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Original text
(State 1 Er April 2011)
The Swiss Confederation and the European Community and the Principality of Liechtenstein,
Hereinafter referred to as "Contracting Parties",
Having regard to the Agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State or in Switzerland signed on 26 October 2004 1 (hereinafter 'the Agreement between the European Community and Switzerland'),
Recalling that his art. 15 provides for the possibility of the Principality of Liechtenstein to accede to the Agreement between the European Community and Switzerland by a Protocol,
Having regard to the geographical position of the Principality of Liechtenstein,
Whereas the Principality of Liechtenstein wishes to be associated with Community legislation covering the 'Dublin' and 'Eurodac' regulations (hereinafter 'the Dublin/Eurodac acquis'),
Whereas the European Community concluded, on 19 January 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 application for asylum Introduced in a Member State, Iceland or Norway on the basis of the Dublin Convention 2 ,
Whereas it is desirable for the Principality of Liechtenstein to be associated on an equal footing with Iceland, 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 conferring on the Principality of Liechtenstein rights and obligations similar to those agreed between The European Community, of the one part, and Iceland and Norway, and Switzerland, of the other part,
Whereas the provisions of Title IV of the Treaty establishing the European Community and of acts adopted on the basis of that Title shall not apply to the Kingdom of Denmark under the Protocol on the position of Denmark annexed to the Treaty on The European Union and the Treaty establishing the European Community, but the possibility should be given to the Swiss Confederation and the Principality of Liechtenstein, on the one hand, and to Denmark, on the other, to apply, in their relations The substantive provisions of the Agreement between the European Community and Switzerland, such as the Provides for his art. 11, para. 1,
Whereas it is necessary to ensure that the states with which the European Community has established an association for the implementation, application and development of the Dublin/Eurodac acquis, apply this acquis as well in their Mutual relationships,
Whereas the proper functioning of the Dublin/Eurodac acquis requires the simultaneous application of this Protocol with the agreements between the various parties involved in the implementation and development of the Dublin/Eurodac acquis governing Their mutual relations,
Whereas Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free movement of such data 3 Shall be applied by the Principality of Liechtenstein as applied by the Member States of the European Union when processing data for the purposes of this Protocol,
Having regard to the Protocol on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community, the Swiss Confederation on the association of the Swiss Confederation with implementation, application and development The Schengen acquis 4 ,
Recalling the link between the acquis communautaire on the establishment of the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in one of the Member States concerning the establishment of the system 'Eurodac' and the Schengen acquis,
Whereas this link calls for the simultaneous application of the Schengen acquis with the acquis communautaire on the establishment of the criteria and mechanisms for determining the State responsible for examining an application for asylum Presented in one of the Member States concerning the creation of Eurodac,
Agreed to the following provisions:
1. In accordance with Art. 15 of the Agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State or in Switzerland (hereinafter referred to as " the Agreement Between the European Community and Switzerland "), the Principality of Liechtenstein (hereinafter referred to as" Liechtenstein ") shall agree to the conditions laid down in this Protocol.
(2) This Protocol shall establish reciprocal rights and obligations between the Contracting Parties in accordance with the rules and procedures laid down therein.
1. The provisions:
Are implemented by Liechtenstein and apply to its relations with the Member States of the European Union and Switzerland.
2. Without prejudice to s. 5, the acts and measures taken by the European Community amending or supplementing the provisions referred to in par. 1 and decisions taken in accordance with the procedures laid down in those provisions shall also be accepted, implemented and enforced by Liechtenstein.
3. For the purposes of paras. 1 and 2, references to "Member States" contained in the provisions referred to in subs. 1 are deemed to include Liechtenstein.
The rights and obligations set out in Art. 2, art. 3, para. 1 to 4, art. 5 to 7, art. 8, para. 1, para. 2, art. 8, para. 2, and s. 9 to 11 of the Agreement between the European Community and Switzerland shall apply Mutatis mutandis Liechtenstein.
A representative of the Government of Liechtenstein becomes a member of the Joint Committee established by Art. 3 of the Agreement between the European Community and Switzerland.
The Presidency of the Joint Committee shall be held, in turn, for a period of six months, respectively, by the representative of the Commission of the European Communities (hereinafter referred to as "the Commission") and the representative of the Government of Liechtenstein or From Switzerland.
1. Subject to subs. 2, where 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 where acts or measures are adopted in accordance with the procedures laid down in those provisions, those acts or measures shall be applied simultaneously by the Member States and by Liechtenstein, unless expressly provided otherwise.
2. The Commission shall, without delay, notify Liechtenstein of the adoption of the acts or measures referred to in para. 1. Liechtenstein takes a decision on the acceptance of their content and on their transposition into its internal legal order. This decision shall be notified to the Commission within 30 days of the adoption of the acts or measures concerned.
3. If the content of the above-mentioned acts or measures can bind Liechtenstein only after the fulfilment of its constitutional requirements, the latter shall inform the Commission thereof when it is notified. Liechtenstein shall inform the Council and the Commission in writing without delay of the completion of all constitutional requirements. In the event that a referendum is not requested, the notification shall take place no later than 30 days after the deadline for the referendum. If a referendum is requested, Liechtenstein shall have, in order to make the notification, a period of up to 18 months from the notification of the Council. From the date fixed for the entry into force of the act or measure in respect of Liechtenstein and until it notifies the fulfilment of the constitutional requirements, Liechtenstein provisionally implements, to the extent that The content of the act or measure concerned.
4. If Liechtenstein cannot provisionally implement the measure or measure in question and this fact creates difficulties affecting the functioning of the Dublin/Eurodac cooperation, the situation is examined by the Joint Committee. The European Community may, in respect of Liechtenstein, take proportionate and necessary measures to ensure the proper functioning of the Dublin/Eurodac cooperation.
5. The acceptance by Liechtenstein of the acts and measures referred to in s. 1 creates rights and obligations between Liechtenstein, Switzerland and Member States of the European Union.
6. This Protocol shall be suspended if:
7. The Joint Committee examines the issue that led to the suspension and undertakes to remedy the causes of non-acceptance or non-ratification within 90 days. Having considered all other possibilities in order to ensure the proper functioning of this Protocol, including the possibility of seeing the equivalence of the legislative provisions, it may, unanimously, decide to restore the present Protocol. If this Protocol continues to be suspended after 90 days, it shall cease to be applicable.
As regards the administrative and operational costs relating to the installation and operation of the Eurodac central unit, Liechtenstein makes a contribution to the general budget of the European Communities amounting to 0.071 % of an amount Initial reference of EUR 11 675 000 and, from the budgetary year 2004, an annual contribution of 0.071 % in relation to the corresponding budgetary appropriations for the budgetary year concerned.
This Protocol shall not affect agreements between Liechtenstein and Switzerland to the extent that they are compatible with this Protocol. In the event of any inconsistency between these agreements and this Protocol, the latter shall prevail.
(1) This Protocol shall be subject to ratification or approval by the Contracting Parties. Instruments of ratification or approval shall be deposited with the Secretary-General of the Council, who shall act as depositary of such instruments.
(2) This Protocol shall enter 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. Art. 1 and 4 and art. 5, para. 2, first sentence, of this Protocol and the rights and obligations set out in Art. 2 and art. 3, para. 1 to 4 of the Agreement between the European Community and Switzerland shall apply provisionally in Liechtenstein from the date of signature of this Protocol.
With regard to acts or measures adopted after the signature of this Protocol but before its entry into force, the 30-day period referred to in Art. 5, para. 2, last sentence, shall begin on the day of the entry into force of this Protocol.
(1) This Protocol shall be applied only if the agreements referred to in Art. 11 of the Agreement between the European Community and Switzerland to be concluded by Liechtenstein are also implemented.
2. In addition, the implementation of this Protocol is subject 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 Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis.
(1) This Protocol may be denounced by each Contracting Party. Such denunciation shall be notified to the depositary and shall take effect six months after the notification.
2. In the event of the termination by Switzerland of this Protocol or of the Agreement between the European Community and Switzerland, or if the Agreement ceases to be applicable to Switzerland, the Agreement between the European Community and Switzerland and the present Protocol shall remain in force as regards relations between the European Community, of the one part, and Liechtenstein, of the other part.
3. This Protocol shall be deemed to be denounced if Liechtenstein denounces one of the agreements referred to in Art. 11 of the Agreement between the European Community and Switzerland which have been concluded by Liechtenstein, or the Protocol referred to in Art. 10, para. 2.
This Protocol shall be drawn up in triplicate in the German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish and Portuguese languages. Romanian, Slovenian, Slovak, Swedish and Czech, each of these texts being equally authentic.
In witness whereof , the undersigned Plenipotentiaries have signed at the bottom of this Final Act.
Done at Brussels, the twenty-eight February two thousand eight.
Plenipotentiaries of the European Community and of the Swiss Confederation and of the Principality of Liechtenstein,
Hereinafter "Contracting Parties",
Meeting in Brussels on 28 February, two thousand eight for the signature of the 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 The Protocol was adopted by the European Community and the Swiss Confederation on the criteria and mechanisms for determining the state responsible for an application for asylum lodged in a Member State or in Switzerland.
The plenipotentiaries of the Contracting Parties took note of the declarations U Below and attached to this Final Act:
The Contracting Parties stress the importance of maintaining a close and productive dialogue between all those involved in the implementation of the provisions listed in Art. 2, para. 1, of this Protocol.
In accordance with Art. 3, para. 1, of the Agreement between the European Community and Switzerland, the Commission invites experts from the Member States to hear experts from Liechtenstein at the meetings of the Joint Committee, in order to exchange views with Switzerland on all Issues covered by the Agreement between the European Community and Switzerland.
The Contracting Parties have noted that Member States are prepared to accept the above invitation and to participate in these exchanges of views with Liechtenstein on all matters referred to in the Agreement between the European Community and Liechtenstein. Switzerland.
(Deadline for accepting new developments in the Dublin/Eurodac acquis)
The maximum period of 18 months laid down in Art. 5, para. 3, covers both approval and implementation of the act or measure. It consists of the following phases:
The Government of Liechtenstein shall without delay inform the Council and the Commission of the completion of each phase.
The Government of Liechtenstein undertakes to implement all means at its disposal to ensure that the various phases mentioned above are carried out as quickly as possible.
The Delegation of the European Commission, 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 Liechtenstein accedes to the Joint Committee established by the Agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the State responsible for examining an application for asylum Presented in a Member State or in Switzerland via a protocol to that agreement,
Decided to organise joint meetings of the joint committees established by the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway on the criteria and mechanisms for determining the responsible State Examination of an application for asylum lodged in a Member State, in Iceland or in Norway, on the one hand, and by the agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the State responsible for The examination of an application for asylum lodged in a Member State or in Switzerland, supplemented by the Protocol on the accession of Liechtenstein on the other hand,
Note that the joint holding of these meetings requires a pragmatic arrangement with regard to the Presidency of these meetings when that Presidency is to be provided by the associated States under the Agreement between the European Community and The Swiss Confederation on the criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State or in Switzerland supplemented by the Protocol on the accession of Liechtenstein or the Agreement between The European Community and the Republic of Iceland and the Kingdom of Norway concerning Criteria and mechanisms for determining the State responsible for examining an application for asylum lodged in a Member State, in Iceland or Norway,
Take note of the desire of the associated States to give in to the exercise of their Presidency in the event of need, and to exercise their names in alphabetical order, as from the entry into force of the Agreement between the European Community and the Swiss Confederation on the criteria and mechanisms for determining the state responsible for examining an application for asylum lodged in a Member State or in Switzerland, supplemented by the Protocol on the accession of Liechtenstein.
1 RS 0.142.392.68
2 OJ L 93, 3.4.2001, p. 38.
3 OJ L 281, 23.11.1995, p. 31. Directive as last amended by Regulation (EC) No O 1882/2003 of the European Parliament and of the Council of 29 seven. 2003 (OJ L 284, 31.10.2003, p. 1).
4 RS 0.362.311
