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Document 32014R0118
Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 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
Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 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
Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 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
OJ L 39, 8.2.2014, p. 1–43
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
8.2.2014 |
EN |
Official Journal of the European Union |
L 39/1 |
COMMISSION IMPLEMENTING REGULATION (EU) No 118/2014
of 30 January 2014
amending Regulation (EC) No 1560/2003 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
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (1), and in particular Articles 4(3), 6(5), 8(6), 16(4), 21(3), 22(3), 23(4) and 24(5), Article 29(1) and (4), Article 31(4), Article 32(1) and (5), and Article 35(4) thereof,
Whereas:
(1) |
By Commission Regulation (EC) No 1560/2003 (2) a number of specific arrangements needed for the application of Council Regulation (EC) No 343/2003 (3) were adopted. |
(2) |
In June 2013 a Regulation (EU) No 604/2013 was adopted, recasting Regulation (EC) No 343/2003. A number of further specific arrangements should be established for the effective application of Regulation (EU) No 604/2013. |
(3) |
In order to increase the efficiency of the system and improve the cooperation between national authorities, the rules regarding the transmission and processing of requests for the purpose of taking charge and taking back, the requests for information, the cooperation on reuniting family members and other relatives in the case of unaccompanied minors and dependent persons, as well as carrying out of transfers, need to be amended. |
(4) |
A common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors, a standard form for the exchange of relevant information on unaccompanied minors, uniform conditions for the consultation and exchange of information on minors and dependent persons, a standard form for the exchange of data before a transfer; a common health certificate, of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, are not provided for in Regulation (EC) No 1560/2003. Consequently, new provisions should be added. |
(5) |
Regulation (EU) No 603/2013 of the European Parliament and of the Council (4) replaces Council Regulation (EC) No 2725/2000 (5) and introduces changes to the Eurodac system. Therefore, Regulation (EC) No 1560/2003 should be adapted in order to properly reflect the interaction between the procedures laid down in Regulation (EU) No 604/2013 and the application of Regulation (EU) No 603/2013. |
(6) |
Regulation (EC) No 767/2008 of the European Parliament and of the Council (6) provides for rules on the facilitation of application of Regulation (EU) No 604/2013. Consequently, the uniform conditions for preparation and submission of requests to take charge of applicants should be amended to include rules on the use of Visa Information System data. |
(7) |
Technical adaptations are necessary in order to respond to the evolution of the standards applicable and the practical arrangements for using the electronic transmission network set up by Regulation (EC) No 1560/2003 to facilitate the implementation of Regulation (EU) No 604/2013. |
(8) |
Directive 95/46/EC of the European Parliament and of the Council (7) should apply to processing carried out pursuant to this Regulation. |
(9) |
Regulation (EU) No 604/2013 applies to applications for international protection lodged as from 1 January 2014. It is therefore necessary that this Regulation enters into force as soon as possible to enable Regulation (EU) No 604/2013 to be fully applied. |
(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 44(2) of Regulation (EU) No 604/2013. |
(11) |
Therefore, Regulation (EC) No 1560/2003 should be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1560/2003
Regulation (EC) No 1560/2003 is amended as follows:
(1) |
in Article 1, the following paragraph is inserted: ‘2a. Where the request is based on a positive result (hit) transmitted by the Visa Information System (VIS) in accordance with Article 21 of Regulation (EC) No 767/2008 of the European Parliament and of the Council (*1) after comparison of the fingerprints of the applicant for international protection with fingerprint data previously taken and sent to the VIS in accordance with Article 9 of that Regulation and checked in accordance with Article 21 of that Regulation, it shall also include the data supplied by the VIS. (*1) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).’;" |
(2) |
Article 2 is replaced by the following: ‘Article 2 Preparation of requests for taking back Requests for taking back shall be made on a standard form in accordance with the model in Annex III, setting out the nature of the request, the reasons for it and the provisions of Regulation (EU) No 604/2013 of the European Parliament and of the Council (*2) on which it is based. The request shall also include, as applicable:
(*2) Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).’;" |
(3) |
in Article 8, a new paragraph is added: ‘3. The standard form set out in Annex VI shall be used for the purpose of transmitting to the responsible Member State the data essential to safeguard the rights and immediate needs of the person to be transferred. This standard form shall be considered a notice in the meaning of paragraph 2.’; |
(4) |
in Article 9, a new paragraph is inserted: ‘1a. Where a transfer has been delayed at the request of the transferring Member State, the transferring and the responsible Member States must resume communication in order to allow for a new transfer to be organised as soon as possible, in accordance with Article 8, and no later than two weeks from the moment the authorities become aware of the cessation of the circumstances that caused the delay or postponement. In such a case, an updated standard form for the transfer of the data before a transfer is carried out as set out in Annex VI shall be sent prior to the transfer.’; |
(5) |
in Article 9, paragraph 2 is replaced by the following: ‘2. A Member State which, for one of the reasons set out in Article 29(2) of Regulation (EU) No 604/2013, cannot carry out the transfer within the normal time limit of six months from the date of acceptance of the request to take charge or take back the person concerned or of the final decision on an appeal or review where there is a suspensive effect, shall inform the Member State responsible before the end of that time limit. Otherwise, the responsibility for processing the application for international protection and the other obligations under Regulation (EU) No 604/2013 falls to the requesting Member State, in accordance with Article 29(2) of that Regulation.’; |
(6) |
in Article 11, a new paragraph is added: ‘6. Where the applicant is present on the territory of Member State other than the one where the child, sibling or parent as referred to in Article 16(1) of Regulation (EU) No 604/2013 are present, the two Member States shall consult each other and exchange information in order to establish:
In order to carry out the exchange of information referred to in the first subparagraph, the standard form set out in Annex VII to this Regulation shall be used. The requested Member State shall endeavour to reply within four weeks from the receipt of the request. Where compelling evidence indicates that further investigations would lead to more relevant information, the requested Member State shall inform the requesting Member State that two additional weeks are needed. The request for information pursuant to this Article shall be carried out ensuring full compliance with the deadlines presented in Articles 21(1), 22(1), 23(2), 24(2) and 25(1) of Regulation (EU) No 604/2013. This obligation is without prejudice to Article 34(5) of Regulation (EU) No 604/2013.’; |
(7) |
in Article 12, the following paragraphs are added: ‘3. With a view to facilitating the appropriate action to identify the family members, siblings or relatives of an unaccompanied minor, the Member State with which an application for international protection was lodged by an unaccompanied minor shall, after holding the personal interview pursuant to Article 5 of Regulation (EU) No 604/2013 in the presence of the representative referred to in Article 6(2) of that Regulation, search for and/or take into account any information provided by the minor or coming from any other credible source familiar with the personal situation or the route followed by the minor or a member of his or her family, sibling or relative. The authorities carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor shall involve the representative referred to in Article 6(2) of Regulation (EU) No 604/2013 in this process to the greatest extent possible. 4. Where in the application of the obligations resulting from Article 8 of Regulation (EU) No 604/2013, the Member State carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor is in possession of information that makes it possible to start identifying and/or locating a member of the family, sibling or relative, that Member State shall consult other Member States, as appropriate, and exchange information, in order to:
5. Where the exchange of information referred to in paragraph 4 indicates that more family members, siblings or relatives are present in another Member State or States, the Member State where the unaccompanied minor is present shall cooperate with the relevant Member State or States, to determine the most appropriate person to whom the minor is to be entrusted, and in particular to establish:
6. In order to carry out the exchange of information referred to in paragraph 4, the standard form set out in Annex VIII to this Regulation shall be used. The requested Member State shall endeavour to reply within four weeks from the receipt of the request. Where compelling evidence indicates that further investigations would lead to more relevant information, the requested Member State will inform the requesting Member State that two additional weeks are needed. The request for information pursuant to this Article shall be carried out ensuring full compliance with the deadlines presented in Articles 21(1), 22(1), 23(2), 24(2) and 25(1) of Regulation (EU) No 604/2013. This obligation is without prejudice to Article 34(5) of Regulation (EU) No 604/2013.’; |
(8) |
in Article 15(1), the first subparagraph is replaced by the following: ‘Requests, replies and all written correspondence between Member States concerning the application of Regulation (EU) No 604/2013 shall be sent through the “DubliNet” electronic communications network, set up under Title II of this Regulation.’; |
(9) |
a new Article 15a is inserted: ‘Article 15a Uniform conditions and practical arrangements for exchanging health data before a transfer is carried out The exchange of health data prior to a transfer and, in particular, the transmission of the health certificate set out in Annex IX shall only take place between the authorities notified to the Commission in accordance with Article 35 of Regulation (EU) No 604/2013 using the “DubliNet”. The Member State carrying out the transfer of an applicant and the responsible Member State shall endeavour to agree prior to the transmission of the health certificate on the language to be used in order to complete that certificate, taking into account the circumstances of the case, in particular the need for any urgent action upon arrival.’; |
(10) |
a new Article 16a is inserted: ‘Article 16a Information leaflets for applicants for international protection 1. A common leaflet informing all applicants for international protection of the provisions of Regulation (EU) No 604/2013 and on the application of Regulation (EU) No 603/2013 is set out in Annex X. 2. A specific leaflet for unaccompanied children applying for international protection is set out in Annex XI. 3. Information for third-country nationals or stateless persons apprehended in connection with irregular crossing of an external border is set out in Annex XII. 4. Information for third-country nationals or stateless persons found illegally staying in a Member State, are set out in Annex XIII.’; |
(11) |
in Article 18, paragraph 2 is deleted; |
(12) |
in Article 19, paragraph 4 is replaced by the following: ‘4. The forms of which the models are set out in Annexes I and III and the forms for the request of information set out in Annexes V, VI, VII, VIII and IX shall be sent between National Access Points in the format supplied by the Commission. The Commission shall inform the Member States of the technical standards required.’; |
(13) |
in Article 20, paragraph 1 is replaced by the following: ‘1. Each transmission shall have a reference number making it possible unambiguously to identify the case to which it relates and the Member State making the request. That number must also make it possible to determine whether the transmission relates to a request for taking charge (type 1), a request for taking back (type 2), a request for information (type 3), an exchange of information on the child, sibling or parent of an applicant in a situation of dependency (type 4), an exchange of information on the family, sibling or relative of an unaccompanied minor (type 5), the transmission of information prior to a transfer (type 6) or the transmission of the common health certificate (type 7).’; |
(14) |
in Article 20(2), the second subparagraph is replaced by the following: ‘If the request is based on data supplied by Eurodac, the Eurodac reference number of the requested Member State shall be included.’; |
(15) |
in Article 21, paragraph 3 is replaced by the following: ‘3. If a National Access Point has sent data to a National Access Point that has experienced an interruption in its operation, the log of transmission at the level of the central communication infrastructure shall be used as proof of the date and time of transmission. The deadlines set by Regulation (EU) No 604/2013 for sending a request or a reply shall not be suspended for the duration of the interruption of the operation of the National Access Point in question.’; |
(16) |
Annexes are replaced by the text set out in the Annex to this Regulation. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2014.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 180, 29.6.2013, p. 31.
(2) 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 (OJ L 222, 5.9.2003, p. 3).
(3) Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25.2.2003, p. 1).
(4) Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).
(5) Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).
(6) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
(7) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
ANNEX
‘ANNEX II
(References are to articles of Regulation (EU) No 604/2013)
LIST A
MEANS OF PROOF
I. Process of determining the State responsible for examining an application for international protection
1. Presence of a family member, relative or relation (father, mother, child, sibling, aunt, uncle, grandparent, adult responsible for a child, guardian) of an applicant who is an unaccompanied minor (Article 8)
Probative evidence
— |
written confirmation of the information by the other Member State; |
— |
extracts from registers; |
— |
residence permits issued to the family member; |
— |
evidence that the persons are related, if available; |
— |
failing this, and if necessary, a DNA or blood test. |
2. Legal residence in a Member State of a family member recognised as beneficiary of international protection (Article 9)
Probative evidence
— |
written confirmation of the information by the other Member State; |
— |
extracts from registers; |
— |
residence permits issued to the individual with refugee or subsidiary protection status; |
— |
evidence that the persons are related, if available; |
— |
consent of the persons concerned. |
3. Presence of a family member applying for international protection whose application has not yet been the subject of a first decision regarding the substance in a Member State (Article 10)
Probative evidence
— |
written confirmation of the information by the other Member State; |
— |
extracts from registers; |
— |
temporary residence authorisations issued to the individual while the application is being examined; |
— |
evidence that the persons are related, if available; |
— |
failing this, if necessary, a DNA or blood test; |
— |
consent of the persons concerned. |
4. Valid residence documents (Article 12(1) and (3) or residence documents which expired less than 2 years previously [and date of entry into force] (Article 12(4))
Probative evidence
— |
residence document; |
— |
extracts from the register of aliens or similar registers; |
— |
reports/confirmation of the information by the Member State which issued the residence document. |
5. Valid visas (Article 12(2) and (3)) and visas which expired less than 6 months previously [and date of entry into force] (Article 12(4))
Probative evidence
— |
visa issued (valid or expired, as appropriate); |
— |
extracts from the register of aliens or similar registers; |
— |
positive match (hit) transmitted by the VIS in accordance with Article 21 of Regulation (EC) No 767/2008; |
— |
reports/confirmation of the information by the Member State which issued the visa. |
6. Legal entry into the territory at an external frontier (Article 14)
Probative evidence
— |
entry stamp in a passport; |
— |
exit stamp from a country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed; |
— |
tickets conclusively establishing entry at an external frontier; |
— |
entry stamp or similar endorsement in passport. |
7. Illegal entry at an external frontier (Article 13(1))
Probative evidence
— |
positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 14 of the “Eurodac” Regulation; |
— |
entry stamp in a forged or falsified passport; |
— |
exit stamp from a country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed; |
— |
tickets conclusively establishing entry at an external frontier; |
— |
entry stamp or similar endorsement in passport. |
8. Residence in a Member State for at least five months (Article 13(2))
Probative evidence
— |
residence authorisations issued while the application for a residence permit is being examined; |
— |
requests to leave the territory or expulsion order issued on dates at least five months apart or that have not been enforced; |
— |
extracts from the records of hospitals, prisons, detention centres. |
9. Departure from the territory of the Member States (Article 19(2))
Probative evidence
— |
exit stamp; |
— |
extracts from third-country registers (substantiating residence); |
— |
tickets conclusively establishing departure from or entry at an external frontier; |
— |
report/confirmation by the Member State from which the applicant left the territory of the Member States; |
— |
stamp of third country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed. |
II. Obligation on the Member State responsible for examining the application to re-admit or take back the applicant
1. Process of determining the Member State responsible is under way in the Member State where the application was lodged (Article 20(5))
Probative evidence
— |
positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 9 of the “Eurodac” Regulation; |
— |
form submitted by the applicant; |
— |
official report drawn up by the authorities; |
— |
fingerprints taken in connection with an application; |
— |
extracts from relevant registers and files; |
— |
written report by the authorities attesting that an application has been made. |
2. Application is under examination or was lodged previously (Article 18(1)(b)(c) and (d))
Probative evidence
— |
positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 9 of the “Eurodac” Regulation; |
— |
form submitted by the applicant; |
— |
official report drawn up by the authorities; |
— |
fingerprints taken in connection with an application; |
— |
extracts from relevant registers and files; |
— |
written report by the authorities attesting that an application has been made. |
3. Departure from the territory of the Member States (Articles 20(5) and 19(2))
Probative evidence
— |
exit stamp; |
— |
extracts from third-country registers (substantiating residence); |
— |
exit stamp from a third country bordering on a Member State, bearing in mind the route taken by the applicant and the date on which the frontier was crossed; |
— |
written proof from the authorities that the alien has actually been expelled. |
4. Expulsion from the territory of the Member States (Article 19(3))
Probative evidence
— |
written proof from the authorities that the alien has actually been expelled; |
— |
exit stamp; |
— |
confirmation of the information regarding expulsion by the third country. |
LIST B
CIRCUMSTANTIAL EVIDENCE
I. Process of determining the State responsible for examining an application for international protection
1. Presence of a family member (father, mother, guardian) of an applicant who is an unaccompanied minor (Article 8)
Indicative evidence (1)
— |
verifiable information from the applicant; |
— |
statements by the family members concerned; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR. |
2. Legal residence in a Member State of a family member recognised as having refugee or international protection status (Article 9)
Indicative evidence
— |
verifiable information from the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR. |
3. Presence of a family member applying for international protection whose application has not yet been the subject of a first decision regarding the substance in a Member State (Article 10)
Indicative evidence
— |
verifiable information from the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR. |
4. Valid residence documents (Article 12(1) and (3)) or residence documents which expired less than 2 years previously [and date of entry into force] (Article 12(4))
Indicative evidence
— |
detailed and verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by the Member State which did not issue the residence permit; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
5. Valid visas (Article 12(2) and (3)) and visas which expired less than 6 months previously [and date of entry into force] (Article 12(4))
Indicative evidence
— |
detailed and verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by the Member State which did not issue the residence permit; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
6. Legal entry into the territory at an external frontier (Article 14)
Indicative evidence
— |
detailed and verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by another Member State or third country; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
— |
fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier. In such cases, they constitute probative evidence as defined in list A; |
— |
tickets; |
— |
hotel bills; |
— |
entry cards for public or private institutions in the Member States; |
— |
appointment cards for doctors, dentists, etc.; |
— |
information showing that the applicant has used the services of a travel agency; |
— |
other circumstantial evidence of the same kind. |
7. Illegal entry into the territory at an external frontier (Article 13(1))
Indicative evidence
— |
detailed and verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by another Member State or third country; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
— |
fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier. In such cases, they constitute probative evidence as defined in list A; |
— |
tickets; |
— |
hotel bills; |
— |
entry cards for public or private institutions in the Member States; |
— |
appointment cards for doctors, dentists, etc.; |
— |
information showing that the applicant has used the services of a courier or a travel agency; |
— |
other circumstantial evidence of the same kind. |
8. Residence in a Member State for at least five months (Article 13(2))
Indicative evidence
— |
detailed and verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by a non-governmental organisation, such as an organisation providing accommodation for those in need; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
— |
fingerprints; |
— |
tickets; |
— |
hotel bills; |
— |
entry cards for public or private institutions in the Member States; |
— |
appointment cards for doctors, dentists, etc.; |
— |
information showing that the applicant has used the services of a courier or a travel agency; |
— |
other circumstantial evidence of the same kind. |
9. Departure from the territory of the Member States (Article 19(2))
Indicative evidence
— |
detailed and verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by another Member State; |
— |
re Article (19(2)): exit stamp where the applicant concerned has left the territory of the Member States for a period of at least 3 months; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
— |
fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier. In such cases, they constitute probative evidence as defined in list A; |
— |
tickets; |
— |
hotel bills; |
— |
appointment cards for doctors, dentists, etc. in a third country; |
— |
information showing that the applicant has used the services of a courier or a travel agency; |
— |
other circumstantial evidence of the same kind. |
II. Obligation on the Member State responsible for examining the application for international protection to re-admit or take back the applicant
1. Process of determining the Member State responsible is under way in the Member State where the application was lodged (Article 20(5))
Indicative evidence
— |
verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
— |
reports/confirmation of the information by another Member State. |
2. Application for international protection is under examination or was lodged previously (Article 18(1)(b)(c)(d))
Indicative evidence
— |
verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by another Member State. |
3. Departure from the territory of the Member States (Articles 20(5) and 19(2))
Indicative evidence
— |
detailed and verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
reports/confirmation of the information by another Member State; |
— |
exit stamp where the applicant concerned has left the territory of the Member States for a period of at least three months; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
— |
fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier. In such cases, they constitute probative evidence as defined in list A; |
— |
tickets; |
— |
hotel bills; |
— |
appointment cards for doctors, dentists, etc. in a third country; |
— |
information showing that the applicant has used the services of a courier or a travel agency; |
— |
other circumstantial evidence of the same kind. |
4. Expulsion from the territory of the Member States (Article 19(3))
Indicative evidence
— |
verifiable statements by the applicant; |
— |
reports/confirmation of the information by an international organisation, such as UNHCR; |
— |
exit stamp where the applicant concerned has left the territory of the Member States for a period of at least three months; |
— |
reports/confirmation of the information by family members, travelling companions, etc.; |
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fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier. In such cases, they constitute probative evidence as defined in list A; |
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tickets; |
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hotel bills; |
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appointment cards for doctors, dentists, etc.; |
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information showing that the applicant has used the services of a courier or a travel agency; |
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other circumstantial evidence of the same kind. |