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Document 02013R0604-20130629
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast)
Consolidated text: Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast)
Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast)
In force
02013R0604 — EN — 29.06.2013 — 000.001
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REGULATION (EU) No 604/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 (OJ L 180 29.6.2013, p. 31) |
Corrected by:
REGULATION (EU) No 604/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 June 2013
establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast)
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 international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Member State responsible’).
Article 2
Definitions
For the purposes of this Regulation:
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is not national of a State which participates in this Regulation by virtue of an agreement with the European Union;
‘application for international protection’ means an application for international protection as defined in Article 2(h) of Directive 2011/95/EU;
‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;
‘examination of an application for international protection’ means any examination of, or decision or ruling concerning, an application for international protection by the competent authorities in accordance with Directive 2013/32/EU and Directive 2011/95/EU, except for procedures for determining the Member State responsible in accordance with this Regulation;
‘withdrawal of an application for international protection’ means the actions by which the applicant terminates the procedures initiated by the submission of his or her application for international protection, in accordance with Directive 2013/32/EU, either explicitly or tacitly;
‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 2(a) of Directive 2011/95/EU;
‘family members’ means, insofar as the family already existed in the country of origin, the following members of the applicant’s family who are present on the territory of the Member States:
‘relative’ means the applicant’s adult aunt or uncle or grandparent who is present in the territory of a Member State, regardless of whether the applicant was born in or out of wedlock or adopted as defined under national law;
‘minor’ means a third-country national or a stateless person below the age of 18 years;
‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor who is left unaccompanied after he or she has entered the territory of Member States;
‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor, in accordance with this Regulation;
‘residence document’ means any authorisation issued by the authorities of a Member State authorising a third-country national or a stateless person to stay on its territory, including the documents substantiating the authorisation to remain on the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the Member State responsible as established in this Regulation or during the examination of an application for international protection or an application for a residence permit;
‘visa’ means the authorisation or decision of a Member State required for transit or entry for an intended stay in that Member State or in several Member States. The nature of the visa shall be determined in accordance with the following definitions:
‘risk of absconding’ means the existence of reasons in an individual case, which are based on objective criteria defined by law, to believe that an applicant or a third-country national or a stateless person who is subject to a transfer procedure may abscond.
CHAPTER II
GENERAL PRINCIPLES AND SAFEGUARDS
Article 3
Access to the procedure for examining an application for international protection
Where it is impossible to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter III in order to establish whether another Member State can be designated as responsible.
Where the transfer cannot be made pursuant to this paragraph to any Member State designated on the basis of the criteria set out in Chapter III or to the first Member State with which the application was lodged, the determining Member State shall become the Member State responsible.
Article 4
Right to information
As soon as an application for international protection is lodged within the meaning of Article 20(2) in a Member State, its competent authorities shall inform the applicant of the application of this Regulation, and in particular of:
the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of moving from one Member State to another during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined;
the criteria for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the fact that an application for international protection lodged in one Member State can result in that Member State becoming responsible under this Regulation even if such responsibility is not based on those criteria;
the personal interview pursuant to Article 5 and the possibility of submitting information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information;
the possibility to challenge a transfer decision and, where applicable, to apply for a suspension of the transfer;
the fact that the competent authorities of Member States can exchange data on him or her for the sole purpose of implementing their obligations arising under this Regulation;
the right of access to data relating to him or her and the right to request that such data be corrected if inaccurate or be deleted if unlawfully processed, as well as the procedures for exercising those rights, including the contact details of the authorities referred to in Article 35 and of the national data protection authorities responsible for hearing claims concerning the protection of personal data.
Where necessary for the proper understanding of the applicant, the information shall also be supplied orally, for example in connection with the personal interview as referred to in Article 5.
Article 5
Personal interview
The personal interview may be omitted if:
the applicant has absconded; or
after having received the information referred to in Article 4, the applicant has already provided the information relevant to determine the Member State responsible by other means. The Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible before a decision is taken to transfer the applicant to the Member State responsible pursuant to Article 26(1).
Article 6
Guarantees for minors
This paragraph shall be without prejudice to the relevant provisions in Article 25 of Directive 2013/32/EU.
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:
family reunification possibilities;
the minor’s well-being and social development;
safety and security considerations, in particular where there is a risk of the minor being a victim of human trafficking;
the views of the minor, in accordance with his or her age and maturity.
To that end, that Member State may call for the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations.
The staff of the competent authorities referred to in Article 35 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors.
CHAPTER III
CRITERIA FOR DETERMINING THE MEMBER STATE RESPONSIBLE
Article 7
Hierarchy of criteria
Article 8
Minors
Article 9
Family members who are beneficiaries of international protection
Where the applicant has a family member, regardless of whether the family was previously formed in the country of origin, who has been allowed to reside as a beneficiary of international protection in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Article 10
Family members who are applicants for international protection
If the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.
Article 11
Family procedure
Where several family members and/or minor unmarried siblings submit applications for international protection in the same Member State simultaneously, or on dates close enough for the procedures for determining the Member State responsible to be conducted together, and where the application of the criteria set out in this Regulation would lead to their being separated, the Member State responsible shall be determined on the basis of the following provisions:
responsibility for examining the applications for international protection of all the family members and/or minor unmarried siblings shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number of them;
failing this, responsibility shall lie with the Member State which the criteria indicate is responsible for examining the application of the oldest of them.
Article 12
Issue of residence documents or visas
Where the applicant is in possession of more than one valid residence document or visa issued by different Member States, the responsibility for examining the application for international protection shall be assumed by the Member States in the following order:
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;
the Member State which issued the visa having the latest expiry date where the various visas are of the same type;
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 applicant is in possession of one or more residence documents which have expired more than two years previously or one or more visas which have expired more than six months previously and enabled him or her actually to enter the territory of a Member State and where he has not left the territories of the Member States, the Member State in which the application for international protection is lodged shall be responsible.
Article 13
Entry and/or stay
If the applicant has been living for periods of time of at least five months in several Member States, the Member State where he or she has been living most recently shall be responsible for examining the application for international protection.
Article 14
Visa waived entry
Article 15
Application in an international transit area of an airport
Where the application for international protection is made in the international transit area of an airport of a Member State by a third-country national or a stateless person, that Member State shall be responsible for examining the application.
CHAPTER IV
DEPENDENT PERSONS AND DISCRETIONARY CLAUSES
Article 16
Dependent persons
Article 17
Discretionary clauses
The Member State which decides to examine an application for international protection pursuant to this paragraph shall become the Member State responsible and shall assume the obligations associated with that responsibility. Where applicable, it shall inform, using the ‘DubliNet’ electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003, the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State which has been requested to take charge of, or to take back, the applicant.
The Member State which becomes responsible pursuant to this paragraph shall forthwith indicate it in Eurodac in accordance with Regulation (EU) No 603/2013 by adding the date when the decision to examine the application was taken.
The request to take charge shall contain all the material in the possession of the requesting Member State to allow the requested Member State to assess the situation.
The requested Member State shall carry out any necessary checks to examine the humanitarian grounds cited, and shall reply to the requesting Member State within two months of receipt of the request using the ‘DubliNet’ electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. A reply refusing the request shall state the reasons on which the refusal is based.
Where the requested Member State accepts the request, responsibility for examining the application shall be transferred to it.
CHAPTER V
OBLIGATIONS OF THE MEMBER STATE RESPONSIBLE
Article 18
Obligations of the Member State responsible
The Member State responsible under this Regulation shall be obliged to:
take charge, under the conditions laid down in Articles 21, 22 and 29, of an applicant who has lodged an application in a different Member State;
take back, under the conditions laid down in Articles 23, 24, 25 and 29, an applicant whose application is under examination and who made an application in another Member State or who is on the territory of another Member State without a residence document;
take back, under the conditions laid down in Articles 23, 24, 25 and 29, a third-country national or a stateless person who has withdrawn the application under examination and made an application in another Member State or who is on the territory of another Member State without a residence document;
take back, under the conditions laid down in Articles 23, 24, 25 and 29, a third-country national or a stateless person whose application has been rejected and who made an application in another Member State or who is on the territory of another Member State without a residence document.
In the cases falling within the scope of paragraph 1(c), when the Member State responsible had discontinued the examination of an application following its withdrawal by the applicant before a decision on the substance has been taken at first instance, that Member State shall ensure that the applicant is entitled to request that the examination of his or her application be completed or to lodge a new application for international protection, which shall not be treated as a subsequent application as provided for in Directive 2013/32/EU. In such cases, Member States shall ensure that the examination of the application is completed.
In the cases falling within the scope of paragraph 1(d), where the application has been rejected at first instance only, the Member State responsible shall ensure that the person concerned has or has had the opportunity to seek an effective remedy pursuant to Article 46 of Directive 2013/32/EU.
Article 19
Cessation of responsibilities
An application lodged after the period of absence referred to in the first subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
An application lodged after an effective removal has taken place shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
CHAPTER VI
PROCEDURES FOR TAKING CHARGE AND TAKING BACK
SECTION I
Start of the procedure
Article 20
Start of the procedure
The applicant shall be informed in writing of this change in the determining Member State and of the date on which it took place.
That obligation shall cease where the Member State requested to complete the process of determining the Member State responsible can establish that the applicant has in the meantime left the territory of the Member States for a period of at least three months or has obtained a residence document from another Member State.
An application lodged after the period of absence referred to in the second subparagraph shall be regarded as a new application giving rise to a new procedure for determining the Member State responsible.
SECTION II
Procedures for take charge requests
Article 21
Submitting a take charge request
Notwithstanding the first subparagraph, in the case of a Eurodac hit with data recorded pursuant to Article 14 of Regulation (EU) No 603/2013, the request shall be sent within two months of receiving that hit pursuant to Article 15(2) of that Regulation.
Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State in which the application was lodged.
The request shall state the reasons warranting an urgent reply and the period within which a reply is expected. That period shall be at least one week.
The Commission shall, by means of implementing acts, adopt uniform conditions on the preparation and submission of take charge requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Article 22
Replying to a take charge request
The Commission shall, by means of implementing acts, establish, and review periodically, two lists, indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in points (a) and (b) of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Proof:
this refers to formal proof which determines responsibility pursuant to this Regulation, as long as it is not refuted by proof to the contrary;
the Member States shall provide the Committee provided for in Article 44 with models of the different types of administrative documents, in accordance with the typology established in the list of formal proofs;
Circumstantial evidence:
this refers to indicative elements which while being refutable may be sufficient, in certain cases, according to the evidentiary value attributed to them;
their evidentiary value, in relation to the responsibility for examining the application for international protection shall be assessed on a case-by-case basis.
SECTION III
Procedures for take back requests
Article 23
Submitting a take back request when a new application has been lodged in the requesting Member State
If the take back request is based on evidence other than data obtained from the Eurodac system, it shall be sent to the requested Member State within three months of the date on which the application for international protection was lodged within the meaning of Article 20(2).
The Commission shall, by means of implementing acts, adopt uniform conditions for the preparation and submission of take back requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Article 24
Submitting a take back request when no new application has been lodged in the requesting Member State
If the take back request is based on evidence other than data obtained from the Eurodac system, it shall be sent to the requested Member State within three months of the date on which the requesting Member State becomes aware that another Member State may be responsible for the person concerned.
When the latter Member State decides to request the former Member State to take back the person concerned, the rules laid down in Directive 2008/115/EC shall not apply.
The Commission shall, by means of implementing acts, establish and review periodically two lists indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in Article 22(3)(a) and (b), and shall adopt uniform conditions for the preparation and submission of take back requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Article 25
Replying to a take back request
SECTION IV
Procedural safeguards
Article 26
Notification of a transfer decision
Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1, when that information has not been already communicated.
Article 27
Remedies
For the purposes of appeals against, or reviews of, transfer decisions, Member States shall provide in their national law that:
the appeal or review confers upon the person concerned the right to remain in the Member State concerned pending the outcome of the appeal or review; or
the transfer is automatically suspended and such suspension lapses after a certain reasonable period of time, during which a court or a tribunal, after a close and rigorous scrutiny, shall have taken a decision whether to grant suspensive effect to an appeal or review; or
the person concerned has the opportunity to request within a reasonable period of time a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within a reasonable period of time, while permitting a close and rigorous scrutiny of the suspension request. A decision not to suspend the implementation of the transfer decision shall state the reasons on which it is based.
Without arbitrarily restricting access to legal assistance, Member States may provide that free legal assistance and representation not be granted where the appeal or review is considered by the competent authority or a court or tribunal to have no tangible prospect of success.
Where a decision not to grant free legal assistance and representation pursuant to this paragraph is taken by an authority other than a court or tribunal, Member States shall provide the right to an effective remedy before a court or tribunal to challenge that decision.
In complying with the requirements set out in this paragraph, Member States shall ensure that legal assistance and representation is not arbitrarily restricted and that the applicant’s effective access to justice is not hindered.
Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation.
Procedures for access to legal assistance shall be laid down in national law.
SECTION V
Detention for the purpose of transfer
Article 28
Detention
Where a person is detained pursuant to this Article, the period for submitting a take charge or take back request shall not exceed one month from the lodging of the application. The Member State carrying out the procedure in accordance with this Regulation shall ask for an urgent reply in such cases. Such reply shall be given within two weeks of receipt of the request. Failure to reply within the two-week period shall be tantamount to accepting the request and shall entail the obligation to take charge or take back the person, including the obligation to provide for proper arrangements for arrival.
Where a person is detained pursuant to this Article, the transfer of that person from the requesting Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within six weeks of the implicit or explicit acceptance of the request by another Member State to take charge or to take back the person concerned or of the moment when the appeal or review no longer has a suspensive effect in accordance with Article 27(3).
When the requesting Member State fails to comply with the deadlines for submitting a take charge or take back request or where the transfer does not take place within the period of six weeks referred to in the third subparagraph, the person shall no longer be detained. Articles 21, 23, 24 and 29 shall continue to apply accordingly.
SECTION VI
Transfers
Article 29
Modalities and time limits
If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall ensure that they are carried out in a humane manner and with full respect for fundamental rights and human dignity.
If necessary, the applicant shall be supplied by the requesting Member State with a laissez passer. The Commission shall, by means of implementing acts, establish the design of the laissez passer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
The Member State responsible shall inform the requesting Member State, as appropriate, of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
Article 30
Costs of transfer
Article 31
Exchange of relevant information before a transfer is carried out
The transferring Member State shall, in so far as such information is available to the competent authority in accordance with national law, transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate special needs of the person to be transferred, and in particular:
any immediate measures which the Member State responsible is required to take in order to ensure that the special needs of the person to be transferred are adequately addressed, including any immediate health care that may be required;
contact details of family members, relatives or any other family relations in the receiving Member State, where applicable;
in the case of minors, information on their education;
an assessment of the age of an applicant.
Article 32
Exchange of health data before a transfer is carried out
The Commission shall, by means of implementing acts, draw up the common health certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 44(2).
Article 33
A mechanism for early warning, preparedness and crisis management
The Member State concerned shall inform the Council and the Commission whether it intends to present a preventive action plan in order to overcome the pressure and/or problems in the functioning of its asylum system whilst ensuring the protection of the fundamental rights of applicants for international protection.
A Member State may, at its own discretion and initiative, draw up a preventive action plan and subsequent revisions thereof. When drawing up a preventive action plan, the Member State may call for the assistance of the Commission, other Member States, EASO and other relevant Union agencies.
The Member State concerned shall take all appropriate measures to deal with the situation of particular pressure on its asylum system or to ensure that the deficiencies identified are addressed before the situation deteriorates. Where the preventive action plan includes measures aimed at addressing particular pressure on a Member State’s asylum system which may jeopardise the application of this Regulation, the Commission shall seek the advice of EASO before reporting to the European Parliament and to the Council.
Following the request to draw up a crisis management action plan, the Member State concerned shall, in cooperation with the Commission and EASO, do so promptly, and at the latest within three months of the request.
The Member State concerned shall submit its crisis management action plan and shall report, at least every three months, on its implementation to the Commission and other relevant stakeholders, such as EASO, as appropriate.
The Commission shall inform the European Parliament and the Council of the crisis management action plan, possible revisions and the implementation thereof. In those reports, the Member State concerned shall report on data to monitor compliance with the crisis management action plan, such as the length of the procedure, the detention conditions and the reception capacity in relation to the inflow of applicants.
CHAPTER VII
ADMINISTRATIVE COOPERATION
Article 34
Information sharing
Each Member State shall communicate to any Member State that so requests such personal data concerning the applicant as is appropriate, relevant and non-excessive for:
determining the Member State responsible;
examining the application for international protection;
implementing any obligation arising under this Regulation.
The information referred to in paragraph 1 may only cover:
personal details of the applicant, and, where appropriate, his or her family members, relatives or any other family relations (full name and where appropriate, former name; nicknames or pseudonyms; nationality, present and former; date and place of birth);
identity and travel papers (references, validity, date of issue, issuing authority, place of issue, etc.);
other information necessary for establishing the identity of the applicant, including fingerprints processed in accordance with Regulation (EU) No 603/2013;
places of residence and routes travelled;
residence documents or visas issued by a Member State;
the place where the application was lodged;
the date on which any previous application for international protection was lodged, the date on which the present application was lodged, the stage reached in the proceedings and the decision taken, if any.
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:
determining the Member State responsible;
examining the application for international protection;
implementing any obligation arising under this Regulation.
If the applicant finds that the data have been processed in breach of this Regulation or of Directive 95/46/EC, in particular because they are incomplete or inaccurate, he or she shall be entitled to have them corrected or erased.
The authority correcting or erasing the data shall inform, as appropriate, the Member State transmitting or receiving the information.
The applicant shall have the right to bring an action or a complaint before the competent authorities or courts or tribunals of the Member State which refused the right of access to or the right of correction or erasure of data relating to him or her.
Article 35
Competent authorities and resources
Article 36
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:
exchanges of liaison officers;
simplification of the procedures and shortening of the time limits relating to transmission and the examination of requests to take charge of or take back applicants.
CHAPTER VIII
CONCILIATION
Article 37
Conciliation
The Chairman of the Committee shall appoint three members of the Committee representing three Member States not connected with the matter. They shall receive the arguments of the parties either in writing or orally and, after deliberation, shall propose a solution within one month, where necessary after a vote.
The Chairman of the Committee, or his or her deputy, shall chair the discussion. He or she may put forward his or her point of view but may not vote.
Whether it is adopted or rejected by the parties, the solution proposed shall be final and irrevocable.
CHAPTER IX
TRANSITIONAL PROVISIONS AND FINAL PROVISIONS
Article 38
Data security and data protection
Member States shall take all appropriate measures to ensure the security of transmitted personal data and in particular to avoid unlawful or unauthorised access or disclosure, alteration or loss of personal data processed.
Each Member State shall provide that the national supervisory authority or authorities designated pursuant to Article 28(1) of Directive 95/46/EC shall monitor independently, in accordance with its respective national law, the lawfulness of the processing, in accordance with this Regulation, of personal data by the Member State in question.
Article 39
Confidentiality
Member States shall ensure that the authorities referred to in Article 35 are bound by the confidentiality rules provided for in national law, in relation to any information they obtain in the course of their work.
Article 40
Penalties
Member States shall take the necessary measures to ensure that any misuse of data processed in accordance with this Regulation is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.
Article 41
Transitional measures
Where an application has been lodged after the date mentioned in the second paragraph of Article 49, the events that are likely to entail the responsibility of a Member State under this Regulation shall be taken into consideration, even if they precede that date, with the exception of the events mentioned in Article 13(2).
Article 42
Calculation of time limits
Any period of time prescribed in this Regulation shall be calculated as follows:
where a period expressed in days, weeks or months is to be calculated from the moment at which an event occurs or an action takes place, the day during which that event occurs or that action takes place shall not be counted as falling within the period in question;
a period expressed in weeks or months shall end with the expiry of whichever day in the last week or month is the same day of the week or falls on the same date as the day during which the event or action from which the period is to be calculated occurred or took place. If, in a period expressed in months, the day on which it should expire does not occur in the last month, the period shall end with the expiry of the last day of that month;
time limits shall include Saturdays, Sundays and official holidays in any of the Member States concerned.
Article 43
Territorial scope
As far as the French Republic is concerned, this Regulation shall apply only to its European territory.
Article 44
Committee
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 45
Exercise of the delegation
Article 46
Monitoring and evaluation
By 21 July 2016, the Commission shall report to the European Parliament and to the Council on the application of this Regulation and, where appropriate, shall propose the necessary amendments. Member States shall forward to the Commission all information appropriate for the preparation of that report, at the latest six months before that time limit expires.
After having submitted that report, the Commission shall report to the European Parliament and to the Council on the application of this Regulation at the same time as it submits reports on the implementation of the Eurodac system provided for by Article 40 of Regulation (EU) No 603/2013.
Article 47
Statistics
In accordance with Article 4(4) of Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection ( 3 ), Member States shall communicate to the Commission (Eurostat), statistics concerning the application of this Regulation and of Regulation (EC) No 1560/2003.
Article 48
Repeal
Regulation (EC) No 343/2003 is repealed.
Articles 11(1), 13, 14 and 17 of Regulation (EC) No 1560/2003 are repealed.
References to the repealed Regulation or Articles shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 49
Entry into force and applicability
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply to applications for international protection lodged as from the first day of the sixth month following its entry into force and, from that date, it will apply to any request to take charge of or take back applicants, irrespective of the date on which the application was made. The Member State responsible for the examination of an application for international protection submitted before that date shall be determined in accordance with the criteria set out in Regulation (EC) No 343/2003.
References in this Regulation to Regulation (EU) No 603/2013, Directive 2013/32/EU and Directive 2013/33/EU shall be construed, until the dates of their application, as references to Regulation (EC) No 2725/2000 ( 4 ), Directive 2003/9/EC ( 5 ) and Directive 2005/85/EC ( 6 ) respectively.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
Repealed Regulations (referred to in Article 48)
Council Regulation (EC) No 343/2003
(OJ L 50, 25.2.2003, p. 1)
Commission Regulation (EC) No 1560/2003 only Articles 11(1), 13, 14 and 17
(OJ L 222, 5.9.2003, p. 3)
ANNEX II
Correlation table
Regulation (EC) No 343/2003 |
This Regulation |
Article 1 |
Article 1 |
Article 2(a) |
Article 2(a) |
Article 2(b) |
— |
Article 2(c) |
Article 2(b) |
Article 2(d) |
Article 2(c) |
Article 2(e) |
Article 2(d) |
Article 2(f) |
Article 2(e) |
Article 2(g) |
Article 2(f) |
— |
Article 2(h) |
— |
Article 2(i) |
Article 2(h) |
Article 2(j) |
Article 2(i) |
Article 2(g) |
— |
Article 2(k) |
Article 2(j) and (k) |
Article 2(l) and (m) |
— |
Article 2(n) |
Article 3(1) |
Article 3(1) |
Article 3(2) |
Article 17(1) |
Article 3(3) |
Article 3(3) |
Article 3(4) |
Article 4(1), introductory wording |
— |
Article 4(1)(a) to (f) |
— |
Article 4(2) and (3) |
Article 4(1) to (5) |
Article 20(1) to (5) |
— |
Article 20(5), third subparagraph |
— |
Article 5 |
— |
Article 6 |
Article 5(1) |
Article 7(1) |
Article 5(2) |
Article 7(2) |
— |
Article 7(3) |
Article 6, first paragraph |
Article 8(1) |
— |
Article 8(3) |
Article 6, second paragraph |
Article 8(4) |
Article 7 |
Article 9 |
Article 8 |
Article 10 |
Article 9 |
Article 12 |
Article 10 |
Article 13 |
Article 11 |
Article 14 |
Article 12 |
Article 15 |
— |
Article 16 |
Article 13 |
Article 3(2) |
Article 14 |
Article 11 |
Article 15(1) |
Article 17(2), first subparagraph |
Article 15(2) |
Article 16(1) |
Article 15(3) |
Article 8(2) |
Article 15(4) |
Article 17(2), fourth subparagraph |
Article 15(5) |
Articles 8(5) and (6) and Article 16(2) |
Article 16(1)(a) |
Article 18(1)(a) |
Article 16(1)(b) |
Article 18(2) |
Article 16(1)(c) |
Article 18(1)(b) |
Article 16(1)(d) |
Article 18(1)(c) |
Article 16(1)(e) |
Article 18(1)(d) |
Article 16(2) |
Article 19(1) |
Article 16(3) |
Article 19(2), first subparagraph |
— |
Article 19(2), second subparagraph |
Article 16(4) |
Article 19(3) |
— |
Article 19(3), second subparagraph |
Article 17 |
Article 21 |
Article 18 |
Article 22 |
Article 19(1) |
Article 26(1) |
Article 19(2) |
Article 26(2) and Article 27(1) |
— |
Article 27(2) to (6) |
Article 19(3) |
Article 29(1) |
Article 19(4) |
Article 29(2) |
— |
Article 29(3) |
Article 19(5) |
Article 29(4) |
Article 20(1), introductory wording |
Article 23(1) |
— |
Article 23(2) |
— |
Article 23(3) |
— |
Article 23(4) |
Article 20(1)(a) |
Article 23(5), first subparagraph |
— |
Article 24 |
Article 20(1)(b) |
Article 25(1) |
Article 20(1)(c) |
Article 25(2) |
Article 20(1)(d) |
Article 29(1), first subparagraph |
Article 20(1)(e) |
Article 26(1), (2), Article 27(1), Article 29(1), second and third subparagraphs |
Article 20(2) |
Article 29(2) |
Article 20(3) |
Article 23(5), second subparagraph |
Article 20(4) |
Article 29(4) |
— |
Article 28 |
— |
Article 30 |
— |
Article 31 |
— |
Article 32 |
— |
Article 33 |
Article 21(1) to (9) |
Article 34(1) to (9), first to third subparagraphs |
— |
Article 34(9), fourth subparagraph |
Article 21(10) to (12) |
Article 34(10) to (12) |
Article 22(1) |
Article 35(1) |
— |
Article 35(2) |
— |
Article 35(3) |
Article 22(2) |
Article 35(4) |
Article 23 |
Article 36 |
— |
Article 37 |
— |
Article 40 |
Article 24(1) |
— |
Article 24(2) |
Article 41 |
Article 24(3) |
— |
Article 25(1) |
Article 42 |
Article 25(2) |
— |
Article 26 |
Article 43 |
Article 27(1), (2) |
Article 44(1), (2) |
Article 27(3) |
— |
— |
Article 45 |
Article 28 |
Article 46 |
— |
Article 47 |
— |
Article 48 |
Article 29 |
Article 49 |
Regulation (EC) No 1560/2003 |
This Regulation |
Article 11(1) |
— |
Article 13(1) |
Article 17(2), first subparagraph |
Article 13(2) |
Article 17(2), second subparagraph |
Article 13(3) |
Article 17(2), third subparagraph |
Article 13(4) |
Article 17(2), first subparagraph |
Article 14 |
Article 37 |
Article 17(1) |
Articles 9, 10, 17(2), first subparagraph |
Article 17(2) |
Article 34(3) |
STATEMENT BY THE COUNCIL, THE EUROPEAN PARLIAMENT AND THE COMMISSION
The Council and the European Parliament invite the Commission to consider, without prejudice to its right of initiative, a revision of Article 8(4) of the Recast of the Dublin Regulation once the Court of Justice rules on case C-648/11 MA and Others vs. Secretary of State for the Home Department and at the latest by the time limits set in Article 46 of the Dublin Regulation. The European Parliament and the Council will then both exercise their legislative competences, taking into account the best interests of the child.
The Commission, in a spirit of compromise and in order to ensure the immediate adoption of the proposal, accepts to consider this invitation, which it understands as being limited to these specific circumstances and not creating a precedent.
( 1 ) OJ L 243, 15.9.2009, p. 1.
( 2 ) OJ L 348, 24.12.2008, p. 98.
( 3 ) OJ L 199, 31.7.2007, p. 23.
( 4 ) 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).
( 5 ) Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ L 31, 6.2.2003, p. 18).
( 6 ) Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures for granting and withdrawing refugee status (OJ L 326, 13.12.2005, p. 13).