1.   The aim of this Agreement is to apply the provisions of Council Regulation (EC) No 343/2003 of 18 February 2003 on the criteria and mechanisms for establishing the Member State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union (Dublin II Regulation), 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 (Eurodac Regulation) and their implementing measures to the relation between the Community and Denmark, in accordance with Article 2(1) and 2(2).

2.   It is the objective of the Contracting Parties to arrive at a uniform application and interpretation of the provisions of the Regulations and their implementing measures in all Member States.

3.   The provisions of Articles 3(1), 4(1) and 5(1) of this Agreement result from the Protocol on the position of Denmark.

1.   The provisions of the Dublin II Regulation which is annexed to this Agreement and forms part thereof, together with its implementing measures adopted pursuant to Article 27(2) of the Dublin II Regulation and — in respect of implementing measures adopted after the entry into force of this Agreement — implemented by Denmark as referred to in Article 4 of this Agreement, shall under international law apply to the relations between the Community and Denmark.

2.   The provisions of the Eurodac Regulation which is annexed to this Agreement and forms part thereof, together with its implementing measures adopted pursuant to Article 22 or 23(2) of the Eurodac Regulation and — in respect of implementing measures adopted after the entry into force of this Agreement — implemented by Denmark as referred to in Article 4 of this Agreement, shall under international law apply to the relations between the Community and Denmark.

3.   The date of entry into force of this Agreement shall apply instead of the date referred to in Article 29 of the Dublin II Regulation, and Article 27 of the Eurodac Regulation.

1.   Denmark shall not take part in the adoption of amendments to the Dublin II Regulation and the Eurodac Regulation and no such amendments shall be binding upon or applicable in Denmark.

2.   Whenever amendments to the Regulations are adopted Denmark shall notify the Commission of its decision whether or not to implement the content of such amendments. Notification shall be given at the time of the adoption of the amendments or within 30 days hereafter.

3.   If Denmark decides that it will implement the content of the amendments the notification shall indicate whether implementation can take place administratively or requires parliamentary approval.

4.   If the notification indicates that implementation can take place administratively the notification shall, moreover, state that all necessary administrative measures enter into force on the date of entry into force of the amendments to the Regulations or have entered into force on the date of the notification, whichever date is the latest.

5.   If the notification indicates that implementation requires parliamentary approval in Denmark the following rules shall apply:

6.   A Danish notification that the content of the amendments have been implemented in Denmark, according to paragraph 4 or 5, creates mutual obligations under international law between Denmark and the Community. The amendments to the Regulations shall then constitute amendments to this Agreement and shall be considered annexed hereto.

7.   In case:

this Agreement shall be considered terminated unless within 90 days the parties decide otherwise or, in the situation referred to under (c), legislative measures in Denmark enter into force within the same period. Termination shall take effect three months after the expiry of the 90-day period.

8.   Requests that have been transmitted in accordance with the Dublin II Regulation before the date of termination of the Agreement as set out in paragraph 7 are not affected hereby.

1.   Denmark shall not take part in the adoption of opinions by the Committee referred to Article 27(2) of the Dublin II Regulation and Article 23(2) of the Eurodac Regulation or in the adoption of implementing measures adopted pursuant to Article 22 of the Eurodac Regulation. Implementing measures adopted pursuant to Article 27(2) of the Dublin II Regulation or pursuant to 23(2) of the Eurodac Regulation and implementing measures adopted pursuant to Article 22 of the Eurodac Regulation shall not be binding upon and shall not be applicable in Denmark.

2.   Whenever implementing measures are adopted pursuant to Article 27(2) of the Dublin II Regulation and pursuant to Article 22 or 23(2) of the Eurodac Regulation, the implementing measures shall be communicated to Denmark. Denmark shall notify the Commission of its decision whether or not to implement the content of the implementing measures. Notification shall be given upon receipt of the implementing measures or within 30 days thereafter.

3.   The notification shall state that all necessary administrative measures in Denmark enter into force on the date of entry into force of the implementing measures or have entered into force on the date of the notification, whichever date is the latest.

4.   A Danish notification that the content of the implementing measures have been implemented in Denmark, creates mutual obligations under international law between Denmark and the Community. The implementing measures will then form part of this Agreement.

5.   In case:

this Agreement shall be considered terminated unless the parties decide otherwise within 90 days. Termination shall take effect three months after the expiry of the 90-day period.

6.   Requests that have been transmitted in accordance with the ‘Dublin II Regulation’ before the date of termination of the Agreement as set out in paragraph 5 are not affected hereby.

7.   If in exceptional cases the implementation requires parliamentary approval in Denmark, the Danish notification under paragraph 2 shall indicate this and the provisions of Article 3(5) to (8), shall apply.

1.   International agreements entered into by the Community based on the rules of the Dublin II Regulation and the Eurodac Regulation shall not be binding upon and shall not be applicable in Denmark.

2.   Denmark will abstain from entering into international agreements which may affect or alter the scope of the Regulations as annexed to this Agreement concerning the determination of responsibility for examining an asylum application or measures concerning the comparison of fingerprints of third country nationals covered by the Eurodac Regulation unless it is done with the agreement of the Community and satisfactory arrangements have been made with regard to the relationship between this Agreement and the international agreement in question.

3.   When negotiating international agreements that may affect or alter the scope of the Regulations as annexed to this Agreement, Denmark will coordinate its position with the Community and will abstain from any actions that would jeopardise the objectives of a Community position within its sphere of competence in such negotiations.

1.   Where a question on the validity or interpretation of this Agreement is raised in a case pending before a Danish court or tribunal, that court or tribunal shall request the Court of Justice to give a ruling thereon whenever under the same circumstances a court or tribunal of another Member State of the European Union would be required to do so in respect of the Dublin II Regulation and the Eurodac Regulation and their implementing measures referred to in Article 2(1) and 2(2).

2.   Under Danish law, the courts in Denmark shall, when interpreting this Agreement, take due account of the rulings contained in the case-law of the Court of Justice in respect of provisions of the Dublin II Regulation and the Eurodac Regulation and any implementing Community measures.

3.   Denmark may, like the Council, the Commission and any Member State, request the Court of Justice to give a ruling on a question of interpretation of this Agreement. The ruling given by the Court of Justice in response to such a request shall not apply to judgments of courts or tribunals of the Member States which have become res judicata.

4.   Denmark shall be entitled to submit observations to the Court of Justice in cases where a question has been referred to it by a court or tribunal of a Member State for a preliminary ruling concerning the interpretation of any provision referred to in Article 2(1) and 2(2).

5.   The Protocol on the Statute of the Court of Justice of the European Communities and its Rules of Procedure shall apply.

6.   If the provisions of the Treaty establishing the European Community regarding rulings by the Court of Justice are amended with consequences for rulings in respect of the Dublin II Regulation and the Eurodac Regulation, Denmark may notify the Commission of its decision not to apply the amendments in respect of this Agreement. Notification shall be given at the time of the entry into force of the amendments or within 60 days hereafter.

In such a case this Agreement shall be considered terminated. Termination shall take effect three months after the notification.

7.   Requests that have been transmitted in accordance with the Dublin II Regulation before the date of termination of the Agreement as set out in paragraph 6 are not affected hereby.

1.   The Commission may bring before the Court of Justice cases against Denmark concerning non-compliance with any obligation under this Agreement.

2.   Denmark may bring a complaint to the Commission as to the non-compliance by a Member State of its obligations by virtue of this Agreement.

3.   The relevant provisions of the Treaty establishing the European Community governing proceedings before the Court of Justice as well as the Protocol on the Statute of the Court of Justice of the European Communities and its Rules of Procedure shall apply.

1.   This Agreement shall terminate if Denmark informs the other Member States that it no longer wishes to avail itself of the provisions of Part I of the Protocol on the position of Denmark, under Article 7 of that Protocol.

2.   This Agreement may be terminated by either Contracting Party giving notice to the other Contracting Party. Termination shall be effective six months after the date of such notice.

3.   Requests that have been transmitted before the date of termination of the Agreement as set out in paragraph 1 or 2 are not affected hereby.

1.   The Agreement shall be adopted by the Contracting Parties in accordance with their respective procedures.

2.   The Agreement shall enter into force on the first day of the second month following the notification by the Contracting Parties of the completion of their respective procedures required for this purpose.