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29.6.2013 Official
Journal
of
the
European
Union L
180/31
REGULATION (EU) No 604/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 June 2013
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 EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) The
European
Council,
at
its
special
meeting
in
Tampere
EUROPEAN UNION,
on 15 and 16 October 1999, agreed to work towards
establishing the CEAS, based on the full and inclusive
application of the Geneva Convention Relating to the
Status of Refugees of 28 July 1951, as supplemented
Having regard to the Treaty on the Functioning of the European
by the New York Protocol of 31 January 1967 (‘the
Union, and in particular Article 78(2)(e) thereof,
Geneva Convention’), thus ensuring that nobody is sent
back to persecution, i.e. maintaining the principle of non-
refoulement. In this respect, and without the responsibility
criteria laid down in this Regulation being affected,
Member States, all respecting the principle of non-
Having regard to the proposal from the European Commission,
refoulement, are considered as safe countries for third-
country nationals.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) The
Tampere
conclusions
also
stated
that
the
CEAS
should include, in the short-term, a clear and workable
method for determining the Member State responsible
for the examination of an asylum application.
Having regard to the opinion of the Committee of the

Regions ( 2 ),
(5) Such
a
method
should
be
based
on
objective,
fair
criteria
Acting in accordance with the ordinary legislative procedure ( 3 ),
both for the Member States and for the persons
concerned. It should, in particular, make it possible to
determine rapidly the Member State responsible, so as to
guarantee effective access to the procedures for granting
Whereas:
international protection and not to compromise the

objective of the rapid processing of applications for inter
national protection.
(1) A
number
of
substantive
changes
are
to
be
made
to
Council Regulation (EC) No 343/2003 of 18 February
2003 establishing the criteria and mechanisms for deter
(6) The
first
phase
in
the
creation
of
a
CEAS
that
should
mining the Member State responsible for examining an
lead, in the longer term, to a common procedure and a
asylum application lodged in one of the Member States
uniform status, valid throughout the Union, for those
by a third-country national ( 4 ). In the interests of clarity,
granted international protection, has now been
that Regulation should be recast.
completed. The European Council of 4 November
2004 adopted The Hague Programme which set the
objectives to be implemented in the area of freedom,
security and justice in the period 2005-2010. In this
respect, The Hague Programme invited the European
(2) A
common
policy
on
asylum,
including
a
Common
European Asylum System (CEAS), is a constituent part
Commission to conclude the evaluation of the first-
of the European Union’s objective of progressively estab
phase legal instruments and to submit the second-phase
lishing an area of freedom, security and justice open to
instruments and measures to the European Parliament
those who, forced by circumstances, legitimately seek
and to the Council with a view to their adoption
protection in the Union.
before 2010.

( 1 ) OJ C 317, 23.12.2009, p. 115.
( 2 ) OJ C 79, 27.3.2010, p. 58.
( 3 ) Position of the European Parliament of 7 May 2009 (OJ C 212 E,
(7) In
the
Stockholm
Programme,
the
European
Council
5.8.2010, p. 370) and position of the Council at first reading of
reiterated its commitment to the objective of establishing
6 June 2013 (not yet published in the Official Journal). Position of
a common area of protection and solidarity in
the European Parliament of 10 June 2013 (not yet published in the
Official Journal).
accordance with Article 78 of the Treaty on the Func
( 4 ) OJ L 50, 25.2.2003, p. 1.
tioning of the European Union (TFEU), for those granted

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L 180/32
EN
Official Journal of the European Union
29.6.2013
international protection, by 2012 at the latest.
should apply to the procedure for the determination of
Furthermore it emphasised that the Dublin system
the Member State responsible as regulated under this
remains a cornerstone in building the CEAS, as it
Regulation, subject to the limitations in the application
clearly allocates responsibility among Member States for
of that Directive.
the examination of applications for international
protection.
(12) Directive
2013/32/EU
of
the
European
Parliament
and
of
the Council of 26 June 2013 on common procedures for
(8) The
resources
of
the
European
Asylum
Support
Office
granting and withdrawing international protection ( 4 )
(EASO), established by Regulation (EU) No 439/2010 of
should apply in addition and without prejudice to the
the European Parliament and of the Council ( 1 ), should
provisions concerning the procedural safeguards
be available to provide adequate support to the relevant
regulated under this Regulation, subject to the limitations
services of the Member States responsible for imple
in the application of that Directive.
menting this Regulation. In particular, EASO should
provide solidarity measures, such as the Asylum Inter
vention Pool with asylum support teams, to assist
those Member States which are faced with particular
pressure and where applicants for international
(13) In
accordance
with
the
1989
United
Nations
Convention
protection (‘applicants’) cannot benefit from adequate
on the Rights of the Child and with the Charter of
standards, in particular as regards reception and
Fundamental Rights of the European Union, the best
protection.
interests of the child should be a primary consideration

of Member States when applying this Regulation. In
assessing the best interests of the child, Member States
should, in particular, take due account of the minor’s
well-being and social development, safety and security
(9)
In the light of the results of the evaluations undertaken
considerations and the views of the minor in accordance
of the implementation of the first-phase instruments, it is
with his or her age and maturity, including his or her
appropriate, at this stage, to confirm the principles
background. In addition, specific procedural guarantees
underlying Regulation (EC) No 343/2003, while
for unaccompanied minors should be laid down on
making the necessary improvements, in the light of
account of their particular vulnerability.
experience, to the effectiveness of the Dublin system
and the protection granted to applicants under that
system. Given that a well-functioning Dublin system is
essential for the CEAS, its principles and functioning
should be reviewed as other components of the CEAS
(14) In
accordance
with
the
European
Convention
for
the
and Union solidarity tools are built up. A comprehensive
Protection of Human Rights and Fundamental Freedoms
‘fitness check’ should be foreseen by conducting an
and with the Charter of Fundamental Rights of the
evidence-based review covering the legal, economic and
European Union, respect for family life should be a
social effects of the Dublin system, including its effects
primary consideration of Member States when applying
on fundamental rights.
this Regulation.
(10) In
order
to
ensure
equal
treatment
for
all
applicants
and
(15) The
processing
together
of
the
applications
for
inter
beneficiaries of international protection, and consistency
national protection of the members of one family by a
with the current Union asylum acquis, in particular with
single Member State makes it possible to ensure that the
Directive 2011/95/EU of the European Parliament and of
applications are examined thoroughly, the decisions
the Council of 13 December 2011 on standards for the
taken in respect of them are consistent and the
qualification of third-country nationals or stateless
members of one family are not separated.
persons as beneficiaries of international protection, for
a uniform status for refugees or for persons eligible for
subsidiary protection, and for the content of the
protection granted ( 2 ), the scope of this Regulation
(16) In
order
to
ensure
full
respect
for
the
principle
of
family
encompasses applicants for subsidiary protection and
unity and for the best interests of the child, the existence
persons eligible for subsidiary protection.
of a relationship of dependency between an applicant
and his or her child, sibling or parent on account of
the applicant’s pregnancy or maternity, state of health
or old age, should become a binding responsibility
(11) Directive
2013/33/EU
of
the
European
Parliament
and
of
criterion. When the applicant is an unaccompanied
the Council of 26 June 2013 laying down standards for
minor, the presence of a family member or relative on
the reception of applicants for international protection (
the territory of another Member State who can take care

3 )
of him or her should also become a binding responsi
bility criterion.
( 1 ) OJ L 132, 29.5.2010, p. 11.
( 2 ) OJ L 337, 20.12.2011, p. 9.
( 3 ) See page 96 of this Official Journal.
( 4 ) See page 60 of this Official Journal.

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Union L
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(17) Any
Member
State
should
be
able
to
derogate
from
the
Fundamental Rights of the European Union, other inter
responsibility criteria, in particular on humanitarian and
national human rights and refugee rights.
compassionate grounds, in order to bring together family
members, relatives or any other family relations and
examine an application for international protection
lodged with it or with another Member State, even if
(22) A process for early warning, preparedness and
such examination is not its responsibility under the
management of asylum crises serving to prevent a
binding criteria laid down in this Regulation.
deterioration in, or the collapse of, asylum systems,
with EASO playing a key role using its powers under
Regulation (EU) No 439/2010, should be established in
order to ensure robust cooperation within the framework
of this Regulation and to develop mutual trust among
(18) A personal interview with the applicant should be
organised in order to facilitate the determination of the
Member States with respect to asylum policy. Such a
Member State responsible for examining an application
process should ensure that the Union is alerted as soon
for international protection. As soon as the application
as possible when there is a concern that the smooth
for international protection is lodged, the applicant
functioning of the system set up by this Regulation is
should be informed of the application of this Regulation
being jeopardised as a result of particular pressure on,
and of the possibility, during the interview, of providing
and/or deficiencies in, the asylum systems of one or
information regarding the presence of family members,
more Member States. Such a process would allow the
relatives or any other family relations in the Member
Union to promote preventive measures at an early
States, in order to facilitate the procedure for determining
stage and pay the appropriate political attention to
the Member State responsible.
such situations. Solidarity, which is a pivotal element in

the CEAS, goes hand in hand with mutual trust. By
enhancing such trust, the process for early warning,
preparedness and management of asylum crises could
improve the steering of concrete measures of genuine
(19) In
order
to
guarantee
effective
protection
of
the
rights
of
and practical solidarity towards Member States, in order
the persons concerned, legal safeguards and the right to
to assist the affected Member States in general and the
an effective remedy in respect of decisions regarding
applicants in particular. In accordance with Article 80
transfers to the Member State responsible should be
TFEU, Union acts should, whenever necessary, contain
established, in accordance, in particular, with Article 47
appropriate measures to give effect to the principle of
of the Charter of Fundamental Rights of the European
solidarity, and the process should be accompanied by
Union. In order to ensure that international law is
such measures. The conclusions on a Common
respected, an effective remedy against such decisions
Framework for genuine and practical solidarity towards
should cover both the examination of the application
Member States facing particular pressures on their asylum
of this Regulation and of the legal and factual situation
systems, including through mixed migration flows,
in the Member State to which the applicant is transferred.
adopted by the Council on 8 March 2012, provide for
a ‘tool box’ of existing and potential new measures,
which should be taken into account in the context of a
mechanism for early warning, preparedness and crisis
management.
(20) The detention of applicants should be applied in
accordance with the underlying principle that a person
should not be held in detention for the sole reason that
he or she is seeking international protection. Detention
(23) Member
States
should
collaborate
with
EASO
in
the
should be for as short a period as possible and subject to
gathering of information concerning their ability to
the principles of necessity and proportionality. In
manage particular pressure on their asylum and
particular, the detention of applicants must be in
reception systems, in particular within the framework
accordance with Article 31 of the Geneva Convention.
of the application of this Regulation. EASO should
The procedures provided for under this Regulation in
regularly report on the information gathered in
respect of a detained person should be applied as a
accordance with Regulation (EU) No 439/2010.
matter of priority, within the shortest possible deadlines.
As regards the general guarantees governing detention, as
well as detention conditions, where appropriate, Member
States should apply the provisions of Directive
2013/33/EU also to persons detained on the basis of
(24) In
accordance
with Commission Regulation (EC) No
1560/2003 (
this Regulation.

1 ), transfers to the Member State responsible

for examining an application for international protection
may be carried out on a voluntary basis, by supervised
departure or under escort. Member States should
promote voluntary transfers by providing adequate
(21) Deficiencies
in,
or
the
collapse
of,
asylum
systems,
often
information to the applicant and should ensure that
aggravated or contributed to by particular pressures on
supervised or escorted transfers are undertaken in a
them, can jeopardise the smooth functioning of the
humane manner, in full compliance with fundamental
system put in place under this Regulation, which could
rights and respect for human dignity, as well as the
lead to a risk of a violation of the rights of applicants as
set out in the Union asylum acquis and the Charter of
( 1 ) OJ L 222, 5.9.2003, p. 3.

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L 180/34
EN
Official Journal of the European Union
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best interests of the child and taking utmost account of
person and on requests for the comparisons with
developments in the relevant case law, in particular as
Eurodac data by Member States’ law enforcement auth
regards transfers on humanitarian grounds.
orities and Europol for law enforcement purposes ( 2 ).
(25) The
progressive
creation
of
an
area
without
internal
(30) The
operation
of
the
Eurodac
system,
as
established
by
frontiers in which free movement of persons is guar
Regulation (EU) No 603/2013, should facilitate the appli
anteed in accordance with the TFEU and the estab
cation of this Regulation.
lishment of Union policies regarding the conditions of
entry and stay of third-country nationals, including
common efforts towards the management of external
borders, makes it necessary to strike a balance between
(31) The
operation
of
the
Visa
Information
System,
as
estab
responsibility criteria in a spirit of solidarity.
lished by Regulation (EC) No 767/2008 of the European
Parliament and of the Council of 9 July 2008 concerning
the Visa Information System (VIS) and the exchange of
data between Member States on short-stay visas ( 3 ), and
in particular the implementation of Articles 21 and 22
(26) Directive
95/46/EC
of
the
European
Parliament
and
of
thereof, should facilitate the application of this Regu
the Council of 24 October 1995 on the protection of
lation.
individuals with regard to the processing of personal data
and on the free movement of such data ( 1 ) applies to the
processing of personal data by the Member States under
this Regulation.
(32) With
respect
to
the
treatment
of
persons
falling
within
the scope of this Regulation, Member States are bound
by their obligations under instruments of international
law, including the relevant case-law of the European
(27) The
exchange
of
an
applicant’s
personal
data,
including
Court of Human Rights.
sensitive data on his or her health, prior to a transfer,
will ensure that the competent asylum authorities are in a
position to provide applicants with adequate assistance
and to ensure continuity in the protection and rights
(33) In
order
to
ensure
uniform
conditions
for
the
implemen
afforded to them. Special provisions should be made to
tation of this Regulation, implementing powers should be
ensure the protection of data relating to applicants
conferred on the Commission. Those powers should be
involved in that situation, in accordance with Directive
exercised in accordance with Regulation (EU) No
95/46/EC.
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
(28) The
application
of
this
Regulation
can
be
facilitated,
and
exercise of implementing powers ( 4 ).
its effectiveness increased, by bilateral arrangements
between Member States for improving communication
between competent departments, reducing time limits
for procedures or simplifying the processing of requests
(34) The
examination procedure should be used for the
to take charge or take back, or establishing procedures
adoption of a common leaflet on Dublin/Eurodac, as
for the performance of transfers.
well as a specific leaflet for unaccompanied minors; of
a standard form for the exchange of relevant information
on unaccompanied minors; of uniform conditions for the
consultation and exchange of information on minors and
dependent persons; of uniform conditions on the prep
(29) Continuity between the system for determining the
aration and submission of take charge and take back
Member State responsible established by Regulation
requests; of two lists of relevant elements of proof and
(EC) No 343/2003 and the system established by this
circumstantial evidence, and the periodical revision
Regulation should be ensured. Similarly, consistency
thereof; of a laissez passer; of uniform conditions for the
should be ensured between this Regulation and Regu
consultation and exchange of information regarding
lation (EU) No 603/2013 of the European Parliament
transfers; of a standard form for the exchange of data
and of the Council of 26 June 2013 on the establishment
before a transfer; of a common health certificate; of
of ‘Eurodac’ for the comparison of fingerprints for the
uniform conditions and practical arrangements for the
effective application of Regulation (EU) No 604/2013
exchange of information on a person’s health data
establishing the criteria and mechanisms for determining
before a transfer, and of secure electronic transmission
the Member State responsible for examining an appli
channels for the transmission of requests.
cation for international protection lodged in one of the
Member States by a third-country national or a stateless
( 2 ) See page 1 of this Official Journal.
( 3 ) OJ L 218, 13.8.2008, p. 60.
( 1 ) OJ L 281, 23.11.1995, p. 31.
( 4 ) OJ L 55, 28.2.2011, p. 13.

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(35) In
order
to
provide
for
supplementary
rules,
the
power
to
(40) Since
the
objective
of
this
Regulation,
namely
the
estab
adopt acts in accordance with Article 290 TFEU should
lishment of criteria and mechanisms for determining the
be delegated to the Commission in respect of the identi
Member State responsible for examining an application
fication of family members, siblings or relatives of an
for international protection lodged in one of the Member
unaccompanied minor; the criteria for establishing the
States by a third-country national or a stateless person,
existence of proven family links; the criteria for
cannot be sufficiently achieved by the Member States and
assessing the capacity of a relative to take care of an
can therefore, by reason of the scale and effects of this
unaccompanied minor, including where family
Regulation, be better achieved at Union level, the Union
members, siblings or relatives of the unaccompanied
may adopt measures in accordance with the principle of
minor stay in more than one Member State; the
subsidiarity as set out in Article 5 of the Treaty on
elements for assessing a dependency link; the criteria
European Union (TEU). In accordance with the
for assessing the capacity of a person to take care of a
principle of proportionality, as set out in that Article,
dependent person and the elements to be taken into
this Regulation does not go beyond what is necessary
account in order to assess the inability to travel for a
in order to achieve that objective.
significant period of time. In exercising its powers to
adopt delegated acts, the Commission shall not exceed
the scope of the best interests of the child as provided for
under Article 6(3) of this Regulation. It is of particular
(41) In accordance with Article 3 and Article 4a(1) of
importance that the Commission carry out appropriate
Protocol No 21 on the position of the United
consultations during its preparatory work, including at
Kingdom and Ireland in respect of the Area of
expert level. The Commission, when preparing and
Freedom, Security and Justice, annexed to the TEU and
drawing up delegated acts, should ensure a simultaneous,
to the TFEU, those Member States have notified their
timely and appropriate transmission of relevant
wish to take part in the adoption and application of
documents to the European Parliament and to the
this Regulation.
Council.
(42) In accordance with Articles 1 and 2 of Protocol No 22
(36) In
the
application
of
this
Regulation,
including
the
prep
on the position of Denmark, annexed to the TEU and to
aration of delegated acts, the Commission should consult
the TFEU, Denmark is not taking part in the adoption of
experts from, among others, all relevant national auth
this Regulation and is not bound by it or subject to its
orities.
application,
(37) Detailed
rules
for
the
application
of
Regulation
(EC)
No
HAVE ADOPTED THIS REGULATION:
343/2003 have been laid down by Regulation (EC) No
1560/2003. Certain provisions of Regulation (EC) No
1560/2003 should be incorporated into this Regulation,
either for reasons of clarity or because they can serve a
CHAPTER I
general objective. In particular, it is important, both for
the Member States and the applicants concerned, that
SUBJECT MATTER AND DEFINITIONS
there should be a general mechanism for finding a
solution in cases where Member States differ over the
Article 1
application of a provision of this Regulation. It is
Subject matter
therefore justified to incorporate the mechanism
provided for in Regulation (EC) No 1560/2003 for the
This Regulation lays down the criteria and mechanisms for
settling of disputes on the humanitarian clause into this
determining the Member State responsible for examining an
Regulation and to extend its scope to the entirety of this
application for international protection lodged in one of the
Regulation.
Member States by a third-country national or a stateless
person (‘the Member State responsible’).
(38) The effective monitoring of the application of this Regu
lation requires that it be evaluated at regular intervals.
Article 2
Definitions
For the purposes of this Regulation:
(39) This
Regulation respects the fundamental rights and
observes the principles which are acknowledged, in
particular, in the Charter of Fundamental Rights of the
European Union. In particular, this Regulation seeks to
(a) ‘third-country national’ means any person who is not a
ensure full observance of the right to asylum guaranteed
citizen of the Union within the meaning of Article 20(1)
by Article 18 of the Charter as well as the rights
TFEU and who is not national of a State which participates
recognised under Articles 1, 4, 7, 24 and 47 thereof.
in this Regulation by virtue of an agreement with the
This Regulation should therefore be applied accordingly.
European Union;

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(b) ‘application for international protection’ means an appli
by the practice of the Member State where the bene
cation for international protection as defined in Article 2(h)
ficiary is present;
of Directive 2011/95/EU;
(h) ‘relative’ means the applicant’s adult aunt or uncle or
(c) ‘applicant’ means a third-country national or a stateless
grandparent who is present in the territory of a Member
person who has made an application for international
State, regardless of whether the applicant was born in or
protection in respect of which a final decision has not
out of wedlock or adopted as defined under national law;
yet been taken;
(d) ‘examination of an application for international protection’
(i) ‘minor’ means a third-country national or a stateless person
means any examination of, or decision or ruling
below the age of 18 years;
concerning, an application for international protection by
the competent authorities in accordance with Directive
2013/32/EU and Directive 2011/95/EU, except for
procedures for determining the Member State responsible
(j) ‘unaccompanied
minor’
means
a
minor
who
arrives
on
the
in accordance with this Regulation;
territory of the Member States unaccompanied by an adult
responsible for him or her, whether by law or by the
practice of the Member State concerned, and for as long
as he or she is not effectively taken into the care of such an
(e) ‘withdrawal of an application for international protection’
adult; it includes a minor who is left unaccompanied after
means the actions by which the applicant terminates the
he or she has entered the territory of Member States;
procedures initiated by the submission of his or her appli
cation for international protection, in accordance with
Directive 2013/32/EU, either explicitly or tacitly;
(k) ‘representative’ means a person or an organisation
appointed by the competent bodies in order to assist and
(f) ‘beneficiary of international protection’ means a third-
represent an unaccompanied minor in procedures provided
country national or a stateless person who has been
for in this Regulation with a view to ensuring the best
granted international protection as defined in Article 2(a)
interests of the child and exercising legal capacity for the
of Directive 2011/95/EU;
minor where necessary. Where an organisation is appointed
as a representative, it shall designate a person responsible
for carrying out its duties in respect of the minor, in
accordance with this Regulation;
(g) ‘family members’ means, insofar as the family already
existed in the country of origin, the following members
of the applicant’s family who are present on the territory
of the Member States:
(l) ‘residence
document’
means
any
authorisation
issued
by
the
authorities of a Member State authorising a third-country
national or a stateless person to stay on its territory,
— the spouse of the applicant or his or her unmarried
including the documents substantiating the authorisation
partner in a stable relationship, where the law or
to remain on the territory under temporary protection
practice of the Member State concerned treats
arrangements or until the circumstances preventing a
unmarried couples in a way comparable to married
removal order from being carried out no longer apply,
couples under its law relating to third-country
with the exception of visas and residence authorisations
nationals,
issued during the period required to determine the
Member State responsible as established in this Regulation
or during the examination of an application for inter
national protection or an application for a residence
— the minor children of couples referred to in the first
permit;
indent or of the applicant, on condition that they are
unmarried and regardless of whether they were born in
or out of wedlock or adopted as defined under national
law,
(m) ‘visa’ means the authorisation or decision of a Member
State required for transit or entry for an intended stay in
that Member State or in several Member States. The nature
— when the applicant is a minor and unmarried, the
of the visa shall be determined in accordance with the
father, mother or another adult responsible for the
following definitions:
applicant, whether by law or by the practice of the
Member State where the adult is present,
— ‘long-stay visa’ means an authorisation or decision
issued by one of the Member States in accordance
— when the beneficiary of international protection is a
with its national law or Union law required for entry
minor and unmarried, the father, mother or another
for an intended stay in that Member State of more than
adult responsible for him or her whether by law or
three months,

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— ‘short-stay visa’ means an authorisation or decision of a
Article 4
Member State with a view to transit through or an
intended stay on the territory of one or more or all
Right to information
the Member States of a duration of no more than three
1. As
soon
as
an
application
for
international
protection
is
months in any six-month period beginning on the date
lodged within the meaning of Article 20(2) in a Member State,
of first entry on the territory of the Member States,
its competent authorities shall inform the applicant of the appli
cation of this Regulation, and in particular of:
— ‘airport transit visa’ means a visa valid for transit
through the international transit areas of one or more
(a) the objectives of this Regulation and the consequences of
airports of the Member States;
making another application in a different Member State as
well as the consequences of moving from one Member State
to another during the phases in which the Member State
(n) ‘risk of absconding’ means the existence of reasons in an
responsible under this Regulation is being determined and
individual case, which are based on objective criteria
the application for international protection is being
defined by law, to believe that an applicant or a third-
examined;
country national or a stateless person who is subject to a
transfer procedure may abscond.
(b) the criteria for determining the Member State responsible,
the hierarchy of such criteria in the different steps of the
CHAPTER II
procedure and their duration, including the fact that an
application for international protection lodged in one
GENERAL PRINCIPLES AND SAFEGUARDS
Member State can result in that Member State becoming
Article 3
responsible under this Regulation even if such responsibility
is not based on those criteria;
Access to the procedure for examining an application for
international protection
1. Member States shall examine any application for inter
(c) the personal interview pursuant to Article 5 and the possi
national protection by a third-country national or a stateless
bility of submitting information regarding the presence of
person who applies on the territory of any one of them,
family members, relatives or any other family relations in
including at the border or in the transit zones. The application
the Member States, including the means by which the
shall be examined by a single Member State, which shall be the
applicant can submit such information;
one which the criteria set out in Chapter III indicate is respon
sible.
(d) the possibility to challenge a transfer decision and, where
applicable, to apply for a suspension of the transfer;
2. Where
no
Member
State
responsible
can
be
designated
on
the basis of the criteria listed in this Regulation, the first
Member State in which the application for international
(e) the fact that the competent authorities of Member States
protection was lodged shall be responsible for examining it.
can exchange data on him or her for the sole purpose of
implementing their obligations arising under this Regu
lation;
Where it is impossible to transfer an applicant to the Member
State primarily designated as responsible because there are
substantial grounds for believing that there are systemic flaws
(f) the right of access to data relating to him or her and the
in the asylum procedure and in the reception conditions for
right to request that such data be corrected if inaccurate or
applicants in that Member State, resulting in a risk of inhuman
be deleted if unlawfully processed, as well as the procedures
or degrading treatment within the meaning of Article 4 of the
for exercising those rights, including the contact details of
Charter of Fundamental Rights of the European Union, the
the authorities referred to in Article 35 and of the national
determining Member State shall continue to examine the
data protection authorities responsible for hearing claims
criteria set out in Chapter III in order to establish whether
concerning the protection of personal data.
another Member State can be designated as responsible.
2. The
information
referred
to
in
paragraph
1
shall
be
Where the transfer cannot be made pursuant to this paragraph
provided in writing in a language that the applicant understands
to any Member State designated on the basis of the criteria set
or is reasonably supposed to understand. Member States shall
out in Chapter III or to the first Member State with which the
use the common leaflet drawn up pursuant to paragraph 3 for
application was lodged, the determining Member State shall
that purpose.
become the Member State responsible.
Where necessary for the proper understanding of the applicant,
3. Any
Member
State
shall
retain
the
right
to
send
an the information shall also be supplied orally, for example in
applicant to a safe third country, subject to the rules and safe
connection with the personal interview as referred to in
guards laid down in Directive 2013/32/EU.
Article 5.

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3. The
Commission
shall,
by
means
of
implementing
acts, main information supplied by the applicant at the interview.
draw up a common leaflet, as well as a specific leaflet for
This summary may either take the form of a report or a
unaccompanied minors, containing at least the information
standard form. The Member State shall ensure that the
referred to in paragraph 1 of this Article. This common
applicant and/or the legal advisor or other counsellor who is
leaflet shall also include information regarding the application
representing the applicant have timely access to the summary.
of Regulation (EU) No 603/2013 and, in particular, the purpose
for which the data of an applicant may be processed within
Eurodac. The common leaflet shall be established in such a
Article 6
manner as to enable Member States to complete it with
additional Member State-specific information. Those imple
Guarantees for minors
menting acts shall be adopted in accordance with the exam
1. The
best
interests
of
the
child
shall
be
a
primary
ination procedure referred to in Article 44(2) of this Regulation.
consideration for Member States with respect to all procedures
provided for in this Regulation.
Article 5
2. Member
States
shall
ensure
that
a
representative
represents
Personal interview
and/or assists an unaccompanied minor with respect to all
1. In
order
to
facilitate
the
process
of
determining
the procedures provided for in this Regulation. The representative
Member State responsible, the determining Member State shall
shall have the qualifications and expertise to ensure that the best
conduct a personal interview with the applicant. The interview
interests of the minor are taken into consideration during the
shall also allow the proper understanding of the information
procedures carried out under this Regulation. Such represen
supplied to the applicant in accordance with Article 4.
tative shall have access to the content of the relevant
documents in the applicant’s file including the specific leaflet
for unaccompanied minors.
2. The
personal
interview
may
be
omitted
if:
This paragraph shall be without prejudice to the relevant
provisions in Article 25 of Directive 2013/32/EU.
(a) the applicant has absconded; or
3. In
assessing
the
best
interests
of
the
child,
Member
States
shall closely cooperate with each other and shall, in particular,
(b) after having received the information referred to in Article 4,
take due account of the following factors:
the applicant has already provided the information relevant
to determine the Member State responsible by other means.
The Member State omitting the interview shall give the
applicant the opportunity to present all further information
(a) family reunification possibilities;
which is relevant to correctly determine the Member State
responsible before a decision is taken to transfer the
applicant to the Member State responsible pursuant to
(b) the minor’s well-being and social development;
Article 26(1).
(c) safety and security considerations, in particular where there
is a risk of the minor being a victim of human trafficking;
3. The
personal
interview
shall
take
place
in
a
timely
manner
and, in any event, before any decision is taken to transfer the
applicant to the Member State responsible pursuant to
(d) the views of the minor, in accordance with his or her age
Article 26(1).
and maturity.
4. The
personal
interview
shall
be
conducted
in
a
language 4. For
the
purpose
of
applying
Article
8,
the
Member
State
that the applicant understands or is reasonably supposed to
where the unaccompanied minor lodged an application for
understand and in which he or she is able to communicate.
international protection shall, as soon as possible, take appro
Where necessary, Member States shall have recourse to an inter
priate action to identify the family members, siblings or relatives
preter who is able to ensure appropriate communication
of the unaccompanied minor on the territory of Member States,
between the applicant and the person conducting the personal
whilst protecting the best interests of the child.
interview.
To that end, that Member State may call for the assistance of
international or other relevant organisations, and may facilitate
5. The
personal
interview
shall
take
place
under
conditions the minor’s access to the tracing services of such organisations.
which ensure appropriate confidentiality. It shall be conducted
by a qualified person under national law.
The staff of the competent authorities referred to in Article 35
who deal with requests concerning unaccompanied minors shall
6. The
Member
State
conducting
the
personal
interview
shall have received, and shall continue to receive, appropriate training
make a written summary thereof which shall contain at least the
concerning the specific needs of minors.

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Union L
180/39
5. With
a
view
to
facilitating
the
appropriate
action
to the relative can take care of him or her, that Member State shall
identify the family members, siblings or relatives of the
unite the minor with his or her relative and shall be the
unaccompanied minor living in the territory of another
Member State responsible, provided that it is in the best
Member State pursuant to paragraph 4 of this Article, the
interests of the minor.
Commission shall adopt implementing acts including a
standard form for the exchange of relevant information
between Member States. Those implementing acts shall be
adopted in accordance with the examination procedure
3. Where
family
members,
siblings
or
relatives
as
referred
to
referred to in Article 44(2).
in paragraphs 1 and 2, stay in more than one Member State, the
Member State responsible shall be decided on the basis of what
is in the best interests of the unaccompanied minor.
CHAPTER III
CRITERIA FOR DETERMINING THE MEMBER STATE
4. In the absence of a family member, a sibling or a relative
RESPONSIBLE
as referred to in paragraphs 1 and 2, the Member State
responsible shall be that where the unaccompanied minor has
Article 7
lodged his or her application for international protection,
Hierarchy of criteria
provided that it is in the best interests of the minor.
1. The
criteria
for
determining
the
Member
State
responsible
shall be applied in the order in which they are set out in this
Chapter.
5. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 45 concerning the identification
of family members, siblings or relatives of the unaccompanied
minor; the criteria for establishing the existence of proven
2. The Member State responsible in accordance with the
family links; the criteria for assessing the capacity of a relative
criteria set out in this Chapter shall be determined on the
to take care of the unaccompanied minor, including where
basis of the situation obtaining when the applicant first
family members, siblings or relatives of the unaccompanied
lodged his or her application for international protection with
minor stay in more than one Member State. In exercising its
a Member State.
powers to adopt delegated acts, the Commission shall not
exceed the scope of the best interests of the child as provided
for under Article 6(3).
3. In view of the application of the criteria referred to in
Articles 8, 10 and 16, Member States shall take into
6. The
Commission
shall,
by
means
of
implementing
acts,
consideration any available evidence regarding the presence,
establish uniform conditions for the consultation and the
on the territory of a Member State, of family members,
exchange of information between Member States. Those imple
relatives or any other family relations of the applicant, on
menting acts shall be adopted in accordance with the exam
condition that such evidence is produced before another
ination procedure referred to in Article 44(2).
Member State accepts the request to take charge or take back
the person concerned, pursuant to Articles 22 and 25 respect
ively, and that the previous applications for international
protection of the applicant have not yet been the subject of a
Article 9
first decision regarding the substance.
Family members who are beneficiaries of international
protection
Where the applicant has a family member, regardless of whether
Article 8
the family was previously formed in the country of origin, who
Minors
has been allowed to reside as a beneficiary of international
protection in a Member State, that Member State shall be
1. Where the applicant is an unaccompanied minor, the
responsible for examining the application for international
Member State responsible shall be that where a family
protection, provided that the persons concerned expressed
member or a sibling of the unaccompanied minor is legally
their desire in writing.
present, provided that it is in the best interests of the minor.
Where the applicant is a married minor whose spouse is not
legally present on the territory of the Member States, the
Member State responsible shall be the Member State where
Article 10
the father, mother or other adult responsible for the minor,
Family members who are applicants for international
whether by law or by the practice of that Member State, or
protection
sibling is legally present.
If the applicant has a family member in a Member State whose
application for international protection in that Member State
has not yet been the subject of a first decision regarding the
2. Where the applicant is an unaccompanied minor who has
substance, that Member State shall be responsible for examining
a relative who is legally present in another Member State and
the application for international protection, provided that the
where it is established, based on an individual examination, that
persons concerned expressed their desire in writing.

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L 180/40
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Official Journal of the European Union
29.6.2013
Article 11
(c) where visas are of different kinds, the Member State which
issued the visa having the longest period of validity or,
Family procedure
where the periods of validity are identical, the Member
Where several family members and/or minor unmarried siblings
State which issued the visa having the latest expiry date.
submit applications for international protection in the same
Member State simultaneously, or on dates close enough for
the procedures for determining the Member State responsible
4. Where the applicant is in possession only of one or more
to be conducted together, and where the application of the
residence documents which have expired less than two years
criteria set out in this Regulation would lead to their being
previously or one or more visas which have expired less than
separated, the Member State responsible shall be determined
six months previously and which enabled him or her actually to
on the basis of the following provisions:
enter the territory of a Member State, paragraphs 1, 2 and 3
shall apply for such time as the applicant has not left the terri
tories of the Member States.
(a) responsibility for examining the applications for inter
national protection of all the family members and/or
minor unmarried siblings shall lie with the Member State
Where the applicant is in possession of one or more residence
which the criteria indicate is responsible for taking charge of
documents which have expired more than two years previously
the largest number of them;
or one or more visas which have expired more than six months
previously and enabled him or her actually to enter the territory
of a Member State and where he has not left the territories of
the Member States, the Member State in which the application
(b) failing this, responsibility shall lie with the Member State
for international protection is lodged shall be responsible.
which the criteria indicate is responsible for examining the
application of the oldest of them.
5. The
fact
that
the
residence
document
or
visa
was
issued
on the basis of a false or assumed identity or on submission of
Article 12
forged, counterfeit or invalid documents shall not prevent
Issue of residence documents or visas
responsibility being allocated to the Member State which
issued it. However, the Member State issuing the residence
1. Where the applicant is in possession of a valid residence
document or visa shall not be responsible if it can establish
document, the Member State which issued the document shall
that a fraud was committed after the document or visa had
be responsible for examining the application for international
been issued.
protection.
Article 13
2. Where
the
applicant
is
in
possession
of
a
valid
visa,
the
Entry and/or stay
Member State which issued the visa shall be responsible for
examining the application for international protection, unless
1. Where it is established, on the basis of proof or circum
the visa was issued on behalf of another Member State under
stantial evidence as described in the two lists mentioned in
a representation arrangement as provided for in Article 8 of
Article 22(3) of this Regulation, including the data referred to
Regulation (EC) No 810/2009 of the European Parliament and
in Regulation (EU) No 603/2013, that an applicant has
of the Council, of 13 July 2009, establishing a Community
irregularly crossed the border into a Member State by land,
Code on Visas ( 1 ). In such a case, the represented Member
sea or air having come from a third country, the Member
State shall be responsible for examining the application for
State thus entered shall be responsible for examining the appli
international protection.
cation for international protection. That responsibility shall
cease 12 months after the date on which the irregular border
crossing took place.
3. Where the applicant is in possession of more than one
valid residence document or visa issued by different Member
States, the responsibility for examining the application for inter
2. When
a
Member
State
cannot
or
can
no
longer
be
held
national protection shall be assumed by the Member States in
responsible in accordance with paragraph 1 of this Article and
the following order:
where it is established, on the basis of proof or circumstantial
evidence as described in the two lists mentioned in Article 22(3),
that the applicant — who has entered the territories of the
Member States irregularly or whose circumstances of entry
(a) the Member State which issued the residence document
cannot be established — has been living for a continuous
conferring the right to the longest period of residency or,
period of at least five months in a Member State before
where the periods of validity are identical, the Member State
lodging the application for international protection, that
which issued the residence document having the latest
Member State shall be responsible for examining the application
expiry date;
for international protection.
(b) the Member State which issued the visa having the latest
If the applicant has been living for periods of time of at least
expiry date where the various visas are of the same type;
five months in several Member States, the Member State where
he or she has been living most recently shall be responsible for
( 1 ) OJ L 243, 15.9.2009, p. 1.
examining the application for international protection.

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Article 14
3. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 45 concerning the elements to
Visa waived entry
be taken into account in order to assess the dependency link,
1. If a third-country national or a stateless person enters into
the criteria for establishing the existence of proven family links,
the territory of a Member State in which the need for him or
the criteria for assessing the capacity of the person concerned to
her to have a visa is waived, that Member State shall be
take care of the dependent person and the elements to be taken
responsible for examining his or her application for inter
into account in order to assess the inability to travel for a
national protection.
significant period of time.
2. The
principle
set
out
in
paragraph
1
shall
not
apply
if
the 4. The
Commission
shall,
by
means
of
implementing
acts,
third-country national or the stateless person lodges his or her
establish uniform conditions for the consultation and exchange
application for international protection in another Member State
of information between Member States. Those implementing
in which the need for him or her to have a visa for entry into
acts shall be adopted in accordance with the examination
the territory is also waived. In that case, that other Member
procedure referred to in Article 44(2).
State shall be responsible for examining the application for
international protection.
Article 17
Article 15
Discretionary clauses
Application in an international transit area of an airport
1. By way of derogation from Article 3(1), each Member
State may decide to examine an application for international
Where the application for international protection is made in
protection lodged with it by a third-country national or a
the international transit area of an airport of a Member State by
stateless person, even if such examination is not its responsi
a third-country national or a stateless person, that Member State
bility under the criteria laid down in this Regulation.
shall be responsible for examining the application.
The Member State which decides to examine an application for
CHAPTER IV
international protection pursuant to this paragraph shall
DEPENDENT PERSONS AND DISCRETIONARY CLAUSES
become the Member State responsible and shall assume the
obligations associated with that responsibility. Where applicable,
Article 16
it shall inform, using the ‘DubliNet’ electronic communication
network set up under Article 18 of Regulation (EC) No
Dependent persons
1560/2003, the Member State previously responsible, the
1. Where,
on
account
of
pregnancy,
a
new-born
child, Member State conducting a procedure for determining the
serious illness, severe disability or old age, an applicant is
Member State responsible or the Member State which has
dependent on the assistance of his or her child, sibling or
been requested to take charge of, or to take back, the applicant.
parent legally resident in one of the Member States, or his or
her child, sibling or parent legally resident in one of the
Member States is dependent on the assistance of the applicant,
Member States shall normally keep or bring together the
applicant with that child, sibling or parent, provided that
The Member State which becomes responsible pursuant to this
family ties existed in the country of origin, that the child,
paragraph shall forthwith indicate it in Eurodac in accordance
sibling or parent or the applicant is able to take care of the
with Regulation (EU) No 603/2013 by adding the date when
dependent person and that the persons concerned expressed
the decision to examine the application was taken.
their desire in writing.
2. The
Member
State
in
which
an
application
for
inter
2. Where
the
child,
sibling
or
parent
referred
to
in
paragraph national protection is made and which is carrying out the
1 is legally resident in a Member State other than the one where
process of determining the Member State responsible, or the
the applicant is present, the Member State responsible shall be
Member State responsible, may, at any time before a first
the one where the child, sibling or parent is legally resident
decision regarding the substance is taken, request another
unless the applicant’s health prevents him or her from travelling
Member State to take charge of an applicant in order to
to that Member State for a significant period of time. In such a
bring together any family relations, on humanitarian grounds
case, the Member State responsible shall be the one where the
based in particular on family or cultural considerations, even
applicant is present. Such Member State shall not be subject to
where that other Member State is not responsible under the
the obligation to bring the child, sibling or parent of the
criteria laid down in Articles 8 to 11 and 16. The persons
applicant to its territory.
concerned must express their consent in writing.

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The request to take charge shall contain all the material in the
completed or to lodge a new application for international
possession of the requesting Member State to allow the
protection, which shall not be treated as a subsequent appli
requested Member State to assess the situation.
cation as provided for in Directive 2013/32/EU. In such cases,
Member States shall ensure that the examination of the appli
cation is completed.
The requested Member State shall carry out any necessary
checks to examine the humanitarian grounds cited, and shall
reply to the requesting Member State within two months of
In the cases falling within the scope of paragraph 1(d), where
receipt of the request using the ‘DubliNet’ electronic communi
the application has been rejected at first instance only, the
cation network set up under Article 18 of Regulation (EC) No
Member State responsible shall ensure that the person
1560/2003. A reply refusing the request shall state the reasons
concerned has or has had the opportunity to seek an effective
on which the refusal is based.
remedy pursuant to Article 46 of Directive 2013/32/EU.
Where the requested Member State accepts the request, respon
sibility for examining the application shall be transferred to it.
Article 19
Cessation of responsibilities
CHAPTER V
1. Where a Member State issues a residence document to the
OBLIGATIONS OF THE MEMBER STATE RESPONSIBLE
applicant, the obligations specified in Article 18(1) shall be
transferred to that Member State.
Article 18
Obligations of the Member State responsible
2. The
obligations
specified
in
Article
18(1)
shall
cease
where
1. The
Member
State
responsible
under
this
Regulation
shall the Member State responsible can establish, when requested to
be obliged to:
take charge or take back an applicant or another person as
referred to in Article 18(1)(c) or (d), that the person
concerned has left the territory of the Member States for at
(a) take charge, under the conditions laid down in Articles 21,
least three months, unless the person concerned is in possession
22 and 29, of an applicant who has lodged an application
of a valid residence document issued by the Member State
in a different Member State;
responsible.
(b) take back, under the conditions laid down in Articles 23,
24, 25 and 29, an applicant whose application is under
An application lodged after the period of absence referred to in
examination and who made an application in another
the first subparagraph shall be regarded as a new application
Member State or who is on the territory of another
giving rise to a new procedure for determining the Member
Member State without a residence document;
State responsible.
(c) take back, under the conditions laid down in Articles 23,
3. The obligations specified in Article 18(1)(c) and (d) shall
24, 25 and 29, a third-country national or a stateless person
cease where the Member State responsible can establish, when
who has withdrawn the application under examination and
requested to take back an applicant or another person as
made an application in another Member State or who is on
referred to in Article 18(1)(c) or (d), that the person
the territory of another Member State without a residence
concerned has left the territory of the Member States in
document;
compliance with a return decision or removal order issued
following the withdrawal or rejection of the application.
(d) take back, under the conditions laid down in Articles 23,
24, 25 and 29, a third-country national or a stateless person
whose application has been rejected and who made an
An application lodged after an effective removal has taken place
application in another Member State or who is on the
shall be regarded as a new application giving rise to a new
territory of another Member State without a residence
procedure for determining the Member State responsible.
document.
CHAPTER VI
2. In the cases falling within the scope of paragraph 1(a) and
(b), the Member State responsible shall examine or complete the
PROCEDURES FOR TAKING CHARGE AND TAKING BACK
examination of the application for international protection
SECTION I
made by the applicant.
Start of the procedure
In the cases falling within the scope of paragraph 1(c), when the
Article 20
Member State responsible had discontinued the examination of
Start of the procedure
an application following its withdrawal by the applicant before
a decision on the substance has been taken at first instance, that
1. The
process
of
determining
the
Member
State
responsible
Member State shall ensure that the applicant is entitled to
shall start as soon as an application for international protection
request that the examination of his or her application be
is first lodged with a Member State.

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2. An
application
for
international
protection
shall
be
SECTION II
deemed to have been lodged once a form submitted by the
applicant or a report prepared by the authorities has reached
Procedures for take charge requests
the competent authorities of the Member State concerned.
Article 21
Where an application is not made in writing, the time
elapsing between the statement of intention and the preparation
Submitting a take charge request
of a report should be as short as possible.
1. Where
a
Member
State
with
which
an
application
for
international protection has been lodged considers that
another Member State is responsible for examining the appli
3. For the purposes of this Regulation, the situation of a
cation, it may, as quickly as possible and in any event within
minor who is accompanying the applicant and meets the defi
three months of the date on which the application was lodged
nition of family member shall be indissociable from that of his
within the meaning of Article 20(2), request that other Member
or her family member and shall be a matter for the Member
State to take charge of the applicant.
State responsible for examining the application for international
protection of that family member, even if the minor is not
Notwithstanding the first subparagraph, in the case of a Eurodac
individually an applicant, provided that it is in the minor’s
hit with data recorded pursuant to Article 14 of Regulation (EU)
best interests. The same treatment shall be applied to children
No 603/2013, the request shall be sent within two months of
born after the applicant arrives on the territory of the Member
receiving that hit pursuant to Article 15(2) of that Regulation.
States, without the need to initiate a new procedure for taking
charge of them.
Where the request to take charge of an applicant is not made
within the periods laid down in the first and second subpara
graphs, responsibility for examining the application for inter
4. Where
an
application
for
international
protection
is national protection shall lie with the Member State in which the
lodged with the competent authorities of a Member State by
application was lodged.
an applicant who is on the territory of another Member State,
the determination of the Member State responsible shall be
made by the Member State in whose territory the applicant is
2. The
requesting
Member
State
may
ask
for
an
urgent
reply
present. The latter Member State shall be informed without
in cases where the application for international protection was
delay by the Member State which received the application and
lodged after leave to enter or remain was refused, after an arrest
shall then, for the purposes of this Regulation, be regarded as
for an unlawful stay or after the service or execution of a
the Member State with which the application for international
removal order.
protection was lodged.
The request shall state the reasons warranting an urgent reply
and the period within which a reply is expected. That period
The applicant shall be informed in writing of this change in the
shall be at least one week.
determining Member State and of the date on which it took
place.
3. In the cases referred to in paragraphs 1 and 2, the request
that charge be taken by another Member State shall be made
using a standard form and including proof or circumstantial
5. An
applicant
who
is
present
in
another
Member
State evidence as described in the two lists mentioned in Article 22(3)
without a residence document or who there lodges an appli
and/or relevant elements from the applicant’s statement,
cation for international protection after withdrawing his or her
enabling the authorities of the requested Member State to
first application made in a different Member State during the
check whether it is responsible on the basis of the criteria
process of determining the Member State responsible shall be
laid down in this Regulation.
taken back, under the conditions laid down in Articles 23, 24,
25 and 29, by the Member State with which that application for
international protection was first lodged, with a view to
The Commission shall, by means of implementing acts, adopt
completing the process of determining the Member State
uniform conditions on the preparation and submission of take
responsible.
charge requests. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 44(2).
That obligation shall cease where the Member State requested to
complete the process of determining the Member State
Article 22
responsible can establish that the applicant has in the
Replying to a take charge request
meantime left the territory of the Member States for a period
of at least three months or has obtained a residence document
1. The
requested
Member
State
shall
make
the
necessary
from another Member State.
checks, and shall give a decision on the request to take
charge of an applicant within two months of receipt of the
request.
An application lodged after the period of absence referred to in
the second subparagraph shall be regarded as a new application
2. In the procedure for determining the Member State
giving rise to a new procedure for determining the Member
responsible elements of proof and circumstantial evidence
State responsible.
shall be used.

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3. The
Commission
shall,
by
means
of
implementing
acts, international protection considers that another Member State is
establish, and review periodically, two lists, indicating the
responsible in accordance with Article 20(5) and Article 18(1)(b),
relevant elements of proof and circumstantial evidence in
(c) or (d), it may request that other Member State to take back
accordance with the criteria set out in points (a) and (b) of
that person.
this paragraph. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 44(2).
2. A take back request shall be made as quickly as possible
(a) Proof:
and in any event within two months of receiving the Eurodac
hit, pursuant to Article 9(5) of Regulation (EU) No 603/2013.
(i) this refers to formal proof which determines responsi
bility pursuant to this Regulation, as long as it is not
refuted by proof to the contrary;
If the take back request is based on evidence other than data
(ii) the Member States shall provide the Committee
obtained from the Eurodac system, it shall be sent to the
provided for in Article 44 with models of the
requested Member State within three months of the date on
different types of administrative documents, in
which the application for international protection was lodged
accordance with the typology established in the list of
within the meaning of Article 20(2).
formal proofs;
(b) Circumstantial evidence:
3. Where
the
take
back
request
is
not
made
within
the
(i) this refers to indicative elements which while being
periods laid down in paragraph 2, responsibility for
refutable may be sufficient, in certain cases, according
examining the application for international protection shall lie
to the evidentiary value attributed to them;
with the Member State in which the new application was
lodged.
(ii) their evidentiary value, in relation to the responsibility
for examining the application for international
protection shall be assessed on a case-by-case basis.
4. A
take
back
request
shall
be
made
using
a
standard
form
4. The
requirement
of
proof
should
not
exceed
what
is and shall include proof or circumstantial evidence as described
necessary for the proper application of this Regulation.
in the two lists mentioned in Article 22(3) and/or relevant
elements from the statements of the person concerned,
5. If
there
is
no
formal
proof,
the
requested
Member
State enabling the authorities of the requested Member State to
shall acknowledge its responsibility if the circumstantial
check whether it is responsible on the basis of the criteria
evidence is coherent, verifiable and sufficiently detailed to
laid down in this Regulation.
establish responsibility.
6. Where the requesting Member State has pleaded urgency
in accordance with the provisions of Article 21(2), the requested
The Commission shall, by means of implementing acts, adopt
Member State shall make every effort to comply with the time
uniform conditions for the preparation and submission of take
limit requested. In exceptional cases, where it can be demon
back requests. Those implementing acts shall be adopted in
strated that the examination of a request for taking charge of an
accordance with the examination procedure referred to in
applicant is particularly complex, the requested Member State
Article 44(2).
may give its reply after the time limit requested, but in any
event within one month. In such situations the requested
Member State must communicate its decision to postpone a
reply to the requesting Member State within the time limit
Article 24
originally requested.
Submitting a take back request when no new application
7. Failure to act within the two-month period mentioned in
has been lodged in the requesting Member State
paragraph 1 and the one-month period mentioned in paragraph
1. Where a Member State on whose territory a person as
6 shall be tantamount to accepting the request, and entail the
referred to in Article 18(1)(b), (c) or (d) is staying without a
obligation to take charge of the person, including the obligation
residence document and with which no new application for
to provide for proper arrangements for arrival.
international protection has been lodged considers that
another Member State is responsible in accordance with
SECTION III
Article 20(5) and Article 18(1)(b), (c) or (d), it may request
Procedures for take back requests
that other Member State to take back that person.
Article 23
Submitting a take back request when a new application has
been lodged in the requesting Member State
2. By way of derogation from Article 6(2) of Directive
2008/115/EC of the European Parliament and of the Council
1. Where a Member State with which a person as referred to
of 16 December 2008 on common standards and procedures in
in Article 18(1)(b), (c) or (d) has lodged a new application for
Member States for returning illegally staying third-country

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nationals ( 1 ), where a Member State on whose territory a person
received. When the request is based on data obtained from the
is staying without a residence document decides to search the
Eurodac system, that time limit shall be reduced to two weeks.
Eurodac system in accordance with Article 17 of Regulation
(EU) No 603/2013, the request to take back a person as
referred to in Article 18(1)(b) or (c) of this Regulation, or a
2. Failure to act within the one month period or the two
person as referred to in its Article 18(1)(d) whose application
weeks period mentioned in paragraph 1 shall be tantamount to
for international protection has not been rejected by a final
accepting the request, and shall entail the obligation to take
decision, shall be made as quickly as possible and in any
back the person concerned, including the obligation to
event within two months of receipt of the Eurodac hit,
provide for proper arrangements for arrival.
pursuant to Article 17(5) of Regulation (EU) No 603/2013.
SECTION IV
If the take back request is based on evidence other than data
obtained from the Eurodac system, it shall be sent to the
Procedural safeguards
requested Member State within three months of the date on
Article 26
which the requesting Member State becomes aware that
another Member State may be responsible for the person
Notification of a transfer decision
concerned.
1. Where
the
requested
Member
State
accepts
to
take
charge
of or to take back an applicant or other person as referred to in
3. Where
the
take
back
request
is
not
made
within
the Article 18(1)(c) or (d), the requesting Member State shall notify
periods laid down in paragraph 2, the Member State on
the person concerned of the decision to transfer him or her to
whose territory the person concerned is staying without a
the Member State responsible and, where applicable, of not
residence document shall give that person the opportunity to
examining his or her application for international protection.
lodge a new application.
If a legal advisor or other counsellor is representing the person
concerned, Member States may choose to notify the decision to
4. Where a person as referred to in Article 18(1)(d) of this
such legal advisor or counsellor instead of to the person
Regulation whose application for international protection has
concerned and, where applicable, communicate the decision
been rejected by a final decision in one Member State is on
to the person concerned.
the territory of another Member State without a residence
document, the latter Member State may either request the
former Member State to take back the person concerned or
2. The
decision
referred
to
in
paragraph
1
shall
contain
carry out a return procedure in accordance with Directive
information on the legal remedies available, including on the
2008/115/EC.
right to apply for suspensive effect, where applicable, and on
the time limits applicable for seeking such remedies and for
carrying out the transfer, and shall, if necessary, contain
When the latter Member State decides to request the former
information on the place where, and the date on which, the
Member State to take back the person concerned, the rules laid
person concerned should appear, if that person is travelling to
down in Directive 2008/115/EC shall not apply.
the Member State responsible by his or her own means.
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
Member States shall ensure that information on persons or
and shall include proof or circumstantial evidence as described
entities that may provide legal assistance to the person
in the two lists mentioned in Article 22(3) and/or relevant
concerned is communicated to the person concerned together
elements from the person’s statements, enabling the authorities
with the decision referred to in paragraph 1, when that
of the requested Member State to check whether it is
information has not been already communicated.
responsible on the basis of the criteria laid down in this Regu
lation.
3. When the person concerned is not assisted or represented
by a legal advisor or other counsellor, Member States shall
The Commission shall, by means of implementing acts,
inform him or her of the main elements of the decision,
establish and review periodically two lists indicating the
which shall always include information on the legal remedies
relevant elements of proof and circumstantial evidence in
available and the time limits applicable for seeking such
accordance with the criteria set out in Article 22(3)(a) and (b),
remedies, in a language that the person concerned understands
and shall adopt uniform conditions for the preparation and
or is reasonably supposed to understand.
submission of take back requests. Those implementing acts
shall be adopted in accordance with the examination
procedure referred to in Article 44(2).
Article 27
Remedies
Article 25
1. The
applicant
or
another
person
as
referred
to
in
Replying to a take back request
Article 18(1)(c) or (d) shall have the right to an effective
1. The
requested
Member
State
shall
make
the
necessary remedy, in the form of an appeal or a review, in fact and in
checks and shall give a decision on the request to take back
law, against a transfer decision, before a court or tribunal.
the person concerned as quickly as possible and in any event no
later than one month from the date on which the request was
2. Member
States
shall
provide
for
a
reasonable
period
of
time within which the person concerned may exercise his or
( 1 ) OJ L 348, 24.12.2008, p. 98.
her right to an effective remedy pursuant to paragraph 1.

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3. For
the
purposes
of
appeals
against,
or
reviews
of,
transfer representation is not arbitrarily restricted and that the appli
decisions, Member States shall provide in their national law that:
cant’s effective access to justice is not hindered.
(a) the appeal or review confers upon the person concerned the
right to remain in the Member State concerned pending the
Legal assistance shall include at least the preparation of the
outcome of the appeal or review; or
required procedural documents and representation before a
court or tribunal and may be restricted to legal advisors or
counsellors specifically designated by national law to provide
(b) the transfer is automatically suspended and such suspension
assistance and representation.
lapses after a certain reasonable period of time, during
which a court or a tribunal, after a close and rigorous
scrutiny, shall have taken a decision whether to grant
suspensive effect to an appeal or review; or
Procedures for access to legal assistance shall be laid down in
national law.
(c) the person concerned has the opportunity to request within
a reasonable period of time a court or tribunal to suspend
the implementation of the transfer decision pending the
SECTION V
outcome of his or her appeal or review. Member States
Detention for the purpose of transfer
shall ensure that an effective remedy is in place by
suspending the transfer until the decision on the first
Article 28
suspension request is taken. Any decision on whether to
Detention
suspend the implementation of the transfer decision shall
be taken within a reasonable period of time, while
1. Member
States
shall
not
hold
a
person
in
detention
for
permitting a close and rigorous scrutiny of the suspension
the sole reason that he or she is subject to the procedure
request. A decision not to suspend the implementation of
established by this Regulation.
the transfer decision shall state the reasons on which it is
based.
2. When
there
is
a
significant
risk
of
absconding,
Member
4. Member
States
may
provide
that
the
competent
authorities States may detain the person concerned in order to secure
may decide, acting ex officio, to suspend the implementation of
transfer procedures in accordance with this Regulation, on the
the transfer decision pending the outcome of the appeal or
basis of an individual assessment and only in so far as detention
review.
is proportional and other less coercive alternative measures
cannot be applied effectively.
5. Member
States
shall
ensure
that
the
person
concerned
has
access to legal assistance and, where necessary, to linguistic
assistance.
3. Detention
shall
be
for
as
short
a
period
as
possible
and
shall be for no longer than the time reasonably necessary to
fulfil the required administrative procedures with due diligence
until the transfer under this Regulation is carried out.
6. Member States shall ensure that legal assistance is granted
on request free of charge where the person concerned cannot
afford the costs involved. Member States may provide that, as
regards fees and other costs, the treatment of applicants shall
Where a person is detained pursuant to this Article, the period
not be more favourable than the treatment generally accorded
for submitting a take charge or take back request shall not
to their nationals in matters pertaining to legal assistance.
exceed one month from the lodging of the application. The
Member State carrying out the procedure in accordance with
this Regulation shall ask for an urgent reply in such cases. Such
Without arbitrarily restricting access to legal assistance, Member
reply shall be given within two weeks of receipt of the request.
States may provide that free legal assistance and representation
Failure to reply within the two-week period shall be tantamount
not be granted where the appeal or review is considered by the
to accepting the request and shall entail the obligation to take
competent authority or a court or tribunal to have no tangible
charge or take back the person, including the obligation to
prospect of success.
provide for proper arrangements for arrival.
Where a decision not to grant free legal assistance and repre
sentation pursuant to this paragraph is taken by an authority
Where a person is detained pursuant to this Article, the transfer
other than a court or tribunal, Member States shall provide the
of that person from the requesting Member State to the
right to an effective remedy before a court or tribunal to
Member State responsible shall be carried out as soon as prac
challenge that decision.
tically possible, and at the latest within six weeks of the implicit
or explicit acceptance of the request by another Member State
to take charge or to take back the person concerned or of the
In complying with the requirements set out in this paragraph,
moment when the appeal or review no longer has a suspensive
Member States shall ensure that legal assistance and
effect in accordance with Article 27(3).

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When the requesting Member State fails to comply with the
3. If a person has been transferred erroneously or a decision
deadlines for submitting a take charge or take back request or
to transfer is overturned on appeal or review after the transfer
where the transfer does not take place within the period of six
has been carried out, the Member State which carried out the
weeks referred to in the third subparagraph, the person shall no
transfer shall promptly accept that person back.
longer be detained. Articles 21, 23, 24 and 29 shall continue to
apply accordingly.
4. The
Commission
shall,
by
means
of
implementing
acts,
4. As regards the detention conditions and the guarantees
establish uniform conditions for the consultation and exchange
applicable to persons detained, in order to secure the transfer
of information between Member States, in particular in the
procedures to the Member State responsible, Articles 9, 10 and
event of postponed or delayed transfers, transfers following
11 of Directive 2013/33/EU shall apply.
acceptance by default, transfers of minors or dependent
persons, and supervised transfers. Those implementing acts
shall be adopted in accordance with the examination
procedure referred to in Article 44(2).
SECTION VI
Transfers
Article 29
Article 30
Modalities and time limits
Costs of transfer
1. The
transfer
of
the
applicant
or
of
another
person
as 1. The
costs
necessary
to
transfer
an
applicant
or
another
referred to in Article 18(1)(c) or (d) from the requesting
person as referred to in Article 18(1)(c) or (d) to the Member
Member State to the Member State responsible shall be
State responsible shall be met by the transferring Member State.
carried out in accordance with the national law of the
requesting Member State, after consultation between the
Member States concerned, as soon as practically possible, and
at the latest within six months of acceptance of the request by
another Member State to take charge or to take back the person
2. Where
the
person
concerned
has
to
be
transferred
back
to
concerned or of the final decision on an appeal or review where
a Member State as a result of an erroneous transfer or of a
there is a suspensive effect in accordance with Article 27(3).
transfer decision that has been overturned on appeal or review
after the transfer has been carried out, the Member State which
initially carried out the transfer shall be responsible for the costs
of transferring the person concerned back to its territory.
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.
3. Persons to be transferred pursuant to this Regulation shall
not be required to meet the costs of such transfers.
If necessary, the applicant shall be supplied by the requesting
Member State with a laissez passer. The Commission shall, by
means of implementing acts, establish the design of the laissez
passer. Those implementing acts shall be adopted in accordance
Article 31
with the examination procedure referred to in Article 44(2).
Exchange of relevant information before a transfer is
carried out
1. The
Member
State
carrying
out
the
transfer
of
an
The Member State responsible shall inform the requesting
applicant or of another person as referred to in Article 18(1)(c)
Member State, as appropriate, of the safe arrival of the person
or (d) shall communicate to the Member State responsible such
concerned or of the fact that he or she did not appear within
personal data concerning the person to be transferred as is
the set time limit.
appropriate, relevant and non-excessive for the sole purposes
of ensuring that the competent authorities, in accordance with
national law in the Member State responsible, are in a position
to provide that person with adequate assistance, including the
2. Where
the
transfer
does
not
take
place
within
the
six provision of immediate health care required in order to protect
months’ time limit, the Member State responsible shall be
his or her vital interests, and to ensure continuity in the
relieved of its obligations to take charge or to take back the
protection and rights afforded by this Regulation and by
person concerned and responsibility shall then be transferred to
other relevant asylum legal instruments. Those data shall be
the requesting Member State. This time limit may be extended
communicated to the Member State responsible within a
up to a maximum of one year if the transfer could not be
reasonable period of time before a transfer is carried out, in
carried out due to imprisonment of the person concerned or
order to ensure that its competent authorities in accordance
up to a maximum of eighteen months if the person concerned
with national law have sufficient time to take the necessary
absconds.
measures.

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2. The
transferring
Member
State
shall,
in
so
far
as
such 2. The
transferring
Member
State
shall
only
transmit
the
information is available to the competent authority in
information referred to in paragraph 1 to the Member State
accordance with national law, transmit to the Member State
responsible after having obtained the explicit consent of the
responsible any information that is essential in order to
applicant and/or of his or her representative or, if the
safeguard the rights and immediate special needs of the
applicant is physically or legally incapable of giving his or her
person to be transferred, and in particular:
consent, when such transmission is necessary to protect the
vital interests of the applicant or of another person. The lack
(a) any immediate measures which the Member State
of consent, including a refusal to consent, shall not constitute
responsible is required to take in order to ensure that the
an obstacle to the transfer.
special needs of the person to be transferred are adequately
addressed, including any immediate health care that may be
required;
3. The
processing
of
personal
health
data
referred
to
in
paragraph 1 shall only be carried out by a health professional
who is subject, under national law or rules established by
(b) contact details of family members, relatives or any other
national competent bodies, to the obligation of professional
family relations in the receiving Member State, where appli
secrecy or by another person subject to an equivalent obligation
cable;
of professional secrecy.
(c) in the case of minors, information on their education;
4. The
exchange
of
information
under
this
Article
shall
only
take place between the health professionals or other persons
(d) an assessment of the age of an applicant.
referred to in paragraph 3. The information exchanged shall
only be used for the purposes set out in paragraph 1 and
3. The
exchange
of
information
under
this
Article
shall
only shall not be further processed.
take place between the authorities notified to the Commission
in accordance with Article 35 of this Regulation using the
‘DubliNet’ electronic communication network set-up under
5. The
Commission
shall,
by
means
of
implementing
acts,
Article 18 of Regulation (EC) No 1560/2003. The information
adopt uniform conditions and practical arrangements for
exchanged shall only be used for the purposes set out in
exchanging the information referred to in paragraph 1 of this
paragraph 1 of this Article and shall not be further processed.
Article. Those implementing acts shall be adopted in accordance
with the examination procedure laid down in Article 44(2).
4. With
a
view
to
facilitating
the
exchange
of
information
between Member States, the Commission shall, by means of
implementing acts, draw up a standard form for the transfer
6. The
rules
laid
down
in
Article
34(8)
to
(12)
shall
apply
to
of the data required pursuant to this Article. Those imple
the exchange of information pursuant to this Article.
menting acts shall be adopted in accordance with the exam
ination procedure laid down in Article 44(2).
Article 33
5. The rules laid down in Article 34(8) to (12) shall apply to
A mechanism for early warning, preparedness and crisis
the exchange of information pursuant to this Article.
management
1. Where, on the basis of, in particular, the information
Article 32
gathered by EASO pursuant to Regulation (EU) No 439/2010,
Exchange of health data before a transfer is carried out
the Commission establishes that the application of this Regu
lation may be jeopardised due either to a substantiated risk of
1. For the sole purpose of the provision of medical care or
particular pressure being placed on a Member State’s asylum
treatment, in particular concerning disabled persons, elderly
system and/or to problems in the functioning of the asylum
people, pregnant women, minors and persons who have been
system of a Member State, it shall, in cooperation with EASO,
subject to torture, rape or other serious forms of psychological,
make recommendations to that Member State, inviting it to
physical and sexual violence, the transferring Member State
draw up a preventive action plan.
shall, in so far as it is available to the competent authority in
accordance with national law, transmit to the Member State
responsible information on any special needs of the person to
The Member State concerned shall inform the Council and the
be transferred, which in specific cases may include information
Commission whether it intends to present a preventive action
on that person’s physical or mental health. That information
plan in order to overcome the pressure and/or problems in the
shall be transferred in a common health certificate with the
functioning of its asylum system whilst ensuring the protection
necessary documents attached. The Member State responsible
of the fundamental rights of applicants for international
shall ensure that those special needs are adequately addressed,
protection.
including in particular any essential medical care that may be
required.
A Member State may, at its own discretion and initiative, draw
The Commission shall, by means of implementing acts, draw up
up a preventive action plan and subsequent revisions thereof.
the common health certificate. Those implementing acts shall be
When drawing up a preventive action plan, the Member State
adopted in accordance with the examination procedure laid
may call for the assistance of the Commission, other Member
down in Article 44(2).
States, EASO and other relevant Union agencies.

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2. Where
a
preventive
action
plan
is
drawn
up,
the
Member 4. Throughout the entire process for early warning,
State concerned shall submit it and shall regularly report on its
preparedness and crisis management established in this
implementation to the Council and to the Commission. The
Article, the Council shall closely monitor the situation and
Commission shall subsequently inform the European Parliament
may request further information and provide political
of the key elements of the preventive action plan. The
guidance, in particular as regards the urgency and severity of
Commission shall submit reports on its implementation to
the situation and thus the need for a Member State to draw up
the Council and transmit reports on its implementation to the
either a preventive action plan or, if necessary, a crisis
European Parliament.
management action plan. The European Parliament and the
Council may, throughout the entire process, discuss and
provide guidance on any solidarity measures as they deem
appropriate.
The Member State concerned shall take all appropriate measures
to deal with the situation of particular pressure on its asylum
system or to ensure that the deficiencies identified are addressed
before the situation deteriorates. Where the preventive action
CHAPTER VII
plan includes measures aimed at addressing particular pressure
ADMINISTRATIVE COOPERATION
on a Member State’s asylum system which may jeopardise the
application of this Regulation, the Commission shall seek the
Article 34
advice of EASO before reporting to the European Parliament
Information sharing
and to the Council.
1. Each
Member
State
shall
communicate
to
any
Member
State that so requests such personal data concerning the
applicant as is appropriate, relevant and non-excessive for:
3. 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 the
(a) determining the Member State responsible;
Member State concerned develops into a crisis which is unlikely
to be remedied by a preventive action plan, the Commission, in
cooperation with EASO as applicable, may request the Member
State concerned to draw up a crisis management action plan
and, where necessary, revisions thereof. The crisis management
(b) examining the application for international protection;
action plan shall ensure, throughout the entire process,
compliance with the asylum acquis of the Union, in particular
with the fundamental rights of applicants for international
protection.
(c) implementing any obligation arising under this Regulation.
Following the request to draw up a crisis management action
2. The
information
referred
to
in
paragraph
1
may
only
plan, the Member State concerned shall, in cooperation with the
cover:
Commission and EASO, do so promptly, and at the latest
within three months of the request.
(a) personal details of the applicant, and, where appropriate, his
or her family members, relatives or any other family
The Member State concerned shall submit its crisis management
relations (full name and where appropriate, former name;
action plan and shall report, at least every three months, on its
nicknames or pseudonyms; nationality, present and former;
implementation to the Commission and other relevant stake
date and place of birth);
holders, such as EASO, as appropriate.
(b) identity and travel papers (references, validity, date of issue,
issuing authority, place of issue, etc.);
The Commission shall inform the European Parliament and the
Council of the crisis management action plan, possible revisions
and the implementation thereof. In those reports, the Member
State concerned shall report on data to monitor compliance
with the crisis management action plan, such as the length of
(c) other information necessary for establishing the identity of
the procedure, the detention conditions and the reception
the applicant, including fingerprints processed in accordance
capacity in relation to the inflow of applicants.
with Regulation (EU) No 603/2013;

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(d) places of residence and routes travelled;
6. The
exchange
of
information
shall
be
effected
at
the
request of a Member State and may only take place between
authorities whose designation by each Member State has been
communicated to the Commission in accordance with
(e) residence documents or visas issued by a Member State;
Article 35(1).
(f) the place where the application was lodged;
7. The
information
exchanged
may
only
be
used
for
the
purposes set out in paragraph 1. In each Member State such
information may, depending on its type and the powers of the
recipient authority, only be communicated to the authorities
(g) the date on which any previous application for international
and courts and tribunals entrusted with:
protection was lodged, the date on which the present appli
cation was lodged, the stage reached in the proceedings and
the decision taken, if any.
(a) determining the Member State responsible;
3. Furthermore, provided it is necessary for the examination
(b) examining the application for international protection;
of the application for international protection, the Member State
responsible may request another Member State to let it know
on what grounds the applicant bases his or her application and,
where applicable, the grounds for any decisions taken
(c) implementing any obligation arising under this Regulation.
concerning the applicant. The other Member State may refuse
to respond to the request submitted to it, if the communication
of such information is likely to harm its essential interests or
8. The
Member
State
which
forwards
the
information
shall
the protection of the liberties and fundamental rights of the
ensure that it is accurate and up-to-date. If it transpires that it
person concerned or of others. In any event, communication
has forwarded information which is inaccurate or which should
of the information requested shall be subject to the written
not have been forwarded, the recipient Member States shall be
approval of the applicant for international protection,
informed thereof immediately. They shall be obliged to correct
obtained by the requesting Member State. In that case, the
such information or to have it erased.
applicant must know for what specific information he or she
is giving his or her approval.
9. The
applicant
shall
have
the
right
to
be
informed,
on
request, of any data that is processed concerning him or her.
4. Any
request
for
information
shall
only
be
sent
in
the
context of an individual application for international protection.
It shall set out the grounds on which it is based and, where its
If the applicant finds that the data have been processed in
purpose is to check whether there is a criterion that is likely to
breach of this Regulation or of Directive 95/46/EC, in particular
entail the responsibility of the requested Member State, shall
because they are incomplete or inaccurate, he or she shall be
state on what evidence, including relevant information from
entitled to have them corrected or erased.
reliable sources on the ways and means by which applicants
enter the territories of the Member States, or on what specific
and verifiable part of the applicant’s statements it is based. It is
understood that such relevant information from reliable sources
The authority correcting or erasing the data shall inform, as
is not in itself sufficient to determine the responsibility and the
appropriate, the Member State transmitting or receiving the
competence of a Member State under this Regulation, but it
information.
may contribute to the evaluation of other indications relating
to an individual applicant.
The applicant shall have the right to bring an action or a
complaint before the competent authorities or courts or
tribunals of the Member State which refused the right of
5. The
requested
Member
State
shall
be
obliged
to
reply access to or the right of correction or erasure of data relating
within five weeks. Any delays in the reply shall be duly justified.
to him or her.
Non-compliance with the five week time limit shall not relieve
the requested Member State of the obligation to reply. If the
research carried out by the requested Member State which did
not respect the maximum time limit withholds information
10. In
each
Member
State
concerned,
a
record
shall
be
kept,
which shows that it is responsible, that Member State may
in the individual file for the person concerned and/or in a
not invoke the expiry of the time limits provided for in
register, of the transmission and receipt of information
Articles 21, 23 and 24 as a reason for refusing to comply
exchanged.
with a request to take charge or take back. In that case, the
time limits provided for in Articles 21, 23 and 24 for
submitting a request to take charge or take back shall be
11. The
data
exchanged
shall
be
kept
for
a
period
not
extended by a period of time which shall be equivalent to the
exceeding that which is necessary for the purposes for which
delay in the reply by the requested Member State.
they are exchanged.

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EN
29.6.2013 Official
Journal
of
the
European
Union L
180/51
12. Where
the
data
are
not
processed
automatically
or
are To the extent that such arrangements are not compatible with
not contained, or intended to be entered, in a file, each Member
this Regulation, the Member States concerned shall amend the
State shall take appropriate measures to ensure compliance with
arrangements in such a way as to eliminate any incompati
this Article through effective checks.
bilities observed.
Article 35
3. Before
concluding
or
amending
any
arrangement
referred
Competent authorities and resources
to in paragraph 1(b), the Member States concerned shall consult
the Commission as to the compatibility of the arrangement
1. Each
Member
State
shall
notify
the
Commission
without with this Regulation.
delay of the specific authorities responsible for fulfilling the
obligations arising under this Regulation, and any amendments
thereto. The Member States shall ensure that those authorities
have the necessary resources for carrying out their tasks and in
4. If the Commission considers the arrangements referred to
particular for replying within the prescribed time limits to
in paragraph 1(b) to be incompatible with this Regulation, it
requests for information, requests to take charge of and
shall, within a reasonable period, notify the Member States
requests to take back applicants.
concerned. The Member States shall take all appropriate steps
to amend the arrangement concerned within a reasonable time
in such a way as to eliminate any incompatibilities observed.
2. The
Commission
shall
publish
a
consolidated
list
of
the
authorities referred to in paragraph 1 in the Official Journal of the
European Union. Where there are amendments thereto, the
5. Member
States
shall
notify
the
Commission
of
all
Commission shall publish once a year an updated consolidated
arrangements referred to in paragraph 1, and of any
list.
denunciation thereof, or amendment thereto.
3. The
authorities
referred
to
in
paragraph
1
shall
receive
the
necessary training with respect to the application of this Regu
CHAPTER VIII
lation.
CONCILIATION
Article 37
4. The
Commission
shall,
by
means
of
implementing
acts,
Conciliation
establish secure electronic transmission channels between the
1. Where
the
Member
States
cannot
resolve
a
dispute
on
any
authorities referred to in paragraph 1 for transmitting
matter related to the application of this Regulation, they may
requests, replies and all written correspondence and for
have recourse to the conciliation procedure provided for in
ensuring that senders automatically receive an electronic proof
paragraph 2.
of delivery. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 44(2).
2. The
conciliation
procedure
shall
be
initiated
by
a
request
from one of the Member States in dispute to the Chairman of
the Committee set up by Article 44. By agreeing to use the
Article 36
conciliation procedure, the Member States concerned undertake
Administrative arrangements
to take the utmost account of the solution proposed.
1. Member
States
may,
on
a
bilateral
basis,
establish
adminis
trative arrangements between themselves concerning the
practical details of the implementation of this Regulation, in
The Chairman of the Committee shall appoint three members
order to facilitate its application and increase its effectiveness.
of the Committee representing three Member States not
Such arrangements may relate to:
connected with the matter. They shall receive the arguments
of the parties either in writing or orally and, after deliberation,
shall propose a solution within one month, where necessary
(a) exchanges of liaison officers;
after a vote.
(b) simplification of the procedures and shortening of the time
The Chairman of the Committee, or his or her deputy, shall
limits relating to transmission and the examination of
chair the discussion. He or she may put forward his or her
requests to take charge of or take back applicants.
point of view but may not vote.
2. Member
States
may
also
maintain
the
administrative Whether it is adopted or rejected by the parties, the solution
arrangements concluded under Regulation (EC) No 343/2003.
proposed shall be final and irrevocable.

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L 180/52
EN
Official Journal of the European Union
29.6.2013
CHAPTER IX
(b) a period expressed in weeks or months shall end with the
expiry of whichever day in the last week or month is the
TRANSITIONAL PROVISIONS AND FINAL PROVISIONS
same day of the week or falls on the same date as the day
Article 38
during which the event or action from which the period is
to be calculated occurred or took place. If, in a period
Data security and data protection
expressed in months, the day on which it should expire
Member States shall take all appropriate measures to ensure the
does not occur in the last month, the period shall end
security of transmitted personal data and in particular to avoid
with the expiry of the last day of that month;
unlawful or unauthorised access or disclosure, alteration or loss
of personal data processed.
(c) time limits shall include Saturdays, Sundays and official
holidays in any of the Member States concerned.
Each Member State shall provide that the national supervisory
authority or authorities designated pursuant to Article 28(1) of
Article 43
Directive 95/46/EC shall monitor independently, in accordance
with its respective national law, the lawfulness of the
Territorial scope
processing, in accordance with this Regulation, of personal
data by the Member State in question.
As far as the French Republic is concerned, this Regulation shall
apply only to its European territory.
Article 39
Article 44
Confidentiality
Committee
Member States shall ensure that the authorities referred to in
1. The
Commission
shall
be
assisted
by
a
committee.
That
Article 35 are bound by the confidentiality rules provided for in
committee shall be a committee within the meaning of Regu
national law, in relation to any information they obtain in the
lation (EU) No 182/2011.
course of their work.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Article 40
Regulation (EU) No 182/2011 shall apply.
Penalties
Member States shall take the necessary measures to ensure that
Where the committee delivers no opinion, the Commission
any misuse of data processed in accordance with this Regulation
shall not adopt the draft implementing act and the third
is punishable by penalties, including administrative and/or
subparagraph of Article 5(4) of Regulation (EU) No 182/2011
criminal penalties in accordance with national law, that are
shall apply.
effective, proportionate and dissuasive.
Article 45
Article 41
Exercise of the delegation
Transitional measures
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this Article.
Where an application has been lodged after the date mentioned
in the second paragraph of Article 49, the events that are likely
to entail the responsibility of a Member State under this Regu
2. The power to adopt delegated acts referred to in Articles
lation shall be taken into consideration, even if they precede
8(5) and 16(3) shall be conferred on the Commission for a
that date, with the exception of the events mentioned in
period of 5 years from the date of entry into force of this
Article 13(2).
Regulation. The Commission shall draw up a report in respect
of the delegation of power not later than nine months before
the end of the 5-year period. The delegation of power shall be
Article 42
tacitly extended for periods of an identical duration, unless the
European Parliament or the Council opposes such extension not
Calculation of time limits
later than three months before the end of each period.
Any period of time prescribed in this Regulation shall be
calculated as follows:
3. The
delegation
of
power
referred
to
in
Articles
8(5)
and
16(3) may be revoked at any time by the European Parliament
or by the Council. A decision to revoke shall put an end to the
(a) where a period expressed in days, weeks or months is to be
delegation of the power specified in that decision. It shall take
calculated from the moment at which an event occurs or an
effect the day following the publication of the decision in the
action takes place, the day during which that event occurs
Official Journal of the European Union or at a later date specified
or that action takes place shall not be counted as falling
therein. It shall not affect the validity of any delegated acts
within the period in question;
already in force.

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EN
29.6.2013 Official
Journal
of
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European
Union L
180/53
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall Commission (Eurostat), statistics concerning the application of
notify it simultaneously to the European Parliament and to the
this Regulation and of Regulation (EC) No 1560/2003.
Council.
Article 48
5. A
delegated
act
adopted
pursuant
to
Articles
8(5)
and
16(3) shall enter into force only if no objection has been
Repeal
expressed either by the European Parliament or the Council
Regulation (EC) No 343/2003 is repealed.
within a period of four months of notification of that act to
the European Parliament and to the Council or if, before the
Articles 11(1), 13, 14 and 17 of Regulation (EC) No
expiry of that period, the European Parliament and the Council
1560/2003 are repealed.
have both informed the Commission that they will not object.
That period shall be extended by two months at the initiative of
References to the repealed Regulation or Articles shall be
the European Parliament or of the Council.
construed as references to this Regulation and shall be read in
accordance with the correlation table in Annex II.
Article 46
Article 49
Monitoring and evaluation
Entry into force and applicability
By 21 July 2016, the Commission shall report to the European
Parliament and to the Council on the application of this Regu
This Regulation shall enter into force on the twentieth day
lation and, where appropriate, shall propose the necessary
following that of its publication in the Official Journal of the
amendments. Member States shall forward to the Commission
European Union.
all information appropriate for the preparation of that report, at
the latest six months before that time limit expires.
It shall apply to applications for international protection lodged
as from the first day of the sixth month following its entry into
After having submitted that report, the Commission shall report
force and, from that date, it will apply to any request to take
to the European Parliament and to the Council on the appli
charge of or take back applicants, irrespective of the date on
cation of this Regulation at the same time as it submits reports
which the application was made. The Member State responsible
on the implementation of the Eurodac system provided for by
for the examination of an application for international
Article 40 of Regulation (EU) No 603/2013.
protection submitted before that date shall be determined in
accordance with the criteria set out in Regulation (EC) No
Article 47
343/2003.
Statistics
References in this Regulation to Regulation (EU) No 603/2013,
In accordance with Article 4(4) of Regulation (EC) No
Directive 2013/32/EU and Directive 2013/33/EU shall be
862/2007 of the European Parliament and of the Council of
construed, until the dates of their application, as references to
11 July 2007 on Community statistics on migration and inter
Regulation (EC) No 2725/2000 ( 2 ), Directive 2003/9/EC ( 3 ) and
national protection ( 1 ), Member States shall communicate to the
Directive 2005/85/EC ( 4 ) respectively.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 26 June 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. SHATTER
( 2 ) Council Regulation (EC) No 2725/2000 of 11 December 2000
concerning the establishment of ‘Eurodac’ for the comparison of
fingerprints for the effective application of the Dublin Convention
(OJ L 316, 15.12.2000, p. 1).
( 3 ) Council Directive 2003/9/EC of 27 January 2003 laying down
minimum standards for the reception of asylum seekers (OJ L 31,
6.2.2003, p. 18).
( 4 ) Council Directive 2005/85/EC of 1 December 2005 on minimum
standards on procedures for granting and withdrawing refugee status
( 1 ) OJ L 199, 31.7.2007, p. 23.
(OJ L 326, 13.12.2005, p. 13).

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L 180/54
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Official Journal of the European Union
29.6.2013
ANNEX I
Repealed Regulations (referred to in Article 48)
Council Regulation (EC) No 343/2003
(OJ L 50, 25.2.2003, p. 1)
Commission Regulation (EC) No 1560/2003 only Articles 11(1), 13, 14 and 17
(OJ L 222, 5.9.2003, p. 3)

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EN
29.6.2013 Official
Journal
of
the
European
Union L
180/55
ANNEX II
Correlation table
Regulation (EC) No 343/2003 This
Regulation
Article 1 Article
1
Article 2(a) Article
2(a)
Article 2(b)
—
Article 2(c) Article
2(b)
Article 2(d) Article
2(c)
Article 2(e) Article
2(d)
Article 2(f) Article
2(e)
Article 2(g) Article
2(f)
— Article
2(h)
— Article
2(i)
Article 2(h) Article
2(j)
Article 2(i) Article
2(g)
— Article
2(k)
Article 2(j) and (k) Article
2(l)
and
(m)
— Article
2(n)
Article 3(1) Article
3(1)
Article 3(2) Article
17(1)
Article 3(3) Article
3(3)
Article 3(4) Article
4(1),
introductory
wording
— Article
4(1)(a)
to
(f)
— Article
4(2)
and
(3)
Article 4(1) to (5) Article
20(1)
to
(5)
— Article
20(5),
third
subparagraph
— Article
5
— Article
6
Article 5(1) Article
7(1)
Article 5(2) Article
7(2)
— Article
7(3)
Article 6, first paragraph Article
8(1)
— Article
8(3)
Article 6, second paragraph Article
8(4)
Article 7 Article
9

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L 180/56
EN
Official Journal of the European Union
29.6.2013
Regulation (EC) No 343/2003 This
Regulation
Article 8 Article
10
Article 9 Article
12
Article 10 Article
13
Article 11 Article
14
Article 12 Article
15
— Article
16
Article 13 Article
3(2)
Article 14 Article
11
Article 15(1) Article
17(2),
first
subparagraph
Article 15(2) Article
16(1)
Article 15(3) Article
8(2)
Article 15(4) Article
17(2),
fourth
subparagraph
Article 15(5)
Articles 8(5) and (6) and Article 16(2)
Article 16(1)(a) Article
18(1)(a)
Article 16(1)(b) Article
18(2)
Article 16(1)(c) Article
18(1)(b)
Article 16(1)(d) Article
18(1)(c)
Article 16(1)(e) Article
18(1)(d)
Article 16(2) Article
19(1)
Article 16(3) Article
19(2),
first
subparagraph
— Article
19(2),
second
subparagraph
Article 16(4) Article
19(3)
— Article
19(3),
second
subparagraph
Article 17 Article
21
Article 18 Article
22
Article 19(1) Article
26(1)
Article 19(2) Article
26(2)
and
Article
27(1)
— Article
27(2)
to
(6)
Article 19(3) Article
29(1)
Article 19(4) Article
29(2)
— Article
29(3)
Article 19(5) Article
29(4)
Article 20(1), introductory wording Article
23(1)
— Article
23(2)
— Article
23(3)

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29.6.2013 Official
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of
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European
Union L
180/57
Regulation (EC) No 343/2003 This
Regulation
— Article
23(4)
Article 20(1)(a) Article
23(5),
first
subparagraph
— Article
24
Article 20(1)(b) Article
25(1)
Article 20(1)(c) Article
25(2)
Article 20(1)(d) Article
29(1),
first
subparagraph
Article 20(1)(e)
Article 26(1), (2), Article 27(1), Article 29(1), second and
third subparagraphs
Article 20(2) Article
29(2)
Article 20(3) Article
23(5),
second
subparagraph
Article 20(4) Article
29(4)
— Article
28
— Article
30
— Article
31
— Article
32
— Article
33
Article 21(1) to (9)
Article 34(1) to (9), first to third subparagraphs
— Article
34(9),
fourth
subparagraph
Article 21(10) to (12) Article
34(10)
to
(12)
Article 22(1) Article
35(1)
— Article
35(2)
— Article
35(3)
Article 22(2) Article
35(4)
Article 23 Article
36
— Article
37
— Article
40
Article 24(1)
—
Article 24(2) Article
41
Article 24(3)
—
Article 25(1) Article
42
Article 25(2)
—
Article 26 Article
43

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L 180/58
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Official Journal of the European Union
29.6.2013
Regulation (EC) No 343/2003 This
Regulation
Article 27(1), (2) Article
44(1),
(2)
Article 27(3)
—
— Article
45
Article 28 Article
46
— Article
47
— Article
48
Article 29 Article
49
Regulation (EC) No 1560/2003 This
Regulation
Article 11(1)
—
Article 13(1) Article
17(2),
first
subparagraph
Article 13(2) Article
17(2),
second
subparagraph
Article 13(3) Article
17(2),
third
subparagraph
Article 13(4) Article
17(2),
first
subparagraph
Article 14 Article
37
Article 17(1) Articles
9,
10,
17(2),
first
subparagraph
Article 17(2) Article
34(3)

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EN
29.6.2013 Official
Journal
of
the
European
Union L
180/59
STATEMENT BY THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE COMMISSION
The Council and the European Parliament invite the Commission to consider, without prejudice to its right
of initiative, a revision of Article 8(4) of the Recast of the Dublin Regulation once the Court of Justice rules
on case C-648/11 MA and Others vs. Secretary of State for the Home Department and at the latest by the
time limits set in Article 46 of the Dublin Regulation. The European Parliament and the Council will then
both exercise their legislative competences, taking into account the best interests of the child.
The Commission, in a spirit of compromise and in order to ensure the immediate adoption of the proposal,
accepts to consider this invitation, which it understands as being limited to these specific circumstances and
not creating a precedent.

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