Council Decision (EU) 2019/836 of 13 May 2019 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

What it is

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. 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. 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…

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