BETA


2006/0252(NLE) EC/Switzerland/Liechtenstein agreement: protocol on the accession of Liechtenstein to the EC/Switzerland agreement on the criteria to determine the state responsible for the examination of an asylum application. Dublin Convention on Eurodac

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE HOHLMEIER Monika (icon: PPE PPE)
Former Responsible Committee LIBE KLAMT Ewa (icon: PPE-DE PPE-DE)
Former Committee Legal Basis Opinion JURI MEDINA ORTEGA Manuel (icon: PSE PSE)
Lead committee dossier:
Legal Basis:
TFEU 078-p2, TFEU 218-p6a

Events

2011/06/18
   Final act published in Official Journal
Details

PURPOSE: to conclude a Protocol between the European Community, Switzerland and Liechtenstein allowing Liechtenstein to accede to the Agreement between the Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (Dublin/EURODAC).

NON-LEGISLATIVE ACT: Council Decision 2011/351/EC 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.

BACKGROUND: 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 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, have been finalised. The protocol was signed on behalf of the European Community on 28 February 2008, subject to its final conclusion at a later date.

It is now necessary to approve the Protocol on behalf of the EU (which replaced the "European Community" following the entry into force of the Treaty of Lisbon on 1 December 2009).

CONTENT: with this Decision, the Protocol between the European Community, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland 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.

To recall, 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 (Dublin/Eurodac agreement with Switzerland) (see CNS/2004/0200 ). That Agreement anticipated Liechtenstein's possible association with Switzerland on the Dublin/Eurodac acquis.

The purpose of this Decision is to formally conclude this Agreement.

The final content of the Protocol can be summarised as follows:

Liechtenstein accedes to the Dublin/Eurodac agreement with Switzerland and will have to accept the entire Dublin/Eurodac acquis and the development thereof. If Liechtenstein does not accept future developments of the Dublin/Eurodac acquis, the Protocol will cease to operate. Liechtenstein will become a member of the Mixed Committee and will have the right to express its opinion within the Mixed Committee and to preside it. The putting into effect of the Dublin/Eurodac Protocol is linked to the putting into effect of the Schengen Protocol (see CNS/2006/0251 ), as well as to the putting into effect of the Protocol between the European Community, Switzerland and Liechtenstein on the participation of Denmark (see CNS/2006/0257 ) and of the Agreement between Liechtenstein and Norway and Iceland on Dublin/Eurodac. Specific provisions are laid down for Liechtenstein concerning the time period needed for the implementation of a development of the Dublin/Eurodac acquis, in case constitutional requirements need to be fulfilled by Liechtenstein (18 months) and the financial contribution that Liechtenstein, like Switzerland, has to pay for administrative and operating costs associated with the setting up and operation of the Eurodac central unit. For Liechtenstein, this amounts to 0.071% of the initial costs of EUR 11 675 000 and from budget year 2004 onwards to an annual contribution of 0.071% of the corresponding budgetary appropriations for the financial year in question. Consequently, there are no financial implications for the EU resulting from Liechtenstein's association with the Dublin/Eurodac acquis.

Territorial measures : according to relevant provisions of the Treaty, the United Kingdom and Ireland shall both participate in the adoption and implementation of this Decision. For its part, Denmark shall not participate in the adoption of this Decision and is not bound by or subject to its application.

DATE OF IMPLEMENTATION: the Decision shall enter into force on 7 March 2011. The Protocol shall enter into force on 1 April 2011.

2011/03/07
   EP/CSL - Act adopted by Council after consultation of Parliament
2011/03/07
   EP - End of procedure in Parliament
2011/03/07
   CSL - Council Meeting
2011/02/15
   EP - Decision by Parliament
Details

The European Parliament adopted a legislative resolution in which its gives its consent to the conclusion of a Protocol between the European Union, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland.

Documents
2011/02/01
   EP - Committee final report tabled for plenary, reconsultation
Documents
2011/01/31
   EP - Committee report tabled for plenary, reconsultation
Documents
2011/01/26
   EP - Vote in committee
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report drafted by Monika HOHLMEIER (EPP, DE) recommending the European Parliament to give its consent to the conclusion of a Protocol between the European Union, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland.

2010/11/24
   EP - Committee draft report
Documents
2010/05/28
   EP/CSL - Formal reconsultation of Parliament
2010/04/26
   CSL - Amended legislative proposal for reconsultation
Details

By this Decision, the European Parliament has been once again been consulted on the proposal for a Council Decision 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.

To recall, on 27 February 2006, negotiations with Liechtenstein and Switzerland on the conclusion on the protocol were finalised. In accordance with a Council Decision, the Protocol was signed on behalf of the European Union on 28 February 2008, subject to its conclusion at a later date.

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.

It is therefore necessary to approve the protocol on behalf of the European Union on the basis of the new legal basis set out in the Treaty on the Functioning of the European Union (TFEU).

A new provision has been included stipulating that 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".

New territorial provisions have also been laid down.

The European Parliament’s consent is also required.

Documents
2010/04/25
   EC - Amended legislative proposal for reconsultation published
Details

By this Decision, the European Parliament has been once again been consulted on the proposal for a Council Decision 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.

To recall, on 27 February 2006, negotiations with Liechtenstein and Switzerland on the conclusion on the protocol were finalised. In accordance with a Council Decision, the Protocol was signed on behalf of the European Union on 28 February 2008, subject to its conclusion at a later date.

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.

It is therefore necessary to approve the protocol on behalf of the European Union on the basis of the new legal basis set out in the Treaty on the Functioning of the European Union (TFEU).

A new provision has been included stipulating that 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".

New territorial provisions have also been laid down.

The European Parliament’s consent is also required.

Documents
2009/09/02
   EP - HOHLMEIER Monika (PPE) appointed as rapporteur in LIBE
2008/10/24
   CSL - Council Meeting
2008/08/27
   EC - Commission response to text adopted in plenary
Documents
2008/07/08
   EP - Results of vote in Parliament
2008/07/08
   EP - Decision by Parliament
Details

The European Parliament adopted, by 621 votes to 13 with 50 abstentions under the consultation procedure, a legislative resolution approving the proposal for a Council decision 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 on implementing the Dublin Regulation in this country (establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland). The report had been tabled for consideration in plenary by Ewa KLAMT (EPP-ED, DE) on behalf of the Committee on Civil Liberties, Justice and Home Affairs.

Parliament adopted one amendment to the proposal, indicating that the agreement requires the assent, and not merely a consultation, of the European Parliament. Therefore, they amended the legal basis of the proposal and indicated that they reserve the right to defend the prerogatives as conferred by the Treaty to the European Parliament in this matter.

Documents
2008/06/09
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2008/06/09
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2008/05/29
   EP - Vote in committee
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the consultation report by Ewa KLAMT (EPP-ED, DE) approving the proposal for a Council decision 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 on implementing the Dublin Regulation in this country (establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland).

MEPs approved one single amendment to the proposal of a legal nature. They believe that this agreement requires the assent , and not merely a consultation , of the European Parliament. Therefore, they are amending the legal basis of the proposal and indicate that they reserve the right to defend the prerogatives as conferred by the Treaty to the European Parliament in this matter.

2008/04/18
   EP - Committee draft report
Documents
2008/03/13
   EP - Committee referral announced in Parliament
2008/02/28
   CSL - Council Meeting
2007/06/12
   EP - Committee opinion
Documents
2007/02/26
   EP - MEDINA ORTEGA Manuel (PSE) appointed as rapporteur in JURI
2006/12/19
   EP - KLAMT Ewa (PPE-DE) appointed as rapporteur in LIBE
2006/12/04
   EC - Legislative proposal
Details

PURPOSE: to conclude a Protocol between the European Community, Switzerland and Liechtenstein allowing Liechtenstein to accede to the Agreement between the Community, Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (Dublin/EURODAC).

PROPOSED ACT: Council Decision.

CONTENT: 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 (Dublin/Eurodac agreement with Switzerland) (see CNS/2004/0200 ).

That Agreement anticipated Liechtenstein's possible association with the Dublin/Eurodac acquis and made provision in its Article 15 for Liechtenstein to accede to the Agreement by means of a protocol determining the rights and obligations of each of the contracting parties.

Following the authorisation given by the Council to the Commission in February 2006, negotiations were held with Liechtenstein and Switzerland and in June 2006 negotiations were finalised and the draft protocol on Liechtenstein's accession to the Dublin/Eurodac agreement with Switzerland was initialled.

This proposal aims to conclude the legal basis for the decision on 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(2) of the Treaty establishing the European Community.

The final content of the Protocol can be summarised as follows:

§ Liechtenstein accedes to the Dublin/Eurodac agreement with Switzerland and will have to accept the entire Dublin/Eurodac acquis and the development thereof. If Liechtenstein does not accept future developments of the Dublin/Eurodac acquis, the Protocol will cease to operate;

§ Liechtenstein will become a member of the Mixed Committee and will have the right to express its opinion within the Mixed Committee and to preside it;

§ The putting into effect of the Dublin/Eurodac Protocol is linked to the putting into effect of the Schengen Protocol (see CNS/2006/0251 ), as well as to the putting into effect of the Protocol between the European Community, Switzerland and Liechtenstein on the participation of Denmark and of the Agreement between Liechtenstein and Norway and Iceland on Dublin/Eurodac (see CNS/2006/0257 );

§ Specific provisions are laid down for Liechtenstein concerning the time period needed for the implementation of a development of the Dublin/Eurodac acquis, in case constitutional requirements need to be fulfilled by Liechtenstein (18 months) and the financial contribution that Liechtenstein, like Switzerland, has to pay for administrative and operating costs associated with the setting up and operation of the Eurodac central unit. For Liechtenstein , this amounts to 0.071% of the initial costs of EUR 11 675 000 and from budget year 2004 onwards to an annual contribution of 0.071% of the corresponding budgetary appropriations for the financial year in question. Consequently, there are no financial implications for the EU resulting from Liechtenstein's association with the Dublin/Eurodac acquis.

2006/12/03
   EC - Legislative proposal published
Details

PURPOSE: to conclude a Protocol between the European Community, Switzerland and Liechtenstein allowing Liechtenstein to accede to the Agreement between the Community, Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (Dublin/EURODAC).

PROPOSED ACT: Council Decision.

CONTENT: 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 (Dublin/Eurodac agreement with Switzerland) (see CNS/2004/0200 ).

That Agreement anticipated Liechtenstein's possible association with the Dublin/Eurodac acquis and made provision in its Article 15 for Liechtenstein to accede to the Agreement by means of a protocol determining the rights and obligations of each of the contracting parties.

Following the authorisation given by the Council to the Commission in February 2006, negotiations were held with Liechtenstein and Switzerland and in June 2006 negotiations were finalised and the draft protocol on Liechtenstein's accession to the Dublin/Eurodac agreement with Switzerland was initialled.

This proposal aims to conclude the legal basis for the decision on 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(2) of the Treaty establishing the European Community.

The final content of the Protocol can be summarised as follows:

§ Liechtenstein accedes to the Dublin/Eurodac agreement with Switzerland and will have to accept the entire Dublin/Eurodac acquis and the development thereof. If Liechtenstein does not accept future developments of the Dublin/Eurodac acquis, the Protocol will cease to operate;

§ Liechtenstein will become a member of the Mixed Committee and will have the right to express its opinion within the Mixed Committee and to preside it;

§ The putting into effect of the Dublin/Eurodac Protocol is linked to the putting into effect of the Schengen Protocol (see CNS/2006/0251 ), as well as to the putting into effect of the Protocol between the European Community, Switzerland and Liechtenstein on the participation of Denmark and of the Agreement between Liechtenstein and Norway and Iceland on Dublin/Eurodac (see CNS/2006/0257 );

§ Specific provisions are laid down for Liechtenstein concerning the time period needed for the implementation of a development of the Dublin/Eurodac acquis, in case constitutional requirements need to be fulfilled by Liechtenstein (18 months) and the financial contribution that Liechtenstein, like Switzerland, has to pay for administrative and operating costs associated with the setting up and operation of the Eurodac central unit. For Liechtenstein , this amounts to 0.071% of the initial costs of EUR 11 675 000 and from budget year 2004 onwards to an annual contribution of 0.071% of the corresponding budgetary appropriations for the financial year in question. Consequently, there are no financial implications for the EU resulting from Liechtenstein's association with the Dublin/Eurodac acquis.

Documents

Votes

Rapport Klamt A6-0247/2008 - résolution #

2008/07/08 Outcome: +: 621, 0: 50, -: 13
DE IT FR PL ES RO NL GB HU CZ PT BE EL SE BG FI AT SK LT DK IE LV SI CY EE LU MT
Total
89
64
66
48
46
33
26
66
20
20
20
20
23
16
14
14
15
13
11
13
12
8
6
6
6
5
4
icon: PPE-DE PPE-DE
261
2

Denmark PPE-DE

1

Estonia PPE-DE

For (1)

1

Luxembourg PPE-DE

3

Malta PPE-DE

2
icon: PSE PSE
184

Czechia PSE

2

Lithuania PSE

For (1)

1

Ireland PSE

1

Estonia PSE

3

Malta PSE

2
icon: ALDE ALDE
90
2

Sweden ALDE

2

Austria ALDE

1

Ireland ALDE

For (1)

1

Latvia ALDE

1

Slovenia ALDE

2

Cyprus ALDE

For (1)

1

Estonia ALDE

2

Luxembourg ALDE

For (1)

1
icon: UEN UEN
38

Lithuania UEN

2

Denmark UEN

For (1)

1

Ireland UEN

3
icon: Verts/ALE Verts/ALE
34

Italy Verts/ALE

2

Spain Verts/ALE

1

Romania Verts/ALE

1

United Kingdom Verts/ALE

3

Belgium Verts/ALE

2

Sweden Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Austria Verts/ALE

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
35

France GUE/NGL

2

Netherlands GUE/NGL

2

United Kingdom GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

2

Sweden GUE/NGL

2

Finland GUE/NGL

Abstain (1)

1

Denmark GUE/NGL

1

Ireland GUE/NGL

Abstain (1)

1

Cyprus GUE/NGL

2
icon: NI NI
27

Italy NI

Abstain (1)

3

United Kingdom NI

6

Czechia NI

1

Belgium NI

3

Bulgaria NI

Abstain (1)

1

Austria NI

Against (1)

2
icon: IND/DEM IND/DEM
15

France IND/DEM

Abstain (1)

1

Poland IND/DEM

3

Netherlands IND/DEM

2

Czechia IND/DEM

1

Greece IND/DEM

Abstain (1)

1

Denmark IND/DEM

Abstain (1)

1

Ireland IND/DEM

For (1)

1

History

(these mark the time of scraping, not the official date of the change)

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New
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docs
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summary
The European Parliament adopted a legislative resolution in which its gives its consent to the conclusion of a Protocol between the European Union, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland.
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docs
url: http://www.europarl.europa.eu/doceo/document/TA-7-2011-0048_EN.html title: T7-0048/2011
summary
The European Parliament adopted a legislative resolution in which its gives its consent to the conclusion of a Protocol between the European Union, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland.
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Rules of Procedure EP 159
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  • date: 2008-02-28T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2853
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  • date: 2008-07-08T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=15184&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-322 type: Decision by Parliament, 1st reading/single reading title: T6-0322/2008 body: EP type: Results of vote in Parliament
  • date: 2008-10-24T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2899
  • date: 2010-04-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6242%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Amended legislative proposal for reconsultation published title: 06242/2010 body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: MALMSTRÖM Cecilia type: Amended legislative proposal for reconsultation published
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  • date: 2011-02-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-13&language=EN type: Committee report tabled for plenary, reconsultation title: A7-0013/2011 body: unknown type: Committee report tabled for plenary, reconsultation
  • date: 2011-02-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-48 type: Decision by Parliament, 1st reading/single reading title: T7-0048/2011 body: EP type: Decision by Parliament, 1st reading/single reading
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  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2853 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2853*&MEET_DATE=28/02/2008 date: 2008-02-28T00:00:00
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  • date: 2007-06-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE390.621&secondRef=01 title: PE390.621 committee: JURI type: Committee opinion body: EP
  • date: 2008-04-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE404.818 title: PE404.818 type: Committee draft report body: EP
  • date: 2008-06-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-247&language=EN title: A6-0247/2008 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2008-08-27T00:00:00 docs: url: /oeil/spdoc.do?i=15184&j=0&l=en title: SP(2008)4891 type: Commission response to text adopted in plenary
  • date: 2010-11-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE452.676 title: PE452.676 type: Committee draft report body: EP
  • date: 2011-02-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-13&language=EN title: A7-0013/2011 type: Committee final report tabled for plenary, reconsultation body: EP
events
  • date: 2006-12-04T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0754/COM_COM(2006)0754_EN.pdf title: COM(2006)0754 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2006&nu_doc=754 title: EUR-Lex summary: PURPOSE: to conclude a Protocol between the European Community, Switzerland and Liechtenstein allowing Liechtenstein to accede to the Agreement between the Community, Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (Dublin/EURODAC). PROPOSED ACT: Council Decision. CONTENT: 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 (Dublin/Eurodac agreement with Switzerland) (see CNS/2004/0200 ). That Agreement anticipated Liechtenstein's possible association with the Dublin/Eurodac acquis and made provision in its Article 15 for Liechtenstein to accede to the Agreement by means of a protocol determining the rights and obligations of each of the contracting parties. Following the authorisation given by the Council to the Commission in February 2006, negotiations were held with Liechtenstein and Switzerland and in June 2006 negotiations were finalised and the draft protocol on Liechtenstein's accession to the Dublin/Eurodac agreement with Switzerland was initialled. This proposal aims to conclude the legal basis for the decision on 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(2) of the Treaty establishing the European Community. The final content of the Protocol can be summarised as follows: § Liechtenstein accedes to the Dublin/Eurodac agreement with Switzerland and will have to accept the entire Dublin/Eurodac acquis and the development thereof. If Liechtenstein does not accept future developments of the Dublin/Eurodac acquis, the Protocol will cease to operate; § Liechtenstein will become a member of the Mixed Committee and will have the right to express its opinion within the Mixed Committee and to preside it; § The putting into effect of the Dublin/Eurodac Protocol is linked to the putting into effect of the Schengen Protocol (see CNS/2006/0251 ), as well as to the putting into effect of the Protocol between the European Community, Switzerland and Liechtenstein on the participation of Denmark and of the Agreement between Liechtenstein and Norway and Iceland on Dublin/Eurodac (see CNS/2006/0257 ); § Specific provisions are laid down for Liechtenstein concerning the time period needed for the implementation of a development of the Dublin/Eurodac acquis, in case constitutional requirements need to be fulfilled by Liechtenstein (18 months) and the financial contribution that Liechtenstein, like Switzerland, has to pay for administrative and operating costs associated with the setting up and operation of the Eurodac central unit. For Liechtenstein , this amounts to 0.071% of the initial costs of EUR 11 675 000 and from budget year 2004 onwards to an annual contribution of 0.071% of the corresponding budgetary appropriations for the financial year in question. Consequently, there are no financial implications for the EU resulting from Liechtenstein's association with the Dublin/Eurodac acquis.
  • date: 2008-03-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2008-05-29T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the consultation report by Ewa KLAMT (EPP-ED, DE) approving the proposal for a Council decision 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 on implementing the Dublin Regulation in this country (establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland). MEPs approved one single amendment to the proposal of a legal nature. They believe that this agreement requires the assent , and not merely a consultation , of the European Parliament. Therefore, they are amending the legal basis of the proposal and indicate that they reserve the right to defend the prerogatives as conferred by the Treaty to the European Parliament in this matter.
  • date: 2008-06-09T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-247&language=EN title: A6-0247/2008
  • date: 2008-07-08T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=15184&l=en title: Results of vote in Parliament
  • date: 2008-07-08T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-322 title: T6-0322/2008 summary: The European Parliament adopted, by 621 votes to 13 with 50 abstentions under the consultation procedure, a legislative resolution approving the proposal for a Council decision 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 on implementing the Dublin Regulation in this country (establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland). The report had been tabled for consideration in plenary by Ewa KLAMT (EPP-ED, DE) on behalf of the Committee on Civil Liberties, Justice and Home Affairs. Parliament adopted one amendment to the proposal, indicating that the agreement requires the assent, and not merely a consultation, of the European Parliament. Therefore, they amended the legal basis of the proposal and indicated that they reserve the right to defend the prerogatives as conferred by the Treaty to the European Parliament in this matter.
  • date: 2010-04-26T00:00:00 type: Amended legislative proposal for reconsultation published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6242%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06242/2010 summary: By this Decision, the European Parliament has been once again been consulted on the proposal for a Council Decision 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. To recall, on 27 February 2006, negotiations with Liechtenstein and Switzerland on the conclusion on the protocol were finalised. In accordance with a Council Decision, the Protocol was signed on behalf of the European Union on 28 February 2008, subject to its conclusion at a later date. 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. It is therefore necessary to approve the protocol on behalf of the European Union on the basis of the new legal basis set out in the Treaty on the Functioning of the European Union (TFEU). A new provision has been included stipulating that 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". New territorial provisions have also been laid down. The European Parliament’s consent is also required.
  • date: 2010-05-28T00:00:00 type: Formal reconsultation of Parliament body: EP/CSL
  • date: 2011-01-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report drafted by Monika HOHLMEIER (EPP, DE) recommending the European Parliament to give its consent to the conclusion of a Protocol between the European Union, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland.
  • date: 2011-02-01T00:00:00 type: Committee report tabled for plenary, reconsultation body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-13&language=EN title: A7-0013/2011
  • date: 2011-02-15T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-48 title: T7-0048/2011 summary: The European Parliament adopted a legislative resolution in which its gives its consent to the conclusion of a Protocol between the European Union, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland.
  • date: 2011-03-07T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2011-03-07T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2011-06-18T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude a Protocol between the European Community, Switzerland and Liechtenstein allowing Liechtenstein to accede to the Agreement between the Community and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (Dublin/EURODAC). NON-LEGISLATIVE ACT: Council Decision 2011/351/EC 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. BACKGROUND: 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 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, have been finalised. The protocol was signed on behalf of the European Community on 28 February 2008, subject to its final conclusion at a later date. It is now necessary to approve the Protocol on behalf of the EU (which replaced the "European Community" following the entry into force of the Treaty of Lisbon on 1 December 2009). CONTENT: with this Decision, the Protocol between the European Community, Switzerland and Liechtenstein on the accession of Liechtenstein to the Agreement between the European Community and Switzerland 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. To recall, 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 (Dublin/Eurodac agreement with Switzerland) (see CNS/2004/0200 ). That Agreement anticipated Liechtenstein's possible association with Switzerland on the Dublin/Eurodac acquis. The purpose of this Decision is to formally conclude this Agreement. The final content of the Protocol can be summarised as follows: Liechtenstein accedes to the Dublin/Eurodac agreement with Switzerland and will have to accept the entire Dublin/Eurodac acquis and the development thereof. If Liechtenstein does not accept future developments of the Dublin/Eurodac acquis, the Protocol will cease to operate. Liechtenstein will become a member of the Mixed Committee and will have the right to express its opinion within the Mixed Committee and to preside it. The putting into effect of the Dublin/Eurodac Protocol is linked to the putting into effect of the Schengen Protocol (see CNS/2006/0251 ), as well as to the putting into effect of the Protocol between the European Community, Switzerland and Liechtenstein on the participation of Denmark (see CNS/2006/0257 ) and of the Agreement between Liechtenstein and Norway and Iceland on Dublin/Eurodac. Specific provisions are laid down for Liechtenstein concerning the time period needed for the implementation of a development of the Dublin/Eurodac acquis, in case constitutional requirements need to be fulfilled by Liechtenstein (18 months) and the financial contribution that Liechtenstein, like Switzerland, has to pay for administrative and operating costs associated with the setting up and operation of the Eurodac central unit. For Liechtenstein, this amounts to 0.071% of the initial costs of EUR 11 675 000 and from budget year 2004 onwards to an annual contribution of 0.071% of the corresponding budgetary appropriations for the financial year in question. Consequently, there are no financial implications for the EU resulting from Liechtenstein's association with the Dublin/Eurodac acquis. Territorial measures : according to relevant provisions of the Treaty, the United Kingdom and Ireland shall both participate in the adoption and implementation of this Decision. For its part, Denmark shall not participate in the adoption of this Decision and is not bound by or subject to its application. DATE OF IMPLEMENTATION: the Decision shall enter into force on 7 March 2011. The Protocol shall enter into force on 1 April 2011. docs: title: Decision 2011/351 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011D0351 title: OJ L 160 18.06.2011, p. 0037 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:160:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: MALMSTRÖM Cecilia
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
LIBE/6/43492;LIBE/7/03066
New
  • LIBE/6/43492
  • LIBE/7/03066
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011D0351
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011D0351
procedure/instrument
Old
Decision
New
  • Decision
  • See also 2004/0200(CNS)
procedure/subject
Old
  • 6.40.11 Relations with industrialised countries
  • 7.10.06 Asylum, refugees, displaced persons
New
6.40.11
Relations with industrialised countries
7.10.06
Asylum, refugees, displaced persons; Asylum, Migration and Integration Fund (AMIF)
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2006-12-04T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0754/COM_COM(2006)0754_EN.pdf celexid: CELEX:52006PC0754(02):EN type: Legislative proposal published title: COM(2006)0754 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: MALMSTRÖM Cecilia
  • date: 2008-02-28T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2853
  • date: 2008-03-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: None committee: JURI date: 2007-02-26T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel body: EP responsible: True committee: LIBE date: 2009-09-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: HOHLMEIER Monika body: EP responsible: True committee: LIBE date: 2006-12-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: KLAMT Ewa
  • date: 2008-05-29T00:00:00 body: EP committees: body: EP responsible: None committee: JURI date: 2007-02-26T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel body: EP responsible: True committee: LIBE date: 2009-09-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: HOHLMEIER Monika body: EP responsible: True committee: LIBE date: 2006-12-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: KLAMT Ewa type: Vote in committee, 1st reading/single reading
  • date: 2008-06-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-247&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0247/2008 body: EP committees: body: EP responsible: None committee: JURI date: 2007-02-26T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel body: EP responsible: True committee: LIBE date: 2009-09-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: HOHLMEIER Monika body: EP responsible: True committee: LIBE date: 2006-12-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: KLAMT Ewa type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2008-07-08T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=15184&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-322 type: Decision by Parliament, 1st reading/single reading title: T6-0322/2008 body: EP type: Results of vote in Parliament
  • date: 2008-10-24T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 2899
  • date: 2010-04-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6242%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Amended legislative proposal for reconsultation published title: 06242/2010 type: Amended legislative proposal for reconsultation published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: MALMSTRÖM Cecilia
  • date: 2010-05-28T00:00:00 body: EP/CSL type: Formal reconsultation of Parliament
  • date: 2011-01-26T00:00:00 body: EP committees: body: EP responsible: None committee: JURI date: 2007-02-26T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel body: EP responsible: True committee: LIBE date: 2009-09-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: HOHLMEIER Monika body: EP responsible: True committee: LIBE date: 2006-12-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: KLAMT Ewa type: Vote in committee, 1st reading/single reading
  • date: 2011-02-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-13&language=EN type: Committee report tabled for plenary, reconsultation title: A7-0013/2011 body: unknown type: Committee report tabled for plenary, reconsultation
  • date: 2011-02-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-48 type: Decision by Parliament, 1st reading/single reading title: T7-0048/2011 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2011-03-07T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3073
  • date: 2011-03-07T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2011-03-07T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2011-06-18T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011D0351 title: Decision 2011/351 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:160:TOC title: OJ L 160 18.06.2011, p. 0037
committees
  • body: EP responsible: None committee: JURI date: 2007-02-26T00:00:00 committee_full: Legal Affairs rapporteur: group: PSE name: MEDINA ORTEGA Manuel
  • body: EP responsible: True committee: LIBE date: 2009-09-02T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: HOHLMEIER Monika
  • body: EP responsible: True committee: LIBE date: 2006-12-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE-DE name: KLAMT Ewa
links
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: MALMSTRÖM Cecilia
procedure
dossier_of_the_committee
LIBE/6/43492;LIBE/7/03066
geographical_area
reference
2006/0252(NLE)
instrument
Decision
legal_basis
stage_reached
Procedure completed
subtype
Consent by Parliament
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
EC/Switzerland/Liechtenstein agreement: protocol on the accession of Liechtenstein to the EC/Switzerland agreement on the criteria to determine the state responsible for the examination of an asylum application. Dublin Convention on Eurodac
type
NLE - Non-legislative enactments
final
subject