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.

2a. Where the request is based on a positive result (hit) transmitted by the Visa Information System (VIS) in accordance with Article 21 of Regulation (EC) No 767/2008 of the European Parliament and of the Council ([^E0006]) after comparison of the fingerprints of the applicant for international protection with fingerprint data previously taken and sent to the VIS in accordance with Article 9 of that Regulation and checked in accordance with Article 21 of that Regulation, it shall also include the data supplied by the VIS.

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 ([^E0007]) 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

• (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

1a. Where a transfer has been delayed at the request of the transferring Member State, the transferring and the responsible Member States must resume communication in order to allow for a new transfer to be organised as soon as possible, in accordance with Article 8, and no later than two weeks from the moment the authorities become aware of the cessation of the circumstances that caused the delay or postponement. In such a case, an updated standard form for the transfer of the data before a transfer is carried out as set out in Annex VI shall be sent prior to the transfer.

Article 10

Transfer following an acceptance by default

CHAPTER IV HUMANITARIAN CLAUSE

Article 11

Situations of dependency

• (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.

• (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.

• (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.

• (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.

• (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

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ANNEX II

(References are to articles of Regulation (EU) No 604/2013)

LIST A

MEANS OF PROOF

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

1. Presence of a family member, relative or relation (father, mother, child, sibling, aunt, uncle, grandparent, adult responsible for a child, guardian) of an applicant who is an unaccompanied minor (Article 8)

Probative evidence

• — 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.

2. Legal residence in a Member State of a family member recognised as beneficiary of international protection (Article 9)

Probative evidence

• — 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.

3. Presence of a family member applying for international protection whose application has not yet been the subject of a first decision regarding the substance in a Member State (Article 10)

Probative evidence

• — 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.

4. Valid residence documents (Article 12(1) and (3) or residence documents which expired less than 2 years previously [and date of entry into force] (Article 12(4))

Probative evidence

• — 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.

5. Valid visas (Article 12(2) and (3)) and visas which expired less than 6 months previously [and date of entry into force] (Article 12(4))

Probative evidence

• — 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.

6. Legal entry into the territory at an external frontier (Article 14)

Probative evidence

• — 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.

7. Illegal entry at an external frontier (Article 13(1))

Probative evidence

• — 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.

8. Residence in a Member State for at least five months (Article 13(2))

Probative evidence

• — 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.

9. Departure from the territory of the Member States (Article 19(2))

Probative evidence

• — 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

1. Process of determining the Member State responsible is under way in the Member State where the application was lodged (Article 20(5))

Probative evidence

• — 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.

2. Application is under examination or was lodged previously (Article 18(1)(b)(c) and (d))

Probative evidence

• — 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.

3. Departure from the territory of the Member States (Articles 20(5) and 19(2))

Probative evidence

• — 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.

4. Expulsion from the territory of the Member States (Article 19(3))

Probative evidence

• — 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

1. Presence of a family member (father, mother, guardian) of an applicant who is an unaccompanied minor (Article 8)

Indicative evidence

([^E0009])

• — verifiable information from the applicant;

• — statements by the family members concerned;

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

2. Legal residence in a Member State of a family member recognised as having refugee or international protection status (Article 9)

Indicative evidence

• — verifiable information from the applicant;

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

3. Presence of a family member applying for international protection whose application has not yet been the subject of a first decision regarding the substance in a Member State (Article 10)

Indicative evidence

• — verifiable information from the applicant;

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

4. Valid residence documents (Article 12(1) and (3)) or residence documents which expired less than 2 years previously [and date of entry into force] (Article 12(4))

Indicative evidence

• — 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.;

5. Valid visas (Article 12(2) and (3)) and visas which expired less than 6 months previously [and date of entry into force] (Article 12(4))

Indicative evidence

• — 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.;

6. Legal entry into the territory at an external frontier (Article 14)

Indicative evidence

• — 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.

7. Illegal entry into the territory at an external frontier (Article 13(1))

Indicative evidence

• — 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 courier or a travel agency;

• — other circumstantial evidence of the same kind.

8. Residence in a Member State for at least five months (Article 13(2))

Indicative evidence

• — 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 a non-governmental organisation, such as an organisation providing accommodation for those in need;

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

• — fingerprints;

• — 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 courier or a travel agency;

• — other circumstantial evidence of the same kind.

9. Departure from the territory of the Member States (Article 19(2))

Indicative evidence

• — 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;

• — re Article (19(2)): exit stamp where the applicant concerned has left the territory of the Member States for a period of at least 3 months;

• — 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;

• — appointment cards for doctors, dentists, etc. in a third country;

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

• — other circumstantial evidence of the same kind.

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

1. Process of determining the Member State responsible is under way in the Member State where the application was lodged (Article 20(5))

Indicative evidence

• — verifiable statements by the applicant;

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

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

• — reports/confirmation of the information by another Member State.

2. Application for international protection is under examination or was lodged previously (Article 18(1)(b)(c)(d))

Indicative evidence

• — 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.

3. Departure from the territory of the Member States (Articles 20(5) and 19(2))

Indicative evidence

• — 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;

• — exit stamp where the applicant concerned has left the territory of the Member States for a period of at least three months;

• — 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;

• — appointment cards for doctors, dentists, etc. in a third country;

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

• — other circumstantial evidence of the same kind.

4. Expulsion from the territory of the Member States (Article 19(3))

Indicative evidence

• — verifiable statements by the applicant;

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

• — exit stamp where the applicant concerned has left the territory of the Member States for a period of at least three months;

• — 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;

• — appointment cards for doctors, dentists, etc.;

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

• — other circumstantial evidence of the same kind.

ANNEX III

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ANNEX IV

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ANNEX V

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ANNEX VI

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ANNEX VII

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ANNEX VIII

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ANNEX IX

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ANNEX X

PART A

INFORMATION ABOUT THE DUBLIN REGULATION FOR APPLICANTS FOR INTERNATIONAL PROTECTION PURSUANT TO ARTICLE 4 OF REGULATION (EU) No 604/2013 ([^E0010])

You have asked us to protect you because you consider that you have been forced to leave your own country due to persecution, war or risk of serious harm. The law calls this an ‘application/request for international protection’ and you – an ‘applicant’. People seeking protection are often referred to as ‘asylum seekers’.

The fact that you asked for asylum here does not guarantee that we will examine your request here. The country that will examine your request is determined through a process established by a European Union law known as the ‘Dublin’ Regulation. According to this law, only one country is responsible for examining your request.

This law is applied throughout a geographical region which includes 32 countries ([^E0011]). For the purpose of this leaflet, we are calling these 32 countries ‘Dublin countries’.

If there is anything in this leaflet that you do not understand, please ask our authorities.

Before your request for asylum can be considered, we need to establish whether we are responsible to examine it or whether another country is responsible – we call this a ‘Dublin procedure’. The Dublin procedure will not concern your reason for applying for asylum. It will only deal with the question of which country is responsible for making a decision on your application for asylum.

• — How long will it take to decide which country will consider my application?

• — How long will it be before my application is examined?

If our authorities decide that we are responsible for deciding on your application for asylum, this means that you may remain in this country and have your application examined here. The process of examining your application will then start immediately.

If we decide that another country is responsible for your application, we will seek to send you to that country as soon as possible so that your application can be considered there. The entire duration of the Dublin procedure, until you are transferred to that country may, under normal circumstances, take up to 11 months. Your asylum request will then be examined in the responsible country. This time frame could be different if you hide from the authorities, are imprisoned or detained, or if you appeal the transfer decision. If you are in one of these situations, you will receive specific information, informing you about which time frame applies to you. If you are detained, you will be informed of the reasons for detention and the legal remedies available to you.

• — How is the country responsible for my application decided?

The law sets out various reasons why a country may be responsible for examining your request. These reasons are considered in the order of importance by the law, starting from whether you have a family member present in that Dublin country; whether you now or in the past have had a visa or a residence permit issued by a Dublin country; or whether you have travelled to, or through, another Dublin country, either legally or irregularly.

It is important that you inform us as soon as possible if you have family members in another Dublin country. If your husband, wife or child is an applicant for asylum or has been granted international protection in another Dublin country, that country could be responsible for examining your asylum application.

We may decide to examine your application in this country, even if such examination is not our responsibility under the criteria laid down in the Dublin Regulation. We will not send you to a country where it is established that your human rights could be violated.

• — What if I don’t want to go to another country?

You have the possibility to say that you disagree with a decision to be sent to another Dublin country, and may challenge that decision in front of a court or tribunal. You can also ask to remain in this country until your appeal or review is decided.

If you abandon your application for asylum and you move to another Dublin country, you are likely to be transferred back to this country or to the country responsible.

It is therefore important that once you apply for asylum, you stay here until we decide 1) who is responsible for the examination of your asylum request and/or 2) to examine your asylum request in this country.

Please be aware that if we consider that you are likely to try to run away or hide from us because you do not want us to send you to another country, you may be put in detention (a closed centre). If so, you will have the right to a legal representative and will be informed by us of your other rights, including the right to appeal against your detention.

• — Why am I being asked to have my fingerprints taken?

When you lodge a request for asylum, if you are 14 years of age or older, your fingerprints will be taken and transmitted to a fingerprint database called ‘Eurodac’. You must cooperate with this procedure – you are obliged by law to have your fingerprints taken.

If your fingerprints are not of a good quality, including if you have deliberately damaged your fingers, the fingerprints will be taken again in the future.

Your fingerprints will be checked within Eurodac to see if you have ever applied for asylum before or to see if you were previously fingerprinted at a border. This helps to determine which Dublin country is responsible for the examination of your asylum request.

Your fingerprints may also be checked against the Visa Information System (VIS), which is a database that contains information relating to visas granted within the Schengen area. If you have a current or previous visa for another Dublin country, you may be sent there for consideration of your request for international protection.

As you have made an application for asylum, your fingerprint data will be stored by Eurodac for 10 years – after 10 years, they will be deleted automatically from Eurodac. If you are successful with your request for asylum, your fingerprints will remain in the database until they are automatically deleted. If you become a citizen of a Dublin country, your fingerprints will be deleted at that point. Your fingerprints and your gender will be stored in Eurodac – your name, photograph, date of birth and nationality are not sent to the Eurodac database, but they may be stored in a national database.

You may at any time in the future ask us for the data relating to you that we have recorded in Eurodac. If you think the data are inaccurate or should not be stored, you may request that they be corrected or erased. Information about the authorities responsible for handling (or controlling) your data in this country and the relevant authorities responsible for supervising data protection can be found below.

Eurodac is operated by an Agency of the European Union called eu-LISA. Your data can only be used for the purposes defined by law. Only the Eurodac Central System will receive your data. If you request asylum in the future in another Dublin country, your fingerprints will be sent to that country for verification. The data stored in Eurodac will not be shared with any other country or organisation outside the Dublin countries.

As of 20 July 2015, your fingerprints may be searched by authorities such as the police and the European police office (Europol) who may request access to the Eurodac database for the purpose of preventing, detecting and investigating serious crimes and terrorism.

What are my rights during the period that the country responsible for my asylum request is decided?

You have the right to remain in this country if we are responsible for examining your asylum request, or, where another country is responsible, until you are transferred there. If this country is responsible for examining your asylum request, you have the right to remain here at least until a first decision is taken on your asylum application. You are also entitled to benefit from material reception conditions, e.g. accommodation, food etc., as well as basic medical care and emergency medical assistance. You will be given the opportunity to provide us with information about your situation and the presence of family members on the territory of the Dublin countries orally and/or in writing and, when doing so, to use your mother tongue or another language that you speak well (or to have an interpreter, if needed). You will also receive a written copy of the decision to transfer you to another country. You are also entitled to contact us for more information and/or to contact the office of the United Nations High Commissioner for Refugees (UNHCR) in this country.

If we consider that another country could be responsible for examining your application, you will receive more detailed information about that procedure and how it affects you and your rights. ([^E0012])

Contact information, in particular: (Fill in with Member State-specific information)

• — Address and contact details of the asylum authority;

• — Details of the National Supervisory Authority;

• — Identity of the Eurodac controller and of his/her representative;

• — Contact details of the office of the controller;

• — Contact details of the local UNHCR office (if present);

• — Contact details of the legal aid providers/refugee supporting organisations;

• — Contact details of IOM.

PART B

THE DUBLIN PROCEDURE — INFORMATION FOR APPLICANTS FOR INTERNATIONAL PROTECTION FOUND IN A DUBLIN PROCEDURE, PURSUANT TO ARTICLE 4 OF REGULATION (EU) No 604/2013 ([^E0013])

You have been given this leaflet because you requested international protection (asylum) in this country or in another Dublin country and the authorities here have reasons to believe that another country might be responsible for examining your request.

We will determine which country is responsible through a process established by a European Union law known as the ‘Dublin’ Regulation. This process is called the ‘Dublin procedure’. This leaflet seeks to answer the most frequent questions you might have about this procedure.

If there is anything written here that you do not understand, please ask the authorities.

Why am I in the Dublin procedure?

The Dublin Regulation applies throughout a geographical region which includes 32 countries. The ‘Dublin countries’ are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom) as well as to the 4 countries ‘associated’ to the Dublin system (Norway, Iceland, Switzerland and Liechtenstein).

The Dublin procedure establishes which single country is responsible for examining your application for asylum. This means you may be transferred from this country to a different country that is responsible for examining your application.

The Dublin procedure has two purposes:

• — to guarantee that your application for asylum will reach the authority of the country responsible for examining it;

• — to ensure that you do not make multiple applications for asylum in several countries with the aim of extending your stay in the Dublin countries.

Until it has been decided which country is responsible for deciding on your application, the authorities here will not consider the detail of your application.

REMEMBER: You are not supposed to move to another Dublin country. If you move to another Dublin country, you will be transferred back here or to a country where you previously asked for asylum. Abandoning your application here will not change the responsible country. If you hide or run away, you also risk being detained.

If you were present in the past in one of the Dublin countries and since then you left the region of Dublin countries before you came to this country, you must tell us. This is important because it may influence which country is responsible for examining your application. You may be asked to provide evidence of your time spent outside the Dublin countries, for example a stamp in your passport, a return or removal decision or official papers showing that you lived or worked outside the Dublin countries.

What information should I make sure that the authorities know? How can I explain this information to the authorities?

It is likely that you will be interviewed in order to be able to determine which country is responsible for examining your request for asylum. At this interview, we will explain the ‘Dublin procedure’. You should provide us all the information you have about the presence of any family members or relatives in any one of the Dublin countries, as well as any other information which you think could be relevant for establishing the responsible country (see below for a detailed indication of which information is relevant). You should also provide any documents or papers in your possession that contain relevant information.

Please tell us all relevant information to help determine which country is responsible for examining your application.

The interview will take place in a language that you understand or are supposed to reasonably understand and be able to communicate in.

You can ask for an interpreter to help you communicate if you are not able to understand the language used. The interpreter must only interpret what you and the interviewer are saying. The interpreter must not add his or her personal views. If you have difficulty understanding the interpreter, you must tell us and/or speak to your lawyer.

The interview will be confidential. This means that none of the information that you provide, including the fact that you have applied for asylum, will be sent to persons or authorities in your country of origin who may harm in any way you, or your family members who are still in your country of origin.

You can only be denied the right to an interview if you have already provided this information by other means, after you have been informed about the Dublin procedure and of its consequences for your situation. If you are not interviewed, you can ask to provide additional written information relevant for deciding the country responsible.

How will the authorities establish the country responsible for examining my application?

There are various reasons why a country may be responsible for examining your application. These reasons are applied in an order of importance given by the law. If one reason is not relevant, the next will be considered, and so on.

The reasons relate to the following factors, in order of importance:

• — you have a family member (husband or wife, children under the age of 18) who has been granted international protection or who is an asylum seeker in another Dublin country;

It is therefore important that you inform us if you have family members in another Dublin country, before a first decision is made on your asylum request. If you want to be brought together in the same country, you and your family member will have to express your desire in writing.

• — you were previously issued a visa or a residence permit by another Dublin country;

• — your fingerprints were taken in another Dublin country (and stored in a European database called Eurodac ([^E0014]));

• — there is evidence that you have been to, or travelled through, another Dublin country, even if you did not have your fingerprints taken there.

What if I depend on someone’s care or somebody depends on me?

You could be re-united in the same country as your mother, father, child, brother or sister if all of the following conditions apply:

• — they are legally resident in one of the Dublin countries;

• — one of you is pregnant, or has a new-born child, or is seriously ill, or has a severe disability or is old;

• — one of you depends on the assistance of the other, who is able to take care of him or her.

The country where your child, sibling or parent is resident should normally accept responsibility for examining your application, provided that your family ties existed in your country of origin. You will also be asked to indicate in writing that you both wish to be re-united.

You can ask for this possibility if you are already present in the country where your child, sibling or parent is present, or if you are in a different country to the one where you relatives are resident. In this second case, it will mean that you will have to travel to that country, unless you have a health condition that prevents you from travelling for a long period of time.

In addition to this possibility, you can always ask during the asylum procedure to join a family relation for humanitarian, family or cultural reasons. If this is accepted, you may have to move to the country where your family relation is present. In such a case you would also be asked to give your agreement in writing. It is important that you inform us of any humanitarian reasons for having your request examined here or in a different country.

Where relationships, dependency or humanitarian issues are raised you may be asked to provide explanation or proof to support your claims.

What if I am ill or have any special needs?

In order to provide you with appropriate medical care or treatment, the authorities here need to know of any special need you may have, including about your health, and in particular if you:

• — are a disabled person,

• — are pregnant,

• — have a serious illness,

• — have been subject to torture, rape or other serious forms of psychological, physical and sexual violence.

If you tell us your medical details and it is decided that you will be sent to a different country, we will ask your permission to share your medical information with the country to which you are being sent. If you do not agree to this, this will prevent the medical information from being sent, but it will not prevent your transfer to the responsible country. Bear in mind that if you do not agree to let us send your medical information to the other country, the other country will not be able to take care of your special needs.

Please note that your medical information will always be handled with strict confidentiality by professionals subject to secrecy obligations.

How long will it take to decide which country will treat my application? How long will it take before I have my application examined?

If the authorities in this country decide that we are responsible for examining your application for asylum, this means that you may remain in this country and have your application examined here.

What happens if another country, different from the one where I am present, is found responsible for examining my application?

If we consider that another country is responsible for examining your application, we will request that country to accept responsibility within 3 months of the date of the submission of your application in this country.

However, if the responsibility of another country is established based on your fingerprint data, the request to the other country will be sent within 2 months from the moment the results are obtained from Eurodac.

• — If this is the first time that you have applied for asylum in a Dublin country but there is reason to believe that another Dublin country should examine your asylum application, we will request that other country to ‘ take charge ’ of your case.

The country to which we send the request must answer within 2 months of the receipt of the request. If that country does not reply within this timeframe, this means that it has accepted responsibility for your application.

• — If you have already applied for asylum in another Dublin country different from the one where you are now present, we will request that other country to ‘ take you back ’

The country to which we send the request must answer within 1 month of the receipt of the request or within 2 weeks if the request was based on Eurodac data. If that country does not reply within this timeframe this means that it has accepted responsibility for your application and agrees to take you back.

If, however, you did not apply for asylum in this country and your previous asylum application in another country has been rejected by a final decision, we can either choose to send a request to the responsible country to take you back, or to proceed with your return to your country of origin or of permanent residence or to a safe third country ([^E0015]).

If another country accepts that it is responsible for examining your application, you will be informed of our decision:

• — not to examine your request for asylum here in this country and,

• — to transfer you to the responsible country.

Your transfer will take place within 6 months of the date when the other country accepted responsibility, or, if you decide to challenge the decision, within 6 months from the moment a court or tribunal decides that you may be sent to that country. This time limit can be extended if you run away from the authorities here or if you are imprisoned.

If you are held in detention/a closed centre in this country as part of the Dublin procedure, shorter time limits will apply (see specific section on detention for further information).

The responsible country will treat you as an asylum seeker and you will benefit from all related rights. If you never applied for asylum before in that country, you will be given the opportunity to apply after your arrival.

What if I disagree with the decision to send me to another country?

You have the possibility to say that you disagree with a decision to send you to another Dublin country. This is called an ‘appeal’ or ‘review’.

You can also ask for a suspension of the transfer for the duration of the appeal or review.

You can find information on which authorities to contact in order to challenge a decision in this country at the end of this leaflet.

When you receive the official transfer decision from the authorities, you have [x days ([^E0016])] to make an appeal to the [name of Appeal Authority ([^E0017])]. It is very important that you challenge (appeal or review) within the indicated time.

While your appeal or review is examined, you may remain in this country. Or ([^E0018])

Your transfer will be suspended for [y days ([^E0019])] before a court or tribunal will decide whether it is safe for you to be in the country responsible while your appeal is examined. Or

You have [y days ([^E0020])] to request that your transfer is suspended while your appeal is examined. A court or tribunal will shortly decide on this request. If it denies you the suspension, you will be given the reasons for that.

During this procedure you have the right to legal assistance and, if necessary, linguistic assistance. Legal assistance means that you have the right to have a lawyer who will prepare your papers and represent you in front of a court.

You may ask to have this assistance for free if you cannot afford the costs. Information on organisations that provide legal assistance can be found at the end of this leaflet.

Can I be detained?

There may be other reasons why you can be detained, but, for the purposes of the Dublin procedure, you may only be detained if our authorities consider there is a significant risk that you can run away because you do not want to be sent to another Dublin country.

What does this mean?

If our authorities consider that there is a significant risk that you will run away from us — for example because you have already done so or because you do not comply with reporting obligations etc. - they may put you in detention at any moment during the Dublin procedure. The reasons for which you may be detained are written in law. No other reasons than those in the law can be invoked in order to detain you.

You have the right to be informed in writing of the reasons why you are being detained, as well as the possibilities to challenge the detention order. You also have the right to legal assistance if you wish to challenge the detention order.

If you are detained during the Dublin procedure, the timeframe of the procedure for you will be the following:

• — We will request the other country to accept responsibility within 1 month of the submission of your asylum application.

• — The country to which we sent the request must reply within 2 weeks of the receipt of our request.

• — Your transfer should be carried out within 6 weeks of the acceptance of the request by the responsible country. If you challenge the transfer decision, the 6 weeks will be counted from the moment the authorities, or a court or tribunal decides that it is safe for you to be sent to the responsible country while your appeal is being considered.

If we fail to comply with the deadlines for sending the request or for implementing your transfer, your detention for the purpose of transfer under the Dublin Regulation will be ended. In that case, the normal time limits presented above will apply.

What will happen with the personal information that I provide? How do I know that it will not be misused?

The authorities of Dublin countries can exchange the data you are providing to them during the Dublin procedure for the sole purpose of fulfilling their obligations under the Dublin and Eurodac Regulations. Throughout the Dublin procedure you have the right for all your personal details and the information you provide about yourself, your family situation, etc. to be protected. Your data can only be used for the purposes defined by law.

You will have a right of access:

• — To data relating to you. You have the right to request that such data, including Eurodac data be corrected, if they are inaccurate, or be deleted if they have been unlawfully processed;

• — To the information explaining how to ask that your data, including Eurodac data, are corrected or deleted. This includes the contact details of the competent authorities responsible for your Dublin procedure, and of the national data protection authorities responsible for dealing with requests concerning the protection of personal data.

ANNEX XI

INFORMATION FOR UNACCOMPANIED CHILDREN WHO ARE APPLYING FOR INTERNATIONAL PROTECTION PURSUANT TO ARTICLE 4 OF REGULATION (EU) No 604/2013

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