SECTION I — Access to the Procedure
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.
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.
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.
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.
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.
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.
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.
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.
SECTION II — Examination Procedure
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.
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.
SECTION III — Decisions on applications
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.
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.
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.
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.
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.
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.
SECTION IV — Special Procedures
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.
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.
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.
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.
The adequate capacity at Union level
The adequate capacity at Union level shall be considered to be 30 000.
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.
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.
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.
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).
Deadlines
1. By way of derogation from Article 28 of this Regulation, applications subject to a border procedure shall be lodged no later than five days from registration for the first time or, following a transfer pursuant to Article 67(11) of Regulation (EU) 2024/1351, five days from when the applicant arrives in the Member State of relocation following such a transfer provided that the applicant is given an effective opportunity to do so. Failure to comply with the deadline of five days shall not affect the continued application of the border procedure.
2. The border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the claims. Without prejudice to the third subparagraph of this paragraph, the maximum duration of the border procedure shall be 12 weeks from when the application is registered until the applicant no longer has a right to remain and is not allowed to remain. Following that period, the applicant shall be authorised to enter the Member State’s territory except where Article 4 of Regulation (EU) 2024/1349 applies.
Member States shall lay down provisions on the duration of the examination procedure, by way of derogation from Article 35, of the examination by a court or tribunal of a request to remain lodged in accordance with Article 68(4) and (5) and, where applicable, of the appeal procedure. The duration laid down shall ensure that all those procedural steps are finalised within 12 weeks from when the application is registered.
The 12-week period may be extended to 16 weeks if the Member State to which the person is transferred pursuant to Article 67(11) of Regulation (EU) 2024/1351 is applying the border procedure.
Determination of Member State responsible and relocation
1. Where the conditions for the border procedure apply, Member States shall decide to carry out the procedure for determining the Member State responsible for examining the application as laid down in Regulation (EU) 2024/1351 at the locations at which the border procedure will be carried out, without prejudice to the deadlines established in Article 51(2) of this Regulation.
2. Where the conditions for applying the border procedure are met in the Member State from which the applicant is transferred, a border procedure may be applied by the Member State to which the applicant is transferred in accordance with Article 67(11) of Regulation (EU) 2024/1351, without prejudice to the deadlines established in Article 51(2) of this Regulation.
Exceptions to the asylum border procedure
1. The border procedure shall be applied to unaccompanied minors only in the circumstances referred to in Article 42(3), point (b). Where there is doubt as to the applicant’s age, the competent authorities shall promptly carry out an age assessment in accordance with Article 25.
2. Member States shall not apply or shall cease to apply the border procedure at any stage of the procedure where:
(a)
the determining authority considers that the grounds for rejecting an application as inadmissible or for applying the accelerated examination procedure are not applicable or no longer applicable;
(b)
the necessary support cannot be provided to applicants with special reception needs, including minors, in accordance with Chapter IV of Directive (EU) 2024/1346, at the locations referred to in Article 54;
(c)
the necessary support cannot be provided to applicants in need of special procedural guarantees at the locations referred to in Article 54;
(d)
there are relevant medical reasons for not applying the border procedure, including mental health reasons;
(e)
the guarantees and conditions for detention laid down in Articles 10 to 13 of Directive (EU) 2024/1346 are not met or no longer met and the border procedure cannot be applied to the applicant without the use of detention.
In the cases set out in the first subparagraph of this paragraph, the competent authority shall authorise the applicant to enter the territory of the Member State and apply the appropriate procedure provided for in Chapter III.
Locations for carrying out the asylum border procedure
1. During the examination of applications subject to a border procedure, a Member State shall require, pursuant to Article 9 of Directive (EU) 2024/1346 and without prejudice to Article 10 thereof, the applicants to reside at or in proximity to the external border or transit zones as a general rule or in other designated locations within its territory, fully taking into account the specific geographical circumstances of that Member State.
2. Without prejudice to Article 47, Member States shall ensure that families with minors reside in reception facilities appropriate to their needs after assessing the best interests of the child, and shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development, in full respect of the requirements of Chapter IV of Directive (EU) 2024/1346.
3. Each Member State shall notify the Commission, by 11 April 2026, the locations at which the border procedure will be carried out, including when applying Article 45. Member States shall ensure that the capacity of those locations is sufficient to examine the applications covered by Article 45. Any changes in the identification of the locations at which the border procedure is carried out shall be notified to the Commission within two months of the changes having taken place.
4. The requirement to reside at a particular place in accordance with paragraphs 1, 2 and 3 shall not be regarded as authorisation to enter into and stay on the territory of a Member State.
5. Where an applicant subject to the border procedure needs to be transferred to the determining authority or to a competent court or tribunal of first instance for the purposes of such a procedure, or transferred for the purpose of receiving medical treatment, such travel shall not in itself constitute an entry into the territory of a Member State.
Subsequent applications
1. An application made where a final decision on a previous application by the same applicant has not yet been taken shall be considered to be a further representation and not a new application.
That further representation shall be examined in the Member State responsible in the framework of the ongoing examination in the administrative procedure or in the framework of any ongoing appeal procedure in so far as the competent court or tribunal may take into account the elements underlying the further representation.
2. Any further application made in any Member State after a final decision has been taken on a previous application by the same applicant shall be considered to be a subsequent application and shall be examined by the Member State responsible.
3. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether new elements have arisen or have been presented by the applicant and which:
(a)
significantly increase the likelihood of the applicant to qualify as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347; or
(b)
relate to an inadmissibility ground previously applied, where the previous application was rejected as inadmissible.
4. The preliminary examination shall be carried out on the basis of written submissions or a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. In particular, the personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to new elements as referred to in paragraph 3.
5. The elements presented by the applicant shall be considered to be new only where the applicant was unable, through no fault on his or her own part, to present those elements in the context of the earlier application. Any elements which could have been presented earlier by the applicant need not be taken into account unless they significantly increase the likelihood of the application not being inadmissible or of the applicant qualifying for international protection or if a previous application was rejected as implicitly withdrawn in accordance with Article 41 without an examination on the merits.
6. Where new elements as referred to in paragraph 3 have been presented by the applicant or have arisen, the application shall be further examined on its merits, unless the application may be considered to be inadmissible on the basis of another ground provided for in Article 38(1).
7. Where no new elements as referred to in paragraph 3 have been presented by the applicant or have arisen, the application shall be rejected as inadmissible pursuant to Article 38(2).
Exception from the right to remain in subsequent applications
Without prejudice to the principle of non-refoulement, Member States may provide for an exception to the right to remain on their territory and derogate from Article 68(5), point (d), where:
(a)
a first subsequent application has been lodged, merely in order to delay or frustrate the enforcement of a decision which would result in the applicant’s imminent removal from that Member State and is not further examined pursuant to Article 55(7); or
(b)
a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible or unfounded or manifestly unfounded.
SECTION V — Safe country concepts
The notion of effective protection
1. A third country that has ratified and respects the Geneva Convention within the limits of the derogations or limitations made by that third country, as permitted under that Convention, shall be considered to ensure effective protection. In the case of geographical limitations made by the third country, the existence of protection for persons who fall outside of the scope of the Geneva Convention shall be assessed in accordance with the criteria set out in paragraph 2.
2. In cases other than that referred to in paragraph 1, the third country shall be considered to ensure effective protection only where the following criteria are met as a minimum:
(a)
the persons referred to in paragraph 1 are allowed to remain on the territory of the third country in question,
(b)
the persons referred to in paragraph 1 have access to means of subsistence sufficient to maintain an adequate standard of living with regard to the overall situation of that hosting third country,
(c)
the persons referred to in paragraph 1 have access to healthcare and essential treatment for illnesses under the conditions generally provided for in that third country;
(d)
the persons referred to in paragraph 1 have access to education under the conditions generally provided for in that third country; and
(e)
effective protection remains available until a durable solution can be found.
The concept of first country of asylum
1. A third country may only be considered to be a first country of asylum for an applicant where in that country:
(a)
the applicant enjoyed effective protection in accordance with the Geneva Convention, as referred to in Article 57(1), or enjoyed effective protection as referred to in Article 57(2), before travelling to the Union, and he or she can still avail himself or herself of that protection;
(b)
the applicant’s life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
(c)
the applicant faces no real risk of serious harm as defined in Article 15 of Regulation (EU) 2024/1347;
(d)
the applicant is protected against refoulement in accordance with the Geneva Convention and against removal in violation of the right to protection from torture and cruel, inhuman or degrading treatment or punishment as laid down in international law.
2. The concept of first country of asylum may only be applied provided that the applicant cannot provide elements justifying why the concept of first country of asylum is not applicable to him or her, in the framework of an individual assessment.
3. A third country may only be considered to be a first country of asylum for an unaccompanied minor where it is not contrary to his or her best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she will immediately benefit from effective protection as defined in Article 57.
4. Where an application is rejected as inadmissible as a result of the application of the concept of first country of asylum, the determining authority shall:
(a)
inform the applicant in accordance with Article 36; and
(b)
provide him or her with a document informing the authorities of the third country in question, in the language of that country, that the application has not been examined in substance as a consequence of the application of the concept of first country of asylum.
5. Where the third country in question does not readmit the applicant to its territory or does not reply within a time limit set by the competent authority, the applicant shall have access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and in Section I of Chapter III.
The concept of safe third country
1. A third country may only be designated as a safe third country where in that country:
(a)
non-nationals’ life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
(b)
non-nationals face no real risk of serious harm as defined in Article 15 of Regulation (EU) 2024/1347;
(c)
non-nationals are protected against refoulement in accordance with the Geneva Convention and against removal in violation of the right to protection from torture and cruel, inhuman or degrading treatment or punishment as laid down in international law;
(d)
the possibility exists to request and, where conditions are fulfilled, receive effective protection as defined in Article 57.
2. The designation of a third country as a safe third country both at Union and national level may be made with exceptions for specific parts of its territory or clearly identifiable categories of persons.
3. The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of relevant and available sources of information, including information from Member States, the Asylum Agency, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant international organisations.
4. The concept of safe third country may be applied:
(a)
where a third country has been designated as safe third country at Union or national level in accordance with Article 60 or 64; or
(b)
in relation to a specific applicant where the country has not been designated as safe third country at Union or national level, provided that the conditions set out in paragraph 1 are met with regard to that applicant.
5. The concept of safe third country may only be applied provided that:
(a)
the applicant cannot provide elements justifying why the concept of safe third country is not applicable to him or her, in the framework of an individual assessment;
(b)
there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for him or her to go to that country.
6. A third country may only be considered to be a safe third country for an unaccompanied minor where it is not contrary to his or her best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she will immediately have access to effective protection as defined in Article 57.
7. Where the Union and a third country have jointly come to an agreement pursuant to Article 218 TFEU that migrants admitted under that agreement will be protected in accordance with the relevant international standards and in full respect of the principle of non-refoulement, the conditions of this Article regarding safe third-country status may be presumed fulfilled without prejudice to paragraphs 5 and 6.
8. Where an application is rejected as inadmissible as a result of the application of the concept of safe third country, the determining authority shall:
(a)
inform the applicant in accordance with Article 36; and
(b)
provide him or her with a document informing the authorities of the third country in question, in the language of that country, that the application has not been examined in substance as a consequence of the application of the concept of safe third country.
9. Where the third country in question does not admit or readmit the applicant to its territory, the applicant shall have access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and in Section I of Chapter III.
Designation of safe third countries at Union level
1. Third countries shall be designated as safe third countries at Union level in accordance with the conditions laid down in Article 59(1).
2. The Commission shall review the situation in third countries that are designated as safe third countries with the assistance of the Asylum Agency and on the basis of the other sources of information referred to in Article 59(3).
3. The Asylum Agency shall, at the request of the Commission, provide it with information and analysis on specific third countries which could be considered for designation as safe third countries at Union level. The Commission shall promptly consider any request from a Member State to assess whether a third country could be designated as a safe third country at Union level.
4. The Commission is empowered to adopt delegated acts in accordance with Article 74 concerning the suspension of the designation of a third country as a safe third country at Union level subject to the conditions as set out in Article 63.
The concept of safe country of origin
1. A third country may only be designated as a safe country of origin in accordance with this Regulation where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is no persecution as defined in Article 9 of Regulation (EU) 2024/1347 and no real risk of serious harm as defined in Article 15 of that Regulation.
2. The designation of a third country as a safe country of origin both at Union and national level may be made with exceptions for specific parts of its territory or clearly identifiable categories of persons.
3. The assessment of whether a third country is a safe country of origin in accordance with this Regulation shall be based on a range of relevant and available sources of information, including information from Member States, the Asylum Agency, the European External Action Service, the United Nations High Commissioner for Refugees, and other relevant international organisations, and shall take into account where available the common analysis of the country of origin information referred to in Article 11 of Regulation (EU) 2021/2303.
4. In making the assessment referred to in paragraph 3, account shall be taken, inter alia, of the extent to which protection is provided against persecution or serious harm by:
(a)
the relevant laws and regulations of the country and the manner in which they are applied;
(b)
observance of the rights and freedoms laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms or the International Covenant for Civil and Political Rights or the United Nations Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the said European Convention;
(c)
the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country;
(d)
the provision for a system of effective remedies against violations of those rights and freedoms.
5. The concept of a safe country of origin may only be applied provided that:
(a)
the applicant has the nationality of that country or he or she is a stateless person and was formerly habitually resident in that country;
(b)
the applicant does not belong to a category of persons for which an exception was made when designating the third country as a safe country of origin;
(c)
the applicant cannot provide elements justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment.
Designation of safe countries of origin at Union level
1. Third countries shall be designated as safe countries of origin at Union level, in accordance with the conditions laid down in Article 61.
2. The Commission shall review the situation in third countries that are designated as safe countries of origin, with the assistance of the Asylum Agency and on the basis of the other sources of information referred to in Article 61(3).
3. The Asylum Agency shall, at the request of the Commission, provide it with information and analysis on specific third countries which could be considered for designation as safe countries of origin at Union level. The Commission shall promptly consider any request from a Member State to assess whether a third country could be designated as safe country of origin at Union level.
4. The Commission is empowered to adopt delegated acts in accordance with Article 74 concerning the suspension of the designation of a third country as a safe country of origin at Union level subject to the conditions as set out in Article 63.
Suspension and removal of the designation of a third country as a safe third country or as a safe country of origin at Union level
1. In the event of significant changes in the situation of a third country which is designated as a safe third country or as a safe country of origin at Union level, the Commission shall conduct a substantiated assessment of the fulfilment by that third country of the conditions set out in Article 59 or 61 and, where the Commission considers that those conditions are no longer met, it shall adopt a delegated act in accordance with Article 74 to suspend the designation of that third country as a safe third country or as a safe country of origin at Union level for a period of six months.
2. The Commission shall continuously review the situation in the third country referred to in paragraph 1 taking into account, inter alia, information provided by the Member States and the Asylum Agency regarding subsequent changes in the situation of that third country.
3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country or as a safe country of origin at Union level, it shall, within three months of the date of adoption of that delegated act, submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country’s designation as a safe third country or of safe country of origin at Union level.
4. Where the Commission has not submitted a proposal as referred to in paragraph 3 within three months of the adoption of the delegated act as referred to in paragraph 1, the delegated act suspending the third country from its designation as a safe third country or as a safe country of origin at Union level shall cease to have effect. Where the Commission submits such a proposal within three months of the adoption of the delegated act as referred to in paragraph 1, the Commission shall be empowered, on the basis of a substantiated assessment, to extend the validity of that delegated act for a period of six months, with a possibility to renew that extension once.
5. Without prejudice to paragraph 4, where the proposal submitted by the Commission to remove the designation of a third country as a safe third country or a safe country of origin at Union level is not adopted within 15 months from when the proposal was submitted by the Commission, the suspension of the designation of the third country as a safe third country or as a safe country of origin at Union level shall cease to have effect.
Designation of third countries as safe third country or safe country of origin at national level
1. Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level for the purpose of examining applications for international protection.
2. Where the designation of a third country as a safe third country or as a safe country of origin at Union level has been suspended pursuant to Article 63(1), Member States shall not designate that country as a safe third country or a safe country of origin at national level.
3. Where the designation of a third country as a safe third country or as a safe country of origin at Union level has been suspended in accordance with the ordinary legislative procedure, a Member State may notify the Commission that it considers that, following changes in the situation of that country, it again fulfils the conditions set out in Article 59(1) and Article 61.
The notification shall include a substantiated assessment of the fulfilment by that country of the conditions set out in Article 59(1) and Article 61, including an explanation of the specific changes in the situation of the third country which make that country fulfil those conditions again.
Following the notification, the Commission shall request the Asylum Agency to provide it with information and analysis on the situation in the third country.
The notifying Member State may only designate that third country as a safe third country or as a safe country of origin at national level provided that the Commission does not object to that designation.
The Commission’s right of objection shall be limited to a period of two years after the date on which that third country’s designation as a safe third country or a safe country of origin at Union level has been removed. Any objection by the Commission shall be issued within a period of three months after the date of each notification by the Member State and after due review of the situation in that third country, having regard to the conditions set out in Articles 59(1) and 61 of this Regulation.
Where it considers that those conditions are fulfilled, the Commission may submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to designate that third country as a safe third country or as a safe country of origin at Union level.
4. Member States shall notify the Commission and the Asylum Agency of the third countries that are designated as safe third countries or safe countries of origin at national level by 12 June 2026 and immediately after each designation or change to designations. Member States shall inform the Commission and the Asylum Agency once a year of the other safe third countries to which the concept is applied in relation to specific applicants as referred to in Article 59(4), point (b).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
