Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU

• CELEX: Regulation (EU) 2024/1348
• Articles: 80

Article 1 Subject matter

This Regulation establishes a common procedure for granting and withdrawing international protection pursuant to Regulation (EU) 2024/1347.

Article 2 Scope

1.   This Regulation applies to all applications for international protection made in the territory of the Member States, including at the external border, on the territorial sea or in the transit zones of the Member States, and to the withdrawal of international protection.

2.   This Regulation does not apply to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of Member States.

3.   Member States may decide to apply this Regulation to applications for protection to which Regulation (EU) 2024/1347 does not apply.

Article 3 Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person who, being outside of the country of former habitual residence for the same reasons as mentioned, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 of Regulation (EU) 2024/1347 does not apply;

(2)

‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that that person, if returned to his or her country of origin or, in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15 of Regulation (EU) 2024/1347, and to whom Article 17(1) and (2) of that Regulation does not apply, and is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country;

(3)

‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee in accordance with Regulation (EU) 2024/1347;

(4)

‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection in accordance with Regulation (EU) 2024/1347;

(5)

‘international protection’ means refugee status or subsidiary protection status;

(6)

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

(7)

‘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 practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States;

(8)

‘final decision’ means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status pursuant to Regulation (EU) 2024/1347, including a decision rejecting the application as inadmissible or a decision rejecting an application as implicitly or explicitly withdrawn, which is no longer subject to a remedy under the framework of Chapter V of this Regulation or has become final in accordance with national law, irrespective of whether the applicant has the right to remain in accordance with this Regulation;

(9)

‘examination of an application for international protection’ means an examination of the admissibility or the merits of an application for international protection in accordance with this Regulation and Regulation (EU) 2024/1347;

(10)

‘biometric data’ means biometric data as defined in Article 2, point (s), of Regulation (EU) 2024/1358;

(11)

‘adequate capacity’ means the capacity required at any given moment to carry out the asylum border procedure, and the return border procedure established pursuant to Regulation (EU) 2024/1349 or, where applicable, an equivalent return border procedure established under national law;

(12)

‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status;

(13)

‘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;

(14)

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

(15)

‘stateless person’ means a person who is not considered to be a national by any State under the operation of its law;

(16)

‘determining authority’ means any quasi-judicial or administrative body in a Member State responsible for examining applications for international protection and competent to take decisions under the administrative procedure;

(17)

‘withdrawal of international protection’ means a decision by a determining authority or a competent court or tribunal to revoke or end, including by refusing to renew, international protection, in accordance with Regulation (EU) 2024/1347;

(18)

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

(19)

‘subsequent application’ means a further application for international protection made in any Member State after a final decision has been taken on a previous application, including cases in which the application has been rejected as explicitly or implicitly withdrawn;

(20)

‘Member State responsible’ means the Member State responsible for the examination of an application in accordance with Regulation (EU) 2024/1351.

Article 4 Competent authorities

1.   Each Member State shall designate in accordance with national law a determining authority to carry out the tasks conferred on it pursuant to this Regulation and Regulation (EU) 2024/1347, in particular:

(a)

receiving and examining applications for international protection;

(b)

taking decisions on applications for international protection;

(c)

taking decisions on the withdrawal of international protection.

The determining authority shall be the only authority, during the administrative procedure, with the power to decide on the admissibility and the merits of an application for international protection.

2.   Without prejudice to paragraph 1, Member States shall entrust other relevant national authorities with the task of receiving applications for international protection as well as informing applicants as to where and how to lodge an application in accordance with Article 28. Those other national authorities shall, at least, include the police, immigration authorities, border guards and the authorities responsible for detention facilities or reception facilities.

3.   Each Member State shall designate a competent authority to register applications for international protection. Member States may entrust the determining authority or other relevant authorities with the task of registering applications for international protection.

4.   Where an application is received by an authority without the power to register it, that authority shall promptly inform the authority responsible for registering applications and that application shall be registered in accordance with Article 27. The authority responsible for receiving the application shall also inform the applicant for international protection which authority is responsible for registering the application.

5.   For the purposes of paragraphs 2 and 3, by 12 June 2026, each Member State shall notify the Commission of the authorities it has designated to carry out the tasks referred to in those paragraphs, specifying the tasks assigned to them. Any changes in the identification of these authorities shall be notified to the Commission immediately.

6.   Member States may provide that an authority other than the determining authority is to be responsible for the procedure for determining the Member State responsible in accordance with Regulation (EU) 2024/1351.

7.   Each Member State shall provide the determining authority and the other competent authorities designated pursuant to this Article with appropriate means, including sufficient competent staff to carry out their tasks under this Regulation.

8.   Member States shall ensure that the staff of the competent authorities applying this Regulation have the appropriate knowledge and have received training, including the relevant training under Article 8 of Regulation (EU) 2021/2303, and guidance to fulfil their obligations when applying this Regulation.

Article 5 Assistance to competent authorities

Without prejudice to Article 4(7) and (8), at the request of the Member State, competent authorities identified under Article 4 may, for the purpose of receiving and registering applications for international protection and of facilitating the examination of applications, including with regard to the personal interview, be assisted by:

(a)

experts deployed by the European Union Agency for Asylum (the ‘Asylum Agency’) in accordance with Regulation (EU) 2021/2303; and

(b)

the competent authorities of another Member State that have been entrusted by that Member State with the task of receiving, registering or examining applications for international protection.

Competent authorities designated pursuant to Article 4 may assist the authorities of another Member State only for the tasks with which they have been entrusted by their Member State.

The competence to decide on individual applications for international protection shall remain solely with the determining authority of the Member State responsible.

Article 6 The role of the United Nations High Commissioner for Refugees

1.   Member States shall allow the United Nations High Commissioner for Refugees to:

(a)

have access to applicants, including those in reception centres, in detention, at the border and in transit zones;

(b)

have access to information on individual applications for international protection, on the course of the procedure and on the decisions taken, subject to the consent of the applicant;

(c)

present its views, in the exercise of its supervisory responsibilities under Article 35 of the Convention of 28 July 1951 Relating to the Status of Refugees, as supplemented by the New York Protocol of 31 January 1967 (the ‘Geneva Convention’), to any competent authorities regarding individual applications for international protection at any stage of the procedure.

2.   Paragraph 1 shall also apply to an organisation which is working on the territory of the Member State concerned on behalf of the United Nations High Commissioner for Refugees pursuant to an agreement with that Member State.

Article 7 Confidentiality principle

1.   The authorities applying this Regulation shall be bound by the principle of confidentiality in relation to any personal information they acquire in the performance of their duties, including any exchange of information in accordance with Union or national law which is relevant for the application of this Regulation between authorities of the Member States.

2.   Throughout the procedure for international protection and after a final decision on the application has been taken, the authorities shall not:

(a)

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

(b)

obtain any information from the alleged actors of persecution or serious harm in a manner that would result in such actors being informed of the fact that an application has been made by the applicant in question.

Article 8 General guarantees for applicants

1.   During the administrative procedure referred to in Chapter III applicants shall enjoy the guarantees set out in paragraphs 2 to 6 of this Article.

2.   The determining authority or, where applicable, other competent authorities or organisations tasked by Member States for that purpose shall inform applicants, in a language which they understand or are reasonably supposed to understand, of the following:

(a)

the right to lodge an individual application;

(b)

the time limits and stages of the procedure to be followed;

(c)

their rights and obligations during the procedure, including those under Regulation (EU) 2024/1351, and the consequences of not complying with those obligations, in particular as regards the explicit or implicit withdrawal of an application;

(d)

the right to free legal counselling for the lodging of the individual application and to legal assistance and representation at all stages of the procedure pursuant to Section III of this Chapter and in accordance with Articles 15, 16, 17, 18 and 19;

(e)

the means by which they can fulfil the obligation to submit the elements as referred to in Article 4 of Regulation (EU) 2024/1347;

(f)

the decision of the determining authority in accordance with Article 36.

All the information referred to in this paragraph shall be provided as soon as possible to enable applicants to exercise the rights guaranteed in this Regulation and to enable them to adequately comply with the obligations set out in Article 9. The information referred to in the first subparagraph, points (a) to (e), of this paragraph shall be provided to the applicant at the latest when the application for international protection is registered. That information shall be provided by means of the leaflet referred to in paragraph 7, either physically or electronically, and, if necessary, orally. Information shall be provided to minors in a child-friendly manner and with the involvement of the representative or the person referred to in Article 23(2), point (a), of this Regulation.

The applicant shall be given the opportunity to confirm that he or she has received the information. Such confirmation shall be documented in the applicant’s file. If the applicant refuses to confirm that he or she has received the information, a note of that fact shall be entered in his or her file.

3.   During the administrative procedure, applicants shall be provided with the services of an interpreter for the purpose of registering and lodging an application and, where applicable, for the personal interview, whenever appropriate communication cannot be otherwise ensured. The interpretation services shall be paid for from public funds.

4.   The competent authorities shall provide applicants as soon as possible and before the deadline for lodging an application in accordance with Article 28(1), with the opportunity to communicate with the United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law.

5.   The determining authority shall ensure that applicants and, where applicable, their representatives or legal advisers or other counsellors admitted or permitted as such under national law to provide legal advice (‘legal advisers’) have access to the information referred to in Article 34(2), points (b) and (c), that is required for the examination of applications and to the information provided by the experts referred to in Article 34(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.

6.   The determining authority shall give applicants notice in writing as soon as possible of the decision taken on their application. Where a representative or legal adviser legally represents the applicant, the determining authority may give notice of the decision to that representative or legal adviser instead of to the applicant.

7.   The Asylum Agency shall, in close cooperation with the Commission and each Member State, draw up leaflets containing the information required by this Article. Those leaflets shall be drawn up in such a manner so as to enable Member States to complete them with additional information specific to the Member State concerned and shall take into account the specificities of vulnerable applicants such as minors or disabled persons.

Article 9 Obligations of applicants

1.   The applicant shall make his or her application in the Member State provided for in Article 17(1) and (2) of Regulation (EU) 2024/1351.

2.   The applicant shall fully cooperate with the competent authorities referred to in Article 4 in matters covered by this Regulation, in particular by:

(a)

providing the data referred to in Article 27(1), points (a),(b) and (d);

(b)

providing an explanation where he or she is not in possession of an identity or travel document;

(c)

providing information on any changes as regards his or her place of residence, address, telephone number or email address;

(d)

providing biometric data;

(e)

lodging his or her application in accordance with Article 28 and remaining available throughout the procedure;

(f)

handing over as soon as possible documents in his or her possession relevant to the examination of the application;

(g)

attending the personal interview, without prejudice to Article 13;

(h)

remaining on the territory of the Member State where he or she is required to be present, in accordance with Article 17(4) of Regulation (EU) 2024/1351.

Where the competent authorities decide to retain any document as referred to in point (f) of the first subparagraph, they shall ensure that the applicant immediately receives copies of the originals. In the event of a transfer pursuant to Article 46 of Regulation (EU) 2024/1351, competent authorities shall hand back such documents to the applicant at the time of the transfer.

3.   The applicant shall accept any communication from the competent authorities at the most recent place of residence or address, by the telephone number or email address indicated by himself or herself to the competent authorities, in particular when he or she lodges an application in accordance with Article 28.

Member States shall establish in national law the method of communication and the moment that the communication is considered to have been received by the applicant.

4.   The applicant shall comply with obligations to report to the competent authorities at a specified time or at reasonable intervals or to remain in a designated geographical area on its territory in accordance with Directive (EU) 2024/1346, as imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) 2024/1351.

5.   Without prejudice to any search carried out for security reasons, where it is necessary and duly justified for the examination of an application, the competent authorities may require that the applicant be searched or that his or her items be searched in accordance with national law. The competent authority shall provide the applicant with the reasons for the search and include them in the applicant’s file. Any search of the applicant’s person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.

Article 10 Right to remain during the administrative procedure

1.   Applicants shall have the right to remain on the territory of the Member State in which they are required to be present in accordance with Article 17(4) of Regulation (EU) 2024/1351 until the determining authority has taken a decision on the application in the administrative procedure provided for in Chapter III.

2.   The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without a travel document as provided for in Article 6(3) of Directive (EU) 2024/1346.

3.   The applicant shall not have the right to remain on the territory of the Member State concerned during the administrative procedure where the person is subject to a surrender to another Member State pursuant to obligations in accordance with a European arrest warrant issued in accordance with Council Framework Decision 2002/584/JHA  ( 21 ) .

4.   Member States may provide for an exception to the applicant’s right to remain on their territory during the administrative procedure where that applicant:

(a)

makes a subsequent application in accordance with Article 55 and the conditions laid down in Article 56 have been fulfilled;

(b)

is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or another international court or tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order;

(c)

is a danger to public order or national security, without prejudice to Article 12 and 17 of the Regulation (EU) 2024/1347, provided that applying such an exception does not result in the applicant being removed to a third country in violation of the principle of non-refoulement.

5.   A Member State may extradite, surrender or transfer an applicant to a third country or an international court or tribunal as referred to in paragraph 4, point (b), only where the competent authority considers that such a decision to extradite, surrender or transfer will not result in direct or indirect refoulement in breach of the obligations of that Member State under international and Union law.

Article 11 Admissibility interview

1.   Without prejudice to Article 38(1) and Article 55(4), before a decision is taken by the determining authority on the inadmissibility of an application in accordance with Article 38, the applicant shall be given the opportunity of a personal interview on admissibility (the ‘admissibility interview’).

2.   In the admissibility interview, the applicant shall be given an opportunity to provide reasons as to why the inadmissibility grounds provided for in Article 38 would not be applicable to him or her.

Article 12 Substantive interview

1.   Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be given the opportunity of a personal interview on the substance of his or her application (the ‘substantive interview’). The substantive interview may be conducted at the same time as the admissibility interview provided the applicant has been informed of such a possibility in advance and has been able to consult with his or her legal adviser in accordance with Article 15 or with a person entrusted with providing legal counselling in accordance with Article 16.

2.   In the substantive interview, the applicant shall be given the opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) 2024/1347, and he or she shall provide the elements referred to in Article 4(2) of that Regulation as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which might be missing or any inconsistencies or contradictions in his or her statements.

Article 13 Requirements for personal interviews

1.   Personal interviews as provided for in Articles 11 and 12 shall be conducted in accordance with the conditions established in this Regulation.

2.   Where an application for international protection is lodged in accordance with Article 31, the adult responsible referred to in that provision shall be given the opportunity of a personal interview pursuant to Articles 11 and 12. The applicant shall also be given the opportunity to participate in that interview provided that paragraph 11, point (c), of this Article does not apply.

3.   The personal interviews shall be conducted under conditions which ensure appropriate privacy and confidentiality and which allow applicants to present the grounds for their applications in a comprehensive manner.

4.   The presence of the applicant’s legal adviser at the personal interview, where the applicant has decided to avail himself or herself of legal assistance in accordance with Section III of this Chapter shall be ensured.

5.   An interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interviews.

The presence of a cultural mediator may be provided during the personal interviews.

Member States shall give preference to interpreters and cultural mediators that have received training, such as training referred to in Article 8(4), point (m), of Regulation (EU) 2021/2303.

Member States shall ensure that interpreters and cultural mediators are made aware of the key concepts and terminology relevant to the assessment of applications for international protection, for example through a standard leaflet or a guide. Communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly.

6.   Personal interviews shall be conducted by the staff of the determining authority.

Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to conduct timely personal interviews of each applicant, the determining authority may be assisted temporarily by the staff of other authorities of that Member State who shall receive in advance the relevant training which shall include the elements listed in Article 8 of Regulation (EU) 2021/2303 to conduct such interviews or by the Asylum Agency in accordance with Article 5.

7.   The person conducting the interview shall:

(a)

be competent to take account of the personal and general circumstances surrounding the application, including the situation prevailing in the applicant’s country of origin, and the applicant’s cultural origin, age, gender, gender identity, sexual orientation, vulnerability and special procedural needs;

(b)

not wear a military or law enforcement uniform.

8.   Staff interviewing applicants, including experts deployed by the Asylum Agency, shall have:

(a)

acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person may have been tortured in the past or a victim of trafficking in human beings;

(b)

received, in advance, training that includes relevant elements from those listed in Article 8(4) of Regulation (EU) 2021/2303.

9.   Where requested by the applicant and where possible, the determining authority shall ensure that the interviewers and interpreters are of the sex that the applicant prefers, unless it has reasons to consider that such a request does not relate to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.

10.   By way of derogation, the determining authority may hold the personal interview by video conference where duly justified by the circumstances.

In such a case, the determining authority shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, legal assistance and interpretation taking into account guidance from the Asylum Agency.

11.   The admissibility interview or the substantive interview, as applicable, may be omitted where:

(a)

the determining authority is able to take a positive decision with regard to the refugee status or the subsidiary protection status on the basis of the evidence available, provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law;

(b)

the determining authority considers that the application is not inadmissible on the basis of the evidence available;

(c)

the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his or her control;

(d)

in the case of a subsequent application, the preliminary examination referred to in Article 55(4) is carried out on the basis of a written statement;

(e)

the determining authority considers the application inadmissible pursuant to Article 38(1), point (c).

The omission of a personal interview pursuant to point (c) of the first subparagraph shall not adversely affect the decision of the determining authority. Where the personal interview is omitted pursuant to that point, the determining authority shall give the applicant an effective opportunity to submit further information in writing.

When in doubt as to the fitness or ability of the applicant to be interviewed, the determining authority shall consult a medical professional to establish whether the applicant is temporarily unfit or unable to be interviewed or whether his or her situation is of an enduring nature. Where, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit or able to be interviewed.

Where the applicant is unable to attend the personal interview owing to specific circumstances beyond his or her control, the determining authority shall reschedule the personal interview

12.   Applicants shall be present at the personal interview and shall be required to respond in person to the questions asked.

13.   An applicant shall be allowed to be assisted by a legal adviser in the personal interview, including when it is held by video conference.

The absence of the legal adviser shall not prevent the determining authority from conducting the interview.

Member States may stipulate in national law that, where a legal adviser participates in the personal interview, the legal adviser may only intervene at the end of the personal interview.

14.   Without prejudice to Articles 11(1) and 12(1) and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on the application for international protection.

Article 14 Report and recording of personal interviews

1.   The determining authority or any other authority or experts assisting it in accordance with Article 5 and Article 13(6) with conducting the personal interviews shall make a thorough and factual report containing all the main elements of the personal interview, or a transcript of the interview or a transcript of the recording of such an interview, to be included in the applicant’s file.

2.   The personal interviews shall be recorded using audio means of recording. The applicant shall be informed in advance of the fact that such a recording is being made and the purpose thereof. Particular attention shall be paid to the requirements of applicants in need of special procedural guarantees. The determining authority shall include the recording in the applicant’s file.

3.   The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report, the transcript of the interview or the transcript of the recording, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report, of the transcript of the interview or of the transcript of the recording, with the assistance of an interpreter, where necessary.

4.   The applicant shall be requested to confirm that the content of the report or the transcript of the interview correctly reflects the personal interview. Where the applicant refuses to confirm the content, the reasons for that refusal shall be entered in the applicant’s file. That refusal shall not prevent the determining authority from taking a decision on the application. Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail.

5.   The applicant does not have to be requested to make comments or to provide clarifications on the report or the transcript of the interview, nor to confirm that the content of the report or the transcript of the interview correctly reflects the interview where:

(a)

under national law, the recording or a transcript thereof may be admitted as evidence in the appeal procedure, or

(b)

it is clear to the determining authority that the applicant will be granted refugee status or subsidiary protection status provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law.

6.   Applicants and, where they have been appointed, their representatives and their legal advisers shall have access to the report or transcripts referred to in paragraph 1 as soon as possible after the interview and in any case in due time before the determining authority takes a decision,.

Access to the recording shall also be provided in the appeal procedure.

Article 15 Right to legal counselling and legal assistance and representation

1.   Applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor on matters relating to their applications at all stages of the procedure.

2.   Without prejudice to the applicant’s right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal counselling in the administrative procedure provided for in Chapter III, in accordance with Article 16, and free legal assistance and representation in the appeal procedure provided for in Chapter V, in accordance with Article 17.

The applicant shall be informed as soon as possible and at the latest when registering the application in accordance with Article 27 of his or her right to request free legal counselling or free legal assistance and representation.

3.   Member States may provide for free legal assistance and representation in the administrative procedure in accordance with national law.

4.   Member States may organise the provision of legal counselling and legal assistance and representation in accordance with their national systems.

Article 16 Free legal counselling in the administrative procedure

1.   Member States shall, at the request of the applicant, provide free legal counselling in the administrative procedure provided for in Chapter III.

For the purposes of the first subparagraph, effective access to free legal counselling may be assured by entrusting a person with the provision of legal counselling in the administrative stage of the procedure to several applicants at the same time.

2.   For the purposes of the administrative procedure, free legal counselling shall include the provision of:

(a)

guidance on and an explanation of the administrative procedure including information on rights and obligations during that procedure;

(b)

assistance on the lodging of the application and guidance on:

(i)

the different procedures under which the application may be examined and the reasons for the application of those procedures;

(ii)

the rules related to the admissibility of an application;

(iii)

legal issues arising in the course of the procedure, including information on how to challenge a decision rejecting an application in accordance with Articles 67, 68 and 69.

3.   Without prejudice to paragraph 1, the provision of free legal counselling in the administrative procedure may be excluded where:

(a)

the application is a first subsequent application considered to have been lodged merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State;

(b)

the application is a second or further subsequent application;

(c)

the applicant is already assisted and represented by a legal adviser.

4.   For the purpose of implementing this Article, Member States may request the assistance of the Asylum Agency. In addition, financial support may be provided through Union funds to the Member States, in accordance with the legal acts governing such funds.

Article 17 Free legal assistance and representation in the appeal procedure

1.   In the appeal procedure, Member States shall, at the request of the applicant, ensure that he or she is provided with free legal assistance and representation. Such free legal assistance and representation shall include the preparation of the procedural documents required under national law, the preparation of the appeal and, in the event of a hearing, participation in that hearing before a court or tribunal.

2.   The provision of free legal assistance and representation in the appeal procedure may be excluded by the Member States where:

(a)

the applicant, who shall disclose his or her financial situation, is considered to have sufficient resources to afford legal assistance and representation at his or her own cost;

(b)

it is considered that the appeal has no tangible prospect of success or is abusive;

(c)

the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal;

(d)

the applicant is already assisted or represented by a legal adviser.

3.   Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the grounds that the appeal is considered to have no tangible prospect of success or to be abusive, the applicant shall have the right to an effective remedy before a court or tribunal against that decision. For that purpose, the applicant shall be entitled to request free legal assistance and representation.

Article 18 Scope of legal counselling and legal assistance and representation

1.   A legal adviser who legally represents an applicant under the terms of national law shall be granted access to the information in the applicant’s file on the basis of which a decision is or shall be taken.

2.   Access to the information or to the sources in the applicant’s file may be denied in accordance with national law where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised or where the information or sources are classified under national law. In those cases, the determining authority shall:

(a)

make access to such information or sources available to the courts or tribunals in the appeal procedure; and

(b)

ensure that the applicant’s right of defence is respected.

As regards point (b) of the first subparagraph, Member States shall grant access to information or sources to a legal adviser who legally represents the applicant and who has undergone a security check, in so far as the information is relevant for examining the application or for taking a decision to withdraw international protection.

3.   The applicant’s legal adviser or the person entrusted with providing legal counselling, who counsels, assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of counselling, assisting or representing that applicant, in accordance with Directive (EU) 2024/1346.

Article 19 Conditions for the provision of free legal counselling, assistance and representation

1.   Free legal counselling, assistance and representation shall be provided by legal advisers or other counsellors, admitted or permitted under national law to counsel, assist or represent the applicants or by non-governmental organisations accredited under national law to provide legal services or representation to applicants.

2.   Member States shall lay down specific procedural rules concerning the arrangements for filing and processing requests for the provision of free legal counselling, assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules are not more restrictive or do not render access to free legal counselling or free legal assistance and representation impossible or excessively difficult.

3.   Member States shall lay down specific rules concerning the exclusion of the provision of free legal counselling, assistance and representation in accordance with Article 16(3) and Article 17(2), respectively.

4.   Member States may also impose monetary limits or time limits on the provision of free legal counselling, assistance and representation, provided that such limits are not arbitrary and do not unduly restrict access to free legal counselling, assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

5.   Member States may request from the applicant the total or partial reimbursement of the costs incurred in relation to the provision of legal assistance and representation where the applicant’s financial situation considerably improves in the course of the procedure or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the applicant. For that purpose, applicants shall immediately inform the competent authorities of any significant change in their financial situation.

Article 20 Assessment of the need for special procedural guarantees

1.   The competent authorities shall individually assess whether the applicant is in need of special procedural guarantees, with the assistance of an interpreter, where needed. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 25 of Directive (EU) 2024/1346 and need not take the form of an administrative procedure. Where required by national law, the assessment may be made available, and the results of the assessment may be transmitted, to the determining authority, subject to the applicant’s consent.

2.   The assessment referred to in paragraph 1 shall be initiated as early as possible after an application is made by identifying whether an applicant presents first indications that he or she might require special procedural guarantees. That identification shall be based on visible signs, the applicant’s statements or behaviour, or any relevant documents. In the case of minors, statements of the parents, of the adult responsible for him or her whether by the law or practice of the Member State concerned or of the representative of the applicant shall also be taken into account. The competent authorities shall, when registering the application, include information on any such first indications in the applicant’s file, and they shall make that information available to the determining authority.

3.   The assessment referred to in paragraph 1 shall be continued after the application is lodged, taking into account any information in the applicant’s file.

The assessment referred to in paragraph 1 shall be concluded as soon as possible and, in any event, within 30 days. It shall be reviewed in the event of any relevant changes in the applicant's circumstances or where the need for special procedural guarantees becomes apparent after the assessment has been completed.

4.   The competent authority may refer the applicant, subject to his or her prior consent, to the appropriate medical practitioner or psychologist or to another professional for advice on the applicant’s need for special procedural guarantees, prioritising cases where there are indications that applicants might have been victims of torture, rape or another serious form of psychological, physical, sexual or gender-based violence and that that could adversely affect their ability to participate effectively in the procedure. Where the applicant consents to be referred in accordance with this subparagraph, such consent shall be deemed to include consent to the transmission of the results of the referral to the competent authority.

The advice provided pursuant to the first subparagraph shall be taken into account by the determining authority when deciding on the type of special procedural guarantees which can be provided to the applicant.

Where applicable and without prejudice to the medical examination, the assessment referred to in paragraph 1 may be integrated with the medical examinations referred to in Articles 24 and 25.

5.   The relevant staff of the competent authorities and any medical practitioner, psychologist or other professional giving advice on the need for special procedural guarantees shall receive training to enable them to detect signs of vulnerability on the part of an applicant who might need special procedural guarantees and address those needs when identified.

Article 21 Applicants in need of special procedural guarantees

1.   Where applicants have been identified as being in need of special procedural guarantees, they shall be provided with the necessary support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.

2.   Where the determining authority, including on the basis of the assessment of another relevant national authority, considers that the necessary support referred to in paragraph 1 of this Article cannot be provided within the framework of the accelerated examination procedure referred to in Article 42 or the border procedure referred to in Article 43, paying particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply or shall cease to apply those procedures to the applicant.

Article 22 Guarantees for minors

1.   The best interests of the child shall be a primary consideration for the competent authorities when applying this Regulation.

2.   The determining authority shall assess the best interests of the child in accordance with Article 26 of Directive (EU) 2024/1346.

3.   The determining authority shall give a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 32 and Article 33(1), unless this is not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to give a minor the opportunity of a personal interview.

The personal interview of a minor shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors. It shall be conducted in a child-sensitive and context-appropriate manner, taking into consideration the age and maturity of the child.

4.   Where a minor is accompanied, the personal interview shall be conducted in the presence of an adult responsible for him or her whether by the law or practice of the Member State concerned and, where one has been appointed, of a legal adviser. Member States may also, where necessary and when it is in the best interests of the child, conduct the personal interview with that minor in the presence of a person with necessary skills and expertise. On justified grounds and only where it is in the best interests of the child, the determining authority may interview the minor without the presence of an adult responsible, provided that it ensures that the minor is assisted during the interview by a person with necessary skills and expertise in order to safeguard his or her best interests.

5.   The decision on the application of a minor shall be prepared by the relevant staff of the determining authority. Those relevant staff shall have the necessary knowledge and have received the appropriate training on the rights and special needs of minors.

Article 23 Special guarantees for unaccompanied minors

1.   The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from the rights and comply with the obligations under this Regulation, Regulation (EU) 2024/1351, Directive (EU) 2024/1346 and Regulation (EU) 2024/1358.

2.   Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that he or she is a minor, who is unaccompanied, the competent authorities shall:

(a)

designate as soon as possible and in any case in a timely manner for the purposes of paragraph 6 and, where applicable, paragraph 7, a person with the necessary skills and expertise to provisionally assist the minor in order to safeguard his or her best interests and general well-being which enables the minor to benefit from the rights under this Regulation and, where applicable, act as a representative until a representative has been appointed;

(b)

appoint a representative as soon as possible and no later than 15 working days from the date on which the application is made.

The representative and the person referred to in the first subparagraph, point (a), of this paragraph may be the same as that provided for in Article 27 of Directive (EU) 2024/1346. He or she shall meet with the unaccompanied minor and take into account the minor’s own views about his or her needs in accordance with the age and maturity of the minor.

Where the competent authority has concluded that an applicant who claims to be a minor is without any doubt above the age of 18 years, it need not appoint a representative in accordance with this paragraph.

The duties of the representative or the person referred to in the first subparagraph, point (a), of this paragraph shall cease where the competent authorities, following the age assessment referred to in Article 25(1), do not assume that the applicant is a minor or consider that the applicant is not a minor or where the applicant is no longer an unaccompanied minor.

3.   In the event of a disproportionate number of applications made by unaccompanied minors or in other exceptional situations, the time limit for appointing a representative as referred to paragraph 2, first subparagraph, point (b), may be extended by ten working days, without prejudice to paragraph 2, third subparagraph.

4.   Where an organisation is designated under paragraph 2, it shall appoint a natural person to carry out the tasks referred to in this Article in respect of the unaccompanied minor.

5.   The competent authority shall immediately inform:

(a)

the unaccompanied minor, in a child-friendly manner and in a language he or she can understand, of the designation of the person referred to in paragraph 2, first subparagraph, point (a), and of his or her representative and about how to lodge a complaint against the person referred to in paragraph 2, first subparagraph, point (a) or (b), in confidence and safety;

(b)

the determining authority and the competent authority for registering the application, where applicable, that a representative has been appointed for the unaccompanied minor; and

(c)

the person referred to in paragraph 2, first subparagraph, point (a), and the representative of the relevant facts, procedural steps and time limits pertaining to the application of the unaccompanied minor.

The representative and the person referred to in paragraph 2, first subparagraph, point (a), shall have access to the content of the relevant documents in the minor’s file including the specific information material for unaccompanied minors.

6.   The person referred to in paragraph 2, first subparagraph, point (a), shall meet with the unaccompanied minor and carry out, inter alia, the following tasks, where appropriate together with the legal adviser:

(a)

provide the unaccompanied minor with relevant information in relation to the procedures provided for in this Regulation;

(b)

where applicable, assist the unaccompanied minor in relation to the age-assessment procedure referred to in Article 25;

(c)

where applicable, provide the unaccompanied minor with the relevant information and assist him or her in relation to the procedures provided for in Regulations (EU) 2024/1351 and (EU) 2024/1358.

7.   For as long as a representative has not been appointed, Member States may authorise the person referred to in paragraph 2, first subparagraph, point (a), to assist the minor with the registration and lodging of the application or lodge the application on behalf of the minor in accordance with Article 33.

8.   The representative shall meet with the unaccompanied minor and shall carry out, inter alia, the following tasks, where appropriate together with the legal adviser:

(a)

where applicable, provide the unaccompanied minor with relevant information in relation to the procedures provided for in this Regulation;

(b)

where applicable, assist with the age-assessment procedure referred to in Article 25;

(c)

where applicable, assist with the registration of the application;

(d)

where applicable, assist with the lodging of the application or lodge the application on behalf of the unaccompanied minor in accordance with Article 33;

(e)

where applicable, assist with the preparation of and be present for the personal interview and inform the unaccompanied minor about the purpose and possible consequences of the personal interview and about how to prepare for that interview;

(f)

where applicable, provide the unaccompanied minor with the relevant information and assist the unaccompanied minor in relation to the procedures provided for in Regulations (EU) 2024/1351 and (EU) 2024/1358.

In the personal interview, the representative and the legal adviser shall have an opportunity to ask questions or make comments within the framework set by the person conducting the interview.

The determining authority may require that the unaccompanied minor be present at the personal interview, even if the representative or legal adviser is present.

9.   The representative shall perform his or her duties in accordance with the principle of the best interests of the child and shall have the necessary qualifications, training and expertise. Representatives shall receive regular training for the performance of their tasks and shall not have a criminal record, in particular as regards any child-related crimes or offences.

The representative shall be changed only if the competent authorities consider that the tasks of that representative or person have not been performed adequately. Organisations or natural persons whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as representative.

10.   The competent authorities shall place a natural person acting as representative or a person suitable to provisionally act as a representative in charge of a proportionate and limited number of unaccompanied minors, and under normal circumstances, of no more than 30 unaccompanied minors at the same time, in order to ensure that he or she is able to perform his or her tasks effectively.

In the event of a disproportionate number of applications made by unaccompanied minors or in other exceptional situations, the number of unaccompanied minors per representative may be increased up to a maximum of 50 unaccompanied minors.

Member States shall ensure that there are administrative or judicial authorities or other entities responsible to supervise, on a regular basis, the proper performance of tasks by the representatives and persons designated under paragraph 2, first subparagraph, point (a), including by reviewing the criminal records of those appointed representatives and designated persons at regular intervals in order to identify potential incompatibilities with their role. Those administrative or judicial authorities or other entities shall review complaints lodged by unaccompanied minors against appointed representatives or persons designated under paragraph 2, first subparagraph, point (a).

Article 24 Medical examination

1.   Where the determining authority deems it relevant for the examination of an application for international protection, it shall, subject to the applicant’s consent, request a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm and be informed of results thereof.

2.   In the case of a minor, the medical examination shall only be carried out where the parent, the adult responsible for him or her whether by the law or practice of the Member State concerned, the representative or the person referred to in Article 23(2), point (a), and, where provided for by national law, the applicant, consent.

The medical examination shall be free of charge for the applicant and be paid for from public funds.

Where applicable, the health and vulnerability checks referred to in Article 12 of Regulation (EU) 2024/1356 may be taken into account for the medical examination referred to in this Article.

3.   Where no medical examination is carried out in accordance with paragraph 1, the determining authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm.

4.   The results of the medical examinations referred to in paragraphs 1 or 3 shall be submitted to the determining authority and to the applicant as soon as possible and shall be assessed by the determining authority along with the other elements of the application.

5.   The medical examination shall be the least invasive possible and be performed only by qualified medical professionals. It shall be performed in a way that respects the individual’s dignity.

6.   An applicant’s refusal to undergo a medical examination or a decision to undergo a medical examination on his or her own initiative, where such an examination does not take place within a suitable timeframe taking into account the availability of appointments for medical examinations in the Member State responsible, shall not prevent the determining authority from taking a decision on the application for international protection.

Article 25 Age assessment of minors

1.   Where, as a result of statements by the applicant, available documentary evidence or other relevant indications, there are doubts as to whether or not an applicant is a minor, the determining authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the applicant’s age within the framework of the examination of an application. The assessment of the age shall not be based solely on the applicant’s physical appearance or behaviour. For the purposes of the age assessment, documents that are available shall be considered genuine, unless there is evidence to the contrary, and statements by minors shall be taken into consideration.

2.   Where there are still doubts as to the age of an applicant following the multi-disciplinary assessment, medical examinations may be used as a measure of last resort to determine the applicant’s age within the framework of the examination of an application. Where the result of the age assessment referred to in this paragraph is not conclusive with regard to the applicant’s age or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

3.   Any medical examination carried out for the purposes set out in paragraph 2 shall be the least invasive possible and be performed with full respect for the individual’s dignity. They shall be carried out by medical professionals with experience and expertise in age estimation.

Where this paragraph applies, the results from the medical examination and the multi-disciplinary assessment shall be analysed together, thereby allowing for the most reliable result possible.

4.   Where medical examinations are used to assess the age of an applicant, the competent authority shall ensure that applicants, their parents, the adult responsible for him or her whether by the law or practice of the Member State concerned, their representatives or the person referred to in Article 23(2), point (a), are informed, prior to the examination of their application for international protection, and in a language that they understand and in a child-friendly and age appropriate manner, of the possibility that their age might be assessed by means of a medical examination. That shall include information on the method of examination, on possible consequences which the result of the medical examination might have for the examination of the application, and on the possibility and consequences of a refusal on the part of the applicant to undergo the medical examination. All documents relating to the medical examination shall be included in the applicant’s file.

5.   A medical examination to assess the age of applicants shall only be carried out where the applicants, their parents, the adult responsible referred to in paragraph 4 of this Article, their representative or the person referred to in Article 23(2), point (a), consent after having received the information provided for in paragraph 4 of this Article.

6.   The refusal by the applicants, their parents, the adult responsible referred to in paragraph 4 of this Article, their representative or the person referred to in Article 23(2), point (a), to have a medical examination carried out for the purposes of the age assessment shall not prevent the determining authority from taking a decision on the application for international protection. Such refusal may only be considered to be a rebuttable presumption that the applicant is not a minor.

7.   A Member State may recognise age-assessment decisions taken by other Member States where the age assessments were carried out in compliance with Union law.

Article 26 Making an application for international protection

1.   An application for international protection shall be considered to have been made when a third-country national or stateless person, including an unaccompanied minor, expresses in person to a competent authority as referred to in Article 4(1) and (2) a wish to receive international protection from a Member State.

Where officials from the competent authority have doubts as to whether a certain declaration is to be construed as an application for international protection, they shall ask the person expressly whether he or she wishes to receive international protection.

2.   The authorities responsible for the reception facilities in accordance with the Directive (EU) 2024/1346 shall, where relevant, be informed that an application has been made. For third-country nationals subject to the screening referred to in Article 5(1) of Regulation (EU) 2024/1356, Member States may choose to apply this paragraph after the screening has ended.

Article 27 Registering applications for international protection

1.   Without prejudice to the obligations to collect and transmit data in accordance with Article 15(1) Regulation (EU) 2024/1358, the authorities competent for registering applications, the authorities of another Member State referred to in Article 5(1), point (b) of this Regulation or the experts deployed by the Asylum Agency which assist them with that task shall register an application promptly and, in any event, no later than five days from when it is made. For that purpose, they shall register the following information, which may come from the screening form referred to in Article 17 of Regulation (EU) 2024/1356:

(a)

the applicant’s name, date and place of birth, gender, nationalities or the fact that the applicant is stateless, family members as defined in Article 2, point (8), of Regulation (EU) 2024/1351 and, in the case of minors, siblings or relatives as defined in Article 2, point (9), of that Regulation present in a Member State, where applicable, and other personal details of the applicant relevant for the procedure for international protection and for the determination of the Member State responsible;

(b)

where available, the type, number and period of validity of any identity or travel document of the applicant and the country that issued that document and other documents provided by the applicant which the competent authority deems relevant for the purposes of identifying him or her, for the procedure for international protection and for the determination of the Member State responsible;

(c)

the date of the application, the place where the application was made and the authority to which the application was made;

(d)

the applicant’s location or the applicant’s place of residence or address and, where available, a telephone number and an email address where the applicant can be reached.

Where the data referred to in points (a) and (b) of the first subparagraph have already been obtained by the Member States before the application is made, they shall not to be requested again.

2.   Where an individual claims not to have a nationality, that fact shall be clearly registered pending the determination of whether the individual is stateless.

3.   Where an application is made to an authority entrusted with the task of receiving applications for international protection which is not responsible for registering applications, that authority shall promptly and at the latest within three working days from when the application was made inform the authority responsible for registering applications. The authority responsible for registering applications shall register the application as soon as possible and no later than five days from when it has received the information.

4.   Where the information is collected by the determining authority or by another authority assisting it for the purpose of examining the application, additional data necessary for the examination of the application may also be collected at the time of registration.

5.   Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to register applications within the deadlines provided for in paragraphs 1 and 3, the application shall be registered no later than 15 days from when it was made.

6.   Without prejudice to the right of the applicant to present new elements in support of the application, in the case of a subsequent application, where the information referred to in paragraph 1, points (a), (b) and (d), and paragraph 2 is already available to the competent authority, it may not have to collect such data.

7.   For third-country nationals subject to the screening referred to in Article 5(1) of Regulation (EU) 2024/1356, paragraphs 1 to 6 of this Article shall apply only after the screening has ended.

Article 28 Lodging an application for international protection

1.   The applicant shall lodge the application with the competent authority of the Member State where the application is made as soon as possible and no later than 21 days from when the application is registered, unless paragraph 6 of this Article applies, provided that he or she is given an effective opportunity to do so in accordance with this Article. Where the application is not lodged with the determining authority, the competent authority shall promptly inform the determining authority that an application has been lodged.

2.   Following a transfer in accordance with Article 46 of Regulation (EU) 2024/1351, the applicant shall lodge the application with the competent authorities of the Member State responsible as soon as possible and no later than 21 days from when the applicant identifies himself or herself to the competent authorities of the Member State responsible.

3.   The application shall be lodged in person at a designated date and place and, where communicated, time. The competent authorities shall communicate that date and place to the applicant. The competent authorities may communicate a time to the applicant.

Member States may provide in national law that an application is deemed to be lodged in person when the competent authority verifies that the applicant is physically present on the territory of the Member State at the time of registration or lodging of an application.

4.   By way of derogation from paragraph 3, Member States may provide in national law for the possibility for the applicant to lodge an application by means of a form, including where he or she is unable to appear in person owing to enduring serious circumstances beyond his or her control, such as imprisonment or long-term hospitalisation. The application shall be considered to have been lodged provided that the applicant submits the form within the time limit set out in paragraph 1 and provided that the competent authority concludes that the conditions under this paragraph have been met. In such cases, the time limit for the examination of the application shall start to run from the date on which the competent authority receives the form.

5.   For the purposes of the first subparagraph of paragraph 3, where a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to give each applicant an appointment within the time limit set in paragraph 1, the applicant shall be given an appointment to lodge his or her application at a date no later than two months from when the application is registered.

6.   When lodging an application, applicants are required to submit as soon as possible all the elements and documents at their disposal referred to in Article 4(2) of Regulation (EU) 2024/1347 needed for substantiating their application. After the lodging of their application, in particular at their personal interview, applicants shall be allowed to submit any additional elements relevant for its examination, until a decision under the administrative procedure is taken on their application.

Member States may set a deadline within that timeframe for submitting those additional elements with which the applicant shall endeavour to comply.

7.   Member States may organise the access to the procedure in such a way that making, registering or lodging take place at the same time. In such cases, Member States shall ensure that all applicants enjoy the guarantees provided for in Article 8(2) to (6). Where making, registering or lodging take place at the same time, applicants shall be allowed to submit all the elements and documents at their disposal referred to in Article 4(2) of Regulation (EU) 2024/1347 needed for substantiating their application during their personal interview.

In addition, applicants shall be allowed to submit any additional elements relevant for the examination of their application, until a decision under the administrative procedure is taken on their application. Member States may set a deadline within that timeframe for submitting those additional elements with which the applicant shall endeavour to comply.

Article 29 Documents provided to the applicant

1.   The competent authorities of the Member State where an application for international protection is made shall, upon registration of the application, provide the applicant with a document in his or her own name indicating that an application has been made and registered. That document shall be valid until the document referred to in paragraph 4 has been issued.

Following a transfer in accordance with Article 46 of Regulation (EU) 2024/1351, the competent authorities of the Member State responsible shall, when the applicant identifies himself or herself to them, provide the applicant with a document in his or her name indicating that an application has been made and registered and that the person has been transferred. That document shall remain valid until the document referred to in paragraph 4 has been issued.

2.   The document referred to in paragraph 1 does not have to be provided if it is possible to issue the document referred to in paragraph 4 by the time of registration.

3.   The document referred to in paragraph 1 shall be withdrawn when the document referred to in paragraph 4 is issued.

4.   The competent authorities of the Member State where the application is lodged in accordance with Article 28(1) and (2) shall, as soon as possible after the lodging of the application, issue a document including at least the following elements, to be updated as necessary:

(a)

the applicant’s name, date and place of birth, gender and nationalities or, if applicable, an indication of statelessness, a facial image of the applicant and the applicant’s signature;

(b)

the issuing authority, date and place of issue and period of validity of the document;

(c)

the status of the individual as an applicant;

(d)

a statement that the applicant has the right to remain on the territory of that Member State for the purpose of having the application examined and an indication of whether the applicant is free to move within all or part of the territory of that Member State;

(e)

a statement that the document is not a travel document and that the applicant is not allowed to travel without authorisation to other Member States.

5.   It shall not be necessary to issue any of the documents referred to in this Article where and for as long as the applicant is in detention or imprisonment.

Upon release from detention or imprisonment, the applicant shall be provided with the document referred to in paragraph 1 or 4. Where the applicant is provided with the document referred to in paragraph 1 upon release, the applicant shall receive the document referred to in paragraph 4 as soon as possible.

6.   In the case of accompanied minors, the documents referred to in this Article issued to one of the parents of the applicant or the adult responsible for him or her whether by the law or practice of the Member State concerned may also cover the minor, if appropriate.

7.   The documents referred to in this Article need not be proof of identity but shall be considered to be sufficient means for applicants to identify themselves to national authorities and to access their rights for the duration of the procedure for international protection.

8.   The documents referred to in paragraphs 1 and 4 shall state the date of registration of the application.

9.   The document referred to in paragraph 4 shall be valid for up to 12 months or until the applicant is transferred to another Member State in accordance with Regulation (EU) 2024/1351. Where that document is issued by the Member State responsible, the validity of the document shall be renewed so as to cover the period during which the applicant has a right to remain on its territory. The period of validity of the document does not constitute a right to remain where that right was terminated or suspended in accordance with this Regulation.

Article 30 Access to the procedure in detention facilities and at border crossing points

1.   Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may wish to make an application for international protection, the competent authorities under Article 4 shall provide them with information on the possibility to do so.

2.   Where an applicant makes an application in a detention facility, in prison or at a border crossing point, including transit zones, at external borders, the competent authorities under Article 4 shall make arrangements for interpretation services to the extent necessary to facilitate access to the procedure for international protection.

3.   Organisations and persons permitted under national law to provide advice and counselling shall have effective access to applicants held in detention facilities or present at border crossing points, including transit zones, at external borders. Such access may be subject to a prior agreement with the competent authorities.

Member States may impose limits on access as referred to in the first subparagraph, by virtue of national law, where they are objectively necessary for the security, public order or administrative management of a border crossing point, including transit zones, or detention facility, provided that access is not severely restricted or rendered impossible.

Article 31 Applications on behalf of adults requiring assistance to exercise legal capacity

1.   In the case of an adult requiring assistance to exercise legal capacity in accordance with national law (the ‘dependent adult’), an adult responsible for him or her whether by law or by practice of the Member State concerned may make and lodge an application on the behalf of the dependent adult.

2.   The dependent adult shall be present for the lodging of the application, except where there are justified reasons for which he or she is unable or unfit to be present or, where such a possibility is provided for in national law, the application is lodged by means of a form.

Article 32 Applications on behalf of accompanied minors

1.   An accompanied minor shall have the right to lodge an application in his or her own name where he or she has legal capacity in accordance with the national law of the Member State concerned. Where the accompanied minor does not have legal capacity in accordance with the national law of the Member State concerned, a parent or another adult, such as a legal caregiver or child protection services, responsible for the minor, whether by the law or practice of the Member State concerned, shall lodge the application on the minor’s behalf.

2.   In the case of an accompanied minor who does not have legal capacity in accordance with the national law of the Member State concerned and who is present at the moment the parent or another adult responsible for him or her whether by the law or practice of the Member State concerned makes or lodges the application for international protection on the territory of the same Member State, in particular if such minor does not have any other legal means of staying on the territory of that same Member State, the making and lodging of an application by a parent or another adult responsible for him or her whether by the law or practice of the Member State concerned shall also be considered to be the making and lodging of an application for international protection on behalf of the minor.

Member States may decide to apply the first subparagraph also in the case of an accompanied minor who is born or who is present during the administrative procedure.

3.   Where the parent or adult responsible for the accompanied minor referred to in paragraph 2 lodges the application on behalf of the minor, the minor shall be present for the lodging of the application, except where there are justified reasons for which the minor is unable or unfit to be present or, where such a possibility is provided for in national law, the application on behalf of the minor is lodged by means of a form.

Article 33 Applications of unaccompanied minors

1.   An unaccompanied minor shall have the right to lodge an application in his or her own name if he or she has legal capacity in accordance with the national law of the Member State concerned. To that effect, the unaccompanied minor shall be informed of the age of legal capacity in the Member State responsible for examining his or her application for international protection. Where the unaccompanied minor does not have legal capacity in accordance with the national law of the Member State concerned a representative or a person as referred to in Article 23(2), point (a), shall lodge the application on his or her behalf.

The first subparagraph of this paragraph shall apply without prejudice to unaccompanied minors’ right to legal counselling and to legal assistance and representation in accordance with Articles 15 and 16.

2.   In the case of an unaccompanied minor who does not have legal capacity in accordance with the national law of the Member State concerned, the application shall be lodged within the time limit set out in Article 28(1), taking into account the best interests of the child.

3.   Where the representative of an unaccompanied minor or a person as referred to in Article 23(2), point (a), lodges the application on behalf of the minor, the minor shall be present for the lodging of the application, except where there are justified reasons for which the minor is unable or unfit to be present or, where such a possibility is provided for in national law, the application is lodged by means of a form.

Article 34 Examination of applications

1.   The determining authority shall examine and take decisions on applications for international protection in accordance with the basic principles and guarantees set out in Chapter II.

2.   The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining an application, the determining authority shall take the following into account:

(a)

the relevant statements and documentation presented by the applicant in accordance with Article 4(1) and (2) of Regulation (EU) 2024/1347;

(b)

relevant, precise and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, obtained from relevant and available national, Union and international sources, including children’s rights organisations and, where available, the common analysis on the situation in specific countries of origin and the guidance notes referred to in Article 11 of Regulation (EU) 2021/2303;

(c)

where applying the concepts of first country of asylum or safe third country, relevant, precise and up-to-date information relating to the situation prevailing in the third country being considered as a first country of asylum or a safe third country at the time of taking a decision on the application, including information and analysis on safe third countries referred to in Article 12 of Regulation (EU) 2021/2303;

(d)

the individual position and personal circumstances of the applicant, including factors such as the applicant’s background, age, gender, gender identity and sexual orientation, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

(e)

whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm, as referred to in Article 5 of Regulation (EU) 2024/1347, if returned to that country;

(f)

whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship;

(g)

provided that the State or agents of the State are not the actors of persecution or serious harm, whether the internal protection alternative referred to in Article 8 of Regulation (EU) 2024/1347 applies.

3.   The staff examining applications and taking decisions shall have the appropriate knowledge and shall have received training, including the relevant training under Article 8 of Regulation (EU) 2021/2303, in the relevant standards applicable in the field of asylum and refugee law. They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious, mental health, and child-related or gender issues. Where necessary, they may submit queries to the Asylum Agency in accordance with Article 10(2), point (b), of Regulation (EU) 2021/2303.

4.   Documents assessed by the determining authority as relevant for the examination of applications shall be translated, where necessary, for such examination.

The translation of those relevant documents or parts thereof may be provided by other entities and paid for from public funds in accordance with the national law of the Member State concerned. The applicant may, at his or her own cost, ensure the translation of other documents. For subsequent applications, the applicant may be made responsible for the translation of documents.

5.   The determining authority may prioritise the examination of an application for international protection in particular where:

(a)

it considers that the application is likely to be well-founded;

(b)

the applicant has special reception needs within the meaning of Article 24 of Directive (EU) 2024/1346 or is in need of special procedural guarantees as referred to in Articles 20 to 23 of this Regulation, in particular where he or she is an unaccompanied minor;

(c)

there are reasonable grounds to consider the applicant as a danger to the national security or public order of the Member State;

(d)

the application is a subsequent application;

(e)

the applicant has been subject to a decision in accordance with Article 23(2), point (e), of Directive (EU) 2024/1346, has been involved in causing public nuisance or has engaged in criminal behaviour.

Article 35 Duration of the examination procedure

1.   The examination to determine whether an application is inadmissible in accordance with Article 38 (1), points (a), (b), (c) and (d), and Article 38(2) shall be concluded as soon as possible and no later than two months from the date on which the application is lodged.

In the case referred to in Article 38(1), point (e), the determining authority shall conclude the examination within ten working days.

The application shall not be deemed to be admissible solely by reason of the fact that no decision on inadmissibility is taken within the time limits set out in this paragraph and in paragraph 2.

2.   The determining authority may extend the time limits provided for in the first subparagraph of paragraph 1 by no more than two months where:

(a)

a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the admissibility procedure within the set time limits;

(b)

complex issues of fact or law are involved;

(c)

the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9.

3.   The determining authority shall conclude the accelerated examination procedure as soon as possible and no later than three months from the date on which the application is lodged.

4.   The determining authority shall ensure that an examination procedure on the merits, provided that it is not an accelerated examination procedure, is concluded as soon as possible and no later than six months from the date on which the application is lodged, without prejudice to an adequate and complete examination.

5.   The determining authority may extend the time limit of six months referred to in paragraph 4 by a period of not more than six months where:

(a)

a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the procedure within the six-month time limit;

(b)

complex issues of fact or law are involved;

(c)

the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9.

6.   Where an applicant is subject to a transfer procedure as laid down in Article 46 of Regulation (EU) 2024/1351, the time limit referred to in paragraph 4 of this Article shall start to run from the date on which the application is lodged in accordance with Article 28(2).

7.   The determining authority may postpone concluding the examination procedure where it cannot reasonably be expected to decide within the time limits laid down in paragraph 4 due to an uncertain situation in the country of origin which is expected to be temporary. In such cases, the determining authority shall:

(a)

conduct reviews of the situation in that country of origin at least every four months;

(b)

where available, take into account reviews of the situation in that country of origin carried out by the Asylum Agency;

(c)

inform the applicants concerned, in a language which they understand or are reasonably supposed to understand and as soon as possible, of the reasons for the postponement.

The Member State shall inform the Commission and the Asylum Agency as soon as possible of the postponement of procedures for that country of origin. In any event, the determining authority shall conclude the examination procedure within 21 months from the lodging of an application.

8.   Member States shall lay down time limits for the conclusion of the examination procedure in cases where a court or tribunal annuls the decision of the determining authority and refers the case back. Those time limits shall be shorter than the time limits set out in this Article.

Article 36 Decisions on applications

1.   A decision on an application for international protection shall be given in writing and it shall be notified to the applicant as soon as possible in accordance with the national law of the Member State concerned. Where a representative or legal adviser legally represents the applicant, the competent authority may notify the decision to him or her instead of the applicant.

2.   Where an application is rejected as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as implicitly withdrawn, the reasons in fact and in law for the rejection shall be stated in the decision.

3.   The applicant shall be informed, in writing, of the result of the decision and of how to challenge a decision rejecting an application as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status, or as implicitly withdrawn. That information may be provided as part of the decision on an application for international protection. Where the applicant is not assisted by a legal adviser, that information shall be provided in a language that the applicant understands or is reasonably supposed to understand.

4.   Where the applicant is assisted by a legal adviser who legally represents the applicant, the information referred to in paragraph 3 may be provided solely to that legal adviser without being translated into a language which the applicant understands or is reasonably supposed to understand. In such a case, the fact of whether or not international protection is granted shall be communicated, in writing, for information to the applicant in a language which he or she understands or is reasonably supposed to understand, together with general information on how to challenge the decision.

5.   In the case of applications on behalf of minors or dependent adults and where the applications are all based on the exact same grounds as the application of the adult responsible for that minor or dependent adult, the determining authority may, following an individual assessment for each applicant, take a single decision covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender-based violence, trafficking in human beings, and persecution based on gender, sexual orientation, gender identity or age. In such cases, a separate decision shall be issued and notified to the person concerned in accordance with paragraph 1.

Article 37 Rejection of an application and issuance of a return decision

Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shall issue a return decision that respects Directive 2008/115/EC and that is in accordance with the principle of non-refoulement. Where a return decision or another decision imposing the obligation to return has already been issued prior to the making of an application for international protection, the return decision under this Article is not required. The return decision shall be issued as part of the decision rejecting the application for international protection or in a separate act. Where the return decision is issued as a separate act, it shall be issued at the same time and together with the decision rejecting the application for international protection or without undue delay thereafter.

Article 38 Decision on the admissibility of the application

1.   The determining authority may assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and may be authorised under national law to reject an application as inadmissible where any of the following grounds applies:

(a)

a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 58, unless it is clear that the applicant will not be admitted or readmitted to that country;

(b)

a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 59, unless it is clear that the applicant will not be admitted or readmitted to that country;

(c)

a Member State other than the Member State examining the application has granted the applicant international protection;

(d)

an international criminal court or tribunal has provided safe relocation for the applicant to a Member State or third country, or is unequivocally undertaking actions to that extent, unless new relevant circumstances have arisen which have not been taken into account by the court or tribunal or where there was no legal possibility to raise circumstances relevant to internationally recognised human rights standards before that international criminal court or tribunal;

(e)

the applicant concerned was issued with a return decision in accordance with Article 6 of Directive 2008/115/EC and made his or her application only after seven working days from the date on which the applicant received that return decision, provided that he or she had been informed of the consequences of not making an application within that time limit and that no new relevant elements have arisen since the end of that period.

2.   The determining authority shall reject an application as inadmissible where the application is a subsequent application where no new relevant elements as referred to in Article 55(3) and (5) relating to the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347 or relating to the inadmissibility ground previously applied, have arisen or have been presented by the applicant.

Article 39 Decision on the merits of an application

1.   An application shall not be examined on the merits where:

(a)

another Member State is responsible in accordance with Regulation (EU) 2024/1351;

(b)

an application is rejected as inadmissible in accordance with Article 38 or;

(c)

an application is explicitly or implicitly withdrawn, without prejudice to Article 40(2) and Article 41(5).

2.   When examining an application on the merits, the determining authority shall take a decision on whether the applicant qualifies as a refugee and, if not, it shall determine whether the applicant is eligible for subsidiary protection in accordance with Regulation (EU) 2024/1347.

3.   The determining authority shall reject an application as unfounded where it has established that the applicant does not qualify for international protection pursuant to Regulation (EU) 2024/1347.

4.   The determining authority may be authorised under national law to declare an unfounded application to be manifestly unfounded if, at the time of the conclusion of examination, any of the circumstances referred to in Article 42(1) and (3) apply.

Article 40 Explicit withdrawal of applications

1.   An applicant may, of his or her own motion and at any time during the procedure, withdraw his or her application. The application shall be withdrawn in writing by the applicant in person or delivered by his or her legal adviser legally representing the applicant in accordance with national law.

2.   The competent authorities shall, at the time of the withdrawal of the application, inform the applicant in accordance with Article 8(2), point (c), of all procedural consequences of such a withdrawal in a language he or she understands or is reasonably supposed to understand.

3.   Where the explicit withdrawal takes place before a competent authority other than the determining authority, that authority shall inform the determining authority of such withdrawal. The determining authority shall adopt a decision declaring that the application has been explicitly withdrawn. That decision shall be final and shall not be subject to an appeal as referred to in Chapter V of this Regulation.

4.   Where, at the stage that the application is explicitly withdrawn by the applicant, the determining authority has already found that the applicant does not qualify for international protection pursuant to Regulation (EU) 2024/1347, it may still take a decision to reject the application as unfounded or manifestly unfounded.

Article 41 Implicit withdrawal of applications

1.   An application shall be declared as implicitly withdrawn where:

(a)

the applicant, without good cause, has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so;

(b)

the applicant refuses to cooperate by not providing the information referred to in Article 27(1), points (a) and (b), or by not providing his or her biometric data;

(c)

the applicant refuses to provide his or her address, where he or she has one, unless housing is provided by the competent authorities;

(d)

the applicant has, without justified cause, not attended a personal interview although he or she was required to do so pursuant to Article 13 or, without justified cause, refused to respond to questions during the interview to the extent that the outcome of the interview was not sufficient to take a decision on the merits of the application;

(e)

the applicant has repeatedly not complied with reporting duties imposed on him or her in accordance with Article 9(4) or does not remain available to the competent administrative or judicial authorities, unless he or she can demonstrate that that failure to remain available was owing to specific circumstances beyond his or her control;

(f)

the applicant has lodged the application in a Member State other than the Member State provided for in Article 17(1) and (2) of Regulation (EU) 2024/1351 and does not remain present in that Member State pending the determination of the Member State responsible or the implementation of the transfer procedure, where applicable.

2.   Where the authority that assesses whether the application is implicitly withdrawn is a competent authority other than the determining authority and where that authority considers that the application must be considered as such, that authority shall inform the determining authority accordingly. The determining authority shall adopt a decision declaring that the application has been implicitly withdrawn.

3.   When the applicant is present, the competent authority shall, at the time of the withdrawal, inform the applicant in accordance with Article 8(2), point (c), of all procedural consequences of such a withdrawal in a language he or she understands or is reasonably supposed to understand.

4.   The competent authority may suspend the procedure in order to give the applicant the possibility to justify or rectify omissions or actions as set out in paragraph 1 before a decision declaring the application as implicitly withdrawn is made.

5.   An application may be rejected as unfounded or as manifestly unfounded where the determining authority has, at the stage that the application is implicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to Regulation (EU) 2024/1347.

Article 42 Accelerated examination procedure

1.   Without prejudice to Article 21(2), the determining authority shall, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection where:

(a)

the applicant, in lodging his or her application and presenting the facts, has only raised issues that are not relevant to the examination of whether he or she qualifies as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347;

(b)

the applicant has made clearly inconsistent or contradictory or clearly false or obviously improbable representations or representations which contradict relevant and available country of origin information, thus making his or her claim clearly unconvincing as to whether he or she qualifies as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347;

(c)

the applicant, after having been provided with the full opportunity to show good cause, is considered to have intentionally misled the authorities by presenting false information or documents or by withholding relevant information or documents, particularly with respect to his or her identity or nationality, that could have had a negative impact on the decision or there are clear grounds to consider that the applicant has, in bad faith, destroyed or disposed of an identity or travel document in order to prevent the establishment of his or her identity or nationality;

(d)

the applicant makes an application merely to delay, frustrate or prevent the enforcement of a decision for his or her removal from the territory of a Member State;

(e)

a third country may be considered to be a safe country of origin for the applicant within the meaning of this Regulation;

(f)

there are reasonable grounds to consider the applicant a danger to the national security or public order of the Member States or the applicant had been forcibly expelled for serious reasons of national security or public order under national law;

(g)

the application is a subsequent application which is not inadmissible;

(h)

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

(i)

the applicant entered the territory of a Member State lawfully and, without good reason, has not made an application for international protection as soon as possible, given the grounds of his or her application; this point is without prejudice to the need of international protection arising sur place; or

(j)

the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20 % or lower, unless the determining authority assesses that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or that the applicant belongs to a category of persons for whom the proportion of 20 % or lower cannot be considered to be representative for their protection needs, taking into account, inter alia, the significant differences between first instance and final decisions.

Where the Asylum Agency has provided a guidance note on a country of origin in accordance with Article 11 of Regulation (EU) 2021/2303 showing that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, Member States shall use that guidance note as a reference for the application of the first subparagraph, point (j), of this paragraph.

2.   Where the determining authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure, it may continue the examination on the merits in accordance with Article 35(4) and Article 39. In that case, the applicant concerned shall be informed of the change in the procedure.

3.   The accelerated examination procedure may be applied to unaccompanied minors only where:

(a)

the applicant comes from a third country that may be considered to be a safe country of origin within the meaning of this Regulation;

(b)

there are reasonable grounds to consider the applicant as a danger to the national security or public order of the Member State or the applicant had been forcibly expelled for serious reasons of national security or public order under national law;

(c)

the application is a subsequent application which is not inadmissible;

(d)

the applicant, after having been provided with the full opportunity to show good cause, is considered to have intentionally misled the authorities by presenting false information or documents or by withholding relevant information or documents, particularly with respect to his or her identity or nationality, that could have had a negative impact on the decision or there are clear grounds to consider that the applicant has, in bad faith, destroyed or disposed of an identity or travel document in order to prevent the establishment of his or her identity or nationality; or

(e)

the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 20 % or lower, unless the determining authority assesses a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or that the applicant belongs to a category of persons for whom the proportion of 20 % or lower cannot be considered to be representative for their protection needs, taking into account, inter alia, significant differences between first instance and final decisions.

Where the Asylum Agency has provided a guidance note on a country of origin in accordance with Article 11 of Regulation (EU) 2021/2303 showing that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, Member States shall use that guidance note as a reference for the application of the first subparagraph, point (e), of this paragraph.

Article 43 Conditions for applying the asylum border procedure

1.   Following the screening carried out in accordance with Regulation (EU) 2024/1356, where applicable and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may, in accordance with the basic principles and guarantees of Chapter II, examine an application in a border procedure where that application has been made by a third-country national or stateless person who does not fulfil the conditions for entry to the territory of a Member State as set out in Article 6 of Regulation (EU) 2016/399. The border procedure may take place:

(a)

following an application made at an external border crossing point or in a transit zone;

(b)

following apprehension in connection with an unauthorised crossing of the external border;

(c)

following disembarkation in the territory of a Member State after a search and rescue operation;

(d)

following relocation in accordance with Article 67(11) of Regulation (EU) 2024/1351.

2.   Applicants subject to the border procedure shall not be authorised to enter the territory of a Member State, without prejudice to Article 51(2) and Article 53(2). Any measure taken by Member States to prevent unauthorised entry to their territory shall be in accordance with Directive (EU) 2024/1346.

3.   By way of derogation from Article 51(2), first subparagraph, last sentence, the applicant shall not be authorised to enter the Member State’s territory where:

(a)

the applicant has no right to remain on the territory of a Member State in accordance with Article 10(4), point (a) or (c);

(b)

the applicant has no right to remain on the territory of a Member State in accordance with Article 68 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time limit;

(c)

the applicant has no right to remain on the territory of a Member State in accordance with Article 68 and a court or tribunal has decided that the applicant is not to be allowed to remain pending the outcome of an appeal procedure.

In the cases referred to in the first subparagraph of this paragraph, where the applicant has been subject to a return decision issued in accordance with the Directive 2008/115/EC or has been refused entry in accordance with Article 14 of Regulation (EU) 2016/399, Article 4 of Regulation (EU) 2024/1349 shall apply.

4.   Without prejudice and complementary to the monitoring mechanism laid down in Article 14 of Regulation (EU) 2021/2303, each Member State shall provide for a monitoring of fundamental rights mechanism in relation to the border procedure that meets the criteria set out in Article 10 of Regulation (EU) 2024/1356.

Article 44 Decisions in the framework of the asylum border procedure

1.   Where a border procedure is applied, decisions may be taken on the following:

(a)

the inadmissibility of an application in accordance with Article 38;

(b)

the merits of an application where any of the circumstances referred to in Article 42(1), points (a) to (g) and (j), and Article 42(3), point (b), apply.

2.   Where the number of applicants exceeds the number referred to in Article 47(1) and for the purpose of determining whom to subject to a border procedure pursuant to Article 42(1), point (c), (f) or (j), or Article 42(3), point (b), priority shall be given to the following categories of applications:

(a)

applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who, in the event of a negative decision, have a higher prospect of being returned, as applicable, to their country of origin, to their country of former habitual residence, to a safe third country or to a first country of asylum, within the meaning of this Regulation;

(b)

applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are considered, on serious grounds, to pose a danger to the national security or public order of a Member State;

(c)

without prejudice to point (b), applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are not minors and their family members.

3.   Where the border procedure is applied to minors and their family members, priority shall be given to the examination of their applications.

Member States may also give priority to the examination of applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who, in the event of a negative decision, have a higher prospect of being returned, as applicable, to their country of origin, to their country of former habitual residence, to a safe third country or to a first country of asylum, within the meaning of this Regulation.

Article 45 Mandatory application of the asylum border procedure

1.   A Member State shall examine an application in a border procedure in the cases referred to in Article 43(1) where any of the circumstances referred to in Article 42(1), point (c), (f) or (j), apply.

2.   Where the circumstances referred to in Article 42(1), point (f), apply and without prejudice to Article 54, Member States shall take appropriate measures to maintain as far as possible family unity in the border procedure.

3.   For the purposes of paragraph 2, in order to maintain family unity, ‘members of that applicant’s family’ shall be understood as meaning, in so far as the family already existed before the applicant arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the same Member State in relation to the application for international protection:

(a)

the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples as equivalent to married couples;

(b)

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

(c)

where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by the law or practice of the Member State in which the adult is present;

(d)

where the applicant is a minor and unmarried, the sibling or siblings of the applicant, provided they are unmarried and minors.

For the purposes of points (b), (c) and (d) of the first subparagraph, on the basis of an individual assessment, a minor shall be considered unmarried if his or her marriage could not be contracted in accordance with the national law of the Member State concerned, in particular having regard to the legal age of marriage.

4.   Where, on the basis of information obtained in the framework of monitoring carried out pursuant to Articles 14 and 15 of Regulation (EU) 2021/2303, the Commission has grounds to consider that a Member State is not complying with the requirements laid down in Article 54(2), it shall recommend, without delay, the suspension of the application of the border procedure to families with minors pursuant to Article 53(2), point (b). The Commission shall make that recommendation public.

The Member State concerned shall take utmost account of the Commission’s recommendation with respect to its obligations under Article 53(2), point (b), and with a view to addressing any shortcomings identified to ensure full compliance with the requirements of Article 54(2). The Member State concerned shall inform the Commission of the measures taken to give effect to the recommendation.

Article 46 The adequate capacity at Union level

The adequate capacity at Union level shall be considered to be 30 000.

Article 47 The adequate capacity of a Member State

1.   The Commission shall, by means of implementing acts, calculate the number that corresponds to the adequate capacity of each Member State by using the formula laid down in paragraph 4.

Without prejudice to paragraph 3, the Commission shall also, by means of implementing acts, set the maximum number of applications a Member State is required to examine in the border procedure per year. That maximum number shall be two times the number obtained by using the formula laid down in paragraph 4 from 12 June 2026, three times the number obtained by using the formula laid down in paragraph 4 from 13 June 2027 and four times the number obtained by using the formula laid down in paragraph 4 from 13 June 2028.

2.   Where a Member State’s adequate capacity as referred to in the first subparagraph of paragraph 1 is reached, that Member State shall no longer be required to carry out border procedures in the cases referred to in Article 43(1) where the circumstances referred to in Article 42(1), point (j), apply.

3.   Where a Member State has examined the maximum number of applications referred to in the second subparagraph of paragraph 1, that Member State shall no longer be required to carry out border procedures in the cases referred to in Article 43(1) where the circumstances referred to in Article 42(1), point (c) or (j), apply. The Member State shall nevertheless continue to examine in the border procedure applications of third-country nationals to whom the circumstances referred to in Article 42(1), point (f), and Article 42(3), point (b), apply.

4.   The number referred to in the first subparagraph of paragraph 1 shall be calculated by multiplying the number set out in Article 46 by the sum of irregular crossings of the external border, arrivals following search and rescue operations and refusals of entry at the external border in the Member State concerned during the previous three years and dividing the result thereby obtained by the sum of irregular crossings of the external border, arrivals following search and rescue operations and refusals of entry at the external border in the Union as a whole during the same period according to the latest available Frontex and Eurostat data.

5.   The first such implementing act as referred to in paragraph 1 shall be adopted by the Commission on 12 August 2024 and on 15 October every three years thereafter.

Following the adoption by the Commission of an implementing act as referred to in paragraph 1, each Member State shall ensure, within six months of the adoption of the second and all subsequent such implementing acts, that it has the adequate capacity set out in that implementing act in place. For the purposes of the first such implementing act, Member States shall ensure they have the adequate capacity set out in that implementing act in place before 12 June 2026.

Article 48 Measure applicable where the adequate capacity of a Member State is reached

1.   When the number of applicants that are subject to the asylum border procedure in a Member State at any given moment, in combination with the number of persons subject to a return border procedure established pursuant to Regulation (EU) 2024/1349 or, where applicable, an equivalent return border procedure established under national law, is equal to or exceeds the number set out in respect of that Member State in the Commission implementing act referred to in Article 47(1), first subparagraph, that Member State may notify the Commission of the fact.

2.   Where a Member State notifies the Commission in accordance with paragraph 1, by way of derogation from Article 45(1), that Member State is not required to examine in a border procedure applications made by applicants as referred to in Article 42(1), point (j), at the moment when the number of applicants that are subject to the border procedure in that Member State is equal to or exceeds the number referred to in Article 47(1), first subparagraph.

3.   The measure provided for in paragraph 2 shall be applied on an inflow-outflow basis and the Member State concerned shall be required to continue examining in a border procedure applications made by applicants as referred to in Article 42(1), point (j), as soon as the number of applicants that are subject to the border procedure in that Member State at any given moment is lower than the number referred to in Article 47(1), first subparagraph.

4.   The measure provided for in paragraph 2 may be applied by a Member State for the remainder of the same calendar year starting from the day following the date of the notification under paragraph 1.

Article 49 Notification by a Member State where the adequate capacity is reached

1.   The notification referred to in Article 48 shall contain the following information:

(a)

the number of applicants that are subject to the asylum border procedure, a return border procedure established pursuant to Regulation (EU) 2024/1349 or, where applicable, an equivalent return border procedure established under national law in the Member State concerned at the time of the notification;

(b)

the measure referred to in Article 48 that the Member State concerned intends to apply or to continue applying;

(c)

a substantiated reasoning in support of the intention of the Member State concerned, describing how resorting to the measure in question could help in addressing the situation and, where applicable, other measures that the Member State concerned has adopted or envisages adopting at national level to alleviate the situation, including those referred to in Article 6(3) of Regulation (EU) 2024/1351

2.   Member States may notify the Commission in accordance with Article 48 of this Regulation as part of the notification referred to in Articles 58 and 59 of Regulation (EU) 2024/1351, where applicable.

3.   Where a Member State notifies the Commission in accordance with Article 48, the Member State concerned shall inform other Member States accordingly.

4.   A Member State applying the measure referred to in Article 48 shall inform the Commission on a monthly basis about the following elements:

(a)

the number of applicants that are subject to the border procedure in that Member State at that time;

(b)

the inflow-outflow evolution of the number of persons that are subject to border procedures for each week that month;

(c)

the number of staff responsible for examining applications in the border procedure;

(d)

the average duration of the examination during the administrative stage of the procedure; and

(e)

the average duration of the examination by a court or tribunal of a request to be allowed to remain pending the appeal.

The Commission shall monitor the application of the measure referred to in Article 48 of this Regulation and to that effect review the information provided by Member States. The Commission shall, within the report referred to in Article 9 of Regulation (EU) 2024/1351, provide an assessment of the application of the measure referred to in Article 48 of this Regulation in every Member State.

Article 50 Notification by a Member State where the annual maximum number of applications is reached

Where the number of applications that have been examined in the border procedure in a Member State within one calendar year is equal to or exceeds the maximum number of applications set out in respect of that Member State in the implementing act referred to in Article 47(1), that Member State may notify the Commission accordingly.

Where the Member State has notified the Commission in accordance with the first paragraph of this Article, the Commission shall promptly examine the information provided by the Member State concerned in order to verify that the Member State concerned has examined in the border procedure since the beginning of the calendar year a number of applications that is equal to or exceeds the number set out in respect of that Member State in the implementing act referred to in Article 47(1).

On completion of the verification, the Commission shall authorise, by means of an implementing act, the Member State concerned to not examine in the border procedure applications made by applicants as referred to in Article 42(1), points (c) and (j).

Such an authorisation shall not exempt the Member State from the obligation to examine in the border procedure applications made by applicants as referred to in Article 42(1), point (f), and Article 42(5), point (b).