# Directive 2013/32/EU of the European Parliament and of the CouncilShow full title

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing            international protection (recast)         

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# Directive 2013/32/EU of the European Parliament and of the Council

# of 26 June 2013

# on common procedures for granting and withdrawing international protection (recast)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2)(d) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee(1),                        

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(2),                        

Whereas:

(1)A number of substantive changes are to be made to Council Directive 2005/85/EC of 1 December 2005 on minimum standards on                              procedures for granting and withdrawing refugee status(3). In the interest of clarity, that Directive should be recast.

(2)A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union’s objective                              of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately                              seek protection in the Union. Such a policy should be governed by the principle of solidarity and fair sharing of responsibility,                              including its financial implications, between the Member States.

(3)The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing a Common                              European Asylum System, based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees                              of 28 July 1951, as amended by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus affirming the principle                              of *non-refoulement* and ensuring that nobody is sent back to persecution.

(4)The Tampere Conclusions provide that a Common European Asylum System should include, in the short term, common standards for                              fair and efficient asylum procedures in the Member States and, in the longer term, Union rules leading to a common asylum                              procedure in the Union.

(5)The first phase of a Common European Asylum System was achieved through the adoption of relevant legal instruments provided                              for in the Treaties, including Directive 2005/85/EC, which was a first measure on asylum procedures.

(6)The European Council, at its meeting 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 2005-10. In this respect, The Hague Programme invited the European                              Commission to conclude the evaluation of the first-phase legal instruments and to submit the second-phase instruments and                              measures to the European Parliament and to the Council. In accordance with The Hague Programme, the objective to be pursued                              for the creation of the Common European Asylum System is the establishment of a common asylum procedure and a uniform status                              valid throughout the Union.

(7)In the European Pact on Immigration and Asylum, adopted on 16 October 2008, the European Council noted that considerable disparities                              remained between one Member State and another concerning the grant of protection and called for new initiatives, including                              a proposal for establishing a single asylum procedure comprising common guarantees, to complete the establishment of a Common                              European Asylum System, provided for in The Hague Programme.

(8)The European Council, at its meeting of 10-11 December 2009, adopted the Stockholm Programme which reiterated the commitment                              to the objective of establishing by 2012 a common area of protection and solidarity based on a common asylum procedure and                              a uniform status for those granted international protection based on high protection standards and fair and effective procedures.                              The Stockholm Programme affirmed that people in need of international protection must be ensured access to legally safe and                              efficient asylum procedures. In accordance with the Stockholm Programme, individuals should be offered the same level of treatment                              as regards procedural arrangements and status determination, regardless of the Member State in which their application for                              international protection is lodged. The objective is that similar cases should be treated alike and result in the same outcome.

(9)The resources of the European Refugee Fund and of the European Asylum Support Office (EASO) should be mobilised to provide                              adequate support to Member States’ efforts in implementing the standards set in the second phase of the Common European Asylum                              System, in particular to those Member States which are faced with specific and disproportionate pressures on their asylum                              systems, due in particular to their geographical or demographic situation.

(10)When implementing this Directive, Member States should take into account relevant guidelines developed by EASO.

(11)In order to ensure a comprehensive and efficient assessment of the international protection needs of applicants within the                              meaning of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification                              of third-country nationals or stateless 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(4), the Union framework on procedures for granting and withdrawing international protection should be based on the concept of                              a single procedure.

(12)The main objective of this Directive is to further develop the standards for procedures in Member States for granting and                              withdrawing international protection with a view to establishing a common asylum procedure in the Union.

(13)The approximation of rules on the procedures for granting and withdrawing international protection should help to limit the                              secondary movements of applicants for international protection between Member States, where such movements would be caused                              by differences in legal frameworks, and to create equivalent conditions for the application of Directive 2011/95/EU in Member                              States.

(14)Member States should have the power to introduce or maintain more favourable provisions for third-country nationals or stateless                              persons who ask for international protection from a Member State, where such a request is understood to be on the grounds                              that the person concerned is in need of international protection within the meaning of Directive 2011/95/EU.

(15)With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations                              under instruments of international law to which they are party.

(16)It is essential that decisions on all applications for international protection be taken on the basis of the facts and, in                              the first instance, by authorities whose personnel has the appropriate knowledge or has received the necessary training in                              the field of international protection.

(17)In order to ensure that applications for international protection are examined and decisions thereon are taken objectively                              and impartially, it is necessary that professionals acting in the framework of the procedures provided for in this Directive                              perform their activities with due respect for the applicable deontological principles.

(18)It is in the interests of both Member States and applicants for international protection that a decision is made as soon as                              possible on applications for international protection, without prejudice to an adequate and complete examination being carried                              out.

(19)In order to shorten the overall duration of the procedure in certain cases, Member States should have the flexibility, in                              accordance with their national needs, to prioritise the examination of any application by examining it before other, previously                              made applications, without derogating from normally applicable procedural time limits, principles and guarantees.

(20)In well-defined circumstances where an application is likely to be unfounded or where there are serious national security                              or public order concerns, Member States should be able to accelerate the examination procedure, in particular by introducing                              shorter, but reasonable, time limits for certain procedural steps, without prejudice to an adequate and complete examination                              being carried out and to the applicant’s effective access to basic principles and guarantees provided for in this Directive.

(21)As long as an applicant can show good cause, the lack of documents on entry or the use of forged documents should not *per se* entail an automatic recourse to border or accelerated procedures.

(22)It is also in the interests of both Member States and applicants to ensure a correct recognition of international protection                              needs already at first instance. To that end, applicants should be provided at first instance, free of charge, with legal                              and procedural information, taking into account their particular circumstances. The provision of such information should,                              inter alia, enable the applicants to better understand the procedure, thus helping them to comply with the relevant obligations.                              It would be disproportionate to require Member States to provide such information only through the services of qualified lawyers.                              Member States should therefore have the possibility to use the most appropriate means to provide such information, such as                              through non-governmental organisations or professionals from government authorities or specialised services of the State.

(23)In appeals procedures, subject to certain conditions, applicants should be granted free legal assistance and representation                              provided by persons competent to provide them under national law. Furthermore, at all stages of the procedure, applicants                              should have the right to consult, at their own cost, legal advisers or counsellors admitted or permitted as such under national                              law.

(24)The notion of public order may, inter alia, cover a conviction for having committed a serious crime.

(25)In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article                              1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access                              to procedures, the opportunity to cooperate and properly communicate with the competent authorities so as to present the relevant                              facts of his or her case and sufficient procedural guarantees to pursue his or her case throughout all stages of the procedure.                              Moreover, the procedure in which an application for international protection is examined should normally provide an applicant                              at least with: the right to stay pending a decision by the determining authority; access to the services of an interpreter                              for submitting his or her case if interviewed by the authorities; the opportunity to communicate with a representative of                              the United Nations High Commissioner for Refugees (UNHCR) and with organisations providing advice or counselling to applicants                              for international protection; the right to appropriate notification of a decision and of the reasons for that decision in                              fact and in law; the opportunity to consult a legal adviser or other counsellor; the right to be informed of his or her legal                              position at decisive moments in the course of the procedure, in a language which he or she understands or is reasonably supposed                              to understand; and, in the case of a negative decision, the right to an effective remedy before a court or a tribunal.

(26)With a view to ensuring effective access to the examination procedure, officials who first come into contact with persons                              seeking international protection, in particular officials carrying out the surveillance of land or maritime borders or conducting                              border checks, should receive relevant information and necessary training on how to recognise and deal with applications for                              international protection, inter alia, taking due account of relevant guidelines developed by EASO. They should be able to                              provide third-country nationals or stateless persons who are present in the territory, including at the border, in the territorial                              waters or in the transit zones of the Member States, and who make an application for international protection, with relevant                              information as to where and how applications for international protection may be lodged. Where those persons are present in                              the territorial waters of a Member State, they should be disembarked on land and have their applications examined in accordance                              with this Directive.

(27)Given that third-country nationals and stateless persons who have expressed their wish to apply for international protection                              are applicants for international protection, they should comply with the obligations, and benefit from the rights, under this                              Directive and Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for                              the reception of applicants for international protection(5). To that end, Member States should register the fact that those persons are applicants for international protection as soon                              as possible.

(28)In order to facilitate access to the examination procedure at border crossing points and in detention facilities, information                              should be made available on the possibility to apply for international protection. Basic communication necessary to enable                              the competent authorities to understand if persons declare their wish to apply for international protection should be ensured                              through interpretation arrangements.

(29)Certain applicants may be in need of special procedural guarantees due, inter alia, to their age, gender, sexual orientation,                              gender identity, disability, serious illness, mental disorders or as a consequence of torture, rape or other serious forms                              of psychological, physical or sexual violence. Member States should endeavour to identify applicants in need of special procedural                              guarantees before a first instance decision is taken. Those applicants should be provided with adequate support, including                              sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the                              elements needed to substantiate their application for international protection.

(30)Where adequate support cannot be provided to an applicant in need of special procedural guarantees in the framework of accelerated                              or border procedures, such an applicant should be exempted from those procedures. The need for special procedural guarantees                              of a nature that could prevent the application of accelerated or border procedures should also mean that the applicant is                              provided with additional guarantees in cases where his or her appeal does not have automatic suspensive effect, with a view                              to making the remedy effective in his or her particular circumstances.

(31)National measures dealing with identification and documentation of symptoms and signs of torture or other serious acts of                              physical or psychological violence, including acts of sexual violence, in procedures covered by this Directive may, inter                              alia, be based on the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading                              Treatment or Punishment (Istanbul Protocol).

(32)With a view to ensuring substantive equality between female and male applicants, examination procedures should be gender-sensitive.                              In particular, personal interviews should be organised in a way which makes it possible for both female and male applicants                              to speak about their past experiences in cases involving gender-based persecution. The complexity of gender-related claims                              should be properly taken into account in procedures based on the concept of safe third country, the concept of safe country                              of origin or the notion of subsequent applications.

(33)The best interests of the child should be a primary consideration of Member States when applying this Directive, in accordance                              with the Charter of Fundamental Rights of the European Union (the Charter) and the 1989 United Nations Convention on the Rights                              of the Child. In assessing the best interest of the child, Member States should in particular take due account of the minor’s                              well-being and social development, including his or her background.

(34)Procedures for examining international protection needs should be such as to enable the competent authorities to conduct a                              rigorous examination of applications for international protection.

(35)When, in the framework of an application being processed, the applicant is searched, that search should be carried by a person                              of the same sex. This should be without prejudice to a search carried out, for security reasons, on the basis of national                              law.

(36)Where an applicant makes a subsequent application without presenting new evidence or arguments, it would be disproportionate                              to oblige Member States to carry out a new full examination procedure. In those cases, Member States should be able to dismiss                              an application as inadmissible in accordance with the *res judicata* principle.

(37)With respect to the involvement of the personnel of an authority other than the determining authority in conducting timely                              interviews on the substance of an application, the notion of ‘timely’ should be assessed against the time limits provided                              for in Article 31.

(38)Many applications for international protection are made at the border or in a transit zone of a Member State prior to a decision                              on the entry of the applicant. Member States should be able to provide for admissibility and/or substantive examination procedures                              which would make it possible for such applications to be decided upon at those locations in well-defined circumstances.

(39)In determining whether a situation of uncertainty prevails in the country of origin of an applicant, Member States should                              ensure that they obtain precise and up-to-date information from relevant sources such as EASO, UNHCR, the Council of Europe                              and other relevant international organisations. Member States should ensure that any postponement of conclusion of the procedure                              fully complies with their obligations under Directive 2011/95/EU and Article 41 of the Charter, without prejudice to the efficiency                              and fairness of the procedures under this Directive.

(40)A key consideration for the well-foundedness of an application for international protection is the safety of the applicant                              in his or her country of origin. Where a third country can be regarded as a safe country of origin, Member States should be                              able to designate it as safe and presume its safety for a particular applicant, unless he or she presents counter-indications.

(41)Given the level of harmonisation achieved on the qualification of third-country nationals and stateless persons as beneficiaries                              of international protection, common criteria should be established for designating third countries as safe countries of origin.

(42)The designation of a third country as a safe country of origin for the purposes of this Directive cannot establish an absolute                              guarantee of safety for nationals of that country. By its very nature, the assessment underlying the designation can only                              take into account the general civil, legal and political circumstances in that country and whether actors of persecution,                              torture or inhuman or degrading treatment or punishment are subject to sanction in practice when found liable in that country.                              For this reason, it is important that, where an applicant shows that there are valid reasons to consider the country not to                              be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant                              for him or her.

(43)Member States should examine all applications on the substance, i.e. assess whether the applicant in question qualifies for                              international protection in accordance with Directive 2011/95/EU, except where this Directive provides otherwise, in particular                              where it can reasonably be assumed that another country would do the examination or provide sufficient protection. In particular,                              Member States should not be obliged to assess the substance of an application for international protection where a first country                              of asylum has granted the applicant refugee status or otherwise sufficient protection and the applicant will be readmitted                              to that country.

(44)Member States should not be obliged to assess the substance of an application for international protection where the applicant,                              due to a sufficient connection to a third country as defined by national law, can reasonably be expected to seek protection                              in that third country, and there are grounds for considering that the applicant will be admitted or readmitted to that country.                              Member States should only proceed on that basis where that particular applicant would be safe in the third country concerned.                              In order to avoid secondary movements of applicants, common principles should be established for the consideration or designation                              by Member States of third countries as safe.

(45)Furthermore, with respect to certain European third countries, which observe particularly high human rights and refugee protection                              standards, Member States should be allowed to not carry out, or not to carry out full examination of, applications for international                              protection regarding applicants who enter their territory from such European third countries.

(46)Where Member States apply safe country concepts on a case-by-case basis or designate countries as safe by adopting lists to                              that effect, they should take into account, inter alia, the guidelines and operating manuals and the information on countries                              of origin and activities, including EASO Country of Origin Information report methodology, referred to in Regulation (EU)                              No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office(6), as well as relevant UNHCR guidelines.

(47)In order to facilitate the regular exchange of information about the national application of the concepts of safe country                              of origin, safe third country and European safe third country as well as a regular review by the Commission of the use of                              those concepts by Member States, and to prepare for a potential further harmonisation in the future, Member States should                              notify or periodically inform the Commission about the third countries to which the concepts are applied. The Commission should                              regularly inform the European Parliament on the result of its reviews.

(48)In order to ensure the correct application of the safe country concepts based on up-to-date information, Member States should                              conduct regular reviews of the situation in those countries based on a range of sources of information, including in particular                              information from other Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations. When                              Member States become aware of a significant change in the human rights situation in a country designated by them as safe,                              they should ensure that a review of that situation is conducted as soon as possible and, where necessary, review the designation                              of that country as safe.

(49)With respect to the withdrawal of refugee or subsidiary protection status, Member States should ensure that persons benefiting                              from international protection are duly informed of a possible reconsideration of their status and have the opportunity to                              submit their point of view before the authorities can take a reasoned decision to withdraw their status.

(50)It reflects a basic principle of Union law that the decisions taken on an application for international protection, the decisions                              concerning a refusal to reopen the examination of an application after its discontinuation, and the decisions on the withdrawal                              of refugee or subsidiary protection status are subject to an effective remedy before a court or tribunal.

(51)In accordance with Article 72 of the Treaty on the Functioning of the European Union (TFEU), this Directive does not affect                              the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the                              safeguarding of internal security.

(52)Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with                              regard to the processing of personal data and on the free movement of such data(7) governs the processing of personal data carried out in the Member States pursuant to this Directive.

(53)This Directive does not deal with procedures between Member States governed by 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(8).

(54)This Directive should apply to applicants to whom Regulation (EU) No 604/2013 applies, in addition and without prejudice to                              the provisions of that Regulation.

(55)The implementation of this Directive should be evaluated at regular intervals.

(56)Since the objective of this Directive, namely to establish common procedures for granting and withdrawing international protection,                              cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive,                              be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out                              in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that                              Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(57)In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September                              2011(9), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one                              or more documents explaining the relationship between the components of a directive and the corresponding parts of national                              transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be                              justified.

(58)In accordance with Articles 1, 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in                              respect of the Area of Freedom, Security and Justice, annexed to the TEU and the TFEU, and without prejudice to Article 4                              of that Protocol, the United Kingdom and Ireland are not taking part in the adoption of this Directive and are not bound by                              it or subject to its application.

(59)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark                              is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

(60)This Directive respects the fundamental rights and observes the principles recognised by the Charter. In particular, this                              Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 18, 19, 21, 23,                              24, and 47 of the Charter and has to be implemented accordingly.

(61)The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive                              change as compared with Directive 2005/85/EC. The obligation to transpose the provisions which are unchanged arises under                              that Directive.

(62)This Directive should be without prejudice to the obligations of the Member States relating to the time limit for transposition                              into national law of Directive 2005/85/EC set out in Annex II, Part B,

HAVE ADOPTED THIS DIRECTIVE:

## CHAPTER IU.K.**GENERAL PROVISIONS**

### Article 1U.K.Purpose

The purpose of this Directive is to establish common procedures for granting and withdrawing international protection pursuant                     to Directive 2011/95/EU.                  

### Article 2U.K.Definitions

For the purposes of this Directive:

‘Geneva Convention’ means the Convention of 28 July 1951 Relating to the Status of Refugees, as amended by the New York Protocol                              of 31 January 1967;                           

‘application for international protection’ or ‘application’ means a request made by a third- country national or a stateless                              person for protection from a Member State, who can be understood to seek refugee status or subsidiary protection status, and                              who does not explicitly request another kind of protection outside the scope of Directive 2011/95/EU, that can be applied                              for separately;                           

‘applicant’ means a third-country national or stateless person who has made an application for international protection in                              respect of which a final decision has not yet been taken;                           

‘applicant in need of special procedural guarantees’ means an applicant whose ability to benefit from the rights and comply                              with the obligations provided for in this Directive is limited due to individual circumstances;                           

‘final decision’ means a decision on whether the third-country national or stateless person be granted refugee or subsidiary                              protection status by virtue of Directive 2011/95/EU and which is no longer subject to a remedy within the framework of Chapter                              V of this Directive, irrespective of whether such remedy has the effect of allowing applicants to remain in the Member States                              concerned pending its outcome;                           

‘determining authority’ means any quasi-judicial or administrative body in a Member State responsible for examining applications                              for international protection competent to take decisions at first instance in such cases;                           

‘refugee’ means a third-country national or a stateless person who fulfils the requirements of Article 2(d) of Directive 2011/95/EU;

‘person eligible for subsidiary protection’ means a third-country national or a stateless person who fulfils the requirements                              of Article 2(f) of Directive 2011/95/EU;                           

‘international protection’ means refugee status and subsidiary protection status as defined in points (j) and (k);

‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;

‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as                              a person eligible for subsidiary protection;                           

‘minor’ means a third-country national or a stateless person below the age of 18 years;

‘unaccompanied minor’ means an unaccompanied minor as defined in Article 2(l) of Directive 2011/95/EU;

‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied                              minor in procedures provided for in this Directive with a view to ensuring the best interests of the child and exercising                              legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a                              person responsible for carrying out the duties of representative in respect of the unaccompanied minor, in accordance with                              this Directive;                           

‘withdrawal of international protection’ means the decision by a competent authority to revoke, end or refuse to renew the                              refugee or subsidiary protection status of a person in accordance with Directive 2011/95/EU;                           

‘remain in the Member State’ means to remain in the territory, including at the border or in transit zones, of the Member                              State in which the application for international protection has been made or is being examined;                           

‘subsequent application’ means a further application for international protection made after a final decision has been taken                              on a previous application, including cases where the applicant has explicitly withdrawn his or her application and cases where                              the determining authority has rejected an application following its implicit withdrawal in accordance with Article 28(1).                           

### Article 3U.K.Scope

1.This Directive shall apply to all applications for international protection made in the territory, including at the border,                        in the territorial waters or in the transit zones of the Member States, and to the withdrawal of international protection.                  

2.This Directive shall not apply to requests for diplomatic or territorial asylum submitted to representations of Member States.                  

3.Member States may decide to apply this Directive in procedures for deciding on applications for any kind of protection falling                        outside of the scope of Directive 2011/95/EU.                  

### Article 4U.K.Responsible authorities

1.Member States shall designate for all procedures a determining authority which will be responsible for an appropriate examination                        of applications in accordance with this Directive. Member States shall ensure that such authority is provided with appropriate                        means, including sufficient competent personnel, to carry out its tasks in accordance with this Directive.                  

2.Member States may provide that an authority other than that referred to in paragraph 1 shall be responsible for the purposes                        of:                  

(a)processing cases pursuant to Regulation (EU) No 604/2013; and                  

(b)granting or refusing permission to enter in the framework of the procedure provided for in Article 43, subject to the conditions                        as set out therein and on the basis of the reasoned opinion of the determining authority.                  

3.Member States shall ensure that the personnel of the determining authority referred to in paragraph 1 are properly trained.                        To that end, Member States shall provide for relevant training which shall include the elements listed in Article 6(4)(a)                        to (e) of Regulation (EU) No 439/2010. Member States shall also take into account the relevant training established and developed                        by the European Asylum Support Office (EASO). Persons interviewing applicants pursuant to this Directive shall also have acquired                        general knowledge of problems which could adversely affect the applicants’ ability to be interviewed, such as indications                        that the applicant may have been tortured in the past.                  

4.Where an authority is designated in accordance with paragraph 2, Member States shall ensure that the personnel of that authority                        have the appropriate knowledge or receive the necessary training to fulfil their obligations when implementing this Directive.                  

5.Applications for international protection made in a Member State to the authorities of another Member State carrying out border                        or immigration controls there shall be dealt with by the Member State in whose territory the application is made.                  

### Article 5U.K.More favourable provisions

Member States may introduce or retain more favourable standards on procedures for granting and withdrawing international protection,                     insofar as those standards are compatible with this Directive.                  

## CHAPTER IIU.K.**BASIC PRINCIPLES AND GUARANTEES**

### Article 6U.K.Access to the procedure

1.When a person makes an application for international protection to an authority competent under national law for registering                        such applications, the registration shall take place no later than three working days after the application is made.                  

If the application for international protection is made to other authorities which are likely to receive such applications,                     but not competent for the registration under national law, Member States shall ensure that the registration shall take place                     no later than six working days after the application is made.                  

Member States shall ensure that those other authorities which are likely to receive applications for international protection                     such as the police, border guards, immigration authorities and personnel of detention facilities have the relevant information                     and that their personnel receive the necessary level of training which is appropriate to their tasks and responsibilities                     and instructions to inform applicants as to where and how applications for international protection may be lodged.                  

2.Member States shall ensure that a person who has made an application for international protection has an effective opportunity                        to lodge it as soon as possible. Where the applicant does not lodge his or her application, Member States may apply Article                        28 accordingly.                  

3.Without prejudice to paragraph 2, Member States may require that applications for international protection be lodged in person                        and/or at a designated place.                  

4.Notwithstanding paragraph 3, an application for international protection shall be deemed to have been lodged once a form submitted                        by the applicant or, where provided for in national law, an official report, has reached the competent authorities of the                        Member State concerned.                  

5.Where simultaneous applications for international protection by a large number of third-country nationals or stateless persons                        make it very difficult in practice to respect the time limit laid down in paragraph 1, Member States may provide for that                        time limit to be extended to 10 working days.                  

### Article 7U.K.Applications made on behalf of dependants or minors

1.Member States shall ensure that each adult with legal capacity has the right to make an application for international protection                        on his or her own behalf.                  

2.Member States may provide that an application may be made by an applicant on behalf of his or her dependants. In such cases,                        Member States shall ensure that dependent adults consent to the lodging of the application on their behalf, failing which                        they shall have an opportunity to make an application on their own behalf.                  

Consent shall be requested at the time the application is lodged or, at the latest, when the personal interview with the dependent                     adult is conducted. Before consent is requested, each dependent adult shall be informed in private of the relevant procedural                     consequences of the lodging of the application on his or her behalf and of his or her right to make a separate application                     for international protection.                  

3.Member States shall ensure that a minor has the right to make an application for international protection either on his or                        her own behalf, if he or she has the legal capacity to act in procedures according to the law of the Member State concerned,                        or through his or her parents or other adult family members, or an adult responsible for him or her, whether by law or by                        the practice of the Member State concerned, or through a representative.                  

4.Member States shall ensure that the appropriate bodies referred to in Article 10 of Directive 2008/115/EC of the European                        Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally                        staying third-country nationals(10) have the right to lodge an application for international protection on behalf of an unaccompanied minor if, on the basis                        of an individual assessment of his or her personal situation, those bodies are of the opinion that the minor may have protection                        needs pursuant to Directive 2011/95/EU.                  

5.Member States may determine in national legislation:                  

(a)the cases in which a minor can make an application on his or her own behalf;                  

(b)the cases in which the application of an unaccompanied minor has to be lodged by a representative as provided for in Article                        25(1)(a);                  

(c)the cases in which the lodging of an application for international protection is deemed to constitute also the lodging of                        an application for international protection for any unmarried minor.                  

### Article 8U.K.Information and counselling in detention facilities and at border crossing points

1.Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border                        crossing points, including transit zones, at external borders, may wish to make an application for international protection,                        Member States shall provide them with information on the possibility to do so. In those detention facilities and crossing                        points, Member States shall make arrangements for interpretation to the extent necessary to facilitate access to the asylum                        procedure.                  

2.Member States shall ensure that organisations and persons providing advice and counselling to applicants have effective access                        to applicants present at border crossing points, including transit zones, at external borders. Member States may provide for                        rules covering the presence of such organisations and persons in those crossing points and in particular that access is subject                        to an agreement with the competent authorities of the Member States. Limits on such access may be imposed only where, by virtue                        of national law, they are objectively necessary for the security, public order or administrative management of the crossing                        points concerned, provided that access is not thereby severely restricted or rendered impossible.                  

### Article 9U.K.Right to remain in the Member State pending the examination of the application

1.Applicants shall be allowed to remain in the Member State, for the sole purpose of the procedure, until the determining authority                        has made a decision in accordance with the procedures at first instance set out in Chapter III. That right to remain shall                        not constitute an entitlement to a residence permit.                  

2.Member States may make an exception only where a person makes a subsequent application referred to in Article 41 or where                        they will surrender or extradite, as appropriate, a person either to another Member State pursuant to obligations in accordance                        with a European arrest warrant(11) or otherwise, or to a third country or to international criminal courts or tribunals.                  

3.A Member State may extradite an applicant to a third country pursuant to paragraph 2 only where the competent authorities                        are satisfied that an extradition decision will not result in direct or indirect *refoulement* in violation of the international and Union obligations of that Member State.                  

### Article 10U.K.Requirements for the examination of applications

1.Member States shall ensure that applications for international protection are neither rejected nor excluded from examination                        on the sole ground that they have not been made as soon as possible.                  

2.When examining applications for international protection, the determining authority shall first determine whether the applicants                        qualify as refugees and, if not, determine whether the applicants are eligible for subsidiary protection.                  

3.Member States shall ensure that decisions by the determining authority on applications for international protection are taken                        after an appropriate examination. To that end, Member States shall ensure that:                  

(a)applications are examined and decisions are taken individually, objectively and impartially;                  

(b)precise and up-to-date information is obtained from various sources, such as EASO and UNHCR and relevant international human                        rights organisations, as to the general situation prevailing in the countries of origin of applicants and, where necessary,                        in countries through which they have transited, and that such information is made available to the personnel responsible for                        examining applications and taking decisions;                  

(c)the personnel examining applications and taking decisions know the relevant standards applicable in the field of asylum and                        refugee law;                  

(d)the personnel examining applications and taking decisions have the possibility to seek advice, whenever necessary, from experts                        on particular issues, such as medical, cultural, religious, child-related or gender issues.                  

4.The authorities referred to in Chapter V shall, through the determining authority or the applicant or otherwise, have access                        to the general information referred to in paragraph 3(b), necessary for the fulfilment of their task.                  

5.Member States shall provide for rules concerning the translation of documents relevant for the examination of applications.                  

### Article 11U.K.Requirements for a decision by the determining authority

1.Member States shall ensure that decisions on applications for international protection are given in writing.                  

2.Member States shall also ensure that, where an application is rejected with regard to refugee status and/or subsidiary protection                        status, the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision                        is given in writing.                  

Member States need not provide information on how to challenge a negative decision in writing in conjunction with a decision                     where the applicant has been provided with such information at an earlier stage either in writing or by electronic means accessible                     to the applicant.                  

3.For the purposes of Article 7(2), and whenever the application is based on the same grounds, Member States may take a single                        decision, covering all dependants, unless to do so would lead to the disclosure of particular circumstances of an applicant                        which could jeopardise his or her interests, in particular in cases involving gender, sexual orientation, gender identity                        and/or age-based persecution. In such cases, a separate decision shall be issued to the person concerned.                  

### Article 12U.K.Guarantees for applicants

1.With respect to the procedures provided for in Chapter III, Member States shall ensure that all applicants enjoy the following                        guarantees:                  

(a)they shall be informed in a language which they understand or are reasonably supposed to understand of the procedure to be                        followed and of their rights and obligations during the procedure and the possible consequences of not complying with their                        obligations and not cooperating with the authorities. They shall be informed of the time-frame, the means at their disposal                        for fulfilling the obligation to submit the elements as referred to in Article 4 of Directive 2011/95/EU, as well as of the                        consequences of an explicit or implicit withdrawal of the application. That information shall be given in time to enable them                        to exercise the rights guaranteed in this Directive and to comply with the obligations described in Article 13;                  

(b)they shall receive the services of an interpreter for submitting their case to the competent authorities whenever necessary.                        Member States shall consider it necessary to provide those services at least when the applicant is to be interviewed as referred                        to in Articles 14 to 17 and 34 and appropriate communication cannot be ensured without such services. In that case and in                        other cases where the competent authorities call upon the applicant, those services shall be paid for out of public funds;                  

(c)they shall not be denied the opportunity to communicate with UNHCR or with any other organisation providing legal advice or                        other counselling to applicants in accordance with the law of the Member State concerned;                  

(d)they and, if applicable, their legal advisers or other counsellors in accordance with Article 23(1), shall have access to                        the information referred to in Article 10(3)(b) and to the information provided by the experts referred to in Article 10(3)(d),                        where the determining authority has taken that information into consideration for the purpose of taking a decision on their                        application;                  

(e)they shall be given notice in reasonable time of the decision by the determining authority on their application. If a legal                        adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision                        to him or her instead of to the applicant;                  

(f)they shall be informed of the result of the decision by the determining authority in a language that they understand or are                        reasonably supposed to understand when they are not assisted or represented by a legal adviser or other counsellor. The information                        provided shall include information on how to challenge a negative decision in accordance with the provisions of Article 11(2).                  

2.With respect to the procedures provided for in Chapter V, Member States shall ensure that all applicants enjoy guarantees                        equivalent to the ones referred to in paragraph 1(b) to (e).                  

### Article 13U.K.Obligations of the applicants

1.Member States shall impose upon applicants the obligation to cooperate with the competent authorities with a view to establishing                        their identity and other elements referred to in Article 4(2) of Directive 2011/95/EU. Member States may impose upon applicants                        other obligations to cooperate with the competent authorities insofar as such obligations are necessary for the processing                        of the application.                  

2.In particular, Member States may provide that:                  

(a)applicants are required to report to the competent authorities or to appear before them in person, either without delay or                        at a specified time;                  

(b)applicants have to hand over documents in their possession relevant to the examination of the application, such as their passports;                  

(c)applicants are required to inform the competent authorities of their current place of residence or address and of any changes                        thereof as soon as possible. Member States may provide that the applicant shall have to accept any communication at the most                        recent place of residence or address which he or she indicated accordingly;                  

(d)the competent authorities may search the applicant and the items which he or she is carrying. Without prejudice to any search                        carried out for security reasons, a search of the applicant’s person under this Directive shall be carried out by a person                        of the same sex with full respect for the principles of human dignity and of physical and psychological integrity;                  

(e)the competent authorities may take a photograph of the applicant; and                  

(f)the competent authorities may record the applicant’s oral statements, provided he or she has previously been informed thereof.                  

### Article 14U.K.Personal interview

1.Before a decision is taken by the determining authority, the applicant shall be given the opportunity of a personal interview                        on his or her application for international protection with a person competent under national law to conduct such an interview.                        Personal interviews on the substance of the application for international protection shall be conducted by the personnel of                        the determining authority. This subparagraph shall be without prejudice to Article 42(2)(b).                  

Where simultaneous applications for international protection by a large number of third-country nationals or stateless persons                     make it impossible in practice for the determining authority to conduct timely interviews on the substance of each application,                     Member States may provide that the personnel of another authority be temporarily involved in conducting such interviews. In                     such cases, the personnel of that other authority shall receive in advance the relevant training which shall include the elements                     listed in Article 6(4)(a) to (e) of Regulation (EU) No 439/2010. Persons conducting personal interviews of applicants pursuant                     to this Directive shall also have acquired general knowledge of problems which could adversely affect an applicant’s ability                     to be interviewed, such as indications that the applicant may have been tortured in the past.                  

Where a person has lodged an application for international protection on behalf of his or her dependants, each dependent adult                     shall be given the opportunity of a personal interview.                  

Member States may determine in national legislation the cases in which a minor shall be given the opportunity of a personal                     interview.                  

2.The personal interview on the substance of the application may be omitted where:                  

(a)the determining authority is able to take a positive decision with regard to refugee status on the basis of evidence available;                        or                  

(b)the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances                        beyond his or her control. When in doubt, the determining authority shall consult a medical professional to establish whether                        the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature.                  

Where a personal interview is not conducted pursuant to point (b) or, where applicable, with the dependant, reasonable efforts                     shall be made to allow the applicant or the dependant to submit further information.                  

3.The absence of a personal interview in accordance with this Article shall not prevent the determining authority from taking                        a decision on an application for international protection.                  

4.The absence of a personal interview pursuant to paragraph 2(b) shall not adversely affect the decision of the determining                        authority.                  

5.Irrespective of Article 28(1), Member States, when deciding on an application for international protection, may take into                        account the fact that the applicant failed to appear for the personal interview, unless he or she had good reasons for the                        failure to appear.                  

### Article 15U.K.Requirements for a personal interview

1.A personal interview shall normally take place without the presence of family members unless the determining authority considers                        it necessary for an appropriate examination to have other family members present.                  

2.A personal interview shall take place under conditions which ensure appropriate confidentiality.                  

3.Member States shall take appropriate steps to ensure that personal interviews are conducted under conditions which allow applicants                        to present the grounds for their applications in a comprehensive manner. To that end, Member States shall:                  

(a)ensure that the person who conducts the interview is competent to take account of the personal and general circumstances surrounding                        the application, including the applicant’s cultural origin, gender, sexual orientation, gender identity or vulnerability;                  

(b)wherever possible, provide for the interview with the applicant to be conducted by a person of the same sex if the applicant                        so requests, unless the determining authority has reason to believe that such a request is based on grounds which are not                        related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner;                  

(c)select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the                        interview. The communication shall take place in the language preferred by the applicant unless there is another language                        which he or she understands and in which he or she is able to communicate clearly. Wherever possible, Member States shall                        provide an interpreter of the same sex if the applicant so requests, unless the determining authority has reasons to believe                        that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the                        grounds of his or her application in a comprehensive manner;                  

(d)ensure that the person who conducts the interview on the substance of an application for international protection does not                        wear a military or law enforcement uniform;                  

(e)ensure that interviews with minors are conducted in a child-appropriate manner.                  

4.Member States may provide for rules concerning the presence of third parties at a personal interview.                  

### Article 16U.K.Content of a personal interview

When conducting a personal interview on the substance of an application for international protection, the determining authority                     shall ensure that the applicant is given an adequate opportunity to present elements needed to substantiate the application                     in accordance with Article 4 of Directive 2011/95/EU as completely as possible. This shall include the opportunity to give                     an explanation regarding elements which may be missing and/or any inconsistencies or contradictions in the applicant’s statements.                  

### Article 17U.K.Report and recording of personal interviews

1.Member States shall ensure that either a thorough and factual report containing all substantive elements or a transcript is                        made of every personal interview.                  

2.Member States may provide for audio or audiovisual recording of the personal interview. Where such a recording is made, Member                        States shall ensure that the recording or a transcript thereof is available in connection with the applicant’s file.                  

3.Member States shall ensure that the applicant has the opportunity to make comments and/or provide clarification orally and/or                        in writing with regard to any mistranslations or misconceptions appearing in the report or in the transcript, at the end of                        the personal interview or within a specified time limit before the determining authority takes a decision. To that end, Member                        States shall ensure that the applicant is fully informed of the content of the report or of the substantive elements of the                        transcript, with the assistance of an interpreter if necessary. Member States shall then request the applicant to confirm                        that the content of the report or the transcript correctly reflects the interview.                  

When the personal interview is recorded in accordance with paragraph 2 and the recording is admissible as evidence in the                     appeals procedures referred to in Chapter V, Member States need not request the applicant to confirm that the content of the                     report or the transcript correctly reflects the interview. Without prejudice to Article 16, where Member States provide for                     both a transcript and a recording of the personal interview, Member States need not allow the applicant to make comments on                     and/or provide clarification of the transcript.                  

4.Where an applicant refuses to confirm that the content of the report or the transcript correctly reflects the personal interview,                        the reasons for his or her refusal shall be entered in the applicant’s file.                  

Such refusal shall not prevent the determining authority from taking a decision on the application.

5.Applicants and their legal advisers or other counsellors, as defined in Article 23, shall have access to the report or the                        transcript and, where applicable, the recording, before the determining authority takes a decision.                  

Where Member States provide for both a transcript and a recording of the personal interview, Member States need not provide                     access to the recording in the procedures at first instance referred to in Chapter III. In such cases, they shall nevertheless                     provide access to the recording in the appeals procedures referred to in Chapter V.                  

Without prejudice to paragraph 3 of this Article, where the application is examined in accordance with Article 31(8), Member                     States may provide that access to the report or the transcript, and where applicable, the recording, is granted at the same                     time as the decision is made.                  

### Article 18U.K.Medical examination

1.Where the determining authority deems it relevant for the assessment of an application for international protection in accordance                        with Article 4 of Directive 2011/95/EU, Member States shall, subject to the applicant’s consent, arrange for a medical examination                        of the applicant concerning signs that might indicate past persecution or serious harm. Alternatively, Member States may provide                        that the applicant arranges for such a medical examination.                  

The medical examinations referred to in the first subparagraph shall be carried out by qualified medical professionals and                     the result thereof shall be submitted to the determining authority as soon as possible. Member States may designate the medical                     professionals who may carry out such medical examinations. An applicant’s refusal to undergo such a medical examination shall                     not prevent the determining authority from taking a decision on the application for international protection.                  

Medical examinations carried out in accordance with this paragraph shall be paid for out of public funds.

2.When no medical examination is carried out in accordance with paragraph 1, Member States shall inform applicants that they                        may, on their own initiative and at their own cost, arrange for a medical examination concerning signs that might indicate                        past persecution or serious harm.                  

3.The results of the medical examinations referred to in paragraphs 1 and 2 shall be assessed by the determining authority along                        with the other elements of the application.                  

### Article 19U.K.Provision of legal and procedural information free of charge in procedures at first instance

1.In the procedures at first instance provided for in Chapter III, Member States shall ensure that, on request, applicants are                        provided with legal and procedural information free of charge, including, at least, information on the procedure in the light                        of the applicant’s particular circumstances. In the event of a negative decision on an application at first instance, Member                        States shall also, on request, provide applicants with information — in addition to that given in accordance with Article                        11(2) and Article 12(1)(f) — in order to clarify the reasons for such decision and explain how it can be challenged.                  

2.The provision of legal and procedural information free of charge shall be subject to the conditions laid down in Article 21.                  

### Article 20U.K.Free legal assistance and representation in appeals procedures

1.Member States shall ensure that free legal assistance and representation is granted on request in the appeals procedures provided                        for in Chapter V. It shall include, at least, the preparation of the required procedural documents and participation in the                        hearing before a court or tribunal of first instance on behalf of the applicant.                  

2.Member States may also provide free legal assistance and/or representation in the procedures at first instance provided for                        in Chapter III. In such cases, Article 19 shall not apply.                  

3.Member States may provide that free legal assistance and representation not be granted where the applicant’s appeal is considered                        by a court or tribunal or other competent authority to have no tangible prospect of success.                  

Where a decision not to grant free legal assistance and representation pursuant to this paragraph is taken by an authority                     which is not a court or tribunal, Member States shall ensure that the applicant has the right to an effective remedy before                     a court or tribunal against that decision.                  

In the application of this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily                     restricted and that the applicant’s effective access to justice is not hindered.                  

4.Free legal assistance and representation shall be subject to the conditions laid down in Article 21.                  

### Article 21U.K.Conditions for the provision of legal and procedural information free of charge and free legal assistance and representation

1.Member States may provide that the legal and procedural information free of charge referred to in Article 19 is provided by                        non-governmental organisations, or by professionals from government authorities or from specialised services of the State.                  

The free legal assistance and representation referred to in Article 20 shall be provided by such persons as admitted or permitted                     under national law.                  

2.Member States may provide that legal and procedural information free of charge referred to in Article 19 and free legal assistance                        and representation referred to in Article 20 are granted:                  

(a)only to those who lack sufficient resources; and/or                  

(b)only through the services provided by legal advisers or other counsellors specifically designated by national law to assist                        and represent applicants.                  

Member States may provide that the free legal assistance and representation referred to in Article 20 is granted only for                     appeals procedures in accordance with Chapter V before a court or tribunal of first instance and not for any further appeals                     or reviews provided for under national law, including rehearings or reviews of appeals.                  

Member States may also provide that the free legal assistance and representation referred to in Article 20 is not granted                     to applicants who are no longer present on their territory in application of Article 41(2)(c).                  

3.Member States may lay down rules concerning the modalities for filing and processing requests for legal and procedural information                        free of charge under Article 19 and for free legal assistance and representation under Article 20.                  

4.Member States may also:                  

(a)impose monetary and/or time limits on the provision of legal and procedural information free of charge referred to in Article                        19 and on the provision of free legal assistance and representation referred to in Article 20, provided that such limits do                        not arbitrarily restrict access to the provision of legal and procedural information and legal assistance and representation;                  

(b)provide that, as regards fees and other costs, the treatment of applicants shall not be more favourable than the treatment                        generally accorded to their nationals in matters pertaining to legal assistance.                  

5.Member States may demand to be reimbursed wholly or partially for any costs granted if and when the applicant’s financial                        situation has improved considerably or if the decision to grant such costs was taken on the basis of false information supplied                        by the applicant.                  

### Article 22U.K.Right to legal assistance and representation at all stages of the procedure

1.Applicants shall be given the opportunity to consult, at their own cost, in an effective manner a legal adviser or other counsellor,                        admitted or permitted as such under national law, on matters relating to their applications for international protection,                        at all stages of the procedure, including following a negative decision.                  

2.Member States may allow non-governmental organisations to provide legal assistance and/or representation to applicants in                        the procedures provided for in Chapter III and Chapter V in accordance with national law.                  

### Article 23U.K.Scope of legal assistance and representation

1.Member States shall ensure that a legal adviser or other counsellor admitted or permitted as such under national law, who                        assists or represents an applicant under the terms of national law, shall enjoy access to the information in the applicant’s                        file upon the basis of which a decision is or will be made.                  

Member States may make an exception where disclosure of information or sources would jeopardise national security, the security                     of the organisations or person(s) providing the information or the security of the person(s) to whom the information relates                     or where the investigative interests relating to the examination of applications for international protection by the competent                     authorities of the Member States or the international relations of the Member States would be compromised. In such cases,                     Member States shall:                  

(a)make access to such information or sources available to the authorities referred to in Chapter V; and                  

(b)establish in national law procedures guaranteeing that the applicant’s rights of defence are respected.                  

In respect of point (b), Member States may, in particular, grant access to such information or sources to a legal adviser                     or other counsellor who has undergone a security check, insofar as the information is relevant for examining the application                     or for taking a decision to withdraw international protection.                  

2.Member States shall ensure that the legal adviser or other counsellor who assists or represents an applicant has access to                        closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance                        with Article 10(4) and Article 18(2)(b) and (c) of Directive 2013/33/EU.                  

3.Member States shall allow an applicant to bring to the personal interview a legal adviser or other counsellor admitted or                        permitted as such under national law.                  

Member States may stipulate that the legal adviser or other counsellor may only intervene at the end of the personal interview.

4.Without prejudice to this Article or to Article 25(1)(b), Member States may provide rules covering the presence of legal advisers                        or other counsellors at all interviews in the procedure.                  

Member States may require the presence of the applicant at the personal interview, even if he or she is represented under                     the terms of national law by a legal adviser or counsellor, and may require the applicant to respond in person to the questions                     asked.                  

Without prejudice to Article 25(1)(b), the absence of a legal adviser or other counsellor shall not prevent the competent                     authority from conducting a personal interview with the applicant.                  

### Article 24U.K.Applicants in need of special procedural guarantees

1.Member States shall assess within a reasonable period of time after an application for international protection is made whether                        the applicant is an applicant in need of special procedural guarantees.                  

2.The assessment referred to in paragraph 1 may be integrated into existing national procedures and/or into the assessment referred                        to in Article 22 of Directive 2013/33/EU and need not take the form of an administrative procedure.                  

3.Member States shall ensure that where applicants have been identified as applicants in need of special procedural guarantees,                        they are provided with adequate support in order to allow them to benefit from the rights and comply with the obligations                        of this Directive throughout the duration of the asylum procedure.                  

Where such adequate support cannot be provided within the framework of the procedures referred to in Article 31(8) and Article                     43, in particular where Member States consider that the applicant is in need of special procedural guarantees as a result                     of torture, rape or other serious forms of psychological, physical or sexual violence, Member States shall not apply, or shall                     cease to apply, Article 31(8) and Article 43. Where Member States apply Article 46(6) to applicants to whom Article 31(8)                     and Article 43 cannot be applied pursuant to this subparagraph, Member States shall provide at least the guarantees provided                     for in Article 46(7).                  

4.Member States shall ensure that the need for special procedural guarantees is also addressed, in accordance with this Directive,                        where such a need becomes apparent at a later stage of the procedure, without necessarily restarting the procedure.                  

### Article 25U.K.Guarantees for unaccompanied minors

1.With respect to all procedures provided for in this Directive and without prejudice to the provisions of Articles 14 to 17,                        Member States shall:                  

(a)take measures as soon as possible to ensure that a representative represents and assists the unaccompanied minor to enable                        him or her to benefit from the rights and comply with the obligations provided for in this Directive. The unaccompanied minor                        shall be informed immediately of the appointment of a representative. The representative shall perform his or her duties in                        accordance with the principle of the best interests of the child and shall have the necessary expertise to that end. The person                        acting as representative shall be changed only when necessary. Organisations or individuals whose interests conflict or could                        potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives. The representative                        may also be the representative referred to in Directive 2013/33/EU;                  

(b)ensure that the representative is given the opportunity to inform the unaccompanied minor about the meaning and possible consequences                        of the personal interview and, where appropriate, how to prepare himself or herself for the personal interview. Member States                        shall ensure that a representative and/or a legal adviser or other counsellor admitted or permitted as such under national                        law are present at that interview and have an opportunity to ask questions or make comments, within the framework set by the                        person who conducts the interview.                  

Member States may require the presence of the unaccompanied minor at the personal interview, even if the representative is                     present.                  

2.Member States may refrain from appointing a representative where the unaccompanied minor will in all likelihood reach the                        age of 18 before a decision at first instance is taken.                  

3.Member States shall ensure that:                  

(a)if an unaccompanied minor has a personal interview on his or her application for international protection as referred to in                        Articles 14 to 17 and 34, that interview is conducted by a person who has the necessary knowledge of the special needs of                        minors;                  

(b)an official with the necessary knowledge of the special needs of minors prepares the decision by the determining authority                        on the application of an unaccompanied minor.                  

4.Unaccompanied minors and their representatives shall be provided, free of charge, with legal and procedural information as                        referred to in Article 19 also in the procedures for the withdrawal of international protection provided for in Chapter IV.                  

5.Member States may use medical examinations to determine the age of unaccompanied minors within the framework of the examination                        of an application for international protection where, following general statements or other relevant indications, Member States                        have doubts concerning the applicant’s age. If, thereafter, Member States are still in doubt concerning the applicant’s age,                        they shall assume that the applicant is a minor.                  

Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination                     and shall be carried out by qualified medical professionals allowing, to the extent possible, for a reliable result.                  

Where medical examinations are used, Member States shall ensure that:

(a)unaccompanied minors are informed prior to the examination of their application for international protection, and in a language                        that they understand or are reasonably supposed to understand, of the possibility that their age may be determined by medical                        examination. This shall include information on the method of examination and the possible consequences of the result of the                        medical examination for the examination of the application for international protection, as well as the consequences of refusal                        on the part of the unaccompanied minor to undergo the medical examination;                  

(b)unaccompanied minors and/or their representatives consent to a medical examination being carried out to determine the age                        of the minors concerned; and                  

(c)the decision to reject an application for international protection by an unaccompanied minor who refused to undergo a medical                        examination shall not be based solely on that refusal.                  

The fact that an unaccompanied minor has refused to undergo a medical examination shall not prevent the determining authority                     from taking a decision on the application for international protection.                  

6.The best interests of the child shall be a primary consideration for Member States when implementing this Directive.                  

Where Member States, in the course of the asylum procedure, identify a person as an unaccompanied minor, they may:

(a)apply or continue to apply Article 31(8) only if:                  

the applicant comes from a country which satisfies the criteria to be considered a safe country of origin within the meaning                              of this Directive; or                           

the applicant has introduced a subsequent application for international protection that is not inadmissible in accordance                              with Article 40(5); or                           

the applicant may for serious reasons be considered a danger to the national security or public order of the Member State,                              or the applicant has been forcibly expelled for serious reasons of public security or public order under national law;                           

(b)apply or continue to apply Article 43, in accordance with Articles 8 to 11 of Directive 2013/33/EU, only if:                  

the applicant comes from a country which satisfies the criteria to be considered a safe country of origin within the meaning                              of this Directive; or                           

the applicant has introduced a subsequent application; or

the applicant may for serious reasons be considered a danger to the national security or public order of the Member State,                              or the applicant has been forcibly expelled for serious reasons of public security or public order under national law; or                           

there are reasonable grounds to consider that a country which is not a Member State is a safe third country for the applicant,                              pursuant to Article 38; or                           

the applicant has misled the authorities by presenting false documents; or

in bad faith, the applicant has destroyed or disposed of an identity or travel document that would have helped establish his                              or her identity or nationality.                           

Member States may apply points (v) and (vi) only in individual cases where there are serious grounds for considering that                     the applicant is attempting to conceal relevant elements which would likely lead to a negative decision and provided that                     the applicant has been given full opportunity, taking into account the special procedural needs of unaccompanied minors, to                     show good cause for the actions referred to in points (v) and (vi), including by consulting with his or her representative;                  

(c)consider the application to be inadmissible in accordance with Article 33(2)(c) if a country which is not a Member State is                        considered as a safe third country for the applicant pursuant to Article 38, provided that to do so is in the minor’s best                        interests;                  

(d)apply the procedure referred to in Article 20(3) where the minor’s representative has legal qualifications in accordance with                        national law.                  

Without prejudice to Article 41, in applying Article 46(6) to unaccompanied minors, Member States shall provide at least the                     guarantees provided for in Article 46(7) in all cases.                  

### Article 26U.K.Detention

1.Member States shall not hold a person in detention for the sole reason that he or she is an applicant. The grounds for and                        conditions of detention and the guarantees available to detained applicants shall be in accordance with Directive 2013/33/EU.                  

2.Where an applicant is held in detention, Member States shall ensure that there is a possibility of speedy judicial review                        in accordance with Directive 2013/33/EU.                  

### Article 27U.K.Procedure in the event of withdrawal of the application

1.Insofar as Member States provide for the possibility of explicit withdrawal of the application under national law, when an                        applicant explicitly withdraws his or her application for international protection, Member States shall ensure that the determining                        authority takes a decision either to discontinue the examination or to reject the application.                  

2.Member States may also decide that the determining authority may decide to discontinue the examination without taking a decision.                        In that case, Member States shall ensure that the determining authority enters a notice in the applicant’s file.                  

### Article 28U.K.Procedure in the event of implicit withdrawal or abandonment of the application

1.When there is reasonable cause to consider that an applicant has implicitly withdrawn or abandoned his or her application,                        Member States shall ensure that the determining authority takes a decision either to discontinue the examination or, provided                        that the determining authority considers the application to be unfounded on the basis of an adequate examination of its substance                        in line with Article 4 of Directive 2011/95/EU, to reject the application.                  

Member States may assume that the applicant has implicitly withdrawn or abandoned his or her application for international                     protection in particular when it is ascertained that:                  

(a)he or she has failed to respond to requests to provide information essential to his or her application in terms of Article                        4 of Directive 2011/95/EU or has not appeared for a personal interview as provided for in Articles 14 to 17 of this Directive,                        unless the applicant demonstrates within a reasonable time that his or her failure was due to circumstances beyond his or                        her control;                  

(b)he or she has absconded or left without authorisation the place where he or she lived or was held, without contacting the                        competent authority within a reasonable time, or he or she has not within a reasonable time complied with reporting duties                        or other obligations to communicate, unless the applicant demonstrates that this was due to circumstances beyond his or her                        control.                  

For the purposes of implementing these provisions, Member States may lay down time limits or guidelines.

2.Member States shall ensure that an applicant who reports again to the competent authority after a decision to discontinue                        as referred to in paragraph 1 of this Article is taken, is entitled to request that his or her case be reopened or to make                        a new application which shall not be subject to the procedure referred to in Articles 40 and 41.                  

Member States may provide for a time limit of at least nine months after which the applicant’s case can no longer be reopened                     or the new application may be treated as a subsequent application and subject to the procedure referred to in Articles 40                     and 41. Member States may provide that the applicant’s case may be reopened only once.                  

Member States shall ensure that such a person is not removed contrary to the principle of *non*-*refoulement*.                  

Member States may allow the determining authority to resume the examination at the stage where it was discontinued.

3.This Article shall be without prejudice to Regulation (EU) No 604/2013.                  

### Article 29U.K.The role of UNHCR

1.Member States shall allow UNHCR:                  

(a)to have access to applicants, including those in detention, at the border and in the transit zones;                  

(b)to have access to information on individual applications for international protection, on the course of the procedure and                        on the decisions taken, provided that the applicant agrees thereto;                  

(c)to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any                        competent authorities regarding individual applications for international protection at any stage of the procedure.                  

2.Paragraph 1 shall also apply to an organisation which is working in the territory of the Member State concerned on behalf                        of UNHCR pursuant to an agreement with that Member State.                  

### Article 30U.K.Collection of information on individual cases

For the purposes of examining individual cases, Member States shall not:

disclose information regarding individual applications for international protection, or the fact that an application has been                              made, to the alleged actor(s) of persecution or serious harm;                           

obtain any information from the alleged actor(s) of persecution or serious harm in a manner that would result in such actor(s)                              being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the                              physical integrity of the applicant or his or her dependants, or the liberty and security of his or her family members still                              living in the country of origin.                           

## CHAPTER IIIU.K.**PROCEDURES AT FIRST INSTANCE**

### *SECTION I*U.K.

#### Article 31U.K.Examination procedure

1.Member States shall process applications for international protection in an examination procedure in accordance with the basic                        principles and guarantees of Chapter II.                  

2.Member States shall ensure that the examination procedure is concluded as soon as possible, without prejudice to an adequate                        and complete examination.                  

3.Member States shall ensure that the examination procedure is concluded within six months of the lodging of the application.                  

Where an application is subject to the procedure laid down in Regulation (EU) No 604/2013, the time limit of six months shall                     start to run from the moment the Member State responsible for its examination is determined in accordance with that Regulation,                     the applicant is on the territory of that Member State and has been taken in charge by the competent authority.                  

Member States may extend the time limit of six months set out in this paragraph for a period not exceeding a further nine                     months, where:                  

(a)complex issues of fact and/or law are involved;                  

(b)a large number of third-country nationals or stateless persons simultaneously apply for international protection, making it                        very difficult in practice to conclude the procedure within the six-month time limit;                  

(c)where the delay can clearly be attributed to the failure of the applicant to comply with his or her obligations under Article                        13.                  

By way of exception, Member States may, in duly justified circumstances, exceed the time limits laid down in this paragraph                     by a maximum of three months where necessary in order to ensure an adequate and complete examination of the application for                     international protection.                  

4.Without prejudice to Articles 13 and 18 of Directive 2011/95/EU, Member States may postpone concluding the examination procedure                        where the determining authority cannot reasonably be expected to decide within the time-limits laid down in paragraph 3 due                        to an uncertain situation in the country of origin which is expected to be temporary. In such a case, Member States shall:                  

(a)conduct reviews of the situation in that country of origin at least every six months;                  

(b)inform the applicants concerned within a reasonable time of the reasons for the postponement;                  

(c)inform the Commission within a reasonable time of the postponement of procedures for that country of origin.                  

5.In any event, Member States shall conclude the examination procedure within a maximum time limit of 21 months from the lodging                        of the application.                  

6.Member States shall ensure that, where a decision cannot be taken within six months, the applicant concerned shall:                  

(a)be informed of the delay; and                  

(b)receive, upon his or her request, information on the reasons for the delay and the time-frame within which the decision on                        his or her application is to be expected.                  

7.Member States may prioritise an examination of an application for international protection in accordance with the basic principles                        and guarantees of Chapter II in particular:                  

(a)where the application is likely to be well-founded;                  

(b)where the applicant is vulnerable, within the meaning of Article 22 of Directive 2013/33/EU, or is in need of special procedural                        guarantees, in particular unaccompanied minors.                  

8.Member States may provide that an examination procedure in accordance with the basic principles and guarantees of Chapter                        II be accelerated and/or conducted at the border or in transit zones in accordance with Article 43 if:                  

(a)the applicant, in submitting his or her application and presenting the facts, has only raised issues that are not relevant                        to the examination of whether he or she qualifies as a beneficiary of international protection by virtue of Directive 2011/95/EU;                        or                  

(b)the applicant is from a safe country of origin within the meaning of this Directive; or                  

(c)the applicant has misled the authorities by presenting false information or documents or by withholding relevant information                        or documents with respect to his or her identity and/or nationality that could have had a negative impact on the decision;                        or                  

(d)it is likely that, in bad faith, the applicant has destroyed or disposed of an identity or travel document that would have                        helped establish his or her identity or nationality; or                  

(e)the applicant has made clearly inconsistent and contradictory, clearly false or obviously improbable representations which                        contradict sufficiently verified country-of-origin information, thus making his or her claim clearly unconvincing in relation                        to whether he or she qualifies as a beneficiary of international protection by virtue of Directive 2011/95/EU; or                  

(f)the applicant has introduced a subsequent application for international protection that is not inadmissible in accordance                        with Article 40(5); or                  

(g)the applicant is making an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision                        which would result in his or her removal; or                  

(h)the applicant entered the territory of the Member State unlawfully or prolonged his or her stay unlawfully and, without good                        reason, has either not presented himself or herself to the authorities or not made an application for international protection                        as soon as possible, given the circumstances of his or her entry; or                  

(i)the applicant refuses to comply with an obligation to have his or her fingerprints taken in accordance with Regulation (EU)                        No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of Eurodac for the comparison                        of fingerprints for the effective application of Regulation (EU) No 604/2013 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 and on requests for the comparison with Eurodac data by Member States’                        law enforcement authorities and Europol for law enforcement purposes(12); or                  

(j)the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member State,                        or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.                  

9.Member States shall lay down time limits for the adoption of a decision in the procedure at first instance pursuant to paragraph                        8. Those time limits shall be reasonable.                  

Without prejudice to paragraphs 3 to 5, Member States may exceed those time limits where necessary in order to ensure an adequate                     and complete examination of the application for international protection.                  

#### Article 32U.K.Unfounded applications

1.Without prejudice to Article 27, Member States may only consider an application to be unfounded if the determining authority                        has established that the applicant does not qualify for international protection pursuant to Directive 2011/95/EU.                  

2.In cases of unfounded applications in which any of the circumstances listed in Article 31(8) apply, Member States may also                        consider an application to be manifestly unfounded, where it is defined as such in the national legislation.                  

### *SECTION II*U.K.

#### Article 33U.K.Inadmissible applications

1.In addition to cases in which an application is not examined in accordance with Regulation (EU) No 604/2013, Member States                        are not required to examine whether the applicant qualifies for international protection in accordance with Directive 2011/95/EU                        where an application is considered inadmissible pursuant to this Article.                  

2.Member States may consider an application for international protection as inadmissible only if:                  

(a)another Member State has granted international protection;                  

(b)a country which is not a Member State is considered as a first country of asylum for the applicant, pursuant to Article 35;                  

(c)a country which is not a Member State is considered as a safe third country for the applicant, pursuant to Article 38;                  

(d)the application is a subsequent application, where no new elements or findings relating to the examination of whether the                        applicant qualifies as a beneficiary of international protection by virtue of Directive 2011/95/EU have arisen or have been                        presented by the applicant; or                  

(e)a dependant of the applicant lodges an application, after he or she has in accordance with Article 7(2) consented to have                        his or her case be part of an application lodged on his or her behalf, and there are no facts relating to the dependant’s                        situation which justify a separate application.                  

#### Article 34U.K.Special rules on an admissibility interview

1.Member States shall allow applicants to present their views with regard to the application of the grounds referred to in Article                        33 in their particular circumstances before the determining authority decides on the admissibility of an application for international                        protection. To that end, Member States shall conduct a personal interview on the admissibility of the application. Member                        States may make an exception only in accordance with Article 42 in the case of a subsequent application.                  

This paragraph shall be without prejudice to Article 4(2)(a) of this Directive and to Article 5 of Regulation (EU) No 604/2013.

2.Member States may provide that the personnel of authorities other than the determining authority conduct the personal interview                        on the admissibility of the application for international protection. In such cases, Member States shall ensure that such                        personnel receive in advance the necessary basic training, in particular with respect to international human rights law, the                        Union asylum *acquis* and interview techniques.                  

### *SECTION III*U.K.

#### Article 35U.K.The concept of first country of asylum

A country can be considered to be a first country of asylum for a particular applicant if:

he or she has been recognised in that country as a refugee and he or she can still avail himself/herself of that protection;                              or                           

he or she otherwise enjoys sufficient protection in that country, including benefiting from the principle of *non-refoulement*,                           

provided that he or she will be readmitted to that country.

In applying the concept of first country of asylum to the particular circumstances of an applicant, Member States may take                     into account Article 38(1). The applicant shall be allowed to challenge the application of the first country of asylum concept                     to his or her particular circumstances.                  

#### Article 36U.K.The concept of safe country of origin

1.A third country designated as a safe country of origin in accordance with this Directive may, after an individual examination                        of the application, be considered as a safe country of origin for a particular applicant only if:                  

(a)he or she has the nationality of that country; or                  

(b)he or she is a stateless person and was formerly habitually resident in that country,                  

and he or she has not submitted any serious grounds for considering the country not to be a safe country of origin in his                     or her particular circumstances and in terms of his or her qualification as a beneficiary of international protection in accordance                     with Directive 2011/95/EU.                  

2.Member States shall lay down in national legislation further rules and modalities for the application of the safe country                        of origin concept.                  

#### Article 37U.K.National designation of third countries as safe countries of origin

1.Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of                        safe countries of origin for the purposes of examining applications for international protection.                  

2.Member States shall regularly review the situation in third countries designated as safe countries of origin in accordance                        with this Article.                  

3.The assessment of whether a country is a safe country of origin in accordance with this Article shall be based on a range                        of sources of information, including in particular information from other Member States, EASO, UNHCR, the Council of Europe                        and other relevant international organisations.                  

4.Member States shall notify to the Commission the countries that are designated as safe countries of origin in accordance with                        this Article.                  

#### Article 38U.K.The concept of safe third country

1.Member States may apply the safe third country concept only where the competent authorities are satisfied that a person seeking                        international protection will be treated in accordance with the following principles in the third country concerned:                  

(a)life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or                        political opinion;                  

(b)there is no risk of serious harm as defined in Directive 2011/95/EU;                  

(c)the principle of *non-refoulement* in accordance with the Geneva Convention is respected;                  

(d)the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as                        laid down in international law, is respected; and                  

(e)the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the                        Geneva Convention.                  

2.The application of the safe third country concept shall be subject to rules laid down in national law, including:                  

(a)rules requiring a connection between the applicant and the third country concerned on the basis of which it would be reasonable                        for that person to go to that country;                  

(b)rules on the methodology by which the competent authorities satisfy themselves that the safe third country concept may be                        applied to a particular country or to a particular applicant. Such methodology shall include case-by-case consideration of                        the safety of the country for a particular applicant and/or national designation of countries considered to be generally safe;                  

(c)rules in accordance with international law, allowing an individual examination of whether the third country concerned is safe                        for a particular applicant which, as a minimum, shall permit the applicant to challenge the application of the safe third                        country concept on the grounds that the third country is not safe in his or her particular circumstances. The applicant shall                        also be allowed to challenge the existence of a connection between him or her and the third country in accordance with point                        (a).                  

3.When implementing a decision solely based on this Article, Member States shall:                  

(a)inform the applicant accordingly; and                  

(b)provide him or her with a document informing the authorities of the third country, in the language of that country, that the                        application has not been examined in substance.                  

4.Where the third country does not permit the applicant to enter its territory, Member States shall ensure that access to a                        procedure is given in accordance with the basic principles and guarantees described in Chapter II.                  

5.Member States shall inform the Commission periodically of the countries to which this concept is applied in accordance with                        the provisions of this Article.                  

#### Article 39U.K.The concept of European safe third country

1.Member States may provide that no, or no full, examination of the application for international protection and of the safety                        of the applicant in his or her particular circumstances as described in Chapter II shall take place in cases where a competent                        authority has established, on the basis of the facts, that the applicant is seeking to enter or has entered illegally into                        its territory from a safe third country according to paragraph 2.                  

2.A third country can only be considered as a safe third country for the purposes of paragraph 1 where:                  

(a)it has ratified and observes the provisions of the Geneva Convention without any geographical limitations;                  

(b)it has in place an asylum procedure prescribed by law; and                  

(c)it has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and observes its provisions,                        including the standards relating to effective remedies.                  

3.The applicant shall be allowed to challenge the application of the concept of European safe third country on the grounds that                        the third country concerned is not safe in his or her particular circumstances.                  

4.The Member States concerned shall lay down in national law the modalities for implementing the provisions of paragraph 1 and                        the consequences of decisions pursuant to those provisions in accordance with the principle of *non-refoulement*, including providing for exceptions from the application of this Article for humanitarian or political reasons or for reasons                        of public international law.                  

5.When implementing a decision solely based on this Article, the Member States concerned shall:                  

(a)inform the applicant accordingly; and                  

(b)provide him or her with a document informing the authorities of the third country, in the language of that country, that the                        application has not been examined in substance.                  

6.Where the safe third country does not readmit the applicant, Member States shall ensure that access to a procedure is given                        in accordance with the basic principles and guarantees described in Chapter II.                  

7.Member States shall inform the Commission periodically of the countries to which this concept is applied in accordance with                        this Article.                  

### *SECTION IV*U.K.

#### Article 40U.K.Subsequent application

1.Where a person who has applied for international protection in a Member State makes further representations or a subsequent                        application in the same Member State, that Member State shall examine these further representations or the elements of the                        subsequent application in the framework of the examination of the previous application or in the framework of the examination                        of the decision under review or appeal, insofar as the competent authorities can take into account and consider all the elements                        underlying the further representations or subsequent application within this framework.                  

2.For the purpose of taking a decision on the admissibility of an application for international protection pursuant to Article                        33(2)(d), a subsequent application for international protection shall be subject first to a preliminary examination as to                        whether new elements or findings have arisen or have been presented by the applicant which relate to the examination of whether                        the applicant qualifies as a beneficiary of international protection by virtue of Directive 2011/95/EU.                  

3.If the preliminary examination referred to in paragraph 2 concludes that new elements or findings have arisen or been presented                        by the applicant which significantly add to the likelihood of the applicant qualifying as a beneficiary of international protection                        by virtue of Directive 2011/95/EU, the application shall be further examined in conformity with Chapter II. Member States                        may also provide for other reasons for a subsequent application to be further examined.                  

4.Member States may provide that the application will only be further examined if the applicant concerned was, through no fault                        of his or her own, incapable of asserting the situations set forth in paragraphs 2 and 3 of this Article in the previous procedure,                        in particular by exercising his or her right to an effective remedy pursuant to Article 46.                  

5.When a subsequent application is not further examined pursuant to this Article, it shall be considered inadmissible, in accordance                        with Article 33(2)(d).                  

6.The procedure referred to in this Article may also be applicable in the case of:                  

(a)a dependant who lodges an application after he or she has, in accordance with Article 7(2), consented to have his or her case                        be part of an application lodged on his or her behalf; and/or                  

(b)an unmarried minor who lodges an application after an application has been lodged on his or her behalf pursuant to Article                        7(5)(c).                  

In those cases, the preliminary examination referred to in paragraph 2 will consist of examining whether there are facts relating                     to the dependant’s or the unmarried minor’s situation which justify a separate application.                  

7.Where a person with regard to whom a transfer decision has to be enforced pursuant to Regulation (EU) No 604/2013 makes further                        representations or a subsequent application in the transferring Member State, those representations or subsequent applications                        shall be examined by the responsible Member State, as defined in that Regulation, in accordance with this Directive.                  

#### Article 41U.K.Exceptions from the right to remain in case of subsequent applications

1.Member States may make an exception from the right to remain in the territory where a person:                  

(a)has lodged a first subsequent application, which is not further examined pursuant to Article 40(5), merely in order to delay                        or frustrate the enforcement of a decision which would result in his or her imminent removal from that Member State; or                  

(b)makes another subsequent application in the same Member State, following a final decision considering a first subsequent application                        inadmissible pursuant to Article 40(5) or after a final decision to reject that application as unfounded.                  

Member States may make such an exception only where the determining authority considers that a return decision will not lead                     to direct or indirect *refoulement* in violation of that Member State’s international and Union obligations.                  

2.In cases referred to in paragraph 1, Member States may also:                  

(a)derogate from the time limits normally applicable in accelerated procedures, in accordance with national law, when the examination                        procedure is accelerated in accordance with Article 31(8)(g);                  

(b)derogate from the time limits normally applicable to admissibility procedures provided for in Articles 33 and 34, in accordance                        with national law; and/or                  

(c)derogate from Article 46(8).                  

#### Article 42U.K.Procedural rules

1.Member States shall ensure that applicants whose application is subject to a preliminary examination pursuant to Article 40                        enjoy the guarantees provided for in Article 12(1).                  

2.Member States may lay down in national law rules on the preliminary examination pursuant to Article 40. Those rules may, inter                        alia:                  

(a)oblige the applicant concerned to indicate facts and substantiate evidence which justify a new procedure;                  

(b)permit the preliminary examination to be conducted on the sole basis of written submissions without a personal interview,                        with the exception of the cases referred to in Article 40(6).                  

Those rules shall not render impossible the access of applicants to a new procedure or result in the effective annulment or                     severe curtailment of such access.                  

3.Member States shall ensure that the applicant is informed in an appropriate manner of the outcome of the preliminary examination                        and, if the application is not to be further examined, of the reasons why and the possibilities for seeking an appeal or review                        of the decision.                  

### *SECTION V*U.K.

#### Article 43U.K.Border procedures

1.Member States may provide for procedures, in accordance with the basic principles and guarantees of Chapter II, in order to                        decide at the border or transit zones of the Member State on:                  

(a)the admissibility of an application, pursuant to Article 33, made at such locations; and/or                  

(b)the substance of an application in a procedure pursuant to Article 31(8).                  

2.Member States shall ensure that a decision in the framework of the procedures provided for in paragraph 1 is taken within                        a reasonable time. When a decision has not been taken within four weeks, the applicant shall be granted entry to the territory                        of the Member State in order for his or her application to be processed in accordance with the other provisions of this Directive.                  

3.In the event of arrivals involving a large number of third-country nationals or stateless persons lodging applications for                        international protection at the border or in a transit zone, which makes it impossible in practice to apply there the provisions                        of paragraph 1, those procedures may also be applied where and for as long as these third-country nationals or stateless persons                        are accommodated normally at locations in proximity to the border or transit zone.                  

## CHAPTER IVU.K.**PROCEDURES FOR THE WITHDRAWAL OF INTERNATIONAL PROTECTION**

### Article 44U.K.Withdrawal of international protection

Member States shall ensure that an examination to withdraw international protection from a particular person may commence                     when new elements or findings arise indicating that there are reasons to reconsider the validity of his or her international                     protection.                  

### Article 45U.K.Procedural rules

1.Member States shall ensure that, where the competent authority is considering withdrawing international protection from a                        third-country national or stateless person in accordance with Article 14 or 19 of Directive 2011/95/EU, the person concerned                        enjoys the following guarantees:                  

(a)to be informed in writing that the competent authority is reconsidering his or her qualification as a beneficiary of international                        protection and the reasons for such a reconsideration; and                  

(b)to be given the opportunity to submit, in a personal interview in accordance with Article 12(1)(b) and Articles 14 to 17 or                        in a written statement, reasons as to why his or her international protection should not be withdrawn.                  

2.In addition, Member States shall ensure that within the framework of the procedure set out in paragraph 1:                  

(a)the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate,                        from EASO and UNHCR, as to the general situation prevailing in the countries of origin of the persons concerned; and                  

(b)where information on an individual case is collected for the purposes of reconsidering international protection, it is not                        obtained from the actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed                        of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration,                        or jeopardise the physical integrity of the person or his or her dependants, or the liberty and security of his or her family                        members still living in the country of origin.                  

3.Member States shall ensure that the decision of the competent authority to withdraw international protection is given in writing.                        The reasons in fact and in law shall be stated in the decision and information on how to challenge the decision shall be given                        in writing.                  

4.Once the competent authority has taken the decision to withdraw international protection, Article 20, Article 22, Article                        23(1) and Article 29 are equally applicable.                  

5.By way of derogation from paragraphs 1 to 4 of this Article, Member States may decide that international protection shall                        lapse by law where the beneficiary of international protection has unequivocally renounced his or her recognition as such.                        A Member State may also provide that international protection shall lapse by law where the beneficiary of international protection                        has become a national of that Member State.                  

## CHAPTER VU.K.**APPEALS PROCEDURES**

### Article 46U.K.The right to an effective remedy

1.Member States shall ensure that applicants have the right to an effective remedy before a court or tribunal, against the following:                  

(a)a decision taken on their application for international protection, including a decision:                  

considering an application to be unfounded in relation to refugee status and/or subsidiary protection status;

considering an application to be inadmissible pursuant to Article 33(2);

taken at the border or in the transit zones of a Member State as described in Article 43(1);

not to conduct an examination pursuant to Article 39;

(b)a refusal to reopen the examination of an application after its discontinuation pursuant to Articles 27 and 28;                  

(c)a decision to withdraw international protection pursuant to Article 45.                  

2.Member States shall ensure that persons recognised by the determining authority as eligible for subsidiary protection have                        the right to an effective remedy pursuant to paragraph 1 against a decision considering an application unfounded in relation                        to refugee status.                  

Without prejudice to paragraph 1(c), where the subsidiary protection status granted by a Member State offers the same rights                     and benefits as those offered by the refugee status under Union and national law, that Member State may consider an appeal                     against a decision considering an application unfounded in relation to refugee status inadmissible on the grounds of insufficient                     interest on the part of the applicant in maintaining the proceedings.                  

3.In order to comply with paragraph 1, Member States shall ensure that an effective remedy provides for a full and *ex nunc* examination of both facts and points of law, including, where applicable, an examination of the international protection                        needs pursuant to Directive 2011/95/EU, at least in appeals procedures before a court or tribunal of first instance.                  

4.Member States shall provide for reasonable time limits and other necessary rules for the applicant to exercise his or her                        right to an effective remedy pursuant to paragraph 1. The time limits shall not render such exercise impossible or excessively                        difficult.                  

Member States may also provide for an *ex officio* review of decisions taken pursuant to Article 43.                  

5.Without prejudice to paragraph 6, Member States shall allow applicants to remain in the territory until the time limit within                        which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time                        limit, pending the outcome of the remedy.                  

6.In the case of a decision:                  

(a)considering an application to be manifestly unfounded in accordance with Article 32(2) or unfounded after examination in accordance                        with Article 31(8), except for cases where these decisions are based on the circumstances referred to in Article 31(8)(h);                  

(b)considering an application to be inadmissible pursuant to Article 33(2)(a), (b) or (d);                  

(c)rejecting the reopening of the applicant’s case after it has been discontinued according to Article 28; or                  

(d)not to examine or not to examine fully the application pursuant to Article 39,                  

a court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the Member State,                     either upon the applicant’s request or acting *ex officio*, if such a decision results in ending the applicant’s right to remain in the Member State and where in such cases the right                     to remain in the Member State pending the outcome of the remedy is not provided for in national law.                  

7.Paragraph 6 shall only apply to procedures referred to in Article 43 provided that:                  

(a)the applicant has the necessary interpretation, legal assistance and at least one week to prepare the request and submit to                        the court or tribunal the arguments in favour of granting him or her the right to remain on the territory pending the outcome                        of the remedy; and                  

(b)in the framework of the examination of the request referred to in paragraph 6, the court or tribunal examines the negative                        decision of the determining authority in terms of fact and law.                  

If the conditions referred to in points (a) and (b) are not met, paragraph 5 shall apply.

8.Member States shall allow the applicant to remain in the territory pending the outcome of the procedure to rule whether or                        not the applicant may remain on the territory, laid down in paragraphs 6 and 7.                  

9.Paragraphs 5, 6 and 7 shall be without prejudice to Article 26 of Regulation (EU) No 604/2013.                  

10.Member States may lay down time limits for the court or tribunal pursuant to paragraph 1 to examine the decision of the determining                        authority.                  

11.Member States may also lay down in national legislation the conditions under which it can be assumed that an applicant has                        implicitly withdrawn or abandoned his or her remedy pursuant to paragraph 1, together with the rules on the procedure to be                        followed.                  

## CHAPTER VIU.K.**GENERAL AND FINAL PROVISIONS**

### Article 47U.K.Challenge by public authorities

This Directive does not affect the possibility for public authorities of challenging the administrative and/or judicial decisions                     as provided for in national legislation.                  

### Article 48U.K.Confidentiality

Member States shall ensure that authorities implementing this Directive are bound by the confidentiality principle as defined                     in national law, in relation to any information they obtain in the course of their work.                  

### Article 49U.K.Cooperation

Member States shall each appoint a national contact point and communicate its address to the Commission. The Commission shall                     communicate that information to the other Member States.                  

Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an                     exchange of information between the competent authorities.                  

When resorting to the measures referred to in Article 6(5), the second subparagraph of Article 14(1) and Article 31(3)(b),                     Member States shall inform the Commission as soon as the reasons for applying those exceptional measures have ceased to exist                     and at least on an annual basis. That information shall, where possible, include data on the percentage of the applications                     for which derogations were applied to the total number of applications processed during that period.                  

### Article 50U.K.Report

No later than 20 July 2017, the Commission shall report to the European Parliament and the Council on the application of this                     Directive in the Member States and shall propose any amendments that are necessary. Member States shall send to the Commission                     all the information that is appropriate for drawing up its report. After presenting the report, the Commission shall report                     to the European Parliament and the Council on the application of this Directive in the Member States at least every five years.                  

As part of the first report, the Commission shall also report, in particular, on the application of Article 17 and the various                     tools used in relation to the reporting of the personal interview.                  

### Article 51U.K.Transposition

1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles                        1 to 30, Article 31(1), (2) and (6) to (9), Articles 32 to 46, Articles 49 and 50 and Annex I by 20 July 2015 at the latest.                        They shall forthwith communicate the text of those measures to the Commission.                  

2.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article                        31(3), (4) and (5) by 20 July 2018. They shall forthwith communicate the text of those measures to the Commission.                  

3.When Member States adopt the provisions referred to in paragraphs 1 and 2, they shall contain a reference to this Directive                        or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that                        references in existing laws, regulations and administrative provisions to the directive repealed by this Directive shall be                        construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement                        is to be formulated.                  

4.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the                        field covered by this Directive.                  

### Article 52U.K.Transitional provisions

Member States shall apply the laws, regulations and administrative provisions referred to in Article 51(1) to applications                     for international protection lodged and to procedures for the withdrawal of international protection started after 20 July                     2015 or an earlier date. Applications lodged before 20 July 2015 and procedures for the withdrawal of refugee status started                     before that date shall be governed by the laws, regulations and administrative provisions adopted pursuant to Directive 2005/85/EC.                  

Member States shall apply the laws, regulations and administrative provisions referred to in Article 51(2) to applications                     for international protection lodged after 20 July 2018 or an earlier date. Applications lodged before that date shall be governed                     by the laws, regulations and administrative provisions in accordance with Directive 2005/85/EC.                  

### Article 53U.K.Repeal

Directive 2005/85/EC is repealed for the Member States bound by this Directive with effect from 21 July 2015, without prejudice                     to the obligations of the Member States relating to the time limit for transposition into national law of the Directive set                     out in Annex II, Part B.                  

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with                     the correlation table in Annex III.                  

### Article 54U.K.Entry into force and application

This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

Articles 47 and 48 shall apply from 21 July 2015.

### Article 55U.K.Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at Brussels, 26 June 2013.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

A. Shatter                            

## ANNEX IU.K.**Designation of safe countries of origin for the purposes of Article 37(1)**

A country is considered as a safe country of origin where, on the basis of the legal situation, the application of the law                     within a democratic system and the general political circumstances, it can be shown that there is generally and consistently                     no persecution as defined in Article 9 of Directive 2011/95/EU, no torture or inhuman or degrading treatment or punishment                     and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.                  

In making this assessment, account shall be taken, inter alia, of the extent to which protection is provided against persecution                     or mistreatment by:                  

the relevant laws and regulations of the country and the manner in which they are applied;

observance of the rights and freedoms laid down in the European Convention for the Protection of Human Rights and Fundamental                              Freedoms and/or the International Covenant for Civil and Political Rights and/or the United Nations Convention against Torture,                              in particular the rights from which derogation cannot be made under Article 15(2) of the said European Convention;                           

respect for the *non-refoulement* principle in accordance with the Geneva Convention;                           

provision for a system of effective remedies against violations of those rights and freedoms.

## ANNEX IIU.K.

## PART AU.K.

### **Repealed Directive**(referred to in Article 53)U.K.

## PART BU.K.

### **Time limit for transposition into national law**(referred to in Article 51)U.K.

## ANNEX IIIU.K.

### **Correlation Table**

1

OJ C 24, 28.1.2012, p. 79.                           

2

Position of the European Parliament of 6 April 2011 (OJ C 296 E, 2.10.2012, p. 184) and position of the Council at first reading of 6 June 2013 (not yet published in the Official Journal). Position of the                              European Parliament of 10 June 2013 (not yet published in the Official Journal).                           

3

OJ L 326, 13.12.2005, p. 13.                           

4

OJ L 337, 20.12.2011, p. 9.                           

5

See page 96 of this Official Journal.

6

OJ L 132, 29.5.2010, p. 11.                           

7

OJ L 281, 23.11.1995, p. 31.                           

8

See page 31 of this Official Journal.

9

OJ C 369, 17.12.2011, p. 14.                           

10

OJ L 348, 24.12.2008, p. 98.                           

11

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between                              Member States (OJ L 190, 18.7.2002, p. 1).                           

12

See page 1 of this Official Journal.