DUBLIN-3 Agreement

This text is meant purely as a documentation tool and has no legal effect. The Union’s institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official  Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links  embedded in this document 

►B REGULATION (EU) No 604/2013 OF THE EUROPEAN PARLIAMENT AND OF THE  COUNCIL 

of 26 June 2013 

establishing the criteria and mechanisms for determining the Member State responsible for  examining an application for international protection lodged in one of the Member States by a  third-country national or a stateless person (recast) 

(OJ L 180, 29.6.2013, p. 31) 

Corrected by: 

►C1 Corrigendum, OJ L 49, 25.2.2017, p. 50 (604/2013) 

02013R0604 — EN — 29.06.2013 — 000.001 — 2

▼B 

REGULATION (EU) No 604/2013 OF THE EUROPEAN  

PARLIAMENT AND OF THE COUNCIL 

of 26 June 2013 

establishing the criteria and mechanisms for determining the  

Member State responsible for examining an application for  

international protection lodged in one of the Member States by  

a third-country national or a stateless person (recast) 

CHAPTER I 

SUBJECT MATTER AND DEFINITIONS 

Article 1 

Subject matter 

This Regulation lays down the criteria and mechanisms for determining  

the Member State responsible for examining an application for inter 

national protection lodged in one of the Member States by a third 

country national or a stateless person (‘the Member State responsible’). 

Article 2 

Definitions 

For the purposes of this Regulation: 

(a) ‘third-country national’ means any person who is not a citizen of  

the Union within the meaning of Article 20(1) TFEU and who is  

not national of a State which participates in this Regulation by  

virtue of an agreement with the European Union; 

(b) ‘application for international protection’ means an application for  

international protection as defined in Article 2(h) of Directive  

2011/95/EU; 

(c) ‘applicant’ means a third-country national or a stateless person who  

has made an application for international protection in respect of  

which a final decision has not yet been taken; 

(d) ‘examination of an application for international protection’ means  

any examination of, or decision or ruling concerning, an application  

for international protection by the competent authorities in  

accordance with Directive 2013/32/EU and Directive 2011/95/EU,  

except for procedures for determining the Member State  

responsible in accordance with this Regulation; 

(e) ‘withdrawal of an application for international protection’ means  

the actions by which the applicant terminates the procedures  

initiated by the submission of his or her application for inter 

national protection, in accordance with Directive 2013/32/EU,  

either explicitly or tacitly; 

(f) ‘beneficiary of international protection’ means a third-country  

national or a stateless person who has been granted international  

protection as defined in Article 2(a) of Directive 2011/95/EU; 

02013R0604 — EN — 29.06.2013 — 000.001 — 3

▼B 

(g) ‘family members’ means, insofar as the family already existed in  

the country of origin, the following members of the applicant’s  

family who are present on the territory of the Member States: 

— 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 in a way comparable  

to married couples under its law relating to third-country  

nationals, 

— the minor children of couples referred to in the first indent 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, 

— when the applicant is a minor and unmarried, the father, mother  

or another adult responsible for the applicant, whether by law  

or by the practice of the Member State where the adult is  

present, 

— when the beneficiary of international protection is a minor and  

unmarried, the father, mother or another adult responsible for  

him or her whether by law or by the practice of the Member  

State where the beneficiary is present; 

(h) ‘relative’ means the applicant’s adult aunt or uncle or grandparent  

who is present in the territory of a Member State, regardless of  

whether the applicant was born in or out of wedlock or adopted as  

defined under national law; 

(i) ‘minor’ means a third-country national or a stateless person below  

the age of 18 years; 

(j) ‘unaccompanied minor’ means a minor who arrives on the territory  

of the Member States unaccompanied by an adult responsible for  

him or her, whether by law or by the practice of the Member State  

concerned, and for as long as he or she is not effectively taken into  

the care of such an adult; it includes a minor who is left unaccom 

panied after he or she has entered the territory of Member States; 

(k) ‘representative’ means a person or an organisation appointed by the  

competent bodies in order to assist and represent an unaccompanied  

minor in procedures provided for in this Regulation with a view to  

ensuring the best interests of the child and exercising legal capacity  

for the minor where necessary. Where an organisation is appointed  

as a representative, it shall designate a person responsible for  

carrying out its duties in respect of the minor, in accordance  

with this Regulation; 

(l) ‘residence document’ means any authorisation issued by the  

authorities of a Member State authorising a third-country national  

or a stateless person to stay on its territory, including the  

documents substantiating the authorisation to remain on the  

territory under temporary protection arrangements or until the  

circumstances preventing a removal order from being carried out  

no longer apply, with the exception of visas and residence auth 

orisations issued during the period required to determine the  

Member State responsible as established in this Regulation or  

during the examination of an application for international protection  

or an application for a residence permit; 

02013R0604 — EN — 29.06.2013 — 000.001 — 4

▼B 

(m) ‘visa’ means the authorisation or decision of a Member State  

required for transit or entry for an intended stay in that Member  

State or in several Member States. The nature of the visa shall be  

determined in accordance with the following definitions: 

— ‘long-stay visa’ means an authorisation or decision issued by  

one of the Member States in accordance with its national law or  

Union law required for entry for an intended stay in that  

Member State of more than three months, 

— ‘short-stay visa’ means an authorisation or decision of a  

Member State with a view to transit through or an intended  

stay on the territory of one or more or all the Member States of  

a duration of no more than three months in any six-month  

period beginning on the date of first entry on the territory of  

the Member States, 

— ‘airport transit visa’ means a visa valid for transit through the  

international transit areas of one or more airports of the  

Member States; 

(n) ‘risk of absconding’ means the existence of reasons in an indi 

vidual case, which are based on objective criteria defined by law,  

to believe that an applicant or a third-country national or a stateless  

person who is subject to a transfer procedure may abscond. 

CHAPTER II 

GENERAL PRINCIPLES AND SAFEGUARDS 

Article 3 

Access to the procedure for examining an application for  

international protection 

1. Member States shall examine any application for international  

protection by a third-country national or a stateless person who  

applies on the territory of any one of them, including at the border or  

in the transit zones. The application shall be examined by a single  

Member State, which shall be the one which the criteria set out in  

Chapter III indicate is responsible. 

2. Where no Member State responsible can be designated on the  

basis of the criteria listed in this Regulation, the first Member State  

in which the application for international protection was lodged shall  

be responsible for examining it. 

Where it is impossible to transfer an applicant to the Member State  

primarily designated as responsible because there are substantial  

grounds for believing that there are systemic flaws in the asylum  

procedure and in the reception conditions for applicants in that  

Member State, resulting in a risk of inhuman or degrading treatment  

within the meaning of Article 4 of the Charter of Fundamental Rights of  

the European Union, the determining Member State shall continue to  

examine the criteria set out in Chapter III in order to establish whether  

another Member State can be designated as responsible. 

Where the transfer cannot be made pursuant to this paragraph to any  

Member State designated on the basis of the criteria set out in Chapter  

III or to the first Member State with which the application was lodged,  

the determining Member State shall become the Member State  

responsible. 

02013R0604 — EN — 29.06.2013 — 000.001 — 5

▼B 

3. Any Member State shall retain the right to send an applicant to a  

safe third country, subject to the rules and safeguards laid down in  

Directive 2013/32/EU. 

Article 4 

Right to information 

1. As soon as an application for international protection is lodged  

within the meaning of Article 20(2) in a Member State, its competent  

authorities shall inform the applicant of the application of this Regu 

lation, and in particular of: 

(a) the objectives of this Regulation and the consequences of making  

another application in a different Member State as well as the  

consequences of moving from one Member State to another  

during the phases in which the Member State responsible under  

this Regulation is being determined and the application for inter 

national protection is being examined; 

(b) the criteria for determining the Member State responsible, the  

hierarchy of such criteria in the different steps of the procedure  

and their duration, including the fact that an application for inter 

national protection lodged in one Member State can result in that  

Member State becoming responsible under this Regulation even if  

such responsibility is not based on those criteria; 

(c) the personal interview pursuant to Article 5 and the possibility of  

submitting information regarding the presence of family members,  

relatives or any other family relations in the Member States,  

including the means by which the applicant can submit such  

information; 

(d) the possibility to challenge a transfer decision and, where  

applicable, to apply for a suspension of the transfer; 

(e) the fact that the competent authorities of Member States can  

exchange data on him or her for the sole purpose of implementing  

their obligations arising under this Regulation; 

(f) the right of access to data relating to him or her and the right to  

request that such data be corrected if inaccurate or be deleted if  

unlawfully processed, as well as the procedures for exercising those  

rights, including the contact details of the authorities referred to in  

Article 35 and of the national data protection authorities responsible  

for hearing claims concerning the protection of personal data. 

2. The information referred to in paragraph 1 shall be provided in  

writing in a language that the applicant understands or is reasonably  

supposed to understand. Member States shall use the common leaflet  

drawn up pursuant to paragraph 3 for that purpose. 

Where necessary for the proper understanding of the applicant, the  

information shall also be supplied orally, for example in connection  

with the personal interview as referred to in Article 5. 

3. The Commission shall, by means of implementing acts, draw up a  

common leaflet, as well as a specific leaflet for unaccompanied minors,  

containing at least the information referred to in paragraph 1 of this  

Article. This common leaflet shall also include information regarding  

the application of Regulation (EU) No 603/2013 and, in particular, the 

02013R0604 — EN — 29.06.2013 — 000.001 — 6

▼B 

purpose for which the data of an applicant may be processed within  

Eurodac. The common leaflet shall be established in such a manner as  

to enable Member States to complete it with additional Member  

State-specific information. Those implementing acts shall be adopted  

in accordance with the examination procedure referred to in Article 44(2)  

of this Regulation. 

Article 5 

Personal interview 

1. In order to facilitate the process of determining the Member State  

responsible, the determining Member State shall conduct a personal  

interview with the applicant. The interview shall also allow the proper  

understanding of the information supplied to the applicant in accordance  

with Article 4. 

2. The personal interview may be omitted if: 

(a) the applicant has absconded; or 

(b) after having received the information referred to in Article 4, the  

applicant has already provided the information relevant to determine  

the Member State responsible by other means. The Member State  

omitting the interview shall give the applicant the opportunity to  

present all further information which is relevant to correctly  

determine the Member State responsible before a decision is taken  

to transfer the applicant to the Member State responsible pursuant to  

Article 26(1). 

3. The personal interview shall take place in a timely manner and, in  

any event, before any decision is taken to transfer the applicant to the  

Member State responsible pursuant to Article 26(1). 

4. The personal interview shall be conducted in a language that the  

applicant understands or is reasonably supposed to understand and in  

which he or she is able to communicate. Where necessary, Member  

States shall have recourse to an interpreter who is able to ensure appro 

priate communication between the applicant and the person conducting  

the personal interview. 

5. The personal interview shall take place under conditions which  

ensure appropriate confidentiality. It shall be conducted by a qualified  

person under national law. 

6. The Member State conducting the personal interview shall make a  

written summary thereof which shall contain at least the main  

information supplied by the applicant at the interview. This summary  

may either take the form of a report or a standard form. The Member  

State shall ensure that the applicant and/or the legal advisor or other  

counsellor who is representing the applicant have timely access to the  

summary. 

Article 6 

Guarantees for minors 

1. The best interests of the child shall be a primary consideration for  

Member States with respect to all procedures provided for in this Regu 

lation. 

02013R0604 — EN — 29.06.2013 — 000.001 — 7

▼B 

2. Member States shall ensure that a representative represents and/or  

assists an unaccompanied minor with respect to all procedures provided  

for in this Regulation. The representative shall have the qualifications  

and expertise to ensure that the best interests of the minor are taken into  

consideration during the procedures carried out under this Regulation.  

Such representative shall have access to the content of the relevant  

documents in the applicant’s file including the specific leaflet for  

unaccompanied minors. 

This paragraph shall be without prejudice to the relevant provisions in  

Article 25 of Directive 2013/32/EU. 

3. In assessing the best interests of the child, Member States shall  

closely cooperate with each other and shall, in particular, take due  

account of the following factors: 

(a) family reunification possibilities; 

(b) the minor’s well-being and social development; 

(c) safety and security considerations, in particular where there is a risk  

of the minor being a victim of human trafficking; 

(d) the views of the minor, in accordance with his or her age and  

maturity. 

4. For the purpose of applying Article 8, the Member State where the  

unaccompanied minor lodged an application for international protection  

shall, as soon as possible, take appropriate action to identify the family  

members, siblings or relatives of the unaccompanied minor on the  

territory of Member States, whilst protecting the best interests of the  

child. 

To that end, that Member State may call for the assistance of inter 

national or other relevant organisations, and may facilitate the minor’s  

access to the tracing services of such organisations. 

The staff of the competent authorities referred to in Article 35 who deal  

with requests concerning unaccompanied minors shall have received,  

and shall continue to receive, appropriate training concerning the  

specific needs of minors. 

5. With a view to facilitating the appropriate action to identify the  

family members, siblings or relatives of the unaccompanied minor living  

in the territory of another Member State pursuant to paragraph 4 of this  

Article, the Commission shall adopt implementing acts including a  

standard form for the exchange of relevant information between  

Member States. Those implementing acts shall be adopted in accordance  

with the examination procedure referred to in Article 44(2). 

CHAPTER III 

CRITERIA FOR DETERMINING THE MEMBER STATE  

RESPONSIBLE 

Article 7 

Hierarchy of criteria 

1. The criteria for determining the Member State responsible shall be  

applied in the order in which they are set out in this Chapter. 

02013R0604 — EN — 29.06.2013 — 000.001 — 8

▼B 

2. The Member State responsible in accordance with the criteria set  

out in this Chapter shall be determined on the basis of the situation  

obtaining when the applicant first lodged his or her application for  

international protection with a Member State. 

3. In view of the application of the criteria referred to in Articles 8,  

10 and 16, Member States shall take into consideration any available  

evidence regarding the presence, on the territory of a Member State, of  

family members, relatives or any other family relations of the applicant,  

on condition that such evidence is produced before another Member  

State accepts the request to take charge or take back the person  

concerned, pursuant to Articles 22 and 25 respectively, and that the  

previous applications for international protection of the applicant have  

not yet been the subject of a first decision regarding the substance. 

Article 8 

Minors 

1. Where the applicant is an unaccompanied minor, the Member  

State responsible shall be that where a family member or a sibling of  

the unaccompanied minor is legally present, provided that it is in the  

best interests of the minor. Where the applicant is a married minor  

whose spouse is not legally present on the territory of the Member  

States, the Member State responsible shall be the Member State  

where the father, mother or other adult responsible for the minor,  

whether by law or by the practice of that Member State, or sibling is  

legally present. 

2. Where the applicant is an unaccompanied minor who has a  

relative who is legally present in another Member State and where it  

is established, based on an individual examination, that the relative can  

take care of him or her, that Member State shall unite the minor with his  

or her relative and shall be the Member State responsible, provided that  

it is in the best interests of the minor. 

3. Where family members, siblings or relatives as referred to in  

paragraphs 1 and 2, stay in more than one Member State, the  

Member State responsible shall be decided on the basis of what is in  

the best interests of the unaccompanied minor. 

4. In the absence of a family member, a sibling or a relative as  

referred to in paragraphs 1 and 2, the Member State responsible shall  

be that where the unaccompanied minor has lodged his or her appli 

cation for international protection, provided that it is in the best interests  

of the minor. 

5. The Commission shall be empowered to adopt delegated acts in  

accordance with Article 45 concerning the identification of family  

members, siblings or relatives of the unaccompanied minor; the  

criteria for establishing the existence of proven family links; the  

criteria for assessing the capacity of a relative to take care of the  

unaccompanied minor, including where family members, siblings or  

relatives of the unaccompanied minor stay in more than one Member  

State. In exercising its powers to adopt delegated acts, the Commission  

shall not exceed the scope of the best interests of the child as provided  

for under Article 6(3). 

6. The Commission shall, by means of implementing acts, establish  

uniform conditions for the consultation and the exchange of information  

between Member States. Those implementing acts shall be adopted in  

accordance with the examination procedure referred to in Article 44(2). 

02013R0604 — EN — 29.06.2013 — 000.001 — 9 

▼B 

Article 9 

Family members who are beneficiaries of international protection 

Where the applicant has a family member, regardless of whether the  family was previously formed in the country of origin, who has been  allowed to reside as a beneficiary of international protection in a  Member State, that Member State shall be responsible for examining  the application for international protection, provided that the persons  concerned expressed their desire in writing. 

Article 10 

Family members who are applicants for international protection 

If the applicant has a family member in a Member State whose application  for international protection in that Member State has not yet been the subject  of a first decision regarding the substance, that Member State shall be  responsible for examining the application for international protection,  provided that the persons concerned expressed their desire in writing. 

Article 11 

Family procedure 

Where several family members and/or minor unmarried siblings submit  applications for international protection in the same Member State  simultaneously, or on dates close enough for the procedures for deter mining the Member State responsible to be conducted together, and  where the application of the criteria set out in this Regulation would  lead to their being separated, the Member State responsible shall be  determined on the basis of the following provisions: 

(a) responsibility for examining the applications for international protection  of all the family members and/or minor unmarried siblings shall lie with  the Member State which the criteria indicate is responsible for taking  charge of the largest number of them; 

(b) failing this, responsibility shall lie with the Member State which the  criteria indicate is responsible for examining the application of the  oldest of them. 

Article 12 

Issue of residence documents or visas 

1. Where the applicant is in possession of a valid residence  document, the Member State which issued the document shall be  responsible for examining the application for international protection. 
2. Where the applicant is in possession of a valid visa, the Member  State which issued the visa shall be responsible for examining the appli cation for international protection, unless the visa was issued on behalf of  another Member State under a representation arrangement as provided for  in Article 8 of Regulation (EC) No 810/2009 of the European Parliament  and of the Council, of 13 July 2009, establishing a Community Code on  Visas (1). In such a case, the represented Member State shall be responsible  for examining the application for international protection. 

(1) OJ L 243, 15.9.2009, p. 1.

02013R0604 — EN — 29.06.2013 — 000.001 — 10

▼B 

3. Where the applicant is in possession of more than one valid  

residence document or visa issued by different Member States, the  

responsibility for examining the application for international protection  

shall be assumed by the Member States in the following order: 

(a) the Member State which issued the residence document conferring  

the right to the longest period of residency or, where the periods of  

validity are identical, the Member State which issued the residence  

document having the latest expiry date; 

(b) the Member State which issued the visa having the latest expiry  

date where the various visas are of the same type; 

(c) where visas are of different kinds, the Member State which issued  

the visa having the longest period of validity or, where the periods  

of validity are identical, the Member State which issued the visa  

having the latest expiry date. 

4. Where the applicant is in possession only of one or more residence  

documents which have expired less than two years previously or one or  

more visas which have expired less than six months previously and  

which enabled him or her actually to enter the territory of a Member  

State, paragraphs 1, 2 and 3 shall apply for such time as the applicant  

has not left the territories of the Member States. 

Where the applicant is in possession of one or more residence documents  

which have expired more than two years previously or one or more visas  

which have expired more than six months previously and enabled him or her  

actually to enter the territory of a Member State and where he has not left the  

territories of the Member States, the Member State in which the application  

for international protection is lodged shall be responsible. 

5. The fact that the residence document or visa was issued on the basis of  

a false or assumed identity or on submission of forged, counterfeit or invalid  

documents shall not prevent responsibility being allocated to the Member  

State which issued it. However, the Member State issuing the residence  

document or visa shall not be responsible if it can establish that a fraud  

was committed after the document or visa had been issued. 

Article 13 

Entry and/or stay 

1. Where it is established, on the basis of proof or circumstantial  

evidence as described in the two lists mentioned in Article 22(3) of this  

Regulation, including the data referred to in Regulation (EU) No 603/2013,  

that an applicant has irregularly crossed the border into a Member State by  

land, sea or air having come from a third country, the Member State thus  

entered shall be responsible for examining the application for international  

protection. That responsibility shall cease 12 months after the date on which  

the irregular border crossing took place. 

2. When a Member State cannot or can no longer be held responsible in  

accordance with paragraph 1 of this Article and where it is established, on  

the basis of proof or circumstantial evidence as described in the two lists  

mentioned in Article 22(3), that the applicant — who has entered the terri 

tories of the Member States irregularly or whose circumstances of entry  

cannot be established — has been living for a continuous period of at  

least five months in a Member State before lodging the application for  

international protection, that Member State shall be responsible for  

examining the application for international protection. 

02013R0604 — EN — 29.06.2013 — 000.001 — 11

▼B 

If the applicant has been living for periods of time of at least five  

months in several Member States, the Member State where he or she  

has been living most recently shall be responsible for examining the  

application for international protection. 

Article 14 

Visa waived entry 

1. If a third-country national or a stateless person enters into the  

territory of a Member State in which the need for him or her to have  

a visa is waived, that Member State shall be responsible for examining  

his or her application for international protection. 

2. The principle set out in paragraph 1 shall not apply if the  

third-country national or the stateless person lodges his or her appli 

cation for international protection in another Member State in which the  

need for him or her to have a visa for entry into the territory is also  

waived. In that case, that other Member State shall be responsible for  

examining the application for international protection. 

Article 15 

Application in an international transit area of an airport 

Where the application for international protection is made in the inter 

national transit area of an airport of a Member State by a third-country  

national or a stateless person, that Member State shall be responsible for  

examining the application. 

CHAPTER IV 

DEPENDENT PERSONS AND DISCRETIONARY CLAUSES 

Article 16 

Dependent persons 

1. Where, on account of pregnancy, a new-born child, serious illness,  

severe disability or old age, an applicant is dependent on the assistance  

of his or her child, sibling or parent legally resident in one of the  

Member States, or his or her child, sibling or parent legally resident  

in one of the Member States is dependent on the assistance of the  

applicant, Member States shall normally keep or bring together the  

applicant with that child, sibling or parent, provided that family ties  

existed in the country of origin, that the child, sibling or parent or  

the applicant is able to take care of the dependent person and that the  

persons concerned expressed their desire in writing. 

2. Where the child, sibling or parent referred to in paragraph 1 is  

legally resident in a Member State other than the one where the  

applicant is present, the Member State responsible shall be the one  

where the child, sibling or parent is legally resident unless the  

applicant’s health prevents him or her from travelling to that Member  

State for a significant period of time. In such a case, the Member State  

responsible shall be the one where the applicant is present. Such  

Member State shall not be subject to the obligation to bring the child,  

sibling or parent of the applicant to its territory. 

02013R0604 — EN — 29.06.2013 — 000.001 — 12

▼B 

3. The Commission shall be empowered to adopt delegated acts in  

accordance with Article 45 concerning the elements to be taken into  

account in order to assess the dependency link, the criteria for estab 

lishing the existence of proven family links, the criteria for assessing the  

capacity of the person concerned to take care of the dependent person  

and the elements to be taken into account in order to assess the inability  

to travel for a significant period of time. 

4. The Commission shall, by means of implementing acts, establish  

uniform conditions for the consultation and exchange of information  

between Member States. Those implementing acts shall be adopted in  

accordance with the examination procedure referred to in Article 44(2). 

Article 17 

Discretionary clauses 

1. By way of derogation from Article 3(1), each Member State may  

decide to examine an application for international protection lodged  

with it by a third-country national or a stateless person, even if such  

examination is not its responsibility under the criteria laid down in this  

Regulation. 

The Member State which decides to examine an application for inter 

national protection pursuant to this paragraph shall become the Member  

State responsible and shall assume the obligations associated with that  

responsibility. Where applicable, it shall inform, using the ‘DubliNet’  

electronic communication network set up under Article 18 of Regu 

lation (EC) No 1560/2003, the Member State previously responsible,  

the Member State conducting a procedure for determining the Member  

State responsible or the Member State which has been requested to take  

charge of, or to take back, the applicant. 

The Member State which becomes responsible pursuant to this  

paragraph shall forthwith indicate it in Eurodac in accordance with  

Regulation (EU) No 603/2013 by adding the date when the decision  

to examine the application was taken. 

2. The Member State in which an application for international  

protection is made and which is carrying out the process of determining  

the Member State responsible, or the Member State responsible, may, at  

any time before a first decision regarding the substance is taken, request  

another Member State to take charge of an applicant in order to bring  

together any family relations, on humanitarian grounds based in particular  

on family or cultural considerations, even where that other Member State  

is not responsible under the criteria laid down in Articles 8 to 11 and 16.  

The persons concerned must express their consent in writing. 

The request to take charge shall contain all the material in the  

possession of the requesting Member State to allow the requested  

Member State to assess the situation. 

The requested Member State shall carry out any necessary checks to  

examine the humanitarian grounds cited, and shall reply to the  

requesting Member State within two months of receipt of the request  

using the ‘DubliNet’ electronic communication network set up under  

Article 18 of Regulation (EC) No 1560/2003. A reply refusing the  

request shall state the reasons on which the refusal is based. 

Where the requested Member State accepts the request, responsibility  

for examining the application shall be transferred to it. 

02013R0604 — EN — 29.06.2013 — 000.001 — 13

▼B 

CHAPTER V 

OBLIGATIONS OF THE MEMBER STATE RESPONSIBLE 

Article 18 

Obligations of the Member State responsible 

1. The Member State responsible under this Regulation shall be  obliged to: 

(a) take charge, under the conditions laid down in Articles 21, 22 and  29, of an applicant who has lodged an application in a different  Member State; 

(b) take back, under the conditions laid down in Articles 23, 24, 25 and  29, an applicant whose application is under examination and who  made an application in another Member State or who is on the  territory of another Member State without a residence document; 

(c) take back, under the conditions laid down in Articles 23, 24, 25 and  29, a third-country national or a stateless person who has withdrawn  the application under examination and made an application in  another Member State or who is on the territory of another  Member State without a residence document; 

(d) take back, under the conditions laid down in Articles 23, 24, 25 and 29,  a third-country national or a stateless person whose application has been  rejected and who made an application in another Member State or who is  on the territory of another Member State without a residence document. 

2. In the cases falling within the scope of paragraph 1(a) and (b), the  Member State responsible shall examine or complete the examination of  the application for international protection made by the applicant. 

In the cases falling within the scope of paragraph 1(c), when the Member  State responsible had discontinued the examination of an application  following its withdrawal by the applicant before a decision on the  substance has been taken at first instance, that Member State shall  ensure that the applicant is entitled to request that the examination of his  or her application be completed or to lodge a new application for inter 

national protection, which shall not be treated as a subsequent application  as provided for in Directive 2013/32/EU. In such cases, Member States  shall ensure that the examination of the application is completed. 

In the cases falling within the scope of paragraph 1(d), where the  application has been rejected at first instance only, the Member State  responsible shall ensure that the person concerned has or has had the  opportunity to seek an effective remedy pursuant to Article 46 of  Directive 2013/32/EU. 

Article 19 

Cessation of responsibilities 

1. Where a Member State issues a residence document to the  applicant, the obligations specified in Article 18(1) shall be transferred  to that Member State. 
2. The obligations specified in Article 18(1) shall cease where the  Member State responsible can establish, when requested to take charge  or take back an applicant or another person as referred to in 

02013R0604 — EN — 29.06.2013 — 000.001 — 14

▼B 

Article 18(1)(c) or (d), that the person concerned has left the territory of  

the Member States for at least three months, unless the person  

concerned is in possession of a valid residence document issued by  

the Member State responsible. 

An application lodged after the period of absence referred to in the first  

subparagraph shall be regarded as a new application giving rise to a  

new procedure for determining the Member State responsible. 

3. The obligations specified in Article 18(1)(c) and (d) shall cease  

where the Member State responsible can establish, when requested to  

take back an applicant or another person as referred to in Article 18(1)(c)  

or (d), that the person concerned has left the territory of the Member  

States in compliance with a return decision or removal order issued  

following the withdrawal or rejection of the application. 

An application lodged after an effective removal has taken place shall  

be regarded as a new application giving rise to a new procedure for  

determining the Member State responsible. 

CHAPTER VI 

PROCEDURES FOR TAKING CHARGE AND TAKING BACK 

SECTION I 

Start of the procedure 

Article 20 

Start of the procedure 

1. The process of determining the Member State responsible shall  

start as soon as an application for international protection is first  

lodged with a Member State. 

2. An application for international protection shall be deemed to have  

been lodged once a form submitted by the applicant or a report prepared  

by the authorities has reached the competent authorities of the Member  

State concerned. Where an application is not made in writing, the time  

elapsing between the statement of intention and the preparation of a  

report should be as short as possible. 

3. For the purposes of this Regulation, the situation of a minor who  

is accompanying the applicant and meets the definition of family  

member shall be indissociable from that of his or her family member  

and shall be a matter for the Member State responsible for examining  

the application for international protection of that family member, even  

if the minor is not individually an applicant, provided that it is in the  

minor’s best interests. The same treatment shall be applied to children  

born after the applicant arrives on the territory of the Member States,  

without the need to initiate a new procedure for taking charge of them. 

4. Where an application for international protection is lodged with the  

competent authorities of a Member State by an applicant who is on the  

territory of another Member State, the determination of the Member State  

responsible shall be made by the Member State in whose territory the  

applicant is present. The latter Member State shall be informed without  

delay by the Member State which received the application and shall then,  

for the purposes of this Regulation, be regarded as the Member State with  

which the application for international protection was lodged. 

02013R0604 — EN — 29.06.2013 — 000.001 — 15

▼B 

The applicant shall be informed in writing of this change in the deter 

mining Member State and of the date on which it took place. 

5. An applicant who is present in another Member State without a  

residence document or who there lodges an application for international  

protection after withdrawing his or her first application made in a  

different Member State during the process of determining the Member  

State responsible shall be taken back, under the conditions laid down in  

Articles 23, 24, 25 and 29, by the Member State with which that  

application for international protection was first lodged, with a view  

to completing the process of determining the Member State responsible. 

That obligation shall cease where the Member State requested to  

complete the process of determining the Member State responsible  

can establish that the applicant has in the meantime left the territory  

of the Member States for a period of at least three months or has  

obtained a residence document from another Member State. 

An application lodged after the period of absence referred to in the  

second subparagraph shall be regarded as a new application giving  

rise to a new procedure for determining the Member State responsible. 

SECTION II 

Procedures for take charge requests 

Article 21 

Submitting a take charge request 

1. Where a Member State with which an application for international  

protection has been lodged considers that another Member State is  

responsible for examining the application, it may, as quickly as  

possible and in any event within three months of the date on which  

the application was lodged within the meaning of Article 20(2), request  

that other Member State to take charge of the applicant. 

Notwithstanding the first subparagraph, in the case of a Eurodac hit  

with data recorded pursuant to Article 14 of Regulation (EU)  

No 603/2013, the request shall be sent within two months of  

receiving that hit pursuant to Article 15(2) of that Regulation. 

Where the request to take charge of an applicant is not made within the  

periods laid down in the first and second subparagraphs, responsibility  

for examining the application for international protection shall lie with  

the Member State in which the application was lodged. 

2. The requesting Member State may ask for an urgent reply in cases  

where the application for international protection was lodged after leave  

to enter or remain was refused, after an arrest for an unlawful stay or  

after the service or execution of a removal order. 

The request shall state the reasons warranting an urgent reply and the period  

within which a reply is expected. That period shall be at least one week. 

3. In the cases referred to in paragraphs 1 and 2, the request that  

charge be taken by another Member State shall be made using a  

standard form and including proof or circumstantial evidence as  

described in the two lists mentioned in Article 22(3) and/or relevant  

elements from the applicant’s statement, enabling the authorities of the  

requested Member State to check whether it is responsible on the basis  

of the criteria laid down in this Regulation. 

02013R0604 — EN — 29.06.2013 — 000.001 — 16

▼B 

The Commission shall, by means of implementing acts, adopt uniform  

conditions on the preparation and submission of take charge requests.  

Those implementing acts shall be adopted in accordance with the exam 

ination procedure referred to in Article 44(2). 

Article 22 

Replying to a take charge request 

1. The requested Member State shall make the necessary checks, and  

shall give a decision on the request to take charge of an applicant within  

two months of receipt of the request. 

2. In the procedure for determining the Member State responsible  

elements of proof and circumstantial evidence shall be used. 

3. The Commission shall, by means of implementing acts, establish,  

and review periodically, two lists, indicating the relevant elements of  

proof and circumstantial evidence in accordance with the criteria set out  

in points (a) and (b) of this paragraph. Those implementing acts shall be  

adopted in accordance with the examination procedure referred to in  

Article 44(2). 

(a) Proof: 

(i) this refers to formal proof which determines responsibility  

pursuant to this Regulation, as long as it is not refuted by  

proof to the contrary; 

(ii) the Member States shall provide the Committee provided for in  

Article 44 with models of the different types of administrative  

documents, in accordance with the typology established in the  

list of formal proofs; 

(b) Circumstantial evidence: 

(i) this refers to indicative elements which while being refutable  

may be sufficient, in certain cases, according to the evidentiary  

value attributed to them; 

(ii) their evidentiary value, in relation to the responsibility for  

examining the application for international protection shall be  

assessed on a case-by-case basis. 

4. The requirement of proof should not exceed what is necessary for  

the proper application of this Regulation. 

5. If there is no formal proof, the requested Member State shall  

acknowledge its responsibility if the circumstantial evidence is  

coherent, verifiable and sufficiently detailed to establish responsibility. 

6. Where the requesting Member State has pleaded urgency in  

accordance with the provisions of Article 21(2), the requested Member  

State shall make every effort to comply with the time limit requested. In  

exceptional cases, where it can be demonstrated that the examination of a  

request for taking charge of an applicant is particularly complex, the  

requested Member State may give its reply after the time limit requested,  

but in any event within one month. In such situations the requested  

Member State must communicate its decision to postpone a reply to the  

requesting Member State within the time limit originally requested. 

02013R0604 — EN — 29.06.2013 — 000.001 — 17

▼B 

7. Failure to act within the two-month period mentioned in paragraph  

1 and the one-month period mentioned in paragraph 6 shall be  

tantamount to accepting the request, and entail the obligation to take  

charge of the person, including the obligation to provide for proper  

arrangements for arrival. 

SECTION III 

Procedures for take back requests 

Article 23 

Submitting a take back request when a new application has been  

lodged in the requesting Member State 

1. Where a Member State with which a person as referred to in  

Article 18(1)(b), (c) or (d) has lodged a new application for international  

protection considers that another Member State is responsible in  

accordance with Article 20(5) and Article 18(1)(b), (c) or (d), it may  

request that other Member State to take back that person. 

2. A take back request shall be made as quickly as possible and in  

any event within two months of receiving the Eurodac hit, pursuant to  

Article 9(5) of Regulation (EU) No 603/2013. 

If the take back request is based on evidence other than data obtained  

from the Eurodac system, it shall be sent to the requested Member State  

within three months of the date on which the application for inter 

national protection was lodged within the meaning of Article 20(2). 

3. Where the take back request is not made within the periods laid  

down in paragraph 2, responsibility for examining the application for  

international protection shall lie with the Member State in which the  

new application was lodged. 

4. A take back request shall be made using a standard form and shall  

include proof or circumstantial evidence as described in the two lists  

mentioned in Article 22(3) and/or relevant elements from the statements  

of the person concerned, enabling the authorities of the requested  

Member State to check whether it is responsible on the basis of the  

criteria laid down in this Regulation. 

The Commission shall, by means of implementing acts, adopt uniform  

conditions for the preparation and submission of take back requests.  

Those implementing acts shall be adopted in accordance with the exam 

ination procedure referred to in Article 44(2). 

Article 24 

Submitting a take back request when no new application has been  

lodged in the requesting Member State 

1. Where a Member State on whose territory a person as referred to  

in Article 18(1)(b), (c) or (d) is staying without a residence document  

and with which no new application for international protection has been  

lodged considers that another Member State is responsible in accordance  

with Article 20(5) and Article 18(1)(b), (c) or (d), it may request that  

other Member State to take back that person. 

2. By way of derogation from Article 6(2) of Directive 2008/115/EC  

of the European Parliament and of the Council of 16 December 2008 on  

common standards and procedures in Member States for returning 

02013R0604 — EN — 29.06.2013 — 000.001 — 18 

▼B 

illegally staying third-country nationals (1), where a Member State on  

whose territory a person is staying without a residence document  

decides to search the Eurodac system in accordance with Article 17  

of Regulation (EU) No 603/2013, the request to take back a person  

as referred to in Article 18(1)(b) or (c) of this Regulation, or a  

person as referred to in its Article 18(1)(d) whose application for inter 

national protection has not been rejected by a final decision, shall be  

made as quickly as possible and in any event within two months of  

receipt of the Eurodac hit, pursuant to Article 17(5) of Regulation (EU)  

No 603/2013. 

If the take back request is based on evidence other than data obtained  

from the Eurodac system, it shall be sent to the requested Member State  

within three months of the date on which the requesting Member State  

becomes aware that another Member State may be responsible for the  

person concerned. 

3. Where the take back request is not made within the periods laid  

down in paragraph 2, the Member State on whose territory the person  

concerned is staying without a residence document shall give that  

person the opportunity to lodge a new application. 

4. Where a person as referred to in Article 18(1)(d) of this Regu 

lation whose application for international protection has been rejected  

by a final decision in one Member State is on the territory of another  

Member State without a residence document, the latter Member State  

may either request the former Member State to take back the person  

concerned or carry out a return procedure in accordance with Directive  

2008/115/EC. 

When the latter Member State decides to request the former Member  

State to take back the person concerned, the rules laid down in Directive  

2008/115/EC shall not apply. 

5. The request for the person referred to in Article 18(1)(b), (c) or (d)  

to be taken back shall be made using a standard form and shall include  

proof or circumstantial evidence as described in the two lists mentioned  

in Article 22(3) and/or relevant elements from the person’s statements,  

enabling the authorities of the requested Member State to check whether  

it is responsible on the basis of the criteria laid down in this Regulation. 

The Commission shall, by means of implementing acts, establish and  

review periodically two lists indicating the relevant elements of proof  

and circumstantial evidence in accordance with the criteria set out in  

Article 22(3)(a) and (b), and shall adopt uniform conditions for the  

preparation and submission of take back requests. Those implementing  

acts shall be adopted in accordance with the examination procedure  

referred to in Article 44(2). 

Article 25 

Replying to a take back request 

1. The requested Member State shall make the necessary checks and  

shall give a decision on the request to take back the person concerned as  

quickly as possible and in any event no later than one month from the  

date on which the request was received. When the request is based on  

data obtained from the Eurodac system, that time limit shall be reduced  

to two weeks. 

(1) OJ L 348, 24.12.2008, p. 98.

02013R0604 — EN — 29.06.2013 — 000.001 — 19

▼B 

2. Failure to act within the one month period or the two weeks period  

mentioned in paragraph 1 shall be tantamount to accepting the request, and  

shall entail the obligation to take back the person concerned, including the  

obligation to provide for proper arrangements for arrival. 

SECTION IV 

Procedural safeguards 

Article 26 

Notification of a transfer decision 

1. Where the requested Member State accepts to take charge of or to  

take back an applicant or other person as referred to in Article 18(1)(c) or  

(d), the requesting Member State shall notify the person concerned of the  

decision to transfer him or her to the Member State responsible and, where  

applicable, of not examining his or her application for international  

protection. If a legal advisor or other counsellor is representing the  

person concerned, Member States may choose to notify the decision to  

such legal advisor or counsellor instead of to the person concerned and,  

where applicable, communicate the decision to the person concerned. 

2. The decision referred to in paragraph 1 shall contain information  

on the legal remedies available, including on the right to apply for  

suspensive effect, where applicable, and on the time limits applicable  

for seeking such remedies and for carrying out the transfer, and shall, if  

necessary, contain information on the place where, and the date on  

which, the person concerned should appear, if that person is travelling  

to the Member State responsible by his or her own means. 

Member States shall ensure that information on persons or entities that  

may provide legal assistance to the person concerned is communicated  

to the person concerned together with the decision referred to in  

paragraph 1, when that information has not been already communicated. 

3. When the person concerned is not assisted or represented by a  

legal advisor or other counsellor, Member States shall inform him or her  

of the main elements of the decision, which shall always include  

information on the legal remedies available and the time limits  

applicable for seeking such remedies, in a language that the person  

concerned understands or is reasonably supposed to understand. 

Article 27 

Remedies 

1. The applicant or another person as referred to in Article 18(1)(c)  

or (d) shall have the right to an effective remedy, in the form of an  

appeal or a review, in fact and in law, against a transfer decision, before  

a court or tribunal. 

2. Member States shall provide for a reasonable period of time within  

which the person concerned may exercise his or her right to an effective  

remedy pursuant to paragraph 1. 

3. For the purposes of appeals against, or reviews of, transfer  

decisions, Member States shall provide in their national law that: 

(a) the appeal or review confers upon the person concerned the right to  

remain in the Member State concerned pending the outcome of the  

appeal or review; or 

02013R0604 — EN — 29.06.2013 — 000.001 — 20

▼B 

(b) the transfer is automatically suspended and such suspension lapses  

after a certain reasonable period of time, during which a court or a  

tribunal, after a close and rigorous scrutiny, shall have taken a decision  

whether to grant suspensive effect to an appeal or review; or 

(c) the person concerned has the opportunity to request within a reasonable  

period of time a court or tribunal to suspend the implementation of the  

transfer decision pending the outcome of his or her appeal or review.  

Member States shall ensure that an effective remedy is in place by  

suspending the transfer until the decision on the first suspension  

request is taken. Any decision on whether to suspend the implemen 

tation of the transfer decision shall be taken within a reasonable period  

of time, while permitting a close and rigorous scrutiny of the suspension  

request. A decision not to suspend the implementation of the transfer  

decision shall state the reasons on which it is based. 

4. Member States may provide that the competent authorities may  

decide, acting ex officio, to suspend the implementation of the transfer  

decision pending the outcome of the appeal or review. 

5. Member States shall ensure that the person concerned has access  

to legal assistance and, where necessary, to linguistic assistance. 

6. Member States shall ensure that legal assistance is granted on  

request free of charge where the person concerned cannot afford the  

costs involved. Member States may provide that, as regards fees and  

other costs, the treatment of applicants shall not be more favourable  

than the treatment generally accorded to their nationals in matters  

pertaining to legal assistance. 

Without arbitrarily restricting access to legal assistance, Member States  

may provide that free legal assistance and representation not be granted  

where the appeal or review is considered by the competent authority or  

a court or tribunal to have no tangible prospect of success. 

Where a decision not to grant free legal assistance and representation  

pursuant to this paragraph is taken by an authority other than a court or  

tribunal, Member States shall provide the right to an effective remedy  

before a court or tribunal to challenge that decision. 

In complying with the requirements set out in this paragraph, Member  

States shall ensure that legal assistance and representation is not  

arbitrarily restricted and that the applicant’s effective access to justice  

is not hindered. 

Legal assistance shall include at least the preparation of the required  

procedural documents and representation before a court or tribunal and  

may be restricted to legal advisors or counsellors specifically designated  

by national law to provide assistance and representation. 

Procedures for access to legal assistance shall be laid down in national law. 

SECTION V 

Detention for the purpose of transfer 

Article 28 

Detention 

1. Member States shall not hold a person in detention for the sole  

reason that he or she is subject to the procedure established by this  

Regulation. 

02013R0604 — EN — 29.06.2013 — 000.001 — 21

▼B 

2. When there is a significant risk of absconding, Member States  

may detain the person concerned in order to secure transfer procedures  

in accordance with this Regulation, on the basis of an individual  

assessment and only in so far as detention is proportional and other  

less coercive alternative measures cannot be applied effectively. 

3. Detention shall be for as short a period as possible and shall be for  

no longer than the time reasonably necessary to fulfil the required  

administrative procedures with due diligence until the transfer under  

this Regulation is carried out. 

Where a person is detained pursuant to this Article, the period for  

submitting a take charge or take back request shall not exceed one  

month from the lodging of the application. The Member State  

carrying out the procedure in accordance with this Regulation shall  

ask for an urgent reply in such cases. Such reply shall be given  

within two weeks of receipt of the request. Failure to reply within the  

two-week period shall be tantamount to accepting the request and shall  

entail the obligation to take charge or take back the person, including  

the obligation to provide for proper arrangements for arrival. 

Where a person is detained pursuant to this Article, the transfer of that  

person from the requesting Member State to the Member State  

responsible shall be carried out as soon as practically possible, and at  

the latest within six weeks of the implicit or explicit acceptance of the  

request by another Member State to take charge or to take back the  

person concerned or of the moment when the appeal or review no  

longer has a suspensive effect in accordance with Article 27(3). 

When the requesting Member State fails to comply with the deadlines  

for submitting a take charge or take back request or where the transfer  

does not take place within the period of six weeks referred to in the  

third subparagraph, the person shall no longer be detained. Articles 21,  

23, 24 and 29 shall continue to apply accordingly. 

4. As regards the detention conditions and the guarantees applicable  

to persons detained, in order to secure the transfer procedures to the  

Member State responsible, Articles 9, 10 and 11 of Directive  

2013/33/EU shall apply. 

SECTION VI 

Transfers 

Article 29 

Modalities and time limits 

1. The transfer of the applicant or of another person as referred to in  

Article 18(1)(c) or (d) from the requesting Member State to the Member  

State responsible shall be carried out in accordance with the national  

law of the requesting Member State, after consultation between the  

Member States concerned, as soon as practically possible, and at the  

latest within six months of acceptance of the request by another  

Member State to take charge or to take back the person concerned or  

of the final decision on an appeal or review where there is a suspensive  

effect in accordance with Article 27(3). 

If transfers to the Member State responsible are carried out by  

supervised departure or under escort, Member States shall ensure that  

they are carried out in a humane manner and with full respect for  

fundamental rights and human dignity. 

02013R0604 — EN — 29.06.2013 — 000.001 — 22

▼B 

If necessary, the applicant shall be supplied by the requesting Member  

State with a laissez passer. The Commission shall, by means of imple 

menting acts, establish the design of the laissez passer. Those imple 

menting acts shall be adopted in accordance with the examination  

procedure referred to in Article 44(2). 

The Member State responsible shall inform the requesting Member  

State, as appropriate, of the safe arrival of the person concerned or of  

the fact that he or she did not appear within the set time limit. 

2. Where the transfer does not take place within the six months’ time  

limit, the Member State responsible shall be relieved of its obligations  

to take charge or to take back the person concerned and responsibility  

shall then be transferred to the requesting Member State. This time limit  

may be extended up to a maximum of one year if the transfer could not  

be carried out due to imprisonment of the person concerned or up to a  

maximum of eighteen months if the person concerned absconds. 

3. If a person has been transferred erroneously or a decision to  

transfer is overturned on appeal or review after the transfer has been  

carried out, the Member State which carried out the transfer shall  

promptly accept that person back. 

4. The Commission shall, by means of implementing acts, establish  

uniform conditions for the consultation and exchange of information  

between Member States, in particular in the event of postponed or  

delayed transfers, transfers following acceptance by default, transfers  

of minors or dependent persons, and supervised transfers. Those imple 

menting acts shall be adopted in accordance with the examination  

procedure referred to in Article 44(2). 

Article 30 

Costs of transfer 

1. The costs necessary to transfer an applicant or another person as  

referred to in Article 18(1)(c) or (d) to the Member State responsible  

shall be met by the transferring Member State. 

2. Where the person concerned has to be transferred back to a  

Member State as a result of an erroneous transfer or of a transfer  

decision that has been overturned on appeal or review after the  

transfer has been carried out, the Member State which initially carried  

out the transfer shall be responsible for the costs of transferring the  

person concerned back to its territory. 

3. Persons to be transferred pursuant to this Regulation shall not be  

required to meet the costs of such transfers. 

Article 31 

Exchange of relevant information before a transfer is carried out 

1. The Member State carrying out the transfer of an applicant or of  

another person as referred to in Article 18(1)(c) or (d) shall  

communicate to the Member State responsible such personal data  

concerning the person to be transferred as is appropriate, relevant and  

non-excessive for the sole purposes of ensuring that the competent  

authorities, in accordance with national law in the Member State  

responsible, are in a position to provide that person with adequate  

assistance, including the provision of immediate health care required 

02013R0604 — EN — 29.06.2013 — 000.001 — 23

▼B 

in order to protect his or her vital interests, and to ensure continuity in  

the protection and rights afforded by this Regulation and by other  

relevant asylum legal instruments. Those data shall be communicated  

to the Member State responsible within a reasonable period of time  

before a transfer is carried out, in order to ensure that its competent  

authorities in accordance with national law have sufficient time to take  

the necessary measures. 

2. The transferring Member State shall, in so far as such information  

is available to the competent authority in accordance with national law,  

transmit to the Member State responsible any information that is  

essential in order to safeguard the rights and immediate special needs  

of the person to be transferred, and in particular: 

(a) any immediate measures which the Member State responsible is  

required to take in order to ensure that the special needs of the  

person to be transferred are adequately addressed, including any  

immediate health care that may be required; 

(b) contact details of family members, relatives or any other family  

relations in the receiving Member State, where applicable; 

(c) in the case of minors, information on their education; 

(d) an assessment of the age of an applicant. 

3. The exchange of information under this Article shall only take place  

between the authorities notified to the Commission in accordance with  

Article 35 of this Regulation using the ‘DubliNet’ electronic communi 

cation network set-up under Article 18 of Regulation (EC) No 1560/2003.  

The information exchanged shall only be used for the purposes set out in  

paragraph 1 of this Article and shall not be further processed. 

4. With a view to facilitating the exchange of information between  

Member States, the Commission shall, by means of implementing acts,  

draw up a standard form for the transfer of the data required pursuant to  

this Article. Those implementing acts shall be adopted in accordance  

with the examination procedure laid down in Article 44(2). 

5. The rules laid down in Article 34(8) to (12) shall apply to the  

exchange of information pursuant to this Article. 

Article 32 

Exchange of health data before a transfer is carried out 

1. For the sole purpose of the provision of medical care or treatment,  

in particular concerning disabled persons, elderly people, pregnant  

women, minors and persons who have been subject to torture, rape or  

other serious forms of psychological, physical and sexual violence, the  

transferring Member State shall, in so far as it is available to the  

competent authority in accordance with national law, transmit to the  

Member State responsible information on any special needs of the  

person to be transferred, which in specific cases may include  

information on that person’s physical or mental health. That information  

shall be transferred in a common health certificate with the necessary  

documents attached. The Member State responsible shall ensure that  

those special needs are adequately addressed, including in particular  

any essential medical care that may be required. 

The Commission shall, by means of implementing acts, draw up the  

common health certificate. Those implementing acts shall be adopted in  

accordance with the examination procedure laid down in Article 44(2). 

02013R0604 — EN — 29.06.2013 — 000.001 — 24

▼B 

2. The transferring Member State shall only transmit the information  

referred to in paragraph 1 to the Member State responsible after having  

obtained the explicit consent of the applicant and/or of his or her repre 

sentative or, if the applicant is physically or legally incapable of giving  

his or her consent, when such transmission is necessary to protect the  

vital interests of the applicant or of another person. The lack of consent,  

including a refusal to consent, shall not constitute an obstacle to the  

transfer. 

3. The processing of personal health data referred to in paragraph 1  

shall only be carried out by a health professional who is subject, under  

national law or rules established by national competent bodies, to the  

obligation of professional secrecy or by another person subject to an  

equivalent obligation of professional secrecy. 

4. The exchange of information under this Article shall only take  

place between the health professionals or other persons referred to in  

paragraph 3. The information exchanged shall only be used for the  

purposes set out in paragraph 1 and shall not be further processed. 

5. The Commission shall, by means of implementing acts, adopt  

uniform conditions and practical arrangements for exchanging the  

information referred to in paragraph 1 of this Article. Those imple 

menting acts shall be adopted in accordance with the examination  

procedure laid down in Article 44(2). 

6. The rules laid down in Article 34(8) to (12) shall apply to the  

exchange of information pursuant to this Article. 

Article 33 

A mechanism for early warning, preparedness and crisis  

management 

1. Where, on the basis of, in particular, the information gathered by  

EASO pursuant to Regulation (EU) No 439/2010, the Commission  

establishes that the application of this Regulation may be jeopardised  

due either to a substantiated risk of particular pressure being placed on a  

Member State’s asylum system and/or to problems in the functioning of  

the asylum system of a Member State, it shall, in cooperation with  

EASO, make recommendations to that Member State, inviting it to  

draw up a preventive action plan. 

The Member State concerned shall inform the Council and the  

Commission whether it intends to present a preventive action plan in  

order to overcome the pressure and/or problems in the functioning of its  

asylum system whilst ensuring the protection of the fundamental rights  

of applicants for international protection. 

A Member State may, at its own discretion and initiative, draw up a  

preventive action plan and subsequent revisions thereof. When drawing  

up a preventive action plan, the Member State may call for the  

assistance of the Commission, other Member States, EASO and other  

relevant Union agencies. 

2. Where a preventive action plan is drawn up, the Member State  

concerned shall submit it and shall regularly report on its implemen 

tation to the Council and to the Commission. The Commission shall  

subsequently inform the European Parliament of the key elements of the  

preventive action plan. The Commission shall submit reports on its  

implementation to the Council and transmit reports on its implemen 

tation to the European Parliament. 

02013R0604 — EN — 29.06.2013 — 000.001 — 25

▼B 

The Member State concerned shall take all appropriate measures to deal  

with the situation of particular pressure on its asylum system or to  

ensure that the deficiencies identified are addressed before the  

situation deteriorates. Where the preventive action plan includes  

measures aimed at addressing particular pressure on a Member State’s  

asylum system which may jeopardise the application of this Regulation,  

the Commission shall seek the advice of EASO before reporting to the  

European Parliament and to the Council. 

3. Where the Commission establishes, on the basis of EASO’s  

analysis, that the implementation of the preventive action plan has not  

remedied the deficiencies identified or where there is a serious risk that  

the asylum situation in the Member State concerned develops into a  

crisis which is unlikely to be remedied by a preventive action plan, the  

Commission, in cooperation with EASO as applicable, may request the  

Member State concerned to draw up a crisis management action plan  

and, where necessary, revisions thereof. The crisis management action  

plan shall ensure, throughout the entire process, compliance with the  

asylum acquis of the Union, in particular with the fundamental rights of  

applicants for international protection. 

Following the request to draw up a crisis management action plan, the  

Member State concerned shall, in cooperation with the Commission and  

EASO, do so promptly, and at the latest within three months of the request. 

The Member State concerned shall submit its crisis management action  

plan and shall report, at least every three months, on its implementation  

to the Commission and other relevant stakeholders, such as EASO, as  

appropriate. 

The Commission shall inform the European Parliament and the Council  

of the crisis management action plan, possible revisions and the imple 

mentation thereof. In those reports, the Member State concerned shall  

report on data to monitor compliance with the crisis management action  

plan, such as the length of the procedure, the detention conditions and  

the reception capacity in relation to the inflow of applicants. 

4. Throughout the entire process for early warning, preparedness and  

crisis management established in this Article, the Council shall closely  

monitor the situation and may request further information and provide  

political guidance, in particular as regards the urgency and severity of  

the situation and thus the need for a Member State to draw up either a  

preventive action plan or, if necessary, a crisis management action plan.  

The European Parliament and the Council may, throughout the entire  

process, discuss and provide guidance on any solidarity measures as  

they deem appropriate. 

CHAPTER VII 

ADMINISTRATIVE COOPERATION 

Article 34 

Information sharing 

1. Each Member State shall communicate to any Member State that  

so requests such personal data concerning the applicant as is appro 

priate, relevant and non-excessive for: 

(a) determining the Member State responsible; 

(b) examining the application for international protection; 

02013R0604 — EN — 29.06.2013 — 000.001 — 26

▼B 

(c) implementing any obligation arising under this Regulation. 

2. The information referred to in paragraph 1 may only cover: 

(a) personal details of the applicant, and, where appropriate, his or her  

family members, relatives or any other family relations (full name  

and where appropriate, former name; nicknames or pseudonyms;  

nationality, present and former; date and place of birth); 

(b) identity and travel papers (references, validity, date of issue, issuing  

authority, place of issue, etc.); 

(c) other information necessary for establishing the identity of the  

applicant, including fingerprints processed in accordance with  

Regulation (EU) No 603/2013; 

(d) places of residence and routes travelled; 

(e) residence documents or visas issued by a Member State; 

(f) the place where the application was lodged; 

(g) the date on which any previous application for international  

protection was lodged, the date on which the present application  

was lodged, the stage reached in the proceedings and the decision  

taken, if any. 

3. Furthermore, provided it is necessary for the examination of the appli 

cation for international protection, the Member State responsible may  

request another Member State to let it know on what grounds the  

applicant bases his or her application and, where applicable, the grounds  

for any decisions taken concerning the applicant. The other Member State  

may refuse to respond to the request submitted to it, if the communication of  

such information is likely to harm its essential interests or the protection of  

the liberties and fundamental rights of the person concerned or of others. In  

any event, communication of the information requested shall be subject to  

the written approval of the applicant for international protection, obtained by  

the requesting Member State. In that case, the applicant must know for what  

specific information he or she is giving his or her approval. 

4. Any request for information shall only be sent in the context of an  

individual application for international protection. It shall set out the  

grounds on which it is based and, where its purpose is to check whether  

there is a criterion that is likely to entail the responsibility of the  

requested Member State, shall state on what evidence, including  

relevant information from reliable sources on the ways and means by  

which applicants enter the territories of the Member States, or on what  

specific and verifiable part of the applicant’s statements it is based. It is  

understood that such relevant information from reliable sources is not in  

itself sufficient to determine the responsibility and the competence of a  

Member State under this Regulation, but it may contribute to the  

evaluation of other indications relating to an individual applicant. 

5. The requested Member State shall be obliged to reply within five weeks.  

Any delays in the reply shall be duly justified. Non-compliance with the five  

week time limit shall not relieve the requested Member State of the obligation to  

reply. ►C1 If the research carried out by the requested Member State which  

did not respect the maximum time limit yields information which shows that it  

is responsible, that Member State may not invoke the expiry of the time limits  

provided for in Articles 21, 23 and 24 as a reason for refusing to comply with a  

request to take charge or take back. ◄ In that case, the time limits provided for  

in Articles 21, 23 and 24 for submitting a request to take charge or take back  

shall be extended by a period of time which shall be equivalent to the delay in  

the reply by the requested Member State. 

02013R0604 — EN — 29.06.2013 — 000.001 — 27

▼B 

6. The exchange of information shall be effected at the request of a  

Member State and may only take place between authorities whose  

designation by each Member State has been communicated to the  

Commission in accordance with Article 35(1). 

7. The information exchanged may only be used for the purposes set  

out in paragraph 1. In each Member State such information may,  

depending on its type and the powers of the recipient authority, only  

be communicated to the authorities and courts and tribunals entrusted  

with: 

(a) determining the Member State responsible; 

(b) examining the application for international protection; 

(c) implementing any obligation arising under this Regulation. 

8. The Member State which forwards the information shall ensure  

that it is accurate and up-to-date. If it transpires that it has forwarded  

information which is inaccurate or which should not have been  

forwarded, the recipient Member States shall be informed thereof  

immediately. They shall be obliged to correct such information or to  

have it erased. 

9. The applicant shall have the right to be informed, on request, of  

any data that is processed concerning him or her. 

If the applicant finds that the data have been processed in breach of this  

Regulation or of Directive 95/46/EC, in particular because they are  

incomplete or inaccurate, he or she shall be entitled to have them  

corrected or erased. 

The authority correcting or erasing the data shall inform, as appropriate,  

the Member State transmitting or receiving the information. 

The applicant shall have the right to bring an action or a complaint  

before the competent authorities or courts or tribunals of the Member  

State which refused the right of access to or the right of correction or  

erasure of data relating to him or her. 

10. In each Member State concerned, a record shall be kept, in the  

individual file for the person concerned and/or in a register, of the  

transmission and receipt of information exchanged. 

11. The data exchanged shall be kept for a period not exceeding that  

which is necessary for the purposes for which they are exchanged. 

12. Where the data are not processed automatically or are not  

contained, or intended to be entered, in a file, each Member State  

shall take appropriate measures to ensure compliance with this Article  

through effective checks. 

Article 35 

Competent authorities and resources 

1. Each Member State shall notify the Commission without delay of  

the specific authorities responsible for fulfilling the obligations arising  

under this Regulation, and any amendments thereto. The Member States  

shall ensure that those authorities have the necessary resources for  

carrying out their tasks and in particular for replying within the  

prescribed time limits to requests for information, requests to take  

charge of and requests to take back applicants. 

02013R0604 — EN — 29.06.2013 — 000.001 — 28

▼B 

2. The Commission shall publish a consolidated list of the authorities  

referred to in paragraph 1 in the Official Journal of the European  

Union. Where there are amendments thereto, the Commission shall  

publish once a year an updated consolidated list. 

3. The authorities referred to in paragraph 1 shall receive the  

necessary training with respect to the application of this Regulation. 

4. The Commission shall, by means of implementing acts, establish  

secure electronic transmission channels between the authorities referred  

to in paragraph 1 for transmitting requests, replies and all written corre 

spondence and for ensuring that senders automatically receive an elec 

tronic proof of delivery. Those implementing acts shall be adopted in  

accordance with the examination procedure referred to in Article 44(2). 

Article 36 

Administrative arrangements 

1. Member States may, on a bilateral basis, establish administrative  

arrangements between themselves concerning the practical details of the  

implementation of this Regulation, in order to facilitate its application  

and increase its effectiveness. Such arrangements may relate to: 

(a) exchanges of liaison officers; 

(b) simplification of the procedures and shortening of the time limits  

relating to transmission and the examination of requests to take  

charge of or take back applicants. 

2. Member States may also maintain the administrative arrangements  

concluded under Regulation (EC) No 343/2003. To the extent that such  

arrangements are not compatible with this Regulation, the Member  

States concerned shall amend the arrangements in such a way as to  

eliminate any incompatibilities observed. 

3. Before concluding or amending any arrangement referred to in  

paragraph 1(b), the Member States concerned shall consult the Commission  

as to the compatibility of the arrangement with this Regulation. 

4. If the Commission considers the arrangements referred to in  

paragraph 1(b) to be incompatible with this Regulation, it shall,  

within a reasonable period, notify the Member States concerned. The  

Member States shall take all appropriate steps to amend the arrangement  

concerned within a reasonable time in such a way as to eliminate any  

incompatibilities observed. 

5. Member States shall notify the Commission of all arrangements  

referred to in paragraph 1, and of any denunciation thereof, or  

amendment thereto. 

CHAPTER VIII 

CONCILIATION 

Article 37 

Conciliation 

1. Where the Member States cannot resolve a dispute on any matter  

related to the application of this Regulation, they may have recourse to  

the conciliation procedure provided for in paragraph 2. 

02013R0604 — EN — 29.06.2013 — 000.001 — 29

▼B 

2. The conciliation procedure shall be initiated by a request from one of  

the Member States in dispute to the Chairman of the Committee set up by  

Article 44. By agreeing to use the conciliation procedure, the Member States  

concerned undertake to take the utmost account of the solution proposed. 

The Chairman of the Committee shall appoint three members of the  

Committee representing three Member States not connected with the  

matter. They shall receive the arguments of the parties either in  

writing or orally and, after deliberation, shall propose a solution  

within one month, where necessary after a vote. 

The Chairman of the Committee, or his or her deputy, shall chair the  

discussion. He or she may put forward his or her point of view but may  

not vote. 

Whether it is adopted or rejected by the parties, the solution proposed  

shall be final and irrevocable. 

CHAPTER IX 

TRANSITIONAL PROVISIONS AND FINAL PROVISIONS 

Article 38 

Data security and data protection 

Member States shall take all appropriate measures to ensure the security of  

transmitted personal data and in particular to avoid unlawful or unauth 

orised access or disclosure, alteration or loss of personal data processed. 

Each Member State shall provide that the national supervisory authority  

or authorities designated pursuant to Article 28(1) of Directive 95/46/EC  

shall monitor independently, in accordance with its respective national  

law, the lawfulness of the processing, in accordance with this Regu 

lation, of personal data by the Member State in question. 

Article 39 

Confidentiality 

Member States shall ensure that the authorities referred to in Article 35  

are bound by the confidentiality rules provided for in national law, in  

relation to any information they obtain in the course of their work. 

Article 40 

Penalties 

Member States shall take the necessary measures to ensure that any  

misuse of data processed in accordance with this Regulation is  

punishable by penalties, including administrative and/or criminal  

penalties in accordance with national law, that are effective, propor 

tionate and dissuasive. 

Article 41 

Transitional measures 

Where an application has been lodged after the date mentioned in the  

second paragraph of Article 49, the events that are likely to entail the  

responsibility of a Member State under this Regulation shall be taken  

into consideration, even if they precede that date, with the exception of  

the events mentioned in Article 13(2). 

02013R0604 — EN — 29.06.2013 — 000.001 — 30

▼B 

Article 42 

Calculation of time limits 

Any period of time prescribed in this Regulation shall be calculated as  follows: 

(a) where a period expressed in days, weeks or months is to be  calculated from the moment at which an event occurs or an  action takes place, the day during which that event occurs or that  action takes place shall not be counted as falling within the period  in question; 

(b) a period expressed in weeks or months shall end with the expiry of  whichever day in the last week or month is the same day of the  week or falls on the same date as the day during which the event or  action from which the period is to be calculated occurred or took  place. If, in a period expressed in months, the day on which it  should expire does not occur in the last month, the period shall  end with the expiry of the last day of that month; 

(c) time limits shall include Saturdays, Sundays and official holidays in  any of the Member States concerned. 

Article 43 

Territorial scope 

As far as the French Republic is concerned, this Regulation shall apply  only to its European territory. 

Article 44 

Committee 

1. The Commission shall be assisted by a committee. That committee  shall be a committee within the meaning of Regulation (EU)  No 182/2011. 
2. Where reference is made to this paragraph, Article 5 of Regu lation (EU) No 182/2011 shall apply. 

Where the committee delivers no opinion, the Commission shall not  adopt the draft implementing act and the third subparagraph of  Article 5(4) of Regulation (EU) No 182/2011 shall apply. 

Article 45 

Exercise of the delegation 

1. The power to adopt delegated acts is conferred on the Commission  subject to the conditions laid down in this Article. 
2. The power to adopt delegated acts referred to in Articles 8(5) and  16(3) shall be conferred on the Commission for a period of 5 years from  the date of entry into force of this Regulation. The Commission shall  draw up a report in respect of the delegation of power not later than  nine months before the end of the 5-year period. The delegation of  power shall be tacitly extended for periods of an identical duration,  unless the European Parliament or the Council opposes such  extension not later than three months before the end of each period. 

02013R0604 — EN — 29.06.2013 — 000.001 — 31 

▼B 

3. The delegation of power referred to in Articles 8(5) and 16(3) may  

be revoked at any time by the European Parliament or by the Council.  

A decision to revoke shall put an end to the delegation of the power  

specified in that decision. It shall take effect the day following the  

publication of the decision in the Official Journal of the European  

Union or at a later date specified therein. It shall not affect the  

validity of any delegated acts already in force. 

4. As soon as it adopts a delegated act, the Commission shall notify  

it simultaneously to the European Parliament and to the Council. 

5. A delegated act adopted pursuant to Articles 8(5) and 16(3) shall  

enter into force only if no objection has been expressed either by the  

European Parliament or the Council within a period of four months of  

notification of that act to the European Parliament and to the Council or  

if, before the expiry of that period, the European Parliament and the  

Council have both informed the Commission that they will not object.  

That period shall be extended by two months at the initiative of the  

European Parliament or of the Council. 

Article 46 

Monitoring and evaluation 

By 21 July 2016, the Commission shall report to the European  

Parliament and to the Council on the application of this Regulation  

and, where appropriate, shall propose the necessary amendments.  

Member States shall forward to the Commission all information appro 

priate for the preparation of that report, at the latest six months before  

that time limit expires. 

After having submitted that report, the Commission shall report to the  

European Parliament and to the Council on the application of this  

Regulation at the same time as it submits reports on the implementation  

of the Eurodac system provided for by Article 40 of Regulation (EU)  

No 603/2013. 

Article 47 

Statistics 

In accordance with Article 4(4) of Regulation (EC) No 862/2007 of the  

European Parliament and of the Council of 11 July 2007 on Community  

statistics on migration and international protection (1), Member States shall  

communicate to the Commission (Eurostat), statistics concerning the  

application of this Regulation and of Regulation (EC) No 1560/2003. 

Article 48 

Repeal 

Regulation (EC) No 343/2003 is repealed. 

Articles 11(1), 13, 14 and 17 of Regulation (EC) No 1560/2003 are  

repealed. 

References to the repealed Regulation or Articles shall be construed as  

references to this Regulation and shall be read in accordance with the  

correlation table in Annex II. 

(1) OJ L 199, 31.7.2007, p. 23.

02013R0604 — EN — 29.06.2013 — 000.001 — 32 

▼B 

Article 49 

Entry into force and applicability 

This Regulation shall enter into force on the twentieth day following  that of its publication in the Official Journal of the European Union. 

It shall apply to applications for international protection lodged as from  the first day of the sixth month following its entry into force and, from  that date, it will apply to any request to take charge of or take back  applicants, irrespective of the date on which the application was made.  The Member State responsible for the examination of an application for  international protection submitted before that date shall be determined in  accordance with the criteria set out in Regulation (EC) No 343/2003. 

References in this Regulation to Regulation (EU) No 603/2013,  Directive 2013/32/EU and Directive 2013/33/EU shall be construed,  until the dates of their application, as references to Regulation (EC)  No 2725/2000 (1), Directive 2003/9/EC (2) and Directive 2005/85/EC (3)  respectively. 

This Regulation shall be binding in its entirety and directly applicable in  the Member States in accordance with the Treaties. 

(1) Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the  establishment of ‘Eurodac’ for the comparison of fingerprints for the effective  application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).  

(2) Council Directive 2003/9/EC of 27 January 2003 laying down minimum  standards for the reception of asylum seekers (OJ L 31, 6.2.2003, p. 18).  (3) Council Directive 2005/85/EC of 1 December 2005 on minimum standards  on procedures for granting and withdrawing refugee status (OJ L 326,  13.12.2005, p. 13).

02013R0604 — EN — 29.06.2013 — 000.001 — 33

▼B 

ANNEX I 

Repealed Regulations (referred to in Article 48) 

Council Regulation (EC) No 343/2003 

(OJ L 50, 25.2.2003, p. 1) 

Commission Regulation (EC) No 1560/2003 only Articles 11(1), 13, 14 and 17 (OJ L 222, 5.9.2003, p. 3) 

02013R0604 — EN — 29.06.2013 — 000.001 — 34

▼B 

ANNEX II 

Correlation table 

Regulation (EC) No 343/2003 This Regulation Article 1 Article 1 

Article 2(a) Article 2(a) 

Article 2(b) — 

Article 2(c) Article 2(b) 

Article 2(d) Article 2(c) 

Article 2(e) Article 2(d) 

Article 2(f) Article 2(e) 

Article 2(g) Article 2(f) 

— Article 2(h) 

— Article 2(i) 

Article 2(h) Article 2(j) 

Article 2(i) Article 2(g) 

— Article 2(k) 

Article 2(j) and (k) Article 2(l) and (m) — Article 2(n) 

Article 3(1) Article 3(1) 

Article 3(2) Article 17(1) 

Article 3(3) Article 3(3) 

Article 3(4) Article 4(1), introductory wording — Article 4(1)(a) to (f) — Article 4(2) and (3) Article 4(1) to (5) Article 20(1) to (5) — Article 20(5), third subparagraph — Article 5 

— Article 6 

Article 5(1) Article 7(1) 

Article 5(2) Article 7(2) 

— Article 7(3) 

Article 6, first paragraph Article 8(1) 

— Article 8(3) 

Article 6, second paragraph Article 8(4) 

Article 7 Article 9 

02013R0604 — EN — 29.06.2013 — 000.001 — 35

▼B 

Regulation (EC) No 343/2003 This Regulation 

Article 8 Article 10 

Article 9 Article 12 

Article 10 Article 13 

Article 11 Article 14 

Article 12 Article 15 

— Article 16 

Article 13 Article 3(2) 

Article 14 Article 11 

Article 15(1) Article 17(2), first subparagraph 

Article 15(2) Article 16(1) 

Article 15(3) Article 8(2) 

Article 15(4) Article 17(2), fourth subparagraph 

Article 15(5) Articles 8(5) and (6) and Article 16(2) 

Article 16(1)(a) Article 18(1)(a) 

Article 16(1)(b) Article 18(2) 

Article 16(1)(c) Article 18(1)(b) 

Article 16(1)(d) Article 18(1)(c) 

Article 16(1)(e) Article 18(1)(d) 

Article 16(2) Article 19(1) 

Article 16(3) Article 19(2), first subparagraph 

— Article 19(2), second subparagraph 

Article 16(4) Article 19(3) 

— Article 19(3), second subparagraph 

Article 17 Article 21 

Article 18 Article 22 

Article 19(1) Article 26(1) 

Article 19(2) Article 26(2) and Article 27(1) 

— Article 27(2) to (6) 

Article 19(3) Article 29(1) 

Article 19(4) Article 29(2) 

— Article 29(3) 

Article 19(5) Article 29(4) 

Article 20(1), introductory wording Article 23(1) 

— Article 23(2) 

— Article 23(3) 

02013R0604 — EN — 29.06.2013 — 000.001 — 36

▼B 

Regulation (EC) No 343/2003 This Regulation 

— Article 23(4) 

Article 20(1)(a) Article 23(5), first subparagraph 

— Article 24 

Article 20(1)(b) Article 25(1) 

Article 20(1)(c) Article 25(2) 

Article 20(1)(d) Article 29(1), first subparagraph 

Article 20(1)(e) Article 26(1), (2), Article 27(1),  

Article 29(1), second and third  

subparagraphs 

Article 20(2) Article 29(2) 

Article 20(3) Article 23(5), second subparagraph 

Article 20(4) Article 29(4) 

— Article 28 

— Article 30 

— Article 31 

— Article 32 

— Article 33 

Article 21(1) to (9) Article 34(1) to (9), first to third  

subparagraphs 

— Article 34(9), fourth subparagraph 

Article 21(10) to (12) Article 34(10) to (12) 

Article 22(1) Article 35(1) 

— Article 35(2) 

— Article 35(3) 

Article 22(2) Article 35(4) 

Article 23 Article 36 

— Article 37 

— Article 40 

Article 24(1) — 

Article 24(2) Article 41 

Article 24(3) — 

Article 25(1) Article 42 

Article 25(2) — 

Article 26 Article 43 

02013R0604 — EN — 29.06.2013 — 000.001 — 37

▼B 

Regulation (EC) No 343/2003 This Regulation 

Article 27(1), (2) Article 44(1), (2) 

Article 27(3) — 

— Article 45 

Article 28 Article 46 

— Article 47 

— Article 48 

Article 29 Article 49 

Regulation (EC) No 1560/2003 This Regulation 

Article 11(1) — 

Article 13(1) Article 17(2), first subparagraph 

Article 13(2) Article 17(2), second subparagraph 

Article 13(3) Article 17(2), third subparagraph 

Article 13(4) Article 17(2), first subparagraph 

Article 14 Article 37 

Article 17(1) Articles 9, 10, 17(2), first subparagraph 

Article 17(2) Article 34(3) 

02013R0604 — EN — 29.06.2013 — 000.001 — 38

▼B 

STATEMENT BY THE COUNCIL, THE EUROPEAN  

PARLIAMENT AND THE COMMISSION 

The Council and the European Parliament invite the Commission to  

consider, without prejudice to its right of initiative, a revision of  

Article 8(4) of the Recast of the Dublin Regulation once the Court of  

Justice rules on case C-648/11 MA and Others vs. Secretary of State for  

the Home Department and at the latest by the time limits set in  

Article 46 of the Dublin Regulation. The European Parliament and  

the Council will then both exercise their legislative competences,  

taking into account the best interests of the child. 

The Commission, in a spirit of compromise and in order to ensure the  

immediate adoption of the proposal, accepts to consider this invitation,  

which it understands as being limited to these specific circumstances  

and not creating a precedent.