Explanatory Memorandum to COM(2006)753-1 - Signature of a Protocol between the EC, Switzerland and Liechtenstein to the Agreement with Switzerland 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 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2006)753-1 - Signature of a Protocol between the EC, Switzerland and Liechtenstein to the Agreement with Switzerland concerning the ... |
|---|---|
| source | COM(2006)753  |
| date | 04-12-2006 |
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').
That agreement provides in its Article 15 for the possibility for Liechtenstein to accede to the agreement. The accession of Liechtenstein has been negotiated and a draft protocol on the accession of Liechtenstein to the Dublin/Eurodac agreement with Switzerland has been initialled.
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty of the European Union and the Treaty establishing the European Community, Denmark is not participating to Council Regulation (EC) N° 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 Regulation”) and Council Regulation (EC) N° 2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention (“the Eurodac Regulation”) i .
The Dublin/Eurodac agreement with Switzerland provides for the possibility that Denmark may ask to participate. In that event, the Agreement provides that the contracting parties, with the consent of Denmark, set out the conditions for Denmark's participation in a protocol to the Agreement.
By letter dated 8 November 2004, the Kingdom of Denmark asked to participate in the Dublin/Eurodac Agreement with Switzerland. As Liechtenstein will now accede to this Agreement, it is appropriate that the participation of Denmark should be established in relation to both Switzerland and Liechtenstein.
Following the authorisation given by the Council to the Commission on 27.2.2006, negotiations were held with Liechtenstein and Switzerland. On 21.6.2006, negotiations were finalised and the draft protocol on the participation of Denmark in the Dublin/Eurodac Agreement with Switzerland and Liechtenstein was initialled i.
The negotiations were held and the draft protocol has been initialled on the basis that Liechtenstein would become a contracting party after the conclusion of the protocol on its accession to the Dublin/Eurodac agreement with Switzerland. It has therefore to be born in mind that Liechtenstein can only become a contracting party to the protocol on the participation of Denmark when it has ratified the protocol on its accession to the Dublin/Eurodac agreement with Switzerland i.
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 i 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 i of the Treaty establishing the European Community.
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:
- It makes the Dublin and Eurodac regulations and their implementing rules applicable to the relations between Denmark on the one hand and the Confederation of Switzerland and the Principality of 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 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 Switzerland or Lichtenstein 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:
- 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 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, including the protocol concerning the accession of Liechtenstein.
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
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 i,
Having regard to the proposal from the Commission,[4]
Whereas:
1. 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 participation of Denmark in 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, including the protocol concerning the accession of Liechtenstein, have been finalised;
2. Subject to its conclusion at a later date, the Protocol initialled in Brussels on 21 June 2006 should be signed;
3. 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;
4. 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:
Sole Article
Subject to its conclusion at a later date, the President of the Council is aut horised 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 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, including the protocol concerning the accession of Liechtenstein
The text of the Protocol is attached to this Decision.
Done at Brussels,
For the Council
The President