% of an 
initial  reference  amount  of  €11 675 000  and,  from  the  2004  financial  year,  an 
annual  contribution  amounting  to  0.071%  of  the  corresponding  budgetary 
appropriations for the financial year in question.  

Article 7  

This Protocol shall not affect agreements between Liechtenstein and Switzerland 
in  so  far  as  they  are  compatible  with  this  Protocol.  If  these  agreements  are 
incompatible with this Protocol, the latter shall prevail. 

Article 8  

1.  This  Protocol  shall  be  ratified  or  approved  by  the  Contracting  Parties. 
Instruments  of  ratification  or  approval  shall  be  deposited  with  the  Secretary 
General of the Council, who shall be the depositary. 

2.  This  Protocol  shall  enter  into  force  on  the  first  day  of  the  month  following 
notification by the depositary to the Contracting Parties that the final instrument 
of ratification or approval has been deposited. 

3.  Article 1, 4 and the first sentence of Article 5(2) of this protocol and the rights 
and  obligations  set  out  in  Articles  2,  3  (1)  to  (4)  of  the  agreement  between  the 
European Community and Switzerland shall apply provisionally to Liechtenstein 
as of the date on which this Protocol is signed. 

Article 9  

With respect to acts or measures adopted after this Protocol has been signed but 
before  it  enters  into  force,  the  thirty-day  period  referred  to  in  Article 5(2),  last 
sentence shall start to run from the day of entry into force of this Protocol. 

Article 10 

1.  This Protocol shall be applied only if the agreements referred to in Article 11 
of the agreement between the European Community and Switzerland that need to 
be concluded by Liechtenstein are also implemented. 

2.  In addition, this Protocol shall be implemented only if the Protocol concluded 
between the European Union, the European Community, the Swiss Confederation 

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and  the  Principality  of  Liechtenstein  on  the  accession  of  the  Principality  of 
Liechtenstein  to  the  Agreement  between  the  European  Union,  the  European 
Community  and  the  Swiss  Confederation  on  the  Swiss  Confederation’s 
association  with  the  implementation,  application  and  development  of  the 
Schengen acquis is also implemented.  

Article 11 

1.  This  Protocol  may  be  denounced  by  each  contracting  party.  The  depositary 
shall  be  notified  of  denunciation,  which  shall  take  effect  six  months  after 
notification. 

2.  In  case  of  denunciation  of  this  Protocol  or  the  Agreement  between  the 
European  Community  and  Switzerland by Switzerland  or the  termination  of the 
Agreement  between  the  European  Community  and  Switzerland  with  respect  to 
Switzerland, the Agreement between the European Community and Switzerland 
and this Protocol shall remain in force with respect to the relations between the 
European Community on the one part and Liechtenstein on the other part.  

3.  This  Protocol  shall  be  considered  to  have  been  terminated  if  Liechtenstein 
terminates  one  of  the  agreements  referred  to  in  Article  11  of  the  Agreement 
between the European Community and Switzerland that have been concluded by 
Liechtenstein or the Protocol referred to in Article 10(2). 

Article 12 

This  Protocol  shall  be  drawn  up  in  triplicates  in  the  Czech,  Danish,  Dutch, 
English,  Estonian,  Finnish,  French,  Gaelic,  German,  Greek,  Hungarian,  Italian, 
Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and 
Swedish languages, each text being equally authentic. 

IN  WITNESS  WHEREOF,  the  undersigned  Plenipotentiaries  have  hereunto  set 
their hands. 

Done at 

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Common Declaration of the Contracting Parties on a close dialogue 

The  Contracting  Parties  stress  the  importance  of  a  close,  productive  dialogue 
between all parties participating in the implementation of the provisions listed in 
Article 2(1) of this Protocol. 

In  accordance  with  Article 3(1)  of  the  Agreement  between  the  European 
Community  and  Switze  Mixed  Committee  meetings  with  a  view  to  holding 
exchanges  of  views  with  rland,  the  Commission  invites  experts  from  the 
Member States  to  attend  Liechtenstein  on  all  the  matters  dealt  with  in  the 
Agreement between the European Community and Switzerland. 

The Contracting Parties note that the  Member States are prepared  to  accept  this 
invitation and to take part in these exchanges of views with Liechtenstein on all 
the  matters  dealt  with  in  the  Agreement  between  the  European  Community  and 
Switzerland. 

Declaration by Liechtenstein on Article 5 (3) 

(Time limit for accepting new developments in the Dublin/Eurodac acquis) 

The maximum time limit of 18 months laid down in Article 5(3) covers both the 
approval and the implementation of the act or measure. It includes the following 
stages: 

– 

– 

– 

– 

– 

the preparatory stage, 

the parliamentary procedure, 

the referendum deadline of 30 days,  

where applicable the referendum (organisation and voting), 

the sanctioning of the ruling prince. 

The Government of Liechtenstein shall inform the Council and the Commission 
without delay of the completion of each of the stages. 

The Government of Liechtenstein undertakes to use every means at its disposal to 
ensure that the abovementioned stages are completed as swiftly as possible. 

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Joint declaration on joint meetings of the Mixed Committees 

The delegation of the European Commission, 

The delegations representing the governments of the Republic of Iceland and the 
Kingdom of Norway, 

The delegation representing the government of the Swiss Confederation, 

The delegation representing the government of the Principality of Liechtenstein 

Note  that  Liechtenstein  accedes  to  the  Mixed  Committee  established  by  the 
agreement  between  the  European  Community  and  the  Swiss  Confederation 
concerning the criteria and mechanisms for establishing the State responsible for 
examining a request for asylum lodged in a Member State or in Switzerland via a 
Protocol to this agreement. 

Have  decided  to  organize  the  meetings  of  the  Joint  Committees,  established  by 
the  agreement  between  the  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  in  Iceland  or 
Norway, on the one hand, and the agreement between the European Community 
and  the  Swiss  Confederation  concerning  the  criteria  and  mechanisms  for 
establishing the State responsible for examining a request for asylum lodged in a 
Member  State  or  in  Switzerland  as  complemented  by  the  Protocol  on  the 
accession of Liechtenstein, on the other hand, jointly. 

Note  that  holding  these  meetings  jointly  calls  for  a  pragmatic  arrangement 
regarding the office of presidency of such meetings when that presidency is to be 
held by the associated States according to the Agreement between the European 
Community and the Swiss Confederation concerning the criteria and mechanisms 
for establishing the State responsible for examining a request for asylum lodged 
in  a  Member  State  or  Switzerland  as  complemented  by  the  Protocol  on  the 
accession of Liechtenstein or 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. 

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Note the wish of the associated States to cede, as necessary, the exercise of their 
presidencies and rotate it among them in alphabetical order of name as from the 
entry  into  force  of  the  Agreement  between  the  European  Community  and  the 
Swiss Confederation concerning the criteria and mechanisms for establishing the 
State responsible for examining a request for asylum lodged in a Member State or 
Switzerland as complemented by the Protocol on the accession of Liechtenstein. 

Done at Brussels, 

For the Council 
The President 

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