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Non-EU Member Countries participate in Dublin and Eurodac

ACT

Council Decision No 2006/188//EC of 21 February 2006 on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions 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 and Council Regulation (EC) No 2725/2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention.

SUMMARY

The Agreement referred to in the Decision applies, between the Community and Denmark:

  • the Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in any Member State (the " Dublin Regulation ");
  • the Regulation concerning the establishment of the Eurodac system for the comparison of fingerprints for the effective application of the Dublin Convention;
  • the implementing measures for these two Regulations.

Denmark does not take part in the adoption of amendments to these texts, and they do not apply to it. It may however inform the Commission within 30 days from adoption of the amendments whether it has decided to apply them or not.

Equally, Denmark does not take part in the adoption of implementing measures. When such measures are adopted, Denmark will be informed, and will inform the Commission whether it has decided to implement them.

Notification of amendments or implementing measures creates mutual obligations under international law between Denmark and the Community. If Denmark notifies a decision not to apply the amendments or implementing measures, the Agreement is, in principle, deemed to be terminated.

The international agreements concluded by the Community on the basis of the rules established by the Dublin II and Eurodac Regulations are not binding on Denmark. Denmark undertakes not to enter into international agreements that may affect or alter the scope of those Regulations.

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 the Agreement.

Where such a question is raised before a Danish court, that court must ask the Court of Justice to give a ruling on the question whenever a court of another Member State of the European Union would be required to do so under the same circumstances. It must take account of the Court's ruling once this has been given.

The Commission may bring before the Court of Justice cases against Denmark concerning non-compliance with any obligation under the Agreement. Equally, Denmark may submit a complaint to the Commission against a Member State for non-compliance with its obligations.

Denmark will contribute to the administrative and operational costs of the Eurodac Central Unit.

The Agreement will be terminated if Denmark informs the other Member States that it no longer wishes to avail itself of the Protocol on the position of Denmark. It may also be terminated by one of the contracting parties.

Background

This Decision concerns the conclusion of an agreement between Denmark and the European Community extending to Denmark the provisions of the Dublin and Eurodac Regulations.

Denmark originally took part in the Dublin Convention of 15 June 1990. The Dublin Regulation, which replaces that Convention, rendered obsolete Denmark's participation in the mechanisms for determining the Member State responsible for examining an asylum application. Therefore, until the entry into force of the Agreement, the Dublin Convention remained valid between Denmark and the other Member States. The Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community excludes in principle Denmark's participation in matters relating to asylum and immigration (and, consequently, in the Dublin II and Eurodac Regulations).

To rectify this situation the Commission negotiated an agreement with Denmark, signed on behalf of the European Community on 13 March 2005, which entered into force on 1 April 2006.

REFERENCES

Act

Entry into force - Date of expiry

Deadline for transposition in the Member States

Official Journal

Decision 2006/188/EC

28.02.2006

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L 66 of 8.3.2006

RELATED ACTS

Council Decision No 2006/167/EC of 21 February 2006 on the conclusion of a 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 [Official Journal L 57 of 28.2.2006].
14. The Dublin Regulation and the Eurodac Regulation and their implementing measures apply under international law to relations between Denmark on the one hand and Iceland and Norway on the other.

Amendments to and implementing measures for the Dublin and Eurodac Regulations notified to the Commission by Denmark also apply to their relations.

In the case of a complaint by Norway or Iceland concerning application or interpretation of the Protocol by Denmark, Norway or Iceland may ask that the matter be entered on the agenda of the Joint Committee. If the dispute cannot be settled by the Joint Committee within three months, the Protocol will cease to apply.

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 [COM(2006) 754 final - Not published in the Official Journal].

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 [COM(2006) 754 final - Not published in the Official Journal].
On 26 October 2004 the European Community signed the Dublin/Eurodac Agreement with Switzerland. This Agreement anticipated Liechtenstein's possible association with the Dublin/Eurodac acquis. By letters dated 12 October 2001 and 10 June 2005, Liechtenstein confirmed its wish to be associated to the Schengen and Dublin/Eurodac acquis.

The attached proposals are the legal bases for the decisions on the signature and 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 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.

Application of the Dublin/Eurodac Protocol is linked to that of the Schengen Protocol and 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.

Proposal for a Council Decision on the conclusion of a Protocol between the European Community, Switzerland and 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, in Switzerland or Liechtenstein [COM(2006) 753 final - Not published in the Official Journal].

Proposal for a Council Decision on the signature of a Protocol between the European Community, Switzerland and 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, in Switzerland or Liechtenstein [COM(2006) 753 final - Not published in the Official Journal].
In accordance with the provisions regarding the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the Dublin or Eurodac Regulations. The Dublin/Eurodac agreement with Switzerland provides for the possibility that Denmark may ask to participate. By letter dated 8 November 2004, the Kingdom of Denmark asked to participate in the Dublin/Eurodac Agreement with Switzerland. Following the authorisation given by the Council to the Commission on 27.2.2006, negotiations were held with Liechtenstein and Switzerland. On 21 June 2006, negotiations were finalised and the draft protocol on the participation of Denmark in the Dublin/Eurodac Agreement with Switzerland and Liechtenstein was initialled.

The attached proposals are the legal bases for the decisions on the signature and conclusion of the Protocol. The final content of the Protocol can be summarised as follows:

  • it makes the Dublin and Eurodac Regulations and their implementing rules applicable to relations between Denmark on the one hand and the Switzerland and Liechtenstein on the other. It also renders future amendments or new implementing measures applicable to these relations;
  • it gives Switzerland and Liechtenstein the right to present written pleadings or observations to the Court of Justice when a court in Denmark applies to the Court of Justice for a preliminary ruling;
  • it provides for a conciliation mechanism in the event of disagreement between Denmark on the one hand and Switzerland or Lichtenstein on the other hand on its interpretation or application.

Last updated: 9.7.2007

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