Brussels 24 April 2012
Proposal for a Regulation of the European Parliament and of the Council establishing the
criteria and mechanisms for determining the Member State responsible for examining an
application for international protection lodged in one of the Member States by a third-country
national or a stateless person (Recast)
The comparative table which appears in the Annex is drawn up in view of the first trilogue on
the recast of the Dublin Regulation. The four columns reflect respectively:
1. the Commission proposal of 8 December 2008.
2. the European Parliament's common position adopted at first reading on 7 May 2009. The
differences between the EP common position and the Commission proposal are indicated
in
bold and
italics.
3. the Council position on the Commission proposal as endorsed by the Committee of
Permanent Representatives on 4 April 2012, (except to the extent that it concerns
implementing acts). New text is indicated by underlining the insertion and including it
within Council tags: ; deleted text is indicated within underlined square brackets as
follows: […]
.
4. possible future comments.
________________________
1
ANNEX
Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State
responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless
person and of the Council laying down standards for the reception of asylum seekers (Recast)
Commission Proposal
EP-amendments
Council Position
Comments
2008/0243 (COD)
2008/0243 (COD)
Proposal for a
Proposal for a
REGULATION OF THE
POSITION OF THE
REGULATION OF THE
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
AND OF THE COUNCIL
adopted at first reading on 7
AND OF THE COUNCIL
May 2009
establishing the criteria and
with a view to the adoption of
establishing the criteria and
mechanisms for determining the
Regulation (EC) No .../2009 of
mechanisms for determining the
Member State responsible for
the European Parliament and of
Member State responsible for
examining an asylum application
the Council establishing the
examining an asylum application
for international protection
criteria and mechanisms for
for international protection
lodged in one of the Member
determining the Member State
lodged in one of the Member
States by a third-country
responsible for examining an
States by a third-country
national
or a stateless
application for international
national
or a stateless
person
protection lodged in one of the
person
Member States by a third-
country national or a stateless
person (recast)
ANNEX
2
THE
EUROPEAN THE
EUROPEAN THE
EUROPEAN
PARLIAMENT
AND
THE PARLIAMENT
AND
THE PARLIAMENT
AND
THE
COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN
UNION,
UNION,
UNION,
Having regard to the Treaty Having regard to the Treaty Having regard to the Treaty T (Lisbon)
establishing
the
European establishing
the
European […] on the Functioning of
Community,
and
in
particular Community,
and
in
particular the European Union (TFEU) ,
Article 63, first paragraph, point Article 63, first paragraph, point and
in
particular
point
(1)(a) thereof,
(1)(a) thereof,
[…] 2 (e) of Article 78
[…] thereof,
Having regard to the proposal Having regard to the proposal Having regard to the proposal
from the Commission,
from the Commission,
from the Commission,
Having regard to the opinion of Having regard to the opinion of Having regard to the opinion of
the European Economic and Social the European Economic and Social the European Economic and Social
Committee1,
Committee2,
Committee3,
Having regard to the opinion of Having regard to the opinion of Having regard to the opinion of
the Committee of the Regions4,
the Committee of the Regions5,
the Committee of the Regions6,
Acting in accordance with the Acting in accordance with the Acting in accordance with the T (Lisbon)
procedure laid down in Article 251 procedure laid down in Article 251 procedure laid down in Article
of the Treaty7,
of the Treaty8,
[…]
294
of
the
1
OJ C , , p. .
2
OJ C
...
3
OJ C […], […], p. […].
4
OJ C , , p. .
5
OJ C
...
6
OJ C […], […], p. […].
7
OJ C , , p. .
ANNEX
3
[…] TFEU 9,
Whereas:
Whereas:
Whereas:
(1)
A number of substantive (1)
A number of substantive (1)
A number of substantive
changes are to be made to
changes are to be made to
changes are to be made to
Council Regulation (EC)
Council Regulation (EC)
Council Regulation (EC)
No
343/2003
of
18
No
343/2003
of
18
No
343/2003
of
18
February
2003
February
2003
February
2003
establishing the criteria
establishing the criteria
establishing the criteria
and
mechanisms
for
and
mechanisms
for
and
mechanisms
for
determining the Member
determining the Member
determining the Member
State
responsible
for
State
responsible
for
State
responsible
for
examining
an
asylum
examining
an
asylum
examining
an
asylum
application lodged in one
application lodged in one
application lodged in one
of the Member States by a
of the Member States by a
of the Member States by a
third-country
national10.
third-country
national11.
third-country
national12.
In the interests of clarity,
In the interests of clarity,
In the interests of clarity,
that Regulation should be
that Regulation should be
that Regulation should be
recast.
recast.
recast.
(2)
A common policy on (2)
A common policy on (2)
A common policy on T (Lisbon)
asylum,
including
a
asylum,
including
a
asylum,
including
a
Common
European
Common
European
Common
European
Asylum System, is a
Asylum System, is a
Asylum System, is a
constituent part of the
constituent part of the
constituent part of the
European
Union's
European
Union's
European
Union's
objective of progressively
objective of progressively
objective of progressively
8
Position of the European Parliament of 7 May 2009.
9
OJ C […], […], p. […].
10
OJ L 50, 25.2.2003, p.1.
11
OJ L 50, 25.2.2003, p. 1.
12
OJ L 50, 25.2.2003, p.1.
ANNEX
4
establishing an area of
establishing an area of
establishing an area of
freedom,
security
and
freedom,
security
and
freedom,
security
and
justice open to those who,
justice open to those who,
justice open to those who,
forced by circumstances,
forced by circumstances,
forced by circumstances,
legitimately
seek
legitimately
seek
legitimately
seek
protection
in
the
protection
in
the
protection
in
the
Community.
Community.
[…] Union .
(3)
The European Council, at (3)
The European Council, at (3)
The European Council, at
its special meeting in
its special meeting in
its special meeting in
Tampere on 15 and 16
Tampere on 15 and 16
Tampere on 15 and 16
October 1999, agreed to
October 1999, agreed to
October 1999, agreed to
work towards establishing
work towards establishing
work towards establishing
a
Common
European
a
Common
European
a
Common
European
Asylum System, based on
Asylum System, based on
Asylum System, based on
the full and inclusive
the full and inclusive
the full and inclusive
application of the Geneva
application of the Geneva
application of the Geneva
Convention relating to the
Convention relating to the
Convention relating to the
Status of Refugees of 28
Status of Refugees of 28
Status of Refugees of 28
July
1951,
as
July
1951,
as
July
1951,
as
supplemented by the New
supplemented by the New
supplemented by the New
York
Protocol
of 31
York
Protocol
of 31
York
Protocol
of 31
January
1967,
thus
January
1967,
thus
January
1967,
thus
ensuring that nobody is
ensuring that nobody is
ensuring that nobody is
sent back to persecution,
sent back to persecution,
sent back to persecution,
i.e.
maintaining
the
i.e.
maintaining
the
i.e.
maintaining
the
principle
of
non-
principle
of
non-
principle
of
non-
refoulement.
In
this
refoulement.
In
this
refoulement.
In
this
respect,
and
without
respect,
and
without
respect,
and
without
affecting
the
affecting
the
affecting
the
responsibility criteria laid
responsibility criteria laid
responsibility criteria laid
down in this Regulation,
down in this Regulation,
down in this Regulation,
Member
States,
all
Member States,
which all
Member
States,
all
respecting the principle of
respect the principle of
respecting the principle of
ANNEX
5
non-refoulement,
are
non-refoulement,
are
non-refoulement,
are
considered
as
safe
considered
as
safe
considered
as
safe
countries
for
third-
countries
for
third-
countries
for
third-
country nationals.
country nationals.
country nationals.
(4)
The Tampere conclusions (4)
The Tampere conclusions (4)
The Tampere conclusions
also
stated
that
this
also
stated
that
this
also
stated
that
this
system should include, in
system should include, in
system should include, in
the short term, a clear and
the short term, a clear and
the short term, a clear and
workable
method
for
workable
method
for
workable
method
for
determining the Member
determining the Member
determining the Member
State responsible for the
State responsible for the
State responsible for the
examination of an asylum
examination of an asylum
examination of an asylum
application.
application.
application.
(5)
Such a method should be (5)
Such a method should be (5)
Such a method should be
based on objective, fair
based on objective, fair
based on objective, fair
criteria
both
for
the
criteria
both
for
the
criteria
both
for
the
Member States and for
Member States and for
Member States and for
the persons concerned. It
the persons concerned. It
the persons concerned. It
should,
in
particular,
should,
in
particular,
should,
in
particular,
make
it
possible
to
make
it
possible
to
make
it
possible
to
determine
rapidly
the
determine
rapidly
the
determine
rapidly
the
Member
State
Member
State
Member
State
responsible,
so
as to
responsible,
so
as to
responsible,
so
as to
guarantee effective access
ensure effective access to
guarantee effective access
to the procedures for
the
procedures
for
to the procedures for
determining
refugee
determining international
determining
refugee
international
protection status and not
international
protection status and
to
compromise
the
protection status and
not to compromise the
objective of the rapid
not to compromise the
objective of the rapid
processing of applications
objective of the rapid
processing
of
asylum
for
international
processing
of
asylum
applications
for
applications
for
ANNEX
6
international protection
protection.
international protection
.
.
As regards the introduction in
(6)
As
regards
the As regards the introduction in P( minor, minor)
successive phases of a common
introduction
in successive phases of a common
European asylum system that
successive phases of a European asylum system that
should lead, in the longer term, to
Common
European should lead, in the longer term, to
a common procedure and a
Asylum
System
that a common procedure and a
uniform status, valid throughout
should lead, in the longer uniform status, valid throughout
the Union, for those granted
term,
to
a common the Union, for those granted
asylum, it is appropriate at this
procedure and a uniform asylum, it is appropriate at this
stage, while making the necessary
status valid throughout stage, while making the necessary
improvements in the light of
the Union for those improvements in the light of
experience,
to
confirm
the
granted asylum, it is experience,
to
confirm
the
principles
underlying
the
appropriate at this stage, principles
underlying
the
Convention determining the State
while
making
the Convention determining the State
responsible
for
examining
necessary improvements responsible
for
examining
applications for asylum lodged in
in the light of experience, applications for asylum lodged in
one of the Member States of the
to confirm the principles one of the Member States of the
European Communities(4), signed
underlying
the European Communities(4), signed
in Dublin on 15 June 1990
Convention determining in Dublin on 15 June 1990
(hereinafter referred to as the
the State responsible for (hereinafter referred to as the
Dublin
Convention),
whose
examining applications Dublin
Convention),
whose
implementation has stimulated the
for asylum lodged in one implementation has stimulated the
process of harmonising asylum
of the Member States of process of harmonising asylum
policies.
the
European policies.
Communities, signed in
Dublin on 15 June 1990
(the Dublin Convention),
whose
implementation
has
stimulated
the
process of harmonising
ANNEX
7
asylum policies.
(6)
The first phase in the
(7)
The first phase in the (6)
The first phase in the
creation of a Common
creation of a Common
creation of a Common
European Asylum System
European Asylum System
European Asylum System
that should lead, in the
║
has
now
been
that should lead, in the
longer term, to a common
completed. The European
longer term, to a common
procedure and a uniform
Council of 4 November
procedure and a uniform
status, valid throughout
2004 adopted The Hague
status, valid throughout
the
Union,
for
those
Programme, which sets
the
Union,
for
those
granted asylum, has now
the
objectives
to
be
granted asylum, has now
been
achieved.
The
implemented in the area
been
achieved.
The
European Council of 4
of freedom, security and
European Council of 4
November 2004 adopted
justice in the period 2005-
November 2004 adopted
The Hague Programme
2010. In this respect, the
The Hague Programme
which sets the objectives
Hague Programme invited
which sets the objectives
to be implemented in the
the
║Commission
to
to be implemented in the
area of freedom, security
conclude the evaluation
area of freedom, security
and justice in the period
of the first phase legal
and justice in the period
2005-2010. In this respect
instruments and to submit
2005-2010. In this respect
The Hague Programme
the
second-phase
The Hague Programme
invited
the
European
instruments and measures
invited
the
European
Commission to conclude
to the Council and the
Commission to conclude
the evaluation of the first
European Parliament with
the evaluation of the first
phase legal instruments
a view to their adoption
phase legal instruments
and to submit the second-
before 2010.
and to submit the second-
phase
instruments
and
phase
instruments
and
measures to the Council
measures to the Council
and
the
European
and
the
European
Parliament with a view to
Parliament with a view to
their
adoption
before
their
adoption
before
ANNEX
8
2010.
2010.
(6a) In
the
Stockholm T (update of Recital (6))
Programme the European
Council
reiterated
its
commitment
to
the
objective of establishing a
common
area
of
protection and solidarity
in
accordance
with
Article 78 TFEU, for
those
granted
international
protection,
by 2012 at the latest.
Furthermore
it
emphasized
that
the
Dublin System remains a
cornerstone
in building
the Common European
Asylum System, as it
clearly
allocates
responsibility
for
the
examination
of asylum
applications.
(8)
The
services
of the
P/T : referral to EASO , especially
Member
States
for day to day operational
responsible for asylum
requirements.
EP
will
should receive practical
draft new text (as now the
aid to meet their day-to-
EASO is established -
day
operational
2010 ).
requirements. Here the
European
Asylum
Support
Office,
ANNEX
9
established
by
Regulation(EC) No .../...
of ...13, has a vital role to
play.
(7)
In the light of the results
(9)
In the light of the results (7)
In the light of the results
of
the
evaluations
of
the
evaluations
of
the
evaluations
undertaken,
it
is
undertaken,
it
is
undertaken,
it
is
appropriate, at this stage,
appropriate, at this stage,
appropriate, at this stage,
to confirm the principles
to confirm the principles
to confirm the principles
underlying the Regulation
underlying
Regulation
underlying the Regulation
(EC) No 343/2003, while
(EC) No 343/2003, while
(EC) No 343/2003, while
making
the
necessary
making
the
necessary
making
the
necessary
improvements in the light
improvements in the light
improvements in the light
of experience to enhance
of experience to enhance
of experience to enhance
the effectiveness of the
the effectiveness of the
the effectiveness of the
system and the protection
system and the protection
system and the protection
granted to applicants for
granted to applicants for
granted to applicants for
international
protection
international
protection
international
protection
under this procedure.
under this procedure.
under this procedure.
(8)
In view of ensuring equal
(10)
With a view
to ensuring (8)
In view of ensuring equal T (in order to take into account
treatment
for
all
equal treatment for all
treatment
for
all
system of Ireland)
applicants
and
applicants
and
applicants
and
beneficiaries
of
beneficiaries
of
beneficiaries
of
international
protection,
international
protection,
international
protection,
as well as in order to
as well as in order to
as well as in order to
ensure consistency with
ensure consistency with
ensure consistency with
current
EU
asylum
current
EU
asylum
current
EU
asylum
acquis, in particular with
acquis
, in particular with
acquis, in particular with
13
OJ L ...
ANNEX
10
Council
Directive
Council
Directive
[…]
Directive
2004/83/EC of 29 April
2004/83/EC of 29 April
[…] 2011/xx/EU
2004
on
minimum
2004
on
minimum
of 13 December 2011 on
standards
for
the
standards
for
the
standards for the
qualification and status of
qualification and status of
qualification and status of
third country nationals or
third country nationals or
third country nationals or
stateless
persons
as
stateless
persons
as
stateless
persons
as
refugees or as persons
refugees or as persons
beneficiaries
of
who
otherwise
need
who
otherwise
need
international
protection
international
protection
international
protection
for a uniform status for
and the content of the
and the content of the
refugees
or
for
protection granted,14 it is
protection granted║15
, it
[…]
persons
appropriate to extent the
is appropriate to
extend
eligible
for
scope of this Regulation
the
scope
of
this
subsidiary
[…]
in
order
to
include
Regulation in order to
protection and for
applicants for subsidiary
include
applicants
for
the
content
of
the
protection and persons
subsidiary protection and
protection
granted,16
enjoying
subsidiary
persons
enjoying
[…] the scope of
protection.
subsidiary protection.
this Regulation […]
encompasses
applicants
for
subsidiary protection and
persons
enjoying
subsidiary
protection.
[…] […]
(9)
In order to ensure equal
(11)
In order to ensure equal (9)
[…]
P
treatment of all asylum
treatment of all asylum
seekers,
Directive
seekers,
Directive
║
[…/…/EC] of … laying
…/…/EC║
of
the
14
OJ L 304, 30.9.2004, p. 12.
15
OJ L 304, 30.9.2004, p. 12.
16
OJ L 304, 30.9.2004, p. 12.
ANNEX
11
down minimum standards
European Parliament and
for
the
reception
of
of the Council of …
asylum seekers17 should
[laying down minimum
apply to the procedure
standards
for
the
regarding
the
reception
of
asylum
determination
of
the
seekers
]18 should apply to
Member State responsible
the procedure regarding
as regulated under this
the determination of the
Regulation.
Member State responsible
as
prescribed under this
Regulation.
(10)
In accordance with the
(12)
In accordance with the (10)
In accordance with the T
1989
United
Nations
1989
United
Nations
1989
United
Nations
Convention on the Rights
Convention on the Rights
Convention on the Rights
of the Child and the
of the Child and the
of the Child and as
Charter of Fundamental
Charter of Fundamental
recognised
in
the
Rights of the European
Rights of the European
Charter of Fundamental
Union, the best interests
Union, the best interests
Rights of the European
of the child should be a
of the child should be a
Union, the best interests
primary consideration of
primary consideration of
of the child should be a
Member States in the
Member States in the
primary consideration of
application
of
this
application
of
this
Member States in the
Regulation. In addition,
Regulation. In addition,
application
of
this
specific
procedural
specific
procedural
Regulation. In addition,
guarantees
for
safeguards
for
specific
procedural
unaccompanied
minors
unaccompanied
minors
guarantees
for
should be laid down on
should be laid down on
unaccompanied
minors
account of their particular
account of their particular
should be laid down on
17
OJ L […], […], p. […].
18
OJ L
...
ANNEX
12
vulnerability.
vulnerability.
account of their particular
vulnerability.
Family unity should be preserved
Family unity should be preserved
in so far as this is compatible with
in so far as this is compatible with
the other objectives pursued by
the other objectives pursued by
establishing
criteria
and
establishing
criteria
and
mechanisms for determining the
mechanisms for determining the
Member State responsible for
Member State responsible for
examining an asylum application.
examining an asylum application.
(11)
In accordance with the
(13)
In accordance with the (11)
In accordance with the T
European Convention for
European Convention for
European Convention for
the Protection of Human
the Protection of Human
the Protection of Human
Rights and Fundamental
Rights and Fundamental
Rights and Fundamental
Freedoms and the Charter
Freedoms and the Charter
Freedoms
and
as
of Fundamental Rights of
of Fundamental Rights of
recognised
in
the
the
European
Union,
the
European
Union,
Charter of Fundamental
respect for family unity
respect for family unity
Rights of the European
should
be
a
primary
should
be
a
primary
Union, respect for family
consideration of Member
consideration of Member
life
[…]
States when applying this
States when applying this
should
be
a
primary
Regulation.
Regulation.
consideration of Member
States when applying this
Regulation.
(12)
The processing together
(14)
The processing together (12)
The processing together
of the asylum applications
of the applications for
of the asylum applications
for
international
international protection of
for
international
protection
of
the
the
members
of one
protection
of
the
members of one family by
family
by
a
single
members of one family by
a single Member State
Member State makes it
a single Member State
makes
it
possible
to
possible to ensure that the
makes
it
possible
to
ANNEX
13
ensure
that
the
applications are examined
ensure
that
the
applications are examined
thoroughly
and
the
applications are examined
thoroughly
and
the
decisions taken in respect
thoroughly
and
the
decisions taken in respect
of them are consistent and
decisions taken in respect
of them are consistent
that the members of one
of them are consistent
and that the members of
family are not separated.
and that the members of
one
family
are
not
one
family
are
not
separated.
separated.
(13)
In order to ensure full
(15)
In order to ensure full (13)
In order to ensure full T
respect for the principle
respect for the principle
respect for the principle
of family unity and of the
of family unity and of the
of family unity and of the
best interests of the child,
best interests of the child,
best interests of the child,
the
existence
of
a
the
existence
of
a
the
existence
of
a
relationship
of
relationship
of
relationship
of
dependency between an
dependency between an
dependency between an
applicant
and
his/her
applicant
and
his/her
applicant
and
his/her
extended
family
on
extended
family
on
[…]
[…]
account of pregnancy or
account of pregnancy or
[…] relation on
maternity, their state of
maternity, their state of
account
of
the
health
or
great
age,
health
or
great
age,
applicant’s pregnancy
should become binding
should become binding
or maternity, […]
responsibility
criterion.
responsibility
criteria.
state
of
health
or
When the applicant is an
When the applicant is an
[…] old age,
unaccompanied
minor,
unaccompanied
minor,
should become binding
the presence of a relative
the presence of a relative
responsibility
criterion.
on the territory of another
on the territory of another
When the applicant is an
Member State who can
Member State who can
unaccompanied
minor,
take care of him/her
take care of him/her
the
presence
of
a
should
also
become
should also become
a
family
member
binding
responsibility
binding
responsibility
[…]
[…]
criterion.
criterion.
[…] […] , or
[…]
[…]
relative on the territory of
ANNEX
14
another Member State
who can take care of
him/her
should
also
become
binding
responsibility criterion.
(14)
Any
Member
States
(16)
Any Member State should (14)
Any
Member
States T, if ‘so as’ is substituted by ‘for
should be able to derogate
be able to derogate from
should be able to derogate
example’.
from
the
responsibility
the responsibility criteria,
from
the
responsibility
criteria, so as to make it
in
particular
for
criteria, so as to make it
possible to bring family
humanitarian
and
possible to bring family
members together where
compassionate
reasons,
members together where
this
is
necessary
on
and
examine
an
this
is
necessary
on
humanitarian
grounds
application
for
humanitarian
grounds
in
particular
for
international
protection
in
particular
for
humanitarian
and
lodged with it or with
humanitarian
and
compassionate
reasons
another Member State,
compassionate
reasons
and
examine
an
even if such examination
so as to make it
application
for
is not its responsibility
possible to bring other
international
protection
under the binding criteria
family
[…]
lodged with it or with
laid
down
in
this
members […]
another Member State,
Regulation, provided that
relatives
or
relations
even if such examination
the
Member
State
[…]
[…]
is not its responsibility
concerned
and
the
[…]
[…]
under the binding criteria
applicant agree thereto.
together and examine
laid
down
in
the
an
application
for
Regulation, provided that
international
protection
the concerned Member
lodged with it or with
State and the applicant
another Member State,
agree thereto.
even if such examination
is not its responsibility
under the binding criteria
laid
down
in
the
ANNEX
15
Regulation […] .
(15)
A
personal
interview
(17)
A
personal
interview (15)
A
personal
interview T (as it relates to the Article on
should be organised in
should be organised in
[…]
should
Interviews that has been
order to facilitate the
order to facilitate the
[…] be organised
amended
accordingly).
determination
of
the
determination
of
the
in order to facilitate the
Should
be
considered
Member State responsible
Member State responsible
determination
of
the
together with the Article.
for
examining
an
for
examining
an
Member State responsible
application
for
application
for
for
examining
an
international
protection
international
protection
application
for
and, where necessary, to
and ▌to oral y inform
international
protection
orally inform applicants
applicants
about
the
[…] The asylum
about the application of
application
of
this
seeker
should
be
this Regulation.
Regulation.
informed, as soon as the
application
for
international protection is
lodged, on the application
of the present Regulation
and […] that the
interview
in order to
facilitate the process of
determining the Member
State responsible includes
the possibility for the
applicant
to
[…]
provide
[…]
information regarding the
presence
of
family
members,
siblings
or
other relatives or relations
in the Member States .
(16)
In
accordance
in
(18)
In
accordance
in (16)
In
accordance
in T
particular with Article 47
particular with Article 47
particular
with
the
ANNEX
16
of
the
Charter
of
of
the
Charter
of
rights
recognised
in
Fundamental Rights of
Fundamental Rights of
Article 47 of the Charter
the
European
Union,
the
European
Union,
of Fundamental Rights of
legal safeguards and the
legal safeguards and the
the
European
Union,
right
to
an
effective
right
to
an
effective
legal safeguards and the
remedy in respect of
remedy in respect of
right
to
an
effective
decisions
regarding
decisions
regarding
remedy in respect of
transfers to the Member
transfers to the Member
decisions
regarding
State responsible should
State responsible should
transfers to the Member
be
established
to
be established to
ensure
State responsible should
guarantee
effective
effective protection of the
be
established
to
protection of the rights of
rights of the individuals
guarantee
effective
the individuals concerned.
concerned.
protection of the rights of
the individuals concerned.
(17)
In accordance with the
(19)
In accordance with the (17)
[…]
P
case-law of the European
case-law of the European
Court of Human Rights,
Court of Human Rights,
Member States do not want a
the
effective
remedy
an
effective
remedy
reference to the ECHR, as
should cover both the
should cover both the
it is not an EU entity...
examination
of
the
examination
of
the
application
of
this
application
of
this
To be considered together with the
Regulation and of the
Regulation and of the
Article
on
Remedies
legal and factual situation
legal and factual situation
(Art.26).
in the Member State to
in the Member State to
which the applicant is
which the applicant is
transferred in order to
transferred in order to
ensure that international
ensure that international
law is respected.
law is respected.
(20)
For the purposes of this
P
ANNEX
17
Regulation “detention”
To be considered with the Article
should not carry a penal
on Detention (Art.27)
or punitive connotation,
but should mean an
Member States want to be able to
exclusively
have closed center in
administrative
and
‘separate department’ of
temporary
measure
prison facility...
equivalent to a holding
operation.
(18)
Detention
of
asylum
(21)
Detention
of
asylum (18)
Detention
of
asylum P
seekers should be applied
seekers should be applied
seekers should be applied
in
line
with
the
in
line
with
the
in
line
with
the To be considered with the Article
underlying principle that
underlying principle that
underlying principle that
on Detention (Art.27)
a person should not be
a person should not be
a person should not be
held in detention for the
held in detention for the
held in detention for the
sole reason that he is
sole reason that he
/she is
sole reason that he is
seeking
international
seeking
international
seeking
international
protection. In particular,
protection. In particular,
protection.
Detention
detention
of
asylum
detention
of
asylum
should be as short as
seekers must be applied in
seekers must be applied in
possible and […] be
line with Article 31 of the
line with Article 31 of the
subject to the principles
Geneva Convention and
Geneva
Convention
in
of
necessity
and
under the clearly defined
administrative
holding
proportionality.
In
exceptional circumstances
centres
distinct
from
particular,
detention of
and guarantees prescribed
prison
facilities
and
asylum seekers must be
in Directive […/…/EC]
under the clearly defined
applied
in
line
with
[laying down minimum
exceptional circumstances
Article 31 of the Geneva
standards
for
the
and
safeguards prescribed
Convention […] .
reception
of
asylum
in Directive ║…/…/EC║
[…] […] .
seekers]. Moreover, the
[laying down minimum
The procedures carried
use of detention for the
standards
for
the
out
according to this
purpose of transfer to the
reception
of
asylum
Regulation in respect of a
Member State responsible
seekers]. Moreover, the
detained person should be
ANNEX
18
should be limited and
use of detention for the
handled
with
priority,
subject to the principle of
purpose of transfer to the
within
the
minimum
proportionality
with
Member State responsible
possible deadlines.
regard to the means taken
should be limited and
and objective pursued.
subject to the principle of
proportionality
with
regard to the means taken
and objective pursued.
(18A […] ) […]
P
Deficiencies or collapses
of asylum systems, oftern Recital
on
Early
Warning
aggrevated […] or
Mechanism
contributed
to
by
particular pressures on
them, can destabilise the
proper functioning of the
system put in place by the
present
Regulation.
A
process for early warning,
preparedness
and
management of asylum
crises serving to prevent
such
deteriorations
or
collapses
with
EASO
playing a key role using
its
powers
under
Regulation
(EU)
439/2010
should
be
established both in order
to ensure that cooperation
within the framework of
this Regulation is robust
as well as to develop
ANNEX
19
mutual trust among the
Member
States
with
respect to asylum policy.
The
process
should
ensure that the Union is
alerted as soon as possible
of situations in which a
concern exists that the
smooth functioning of the
system set up by this
Regulation is jeopardized
because
the
asylum
systems of one or more
Member
States
are
subject
to
particular
pressure and/or due to
deficiencies in the asylum
systems of one or more
Member States. Such a
process would allow the
Union
to
promote
preventive measures at an
early stage and afford
such
situations
the
appropriate
political
attention. Solidarity is a
pivotal element in the
CEAS and solidarity and
mutual trust go hand in
hand. By enhancing such
trust, this process could
improve the steering of
concrete
measures
of
genuine
and
practical
ANNEX
20
solidarity
towards
the
Member State or Member
States concerned in order
[…] to assist the
affected Member States in
general and the asylum
seekers in particular.
(18B […] ) Member
P
States should collaborate
with
the
European Recital
on
Early
Warning
Asylum Support Office in
Mechanism
the
gathering
of
information
concerning
their ability to manage
particular
pressure
on
their
asylum
and
reception
systems,
in
particular
in
the
framework
of
the
application
of
this
Regulation. The European
Asylum Support Office
should regularly report on
the information gathered
in
accordance
with
Regulation
(EU)
No
439/2010.
(19)
In
accordance
with
(22)
In
accordance
with (19)
In
accordance
with
Commission
Regulation
Commission
Regulation
Commission
Regulation
(EC) No 1560/2003 of 2
(EC) No 1560/2003 of 2
(EC) No 1560/2003 of 2
September 2003 laying
September 2003 laying
September 2003 laying
down detailed rules for
down detailed rules for
down detailed rules for
ANNEX
21
the application of Council
the application of Council
the application of Council
Regulation
(EC)
No
Regulation
(EC)
No
Regulation
(EC)
No
343/200319, transfers
to
343/200320, transfers
to
343/200321, transfers
to
the
Member
State
the
Member
State
the
Member
State
responsible
may
be
responsible
may
be
responsible
may
be
carried out on a voluntary
carried out on a voluntary
carried out on a voluntary
basis,
by
supervised
basis,
by
supervised
basis,
by
supervised
departure or under escort.
departure or under escort.
departure or under escort.
Member
States should
Member
States should
Member
States should
promote
voluntary
promote
voluntary
promote
voluntary
transfers
and
should
transfers
and
should
transfers
and
should
ensure that supervised or
ensure that supervised or
ensure that supervised or
escorted
transfers
are
escorted
transfers
are
escorted
transfers
are
undertaken in a human
undertaken in a
humane
undertaken in a human
manner, in full respect for
manner,
in
full
manner, in full respect for
fundamental rights and
compliance
with
fundamental rights and
human dignity.
fundamental rights and
human dignity.
human dignity.
(20)
The progressive creation
(23)
The progressive creation (20)
The progressive creation
of an area without internal
of an area without internal
of an area without internal
frontiers in which free
frontiers in which free
frontiers in which free
movement of persons is
movement of persons is
movement of persons is
guaranteed in accordance
guaranteed in accordance
guaranteed in accordance
with
the
Treaty
with the Treaty ║ and the
with
the
Treaty
establishing the European
establishment
of
establishing the European
Community
and
the
Community
policies
Community
and
the
establishment
of
regarding the conditions
establishment
of
19
OJ L222, 5.9.2003, p.3.
20
OJ L 222, 5.9.2003, p. 3.
21
OJ L222, 5.9.2003, p.3.
ANNEX
22
Community
policies
of entry and stay of third
Community
policies
regarding the conditions
country
nationals,
regarding the conditions
of entry and stay of third
including common efforts
of entry and stay of third
country
nationals,
towards the management
country
nationals,
including common efforts
of external borders,
make
including common efforts
towards the management
it necessary to strike a
towards the management
of
external
borders,
balance
between
of
external
borders,
makes it necessary to
responsibility criteria in a
makes it necessary to
strike a balance between
spirit of solidarity.
strike a balance between
responsibility criteria in a
responsibility criteria in a
spirit of solidarity.
spirit of solidarity.
(21)
The application of this
(24)
The application of this (21)
[…]
P
Regulation
may,
in
Regulation
may,
in
certain
circumstances,
certain
circumstances,
Former Recital on Suspension
create additional burdens
create additional burdens
on Member States faced
on Member States faced
with a particularly urgent
with a particularly urgent
situation which places an
situation which places an
exceptionally
heavy
exceptionally
heavy
pressure
on
their
pressure
on
their
reception
capacities,
reception
capacities,
asylum
system
or
asylum
system
or
infrastructure.
In
such
infrastructure.
In
such
circumstances,
it
is
circumstances,
it
is
necessary to lay down an
necessary to lay down an
efficient
procedure
to
efficient
procedure
to
allow
the
temporary
allow
the
temporary
suspension of transfers
suspension of transfers
towards the Member State
towards the Member State
concerned and to provide
concerned and to provide
financial
assistance,
in
financial
assistance,
in
accordance with existing
accordance with existing
EU financial instruments.
EU financial instruments.
ANNEX
23
The temporary suspension
The temporary suspension
of Dublin transfers can
of Dublin transfers can
thus contribute to achieve
thus
contribute
to
a
higher
degree
of
achieving a higher degree
solidarity towards those
of
solidarity
towards
Member
States
facing
those
Member
States
particular pressures on
facing particular pressures
their asylum systems, due
on their asylum systems,
in
particular
to
their
due in particular to their
geographical
or
geographical
or
demographic situation.
demographic situation.
(22)
This
mechanism
of
(25)
The procedure for the (22)
[…]
P
suspension of transfers
suspension of transfers
should be applied also
should
also be applied
Former Recital on Suspension
when
the
Commission
when
the
Commission
considers that the level of
considers that the level of
protection for applicants
protection for applicants
for
international
for
international
protection
in a given
protection
in a given
Member State is not in
Member State is not in
conformity
with
conformity
with
Community legislation on
Community legislation on
asylum, in particular in
asylum, in particular in
terms
of
reception
terms
of
reception
conditions and access to
conditions
, qualification
the asylum procedure, in
for
international
view of ensuring that all
protection and access to
applicants
for
the
asylum
procedure,
international
protection
with a view
to ensuring
benefit from an adequate
that all applicants for
level of protection in all
international
protection
Member States
benefit from an adequate
level of protection in all
ANNEX
24
Member States.
(26)
The procedure for the
P
suspension of transfers is
an exceptional measure
Former Recital on Suspension
to address issues of
particular pressure or
ongoing
protection
concerns.
(27)
The Commission should
P
periodically
review
progress
toward
Former Recital on Suspension
improving the long-term
development
and
harmonisation
of
the
Common
European
Some reflections on reporting of
Asylum System, and the
progress of CEAS and
importance of solidarity.
degree
to
which
solidarity measures and
the availability of a
suspension
procedure
are
facilitating
that
progress, and report on
that progress.
In view of the fact that
the Dublin system was
not intended to be a
mechanism for equitably
sharing responsibilities
with regard to the
examination
of
applications
for
ANNEX
25
international protection,
and that a number of
Member
States
are
particularly exposed to
migratory
flows,
in
particular by virtue of
their
geographical
location, it is essential to
reflect on and propose
legally
binding
instruments to ensure
greater
solidarity
between Member States
and higher standards of
protection.
Such
instruments
should
especially facilitate the
secondment of officials
from
other
Member
States to assist those
Member States which are
faced
with
specific
pressures
and
where
applicants cannot benefit
from adequate standard s
of protection and, where
the reception capacities
of one Member State are
insufficient, facilitate the
resettlement
of
beneficiaries
of
international protection
in other Member States,
providing
that
those
ANNEX
26
concerned consent and
that their fundamental
rights are respected.
(23)
Directive 95/46/EC of the
(28)
Directive 95/46/EC of the (23)
Directive 95/46/EC of the
European Parliament and
European Parliament and
European Parliament and
of the Council of 24
of the Council of 24
of the Council of 24
October 1995 on the
October 1995 on the
October 1995 on the
protection of individuals
protection of individuals
protection of individuals
with
regard
to
the
with
regard
to
the
with
regard
to
the
processing
of personal
processing
of personal
processing
of personal
data and on the free
data and on the free
data and on the free
movement of such data22
movement of such data23
movement of such data24
applies to the processing
applies to the processing
applies to the processing
of personal data by the
of personal data by the
of personal data by the
Member
States
in
Member
States
in
Member
States
in
application
of
this
application
of
this
application
of
this
Regulation.
Regulation.
Regulation.
(24)
The
exchange
of
(29)
The
exchange
of (24)
The
exchange
of
applicant's personal data,
applicant's personal data,
applicant's personal data,
including sensitive data
including sensitive data
including sensitive data
concerning health, to be
concerning health, to be
concerning health, to be
transferred
before
a
transferred
before
a
transferred
before
a
transfer is carried out will
transfer is carried out will
transfer is carried out will
ensure that the competent
ensure that the competent
ensure that the competent
asylum authorities are in a
asylum authorities are in a
asylum authorities are in a
position
to
provide
position
to
provide
position
to
provide
22
OJ L 281, 23.11.1995, p. 31.
23
OJ L 281, 23.11.1995, p. 31.
24
OJ L 281, 23.11.1995, p. 31.
ANNEX
27
applicants with adequate
applicants with adequate
applicants with adequate
assistance and to ensure
assistance and to ensure
assistance and to ensure
continuity
in
the
continuity
in
the
continuity
in
the
protection
and
rights
protection
and
rights
protection
and
rights
afforded to them. Special
afforded to them. Special
afforded to them. Special
provision should be made
provision should be made
provision should be made
to ensure the protection of
to ensure the protection of
to ensure the protection of
data relating to applicants
data relating to applicants
data relating to applicants
involved in this situation,
involved in this situation,
involved in this situation,
in
conformity
with
in
conformity
with
in
conformity
with
Directive 95/46/EC.
Directive 95/46/EC.
Directive 95/46/EC.
(25)
The application of this
(30)
The application of this (25)
The application of this T
Regulation
can
be
Regulation
can
be
Regulation
can
be
facilitated,
and
its
facilitated,
and
its
facilitated,
and
its
effectiveness
increased,
effectiveness
increased,
effectiveness
increased,
by bilateral arrangements
by bilateral arrangements
by bilateral arrangements
between Member States
between Member States
between Member States
for
improving
for
improving
for
improving
communications between
communication
between
communications between
competent
departments,
competent
departments,
competent
departments,
reducing time limits for
reducing time limits for
reducing time limits for
procedures or simplifying
procedures or simplifying
procedures or simplifying
the processing of requests
the processing of requests
the processing of requests
to take charge or take
to take charge or take
to take charge or take
back,
or
establishing
back,
or
establishing
back,
or
establishing
procedures
for
the
procedures
for
the
procedures
for
the
performance of transfers.
performance of transfers.
performance of transfers.
(26)
Continuity between the
(31)
Continuity between the (26)
Continuity between the
ANNEX
28
system for determining
system for determining
system for determining
the
Member
State
the
Member
State
the
Member
State
responsible established by
responsible established by
responsible established by
the
Dublin
Convention
the Regulation (EC) No
the
Dublin
Convention
Regulation (EC)
No
343/2003 and the system
Regulation (EC)
No
343/2003
and
the
established
by
this
343/2003
and
the
system established by this
Regulation
should
be
system established by this
Regulation
should
be
ensured.
Similarly,
Regulation
should
be
ensured.
Similarly,
consistency
should
be
ensured.
Similarly,
consistency
should
be
ensured
between
this
consistency
should
be
ensured
between
this
Regulation
and
ensured
between
this
Regulation and Council
Regulation
(EC)
No
Regulation and Council
Regulation
(EC)
No
║.../…║
of the European
Regulation
(EC)
No
2725/2000
of
11
Parliament and of the
2725/2000
of
11
December
2000[.../…]
Council of ... [concerning
December
2000[.../…]
[concerning
the
the
establishment
of
[concerning
the
establishment
of
"
Eurodac"
for
the
establishment
of
"Eurodac
EURODAC"
comparison
of
"Eurodac
EURODAC"
for the comparison of
fingerprints
for
the
for the comparison of
fingerprints
for
the
effective application of ║
fingerprints
for
the
effective application of
Regulation
(EC) No .../...
effective application of
the
Dublin
Convention
establishing the criteria
the
Dublin
Convention
25 Regulation ].
and
mechanisms
for
27 Regulation ].
determining the Member
State
responsible
for
examining an applicatio n
for
international
protection lodged in one
of the Member States by a
25
OJ L 316, 15.12.2000, p.1
ANNEX
29
third-country national or
a stateless person]
26.
(27)
The operation of the
(32)
The operation of the (27)
The operation of the
Eurodac
EURODAC
Eurodac
system,
as
Eurodac
EURODAC
system, as established by
established by Regulation
system, as established by
Regulation
(EC)
No
(EC)
No
║…/…║
Regulation
(EC)
No
2725/2000
[…/…]
[concerning
the
2725/2000
[…/…]
[concerning
the
establishment
of
[concerning
the
establishment
of
"
Eurodac"
for
the
establishment
of
"EURODAC"
for
the
comparison
of
"EURODAC"
for
the
comparison
of
fingerprints
for
the
comparison
of
fingerprints
for
the
effective application of ║
fingerprints
for
the
effective application of
Regulation
(EC) No .../...
effective application of
the
Dublin
establishing the criteria
the
Dublin
Regulation]
and
in
and
mechanisms
for
Regulation]
and
in
particular
the
determining the Member
particular
the
implementation
of
State
responsible
for
implementation
of
Articles 4 6 and 8 10
examining an applicatio n
Articles 4 6 and 8 10
contained therein should
for
international
contained therein should
facilitate
the
protection lodged in one
facilitate
the
implementation applic
of the Member States by a
implementation applic
ation
of
this
third-country national or
ation
of
this
Regulation.
a stateless person] and in
Regulation.
particular
the
implementation
of
Articles 6 and 10
thereof should
facilitate
the
application
of
this
27
OJ L 316, 15.12.2000, p.1
26
OJ L ...
ANNEX
30
Regulation.
(28)
The operation of the Visa
(33)
The operation of the Visa (28)
The operation of the Visa
Information System, as
Information System, as
Information System, as
established by Regulation
established by Regulation
established by Regulation
(EC) No 767/2008 of the
(EC) No 767/2008 of the
(EC) No 767/2008 of the
European Parliament and
European Parliament and
European Parliament and
of the Council of 9 July
of the Council of 9 July
of the Council of 9 July
2008 concerning the Visa
2008 concerning the Visa
2008 concerning the Visa
Information System (VIS)
Information System (VIS)
Information System (VIS)
and the exchange of data
and the exchange of data
and the exchange of data
between Member States
between Member States
between Member States
on short-stay visas28, and
on short-stay visas29, and
on short-stay visas30, and
in
particular
the
in
particular
the
in
particular
the
implementation
of
implementation
of
implementation
of
Articles
21
and
22
Articles
21
and
22
Articles
21
and
22
contained therein should
thereof, should facilitate
contained therein should
facilitate the application
the application of this
facilitate the application
of this Regulation.
Regulation.
of this Regulation.
(29)
With
respect
to
the
(34)
With
respect
to
the (29)
With
respect
to
the T (and at the end P amendment in
treatment
of
persons
treatment
of
persons
treatment
of
persons
white part)
falling within the scope of
falling within the scope of
falling within the scope of
this Regulation, Member
this Regulation, Member
this Regulation, Member
States
are
bound
by
States
are
bound
by
States
are
bound
by
obligations
under
obligations
under
their
obligations
28
OJ L 218, 13.8.2008, p. 60.
29
OJ L 218, 13.8.2008, p. 60.
30
OJ L 218, 13.8.2008, p. 60.
ANNEX
31
instruments
of
instruments
of
under
instruments
of
international law to which
international law to which
international
law
,
they are party.
they are party.
including
the
relevant
case-law of the European
Court
of
Human
Rights. […]
(30)
The measures necessary
(35)
The measures necessary (30)
[…] In order to
for the implementation of
for the implementation of
ensure uniform conditions
this Regulation should be
this Regulation should be
for the implementation of
adopted in accordance
adopted in accordance
this
Regulation,
with
Council
Decision
with
Council
Decision
implementing
powers
1999/468/EC of 28 June
1999/468/EC of 28 June
should be conferred on
1999 laying down the
1999 laying down the
the Commission. Those
procedures
for
the
procedures
for
the
powers
should
be
exercise of implementing
exercise of implementing
exercised in accordance
powers conferred on the
powers conferred on the
with Regulation (EU) No
Commission31.
Commission32.
182/2011.
of
the
European Parliament and
of the Council of 16
February 2011 laying
down […] the
rules
and
general
principles
concerning
mechanisms for control
by the Member States
of
the
Commission
’s
exercise
of
implementing powers .
(31)
As
regards Regulation
(36)
In
particular,
the (31)
[…]
The
COMITOLOGY
31
OJ L 184, 17.7.1999, p. 23.
32
OJ L 184, 17.7.1999, p. 23.
ANNEX
32
(EC) No 343/2003
, In
Commission
should
be
examination
procedure
COMITOLOGY
particular,
the
empowered to adopt the
should be used for the
Commission
should
be
conditions and procedures
adoption
of
an
empowered to adopt the
for
implementing
the
information
leaflet
on
conditions and procedures
provisions
regarding
Dublin/Eurodac,
of
for the implementing of
unaccompanied
minors
procedures related to the
the humanitarian clause
and the reunification of
implementation
of
the
provisions
dependent relatives and to
measures concerning the
regarding unaccompanied
adopt
the
criteria
reunification
of
minors
and
the
necessary for carrying out
unaccompanied
minors
reunification of dependent
transfers.
Since
those
with
relatives
and
relatives and to adopt
measures are of general
dependent persons with
the criteria necessary for
scope and are designed to
relations […] , of
carrying
out
transfers.
amend
non-essential
procedures for preparing
Since those measures are
elements
of
this
and
transmitting
take
of general scope and are
Regulation
by
charge and take back
designed to amend non-
supplementing
it
with
requests, of establishing
essential
elements
of
new
non-essential
and revising the two lists
this
Regulation
elements, they must be
indicating the elements of
(EC) No 343/2003 by
adopted in accordance
proof regarding a take
supplementing
it
with
with
the
regulatory
charge request, the design
new
non-essential
procedure with scrutiny
of the laissez-passer, the
elements, they must be
provided for in Article 5a
procedures for carrying
adopted in accordance
of Decision 1999/468/EC.
out transfers and meeting
with
the
regulatory
their costs, drawing a
procedure with scrutiny
standard form of data
provided for in Article 5a
exchange, the practical
of Decision 1999/468/EC.
arrangements
on
the
transfer of health data, the
rules
relating
to
the
establishment of secure
electronic
transmission
channels for all written
correspondence,
given
ANNEX
33
that those acts are of
general scope.
(32)
The measures necessary
(37)
The measures necessary (32)
The measures necessary
for the implementation of
for the implementation of
for the implementation of
Regulation
(EC)
No
Regulation
(EC)
No
Regulation
(EC)
No
343/2003
have
been
343/2003
have
been
343/2003
have
been
adopted
by
Regulation
adopted
by
Regulation
adopted
by
Regulation
(EC)
No
1560/2003.
(EC)
No
1560/2003.
(EC)
No
1560/2003.
Certain
provisions
of
Certain
provisions
of
Certain
provisions
of
Regulation
(EC)
No
Regulation
(EC)
No
Regulation
(EC)
No
1560/2003
should
be
1560/2003
should
be
1560/2003
should
be
incorporated
into
this
incorporated
into
this
incorporated
into
this
Regulation, for reasons of
Regulation, for reasons of
Regulation, for reasons of
clarity or because they
clarity or because they
clarity or because they
can
serve
a
general
can
serve
a
general
can
serve
a
general
objective. In particular, it
objective. In particular, it
objective. In particular, it
is important both for the
is important both for the
is important both for the
Member States and the
Member States and
for
Member States and the
asylum
seekers
the
asylum
seekers
asylum
seekers
concerned,
that
there
concerned
that
there
concerned,
that
there
should
be
a
general
should
be
a
general
should
be
a
general
mechanism for finding a
mechanism for finding a
mechanism for finding a
solution in cases where
solution in cases where
solution in cases where
Member States differ over
Member States differ over
Member States differ over
the
application
of
a
the
application
of
a
the
application
of
a
provision
of
this
provision
of
this
provision
of
this
Regulation. It is therefore
Regulation. It is therefore
Regulation. It is therefore
justified
to
incorporate
justified
to
incorporate
justified
to
incorporate
the mechanism provided
the mechanism provided
the mechanism provided
for in Regulation (EC) No
for in Regulation (EC) No
for in Regulation (EC) No
1560/2003 for the settling
1560/2003 for the settling
1560/2003 for the settling
of
disputes
on
the
of
disputes
on
the
of
disputes
on
the
humanitarian clause into
humanitarian clause into
humanitarian clause into
ANNEX
34
this Regulation and to
this Regulation and to
this Regulation and to
extend its scope to the
extend its scope to the
extend its scope to the
whole of this Regulation.
whole of this Regulation.
whole of this Regulation.
(33)
The
effective
(38)
The effective monitoring (33)
The
effective
monitoring
of
Tthe
of the application of this
monitoring
of
Tthe
application
of
the
Regulation requires that it
application
of
the
this
Regulation
be evaluated at regular
this
Regulation
should requires that
intervals.
should requires that
it be evaluated at
it be evaluated at
regular intervals.
regular intervals.
(34)
The
This
(39)
This Regulation respects (34)
The
This T or P (minor) : deletion of ‘to
Regulation
the
fundamental
rights
Regulation
promote’
observes respects
and observes the
the
observes respects
the
fundamental
rights
principles
which
are
the
fundamental
rights
and observes the
acknowledged
in
and observes the
the principles which are
particular in the Charter
the principles which are
acknowledged
in
of Fundamental Rights of
acknowledged
in
particular in the Charter
the European Union║. In
particular in the Charter
of Fundamental Rights of
particular, this Regulation
of Fundamental Rights of
the European Union33. In
seeks
to
ensure
full
the European Union34. In
particular, this
observance of the right to
particular, this
Regulation it seeks to
asylum
guaranteed
by
Regulation it seeks to
ensure full observance of
Article 18 and to promote
ensure full observance of
the
right
to
asylum
the application of Articles
the
right
to
asylum
guaranteed by Article 18
1, 4, 7, 24 and 47 of the
guaranteed by Article 18
and to promote the
Charter and
should be
and […] the
application of Articles 1,
applied accordingly.
rights recognized by
4, 7, 24 and 47 of the said
Articles 1, 4, 7, 24 and
Charter and has to be
47 of the said Charter and
33
OJ C 364, 18.12.2000, p. 1.
34
OJ C 364, 18.12.2000, p. 1.
ANNEX
35
applied accordingly .
[…] should be
applied accordingly .
(35)
Since the objective of the
(40)
Since the objective of
this (35)
Since the objective of the
proposed
measure,
Regulation, namely the
proposed
measure,
namely the establishment
establishment of criteria
namely the establishment
of
criteria
and
and
mechanisms
for
of
criteria
and
mechanisms
for
determining the Member
mechanisms
for
determining the Member
State
responsible
for
determining the Member
State
responsible
for
examining an application
State
responsible
for
examining
an
asylum
for
international
examining
an
asylum
application
for
protection lodged in one
application
for
international protection
of the Member States by a
international protection
lodged in one of the
third-country national or a
lodged in one of the
Member States by a third-
stateless person, cannot
Member States by a third-
country national or a
be sufficiently achieved
country national or a
stateless person , cannot
by the Member States
stateless person , cannot
be sufficiently achieved
and, given
its scale and
be sufficiently achieved
by the Member States
effects, can therefore be
by the Member States
and, given the scale and
better
achieved
at
and, given the scale and
effects, can therefore be
Community
level,
the
effects, can therefore be
better
achieved
at
Community may adopt
better
achieved
at
Community
level,
the
measures in accordance
Community
level,
the
Community may adopt
with
the
principle
of
Community may adopt
measures in accordance
subsidiarity as set out in
measures in accordance
with
the
principle
of
Article 5 of the Treaty. In
with
the
principle
of
subsidiarity as set out in
accordance
with
the
subsidiarity as set out in
Article 5 of the Treaty. In
principle
of
Article 5 of the Treaty. In
accordance
with
the
proportionality, as set out
accordance
with
the
principle
of
in
that
Article,
this
principle
of
proportionality, as set out
Regulation does not go
proportionality, as set out
in
that
Article,
this
beyond what is necessary
in
that
Article,
this
Regulation does not go
in order to achieve that
Regulation does not go
beyond what is necessary
beyond what is necessary
ANNEX
36
in order to achieve that
objective
,
in order to achieve that
objective.
objective.
[…]
[…]
In accordance with Article 3 of the
In accordance with Article 3 of the
Protocol on the position of the
Protocol on the position of the
United
Kingdom
and
Ireland,
United
Kingdom
and
Ireland,
annexed to the Treaty on European
annexed to the Treaty on European
Union
and
to
the
Treaty
Union
and
to
the
Treaty
establishing
the
European
establishing
the
European
Community, the United Kingdom
Community, the United Kingdom
and Ireland gave notice, by letters
and Ireland gave notice, by letters
of 30 October 2001, of their wish
of 30 October 2001, of their wish
to take part in the adoption and
to take part in the adoption and
application of this Regulation.
application of this Regulation.
In accordance with Article 3
and Article 4a(1) of the Protocol
No 21 on the Position of the
United Kingdom and Ireland in
respect of the Area of Freedom,
Security and Justice, annexed to
the Treaty on European Union and
to the Treaty on the Functioning of
the
European
Union,
these
Member States have notified their
wish to take part in the adoption
and application of the present
Regulation
ANNEX
37
In accordance with Articles 1 and
In accordance with Articles 1 and
2 of the Protocol on the position of
2 of the Protocol on the position of
Denmark, annexed to the Treaty
Denmark, annexed to the Treaty
on European Union and to the
on European Union and to the
Treaty establishing the European
Treaty establishing the European
Community, Denmark does not
Community, Denmark does not
take part in the adoption of this
take part in the adoption of this
Regulation and is not bound by it
Regulation and is not bound by it
nor subject to its application.
nor subject to its application.
In accordance with Articles 1
and 2 of the 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 Regulation
and is not bound by it or subject to
its application
The Dublin Convention remains in
The Dublin Convention remains in
force and continues to apply
force and continues to apply
between
Denmark
and
the
between
Denmark
and
the
Member States that are bound by
Member States that are bound by
this Regulation until such time an
this Regulation until such time an
agreement
allowing
Denmark's
agreement
allowing
Denmark's
participation in the Regulation has
participation in the Regulation has
been concluded.
been concluded.
HAVE ADOPTED
THIS HAVE ADOPTED
THIS HAVE ADOPTED
THIS
REGULATION:
REGULATION:
REGULATION:
ANNEX
38
CHAPTER I
CHAPTER I
CHAPTER I
SUBJECT-MATTER AND
SUBJECT-MATTER AND
SUBJECT-MATTER AND
DEFINITIONS
DEFINITIONS
DEFINITIONS
Article 1
Article 1
Article 1
Subject-matter
Subject-matter
Subject-matter
This Regulation lays down the This Regulation lays down the This Regulation lays down the
criteria
and
mechanisms
for criteria
and
mechanisms
for criteria
and
mechanisms
for
determining the Member State determining the Member State determining the Member State
responsible
for
examining
an responsible
for
examining
an responsible
for
examining
an
application
for application
for
international application
for
asylum international
protection lodged in one of the asylum international
protection lodged in one of the Member States by a third-country protection lodged in one of the
Member States by a third-country national or a stateless person.
Member States by a third-country
national or a stateless person .
national or a stateless person .
Article 2
Article 2
Article 2
Definitions
Definitions
Definitions
For
the
purposes
of
this For
the
purposes
of
this For
the
purposes
of
this
Regulation:
Regulation:
Regulation:
(a)
"third-country
national" (a)
"third-country
national" (a)
"third-country
national" T (check been done by legal
means anyone any
means any person who is
means anyone any
service)
person who is not a
not a citizen of the Union
person who is not a
ANNEX
39
citizen
of
the
Union
within the meaning of
citizen
of
the
Union
within the meaning of
Article
17(1)
of
the
within the meaning of
Article
17(1)
of
the
Treaty ║and who is not a
Article
17(1)
of
the
Treaty establishing the
person
enjoying
the
Treaty establishing the
European
Community
Community right of free
European
Community
and who is not a
movement, as defined in
and
who
is
not
person
enjoying
the
Article 2(5) of Regulation
[…] national of a
Community right of free
(EC) No 562/2006 of the
state which participates in
movement, as defined in
European Parliament and
this Regulation by virtue
Article 2(5) of Regulation
of the Council36;
of an agreement with the
(EC) No 562/2006 of the
European Community.
European Parliament and
;
of the Council35 ;
(b)
"Geneva
Convention"
(b)
"Geneva
Convention"
means the Convention of
means the Convention of
28 July 1951 relating to
28 July 1951 relating to
the status of refugees, as
the status of refugees, as
amended by the New
amended by the New
York
Protocol
of 31
York
Protocol
of 31
January 1967;
January 1967;
(c) "application for asylum" means
(c) "application for asylum" means
the application made by a
the application made by a
third-country
national
third-country
national
which can be understood
which can be understood
as
a
request
for
as
a
request
for
international
protection
international
protection
from a Member State,
from a Member State,
under
the
Geneva
under
the
Geneva
Convention.
Any
Convention.
Any
35
OJ L 105, 13.4.2006, p.1.
36
OJ L 105, 13.4.2006, p.1.
ANNEX
40
application
for
application
for
international protection is
international protection is
presumed
to
be
an
presumed
to
be
an
application
for asylum,
application
for asylum,
unless
a
third-country
unless
a
third-country
national
explicitly
national
explicitly
requests another kind of
requests another kind of
protection that can be
protection that can be
applied for separately;
applied for separately;
(b)
"application
for (b)
"application
for (b)
"application
for T change to be done in reference
international
protection"
international
protection"
international
protection"
to QD
means an application for
means an application for
means an application for
international protection as
international protection as
international protection as
defined in Article 2(g) of
defined in Article 2(g) of
defined in Article 2(g) of
Directive 2004/83/EC;
Directive 2004/83/EC;
Directive 2004/83/EC;
(c)(d)
"applicant"
or
"asylum (c)
"applicant"
or
"asylum (c)(d)
"applicant"
or
"asylum
seeker" means a third
seeker" means a third
seeker" means a third
country national or a
country national or a
country national or a
stateless person who
stateless person who has
stateless person who
has made an application
made an application for
has made an application
for
asylum
international protection in
for
asylum
international
respect of which a final
international
protection in respect of
decision has not yet been
protection in respect of
which a final decision has
taken;
which a final decision has
not yet been taken;
not yet been taken;
(d)(e)
"examination
of
an (d)
"examination
of
an (d)(e)
"examination
of
an T
asylum application for
application
for
asylum application for
international
international
protection"
international
protection " means any
means any examination
protection " means any
examination
of,
or
of, or decision or ruling
examination
of,
or
decision
or
ruling
concerning,
an
decision
or
ruling
ANNEX
41
concerning,
an
application
for
concerning,
an
application
for
asylum
international
protection
application
for
asylum
international
by
the
competent
international
protection
by
the
authorities in accordance
protection
by
the
competent authorities in
with Council Directive
competent authorities in
accordance with national
2005/85/EC38, except for
accordance with national
law Council Directive
procedures
for
law Council Directive
2005/85/EC37,
except
determining the Member
2005/85/EC39
and
for
procedures
for
State
responsible
in
Directive
determining the Member
accordance
with
this
2004/83/EC , except
State
responsible
in
Regulation, and Directive
for
procedures
for
accordance
with
this
2004/83/EC;
determining the Member
Regulation
, and
State
responsible
in
Directive 2004/83/EC ;
accordance
with
this
Regulation
[…] ;
(e)(f)
"withdrawal
of (e)
"withdrawal
of
an (e)(f)
"withdrawal
of
the an
asylum
application
for
the an
asylum
application
for
international
protection"
application
for
international protection
means the actions by
international protection
" means the actions by
which
the
applicant
" means the actions by
which the applicant for
terminates the procedures
which the applicant for
asylum
terminates
the
initiated
by
the
asylum
terminates
the
procedures initiated by
submission
of
his/her
procedures initiated by
the submission of his/her
application
for
the submission of his/her
application
for
asylum
international
application
for
asylum
international
protection, in accordance
international
protection
, in
with
Directive
protection
, in
accordance with national
2005/85/EC,
either
accordance with national
37
OJ L 326, 13.12.2005, p.13.
38
OJ L 326, 13.12.2005, p. 13.
39
OJ L 326, 13.12.2005, p.13.
ANNEX
42
law
Directive
expressly or
impliedly;
law
Directive
2005/85/EC,
either
2005/85/EC,
either
explicitly or tacitly;
explicitly or tacitly;
(f)(g)
"refugee
person (f)
"person
granted (f)(g)
"refugee
person T
granted
international
international
protection"
granted
international
protection " means any
means
a
third-country
protection " means any
a
third-country
national or a stateless
a
third-country
national or a stateless
person recognised
as
national or a stateless
person recognised as in
being
in
need
of
person recognised
as
need
of
international
international protection as
[…] entitled to
protection as defined in
defined in Article 2(a) of
international protection as
Article 2(a) of Directive
Directive 2004/83/EC;
defined in Article 2(a) of
2004/83/EC qualifying
Directive
for the status defined by
2004/83/EC qualifying
the Geneva Convention
for the status defined by
and authorised to reside
the Geneva Convention
as such on the territory of
and authorised to reside
a Member State;
as such on the territory of
a Member State;
(g)
“minor” means a third- (g)
"minor
" means a third-
Corresponding to point (h) in
country national or a
country national or a
Council text. No change.
stateless person below the
stateless person below the
age of 18 years;
age of 18 years;
(h)
"unaccompanied
minor" (h)
"unaccompanied
minor"
Corresponding to point (i) in
means unmarried persons
means
a
minor
who
Council text.
below
the
age
of
arrives in the territory of
eighteen a
minor
the
Member
States
P change.
who
arrive
unaccompanied
by
an
arrives
in
the
adult
responsible
for
ANNEX
43
territory of the Member
him/her whether by law
States unaccompanied by
or by custom, and for as
an adult responsible for
long as
he/she is not
them whether by law or
effectively taken into the
by custom, and for as
care of such a person; it
long as they are not
includes minors who are
effectively taken into the
left unaccompanied after
care of such a person; it
they have entered the
includes minors who are
territory
of
Member
left unaccompanied after
States;
they have entered the
territory of the Member
States;
(i)
"family members" means, (i)
"family members" means, […] (g)
"family
P
insofar as the family
insofar as the family
members" means, insofar
already existed in the
already existed in the
as the family already Council
text
adopted
Family
country of origin, the
country of origin, the
existed in the country of
Member definition of QD.
following members of the
following members of the
origin,
the
following
Parts lost in comparison
applicant's family who are
applicant's family who are
members
of
the
to
COM
proposal:
present in the territory of
present in the territory of
applicant's family who are
married minor children
the Member States:
the Member States:
present in the territory of
the
minor
(un)married
the Member States:
siblings when the
(i)
the spouse of the
–
the spouse of the
(i) the spouse of the
applicant is a minor and
asylum seeker or his
asylum seeker or
asylum seeker or his
(un)married.
or her unmarried
his or her unmarried
or her unmarried
partner in a stable
partner in a stable
partner in a stable
relationship, where
relationship, where
relationship, where
the
legislation or
the
legislation or
the
legislation or
practice
of
the
practice
of
the
practice
of
the
Member
State
Member
State
Member
State
concerned
treats
concerned
treats
concerned
treats
unmarried
couples
unmarried
couples
unmarried
couples
ANNEX
44
in
a
way
in
a
way
in
a
way
comparable
to
comparable
to
comparable
to
married
couples
married
couples
married
couples
under
its
law
under
its
law
under
its
law
relating to aliens;
relating
to
relating
to
foreigners;
[…]
third
country
nationals;
(ii)
the minor children
–
the minor children
(ii)
the
minor
of couples referred
of couples referred
children of couples
to in point (i) or of
to in
the first indent
referred to in point
the
applicant, on
or of the applicant,
(i)
or
of
the
condition that they
on condition that
applicant,
on
are unmarried and
they are unmarried
condition that they
dependent
and
and regardless of
are
unmarried
regardless
of
whether they were
[…]
and
whether they were
born in or out of
regardless
of
born in or out of
wedlock or adopted
whether they were
wedlock or adopted
as defined under the
born in or out of
as defined under the
national law;
wedlock or adopted
national law;
as defined under the
national law;
[…]
(iii) the married minor
–
the married minor
(iii)
when
the
children of couples
children of couples
applicant is a minor
referred to in point
referred to in
the
and unmarried the
(i)
or
of
the
first indent or of the
father, mother or
applicant,
applicant,
another
adult
regardless
of
regardless
of
[…]
whether they were
whether they were
responsible for the
born in or out of
born in or out of
[…] him/her
ANNEX
45
wedlock or adopted
wedlock or adopted
whether
by
as defined under the
as defined under the
[…] law or
national law, where
national law
and
[…] by the
it is in their best
provided they are
national practice of
interests to reside
not
accompanied
the Member State
with the applicant;
by their spouses,
where the adult is
where it is in their
present,
best
interests
to
[…]
reside
with
the
applicant;
(iv)(iii)
the
father,
–
the father, mother
(iv)
when
the
mother or guardian
or guardian of the
person
granted
when of the
applicant when the
international
applicant or refugee
applicant is a minor
protection
is
a
when
the
and unmarried, or
minor
and
latter is a minor
when he
/she is a
unmarried
the
and
unmarried,
minor and married
father, mother or
or when he is a
and
not
another
adult
minor and married
accompanied
by
responsible
for
but it is in his/her
his/her spouse but
[…] him/her
best
interests
to
it is in his/her best
by law or by the
reside with his/her
interests to reside
national practice of
father, mother or
with his/her father,
the Member State
guardian ;
mother or guardian;
where the person
granted
international
protection
is
present
[…]
(v)
the
minor
–
the
minor
[…]
unmarried
siblings
unmarried
siblings
of
the
applicant,
of
the
applicant,
ANNEX
46
when the latter is a
when the
applicant
minor
and
is
a minor and
unmarried, or when
unmarried, or when
the
applicant
or
the
applicant
or
his/her siblings are
his/her siblings are
minors and married
minors and married
but it is in the best
and
not
interests of one or
accompanied
by
more of them that
his/her spouse but
they reside together;
it is in the best
interests of one or
more of them that
they reside together;
[…]
ga) “relative”
[…] P
means,
the
following
persons who are present Before: in Article 11 – No
in the territory of the
definition. ‘a relative’
Member States:
-
[…]
-
the adult aunt/uncle or
[…] -grandparent of
the applicant who has
previously
been
responsible
for
the
applicant’s care;
regardless of whether
ANNEX
47
they were born in or out
of wedlock or adopted as
defined
under
national
law.
[…]
[…]
[…]
gb) “a
relation
[…]
means,
the
following
persons who are present
in the territory of the
Member States:
-
the
child,
sibling or parent
of the applicant
[…] ;
[…]
regardless of whether
they were born in or out
of wedlock or adopted as
defined
under
national
law.
[…]
[…]
ANNEX
48
[…]
[…] (h) “minor”
Corresponding to point (g) in
means a
third-country
COM and EP text. No
national or a stateless
change.
person below the age of
18 years;
[…] (i)
Corresponding to point (h) in
"unaccompanied minor"
COM and EP text.
means unmarried persons
below the age of
P change: ‘unmarried’
eighteen an
unmarried […]
minor who arrive
arrives in the
territory of the Member
States unaccompanied by
an adult responsible for
[…] him/her
whether by law or by
the national practice of
the Member State
concerned […] ,
and for as long as
[…] he/she
[…] is not
effectively taken into the
care of such a person; it
includes minors who are
left unaccompanied after
they have entered the
territory of the Member
ANNEX
49
States;
[…]
[…]
[…] (j)
P
"representative"
means
[…] a
person or an organisation
appointed
by
the
competent
bodies
[…] […]
[…]
[…]
[…] in order to
assist and represent the
unaccompanied minor in
procedures provided for
in this Regulation with a
view
to ensuring the
child's best interests and
exercising legal capacity
for
the
minor where
necessary.
Where
an
organisation
[…] is
appointed
as
a
representative,
it
shall
[…] designate a
person
responsible
for
carrying out the […]
duties of this organisation
in respect of the minor, in
accordance
with
this
ANNEX
50
Regulation.
(j)
"residence
document" (j)
"residence
document" […] (k)
"residence
means any authorisation
means any authorisation
document"
means
any
issued by the authorities
issued by the authorities
authorisation issued by
of
a
Member
State
of
a
Member
State
the
authorities
of
a
authorising
a
third-
authorising
a
third-
Member State authorising
country national or a
country national or a
a third-country national
stateless person to stay
stateless person to stay in
or a stateless person
in its territory, including
its territory, including the
to stay in its territory,
the
documents
documents substantiating
including the documents
substantiating
the
the
authorisation
to
substantiating
the
authorisation to remain in
remain in the territory
authorisation to remain in
the
territory
under
under
temporary
the
territory
under
temporary
protection
protection
arrangements
temporary
protection
arrangements or until the
or until the circumstances
arrangements or until the
circumstances preventing
preventing
a
removal
circumstances preventing
a removal order from
order from being carried
a removal order from
being
carried
out
no
out no longer apply, with
being
carried
out
no
longer apply, with the
the exception of visas and
longer apply, with the
exception of visas and
residence
authorisations
exception of visas and
residence
authorisations
issued during the period
residence
authorisations
issued during the period
required to determine the
issued during the period
required to determine the
responsible Member State
required to determine the
responsible Member State
as established in this
responsible Member State
as established in this
Regulation
or
during
as established in this
Regulation
or
during
examination
of
an
Regulation
or
during
examination
of
an
application
for
examination
of
an
application
for
asylum
international protection or
application
for
asylum
international
an
application
for
a
international
protection
or
an
residence permit;
protection
or
an
application
for
a
application
for
a
residence permit;
residence permit;
ANNEX
51
(k)
"visa"
means
the (k)
"visa"
means
the […] (l)
"visa" means T
authorisation or decision
authorisation or decision
the
authorisation
or
of
a
Member
State
of
a
Member
State
decision of a Member (will be checked by the relevant
required for transit or
required for transit or
State required for transit
services)
entry for an intended stay
entry for an intended stay
or entry for an intended
in that Member State or in
in that Member State or in
stay in that Member State
several Member States.
several Member States.
or in several Member
The nature of the visa
The nature of the visa
States. The nature of the
shall be determined in
shall be determined in
visa shall be determined
accordance
with
the
accordance
with
the
in accordance with the
following definitions:
following definitions:
following definitions:
(i)
"long-stay
visa"
(i)
"long-stay
visa"
(i)
"long-stay
visa"
means
the
means
the
means
[…]
authorisation
or
authorisation
or
an
decision
of
a
decision
of
a
authorisation
or
Member
State
Member
State
decision
issued
required for entry
required for entry
by […] one of
for an intended stay
for an intended stay
the
[…]
in
that
Member
in
that
Member
Member […]
State of more than
State of more than
States
in
three months;
three months;
accordance with its
national law or EU
law
[…]
required for entry
for an intended stay
in
that
Member
State of more than
three months;
(ii)
"short-stay
visa"
(ii) "short-stay
visa"
(ii)
"short-stay
visa"
ANNEX
52
means
the
means
the
means
[…]
authorisation
or
authorisation
or
an
decision
of
a
decision
of
a
authorisation
or
Member
State
Member
State
decision
of
a
required for entry
required for entry
Member
State
for an intended stay
for an intended stay
with a view to
in that State or in
in
that
Member
transit through or an
several
Member
State or in several
intended stay in the
States for a period
Member States for a
territory of one,
whose total duration
period whose total
more or all the
does
not exceed
duration does not
Member States of a
three months;
exceed
three
duration of no more
months;
than three months
in any six-month
period from the date
of first entry in the
territory
of
the
Member States;
[…]
(iii) "transit visa" means
(iii) "transit visa" means
[…]
the authorisation or
the authorisation or
decision
of
a
decision
of
a
Member State for
Member State for
entry
for
transit
entry
for
transit
through the territory
through the territory
of
that
Member
of
that
Member
State
or
several
State
or
several
Member
States,
Member
States,
except for transit at
except for transit at
an airport;
an airport;
(iv) "airport transit visa"
(iv) "airport transit visa"
[…]
(iii)
means
the
means
the
"airport
ANNEX
53
authorisation
or
authorisation
or
transit visa" means
decision allowing a
decision allowing a
[…] a visa
third-country
third-country
valid
for
transit
national specifically
national specifically
through
the
subject
to
this
subject to
such a
international transit
requirement to pass
requirement to pass
areas of one or
through the transit
through the transit
more airports, of the
zone of an airport,
zone of an airport,
Member States.
without
gaining
without
gaining
[…]
access
to
the
access
to
the
national territory of
national territory of
the Member State
the Member State
concerned, during a
concerned, during a
stopover
or
a
stopover
or
a
transfer
between
transfer
between
two sections of an
two
legs of an
international flight;
international flight;
(l)
"risk
of
absconding" (l)
"risk
of
absconding" […]
P (deletion)
means the existence of
means the existence of
reasons in an individual
reasons in an individual
case, which are based on
case, which are based on
objective criteria defined
objective criteria defined
by law, to believe that an
by law, to believe that an
applicant
or
a
third-
applicant
or
a
third-
country national or a
country national or a
stateless person who is
stateless person who is
subject
to
a transfer
subject
to
a transfer
decision may abscond.
decision may abscond.
ANNEX
54
CHAPTER II
CHAPTER II
CHAPTER II
GENERAL PRINCIPLES
GENERAL PRINCIPLES AND
GENERAL PRINCIPLES
AND SAFEGUARDS
SAFEGUARDS
AND SAFEGUARDS
Article 3
Article 3
Article 3
Access to the procedure for
Access to the procedure for
Access to the procedure for
examining an application for
examining an application for
examining an application for
international protection
international protection
international protection
1.
Member
States
shall
1.
Member
States
shall
examine
the any 1.
Member
States
shall
examine
the any
application
for
examine any application
application
for
international protection
for
international
international protection
of any by a third-
protection by a third-
of any by a third-
country national or a
country national or a
country national or a
stateless person who
stateless
person
who
stateless person who
applies on the territory
applies on the territory of
applies on the territory
of any one of them,
any
one
of
them,
of any one of them,
including
at
the
including at the border or
including
at
the
border or in the transit
in
a transit
zone. The
border or in the transit
zones their territory to
application
shall
be
zones their territory to
any one of them for
examined by a single
any one of them for
asylum. The application
Member
State,
which
asylum. The application
shall be examined by a
shall be the one which the
shall be examined by a
single
Member
State,
criteria set out in Chapter
single
Member
State,
which shall be the one
III of this Regulation
which shall be the one
which the criteria set out
indicate is responsible.
which the criteria set out
in Chapter III of this
in Chapter III of this
Regulation indicate is
Regulation indicate is
ANNEX
55
responsible.
responsible.
2.
Where no Member State 2.
Where no Member State 2.
Where no Member State
responsible for examining
responsible for examining
responsible for examining
the
application
for
the
application
for
the
application
for
international
international
protection
international
protection asylum can
can be designated on the
protection asylum can
be designated on the basis
basis of the criteria listed
be designated on the basis
of the criteria listed in this
in this Regulation, the
of the criteria listed in this
Regulation,
the
first
first Member State with
Regulation,
the
first
Member State with which
which
the
application
Member State with which
the application for asylum
for international
the application for asylum
international
protection
is lodged shall
international
protection was lodged
be
responsible
for
protection was lodged
shall be responsible for
examining it.
shall be responsible for
examining it.
examining it.
3.
Any Member State shall 3.
Any Member State shall 3.
Any Member State shall
retain the right, pursuant
retain the right to send an
retain the right, pursuant
to its national laws, to
asylum seeker to a safe
to its national laws, to
send an asylum seeker to
third country, subject to
send an asylum seeker to
a safe third country,
the rules and safeguards
a safe third country,
in compliance with the
laid down in Directive
in compliance with the
provisions of the Geneva
2005/85/EC.
provisions of the Geneva
Convention subject to
Convention subject to
the rules and safeguards
the rules and safeguards
laid down in Directive
laid down in Directive
2005/85/EC .
2005/85/EC .
Article 4
Article 4
Article 4
Right to information
Right to information
Right to information
PS Good Article for Commission
ANNEX
56
41.
As
soon
as
an 1.
As soon as an application 41.
As
soon
as
an T (to be checked by the relevant
application
for
for
international
application
for
services)
international protection is
protection is lodged, the
international protection is
lodged,
the
competent
competent authorities of
lodged in the meaning
authorities
of
Member
Member
States
shall
of Article 20(2) of this
States shall inform
inform the asylum seeker
Regulation
,
the
Tthe asylum seeker shall
of the application of this
competent authorities of
be informed in writing in
Regulation,
and
in
Member
States
shall
a language that he or she
particular of:
inform Tthe asylum
may
reasonably
be
seeker shall be informed
expected to understand
in writing in a language
regarding of
the
that he or she may
application
of
this
reasonably be expected to
Regulation, its time limits
understand
and its effects. , and in
regarding of
the
particular of:
application
of
this
Regulation, its time limits
and its effects. , and in
particular of:
(a)
the objectives of
(a)
the objectives of
(a)
the objectives of
this Regulation and
this Regulation and
this Regulation and
the consequences of
the consequences of
the consequences of
making
another
making
another
making
another
application
in
a
application
in
a
application
in
a
different
Member
different
Member
different
Member
State;
State;
State as well as
the consequences of
moving
from
a
Member State to
another one during
the determination of
the Member State
ANNEX
57
responsible
under
this Regulation and
during
the
examination of the
application
for
international
protection ;
(b)
the
criteria
for (b)
the criteria for allocating
(b)
the
criteria
for
allocating
responsibility and their
allocating
responsibility
and
hierarchy;
responsibility,
their hierarchy;
[…]
the
different steps of
the
procedure,
and
their
duration
[…] […]
[…] ;
(c)
the
general
(c)
the
general
(bc)
the
procedure and time-
procedure and time-
[…] personal
limits
to
be
limits
to
be
interview
pursuant
followed
by
the
followed
by
the
to Article 5 and the
Member States;
Member States;
possibility to submit
information
regarding
the
presence of family
members within the
meaning of Article
2
(g),
siblings
[…] relatives
[…]
or
relations
in
the
Member
States,
ANNEX
58
including the means
by
which
the
applicant
can
submit
such
information;
(d)
the
possible
(d)
the
possible
[…]
outcomes
of
the
outcomes
of
the
procedure and their
procedure and their
consequences;
consequences;
(e)
the
possibility
to
(e)
the
possibility
to
[…] (c) the
challenge a transfer
challenge a transfer
possibility
to
decision;
decision;
challenge a transfer
decision;
(f)
the fact that the
(f)
the fact that the
[…] (d) the
competent
competent
fact
that
the
authorities
can
authorities
may
competent
exchange data on
exchange data on
authorities
of
him/her for the sole
him/her for the sole
Member
States
purpose
of
purpose
of
can exchange data
implementing
the
implementing
the
on him/her for the
obligations
arising
obligations
arising
sole
purpose
of
under
this
under
this
implementing
the
Regulation;
Regulation;
obligations
arising
under
this
Regulation;
(g)
the existence of the
(g)
▌the right of access
[…] (e) the
right of access to
to data relating to
right of access to
data
relating
to
him/her,
and
the
data
relating
to
him/her,
and
the
right to request that
him/her,
and
the
right to request that
inaccurate
data
right to request that
ANNEX
59
inaccurate
data
relating to him/her
inaccurate
data
relating to him/her
be corrected or that
relating to him/her
be corrected or that
unlawfully
be corrected or that
unlawfully
processed
data
unlawfully
processed
data
relating to him/her
processed
data
relating to him/her
be deleted,
as well
relating to him/her
be
deleted,
as the procedures
be
deleted,
including the right
for exercising those
[…] as well
to
receive
rights
, including the
as
the
information on the
contact details
of
procedures
for
procedures
for
the
authorities
exercising
those
exercising
those
referred
to
in
rights
[…]
rights
and
the
Article 34 and of
including the
contact details of
the National Data
contact details of
the National Data
Protection
the
authorities
Protection
Authorities
which
referred
to
in
Authorities
which
shall hear claims
Article 33 and of
shall hear claims
concerning
the
the National Data
concerning
the
protection
of
Protection
protection
of
personal data.
Authorities
which
personal data.
shall hear claims
concerning
the
protection
of
personal data.
2.
The information referred 2.
The information referred 2.
The information referred
to in paragraph 1 shall be
to in paragraph 1 shall be
to in paragraph 1 shall be
provided in writing in a
provided in writing in a
provided in writing in a
language
that
the
language
that
the
language
that
the
applicant is reasonably
applicant
understands or
applicant
understands
supposed to understand.
may
reasonably
be
or
may
[…]
Member States shall use
presumed to understand.
reasonably
[…]
the common leaflet drawn
Member States shall use
be presumed to
up pursuant to paragraph
the common leaflet drawn
understand.
Member
ANNEX
60
3 for that purpose.
up pursuant to paragraph
States
shall
use
the
3 for that purpose.
common leaflet drawn up
pursuant to paragraph 3
for that purpose.
Where necessary for the
For
the
proper
Where necessary for the
proper understanding of
understanding
of
the
proper understanding of
the
applicant,
the
applicant, the information
the applicant, […]
information shall also be
shall also be supplied
the information shall also
supplied orally, at the
orally, at the interview
be supplied orally for
interview
organised
arranged
pursuant
to
example
[…]
pursuant to Article 5.
Article 5.
[…]
in
connection
with
the
personal
interview
as
stipulated in Article 5
.
Member
States
shall
Member
States
shall […]
provide the information in
provide the information in
a manner appropriate to
a manner appropriate to
the age of the applicant.
the age of the applicant.
3.
A
common
leaflet 3.
A
common
leaflet 3.
A common leaflet , as
containing at least the
containing at least the
well as a specific leaflet
information referred to in
information referred to in
for
unaccompanied
paragraph
1 shall be
paragraph
1 shall be
minors, containing at
drawn up in accordance
drawn up in accordance
least
the
information
with
the
procedure
with
the
regulatory
referred to in paragraph 1
referred to in Article
procedure referred to in
shall be drawn up in
40(2).
Article 41(2).
accordance
with
the
procedure referred to in
Article
40(2).
This
common leaflet shall also
include
information
ANNEX
61
regarding the application
of
the
Regulation
concerning
the
establishment
of
"Eurodac"
for
the
comparison
of
fingerprints
for
the
effective application of
the
Dublin
Regulation
(EC) No […/…] and in
particular the purpose for
which the data of the
asylum seeker concerned
will be processed within
EURODAC.
[…]
[…]
Article 5
Article 5
Article 5
Personal interview
Personal interview
Personal interview
1.
The
Member
State 1.
The
Member
State 1.
The
Member
State
carrying out the process
carrying out the process
carrying out the process
of
determining
the
of
determining
the
of
determining
the
Member State responsible
Member State responsible
Member State responsible
under
this
Regulation,
under
this
Regulation
under
this
Regulation
shall give applicants the
shall
call the applicants
[…] , shall
opportunity of a personal
for a personal interview
[…]
[…]
interview with a qualified
with a qualified person
conduct a
personal
ANNEX
62
person under national law
under national law to
interview […] in
to
conduct
such
an
conduct
such
an
order to facilitate the
interview.
interview.
process of determining
the
Member
State
responsible.
The
interview shall […]
also allow […] the
proper understanding of
the information supplied
to […] the applicant
in
accordance
with
Article 4.
2.
The personal interview 2.
The personal interview […]
shall be for the purpose of
shall
have the purpose of
facilitating the process of
facilitating the process of
determining the Member
determining the Member
State
responsible,
in
State
responsible,
in
particular for allowing the
particular ▌al owing the
applicant
to
submit
applicant to submit
the
relevant
information
relevant
information
necessary for the correct
necessary for the correct
identification
of
the
identification
of
the
responsible
Member
responsible
Member
State, and for the purpose
State,
as well as the
of informing the applicant
purpose of informing the
orally
about
the
applicant orally about the
application
of
this
application
of
this
Regulation.
Regulation.
2.
[…] […] The
interview may be omitted
ANNEX
63
if:
(a) the
applicant
has
absconded; or
[…]
(b […] )
[…]
after having received
the information referred
to
in
Article
4
the
applicant […] has
already
provided
[…]
information
relevant to carry out the
process of determining
the
Member
State
responsible
under
this
Regulation by any other
means.
[…]
The Member State
omitting
the
interview
[…] shall give the
applicant the opportunity
to
present
further
information relevant to
carry out the process of
determining the Member
State responsible before a
decision
is
taken
to
transfer the applicant to
the responsible Member
State pursuant to Article
ANNEX
64
25(1).
[…]
[…] […]
3.
The personal interview 3.
The personal interview 3. […] […] The
shall take place in a
shall take place in a
personal interview shall
timely manner following
timely manner following
take place in a timely
the
lodging
of
an
the
lodging
of
an
manner
[…]
application
for
application
for
[…] […] and,
international
protection
international
protection
in any event, before any
and, in any event, before
and, in any event, before
decision
is
taken
to
any decision is taken to
any decision is taken to
transfer the applicant to
transfer the applicant to
transfer the applicant to
the responsible Member
the responsible Member
the responsible Member
State pursuant to Article
State pursuant to Article
State pursuant to Article
25(1).
25(1).
25(1).
4.
The personal interview 4.
The personal interview 4. […] […] The
shall take place in a
shall take place in a
personal interview shall
language
that
the
language
that
the
take place in a language
applicant is reasonably
applicant
understands or
that
the
applicant
supposed to understand
may
reasonably
be
understands or may
and in which he is able to
presumed to understand
[…]
reasonably
communicate.
Where
and in which he
/she is
[…]
be
necessary, Member States
able
to
communicate.
presumed
to
shall select an interpreter
Where
necessary,
understand and in which
who is able to ensure
Member
States
shall
he /she is able to
appropriate
select an interpreter who
communicate.
Where
communication
between
is
able
to
ensure
necessary, Member States
the applicant and the
appropriate
shall select an interpreter
person who conducts the
communication
between
who is able to ensure
the applicant and the
appropriate
ANNEX
65
personal interview.
person who conducts the
communication
between
personal interview.
the applicant and the
person who conducts the
personal interview.
5.
The personal interview 5.
The personal interview 5. […] […] The
shall take place under
shall take place under
personal interview shall
conditions which ensure
conditions which ensure
take
place
under
appropriate
appropriate
conditions which ensure
confidentiality.
confidentiality.
appropriate
confidentiality. It shall
be
conducted
by
a
qualified
person
under
national law.
6.
The
Member
State 6.
The
Member
State 6. […] […] The
conducting the personal
conducting the personal
Member State conducting
interview shall make a
interview shall make a
the
personal
interview
short
written
report
short
written
report
shall make a […]
containing
the
main
containing
the
main
written
[…]
information supplied by
information supplied by
summary containing
the
applicant
at
the
the
applicant
at
the
at least the main
interview and shall make
interview and shall make
information supplied by
a copy of that report
a copy of that report
the
applicant
at
the
available to the applicant.
available to the applicant.
interview […] .
The
report
shall
be
The
report
shall
be
This summary may either
attached to any transfer
attached to any transfer
take the form of a report
decision
pursuant
to
decision
pursuant
to
or a standard form. The
Article 25(1).
Article 25(1).
Member
State shall
ensure
that
the
applicant and/or a legal
advisor
or
other
counsellor
who
is
representing him/her have
ANNEX
66
timely
access
to
the
[…]
summary.
[…]
Article 6
Article 6
Article 6
Guarantees for minors
Guarantees for minors
Guarantees for
[…]
minors
1.
The best interests of the 1.
The best interests of the 1.
The best interests of the
child shall be a primary
child shall be a primary
child shall be a primary
consideration for Member
consideration for Member
consideration for Member
States with respect to all
States with respect to all
States with respect to all
procedures provided for
procedures provided for
procedures provided for
in this Regulation.
in this Regulation.
in this Regulation.
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall
ensure
that
a
ensure
that
a
ensure
that
a
representative represents
representative
within the
representative represents
and/or
assists
the
meaning of Article 2(i) of
and/or
assists
the
unaccompanied
minor
Directive
2005/85/EC
unaccompanied
minor
with
respect
to
all
represents and/or assists
with
respect
to
all
procedures provided for
the unaccompanied minor
procedures provided for
in this Regulation. This
with
respect
to
all
in
this
Regulation.
representative may also
procedures provided for
[…]
The
be
the
representative
in this Regulation. This
representative
shall
referred to in Article 23
representative may also
[…]
have
the
of Directive […/…/EC]
be
the
representative
necessary
expertise
in
[laying down minimum
referred to in
Article 24 of
view of ensuring that the
standards
for
the
Directive
║…/…/EC║
best interests of the minor
reception
of
asylum
[laying down minimum
are
taken
into
ANNEX
67
seekers].
standards
for
the
consideration
therefore
reception
of
asylum
he/she shall have access
seekers].
to the content of the
relevant documents in the
applicant’s file […]
[…] including the
specific
leaflet
for
unaccompanied
minors.
3.
In assessing the best 3.
In assessing the best 3.
In assessing the best
interests of the child,
interests of the child,
interests of the child,
Member
States
shall
Member
States
shall
Member
States
shall
closely
cooperate with
closely
cooperate with
closely
cooperate with
each other and shall, in
each other and shall, in
each other and shall, in
particular,
take
due
particular,
take
due
particular,
take
due
account of the following
account of the following
account of the following
factors:
factors:
factors:
(a)
family reunification
(a)
family reunification
(a)
family reunification
possibilities;
possibilities;
possibilities;
(b)
the minor’s wel -
(b)
the minor’s wel -
(b)
the minor’s wel -
being
and
social
being
and
social
being
and
social
development, taking
development, taking
development
into
particular
into
particular
[…] ;
consideration
the
consideration
the
minor’s
ethnic,
minor’s
ethnic,
religious,
cultural
religious,
cultural
and
linguistic
and
linguistic
background;
background;
(c)
safety and security
(c)
safety and security
(c)
safety and security
considerations,
in
considerations,
in
considerations,
in
ANNEX
68
particular
where
particular
where
particular
where
there is a risk of the
there is a risk of the
there is a risk of the
child being a victim
child being a victim
child being a victim
of trafficking;
of trafficking;
of trafficking;
(d)
the views of the
(d)
the views of the
(d)
the views of the
minor,
in
minor,
in
minor,
in
accordance
with
accordance
with
accordance
with
his/her
age
and
his/her
age
and
his/her
age
and
maturity.
maturity.
maturity.
[…]
4.
Member
States
shall 4.
Member
States
shall 4.
[…] […] The
establish procedures in
establish procedures ▌for
Member State […]
national
legislation
for
tracing
the
family
in which the application
tracing
the
family
members
or
other
for
international
members
or
other
relatives present in the
protection was lodged by
relatives present in the
Member
States
of
the unaccompanied minor
Member
States
of
unaccompanied
minors
,
shall, as soon as possible,
unaccompanied
minors.
where necessary with the
and […] on account
They shall start to trace
assistance
of
[…] of information
the
members
of
the
international or other
[…]
[…]
unaccompanied
minor's
relevant
organisations.
[…]
[…]
family or other relatives
They shall start
to trace
making it possible to
as soon as possible, after
the
members
of
the
identify a […]
the
lodging
of
the
unaccompanied
minor’s
family member within
application
for
family or other relatives
the meaning of Article
international
protection
as soon as possible after
2(g), sibling […]
whilst protecting his/her
the
lodging
of
the
or
other
relatives
best interests.
application
for
within the meaning of
international
protection
[…]
[…]
while protecting his/her
Article
2
(ga) […] ,
ANNEX
69
best interests.
[…] on the territory
of
Member
States
[…] , […]
[…] […] take
appropriate action on the
basis of such information,
for
the
purpose
of
applying Article 8 of this
Regulation
[…]
whilst
protecting
[…] the minor's best
interests.
5.
The competent authorities 5.
The competent authorities […]
referred to in Article 33
referred to in
Article 34
who deal with requests
who deal with requests
concerning
concerning
unaccompanied
minors
unaccompanied
minors
shall receive appropriate
shall receive appropriate
training concerning the
training concerning the
specific needs of minors.
specific needs of minors.
5.
Procedures
for
implementing paragraph 4
shall
be
adopted
in
accordance
with
the
procedure referred to in
Article 40(2).
6.
Within the framework of
the application of this
Regulation and under
ANNEX
70
the conditions laid down
in Article 17 of Directive
2005/85/EC,
Member
States may use medical
examinations
to
determine the age of
unaccompanied minors.
In cases where medical
examinations are used,
Member
States
shall
ensure that they are
conducted
in
a
reasonable and thorough
manner, as required by
scientific
and
ethical
standards.
CHAPTER III
CHAPTER III
CHAPTER III
HIERARCHY OF CRITERIA
HIERARCHY OF CRITERIA
CRITERIA FOR
CRITERIA FOR
CRITERIA FOR
DETERMINING THE
DETERMINING THE MEMBER
DETERMINING THE MEMBER
MEMBER STATE
STATE RESPONSIBLE
STATE RESPONSIBLE
RESPONSIBLE
Article 5 7
Article 7
Article 5 7
Hierarchy of criteria
Hierarchy of criteria
Hierarchy of criteria
ANNEX
71
1.
The
criteria
for 1.
The
criteria
for 1.
The
criteria
for
determining the Member
determining the Member
determining the Member
State responsible shall be
State responsible shall be
State responsible shall be
applied in the order in
applied in the order in
applied in the order in
which they are set out in
which they are set out in
which they are set out in
this Chapter.
this Chapter.
this Chapter.
2.
The
Member
State 2.
The
Member
State 2.
The
Member
State
responsible in accordance
responsible in accordance
responsible in accordance
with the criteria set
with the criteria set out in
with the criteria set
out in this Chapter
this Chapter shall be
out in this Chapter
shall be determined on the
determined on the basis of
shall be determined on the
basis of the situation
the
situation
existing
basis of the situation
obtaining
when
the
when the asylum seeker
obtaining
when
the
asylum seeker first lodged
first
lodged
his/her
asylum seeker first lodged
his/her application for
application
for
his/her application for
international protection
international
protection
international protection
with a Member State.
with a Member State.
with a Member State.
3.
By way of derogation
▌
[…]
from paragraph 2, in
order to ensure respect for
the principle of family
unity and of the bests
interests of the child, the
Member State responsible
in accordance with the
criteria
laid
down
in
Articles 8 to 12 shall be
determined on the basis of
the
situation
obtaining
when the asylum seeker
lodged
his/her
most
ANNEX
72
recent
application
for
international
protection.
This
paragraph
shall
apply on condition that
the previous applications
of the asylum seeker have
not yet been subject of a
first decision regarding
the substance.
3.
In view of the application
of the criteria referred to
in Article 8, 10 and 11,
Member States shall take
into
consideration
any
available
evidence
regarding the presence
[…] on the territory
of a Member State of
family members within
the meaning of Article
2(g), sibling or of other
relatives
or
relations,
[…] of the applicant
for
international
protection, […] on
condition
that
such
evidence
is
produced
[…]
before
the
acceptance of the request
by another Member State
to take charge or take
back
the
person
concerned, pursuant to
ANNEX
73
Articles
22
and
24
respectively and that the
previous applications for
international protection of
the asylum seeker have
not yet been subject of a
first decision regarding
the substance.
Article 6 8
Article 8
Article 6 8
Unaccompanied minors
Unaccompanied minors
Unaccompanied minors
1.
Where the applicant for 1.
Where the applicant is an 1.
Where the applicant for
asylum
is
an
unaccompanied
minor,
asylum
is
an
unaccompanied
minor,
the
Member
State
unaccompanied
minor,
the
Member
State
responsible for examining
the
Member
State
responsible for examining
the
application
for
responsible for examining
the
application
for
international
protection
the
application
for
international protection
shall be that where a
international protection
shall be that where a
member of his or her
shall be that where a
member of his or her
family is legally present,
member of his or her
family is legally present,
provided that this is in the
family
within
the
provided that this is in the
best
interests
of
the
meaning of Article 2(g) or
best
interests of
the
minor.
his/her sibling […]
minor.
is legally present,
provided that this is in the
best interest […] of
the […] minor.
23.
If
Where the 2.
Where the applicant is an 23.
If
Where the
applicant
asylum-
unaccompanied
minor
applicant
asylum-
ANNEX
74
seeker
is
an
who
has
no
family
seeker
is
an
unaccompanied
minor
members
within
the
unaccompanied
minor
who has a relative or
meaning of Article 2(i)
who has a […]
relatives
legally
legally present in another
relative
, who is
present
in
another
Member State but who
[…] […] or
Member State who can
has
another
relative
relatives
legally
take care of him or her,
legally present in another
[…] resident or
that
Member
Member State who can
[…]
asylum
States shall if possible
take care of him or her,
seeker in another
unite the minor with his
that Member State shall
Member State […]
or
her
relative
or
be
responsible
for
and
where
it
is
relatives,
be
examining
the
established, based on an
responsible for examining
application,
provided
individual
examination,
the application, provided
that this is in the best
that the relative can
that unless this is not
interests of the minor.
take care of him or her,
in the best interests of the
that
Member
minor.
States shall unite the
minor
with
his/her
relative and if possible
unite the minor with his
or
her
relative
or
relatives,
be
responsible for examining
the application, provided
that unless this is not
in the
best
interest
[…] of the minor.
3.
Where members of the 3.
Where members of the 3.
Where
family
applicant's
family
or
applicant's
family
or
members , siblings or
his/her other relatives are
his/her other relatives are
relatives as mentioned in
legally present in more
legally present in more
paragraphs 1 and 2
than one Member State,
than one Member State,
[…]
[…]
the
Member
State
the
Member
State
[…] are […]
ANNEX
75
responsible for examining
responsible for examining
staying in more than
the application shall be
the application shall be
one Member State, the
decided on the basis of
decided on the basis of
Member State responsible
what is in the best
what is in the best
for
examining
the
interests of the minor.
interests of the minor.
application
shall
be
decided on the basis of
what is in the best
interests
of
the
unaccompanied
minor.
4.
In the absence of a family 4.
In the absence of a family 4.
In the absence of a family
member or of another
member or of another
member a sibling or a
relative , the Member
relative,
the
Member
relative as mentioned in
State
responsible
for
State
responsible
for
paragraphs 1 and 2
examining the application
examining the application
[…] […] the
shall be that where the
shall be that where the
Member State responsible
minor has lodged his or
minor has lodged his or
for
examining
the
her
most recent
her
▌application
for
application shall be that
application
for
international
protection,
where
the
asylum international
provided that this is in the
unaccompanied
protection, provided that
best interest of the minor.
minor has lodged his or
this is in the best interests
her
[…]
of the minor.
first application
for
asylum international
protection, provided that
this is in the best interests
of the […] minor.
[…]
5.
The
conditions
and 5.
The
conditions
and 5.
The […] procedures
procedures
for
procedures
for
for
implementing
this
ANNEX
76
implementing this Article
implementing paragraphs
Article
paragraphs
2
paragraphs 2 and 3
2 and 3║ shall be adopted
and
3
including,
including,
where
by
the
Commission.
where
appropriate,
appropriate,
conciliation
Those measures, designed
conciliation
mechanisms
mechanisms for settling
to amend non-essential
for settling differences
differences
between
elements
of
this
between Member States
Member
States
Regulation
by
concerning the need to
concerning the need to
supplementing it, shall be
unite
the
persons
in
unite
the
persons
in
adopted in accordance
question, or the place
question, or the place
with
the
regulatory
where this should be
where this should be
procedure with scrutiny
done, shall be […]
done, shall be adopted by
referred to in
Article
adopted in accordance
the Commission. Those
41(3).
with
the
[…]
measures,
designed
to
procedure
[…]
amend
non-essential
referred to in Article
elements
of
this
27(3)
40
(2).
Regulation
by
[…]
supplementing it, shall be
adopted in accordance
with
the
regulatory
procedure with scrutiny
referred to in Article
27(3) 40(3).
Article 79
Article 9
Article 79
Family members who are persons
Family members who are
granted international protection
Family members who are
persons granted international
persons granted international
protection
protection
Where the asylum seeker has a Where the asylum seeker has a Where the asylum seeker has a
family
member, regardless of family
member, regardless of family
member, regardless of
ANNEX
77
whether the family was previously whether the family was previously whether the family was previously
formed in the country of origin, formed in the country of origin, formed in the country of origin,
who has been allowed to reside as who has been allowed to reside as who has been allowed to reside as
a
refugee
person granted a person granted international a refugee person granted
international protection in a protection in a Member State, that international protection in a
Member State, that Member State Member State shall be responsible Member State, that Member State
shall be responsible for examining for examining the application for shall be responsible for examining
the
application
for
asylum international
protection, provided the
application
for
asylum
international
that
the
persons
concerned international
protection, provided
that
the expressed their desire in writing.
protection, provided
that
the
persons
concerned
so
persons
concerned
so
expressed
their
desire
expressed
their
desire
in writing .
in writing .
Article 810
Article 10
Article 810
Family members who are
Family members who are
applicants for international
Family members who are
applicants for international
protection
applicants for international
protection
protection
If the asylum seeker has a family If the asylum seeker has a family If the asylum seeker has a family
member in a Member State whose member in a Member State whose member in a Member State whose
application
for
international application
for
international application
for
international
protection in that Member protection in that Member State protection in that Member
State has not yet been the has not yet been the subject of a State has not yet been the
subject
of
a
first
decision first
decision
regarding
the subject
of
a
first
decision
regarding
the
substance,
that substance, that Member State shall regarding
the
substance,
that
Member State shall be responsible be responsible for examining the Member State shall be responsible
for examining the application for application
for
international for examining the application for
asylum
international protection, provided that the asylum
international
protection , provided that the persons concerned expressed their protection , provided that the
persons
concerned desire in writing.
persons
concerned
ANNEX
78
so expressed
their desire
so expressed
their desire
in writing .
in writing .
Article 1511
Article 11
[…]
Dependent relatives
Dependent relatives
21.
Where In cases in 1.
Where
the
asylum
which
the
person
seeker is dependent on the
concerned
asylum
assistance of a relative on
seeker is dependent on
account of pregnancy or a
the assistance of the other
new-born child, serious
a relative present
illness, severe
disability
in another Member State
or old age, or where a
on account of pregnancy
relative is dependent on
or
a
new-born child,
the assistance of the
serious
illness,
severe
asylum seeker for the
handicap
or
old age,
same
reasons,
or where a relative
the Member
State
present
in
another
responsible for examining
Member
State
is
the application shall be
dependent
on
the
the one considered the
assistance of the asylum
most
appropriate
for
seeker for the same
keeping them together or
reasons,
the Member
reunifying them, provided
State
responsible
for
that family ties existed in
examining
the
the country of origin and
application shall be the
that
the
persons
one considered the most
concerned expressed their
appropriate for keeping
desire
in
writing.
In
them
together
or
determining
the
most
reunifying
them,
appropriate
Member
ANNEX
79
Member
States
shall
State, the best interests of
normally keep or bring
the persons concerned
together
the
asylum
shall
be
taken
into
seeker
with
another
account, such as the
relative present in the
ability of the dependent
territory of one of the
person to travel.
Member States, provided
that family ties existed in
the
country of origin
and that the persons
concerned expressed their
desire
in
writing.
In
determining
the
most
appropriate
Member
State, the best interests of
the persons concerned
shall
be
taken
into
account, such as the
ability of the dependent
person to travel .
Article
15(2)
of
Regulation
(EC)
No
343/2003
shall
apply
whether
the
asylum
seeker is dependent on the
assistance of a relative
present
in
another
Member
State
or
a
relative present in another
Member
State
is
dependent
on
the
assistance of the asylum
ANNEX
80
seeker.
2.5
The
conditions
and 2.
The
conditions
and
procedures
for
procedures
for
implementing this Article
implementing paragraph 1
paragraph
1
including,
shall be adopted by the
where
appropriate,
Commission.
Those
conciliation
mechanisms
measures,
designed
to
for settling differences
amend
non-essential
between Member States
elements
of
this
concerning the need to
Regulation
by
unite
the
persons
in
supplementing it, shall be
question, or the place
adopted in accordance
where this should be
with
the
regulatory
done, shall be adopted by
procedure with scrutiny
the Commission. Those
referred to in
Article
measures,
designed
to
41(3).
amend
non-essential
elements
of
this
Regulation
by
supplementing it, shall be
adopted in accordance
with
the
regulatory
procedure with scrutiny
referred to in Article
27(3) 40(3).
Article 14 12
Article 12
Article 14 12
Family procedure
Family procedure
Family procedure
Where several members of a Where several members of a Where several members of a
ANNEX
81
family
submit applications for family
submit applications for family within the meaning of
asylum
international international protection in the Article 2(g) […] and/or
protection in the same Member same
Member
State minor
unmarried
siblings
State simultaneously, or on dates simultaneously, or on dates close submit applications for asylum
close enough for the procedures enough for the procedures for international
protection
in
for determining the Member State determining the Member State the
same
Member
State
responsible
to
be
conducted responsible
to
be
conducted simultaneously, or on dates close
together, and where the application together, and where the application enough for the procedures for
of the criteria set out in this of the criteria set out in this determining the Member State
Regulation would lead to them Regulation would lead to them responsible
to
be
conducted
being separated, the Member State being separated, the Member State together, and where the application
responsible shall be determined on responsible shall be determined on of the criteria set out in this
the
basis
of
the
following the
basis
of
the
following Regulation would lead to them
provisions:
provisions:
being separated, the Member State
responsible shall be determined on
the
basis
of
the
following
provisions:
(a)
responsibility
for (a)
responsibility
for (a)
responsibility
for
examining
the
examining
the
examining
the
applications for asylum
applications
for
applications for asylum
international
international
protection
international
protection of all the
of all the members of the
protection of all the
members of the family
family shall lie with the
members of the family
shall lie with the Member
Member State which the
within the meaning of
State which the criteria
criteria
indicate
is
Article
2(g) […]
indicate is responsible for
responsible
for
taking
and/or minor unmarried
taking
charge
of the
charge of the largest
siblings shall lie with
largest number of family
number
of
family
the Member State which
members;
members;
the criteria indicate is
responsible
for
taking
charge of the largest
number
of
them
ANNEX
82
[…] ;
(b)
failing this, responsibility (b)
failing this, responsibility (b)
failing this, responsibility
shall lie with the Member
shall lie with the Member
shall lie with the Member
State which the criteria
State which the criteria
State which the criteria
indicate is responsible for
indicate is responsible for
indicate is responsible for
examining the application
examining the application
examining the application
of the oldest of them.
of the oldest of them.
of the oldest of them.
Article 913
Article 13
Article 913
Issuance of residence
Issuing of residence documents or
Issuance of residence
documents or visas
visas
documents or visas
1.
Where the asylum seeker 1.
Where the asylum seeker 1.
Where the asylum seeker
is in possession of a valid
is in possession of a valid
is in possession of a valid
residence document, the
residence document, the
residence document, the
Member
State
which
Member
State
which
Member
State
which
issued the document shall
issued the document shall
issued the document shall
be
responsible
for
be
responsible
for
be
responsible
for
examining the application
examining the application
examining the application
for
asylum
for
international
for
asylum
international
protection.
international
protection .
protection .
2.
Where the asylum seeker 2.
Where the asylum seeker 2.
Where the asylum seeker
is in possession of a valid
is in possession of a valid
is in possession of a valid
visa, the Member State
visa, the Member State
visa, the Member State
which issued the visa
which issued the visa
which issued the visa
shall be responsible for
shall be responsible for
shall be responsible for
examining the application
examining the application
examining the application
for
asylum
for
international
for
asylum
ANNEX
83
international
protection, unless the visa
international
protection , unless the
was issued
on behalf of or
protection , unless the
visa was issued when
on
the
written
visa was issued on
acting for or on the
authorisation of another
behalf of another Member
written authorisation of
Member State. In such a
State
under
a
another Member State. In
case,
that other Member
representation
such a case, the latter
State shall be responsible
arrangement as provided
Member State shall be
for
examining
the
for
in
Article
8
of
responsible for examining
application
for
Regulation
(EC)
No
the
application
for
international
protection.
810/2009 of the European
international
Where a Member State
Parliament and of the
protection
asylum.
first consults the central
Council of 13 July 2009
Where a Member State
authority
of
another
establishing a Community
first consults the central
Member
State,
in
Code
on visas
authority
of
another
particular
for
security
[…] . In such a case,
Member
State,
in
reasons, the latter's reply
the
represented
particular
for
security
to the consultation shall
[…] Member State
reasons, the latter's reply
not
constitute
written
shall be responsible for
to the consultation shall
authorisation within the
examining the application
not
constitute
written
meaning of this provision.
for
international
authorisation within the
protection
asylum.
meaning of this provision.
[…] .
3.
Where the asylum-seeker 3.
Where the asylum-seeker 3.
Where the asylum-seeker
is in possession of more
is in possession of more
is in possession of more
than one valid residence
than one valid residence
than one valid residence
document or visa issued
document or visa issued
document or visa issued
by
different
Member
by
different
Member
by
different
Member
States, the responsibility
States, the responsibility
States, the responsibility
for
examining
the
for
examining
the
for
examining
the
application
for
application
for
application
for
international
international
protection
international
protection asylum shall
shall be assumed by the
protection asylum shall
be
assumed
by
the
Member States in the
be
assumed
by
the
ANNEX
84
Member States in the
following order:
Member States in the
following order:
following order:
(a)
the Member State
(a)
the Member State
(a)
the Member State
which issued the
which issued the
which issued the
residence document
residence document
residence document
conferring the right
conferring the right
conferring the right
to the longest period
to the longest period
to the longest period
of
residency
or,
of
residence or,
of
residency
or,
where the periods of
where the periods of
where the periods of
validity
are
validity
are
validity
are
identical,
the
identical,
the
identical,
the
Member
State
Member
State
Member
State
which issued the
which issued the
which issued the
residence document
residence document
residence document
having
the latest
having
the latest
having
the latest
expiry date;
expiry date;
expiry date;
(b)
the Member State
(b)
the Member State
(b)
the Member State
which issued the
which issued the
which issued the
visa
having
the
visa
having
the
visa
having
the
latest expiry date
latest expiry date
latest expiry date
where the various
where the various
where the various
visas are of the
visas are of the
visas are of the
same type;
same type;
same type;
(c)
where visas are of
(c)
where visas are of
(c)
where visas are of
different kinds, the
different kinds, the
different kinds, the
Member
State
Member
State
Member
State
which issued the
which issued the
which issued the
visa
having
the
visa
having
the
visa
having
the
longest period of
longest period of
longest period of
validity, or, where
validity, or, where
validity, or, where
the
periods
of
the
periods
of
the
periods
of
ANNEX
85
validity
are
validity
are
validity
are
identical,
the
identical,
the
identical,
the
Member
State
Member
State
Member
State
which issued the
which issued the
which issued the
visa
having
the
visa
having
the
visa
having
the
latest expiry date.
latest expiry date.
latest expiry date.
4.
Where the asylum seeker 4.
Where the asylum seeker 4.
Where the asylum seeker
is in possession only of
is in possession only of
is in possession only of
one or more residence
one or more residence
one or more residence
documents which have
documents which have
documents which have
expired less than two
expired less than two
expired less than two
years previously or one or
years previously or one or
years previously or one or
more visas which have
more visas which have
more visas which have
expired
less than six
expired
less than six
expired
less than six
months
previously
and
months
previously
and
months
previously
and
which enabled him/her
which enabled him/her
which enabled him/her
actually
to
enter
the
actually
to
enter
the
actually
to
enter
the
territory of a Member
territory of a Member
territory of a Member
State, paragraphs 1, 2 and
State, paragraphs 1, 2 and
State, paragraphs 1, 2 and
3 shall apply for such
3 shall apply for such
3 shall apply for such
time as the applicant has
time as the applicant has
time as the applicant has
not left the territories of
not left the
territory of the
not left the territories of
the Member States.
Member States.
the Member States.
Where the asylum seeker
Where the asylum seeker
Where the asylum seeker
is in possession of one or
is in possession of one or
is in possession of one or
more
residence
more
residence
more
residence
documents which have
documents which have
documents which have
expired more than two
expired more than two
expired more than two
years previously or one or
years previously or one or
years previously or one or
more visas which have
more visas which have
more visas which have
expired more than six
expired more than six
expired more than six
months
previously
and
months
previously
and
months
previously
and
ANNEX
86
enabled him/her actually
enabled him/her actually
enabled him/her actually
to enter the territory of a
to enter the territory of a
to enter the territory of a
Member State and where
Member State and where
Member State and where
he
has not left the
he
/she has not left the
he
has not left the
territories of the Member
territory of the Member
territories of the Member
States, the Member State
States, the Member State
States, the Member State
in which the application
in which the application
in which the application
for
international
for
international
for
international
protection
is
lodged
protection is lodged shall
protection
is
lodged
shall be responsible.
be responsible.
shall be responsible.
5.
The fact that the residence 5.
The fact that the residence 5.
The fact that the residence
document or visa was
document or visa was
document or visa was
issued on the basis of a
issued on the basis of a
issued on the basis of a
false or assumed identity
false or assumed identity
false or assumed identity
or
on
submission
of
or
on
submission
of
or
on
submission
of
forged,
counterfeit
or
forged,
counterfeit
or
forged,
counterfeit
or
invalid documents shall
invalid documents shall
invalid documents shall
not prevent responsibility
not prevent responsibility
not prevent responsibility
being allocated to the
being allocated to the
being allocated to the
Member
State
which
Member
State
which
Member
State
which
issued it. However, the
issued it. However, the
issued it. However, the
Member State issuing the
Member State issuing the
Member State issuing the
residence document or
residence document or
residence document or
visa
shall
not
be
visa
shall
not
be
visa
shall
not
be
responsible
if
it
can
responsible if it
is able to
responsible
if
it
can
establish that a fraud was
establish that fraud was
establish that a fraud was
committed
after
the
committed
after
the
committed
after
the
document or visa had
document or visa had
document or visa had
been issued.
been issued.
been issued.
Article 1014
Article 14
Article 1014
ANNEX
87
Entry and/or stay
Entry and/or stay
Entry and/or stay
1.
Where it is established, 1.
Where it is established, 1.
Where it is established,
on the basis of proof or
on the basis of proof or
on the basis of proof or
circumstantial evidence as
circumstantial evidence as
circumstantial evidence as
described in the two lists
described in the two lists
described in the two lists
mentioned
in
Article
mentioned
in
Article
mentioned
in
Article
2218(3),
including
the
22(3)
of this Regulation,
2218(3),
including
the
data referred to in Chapter
including
the
data
data referred to in Chapter
III
of
Regulation
referred to in Chapter III
III
of
Regulation
[concerning
the
of Regulation
(EC) No
[concerning
the
establishment
of
.../...
[concerning
the
establishment
of
"Eurodac"
for
the
establishment
of
"Eurodac"
for
the
comparison
of
"Eurodac"
for
the
comparison
of
fingerprints
for
the
comparison
of
fingerprints
for
the
effective application of
fingerprints
for
the
effective application of
the
Dublin
effective application of ║
the
Dublin
Regulation ] (EC) No
Regulation ║
(EC) No
Regulation ] (EC) No
[…/…] 2725/2000, that
║…/...
establishing the
[…/…] 2725/2000, that
an asylum seeker has
criteria and mechanisms
an asylum seeker has
irregularly
crossed
the
for
determining
the
irregularly
crossed
the
border into a Member
Member State responsible
border into a Member
State by land, sea or air
for
examining
an
State by land, sea or air
having come from a third
application
for
having come from a third
country,
the
Member
international protection
country,
the
Member
State thus entered shall be
lodged in one of the
State thus entered shall be
responsible for examining
Member States by a third-
responsible for examining
the application for asylum
country national or a
the application for asylum
international
stateless person], that an
international
protection
.
This
asylum
seeker
has
protection
.
This
responsibility shall cease
irregularly
crossed
the
responsibility shall cease
12 months after the date
border into a Member
12 months after the date
ANNEX
88
on which the irregular
State by land, sea or air
on which the irregular
border
crossing
took
having come from a third
border
crossing
took
place.
country,
the
Member
place.
State thus entered shall be
responsible for examining
the
application
for international
protection.
Such
responsibility shall cease
12 months after the date
on which the irregular
border
crossing
took
place.
2.
When a Member State 2.
When a Member State 2.
When a Member State
cannot or can no longer
cannot or can no longer
cannot or can no longer
be held responsible in
be held responsible in
be held responsible in
accordance
with
accordance
with
accordance
with
paragraph 1, and where it
paragraph 1, and where it
paragraph 1, and where it
is established, on the
is established, on the
is established, on the
basis
of
proof
or
basis
of
proof
or
basis
of
proof
or
circumstantial evidence as
circumstantial evidence as
circumstantial evidence as
described in the two lists
described in the two lists
described in the two lists
mentioned
in
Article
mentioned
in
Article
mentioned
in
Article
2218(3), that the asylum
22(3), that the asylum
2218(3), that the asylum
seeker - who has entered
seeker - who has entered
seeker - who has entered
the
territories
of
the
the
territory
of
the
the
territories
of
the
Member States irregularly
Member States irregularly
Member States irregularly
or whose circumstances
or whose circumstances
or whose circumstances
of
entry
cannot
be
of
entry
cannot
be
of
entry
cannot
be
established - at the time
established - has been
established - at the time
of lodging the application
living for a continuous
of lodging the application
has been previously living
period of at least five
has been previously living
for a continuous period of
months in a Member State
for a continuous period of
ANNEX
89
at least five months in a
before
lodging
the
at least five months in a
Member State before
application
for
Member State before
lodging
the
application
international
protection,
lodging
the
application
for
international
that Member State shall
for
international
protection,
that
be
responsible
for
protection,
that
Member State shall be
examining the application
Member State shall be
responsible for examining
for
international
responsible for examining
the application for asylum
protection.
the application for asylum
international protection
international protection
.
.
If the applicant has been
If the applicant has been
If the applicant has been
living for periods of time
living for periods of time
living for periods of time
of at least five months in
of at least five months in
of at least five months in
several Member States,
several Member States,
several Member States,
the Member State where
the Member State where
the Member State where
this
has
been
most
he/she has
lived most
this
has
been
most
recently the case shall be
recently
shall
be
recently the case shall be
responsible for examining
responsible for examining
responsible for examining
the
application
for
the
application
for
the
application
for
international protection
international protection.
international protection
.
.
Article 1115
Article 15
Article 1115
Visa waived entry
Visa waived entry
Visa waived entry
1.
If a third-country national 1.
If a third-country national 1.
If a third-country national
or a stateless person
or a stateless person
or a stateless person
enters into the territory of
enters into the territory of
enters into the territory of
a Member State in which
a Member State in which
a Member State in which
ANNEX
90
the need for him or her to
the need for him or her to
the need for him or her to
have a visa is waived, that
have a visa is waived, that
have a visa is waived, that
Member State shall be
Member State shall be
Member State shall be
responsible for examining
responsible for examining
responsible for examining
his or her application for
his or her application for
his or her application for
asylum
international
international protection.
asylum
international
protection .
protection .
2.
The principle set out in 2.
The principle set out in 2.
The principle set out in
paragraph 1 does not
paragraph 1
shall not
paragraph 1 does not
apply, if the third-country
apply if the third-country
apply, if the third-country
national or the stateless
national or the stateless
national or the stateless
person lodges his or
person lodges his or her
person lodges his or
her application for asylum
application
for
her application for asylum
international
international protection in
international
protection in another
another Member State, in
protection in another
Member State, in which
which the need for him or
Member State, in which
the need for him or her to
her to have a visa for
the need for him or her to
have a visa for entry into
entry into the territory is
have a visa for entry into
the
territory
is
also
also waived. In
that case,
the
territory
is
also
waived. In this case, the
that other Member State
waived. In this case, the
latter Member State shall
shall be responsible for
latter Member State shall
be
responsible
for
examining the application
be
responsible
for
examining the application
for
international
examining the application
for
asylum
protection.
for
asylum
international
international
protection .
protection .
Article 1216
Article 16
Article 1216
Application in an international
Application in an international
Application in an international
transit area of an airport
transit area of an airport
transit area of an airport
ANNEX
91
Where
the
application
for Where
the
application
for Where
the
application
for
international
protection international protection is made in international
protection
asylum is made in an international
the international transit area of an asylum is made in an international
transit area of an airport of a airport of a Member State by a transit area of an airport of a
Member State by a third-country third-country
national
or
a Member State by a third-country
national or a stateless person stateless person, that Member national or a stateless person
, that Member State shall be State shall be responsible for , that Member State shall be
responsible
for examining the examining the application.
responsible
for examining the
application.
application.
Article 15
[…]
16A
Dependen
s
[…]
21.
[…] Where
In
cases
in
which
[…]
person
concerned
an
asylum
seeker is
dependent
on
the
assistance of the other
[…] […]
[…] a relation
[…]
[…]
[…]
[…]
legally resident in one of
the Member States,
present
in
another
Member State on account
of pregnancy or a new-
ANNEX
92
born child, serious illness,
severe handicap or old
age,
or where a
relation
[…] […]
is dependent on the
assistance of the asylum
seeker
[…]
Member States shall
keep or bring together the
asylum seeker with that
relation
[…] ,
provided that family ties
existed in the country of
origin the person or the
applicant is able to take
care
of the other
and that the persons
concerned expressed their
desire
in
writing.
[…]
2.
Where
the
relation
[…]
is
legally
[…]
resident
in
another Member State
than the one where the
asylum seeker is present,
the
Member
State
responsible for examining
the application shall be
the one where the relation
[…]
is
legally
[…]
resident
ANNEX
93
[…]
unless
the
concerned
asylum
[…] seeker's health
condition
[…]
prevents
him/her
[…]
during
a
significant period of time
from travelling to that
Member State.
Where the concerned
asylum […] seeker's
health condition prevents
him/her
during
a
significant period of time
from travelling to another
Member
State,
the
Member State responsible
for
examining
his/her
application shall be the
one
where
he/she is
present.
[…]
Becoming the Member
State responsible due to
the applicant's inability to
travel does not […]
entail the obligation of
bringing
the
relation
[…] to that Member
State.
Article 15(2) of Regulation (EC)
No 343/2003 shall apply whether
the asylum seeker is dependent on
ANNEX
94
the assistance of a relative present
in another Member State or a
relative present in another Member
State
is
dependent
on
the
assistance of the asylum seeker
[…] 3.
[…] The
[…] procedures for
implementing this Article
[…] this
Article including,
where appropriate,
conciliation mechanisms
for settling differences
between Member States
concerning the need to
unite the persons in
question, or the place
where this should be
done, […]
shall be adopted
[…] in accordance
with the […]
procedure […]
referred to in Article
27(3) 40 (2)
[…] .
CHAPTER IV
CHAPTER IV
CHAPTER IV
HUMANITARIAN CLAUSE
HUMANITARIAN CLAUSE
ANNEX
95
DISCRETIONARY
DISCRETIONARY CLAUSES
DISCRETIONARY
CLAUSES
CLAUSES
Article 1517
Article 17
Article 1517
Discretionary clauses
Discretionary clauses
Discretionary clauses
1.
2.By way of derogation 1.
By way of derogation 1.
2 By way of derogation
from Article 3, paragraph
from Article 3║(1)║ each
from Article 3 paragraph
(1), each Member State
Member State may
, in
(1), each Member State
may in particular for
particular
for
may […] decide
humanitarian
and
humanitarian
and
to
examine
an
compassionate reasons,
compassionate
reasons,
application
for
asylum
decide to examine
decide to examine an
international
an application for asylum
application
for
protection lodged with
international
international
protection
it
by
a
third-country
protection lodged with
lodged with it by a third-
national or a stateless
it
by
a
third-country
country national or a
person , even if such
national or a stateless
stateless person, even if
examination is not its
person , even if such
such examination is not
responsibility under the
examination is not its
its
responsibility
under
criteria laid down in this
responsibility under the
the criteria laid down in
Regulation. […]
criteria laid down in this
this Regulation, provided
Regulation,
provided
that the applicant agrees
that the applicant agrees
thereto.
thereto.
In such an event, that
In such an event, that
[…]
Member
State
shall
Member
State
shall
The Member
State
become the Member State
become the Member State
which
decided
to
ANNEX
96
responsible
within
the
responsible
within
the
examine an application
meaning
of
this
meaning
of
this
for
international
Regulation
and
shall
Regulation
and
shall
protection pursuant to this
assume
the obligations
assume
the obligations
paragraph
[…]
associated
with
that
associated
with
that
shall become the Member
responsibility.
Where
responsibility.
Where
State responsible within
appropriate
applicable, it shall inform
the
meaning
of
this
applicable , it shall
the
Member
State
Regulation
and
shall
inform the Member State
previously
responsible,
assume
the obligations
previously
responsible,
the
Member
State
associated
with
that
the
Member
State
conducting a procedure
responsibility.
Where
conducting a procedure
for
determining
the
appropriate
for
determining
the
Member State responsible
applicable , it shall
Member State responsible
or the Member State
inform the Member State
or the Member State
which has been requested
previously
responsible,
which has been requested
to take charge of or take
the
Member
State
to take charge of or take
back the applicant by
conducting a procedure
back the applicant by
using
the
'DubliNet'
for
determining
the
using
the
'DubliNet'
electronic communication
Member State responsible
electronic communication
network set up under
or the Member State
network set up under
Article 18 of Regulation
which has been requested
Article 18 of Regulation
(EC) No 1560/2003.
to take charge of or take
(EC) No 1560/2003 .
back the applicant by
using
the
'DubliNet'
electronic communication
network set up under
Article 18 of Regulation
(EC) No 1560/2003 .
The
Member
State
The
Member
State
The
Member
State
becoming responsible in
becoming responsible in
becoming responsible in
accordance
with
this
accordance
with
this
accordance
with
this
paragraph
shall
also
paragraph
shall
also
paragraph
shall
also
forthwith
indicate
in
forthwith
indicate
in
forthwith
indicate
in
ANNEX
97
EURODAC
that
it
Eurodac
that
it
has
EURODAC
that
it
assumed
responsibility
assumed
responsibility
assumed
responsibility
pursuant to Article 17(6)
pursuant to
Article 6(3) of
pursuant to Article 17(6)
of Regulation (EC) No
Regulation
(EC)
No
of Regulation (EC) No
[.../...] [concerning the
║.../...║ [concerning the
[.../...] [concerning the
establishment
of
establishment
of
establishment
of
"EURODAC"
for
the
"
Eurodac"
for
the
"EURODAC"
for
the
comparison
of
comparison
of
comparison
of
fingerprints
for
the
fingerprints
for
the
fingerprints
for
the
effective application of
effective application of ║
effective application of
the Dublin Regulation].
Regulation
(EC) No .../...
the Dublin Regulation].
establishing the criteria
and
mechanisms
for
determining the Member
State
responsible
for
examining an applicatio n
for
international
protection lodged in one
of the Member States by a
third-country national or
a stateless person].
2.
1 Any Member State, 2.
The Member State in 2.
1 Any Member State,
even where it is not
which an application for
even where it is not
responsible
under
the
international protection is
responsible
under
the
criteria set out in this
made
and
which
is
criteria set out in this
Regulation,
The
carrying out the process
Regulation,
The
Member State in which an
of
determining
the
Member State in which an
application
for
Member
State
application
for
international protection is
responsible,
or
the
international protection is
made
and
which
is
Member
State
made
and
which
is
carrying out the process
responsible, may, at any
carrying out the process
of
determining
the
time,
request
another
of
determining
the
Member
State
Member State to take
Member
State
ANNEX
98
responsible,
or
the
charge of an applicant in
responsible,
or
the
Member
State
order to bring together
Member
State
responsible, may, at
family members, as well
responsible, may, at
any time, request another
as other relatives, on
any time before a first
Member State to take
humanitarian
grounds
decision
regarding
the
charge of an applicant in
based in particular on
substance
is
taken ,
order to bring together
family
or
cultural
request another Member
family members, as well
considerations, even
State to take charge of an
as
other
dependent
where
that other Member
applicant in order to
relatives, on humanitarian
State is not responsible
bring together […]
grounds
based
in
under the criteria laid
[…]
other
particular on family or
down in Articles 8 to
family members ,
cultural
12║.
The
persons
relatives or relations than
considerations, even
concerned must express
those refered to in Article
where this latter Member
their consent in writing.
2 (g), 2 (ga) and 2 (gb)
State is not responsible
[…]
[…]
under the criteria laid
dependent
[…]
down in Articles 8 to 12
[…] ,
on
of this Regulation . In
humanitarian
grounds
this case that Member
based in particular on
State shall, at the request
family
or
cultural
of another Member State,
considerations, even
examine the application
where this latter Member
for asylum of the person
State is not responsible
concerned. The persons
under the criteria laid
concerned
must
down in Articles 8 to 12
express
their
of this Regulation . In
consent in writing .
this case that Member
State shall, at the request
of another Member State,
examine the application
for asylum of the person
concerned. The persons
concerned
must
ANNEX
99
express
their
consent in writing .
The request to take charge
The request to take charge
The request to take charge
shall
contain
all
the
shall
contain
all
the
shall
contain
all
the
material in the possession
material in the possession
material in the possession
of the requesting Member
of the requesting Member
of the requesting Member
State
to
allow
the
State
to
allow
the
State
to
allow
the
requested Member State
requested Member State
requested Member State
to assess the situation.
to assess the situation.
to assess the situation.
The
requested
The requested Member
The
requested
Member State shall carry
State shall carry out any
Member State shall carry
out the necessary any
necessary
checks
to
out the necessary any
necessary
checks
to
substantiate
the
necessary
checks
to
establish,
where
humanitarian
reasons
establish,
where
applicable,
humanitarian
cited, and shall give a
applicable,
humanitarian
reasons, particularly of a
decision on the request
reasons, particularly of a
family or cultural nature,
within two months of the
family or cultural nature,
the level of dependency
date on which the request
the level of dependency
of the person concerned
was received. A decision
of the person concerned
or
the
ability
or
refusing the request shall
or
the
ability
or
commitment of the other
state the reasons on which
commitment of the other
person
concerned
to
it is based
.
person
concerned
to
provide
the
assistance
provide
the
assistance
desired. to substantiate
desired. to […]
the humanitarian reasons
examine
the
cited, and shall give a
humanitarian
reasons
decision on the request
cited,
and
shall
within two months of the
[…] […]
date on which the request
[…]
[…]
was received. A decision
reply to the requesting
refusing the request shall
Member State within
state the reasons on which
two months of the date on
ANNEX
100
it is based
which the request was
received by using the
'DubliNet'
electronic
communication
network
set up under Article 18 of
Regulation
(EC)
No
1560/2003 .
[…]
[…] […]
[…]
[…]
[…] […] A
reply refusing the request
shall state the reasons on
which
it is based.
[…] .
4.
Where
the
Where
the
requested
4.Where
the
requested Member
Member State accepts the
requested Member
State
thus
approached
request, responsibility for
State
thus
approached
accedes to accepts
examining the application
accedes to accepts
the request, responsibility
shall be transferred to it.
the request, responsibility
for
examining
the
for
examining
the
application
shall
be
application
shall
be
transferred to it.
transferred to it.
CHAPTER V
CHAPTER V
CHAPTER V
TAKING CHARGE AND
TAKING CHARGE AND
TAKING BACK
TAKING BACK
OBLIGATIONS OF THE
OBLIGATIONS OF THE
OBLIGATIONS OF THE
MEMBER STATE
MEMBER STATE
MEMBER STATE
ANNEX
101
RESPONSIBLE
RESPONSIBLE
RESPONSIBLE
Article 1618
Article 18
Article 1618
Obligations of the Member
Obligations of the Member State
Obligations of the Member
State responsible
responsible
State responsible
1.
The
Member
State 1.
The
Member
State 1.
The
Member
State
responsible for examining
responsible for examining
responsible for examining
an application for asylum
an
application
for
an application for asylum
international
international
protection
international
protection under this
under
this
Regulation
protection under this
Regulation
shall
be
shall be obliged to:
Regulation
shall
be
obliged to:
obliged to:
(a)
take charge, under
(a) take charge, under
(a)
take charge, under
the conditions laid
the conditions laid
the conditions laid
down in Articles
down in Articles 21,
down in Articles
2117 to 19, 22 and
22 and 28, of an
2117 to 19, 22 and
28, of an asylum
asylum seeker who
28, of an asylum
seeker
who
has
has
lodged
an
seeker
who
has
lodged
an
application
in
a
lodged
an
application
in
a
different
Member
application
in
a
different
Member
State;
different
Member
State;
State;
(b)(c) take back, under the
(b) take back, under the
(b)(c) take back, under the
conditions
laid
conditions
laid
conditions
laid
down in Articles 23,
down in Articles 23,
down in Articles 23,
24 and 28 20 , an
24
and
28,
an
24 and 28 20 , an
applicant
whose
applicant
whose
applicant
whose
ANNEX
102
application is under
application is under
application is under
examination
and
examination
and
examination
and
who made an
who
made
an
who made an
application
in
application
in
application
in
another
Member
another
Member
another
Member
State or who is in
State or who is in
State or who is in
the
territory
of
the
territory
of
the
territory
of
another
Member
another
Member
another
Member
State
without
State
without
a
State
without
permission
a
residence
permission
a
residence
document;
residence
document ;
document ;
(c)(d) take back, under the
(c) take back, under the
(c)(d) take back, under the
conditions
laid
conditions
laid
conditions
laid
down in Articles 23,
down in Articles 23,
down in Articles 23,
24 and 28 20, an
24
and
28,
an
24
and
28
20,
applicant who has
applicant who has
[…] third
withdrawn
the
withdrawn
the
country national or
application
under
application
under
stateless person
examination
and
examination
and
who has withdrawn
made an application
made an application
the
application
in another Member
in another Member
under
examination
State;
State;
and
made
an
application
in
another
Member
State or who is in
the
territory
of
another
Member
State
without
a
residence
document ;
ANNEX
103
(d)(e) take back, under the
(d)
take back, under the
(d)(e) take back, under the
conditions
laid
conditions
laid
conditions
laid
down in Articles 23,
down in Articles 23,
down in Articles 23,
24 and 28 20, a
24 and 28, a third-
24 and 28 20, a
third-country
country national or
third-country
national
or a
a stateless person
national
or a
stateless person
whose
application
stateless person
whose application it
has been rejected
whose application it
has been rejected
and who made an
has been rejected
and who made an
application
in
and who made an
application
in
another
Member
application
in
another
Member
State or who is in
another
Member
State or who is in
the
territory
of
State or who is in
the
territory
of
another
Member
the
territory
of
another
Member
State
without
a
another
Member
State
without
residence
State
without
permission a
document.
permission a
residence
residence
document .
document.
2. The
Member
State 2.
The
Member
State 2.
The
Member
State
responsible shall in
responsible shall in all
responsible shall in
all circumstances referred
circumstances referred to
all circumstances referred
to in paragraph 1 (a) to
in paragraph 1(a) to (d)
to in paragraph 1 (a)
(d) examine
or
(b)
examine or complete the
[…] and (b)
complete the examination
examination
of
the
examine
or
(b)
of the application for
application
for
complete the examination
asylum;
international
international
protection
of the application for
protection made by the
made by the applicant,
asylum;
international
applicant,
within
the
within the meaning of
protection made by the
meaning of Article 2(d).
Article 2(d). When the
applicant,
within
the
When the Member State
Member State responsible
meaning of Article 2(d).
responsible
had
had
discontinued
the
ANNEX
104
discontinued
the
examination
of
an
examination
of
an
application following its
application following its
withdrawal
by
the
withdrawal
by
the
applicant, it shall revoke
applicant, it shall revoke
that
decision
and
that
decision
and
complete the examination
complete the examination
of the application, within
of the application, within
the meaning of Article
the meaning of Article
2(d).
2(d).
[…] For the cases referred
in
paragraph
1
(c),
when
the
Member
State
responsible
had
discontinued
the
examination
of
an
application following its
withdrawal
by
the
applicant
before
a decision on substance in
first instance has been
taken […] , it
shall […] ensure
that
the
applicant
is
entitled to request that the
examination of his/her
[…] application
is completed or to lodge a
new
application
for
international
protection,
which shall not be treated
as
a
subsequent
ANNEX
105
application as defined in
Directive
[2005/85/EC]
[Procedures Directive]. In
such
cases,
Member
States shall ensure that
the examination of the
application
is
completed , within the
meaning
of
Article
2(d).
For the cases referred
to under paragraph 1 (d),
where the application has
been rejected at first
instance
only,
the
Member State responsible
shall
ensure
that the
person concerned has or
has had, the opportunity
to access an effective
remedy,
pursuant
to
Article 39 of Directive
2005/85/EC. […]
Article19
Article 19
Article19
Cessation of
Cessation of responsibilities
Cessation of
responsibilities
responsibilities
1.
2.Where a Member State 1.
Where a Member State 1.
2.Where a Member State
issues
a
residence
issues
a
residence
issues
a
residence
ANNEX
106
document
to
the
document
to
the
document
to
the
applicant, the obligations
applicant, the obligations
applicant, the obligations
specified in Article 18
specified in Article 18(1),
specified in Article 18
paragraph (1), shall be
shall be transferred to that
paragraph (1), shall be
transferred
to
that
Member State.
transferred
to
that
Member State.
Member State.
2.
3.The
obligations 2.
The obligations specified 2.
3.The
obligations
specified
in
Article18
in Article 18(1), shall
specified
in
Article18
paragraph (1), shall cease
cease where the Member
paragraph (1), shall cease
where
the Member
State
responsible
for
where
the Member
State
responsible
for
examining the application
State
responsible
for
examining the application
can
establish,
when
examining the application
can
establish,
when
requested to take charge
can
establish,
when
requested to take charge
or take back an applicant
requested to take charge
or take back an applicant
or another person as
or take back an applicant
or another person as
referred to in Article
or another person as
referred to in Article
18(1)(d),
that
the
referred to in Article
18(1)(d), that
the third-
person concerned has left
18(1) (c) or (d),
country
national
the
territory
of
the
that
the third-country
person concerned
Member States for at least
national
has left the territory of the
three months, unless the
person concerned
Member States for at least
person
concerned is in
has left the territory of the
three months, unless the
possession of a valid
Member States for at least
third-country
residence
document
three months, unless the
national person
issued by the Member
third-country
concerned is
in
State responsible.
national person
possession of a valid
concerned is
in
residence
document
possession of a valid
issued by the Member
residence
document
State responsible.
issued by the Member
State responsible.
ANNEX
107
An
application
lodged
An
application
lodged
An
application
lodged
after such an absence
after such an absence
after such an absence
shall be regarded as a new
shall be regarded as a new
shall be regarded as a new
application giving rise to
application giving rise to
application giving rise to
a new procedure for the
a new procedure for the
a new procedure for the
determination
of
the
determination
of
the
determination
of
the
Member
State
Member
State
Member
State
responsible.
responsible.
responsible.
3.
4.The
obligations 3.
The obligations specified 3.
4.The
obligations
specified in Article 18
in Article 18(1)(c) and
specified in Article 18
paragraph (1)(c)(d) and
(d), shall cease where the
paragraph (1)(c)(d) and
(d)(e),
shall
likewise
Member State responsible
(d)(e),
shall
likewise
cease once where
for
examining
the
cease once where
the
Member
State
application can establish,
the
Member
State
responsible for examining
when requested to take
responsible for examining
the
application
can
back
an applicant or
the
application
can
establish, when requested
another person as referred
establish, when requested
to take back an applicant
to in Article 18(1)(d), that
to take back an applicant
or another person as
the person concerned has
or another person as
referred to in Article
left the territory of the
referred to in Article
18(1)(d),
that
has
Member
States
in
18(1) (c) or (d),
adopted
and
actually
compliance with a return
that has adopted and
implemented,
following
decision or removal order
actually
implemented,
the
withdrawal
or
which it issued following
following the withdrawal
rejection
of
the
the
withdrawal
or
or
rejection
of
the
application,
the
rejection
of
the
application,
the
provisions
that
are
application.
provisions
that
are
necessary
before
the
necessary
before
the
third-country national can
third-country national can
go to his country of origin
go to his country of origin
or to another country to
or to another country to
which he may lawfully
which he may lawfully
ANNEX
108
travel
the
person
travel
the
person
concerned has left the
concerned has left the
territory of the Member
territory of the Member
States in compliance with
States in compliance with
a
return
decision
a
return
decision
or removal order it issued
or removal order it issued
following the withdrawal
following the withdrawal
or
rejection
of
the
or
rejection
of
the
application .
application.
An
application
lodged
An
application
lodged
An
application
lodged
after an effective removal
after an effective removal
after an effective removal
shall be regarded as a new
shall be regarded as a new
shall be regarded as a new
application giving rise to
application giving rise to
application giving rise to
a new procedure for the
a new procedure for the
a new procedure for the
determination
of
the
determination
of
the
determination
of
the
Member
State
Member
State
Member
State
responsible.
responsible.
responsible.
CHAPTER VI
CHAPTER VI
CHAPTER VI
PROCEDURES FOR
PROCEDURES FOR TAKING
PROCEDURES FOR
TAKING CHARGE AND
CHARGE AND TAKING BACK
TAKING CHARGE AND
TAKING BACK
TAKING BACK
SECTION I: Start of the
Section I
SECTION I: Start of the
procedure
Start of the procedure
procedure
Article 20
Article 420
Article 420
ANNEX
109
Start of the procedure
Start of the procedure
Start of the procedure
1.
The
process
of 1.
The
process
of 1.
The
process
of
determining the Member
determining the Member
determining the Member
State responsible under
State responsible under
State responsible under
this Regulation shall start
this Regulation shall start
this Regulation shall start
as soon as an application
as soon as an application
as soon as an application
for
asylum
for
international
for
asylum
international
protection is first lodged
international
protection
is
first
with a Member State.
protection
is
first
lodged with a Member
lodged with a Member
State.
State.
2.
An application for asylum 2.
An
application
for 2.
An application for asylum
international
international
protection
international
protection
shall
be
shall be deemed to have
protection
shall
be
deemed to have been
been lodged once a form
deemed to have been
lodged
once
a
form
submitted
by
the
lodged
once
a
form
submitted
by
the
applicant
or a report
submitted
by
the
applicant for asylum or a
prepared
by
the
applicant for asylum or a
report prepared by the
authorities has reached
report prepared by the
authorities has reached
the competent authorities
authorities has reached
the competent authorities
of the Member State
the competent authorities
of the Member State
concerned.
Where
an
of the Member State
concerned.
Where
an
application is not made in
concerned.
Where
an
application is not made in
writing, the time elapsing
application is not made in
writing, the time elapsing
between the statement of
writing, the time elapsing
between the statement of
intention
and
the
between the statement of
intention
and
the
preparation of a report
intention
and
the
preparation of a report
should be as short as
preparation of a report
should be as short as
possible.
should be as short as
possible.
possible.
ANNEX
110
3.
For the purposes of this 3.
For the purposes of this 3.
For the purposes of this
Regulation, the situation
Regulation, the situation
Regulation, the situation
of
a
minor
who
is
of
a
minor
who
is
of
a
minor
who
is
accompanying the asylum
accompanying the asylum
accompanying the asylum
seeker and meets the
seeker and meets the
seeker and meets the
definition of a family
definition of a family
definition of a family
member set out in Article
member set out in Article
member set out in Article
2, point (i) shall be
2║(i)
shal
be
2, point […] g
indissociable from that of
indissociable from that of
shall
be
indissociable
his parent or guardian and
his
/her parent or guardian
from that of his /her
shall be a matter for the
and shall be a matter for
family
member
Member State responsible
the
Member
State
[…] and shall be a
for
examining
the
responsible for examining
matter for the Member
application
for
the
application
for
State
responsible
for
asylum international
international protection of
examining the application
protection
of
that
that parent or guardian,
for
parent or guardian, even
even if the minor is not
asylum international
if
the
minor
is
not
individually
an
asylum
protection
of
that
individually
an
asylum
seeker, provided that this
[…]
family
seeker , provided that
is
in
his/her
best
member, , even if the
this is in his/her best
interests. The
same
minor is not individually
interests . The same
treatment shall be applied
an asylum seeker ,
treatment shall be applied
to children born after the
provided that this is in
to children born after the
asylum seeker arrives in
his/her best interests
asylum seeker arrives in
the
territory
of
the
. The same treatment shall
the
territory
of
the
Member States, without
be applied to children
Member States, without
the need to initiate a new
born after the asylum
the need to initiate a new
procedure
for
taking
seeker arrives in the
procedure
for
taking
charge of them.
territory of the Member
charge of them.
States, without the need
to
initiate
a
new
ANNEX
111
procedure
for
taking
charge of them.
4.
Where an application for 4.
Where an application for 4.
Where an application for
asylum
international
international protection is
asylum
international
protection
is
lodged
lodged
with
the
protection
is
lodged
with
the
competent
competent authorities of a
with
the
competent
authorities of a Member
Member State by an
authorities of a Member
State by an applicant who
applicant who is in the
State by an applicant who
is in the territory of
territory
of
another
is in the territory of
another Member State,
Member
State,
the
another Member State,
the determination of the
determination
of
the
the determination of the
Member State responsible
Member State responsible
Member State responsible
shall be made by the
shall be made by the
shall be made by the
Member State in whose
Member State in whose
Member State in whose
territory the applicant is
territory the applicant is
territory the applicant is
present.
The
latter
present.
The
latter
present.
The
latter
Member State shall be
Member State shall be
Member State shall be
informed without delay
informed without delay
informed without delay
by the Member State
by the Member State
by the Member State
which
received
the
which
received
the
which
received
the
application and shall then,
application and shall then,
application and shall then,
for the purposes of this
for the purposes of this
for the purposes of this
Regulation, be regarded
Regulation, be regarded
Regulation, be regarded
as the Member State with
as the Member State with
as the Member State with
which the application for
which the application for
which the application for
asylum
international
international
protection
asylum
international
protection was lodged.
was lodged.
protection was lodged.
The applicant shall be
The applicant shall be
The applicant shall be
informed in writing of
informed in writing of
informed in writing of
this transfer and of the
this transfer and of the
this transfer and of the
ANNEX
112
date on which it took
date on which it took
date on which it took
place.
place.
place.
5.
An asylum seeker who is 5.
An asylum seeker who is 5.
An asylum seeker who is
present
in
another
present
in
another
present
in
another
Member State and there
Member
State
where
Member State […]
lodges an application for
he/she
lodges
an
without a residence
asylum
international
application
for
document or who there
protection
after
international
protection
lodges an application for
withdrawing
his
after withdrawing his
/her
asylum
international
first
application
first application made in a
protection
after
made in a different
different
Member
withdrawing
his
Member
State during
State during the process
first
application
the
process
of
of
determining
the
made in a different
determining the Member
Member State responsible
Member
State during
State responsible shall be
shall be taken back, under
the
process
of
taken back, under the
the conditions laid down
determining the Member
conditions laid down in
in Articles 23, 24 and 28,
State responsible shall be
Articles 2023, 24 and 28 ,
by the Member State with
taken back, under the
by the Member State with
which that application for
conditions laid down in
which that application for
international
protection
Articles 2023, 24 and 28 ,
asylum
international
was
first lodged, with a
by the Member State with
protection
was
view to completing the
which that application for
firstly
lodged,
process of determining
asylum
international
with a view to completing
the
Member
State
protection
was
the
process
of
responsible for examining
firstly
lodged,
determining the Member
the
application
for
with a view to completing
State
responsible
for
international protection.
the
process
of
examining the application
determining the Member
for
asylum
State
responsible
for
international protection
examining the application
for
asylum
ANNEX
113
.
international protection
.
This
obligation
shall
This
obligation
shall
This
obligation
shall
cease,
where
the
cease where the Member
cease,
where
the
Member State requested
State
requested
to
Member State requested
to complete the process of
complete the process of
to complete the process of
determining
the
determining
the
determining
the
responsible Member State
responsible Member State
responsible Member State
can establish that if the
is able to establish that
can establish that if the
asylum seeker has in the
the asylum seeker has in
asylum seeker has in the
meantime
left
the
the meantime left the
meantime
left
the
territories of the Member
territory of the Member
territories of the Member
States for a period of at
States for a period of at
States for a period of at
least three months or has
least three months or has
least three months or has
obtained
a
residence
obtained
a
residence
obtained
a
residence
document
from
document from another
document
from
another a Member
Member State.
another a Member
State.
State.
An
application
lodged
An
application
lodged
An
application
lodged
after such an absence
after such an absence
after such an absence
shall be regarded as a new
shall be regarded as a new
shall be regarded as a new
application giving rise to
application giving rise to
application giving rise to
a new procedure for the
a new procedure for the
a new procedure for the
determination
of
the
determination
of
the
determination
of
the
responsible
Member
responsible
Member
responsible
Member
State.
State.
State.
Section II: Procedures for take
Section II
Section II: Procedures for take
ANNEX
114
charge requests
Procedures for take-charge
charge requests
requests
Article 1721
Article 21
Article 1721
Submitting a take charge request
Submitting a take charge
Submitting a take charge
request
request
1.
Where a Member State 1.
Where a Member State 1.
Where a Member State
with which an application
with which an application
with which an application
for
asylum
for
international
for
asylum
international
protection
has
been
international
protection
has been
lodged
considers
that
protection
has been
lodged
considers
that
another Member State is
lodged
considers
that
another Member State is
responsible for examining
another Member State is
responsible for examining
the application, it may, as
responsible for examining
the application, it may, as
quickly as possible and in
the application, it may, as
quickly as possible and in
any
event within three
quickly as possible and in
any case within three
months of the date on
any case within three
months of the date on
which the application was
months of the date on
which the application was
lodged
within
the
which the application was
lodged
within
the
meaning of Article 20(2),
lodged
within
the
meaning
of
Article
request the other Member
meaning
of
Article
420(2),
call
upon
State to take charge of the
420(2),
call
upon
request the other
applicant.
request the other
Member State to take
Member State to take
charge of the applicant.
charge of the applicant.
In
case
of
a
EURODAC hit with data
recorded
pursuant
to
Article 10 of Regulation
ANNEX
115
(EC)
No
[…/…]
concerning
the
establishment
of
"EURODAC"
for
the
comparison
of
fingerprints
for
the
effective application of
the
Dublin
Regulation,
the request shall be sent
within two months of
receiving that hit pursuant
to Article 11(2) of that
Regulation.
Where the request to take
Where the request to take
Where the request to take
charge of an applicant is
charge of an applicant is
charge of an applicant is
not
made
within
the
not made within
that
not
made
within
the
period of three months,
period of three months,
period of three months
responsibility
for
responsibility
for
or
two
months
examining the application
examining the application
respectively
,
for
asylum
for
international
responsibility
for
international
protection shall lie with
examining the application
protection
shall
lie
the Member State in
for
asylum
with the Member State in
which the application was
international
which the application was
lodged.
protection
shall
lie
lodged.
with the Member State in
which the application was
lodged.
2.
The requesting Member 2.
The requesting Member 2.
The requesting Member
State may ask for an
State may ask for an
State may ask for an
urgent reply in cases
urgent reply in cases
urgent reply in cases
where the application for
where the application for
where the application for
asylum
international
international
protection
asylum
international
ANNEX
116
protection was lodged
was lodged after leave to
protection was lodged
after leave to enter or
enter
or remain was
after leave to enter or
remain was refused, after
refused, after an arrest for
remain was refused, after
an arrest for an unlawful
an unlawful stay or after
an arrest for an unlawful
stay or after the service or
the service or execution
stay or after the service or
execution of a removal
of a removal order and/or
execution of a removal
order and/or where the
where the asylum seeker
order and/or where the
asylum seeker is held in
is
being held in detention.
asylum seeker is held in
detention.
detention.
The request shall state the
The request shall state the
The request shall state the
reasons
warranting
an
reasons
warranting
an
reasons
warranting
an
urgent
reply
and the
urgent
reply
and the
urgent
reply
and the
period within which a
period within which a
period within which a
reply is expected. This
reply is expected.
That
reply is expected. This
period shall be at least
period shall be at least
period shall be at least
one week.
one week.
one week.
3.
In both cases, the request 3.
In both cases, the request 3.
In both cases, the request
that charge be taken by
that charge be taken by
that charge be taken by
another Member State
another Member State
another Member State
shall be made using a
shall be made using a
shall be made using a
standard
form
and
standard
form
and
standard
form
and
including
proof
or
including
proof
or
including
proof
or
circumstantial evidence as
circumstantial evidence as
circumstantial evidence as
described in the two lists
described in the two lists
described in the two lists
mentioned
in
Article
mentioned
in
Article
mentioned
in
Article
1822(3) and/or relevant
22(3)
and/or
relevant
1822(3) and/or relevant
elements from the asylum
elements from the asylum
elements from the asylum
seeker's
statement,
seeker's
statement,
seeker's
statement,
enabling the authorities of
enabling the authorities of
enabling the authorities of
ANNEX
117
the requested Member
the requested Member
the requested Member
State to check whether it
State to check whether it
State to check whether it
is responsible on the basis
is responsible on the basis
is responsible on the basis
of the criteria laid down
of the criteria laid down
of the criteria laid down
in this Regulation.
in this Regulation.
in this Regulation.
The
rules
on
the
The
rules
on
the
preparation of and the
The
rules
on
the
preparation of and the
procedures
for
preparation of and the
procedures
for
transmitting requests shall
procedures
for
transmitting requests shall
be adopted in accordance
transmitting requests shall
be adopted in accordance
with
the
procedure
be adopted in accordance
with
the
procedure
referred to in Article
with
the
regulatory
referred to in Article
40(2) 27(2).
procedure referred to in
40(2) 27(2).
Article 41(2).
Article 1822
Article 22
Article 1822
Replying to a take charge
Replying to a take-charge request
Replying to a take charge
request
request
1.
The requested Member 1.
The requested Member 1.
The requested Member
State
shall make the
State
shall make the
State
shall make the
necessary checks, and
necessary checks, and
necessary checks, and
shall give a decision on
shall give a decision on
shall give a decision on
the request to take charge
the request to take charge
the request to take charge
of an applicant within two
of an applicant within two
of an applicant within two
months of the date on
months of the date on
months of the date on
which the request was
which the request was
which the request was
ANNEX
118
received.
received.
received.
2.
In
the procedure for 2.
In
the procedure for 2.
In
the procedure for
determining the Member
determining the Member
determining the Member
State
responsible
for
State
responsible
for
State
responsible
for
examining the application
examining the application
examining the application
for
asylum
for
international
for
asylum
international
protection established in
international
protection
established
this Regulation, elements
protection
established
in
this
Regulation,
of
proof
and
in
this
Regulation,
elements of proof and
circumstantial
evidence
elements of proof and
circumstantial
evidence
shall be used.
circumstantial
evidence
shall be used.
shall be used.
3.
In accordance with the 3.
In accordance with the 3.
In accordance with the
procedure referred to in
regulatory
procedure
procedure referred to in
Article 27(2) 40(2) two
referred to in
Article
Article 27(2) 40(2) two
lists shall be established
41(2) two lists shall be
lists shall be established
and
periodically
established
and
and
periodically
reviewed, indicating the
periodically
reviewed,
reviewed, indicating the
elements of proof and
indicating the elements of
elements of proof and
circumstantial evidence in
proof and circumstantial
circumstantial evidence in
accordance
with
the
evidence in accordance
accordance
with
the
following criteria:
with
the
following
following criteria:
criteria:
(a)
Proof:
(a) Proof:
(a)
Proof:
(i)
This refers to
(i) This refers to
(i)
This refers to
formal
proof
formal
proof
formal
proof
which
which
which
determines
determines
determines
responsibility
responsibility
responsibility
pursuant
to
pursuant
to
pursuant
to
ANNEX
119
this
this
this
Regulation, as
Regulation, as
Regulation, as
long as it is
long as it is
long as it is
not refuted by
not refuted by
not refuted by
proof to the
proof to the
proof to the
contrary.
contrary.
contrary;
(ii)
The Member
(ii) The Member
(ii)
The Member
States
shall
States
shall
States
shall
provide
the
provide
the
provide
the
Committee
Committee
Committee
provided
for
provided
for
provided
for
in Article 27
in
Article 41
in Article 27
40
with
with
models
40
with
models of the
of
the
models of the
different types
different types
different types
of
of
of
administrative
administrative
administrative
documents, in
documents, in
documents, in
accordance
accordance
accordance
with
the
with
the
with
the
typology
typology
typology
established in
established in
established in
the
list
of
the
list
of
the
list
of
formal proofs.
formal proofs.
formal proofs.
(b)
Circumstantial
(b) Circumstantial
(b)
Circumstantial
evidence:
evidence:
evidence:
(i)
This refers to
(i) This refers to
(i)
This refers to
indicative
indicative
indicative
elements
elements
elements
ANNEX
120
which
while
which
while
which
while
being
being
being
refutable may
refutable may
refutable may
be sufficient,
be sufficient,
be sufficient,
in
certain
in
certain
in
certain
cases,
cases,
cases,
according
to
according
to
according
to
the
the
evidential
the
evidentiary
value
evidentiary
value
attributed
to
value
attributed
to
them.
attributed
to
them.
them;
(ii)
Their
(ii) Their
(ii)
Their
evidentiary
evidential
evidentiary
value,
in
value,
in
value,
in
relation to the
relation to the
relation to the
responsibility
responsibility
responsibility
for examining
for examining
for examining
the
the
the
application
application
application
for
asylum
for
for
asylum
internation
international
internation
al
protection,
al
protection
shall
be
protection
shall
be
assessed on a
shall
be
assessed on a
case-by-case
assessed on a
case-by-case
basis.
case-by-case
basis.
basis.
4.
The requirement of proof 4.
The requirement of proof 4.
The requirement of proof
should not exceed what is
should not exceed what is
should not exceed what is
necessary for the proper
necessary for the proper
necessary for the proper
application
of
this
application
of
this
application
of
this
ANNEX
121
Regulation.
Regulation.
Regulation.
5.
If there is no formal 5.
If there is no formal 5.
If there is no formal
proof,
the
requested
proof,
the
requested
proof,
the
requested
Member
State
shall
Member
State
shall
Member
State
shall
acknowledge
its
acknowledge
its
acknowledge
its
responsibility
if
the
responsibility
if
the
responsibility
if
the
circumstantial evidence is
circumstantial evidence is
circumstantial evidence is
coherent, verifiable and
coherent, verifiable and
coherent, verifiable and
sufficiently
detailed
to
sufficiently
detailed
to
sufficiently
detailed
to
establish responsibility.
establish responsibility.
establish responsibility.
6.
Where
the
requesting 6.
Where
the
requesting 6.
Where
the
requesting
Member
State
has
Member
State
has
Member
State
has
pleaded
urgency,
in
pleaded
urgency
in
pleaded
urgency,
in
accordance
with
the
accordance
with
the
accordance
with
the
provisions
of
Article
provisions
of
Article
provisions
of
Article
17(2) 21(2), the requested
21(2),
the
requested
17(2) 21(2), the requested
Member State shall make
Member State shall make
Member State shall make
every effort to conform to
every effort to
comply
every effort to conform to
the time limit requested.
with
the
time
limit
the time limit requested.
In
exceptional
cases,
requested. In exceptional
In
exceptional
cases,
where
it
can
be
cases, where it can be
where
it
can
be
demonstrated
that
the
demonstrated
that
the
demonstrated
that
the
examination of a request
examination of a request
examination of a request
for taking charge of an
for taking charge of an
for taking charge of an
applicant is particularly
applicant is particularly
applicant is particularly
complex, the requested
complex, the requested
complex, the requested
Member State may give
Member State may give
Member State may give
the reply after the time
its reply after the time
the reply after the time
limit requested, but in any
limit requested, but in any
limit requested, but in any
case within one month. In
event within one month.
case within one month. In
ANNEX
122
such
situations
the
In such situations the
such
situations
the
requested Member State
requested Member State
requested Member State
must
communicate
its
shall
communicate
its
must
communicate
its
decision to postpone a
decision to postpone a
decision to postpone a
reply to the requesting
reply to the requesting
reply to the requesting
Member State within the
Member State within the
Member State within the
time
limit
originally
time
limit
originally
time
limit
originally
requested.
requested.
requested.
7.
Failure to act within the 7.
Failure to act within the 7.
Failure to act within the
two-month
period
two-month
period
two-month
period
mentioned in paragraph 1
mentioned in paragraph 1
mentioned in paragraph 1
and the one-month period
and the one-month period
and the one-month period
mentioned in paragraph 6
mentioned in paragraph 6
mentioned in paragraph 6
shall be tantamount to
shall be tantamount to
shall be tantamount to
accepting the request, and
accepting the request, and
accepting the request, and
entail the obligation to
entail the obligation to
entail the obligation to
take charge of the person,
take charge of the person,
take charge of the person,
including the provisions
including
the obligation
including the provisions
obligation
to
to provide for proper
obligation
to
provide
for
proper
reception
arrangements
provide
for
proper
arrangements for arrival.
║.
arrangements for arrival.
Section III. Procedures for
Section III
Section III. Procedures for
take back requests
Procedures for take-back requests
take back requests
Article 20 23
Article 23
Article 20 23
ANNEX
123
Submitting a take back
Submitting a take-back request
Submitting a take back request
request
when a new application has
been lodged in the requesting
Member State
1.
An asylum seeker shall be 1.
Where a Member State 1.
Where a Member State
taken back Where a
with which a subsequent
with which a person as
Member State with which
application
for
referred to in Article
a subsequent application
international
protection
18(1)(b), (c) or (d) lodged
for
international
has been lodged or on
a new application for
protection
has
been
whose
territory
an
international
protection,
lodged
or
on
whose
applicant
or
another
considers
that
another
territory an applicant or
person as referred to in
Member
State
is
another person as referred
Article 18(1)(d) is staying
responsible in accordance
to in Article 18(1)(d) is
without
a
residence
with Article 20(5) and
staying
without
a
document, considers that
Article 18(1)(b), (c) and
residence
document,
another Member State is
(d), it may request that
considers
that
another
responsible in accordance
other Member State to
Member
State
is
with Article 20(5) and
take back that person.
responsible
in
Article 18(1)(b), (c) and
accordance with Article
(d), it may request that
420(5)
and
Article
other Member State to
1618(1) (c)(b), (d)(c) and
take back that person.
(e)(d), as follows: it
may request that other
Member State to take
back that person.
2.
In case of a subsequent 2.
In
the
event
of
a 2.
The request to take back
application
for
subsequent application for
the
person
concerned
international
protection,
international
protection,
shall be made as quickly
the request to take back
the request to take back
as possible and in any
ANNEX
124
the
person
concerned
the
person
concerned
case within two months of
shall be made as quickly
shall be made as quickly
receiving the EURODAC
as possible and in any
as possible and in any
hit, pursuant to Article
case within two months of
event within
one month
6(5) of Regulation (EC)
receiving the EURODAC
of receiving the
Eurodac
No [.../...] [concerning the
hit, pursuant to Article
hit, pursuant to
Article
establishment
of
6(5) of Regulation (EC)
6(6) of Regulation (EC)
"EURODAC"
for
the
No [.../...] [concerning the
No ║.../...║ [concerning
comparison
of
establishment
of
the
establishment
of
fingerprints
for
the
"EURODAC"
for
the
“
Eurodac”
for
the
effective application of
comparison
of
comparison
of
the Dublin Regulation].
fingerprints
for
the
fingerprints
for
the
effective application of
effective application of ║
the Dublin Regulation].
Regulation
(EC) No .../...
establishing the criteria
and
mechanisms
for
determining the Member
State
responsible
for
examining an applicatio n
for
international
protection lodged in one
of the Member States by a
third-country national or
a stateless person].
If the request to take back
If the request to take back
the applicant who lodged
the applicant who lodged
a subsequent application
a subsequent application
for
international
for
international
protection is based on
protection is based on
evidence other than data
evidence other than data
obtained
from
the
obtained
from
the
ANNEX
125
EURODAC system, it
Eurodac system, it shall
shall be sent to the
be sent to the requested
requested Member State
Member
State
within
within three months of the
three months of the date
date
on
which
the
on which the application
application
for
for
international
international
protection
protection
was
lodged
was lodged within the
within the meaning of
meaning of Article 20(2).
Article 20(2).
3
Where
there
is
no 3
.
Where
there
is
no
subsequent application for
subsequent application for
international
protection,
international
protection,
and in case the requesting
and if the requesting
Member State decides to
Member State decides to
search the EURODAC
search
the
Eurodac
system
in
accordance
system
in
accordance
with
Article
13
of
with
Article
13
of
Regulation
(EC)
No
Regulation
(EC)
No
[.../...] [concerning the
║.../...║ [concerning the
establishment
of
establishment
of
"EURODAC"
for
the
“
Eurodac”
for
the
comparison
of
comparison
of
fingerprints
for
the
fingerprints
for
the
effective application of
effective application of ║
the Dublin Regulation],
Regulation
(EC) No .../...
the request to take back
establishing the criteria
the
person
concerned
and
mechanisms
for
shall be made as quickly
determining the Member
as possible and in any
State
responsible
for
case within two months of
examining an applicatio n
receiving the EURODAC
for
international
ANNEX
126
hit, pursuant to Article
protection lodged in one
13(4) of that Regulation.
of the Member States by a
third-country national or
a stateless person], the
request to take back the
person concerned shall be
made
as
quickly
as
possible and in any
event within
one month of
receiving the
Eurodac hit,
pursuant to Article 13(4)
of that Regulation.
If the request to take back
If the request to take back
If the request to take back
the person concerned is
the person concerned is
the person concerned is
based on evidence other
based on evidence other
based on evidence other
than data obtained from
than data obtained from
than data obtained from
the EURODAC system, it
the
Eurodac system, it
the EURODAC system, it
shall be sent to the
shall be sent to the
shall be sent to the
requested Member State
requested Member State
requested Member State
within three months of the
within three months of the
within three months of the
date
on
which
the
date
on
which
the
date
on
which
the
requesting Member State
requesting Member State
application
for
becomes
aware
that
becomes
aware
that
international
protection
another Member State
another Member State
was lodged within the
may be responsible for
may be responsible for
meaning of Article 20(2).
the person concerned.
the person concerned.
4.
Where the request to take 4.
Where the request to take 3.
Where the request to take
back of an applicant or
back of an applicant or
back
the
person
ANNEX
127
another person as referred
another person as referred
concerned is not made
to in Article 18(1)(d) is
to in Article 18(1)(d) is
within the periods laid
not
made
within
the
not
made
within
the
down in paragraph 2,
periods
laid
down
in
periods
laid
down
in
responsibility
for
paragraphs
2
and
3,
paragraphs 2 and 3
of this
examining the application
responsibility
for
Article, responsibility for
for
international
examining the application
examining the application
protection shall lie with
for
international
for
international
the Member State in
protection shall lie with
protection shall lie with
which the new application
the Member State in
the Member State in
was lodged.
which the application was
which the application was
subsequently lodged or on
subsequently lodged or on
whose territory the person
whose territory the person
is
staying
without
a
is
staying
without
a
residence document.
residence document.
5
(a) Tthe request for the 5
.
The
request
for
the 4.
The request for the person
applicant
or
for
applicant or for another
concerned to be taken
another person as referred
person as referred to in
back shall be made using
to in Article 18(1)(d)
Article 18(1)(d) to be
a
standard form and
to be taken back shall
taken back shall be made
including
proof
or
be made using a standard
using a standard form and
circumstantial
evidence
form and including proof
including
proof
or
and/or relevant elements
or circumstantial evidence
circumstantial
evidence
from
the
person’s
and/or relevant elements
and/or relevant elements
statements, enabling the
from
the
person's
from
the
person's
authorities
of
the
statements,
must
statements,
enabling
requested Member State
contain
information
the authorities
of
the
to check whether it is
enabling
requested Member State
responsible.
the authorities
of
to check whether it is
the requested Member
responsible.
State
to
check
that
ANNEX
128
whether
it
is
responsible.
3.
The rules of proof
The rules of proof and
The rules of proof and
and evidence and their
evidence
and
their
evidence
and
their
interpretation, and on the
interpretation, and on the
interpretation, and on the
preparation of and the
preparation of and the
preparation of and the
procedures
for
procedures
for
procedures
for
transmitting
requests,
transmitting
requests,
transmitting
requests,
shall
be
adopted
in
shall
be
adopted
in
shall
be
adopted
in
accordance
with
the
accordance
with
the
accordance
with
the
procedure referred to in
regulatory
procedure
procedure referred to in
Article 27(2)40(2).
referred to in
Article
Article 40(2).
41(2).
Article 23A
Submitting a take back request
when no new application for
international protection has been
lodged in the requesting Member
State
1.
Where a Member State on
whose territory a person
as referred to in Article
18(1)(b), (c) or (d), is
staying
without
a
residence document and
with
which
no
new
application
for
international
protection
ANNEX
129
has
been
lodged,
considers
that
another
Member
State
is
responsible in accordance
with Article 20(5) and
Article 18(1)(b), (c) and
(d), it may request that
Member State to take
back that person.
2.
By
derogation
from
Article 6(2) of Directive
2008/115/EC,
where a
Member State on whose
territory
a
person
is
staying
without
a
residence
document
decides to search the
EURODAC system in
accordance with article 13
of Regulation (EC) No
[.../...] [concerning the
establishment
of
"EURODAC"
for
the
comparison
of
fingerprints
for
the
effective application of
the Dublin Regulation],
the request to take back a
person as referred to in
Article 18 (1) (b) or (c),
or a person as referred to
in article 18 (1) (d) whose
application
for
ANNEX
130
international
protection
not has been rejected by a
final decision shall be
made
as
quickly
as
possible and in any case
within two months of
receiving the EURODAC
hit, pursuant to Article
13(4) of that Regulation.
If the request to take back
the person concerned is
based on evidence other
than data obtained from
the EURODAC system, it
shall be sent to the
requested Member State
within three months of the
date
on
which
the
requesting Member State
becomes
aware
that
another Member State
may be responsible for
the person concerned.
3.
Where the request to take
back
the
person
concerned, is not made
within the periods laid
down in paragraph 2, the
Member State on whose
territory
the
person
concerned
is
staying
without
a
residence
ANNEX
131
document shall give the
person the opportunity to
lodge a new application
[…] .
4.
Where
a
person
as
referred to in Article
18(1)(d)
whose
application
for
international
protection
has been rejected by a
final
decision
in
one
Member State is on the
territory
of
another
Member State without a
residence document, the
second
Member
State
may either request the
first Member State to take
back
the
person
concerned or carry out a
return
procedure
in
accordance with Directive
2008/115/EC
of
the
European Parliament and
of the Council of 6
December
2008
on
common standards and
procedures in Member
States
for
returning
illegally
staying
third-
country nationals.
ANNEX
132
When the second Member
State decided to request
the first Member State to
take back the person
concerned, the rules laid
down
in
Directive
2008/115/EC
shall
not
apply.
5.
The request for the person
referred to in Article
18(1)(b), (c) or (d) to be
taken back shall be made
using a standard form and
including
proof
or
circumstantial
evidence
and/or relevant elements
from
the
person’s
statements, enabling the
authorities
of
the
requested Member State
to check whether it is
responsible.
The rules of proof and
evidence
and
their
interpretation, and on the
preparation of and the
procedures
for
transmitting
requests,
shall
be
adopted
in
accordance
with
the
procedure referred to in
ANNEX
133
Article 40(2).
[…]
[…]
[…]
Article 24
Article 24
Article 24
Replying to a take back request
Replying to a take back
Replying to a take back
request
request
(b)1.
t
The 1.
The
requested Member (b)1.
t
The
requested Member
State
shall make the
requested Member
State called upon to take
necessary
checks
and
State called upon to take
back the applicant shall
shall
issue a decision on
back the applicant shall
be obliged to make the
the request to take back
be obliged to make the
necessary
checks
and
the person concerned as
necessary
checks
and
shall give a decision
quickly as possible and in
shall give a decision
on reply to the request
any
event
no
later
on reply to the request
to take back the
than one month from the
to take back the
person
concerned
date on which the request
person
concerned
addressed to it as quickly
was received. When the
addressed to it as quickly
as possible and under no
request is based on data
as possible and under no
circumstances exceeding
obtained
from
the
circumstances exceeding
a period of in any
Eurodac system,
that time
a period of in any
event no later than one
limit
shall be reduced to
event no later than one
month from the referral
two weeks.
month from the referral
date on which the
date on which the
request was received .
request was received .
When the request is based
When the request is based
ANNEX
134
on data obtained from the
on data obtained from the
Eurodac system, this time
Eurodac system, this time
limit is reduced to two
limit is reduced to two
weeks;.
weeks;.
(c)2.
where
the
requested 2.
Failure to act within the (c)2.
where
the
requested
Member State does not
one month period or the
Member State does not
communicate
its
two
weeks
period
communicate
its
decision Failure
to
mentioned in paragraph
decision Failure
to
act within
the
one
║1║ shall be tantamount
act within
the
one
month period or the two
to accepting the request,
month period or the two
weeks period mentioned
and entail the obligation
weeks period mentioned
in
subparagraph
to take back the person
in
subparagraph
(b) (1), shall
be
concerned, including the
(b) (1), shall
be
tantamount to accepting
obligation to provide for
tantamount to accepting
the
request
,and
proper
reception
the
request
,and
entail the obligation it
arrangements.
entail the obligation it
shall be considered to
shall be considered to
have agreed to take back
have agreed to take back
the
asylum
the
asylum
seeker person
seeker person
concerned
,
concerned
,
including the obligation
including the obligation
to provide for proper
to provide for proper
arrangements
for
arrangements
for
arrival .
arrival .
(d) a Member State which
(d) a Member State which
agrees to take back an
agrees to take back an
asylum seeker shall be
asylum seeker shall be
obliged to readmit that
obliged to readmit that
person to its territory. The
person to its territory. The
transfer shall be carried
transfer shall be carried
out in accordance with the
out in accordance with the
ANNEX
135
national
law
of
the
national
law
of
the
requesting Member State,
requesting Member State,
after consultation between
after consultation between
the
Member
States
the
Member
States
concerned, as soon as
concerned, as soon as
practically possible, and
practically possible, and
at the latest within six
at the latest within six
months of acceptance of
months of acceptance of
the request that charge be
the request that charge be
taken by another Member
taken by another Member
State or of the decision on
State or of the decision on
an appeal or review where
an appeal or review where
there is a suspensive
there is a suspensive
effect;
effect;
(e)
the
requesting
(e)
the
requesting
Member State shall notify
Member State shall notify
the asylum seeker of the
the asylum seeker of the
decision concerning his
decision concerning his
being taken back by the
being taken back by the
Member
State
Member
State
responsible. The decision
responsible. The decision
shall set out the grounds
shall set out the grounds
on which it is based. It
on which it is based. It
shall contain details of the
shall contain details of the
time limit on carrying out
time limit on carrying out
the transfer and shall, if
the transfer and shall, if
necessary,
contain
necessary,
contain
information on the place
information on the place
and date at which the
and date at which the
applicant should appear,
applicant should appear,
if he is travelling to the
if he is travelling to the
Member State responsible
Member State responsible
by his own means. This
by his own means. This
ANNEX
136
decision may be subject
decision may be subject
to an appeal or a review.
to an appeal or a review.
Appeal
or
review
Appeal
or
review
concerning this decision
concerning this decision
shall not suspend the
shall not suspend the
implementation
of
the
implementation
of
the
transfer except when the
transfer except when the
courts
or
competent
courts
or
competent
bodies so decide in a
bodies so decide in a
case-by-case basis if the
case-by-case basis if the
national legislation allows
national legislation allows
for this.
for this.
If necessary, the asylum
If necessary, the asylum
seeker shall be supplied
seeker shall be supplied
by the requesting Member
by the requesting Member
State with a laissez passer
State with a laissez passer
of the design adopted in
of the design adopted in
accordance
with
the
accordance
with
the
procedure referred to in
procedure referred to in
Article 27(2).
Article 27(2).
The
Member
State
The
Member
State
responsible shall inform
responsible shall inform
the requesting Member
the requesting Member
State, as appropriate, of
State, as appropriate, of
the safe arrival of the
the safe arrival of the
asylum seeker or of the
asylum seeker or of the
fact that he did not appear
fact that he did not appear
within the set time limit.
within the set time limit.
2. Where the transfer does
2. Where the transfer does
not take place within the
not take place within the
six months' time limit,
six months' time limit,
ANNEX
137
responsibility
shall
lie
responsibility
shall
lie
with the Member State in
with the Member State in
which the application for
which the application for
asylum was lodged. This
asylum was lodged. This
time
limit
may
be
time
limit
may
be
extended
up
to
a
extended
up
to
a
maximum of one year if
maximum of one year if
the
transfer
or
the
the
transfer
or
the
examination
of
the
examination
of
the
application could not be
application could not be
carried
out
due
to
carried
out
due
to
imprisonment
of
the
imprisonment
of
the
asylum seeker or up to a
asylum seeker or up to a
maximum
of
eighteen
maximum
of
eighteen
months if the asylum
months if the asylum
seeker absconds.
seeker absconds.
3. The rules of proof and
3. The rules of proof and
evidence
and
their
evidence
and
their
interpretation, and on the
interpretation, and on the
preparation of and the
preparation of and the
procedures
for
procedures
for
transmitting
requests,
transmitting
requests,
shall
be
adopted
in
shall
be
adopted
in
accordance
with
the
accordance
with
the
procedure referred to in
procedure referred to in
Article 27(2).
Article 27(2).
4. Supplementary rules on
4. Supplementary rules on
carrying out transfers may
carrying out transfers may
be adopted in accordance
be adopted in accordance
with
the
procedure
with
the
procedure
referred to in Article
referred to in Article
ANNEX
138
27(2).
27(2).
Section IV. Procedural
Section IV
Section IV. Procedural
safeguards
Procedural safeguards
safeguards
Article 1925
Article 25
Article 1925
Notification of a transfer decision
Notification of a transfer
Notification of a transfer
decision
decision
1.
Where
the
requested 1.
Where
the
requested 1.
Where
the
requested
Member State accepts
Member State agrees to
Member State accepts
agrees
that
it
take charge or to take
agrees
that
it
should
to take
back an
applicant
or
should
to take
charge of or to take
another person as referred
charge of or to take
back an
applicant
to in Article 18(1)(d), the
back an
applicant
or another person as
requesting Member State
or another person as
referred to in Article
shall notify the person
referred to in Article
18(1)(d),
the
concerned of the decision
18(1) (c) or (d),
requesting
to transfer him/her to the
the
requesting
Member State in which
responsible Member State
Member State in which
the application for asylum
and,
where
applicable,
the application for asylum
was lodged shall notify
that
it
will
not
be
was
lodged
shall
the applicant person
examining
his/her
[…]
concerned
of
the
application
for
communicate to the
decision not to examine
international
protection.
applicant
person
the application, and of
Such notification shall be
concerned
of
the
the obligation of the
made in writing, in a
decision not to examine
decision to transfer
language
which
the
the application, and of
him/her the
applicant understands or
the obligation
applicant
to
the
may
reasonably
be
[…] the decision
ANNEX
139
responsible Member State
presumed to understand
to
transfer
and, where applicable,
and within no more than
him/her the
of not examining his/her
15 working days from the
applicant
to
the
application for
date of receipt of the
responsible Member State
international
protection
reply from the requested
and, where applicable,
. Such notification
Member State.
of not examining his/her
shall be made in writing,
application for
in a language which the
international
person
is
reasonably
protection […] .
supposed to understand
If a legal advisor or
and within no more than
other
counsellor
is
fifteen working days from
representing the person
the date of receipt of the
concerned,
Member
reply from the requested
States may choose to
Member State .
provide the decision to
him/her instead of to the
person concerned.
2.
The decision referred to 2.
The decision referred to 2.
The decision referred to
in paragraph 1 shall set
in paragraph 1 shall set
in paragraph 1 shall be
out the
grounds on which
out the grounds on which
issued in writing and
it is based. , including a
it is based, including a
shall
set
out
the
description of the main
description of the main
grounds on which it is
steps in the procedure
steps in the procedure
based. in fact and in
leading to the decision. It
leading to the decision. It
law. […]
shall contain information
shall contain information
on
available
legal
on
available
legal
remedies and the time-
remedies and the time-
limits
applicable
for
limits
applicable
for
seeking such remedies, as
exercising such remedies,
well as information on
as well as information on
persons or entities that
persons or entities that
may
provide
specific
may
provide
specific
legal assistance and/or
legal assistance and/or
ANNEX
140
representation
to
the
representation
to
the
person . It shall contain
person. It shall contain
details of the time limit
details of the time limit
for
carrying
out
the
for
carrying
out
the
transfer
and
shall,
if
transfer
and
shall,
if
necessary,
contain
necessary,
contain
information on the place
information on the place
where,
where, and the date on
and the date
which,
the
at on which
the
person concerned should
applicant person conce
appear,
if
he/she
is
rned should appear, if
travelling
to
the
he/she is travelling to the
responsible Member State
responsible Memb
by his/her own means.
er State responsible by
The
time-limits
for
his/her
own
means.
carrying out the transfer
The
time-limits
for
shall be set in order to
carrying out the transfer
allow
the
person
a
shall be set in order to
reasonable period of time
allow
the
person
a
to
exercise a remedy in
reasonable period of time
accordance with Article
to seek a remedy in
26.
accordance with Article
26. This decision may
be subject to an appeal or
a
review.
Appeal or
review concerning this
decision shall not suspend
the implementation of the
transfer except when the
courts
or
competent
bodies so decide in a
case-by-case basis if the
national legislation allows
ANNEX
141
for this.
The decision referred
to in paragraph 1 shall
also
contain
information on available
legal remedies and the
time-limits applicable for
seeking such remedies,
[…] details of the
time limit for carrying out
the transfer and shall, if
necessary,
contain
information on the place
where,
and the date
at on which
the
applicant person conce
rned should appear, if
he/she is travelling to the
responsible Memb
er State responsible by
his/her
own
means.
Member States shall
also
ensure
that
information on persons or
entities that may provide
[…] legal assistance
to the person concerned is
[…] communicated
to the person concerned
together with the decision
referred to in paragraph 1,
when the information has
ANNEX
142
not
been
already
communicated.
[…]
[…] This decision
may be subject to an
appeal
or
a
review.
Appeal
or
review
concerning this decision
shall not suspend the
implementation
of
the
transfer except when the
courts
or
competent
bodies so decide in a
case-by-case basis if the
national legislation allows
for this.
3.
When
the
person
concerned is not assisted
or represented by a legal
advisor
or
other
counsellor,
Member
States
shall
[…]
inform him/her […]
of the main elements of
the decision, which shall
always
include
information on available
legal remedies and the
time-limits applicable for
seeking such remedies, in
a language the person
concerned understands or
ANNEX
143
may
be
reasonably
[…] presumed to
understand.
Article 26
Article 26
Article 26
Remedies
Remedies
Remedies
1.
The applicant or another 1.
The applicant or another 1.
The applicant or another
person as referred to in
person as referred to in
person as referred to in
Article
18(1)(d)
shall
Article
18(1)(d)
shall
Article 18(1) (c) or
have the right to an
have the right to an
(d) shall have the right to
effective judicial remedy,
effective judicial remedy,
an effective […]
in the form of an appeal
in the form of an appeal
remedy, in the form of an
or a review, in fact and in
or a review, in fact and in
appeal or a review, in fact
law,
of
the
transfer
law,
of
the
transfer
and in law, […]
decision referred to in
decision referred to in
against the transfer
Article 25, before a court
Article 25 before a court
decision referred to in
or tribunal.
or tribunal.
Article 25, before a court
or tribunal.
2.
Member
States
shall 2.
Member
States
shall 2.
Member
States
shall
provide for a reasonable
provide for a reasonable
provide for a reasonable
period of time within
period of time within
period of time within
which
the
person
which
the
person
which
the
person
concerned may exercise
concerned may exercise
concerned may exercise
his/her
right
to
an
his/her
right
to
an
his/her
right
to
an
effective judicial remedy
effective judicial remedy
effective
[…]
pursuant to paragraph 1.
pursuant to paragraph 1.
remedy
pursuant
to
paragraph 1.
ANNEX
144
That period of time shall
not be less than 10
working days as from the
date
of
notification
referred to in Article
25(1).
3.
In the event of an appeal 3.
In the event of an appeal 3.
In the event of an appeal
or review concerning the
or review concerning the
or review concerning the
transfer decision referred
transfer decision referred
transfer decision referred
to in Article 25, the
to in Article 25, the
to in Article 25, and
authority referred to in
authority referred to in
where the right to remain
paragraph 1 of this Article
paragraph 1 of this Article
in the Member State
shall,
acting ex-officio,
shall, acting
either at the
concerned pending the
decide,
as
soon
as
request of the person
outcome of […] the
possible, and in any case
concerned or, in the
appeal or review is not
no
later
than
seven
absence
of
such
a
foreseen under national
working days from the
request,
ex-officio,
legislation
[…] ,
lodging of an appeal or of
decide,
as
soon
as
that Member […]
a review, whether or not
possible, and in any
event
State shall give the person
the person concerned may
no later than
five working
concerned the opportunity
remain on the territory of
days from the lodging of
to
request
[…]
the
Member
State
an appeal or of
an
[…] a court or
concerned pending the
application for review,
tribunal
[…]
to
outcome of his/her appeal
whether or not the person
suspend
the
or review.
concerned may remain on
implementation
of
the
the
territory
of
the
transfer
decision
Member State concerned
pending the outcome of
pending the outcome of
his/her appeal or review.
his/her appeal or review.
[…]
ANNEX
145
[…]
[…] Any decision on
whether to suspend the
implementation
of
the
transfer decision, shall be
taken within a reasonable
period of time. […]
Transfers shall be carried
out in accordance with the
Charter of Fundamental
Rights of the European
Union as well as other
international
obligations
of the Member States,
including relevant case
law from the European
Court
of
Human
Rights.
[…]
Member States' may
provide that competent
authorities may […]
decide acting ex officio
[…] to suspend the
implementation
of
the
transfer decision pending
the outcome of the appeal
or
review,
[…]
[…] .
ANNEX
146
[…]
[…]
4.
No transfer shall take 4.
No transfer shall take […]
place before the decision
place before the decision
referred to in paragraph 3
referred to in paragraph 3
is taken. A decision not to
is taken. A decision not to
allow
the
person
allow
the
person
concerned to remain on
concerned to remain on
the
territory
of
the
the
territory
of
the
Member State concerned
Member State concerned
pending the outcome of
pending the outcome of
his/her appeal or review,
his/her appeal or review
shall state the reasons on
shall state the reasons on
which it is based.
which it is based.
5.
Member
States
shall 5.
Member
States
shall […] 4.
Member
ensure that the person
ensure that the person
States shall ensure that
concerned has access to
concerned has access to
the person concerned has
legal assistance and/or
legal assistance and/or
access to legal assistance
representation and, where
representation and, where
[…] and, where
necessary,
to linguistic
necessary,
to linguistic
necessary,
to linguistic
assistance.
assistance.
assistance.
6.
Member
States
shall 6.
Member
States
shall […] 5.
Member
ensure
that
legal
ensure that
the necessary
States shall ensure that
assistance
and/or
legal assistance and/or
legal assistance […]
representation be granted
representation
is granted
be
granted
on
free of charge where the
on request free of charge
request […] free
ANNEX
147
person concerned cannot
in
accordance
with
of charge where the
afford the costs involved.
Article 15(3) to (6) of
person concerned cannot
Directive 2005/85/EC.
afford the costs involved
, and insofar as it is
necessary
to
ensure
his/her effective access to
justice
[…]
.
Member
States
may
provide that, as regards
fees and other costs the
treatment of applicants
shall
not
be
more
favourable
than
the
treatment
generally
accorded
to
their
nationals
in
matters
pertaining
to
legal
assistance.
Without
arbitrarily
restricting access to legal
assistance,
[…]
Member
States
may
[…] provide that
free legal assistance not
be
granted
[…]
where
the
appeal or
review is considered by
[…] […] the
competent
authority
[…] or a court or
tribunal
to
have
no
tangible
prospect
of
ANNEX
148
success […] .
[…]
[…]
Legal
assistance shall include at
least the preparation of
the required procedural
documents
and
representation before the
judicial
authorities
[…] and […]
may be restricted to legal
advisors or counsellors
specifically designated by
national law to assist and
represent asylum seekers.
Procedures for access to
Procedures for access to
Procedures for access to
legal assistance and/or
legal assistance and/or
legal assistance shall be
representation
shall be
representation
shall be
laid down in national
laid down in national law.
laid down in national law.
law.
Section V. Detention for the
Section V Detention for the
Section V.
purpose of transfer
purpose of transfer
Detention for the purpose of
transfer
Article 27
Article 27
Article 27
Detention
Detention
Detention
ANNEX
149
1.
Member States shall not 1.
Member States shall not […]
hold a person in detention
hold a person in detention
for the sole reason that
for the sole reason that
he/she is an applicant for
he/she is an applicant for
international protection in
international protection in
accordance with Directive
accordance with Directive
2005/85/EC.
2005/85/EC.
1.
Member States shall not
hold a person in detention
for the sole reason that
he/she is an applicant for
international
protection
who is subject to the
procedure established by
this Regulation.
[…] Member States
may
detain
persons
[…] in order to
secure […] transfer
procedures
[…] in accordance
with this Regulation when
there is a […] risk
of absconding, on the
basis of an individual
assessment and only in
so far as detention is
proportional , if other
less coercive alternative
measures
cannot
be
applied
effectively.
ANNEX
150
Detention shall be as
short as possible and
no longer than the time
reasonably necessary to
fulfill
with
due
diligence the required
administrative procedures
until the transfer under
this Regulation is carried
out […] .
Member States shall lay
down in their national
legislation
and in
accordance
with
applicable
EU
and
international
instruments, provisions
on
conditions
for
detention
of
and
on
guarantees applicable to
persons
detained
in
order to secure a transfer
to
the
responsible
Member
State
[…]
[…]
[…] […]
2.
Without
prejudice
to 2.
Without
prejudice
to
Article 8(2) of Directive
Article 8(2) of Directive
[…/…/EC] [laying down
║…/…/EC║
[laying
minimum standards for
down minimum standards
the reception of asylum
for
the
reception
of
seekers], when it proves
asylum seekers], when it
ANNEX
151
necessary, on the basis of
proves necessary, on the
an individual assessment
basis of an individual
of each case, and if other
assessment of each case,
less coercive measures
▌Member States may
cannot
be
applied
detain an asylum-seeker
effectively,
Member
or another person as
States may detain an
referred to in Article
asylum-seeker or another
18(1)(d)
of
this
person as referred to in
Regulation,
who
is
Article 18(1)(d), who is
subject
to a decision of
subject of a decision of
transfer to the responsible
transfer to the responsible
Member State,
in a non-
Member
State,
to
a
detention facility only if
particular place only if
other
less
coercive
there is a significant risk
measures have not been
of him/her absconding.
effective and, only if
there is a risk of
his/her
absconding.
3.
When
assessing
the 3.
When
assessing
the
application of other less
application of other less
coercive measures for the
coercive measures for the
purpose of paragraph 2,
purpose of paragraph 2,
Member States shall take
Member States shall take
into
consideration
into
consideration
alternatives to detention
alternatives to detention
such as regular reporting
such as regular reporting
to the authorities, the
to the authorities, the
deposit of a financial
deposit of a financial
guarantee, an obligation
guarantee, an obligation
to stay at a designated
to stay at a designated
place or other measures to
place or other measures to
prevent
the
risk
of
prevent
the
risk
of
ANNEX
152
absconding.
absconding.
4.
Detention
pursuant
to 4.
Detention
pursuant
to
paragraph 2 may only be
paragraph 2 may only be
applied from the moment
applied from the moment
a decision of transfer to
a decision of transfer to
the responsible Member
the responsible Member
State has been notified to
State has been notified to
the person concerned in
the person concerned in
accordance with Article
accordance with Article
25, until that person is
25 until that person is
transferred
to
the
transferred
to
the
responsible
Member
responsible
Member
State.
State.
5.
Detention
pursuant
to 5.
Detention
pursuant
to
paragraph
2 shall be
paragraph
2 shall be
ordered for the shortest
ordered for the shortest
period possible. It shall be
period possible. It shall be
no longer than the time
no longer than the time
reasonably necessary to
reasonably necessary to
fulfil
the
required
fulfil
the
required
administrative procedures
administrative procedures
for carrying out a transfer.
for carrying out a transfer.
6.
Detention
pursuant
to 6.
Detention
pursuant
to
paragraph
2 shall be
paragraph
2 shall be
ordered
by
judicial
ordered
by
judicial
authorities.
In
urgent
authorities.
In
urgent
cases it may be ordered
cases it may be ordered
by
administrative
by
administrative
authorities, in which case
authorities, in which case
the detention order shall
the detention order shall
be confirmed by judicial
be confirmed by judicial
ANNEX
153
authorities
within
72
authorities
within
72
hours from the beginning
hours from the beginning
of the detention. Where
of the detention. Where
the
judicial
authority
the
judicial
authority
finds
detention to be
finds
detention to be
unlawful,
the
person
unlawful,
the
person
concerned
shall
be
concerned
shall
be
released immediately.
released immediately.
7.
Detention
pursuant
to 7.
Detention
pursuant
to
paragraph
2 shall be
paragraph
2 shall be
ordered in writing with
ordered in writing with
reasons in fact and in law,
reasons in fact and in law,
in particular specifying
in particular specifying
the reasons on the basis of
the reasons on the basis of
which it is considered that
which it is considered that
there is a significant risk
there is a ▌risk of the
of the person concerned
person
concerned
absconding as well as the
absconding, as well as the
time
period
of
its
time
period
of
its
duration.
duration.
Detained persons shall
Detained persons shall
immediately be informed
immediately be informed
of
the
reasons
for
of
the
reasons
for
detention,
the intended
detention,
the intended
duration of the detention
duration of the detention
and the procedures laid
and the procedures laid
down in national law for
down in national law for
challenging the detention
challenging the detention
order, in a language they
order,
in
a
language
are reasonably supposed
which they
understand or
to understand.
may
reasonably
be
ANNEX
154
presumed to understand.
8.
In every case of a 8.
In every case of a
detained person pursuant
detention
pursuant
to
to
paragraph
2,
the
paragraph
2,
the
continued detention shall
▌detention
shall
be
be reviewed by a judicial
reviewed by a judicial
authority at reasonable
authority at reasonable
intervals of time either on
intervals of time either on
request by the person
request by the person
concerned or ex-officio.
concerned or ex-officio.
Detention shall never be
Detention shall never be
unduly prolonged.
unduly prolonged.
9.
Member
States
shall 9.
Member
States
shall
ensure access to legal
ensure access to legal
assistance
and/or
assistance
and/or
representation in cases of
representation in cases of
detention
pursuant
to
detention
pursuant
to
paragraph 2 that shall be
paragraph 2 that shall be
free of charge where the
free of charge where the
person concerned cannot
person concerned cannot
afford the costs involved.
afford the costs involved.
Procedures for access to
Procedures for access to
legal assistance and/or
legal assistance and/or
representation
in
such
representation
in
such
cases shall be laid down
cases shall be laid down
in national law.
in national law.
10.
Minors
shall
not
be 10.
Minors
shall
not
be
detained unless it is in
detained unless it is in
their best interests, as
their best interests as
prescribed in Article 7 of
prescribed in
Article 6(3)
ANNEX
155
this Regulation and in
of this Regulation and in
accordance
with
an
accordance
with
an
individual examination of
individual examination of
their
situation
in
their
situation
in
accordance with Article
accordance with Article
11(5)
of
Directive
11(5)
of
Directive
[…/…/EC] [laying down
║…/…/EC║
[laying
minimum standards for
down minimum standards
the reception of asylum
for
the
reception
of
seekers].
asylum seekers].
11.
Unaccompanied
minors 11.
Unaccompanied
minors
shall never be detained.
shall never be detained.
12.
Member
States
shall 12.
Member
States
shall
ensure
that
asylum-
ensure
that
asylum-
seekers
detained
in
seekers
detained
in
accordance
with
this
accordance
with
this
Article enjoy the same
Article enjoy the same
level
of
reception
level
of
reception
conditions for detained
conditions for detained
applicants as those laid
applicants as those laid
down in particular in
down in particular in
Articles 10 and 11 of
Articles 10 and 11 of
Directive
[…/…/EC]
Directive
║…/…/EC║
[laying down minimum
[laying down minimum
standards
for
the
standards
for
the
reception
of
asylum
reception
of
asylum
seekers].
seekers].
Section VI: Transfers
Section VI Transfers
Section VI: Transfers
ANNEX
156
Article 1928
Article 28
Article 1928
Modalities and time-limits
Arrangements and time-limits
Modalities and time-limits
13.
The
transfer
of
the 1
.
The
transfer
of
the 13.
The
transfer
of
the
applicant
or
of
applicant or of another
applicant
or
of
another person as referred
person as referred to in
another person as referred
to in Article 18(1)(d)
Article 18(1)(d) from the
to in Article 18(1) (c)
from
the
requesting Member State
or (d) from the
requesting
to
the
responsible
requesting
Member State in which
Member State shall be
Member State in which
the
application
was
carried out in accordance
the
application
was
lodged
to
the
with the national law of
lodged
to
the
responsible
the requesting Member
responsible
Member State responsible
State, after consultation
Member State responsible
shall be carried out in
between
the
Member
shall be carried out in
accordance
with
the
States concerned, as soon
accordance
with
the
national
law
of
the
as
practically
possible,
national
law
of
the
requesting
first
and at the latest within six
requesting
first
Member
State,
after
months of acceptance of
Member
State,
after
consultation between the
the request by another
consultation between the
Member
States
Member
State to
take
Member
States
concerned, as soon as
charge or to take back the
concerned, as soon as
practically possible, and
person concerned or of
practically possible, and
at the latest within six
the final decision on an
at the latest within six
months of acceptance of
appeal or review where a
months of acceptance of
the request that charge be
suspensive
effect
is
the request that charge be
taken
by
another
granted
in
accordance
taken
by
another
Member
State to
take
with Article 26(3).
Member
State to
take
charge or to take back the
charge or to take back the
person concerned or of
person concerned or of
the final decision on
the final decision on
ANNEX
157
an appeal or review where
an appeal or review where
there is a suspensive
there is there is a
effect is granted in
suspensive
effect
accordance with Article
[…]
in
26(3) .
accordance with Article
26(3) […] .
If necessary, the asylum
If necessary, the asylum
If necessary, the asylum
seeker shall be supplied
seeker shall be supplied
seeker shall be supplied
by the requesting Member
by the requesting Member
by the requesting Member
State with a
laissez passer
State with a laissez passer
State with a
laissez passer
of the design adopted in
of the design adopted in
of the design adopted in
accordance
with
the
accordance
with
the
accordance
with
the
procedure referred to in
regulatory
procedure
procedure referred to in
Article 40(2) 27(2).
referred to in
Article
Article 40(2) 27(2).
41(2).
The
Member
State
The
Member
State
The
Member
State
responsible shall inform
responsible shall inform
responsible shall inform
the requesting Member
the requesting Member
the requesting Member
State, as appropriate, of
State, as appropriate, of
State, as appropriate, of
the safe arrival of the
the safe arrival of the
the safe arrival of the
asylum seeker person
person concerned or of
asylum seeker person
concerned or of the
the fact that he/she did
concerned or of the
fact that he/she did not
not appear within the set
fact that he/she did not
appear within the set time
time limit.
appear within the set time
limit.
limit.
24.
Where the transfer does 2
.
Where the transfer does 24.
Where the transfer does
not take place within the
not take place within the
not take place within the
six months' time limit,
six months' time limit, the
six months' time limit,
the
Member
State
Member State responsible
the
Member
State
responsible
shall
be
shall be relieved of its
responsible
shall
be
relieved of its obligations
obligations to take charge
relieved of its obligations
ANNEX
158
to take charge or to take
or to take back the person
to take charge or to take
back
the
person
concerned
and
back
the
person
concerned
and
responsibility shall then
concerned
and
responsibility shall then
be transferred to the
responsibility shall then
be transferred to the
requesting Member State.
be transferred to the
requesting
Member
That time limit may be
requesting
Member
State
responsibility
extended
up
to
a
State
responsibility
shall lie with the Member
maximum of one year if
shall lie with the Member
State
in
which
the
the transfer could not be
State
in
which
the
application
for
carried out due to
the
application
for
asylum was lodged. This
imprisonment
of
the
asylum was lodged. This
time
limit
may
be
person concerned or up to
time
limit
may
be
extended
up
to
a
a maximum of
18 months
extended
up
to
a
maximum of one year if
if the person concerned
maximum of one year if
the transfer could not be
absconds.
the transfer could not be
carried
out
due
to
carried
out
due
to
imprisonment
of
the
imprisonment
of
the
asylum seeker person
asylum seeker person
concerned or up to a
concerned or up to a
maximum
of
eighteen
maximum
of
eighteen
months if the asylum
months if the asylum
seeker
person
seeker
person
concerned absconds.
concerned absconds.
3.
If a person has been 3.
If a person has been 3.
If a person has been
transferred erroneously or
transferred erroneously or
transferred erroneously or
a decision to transfer is
a decision to transfer is
a decision to transfer is
overturned on appeal after
overturned on appeal after
overturned on appeal after
the transfer has been
the transfer has been
the transfer has been
carried out, the Member
carried out, the Member
carried out, the Member
State which carried out
State which carried out
State which carried out
the
transfer
shall
the
transfer
shall
the
transfer
shall
promptly
accept
that
promptly
accept
that
promptly
accept
that
ANNEX
159
person back.
person back.
person back.
45.
The
Commission
may 4
.
The
Commission
may 45.
[…]
The
adopt supplementary rules
adopt supplementary rules
procedures
for
on carrying out transfers.
on carrying out transfers.
implementing this Article
Those measures, designed
Those measures, designed
shall
be
adopted
in
to amend non-essential
to amend non-essential
accordance
with
the
elements
of
this
elements
of
this
procedure referred to in
Regulation
by
Regulation
by
Article 40(2).
supplementing it, shall be
supplementing it, shall be
adopted in accordance
adopted in accordance
with
the
regulatory
with
the
regulatory
procedure with scrutiny
procedure with scrutiny
referred
to
in
referred
to
in
Article 27(3)40(3).
Article 41(3).
Article 29
Article 29
Article 29
Costs of transfers
Costs of transfers
Costs of transfers
1.
The costs necessary to 1.
The costs necessary to 1.
The costs necessary to
transfer an applicant or
transfer an applicant or
transfer an applicant or
another person as referred
another person as referred
another person as referred
to in Article 18(1)(d) to
to in Article 18(1)(d) to
to in Article 18(1) (c)
the responsible Member
the responsible Member
or
(d)
to
the
State shall be met by the
State shall be met by the
responsible Member State
transferring
Member
transferring
Member
shall be met by the
State.
State.
transferring
Member
State.
2.
Where
the
person 2.
Where
the
person 2.
Where
the
person
concerned has to be sent
concerned has to be sent
concerned has to be sent
ANNEX
160
back to a Member State,
back to a Member State
back to a Member State,
as a result of an erroneous
as a result of an erroneous
as a result of an erroneous
transfer or of a transfer
transfer or of a transfer
transfer or of a transfer
decision that has been
decision that has been
decision that has been
overturned on appeal after
overturned on appeal after
overturned on appeal after
the transfer has been
the transfer has been
the transfer has been
carried out, the Member
carried out, the Member
carried out, the Member
State
which
initially
State
which
initially
State
which
initially
carried out the transfer
carried out the transfer
carried out the transfer
shall be responsible for
shall be responsible for
shall be responsible for
the costs of transferring
the costs of transferring
the costs of transferring
the
person
concerned
the
person
concerned
the
person
concerned
back to its territory.
back to its territory.
back to its territory.
3.
Persons to be transferred 3.
Persons to be transferred 3.
Persons to be transferred
pursuant
to
this
pursuant
to
this
pursuant
to
this
Regulation shall not be
Regulation shall not be
Regulation shall not be
required to meet the costs
required to meet the costs
required to meet the costs
of such transfers.
of such transfers.
of such transfers.
4.
Supplementary
rules 4.
Supplementary
rules 4.
[…]
The
relating to the obligation
relating to the obligation
procedures
for
of the sending Member
of
the
transferring
implementing this Article
State to meet the costs of
Member State to meet the
shall
be
adopted
in
transfers may be adopted
costs of transfers may be
accordance
with
the
in accordance with the
adopted in accordance
procedure referred to in
procedure referred to in
with
the
regulatory
Article 40(2).
Article 40(2).
procedure referred to in
Article 41(2).
Article 30
Article 30
Article 30
ANNEX
161
Exchange of relevant information
Exchange of relevant information
Exchange of relevant information
before transfers being carried out
before transfers
are carried out
before transfers being carried out
1.
In all cases of transfers, 1.
In all cases of transfers, […]
the transferring Member
the transferring Member
State shall inform the
State shall inform the
receiving Member State if
receiving Member State if
the person concerned is fit
the person concerned is fit
for the transfer. Only
for the transfer. Only
persons who are fit for the
persons who are fit for the
transfer
shall
be
transfer
shall
be
transferred.
transferred.
2.
The
Member
State 2.
The
Member
State […] 1.
The Member
carrying out the transfer
carrying out the transfer
State carrying out the
shall communicate to the
shall communicate to the
transfer shall […]
responsible Member State
responsible Member State
communicate
to
the
such
personal
data
such
personal
data
responsible Member State
concerning the applicant
concerning the applicant
such
personal
data
to be transferred as is
to be transferred as is
concerning the […]
appropriate, relevant and
appropriate, relevant and
person
to
be
non-excessive for the sole
non-excessive for the sole
transferred
as
is
purposes of ensuring that
purposes of ensuring that
appropriate, relevant and
the
competent
asylum
the
competent
asylum
non-excessive for the sole
authorities
in
the
authorities
in
the
purposes of ensuring that
responsible Member State
responsible Member State
the competent […]
are in a position to
are in a position to
authorities
in
provide the applicant with
provide the applicant with
accordance with national
adequate
assistance,
adequate
assistance,
law in the responsible
including the provision of
including the provision of
Member State are in a
necessary medical care,
necessary medical care,
position to provide the
and to ensure continuity
and to ensure continuity
[…]
person
ANNEX
162
in the protection and
in the protection and
concerned
with
rights afforded by this
rights afforded by this
adequate
assistance,
Regulation
and
by
Regulation
and
by
including the provision of
Directive
[…/…/EC]
Directive
║…/…/EC║
[…]
immediate
[laying down minimum
[laying down minimum
health care required in
standards
for
the
standards
for
the
order to protect the vital
reception
of
asylum
reception
of
asylum
interest of the person
seekers].
That
seekers].
That
concerned , and to
information
shall
be
information
shall
be
ensure continuity in the
communicated at an early
communicated at an early
protection
and
rights
stage and at the latest
stage and at the latest
afforded
by
this
seven
working
days
seven
working
days
Regulation
and
by
before a transfer is carried
before a transfer is carried
other relevant asylum
out, except when the
out, except when the
legal
instruments.
Member State becomes
Member State becomes
[…]
This
aware of it at a later stage.
aware of it at a later stage.
information
shall
be
communicated
to
the
responsible Member State
within
a
reasonable
period of time before a
transfer is carried out, in
order to ensure that the
competent authorities in
accordance with national
law in the responsible
Member
State
have
sufficient time to take the
measures required.
3.
Member States shall in 3.
Member States shall in […] 2.
The
particular exchange the
particular exchange the
transferring
Member
following information:
following information:
[…]
State
shall , insofar as such
information is available to
ANNEX
163
the competent authority in
accordance with national
law,
transmit
to
the
responsible Member State
any information that it
[…] is essential in
order to safeguard the
rights
and
immediate
special
needs
of
the
person concerned, and
in particular […] :
(a)
contact details of
(a) contact details of
(a) any
immediate
family members or
family members or
measures
the
of other relatives in
of other relatives in
responsible Member
the
receiving
the
receiving
State […] is
Member
State,
Member
State,
required to take in
where applicable;
where applicable;
order to ensure that
the special needs of
the person to be
transferred
are
adequately
addressed,
including […]
any
immediate
health care that may
be required;
(b)
in
the
case
of
(b) in
the
case
of
[…]
(b)
minors, information
minors, information
contact
in relation to their
in relation to their
details
of
family
level of education;
level of education;
members within
the
meaning
of
Article 2(g) or of
ANNEX
164
other relatives or
relations
[…] in the
receiving
Member
State,
where
applicable;
(c)
information
about
(c) information
about
[…] (c) in the
the
age
of
an
the
age
of
an
case
of
minors,
applicant;
applicant;
information
in
relation
to
their
[…]
education;
(d)
any
other
(d) any
other
[…]
(d)
information that the
information that the
information
sending
Member
sending
Member
about
the
State
deems
State
deems
assessment
of
essential in order to
essential in order to
the age of an
safeguard the rights
safeguard the rights
applicant.
and special needs of
and special needs of
the
applicant
an applicant.
concerned.
4.
For the sole purpose of 4.
For the sole purpose of […]
the provision of care or
the provision of care or
treatment, in particular
treatment, in particular
concerning
disabled
with respect to disabled
persons, elderly people,
persons, elderly people,
pregnant women, minors
pregnant women, minors
and persons that have
and persons
who have
been subject to torture,
been subject to torture,
rape or other serious
rape or other serious
forms of psychological,
forms of psychological,
ANNEX
165
physical
and
sexual
physical
and
sexual
violence, the transferring
violence, the transferring
Member
State
shall
Member
State
shall
transmit
information
transmit
information
about any special needs of
about any special needs of
the
applicant
to
be
the
applicant
to
be
transferred,
which
in
transferred,
which
in
specific
cases
may
specific
cases
may
include information about
include information about
the state of the physical
the physical and mental
and mental health of the
health of the applicant to
applicant
to
be
be
transferred.
The
transferred.
The
responsible Member State
responsible Member State
shall ensure that those
shall ensure that those
special
needs
are
special
needs
are
adequately
met, including
adequately
addressed,
in particular any essential
including
in
particular
medical care that may be
any essential medical care
required.
that may be required.
5.
Any
information 5.
Any
information
mentioned in paragraph 4
mentioned in paragraph 4
shall only be transmitted
shall only be transmitted
by
the
transferring
by
the
transferring
Member State to the
Member State to the
responsible Member State
responsible Member State
after the explicit consent
after the
express consent
of the applicant and/or of
of the applicant and/or of
his
representative
has
his
/her representative has
been obtained or when
been obtained or when
this is necessary to protect
necessary to protect the
the vital interests of the
vital
interests
of
the
individual or of another
individual or of another
ANNEX
166
person where he/she is
person where he/she is
physically
or
legally
physically
or
legally
incapable
of
giving
incapable
of
giving
his/her consent. Once the
his/her consent. Once the
transfer
has
been
transfer
has
been
completed,
this
completed,
the
information
shall
be
information
shall
be
deleted immediately by
deleted immediately by
the transferring Member
the transferring Member
State.
State.
6.
The
processing
of 6.
The
processing
of
personal health data shall
personal health data shall
only be carried out by a
only be carried out by a
health
professional
health
professional
subject under national law
subject under national law
or rules established by
or rules established by
national competent bodies
national competent bodies
to
the
obligation
of
to
the
obligation
of
professional secrecy or by
medical confidentiality or
another person subject to
by another person subject
an equivalent obligation
to
an
equivalent
of secrecy. These health
obligation
of
professionals and persons
confidentiality.
Such
receiving and processing
health professionals and
this
information
shall
persons
receiving
and
receive
appropriate
processing
the
medical training as well
information shall receive
as training regarding the
appropriate
medical
appropriate processing of
training
as
well
as
sensitive personal data
training
regarding
the
relating to health.
appropriate processing of
sensitive personal data
ANNEX
167
relating to health.
7.
The
exchange
of 7.
The
exchange
of […] 3.
The
information
under
this
information
under
this
exchange of information
Article shall only take
Article shall only take
under this Article shall
place
between
the
place
between
the
only take place between
authorities notified to the
authorities notified to the
the authorities notified to
Commission
in
Commission
in
the
Commission
in
accordance with Article
accordance with
Article
accordance with Article
33 using the 'DubliNet'
34 of this Regulation
33 using the 'DubliNet'
electronic communication
using
the
'DubliNet'
electronic communication
network
set-up
under
electronic communication
network
set-up
under
Article 18 of Regulation
network
║.
The
Article 18 of Regulation
EC (No) 1560/2003. The
authorities
notified
EC
(No)
1560/2003.
authorities
notified
according to
Article 34 of
[…]
The
according to Article 33 of
this Regulation shall also
information
exchanged
this Regulation shall also
specify
the
health
shall only be used for the
specify
the
health
professionals
authorized
purposes
set
out
in
professionals
authorized
to process the information
paragraph
[…]
to process the information
mentioned in paragraph 4
1 of this Article
mentioned in paragraph 4.
of
this
Article.
The
and shall not be further
The
information
information
exchanged
processed. […]
exchanged shall only be
shall be used
only for the
used for the purposes set
purposes
set
out
in
out in paragraph 2 and 4
paragraphs 2 and 4 of
of this Article.
this Article.
8.
With a view to facilitating 8.
With a view to facilitating […]
the
exchange
of
the
exchange
of
information
between
information
between
Member
States,
a
Member
States,
a
standard
form
for
standard
form
for
transferring
the
data
transferring
the
data
required pursuant to this
required pursuant to this
ANNEX
168
Article shall be adopted in
Article shall be adopted in
accordance
with
the
accordance
with
the
procedure laid down in
regulatory procedure laid
Article 40(2).
down in
Article 41(2).
4.
With a view to facilitating
the
exchange
of
information
between
Member
States,
a
standard
form
for
transferring
the
data
required pursuant to this
Article shall be adopted in
accordance
with
the
procedure laid down in
Article 40(2).
9.
The rules laid down in 9.
The rules laid down in 5.
The rules laid down in
Article 32(8) to (12) shall
Article 33(8) to (12) shall
Article 32(8) to (12) shall
apply to the exchange of
apply to the exchange of
apply to the exchange of
information pursuant to
information pursuant to
information pursuant to
this Article.
this Article.
this Article.
Article 31
Method of carrying out transfers
1.
The
Member
State
carrying out a transfer
shall promote voluntary
transfers by providing
adequate information to
ANNEX
169
the applicant.
2.
If
transfers
to
the
Member
State
responsible are carried
out
by
supervised
departure
or
under
escort, Member States
shall ensure that they are
carried out in a humane
manner and with full
respect for fundamental
rights
and
human
dignity.
Article 30 A
[…]
Exchange of health data before
transfer is being carried out
[…] 1.
For the
sole
purpose
of
the
provision of medical
care or treatment, in
particular
concerning
disabled persons, elderly
people, pregnant women,
minors and persons that
have been subject to
torture, rape or other
serious
forms
of
psychological,
physical
ANNEX
170
and sexual violence, the
transferring Member State
shall
, insofar as
available to the competent
authority in accordance
with
national
law,
transmit
to
the
responsible
Member
State
information
about any special needs of
the
[…]
person
to
be
transferred,
which
in
specific
cases
may
include information about
the state of the physical
and mental health of the
[…] person to
be
transferred. The
information
shall
be
transferred in a common
health certificate with the
necessary
documents
attached. This common
health certificate shall be
drawn up in accordance
with
the
procedure
referred to in Article
40(2).
The responsible
Member
State
shall
ensure that those special
needs
are
adequately
addressed,
including in
particular any essential
ANNEX
171
medical care that may be
required.
[…] 2.
Any
information mentioned in
paragraph
[…]
1 shall only be
transmitted
by
the
transferring Member State
to
the
responsible
Member State after the
explicit consent of the
applicant
and/or
of
[…] the person
representing
him/her
has been obtained or
when this is necessary to
protect the vital interests
of the individual or of
another
person
where
he/she is physically or
legally
incapable
of
giving
his/her
consent.
The lack of consent ,
including a refusal of
consent, to transmitting
any information referred
to in paragraph 1 shall not
be an obstacle to carrying
out
his/her
transfer
[…] […] .
ANNEX
172
[…]
[…] 3.
The
processing
of personal
health data referred to
in paragraph 1 shall
only be carried out by a
health
professional
subject under national law
or rules established by
national competent bodies
to
the
obligation
of
professional secrecy or by
another person subject to
an equivalent obligation
of secrecy. […]
[…] 4.
The
exchange of information
under this Article shall
only take place between
the […] health
professionals
or
other
persons referred to in
paragraph 3. […]
The
information
exchanged shall only be
used for the purposes set
out
in
paragraph
[…] 1 of this
Article and shall not be
further processed.
ANNEX
173
[…]
[…] 5.
[…]
The
procedures
and
practical arrangements for
exchanging […] the
information referred to in
paragraph 1, shall be
adopted in accordance
with the procedure laid
down in Article 40(2).
[…]
[…] […] 6. The
rules laid down in Article
32(8) to (12) shall apply
to
the
exchange
of
information pursuant to
this Article.
Section VII: Temporary
Section VII
[…]
suspension of transfers
Temporary suspension of transfers
Article 31
Article 32
[…]
Temporary suspension of transfers
1.
When a Member State is 1.
When a Member State is […]
faced with a particularly
faced with a particularly
urgent
situation
which
urgent
situation
which
ANNEX
174
places an exceptionally
places an exceptionally
heavy
burden
on
its
heavy
burden
on
its
reception
capacities,
reception
capacities,
asylum
system
or
asylum
system
or
infrastructure, and when
infrastructure, and when
the transfer of applicants
the transfer of applicants
for
international
for
international
protection in accordance
protection in accordance
with this Regulation to
with this Regulation to
that Member State could
that Member State could
add to that burden, that
add to that burden, that
Member
State
may
Member
State
may
request that such transfers
request that such transfers
be suspended.
be suspended.
The
request shall be
The
request shall be
addressed
to
the
addressed
to
the
Commission.
It
shall
Commission.
It
shall
indicate the grounds on
indicate the grounds on
which it is based and shall
which it is based and shall
in particular include:
in particular include:
(a)
a
detailed
(a) a
detailed
description of the
description of the
particularly
urgent
particularly
urgent
situation
which
situation
which
places
an
places
an
exceptionally heavy
exceptionally heavy
burden
on
the
burden
on
the
requesting Member
requesting Member
State's
reception
State's
reception
capacities,
asylum
capacities,
asylum
system
or
system
or
infrastructure,
infrastructure,
ANNEX
175
including
relevant
including
relevant
statistics
and
statistics
and
supporting
supporting
evidence;
evidence;
(b)
a
substantiated
(b) a
substantiated
forecast
of
the
forecast
of
the
likely evolution of
likely evolution of
this situation in the
the situation in the
short-term;
short-term;
(c)
a
substantiated
(c) a
substantiated
explanation of the
explanation of the
further burden that
further burden that
the
transfer
of
the
transfer
of
applicants
for
applicants
for
international
international
protection
in
protection
in
accordance
with
accordance
with
this
Regulation
this
Regulation
could add to the
could add to the
requesting Member
requesting Member
State's
reception
State's
reception
capacities,
asylum
capacities,
asylum
system
or
system
or
infrastructure,
infrastructure,
including
relevant
including
relevant
statistics and other
statistics and other
supporting
supporting
evidence.
evidence.
2.
When the Commission 2.
When the Commission
considers
that
the
considers
that
the
circumstances
prevailing
circumstances
prevailing
ANNEX
176
in a Member State may
in a Member State may
lead
to
a
level
of
lead
to
a
level
of
protection for applicants
protection for applicants
for
international
for
international
protection which is not in
protection which is not in
conformity
with
conformity
with
Community legislation, in
Community legislation, in
particular with Directive
particular with Directive
[…/…/EC] laying down
║…/…/EC║
[laying
minimum standards for
down minimum standards
the reception of asylum
for
the
reception
of
seekers
and
with
asylum
seekers
],
Directive 2005/85/EC, it
Directive
2005/85/EC
may decide in conformity
and
Directive
with the procedure laid
2004/83/EC,
it
may
down in paragraph 4, that
decide
in
accordance
all transfers of applicants
with the procedure laid
in accordance with this
down in paragraph 4 that
Regulation to the Member
all transfers of applicants
State
concerned
be
in accordance with this
suspended.
Regulation to the Member
State
concerned
be
suspended.
3.
When a Member State is 3.
When a Member State is
concerned
that
the
concerned
that
the
circumstances
prevailing
circumstances
prevailing
in another Member State
in another Member State
may lead to a level of
may lead to a level of
protection for applicants
protection for applicants
for
international
for
international
protection which is not in
protection which is not in
conformity
with
conformity
with
Community legislation, in
Community legislation, in
ANNEX
177
particular with Directive
particular with Directive
[…/…/EC] laying down
║…/…/EC║
[laying
minimum standards for
down minimum standards
the reception of asylum
for
the
reception
of
seekers
and
with
asylum
seekers
],
Directive 2005/85/EC, it
Directive
2005/85/EC
may
request
that
all
and
Directive
transfers of applicants in
2004/83/EC,
it
may
accordance
with
this
request that all transfers
Regulation to the Member
of
applicants
in
State
concerned
be
accordance
with
this
suspended.
Regulation to the Member
State
concerned
be
suspended.
The
request shall be
That request shall be
addressed
to
the
addressed
to
the
Commission.
It
shall
Commission.
It
shall
indicate the grounds on
indicate the grounds on
which it is based and shall
which it is based and shall
in
particular
include
in
particular
include
detailed information on
detailed information on
the
situation
in
the
the
situation
in
the
concerned Member State
Member State
concerned,
pointing to a possible lack
indicating a possible lack
of
conformity
with
of
conformity
with
Community legislation, in
Community legislation, in
particular
Directive
particular
Directive
[…/…/EC] laying down
║…/…/EC║
[laying
minimum standards for
down minimum standards
the reception of asylum
for
the
reception
of
seekers
and
Directive
asylum
seekers
],
2005/85/EC.
Directive
2005/85/EC
and
Directive
ANNEX
178
2004/83/EC.
4.
Following the receipt of a 4.
Following the receipt of a
request
pursuant
to
request
pursuant
to
paragraphs 1 or 3, or upon
paragraphs 1 or 3, or
on
its own initiative pursuant
its own initiative pursuant
to
paragraph
2,
the
to
paragraph
2,
the
Commission may decide
Commission may decide
that
all
transfers
of
that
all
transfers
of
applicants in accordance
applicants in accordance
with this Regulation to
with this Regulation to
the
Member
State
the
Member
State
concerned be suspended.
concerned be suspended.
Such decision shall be
Such decision shall be
taken as soon as possible
taken as soon as possible
and at the latest one
and at the latest one
month
following
the
month
following
the
receipt of a request
. The
receipt of a request. The
decision
to
suspend
decision
to
suspend
transfers shall state the
transfers shall state the
reasons on which it is
reasons on which it is
based
and
shall
in
based
and
shall
in
particular include:
particular include:
(a)
an examination of
(a) an examination of
all
the
relevant
all
the
relevant
circumstances
circumstances
prevailing
in
the
prevailing
in
the
Member
State
Member State
to
towards
which
which
transfers
transfers could be
could be suspended;
suspended;
ANNEX
179
(b)
an examination of
(b) an examination of
the potential impact
the potential impact
of the suspension of
of the suspension of
transfers
on
the
transfers
on
the
other
Member
other
Member
States;
States;
(c)
the proposed date
(c) the proposed date
on
which
the
on
which
the
suspension
of
suspension
of
transfers shall take
transfers
would take
effect;
effect;
(d)
any
particular
(d) any
particular
conditions attached
conditions attached
to such suspension.
to such suspension;
(e)
indicia
of
measures,
benchmarks
and
timetables
to
be
established in order to
assess progress toward
resolution
of
the
circumstances identified
pursuant to point (a).
5.
The
Commission
shall 5.
The
Commission
shall
notify the Council and the
notify the Council and the
Member States of the
Member States of the
decision to suspend all
decision to suspend all
transfers of applicants in
transfers of applicants in
accordance
with
this
accordance
with
this
Regulation to the Member
Regulation to the Member
ANNEX
180
State
concerned.
Any
State
concerned.
Any
Member State may refer
Member State may refer
the
decision
of
the
the
decision
of
the
Commission
to
the
Commission
to
the
Council within one month
Council within one month
from the receipt of the
from the receipt of the
notification. The Council,
notification. The Council,
acting
by
qualified
acting
by
qualified
majority, may take a
majority, may take a
different decision in one
different decision in one
month from the date of
month from the date of
the referral by a Member
the referral by a Member
State.
State.
6.
Following the decision of 6.
Following the decision of
the
Commission
to
the
Commission
to
suspend transfers to a
suspend transfers to a
Member State, the other
Member State, the other
Member States in which
Member States in which
the
applicants
whose
the
applicants
whose
transfers
have
been
transfers
have
been
suspended are present,
suspended
are present
shall be responsible for
shall be responsible for
examining
the
examining
the
applications
for
applications
for
international protection of
international protection of
those persons.
those persons.
The decision to suspend
The decision to suspend
transfers to a Member
transfers to a Member
State
shall
take
due
State
shall
take
due
account of the need to
account of the need to
ensure the protection of
ensure the protection of
minors and of family
minors and of family
ANNEX
181
unity.
unity.
7.
A decision to suspend 7.
A decision to suspend
transfers to a Member
transfers to a Member
State
pursuant
to
State
pursuant
to
paragraph 1 shall justify
paragraph 1 shall justify
the granting of assistance
the granting of assistance
for
the
emergency
for
the
emergency
measures laid down in
measures laid down in
Article 5 of Decision No
Article 5 of Decision No
573/2007/EC
of
the
573/2007/EC
of
the
European Parliament and
European Parliament and
of
the
Council40,
of
the
Council41,
following a request for
following a request for
assistance
from
that
assistance
from
that
Member State.
Member State.
8.
A Member State as
referred to in paragraphs
1 to 3 shall take effective
and
timely
steps
to
remedy the situation that
led to the temporary
suspension of transfers.
8.
Transfers
may
be
9.
Transfers
may
be
suspended for a period
suspended for a period
which cannot exceed six
which
may not exceed six
months.
Where
the
months.
Where
the
grounds for the measures
grounds for the measures
still
persist
after
six
still
persist
after
six
40
OJ L 144, 6.6.2007, p.1.
41
OJ L 144, 6.6.2007, p. 1.
ANNEX
182
months, the Commission
months, the Commission
may
decide,
upon
a
may decide,
on a request
request from the Member
from the Member State
State concerned referred
referred to
in paragraph 1
to paragraph 1 or upon its
or
on its own initiative, to
own initiative, to extend
extend their application
their application for a
for a further six months
further six months period.
period.
The provisions of
Paragraph 5 applies.
paragraph 5 shall also be
applicable.
9.
Nothing in this Article
10.
Nothing in this Article
shall be interpreted as
shall be interpreted as
allowing Member States
allowing Member States
to derogate from their
to derogate from their
general obligation to take
general obligation to take
all appropriate measures,
all appropriate measures,
whether
general
or
whether
general
or
particular,
to
ensure
particular,
to
ensure
fulfilment
of
their
fulfilment
of
their
obligations arising out of
obligations arising out of
the
Community
Community legislation on
legislation on asylum, in
asylum, in particular this
particular this Regulation,
Regulation,
Directive
Directive
[…/…/EC]
║…/…/EC║
[laying
laying
down
minimum
down minimum standards
standards
for
the
for
the
reception
of
reception
of
asylum
asylum
seekers
],
and
seekers,
and Directive
Directive 2005/85/EC.
2005/85/EC.
11.
On a proposal by the
Commission
to
the
European
Parliament
ANNEX
183
and the Council, and
acting in accordance
with
the
procedure
referred to in Article 251
of
the
Treaty,
instruments
shall
be
enacted, binding on all
Member States, in order
to
provide
effective
support to those Member
States which are faced
with
specific
and
disproportionate
pressures
on
their
national systems due, in
particular,
to
their
geographical
or
demographic
situation.
Those instruments shall
enter into force no later
than 31 December 2011
and in any event make
provision
for
the
following:
(a)
the secondment of
officials
from
other
Member
States, under the
aegis
of
the
European Asylum
Support Office, to
assist
those
Member
States
ANNEX
184
which are faced
with
specific
pressures
and
where
the
applicants cannot
benefit
from
adequate
standards
of
protection;
(b)
a
scheme
to
reallocate
beneficiaries
of
international
protection
from
Member
States
which are faced
with specific and
disproportionate
pressures
to
others,
in
consultation with
the Office of the
United
Nations
High
Commissioner for
Refugees,
while
ensuring that the
reallocation
follows
non-
discretionary,
transparent and
unequivocal
ANNEX
185
rules.
12.
This Article shall cease
to apply as soon as the
instruments referred to
in paragraph 11 have
entered into force, and in
any
event
on
31
December 2011 at the
latest.
13.
As part of the monitoring
and evaluation referred
to in Article 42, the
Commission shall review
the application of this
Article and report to the
European
Parliament
and the Council no later
than 30 June 2011. In its
report, the Commission
shall
assess
whether
there is a justified need
to extend the application
of this Article beyond 31
December 2011. If the
Commission considers it
appropriate,
it
shall
submit a proposal for
such an extension to the
European
Parliament
and
the
Council
in
accordance
with
the
procedure laid down in
ANNEX
186
Article 251 of the Treaty.
Article 31
A mechanism for
[…]
early warning,
[…]
preparedness and crisis
management
1.
Where, based in particular
on
the
information
gathered
by
EASO
pursuant
to
[…]
Regulation
(EU)
439/2010
[…]
[…]
the
Commission
establishes
that the application of
this Regulation may be
jeopardised due to either
the identification of a
substantiated
risk
of
particular pressure on a
Member State’s asylum
system […] and/or
[…] because of
problems
in
the
functioning of the asylum
system of a Member State
[…]
[…]
[…] […] , the
Commission,
in
ANNEX
187
cooperation with EASO,
[…]
shall
make
[…]
recommendations to that
Member State inviting it
to draw up a preventive
action plan […] .
The
Member
State
concerned shall inform
the
Council
and
the
Commission whether it
intends
to
present
a
preventive
action
plan
[…] .
A Member State may
upon its own discretion
and initiative draw up a
preventive
action
plan
and subsequent revisions
thereof
[…]
.
[…] When drawing
up a preventive action
plan, the Member State
may call for the assistance
of
the
Commission
[…] other Member
States, EASO and other
relevant EU agencies.
2.
a)
Where a preventive
action plan is drawn
up,
the
Member
State
concerned
ANNEX
188
shall submit it as
well
as
regular
reports
on
its
implementation
to
[…]
the
Council and to the
Commission which,
where
[…]
necessary,
[…]
shall
submit reports on its
implementation
to
the Council.
b) Where a preventive
action plan is drawn
up,
the
Member
State
concerned
shall
take
all
appropriate
measures to deal
with the situation of
particular pressure
or to ensure that the
deficiencies
identified
are
addressed
before
the
situation
deteriorates. Where
a preventive action
plan
includes
measures aimed at
addressing
particular pressure
ANNEX
189
on
a
Member
State’s
asylum
system which may
jeopardise
the
application of this
Regulation,
the
Commission
shall
seek the advice of
EASO
before
reporting
to
the
Council.
[…]
c […]
)
Where the
Commission
establishes on the
basis of EASO’s
analysis
that
the
implementation
of
the
preventive
action
plan
[…] has not
remedied
the
deficiencies
identified or where
there is a serious
risk that the asylum
situation
in
that
Member
State
develops
into
a
crisis,
which
is
ANNEX
190
unlikely
to
be
remedied
by
a
preventive
action
plan,
the
Commission
,
in
cooperation
with
EASO
as
applicable,
[…] […]
may
request
[…]
the
Member
State
concerned
to
elaborate […]
[…] […]
a crisis management
[…]
action
plan
and,
where
necessary […]
revisions
thereof.
3.
a)
[…]
Following
the
[…] […]
request to elaborate
on
a
crisis
management action
plan […] , the
Member
State
concerned shall, in
cooperation
with
the
Commission
and
EASO,
ANNEX
191
elaborate such a
[…]
plan
[…] .
b) Where
a
crisis
management action
plan is drawn up,
[…]
the
Member
State
concerned
shall
submit
[…]
this plan and, at
least every three
months,
report
[…] on its
[…]
implementation
[…] to the
[…]
Commission
and
other
relevant
stakeholders,
such
as
EASO
as
appropriate
[…]
[…] .
The
Commission
shall
inform the Council
and the European
Parliament
[…] on the
crisis management
action plan, possible
revisions, and the
ANNEX
192
[…]
implementation
thereof […] .
[…]
[…]
4.
Throughout
the
entire
process, the
[…]
Council
will
closely
monitor
[…] the
situation and may request
further information and
provide political guidance
[…] , in particular
as regards the urgency
and
severity
of
the
situation and thus, the
need for a Member State
to draw up either a
preventive action plan or,
if necessary, a crisis
management action plan.
The
Council
may
throughout
the
entire
process
discuss
and
provide
guidance
[…]
on
any
measures of solidarity as
it deems appropriate.
CHAPTER VIVII
CHAPTER VII
CHAPTER VIVII
ANNEX
193
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
COOPERATION
COOPERATION
COOPERATION
Article 2132
Article 33
Article 2132
Information sharing
Information sharing
Information sharing
1.
Each Member State shall 1.
Each Member State shall 1.
Each Member State shall
communicate
to
any
communicate
to
any
communicate
to
any
Member State that so
Member State that so
Member State that so
requests such personal
requests such personal
requests such personal
data
concerning
the
data
concerning
the
data
concerning
the
asylum
seeker
as
is
asylum
seeker
as
is
asylum
seeker
as
is
appropriate, relevant and
appropriate, relevant and
appropriate, relevant and
non-excessive for:
non-excessive for:
non-excessive for:
(a)
the determination of
(a) the determination of
(a)
the determination of
the Member State
the Member State
the Member State
responsible
for
responsible
for
responsible
for
examining
the
examining
the
examining
the
application
for
application
for
application
for
asylum
international
asylum
international
protection;
international
protection;
protection;
(b)
examining
the
(b) examining
the
(b)
examining
the
application
for
application
for
application
for
international
international
international
protection
protection
;
protection;
asylum;
asylum;
ANNEX
194
(c)
implementing
any
(c) implementing
any
(c)
implementing
any
obligation
arising
obligation
arising
obligation
arising
under
this
under
this
under
this
Regulation.
Regulation.
Regulation.
2.
The information referred 2.
The information referred 2.
The information referred
to in paragraph 1 may
to in paragraph 1 may
to in paragraph 1 may
only cover:
only cover:
only cover:
(a)
personal details of
(a)
the personal details
(a)
personal details of
the applicant, and,
of
the
applicant,
the applicant, and,
where appropriate,
and,
where
where appropriate,
the members of his
appropriate,
the
the members of his
family (full name
members of his
/her
family within the
and
where
family (full name
meaning of Article
appropriate, former
and
where
2(g),
or
other
name; nicknames or
appropriate, former
relatives
or
pseudonyms;
name; nicknames or
relations,
nationality, present
pseudonyms;
[…]
(full
and former; date
nationality, present
name and where
and place of birth);
and former; date
appropriate, former
and place of birth);
name; nicknames or
pseudonyms;
nationality, present
and former; date
and place of birth);
(b)
identity and travel
(b) identity and travel
(b)
identity and travel
papers (references,
papers (references,
papers (references,
validity,
date
of
validity,
date
of
validity,
date
of
issue,
issuing
issue,
issuing
issue,
issuing
authority, place of
authority, place of
authority, place of
issue, etc.);
issue, etc.);
issue, etc.);
ANNEX
195
(c)
other
information
(c) other
information
(c)
other
information
necessary
for
necessary
for
necessary
for
establishing
the
establishing
the
establishing
the
identity
of
the
identity
of
the
identity
of
the
applicant, including
applicant, including
applicant, including
fingerprints
fingerprints
fingerprints
processed
in
processed
in
processed
in
accordance
with
accordance
with
accordance
with
Regulation (EC) No
Regulation (EC) No
Regulation (EC) No
2725/2000
║.../...║
2725/2000
[.../...][concernin
[concerning
the
[.../...][concernin
g the establishment
establishment
of
g the establishment
of "EURODAC" for
"
Eurodac" for the
of "EURODAC" for
the comparison of
comparison
of
the comparison of
fingerprints for the
fingerprints for the
fingerprints for the
effective application
effective application
effective application
of
the
Dublin
of ║ Regulation
of
the
Dublin
Regulation] ;
(EC)
No
.../...
Regulation] ;
establishing
the
criteria
and
mechanisms
for
determining
the
Member
State
responsible
for
examining
an
application
for
international
protection lodged in
one of the Member
States by a third-
country national o r
a stateless person];
ANNEX
196
(d)
places of residence
(d) places of residence
(d)
places of residence
and routes travelled;
and routes travelled;
and routes travelled;
(e)
residence
(e) residence
(e)
residence
documents or visas
documents or visas
documents or visas
issued by a Member
issued by a Member
issued by a Member
State;
State;
State;
(f)
the place where the
(f) the place where the
(f)
the place where the
application
was
application
was
application
was
lodged;
lodged;
lodged;
(g)
the
date
any
(g) the date
on which
(g)
the
date
any
previous application
any
previous
previous application
for
asylum
application
for
for
asylum
international
international
international
protection
was
protection
was
protection
was
lodged, the date the
lodged, the date
on
lodged, the date the
present application
which
the
present application
was
lodged,
the
application
was
was
lodged,
the
stage reached in the
lodged, the stage
stage reached in the
proceedings and the
reached
in
the
proceedings and the
decision taken, if
proceedings and the
decision taken, if
any.
decision taken, if
any.
any.
3.
Furthermore, provided it 3.
Furthermore, provided it 3.
Furthermore, provided it
is
necessary
for
the
is
necessary
for
the
is
necessary
for
the
examination
of
the
examination
of
the
examination
of
the
application
for
asylum
application
for
application
for
asylum
international
international
protection,
international
protection
,
the
the
Member
State
protection
,
the
Member State responsible
responsible may request
Member State responsible
ANNEX
197
may
request
another
another Member State to
may
request
another
Member State to let it
let it know on what
Member State to let it
know on what grounds
grounds
the
asylum
know on what grounds
the asylum seeker bases
seeker
bases
his
/her
the asylum seeker bases
his application and, where
application
and, where
his application and, where
applicable, the grounds
applicable, the grounds
applicable, the grounds
for any decisions taken
for any decisions taken
for any decisions taken
concerning the applicant.
concerning the applicant.
concerning the applicant.
The Member State may
The Member State may
The Member State may
refuse to respond to the
refuse to respond to the
refuse to respond to the
request submitted to it, if
request submitted to it, if
request submitted to it, if
the
communication
of
the
communication
of
the
communication
of
such information is likely
such information
would
such information is likely
to harm the essential
be likely to harm the
to harm the essential
interests of the Member
essential interests of the
interests of the Member
State or the protection of
Member State or the
State or the protection of
the
liberties
and
protection of the liberties
the
liberties
and
fundamental rights of the
and fundamental rights of
fundamental rights of the
person concerned or of
the person concerned or
person concerned or of
others. In any event,
of others. In any event,
others. In any event,
communication
of
the
communication
of
the
communication
of
the
information
requested
information
requested
information
requested
shall be subject to the
shall be subject to the
shall be subject to the
written approval of the
written approval of the
written approval of the
applicant
for
asylum
applicant for international
applicant
for
asylum
international
protection obtained by the
international
protection, obtained by
requested Member State.
protection, obtained by
the requested Member
In
such a case, the
the
[…]
State . In this case,
applicant must know for
requesting Member
the applicant must know
what information he/she
State . In this case,
for
what
information
is giving his/her approval.
the applicant must know
he/she is giving his/her
for
what
information
approval.
he/she is giving his/her
ANNEX
198
approval.
4.
Any
request
for 4.
Any
request
for 4.
Any
request
for
information shall only
information shall ║ be
information shall only
be sent in the context of
sent
only in the context of
be sent in the context of
an individual application
an individual application
an individual application
for
international
for
international
for
international
protection. It shall set
protection. It shall set out
protection. It shall set
out the grounds on which
the grounds on which it is
out the grounds on which
it is based and, where its
based and, where its
it is based and, where its
purpose
is
to
check
purpose
is
to
check
purpose
is
to
check
whether
there
is
a
whether
there
is
a
whether
there
is
a
criterion that is likely to
criterion that is likely to
criterion that is likely to
entail the responsibility of
entail the responsibility of
entail the responsibility of
the requested Member
the requested Member
the requested Member
State, shall state on what
State, shall state on what
State, shall state on what
evidence,
including
evidence,
including
evidence,
including
relevant information from
relevant information from
relevant information from
reliable sources on the
reliable sources on the
reliable sources on the
ways and means asylum
ways and means
by which
ways and means asylum
seekers
enter
the
asylum seekers enter the
seekers
enter
the
territories of the Member
territory of the Member
territories of the Member
States, or on what specific
States, or on what specific
States, or on what specific
and verifiable part of the
and verifiable part of the
and verifiable part of the
applicant's statements it is
applicant's statements it is
applicant's statements it is
based. It is understood
based. It is understood
based. It is understood
that
such
relevant
that
such
relevant
that
such
relevant
information from reliable
information from reliable
information from reliable
sources is not in itself
sources is not in itself
sources is not in itself
sufficient to determine the
sufficient to determine the
sufficient to determine the
responsibility
and
the
responsibility
and
the
responsibility
and
the
competence of a Member
competence of a Member
competence of a Member
State
under
this
State
under
this
State
under
this
Regulation, but it may
Regulation, but it may
Regulation, but it may
ANNEX
199
contribute
to
the
contribute
to
the
contribute
to
the
evaluation
of
other
evaluation
of
other
evaluation
of
other
indications relating to the
indications relating to the
indications relating to the
individual asylum seeker.
individual asylum seeker.
individual asylum seeker.
5.
The requested Member 5.
The requested Member 5.
The requested Member
State shall be obliged to
State shall reply within
State shall be obliged to
reply within six four
four weeks. Any delays in
reply within six […]
weeks. Any delays in
the reply shall be duly
five weeks. Any
the reply shall be duly
justified. If the research
delays in the reply shall
justified. If the research
carried
out
by
the
be duly justified. Non-
carried
out
by
the
requested Member State
compliance
with
the
requested Member State
which did not respect the
[…] five week time
which did not respect the
maximum
time-limit
limit does not relieve the
maximum
time-limit,
yields information which
requested Member State
yield information which
shows
that
it
is
of
the
obligation
to
shows
that
it
is
responsible, that Member
reply. If the research
responsible, that Member
State may not invoke the
carried
out
by
the
State may not invoke the
expiry of the time-limit
requested Member State
expiry of the time-limit
provided for in Articles
which did not respect the
provided for in Articles
21 and 23 as a reason for
maximum
time-limit,
21 and 23 as a reason for
refusing to comply with a
yield information which
refusing to comply with a
request to take charge or
shows
that
it
is
request to take charge or
take back.
responsible, that Member
take back.
State may not invoke the
expiry of the time-limit
provided for in Articles
21 and 23 as a reason for
refusing to comply with a
request to take charge or
take back. In that
case,
the
time-limits
provided for in Articles
21 and 23 for submitting
ANNEX
200
a request to take charge or
take
back
shall
be
extended with a period of
time
which
shall
be
equivalent to the delay in
the reply by the requested
Member State.
6.
The
exchange
of 6.
The
exchange
of 6.
The
exchange
of
information
shall
be
information
shall
be
information
shall
be
effected at the request of
effected at the request of
effected at the request of
a Member State and may
a Member State and may
a Member State and may
only take place between
only take place between
only take place between
authorities
whose
authorities
whose
authorities
whose
designation
by
each
designation
by
each
designation
by
each
Member State has been
Member State has been
Member State has been
communicated
to
the
communicated
to
the
communicated
to
the
Commission
in
Commission
in
Commission
in
accordance with Article
accordance with
Article
accordance with Article
33(1)
which
shall
34(1).
33(1)
which
shall
inform the other Member
inform the other Member
States thereof.
States thereof.
7.
The
information 7.
The
information 7.
The
information
exchanged may only be
exchanged may be used
exchanged may only be
used for the purposes set
only for the purposes set
used for the purposes set
out in paragraph 1. In
out in paragraph 1. In
out in paragraph 1. In
each Member State such
each Member State such
each Member State such
information
may,
information
may,
information
may,
depending on its type and
depending on its type and
depending on its type and
the
powers
of
the
the
powers
of
the
the
powers
of
the
recipient authority, only
receiving authority, be
recipient authority, only
be communicated to the
communicated
only to the
be communicated to the
authorities and courts and
authorities and courts and
authorities and courts and
ANNEX
201
tribunals entrusted with:
tribunals entrusted with:
tribunals entrusted with:
(a)
the determination of
(a) the determination of
(a)
the determination of
the Member State
the Member State
the Member State
responsible
for
responsible
for
responsible
for
examining
the
examining
the
examining
the
application
for
application
for
application
for
asylum
international
asylum
international
protection;
international
protection;
protection;
(b)
examining
the
(b) examining
the
(b)
examining
the
application
for
application
for
application
for
asylum
international
asylum
international
protection;
international
protection;
protection;
(c)
implementing
any
(c) implementing
any
(c)
implementing
any
obligation
arising
obligation
arising
obligation
arising
under
this
under
this
under
this
Regulation.
Regulation.
Regulation.
8.
The Member State which 8.
The Member State which 8.
The Member State which
forwards the information
forwards the information
forwards the information
shall ensure that it is
shall ensure that it is
shall ensure that it is
accurate and up-to-date. If
accurate and up-to-date. If
accurate and up-to-date. If
it transpires that that
it transpires that that
it transpires that that
Member
State
has
Member
State
has
Member
State
has
forwarded
information
forwarded
information
forwarded
information
which is inaccurate or
which is inaccurate or
which is inaccurate or
which should not have
which should not have
which should not have
been
forwarded,
the
been
forwarded,
the
been
forwarded,
the
recipient Member States
receiving Member States
recipient Member States
shall be informed thereof
shall be informed thereof
shall be informed thereof
ANNEX
202
immediately. They shall
immediately. They shall
immediately. They shall
be obliged to correct such
be obliged to correct such
be obliged to correct such
information or to have it
information or to have it
information or to have it
erased.
erased.
erased.
9.
The asylum seeker shall 9.
The asylum seeker shall 9.
The asylum seeker shall
have the right to be
have the right to be
have the right to be
informed, on request, of
informed, on request, of
informed, on request, of
any data that is processed
any
data
that
are
any data that is processed
concerning him/her.
processed
concerning
concerning him/her.
him/her.
If he finds that this
If he
/she finds that
the
If he finds that this
information
has
been
data have been processed
information
has
been
processed in breach of
in
breach
of
this
processed in breach of
this
Regulation or of
Regulation or of Directive
this
Regulation or of
Directive 95/46/EC of the
95/46/EC,
in particular
Directive 95/46/EC of the
European Parliament and
because it is incomplete
European Parliament and
the Council of 24 October
or inaccurate, he
/she is
the Council of 24 October
1995 on the protection of
entitled
to
have
it
1995 on the protection of
individuals with regard to
corrected or erased
.
individuals with regard to
the processing of personal
the processing of personal
data and on the free
data and on the free
movement of such data
movement of such data
(8), in particular because
(8), in particular because
it
is
incomplete
or
it
is
incomplete
or
inaccurate, he is entitled
inaccurate, he is entitled
to
have
it
to
have
it
corrected, or
corrected, or
erased or blocked.
erased. or blocked.
The authority correcting,
The authority correcting
The authority correcting,
or
erasing
or
or erasing the data shall
or
erasing
or
blocking the data shall
inform,
as appropriate,
blocking the data shall
ANNEX
203
inform,
as appropriate,
the
Member
State
inform,
as appropriate,
the
Member
State
transmitting or receiving
the
Member
State
transmitting or receiving
the information.
transmitting or receiving
the information.
the information.
The asylum seeker shall
The asylum seeker shall
The asylum seeker shall
have the right to bring an
have the right to bring an
have the right to bring an
action or a complaint
action or a complaint
action or a complaint
before
the
competent
before
the
competent
before
the
competent
authorities or courts of the
authorities or courts of the
authorities or courts of the
Member
State
which
Member
State
which
Member
State
which
refused the right of access
refused the right of access
refused the right of access
to
or
the
right
of
to
or
the
right
of
to
or
the
right
of
correction or deletion of
correction or deletion of
correction or […]
data relating to him/her.
data relating to him/her.
erasure
of
data
relating to him/her.
10.
In each Member State 10.
In each Member State 10.
In each Member State
concerned, a record shall
concerned, a record shall
concerned, a record shall
be kept, in the individual
be kept, in the individual
be kept, in the individual
file
for
the
person
file
for
the
person
file
for
the
person
concerned and/or in a
concerned and/or in a
concerned and/or in a
register,
of
the
register,
of
the
register,
of
the
transmission and receipt
transmission and receipt
transmission and receipt
of
information
of
information
of
information
exchanged.
exchanged.
exchanged.
11.
The data exchanged shall 11.
The data exchanged shall 11.
The data exchanged shall
be kept for a period not
be kept for a period not
be kept for a period not
exceeding that which is
exceeding that which is
exceeding that which is
necessary
for
the
necessary
for
the
necessary
for
the
purposes for which it is
purposes for which
they
purposes for which it is
exchanged.
are exchanged.
exchanged.
ANNEX
204
12.
Where the data is not 12.
Where the data
are not 12.
Where the data is not
processed
automatically
processed
automatically
processed
automatically
or is not contained, or
or
are not contained, or
or is not contained, or
intended to be entered, in
intended to be entered, in
intended to be entered, in
a file, each Member State
a file, each Member State
a file, each Member State
should
shall take
shall
take
appropriate
should
shall take
appropriate measures to
measures
to
ensure
appropriate measures to
ensure compliance with
compliance
with
this
ensure compliance with
this
Article
through
Article through effective
this
Article
through
effective checks.
checks.
effective checks.
Article 2233
Article 34
Article 2233
Competent authorities and
Competent authorities and
Competent authorities and
resources
resources
resources
1.
Each
Member 1.
Each Member State shall 1.
Each
Member
States shall
notify
the
notify
the
Commission
States shall
notify
the
Commission
without
without
delay
of the
Commission
without
delay
of
the
specific
authorities
delay
of
the
specific authorities
responsible for fulfilling
specific authorities
responsible for fulfilling
the
obligations
arising
responsible for fulfilling
the
obligations
arising
under this Regulation, and
the
obligations
arising
under this Regulation ,
any amendments
hereto.
under this Regulation ,
and
any
amendments
They shall ensure that
and
any
amendments
thereto.
those authorities have the
thereto.
They and
shall
necessary resources for
They and
shall
ensure
that
those
carrying out their tasks
ensure
that
those
authorities
have
the
and
in
particular
for
authorities
have
the
necessary resources for
replying
within
the
necessary resources for
carrying out their tasks
prescribed time limits to
carrying out their tasks
and
in
particular
for
requests for information,
and
in
particular
for
ANNEX
205
replying
within
the
requests to take charge of
replying
within
the
prescribed time limits to
and requests to take back
prescribed time limits to
requests for information,
asylum seekers.
requests for information,
requests to take charge of
requests to take charge of
and requests to take back
and requests to take back
asylum seekers.
asylum seekers.
2.
The
Commission
shall 2.
The
Commission
shall 2.
The
Commission
shall
publish a consolidated list
publish a consolidated list
publish a consolidated list
of the authorities referred
of the authorities referred
of the authorities referred
to in paragraph 1 in the
to in paragraph 1 in the
to in paragraph 1 in the
Official Journal of the
Official Journal of the
Official Journal of the
European Union. Where
European Union. Where
European Union. Where
there
are amendments
there
are amendments
there
are amendments
thereto, the Commission
thereto, the Commission
thereto, the Commission
shall publish once a year
shall publish once a year
shall publish once a year
an updated consolidated
an updated consolidated
an updated consolidated
list.
list.
list.
3.
The authorities referred to 3.
The authorities referred to 3.
The authorities referred to
in
paragraph
1
shall
in
paragraph
1
shall
in
paragraph
1
shall
receive
the
necessary
receive
the
necessary
receive
the
necessary
training with respect to
training with respect to
training with respect to
the application of this
the application of this
the application of this
Regulation.
Regulation.
Regulation.
24.
Rules
relating
to the 4.
Rules
relating
to the 24.
Rules
relating
to the
establishment of secure
establishment of secure
establishment of secure
electronic
transmission
electronic
transmission
electronic
transmission
channels
between
the
channels
between
the
channels
between
the
authorities mentioned in
authorities mentioned in
authorities mentioned in
paragraph
1
for
paragraph
1
for
paragraph
1
for
transmitting
requests
transmitting
transmitting
requests
, replies and all written
requests, replies and all
, replies and all written
ANNEX
206
correspondence
and
written
correspondence
correspondence
and
ensuring
that
senders
and ensuring that senders
ensuring
that
senders
automatically receive an
automatically receive an
automatically receive an
electronic
proof
of
electronic
proof
of
electronic
proof
of
delivery
shall
be
delivery
shall
be
delivery
shall
be
established in accordance
established in accordance
established in accordance
with
the
procedure
with
the
regulatory
with
the
procedure
referred to in Article
procedure referred to in
referred to in Article
40(2)27(2).
Article 41(2).
40(2)27(2).
Article 2334
Article 35
Article 2334
Administrative
Administrative arrangements
Administrative
arrangements
arrangements
1.
Member States may, on a 1.
Member States may, on a 1.
Member States may, on a
bilateral basis, establish
bilateral basis, establish
bilateral basis, establish
administrative
administrative
administrative
arrangements
between
arrangements
between
arrangements
between
themselves
concerning
each other concerning the
themselves
concerning
the practical details of the
practical details of the
the practical details of the
implementation
of
this
implementation
of
this
implementation
of
this
Regulation, in order to
Regulation in order to
Regulation, in order to
facilitate its application
facilitate its application
facilitate its application
and
increase
its
and
increase
its
and
increase
its
effectiveness.
Such
effectiveness.
Such
effectiveness.
Such
arrangements may relate
arrangements may relate
arrangements may relate
to:
to:
to:
(a)
exchanges of liaison
(a) exchanges of liaison
(a)
exchanges of liaison
officers;
officers;
officers;
ANNEX
207
(b)
simplification of the
(b) simplification of the
(b)
simplification of the
procedures
and
procedures
and
procedures
and
shortening of the
shortening of the
shortening of the
time limits relating
time limits relating
time limits relating
to transmission and
to
the transmission
to transmission and
the examination of
and the examination
the examination of
requests
to
take
of requests to take
requests
to
take
charge of or take
charge of or take
charge of or take
back
asylum
back
asylum
back
asylum
seekers;
seekers
.
seekers;
2.
Member States may also
maintain
the
administrative
arrangements
concluded
under Regulation (EC)
No 343/2003. To the
extent
that
such
arrangements
are
not
compatible
with
this
Regulation, the Member
States
concerned shall
amend the arrangements
in such a way as to
eliminate […] any
incompabilities […]
observed.
3.
Before
concluding
or
amending
any
arrangement referred to in
paragraph
1(b),
the
Member States concerned
ANNEX
208
shall
consult
the
Commission as to the
compatibility
of
the
arrangement
with
this
Regulation.
[…] 4.
If
the
Commission considers the
arrangements referred to
in paragraph 1(b) to be
incompatible
with
this
Regulation,
it
shall,
within
a
reasonable
period, notify the Member
States concerned. The
Member States shall take
all appropriate steps to
amend the arrangement
concerned
within
a
reasonable period in such
a way as to eliminate
[…]
any
incompatibilities
[…] observed.
2.
The
arrangements 2.
The
arrangements 5.
Member
States
shall
referred to in paragraph 1
referred to in paragraph 1
notify the Commission of
shall be communicated to
shall be communicated to
all arrangements referred
the
Commission.
The
the
Commission.
The
to in paragraph 1, and of
Commission
shall
Commission
shall
any denunciation thereof,
approve verify that
approve the arrangements
or amendment thereto.
the arrangements referred
referred to in paragraph
to
in
paragraph
1(b), after it has verified
1(b), after
it
has
that they do not infringe
ANNEX
209
verified that they do
this Regulation.
not
infringe
this
Regulation.
CHAPTER VIII
CHAPTER VIII
CHAPTER VIII
Conciliation
Conciliation
Conciliation
Article 1435
Article 36
Article 1435
Conciliation
Conciliation
Conciliation
1.
Where the Member States 1.
Where the Member States 1.
Where the Member States
cannot resolve a dispute,
cannot resolve a dispute
cannot resolve a dispute,
either on the need to carry
on any matter related to
either on the need to carry
out a transfer or to bring
the application of this
out a transfer or to bring
relatives together on the
Regulation,
they
may
relatives together on the
basis of Article 15 of
have recourse to the
basis of Article 15 of
Regulation
(EC)
No
conciliation
procedure
Regulation
(EC)
No
343/2003,
or
on
the
provided for in paragraph
343/2003,
or
on
the
Member State in which
2.
Member State in which
the
person
concerned
the
person
concerned
should be reunited, on
should be reunited, on
any matter related to the
any matter related to the
application
of
this
application
of
this
Regulation, they may
Regulation, they may
have recourse to the
have recourse to the
conciliation
procedure
conciliation
procedure
provided for in paragraph
provided for in paragraph
2 of this Article.
2 of this Article.
ANNEX
210
2.
The
conciliation 2.
The
conciliation 2.
The
conciliation
procedure
shall
be
procedure
shall
be
procedure
shall
be
initiated by a request from
initiated by a request from
initiated by a request from
one of the Member States
one of the Member States
one of the Member States
in
dispute
to
the
in
dispute
to
the
in
dispute
to
the
Chairman
of
the
Chairman
of
the
Chairman
of
the
Committee set up by
Committee set up by
Committee set up by
Article
2740
of
Article 41. By agreeing to
Article
2740
of
Regulation
(EC)
No
use
the
conciliation
Regulation
(EC)
No
343/2003. By agreeing to
procedure, the Member
343/2003. By agreeing to
use
the
conciliation
States concerned
commit
use
the
conciliation
procedure, the Member
themselves to taking the
procedure, the Member
States
concerned
utmost account of the
States
concerned
undertake to take the
solution proposed.
undertake to take the
utmost account of the
utmost account of the
solution proposed.
solution proposed.
The Chairman of the
The Chairman of the
The Chairman of the
Committee shall appoint
Committee shall appoint
Committee shall appoint
three members of the
three members of the
three members of the
Committee
representing
Committee
representing
Committee
representing
three Member States not
three Member States not
three Member States not
connected
with
the
connected
with
the
connected
with
the
matter. They shall receive
matter. They shall receive
matter. They shall receive
the arguments of the
the arguments of the
the arguments of the
parties either in writing or
parties either in writing or
parties either in writing or
orally
and,
after
orally
and,
after
orally
and,
after
deliberation,
shall
deliberation,
shall
deliberation,
shall
propose a solution within
propose a solution within
propose a solution within
one
month,
where
one
month,
where
one
month,
where
necessary after a vote.
necessary after a vote.
necessary after a vote.
The Chairman of the
The
Chair
of
the
The Chairman of the
ANNEX
211
Committee, or his deputy,
Committee,
or
his
/her
Committee, or his deputy,
shall chair the discussion.
deputy, shall chair the
shall chair the discussion.
He may put forward his
discussion. He
/she may
He may put forward his
point of view but he may
put forward his point of
point of view but he may
not vote.
view but he
/she may not
not vote.
vote.
Whether it is adopted or
Whether it is adopted or
Whether it is adopted or
rejected by the parties, the
rejected by the parties, the
rejected by the parties, the
solution proposed shall be
solution proposed shall be
solution proposed shall be
final and irrevocable.
final and irrevocable.
final and irrevocable.
CHAPTER VIIIX
CHAPTER IX
CHAPTER VIIIX
TRANSITIONAL PROVISIONS
TRANSITIONAL PROVISIONS
TRANSITIONAL PROVISIONS
AND FINAL PROVISIONS
AND FINAL PROVISIONS
AND FINAL PROVISIONS
Article 35 A
[…]
Data security and data protection
Member States shall take all
appropriate measures to ensure the
security of transmitted personal
data […] and in particular to
avoid unlawful or unauthorized
access or disclosure, alteration or
loss of personal data processed.
ANNEX
212
Each Member State shall provide
that
the
national
supervisory
authority or authorities designated
pursuant to Article 28(1) of
Directive 95/46/EC shall monitor
independently, in accordance with
its respective national law, the
lawfulness of the processing, in
accordance with this Regulation,
of personal data by the Member
State in question.
Article 35 B
[…]
Confidentiality
Member States shall ensure that
the authorities referred to in
Article 33 are bound by the
confidentiality principle as defined
in national law, in relation to any
information they obtain in the
course of their work.
Article 36
Article 37
Article 36
Penalties
Penalties
Penalties
Member States shall take the Member States shall take the Member States shall take the
necessary measures to ensure that necessary measures to ensure that necessary measures to ensure that
ANNEX
213
any misuse of data processed in any misuse of data processed in any misuse of data processed in
accordance with this Regulation is accordance with this Regulation is accordance with this Regulation is
punishable by penalties, including punishable by penalties, including punishable by penalties, including
administrative
and/or
criminal administrative
and/or
criminal administrative
and/or
criminal
penalties
in
accordance
with penalties
in
accordance
with penalties
in
accordance
with
national law, that are effective, national law, that are effective, national law, that are effective,
proportionate and dissuasive.
proportionate and dissuasive.
proportionate and dissuasive.
Article 2437
Article 38
Article 2437
Transitional measures
Transitional measures
Transitional measures
1. This Regulation shall replace
1. This Regulation shall replace
the Convention determining the
the Convention determining the
State responsible for examining
State responsible for examining
applications for asylum lodged in
applications for asylum lodged in
one of the Member States of the
one of the Member States of the
European Communities, signed in
European Communities, signed in
Dublin on 15 June 1990 (Dublin
Dublin on 15 June 1990 (Dublin
Convention).
Convention).
2. However, to ensure continuity Where an application has been 2. However, to ensure continuity
of
the
arrangements
for lodged after the date mentioned in of
the
arrangements
for
determining the Member State the second paragraph of
Article 45, determining the Member State
responsible for an application for the events that are likely to entail responsible for an application for
asylum, wWhere an application the responsibility of a Member asylum, wWhere an application
has been lodged after the date State under this Regulation shall has been lodged after the date
mentioned in the second paragraph be taken into consideration, even if mentioned in the second paragraph
of Article 29 44, the events that they precede that date, with the of Article 29 44, the events that
are
likely
to
entail
the exception of the events mentioned are
likely
to
entail
the
responsibility of a Member State in Article 14(2).
responsibility of a Member State
under this Regulation shall be
under this Regulation shall be
ANNEX
214
taken into consideration, even if
taken into consideration, even if
they precede that date, with the
they precede that date, with the
exception of the events mentioned
exception of the events mentioned
in Article 14(2) 10(2).
in Article 14(2). 10(2).
3. Where, in Regulation (EC) No
3. Where, in Regulation (EC) No
2725/2000 reference is made to the
2725/2000 reference is made to the
Dublin Convention, such reference
Dublin Convention, such reference
shall be taken to be a reference
shall be taken to be a reference
made to this Regulation.
made to this Regulation.
Article2538
Article 39
Article2538
Calculation of time-limits
Calculation of time limits
Calculation of time-limits
1.
Any
period
of
time Any period of time prescribed in 1.Any period of time prescribed in
prescribed in this Regulation shall this Regulation shall be calculated this Regulation shall be calculated
be calculated as follows:
as follows:
as follows:
(a)
where a period expressed (a)
where a period expressed (a)
where a period expressed
in days, weeks or months
in days, weeks or months
in days, weeks or months
is to be calculated from
is to be calculated from
is to be calculated from
the moment at which an
the moment at which an
the moment at which an
event occurs or an action
event occurs or an action
event occurs or an action
takes
place,
the
day
takes
place,
the
day
takes
place,
the
day
during which that event
during which that event
during which that event
occurs or that action takes
occurs or that action takes
occurs or that action takes
place shall not be counted
place shall not be counted
place shall not be counted
as
falling
within
the
as
falling
within
the
as
falling
within
the
period in question;
period in question;
period in question;
(b)
a period expressed in (b)
a period expressed in (b)
a period expressed in
ANNEX
215
weeks or months shall
weeks or months shall
weeks or months shall
end with the expiry of
end with the expiry of
end with the expiry of
whichever day in the last
whichever day in the last
whichever day in the last
week or month is the
week or month is the
week or month is the
same day of the week or
same day of the week or
same day of the week or
falls on the same date as
falls on the same date as
falls on the same date as
the day during which the
the day during which the
the day during which the
event or action from
event or action from
event or action from
which the period is to be
which the period is to be
which the period is to be
calculated
occurred or
calculated
occurred or
calculated
occurred or
took place. If, in a period
took place. If, in a period
took place. If, in a period
expressed in months, the
expressed in months, the
expressed in months, the
day on which it should
day on which it should
day on which it should
expire does not occur in
expire does not occur in
expire does not occur in
the last month, the period
the last month, the period
the last month, the period
shall end with the expiry
shall end with the expiry
shall end with the expiry
of the last day of that
of the last day of that
of the last day of that
month;
month;
month;
(c)
time limits shall include (c)
time limits shall include (c)
time limits shall include
Saturdays, Sundays and
Saturdays, Sundays and
Saturdays, Sundays and
official holidays in any of
official holidays in any of
official holidays in any of
the
Member
States
the
Member
States
the
Member
States
concerned.
concerned.
concerned.
2.Requests and replies shall be
2.Requests and replies shall be
sent
using
any
method that
sent
using
any
method that
provides proof of receipt.
provides proof of receipt.
Article 2639
Article 40
Article 2639
Territorial scope
Territorial scope
Territorial scope
ANNEX
216
As far as the French Republic is As far as the French Republic is As far as the French Republic is
concerned, this Regulation shall concerned, this Regulation shall concerned, this Regulation shall
apply
only
to
its
European apply
only
to
its
European apply
only
to
its
European
territory.
territory.
territory.
Article 2740
Article 41
Article 2740
Committee
Committee
Committee
1.
The Commission shall be 1.
The Commission shall be 1.
The Commission shall be
assisted by a committee.
assisted by a committee.
assisted by a committee.
That committee shall
be a committee within the
meaning
of Regulation
(EU) No 182/2011.
2.
Where reference is made 2.
Where reference is made 2.
Where reference is made
to this paragraph, Articles
to this paragraph, Articles
to this paragraph, Article
5 and 7 of Decision
5 and 7 of Decision
5 of Regulation (EU)
1999/468/EC shall apply.
1999/468/EC shall apply
,
No
182/2011
having regard to the
[…] shall apply.
provisions of Article 8
thereof.
The period laid down in
The period laid down in
[…]
Article 5(6) of Decision
Article 5(6) of Decision
1999/468/EC shall be set
1999/468/EC shall be set
at three months.
at three months.
3.
Where reference is made 3.
Where reference is made […]
to this paragraph, Article
to this paragraph, Article
5a(1) to (4), and Article 7
5a(1) to (4), and Article 7
ANNEX
217
of Decision 1999/468/EC
of Decision 1999/468/EC
shall apply, having regard
shall apply, having regard
to
the
provisions
of
to
the
provisions
of
Article 8 thereof.
Article 8 thereof.
Article 2841
Article 42
Article 2841
Monitoring and evaluation
Monitoring and evaluation
Monitoring and evaluation
At the latest three years after the At the latest three years after the At the latest three years after the
date
mentioned
in
the
first date
mentioned
in
the
first date
mentioned
in
the
first
paragraph of Article 44 29, the paragraph of
Article 45,
and paragraph of Article 44 29, the
Commission shall report to the
without
prejudice
to
Article Commission shall report to the
European
Parliament
and the
32(13), the Commission shall European
Parliament
and the
Council on the application of this report to the European Parliament Council on the application of this
Regulation and, where appropriate, and the Council on the application Regulation and, where appropriate,
shall
propose
the
necessary of this Regulation and, where shall
propose
the
necessary
amendments. Member States shall appropriate, shall propose
any amendments. Member States shall
forward to the Commission all necessary amendments. Member forward to the Commission all
information appropriate for the States
shall
forward
to
the information appropriate for the
preparation of that report, at the Commission
all
information preparation of that report, at the
latest six months before that time appropriate for the preparation of latest six months before that time
limit expires.
that report, at the latest six months limit expires.
before that time limit expires.
AfterHhaving submitted that After having submitted that report, AfterHhaving submitted that
report,
the
Commission
shall the Commission shall report to the report,
the
Commission
shall
report to the European Parliament European
Parliament
and the report to the European Parliament
and the Council on the application Council on the application of this and the Council on the application
of this Regulation at the same time Regulation at the same time as it of this Regulation at the same time
as it submits reports on the submits
reports
on
the as it submits reports on the
implementation of the Eurodac implementation of the
Eurodac implementation of the Eurodac
ANNEX
218
system provided for by Article system provided for by Article 28 system provided for by Article
4(5) 28 of Regulation (EC) No of Regulation (EC) No ║.../...║ 4(5) 28 of Regulation (EC) No
2725/2000 [.../...] [concerning [concerning the establishment of 2725/2000 [.../...] [concerning
the establishment of "EURODAC" "
Eurodac" for the comparison of the establishment of "EURODAC"
for the comparison of fingerprints fingerprints
for
the
effective for the comparison of fingerprints
for the effective application of the application of ║ Regulation
(EC) for the effective application of the
Dublin Regulation] .
No .../... establishing the criteria Dublin Regulation] .
and mechanisms for determining
the Member State responsible for
examining an application for
international protection lodged in
one of the Member States by a
third-country
national
or
a
stateless person].
Article 42
Article 43
Article 42
Statistics
Statistics
Statistics
In accordance with Article 4(4) of In accordance with Article 4(4) of In accordance with Article 4(4) of
Regulation (EC) No 862/2007 of Regulation (EC) No 862/2007 of Regulation (EC) No 862/2007 of
the European Parliament and of the European Parliament and of the European Parliament and of
the Council42, Member States shall the Council
of 11 July 2007 on the Council, Member States shall
communicate to the Commission
Community statistics on migration communicate to the Commission
(Eurostat),
statistics concerning
and international protection43, (Eurostat),
statistics concerning
the application this Regulation and Member States shall communicate the application this Regulation and
of Regulation (EC) No 1560/2003.
to the Commission (Eurostat), of Regulation (EC) No 1560/2003.
statistics
concerning
the
application this Regulation and of
42
OJ L 199, 31.7.2007, p.23.
43
OJ L 199, 31.7.2007, p. 23.
ANNEX
219
Regulation (EC) No 1560/2003.
Article 43
Article 44
Article 43
Repeal
Repeal
Repeal
Regulation
(EC)
343/2003
is Regulation
(EC)
343/2003
is Regulation
(EC)
343/2003
is
repealed.
hereby repealed.
repealed.
Articles 11(1), 13, 14 and 17 of Articles 11(1), 13, 14 and 17 of ║ Articles 11(1), 13, 14 and 17 of
Commission Regulation (EC) No Regulation (EC) No 1560/2003 are Commission Regulation (EC) No
1560/2003 are repealed.
hereby repealed.
1560/2003 are repealed.
References
to
the
repealed References
to
the
repealed References
to
the
repealed
Regulation or Articles shall be Regulation or Articles shall be Regulation or Articles shall be
construed as references to this construed as references to this construed as references to this
Regulation and shall be read in Regulation and shall be read in Regulation and shall be read in
accordance with the correlation accordance with the correlation accordance with the correlation
table in Annex II.
table in Annex II.
table in Annex II.
Article 2944
Article 45
Article 2944
Entry into force and
Entry into force and applicability
Entry into force and
applicability
applicability
This Regulation shall enter into This Regulation shall enter into This Regulation shall enter into
force on the 20th twentieth day force
on
the
twentieth
day force on the 20th twentieth day
following that of its publication in following that of its publication in following that of its publication in
the
Official
Journal
of
the the
Official
Journal
of
the the
Official
Journal
of
the
European Union.
European Union.
European Union.
It
shall
apply
to
asylum It shall apply to applications for It
shall
apply
to
asylum
applications
for international international protection lodged as applications for international
ANNEX
220
protection lodged as from the from the first day of the sixth protection lodged as from the
first day of the sixth month month following its entry into first day of the sixth month
following its entry into force and, force and, from that date, it
shall following its entry into force and,
from that date, it will apply to any apply to any request to take charge from that date, it will apply to any
request to take charge of or take of or take back asylum seekers, request to take charge of or take
back asylum seekers, irrespective irrespective of the date on which back asylum seekers, irrespective
of
the
date
on
which the the application was made. The of
the
date
on
which the
application
was
made.
The Member State responsible for the application
was
made.
The
Member State responsible for the examination of an application for Member State responsible for the
examination
of
an
asylum international protection submitted examination
of
an
asylum
application
for
international before
that
date
shall
be application
for
international
protection submitted before that determined in accordance with the protection submitted before that
date
shall
be
determined in criteria set out in Regulation (EC) date
shall
be
determined in
accordance with the criteria set out No 343/2003.
accordance with the criteria set out
in the Regulation (EC) No
in the Regulation (EC) No
343/2003 Dublin Convention.
343/2003 Dublin Convention.
This Regulation shall be binding in This Regulation shall be binding in This Regulation shall be binding in
its entirety and directly applicable its entirety and directly applicable its entirety and directly applicable
in
the
Member
States
in in
the
Member
States
in in
the
Member
States
in
conformity
with
the
Treaty conformity with the Treaty ║.
conformity
with
the
Treaty
establishing
the
European
establishing
the
European
Community.
Community.
Done at [...]
Done at ║
Done at [...]
For the European Parliament
For the European Parliament
For the European Parliament
The President
The President
The President
[…]
[…]
[…]
ANNEX
221
For the Council
For the Council
For the Council
The President
The President
The President
[…]
[…]
[…]
________________________
ANNEX
222