# Regulation (EU) No 604/2013 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms            for determining the Member State responsible for examining an application for international protection lodged in one of the            Member States by a third-country national or a stateless person (recast)         

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# Regulation (EU) No 604/2013 of the European Parliament and of the Council

# of 26 June 2013

# establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international                        protection lodged in one of the Member States by a third-country national or a stateless person (recast)                     

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the Committee of the Regions(2),                        

Acting in accordance with the ordinary legislative procedure(3),                        

Whereas:

(1)A number of substantive changes are to be made to Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the                              criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of                              the Member States by a third-country national(4). In the interests of clarity, that Regulation should be recast.

(2)A common policy on asylum, including a Common European Asylum System (CEAS), is a constituent part of the European Union’s                              objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances,                              legitimately seek protection in the Union.

(3)The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work towards establishing the                              CEAS, based on the full and inclusive application of the Geneva Convention Relating to the Status of Refugees of 28 July 1951,                              as supplemented by the New York Protocol of 31 January 1967 (‘the Geneva Convention’), thus ensuring that nobody is sent back                              to persecution, i.e. maintaining the principle of *non-refoulement*. In this respect, and without the responsibility criteria laid down in this Regulation being affected, Member States, all                              respecting the principle of *non-refoulement*, are considered as safe countries for third-country nationals.

(4)The Tampere conclusions also stated that the CEAS should include, in the short-term, a clear and workable method for determining                              the Member State responsible for the examination of an asylum application.

(5)Such a method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should,                              in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to                              the procedures for granting international protection and not to compromise the objective of the rapid processing of applications                              for international protection.

(6)The first phase in the creation of a CEAS that should lead, in the longer term, to a common procedure and a uniform status,                              valid throughout the Union, for those granted international protection, has now been completed. The European Council of 4                              November 2004 adopted The Hague Programme which set the objectives to be implemented in the area of freedom, security and                              justice in the period 2005-2010. In this respect, The Hague Programme invited the European 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 with a view to their adoption before 2010.

(7)In the Stockholm Programme, the European Council reiterated its commitment to the objective of establishing a common area                              of protection and solidarity in accordance with Article 78 of the Treaty on the Functioning of the European Union (TFEU),                              for those granted international protection, by 2012 at the latest. Furthermore it emphasised that the Dublin system remains                              a cornerstone in building the CEAS, as it clearly allocates responsibility among Member States for the examination of applications                              for international protection.

(8)The resources of the European Asylum Support Office (EASO), established by Regulation (EU) No 439/2010 of the European Parliament                              and of the Council(5), should be available to provide adequate support to the relevant services of the Member States responsible for implementing                              this Regulation. In particular, EASO should provide solidarity measures, such as the Asylum Intervention Pool with asylum                              support teams, to assist those Member States which are faced with particular pressure and where applicants for international                              protection (‘applicants’) cannot benefit from adequate standards, in particular as regards reception and protection.

(9)In the light of the results of the evaluations undertaken of the implementation of the first-phase instruments, it is appropriate,                              at this stage, to confirm the principles underlying Regulation (EC) No 343/2003, while making the necessary improvements,                              in the light of experience, to the effectiveness of the Dublin system and the protection granted to applicants under that                              system. Given that a well-functioning Dublin system is essential for the CEAS, its principles and functioning should be reviewed                              as other components of the CEAS and Union solidarity tools are built up. A comprehensive ‘fitness check’ should be foreseen                              by conducting an evidence-based review covering the legal, economic and social effects of the Dublin system, including its                              effects on fundamental rights.

(10)In order to ensure equal treatment for all applicants and beneficiaries of international protection, and consistency with                              the current Union asylum *acquis*, in particular with 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(6), the scope of this Regulation encompasses applicants for subsidiary protection and persons eligible for subsidiary protection.

(11)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(7) should apply to the procedure for the determination of the Member State responsible as regulated under this Regulation, subject                              to the limitations in the application of that Directive.

(12)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(8) should apply in addition and without prejudice to the provisions concerning the procedural safeguards regulated under this                              Regulation, subject to the limitations in the application of that Directive.

(13)In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights                              of the European Union, the best interests of the child should be a primary consideration of Member States when applying this                              Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s                              well-being and social development, safety and security considerations and the views of the minor in accordance with his or                              her age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors                              should be laid down on account of their particular vulnerability.

(14)In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter                              of Fundamental Rights of the European Union, respect for family life should be a primary consideration of Member States when                              applying this Regulation.

(15)The processing together of the applications for international protection of the members of one family by a single Member State                              makes it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent                              and the members of one family are not separated.

(16)In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of                              a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy                              or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied                              minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her                              should also become a binding responsibility criterion.

(17)Any Member State should be able to derogate from the responsibility criteria, in particular on humanitarian and compassionate                              grounds, in order to bring together family members, relatives or any other family relations and examine an application for                              international protection lodged with it or with another Member State, even if such examination is not its responsibility under                              the binding criteria laid down in this Regulation.

(18)A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible                              for examining an application for international protection. As soon as the application for international protection is lodged,                              the applicant should be informed of the application of this Regulation and of the possibility, during the interview, of providing                              information regarding the presence of family members, relatives or any other family relations in the Member States, in order                              to facilitate the procedure for determining the Member State responsible.

(19)In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective                              remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in                              particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international                              law is respected, an effective remedy against such decisions should cover both the examination of the application of this                              Regulation and of the legal and factual situation in the Member State to which the applicant is transferred.

(20)The detention of applicants should be applied in accordance with the underlying principle that a person should not be held                              in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period                              as possible and subject to the principles of necessity and proportionality. In particular, the detention of applicants must                              be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of                              a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general                              guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions                              of Directive 2013/33/EU also to persons detained on the basis of this Regulation.

(21)Deficiencies in, or the collapse of, asylum systems, often aggravated or contributed to by particular pressures on them, can                              jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of a violation                              of the rights of applicants as set out in the Union asylum *acquis* and the Charter of Fundamental Rights of the European Union, other international human rights and refugee rights.

(22)A process for early warning, preparedness and management of asylum crises serving to prevent a deterioration in, or the collapse                              of, asylum systems, with EASO playing a key role using its powers under Regulation (EU) No 439/2010, should be established                              in order to ensure robust cooperation within the framework of this Regulation and to develop mutual trust among Member States                              with respect to asylum policy. Such a process should ensure that the Union is alerted as soon as possible when there is a                              concern that the smooth functioning of the system set up by this Regulation is being jeopardised as a result of particular                              pressure on, and/or deficiencies in, the asylum systems of one or more Member States. Such a process would allow the Union                              to promote preventive measures at an early stage and pay the appropriate political attention to such situations. Solidarity,                              which is a pivotal element in the CEAS, goes hand in hand with mutual trust. By enhancing such trust, the process for early                              warning, preparedness and management of asylum crises could improve the steering of concrete measures of genuine and practical                              solidarity towards Member States, in order to assist the affected Member States in general and the applicants in particular.                              In accordance with Article 80 TFEU, Union acts should, whenever necessary, contain appropriate measures to give effect to                              the principle of solidarity, and the process should be accompanied by such measures. The conclusions on a Common Framework                              for genuine and practical solidarity towards Member States facing particular pressures on their asylum systems, including                              through mixed migration flows, adopted by the Council on 8 March 2012, provide for a ‘tool box’ of existing and potential                              new measures, which should be taken into account in the context of a mechanism for early warning, preparedness and crisis                              management.

(23)Member States should collaborate with EASO in the gathering of information concerning their ability to manage particular pressure                              on their asylum and reception systems, in particular within the framework of the application of this Regulation. EASO should                              regularly report on the information gathered in accordance with Regulation (EU) No 439/2010.

(24)In accordance with Commission Regulation (EC) No 1560/2003(9), transfers to the Member State responsible for examining an application for international protection may be carried out on                              a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing                              adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner,                              in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking                              utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds.

(25)The progressive creation of an area without internal frontiers in which free movement of persons is guaranteed in accordance                              with the TFEU and the establishment of Union policies regarding the conditions of entry and stay of third-country nationals,                              including common efforts towards the management of external borders, makes it necessary to strike a balance between responsibility                              criteria in a spirit of solidarity.

(26)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(10) applies to the processing of personal data by the Member States under this Regulation.

(27)The exchange of an applicant’s personal data, including sensitive data on his or her health, prior to a transfer, will ensure                              that the competent asylum authorities are in a position to provide applicants with adequate assistance and to ensure continuity                              in the protection and rights afforded to them. Special provisions should be made to ensure the protection of data relating                              to applicants involved in that situation, in accordance with Directive 95/46/EC.

(28)The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between                              Member States for improving communication between competent departments, reducing time limits for procedures or simplifying                              the processing of requests to take charge or take back, or establishing procedures for the performance of transfers.

(29)Continuity between the system for determining the Member State responsible established by Regulation (EC) No 343/2003 and                              the system established by this Regulation should be ensured. Similarly, consistency should be ensured between this Regulation                              and 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 comparisons with Eurodac                              data by Member States’ law enforcement authorities and Europol for law enforcement purposes(11).

(30)The operation of the Eurodac system, as established by Regulation (EU) No 603/2013, should facilitate the application of this                              Regulation.

(31)The operation of the Visa Information System, as established by Regulation (EC) No 767/2008 of the European Parliament and                              of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States                              on short-stay visas(12), and in particular the implementation of Articles 21 and 22 thereof, should facilitate the application of this Regulation.

(32)With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations                              under instruments of international law, including the relevant case-law of the European Court of Human Rights.

(33)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on                              the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament                              and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the                              Member States of the Commission’s exercise of implementing powers(13).

(34)The examination procedure should be used for the adoption of a common leaflet on Dublin/Eurodac, as well as a specific leaflet                              for unaccompanied minors; of a standard form for the exchange of relevant information on unaccompanied minors; of uniform                              conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the                              preparation and submission of take charge and take back requests; of two lists of relevant elements of proof and circumstantial                              evidence, and the periodical revision thereof; of a *laissez passer*; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange                              of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange                              of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission                              of requests.

(35)In order to provide for supplementary rules, the power to adopt acts in accordance with Article 290 TFEU should be delegated                              to the Commission in respect of the identification of family members, siblings or relatives of an unaccompanied minor; the                              criteria for establishing the existence of proven family links; the criteria for assessing the capacity of a relative to take                              care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more                              than one Member State; the elements for assessing a dependency link; the criteria for assessing the capacity of a person to                              take care of a dependent person and the elements to be taken into account in order to assess the inability to travel for a                              significant period of time. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of                              the best interests of the child as provided for under Article 6(3) of this Regulation. It is of particular importance that                              the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission,                              when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant                              documents to the European Parliament and to the Council.

(36)In the application of this Regulation, including the preparation of delegated acts, the Commission should consult experts                              from, among others, all relevant national authorities.

(37)Detailed rules for the application of Regulation (EC) No 343/2003 have been laid down by Regulation (EC) No 1560/2003. Certain                              provisions of Regulation (EC) No 1560/2003 should be incorporated into this Regulation, either for reasons of clarity or because                              they can serve a general objective. In particular, it is important, both for the Member States and the applicants concerned,                              that there should be a general mechanism for finding a solution in cases where Member States differ over the application of                              a provision of this Regulation. It is therefore justified to incorporate the mechanism provided for in Regulation (EC) No                              1560/2003 for the settling of disputes on the humanitarian clause into this Regulation and to extend its scope to the entirety                              of this Regulation.

(38)The effective monitoring of the application of this Regulation requires that it be evaluated at regular intervals.

(39)This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the                              Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the                              right to asylum guaranteed by Article 18 of the Charter as well as the rights recognised under Articles 1, 4, 7, 24 and 47                              thereof. This Regulation should therefore be applied accordingly.

(40)Since the objective of this Regulation, namely the establishment of 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, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale                              and effects of this Regulation, 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 Regulation does not go beyond what is necessary in order to achieve that objective.

(41)In accordance with Article 3 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 to the TFEU, those Member States have notified their                              wish to take part in the adoption and application of this Regulation.

(42)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 Regulation and is not bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

## CHAPTER IU.K.**SUBJECT MATTER AND DEFINITIONS**

### Article 1U.K.Subject matter

This Regulation lays down 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 (‘the Member                     State responsible’).                  

### Article 2U.K.Definitions

For the purposes of this Regulation:

‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who                              is not national of a State which participates in this Regulation by virtue of an agreement with the European Union;                           

‘application for international protection’ means an application for international protection as defined in Article 2(h) of                              Directive 2011/95/EU;                           

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

‘examination of an application for international protection’ means any examination of, or decision or ruling concerning, an                              application for international protection by the competent authorities in accordance with Directive 2013/32/EU and Directive                              2011/95/EU, except for procedures for determining the Member State responsible in accordance with this Regulation;                           

‘withdrawal of an application for international protection’ means the actions by which the applicant terminates the procedures                              initiated by the submission of his or her application for international protection, in accordance with Directive 2013/32/EU,                              either explicitly or tacitly;                           

‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international                              protection as defined in Article 2(a) of Directive 2011/95/EU;                           

‘family members’ means, insofar as the family already existed in the country of origin, the following members of the applicant’s                              family who are present on the territory of the Member States:                           
                -  the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member                                    State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country nationals,                                  
                -  the minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and                                    regardless of whether they were born in or out of wedlock or adopted as defined under national law,                                  
                -  when the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by                                    law or by the practice of the Member State where the adult is present,                                  
                -  when the beneficiary of international protection is a minor and unmarried, the father, mother or another adult responsible                                    for him or her whether by law or by the practice of the Member State where the beneficiary is present;                                  

‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a Member State, regardless                              of whether the applicant was born in or out of wedlock or adopted as defined under national law;                           

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

‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible                              for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively                              taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory                              of Member States;                           

‘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 Regulation 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 its duties in respect of the minor, in accordance with this Regulation;                           

‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national                              or a stateless person to stay on its territory, including the documents substantiating the authorisation to remain on the                              territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried                              out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine                              the Member State responsible as established in this Regulation or during the examination of an application for international                              protection or an application for a residence permit;                           

‘visa’ means the authorisation or decision of a Member State required for transit or entry for an intended stay in that Member                              State or in several Member States. The nature of the visa shall be determined in accordance with the following definitions:                           
                -  ‘long-stay visa’ means an authorisation or decision issued by one of the Member States in accordance with its national law                                    or Union law required for entry for an intended stay in that Member State of more than three months,                                  
                -  ‘short-stay visa’ means an authorisation or decision of a Member State with a view to transit through or an intended stay                                    on the territory of one or more or all the Member States of a duration of no more than three months in any six-month period                                    beginning on the date of first entry on the territory of the Member States,                                  
                -  ‘airport transit visa’ means a visa valid for transit through the international transit areas of one or more airports of the                                    Member States;                                  

‘risk of absconding’ means the existence of reasons in an individual case, which are based on objective criteria defined by                              law, to believe that an applicant or a third-country national or a stateless person who is subject to a transfer procedure                              may abscond.                           

## CHAPTER IIU.K.**GENERAL PRINCIPLES AND SAFEGUARDS**

### Article 3U.K.Access to the procedure for examining an application for international protection

1.Member States shall examine any application for international protection by a third-country national or a stateless person                        who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be                        examined by a single Member State, which shall be the one which the criteria set out in Chapter III indicate is responsible.                  

2.Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member                        State in which the application for international protection was lodged shall be responsible for examining it.                  

Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are                     substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for                     applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of                     the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria                     set out in Chapter III in order to establish whether another Member State can be designated as responsible.                  

Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set                     out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall                     become the Member State responsible.                  

3.Any Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards                        laid down in Directive 2013/32/EU.                  

### Article 4U.K.Right to information

1.As soon as an application for international protection is lodged within the meaning of Article 20(2) in a Member State, its                        competent authorities shall inform the applicant of the application of this Regulation, and in particular of:                  

(a)the objectives of this Regulation and the consequences of making another application in a different Member State as well as                        the consequences of moving from one Member State to another during the phases in which the Member State responsible under                        this Regulation is being determined and the application for international protection is being examined;                  

(b)the criteria for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure                        and their duration, including the fact that an application for international protection lodged in one Member State can result                        in that Member State becoming responsible under this Regulation even if such responsibility is not based on those criteria;                  

(c)the personal interview pursuant to Article 5 and the possibility of submitting information regarding the presence of family                        members, relatives or any other family relations in the Member States, including the means by which the applicant can submit                        such information;                  

(d)the possibility to challenge a transfer decision and, where applicable, to apply for a suspension of the transfer;                  

(e)the fact that the competent authorities of Member States can exchange data on him or her for the sole purpose of implementing                        their obligations arising under this Regulation;                  

(f)the right of access to data relating to him or her and the right to request that such data be corrected if inaccurate or be                        deleted if unlawfully processed, as well as the procedures for exercising those rights, including the contact details of the                        authorities referred to in Article 35 and of the national data protection authorities responsible for hearing claims concerning                        the protection of personal data.                  

2.The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is                        reasonably supposed to understand. Member States shall use the common leaflet drawn up pursuant to paragraph 3 for that purpose.                  

Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, for example                     in connection with the personal interview as referred to in Article 5.                  

3.The Commission shall, by means of implementing acts, draw up a common leaflet, as well as a specific leaflet for unaccompanied                        minors, containing at least the information referred to in paragraph 1 of this Article. This common leaflet shall also include                        information regarding the application of Regulation (EU) No 603/2013 and, in particular, the purpose for which the data of                        an applicant may be processed within Eurodac. The common leaflet shall be established in such a manner as to enable Member                        States to complete it with additional Member State-specific information. Those implementing acts shall be adopted in accordance                        with the examination procedure referred to in Article 44(2) of this Regulation.                  

### Article 5U.K.Personal interview

1.In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct                        a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied                        to the applicant in accordance with Article 4.                  

2.The personal interview may be omitted if:                  

(a)the applicant has absconded; or                  

(b)after having received the information referred to in Article 4, the applicant has already provided the information relevant                        to determine the Member State responsible by other means. The Member State omitting the interview shall give the applicant                        the opportunity to present all further information which is relevant to correctly determine the Member State responsible before                        a decision is taken to transfer the applicant to the Member State responsible pursuant to Article 26(1).                  

3.The personal interview shall take place in a timely manner and, in any event, before any decision is taken to transfer the                        applicant to the Member State responsible pursuant to Article 26(1).                  

4.The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand                        and in which he or she is able to communicate. Where necessary, Member States shall have recourse to an interpreter who is                        able to ensure appropriate communication between the applicant and the person conducting the personal interview.                  

5.The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by                        a qualified person under national law.                  

6.The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main                        information supplied by the applicant at the interview. This summary may either take the form of a report or a standard form.                        The Member State shall ensure that the applicant and/or the legal advisor or other counsellor who is representing the applicant                        have timely access to the summary.                  

### Article 6U.K.Guarantees for minors

1.The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided                        for in this Regulation.                  

2.Member States shall ensure that a representative represents and/or assists an unaccompanied minor with respect to all procedures                        provided for in this Regulation. The representative shall have the qualifications and expertise to ensure that the best interests                        of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall                        have access to the content of the relevant documents in the applicant’s file including the specific leaflet for unaccompanied                        minors.                  

This paragraph shall be without prejudice to the relevant provisions in Article 25 of Directive 2013/32/EU.

3.In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular,                        take due account of the following factors:                  

(a)family reunification possibilities;                  

(b)the minor’s well-being and social development;                  

(c)safety and security considerations, in particular where there is a risk of the minor being a victim of human trafficking;                  

(d)the views of the minor, in accordance with his or her age and maturity.                  

4.For the purpose of applying Article 8, the Member State where the unaccompanied minor lodged an application for international                        protection shall, as soon as possible, take appropriate action to identify the family members, siblings or relatives of the                        unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child.                  

To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate                     the minor’s access to the tracing services of such organisations.                  

The staff of the competent authorities referred to in Article 35 who deal with requests concerning unaccompanied minors shall                     have received, and shall continue to receive, appropriate training concerning the specific needs of minors.                  

5.With a view to facilitating the appropriate action to identify the family members, siblings or relatives of the unaccompanied                        minor living in the territory of another Member State pursuant to paragraph 4 of this Article, the Commission shall adopt                        implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing                        acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).                  

## CHAPTER IIIU.K.**CRITERIA FOR DETERMINING THE MEMBER STATE RESPONSIBLE**

### Article 7U.K.Hierarchy of criteria

1.The criteria for determining the Member State responsible shall be applied in the order in which they are set out in this                        Chapter.                  

2.The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the                        situation obtaining when the applicant first lodged his or her application for international protection with a Member State.                  

3.In view of the application of the criteria referred to in Articles 8, 10 and 16, Member States shall take into consideration                        any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other                        family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request                        to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications                        for international protection of the applicant have not yet been the subject of a first decision regarding the substance.                  

### Article 8U.K.Minors

1.Where the applicant is an unaccompanied minor, the Member State responsible shall be that where a family member or a sibling                        of the unaccompanied minor is legally present, provided that it is in the best interests of the minor. Where the applicant                        is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible                        shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice                        of that Member State, or sibling is legally present.                  

2.Where the applicant is an unaccompanied minor who has a relative who is legally present in another Member State and where                        it is established, based on an individual examination, that the relative can take care of him or her, that Member State shall                        unite the minor with his or her relative and shall be the Member State responsible, provided that it is in the best interests                        of the minor.                  

3.Where family members, siblings or relatives as referred to in paragraphs 1 and 2, stay in more than one Member State, the                        Member State responsible shall be decided on the basis of what is in the best interests of the unaccompanied minor.                  

4.In the absence of a family member, a sibling or a relative as referred to in paragraphs 1 and 2, the Member State responsible                        shall be that where the unaccompanied minor has lodged his or her application for international protection, provided that                        it is in the best interests of the minor.                  

5.The Commission shall be empowered to adopt delegated acts in accordance with Article 45 concerning the identification of family                        members, siblings or relatives of the unaccompanied minor; the criteria for establishing the existence of proven family links;                        the criteria for assessing the capacity of a relative to take care of the unaccompanied minor, including where family members,                        siblings or relatives of the unaccompanied minor stay in more than one Member State. In exercising its powers to adopt delegated                        acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 6(3).                  

6.The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and the exchange of                        information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred                        to in Article 44(2).                  

### Article 9U.K.Family members who are beneficiaries of international protection

Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin,                     who has been allowed to reside as a beneficiary of international protection in a Member State, that Member State shall be                     responsible for examining the application for international protection, provided that the persons concerned expressed their                     desire in writing.                  

### Article 10U.K.Family members who are applicants for international protection

If the applicant has a family member in a Member State whose application for international protection in that Member State                     has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining                     the application for international protection, provided that the persons concerned expressed their desire in writing.                  

### Article 11U.K.Family procedure

Where several family members and/or minor unmarried siblings submit applications for international protection in the same                     Member State simultaneously, or on dates close enough for the procedures for determining the Member State responsible to be                     conducted together, and where the application of the criteria set out in this Regulation would lead to their being separated,                     the Member State responsible shall be determined on the basis of the following provisions:                  

responsibility for examining the applications for international protection of all the family members and/or minor unmarried                              siblings shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number                              of them;                           

failing this, responsibility shall lie with the Member State which the criteria indicate is responsible for examining the                              application of the oldest of them.                           

### Article 12U.K.Issue of residence documents or visas

1.Where the applicant is in possession of a valid residence document, the Member State which issued the document shall be responsible                        for examining the application for international protection.                  

2.Where the applicant is in possession of a valid visa, the Member State which issued the visa shall be responsible for examining                        the application for international protection, unless the visa was issued on behalf of another Member State under a representation                        arrangement as provided for in Article 8 of Regulation (EC) No 810/2009 of the European Parliament and of the Council, of                        13 July 2009, establishing a Community Code on Visas(14). In such a case, the represented Member State shall be responsible for examining the application for international protection.                  

3.Where the applicant is in possession of more than one valid residence document or visa issued by different Member States,                        the responsibility for examining the application for international protection shall be assumed by the Member States in the                        following order:                  

(a)the Member State which issued the residence document conferring the right to the longest period of residency or, where the                        periods of validity are identical, the Member State which issued the residence document having the latest expiry date;                  

(b)the Member State which issued the visa having the latest expiry date where the various visas are of the same type;                  

(c)where visas are of different kinds, the Member State which issued the visa having the longest period of validity or, where                        the periods of validity are identical, the Member State which issued the visa having the latest expiry date.                  

4.Where the applicant is in possession only of one or more residence documents which have expired less than two years previously                        or one or more visas which have expired less than six months previously and which enabled him or her actually to enter the                        territory of a Member State, paragraphs 1, 2 and 3 shall apply for such time as the applicant has not left the territories                        of the Member States.                  

Where the applicant is in possession of one or more residence documents which have expired more than two years previously                     or one or more visas which have expired more than six months previously and enabled him or her actually to enter the territory                     of a Member State and where he has not left the territories of the Member States, the Member State in which the application                     for international protection is lodged shall be responsible.                  

5.The fact that the residence document or visa was issued on the basis of a false or assumed identity or on submission of forged,                        counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued it. However,                        the Member State issuing the residence document or visa shall not be responsible if it can establish that a fraud was committed                        after the document or visa had been issued.                  

### Article 13U.K.Entry and/or stay

1.Where it is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article                        22(3) of this Regulation, including the data referred to in Regulation (EU) No 603/2013, that an applicant has irregularly                        crossed the border into a Member State by land, sea or air having come from a third country, the Member State thus entered                        shall be responsible for examining the application for international protection. That responsibility shall cease 12 months                        after the date on which the irregular border crossing took place.                  

2.When a Member State cannot or can no longer be held responsible in accordance with paragraph 1 of this Article and where it                        is established, on the basis of proof or circumstantial evidence as described in the two lists mentioned in Article 22(3),                        that the applicant — who has entered the territories of the Member States irregularly or whose circumstances of entry cannot                        be established — has been living for a continuous period of at least five months in a Member State before lodging the application                        for international protection, that Member State shall be responsible for examining the application for international protection.                  

If the applicant has been living for periods of time of at least five months in several Member States, the Member State where                     he or she has been living most recently shall be responsible for examining the application for international protection.                  

### Article 14U.K.Visa waived entry

1.If a third-country national or a stateless person enters into the territory of a Member State in which the need for him or                        her to have a visa is waived, that Member State shall be responsible for examining his or her application for international                        protection.                  

2.The principle set out in paragraph 1 shall not apply if the third-country national or the stateless person lodges his or her                        application for international protection in another Member State in which the need for him or her to have a visa for entry                        into the territory is also waived. In that case, that other Member State shall be responsible for examining the application                        for international protection.                  

### Article 15U.K.Application in an international transit area of an airport

Where the application for international protection is made in the international transit area of an airport of a Member State                     by a third-country national or a stateless person, that Member State shall be responsible for examining the application.                  

## CHAPTER IVU.K.**DEPENDENT PERSONS AND DISCRETIONARY CLAUSES**

### Article 16U.K.Dependent persons

1.Where, on account of pregnancy, a new-born child, serious illness, severe disability or old age, an applicant is dependent                        on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child,                        sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States                        shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed                        in the country of origin, that the child, sibling or parent or the applicant is able to take care of the dependent person                        and that the persons concerned expressed their desire in writing.                  

2.Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where                        the applicant is present, the Member State responsible shall be the one where the child, sibling or parent is legally resident                        unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In                        such a case, the Member State responsible shall be the one where the applicant is present. Such Member State shall not be                        subject to the obligation to bring the child, sibling or parent of the applicant to its territory.                  

3.The Commission shall be empowered to adopt delegated acts in accordance with Article 45 concerning the elements to be taken                        into account in order to assess the dependency link, the criteria for establishing the existence of proven family links, the                        criteria for assessing the capacity of the person concerned to take care of the dependent person and the elements to be taken                        into account in order to assess the inability to travel for a significant period of time.                  

4.The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information                        between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in                        Article 44(2).                  

### Article 17U.K.Discretionary clauses

1.By way of derogation from Article 3(1), each Member State may decide to examine an application for international protection                        lodged with it by a third-country national or a stateless person, even if such examination is not its responsibility under                        the criteria laid down in this Regulation.                  

The Member State which decides to examine an application for international protection pursuant to this paragraph shall become                     the Member State responsible and shall assume the obligations associated with that responsibility. Where applicable, it shall                     inform, using the ‘DubliNet’ electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003, the                     Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible                     or the Member State which has been requested to take charge of, or to take back, the applicant.                  

The Member State which becomes responsible pursuant to this paragraph shall forthwith indicate it in Eurodac in accordance                     with Regulation (EU) No 603/2013 by adding the date when the decision to examine the application was taken.                  

2.The Member State in which an application for international protection is made and which is carrying out the process of determining                        the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance                        is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on                        humanitarian grounds based in particular on family or cultural considerations, even where that other Member State is not responsible                        under the criteria laid down in Articles 8 to 11 and 16. The persons concerned must express their consent in writing.                  

The request to take charge shall contain all the material in the possession of the requesting Member State to allow the requested                     Member State to assess the situation.                  

The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply                     to the requesting Member State within two months of receipt of the request using the ‘DubliNet’ electronic communication network                     set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the                     refusal is based.                  

Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to                     it.                  

## CHAPTER VU.K.**OBLIGATIONS OF THE MEMBER STATE RESPONSIBLE**

### Article 18U.K.Obligations of the Member State responsible

1.The Member State responsible under this Regulation shall be obliged to:                  

(a)take charge, under the conditions laid down in Articles 21, 22 and 29, of an applicant who has lodged an application in a                        different Member State;                  

(b)take back, under the conditions laid down in Articles 23, 24, 25 and 29, an applicant whose application is under examination                        and who made an application in another Member State or who is on the territory of another Member State without a residence                        document;                  

(c)take back, under the conditions laid down in Articles 23, 24, 25 and 29, a third-country national or a stateless person who                        has withdrawn the application under examination and made an application in another Member State or who is on the territory                        of another Member State without a residence document;                  

(d)take back, under the conditions laid down in Articles 23, 24, 25 and 29, a third-country national or a stateless person whose                        application has been rejected and who made an application in another Member State or who is on the territory of another Member                        State without a residence document.                  

2.In the cases falling within the scope of paragraph 1(a) and (b), the Member State responsible shall examine or complete the                        examination of the application for international protection made by the applicant.                  

In the cases falling within the scope of paragraph 1(c), when the Member State responsible had discontinued the examination                     of an application following its withdrawal by the applicant before a decision on the substance has been taken at first instance,                     that Member State shall ensure that the applicant is entitled to request that the examination of his or her application be                     completed or to lodge a new application for international protection, which shall not be treated as a subsequent application                     as provided for in Directive 2013/32/EU. In such cases, Member States shall ensure that the examination of the application                     is completed.                  

In the cases falling within the scope of paragraph 1(d), where the application has been rejected at first instance only, the                     Member State responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy                     pursuant to Article 46 of Directive 2013/32/EU.                  

### Article 19U.K.Cessation of responsibilities

1.Where a Member State issues a residence document to the applicant, the obligations specified in Article 18(1) shall be transferred                        to that Member State.                  

2.The obligations specified in Article 18(1) shall cease where the Member State responsible can establish, when requested to                        take charge or take back an applicant or another person as referred to in Article 18(1)(c) or (d), that the person concerned                        has left the territory of the Member States for at least three months, unless the person concerned is in possession of a valid                        residence document issued by the Member State responsible.                  

An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application                     giving rise to a new procedure for determining the Member State responsible.                  

3.The obligations specified in Article 18(1)(c) and (d) shall cease where the Member State responsible can establish, when requested                        to take back an applicant or another person as referred to in Article 18(1)(c) or (d), that the person concerned has left                        the territory of the Member States in compliance with a return decision or removal order issued following the withdrawal or                        rejection of the application.                  

An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new                     procedure for determining the Member State responsible.                  

## CHAPTER VIU.K.**PROCEDURES FOR TAKING CHARGE AND TAKING BACK**

### *SECTION I*U.K.***Start of the procedure***

#### Article 20U.K.Start of the procedure

1.The process of determining the Member State responsible shall start as soon as an application for international protection                        is first lodged with a Member State.                  

2.An application for international protection shall be deemed to have been lodged once a form submitted by the applicant or                        a report prepared by the authorities has reached the competent authorities of the Member State concerned. Where an application                        is not made in writing, the time elapsing between the statement of intention and the preparation of a report should be as                        short as possible.                  

3.For the purposes of this Regulation, the situation of a minor who is accompanying the applicant and meets the definition of                        family member shall be indissociable from that of his or her family member and shall be a matter for the Member State responsible                        for examining the application for international protection of that family member, even if the minor is not individually an                        applicant, provided that it is in the minor’s best interests. The same treatment shall be applied to children born after the                        applicant arrives on the territory of the Member States, without the need to initiate a new procedure for taking charge of                        them.                  

4.Where an application for international protection is lodged with the competent authorities of a Member State by an applicant                        who is on the territory of another Member State, the determination of the Member State responsible shall be made by the Member                        State in whose territory the applicant is present. The latter Member State shall be informed without delay by the Member State                        which received the application and shall then, for the purposes of this Regulation, be regarded as the Member State with which                        the application for international protection was lodged.                  

The applicant shall be informed in writing of this change in the determining Member State and of the date on which it took                     place.                  

5.An applicant who is present in another Member State without a residence document or who there lodges an application for international                        protection after withdrawing his or her first application made in a different Member State during the process of determining                        the Member State responsible shall be taken back, under the conditions laid down in Articles 23, 24, 25 and 29, by the Member                        State with which that application for international protection was first lodged, with a view to completing the process of                        determining the Member State responsible.                  

That obligation shall cease where the Member State requested to complete the process of determining the Member State responsible                     can establish that the applicant has in the meantime left the territory of the Member States for a period of at least three                     months or has obtained a residence document from another Member State.                  

An application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application                     giving rise to a new procedure for determining the Member State responsible.                  

### *SECTION II*U.K.***Procedures for take charge requests***

#### Article 21U.K.Submitting a take charge request

1.Where a Member State with which an application for international protection has been lodged considers that another Member                        State is responsible for examining the application, it may, as quickly as possible and in any event within three months of                        the date on which the application was lodged within the meaning of Article 20(2), request that other Member State to take                        charge of the applicant.                  

Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Article 14 of Regulation                     (EU) No 603/2013, the request shall be sent within two months of receiving that hit pursuant to Article 15(2) of that Regulation.                  

Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs,                     responsibility for examining the application for international protection shall lie with the Member State in which the application                     was lodged.                  

2.The requesting Member State may ask for an urgent reply in cases where the application for international protection was lodged                        after leave to enter or remain was refused, after an arrest for an unlawful stay or after the service or execution of a removal                        order.                  

The request shall state the reasons warranting an urgent reply and the period within which a reply is expected. That period                     shall be at least one week.                  

3.In the cases referred to in paragraphs 1 and 2, the request that charge be taken by another Member State shall be made using                        a standard form and including proof or circumstantial evidence as described in the two lists mentioned in Article 22(3) and/or                        relevant elements from the applicant’s statement, enabling the authorities of the requested Member State to check whether                        it is responsible on the basis of the criteria laid down in this Regulation.                  

The Commission shall, by means of implementing acts, adopt uniform conditions on the preparation and submission of take charge                     requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).                  

#### Article 22U.K.Replying to a take charge request

1.The requested Member State shall make the necessary checks, and shall give a decision on the request to take charge of an                        applicant within two months of receipt of the request.                  

2.In the procedure for determining the Member State responsible elements of proof and circumstantial evidence shall be used.                  

3.The Commission shall, by means of implementing acts, establish, and review periodically, two lists, indicating the relevant                        elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph.                        Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).                  

(a)Proof:                  

this refers to formal proof which determines responsibility pursuant to this Regulation, as long as it is not refuted by proof                              to the contrary;                           

the Member States shall provide the Committee provided for in Article 44 with models of the different types of administrative                              documents, in accordance with the typology established in the list of formal proofs;                           

(b)Circumstantial evidence:                  

this refers to indicative elements which while being refutable may be sufficient, in certain cases, according to the evidentiary                              value attributed to them;                           

their evidentiary value, in relation to the responsibility for examining the application for international protection shall                              be assessed on a case-by-case basis.                           

4.The requirement of proof should not exceed what is necessary for the proper application of this Regulation.                  

5.If there is no formal proof, the requested Member State shall acknowledge its responsibility if the circumstantial evidence                        is coherent, verifiable and sufficiently detailed to establish responsibility.                  

6.Where the requesting Member State has pleaded urgency in accordance with the provisions of Article 21(2), the requested Member                        State shall make every effort to comply with the time limit requested. In exceptional cases, where it can be demonstrated                        that the examination of a request for taking charge of an applicant is particularly complex, the requested Member State may                        give its reply after the time limit requested, but in any event within one month. In such situations the requested Member                        State must communicate its decision to postpone a reply to the requesting Member State within the time limit originally requested.                  

7.Failure to act within the two-month period mentioned in paragraph 1 and the one-month period mentioned in paragraph 6 shall                        be tantamount to accepting the request, and entail the obligation to take charge of the person, including the obligation to                        provide for proper arrangements for arrival.                  

### *SECTION III*U.K.***Procedures for take back requests***

#### Article 23U.K.Submitting a take back request when a new application has been lodged in the requesting Member State

1.Where a Member State with which a person as referred to in Article 18(1)(b), (c) or (d) has lodged a new application for international                        protection considers that another Member State is responsible in accordance with Article 20(5) and Article 18(1)(b), (c) or                        (d), it may request that other Member State to take back that person.                  

2.A take back request shall be made as quickly as possible and in any event within two months of receiving the Eurodac hit,                        pursuant to Article 9(5) of Regulation (EU) No 603/2013.                  

If the take back request is based on evidence other than data obtained from the Eurodac system, it shall be sent to the requested                     Member State within three months of the date on which the application for international protection was lodged within the meaning                     of Article 20(2).                  

3.Where the take back request is not made within the periods laid down in paragraph 2, responsibility for examining the application                        for international protection shall lie with the Member State in which the new application was lodged.                  

4.A take back request shall be made using a standard form and shall include proof or circumstantial evidence as described in                        the two lists mentioned in Article 22(3) and/or relevant elements from the statements of the person concerned, enabling the                        authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in this                        Regulation.                  

The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back                     requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).                  

#### Article 24U.K.Submitting a take back request when no new application has been lodged in the requesting Member State

1.Where a Member State on whose territory a person as referred to in Article 18(1)(b), (c) or (d) is staying without a residence                        document and with which no new application for international protection has been lodged considers that another Member State                        is responsible in accordance with Article 20(5) and Article 18(1)(b), (c) or (d), it may request that other Member State to                        take back that person.                  

2.By way of derogation from Article 6(2) 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(15), where a Member State on whose territory a person is staying without a residence document decides to search the Eurodac system                        in accordance with Article 17 of Regulation (EU) No 603/2013, the request to take back a person as referred to in Article                        18(1)(b) or (c) of this Regulation, or a person as referred to in its Article 18(1)(d) whose application for international                        protection has not been rejected by a final decision, shall be made as quickly as possible and in any event within two months                        of receipt of the Eurodac hit, pursuant to Article 17(5) of Regulation (EU) No 603/2013.                  

If the take back request is based on evidence other than data obtained from the Eurodac system, it shall be sent to the requested                     Member State within three months of the date on which the requesting Member State becomes aware that another Member State                     may be responsible for the person concerned.                  

3.Where the take back request is not made within the periods laid down in paragraph 2, the Member State on whose territory the                        person concerned is staying without a residence document shall give that person the opportunity to lodge a new application.                  

4.Where a person as referred to in Article 18(1)(d) of this Regulation whose application for international protection has been                        rejected by a final decision in one Member State is on the territory of another Member State without a residence document,                        the latter Member State may either request the former Member State to take back the person concerned or carry out a return                        procedure in accordance with Directive 2008/115/EC.                  

When the latter Member State decides to request the former Member State to take back the person concerned, the rules laid                     down in Directive 2008/115/EC shall not apply.                  

5.The request for the person referred to in Article 18(1)(b), (c) or (d) to be taken back shall be made using a standard form                        and shall include proof or circumstantial evidence as described in the two lists mentioned in Article 22(3) and/or relevant                        elements from the person’s statements, enabling the authorities of the requested Member State to check whether it is responsible                        on the basis of the criteria laid down in this Regulation.                  

The Commission shall, by means of implementing acts, establish and review periodically two lists indicating the relevant elements                     of proof and circumstantial evidence in accordance with the criteria set out in Article 22(3)(a) and (b), and shall adopt                     uniform conditions for the preparation and submission of take back requests. Those implementing acts shall be adopted in accordance                     with the examination procedure referred to in Article 44(2).                  

#### Article 25U.K.Replying to a take back request

1.The requested Member State shall make the necessary checks and shall give a decision on the request to take back the person                        concerned as quickly as possible and in any event no later than one month from the date on which the request was received.                        When the request is based on data obtained from the Eurodac system, that time limit shall be reduced to two weeks.                  

2.Failure to act within the one month period or the two weeks period mentioned in paragraph 1 shall be tantamount to accepting                        the request, and shall entail the obligation to take back the person concerned, including the obligation to provide for proper                        arrangements for arrival.                  

### *SECTION IV*U.K.***Procedural safeguards***

#### Article 26U.K.Notification of a transfer decision

1.Where the requested Member State accepts to take charge of or to take back an applicant or other person as referred to in                        Article 18(1)(c) or (d), the requesting Member State shall notify the person concerned of the decision to transfer him or                        her to the Member State responsible and, where applicable, of not examining his or her application for international protection.                        If a legal advisor or other counsellor is representing the person concerned, Member States may choose to notify the decision                        to such legal advisor or counsellor instead of to the person concerned and, where applicable, communicate the decision to                        the person concerned.                  

2.The decision referred to in paragraph 1 shall contain information on the legal remedies available, including on the right                        to apply for suspensive effect, where applicable, and on the time limits applicable for seeking such remedies and for carrying                        out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned                        should appear, if that person is travelling to the Member State responsible by his or her own means.                  

Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned                     is communicated to the person concerned together with the decision referred to in paragraph 1, when that information has not                     been already communicated.                  

3.When the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform                        him or her of the main elements of the decision, which shall always include information on the legal remedies available and                        the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably                        supposed to understand.                  

#### Article 27U.K.Remedies

1.The applicant or another person as referred to in Article 18(1)(c) or (d) shall have the right to an effective remedy, in                        the form of an appeal or a review, in fact and in law, against a transfer decision, before a court or tribunal.                  

2.Member States shall provide for a reasonable period of time within which the person concerned may exercise his or her right                        to an effective remedy pursuant to paragraph 1.                  

3.For the purposes of appeals against, or reviews of, transfer decisions, Member States shall provide in their national law                        that:                  

(a)the appeal or review confers upon the person concerned the right to remain in the Member State concerned pending the outcome                        of the appeal or review; or                  

(b)the transfer is automatically suspended and such suspension lapses after a certain reasonable period of time, during which                        a court or a tribunal, after a close and rigorous scrutiny, shall have taken a decision whether to grant suspensive effect                        to an appeal or review; or                  

(c)the person concerned has the opportunity to request within a reasonable period of time a court or tribunal to suspend the                        implementation of the transfer decision pending the outcome of his or her appeal or review. Member States shall ensure that                        an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any                        decision on whether to suspend the implementation of the transfer decision shall be taken within a reasonable period of time,                        while permitting a close and rigorous scrutiny of the suspension request. A decision not to suspend the implementation of                        the transfer decision shall state the reasons on which it is based.                  

4.Member States may provide that the competent authorities may decide, acting *ex officio*, to suspend the implementation of the transfer decision pending the outcome of the appeal or review.                  

5.Member States shall ensure that the person concerned has access to legal assistance and, where necessary, to linguistic assistance.                  

6.Member States shall ensure that legal assistance is granted on request free of charge where the person concerned cannot afford                        the costs involved. Member States may provide that, as regards fees and other costs, the treatment of applicants shall not                        be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.                  

Without arbitrarily restricting access to legal assistance, Member States may provide that free legal assistance and representation                     not be granted where the appeal or review is considered by the competent authority or a court or tribunal to have no tangible                     prospect of success.                  

Where a decision not to grant free legal assistance and representation pursuant to this paragraph is taken by an authority                     other than a court or tribunal, Member States shall provide the right to an effective remedy before a court or tribunal to                     challenge that decision.                  

In complying with the requirements set out in 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.                  

Legal assistance shall include at least the preparation of the required procedural documents and representation before a court                     or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance                     and representation.                  

Procedures for access to legal assistance shall be laid down in national law.

### *SECTION V*U.K.***Detention for the purpose of transfer***

#### Article 28U.K.Detention

1.Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established                        by this Regulation.                  

2.When there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer                        procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is                        proportional and other less coercive alternative measures cannot be applied effectively.                  

3.Detention shall be for as short a period as possible and shall be for no longer than the time reasonably necessary to fulfil                        the required administrative procedures with due diligence until the transfer under this Regulation is carried out.                  

Where a person is detained pursuant to this Article, the period for submitting a take charge or take back request shall not                     exceed one month from the lodging of the application. The Member State carrying out the procedure in accordance with this                     Regulation shall ask for an urgent reply in such cases. Such reply shall be given within two weeks of receipt of the request.                     Failure to reply within the two-week period shall be tantamount to accepting the request and shall entail the obligation to                     take charge or take back the person, including the obligation to provide for proper arrangements for arrival.                  

Where a person is detained pursuant to this Article, the transfer of that person from the requesting Member State to the Member                     State responsible shall be carried out as soon as practically possible, and at the latest within six weeks of the implicit                     or explicit acceptance of the request by another Member State to take charge or to take back the person concerned or of the                     moment when the appeal or review no longer has a suspensive effect in accordance with Article 27(3).                  

When the requesting Member State fails to comply with the deadlines for submitting a take charge or take back request or where                     the transfer does not take place within the period of six weeks referred to in the third subparagraph, the person shall no                     longer be detained. Articles 21, 23, 24 and 29 shall continue to apply accordingly.                  

4.As regards the detention conditions and the guarantees applicable to persons detained, in order to secure the transfer procedures                        to the Member State responsible, Articles 9, 10 and 11 of Directive 2013/33/EU shall apply.                  

### *SECTION VI*U.K.***Transfers***

#### Article 29U.K.Modalities and time limits

1.The transfer of the applicant or of another person as referred to in Article 18(1)(c) or (d) from the requesting Member State                        to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after                        consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of                        acceptance of the request by another Member State to take charge or to take back the person concerned or of the final decision                        on an appeal or review where there is a suspensive effect in accordance with Article 27(3).                  

If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall                     ensure that they are carried out in a humane manner and with full respect for fundamental rights and human dignity.                  

If necessary, the applicant shall be supplied by the requesting Member State with a *laissez passer*. The Commission shall, by means of implementing acts, establish the design of the *laissez passer*. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).                  

The Member State responsible shall inform the requesting Member State, as appropriate, of the safe arrival of the person concerned                     or of the fact that he or she did not appear within the set time limit.                  

2.Where the transfer does not take place within the six months’ time limit, the Member State responsible shall be relieved of                        its obligations to take charge or to take back the person concerned and responsibility shall then be transferred to the requesting                        Member State. This time limit may be extended up to a maximum of one year if the transfer could not be carried out due to                        imprisonment of the person concerned or up to a maximum of eighteen months if the person concerned absconds.                  

3.If a person has been transferred erroneously or a decision to transfer is overturned on appeal or review after the transfer                        has been carried out, the Member State which carried out the transfer shall promptly accept that person back.                  

4.The Commission shall, by means of implementing acts, establish uniform conditions for the consultation and exchange of information                        between Member States, in particular in the event of postponed or delayed transfers, transfers following acceptance by default,                        transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance                        with the examination procedure referred to in Article 44(2).                  

#### Article 30U.K.Costs of transfer

1.The costs necessary to transfer an applicant or another person as referred to in Article 18(1)(c) or (d) to the Member State                        responsible shall be met by the transferring Member State.                  

2.Where the person concerned has to be transferred back to a Member State as a result of an erroneous transfer or of a transfer                        decision that has been overturned on appeal or review after the transfer has been carried out, the Member State which initially                        carried out the transfer shall be responsible for the costs of transferring the person concerned back to its territory.                  

3.Persons to be transferred pursuant to this Regulation shall not be required to meet the costs of such transfers.                  

#### Article 31U.K.Exchange of relevant information before a transfer is carried out

1.The Member State carrying out the transfer of an applicant or of another person as referred to in Article 18(1)(c) or (d)                        shall communicate to the Member State responsible such personal data concerning the person to be transferred as is appropriate,                        relevant and non-excessive for the sole purposes of ensuring that the competent authorities, in accordance with national law                        in the Member State responsible, are in a position to provide that person with adequate assistance, including the provision                        of immediate health care required in order to protect his or her vital interests, and to ensure continuity in the protection                        and rights afforded by this Regulation and by other relevant asylum legal instruments. Those data shall be communicated to                        the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that                        its competent authorities in accordance with national law have sufficient time to take the necessary measures.                  

2.The transferring Member State shall, in so far as such information is available to the competent authority in accordance with                        national law, transmit to the Member State responsible any information that is essential in order to safeguard the rights                        and immediate special needs of the person to be transferred, and in particular:                  

(a)any immediate measures which the Member State responsible is required to take in order to ensure that the special needs of                        the person to be transferred are adequately addressed, including any immediate health care that may be required;                  

(b)contact details of family members, relatives or any other family relations in the receiving Member State, where applicable;                  

(c)in the case of minors, information on their education;                  

(d)an assessment of the age of an applicant.                  

3.The exchange of information under this Article shall only take place between the authorities notified to the Commission in                        accordance with Article 35 of this Regulation using the ‘DubliNet’ electronic communication network set-up under Article 18                        of Regulation (EC) No 1560/2003. The information exchanged shall only be used for the purposes set out in paragraph 1 of this                        Article and shall not be further processed.                  

4.With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementing                        acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall                        be adopted in accordance with the examination procedure laid down in Article 44(2).                  

5.The rules laid down in Article 34(8) to (12) shall apply to the exchange of information pursuant to this Article.                  

#### Article 32U.K.Exchange of health data before a transfer is carried out

1.For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people,                        pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical                        and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance                        with national law, transmit to the Member State responsible information on any special needs of the person to be transferred,                        which in specific cases may include information on that person’s physical or mental health. That information shall be transferred                        in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those                        special needs are adequately addressed, including in particular any essential medical care that may be required.                  

The Commission shall, by means of implementing acts, draw up the common health certificate. Those implementing acts shall                     be adopted in accordance with the examination procedure laid down in Article 44(2).                  

2.The transferring Member State shall only transmit the information referred to in paragraph 1 to the Member State responsible                        after having obtained the explicit consent of the applicant and/or of his or her representative or, if the applicant is physically                        or legally incapable of giving his or her consent, when such transmission is necessary to protect the vital interests of the                        applicant or of another person. The lack of consent, including a refusal to consent, shall not constitute an obstacle to the                        transfer.                  

3.The processing of personal health data referred to in paragraph 1 shall only be carried out by a health professional who is                        subject, under national law or rules established by national competent bodies, to the obligation of professional secrecy or                        by another person subject to an equivalent obligation of professional secrecy.                  

4.The exchange of information under this Article shall only take place between the health professionals or other persons referred                        to in paragraph 3. The information exchanged shall only be used for the purposes set out in paragraph 1 and shall not be further                        processed.                  

5.The Commission shall, by means of implementing acts, adopt uniform conditions and practical arrangements for exchanging the                        information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination                        procedure laid down in Article 44(2).                  

6.The rules laid down in Article 34(8) to (12) shall apply to the exchange of information pursuant to this Article.                  

#### Article 33U.K.A mechanism for early warning, preparedness and crisis management

1.Where, on the basis of, in particular, the information gathered by EASO pursuant to Regulation (EU) No 439/2010, the Commission                        establishes that the application of this Regulation may be jeopardised due either to a substantiated risk of particular pressure                        being placed on a Member State’s asylum system and/or to problems in the functioning of the asylum system of a Member State,                        it shall, in cooperation with EASO, make recommendations to that Member State, inviting it to draw up a preventive action                        plan.                  

The Member State concerned shall inform the Council and the Commission whether it intends to present a preventive action plan                     in order to overcome the pressure and/or problems in the functioning of its asylum system whilst ensuring the protection of                     the fundamental rights of applicants for international protection.                  

A Member State may, at its own discretion and initiative, draw up a preventive action plan and subsequent revisions thereof.                     When drawing up a preventive action plan, the Member State may call for the assistance of the Commission, other Member States,                     EASO and other relevant Union agencies.                  

2.Where a preventive action plan is drawn up, the Member State concerned shall submit it and shall regularly report on its implementation                        to the Council and to the Commission. The Commission shall subsequently inform the European Parliament of the key elements                        of the preventive action plan. The Commission shall submit reports on its implementation to the Council and transmit reports                        on its implementation to the European Parliament.                  

The Member State concerned shall take all appropriate measures to deal with the situation of particular pressure on its asylum                     system or to ensure that the deficiencies identified are addressed before the situation deteriorates. Where the preventive                     action plan includes measures aimed at addressing particular pressure on a Member State’s asylum system which may jeopardise                     the application of this Regulation, the Commission shall seek the advice of EASO before reporting to the European Parliament                     and to the Council.                  

3.Where the Commission establishes, on the basis of EASO’s analysis, that the implementation of the preventive action plan has                        not remedied the deficiencies identified or where there is a serious risk that the asylum situation in the Member State concerned                        develops into a crisis which is unlikely to be remedied by a preventive action plan, the Commission, in cooperation with EASO                        as applicable, may request the Member State concerned to draw up a crisis management action plan and, where necessary, revisions                        thereof. The crisis management action plan shall ensure, throughout the entire process, compliance with the asylum *acquis* of the Union, in particular with the fundamental rights of applicants for international protection.                  

Following the request to draw up a crisis management action plan, the Member State concerned shall, in cooperation with the                     Commission and EASO, do so promptly, and at the latest within three months of the request.                  

The Member State concerned shall submit its crisis management action plan and shall report, at least every three months, on                     its implementation to the Commission and other relevant stakeholders, such as EASO, as appropriate.                  

The Commission shall inform the European Parliament and the Council of the crisis management action plan, possible revisions                     and the implementation thereof. In those reports, the Member State concerned shall report on data to monitor compliance with                     the crisis management action plan, such as the length of the procedure, the detention conditions and the reception capacity                     in relation to the inflow of applicants.                  

4.Throughout the entire process for early warning, preparedness and crisis management established in this Article, the Council                        shall closely monitor the situation and may request further information and provide political guidance, in particular as regards                        the urgency and severity of the situation and thus the need for a Member State to draw up either a preventive action plan                        or, if necessary, a crisis management action plan. The European Parliament and the Council may, throughout the entire process,                        discuss and provide guidance on any solidarity measures as they deem appropriate.                  

## CHAPTER VIIU.K.**ADMINISTRATIVE COOPERATION**

### Article 34U.K.Information sharing

1.Each Member State shall communicate to any Member State that so requests such personal data concerning the applicant as is                        appropriate, relevant and non-excessive for:                  

(a)determining the Member State responsible;                  

(b)examining the application for international protection;                  

(c)implementing any obligation arising under this Regulation.                  

2.The information referred to in paragraph 1 may only cover:                  

(a)personal details of the applicant, and, where appropriate, his or her family members, relatives or any other family relations                        (full name and where appropriate, former name; nicknames or pseudonyms; nationality, present and former; date and place of                        birth);                  

(b)identity and travel papers (references, validity, date of issue, issuing authority, place of issue, etc.);                  

(c)other information necessary for establishing the identity of the applicant, including fingerprints processed in accordance                        with Regulation (EU) No 603/2013;                  

(d)places of residence and routes travelled;                  

(e)residence documents or visas issued by a Member State;                  

(f)the place where the application was lodged;                  

(g)the date on which any previous application for international protection was lodged, the date on which the present application                        was lodged, the stage reached in the proceedings and the decision taken, if any.                  

3.Furthermore, provided it is necessary for the examination of the application for international protection, the Member State                        responsible may request another Member State to let it know on what grounds the applicant bases his or her application and,                        where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond                        to the request submitted to it, if the communication of such information is likely to harm its essential interests or the                        protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the                        information requested shall be subject to the written approval of the applicant for international protection, obtained by                        the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or                        her approval.                  

4.Any request for information shall only be sent in the context of an individual application for international protection. It                        shall set out the grounds on which it is based and, where its purpose is to check whether there is a criterion that is likely                        to entail the responsibility of the requested Member State, shall state on what evidence, including relevant information from                        reliable sources on the ways and means by which applicants enter the territories of the Member States, or on what specific                        and verifiable part of the applicant’s statements it is based. It is understood that such relevant information from reliable                        sources is not in itself sufficient to determine the responsibility and the competence of a Member State under this Regulation,                        but it may contribute to the evaluation of other indications relating to an individual applicant.                  

5.The requested Member State shall be obliged to reply within five weeks. Any delays in the reply shall be duly justified. Non-compliance                        with the five week time limit shall not relieve the requested Member State of the obligation to reply. If the research carried                        out by the requested Member State which did not respect the maximum time limit withholds information which shows that it is                        responsible, that Member State may not invoke the expiry of the time limits provided for in Articles 21, 23 and 24 as a reason                        for refusing to comply with a request to take charge or take back. In that case, the time limits provided for in Articles                        21, 23 and 24 for submitting a request to take charge or take back shall be extended by a period of time which shall be equivalent                        to the delay in the reply by the requested Member State.                  

6.The exchange of information shall be effected at the request of a Member State and may only take place between authorities                        whose designation by each Member State has been communicated to the Commission in accordance with Article 35(1).                  

7.The information exchanged may only be used for the purposes set out in paragraph 1. In each Member State such information                        may, depending on its type and the powers of the recipient authority, only be communicated to the authorities and courts and                        tribunals entrusted with:                  

(a)determining the Member State responsible;                  

(b)examining the application for international protection;                  

(c)implementing any obligation arising under this Regulation.                  

8.The Member State which forwards the information shall ensure that it is accurate and up-to-date. If it transpires that it                        has forwarded information which is inaccurate or which should not have been forwarded, the recipient Member States shall be                        informed thereof immediately. They shall be obliged to correct such information or to have it erased.                  

9.The applicant shall have the right to be informed, on request, of any data that is processed concerning him or her.                  

If the applicant finds that the data have been processed in breach of this Regulation or of Directive 95/46/EC, in particular                     because they are incomplete or inaccurate, he or she shall be entitled to have them corrected or erased.                  

The authority correcting or erasing the data shall inform, as appropriate, the Member State transmitting or receiving the                     information.                  

The applicant shall have the right to bring an action or a complaint before the competent authorities or courts or tribunals                     of the Member State which refused the right of access to or the right of correction or erasure of data relating to him or                     her.                  

10.In each Member State concerned, a record shall be kept, in the individual file for the person concerned and/or in a register,                        of the transmission and receipt of information exchanged.                  

11.The data exchanged shall be kept for a period not exceeding that which is necessary for the purposes for which they are exchanged.                  

12.Where the data are not processed automatically or are not contained, or intended to be entered, in a file, each Member State                        shall take appropriate measures to ensure compliance with this Article through effective checks.                  

### Article 35U.K.Competent authorities and resources

1.Each Member State shall notify the Commission without delay of the specific authorities responsible for fulfilling the obligations                        arising under this Regulation, and any amendments thereto. The Member States shall ensure that those authorities have the                        necessary resources for carrying out their tasks and in particular for replying within the prescribed time limits to requests                        for information, requests to take charge of and requests to take back applicants.                  

2.The Commission shall publish a consolidated list of the authorities referred to in paragraph 1 in the *Official Journal of the European Union*. Where there are amendments thereto, the Commission shall publish once a year an updated consolidated list.                  

3.The authorities referred to in paragraph 1 shall receive the necessary training with respect to the application of this Regulation.                  

4.The Commission shall, by means of implementing acts, establish secure electronic transmission channels between the authorities                        referred to in paragraph 1 for transmitting requests, replies and all written correspondence and for ensuring that senders                        automatically receive an electronic proof of delivery. Those implementing acts shall be adopted in accordance with the examination                        procedure referred to in Article 44(2).                  

### Article 36U.K.Administrative arrangements

1.Member States may, on a bilateral basis, establish administrative arrangements between themselves concerning the practical                        details of the implementation of this Regulation, in order to facilitate its application and increase its effectiveness. Such                        arrangements may relate to:                  

(a)exchanges of liaison officers;                  

(b)simplification of the procedures and shortening of the time limits relating to transmission and the examination of requests                        to take charge of or take back applicants.                  

2.Member States may also maintain the administrative arrangements concluded under Regulation (EC) No 343/2003. To the extent                        that such arrangements are not compatible with this Regulation, the Member States concerned shall amend the arrangements in                        such a way as to eliminate any incompatibilities observed.                  

3.Before concluding or amending any arrangement referred to in paragraph 1(b), the Member States concerned shall consult the                        Commission as to the compatibility of the arrangement with this Regulation.                  

4.If the Commission considers the arrangements referred to in paragraph 1(b) to be incompatible with this Regulation, it shall,                        within a reasonable period, notify the Member States concerned. The Member States shall take all appropriate steps to amend                        the arrangement concerned within a reasonable time in such a way as to eliminate any incompatibilities observed.                  

5.Member States shall notify the Commission of all arrangements referred to in paragraph 1, and of any denunciation thereof,                        or amendment thereto.                  

## CHAPTER VIIIU.K.**CONCILIATION**

### Article 37U.K.Conciliation

1.Where the Member States cannot resolve a dispute on any matter related to the application of this Regulation, they may have                        recourse to the conciliation procedure provided for in paragraph 2.                  

2.The conciliation procedure shall be initiated by a request from one of the Member States in dispute to the Chairman of the                        Committee set up by Article 44. By agreeing to use the conciliation procedure, the Member States concerned undertake to take                        the utmost account of the solution proposed.                  

The Chairman of the Committee shall appoint three members of the Committee representing three Member States not connected                     with the matter. They shall receive the arguments of the parties either in writing or orally and, after deliberation, shall                     propose a solution within one month, where necessary after a vote.                  

The Chairman of the Committee, or his or her deputy, shall chair the discussion. He or she may put forward his or her point                     of view but may not vote.                  

Whether it is adopted or rejected by the parties, the solution proposed shall be final and irrevocable.

## CHAPTER IXU.K.**TRANSITIONAL PROVISIONS AND FINAL PROVISIONS**

### Article 38U.K.Data security and data protection

Member States shall take all appropriate measures to ensure the security of transmitted personal data and in particular to                     avoid unlawful or unauthorised access or disclosure, alteration or loss of personal data processed.                  

Each Member State shall provide that the national supervisory authority or authorities designated pursuant to Article 28(1)                     of Directive 95/46/EC shall monitor independently, in accordance with its respective national law, the lawfulness of the processing,                     in accordance with this Regulation, of personal data by the Member State in question.                  

### Article 39U.K.Confidentiality

Member States shall ensure that the authorities referred to in Article 35 are bound by the confidentiality rules provided                     for in national law, in relation to any information they obtain in the course of their work.                  

### Article 40U.K.Penalties

Member States shall take the necessary measures to ensure that any misuse of data processed in accordance with this Regulation                     is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective,                     proportionate and dissuasive.                  

### Article 41U.K.Transitional measures

Where an application has been lodged after the date mentioned in the second paragraph of Article 49, the events that are likely                     to entail the responsibility of a Member State under this Regulation shall be taken into consideration, even if they precede                     that date, with the exception of the events mentioned in Article 13(2).                  

### Article 42U.K.Calculation of time limits

Any period of time prescribed in this Regulation shall be calculated as follows:

where a period expressed in days, weeks or months is to be calculated from the moment at which an event occurs or an action                              takes place, the day during which that event occurs or that action takes place shall not be counted as falling within the                              period in question;                           

a period expressed in weeks or months shall end with the expiry of whichever day in the last week or month is the same day                              of the week or falls on the same date as the day during which the event or action from which the period is to be calculated                              occurred or took place. If, in a period expressed in months, the day on which it should expire does not occur in the last                              month, the period shall end with the expiry of the last day of that month;                           

time limits shall include Saturdays, Sundays and official holidays in any of the Member States concerned.

### Article 43U.K.Territorial scope

As far as the French Republic is concerned, this Regulation shall apply only to its European territory.

### Article 44U.K.Committee

1.The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU)                        No 182/2011.                  

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                  

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph                     of Article 5(4) of Regulation (EU) No 182/2011 shall apply.                  

### Article 45U.K.Exercise of the delegation

1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.                  

2.The power to adopt delegated acts referred to in Articles 8(5) and 16(3) shall be conferred on the Commission for a period                        of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation                        of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended                        for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than                        three months before the end of each period.                  

3.The delegation of power referred to in Articles 8(5) and 16(3) may be revoked at any time by the European Parliament or by                        the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take                        effect the day following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                  

4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the                        Council.                  

5.A delegated act adopted pursuant to Articles 8(5) and 16(3) shall enter into force only if no objection has been expressed                        either by the European Parliament or the Council within a period of four months of notification of that act to the European                        Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed                        the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament                        or of the Council.                  

### Article 46U.K.Monitoring and evaluation

By 21 July 2016, the Commission shall report to the European Parliament and to the Council on the application of this Regulation                     and, where appropriate, shall propose the necessary amendments. Member States shall forward to the Commission all information                     appropriate for the preparation of that report, at the latest six months before that time limit expires.                  

After having submitted that report, the Commission shall report to the European Parliament and to the Council on the application                     of this Regulation at the same time as it submits reports on the implementation of the Eurodac system provided for by Article                     40 of Regulation (EU) No 603/2013.                  

### Article 47U.K.Statistics

In accordance with Article 4(4) of Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007                     on Community statistics on migration and international protection(16), Member States shall communicate to the Commission (Eurostat), statistics concerning the application of this Regulation and                     of Regulation (EC) No 1560/2003.                  

### Article 48U.K.Repeal

Regulation (EC) No 343/2003 is repealed.

Articles 11(1), 13, 14 and 17 of Regulation (EC) No 1560/2003 are repealed.

References to the repealed Regulation or Articles shall be construed as references to this Regulation and shall be read in                     accordance with the correlation table in Annex II.                  

### Article 49U.K.Entry into force and applicability

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

It shall apply to applications for international protection lodged as from the first day of the sixth month following its                     entry into force and, from that date, it will apply to any request to take charge of or take back applicants, irrespective                     of the date on which the application was made. The Member State responsible for the examination of an application for international                     protection submitted before that date shall be determined in accordance with the criteria set out in Regulation (EC) No 343/2003.                  

References in this Regulation to Regulation (EU) No 603/2013, Directive 2013/32/EU and Directive 2013/33/EU shall be construed,                     until the dates of their application, as references to Regulation (EC) No 2725/2000(17), Directive 2003/9/EC(18) and Directive 2005/85/EC(19) respectively.                  

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 26 June 2013.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

A. Shatter                            

## ANNEX IU.K.**Repealed Regulations (referred to in Article 48)**

Council Regulation (EC) No 343/2003

(OJ L 50, 25.2.2003, p. 1)                  

Commission Regulation (EC) No 1560/2003 only Articles 11(1), 13, 14 and 17

(OJ L 222, 5.9.2003, p. 3)                  

## ANNEX IIU.K.

### **Correlation table**

U.K.

# STATEMENT BY THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE COMMISSION

The Council and the European Parliament invite the Commission to consider, without prejudice to its right of initiative, a                           revision of Article 8(4) of the Recast of the Dublin Regulation once the Court of Justice rules on case C-648/11 MA and Others                           vs. Secretary of State for the Home Department and at the latest by the time limits set in Article 46 of the Dublin Regulation.                           The European Parliament and the Council will then both exercise their legislative competences, taking into account the best                           interests of the child.                        

The Commission, in a spirit of compromise and in order to ensure the immediate adoption of the proposal, accepts to consider                           this invitation, which it understands as being limited to these specific circumstances and not creating a precedent.                        

1

OJ C 317, 23.12.2009, p. 115.                           

2

OJ C 79, 27.3.2010, p. 58.                           

3

Position of the European Parliament of 7 May 2009 (OJ C 212 E, 5.8.2010, p. 370) 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).                           

4

OJ L 50, 25.2.2003, p. 1.                           

5

OJ L 132, 29.5.2010, p. 11.                           

6

OJ L 337, 20.12.2011, p. 9.                           

7

See page 96 of this Official Journal.

8

See page 60 of this Official Journal.

9

OJ L 222, 5.9.2003, p. 3.                           

10

OJ L 281, 23.11.1995, p. 31.                           

11

See page 1 of this Official Journal.

12

OJ L 218, 13.8.2008, p. 60.                           

13

OJ L 55, 28.2.2011, p. 13.                           

14

OJ L 243, 15.9.2009, p. 1.                           

15

OJ L 348, 24.12.2008, p. 98.                           

16

OJ L 199, 31.7.2007, p. 23.                           

17

Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints                              for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).                           

18

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ L 31, 6.2.2003, p. 18).                           

19

Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures for granting and withdrawing refugee status                              (OJ L 326, 13.12.2005, p. 13).