CONSIDERING that on 26 October 2004 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 (1) (hereinafter referred to as ‘the Agreement of 26 October 2004 ’) was signed;

CONSIDERING that on 28 February 2008 the 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 (2) (hereinafter referred to as ‘the Protocol of 28 February 2008 ’) was signed;

RECALLING that on 26 June 2013 the European Union (hereinafter referred to as ‘the Union’) adopted Regulation (EU) No 603/2013 of the European Parliament and of the Council (3);

RECALLING that the procedures for comparison and data transmission for law enforcement purposes as laid down in Regulation (EU) No 603/2013 do not constitute a development amending or building upon the provisions of the Eurodac acquis within the meaning of the Agreement of 26 October 2004 and the Protocol of 28 February 2008;

CONSIDERING that a protocol should be concluded between the Union and the Swiss Confederation (hereinafter referred to as ‘Switzerland’) and the Principality of Liechtenstein (hereinafter referred to as ‘Liechtenstein’) to enable Switzerland and Liechtenstein to participate in the law-enforcement-related aspects of Eurodac and therefore enable designated law enforcement authorities in Switzerland and Liechtenstein to request the comparison of fingerprint data transmitted to the Central System of Eurodac by the other participating States;

CONSIDERING that the application of Regulation (EU) No 603/2013 for law enforcement purposes to Switzerland and Liechtenstein should also enable designated law enforcement authorities of the other participating States and Europol to request the comparison of fingerprint data transmitted to the Central System of Eurodac by Switzerland and Liechtenstein;

CONSIDERING that the processing of personal data by the designated law enforcement authorities of the participating States for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences pursuant to this Protocol should be subject to a standard of protection of personal data under their national law which complies with Directive (EU) 2016/680 of the European Parliament and of the Council (4);

CONSIDERING that the further conditions set out in Regulation (EU) No 603/2013 as regards the processing of personal data by the designated authorities of the participating States, as well as by Europol, for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences should also apply;

CONSIDERING that access for the designated authorities of Switzerland and Liechtenstein should be allowed only on condition that comparisons with the national fingerprint databases of the requesting State and with the automated fingerprinting identification systems of all other participating States under Council Decision 2008/615/JHA (5) did not lead to the establishment of the identity of the data subject. That condition requires the requesting State to conduct comparisons with the automated fingerprinting identification systems of all other participating States under that Decision which are technically available, unless that requesting State can demonstrate that there are reasonable grounds to believe that it would not lead to the establishment of the identity of the data subject. Such reasonable grounds exist in particular where the specific case does not present any operational or investigative link to a given participating State. That condition requires prior legal and technical implementation of that Decision by the requesting State with regard to dactyloscopic data, as it should not be permitted to conduct a Eurodac check for law enforcement purposes where those above steps have not first been taken;

CONSIDERING that prior to searching Eurodac, designated authorities of Switzerland and Liechtenstein should also, provided that the conditions for a comparison are met, consult the Visa Information System under Council Decision 2008/633/JHA (6);

CONSIDERING that the mechanisms regarding new legislation and new acts or measures as provided for in the Agreement of 26 October 2004 and the Protocol of 28 February 2008, including the role of the Mixed Committee established under the Agreement of 26 October 2004, should apply to all new legislation and new acts or measures regarding access to Eurodac for law enforcement purposes,

Article 1

Article 2

Article 3

The provisions of the Agreement of 26 October 2004 and of the Protocol of 28 February 2008 regarding new legislation and new acts or measures, including those concerning the Mixed Committee established under the Agreement of 26 October 2004, shall apply to all new legislation and new acts or measures related to access to Eurodac for law enforcement purposes.

Article 4

Article 5

Article 6

This Protocol shall be drawn up in a single original in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

The original shall be deposited with the depositary, who shall establish a certified true copy for each of the Parties.