Council Decision (EU) 2026/1439

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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2) and Article 79(2), in conjunction with Article 218(3) and (4), thereof,Having regard to the recommendation from the European Commission,Having regard to the Agreement 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 a request for asylum lodged in a Member State or in Iceland or Norway^note,Having regard 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^note,Having regard to the Protocol between the European Community, the Swiss Confederation and 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^note,Having regard to Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013^note,Having regard to Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147^note,Whereas:

(1)In order to enable Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein to participate in the relevant Union rules set out in Part II of Regulation (EU) 2024/1351, in the solidarity mechanism set out in Part IV of Regulation (EU) 2024/1351, as well as in relevant parts of Chapters II and III of Regulation (EU) 2024/1359, it is necessary to specify the nature, scope and modalities of the participation of those States.

(2)Negotiations should be opened with a view to concluding protocols between the Union and Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein to supplement their respective agreements and protocol concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in those countries.

(3)Ireland is bound by Regulations (EU) 2024/1351 and (EU) 2024/1359 and is therefore taking part in the adoption of this Decision.

(4)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

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The opening of negotiations for protocols between the Union and Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein supplementing their respective agreements and protocol concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in those countries, to include rules to enable their participation in Parts II and IV of Regulation (EU) 2024/1351 and in Chapters II and III of Regulation (EU) 2024/1359, is hereby authorised.

Council Decision (EU) 2026/1439

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