REPORT on the proposal for a Council decision on the conclusion of a Protocol between the European Community, Switzerland and 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, in Switzerland or Liechtenstein

18.6.2008 - (COM(2006)0753 – C6‑0091/2008 – 2006/0257(CNS)) - *

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Ewa Klamt

Errata/Addenda

• ERR01 (PDF - 104 KB)
• ERR01 (DOC - 59 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision on the conclusion of a Protocol between the European Community, Switzerland and 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, in Switzerland or Liechtenstein

(COM(2006)0753 – C6‑0091/2008 – 2006/0257(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2006)0753),

–   having regard to the protocol between the European Community, Switzerland and 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, in Switzerland or Liechtenstein,

–   having regard to Article 63(1)(a) and Article 300(2), first subparagraph, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6‑0091/2008),

–   having regard to Rules 51, 83(7) and 35 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6‑0261/2008),

1.  Approves the proposal for a Council decision as amended and approves the conclusion of the protocol;

2.  Reserves the right to defend its prerogatives as conferred by the Treaty;

3.  Instructs its President to forward its position to the Council, the Commission, the governments and parliaments of the Member States, the government and parliaments of the Swiss Confederation and the government and parliament of the Principality of Liechtenstein.

Amendment  1 Proposal for a Council decision Citation 1
Text proposed by the Commission	Amendment
Having regard to the Treaty establishing the European Community, and in particular Article 63(1)(a) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,	Having regard to the Treaty establishing the European Community, and in particular Article 63(1)(a) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
Amendment  2 Proposal for a Council decision Citation 3
Text proposed by the Commission	Amendment
Having regard to the opinion of the European Parliament,	Having regard to the assent of the European Parliament,

EXPLANATORY STATEMENT

1. The Protocol to the Dublin/Eurodac Agreement concerning participation of Denmark with Switzerland and Liechtenstein

The purpose of this protocol is to establish participation of Denmark in the Dublin/Eurodac Agreement in relation to Switzerland and Liechtenstein.

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty of the European Union and the Treaty establishing the European Community, Denmark is not participating in the Dublin Regulation[1] and the Eurodac Regulation[2].

The Dublin/Eurodac agreement with Switzerland provides for the possibility that Denmark may ask to participate. In that event, the Agreement provides that the contracting parties, with the consent of Denmark, set out the conditions for Denmark's participation in a protocol to the Agreement.

By letter dated 8 November 2004, the Kingdom of Denmark asked to participate in the Dublin/Eurodac Agreement with Switzerland. As Liechtenstein will now accede to this Agreement, it is appropriate that the participation of Denmark should be established in relation to both Switzerland and Liechtenstein.

The Protocol makes the Dublin and Eurodac regulations and their implementing rules applicable to the relations between Denmark on the one hand and Switzerland and Liechtenstein on the other. It also renders future amendments or new implementing measures applicable to these relations.

The Commission proposes to adopt the Protocol based on Articles 63(1)a of the Treaty establishing the European Community. The European Parliament is consulted on the conclusion of the Protocol in accordance with the first subparagraph of Article 300(3)).

2. Position of the rapporteur

The rapporteur supports the conclusion of the Protocol. However, the rapporteur considers that the European Parliament should in future be more closely informed about ongoing international negotiations in order to be able to exercise its competences.

• [1]  Council Regulation (EC) N° 343/2003 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.
• [2]  Council Regulation (EC) N° 2725/2000 concerning the establishment of “Eurodac” for the comparison of fingerprints for the effective application of the Dublin Convention .

PROCEDURE

Title	Protocol between the EC, Switzerland and Liechtenstein to the Agreement between the EC and Switzerland concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State, in Switzerland or Liechtenstein
References	COM(2006)0753 – C6-0091/2008 – 2006/0257(CNS)
Date of consulting Parliament	28.2.2008
Committee responsible        Date announced in plenary	LIBE 13.3.2008
Committee(s) asked for opinion(s)        Date announced in plenary	AFET 13.3.2008
Not delivering opinions        Date of decision	AFET 27.2.2007
Rapporteur(s)        Date appointed	Ewa Klamt 19.12.2006
Discussed in committee	28.2.2007		28.2.2007		6.5.2008		29.5.2008
Date adopted	29.5.2008
Result of final vote	+: –: 0:	38 0 2
Members present for the final vote	Alexander Alvaro, Emine Bozkurt, Philip Bradbourn, Mihael Brejc, Kathalijne Maria Buitenweg, Michael Cashman, Giusto Catania, Jean-Marie Cavada, Carlos Coelho, Panayiotis Demetriou, Gérard Deprez, Agustín Díaz de Mera García Consuegra, Bárbara Dührkop Dührkop, Claudio Fava, Armando França, Urszula Gacek, Patrick Gaubert, Jeanine Hennis-Plasschaert, Lívia Járóka, Ewa Klamt, Stavros Lambrinidis, Henrik Lax, Roselyne Lefrançois, Claude Moraes, Martine Roure, Csaba Sógor, Manfred Weber, Tatjana Ždanoka
Substitute(s) present for the final vote	Edit Bauer, Simon Busuttil, Evelyne Gebhardt, Genowefa Grabowska, Sophia in ‘t Veld, Syed Kamall, Sylvia-Yvonne Kaufmann, Marian-Jean Marinescu, Marianne Mikko, Bill Newton Dunn, Nicolae Vlad Popa
Substitute(s) under Rule 178(2) present for the final vote	Manolis Mavrommatis