Legal provisions of COM(2005)131-1 - Signing of a Protocol to the Agreement between the EC, 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 - Main contents
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| dossier | COM(2005)131-1 - Signing of a Protocol to the Agreement between the EC, Iceland and Norway, concerning the criteria and mechanisms for ... |
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| document | COM(2005)131  |
| date | April 8, 2005 |
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52005PC0131(01)
Proposal for a Council Decision on the signing of a Protocol to 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 /* COM/2005/0131 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 08.04.2005
COM(2005)131 final
2005/0031(CNS)
Proposal for a
COUNCIL DECISION
on the signing of a Protocol to 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
Proposal for a
COUNCIL DECISION
on the conclusion of a Protocol to 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
(presented by the Commission)
EXPLANATORY MEMORANDUM
I. Political and legal background
On 19 January 2001 the European Community concluded an Agreement with 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. Article 12 of that Agreement states that Denmark may request to participate in the Agreement, and that the conditions for such participation are to be determined by the Community, Norway and Iceland, acting with the consent of Denmark, in a Protocol to the Agreement.
Pursuant to 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 Community, Denmark did not take part in the adoption by the Council of 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 (“the Dublin II Regulation”) 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 (“the Eurodac Regulation”). However, Denmark is a party to the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities (“the Dublin Convention”), signed in Dublin on 15 June 1990.
On 16 February 2001 Denmark asked to become a party to the agreement between the European Community, Iceland and Norway.
By decision of 6 May 2003, the Council authorised the Commission to negotiate a Protocol to 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, in accordance with Article 12 of the Agreement.
The negotiations for the conclusion of the Protocol to the Agreement with Norway and Iceland culminated in the initialling of the text on 12 January 2005.
The attached proposals are the legal instruments for signing and concluding the Protocol. With regard to the Community, the legal basis is Article 63(1)(a), taken in conjunction with the first sentence of the first subparagraph of Article 300(2) for the signature decision, and Article 63(1)(a), taken in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3), for the conclusion decision. That means that the Council takes its decision by qualified majority and that the European Parliament is consulted on the conclusion of the Protocol.
II. Results of the negotiations
The Commission takes the view that the objectives set by the Council in its negotiating directives have been met and that the draft Protocol is acceptable to the Community. The Protocol comprises a total of six articles. It also has an Annex, which forms an integral part of it.
The final contents of the Protocol can be summarised as follows:
- It makes the Dublin II and Eurodac Regulations and their implementing regulations applicable to relations between the Kingdom of Denmark on the one hand and the Republic of Iceland and the Kingdom of Norway on the other. It also renders future amendments or new implementing measures applicable to these relations.
- It gives Iceland and Norway 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 on the interpretation of a provision of the Agreement between the European Community and Denmark.
- It provides for a conciliation mechanism in the event of disagreement between Denmark on the one hand and Iceland or Norway on the other hand on its interpretation or application.
- It lays down provisions relating to the end of its applicability.
III. Conclusions
In the light of the above considerations, the Commission proposes that the Council:
- decide that the Protocol be signed on behalf of the Community and authorise the President of the Council to appoint the person(s) duly empowered to sign on behalf of the Community;
- after consulting the European Parliament, approve the Protocol to 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.
Proposal for a
COUNCIL DECISION
on the signing of a Protocol to 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
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 63(1)(a), taken in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) By its decision of 6 May 2003, the Council authorised the Commission to negotiate a Protocol to 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.
(2) The negotiations for the signing of the Protocol took place between June 2004 and January 2005.
(3) The Protocol initialled in Brussels on 12 January 2005 should be signed for conclusion at a later date.
(4) 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 European Union and the Treaty establishing the European Community, will take part in adopting and applying this Decision.
(5) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
HAS DECIDED AS FOLLOWS:
Sole Article
Subject to conclusion at a later date, the President of the Council is hereby authorised to designate the person or persons empowered to sign, on behalf of the European Community, the Protocol to 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.