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5.9.2003

EN

Official Journal of the European Union

L 222/3

COMMISSION REGULATION (EC) No 1560/2003 of 2 September 2003

laying down detailed rules for the application of Council Regulation (EC) No 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

Having regard to 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 (1), and in particular Article 15(5), Article 17(3), Article 18(3), Article 19(3) and (5), Article 20(1), (3) and (4) and Article 22(2) thereof,

(5)

Whereas:

(6)

(1)

A number of specific arrangements must be established for the effective application of Regulation (EC) No 343/ 2003. Those arrangements must be clearly defined so as to facilitate cooperation between the authorities in the Member States competent for implementing that Regula- tion as regards the transmission and processing of requests for the purposes of taking charge and taking back, requests for information and the carrying out of transfers.

(7)

(2)

To ensure the greatest possible continuity between the Convention determining the State responsible for exam- ining applications for asylum lodged in one of the Member States of the European Communities (2), signed in Dublin on 15 June 1990, and Regulation (EC) No 343/2003, which replaces that Convention, this Regula- tion should be based on the common principles, lists and forms adopted by the committee set up by Article 18 of that Convention, with the inclusion of amend- ments necessitated by the introduction of new criteria, the wording of certain provisions and of the lessons drawn from experience.

(8)

(3)

The interaction between the procedures laid down in Regulation (EC) No 343/2003 and the application 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 (3) must be taken into account.

(9)

It is desirable, both for the Member States and the asylum seekers concerned, that there should be a mechanism for finding a solution in cases where Member States differ over the application of the humani- tarian clause in Article 15 of Regulation (EC) No 343/ 2003.

( 1 ) O J L 5 0 , 2 5 . 2 . 2 0 0 3 , p . 1 . ( 2 ) O J C 2 5 4 , 1 9 . 8 . 1 9 9 7 , p . 1 . ( 3 ) O J L 3 1 6 , 1 5 . 1 2 . 2 0 0 0 , p . 1 .

The establishment of an electronic transmission network to facilitate the implementation of Regulation (EC) No 343/2003 means that rules must be laid down relating to the technical standards applicable and the practical arrangements for using the network.

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) applies to processing carried out pursuant to the present Regula- tion in accordance with Article 21 of Regulation (EC) No 343/2003.

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark, which is not bound by Regulation (EC) No 343/2003, is not bound by the present Regulation or subject to its application, until such time as an agreement allowing it to participate in Regulation (EC) No 343/2003 is reached.

In accordance with Article 4 of the Agreement of 19 January 2001 between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining an application for asylum lodged in a Member State or in Iceland or Norway (5), this Regulation is to be applied by Iceland and Norway as it is applied by the Member States of the European Community. Consequently, for the purposes of this Regulation, Member States also include Iceland and Norway.

It is necessary for the present Regulation to enter into force as quickly as possible to enable Regulation (EC) No 343/2003 to be applied.

( 4 ) O J L 2 8 1 , 2 3 . 1 1 . 1 9 9 5 , p . 3 1 . ( 5 ) O J L 9 3 , 3 . 4 . 2 0 0 1 , p . 4 0 .

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

(4)

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