Council Decision of 7 March 2011 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

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 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 and the declarations annexed thereto are approved on behalf of the European Union. The text of the Protocol, its Final Act and related Declarations are attached to this Decision.

The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Union the instrument of approval provided for in Article 8(1) of the Protocol, in order to express the consent of the Union to be bound, and to make the following notification: ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the Protocol as well as in the Agreement are, where appropriate, to be understood as to “the European Union”.’

This Decision shall enter into force on the day of its adoption.

This Decision shall be published in the Official Journal of the European Union.

1 In accordance with Article 15 of 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 (hereinafter referred to as ‘the Agreement between the European Community and Switzerland’), the Principality of Liechtenstein (hereinafter referred to as ‘Liechtenstein’) accedes to that Agreement, under the terms and conditions set out in this Protocol.

2 This Protocol creates reciprocal rights and obligations between the Contracting Parties, in accordance with the rules and procedures set out in herein.

1 The provisions of the: Dublin Regulation , Eurodac Regulation , Eurodac implementing Regulation , and the Dublin implementing Regulation shall be implemented by Liechtenstein, and applied in its relations with the Member States of the European Union and with Switzerland.

2 The acts and measures taken by the European Community amending or building upon the provisions referred to in paragraph 1 and the decisions taken in accordance with the procedures set out in those provisions, without prejudice to Article 5, shall also be accepted, implemented and applied by Liechtenstein.

3 For the purposes of paragraphs 1 and 2, references to the ‘Member States’ in the provisions referred to in paragraph 1 shall be deemed to include Liechtenstein.

The rights and obligations set out in Articles 2, 3(1) to (4), Articles 5 to 7, Article 8(1) second subparagraph and Article 8(2), Articles 9 to 11 of the Agreement between the European Community and Switzerland shall apply mutatis mutandis to Liechtenstein.

A representative of the Government of Liechtenstein shall become a member of the Mixed Committee as established by Article 3 of the Agreement between the European Community and Switzerland. The office of the President of the Mixed Committee shall be held alternately for a period of six months, by the representative of the Commission of the European Communities (hereafter ‘the Commission’) and by the representative of the Government of Liechtenstein or Switzerland, respectively.

1 Subject to paragraph 2, when the Council of the European Union (hereafter ‘the Council’) adopts acts or measures amending or building upon the provisions of Article 2 and when acts or measures are adopted in accordance with the procedures set out in those provisions, those acts or measures shall be applied simultaneously by the Member States and Liechtenstein, except where express provisions exist to the contrary.

2 The Commission shall notify Liechtenstein without delay of the adoption of the acts or measures referred to in paragraph 1. Liechtenstein shall decide whether to accept their contents and to implement them in its internal legal order. That decision shall be notified to the Commission within 30 days of the adoption of the acts or measures concerned.

3 If the contents of such an act or a measure can become binding on Liechtenstein only after the fulfilment of constitutional requirements, Liechtenstein shall inform the Commission of this at the time of its notification. Liechtenstein shall promptly inform the Council and the Commission in writing upon fulfilment of all constitutional requirements. Where a referendum is not required, notification shall, at the latest, take place 30 days after the referendum deadline expires. If a referendum is required, Liechtenstein shall have a maximum of 18 months from the date of the Commission’s notification within which to make its notification. From the date laid down for the entry into force of the act or measure for Liechtenstein and until it has given notification that the constitutional requirements have been met, Liechtenstein shall, where possible, implement the act or measure in question on a provisional basis.

4 If Liechtenstein cannot implement the act or measure at issue on a provisional basis, and if this causes difficulties that disrupt the operation of Dublin/Eurodac cooperation, the situation shall be examined by the Mixed Committee. The European Community may take proportionate, appropriate measures against Liechtenstein to ensure that Dublin/Eurodac cooperation operates smoothly.

5 Acceptance by Liechtenstein of the acts and measures referred to in paragraph 1 shall create rights and obligations between Liechtenstein, Switzerland and the Member States of the European Union.

6 This Protocol shall be suspended if: (a) Liechtenstein notifies its decision not to accept the contents of an act or measure referred to in paragraph 1 and to which the procedures set out in this Protocol have been applied; or (b) Liechtenstein does not carry out notification within the 30-day time limit referred to in paragraph 2; or (c) Liechtenstein does not carry out the notification at the latest 30 days after the referendum deadline has expired or, in the case of a referendum, within the 18-month time limit set out in paragraph 3, or does not provide for provisional implementation as envisaged in the same paragraph from the date laid down for the entry into force of the act or measure concerned.

7 The Mixed Committee shall examine the matter which gave rise to suspension and shall endeavour to deal with the underlying causes of non-acceptance or non-ratification within 90 days. After examining all other options with a view to ensuring that the Protocol continues to operate smoothly, including the possibility of noting that the Contracting Parties’ laws and regulations are equivalent, it may decide, on a unanimous basis, to reinstate this Protocol. If this Protocol is still suspended after 90 days, it shall be considered terminated.

As regards the administrative and operating costs associated with the setting up and operation of the Eurodac central unit, Liechtenstein shall make a contribution to the general budget of the European Communities amounting to 0,071 % of an initial reference amount of EUR 11675000 and, from the 2004 financial year, an annual contribution amounting to 0,071 % of the corresponding budgetary appropriations for the financial year in question.

This Protocol shall not affect agreements between Liechtenstein and Switzerland in so far as they are compatible with this Protocol. If such agreements are incompatible with this Protocol, the latter shall prevail.

1 This Protocol shall be ratified or approved by the Contracting Parties. Instruments of ratification or approval shall be deposited with the Secretary-General of the Council, who shall be the depositary.

2 This Protocol shall enter into force on the first day of the month following notification by the depositary to the Contracting Parties that the final instrument of ratification or approval has been deposited.

3 Articles 1, 4 and the first sentence of Article 5(2) of this Protocol and the rights and obligations set out in Articles 2, 3(1) to (4) of the Agreement between the European Community and Switzerland shall apply provisionally to Liechtenstein as of the date on which this Protocol is signed.

With respect to acts or measures adopted after this Protocol has been signed but before it enters into force, the 30-day period referred to in Article 5(2), last sentence shall start to run from the day of entry into force of this Protocol.

1 This Protocol shall be applied only if the agreements to be concluded by Liechtenstein and referred to in Article 11 of the Agreement between the European Community and Switzerland are also implemented.

2 In addition, this Protocol shall be applied only if the Protocol concluded 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 Swiss Confederation’s association with the implementation, application and development of the Schengen acquis is also implemented.

1 This Protocol may be denounced by any Contracting Party. The depositary shall be notified of denunciation, which shall take effect six months after notification.

2 In case of denunciation by Switzerland of this Protocol or of the Agreement between the European Community and Switzerland, or in case of the termination of the Agreement between the European Community and Switzerland with respect to Switzerland, the Agreement between the European Community and Switzerland and this Protocol shall remain in force with respect to the relations between the European Community on the one part and Liechtenstein on the other part.

3 This Protocol shall be considered to have been terminated if Liechtenstein terminates one of the agreements referred to in Article 11 of the Agreement between the European Community and Switzerland that have been concluded by Liechtenstein, or terminates the Protocol referred to in Article 10(2).

This Protocol shall be drawn up in triplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.