Subject matter
Article 1
This Regulation establishes a common procedure for granting and withdrawing international protection pursuant to Regulation (EU) 2024/1347.
Regulation (EU) 2024/1348 CHAPTER I — GENERAL PROVISIONS
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Scope
Article 2
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.
Definitions
Article 3
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.
Competent authorities
Article 4
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.
Assistance to competent authorities
Article 5
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.
The role of the United Nations High Commissioner for Refugees
Article 6
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.
Confidentiality principle
Article 7
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.
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