CELEX: 22009A0624(01)
Language: en
Date: 2008-02-28 00:00:00
Title: Protocol between the European Community, the Swiss Confederation and 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

L 161/8          EN                               Official Journal of the European Union                                             24.6.2009
                                                                 PROTOCOL
        between the European Community, the Swiss Confederation and 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 (hereinafter referred to as the Community),
        of the one part,
        and
        THE SWISS CONFEDERATION (hereinafter referred to as Switzerland),
        and
        THE PRINCIPALITY OF LIECHTENSTEIN (hereinafter referred to as Liechtenstein),
        of the other part,
        hereinafter referred to as the Contracting Parties,
        BEARING IN MIND that the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the
        Treaty establishing the European Community, provides that none of the measures of Title IV of the Treaty establishing the
        European Community shall be binding upon, or applicable in, Denmark;
        REFERRING to the provision 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 (1) (hereinafter referred to as the Agreement between the European
        Community and Switzerland), on the possibility for the Kingdom of Denmark (hereinafter referred to as Denmark) to
        request to participate in that Agreement;
        CONSIDERING the Protocol between the European Community, the Swiss Confederation and the Principality of Liech­
        tenstein to the same Agreement between the European Community and Switzerland on the accession of the Principality
        of Liechtenstein to that Agreement, in accordance with its Article 15;
        NOTING that the Kingdom of Denmark, by letter dated 8 November 2004, requested to participate in the same
        Agreement between the European Community and Switzerland;
        RECALLING that according to the Agreement between the European Community and Switzerland to which the Princi­
        pality of Liechtenstein has acceded, 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 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 (2);
        CONSIDERING that it is therefore necessary to fix the conditions whereby Denmark participates in the Agreement
        between the European Community and Switzerland, to which Liechtenstein has acceded, and that in particular it is
        necessary to establish rights and obligations between Switzerland, Liechtenstein and Denmark;
        NOTING that the entry into force of this Protocol is based on the consent of Denmark, in accordance with its
        constitutional requirements,
        (1) OJ L 53, 27.2.2008, p. 5.
        (2) OJ L 66, 8.3.2006, p. 38.
 ---pagebreak--- 24.6.2009             EN                          Official Journal of the European Union                                           L 161/9
              HAVE AGREED AS FOLLOWS:
                              Article 1                                   4.     Implementing measures adopted pursuant to Article 27(2)
                                                                          of the ‘Dublin Regulation’ and implementing measures adopted
The Kingdom of Denmark shall participate in the Agreement                 pursuant to Article 22 or 23(2) of the ‘Eurodac Regulation’
between the European Community and the Swiss Confederation                which are notified by Denmark to the Commission in
concerning the criteria and mechanisms for establishing the               accordance with Article 4 of the Agreement between the
State responsible for examining a request for asylum lodged               European Community and Denmark and which are notified
in a Member State or in Switzerland (hereinafter referred to              by Switzerland and Liechtenstein to the Commission in
as the Agreement between the European Community and Swit­                 accordance respectively with Article 4 of the Agreement
zerland) to which the Principality of Liechtenstein has acceded           between the European Community and Switzerland and
by a Protocol to that Agreement (hereinafter referred to as the           Article 5 of the Liechtenstein Protocol shall, under international
Liechtenstein Protocol) in accordance with Article 15 of the              law, apply to the relations between Denmark on the one hand,
Agreement, under the conditions set out in the Agreement                  and Switzerland and Liechtenstein on the other hand.
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                                          Article 3
Denmark or any other Member State of the European Union
and ‘Eurodac’ for the comparison of fingerprints for the effective        Switzerland and Liechtenstein shall be entitled to submit
application of the Dublin Convention (hereinafter referred to as          statements of case or written observations to the Court of
the Agreement between the European Community and                          Justice in cases where a question has been referred to it by a
Denmark) and the present Protocol.                                        Danish court or tribunal for a preliminary ruling, in accordance
                                                                          with Article 6(1) of the Agreement between the European
                                                                          Community and Denmark.
                              Article 2
                                                                                                        Article 4
1.     The provisions of Council Regulation (EC) No 343/2003
of 18 February 2003 establishing the criteria and mechanisms              1.     In the case of a complaint by Switzerland or Liechtenstein
for determining the Member State responsible for examining an             concerning the application or the interpretation by Denmark of
asylum application lodged in one of the Member States by a                this Protocol, Switzerland or Liechtenstein may ask that the
third-country national (1) (Dublin Regulation), which is annexed          matter be officially entered as a matter of dispute on the
to this Protocol and forms part thereof, together with its im­            agenda of the Mixed Committee.
plementing measures adopted pursuant to Article 27(2) of the
‘Dublin Regulation’ shall, under international law, apply to the
relations between Denmark on the one hand, and Switzerland                2.     In the case of a complaint by Denmark concerning the
and Liechtenstein on the other hand.                                      application or the interpretation by Switzerland or Liechtenstein
                                                                          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 Mixed Committee. The matter
2.     The provisions of Council Regulation (EC) No 2725/2000             shall be placed on the agenda by the Commission.
of 11 December 2000 concerning the establishment of
‘Eurodac’ for the comparison of fingerprints for the effective
application of the Dublin Convention (2) (Eurodac Regulation),            3.     The Mixed Committee shall have 90 days, from the date
which is annexed to this Protocol and forms part thereof,                 of the adoption of the agenda on which the dispute has been
together with its implementing measures adopted pursuant to               entered, to settle the dispute. For this purpose, Denmark shall
Articles 22 or 23(2) of the ‘Eurodac Regulation’ shall, under             be entitled to make observations to the Mixed Committee.
international law, apply to the relations between Denmark on
the one hand, and Switzerland and Liechtenstein on the other
hand.                                                                     4.     In case a dispute is settled by the Mixed Committee in a
                                                                          manner that requires implementation in Denmark, Denmark
                                                                          shall, within the period referred to in paragraph 3, notify the
                                                                          Parties of its implementation or non-implementation of the
3.     Amendments to the Acts referred to in paragraphs 1 and             settlement.
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                     If Denmark notifies its decision not to implement the content
by Switzerland and Liechtenstein to the Commission in                     of the settlement, paragraph 5 shall apply.
accordance respectively with Article 4 of the Agreement
between the European Community and Switzerland, and
Article 5 of the Liechtenstein Protocol shall, under international        5.     If the dispute cannot be settled by the Mixed Committee
law, apply to the relations between Denmark on the one hand,              within the period referred to in paragraph 3, a further period of
and Switzerland and Liechtenstein on the other hand.                      90 days shall be allowed, with the purpose of reaching a final
                                                                          settlement. If the Mixed Committee has not taken a decision at
(1) OJ L 50, 25.2.2003, p. 1.                                             the end of the period, this Protocol shall be considered
(2) OJ L 316, 15.12.2000, p. 1.                                           terminated at the end of the last day of that period.
 ---pagebreak--- L 161/10             EN                          Official Journal of the European Union                                         24.6.2009
                            Article 5                                    The entry into force of this Protocol for the Community and
                                                                         Liechtenstein on the one hand, and for the Community and the
This Protocol is subject to ratification or approval by the              Swiss Confederation, on the other hand, is also subject to the
Contracting Parties.                                                     prior receipt by the depositary of a Note from Denmark to the
                                                                         effect that Denmark assents to the provisions contained in the
                                                                         present Protocol and declares that it shall apply the provisions
Instruments of ratification or approval shall be deposited with          referred to in Article 2 in its mutual relations with Switzerland
the Secretary-General of the Council, who shall act as                   and Liechtenstein.
depositary.
                                                                                                       Article 6
As far as Liechtenstein is concerned, this Protocol shall enter          Each Contracting Party may terminate this Protocol by written
into force on the first day of the second month following the            declaration addressed to the depositary. Such declaration shall
notification by the Community and Liechtenstein of the                   take effect six months after its deposition.
completion of their respective procedures.
                                                                         This Protocol shall cease if the Agreement between the
                                                                         Community and Denmark is terminated.
As far as Switzerland is concerned, this Protocol shall enter into
force on the first day of the second month following the noti­
fication by the Community and Switzerland of the completion              This Protocol shall cease if either the Community or both Swit­
of their respective procedures.                                          zerland and Liechtenstein have denounced it.
 ---pagebreak--- 24.6.2009           EN                         Official Journal of the European Union                                     L 161/11
                                                      За Европейската общност
                                                     Por la Comunidad Europea
                                                      Za Evropské společenství
                                                  For Det Europæiske Fællesskab
                                                Für die Europäische Gemeinschaft
                                                      Euroopa Ühenduse nimel
                                                    Για την Ευρωπαϊκή Κοινότητα
                                                   For the European Community
                                                Pour la Communauté européenne
                                                      Per la Comunità europea
                                                       Eiropas Kopienas vārdā
                                                      Europos bendrijos vardu
                                                   az Európai Közösség részéről
                                                      Għall-Komunitá Ewropea
                                                 Voor de Europese Gemeenschap
                                                W imieniu Wspólnoty Europejskiej
                                                     Pela Comunidade Europeia
                                                  Pentru Comunitatea Europeană
                                                     Za Európske spoločenstvo
                                                        Za Evropsko skupnost
                                                    Euroopan yhteisön puolesta
                                               På Europeiska gemenskapens vägnar
                За Конфедерация Швейцария                                                 За Княжество Лихтенщайн
                  Por la Confederación Suiza                                         Por el Principado de Liechtenstein
                  Za Švýcarskou konfederaci                                              Za Lichtenštejnské knížectví
                For Det Schweiziske Forbund                                           For Fyrstendømmet Liechtenstein
          Für die Schweizerische Eidgenossenschaft                                    Für das Fürstentum Liechtenstein
               Šveitsi Konföderatsiooni nimel                                           Liechtensteini Vürstiriigi nimel
               Για την Ελβετική Συνομοσπονδία                                         Για το Πριγκιπάτο του Λιχτενστάιν
                 For the Swiss Confederation                                        For the Principality of Liechtenstein
                 Pour la Confédération suisse                                       Pour la Principauté de Liechtenstein
               Per la Confederazione svizzera                                         Per il Principato del Liechtenstein
                 Šveices Konfederācijas vārdā                                            Lihtenšteinas Firstistes vārdā
              Šveicarijos Konfederacijos vardu                                       Lichtenšteino Kunigaikštystės vardu
              A Svájci Államszövetség részéről                                      A Liechtensteini Hercegség részéről
               Għall-Konfederazzjoni Żvizzera                                          Għall-Prinċipat ta' Liechtenstein
                Voor de Zwitserse Bondsstaat                                        Voor het Vorstendom Liechtenstein
            W imieniu Konfederacji Szwajcarskiej                                     W imieniu Księstwa Liechtensteinu
                   Pela Confederação Suíça                                            Pelo Principado do Liechtenstein
                Pentru Confederația Elvețiană                                          Pentru Principatul Liechtenstein
                 Za Švajčiarsku konfederáciu                                            Za Lichtenštajnské kniežatstvo
                  Za Švicarsko konfederacijo                                               Za Kneževino Lihtenštajn
                  Sveitsin valaliiton puolesta                                    Liechtensleinin ruhtinaskunnan puolesta
            På Schweiziska edsförbundets vägnar                                        För Furstendömet Liechtenstein
 ---pagebreak--- L 161/12         EN                             Official Journal of the European Union                                   24.6.2009
                                                                  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 (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).