Protocol to the Agreement between the European Union and Denmark on the criteria and mechanisms for establishing the state responsible for examining a request for asylum, regarding access to Eurodac for law enforcement purposes

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Series Details L 138
Publication Date 24/05/2019
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Summary:

Protocol to the 2006 Agreement between the European Union and Denmark concerning the criteria and mechanisms for establishing the state responsible for examining a request for asylum and Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention.

Background and further information:

Regulation (EU) No 603/2013 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention was adopted and entered into force in July 2013. The Regulation allows, inter alia, for the consultation of Eurodac by law enforcement authorities for the purpose of prevention, detection and investigation of terrorist offences and other serious criminal offences. Denmark already applies the asylum elements of the Regulation in line with the 2006 Agreement. However, the law enforcement access to Eurodac falls outside the scope of the Agreement.

In May 2014 Denmark, Switzerland, Liechtenstein, Norway and Iceland confirmed their interest in entering into negotiations with the European Union to extend the law enforcement provisions of Regulation (EU) No 603/2013 to them via an international agreement. Negotiations with Denmark were opened in December 2015 and a Protocol to the 2006 Agreement was initialled on 11 December 2017. The objective of the Protocol is to establish legally binding rights and obligations to ensure the effective participation of Denmark in the law enforcement elements of the Regulation.

In December 2018 the European Commission presented proposals on the signing and conclusion of the Protocol. The signing was approved on 7 March 2019 by Council Decision (EU) 2019/395 and the signature took place on 27 March. The conclusion of the Protocol was approved on 13 May by Council Decision (EU) 2019/836.

Source Link https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.138.01.0005.01.ENG
Related Link(s)
EUR-Lex: Official Journal, L71, 13/03/2019: Decision (EU) 2019/395 on the signing of the Protocol to the Agreement between the European Union and Denmark on the criteria and mechanisms for establishing the state responsible for examining a request for asylum, regarding access to Eurodac for law enforcement purposes https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.071.01.0009.01.ENG
EUR-Lex: Official Journal, L138, 24/05/2019: Decision (EU) 2019/836 on the conclusion of the Protocol to the Agreement between the European Union and Denmark on the criteria and mechanisms for establishing the state responsible for examining a request for asylum, regarding access to Eurodac for law enforcement purposes https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2019.138.01.0003.01.ENG

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