2008/147/EC: Council Decision of 28 January 2008 on the conclusion on behalf of the European Community 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
Date: 2008-01-28
Institutions: Council of the European Union
Subjects: EU Member State, Switzerland, admission of aliens, agreement (EU), foreign national, ratification of an agreement, right of asylum

27.2.2008

EN

Official Journal of the European Union

L 53/3

COUNCIL DECISION

of 28 January 2008

on the conclusion on behalf of the European Community 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

(2008/147/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 63(1)(a), 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,

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

(7)

In accordance with Articles 1 and 2 of the Protocol on the
position of Denmark annexed to the Treaty on European
Union and the Treaty establishing the European Commu-
nity, Denmark is not participating in the adoption of this
Decision and is not bound by it or subject to its application,

Having regard to the opinion of the European Parliament,

HAS DECIDED AS FOLLOWS:

Whereas:

(1)

(2)

Following the authorisation given to the Commission on
17 June 2002, negotiations with the Swiss Authorities,
regarding 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 concluded;

In accordance with a Council Decision of 25 October 2004,
and subject to its final conclusion at a later date, the
Agreement between the European Community and the
Swiss Confederation concerning the criteria and mechan-
isms for establishing the State responsible for examining a
request
in
Switzerland has been signed on behalf of the European
Community on 26 October 2004;

for asylum lodged in a Member State or

(3)

The Agreement should now be approved;

Article 1

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 the
related documents consisting of the Final Act and the Joint
Declaration on joint meetings of the Mixed Committees are
hereby approved on behalf of the European Community.

The texts of
Declaration are attached to this Decision.

the Agreement,

the Final Act, and the Joint

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 12 of the Agreement, in order to express the consent
of the Community to be bound.

(4)

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

Article 3

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

(5)

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

(6)

In accordance with Article 3 of the Protocol on the position
of the United Kingdom and Ireland annexed to the Treaty

Article 4

1. The position of
the Community within the Mixed
Committee with regard to the adoption of its Rules of Procedure
as required under Article 3(2) of the Agreement shall be taken by
the Commission after consultation of a special committee
designated by the Council.

L 53/4

EN

Official Journal of the European Union

27.2.2008

For all other Mixed Committee decisions, the position of the Community shall be adopted by the Council,

2.
acting by qualified majority, on a proposal by the Commission.

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

Article 5

Done at Brussels, 28 January 2008.

For the Council

The President

D. RUPEL