Preparation and submission of a standard transfer form
1. Before the transfer of an applicant or of another person as referred to in Article 36(1), points (b) and (c), of Regulation (EU) 2024/1351, the transferring Member State shall submit the standard form in accordance with the model in Annex V to this Regulation. The standard form shall include, among others, the information on the following:
(a)
the type of transfer (voluntary, by supervised departure or under escort);
(b)
the location indicated in accordance with Article 23(1), (2) or (3) in the receiving Member State to which the transfer is carried out where applicable;
(c)
the planned means of transport (plane, train, bus, ferry or other);
(d)
the date and time of the arrival;
(e)
the authority before which the person concerned is to appear and the indicated date and time by which the person is to appear before that authority.
When the transfer of the members of the same family takes place simultaneously, information on all family members shall be included in the same standard form.
2. The transferring Member State shall submit the standard form as soon as possible after the notification of a transfer decision taken in accordance with Article 42(2) of Regulation (EU) 2024/1351.
3. The laissez-passer referred to in Article 46(1) of Regulation (EU) 2024/1351 shall be as set out in Annex IX to this Regulation.
4. The transferring Member State shall ensure that all documents of the applicant or another person as referred to in Article 36(1), points (b) and (c), of Regulation (EU) 2024/1351 are returned to him or her before departure, given into the safe keeping of members of the escort to be handed to the competent authorities of the Member State responsible, or sent by other appropriate means.
Exchange of general information concerning modalities and practical arrangements of the transfers
1. For the purpose of transfers, the Member States shall inform the other Member States and the Asylum Agency of all airports having direct regular scheduled flight connections between Member States and of all seaports with regular scheduled passenger ferry connections between Member States. The Member States may indicate the airports to which they prefer to receive transfers.
Member States shall indicate at least one airport to which transfers are to be carried out, as well as the authority which is competent to receive the persons to be transferred at that airport when the receiving Member State fails to confirm the reception of the standard form or, where applicable, its availability to receive the transfer or fails to propose alternative locations or times for the transfer as provided for in Article 25(5) or in Article 26(3).
2. The Member States shall inform the other Member States and the Asylum Agency of the authorities and their address before which the persons subject to voluntary transfers and transfers carried out by supervised departures in accordance with Article 25(1), point (a), are to appear upon arrival.
3. The Member States shall inform the other Member States and the Asylum Agency of the authorities and their address at the border or within their territory to which transfers carried out by land by supervised departures in accordance with Article 25(1), point (b), and under escort shall take place.
4. Member States shall communicate to the Asylum Agency the information referred to in paragraphs 1, 2 and 3 by 12 April 2026. When providing that information, the Members States shall also indicate to which of the locations referred to in paragraphs 1, 2 and 3 transfers are also possible before 09:00 and after 16:00 during working days.
The Asylum Agency shall draw up a consolidated list of the locations referred to in paragraphs 1, 2 and 3 and make it available to the Member States. The information shall be updated by 20 December of each year.
The Member States shall inform as soon as possible the Asylum Agency of any change of the locations referred to in paragraphs 1, 2 and 3.
5. For the purposes of facilitating the exchange of information on transfers, by 12 April 2026 and thereafter by 20 December of each year at the latest, the Member States shall communicate to the other Member States and the Asylum Agency the dates of the national holidays of the following year. On that basis the Asylum Agency shall draw up a consolidated list.
Exchange of information concerning voluntary transfers
1. In the event of voluntary transfers, the transferring Member State shall confirm the following in the standard form referred to in Article 22(1):
(a)
the person concerned is not an unaccompanied minor;
(b)
there is no risk of absconding during the transfer;
(c)
the person does not pose a threat to internal security;
(d)
the person to be transferred has no special needs to be adequately addressed within the meaning of Article 48(2), point (a), of Regulation (EU) 2024/1351.
For the purposes of Article 46(1) of Regulation (EU) 2024/1351, the standard form shall include the name and address of the authority communicated in accordance with Article 23(2) of this Regulation before which the person concerned is to appear upon arrival, as well as the date and time by which he or she is to appear.
2. The standard form referred to in Article 22(1) shall be sent to the Member State responsible no more than fourteen and no less than seven days before the date by which the person concerned is to appear before the authority indicated in accordance with paragraph 1, second subparagraph.
3. The person to be transferred shall be informed of the name and address of the authority communicated in accordance with Article 23(2) before which he or she is to appear upon arrival, as well as of the date and time by which he or she is to do so.
4. Where no information on the safe arrival of the person concerned or of the fact that he or she did not appear within the set time is received within seven days of the end of the time limit referred to in paragraph 1, the transferring Member State shall consider that the transfer has been carried out.
Exchange of information concerning transfers carried out by supervised departure
1. In the event of transfers carried out by supervised departure, the following information shall be included in the standard form referred to in Article 22(1):
(a)
whether the person to be transferred is to appear before the authority communicated in accordance with Article 23(2), as well as the date and time indicated to him or her to appear before that authority;
(b)
whether the person to be transferred is to be received by the authorities of the receiving Member State at the location referred to in Article 23 (1) and (3), as well as the date and time of arrival indicated by the transferring Member State.
2. The transferring Member State shall transmit the standard form referred to in Article 22(1) no more than fourteen and no less than seven days before date of the arrival indicated in accordance with paragraph 1 of this Article.
3. If the receiving Member State is required to take any immediate measures to adequately address the special needs of the person to be transferred in accordance with Article 48(2), point (a), of Regulation (EU) 2024/1351, or the person concerned is an unaccompanied minor, the standard form shall be transmitted at least 21 days before the date of arrival indicated in accordance with paragraph 1 of this Article.
4. The person to be transferred shall be informed of the name and address of the authority communicated in accordance with Article 23(2) before which he or she is to appear upon arrival, as well as of the date and time by which he or she is to do so.
5. In cases referred to in paragraph 1, point (b), the receiving Member State shall, within five days from the reception of the form, either confirm its availability to receive the transfer or propose different modalities of transfer and/or a different location and/or time for the transfer as well as indicate the reasons for not being available to receive the transfer as proposed by the transferring Member State.
Where the alternatives proposed by the receiving Member State do not present a viable option for the transferring Member State, it may choose to carry out the transfer to the location communicated in accordance with Article 23(1), second subparagraph. No further consultations shall be necessary for the carrying out of the transfer.
Where the receiving Member State fails to confirm its availability or to indicate alternative modalities or arrangements for the transfer within five days following the receipt of the standard form, the transferring Member State shall carry out the transfer to the location communicated in accordance with Article 23(1), second subparagraph. The transferring Member State shall communicate that the transfer will take place to that location and indicate the date and time of arrival through the same standard form sent in accordance with Article 22(1). No further consultations shall be necessary for the carrying out of the transfer.
6. In cases referred to in paragraph 1, point (a), where no information on the safe arrival of the person concerned or of the fact that he or she did not appear by the indicated date is received within seven days from that date, the transferring Member State shall consider that the transfer has been carried out.
Exchange of information concerning transfers under escort
1. In the event of transfers under escort, the following information shall be included in the standard form referred to in Article 22(1):
(a)
in case of a simultaneous transfer of 10 persons or more, the number of the persons to be transferred, the date and time of the arrival to the location communicated in accordance with Article 23(1) or (3) and the planned means of transport;
(b)
in the other cases, the date and time of the arrival to the location communicated in accordance with Article 23(1) or (3) and the planned means of transport.
2. In case of a simultaneous transfer of 10 persons or more, the transferring Member State shall inform the receiving Member State of the intention to carry out such transfer as soon as possible and at latest 21 days before the intended date of transfer using the standard form set out in Annex VI.
The receiving Member State shall, within five days from the reception of the form, either confirm its availability to receive the transfer or propose different modalities of transfer and/or a different location and/or time for the transfer as well as indicate the reasons for not being available to receive the transfer proposed by the transferring Member State.
Where the receiving Member State confirms its availability, the transferring Member State shall submit a standard form as set out in Article 22(1) for every person to be included in that transfer together with the same standard form submitted in accordance with subparagraph 1 and filled in with the required information no more than fourteen and no less than seven days prior to the transfer.
3. In the cases referred to in paragraph 1, point (b), the standard form shall be sent no more than fourteen and no less than seven days prior to the transfer.
The standard form shall be transmitted at least 21 days in advance in any of the following situation:
(a)
the receiving Member State is required to take immediate measures to adequately address the special needs of the person to be transferred in accordance with Article 48(2), point (a), of Regulation (EU) 2024/1351;
(b)
the person to be transferred poses a threat to internal security;
(c)
the person concerned is an unaccompanied minor.
The receiving Member State shall, within five days from the reception of the form, either confirm its availability to receive the transfer or propose different modalities of the transfer and/or a different location and/or time for the transfer as well as indicate the reasons for not being available to receive the transfer proposed by the transferring Member State.
Where the alternatives proposed by the receiving Member State do not present a viable option for the transferring Member State, it may choose to carry out the transfer to the location communicated in accordance with Article 23(1), second subparagraph. No further consultations shall be necessary for the carrying out of the transfer.
Where the receiving Member State fails to confirm its availability or to indicate alternative modalities or arrangements for the transfer within five days following the receipt of the standard form, the transferring Member State shall carry out the transfer to the location communicated in accordance with Article 23(1), second subparagraph. The transferring Member State shall communicate that the transfer will take place to that location and indicate the date and time of arrival through the same standard form sent in accordance with Article 22(1). No further consultations shall be necessary for the carrying out of the transfer.
4. Where the person to be transferred is detained in accordance with Article 44 of the Regulation (EU) 2024/1351, the standard form shall be submitted ensuring full compliance with the deadlines set out in Article 45 of that Regulation.
Transfers for the purpose of relocation
1. The rules on transfers set out in this Chapter shall apply also to transfers of applicants and beneficiaries of international protection for the purpose of relocation in accordance with Article 67 of Regulation (EU) 2024/1351.
2. By way of derogation from the rules established in this Chapter on time limits for the submission of the standard form referred to in Article 22(1), the standard form shall be submitted as soon as possible after the notification of a transfer decision referred to in Article 67(10) of Regulation (EU) 2024/1351. The Member States shall observe, to the extent possible, the time limits for submitting the form set out in Articles 24, 25 and 26 of this Regulation, to allow the transferring Member States to comply with the four-week deadline for carrying out the transfer set out in Article 67(11) of Regulation (EU) 1351/2024.
Postponed and delayed transfers
1. The transferring Member State shall inform the receiving Member State without delay about any appeal or review procedure having suspensive effect in relation to transfer decisions.
2. The transferring Member State shall inform the receiving Member State without delay about the fact that the person to be transferred has absconded, is physically resisting the transfer, is intentionally making himself or herself unfit for the transfer, is not complying with medical requirements for the transfer or that he or she is imprisoned.
3. The information referred to in paragraphs 1 and 2 shall be transmitted within the six-month period provided for in Article 46(1), first subparagraph of Regulation (EU) 2024/1351 through the same standard form that was submitted in accordance with Article 7(1) or Article 12(1) of this Regulation.
Exchange of health data before a transfer is carried out
For the sole purpose of the provision of medical care or treatment laid down in Article 50(1) of Regulation (EU) 2024/1351 information on the health of the person to be transferred shall be transmitted through the common health certificate, in the form set out in Annex VIII to this Regulation.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
