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18.6.2011 Official
Journal
of
the
European
Union L
160/37
COUNCIL DECISION
of 7 March 2011
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
(2011/351/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6)
In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and the Treaty on the Functioning of
the European Union, Denmark is not taking part in the
Having regard to the Treaty on the Functioning of the European
adoption of this Decision and is not bound by it or
Union, and in particular Article 78(2)(e), in conjunction with
subject to its application,
Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,
HAS ADOPTED THIS DECISION:
Having regard to the consent of the European Parliament,
Article 1
The Protocol between the European Community, the Swiss
Whereas:
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
(1) Following
the
authorisation
given
to
the
Commission
on State responsible for examining a request for asylum lodged
27 February 2006, negotiations with the Swiss Confed
in a Member State or in Switzerland and the declarations
eration and the Principality of Liechtenstein of a Protocol
annexed thereto are approved on behalf of the European Union.
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
The text of the Protocol, its Final Act and related Declarations
examining a request for asylum lodged in a Member
are attached to this Decision.
State or in Switzerland (hereinafter referred to as ‘the
Protocol’) have been finalised.
Article 2
(2) In
accordance
with
the
Decision
of
the
Council
of
28 February 2008, and subject to its conclusion at a
The President of the Council is hereby authorised to designate
later date, the Protocol was signed on behalf of the
the person empowered to deposit on behalf of the Union the
European Community, on 28 February 2008.
instrument of approval provided for in Article 8(1) of the
Protocol, in order to express the consent of the Union to be
bound, and to make the following notification:
(3)
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.
‘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
(4) The
Protocol
should
be
approved.
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
(5) In
accordance
with
Article
3
of
the
Protocol
on
the
“the European Union”.’
position of the United Kingdom and Ireland in respect
of the Area of Freedom, Security and Justice, annexed to
the Treaty on European Union and the Treaty on the
Functioning of the European Union, these Member
Article 3
States are taking part in the adoption and application
of this Decision.
This Decision shall enter into force on the day of its adoption.

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L 160/38
EN
Official Journal of the European Union
18.6.2011
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 7 March 2011.
For the Council
The President
CZOMBA S.

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