Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national

TITLE I

PROCEDURES

CHAPTER I

PREPARATION OF REQUESTS

Article 1

Preparation of requests for taking charge

The request shall also include:

(a) a copy of all the proof and circumstantial evidence showing that the requested Member State is responsible for examining the application for asylum, accompanied, where appropriate, by comments on the circumstances in which it was obtained and the probative value attached to it by the requesting Member State, with reference to the lists of proof and circumstantial evidence referred to in Article 18(3) of Regulation (EC) No 343/2003, which are set out in Annex II to the present Regulation;

(b) where necessary, a copy of any written declarations made by or statements taken from the applicant.

Article 2

Preparation of requests for taking back

Requests for taking back shall be made on a standard form in accordance with the model in Annex III, setting out the nature of the request, the reasons for it and the provisions of Regulation (EU) No 604/2013 of the European Parliament and of the Council (⁷) on which it is based.

The request shall also include, as applicable:

(a) a copy of all the proof and circumstantial evidence showing that the requested Member State is responsible for examining the application for international protection, accompanied, where appropriate, by comments on the circumstances in which it was obtained and the probative value attached to it by the requesting Member State, with reference to the lists of proof and circumstantial evidence referred to in Article 22(3) of Regulation (EU) No 604/2013, which are set out in Annex II to this Regulation;

(b) the positive result (hit) transmitted by the Eurodac Central Unit, in accordance with Article 4(5) of Regulation (EC) No 2725/2000, after comparison of the applicant’s fingerprints with fingerprint data previously taken and sent to the Central Unit in accordance with Article 4(1) and (2) of that Regulation and checked in accordance with Article 4(6) of that Regulation.

CHAPTER II

REACTION TO REQUESTS

Article 3

Processing requests for taking charge

Article 4

Processing of requests for taking back

Where a request for taking back is based on data supplied by the Eurodac Central Unit and checked by the requesting Member State, in accordance with Article 4(6) of Regulation (EC) No 2725/2000, the requested Member State shall acknowledge its responsibility unless the checks carried out reveal that its obligations have ceased under the second subparagraph of Article 4(5) or under Article 16(2), (3) or (4) of Regulation (EC) No 343/2003. The fact that obligations have ceased on the basis of those provisions may be relied on only on the basis of material evidence or substantiated and verifiable statements by the asylum seeker.

Article 5

Negative reply

Article 6

Positive reply

Where the Member State accepts responsibility, the reply shall say so, specifying the provision of Regulation (EC) No 343/2003 that is taken as a basis, and shall include practical details regarding the subsequent transfer, such as contact particulars of the department or person to be contacted.

CHAPTER III

TRANSFERS

Article 7

Practical arrangements for transfers

Transfers to the Member State responsible may be carried out in one of the following ways:

(a) at the request of the asylum seeker, by a certain specified date;

(b) by supervised departure, with the asylum seeker being accompanied to the point of embarkation by an official of the requesting Member State, the responsible Member State being notified of the place, date and time of the asylum seeker's arrival within an agreed time limit;

(c) under escort, the asylum seeker being accompanied by an official of the requesting Member State or by a representative of an agency empowered by the requesting Member State to act in that capacity and handed over to the authorities in the responsible Member State.

In the case referred to in paragraph 1(c), a laissez-passer shall be issued if the asylum seeker is not in possession of identity documents. The time and place of transfer shall be agreed in advance by the Member States concerned in accordance with the procedure set out in Article 8.

Article 8

Cooperation on transfers

Article 9

Postponed and delayed transfers

Article 10

Transfer following an acceptance by default

CHAPTER IV

HUMANITARIAN CLAUSE

Article 11

Situations of dependency

The following points shall be taken into account in assessing the necessity and appropriateness of bringing together the persons concerned:

(a) the family situation which existed in the country of origin;

(b) the circumstances in which the persons concerned were separated;

(c) the status of the various asylum procedures or procedures under the legislation on aliens under way in the Member States.

The Member State in which the relatives will be reunited and the date of the transfer shall be agreed by the Member States concerned, taking account of:

(a) the ability of the dependent person to travel;

(b) the situation of the persons concerned as regards residence, preference being given to the bringing the asylum seeker together with his relative where the latter already has a valid residence permit and resources in the Member State in which he resides.

Where the applicant is present on the territory of Member State other than the one where the child, sibling or parent as referred to in Article 16(1) of Regulation (EU) No 604/2013 are present, the two Member States shall consult each other and exchange information in order to establish:

(a) the proven family links between the applicant and the child, sibling or parent;

(b) the dependency link between the applicant and the child, sibling or parent;

(c) the capacity of the person concerned to take care of the dependent person;

(d) where necessary, the elements to be taken into account in order to assess the inability to travel for a significant period of time.

In order to carry out the exchange of information referred to in the first subparagraph, the standard form set out in Annex VII to this Regulation shall be used.

The requested Member State shall endeavour to reply within four weeks from the receipt of the request. Where compelling evidence indicates that further investigations would lead to more relevant information, the requested Member State shall inform the requesting Member State that two additional weeks are needed.

The request for information pursuant to this Article shall be carried out ensuring full compliance with the deadlines presented in Articles 21(1), 22(1), 23(2), 24(2) and 25(1) of Regulation (EU) No 604/2013. This obligation is without prejudice to Article 34(5) of Regulation (EU) No 604/2013.

Article 12

Unaccompanied minors

Options now available in the field of cooperation on judicial and civil matters shall be taken account of in this connection.

The authorities carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor shall involve the representative referred to in Article 6(2) of Regulation (EU) No 604/2013 in this process to the greatest extent possible.

Where in the application of the obligations resulting from Article 8 of Regulation (EU) No 604/2013, the Member State carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor is in possession of information that makes it possible to start identifying and/or locating a member of the family, sibling or relative, that Member State shall consult other Member States, as appropriate, and exchange information, in order to:

(a) identify family members, siblings or relatives of the unaccompanied minor, present on the territory of the Member States;

(b) establish the existence of proven family links;

(c) assess 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.

Where the exchange of information referred to in paragraph 4 indicates that more family members, siblings or relatives are present in another Member State or States, the Member State where the unaccompanied minor is present shall cooperate with the relevant Member State or States, to determine the most appropriate person to whom the minor is to be entrusted, and in particular to establish:

(a) the strength of the family links between the minor and the different persons identified on the territories of the Member States;

(b) the capacity and availability of the persons concerned to take care of the minor;

(c) the best interests of the minor in each case.

The requested Member State shall endeavour to reply within four weeks from the receipt of the request. Where compelling evidence indicates that further investigations would lead to more relevant information, the requested Member State will inform the requesting Member State that two additional weeks are needed.

The request for information pursuant to this Article shall be carried out ensuring full compliance with the deadlines presented in Articles 21(1), 22(1), 23(2), 24(2) and 25(1) of Regulation (EU) No 604/2013. This obligation is without prejudice to Article 34(5) of Regulation (EU) No 604/2013.

CHAPTER V

COMMON PROVISIONS

Article 15

Transmission of requests

By way of derogation from the first subparagraph, correspondence between the departments responsible for carrying out transfers and competent departments in the requested Member State regarding the practical arrangements for transfers, time and place of arrival, particularly where the asylum seeker is under escort, may be transmitted by other means.

Article 15a

Uniform conditions and practical arrangements for exchanging health data before a transfer is carried out

The exchange of health data prior to a transfer and, in particular, the transmission of the health certificate set out in Annex IX shall only take place between the authorities notified to the Commission in accordance with Article 35 of Regulation (EU) No 604/2013 using the ‘DubliNet’.

The Member State carrying out the transfer of an applicant and the responsible Member State shall endeavour to agree prior to the transmission of the health certificate on the language to be used in order to complete that certificate, taking into account the circumstances of the case, in particular the need for any urgent action upon arrival.

Article 16

Language of communication

The language or languages of communication shall be chosen by agreement between the Member States concerned.

Article 16a

Information leaflets for applicants for international protection

TITLE II

ESTABLISHMENT OF THE ‘DUBLINET’ NETWORK

CHAPTER I

TECHNICAL STANDARDS

Article 18

Establishment of ‘DubliNet’

Article 19

National Access Points

CHAPTER II

RULES FOR USE

Article 20

Reference number

If the request is based on data supplied by Eurodac, the Eurodac reference number of the requested Member State shall be included.

Article 21

Continuous operation

TITLE III

TRANSITIONAL AND FINAL PROVISIONS

Article 22

Laissez-passer produced for the purposes of the Dublin Convention

Laissez-passer printed for the purposes of the Dublin Convention shall be accepted for the transfer of applicants for asylum under Regulation (EC) No 343/2003 for a period of no more than 18 months following the entry into force of the present Regulation.

Article 23

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

ANNEX II

LIST A

MEANS OF PROOF

I. Process of determining the State responsible for examining an application for international protection

— written confirmation of the information by the other Member State;

— extracts from registers;

— residence permits issued to the family member;

— evidence that the persons are related, if available;

— failing this, and if necessary, a DNA or blood test.

— written confirmation of the information by the other Member State;

— extracts from registers;

— residence permits issued to the individual with refugee or subsidiary protection status;

— evidence that the persons are related, if available;

— consent of the persons concerned.

— written confirmation of the information by the other Member State;

— extracts from registers;

— temporary residence authorisations issued to the individual while the application is being examined;

— evidence that the persons are related, if available;

— failing this, if necessary, a DNA or blood test;

— consent of the persons concerned.

— residence document;

— extracts from the register of aliens or similar registers;

— reports/confirmation of the information by the Member State which issued the residence document.

— visa issued (valid or expired, as appropriate);

— extracts from the register of aliens or similar registers;

— positive match (hit) transmitted by the VIS in accordance with Article 21 of Regulation (EC) No 767/2008;

— reports/confirmation of the information by the Member State which issued the visa.

— entry stamp in a passport;

— exit stamp from a country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed;

— tickets conclusively establishing entry at an external frontier;

— entry stamp or similar endorsement in passport.

— positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 14 of the ‘Eurodac’ Regulation;

— entry stamp in a forged or falsified passport;

— exit stamp from a country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed;

— tickets conclusively establishing entry at an external frontier;

— entry stamp or similar endorsement in passport.

— residence authorisations issued while the application for a residence permit is being examined;

— requests to leave the territory or expulsion order issued on dates at least five months apart or that have not been enforced;

— extracts from the records of hospitals, prisons, detention centres.

— exit stamp;

— extracts from third-country registers (substantiating residence);

— tickets conclusively establishing departure from or entry at an external frontier;

— report/confirmation by the Member State from which the applicant left the territory of the Member States;

— stamp of third country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed.

II.   Obligation on the Member State responsible for examining the application to re-admit or take back the applicant

— positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 9 of the ‘Eurodac’ Regulation;

— form submitted by the applicant;

— official report drawn up by the authorities;

— fingerprints taken in connection with an application;

— extracts from relevant registers and files;

— written report by the authorities attesting that an application has been made.

— positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 9 of the ‘Eurodac’ Regulation;

— form submitted by the applicant;

— official report drawn up by the authorities;

— fingerprints taken in connection with an application;

— extracts from relevant registers and files;

— written report by the authorities attesting that an application has been made.

— exit stamp;

— extracts from third-country registers (substantiating residence);

— exit stamp from a third country bordering on a Member State, bearing in mind the route taken by the applicant and the date on which the frontier was crossed;

— written proof from the authorities that the alien has actually been expelled.

— written proof from the authorities that the alien has actually been expelled;

— exit stamp;

— confirmation of the information regarding expulsion by the third country.

LIST B

CIRCUMSTANTIAL EVIDENCE

I. Process of determining the State responsible for examining an application for international protection

— verifiable information from the applicant;

— statements by the family members concerned;

— reports/confirmation of the information by an international organisation, such as UNHCR.

— verifiable information from the applicant;

— reports/confirmation of the information by an international organisation, such as UNHCR.

— verifiable information from the applicant;

— reports/confirmation of the information by an international organisation, such as UNHCR.

— detailed and verifiable statements by the applicant;

— reports/confirmation of the information by an international organisation, such as UNHCR;

— reports/confirmation of the information by the Member State which did not issue the residence permit;

— reports/confirmation of the information by family members, travelling companions, etc.;

— detailed and verifiable statements by the applicant;

— reports/confirmation of the information by an international organisation, such as UNHCR;

— reports/confirmation of the information by the Member State which did not issue the residence permit;

— reports/confirmation of the information by family members, travelling companions, etc.;

— detailed and verifiable statements by the applicant;

— reports/confirmation of the information by an international organisation, such as UNHCR;

— reports/confirmation of the information by another Member State or third country;

— reports/confirmation of the information by family members, travelling companions, etc.;

— fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier. In such cases, they constitute probative evidence as defined in list A;

— tickets;

— hotel bills;

— entry cards for public or private institutions in the Member States;

— appointment cards for doctors, dentists, etc.;

— information showing that the applicant has used the services of a travel agency;

— other circumstantial evidence of the same kind.

— detailed and verifiable statements by the applicant;

— reports/confirmation of the information by an international organisation, such as UNHCR;

— reports/confirmation of the information by another Member State or third country;

— reports/confirmation of the information by family members, travelling companions, etc.;