Rs 0.142.395.141 February 28, 2008 Protocol Between The Swiss Confederation, The European Community And The Principality Of Liechtenstein Relating To Accession Of The Principality Of Liechtenstein To The Agreement Between The Swiss Confederation And Th...

Original Language Title: RS 0.142.395.141 Protocole du 28 février 2008 entre la Confédération suisse, la Communauté européenne et la Principauté de Liechtenstein relatif à l’adhésion de la Principauté de Liechtenstein à l’accord entre la Confédération suisse et la Communauté euro

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0.142.395.141 original protocol between the Swiss Confederation, the community Union and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the Swiss Confederation and the Community European relative to the criteria and mechanisms for determining the State responsible for examining an asylum application submitted in a Member State or in Switzerland concluded February 28, 2008 of Swiss ratification deposited on 28 October 2008, entered into force on 1 April 2011 (State the) April 1, 2011) the Swiss Confederation and the European Community and the Principality of Liechtenstein, hereinafter referred to as "the Contracting Parties", saw the agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining a request for asylum in a Member State or in Switzerland signed on 26 October 2004 (hereinafter referred to as "agreement between the European Community and the Switzerland") Recalling that his art. 15 provides that the Principality of Liechtenstein accedes to the agreement between the Community European and Switzerland by a Protocol, considering the location of the Principality of Liechtenstein, considering the wish of the Principality of Liechtenstein to be associated with Community legislation covering the 'Dublin' and 'Eurodac' regulations (hereinafter referred to as "Dublin/Eurodac acquis"), whereas the Community European concluded , January 19, 2001, an agreement with the Republic of Iceland and the Kingdom of Norway on the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in a Member State, Iceland or Norway on the basis of the Dublin convention, whereas it is desirable that the Principality of Liechtenstein be associated on a equal footing with the Iceland the Norway and Switzerland in the implementation, application and development of the Dublin/Eurodac acquis, whereas it is appropriate to conclude between the European Community, the Swiss Confederation and the Principality of Liechtenstein a protocol which gives to the Principality of Liechtenstein rights and obligations similar to those agreed between the European, on the one hand , and the Iceland and Norway, and Switzerland, on the other hand, considering that the provisions of title IV of the Treaty establishing the European Community and of acts adopted on the basis of that title do not apply to the Kingdom of Denmark under the Protocol on the position of the Denmark annexed to the Treaty on European Union European Community Treaty and European , but that should be given the possibility to the Swiss Confederation and the Principality of Liechtenstein, on the one hand, and the Denmark, on the other hand, to apply in their mutual relations, the substantive provisions of the agreement between the European Community and the Switzerland, pursuant to his art. 11, by. 1, whereas it is necessary to ensure that States with which the Community European has created an association to the implementation, application and development of the Dublin/Eurodac acquis, apply this acquis in their relations mutual, whereas the functioning of the Dublin/Eurodac acquis requires a simultaneous application of this Protocol to the agreements between the various parties associated with the implementation and the development of the Dublin/Eurodac governing their relations mutual whereas that directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with respect to the treatment of the personal data and the free movement of such data should be applied by the Principality of Liechtenstein as it is applied by the Member States of the Union European when dealing with the data for the purposes of the present Protocol , saw the Protocol on the accession of the Principality of Liechtenstein to the agreement between the Union, the community, the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis, recalling the link between the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining an asylum application lodged in one of the Member States and on the creation of the 'Eurodac' system and on Schengen acquis, whereas this link requires an implementation of simultaneous application of the Schengen acquis with the Community acquis concerning the establishment of criteria and mechanisms for determining the State responsible for examining an asylum application lodged in one of the Member States and concerning the establishment of Eurodac, have agreed on the following provisions: art. 1-1. In accordance with art. 15 of the agreement between the European Community and the Swiss Confederation relating to the criteria and mechanisms for determining the State responsible for the examination of a request for asylum in a Member State or in Switzerland (hereinafter referred to as "agreement between the European Community and the Switzerland"), the Principality of Liechtenstein (hereinafter referred to as "Liechtenstein") adheres audit agreement to the conditions defined in this Protocol.
2. the present Protocol creates rights and obligations between the Contracting Parties in accordance with the rules and procedures provided.

Art. 2-1. The provisions:-of the "Dublin" - of the 'Eurodac' regulation regulation - 'modalities of application of Eurodac' regulation and - regulation "enforcement of Dublin" are being implemented by the Liechtenstein and apply to its relations with the Member States of the European Union and with the Switzerland.
2. without prejudice to art. 5, acts and measures taken by the European Community amending or supplementing those provisions in the by. 1, as well as decisions taken according to the procedures laid down by these provisions are also accepted, implemented and applied by the Liechtenstein.
3. for the purposes of by. 1 and 2, references to "Member States" contained in the provisions to the by. 1 are considered include the Liechtenstein.

Art. 3. the rights and obligations defined in art. 2, art. 3, by. 1 to 4, in art. 5 to 7, art. 8, by. 1, al. 2, art. 8, by. 2, and art. 9 to 11, of the agreement between the European Community and the Switzerland shall apply mutatis mutandis to the Liechtenstein.

Art. 4. a representative of the Government of the Liechtenstein became a member of the Joint Committee established under art. 3 of the agreement between the European Community and the Switzerland.
The Presidency of the Joint Committee is held, in turn, for a period of six months, respectively, by the representative of the Commission of the European Communities (hereinafter "Commission") and the representative of the Government of the Liechtenstein or the Switzerland.

Art. 5-1. Subject of the by. 2, when the Council of the European Union (hereinafter referred to as the 'Council') adopts acts or measures amending or supplementing the provisions of art. 2 and when acts or measures shall be adopted according to the procedures laid down by those provisions, these acts or measures are applied simultaneously by the Member States and by the Liechtenstein unless otherwise explicit of these.
2. the Commission shall immediately notify the Liechtenstein the adoption of the acts or measures referred to the by. 1. the Liechtenstein to pronounce on the acceptance of their content and their transposition in its internal legal order. This decision is notified to the Commission within a period of 30 days following the adoption of the acts or measures concerned.
3. If the content of the acts or measures referred to above cannot bind the Liechtenstein only after the fulfilment of constitutional requirements, the latter informs the Commission during its notification. The Liechtenstein shall inform without delay and in writing the Council and the Commission of the fulfilment of all constitutional requirements. In the event that a referendum is not required, the notification takes place no later than 30 days after the referendum deadline. If a referendum is required, the Liechtenstein has to make the notification, a period of 18 months from the notification of the Council. From the date set for the entry into force of the Act or measure with respect to the Liechtenstein and until it notifies the fulfilment of constitutional requirements, the Liechtenstein implements provisionally, insofar as possible, the content of the Act or measure in question.
4. If the Liechtenstein cannot provisionally implement the Act or measure in question and that this State creates difficulties interferes with the operation of the Dublin/Eurodac cooperation, the situation is reviewed by the Joint Committee. The European Community may take proportionate and necessary measures to ensure the proper functioning of the Dublin/Eurodac cooperation against Liechtenstein.
5. acceptance by Liechtenstein of the acts and measures referred to the by. 1 creates rights and obligations between the Liechtenstein, the Switzerland and the Member States of the European Union.
6. the present Protocol is suspended if:

(a) Liechtenstein notifies its decision not to accept the content of an act or measure referred to the by. 1, to which the procedures laid down in this Protocol have been applied; or sib) the Liechtenstein shall not give the notification within the period of 30 days mentioned in the by. 2; or sic) the Liechtenstein does not the notification at the latest 30 days after the due date of the referendum period or, in case of a referendum, within the 18-month deadline to the by. 3, or not is not the draft implementation in the same subparagraph from the date set for the entry into force of the Act or measure concerned.

7. the Joint Committee examines the issue that led to the suspension and undertake to remedy the causes of the non-acceptance or non-ratification within a period of 90 days. After considering all other possibilities to ensure the good functioning of this Protocol, including the ability to see the equivalence of legislation, it may decide, unanimously, to restore this Protocol. If this Protocol continues to be suspended after 90 days, it ceases to be applicable.

Art. 6. with regard to the administrative and operational costs linked to the installation and the operation of the Eurodac Central Unit, the Liechtenstein brings to the general budget of the European communities a contribution amounting to 0.071% of a reference amount initial EUR 11 675 000 and, from FY 2004, an annual contribution of 0.071% compared to budget appropriations for the financial year in question.

Art. 7. the present Protocol does not affect the agreements between the Liechtenstein and the Switzerland insofar as they are compatible with this Protocol. In the event of inconsistency between these agreements and the Protocol, the latter shall prevail.

Art. 8-1. The present Protocol is subject to ratification or approval by the Contracting Parties. The instruments of ratification or approval are deposited with the Secretary-General of the Council, which is custodian.
2. the present Protocol comes into force on the first day of the month following the notification of the deposit of the last instrument of ratification or approval by the depositary to the Contracting Parties.
3. the art. 1 and 4 and art. 5, by. 2, first sentence, of this Protocol and the rights and obligations defined in art. 2 and art. 3, by. 1 to 4, of the agreement between the European Community and the Switzerland apply provisionally to Liechtenstein from the date of signature of this Protocol.

Art. 9. with respect to acts or measures adopted after the signature of this Protocol but before its entry into force, the period of 30 days referred to in art. 5, by. 2, last sentence, begins on the day of the entry into force of the present Protocol.

Art. 10-1. This Protocol is applied only if the agreements referred to in art. 11 of the agreement between the European Community and the Switzerland which must be concluded by the Liechtenstein are also implemented.
2. in addition, the implementation of this Protocol is subordinate to that of the Protocol between the European Union, 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 European Union and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis.

Art. 11-1. This Protocol may be denounced by each Contracting Party. This termination shall be notified to the depositary and shall take effect six months after notification.
2. in the case of denunciation by Switzerland of this Protocol or the agreement between the European Community and the Switzerland, or if the agreement ceases to be applicable to the Switzerland, the agreement between the European and the Switzerland and this Protocol remains in force with regard to the relationship between the Community European, on one hand, and the Liechtenstein on the other 3. This Protocol is considered to be denounced if the Liechtenstein denounces one of the agreements referred to in art. 11 of the agreement between the European Community and the Switzerland which have been concluded by the Liechtenstein or the Protocol referred to in art. 10, by. 2 art. 12. the present Protocol is established in triplicate in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovenian, Slovak, Swedish and Czech, each of these texts being equally authentic.
In faith, the undersigned Plenipotentiaries have affixed their signatures at the bottom of this final act.
Done at Brussels, on February 28, two thousand eight.

Final Act the Plenipotentiaries of the European Community and the Swiss Confederation and the Principality of Liechtenstein, hereinafter referred to as "Contracting Parties", met in Brussels on 28 February two thousand and eight for the signing of the Protocol between the community Union, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the European and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for an asylum application presented in a Member State or in Switzerland, adopted the Protocol.
The Plenipotentiaries of the Contracting Parties have taken note of the declarations listed below and attached to this final act: - Joint Declaration of the Contracting Parties on a close dialogue - statement of the Liechtenstein on art. 5, by. 3 - Common declaration on joint meetings of the joint committees.

Joint declarations of the Contracting Parties on a dialogue narrow the Contracting Parties emphasize the importance of a close and productive dialogue between all those involved in the implementation of the provisions listed in art. 2, by. 1, of this Protocol.
In accordance with art. 3, by. 1, of the agreement between the European Community and Switzerland, the Commission invites experts from Member States to hear from experts of the Liechtenstein at the meetings of the Joint Committee, in order to exchange views with the Switzerland on all the issues referred to in the agreement between the European Community and the Switzerland.
The Contracting Parties have taken note that Member States are willing to accept the above-mentioned invitation and participate in these exchanges of views with Liechtenstein on all the issues referred to in the agreement between the European Community and the Switzerland.

Declaration by Liechtenstein on art. 5, by. 3 (acceptance of new developments of the Dublin/Eurodac acquis) the maximum period of 18 months deadline for the art. 5, by. 3, covers both the approval that the implementation of the Act or measure. It includes the following stages: - the preparatory phase; - the parliamentary procedure - the referendum of 30 days period; - where applicable, the referendum (organisation and voting); - the promulgation by the prince reigning.

The Liechtenstein Government shall immediately inform the Council and the Commission of the fulfilment of each of the phases.
The Liechtenstein Government is committed to implement all means at its disposal to ensure that the above-mentioned phases take place as quickly as possible.

Joint statement on the meetings joint joint committees the Commission delegation, the delegations representing the Governments of the Republic of Iceland and the Kingdom of Norway, the delegation representing the Government of the Swiss Confederation, the delegation representing the Government of the Principality of Liechtenstein, take note that the Liechtenstein adheres to the Joint Committee established by the agreement between the European and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for the review of an application for asylum in a Member State or in Switzerland, via a protocol to this agreement, have decided to jointly organize the meetings of the joint committees set up by the agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for determining the State responsible for examining an asylum application submitted in a Member State in Iceland and Norway, on the one hand, and the agreement between the European Community and Confederation Switzerland concerning the criteria and mechanisms for determining the State responsible for the examination of a request for asylum in a Member State or in Switzerland, supplemented by the Protocol on the accession of the Liechtenstein, on the other hand,

see the joint holding of such meetings require a pragmatic arrangement regarding the Presidency of such meetings when this Presidency must be ensured by the associated States under the agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an asylum application submitted in a Member State or in Switzerland, supplemented by the Protocol on accession of the Liechtenstein or the agreement between the community European and the Republic of Iceland and the Kingdom of Norway on the criteria and mechanisms for determining the State responsible for examining an application for asylum in a Member State, Iceland or Norway, take note of the wish of the associated States to yield when necessary in their presidency and wield it in turn in the alphabetical order of their names from the entry into force of the agreement between the European Community and the Confederation Switzerland concerning the criteria and mechanisms for determining the State responsible for examining a request for asylum in a Member State or in Switzerland, supplemented by the Protocol on the accession of Liechtenstein.

RO 2011 1273 RS 0.142.392.68 OJ L 93 of 3.4.2001, p. 38.
OJ L 281 of 23.11.1995, p. 31. Last amended directive place by Regulation (EC) n. 1882/2003 of the European Parliament and the Council on Sept. 29. 2003 (JO L 284 of the 31.10.2003, p. 1).
RS 0.362.311 State on April 1, 2011

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