CONSIDERING 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 (2);

CONSIDERING that it is therefore necessary to fix the conditions whereby Denmark participates in the Agreement between the European Community and Switzerland, to which Liechtenstein has acceded, and that in particular it is necessary to establish rights and obligations between Switzerland, Liechtenstein and Denmark;

NOTING that the entry into force of this Protocol is based on the consent of Denmark, in accordance with its constitutional requirements,

HAVE AGREED AS FOLLOWS:

The Kingdom of Denmark shall participate in 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) to which the Principality of Liechtenstein has acceded by a Protocol to that Agreement (hereinafter referred to as the Liechtenstein Protocol) in accordance with Article 15 of the Agreement, under the conditions set out in 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 (hereinafter referred to as the Agreement between the European Community and Denmark) and the present Protocol.

1.   The provisions of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (3) (Dublin Regulation), which is annexed to this Protocol and forms part thereof, together with its implementing measures adopted pursuant to Article 27(2) of the ‘Dublin Regulation’ shall, under international law, apply to the relations between Denmark on the one hand, and Switzerland and Liechtenstein on the other hand.

2.   The provisions of Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (4) (Eurodac Regulation), which is annexed to this Protocol and forms part thereof, together with its implementing measures adopted pursuant to Articles 22 or 23(2) of the ‘Eurodac Regulation’ shall, under international law, apply to the relations between Denmark on the one hand, and Switzerland and Liechtenstein on the other hand.

3.   Amendments to the Acts referred to in paragraphs 1 and 2 which are notified by Denmark to the Commission in accordance with Article 3 of the Agreement between the European Community and Denmark and which are notified by Switzerland and Liechtenstein to the Commission in accordance respectively with Article 4 of the Agreement between the European Community and Switzerland, and Article 5 of the Liechtenstein Protocol shall, under international law, apply to the relations between Denmark on the one hand, and Switzerland and Liechtenstein on the other hand.