BETA


2018/0423(NLE) EC/Denmark Agreement on the establishment of the State responsible for examining a request for asylum and 'Eurodac' for the comparison of fingerprints for law enforcement purposes. Protocol

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE CORRAO Ignazio (icon: EFDD EFDD) METSOLA Roberta (icon: PPE PPE), BEŇOVÁ Monika (icon: S&D S&D), BJÖRK Malin (icon: GUE/NGL GUE/NGL), SARGENTINI Judith (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
TFEU 087-p2, TFEU 088-p2-a1, TFEU 218-p6a

Events

2019/05/24
   Final act published in Official Journal
Details

PURPOSE: to enable Denmark to participate in the law enforcement aspects of Eurodac in order to strengthen police cooperation between the competent authorities of the Member States and those of Denmark for the purpose of the prevention, detection and investigation of terrorist offences and other serious criminal offences.

NON-LEGISLATIVE ACT: Council Decision (EU) 2019/836 on the conclusion of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes.

CONTENT: the Council decided to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and Denmark concerning the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged by a third-country national in Denmark or any other Member State of the European Union and the 'Eurodac' system for the comparison of fingerprints for the effective application of the Dublin Convention concerning access to Eurodac for law enforcement purposes.

The Protocol was signed on 27 March 2019, subject to its conclusion at a later date. It enables the extension to Denmark of the application of the provisions governing access for law enforcement purposes of the Eurodac Regulation ( Regulation (EU) No 603/2013 ).

In concrete terms, the protocol:

- shall allow Danish law enforcement authorities to request the comparison of fingerprint data with those entered by other participating States and stored in the Eurodac database, when attempting to establish the identity of a terrorist suspect or a serious crime suspect, or a victim, or to obtain more information about that person;

- shall allow law enforcement authorities of all other participating States, whether other Member States of the Union or associated countries, to request the comparison of fingerprint data with those entered by Denmark and stored in the Eurodac database for the same purpose.

ENTRY INTO FORCE: 25.5.2019.

2019/05/13
   EP/CSL - Act adopted by Council after consultation of Parliament
2019/05/13
   EP - End of procedure in Parliament
2019/05/13
   CSL - Council Meeting
2019/04/17
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 588 votes to 52, with 17 abstentions, a legislative resolution on the draft Council decision on the conclusion of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes.

The European Parliament gave its consent to the conclusion of the protocol.

Documents
2019/04/11
   EP - Vote in committee, 1st reading/single reading
2019/04/11
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Ignazio CORRAO (EFDD, IT) on the draft Council decision on the conclusion of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes.

The committee recommended that the European Parliament give its consent to the conclusion of the protocol.

It is recalled that on 8 March 2006, the Agreement between the European Community and the Kingdom of Denmark concerning the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged by a third-country national in Denmark or any other Member State of the European Union and the 'Eurodac' system for the comparison of fingerprints for the effective application of the Dublin Convention was concluded. However, access to Eurodac for law enforcement purposes does not fall within the scope of that agreement.

The negotiations on an agreement between the European Union and Denmark on the modalities of the participation by Denmark to the procedure for comparison and data transmission for law enforcement purposes foreseen in chapter VI of the ‘recast’ Eurodac Regulation (recast) ( EU Regulation No 603/2013 ) have been finalised and an Agreement in the form of a Protocol to the abovementioned Agreement of 8 March 2006 was initialled.

The extension, in Denmark, of the application of the provisions governing access for law enforcement purposes of the Eurodac Regulation:

- it would enable the law enforcement authorities of Denmark to request a comparison of fingerprint data against the data entered by other participating States and stored in the Eurodac database when they seek to establish the identity or get further information concerning a person who is suspected of a serious crime or terrorism or concerning a victim;

- it would enable the law enforcement authorities of all other participating States, whether other EU Member States or Associates Countries, to request a comparison of fingerprint data against the data entered by Denmark and stored in the Eurodac database, for the same purposes.

Documents
2019/04/03
   EP - Committee referral announced in Parliament, 1st reading/single reading
2019/02/27
   CSL - Document attached to the procedure
Details

Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes.

The objective of the present Protocol is to establish legally binding rights and obligations to ensure the effective participation of Denmark in the law enforcement elements of the Regulation (EU) No. 603/2013 .

In concrete terms, the Protocol:

- enables the designated law enforcement authorities of the other participating States and Europol to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by Denmark when trying to establish the identity of, or obtain more information on, a terrorist or serious crime suspect;

- enables the designated law enforcement authorities of Denmark to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by the other participating States;

- guarantees that the current EU level of protection of personal data is applicable to the processing of personal data pursuant to the Protocol by the authorities of Denmark and of the Member States;

- conditions the access to Eurodac for law enforcement purposes by Denmark by prior legal and technical implementation of Decision 2008/615/JHA with regard to dactyloscopic data.

The Protocol provides that the mechanisms regarding amendments provided for in the Agreement of 8 March 2006 should apply to all amendments regarding the access to Eurodac for law enforcement purposes.

Documents
2019/02/27
   EC - Legislative proposal published
Details

PURPOSE: to enable Denmark to participate in the law enforcement access components of Eurodac in order to support and strengthen police cooperation between the competent authorities of the Member States and those of Denmark for the prevention, detection and investigation of terrorist offences and other serious criminal offences.

PROPOSED ACT: Council decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: in accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark does not take part in the adoption of Title V acquis and therefore does not participate in the Regulation (EU) No. 603/2013 , which allows law enforcement authorities to consult Eurodac for the purpose of preventing, detecting and investigating terrorist offences and other serious criminal offences.

On 8 March 2006, the Agreement between the European Community and Denmark concerning the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged by a third-country national in Denmark or any other Member State of the European Union and the 'Eurodac' system for the comparison of fingerprints for the effective application of the Dublin Convention was concluded. However, access to Eurodac for law enforcement purposes does not fall within the scope of that agreement.

At a meeting on 14 May 2014 with representatives of the Commission, Denmark and the associated countries confirmed their interest in entering into negotiations with the European Union to extend the law enforcement provisions of the Regulation (EU) No. 603/2013 to them via an international agreement.

The negotiations have been finalised and an Agreement in the form of a Protocol to the Agreement of 8 March 2006, extending the application of the Agreement of 8 March 2006 to law enforcement was initialled.

CONTENT: the draft Council Decision aims to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention, extending that agreement to law enforcement.

The Protocol establishes the application of Regulation (EU) No 603/2013 to Denmark regarding access to Eurodac for law enforcement purposes.

The Protocol:

- enables the designated law enforcement authorities of the other participating States and Europol to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by Denmark when trying to establish the identity of, or obtain more information on, a terrorist or serious crime suspect;;

- enables the designated law enforcement authorities of Denmark to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by the other participating States;

- guarantees that the current EU level of protection of personal data is applicable to the processing of personal data pursuant to the Protocol by the authorities of Denmark and of the Member States;

- conditions the access to Eurodac for law enforcement purposes by Denmark by prior legal and technical implementation of Decision 2008/615/JHA with regard to dactyloscopic data.

The Protocol provides that the mechanisms regarding amendments provided for in the Agreement of 8 March 2006 should apply to all amendments regarding the access to Eurodac for law enforcement purposes.

Documents
2019/02/20
   EP - Committee draft report
Documents
2019/02/07
   EP - CORRAO Ignazio (EFDD) appointed as rapporteur in LIBE
2018/12/14
   EC - Preparatory document
2018/12/14
   EP - Preparatory document

Documents

Votes

A8-0196/2019 - Ignazio Corrao - procédure d'approbation 17/04/2019 12:48:14.000

2019/04/17 Outcome: +: 588, -: 52, 0: 17
DE FR IT GB PL ES RO BE CZ AT NL HU BG SE FI HR DK PT SK LT LV SI LU MT EE IE CY EL
Total
93
70
55
56
46
48
28
21
21
17
26
16
14
18
11
11
11
19
11
8
8
8
6
6
4
9
1
13
icon: PPE PPE
187

United Kingdom PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
168

Netherlands S&D

3

Croatia S&D

2
3

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1

Greece S&D

1
icon: ECR ECR
67

Romania ECR

2

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2

Sweden ECR

2

Finland ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

2

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

Against (1)

1
icon: ALDE ALDE
61

Italy ALDE

For (1)

1

Romania ALDE

3

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

2

Denmark ALDE

2

Portugal ALDE

1

Lithuania ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

For (1)

1

Ireland ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Sweden Verts/ALE

3

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
30

Germany EFDD

For (1)

1

Czechia EFDD

Abstain (1)

1
icon: ENF ENF
32

Germany ENF

For (1)

1

United Kingdom ENF

2

Poland ENF

2

Belgium ENF

For (1)

1

Netherlands ENF

4
icon: NI NI
15

Germany NI

For (1)

Against (1)

2

France NI

Against (1)

3
icon: GUE/NGL GUE/NGL
46

Italy GUE/NGL

2

United Kingdom GUE/NGL

Against (1)

1

Netherlands GUE/NGL

Against (1)

3

Sweden GUE/NGL

Against (1)

1

Denmark GUE/NGL

For (1)

1
4

Cyprus GUE/NGL

Against (1)

1

A8-0196/2019 - Ignazio Corrao - procédure d'approbation

2019/04/17 Outcome: +: 588, -: 52, 0: 17
DE FR IT GB PL ES RO BE CZ AT NL HU BG SE FI HR DK PT SK LT LV SI LU MT EE IE CY EL
Total
93
71
55
56
46
47
28
21
21
17
26
16
14
17
11
11
11
19
11
8
8
8
6
6
4
9
1
13
icon: PPE PPE
187

United Kingdom PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
169

Netherlands S&D

3

Croatia S&D

2
3

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1

Greece S&D

1
icon: ECR ECR
67

Romania ECR

2

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

2

Sweden ECR

2

Finland ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

2

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

Against (1)

1
icon: ALDE ALDE
60

Italy ALDE

For (1)

1

Romania ALDE

3

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Croatia ALDE

2

Denmark ALDE

2

Portugal ALDE

1

Lithuania ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

For (1)

1

Ireland ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
47

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Sweden Verts/ALE

2

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
30

Germany EFDD

For (1)

1

Czechia EFDD

Abstain (1)

1
icon: ENF ENF
33

Germany ENF

For (1)

1

United Kingdom ENF

2

Poland ENF

2

Belgium ENF

For (1)

1

Netherlands ENF

4
icon: NI NI
15

Germany NI

For (1)

Against (1)

2

France NI

Against (1)

3
icon: GUE/NGL GUE/NGL
46

Italy GUE/NGL

2

United Kingdom GUE/NGL

Against (1)

1

Netherlands GUE/NGL

Against (1)

3

Sweden GUE/NGL

Against (1)

1

Denmark GUE/NGL

For (1)

1
4

Cyprus GUE/NGL

Against (1)

1

History

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

docs/0/type
Old
Initial legislative proposal
New
Preparatory document
events/0
date
2018-12-14T00:00:00
type
Preparatory document
body
EP
docs
events/0
date
2018-12-14T00:00:00
type
Initial legislative proposal published
body
EC
docs
events/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2019-0196&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2019-0196_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0394
New
http://www.europarl.europa.eu/doceo/document/TA-8-2019-0394_EN.html
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: CORRAO Ignazio date: 2019-02-07T00:00:00 group: Europe of Freedom and Direct Democracy abbr: EFDD
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2019-02-07T00:00:00
rapporteur
name: CORRAO Ignazio group: Europe of Freedom and Direct Democracy abbr: EFDD
shadows
events/8/summary
  • PURPOSE: to enable Denmark to participate in the law enforcement aspects of Eurodac in order to strengthen police cooperation between the competent authorities of the Member States and those of Denmark for the purpose of the prevention, detection and investigation of terrorist offences and other serious criminal offences.
  • NON-LEGISLATIVE ACT: Council Decision (EU) 2019/836 on the conclusion of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes.
  • CONTENT: the Council decided to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and Denmark concerning the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged by a third-country national in Denmark or any other Member State of the European Union and the 'Eurodac' system for the comparison of fingerprints for the effective application of the Dublin Convention concerning access to Eurodac for law enforcement purposes.
  • The Protocol was signed on 27 March 2019, subject to its conclusion at a later date. It enables the extension to Denmark of the application of the provisions governing access for law enforcement purposes of the Eurodac Regulation ( Regulation (EU) No 603/2013 ).
  • In concrete terms, the protocol:
  • - shall allow Danish law enforcement authorities to request the comparison of fingerprint data with those entered by other participating States and stored in the Eurodac database, when attempting to establish the identity of a terrorist suspect or a serious crime suspect, or a victim, or to obtain more information about that person;
  • - shall allow law enforcement authorities of all other participating States, whether other Member States of the Union or associated countries, to request the comparison of fingerprint data with those entered by Denmark and stored in the Eurodac database for the same purpose.
  • ENTRY INTO FORCE: 25.5.2019.
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2019-02-07T00:00:00
rapporteur
name: CORRAO Ignazio group: Europe of Freedom and Direct Democracy abbr: EFDD
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2019-02-07T00:00:00
rapporteur
name: CORRAO Ignazio group: Europe of Freedom and Direct Democracy abbr: EFDD
shadows
commission
  • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
committees
  • type: Responsible Committee body: EP associated: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE date: 2019-02-07T00:00:00 rapporteur: name: CORRAO Ignazio group: Europe of Freedom and Direct Democracy abbr: EFDD shadows: name: METSOLA Roberta group: Group of European People's Party abbr: EPP name: BEŇOVÁ Monika group: Progressive Alliance of Socialists and Democrats abbr: S&D name: BJÖRK Malin group: European United Left - Nordic Green Left abbr: GUE/NGL name: SARGENTINI Judith group: Greens/European Free Alliance abbr: Verts/ALE
council
  • body: CSL type: Council Meeting council: Foreign Affairs meeting_id: 3688 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=3688*&MEET_DATE=13/05/2019 date: 2019-05-13T00:00:00
docs
  • date: 2018-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0835/COM_COM(2018)0835_EN.pdf title: COM(2018)0835 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0835 title: EUR-Lex type: Initial legislative proposal body: EC
  • date: 2019-02-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE634.718 title: PE634.718 type: Committee draft report body: EP
  • date: 2019-02-27T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=15823%2F18&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 15823/2018 summary: Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes. The objective of the present Protocol is to establish legally binding rights and obligations to ensure the effective participation of Denmark in the law enforcement elements of the Regulation (EU) No. 603/2013 . In concrete terms, the Protocol: - enables the designated law enforcement authorities of the other participating States and Europol to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by Denmark when trying to establish the identity of, or obtain more information on, a terrorist or serious crime suspect; - enables the designated law enforcement authorities of Denmark to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by the other participating States; - guarantees that the current EU level of protection of personal data is applicable to the processing of personal data pursuant to the Protocol by the authorities of Denmark and of the Member States; - conditions the access to Eurodac for law enforcement purposes by Denmark by prior legal and technical implementation of Decision 2008/615/JHA with regard to dactyloscopic data. The Protocol provides that the mechanisms regarding amendments provided for in the Agreement of 8 March 2006 should apply to all amendments regarding the access to Eurodac for law enforcement purposes. type: Document attached to the procedure body: CSL
events
  • date: 2018-12-14T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0835/COM_COM(2018)0835_EN.pdf title: COM(2018)0835 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0835 title: EUR-Lex
  • date: 2019-02-27T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=15822%2F18&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 15822/2018 summary: PURPOSE: to enable Denmark to participate in the law enforcement access components of Eurodac in order to support and strengthen police cooperation between the competent authorities of the Member States and those of Denmark for the prevention, detection and investigation of terrorist offences and other serious criminal offences. PROPOSED ACT: Council decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: in accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark does not take part in the adoption of Title V acquis and therefore does not participate in the Regulation (EU) No. 603/2013 , which allows law enforcement authorities to consult Eurodac for the purpose of preventing, detecting and investigating terrorist offences and other serious criminal offences. On 8 March 2006, the Agreement between the European Community and Denmark concerning the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged by a third-country national in Denmark or any other Member State of the European Union and the 'Eurodac' system for the comparison of fingerprints for the effective application of the Dublin Convention was concluded. However, access to Eurodac for law enforcement purposes does not fall within the scope of that agreement. At a meeting on 14 May 2014 with representatives of the Commission, Denmark and the associated countries confirmed their interest in entering into negotiations with the European Union to extend the law enforcement provisions of the Regulation (EU) No. 603/2013 to them via an international agreement. The negotiations have been finalised and an Agreement in the form of a Protocol to the Agreement of 8 March 2006, extending the application of the Agreement of 8 March 2006 to law enforcement was initialled. CONTENT: the draft Council Decision aims to approve, on behalf of the Union, the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention, extending that agreement to law enforcement. The Protocol establishes the application of Regulation (EU) No 603/2013 to Denmark regarding access to Eurodac for law enforcement purposes. The Protocol: - enables the designated law enforcement authorities of the other participating States and Europol to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by Denmark when trying to establish the identity of, or obtain more information on, a terrorist or serious crime suspect;; - enables the designated law enforcement authorities of Denmark to request a comparison of fingerprint data against the data transmitted to the Eurodac Central System by the other participating States; - guarantees that the current EU level of protection of personal data is applicable to the processing of personal data pursuant to the Protocol by the authorities of Denmark and of the Member States; - conditions the access to Eurodac for law enforcement purposes by Denmark by prior legal and technical implementation of Decision 2008/615/JHA with regard to dactyloscopic data. The Protocol provides that the mechanisms regarding amendments provided for in the Agreement of 8 March 2006 should apply to all amendments regarding the access to Eurodac for law enforcement purposes.
  • date: 2019-04-03T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2019-04-11T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2019-04-11T00:00:00 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=A8-2019-0196&language=EN title: A8-0196/2019 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Ignazio CORRAO (EFDD, IT) on the draft Council decision on the conclusion of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes. The committee recommended that the European Parliament give its consent to the conclusion of the protocol. It is recalled that on 8 March 2006, the Agreement between the European Community and the Kingdom of Denmark concerning the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged by a third-country national in Denmark or any other Member State of the European Union and the 'Eurodac' system for the comparison of fingerprints for the effective application of the Dublin Convention was concluded. However, access to Eurodac for law enforcement purposes does not fall within the scope of that agreement. The negotiations on an agreement between the European Union and Denmark on the modalities of the participation by Denmark to the procedure for comparison and data transmission for law enforcement purposes foreseen in chapter VI of the ‘recast’ Eurodac Regulation (recast) ( EU Regulation No 603/2013 ) have been finalised and an Agreement in the form of a Protocol to the abovementioned Agreement of 8 March 2006 was initialled. The extension, in Denmark, of the application of the provisions governing access for law enforcement purposes of the Eurodac Regulation: - it would enable the law enforcement authorities of Denmark to request a comparison of fingerprint data against the data entered by other participating States and stored in the Eurodac database when they seek to establish the identity or get further information concerning a person who is suspected of a serious crime or terrorism or concerning a victim; - it would enable the law enforcement authorities of all other participating States, whether other EU Member States or Associates Countries, to request a comparison of fingerprint data against the data entered by Denmark and stored in the Eurodac database, for the same purposes.
  • date: 2019-04-17T00:00:00 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=P8-TA-2019-0394 title: T8-0394/2019 summary: The European Parliament adopted by 588 votes to 52, with 17 abstentions, a legislative resolution on the draft Council decision on the conclusion of the Protocol to the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and "Eurodac" for the comparison of fingerprints for the effective application of the Dublin Convention regarding access to Eurodac for law enforcement purposes. The European Parliament gave its consent to the conclusion of the protocol.
  • date: 2019-05-13T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2019-05-13T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2019-05-24T00:00:00 type: Final act published in Official Journal docs: title: Decision 2019/836 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019D0836 title: OJ L 138 24.05.2019, p. 0003 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:138:TOC
procedure
reference
2018/0423(NLE)
title
EC/Denmark Agreement on the establishment of the State responsible for examining a request for asylum and 'Eurodac' for the comparison of fingerprints for law enforcement purposes. Protocol
subject
geographical_area
Denmark
type
NLE - Non-legislative enactments
subtype
Consent by Parliament
legal_basis
Modified legal basis
Rules of Procedure EP 159
stage_reached
Procedure completed
dossier_of_the_committee
LIBE/8/15224
final