Proposal for a Regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast) {SEC(2008) 2962} {SEC(2008) 2963}
Date: 2008-12-03
Institutions: European Commission
Subjects: EU Member State, diplomatic protection, foreign national, international law, right of asylum, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.1.2008 
COM(2008) 820 final/2 

2008/0243 (COD) 

CORRIGENDUM : corrections on the formatting 
Concerns the EN version 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

(Recast) 

{SEC(2008) 2962} 
{SEC(2008) 2963} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal  

This proposal is a recasting of Council Regulation (EC) No 343/2003/EC of 18 February 2003 
on 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 
(hereafter: the Dublin Regulation).1 

The Commission's Evaluation Report of the Dublin system issued on 6 June 2007 (hereafter: 
the Evaluation Report on Dublin)2 as well as contributions received by various stakeholders in 
response  to  the  Green  Paper3  consultation  process  have  identified  a  number  of  deficiencies 
related mainly to the efficiency of the system put in place by the current legislative provisions 
and the level of protection afforded to applicants for international protection which are subject 
to the Dublin procedure. The Commission therefore wishes to amend the Dublin Regulation 
in order, on the one hand, to enhance the system's efficiency and, on the other, to ensure that 
the needs of applicants for international protection are comprehensively addressed under the 
responsibility  determination  procedure.  Moreover,  in  line  with  the  Policy  Plan  on  Asylum4, 
the  proposal  is  aimed  at  addressing  situations  of  particular  pressure  on  Member  States' 
reception  capacities  and  asylum  systems,  as  well  as  situations  where  there  is  an  inadequate 
level of protection for applicants for international protection. 

As  announced  in  the  Policy  Plan  on  Asylum,  this  proposal  is  part  of  a  first  package  of 
proposals  which  aim  to  ensure  a  higher  degree  of  harmonisation  and  better  standards  of 
protection for the Common European Asylum System (hereafter: CEAS). It is adopted at the 
same time of the recast of the Eurodac Regulation5 and the recast of the Reception Conditions 
Directive6. In 2009, the Commission will propose to amend the Qualification Directive7 and 
the  Asylum  Procedures  Directive8.  In  addition,  in  the  first  quarter  of  2009  the  Commission 

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OJ L 50, 25.2.2003, p.1 
Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the  evaluation  of  the 
Dublin system, COM (2007) 299 final, SEC (2007) 742. The "Dublin system" aims to determine which 
Member State is responsible for examining an asylum application lodged by a third-country national on 
the territory of one of the Member States. It consists of the Dublin and Eurodac Regulations. 
Green Paper on the future of the Common European Asylum System, COM (2007) 301. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  Regions  on  the  'Policy  Plan  on  Asylum  an 
Integrated Approach to Protection Across the EU' of 17 June 2008, COM (2008) 360, COM (2008) 360. 
Proposal for a Regulation of the European Parliament and of the Council concerning the establishment 
of  'Eurodac'  for  the  comparison  of  fingerprints  for  the  effective  application  of  Regulation  (EC)  No 
[…/…]  [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], COM (2008) 825. 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  laying  down  minimum 
standards for the reception of asylum seekers, COM (2008) 815. 
Council Directive 2004/83/EC on minimum standards for the qualification and status of third country 
nationals  and  stateless  persons  as  refugees  or  as  persons  who  otherwise  need  international  protection 
and the content of the protection granted, OJ L 304, 30.9.2004, p.12. 
Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and 
withdrawing refugee status, OJ L 326, 13.12.2005, p.13. 

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will  propose  the  establishment  of  a  European  Asylum  Support  Office,  which  will  aim  to 
provide  practical  assistance  to  Member  States  in  taking  decisions  on  asylum  claims.  The 
Support  Office  will  also  provide  assistance  to  Member  States  who  are  faced  with  particular 
pressures on their national asylum system, notably because of their geographical position, to 
comply  with  requirement  of  Community  legislation,  by  providing  specific  expertise  and 
practical support.  

•  General context 

In  an  area  without  controls  at  the  internal  borders  of  the  Member  States,  a  mechanism  for 
determining responsibility for asylum applications lodged in the Member States was needed 
in  order,  on  the  one  hand,  to  guarantee  effective  access  to  the  procedures  for  determining 
refugee  status  and  not  to  compromise  the  objective  of  the  rapid  processing  of  asylum 
applications and, on the other, to prevent abuse of asylum procedures in the form of multiple 
applications for asylum submitted by the same person in several Member States with the sole 
aim of extending his/her stay in the Member States.  

Arrangements  for  determining  responsibility  for  considering  asylum  applications  were 
initially  part  of  the  intergovernmental  Schengen  Convention,  and  were  replaced  with  the 
Convention determining the State responsible for examining applications for asylum lodged in 
one of the Member States of the European Communities, known as the "Dublin Convention"9. 
To support the operation of the Dublin Convention, Council Regulation 2725/2000/EC of 11 
December  2000  for  the  establishment  of  Eurodac  (a  Community-wide  system  for  the 
comparison  of  the  fingerprints  of  asylum  applicants)  was  adopted  (hereafter:  the  Eurodac 
Regulation)10. 

In order to implement Article 63(1)(a) of the EC Treaty which required the replacement of the 
Dublin Convention with a Community legal instrument and to respond to the wish expressed 
by the Tampere European Council's conclusions of October 1999, the Dublin Regulation was 
adopted in February 2003.  

The  Dublin  Regulation  is  considered  the  first  cornerstone  of  the  CEAS.  It  significantly 
improved the Dublin Convention, including a number of innovations, and it was based on the 
same  general  principles,  in  particular  the  fact  that  the  responsibility  for  examining  an 
application should primarily lie with the Member State which played the greatest part in the 
applicant's  entry  into  and  residence  in  the  territories  of  the  Member  States,  with  some 
exceptions designed to protect family unity. 

The Hague Programme invited the Commission to conclude the evaluation of the first-phase 
of legal instruments on asylum and to submit the second-phase instruments and measures to 
the Council and the European Parliament with a view to their adoption before the end of 2010. 
The Evaluation Report on Dublin concluded that overall, the main objectives of the system, 
notably  to  establish  a  clear  and  workable  mechanism  for  determining  responsibility  for 
asylum  applications,  have,  to  a  large  extent,  been  achieved,  but  that  some  concerns  remain, 
both  regarding  the  practical  application  and  the  effectiveness  of  the  system.  Moreover,  the 
responses  to  the  Green  Paper  also  identified  an  important  number  of  shortcomings  in  the 

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OJ  C  254,  19.08.1997,  p.1.  The  Convention  entered  into  force  on  1  September  1997  for  the  twelve 
original signatories, on 1 October 1997 for Austria and Sweden, and on 1 January 1998 for Finland.  
OJ L 316, 15.12.2000, p.1. 

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protection afforded to applicants for international protection who are affected by the Dublin 
Regulation.  

Accordingly, this proposal to amend the Dublin Regulation responds to the invitation of the 
Hague  Programme  and 
the 
implementation of the Dublin Regulation. 

is  aimed  at  addressing 

the  deficiencies 

identified 

in 

Moreover,  the  proposal  aims  to  ensure  consistency  with  developments  in  the  EU  asylum 
acquis, in particular with the Asylum Procedures Directive, with the Qualification Directive, 
and with the Council Directive 2003/9/EC on minimum standards for the reception of asylum 
seekers (hereafter: the Reception Conditions Directive)11.  

A detailed analysis of the problems identified in relation to this Regulation and concerning the 
preparation carried out for its revision, the identification and assessment of policy sub-options 
and the identification and assessment of the preferred policy option is included in the Impact 
Assessment, annexed to the present proposal. 

•  Existing provisions in the area of the proposal 

The  "Dublin  system"  consists  of  the  Dublin  and  Eurodac  Regulations,  and  their  two 
Implementing Regulations: Commission Regulation (EC) No 1560/2003 of 2 September 2003 
laying  down  detailed  rules  for  the  application  of  Council  Regulation  (EC)  No  343/2003 
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 (hereafter: the Dublin Implementing Regulation)12 and Council Regulation (EC) No 
407/2002  of  28  February  2002  laying  down  certain  rules  to  implement  Regulation  (EC)  No 
2725/2000 concerning the establishment of "Eurodac" for the comparison of fingerprints for 
the effective application of the Dublin Convention13. 

The  Regulation  of  the  European  Parliament  and  of  the  Council  adapting  a  number  of 
instruments  subject  to  the  procedure  referred  to  in  Article  251  of  the  Treaty  to  Council 
Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory 
procedure  with  scrutiny14,  adapted  several  provisions  of  the  Dublin  Regulation  to  the 
regulatory procedure with scrutiny. These are incorporated into the current proposal. 

•  Consistency with other policies 

This proposal is fully in line with the Tampere European Council Conclusions of 1999 and the 
Hague  Programme  of  2004  in  relation  to  the  establishment  of  the  CEAS.  It  is  also  fully 
compatible  with  the  Charter  of  Fundamental  Rights  of  the  European  Union,  in  particular  as 
regards the right to asylum and the protection of personal data. 

2. 

CONSULTATION OF INTERESTED PARTIES  

The Commission undertook a two-track approach for the evaluation of the Dublin system: a 
technical and a policy evaluation. The technical evaluation (the Evaluation Report on Dublin) 

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OJ L 31, 6.2.2003, p.18. 
OJ L 222, 5.9.2003, p.3. 
OJ L 62, 5.3.2002, p.1. 
OJ L 304, 14.11.2008, p.80. 

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was  based  on  a  wide  range  of  contributions  from  Member  States,  including  answers  to  a 
detailed  questionnaire  sent  by  the  Commission  in  July  2005,  regular  discussions  in  expert 
meetings and statistics. Contributions from other stakeholders, in particular from the UNHCR 
and "civil society" organisations have also been carefully considered. The consultation based 
on the Green Paper on the future of the CEAS served as a policy evaluation. The response to 
this  public  consultation  included  89  contributions  from  a  wide  range  of  stakeholders.  The 
issues raised and the suggestions put forward during the consultation have provided the main 
basis  for  the  preparation  of  the  Policy  Plan  on  Asylum,  which  sets  out  a  road-map  for  the 
coming  years  and  lists  the  measures  that  the  Commission  intends  to  propose  in  order  to 
complete  the  second  phase  of  the  CEAS,  including  inter  alia  the  proposal  to  amend  the 
Dublin Regulation. 

On  5  March  2008  the  Commission  services  informally  discussed  the  broad  outline  of  this 
proposal  with  the  Member  States  in  the  Committee  on  Immigration  and  Asylum  (CIA). 
Furthermore, expert meetings were also organised between October 2007 and July 2008 with 
Member  States'  practitioners,  UNHCR  and  NGOs,  lawyers  and  judges  and  Members  of  the 
European Parliament in order to seek their views on the improvements needed to the Dublin 
Regulation.  

From  the  consultation  process  it  emerged  that  the  majority  of  Member  States  favour 
maintaining the founding principles of the Dublin Regulation, while acknowledging the need 
to improve certain aspects, primarily related to its efficiency. On the other hand, many civil 
society organisations and the UNHCR argue for a fundamentally different approach, based on 
allocating  responsibility  according  to  where  an  application  for  international  protection  is 
made.  However,  in  the  absence  of  political  will  for  such  a  change,  they  call  for  better 
addressing  within  the  Regulation  the  protection  needs  of  applicants  for  international 
protection.  The  European  Parliament  in  a  report  adopted  on  2  September  2008  on  the 
evaluation of the Dublin system15, suggested a number of improvements to the current system, 
most of which are protection-oriented.  

The  Commission's  proposal  takes  into  account  the  concerns  expressed  by  all  interested 
parties.  While  proposing  to  uphold  the  underlying  principles  of  the  Dublin  Regulation,  the 
Commission considers that it is particularly important to address in the current proposal both 
the efficiency and the protection related concerns.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  main  aim  of  the  proposal  is  to  increase  the  system's  efficiency  and  to  ensure  higher 
standards  of  protection  for  persons  falling  under  the  "Dublin  procedure".  At  the  same  time, 
the  proposal  aims  to  contribute  to  better  addressing  situations  of  particular  pressure  on 
Member States' reception facilities and asylum systems.  

The  proposal  retains  the  same  underlying  principles  as  in  the  existing  Dublin  Regulation, 
namely  that  responsibility  for  examining  an  application  for  international  protection  lies 
primarily with the Member State which played the greatest part in the applicant's entry into or 

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P6_TA-PROV(2008)0385 

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residence  on  the  territories  of  the  Member  States,  subject  to  exceptions  designed  to  protect 
family unity.  

Moreover, it generally maintains the nature of the instrument which is to essentially lay down 
the Member States' obligations vis-à-vis each other, and to include provisions regulating the 
Member States' obligations vis-à-vis asylum seekers subject to the Dublin procedure only in 
so far as those provisions affect the course of the proceedings between Member States or are 
necessary to ensure consistency with other asylum instruments. However, it is proposed both 
that  the  existing  procedural  safeguards  be  ameliorated  so  as  to  ensure  a  higher  degree  of 
protection and that new legal safeguards be included so as to better respond to the particular 
needs of the persons subject to the Dublin procedure, while at the same time seeking to avoid 
any loopholes in their protection. 

The proposal addresses the following issues: 

1. Scope of the Regulation and consistency with asylum acquis 

The  proposal  extends  the  scope  of  the  application  of  the  Regulation  in  order  to  include 
applicants  for  (and  beneficiaries  of)  subsidiary  protection.  This  modification  is  considered 
necessary  with  a  view  to  ensuring  consistency  with  the  EU  acquis,  namely  with  the 
Qualification  Directive  which  introduced  the  legal  notion  of  subsidiary  protection.  The 
proposal moreover aligns the terminology and definitions  used in  the Regulation  with those 
contained in the other asylum instruments. 

2. Efficiency of the system 

With the aim of ensuring that the responsibility determination procedure operates smoothly, 
several modifications are proposed, in particular: 

•  Deadlines for submitting take back requests are established and the deadline for replying to 
requests  for  information  is  reduced;  a  deadline  for  replying  to  requests  on  humanitarian 
grounds is introduced and it is clarified that requests on humanitarian grounds can be made 
at  any  time.  These  modifications  aim  to  ensure  that  the  responsibility  determination 
procedure will become more efficient and rapid; 

•  The  cessation  of  responsibility  clauses  have  been  clarified  as  regards  in  particular  the 
circumstances  under  which  the  cessation  clauses  should  apply,  the  Member  State  which 
bears  the  burden  of  proof  and  the  consequences  of  the  cessation  of  responsibility.  These 
clarifications aim to ensure a more uniform application of the Regulation and to diminish 
divergences  of  interpretation  by  the  Member  States  which  may  complicate  or  delay  the 
determination of the Member State responsible; 

•  The circumstances and procedures for applying the discretionary clauses (humanitarian and 
sovereignty) have been clarified,  with the  aim inter  alia of ensuring a more uniform and 
efficient  application  of  the  Regulation  by  the  Member  States.  The  details  of  the 
modifications made to these clauses are inserted under point 4; 

•  Rules on transfers have been added, i.e. on erroneous transfers and costs for transfers. A 
new  provision  on  the  sharing  of  relevant  information  before  transfers  are  carried  out  is 
added  (details  are  given  under  point  5),  in  view  of  inter  alia  facilitating  cooperation 
between Member States on practical arrangements for transfers; 

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•  The  existing  dispute  settlement  mechanism,  provided  currently  by 

the  Dublin 
Implementing Regulation only for divergences between Member States in the application 
of the humanitarian clause, has been extended in order to cover matters of dispute on the 
application of the entire Regulation; 

•  In  order  for  the  authorities  to  gather  all  necessary  information  in  view  of  identifying  the 
Member State responsible and, if need be, in order to inform orally the applicant about the 
application of the Regulation, a provision on the organisation of a compulsory interview is 
inserted.  This  aims  at  both  increasing  the  efficiency  of  the  system,  by  facilitating  its 
application,  and  at  providing  adequate  safeguards  for  the  applicants  for  international 
protection. 

3. Legal safeguards for the persons falling under the Dublin procedure 

In  order  to  strengthen  the  legal  safeguards  for  applicants  for  international  protection  and 
enable them to better defend their rights, the proposal introduces a number of modifications: 

•  The content, form and the timing for providing information to applicants for international 
protection are specified in greater detail in the Regulation. Moreover, the proposal foresees 
the adoption of a common information leaflet to be used across the Member States. Better 
informing  applicants  for  international  protection  of  the  implications  of  the  Dublin 
Regulation  will  increase  their  awareness  of  the  responsibility  determination  procedure, 
which could inter alia contribute to reducing the phenomenon of secondary movements;  

•  The  right  to  appeal  against  a  transfer  decision,  together  with  the  obligation  for  the 
competent authorities to decide whether or not its enforcement should be suspended and to 
allow  the  person  concerned  to  remain  on  the  territory  pending  such  a  decision,  are  laid 
down. Moreover, the right to legal assistance and/or representation, and where necessary to 
linguistic assistance, is clarified and the notification process is further clarified in order to 
ensure a more effective right to seek a remedy; 

•  A  new  provision  recalling  the  underlying  principle  that  a  person  should  not  be  held  in 
detention for the sole reason that he/she is seeking international protection is included. This 
principle  confirms  the  EU  acquis  on  detention,  in  particular  the  Asylum  Procedures 
Directive  and  also  ensures  compliance  with  the  EU  Charter  of  Fundamental  Rights  and 
with  international  human  rights  instruments  such  as  the  European  Convention  for  the 
Protection  of  Human  Rights  and  Fundamental  Freedoms  and  the  UN  Convention  against 
Torture  and  other  Cruel  Inhuman  or  Degrading  Treatment  or  Punishment.  Moreover,  in 
order  to  ensure  that  detention  of  asylum-seekers  under  the  Dublin  procedure  is  not 
arbitrary,  limited  specific  grounds  for  such  detention  are  proposed.  The  same  level  of 
treatment  as  for  all  detained  asylum-seekers,  regulated  under  the  proposal  amending  the 
Reception Conditions Directive, has to be applied also for Dublin cases. As in the proposal 
amending the Receptions Conditions Directive, the special situation of minors and that of 
unaccompanied minors is taken into account by laying down specific rules for them. Since 
this  provision  only  concerns  the  limited  grounds  for  detaining  persons  falling  under  the 
Dublin procedure, it is logical to include it in this Regulation rather than in the proposal 
amending the Reception Conditions Directive; 

•  Several provisions are clarified in order to guarantee respect for the principle of effective 

access to the asylum procedure. 

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4. Family unity, sovereignty clause and humanitarian clause 

In order to strengthen the right to family unity and to clarify the interactions with and between 
the sovereignty and humanitarian clauses it is proposed to: 

•  Extend the right to family reunification to include family members who are beneficiaries of 

subsidiary protection and who reside in another Member State; 

•  Make  compulsory  the  reunification  of  dependent  relatives  (i.e.  either  a  relative  which  is 
dependant  on  an  applicant  or  an  applicant  which  is  dependant  on  a  relative)  and  of 
unaccompanied  minors  with  relatives  who  can  take  care  of  them.  This  is  achieved  by 
essentially  moving  the  current  provisions  dealing  with  these  two  issues  from  the 
humanitarian  clause  and  inserting  them  under  the  binding  responsibility  determination 
criteria; 

•  Extend  the  definition  of  "family  members"  as  far  as  minors  are  concerned,  in  order  to 

ensure better protection of the "best interests of the child"; 

•  Exclude  the  possibility  of  sending  back  an  applicant  for  whom  one  of  the  family  unity 
criteria  can  be  applied  at  the  time  of  the  most  recent  application,  on  condition  that  the 
Member State where the first application was lodged has not already taken a first decision 
regarding  the  substance.  The  aim  is  to  ensure  in  particular  that  possible  new  elements 
regarding the family situation of the asylum seeker can duly be taken into account by the 
Member  State  on  whose  territory  the  asylum  seeker  is,  in  line  with  the  obligations  laid 
down  in  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms;  

•  For  reasons  of  clarity,  the  "sovereignty"  and  the  "humanitarian"  clauses  are  brought 
together  under  the  same  Chapter,  called  "discretionary  clauses",  and  are  revised.  It  is 
proposed that the "sovereignty clause" be used mainly for humanitarian and compassionate 
reasons.  Regarding  the  circumstances  for  applying  the  "humanitarian  clause",  it  is 
proposed  to  keep  a  general  clause  allowing  Member  States  to  use  it  whenever  the  strict 
application of the binding criteria will lead to a separation of family members or of other 
relatives;  

•  Several aspects of the procedure regarding the application of the discretionary clauses are 
also  clarified.  In  order  to  ensure  that  the  sovereignty  clause  is  not  applied  against  the 
interests of the applicant, the obligation to obtain the consent of the applicant is retained. 

5. Unaccompanied minors and other vulnerable groups 

In  order  to  better  take  into  consideration  the  interests  of  unaccompanied  minors  during  the 
Dublin  procedure,  the  proposal  clarifies  and  expands  the  scope  of  the  existing  provision  on 
unaccompanied minors and lays down further protection safeguards: 

•  A  new  provision  dealing  with  guarantees  for  minors  is  added,  spelling  out  inter  alia  the 
criteria  Member States have  to take  into account  when  assessing  the  best  interests  of  the 
child and specifying the right of being represented;  

•  The protection afforded to unaccompanied minors is enlarged to allow for reunification not 
only with the nuclear family but also with other relatives present in another Member State 

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who can take care of them, as mentioned above. It is further clarified that, in the absence of 
a  family  member  or  another  relative,  the  Member  State  responsible  is  the  one  where  the 
applicant lodged his/her most recent application, provided this is in his/her best interests.  

Regarding in general the protection of vulnerable groups within the Dublin procedure: 

With the primary aim of ensuring continuity in the protection offered to applicants under the 
Dublin procedure subject to transfer decisions to the responsible Member State, the proposal 
includes  a  mechanism  on  sharing  of  relevant  information  between  Member  States  before 
transfers being carried out.  

6. Particular pressure or inadequate level of protection  

In order to avoid that, in cases of particular pressure on certain Member States with limited 
reception  and  absorption  capacities,  Dublin  transfers  add  to  the  burden  on  those  Member 
States,  a  new  procedure  is  inserted  in  the  Regulation  allowing  for  the  suspension  of  Dublin 
transfers towards the responsible Member State. Such a procedure can also be used in cases 
where there are concerns that Dublin transfers could result in applicants not benefiting from 
adequate  standards  of  protection  in  the  responsible  Member  State,  in  particular  in  terms  of 
reception conditions and access to the asylum procedure. 

•  Linguistic corrections 

One linguistic correction had to be inserted in the Italian version of this proposal, namely in 
its  Article  3(3),  where  the  reference  to  "third"  before  "country"  was  added.  This  aligns  the 
Italian version of Article 3(3) of Regulation 343/2003/EC with the other linguistic versions of 
that Regulation and is needed in order to prevent any risk of misinterpreting that Article. 

Other linguistic corrections may equally occur in other language versions of the Regulation.  

•  Legal basis 

This  proposal  amends  Regulation  343/2003/EC  and  uses  the  same  legal  base  as  that  act, 
namely Article 63, first paragraph, point (1)(a) of the EC Treaty.  

Title IV of the Treaty is not applicable to the United Kingdom and Ireland, unless those two 
countries  decide  otherwise,  in  accordance  with  the  provisions  set  out  in  the  Protocol  on  the 
position of the United Kingdom and Ireland attached to the Treaties.  

The  United  Kingdom  and  Ireland  are  bound  by  Regulation  343/2003/EC  following  their 
notice of their wish to take part in the adoption and application of that Regulation based on 
the above-mentioned Protocol. The position of these Member States with regard to Regulation 
343/2003 does not affect their possible participation with regard to the amended Regulation.  

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark attached to the 
Treaties, Denmark does not take part in the adoption of this Regulation and is not bound by it 
nor  subject  to  its  application.  However,  given  that  Denmark  applies  the  current  Dublin 
Regulation, following an international agreement that it concluded with the EC in 2006,16 it 

16 

Agreement  between  the  European  Community  and  the  Kingdom  of  Denmark  on  the  criteria  and 
mechanisms  for  establishing  the  State  responsible  for  examining  a  request  for  asylum  lodged  in 

EN 

9 

   EN 

                                                 
shall, in accordance with Article 3 of that agreement, notify the Commission of its decision 
whether or not to implement the content of the amended Regulation. 

•  Impact of the proposal on non EU Member States associated to the Dublin system 

In  parallel  to  the  association  of  several  non-EU  Member  States  to  the  Schengen  acquis,  the 
Community concluded, or is in the process of doing so, several agreements associating these 
countries also to the Dublin/Eurodac acquis: 

-the agreement associating Iceland and Norway, concluded in 200117; 

-the agreement associating Switzerland, concluded on 28 February 200818; 

-the protocol associating Liechtenstein, signed on 28 February 200819. 

In  order  to  create  rights  and  obligations  between  Denmark  –  which  as  explained  above  has 
been  associated  to  the  Dublin/Eurodac  acquis  via  an  international  agreement  –  and  the 
associated  countries  mentioned  above,  two  other  instruments  have  been  concluded  between 
the Community and the associated countries20. 

In accordance with the three above-cited agreements, the associated countries shall accept the 
Dublin/Eurodac  acquis  and its  development without exception. They do not take part in the 
adoption  of  any  acts  amending  or  building  upon  the  Dublin  acquis  (including  therefore  this 
proposal)  but  have  to  notify  to  the  Commission  within  a  given  time-frame  of  their  decision 
whether  or  not  to  accept  the  content  of  that  act,  once  approved  by  the  Council  and  the 
European Parliament. In case Norway, Iceland, Switzerland or Liechtenstein do not accept an 
act amending or building upon the Dublin/Eurodac acquis, the "guillotine" clause is applied 
and  the  respective  agreements  will  be  terminated,  unless  the  Joint/Mixed  Committee 
established by the agreements decides otherwise by unanimity. 

17 

18 

19 

20 

Denmark  or  any  other  Member  State  of  the  European  Union  and  “Eurodac”  for  the  comparison  of 
fingerprints for the effective application of the Dublin Convention, OJ L66, 8.3.2006, p.38 
Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway 
concerning the criteria and mechanisms for establishing the State responsible for examining a request 
for asylum lodged in a Member State or in Iceland or Norway, OJ L 93, 3.4.2001, p.40. 
Agreement between the European Community and the Swiss Confederation concerning the criteria and 
mechanisms  for  establishing  the  State  responsible  for  examining  a  request  for  asylum  lodged  in  a 
Member State or in Switzerland, OJ L 53, 27.2.2008, p. 5. 
Protocol  between  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  on  the  accession  of  Liechtenstein  to  the  Agreement  between  the  European  Community 
and  Switzerland  concerning  the  criteria  and  mechanisms  for  establishing  the  State  responsible  for 
examining  a  request  for  asylum  lodged  in  a  the  Member  State  or  in  Switzerland  (COM  (2006)754, 
conclusion pending). 
Protocol  between  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  to  the  Agreement  between  the  European  Community  and  the  Swiss  Confederation 
concerning the criteria and mechanisms for establishing the State responsible for examining a request 
for  asylum  lodged  in  a  Member  State  or  in  Switzerland  (2006/0257  CNS,  concluded  on  24.10.2008, 
publication in OJ pending) and Protocol to the Agreement between the Community, Republic of Iceland 
and  the  Kingdom  of  Norway  concerning  the  criteria  and  mechanisms  for  establishing  the  State 
responsible for examining a request for asylum lodged in a Member State, Iceland and Norway (OJ L 
57, 28.2.2006, p.16). 

EN 

10 

   EN 

                                                                                                                                                         
•  Subsidiarity principle 

Title IV of the EC Treaty ('TEC') on visas, asylum, immigration and other policies related to 
free movement of persons confers certain powers in relation to these matters on the European 
Community. These powers must be exercised in accordance with Article 5 TEC, i.e. if and in 
so far as the objectives of the proposed action cannot be sufficiently achieved by the Member 
States  and  can,  therefore,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be  better 
achieved by the Community. 

The  current  legal  basis  for  Community  action  regarding  the  criteria  and  mechanisms  for 
determining  which  Member  State  is  responsible  for  considering  an  application  for  asylum 
submitted by a national of  a  third  country in one of the Member States, is  Article 63 (1)(a) 
TEC. 

Due to the trans-national nature of the problems related to asylum in general, the EU is well 
placed  to  propose  solutions  in  the  framework  of  the  Common  European  Asylum  System 
(CEAS)  to  the  issues  identified  as  problems  regarding  the  application  of  the  Dublin 
Regulation. Although a considerable degree of harmonization was achieved in the Regulation 
adopted in 2003, there is still room for EU action so as to ensure a more efficient and a more 
protective Dublin system. 

•  Proportionality principle  

The impact  assessment on  the amendment  of the Dublin Regulation  carefully  assessed each 
option  for  addressing  the  problems  identified,  with  a  view  to  achieving  a  balance  between 
costs and benefits, before reaching the conclusion that opting for the EU action put forward in 
this proposal does not go beyond what is necessary to achieve the objective of solving those 
problems. 

•  Impact on fundamental rights 

This proposal was made subject to an in-depth scrutiny in order to ensure that its provisions 
are fully compatible with fundamental rights as general principles of Community as well as 
international  law.  Particular  emphasis  was  put  on  the  need  to  strengthen  the  legal  and 
procedural safeguards for persons subject to the Dublin procedure and to enable them to better 
defend their rights as well as on the need to ensure better respect for the right to family unity 
and to improve the situation of vulnerable groups in particular that of unaccompanied minors 
in order to better address their special needs.  

Ensuring  a  higher  degree  of  protection  for  the  persons  subject  to  the  Dublin  procedure  will 
have an overall strong positive impact for asylum-seekers from a fundamental rights point of 
view. In particular, better informing asylum-seekers about the application of this Regulation 
and  their  rights  and  obligations  within  it  will  on  the  one  hand  enable  them  to  better  defend 
their  rights  and  on  the  other  hand  could  contribute  to  diminish  the  level  of  secondary 
movements  as  asylum-seekers  will  be  better  inclined  to  comply  with  the  system.  The 
effectiveness of the right to judicial remedy will be increased, in particular by: laying down 
the  right  to  appeal  against  a  transfer  decision  and  the  right  of  not  being  transferred  until  a 
decision  on  the  need  to  suspend  the  enforcement  of  the  transfer  is  taken;  providing  that  a 
person notified with a transfer decision should be granted a reasonable period of time to seek 
a remedy; laying down the right to legal assistance and/or representation. The principle of an 
effective  access  to  the  asylum  procedure,  which  is  part  of  the  right  to  asylum,  will  be 

EN 

11 

   EN 

strengthened by clarifying the obligation for the Member State responsible to proceed to a full 
assessment  of  the  protection  needs  of  asylum-seekers  transferred  to  it  under  the  Dublin 
procedure. The right to liberty and freedom of movement will be reinforced by providing 
that detention of persons under the Dublin procedure should only be allowed in an exceptional 
case prescribed under the Regulation and only if it is in line with the principles of necessity 
and proportionality. Due account must be taken of the situation of minors whose detention is 
only  allowed  if  it  is  in  their  best  interests,  whereas  unaccompanied  minors  must  never  be 
detained. 

The right to family reunification will be considerably reinforced, in particular by enlarging 
the scope of the Regulation to include applicants and beneficiaries of subsidiary protection, by 
making  compulsory  the  reunification  of  dependent  relatives  and  by  forbidding,  subject  to 
certain conditions, the sending back of an applicant for whom one of the family unity criteria 
can be applied at the time of his/her most recent application. These safeguards will not only 
provide for an increased standard of protection for asylum-seekers but will also contribute to 
reduce the level of secondary movements, as the personal situation of each asylum-seeker will 
be better taken into account in the process of determining the Member State responsible. 

Finally,  the  specific  situations  of  vulnerable  groups  will  be  more  adequately  addressed  in 
particular  by  strengthening  the  rights  of  unaccompanied  minors  through,  inter  alia,  better 
defining  the  principle  of  the  best  interests  of  the  child  and  by  setting  out  a  mechanism  on 
exchange  of  relevant  information,  notably  on  medical  conditions  of  the  person  to  be 
transferred, with the primary aim of ensuring continuity in the protection and rights afforded 
to that person.  

Member  States  are  obliged  to  apply  the  provisions  of  this  Regulation  in  full  respect  of 
fundamental  rights.  A  monitoring  and  evaluation  requirement  is  foreseen  in  the  Regulation. 
This monitoring will also cover those provisions impacting on fundamental rights. 

EN 

12 

   EN 

(cid:208) 343/2003/EC 
(cid:214) new 
2008/0243 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing the criteria and mechanisms for determining the Member State responsible 
for examining an asylum application (cid:214) for international protection  lodged in one of 
the Member States by a third-country national (cid:214) or a stateless person  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
63, first paragraph, point (1)(a) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee21, 

Having regard to the opinion of the Committee of the Regions22, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty23, 

Whereas: 

(cid:216) new 

(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  national24.  In  the  interests  of 
clarity, that Regulation should be recast. 

21 
22 
23 
24 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 50, 25.2.2003, p.1.  

EN 

13 

   EN 

 
 
                                                 
(2) 

A  common  policy  on  asylum,  including  a  Common  European  Asylum  System,  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 Community.  

(cid:208) 343/2003/EC recital 1 

(cid:208) 343/2003/EC recital 2 

(3) 

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, 
agreed to work towards establishing a Common European Asylum System, based on 
the  full  and  inclusive  application  of  the  Geneva  Convention  relating  to  the  Status  of 
Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 
1967,  thus  ensuring  that  nobody  is  sent  back  to  persecution,  i.e.  maintaining  the 
principle of non-refoulement. In this respect, and without affecting the responsibility 
criteria  laid  down  in  this  Regulation,  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 this system should include, in the short term, 
a  clear  and  workable  method  for  determining  the  Member  State  responsible  for  the 
examination of an asylum application. 

(cid:208) 343/2003/EC recital 3 

(cid:208) 343/2003/EC recital 4 
(cid:214) new 

(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  determining  refugee  (cid:214) international  protection   status  and  not  to 
compromise  the  objective  of  the  rapid  processing  of  asylum  applications  (cid:214) for 
international protection  . 

(cid:208) 343/2003/EC recital 5 

As regards the introduction in successive phases of a common European asylum system that 
should lead, in the longer term, to a common procedure and a uniform status, valid throughout 
the Union, for those granted asylum, it is appropriate at this stage, while making the necessary 
improvements in the light of experience, to confirm the principles underlying the Convention 
determining the State responsible for examining applications for asylum lodged in one of the 
Member  States  of  the  European  Communities(4),  signed  in  Dublin  on  15  June  1990 

EN 

14 

   EN 

 
 
 
 
 
(hereinafter referred to as the Dublin Convention), whose implementation has stimulated the 
process of harmonising asylum policies. 

(cid:216) new 

(6) 

(7) 

(8) 

(9) 

(10) 

The  first  phase  in  the  creation  of  a  Common  European  Asylum  System  that  should 
lead, in the longer term, to a common procedure and a uniform status, valid throughout 
the Union, for those granted asylum, has now been achieved. The European Council of 
4  November  2004  adopted  The  Hague  Programme  which  sets  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 Council and the European Parliament with a view to 
their adoption before 2010.  

In the light of the results of the evaluations undertaken, it is appropriate, at this stage, 
to confirm the principles underlying the Regulation (EC) No 343/2003, while making 
the necessary improvements in the light of experience to enhance the effectiveness of 
the system and the protection granted to applicants for international protection under 
this procedure. 

In view of ensuring equal treatment for all applicants and beneficiaries of international 
protection, as well as in order to ensure consistency with current EU asylum acquis, in 
particular with Council Directive 2004/83/EC of 29 April 2004 on minimum standards 
for  the  qualification  and  status  of  third  country  nationals  or  stateless  persons  as 
refugees or as persons who otherwise need international protection and the content of 
the protection granted,25 it is appropriate to extent the scope of this Regulation in order 
to  include  applicants  for  subsidiary  protection  and  persons  enjoying  subsidiary 
protection. 

In  order  to  ensure  equal  treatment  of  all  asylum  seekers,  Directive  […/…/EC]  of  … 
laying down minimum standards for the reception of asylum seekers26 should apply to 
the  procedure  regarding  the  determination  of  the  Member  State  responsible  as 
regulated under this Regulation. 

In  accordance  with  the  1989  United  Nations  Convention  on  the  Rights  of  the  Child 
and the Charter of Fundamental Rights of the European Union, the best interests of the 
child  should  be  a  primary  consideration  of  Member  States  in  the  application  of  this 
Regulation.  In  addition,  specific  procedural  guarantees  for  unaccompanied  minors 
should be laid down on account of their particular vulnerability. 

25 
26 

OJ L 304, 30.9.2004, p. 12. 
OJ L […], […], p. […]. 

EN 

15 

   EN 

 
                                                 
Family  unity  should  be  preserved  in  so  far  as  this  is  compatible  with  the  other  objectives 
pursued  by  establishing  criteria  and  mechanisms  for  determining  the  Member  State 
responsible for examining an asylum application. 

(cid:208) 343/2003/EC recital 6 

(11) 

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

(cid:216) new 

(cid:208) 343/2003/EC (recital 7) 
(cid:214) new 

(12)  The processing together of the asylum applications (cid:214)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  and  the  decisions  taken  in  respect  of  them 
are consistent (cid:214)and that the members of one family are not separated.  

(cid:216) new 

(13) 

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

(cid:208) 343/2003/EC (recital 7) 
(cid:214) new 

(14)  Any Member States should be able to derogate from the responsibility criteria, so as to 
make  it  possible  to  bring  family  members  together  where  this  is  necessary  on 
humanitarian grounds (cid:214)in particular for humanitarian and compassionate reasons 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  the  Regulation,  provided  that  the  concerned  Member  State  and 
the applicant agree thereto.  

EN 

16 

   EN 

 
 
 
 
 
(cid:216) new 

(15)  A personal interview should be organised in order to facilitate the determination of the 
Member  State  responsible  for  examining  an  application  for  international  protection 
and,  where  necessary,  to  orally  inform  applicants  about  the  application  of  this 
Regulation.  

(16) 

(17) 

In accordance in particular with Article 47 of the Charter of Fundamental Rights of the 
European  Union,  legal safeguards  and  the  right  to  an  effective  remedy  in  respect  of 
decisions regarding transfers to the Member State responsible should be established to 
guarantee effective protection of the rights of the individuals concerned. 

In accordance with the case-law of the European Court of Human Rights, the effective 
remedy 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 
in order to ensure that international law is respected. 

(18)  Detention  of  asylum  seekers  should  be  applied  in  line  with  the  underlying  principle 
that  a  person  should  not  be  held  in  detention  for  the  sole  reason  that  he  is  seeking 
international protection. In particular, detention of asylum seekers must be applied in 
line  with  Article  31  of  the  Geneva  Convention  and  under  the  clearly  defined 
exceptional  circumstances  and  guarantees  prescribed  in  Directive  […/…/EC]  [laying 
down minimum standards for the reception of asylum seekers]. Moreover, the use of 
detention for the purpose of transfer to the Member State responsible should be limited 
and  subject  to  the  principle  of  proportionality  with  regard  to  the  means  taken  and 
objective pursued. 

(19) 

In accordance with Commission Regulation (EC) No 1560/2003 of 2 September 2003 
laying  down  detailed  rules  for  the  application  of  Council  Regulation  (EC)  No 
343/200327, transfers  to  the  Member  State  responsible  may  be  carried  out  on  a 
voluntary  basis,  by  supervised  departure  or  under  escort.  Member  States  should 
promote voluntary transfers and should ensure that supervised or escorted transfers are 
undertaken  in  a  human  manner,  in  full  respect  for  fundamental  rights  and  human 
dignity.  

(cid:208) 343/2003/EC recital 8  

(20)  The progressive creation of an area without internal frontiers in which free movement 
of  persons  is  guaranteed  in  accordance  with  the  Treaty  establishing  the  European 
Community and the establishment of Community 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.  

27 

OJ L222, 5.9.2003, p.3. 

EN 

17 

   EN 

 
 
                                                 
(cid:216) new 

(21)  The  application  of  this  Regulation  may,  in  certain  circumstances,  create  additional 
burdens on Member States faced with a particularly urgent situation which places an 
exceptionally  heavy  pressure  on  their  reception  capacities,  asylum  system  or 
infrastructure. In such circumstances, it is necessary to lay down an efficient procedure 
to  allow  the  temporary  suspension  of  transfers  towards  the  Member  State  concerned 
and  to  provide  financial  assistance,  in  accordance  with  existing  EU  financial 
instruments.  The  temporary  suspension  of  Dublin  transfers  can  thus  contribute  to 
achieve  a  higher  degree  of  solidarity  towards  those  Member  States  facing  particular 
pressures  on  their  asylum  systems,  due  in  particular  to  their  geographical  or 
demographic situation. 

(22)  This  mechanism  of  suspension  of  transfers  should  be  applied  also  when  the 
Commission  considers  that  the  level  of  protection  for  applicants  for  international 
protection in a given Member State is not in conformity with Community legislation 
on  asylum,  in  particular  in  terms  of  reception  conditions  and  access  to  the  asylum 
procedure,  in  view  of  ensuring  that  all  applicants  for  international  protection  benefit 
from an adequate level of protection in all Member States 

(23)  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  data28  applies  to  the  processing  of  personal  data  by  the 
Member States in application of this Regulation.  

(24)  The exchange of applicant's personal data, including sensitive data concerning health, 
to be transferred before a transfer is carried out 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  provision 
should be made to ensure the protection of data relating to applicants involved in this 
situation, in conformity with Directive 95/46/EC. 

(cid:208) 343/2003/EC recital 9 (adapted) 

(25)  The  application  of  this  Regulation  can  be  facilitated,  and  its  effectiveness  increased, 
by  bilateral  arrangements  between  Member  States  for  improving  communications 
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. 

28 

OJ L 281, 23.11.1995, p. 31. 

EN 

18 

   EN 

 
 
                                                 
(cid:208) 343/2003/EC 
(adapted) 

recital 

10 

(26)  Continuity  between  the  system  for  determining  the  Member  State  responsible 
established  by  the  Dublin  Convention  ⌦ Regulation (EC)  No  343/2003 ⌫  and  the 
system established by this Regulation should be ensured. Similarly, consistency should 
be ensured between this Regulation and Council Regulation (EC) No 2725/2000 of 11 
December 2000[.../…] [concerning the establishment of "Eurodac EURODAC" for the 
comparison  of  fingerprints  for  the  effective  application  of  the  Dublin  Convention 
29⌦ Regulation ⌫]. 

(cid:208) 343/2003/EC 
(adapted) 
(cid:214) new 

recital 

11 

(27)  The operation of the Eurodac EURODAC system, as established by Regulation (EC) 
No  2725/2000  […/…]  ⌦ [concerning  the  establishment  of  "EURODAC"  for  the 
comparison of fingerprints for the effective application of the Dublin Regulation] ⌫ 
and in particular the implementation of Articles 4 6 and 8 10 contained therein should 
facilitate the implementation⌦ application ⌫ of this Regulation. 

(cid:216) new 

(28)  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 visas30, and in particular the implementation of Articles 21 and 22 contained 
therein should facilitate the application of this Regulation. 

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

(cid:208) 343/2003/EC recital 12 

29 
30 

OJ L 316, 15.12.2000, p.1 
OJ L 218, 13.8.2008, p. 60. 

EN 

19 

   EN 

 
 
 
 
                                                 
(30)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission31. 

(cid:208) 343/2003/EC recital 13 

(cid:208) 1103/2008/EC  pt.  3,  first  sub-
paragraph of the Annex (adapted) 
(cid:214) new 

(31)  As  regards  Regulation  (EC)  No  343/2003,  ⌦ In  particular, ⌫  the  Commission 
should be empowered to adopt the conditions and procedures for the implementing of 
the  humanitarian  clause  (cid:214) the  provisions  regarding  unaccompanied  minors  and  the 
reunification of dependent relatives  and to adopt the criteria necessary for carrying 
out  transfers.  Since  those  measures  are  of  general  scope  and  are  designed  to  amend 
non-essential elements of ⌦ this ⌫ Regulation (EC) No 343/2003 by supplementing 
it  with  new  non-essential  elements,  they  must  be  adopted  in  accordance  with  the 
regulatory  procedure  with  scrutiny  provided  for 
in  Article  5a  of  Decision 
1999/468/EC. 

(cid:216) new 

(32)  The measures necessary for the implementation of Regulation (EC) No 343/2003 have 
been  adopted  by  Regulation  (EC)  No  1560/2003.  Certain  provisions  of  Regulation 
(EC) No 1560/2003 should be incorporated into this Regulation, for reasons of clarity 
or because they can serve a general objective. In particular, it is important both for the 
Member  States  and  the  asylum  seekers  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 whole of 
this Regulation.  

(33)  (cid:214) The  effective  monitoring  of   Tthe  application  of  the  ⌦ this ⌫  Regulation 

should ⌦ requires that it ⌫ be evaluated at regular intervals. 

(cid:208) 343/2003/EC 
(adapted) 
(cid:214) new 

recital 

14 

31 

OJ L 184, 17.7.1999, p. 23. 

EN 

20 

   EN 

 
 
 
 
                                                 
(cid:208) 343/2003/EC 
(adapted) 
(cid:214) new 

recital 

15 

(34)  The  ⌦ This ⌫  Regulation  observes⌦ respects ⌫ 

rights 
and⌦ observes the  ⌫  the  principles  which  are  acknowledged  in  particular  in  the 
Charter  of  Fundamental  Rights  of  the  European  Union32.  In  particular,⌦ this 
Regulation ⌫ it seeks to ensure full observance of the right to asylum guaranteed by 
Article 18 (cid:214) and to promote the application of Articles 1, 4, 7, 24 and 47 of the said 
Charter and has to be applied accordingly . 

fundamental 

the 

(cid:208) 343/2003/EC recital 16  
(cid:214) new 

(35)  Since the objective of the proposed measure, namely the establishment of criteria and 
mechanisms  for  determining  the  Member  State  responsible  for  examining  an  asylum 
application (cid:214) for international protection  lodged in one of the Member States by a 
third-country  national  (cid:214) or  a  stateless  person ,  cannot  be  sufficiently  achieved  by 
the Member States and, given the scale and effects, can therefore be better achieved at 
Community  level,  the  Community  may  adopt  measures  in  accordance  with  the 
principle  of subsidiarity  as  set  out  in  Article 5 of the Treaty.  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. 

(cid:208) 343/2003/EC 
(adapted) 

recital 

17 

In  accordance  with  Article  3  of  the  Protocol  on  the  position  of  the  United  Kingdom  and 
Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European 
Community, the United Kingdom and Ireland gave notice, by letters of 30 October 2001, of 
their wish to take part in the adoption and application of this Regulation. 

(cid:208) 343/2003/EC 
(adapted) 

recital 

18 

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to 
the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European  Community, 
Denmark  does  not  take  part  in  the  adoption  of  this  Regulation  and  is  not  bound  by  it  nor 
subject to its application. 

32 

OJ C 364, 18.12.2000, p. 1. 

EN 

21 

   EN 

 
 
 
 
                                                 
The  Dublin  Convention  remains  in  force  and  continues  to  apply  between  Denmark  and  the 
Member  States  that  are  bound  by  this  Regulation  until  such  time  an  agreement  allowing 
Denmark's participation in the Regulation has been concluded. 

(cid:208) 343/2003/EC 
(adapted) 

recital 

19 

HAVE ADOPTED THIS REGULATION: 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

CHAPTER I 

SUBJECT-MATTER AND DEFINITIONS 

Article 1 

⌦ Subject-matter ⌫ 

This  Regulation  lays  down  the  criteria  and  mechanisms  for  determining  the  Member  State 
responsible  for  examining  an  application  for  asylum (cid:214) international  protection   lodged  in 
one of the Member States by a third-country national (cid:214) or a stateless person . 

Article 2 

⌦ Definitions ⌫ 

For the purposes of this Regulation: 

(a) 

"third-country national" means anyone ⌦ any person ⌫ who is not a citizen 
of the Union within the meaning of Article 17(1) of the Treaty establishing the 
European  Community  (cid:214) and  who  is  not  a  person  enjoying  the  Community 
right  of  free  movement,  as  defined  in  Article  2(5)  of  Regulation  (EC)  No 
562/2006 of the European Parliament and of the Council33 ; 

(b) 

"Geneva  Convention"  means  the  Convention  of  28  July  1951  relating  to  the 
status of refugees, as amended by the New York Protocol of 31 January 1967; 

(c) "application for asylum" means the application made by a third-country national 
which  can  be  understood  as  a  request  for  international  protection  from  a 

33 

OJ L 105, 13.4.2006, p.1. 

EN 

22 

   EN 

 
 
                                                 
Member State, under the Geneva Convention. Any application for international 
protection is presumed to be an application for asylum, unless a third-country 
national  explicitly  requests  another  kind  of  protection  that  can  be  applied  for 
separately; 

(b) 

"application for international protection" means an application for international 
protection as defined in Article 2(g) of Directive 2004/83/EC; 

(cid:216) new 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

(c)(d) "applicant" or "asylum seeker" means a third country national (cid:214) or a stateless 
person   who  has  made  an  application  for  asylum  (cid:214) international 
protection  in respect of which a final decision has not yet been taken; 

(d)(e) "examination  of  an  asylum  application  (cid:214) for  international  protection " 
means any examination of, or decision or ruling concerning, an application for 
asylum  (cid:214) international  protection   by 
in 
accordance with national law (cid:214) Council Directive 2005/85/EC34,  except for 
procedures  for  determining  the  Member  State  responsible  in  accordance  with 
this Regulation (cid:214) , and Directive 2004/83/EC ; 

the  competent  authorities 

(e)(f) "withdrawal  of 

the⌦ an ⌫  asylum  application  (cid:214) for 

international 
protection  " means the actions by which the applicant for asylum terminates 
the  procedures  initiated  by  the  submission  of  his/her  application  for  asylum 
(cid:214) international  protection   , in  accordance  with  national  law  (cid:214) Directive 
2005/85/EC,  either explicitly or tacitly;  

(f)(g) "refugee  (cid:214) person  granted  international  protection   "  means  any  ⌦ a ⌫ 
third-country  national  (cid:214) or  a  stateless  person recognised  as  in  need  of 
international  protection 
in  Article  2(a)  of  Directive 
2004/83/EC  qualifying for the status defined by the Geneva Convention and 
authorised to reside as such on the territory of a Member State; 

as  defined 

(g) 

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

(cid:216) new 

34 

OJ L 326, 13.12.2005, p.13. 

EN 

23 

   EN 

 
 
 
                                                 
(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

(h) "unaccompanied minor" means unmarried persons below the age of eighteen (cid:214) a 
minor  who   arrive  ⌦ arrives ⌫  in  the  territory  of  the  Member  States 
unaccompanied by an adult responsible for them whether by law or by custom, 
and for as long as they are not effectively taken into the care of such a person; 
it  includes  minors  who  are  left  unaccompanied  after  they  have  entered  the 
territory of the Member States;  

(i) "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 in the 
territory of the Member States: 

(i) 

(ii) 

the  spouse  of  the  asylum  seeker  or  his  or  her  unmarried  partner  in  a 
stable relationship, where the legislation or practice of the Member State 
concerned  treats  unmarried  couples  in  a  way  comparable  to  married 
couples under its law relating to aliens; 

the minor children of couples referred to in point (i) or of the applicant, 
on  condition  that  they  are  unmarried  and  dependent  and  regardless  of 
whether they were born in or out of wedlock or adopted as defined under 
the national law; 

(cid:216) new 

(iii)  the  married  minor  children  of  couples  referred  to  in  point  (i)  or  of  the 
applicant, regardless of whether they were born in or out of wedlock or 
adopted  as  defined  under  the  national  law,  where  it  is  in  their  best 
interests to reside with the applicant;  

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

(iv)(iii) the father, mother or guardian when ⌦ of ⌫ the applicant or refugee 
⌦ when  the  latter ⌫  is  a  minor  and  unmarried,  (cid:214) or  when  he  is  a 
minor and married but it is in his/her best interests to reside with his/her 
father, mother or guardian ; 

(cid:216) new 

(v) the minor unmarried siblings of the applicant, when the latter is a minor and 
unmarried,  or  when  the  applicant  or  his/her  siblings  are  minors  and 
married  but  it  is  in  the  best  interests  of  one  or  more  of  them  that  they 
reside together; 

EN 

24 

   EN 

 
 
 
 
(cid:208) 343/2003/EC  
(cid:214) new 

(j)  "residence  document"  means  any  authorisation  issued  by  the  authorities  of  a 
Member State authorising a third-country national (cid:214) or a stateless person  to 
stay in its territory, including the documents substantiating the authorisation to 
remain  in  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 responsible Member State as established in 
this  Regulation  or  during  examination  of  an  application  for  asylum 
(cid:214) international protection  or an application for a residence permit; 

(k) "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: 

(i)  "long-stay  visa"  means  the  authorisation  or  decision  of  a  Member  State 
required for entry for an intended stay in that Member State of more than 
three months; 

(ii)  "short-stay  visa"  means  the  authorisation  or  decision  of  a  Member  State 
required for entry for an intended stay in that State or in several Member 
States for a period whose total duration does not exceed three months; 

(iii)  "transit  visa"  means  the  authorisation  or  decision  of  a  Member  State  for 
entry  for  transit  through  the  territory  of  that  Member  State  or  several 
Member States, except for transit at an airport; 

(iv) "airport transit visa" means the authorisation or decision allowing a third-
country national specifically subject  to this requirement to pass through 
the  transit  zone  of  an  airport,  without  gaining  access  to  the  national 
territory of the Member State concerned, during a stopover or a transfer 
between two sections of an international flight; 

(cid:216) new 

(l) 

"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 decision may abscond. 

EN 

25 

   EN 

 
 
(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

CHAPTER II 

GENERAL PRINCIPLES ⌦ AND SAFEGUARDS⌫  

Article 3 

⌦Access to the procedure for examining an application for international protection⌫ 

1. 

2. 

3. 

the⌦ any ⌫  application  (cid:214) for 

Member  States  shall  examine 
international 
protection   of  any  ⌦ by  a ⌫  third-country  national  (cid:214) or  a  stateless  person  
who applies⌦ on the territory of any one of them, including ⌫ at the border or in 
(cid:214) the transit zones  their territory to any one of them for asylum. The application 
shall  be  examined  by  a  single  Member  State,  which  shall  be  the  one  which  the 
criteria set out in Chapter III ⌦ of this Regulation ⌫ indicate is responsible.  

(cid:208) 343/2003/EC Article 13 
(cid:214) new 

responsible 

Where  no  Member  State 
for 
(cid:214) international  protection   asylum  can  be  designated  on  the  basis  of  the  criteria 
listed  in  this  Regulation,  the  first  Member  State  with  which  the  application  for 
asylum (cid:214) international protection  was lodged shall be responsible for examining 
it. 

the  application 

for  examining 

(cid:208) 343/2003/EC 
(cid:214) new 

Any  Member  State  shall  retain  the  right,  pursuant  to  its  national  laws,  to  send  an 
asylum seeker to a (cid:214) safe  third country, in compliance with the provisions of the 
Geneva  Convention  (cid:214) subject  to  the  rules  and  safeguards  laid  down  in  Directive 
2005/85/EC . 

(cid:208) 343/2003/EC  Article 
(adapted) 
(cid:214) new 

3(4) 

EN 

Article 4 

26 

   EN 

 
 
 
 
⌦ Right to information⌫ 

41. 

(cid:214) As  soon  as  an  application  for  international  protection is  lodged,  the  competent 
authorities of Member States shall inform  Tthe asylum seeker shall be informed in 
writing  in  a  language  that  he  or  she  may  reasonably  be  expected  to  understand 
regarding⌦ of ⌫ the application of this Regulation, its time limits and its effects. 
(cid:214) , and in particular of: 

(cid:216) new 

(a) 

the  objectives  of  this  Regulation  and  the  consequences  of  making  another 
application in a different Member State; 

(b) 

the criteria for allocating responsibility and their hierarchy; 

(c) 

the general procedure and time-limits to be followed by the Member States; 

(d) 

the possible outcomes of the procedure and their consequences; 

(e) 

the possibility to challenge a transfer decision; 

(f) 

(g) 

the  fact  that  the  competent  authorities  can  exchange  data  on  him/her  for  the 
sole purpose of implementing the obligations arising under this Regulation; 

the existence of the right of access to data relating to him/her, and the right to 
request that inaccurate data relating to him/her be corrected or that unlawfully 
processed  data  relating  to  him/her  be  deleted,  including  the  right  to  receive 
information  on  the  procedures  for  exercising  those  rights  and  the  contact 
details  of  the  National  Data  Protection  Authorities  which  shall  hear  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 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, at the interview organised pursuant to Article 5.  

Member  States  shall  provide  the  information  in  a  manner  appropriate  to  the  age  of 
the applicant.  

3. 

A common leaflet containing at least the information referred to in paragraph 1 shall 
be drawn up in accordance with the procedure referred to in Article 40(2).  

EN 

27 

   EN 

 
 
Article 5  

Personal interview 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

The  Member  State  carrying  out  the  process  of  determining  the  Member  State 
responsible under this Regulation, shall give applicants the opportunity of a personal 
interview with a qualified person under national law to conduct such an interview.  

The  personal  interview  shall  be  for  the  purpose  of  facilitating  the  process  of 
determining the Member State responsible, in particular for allowing the applicant to 
submit relevant information necessary for the correct identification of the responsible 
Member  State,  and  for  the  purpose  of  informing  the  applicant  orally  about  the 
application of this Regulation.  

The personal interview shall take place in a timely manner following the lodging of 
an  application  for  international  protection  and,  in  any  event,  before  any  decision  is 
taken  to  transfer  the  applicant  to  the  responsible  Member  State  pursuant  to  Article 
25(1).  

The personal interview shall take place in a language that the applicant is reasonably 
supposed to understand and in which he is able to communicate. Where  necessary, 
Member  States  shall  select  an  interpreter  who  is  able  to  ensure  appropriate 
communication  between  the  applicant  and  the  person  who  conducts  the  personal 
interview.  

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

The  Member  State  conducting  the  personal  interview  shall  make  a  short  written 
report containing the main information supplied by the applicant at the interview and 
shall  make  a  copy  of  that  report  available  to  the  applicant.  The  report  shall  be 
attached to any transfer decision pursuant to Article 25(1). 

Article 6 

Guarantees for minors 

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

Member  States  shall  ensure  that  a  representative  represents  and/or  assists  the 
unaccompanied minor with respect to all procedures provided for in this Regulation. 
This  representative  may  also  be  the  representative  referred  to  in  Article  23  of 
Directive […/…/EC]  [laying  down minimum standards for  the reception  of  asylum 
seekers]. 

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; 

EN 

28 

   EN 

(b) 

(c) 

the  minor’s  well-being  and  social  development,  taking  into  particular 
consideration the minor’s ethnic, religious, cultural and linguistic background; 

safety  and  security  considerations,  in  particular  where  there  is  a  risk  of  the 
child being a victim of trafficking; 

(d) 

the views of the minor, in accordance with his/her age and maturity. 

4. 

5. 

Member States shall establish procedures in national legislation for tracing the family 
members or other relatives present in the Member States of unaccompanied minors. 
They shall start to trace the members of the unaccompanied minor's family or other 
relatives  as  soon  as  possible,  after  the  lodging  of  the  application  for  international 
protection whilst protecting his/her best interests. 

The  competent  authorities  referred  to  in  Article  33  who  deal  with  requests 
concerning unaccompanied minors shall receive appropriate training concerning the 
specific needs of minors. 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

CHAPTER III 

HIERARCHY OF CRITERIA 

⌦ CRITERIA FOR DETERMINING THE MEMBER STATE RESPONSIBLE⌫ 

Article 5 7  

⌦ Hierarchy of criteria⌫ 

1. 

2. 

3. 

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

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 
asylum seeker first lodged his/her application (cid:214) for international protection  with a 
Member State. 

(cid:216) new 

By way of derogation from paragraph 2, in order to ensure respect for the principle 
of family unity and of the bests interests of the child, the Member State responsible 
in accordance with the criteria laid down in Articles 8 to 12 shall be determined on 
the  basis  of  the  situation  obtaining  when  the  asylum  seeker  lodged  his/her  most 

EN 

29 

   EN 

 
 
recent  application  for  international  protection.  This  paragraph  shall  apply  on 
condition  that  the  previous  applications  of  the  asylum  seeker  have  not  yet  been 
subject of a first decision regarding the substance.  

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

Article 6 8 

⌦ Unaccompanied minors⌫ 

1. 

Where  the  applicant  for  asylum  is  an  unaccompanied  minor,  the  Member  State 
responsible  for  examining  the  application  (cid:214) for  international  protection   shall  be 
that where a member of his or her family is legally present, provided that this is in 
the best interests of the minor. 

(cid:208) 343/2003/EC  Article 
(adapted) 
(cid:214) new 

15(3) 

23. 

If ⌦ Where ⌫ (cid:214) the applicant  asylum-seeker is an unaccompanied minor who 
has a relative or relatives (cid:214)legally present in another Member State who can take 
care of him or her, ⌦ that ⌫ Member States shall if possible unite the minor with 
his  or  her  relative  or  relatives,  (cid:214) be  responsible  for  examining  the  application, 
provided that  unless this is not in the best interests of the minor.  

3. 

4. 

Where members of the applicant's family or his/her other relatives are legally present 
in  more  than  one  Member  State,  the  Member  State  responsible  for  examining  the 
application shall be decided on the basis of what is in the best interests of the minor. 

(cid:216) new 

(cid:208) 343/2003/EC 
(cid:214) new 

In  the  absence  of  a  family  member  (cid:214) or  of  another  relative   ,  the  Member  State 
responsible for examining the application shall be that where the minor has lodged 
his  or  her  (cid:214) most  recent   application  for  asylum (cid:214) international  protection, 
provided that this is in the best interests of the minor.  

EN 

30 

   EN 

 
 
 
 
(cid:208) 1103/2008/EC,  pt.  3(1)  of  the 
Annex 
(cid:214) new 

5. 

The  conditions  and  procedures  for  implementing  this  Article  paragraphs  2  (cid:214) and 
3   including,  where  appropriate,  conciliation  mechanisms  for  settling  differences 
between Member States concerning the need to unite the persons in question, or the 
place  where  this  should  be  done,  shall  be  adopted  by  the  Commission.  Those 
measures,  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 27(3) 40(3). 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

Article 79 

⌦ Family members who are persons granted international protection⌫ 

Where the asylum seeker 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 
refugee  (cid:214) person  granted  international  protection   in  a  Member  State,  that 
Member  State  shall  be  responsible  for  examining  the  application  for  asylum 
(cid:214) international  protection, provided  that  the  persons  concerned  so  ⌦ expressed 
their ⌫ desire ⌦ in writing ⌫.  

Article 810 

⌦ Family members who are applicants for international protection⌫ 

If  the  asylum  seeker  has  a  family  member  in  a  Member  State  whose  application 
(cid:214) 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  asylum  (cid:214) international  protection , 
their ⌫ desire  ⌦ in 
provided 
writing ⌫ . 

the  persons  concerned  so ⌦ expressed 

that 

Article 1511 

⌦ Dependent relatives⌫ 

21.  ⌦ Where ⌫  In  cases  in  which  the  person  concerned  ⌦ asylum  seeker ⌫is 
dependent on the assistance of the other ⌦ a relative ⌫present in another Member 
State on account of pregnancy or a new-born child, serious illness, severe handicap 

EN 

31 

   EN 

 
 
or  old  age,  ⌦ or  where  a  relative ⌫  present  in  another  Member  State  ⌦ is 
dependent  on  the  assistance  of  the  asylum  seeker ⌫  (cid:214) for  the  same  reasons, 
the Member  State  responsible  for  examining  the  application shall  be  the  one 
considered  the  most  appropriate  for  keeping  them  together  or  reunifying  them, 
Member States shall normally keep or bring together the asylum seeker with another 
relative present in the territory of one of the Member States, provided that family ties 
existed  in  the  country  of  origin  (cid:214) and  that  the  persons  concerned  expressed  their 
desire  in  writing.  In  determining  the  most  appropriate  Member  State,  the  best 
interests of the persons concerned shall be taken into account, such as the ability of 
the dependent person to travel .  

(cid:208) 1560/2003 
(adapted) 

Article 

11(1) 

Article 15(2) of Regulation (EC) No 343/2003 shall apply whether the asylum seeker 
is  dependent  on  the  assistance  of  a  relative  present  in  another  Member  State  or  a 
relative present in another Member State is dependent on the assistance of the asylum 
seeker. 

(cid:208) 1103/2008/EC,  pt.  3(1)  of  the 
Annex 

2.5 

The conditions and procedures for implementing this Article paragraph 1 including, 
where appropriate, conciliation mechanisms for settling differences between Member 
States concerning the need to unite the persons in question, or the place where this 
should  be done, shall  be adopted by  the  Commission. Those measures, designed to 
amend  non-essential  elements  of  this  Regulation  by  supplementing  it,  shall  be 
adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 27(3) 40(3). 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

Article 14 12 

⌦ Family procedure⌫ 

Where several members of a family submit applications for asylum (cid:214) 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 them being separated, the Member State responsible shall be determined on 
the basis of the following provisions: 

EN 

32 

   EN 

 
 
 
(a)  responsibility  for  examining  the  applications  for  asylum  (cid:214) international 
protection  of all the members of the family shall lie with the Member State 
which  the  criteria  indicate  is  responsible  for  taking  charge  of  the  largest 
number of family members; 

(b)  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 913 

⌦ Issuance of residence documents or visas ⌫ 

Where the asylum seeker is in possession of a valid residence document, the Member 
State which issued the document shall be responsible for examining the application 
for asylum (cid:214) international protection . 

Where  the  asylum  seeker  is  in  possession  of  a  valid  visa,  the  Member  State  which 
issued  the  visa  shall  be  responsible  for  examining  the  application  for  asylum 
(cid:214) international protection  , unless the visa was issued when acting for or on the 
written  authorisation  of  another  Member  State.  In  such  a  case,  the  latter  Member 
State  shall  be  responsible  for  examining  the  application  for  (cid:214) international 
protection   asylum.  Where  a  Member  State  first  consults  the  central  authority  of 
another  Member  State,  in  particular  for  security  reasons,  the  latter's  reply  to  the 
consultation  shall  not  constitute  written  authorisation  within  the  meaning  of  this 
provision. 

Where the asylum-seeker is in possession of more than one valid residence document 
or  visa  issued  by  different  Member  States,  the  responsibility  for  examining  the 
application  for  (cid:214) international  protection   asylum  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. 

Where the asylum seeker 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/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. 

1. 

2. 

3. 

4. 

EN 

33 

   EN 

5. 

1. 

2. 

Where the asylum seeker 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/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 (cid:214) for international protection  is 
lodged shall be responsible. 

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 1014 

⌦ Entry and/or stay⌫ 

Where it is established, on the basis of proof or circumstantial evidence as described 
in  the  two  lists  mentioned  in  Article  2218(3),  including  the  data  referred  to  in 
Chapter  III  of  Regulation  ⌦ [concerning  the  establishment  of  "Eurodac"  for  the 
comparison of fingerprints for the effective application of the Dublin Regulation ]⌫ 
(EC) No […/…] 2725/2000, that an asylum seeker 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 
asylum (cid:214) international protection  . This responsibility shall cease 12 months after 
the date on which the irregular border crossing took place. 

When  a  Member  State  cannot  or  can  no  longer  be  held  responsible  in  accordance 
with paragraph 1, and where it is established, on the basis of proof or circumstantial 
evidence as described in the two lists mentioned in Article 2218(3), that the asylum 
seeker  -  who  has  entered  the  territories  of  the  Member  States  irregularly  or  whose 
circumstances of entry cannot be established - at the time of lodging the application 
has  been  previously  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  asylum 
(cid:214) 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 this has been most recently the case shall be 
responsible for examining the application (cid:214) for international protection  . 

Article 1115 

⌦ Visa waived entry⌫ 

1. 

If  a  third-country  national  (cid:214) 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 

EN 

34 

   EN 

State  shall  be  responsible  for  examining  his  or  her  application  for  asylum 
(cid:214) international protection . 

2. 

The principle set out in paragraph 1 does not apply, if the third-country national (cid:214) or 
the  stateless  person   lodges  his  or  her  application  for  asylum  (cid:214) 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 this case, the latter Member State 
shall  be  responsible  for  examining  the  application  for  asylum  (cid:214) international 
protection . 

Article 1216 

⌦ Application in an international transit area of an airport⌫ 

Where  the  application  for  (cid:214) international  protection   asylum  is  made  in  an 
international transit area of an airport of a Member State by a third-country national 
(cid:214) or a stateless person  , that Member State shall be responsible for examining the 
application. 

CHAPTER IV 

HUMANITARIAN CLAUSE 

⌦ DISCRETIONARY CLAUSES⌫ 

Article 1517 

⌦ Discretionary clauses⌫ 

(cid:208) 343/2003/EC  Article 
(adapted) 
(cid:214) new 

3(2) 

1. 

2.By way of derogation from Article 3, paragraph (1), each Member State may (cid:214) in 
particular for humanitarian and compassionate reasons,  ⌦ decide to ⌫ examine 
an  application  for  asylum  (cid:214) international  protection   lodged  with  it  by  a  third-
country  national  (cid:214) or  a  stateless  person   ,  even  if  such  examination  is  not  its 
responsibility  under  the  criteria  laid  down  in  this  Regulation,  (cid:214) provided  that  the 
applicant agrees thereto. 

In  such  an  event,  that  Member  State  shall  become  the  Member  State  responsible 
within  the  meaning  of  this  Regulation  and  shall  assume  the  obligations  associated 
with  that  responsibility.  Where  appropriate  ⌦ applicable ⌫,  it  shall  inform  the 
Member State previously responsible, the Member State conducting a procedure for 

EN 

35 

   EN 

 
determining  the  Member  State  responsible  or  the  Member  State  which  has  been 
requested  to  take  charge  of  or  take  back  the  applicant  (cid:214) by  using  the  'DubliNet' 
electronic  communication  network  set  up  under  Article  18  of  Regulation  (EC)  No 
1560/2003 . 

The Member State becoming responsible in accordance with this paragraph shall also 
forthwith  indicate  in  EURODAC  that  it  assumed  responsibility  pursuant  to  Article 
17(6) of Regulation (EC) No [.../...] [concerning the establishment of "EURODAC" 
for  the  comparison  of  fingerprints  for  the  effective  application  of  the  Dublin 
Regulation]. 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

2. 

1 Any Member State, even where it is not responsible under the criteria set out in this 
Regulation,  ⌦ 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,  (cid:214)at  any  time,  request 
another  Member  State  to  take  charge  of  an  applicant  in  order  to   bring  together 
family members, as well as other dependent relatives, on humanitarian grounds based 
in  particular  on  family  or  cultural  considerations, (cid:214) even where this latter Member 
State  is  not  responsible  under  the  criteria  laid  down  in  Articles  8  to  12  of  this 
Regulation   .  In  this  case  that  Member  State  shall,  at  the  request  of  another 
Member  State,  examine  the  application  for  asylum  of  the  person  concerned.  The 
persons concerned must ⌦ 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.  

(cid:208) 1560/2003 Article 13(2) 

(adapted)  Article 

(cid:208) 1560/2003 
13(3) 
(cid:214) new 

⌦ The  requested  Member  State  shall  carry  out ⌫  the  necessary  any  necessary 
checks to establish, where applicable, humanitarian reasons, particularly of a family 
or cultural nature, the level of dependency of the person concerned or the ability or 
commitment  of  the  other  person  concerned  to  provide  the  assistance  desired.  (cid:214) to 
substantiate the humanitarian reasons cited, and shall give a decision on the request 
within  two  months  of  the  date  on  which  the  request  was  received.  A  decision 
refusing the request shall state the reasons on which it is based   

EN 

36 

   EN 

 
 
 
(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

4.  Where  the  ⌦ requested ⌫  Member  State  thus  approached  accedes  to 
⌦ accepts ⌫  the  request,  responsibility  for  examining  the  application  shall  be 
transferred to it. 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

CHAPTER V  

TAKING CHARGE AND TAKING BACK 

⌦ OBLIGATIONS OF THE MEMBER STATE RESPONSIBLE⌫ 

Article 1618 

⌦ Obligations of the Member State responsible ⌫ 

1. 

The  Member  State  responsible  for  examining  an  application  for  asylum 
(cid:214) international protection  under this Regulation shall be obliged to: 

(a) take charge, under the conditions laid down in Articles 2117 to 19, 22 and 28, of 

an asylum seeker who has lodged an application in a different Member State; 

(b)(c)  take  back,  under  the  conditions  laid  down  in  Articles  23,  24  and  28  20 ,  an 
applicant  whose  application  is  under  examination  and  who  (cid:214) made  an 
application  in  another  Member  State or  who  is  in  the  territory  of  another 
Member State without permission (cid:214) a residence document ; 

(c)(d)  take  back,  under  the  conditions  laid  down  in  Articles  23,  24  and  28  20,  an 
applicant who has withdrawn the application under examination and made an 
application in another Member State; 

(d)(e) take back, under the conditions laid down in Articles 23, 24 and 28 20, a third-
country  national  (cid:214) or  a  stateless  person   whose  application  it  has  been 
rejected and who (cid:214) made an application in another Member State or who is 
in  the  territory  of  another  Member  State  without  permission (cid:214) a  residence 
document  .  

⌦ 2.  The  Member  State  responsible  shall⌫  (cid:214)in  all  circumstances referred  to  in 
paragraph 1 (a) to (d) examine or  (b) complete the examination of the application 
for asylum; (cid:214) international protection made by the applicant, within the meaning of 
Article 2(d). When the Member State responsible had discontinued the examination 

EN 

37 

   EN 

 
 
1. 

2. 

3. 

of  an  application  following  its  withdrawal  by  the  applicant,  it  shall  revoke  that 
decision  and  complete  the  examination  of  the  application,  within  the  meaning  of 
Article 2(d). 

Article19 

⌦ Cessation of responsibilities ⌫ 

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

3.The  obligations  specified  in  Article18  paragraph  (1),  shall  cease  where  (cid:214) the 
Member  State  responsible  for  examining  the  application  can  establish,  when 
requested to take charge or take back an applicant or another person as referred to in 
Article  18(1)(d),  that  the  third-country  national ⌦ person concerned ⌫  has  left 
the territory of the Member States for at least three months, unless the third-country 
national⌦ person  concerned ⌫is  in  possession  of  a  valid  residence  document 
issued by the Member State responsible.  

An application lodged after such an absence shall be regarded as a new application 
giving  rise  to  a  new  procedure  for  the  determination  of  the  Member  State 
responsible.  

(cid:216) new 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

4.The  obligations  specified  in  Article  18  paragraph  (1)(c)(d)  and  (d)(e),  shall 
likewise  cease  once ⌦ where ⌫  the  Member  State  responsible  for  examining  the 
application  (cid:214)can  establish,  when  requested  to  take  back  an  applicant  or  another 
person  as  referred  to  in  Article  18(1)(d),  that   has  adopted  and  actually 
implemented, following the withdrawal or rejection of the application, the provisions 
that are necessary before the third-country national can go to his country of origin or 
to another country to which he may lawfully travel (cid:214) the person concerned has left 
the territory of the  Member States in compliance  with  a return decision or removal 
order it issued following the withdrawal or rejection of the application . 

An  application  lodged  after  an  effective  removal  shall  be  regarded  as  a  new 
application giving rise to a new procedure for the determination of the Member State 
responsible.  

(cid:216) new 

EN 

38 

   EN 

 
 
 
(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

CHAPTER VI 

⌦ PROCEDURES FOR TAKING CHARGE AND TAKING BACK⌫ 

⌦ SECTION I: Start of the procedure⌫ 

Article 420 

⌦ Start of the procedure ⌫ 

1. 

2. 

3. 

4. 

The process of determining the Member State responsible under this Regulation shall 
start as soon as an application for asylum (cid:214) international protection  is first lodged 
with a Member State. 

An  application  for  asylum  (cid:214) international  protection   shall  be  deemed  to  have 
been lodged once a form submitted by the applicant for asylum 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. 

For  the  purposes  of  this  Regulation,  the situation  of  a  minor  who  is  accompanying 
the asylum seeker and meets the definition of a family member set out in Article 2, 
point  (i)  shall  be  indissociable  from  that  of  his  parent  or  guardian  and  shall  be  a 
matter  for  the  Member  State  responsible  for  examining  the  application  for 
asylum (cid:214) international protection  of that parent or guardian, even if the minor is 
not individually an asylum seeker (cid:214) , provided that this is in his/her best interests  
. The same treatment shall be applied to children born after the asylum seeker arrives 
in the territory of the Member States, without the need to initiate a new procedure for 
taking charge of them. 

Where  an  application  for  asylum  (cid:214) international  protection   is  lodged  with  the 
competent  authorities  of  a  Member  State  by  an  applicant  who  is  in  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  asylum  (cid:214) international  protection  
was lodged. 

The applicant shall be informed in writing of this transfer and of the date on which it 
took place. 

EN 

39 

   EN 

 
5. 

An  asylum  seeker  who  is  present  in  another  Member  State  and  there  lodges  an 
application  for  asylum  (cid:214) international  protection   after  withdrawing  his 
⌦ 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 2023, 24 and 28 , by the Member State with which 
that  application  for  asylum  (cid:214) international  protection   was ⌦ firstly ⌫  lodged, 
with a view to completing the process of determining the Member State responsible 
for examining the application for asylum (cid:214) international protection . 

This  obligation  shall  cease,  (cid:214) where  the  Member  State  requested  to  complete  the 
process  of  determining  the  responsible  Member  State  can  establish  that   if  the 
asylum  seeker  has  in  the  meantime  left  the  territories  of  the  Member  States  for  a 
period  of  at  least  three  months  or  has  obtained  a  residence  document  from 
⌦ another ⌫ a Member State. 

An application lodged after such an absence shall be regarded as a new application 
giving  rise  to  a  new  procedure  for  the  determination  of  the  responsible  Member 
State.  

(cid:216) new 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

⌦ Section II: Procedures for take charge requests⌫ 

Article 1721 

⌦ Submitting a take charge request ⌫ 

1. 

2. 

Where  a  Member  State  with  which  an  application  for  asylum  (cid:214) 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 case within three 
months  of  the  date  on  which  the  application  was  lodged  within  the  meaning  of 
Article 420(2), call upon ⌦ request ⌫ the other Member State to take charge of the 
applicant. 

Where  the  request  to  take  charge  of  an  applicant  is  not  made  within  the  period  of 
three months, responsibility for examining the application for asylum (cid:214) international 
protection  shall lie with the Member State in which the application was lodged. 

The  requesting  Member  State  may  ask  for  an  urgent  reply  in  cases  where  the 
application for asylum (cid:214) 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 and/or where the asylum seeker is held in detention. 

EN 

40 

   EN 

 
 
3. 

1. 

2. 

3. 

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

In  both  cases,  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 1822(3) and/or relevant elements from 
the asylum seeker'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 rules on the preparation of and the procedures for transmitting requests shall be 
adopted in accordance with the procedure referred to in Article 40(2) 27(2). 

Article 1822 

⌦ Replying to a take charge request⌫ 

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 the date 
on which the request was received. 

In  the  procedure  for  determining  the  Member  State  responsible  for  examining  the 
application  for  asylum  (cid:214) international  protection   established  in  this  Regulation, 
elements of proof and circumstantial evidence shall be used. 

In accordance with the procedure referred to in Article 27(2) 40(2) two lists shall be 
established  and  periodically  reviewed,  indicating  the  elements  of  proof  and 
circumstantial evidence in accordance with the following criteria: 

(a) Proof: 

(i) This refers to formal proof which determines responsibility pursuant to this 

Regulation, as long as it is not refuted by proof to the contrary. 

(ii) The Member States shall provide the Committee provided for in Article 27 
40  with  models  of  the  different  types  of  administrative  documents,  in 
accordance with the typology established in the list of formal proofs. 

(b) Circumstantial evidence: 

(i)  This  refers  to  indicative  elements  which  while  being  refutable  may  be 
sufficient,  in  certain  cases,  according  to  the  evidentiary  value  attributed 
to them. 

(ii) Their evidentiary value, in relation to the responsibility for examining the 
application for asylum (cid:214) 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. 

EN 

41 

   EN 

5. 

6. 

7. 

1. 

2. 

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. 

Where  the  requesting  Member  State  has  pleaded  urgency,  in  accordance  with  the 
provisions  of  Article  17(2)  21(2),  the  requested  Member  State  shall  make  every 
effort  to  conform  to  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 the reply after the time 
limit  requested,  but  in  any  case  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. 

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  provisions 
⌦ obligation to provide ⌫ for proper arrangements for arrival. 

⌦ Section III. Procedures for take back requests⌫ 

Article 20 23 

⌦ Submitting a take back request⌫ 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

An  asylum  seeker  shall  be  taken  back  (cid:214) Where  a  Member  State  with  which  a 
subsequent  application  for  international  protection  has  been  lodged  or  on  whose 
territory  an  applicant  or  another  person  as  referred  to  in  Article  18(1)(d)  is  staying 
without a residence document, considers that another Member State is responsible  
in  accordance  with  Article  420(5)  and  Article  1618(1)  (c)(b),  (d)(c)  and  (e)(d),  as 
follows: (cid:214) it may request that other Member State to take back that person.  

(cid:216) new 

In  case  of  a  subsequent  application  for  international  protection,  the  request  to  take 
back  the  person  concerned  shall  be  made  as  quickly  as  possible  and  in  any  case 
within  two  months  of  receiving  the  EURODAC  hit,  pursuant  to  Article  6(5)  of 
Regulation  (EC)  No  [.../...]  [concerning  the  establishment  of  "EURODAC"  for  the 
comparison of fingerprints for the effective application of the Dublin Regulation].  

If  the  request  to  take  back  the  applicant  who  lodged  a  subsequent  application  for 
international  protection  is  based  on  evidence  other  than  data  obtained  from  the 
EURODAC  system,  it  shall  be  sent  to  the  requested  Member  State  within  three 

EN 

42 

   EN 

 
 
3 

4. 

5 

months of the date on which the application for international protection was lodged 
within the meaning of Article 20(2). 

Where there is no subsequent application for international protection, and in case the 
requesting  Member  State  decides  to  search  the  EURODAC  system  in  accordance 
with  Article  13  of  Regulation  (EC)  No  [.../...]  [concerning  the  establishment  of 
"EURODAC" for the comparison of fingerprints for the effective application of the 
Dublin Regulation], the request to take back the person concerned shall be made as 
quickly as possible and in any case within two months of receiving the EURODAC 
hit, pursuant to Article 13(4) of that Regulation. 

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

Where  the  request  to  take  back  of  an  applicant  or  another  person  as  referred  to  in 
Article  18(1)(d)  is  not  made  within  the  periods  laid  down  in  paragraphs  2  and  3, 
responsibility for examining the application for international protection shall lie with 
the  Member  State  in  which  the  application  was  subsequently  lodged  or  on  whose 
territory the person is staying without a residence document. 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

(a) Tthe request for the applicant ⌦ or for another  person  as  referred to in Article 
18(1)(d) ⌫ to be taken back (cid:214) shall be made using a standard form and including 
proof  or  circumstantial  evidence  and/or  relevant  elements  from  the  person's 
statements,   must  contain  information  enabling  the⌦ authorities  of  the ⌫ 
requested Member State to check that ⌦ whether ⌫ it is responsible. 

3. 
The rules of proof and evidence and their interpretation, and on the preparation 
of and the procedures for transmitting requests, shall be adopted in accordance with 
the procedure referred to in Article 27(2)40(2). 

Article 24 

⌦ Replying to a take back request⌫ 

(b)1. 

t The ⌦ requested ⌫Member State called upon to take back the applicant shall be 
obliged to make the necessary checks and ⌦ shall give a decision on ⌫reply to the 
request  ⌦ to  take  back  the  person  concerned ⌫  addressed  to  it  as  quickly  as 
possible and under no circumstances exceeding a period of⌦ in any event no later 
than ⌫one month from the referral ⌦ date on which the request was received ⌫ . 
When the request is based on data obtained from the Eurodac system, this time limit 
is reduced to two weeks;. 

EN 

43 

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(c)2.  where the requested Member State does not communicate its decision ⌦ Failure to 
act ⌫within  the  one  month  period  or  the  two  weeks  period  mentioned  in 
subparagraph  (b) (1),⌦ shall  be  tantamount  to  accepting  the  request ⌫  ,(cid:214)and 
entail the obligation  it shall be considered to have agreed to take back the asylum 
seeker⌦ person  concerned ⌫  (cid:214) ,  including  the  obligation  to  provide  for  proper 
arrangements for arrival . 

(d) a Member State which agrees to take back an asylum seeker shall be obliged to 
readmit  that  person  to  its  territory.  The  transfer  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 that charge be taken by another Member State or 
of the decision on an appeal or review where there is a suspensive effect; 

(e)  the  requesting  Member  State  shall  notify  the  asylum  seeker  of  the  decision 
concerning his being taken back by the Member State responsible. The decision shall 
set out the grounds on which it is based. It shall contain details of the time limit on 
carrying out the transfer and shall, if necessary, contain information on the place and 
date  at  which  the  applicant  should  appear,  if  he  is  travelling  to  the  Member  State 
responsible by his own means. This decision may be subject to an appeal or a review. 
Appeal  or  review  concerning  this  decision  shall  not  suspend  the  implementation  of 
the transfer except when the courts or competent bodies so decide in a case-by-case 
basis if the national legislation allows for this. 

If  necessary,  the  asylum  seeker  shall  be  supplied  by  the  requesting  Member  State 
with a laissez passer of the design adopted in accordance with the procedure referred 
to in Article 27(2). 

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

2.  Where  the  transfer  does  not  take  place  within  the  six  months'  time  limit, 
responsibility  shall  lie  with  the  Member  State  in  which  the  application  for  asylum 
was  lodged.  This  time  limit  may  be  extended  up  to  a  maximum  of  one  year  if  the 
transfer  or  the  examination  of  the  application  could  not  be  carried  out  due  to 
imprisonment  of  the  asylum  seeker  or  up  to  a  maximum  of  eighteen  months  if  the 
asylum seeker absconds. 

3. The rules of proof and evidence and their interpretation, and on the preparation of 
and the procedures for transmitting requests, shall be adopted in accordance with the 
procedure referred to in Article 27(2). 

4. Supplementary rules on carrying out transfers may be adopted in accordance with 
the procedure referred to in Article 27(2). 

EN 

44 

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⌦ Section IV. Procedural safeguards ⌫ 

Article 1925 

⌦ Notification of a transfer decision⌫ 

Where  the  requested  Member  State  accepts  ⌦ agrees ⌫  that  it  should  ⌦ to ⌫ 
take charge of ⌦ or to take back ⌫an applicant ⌦ or another person as referred to 
in Article 18(1)(d)⌫, the ⌦ requesting ⌫ Member State in which the application 
for  asylum  was  lodged  shall  notify  the  applicant  ⌦ person  concerned ⌫  of  the 
decision not to examine the application, and of the obligation ⌦of the decision ⌫ 
to  transfer  ⌦ him/her ⌫ the  applicant  to  the  responsible  Member  State  ⌦ and, 
where  applicable,  of  not  examining  his/her  application for  international  protection 
⌫. (cid:214) Such notification shall be made in writing, in a language which the person is 
reasonably  supposed  to  understand  and  within  no  more  than  fifteen  working  days 
from the date of receipt of the reply from the requested Member State .  

information 

The decision referred to in paragraph 1 shall set out the grounds on which it is based. 
,(cid:214) including a description of the main steps in the procedure leading to the decision. 
It shall contain information on available legal remedies and the time-limits applicable 
for  seeking  such  remedies,  as  well  as  information  on  persons  or  entities  that  may 
provide  specific  legal  assistance  and/or  representation  to  the  person .  It  shall 
contain details of the time limit for carrying out the transfer and shall, if necessary, 
and ⌦ the ⌫ date 
contain 
at ⌦ on ⌫ which  the  applicant⌦ person concerned ⌫should  appear,  if  he/she  is 
travelling to the ⌦ responsible ⌫ Member State responsible by his/her own means. 
(cid:214) The  time-limits  for  carrying  out  the  transfer  shall  be  set  in  order  to  allow  the 
person  a  reasonable  period  of  time  to  seek  a  remedy  in  accordance  with  Article 
26.   This  decision  may  be  subject  to  an  appeal  or  a  review.  Appeal  or  review 
concerning this decision shall not suspend the implementation of the transfer except 
when the courts or competent bodies so decide in a case-by-case basis if the national 
legislation allows for this. 

place  ⌦ where, ⌫ 

the 

on 

(cid:216) new 

Article 26 

Remedies 

The applicant or another person as referred to in Article 18(1)(d) shall have the right 
to an effective judicial remedy, in the form of an appeal or a review, in fact and in 
law, of the transfer decision referred to in Article 25, before a court or tribunal. 

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

1. 

2. 

1. 

2. 

EN 

45 

   EN 

 
3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

In  the  event  of  an  appeal  or  review  concerning  the  transfer  decision  referred  to  in 
Article  25,  the  authority  referred  to  in  paragraph  1  of  this  Article  shall,  acting  ex-
officio, decide, as soon as possible, and in any case no later than seven working days 
from the lodging of an appeal or of a review, whether or not the person concerned 
may remain on the territory of the Member State concerned pending the outcome of 
his/her appeal or review. 

No transfer shall take place before the decision referred to in paragraph 3 is taken. A 
decision not to allow the person concerned to remain on the territory of the Member 
State  concerned  pending  the  outcome  of  his/her  appeal  or  review,  shall  state  the 
reasons on which it is based. 

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

Member States shall ensure that legal assistance and/or representation be granted free 
of charge where the person concerned cannot afford the costs involved. 

Procedures for access to legal assistance and/or representation shall be laid down in 
national law. 

Section V. Detention for the purpose of transfer  

Article 27 

Detention  

Member States shall not hold a person in detention for the sole reason that he/she is 
an applicant for international protection in accordance with Directive 2005/85/EC.  

Without  prejudice  to  Article  8(2)  of  Directive  […/…/EC]  [laying  down  minimum 
standards for the reception of asylum seekers], when it proves necessary, on the basis 
of an individual assessment of each case, and if other less coercive measures cannot 
be  applied  effectively,  Member  States  may  detain  an  asylum-seeker  or  another 
person as referred to in Article 18(1)(d), who is subject of a decision of transfer to 
the responsible Member State, to a particular place only if there is a significant risk 
of him/her absconding. 

When  assessing  the  application  of  other  less  coercive  measures  for  the  purpose  of 
paragraph  2,  Member  States  shall  take  into  consideration  alternatives  to  detention 
such  as  regular  reporting  to  the  authorities,  the  deposit  of  a  financial  guarantee,  an 
obligation  to  stay  at  a  designated  place  or  other  measures  to  prevent  the  risk  of 
absconding. 

Detention pursuant to paragraph 2 may only be applied from the moment a decision 
of transfer to the responsible Member State has been notified to the person concerned 
in  accordance  with  Article  25,  until  that  person  is  transferred  to  the  responsible 
Member State.  

EN 

46 

   EN 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

Detention pursuant to paragraph 2 shall be ordered for the shortest period possible. It 
shall  be  no  longer  than  the  time  reasonably  necessary  to  fulfil  the  required 
administrative procedures for carrying out a transfer. 

Detention pursuant to paragraph 2 shall be ordered by judicial authorities. In urgent 
cases  it  may  be  ordered  by  administrative  authorities,  in  which  case  the  detention 
order shall be confirmed by judicial authorities within 72 hours from the beginning 
of  the  detention.  Where  the  judicial  authority  finds  detention  to  be  unlawful,  the 
person concerned shall be released immediately.  

Detention pursuant to paragraph 2 shall be ordered in writing with reasons in fact and 
in law, in particular specifying the reasons on the basis of which it is considered that 
there  is  a  significant  risk  of  the  person  concerned  absconding  as  well  as  the  time 
period of its duration. 

Detained  persons  shall  immediately  be  informed  of  the  reasons  for  detention,  the 
intended duration of the detention and the procedures laid down in national law for 
challenging  the  detention  order,  in  a  language  they  are  reasonably  supposed  to 
understand.  

In every case of a detained person pursuant to paragraph 2, the continued detention 
shall  be  reviewed  by  a  judicial  authority  at  reasonable  intervals  of  time  either  on 
request  by  the  person  concerned  or  ex-officio.  Detention  shall  never  be  unduly 
prolonged. 

Member States shall ensure access to legal assistance and/or representation in cases 
of  detention  pursuant  to  paragraph  2  that  shall  be  free  of  charge  where  the  person 
concerned cannot afford the costs involved.  

Procedures for access to legal assistance and/or representation in such cases shall be 
laid down in national law. 

Minors shall not be detained unless it is in their best interests, as prescribed in Article 
7  of  this  Regulation  and  in  accordance  with  an  individual  examination  of  their 
situation  in  accordance  with  Article  11(5)  of  Directive  […/…/EC]  [laying  down 
minimum standards for the reception of asylum seekers].  

Unaccompanied minors shall never be detained. 

Member  States  shall  ensure  that  asylum-seekers  detained  in  accordance  with  this 
Article enjoy the same level of reception conditions for detained applicants as those 
laid down in particular in Articles 10 and 11 of Directive […/…/EC] [laying down 
minimum standards for the reception of asylum seekers]. 

EN 

47 

   EN 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

⌦ Section VI: Transfers ⌫ 

Article 1928 

⌦ Modalities and time-limits ⌫ 

13. 

24. 

The  transfer  of  the  applicant  ⌦ or  of  another  person  as  referred  to  in  Article 
18(1)(d) ⌫ from the ⌦ requesting ⌫ Member State in which the application was 
lodged  to  the  ⌦ responsible ⌫  Member  State  responsible  shall  be  carried  out  in 
accordance with the national law of the ⌦ requesting ⌫ first 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 that charge be taken 
⌦ by  another  Member  State to  take  charge  or  to  take  back  the  person  concerned 
⌫or of the (cid:214) final  decision on an appeal or review where there is a suspensive 
effect (cid:214) is granted in accordance with Article 26(3) . 

If  necessary,  the  asylum  seeker  shall  be  supplied  by  the  requesting  Member  State 
with a laissez passer of the design adopted in accordance with the procedure referred 
to in Article 40(2) 27(2). 

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

Where  the  transfer  does  not  take  place  within  the  six  months'  time  limit,  (cid:214) 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  responsibility shall lie with the Member State in which 
the  application  for  asylum was  lodged.  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 asylum seeker ⌦ person concerned ⌫ or up to a maximum of eighteen months 
if the asylum seeker ⌦ person concerned ⌫ absconds. 

3. 

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

(cid:216) new 

EN 

48 

   EN 

 
 
(cid:208) 1103/2008/EC,  pts.  3(2)  and 
3(3) of the Annex  

45. 

The  Commission  may  adopt supplementary  rules  on  carrying  out  transfers.  Those 
measures,  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 27(3)40(3). 

(cid:216) new 

Article 29 

Costs of transfers 

1. 

2. 

3. 

4. 

1. 

2. 

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

Where the person concerned has to be sent back to a Member State, as a result of an 
erroneous transfer or of a transfer decision that has been overturned on appeal 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.  

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

Supplementary rules relating to the obligation of the sending Member State to meet 
the costs of transfers may be adopted in accordance with the procedure referred to in 
Article 40(2). 

Article 30 

Exchange of relevant information before transfers being carried out 

In  all  cases  of  transfers,  the  transferring  Member  State  shall  inform  the  receiving 
Member State if the person concerned is fit for the transfer. Only persons who are fit 
for the transfer shall be transferred. 

The  Member  State  carrying  out  the  transfer  shall  communicate  to  the  responsible 
Member  State  such  personal  data  concerning  the  applicant  to  be  transferred  as  is 
appropriate,  relevant  and  non-excessive  for  the  sole  purposes  of  ensuring  that  the 
competent  asylum  authorities  in  the  responsible  Member  State  are  in  a  position  to 
provide the applicant with adequate assistance, including the provision of necessary 
medical  care,  and  to  ensure  continuity  in  the  protection  and  rights  afforded  by  this 
Regulation  and  by  Directive  […/…/EC]  [laying  down  minimum  standards  for  the 

EN 

49 

   EN 

 
 
reception  of  asylum  seekers].  That  information  shall  be  communicated  at  an  early 
stage  and  at  the  latest  seven  working  days  before  a  transfer  is  carried  out,  except 
when the Member State becomes aware of it at a later stage. 

3. 

Member States shall in particular exchange the following information: 

(a) contact details of family members or of other relatives in the receiving Member 

State, where applicable; 

(b) in the case of minors, information in relation to their level of education; 

(c) information about the age of an applicant; 

(d) any other information that the sending Member State deems essential in order to 

safeguard the rights and special needs of the applicant concerned. 

For  the  sole  purpose  of  the  provision  of care  or  treatment,  in  particular  concerning 
disabled  persons,  elderly  people,  pregnant  women,  minors  and  persons  that  have 
been  subject  to  torture,  rape  or  other  serious  forms  of  psychological,  physical  and 
sexual violence, the transferring Member State shall transmit information about any 
special needs of the applicant to be transferred, which in specific cases may include 
information about the state of the physical and mental health of the applicant to be 
transferred. The responsible Member State shall ensure that those special needs are 
adequately addressed, including in particular any essential medical care that may be 
required. 

Any  information  mentioned  in  paragraph  4  shall  only  be  transmitted  by  the 
transferring Member State to the responsible Member State after the explicit consent 
of  the  applicant  and/or  of  his  representative  has  been  obtained  or  when  this  is 
necessary  to  protect  the  vital  interests  of  the  individual  or  of  another  person  where 
he/she is physically or legally incapable of giving his/her consent. Once the transfer 
has been completed, this information shall be deleted immediately by the transferring 
Member State. 

The  processing  of  personal  health  data  shall  only  be  carried  out  by  a  health 
professional  subject  under  national  law  or  rules  established  by  national  competent 
bodies  to  the  obligation  of  professional  secrecy  or  by  another  person  subject  to  an 
equivalent  obligation  of  secrecy.  These  health  professionals  and  persons  receiving 
and processing this information shall receive appropriate medical training as well as 
training  regarding  the  appropriate  processing  of  sensitive  personal  data  relating  to 
health. 

The  exchange  of  information  under  this  Article  shall  only  take  place  between  the 
authorities  notified  to  the  Commission  in  accordance  with  Article  33  using  the 
'DubliNet' electronic communication network set-up under Article 18 of Regulation 
EC  (No)  1560/2003.  The  authorities  notified  according  to  Article  33  of  this 
Regulation  shall  also  specify  the  health  professionals  authorized  to  process  the 
information mentioned in paragraph 4. The information exchanged shall only be used 
for the purposes set out in paragraph 2 and 4 of this Article.  

4. 

5. 

6. 

7. 

EN 

50 

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8. 

9. 

1. 

2. 

3. 

With  a  view  to  facilitating  the  exchange  of  information  between  Member  States,  a 
standard  form  for  transferring  the  data  required  pursuant  to  this  Article  shall  be 
adopted in accordance with the procedure laid down in Article 40(2).  

The  rules  laid  down  in  Article  32(8)  to  (12)  shall  apply  to  the  exchange  of 
information pursuant to this Article. 

Section VII: Temporary suspension of transfers  

Article 31  

When a Member State is faced with a particularly urgent situation which places an 
exceptionally  heavy  burden  on 
its  reception  capacities,  asylum  system  or 
infrastructure,  and  when  the  transfer  of  applicants  for  international  protection  in 
accordance with this Regulation to that Member State could add to that burden, that 
Member State may request that such transfers be suspended. 

The  request  shall  be  addressed  to  the  Commission.  It  shall  indicate  the  grounds  on 
which it is based and shall in particular include: 

(a)  a  detailed  description  of  the  particularly  urgent  situation  which  places  an 
exceptionally  heavy  burden  on  the  requesting  Member  State's  reception 
capacities,  asylum  system  or  infrastructure,  including  relevant  statistics  and 
supporting evidence; 

(b) a substantiated forecast of the likely evolution of this situation in the short-term; 

(c) a substantiated explanation of the further burden that the transfer of applicants for 
international  protection  in  accordance  with  this  Regulation  could  add  to  the 
system  or 
requesting  Member  State's 
infrastructure, including relevant statistics and other supporting evidence. 

reception  capacities,  asylum 

When the Commission considers that the circumstances prevailing in a Member State 
may lead to a level of protection for applicants for international protection which is 
not  in  conformity  with  Community  legislation,  in  particular  with  Directive 
[…/…/EC] laying down minimum standards for the reception of asylum seekers and 
with  Directive  2005/85/EC,  it  may  decide  in  conformity  with  the  procedure  laid 
down  in  paragraph  4,  that  all  transfers  of  applicants  in  accordance  with  this 
Regulation to the Member State concerned be suspended.  

When  a  Member  State  is  concerned  that  the  circumstances  prevailing  in  another 
Member  State  may  lead  to  a  level  of  protection  for  applicants  for  international 
protection which is not in conformity with Community legislation, in particular with 
Directive  […/…/EC]  laying  down  minimum  standards  for  the  reception  of  asylum 
seekers and with Directive 2005/85/EC, it may request that all transfers of applicants 
in accordance with this Regulation to the Member State concerned be suspended. 

The  request  shall  be  addressed  to  the  Commission.  It  shall  indicate  the  grounds  on 
which it is based and shall in particular include detailed information on the situation 
in  the  concerned  Member  State  pointing  to  a  possible  lack  of  conformity  with 

EN 

51 

   EN 

4. 

5. 

6. 

7. 

8. 

9. 

Community  legislation,  in  particular  Directive  […/…/EC]  laying  down  minimum 
standards for the reception of asylum seekers and Directive 2005/85/EC.  

Following  the  receipt  of  a  request  pursuant  to  paragraphs  1  or  3,  or  upon  its  own 
initiative  pursuant  to  paragraph  2,  the  Commission  may  decide  that  all  transfers  of 
applicants  in  accordance  with  this  Regulation  to  the  Member  State  concerned  be 
suspended.  Such  decision  shall  be  taken  as  soon  as  possible  and  at  the  latest  one 
month following the receipt of a request. The decision to suspend transfers shall state 
the reasons on which it is based and shall in particular include:  

(a) an examination of all the relevant circumstances prevailing in the Member State 

towards which transfers could be suspended; 

(b) an examination of the potential impact of the suspension of transfers on the other 

Member States; 

(c) the proposed date on which the suspension of transfers shall take effect;  

(d) any particular conditions attached to such suspension. 

The Commission shall notify the Council and the Member States of the decision to 
suspend all transfers of applicants in accordance with this Regulation to the Member 
State concerned. Any Member State may refer the decision of the Commission to the 
Council within one month from the receipt of the notification. The Council, acting by 
qualified majority, may take a different decision in one month from the date of the 
referral by a Member State. 

Following the decision of the Commission to suspend transfers to a Member State, 
the  other  Member  States  in  which  the  applicants  whose  transfers  have  been 
suspended  are  present,  shall  be  responsible  for  examining  the  applications  for 
international protection of those persons.  

The  decision  to  suspend  transfers  to  a  Member  State  shall  take  due  account  of  the 
need to ensure the protection of minors and of family unity.  

A  decision  to  suspend  transfers  to  a  Member  State  pursuant  to  paragraph  1  shall 
justify the granting of assistance for the emergency measures laid down in Article 5 
of  Decision  No  573/2007/EC  of  the  European  Parliament  and  of  the  Council35, 
following a request for assistance from that Member State. 

Transfers may be suspended for a period which cannot exceed six months. Where the 
grounds for the measures still persist after six months, the Commission may decide, 
upon a request from the Member State concerned referred to paragraph 1 or upon its 
own initiative, to extend their application for a further six months period. Paragraph 
5 applies. 

Nothing  in  this  Article  shall  be  interpreted  as  allowing  Member  States  to  derogate 
from  their  general  obligation  to  take  all  appropriate  measures,  whether  general  or 
particular,  to  ensure  fulfilment  of  their  obligations  arising  out  of  the  Community 

35 

OJ L 144, 6.6.2007, p.1. 

EN 

52 

   EN 

                                                 
legislation  on  asylum,  in  particular  this  Regulation,  Directive  […/…/EC]  laying 
down  minimum  standards  for  the  reception  of  asylum  seekers,  and  Directive 
2005/85/EC. 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

CHAPTER VIVII 

ADMINISTRATIVE COOPERATION  

Article 2132 

⌦ Information sharing⌫ 

1. 

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

(a) the determination of the Member State responsible for examining the application 

for asylum (cid:214) international protection;  

(b) examining the application for (cid:214) international protection  asylum; 

(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,  the  members  of  his 
family  (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  (EC)  No 
2725/2000  [.../...]⌦[concerning  the  establishment  of  "EURODAC"  for  the 
comparison  of  fingerprints  for  the  effective  application  of  the  Dublin 
Regulation] ⌫ ; 

(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; 

EN 

53 

   EN 

 
3. 

4. 

5. 

6. 

7. 

(g)  the  date  any  previous  application  for  asylum  (cid:214) international  protection   was 
lodged,  the  date  the  present  application  was  lodged,  the  stage  reached  in  the 
proceedings and the decision taken, if any. 

Furthermore,  provided  it  is  necessary  for  the  examination  of  the  application  for 
asylum  (cid:214) international  protection   ,  the  Member  State  responsible  may  request 
another  Member  State  to  let  it  know  on  what  grounds  the  asylum  seeker  bases  his 
application  and,  where  applicable,  the  grounds  for  any  decisions  taken  concerning 
the applicant. The Member State may refuse to respond to the request submitted to it, 
if the communication of such information is likely to harm the essential interests of 
the  Member  State  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  asylum 
(cid:214) international  protection,  obtained  by  the  requested  Member  State    . ⌦ In  this 
case,  the  applicant  must  know  for  what  information  he/she  is  giving  his/her 
approval. ⌫ 

Any  request  for  information  shall  (cid:214)  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 asylum 
seekers 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 the individual asylum 
seeker. 

The  requested  Member  State  shall  be  obliged  to  reply  within  six  (cid:214) four  
weeks.(cid:214) Any delays in the reply shall be duly justified. If the research carried out by 
the  requested  Member  State  which  did  not  respect  the  maximum  time-limit,  yield 
information  which  shows  that  it  is  responsible,  that  Member  State  may  not  invoke 
the  expiry  of  the  time-limit  provided  for  in  Articles  21  and  23  as  a  reason  for 
refusing to comply with a request to take charge or take back.  

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  (cid:214) in  accordance  with  Article  33(1)  
which shall inform the other Member States thereof. 

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) the determination of the Member State responsible for examining the application 

for asylum (cid:214) international protection;  

(b) examining the application for asylum (cid:214) international protection;  

(c) implementing any obligation arising under this Regulation. 

EN 

54 

   EN 

8. 

9. 

The Member State which forwards the information shall ensure that it is accurate and 
up-to-date. If it transpires that that Member State 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. 

The asylum seeker shall have the right to be informed, on request, of any data that is 
processed concerning him/her. 

If he finds that this information has been processed in breach of this Regulation or of 
Directive 95/46/EC of the European Parliament and 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  (8),  in  particular  because  it  is  incomplete  or 
inaccurate, he is entitled to have it corrected,⌦ or ⌫ erased or blocked. 

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

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

(cid:216) new 

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

10. 

11. 

12. 

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. 

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

Where the data is not processed automatically or is not contained, or intended to be 
entered, in a file, each Member State should (cid:214) shall  take appropriate measures to 
ensure compliance with this Article through effective checks. 

Article 2233 

⌦ Competent authorities and resources ⌫  

1. 

⌦ Each ⌫ Member States shall notify the Commission (cid:214) without delay  of the 
(cid:214) specific   authorities  responsible  for  fulfilling  the  obligations  arising  under  this 
Regulation  (cid:214) ,  and  any  amendments  thereto.   ⌦ They ⌫ and  shall  ensure  that 
those  authorities  have  the  necessary  resources  for  carrying  out  their  tasks  and  in 

EN 

55 

   EN 

 
 
particular for replying within the prescribed time limits to requests for information, 
requests to take charge of and requests to take back asylum seekers. 

2. 

3. 

24. 

1. 

2. 

(cid:216) new 

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. 

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

(cid:208) 343/2003/EC (adapted) 
(cid:214) new 

Rules  relating  to  the  establishment  of  secure  electronic  transmission  channels 
between the authorities mentioned in paragraph 1 for transmitting requests (cid:214), replies 
and all written correspondence  and ensuring that senders automatically receive an 
electronic  proof  of  delivery  shall  be  established  in  accordance  with  the  procedure 
referred to in Article 40(2)27(2). 

Article 2334 

⌦ Administrative arrangements⌫ 

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 
asylum seekers; 

The  arrangements  referred  to  in  paragraph  1  shall  be  communicated  to  the 
Commission.  The  Commission  shall  (cid:214) approve   verify  that  the  arrangements 
referred to in paragraph 1(b), ⌦ after it has verified that they⌫ do not infringe this 
Regulation. 

EN 

56 

   EN 

 
 
(cid:208) 1560/2003 (adapted) 
(cid:214) new 

⌦ CHAPTER VIII ⌫ 

Conciliation 

Article 1435 

⌦ Conciliation ⌫ 

1. 

2. 

Where the Member States cannot resolve a dispute, either on the need to carry out a 
transfer or to bring relatives together on the basis of Article 15 of Regulation (EC) 
No  343/2003,  or  on  the  Member  State  in  which  the  person  concerned  should  be 
reunited, (cid:214) on any matter related to the application of this Regulation,  they may 
have  recourse  to  the  conciliation  procedure  provided  for  in  paragraph  2  of  this 
Article. 

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  2740  of 
Regulation  (EC)  No  343/2003.  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  deputy,  shall  chair  the  discussion.  He  may 
put forward his point of view but he may not vote. 

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

EN 

57 

   EN 

 
(cid:208) 343/2003/EC  

CHAPTER VIIIX 

TRANSITIONAL PROVISIONS AND FINAL PROVISIONS 

(cid:216) new 

Article 36 

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. 

(cid:208) 343/2003/EC (adapted) 

Article 2437 

⌦ Transitional measures ⌫  

1. This Regulation shall replace the Convention determining the State responsible for 
examining  applications  for  asylum  lodged  in  one  of  the  Member  States  of  the 
European Communities, signed in Dublin on 15 June 1990 (Dublin Convention). 

2.  However,  to  ensure  continuity  of  the  arrangements  for  determining  the  Member 
State  responsible  for  an  application  for  asylum,  wWhere  an  application  has  been 
lodged after the date mentioned in the second paragraph of Article 29 44, 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 14(2) 10(2).  

3.  Where,  in  Regulation  (EC)  No  2725/2000  reference  is  made  to  the  Dublin 
Convention, such reference shall be taken to be a reference made to this Regulation. 

EN 

58 

   EN 

 
 
 
Article2538 

⌦ Calculation of time-limits ⌫ 

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

(a) 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; 

(b) 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; 

(c)  time  limits  shall  include  Saturdays,  Sundays  and  official  holidays  in  any  of  the 

Member States concerned. 

2.Requests and replies shall be sent using any method that provides proof of receipt. 

Article 2639 

⌦ Territorial scope⌫ 

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

Article 2740 

⌦ Committee⌫ 

1. 

2. 

The Commission shall be assisted by a committee. 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

EN 

59 

   EN 

3. 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4),  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof.  

(cid:208) 1103/2008/EC,  pt.  3(4)  of  the 
Annex  

(cid:208) 343/2003/EC (adapted) 

Article 2841 

⌦ Monitoring and evaluation⌫ 

At the latest three years after the date mentioned in the first paragraph of Article 44 
29, the Commission shall report to the European Parliament and 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⌫Hhaving  submitted  that  report,  the  Commission  shall  report  to  the 
European  Parliament  and  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  4(5)  28  of  Regulation  (EC)  No  2725/2000  [.../...] 
⌦ [concerning 
the  comparison  of 
fingerprints for the effective application of the Dublin Regulation] ⌫ . 

the  establishment  of  "EURODAC"  for 

(cid:216) new 

Article 42 

Statistics 

In  accordance  with  Article  4(4)  of  Regulation  (EC)  No  862/2007  of  the  European 
Parliament  and  of  the  Council36,  Member  States  shall  communicate  to  the 
Commission  (Eurostat),  statistics  concerning  the  application  this  Regulation  and  of 
Regulation (EC) No 1560/2003. 

36 

OJ L 199, 31.7.2007, p.23. 

EN 

60 

   EN 

 
 
 
                                                 
(cid:208)  

Article 43 
Repeal 

Regulation (EC) 343/2003 is repealed. 

Articles  11(1),  13,  14  and  17  of  Commission  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. 

(cid:208) 343/2003/EC(adapted) 
(adapted) 
(cid:214) new 

Article 2944 

⌦ Entry into force and applicability⌫ 

This Regulation shall enter into force on the 20th twentieth day following that of its 
publication in the Official Journal of the European Union. 

It shall apply to asylum applications (cid:214) 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 asylum seekers, irrespective 
of the date on which the application was made. The Member State responsible for the 
examination  of  an  asylum  application  (cid:214) for  international  protection   submitted 
before  that  date  shall  be  determined  in  accordance  with  the  criteria  set  out  in  the 
⌦ Regulation (EC) No 343/2003 ⌫ Dublin Convention. 

This Regulation shall be binding in its entirety and directly applicable in the Member 
States in conformity with the Treaty establishing the European Community. 

Done at [...] 

For the European Parliament 
The President 
[…] 

EN 

61 

   EN 

 
 
For the Council 
The President 
[…] 

EN 

62 

   EN 

(cid:207) 

ANNEX I 

REPEALED REGULATION (REFERRED TO IN ARTICLE 43) 

Council Regulation (EC) No 343/2003 

(OJ L 50, 25.2.2003) 

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

(OJ L 222, 5.9.2003) 

(cid:207) 

ANNEX II 

CORRELATION TABLE 

Regulation (EC) 343/2003 

This Regulation 

Article 1 

Article 2(a) 

Article 2(b) 

Article 2(c) 

Article 2(d) 

Article 2(e) 

Article 2(f) 

Article 2(g) 

- 

Article 1 

Article 2(a) 

deleted 

Article 2(b) 

Article 2(c) 

Article 2(d) 

Article 2(e) 

Article 2(f) 

Article 2(g) 

Article 2(h) to (k) 

Article 2(h) to (k) 

- 

Article 3(1) 

Article 3(2) 

EN 

Article 2(l) 

Article 3(1) 

Article 17(1) 

63 

   EN 

 
 
Article 3(3) 

Article 3(4) 

- 

- 

Article 4 (1) to (5) 

- 

- 

- 

Article 5(1) 

Article 5(2) 

- 

Article 6, first paragraph 

- 

Article 6, second paragraph 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15(1) 

Article 15(2) 

Article 15(3) 

Article 15(4) 

Article 15(5) 

Article 3(3) 

Article 4(1), introductory wording 

Article 4(1)(a) to (g) 

Article 4(2) and (3) 

Article 20 (1) to (5) 

Article 20 (5), third sub-paragraph 

Article 5 

Article 6 

Article 7(1) 

Article 7(2) 

Article 7(3) 

Article 8(1) 

Article 8(3) 

Article 8(4) 

Article 9 

Article 10 

Article 13 

Article 14 

Article 15 

Article 16 

Article 3(2) 

Article 12 

Article 17(2), first sub-paragraph 

Article 11(1) 

Article 8(2) 

Article 17(2), fourth sub-paragraph 

Articles 8(5) and Article 11(2);  

EN 

64 

   EN 

Article 16(1)(a) 

Article 16(1)(b) 

Article 16(1)(c) 

Article 16(1)(d) 

Article 16(1)(e) 

Article 16(2) 

Article 16(3) 

- 

Article 16(4) 

Article 17 

Article 18 

Article 19(1) 

Article 19(2) 

- 

Article 19(3) 

Article 19(4) 

- 

Article 19(5) 

Article 18(1)(a) 

Article 18(2) 

Article 18(1)(b) 

Article 18(1)(c) 

Article 18(1)(d) 

Article 19(1) 

Article 19(2), first sub-paragraph 

Article 19(2), second sub-paragraph 

Article 19(3) 

Article 19(3), second sub-paragraph 

Article 21 

Article 22 

Article 25(1) 

Article 25(2) and Article 26(1) 

Article 26(2) to (6) 

Article 28(1) 

Article 28(2) 

Article 28(3) 

Article 28(4) 

Article 20(1), introductory wording 

Article 23(1) 

- 

- 

- 

Article 20(1)(a) 

Article 20(1)(b) 

Article 20(1)(c) 

Article 20(1)(d) 

Article 23(2) 

Article 23(3) 

Article 23(4) 

Article 23(5), first sub-paragraph 

Article 24(1) 

Article 24(2) 

Article 28(1), first sub-paragraph 

EN 

65 

   EN 

 
Article 20(1)(e) 

Article 20(2) 

Article 20(3) 

Article 20(4) 

- 

- 

- 

- 

Article 21(1) to (9) 

Article 25(1), (2), Article 26(1), Article 
28(1), second and third sub-paragraphs; 

Article 28(2) 

Article 23(5), second sub-paragraph 

Article 28(4) 

Article 27 

Article 29 

Article 30 

Article 31 

Article 32(1) to (9) first to third sub-
paragraph 

Article 32(9) fourth sub-paragraph 

Article 21(10) to (12) 

Article 32(10) to (12) 

Article 22(1) 

- 

- 

Article 22(2) 

Article 23 

Article 24(1) 

Article 24(2) 

Article 24(3) 

Article 25(1) 

Article 25(2) 

Article 26 

Article 27(1), (2) 

Article 27(3) 

Article 28 

Article 29 

Article 33(1) 

Article 33(2) 

Article 33(3) 

Article 33(4) 

Article 34 

deleted 

Article 37 

deleted 

Article 38 

deleted 

Article 39 

Article 40 (1), (2) 

deleted 

Article 41 

Article 44 

EN 

66 

   EN 

 
- 

- 

- 

- 

Article 35 

Article 36 

Article 42 

Article 43 

Regulation (EC) 1560/2003 

This Regulation 

Article 11(1) 

Article 13(1) 

Article 13(2) 

Article 13(3) 

Article 13(4) 

Article 14 

Article 17(1) 

Article 17(2) 

Article 11(1) 

Article 17(2), first sub-paragraph 

Article 17(2), second sub-paragraph 

Article 17(2), third sub-paragraph 

Article 17(2), first sub-paragraph 

Article 35 

Articles 9, 10, 17(2), first sub-paragraph 

Article 32(3) 

EN 

67 

   EN