Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 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

Type Implementing Regulation
Publication 2014-02-08
State Repealed
Text As published
Department European Commission
Source EUR-Lex
articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API
8.2.2014 EN Official Journal of the European Union L 39/1

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 1, and in particular Articles 4(3), 6(5), 8(6), 16(4), 21(3), 22(3), 23(4) and 24(5), Article 29(1) and (4), Article 31(4), Article 32(1) and (5), and Article 35(4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 1560/2003

Regulation (EC) No 1560/2003 is amended as follows:

‘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[^ntr*1-L_2014039EN.01000101-E0008] 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.

[^ntr*1-L_2014039EN.01000101-E0008]: Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).’;"

  • (2) Article 2 is replaced by the following:

‘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[^ntr*2-L_2014039EN.01000101-E0009] 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.

[^ntr*2-L_2014039EN.01000101-E0009]: 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 (OJ L 180, 29.6.2013, p. 31).’;"

  • (3) in Article 8, a new paragraph is added:

‘3.   The standard form set out in Annex VI shall be used for the purpose of transmitting to the responsible Member State the data essential to safeguard the rights and immediate needs of the person to be transferred. This standard form shall be considered a notice in the meaning of paragraph 2.’;

‘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.’;

‘2.   A Member State which, for one of the reasons set out in Article 29(2) of Regulation (EU) No 604/2013, cannot carry out the transfer within the normal time limit of six months from the date of acceptance of the request to take charge or take back the person concerned or of the final decision on an appeal or review where there is a suspensive effect, shall inform the Member State responsible before the end of that time limit. Otherwise, the responsibility for processing the application for international protection and the other obligations under Regulation (EU) No 604/2013 falls to the requesting Member State, in accordance with Article 29(2) of that Regulation.’;

‘6.   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.’;

‘3.   With a view to facilitating the appropriate action to identify the family members, siblings or relatives of an unaccompanied minor, the Member State with which an application for international protection was lodged by an unaccompanied minor shall, after holding the personal interview pursuant to Article 5 of Regulation (EU) No 604/2013 in the presence of the representative referred to in Article 6(2) of that Regulation, search for and/or take into account any information provided by the minor or coming from any other credible source familiar with the personal situation or the route followed by the minor or a member of his or her family, sibling or relative.

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.

  1. 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.
  1. 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.
  1. In order to carry out the exchange of information referred to in paragraph 4, the standard form set out in Annex VIII 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 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.’;

‘Requests, replies and all written correspondence between Member States concerning the application of Regulation (EU) No 604/2013 shall be sent through the “DubliNet” electronic communications network, set up under Title II of this Regulation.’;

‘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 16a

Information leaflets for applicants for international protection

  1. A common leaflet informing all applicants for international protection of the provisions of Regulation (EU) No 604/2013 and on the application of Regulation (EU) No 603/2013 is set out in Annex X.
  1. A specific leaflet for unaccompanied children applying for international protection is set out in Annex XI.
  1. Information for third-country nationals or stateless persons apprehended in connection with irregular crossing of an external border is set out in Annex XII.
  1. Information for third-country nationals or stateless persons found illegally staying in a Member State, are set out in Annex XIII.’;

‘4.   The forms of which the models are set out in Annexes I and III and the forms for the request of information set out in Annexes V, VI, VII, VIII and IX shall be sent between National Access Points in the format supplied by the Commission. The Commission shall inform the Member States of the technical standards required.’;

‘1.   Each transmission shall have a reference number making it possible unambiguously to identify the case to which it relates and the Member State making the request. That number must also make it possible to determine whether the transmission relates to a request for taking charge (type 1), a request for taking back (type 2), a request for information (type 3), an exchange of information on the child, sibling or parent of an applicant in a situation of dependency (type 4), an exchange of information on the family, sibling or relative of an unaccompanied minor (type 5), the transmission of information prior to a transfer (type 6) or the transmission of the common health certificate (type 7).’;

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

‘3.   If a National Access Point has sent data to a National Access Point that has experienced an interruption in its operation, the log of transmission at the level of the central communication infrastructure shall be used as proof of the date and time of transmission. The deadlines set by Regulation (EU) No 604/2013 for sending a request or a reply shall not be suspended for the duration of the interruption of the operation of the National Access Point in question.’;

Article 2

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.

Done at Brussels, 30 January 2014.

For the Commission

The President

José Manuel BARROSO

2

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 (OJ L 222, 5.9.2003, p. 3).

3

Council Regulation (EC) No 343/2003 of 18 February 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 (OJ L 50, 25.2.2003, p. 1).

4

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 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 and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).

5

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).

6

Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

7

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

ANNEX

‘ANNEX I

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STANDARD FORM FOR DETERMINING THE MEMBER STATE (1) RESPONSIBLE FOR EXAMINING AN APPLICATION FOR INTERNATIONAL PROTECTION

Request for taking charge presented on the basis of the following Article of Regulation (EU) No 604/2013:

Article 8 (unaccompanied minor):

Article 9 (family member resident in the Member State as a beneficiary of international protection):

Article 10 (family member applying for international protection in a Member State):

Article 11 (keeping family groups together):

Article 12(1) or (3) (valid residence document):

Article 12(2) or (3) (valid visa):

VIS No (where applicable) …

Article 12(4) (residence document which expired less than two years previously or visa which expired less than six months previously):

Article 13(1) (illegal entry at external frontier less than 12 months ago):

Article 13(2) (residence of at least 5 months in the Member State):

Article 14(1) (visa requirement waived for entry):

Article 16 (keeping an applicant together with a dependent relative)

Article 17(2) (sovereignty clause or humanitarian grounds):

Eurodac data:

Eurodac No: …

Reply requested urgently:

No later than: …

Reason for urgency: Article 28 (detention)

Article 21(2) (other reasons)

File number

Personal particulars of applicant

  1. Surname (*)

Maiden name

  1. Forename(s)
  1. Does the applicant use/has he/she used other names?

What are/were they?

Yes

No

  1. Date of birth
  1. Place of birth

District/region

Country

  1. Nationality(ies)

(indicate all)

a) current

b) previous

c) none/stateless

  1. Sex

Male

Female

  1. Name of father
  1. Name of mother

Photo

(*) In block capitals.

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  1. Marital status

Single

Married

Widowed

Divorced

Cohabitee

  1. Language(s) of origin

Personal particulars of family members

  1. Spouse:

Surname (*), maiden name, forename(s), sex, date of birth, place of birth, place of residence (if the spouse is seeking international protection a separate form should be completed; in this case include the reference number of the other member of the couple on all forms).

Reference number of spouse (if necessary): …

  1. Children:

Surname (*), forename(s), sex, date of birth, place of birth, place of residence (indicate all children; a separate form should be completed for children over 18 years of age if international protection is sought)

a) …

b) …

c) …

d) …

e) …

  1. Place and date of the application for international protection in the country of residence: …

Previous asylum procedures

  1. Has the applicant ever previously applied for international protection or recognition of refugee or subsidiary protection status in the country of residence or in another country?

Yes

No

When and where?

Was any decision taken on the application?

No

Don’t know

Yes, application rejected

When was the decision taken?

Identity papers

  1. National passport

Number

Issued on

By

Valid until

Yes

No

  1. Document replacing passport

Number

Issued on

By

Valid until

Yes

No

  1. Other document

Number

Issued on

By

Valid until

Yes

No

  1. In the absence of documents:

(specify whether they may have contained a valid visa or residence permit and, if so, indicate the issuing authority and date of issue as well as the period of validity)

Left without documents

Documents lost

Documents stolen

(When? where?

…)

Other reasons

(Please specify …)

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Residence documents/visas

  1. Does the applicant possess a residence document/visa for the country of residence?

Yes

No

Type of document

Residence permit

Entry visa

Transit visa

Issued on

By

Valid until

  1. Does the applicant possess a residence document/visa for another EU Member State? (2)

Yes

No

Which State?

Type of document

Residence permit

Entry visa

Transit visa

Issued on

By

Valid until

Travel route

  1. Country in which the journey was begun

(country of origin or of provenance)

Route followed from country where journey was begun to point of entry into country in which international protection is requested

Dates and times of travel

Crossed border on

At the authorised crossing point

or

Avoided border controls (entered illegally)

Means of transport used

Public transport (what form? …)

Own vehicle

Other means (how? …)

  1. Did the applicant enter via another European Union Member State? (3)

Yes

No

Which was the first EU Member State entered?

Crossed border at authorised crossing point,

or

Avoided border controls at

When?

Residence in another EU Member State (4)

  1. Residence in another EU Member State or States after leaving country in which journey was begun (country of origin/provenance)

Yes

No

In which State or States?

From – to

Place/exact address

Residence was

Authorised

Unauthorised

Period of validity of residence permit

Purpose of residence

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Particulars of family members living in EU Member States (5)

  1. a) Is any family member residing in a Member State?

Yes

No

Name of family member

Date of birth

Marital status

Single

Married

Widowed

Divorced

Relationship

spouse

father

mother

child

brother

sister

guardian

other (please specify)

Member State

Address in that State

Residence status

recognised beneficiary

resident

applicant

illegal

b) Do any of those concerned object to the examination of the application in that Member State?

Yes

No

Other useful information

(1) NB: The words ‘Member States’ include Iceland, Norway, Switzerland and Liechtenstein.

(2) Including Iceland, Norway, Switzerland and Liechtenstein.

(3) Including Iceland, Norway, Switzerland and Liechtenstein.

(4) Including Iceland, Norway, Switzerland and Liechtenstein.

(5) Including Iceland, Norway, Switzerland and Liechtenstein.

‘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

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

Probative evidence

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

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

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

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

Probative evidence

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

Probative evidence

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

Probative evidence

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

Probative evidence

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

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

Probative evidence

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

Probative evidence

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

Probative evidence

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

8

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

Indicative evidence

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

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

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

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

Indicative evidence

In such cases, they constitute probative evidence as defined in list A;

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

Indicative evidence

In such cases, they constitute probative evidence as defined in list A;

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

Indicative evidence

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

Indicative evidence

In such cases, they constitute probative evidence as defined in list A;

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

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

Indicative evidence

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

Indicative evidence

In such cases, they constitute probative evidence as defined in list A;

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

Indicative evidence

In such cases, they constitute probative evidence as defined in list A;

‘ANNEX III

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STANDARD FORM FOR REQUEST FOR TAKING BACK

Request for taking back presented on the basis of the following Article of Regulation (EU) No 604/2013:

Article 20(5) (process of determining the Member State responsible is under way in the Member State where the application was lodged):

Article 18(1)(b) (applicant made an application in another Member State or is in another Member State without a residence document, while application is under examination in the Member State responsible):

Article 18(1)(c) (third country national or stateless person has made an application or is in another Member State without a residence document after withdrawing his/her application in the Member State responsible):

Article 18(1)(d) (third country national or stateless person has made an application or is in the Member State without a residence document and his application has been rejected in the Member State responsible):

Eurodac data:

Eurodac No: …

Reply requested urgently:

No later than: …

Reason for urgency: …

File number

Personal particulars of applicant

  1. Surname (*)

Maiden name

  1. Forename(s)
  1. Does the applicant use/has he/she used other names?

Yes

No

What are/were they?

  1. Date of birth
  1. Place of birth

District/region

Country

  1. Nationality(ies)

(indicate all)

a) current

b) previous

c) none/stateless

  1. Sex

Male

Female

  1. Name of father
  1. Name of mother
  1. Marital status

Single

Married

Widowed

Divorced

Cohabitee

(*) In block capitals

Photo

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  1. Date of the application in the requesting country, of the Eurodac hit, or on which the requesting Member State became aware that the requested Member State may be responsible for the person concerned, as applicable

Previous procedures

  1. Has the applicant ever previously applied for international protection or recognition of refugee status in the country of residence or in another country?

Yes

No

When and where?

Was any decision taken on the application?

No

Don’t know

Yes, application rejected

When was the decision taken

  1. Does the applicant state that he left the territory of the Member States?

Yes

No

If yes:

Date of departure: …

Date of return: …

Which country(ies) did he go to?

Travel route:

  1. Documents submitted by the applicant

Please enclose a list:

Other useful information:

‘ANNEX IV

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Specimen laissez-passer for transfer of applicants for international protection

LAISSEZ-PASSER

Reference No (*):

Issued pursuant to Article 29(1) of Regulation (EU) No 604/2013 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 (1) by a third-country national or stateless person.

Valid only for transfer from … (2) to … (3), with the applicant required to present him/herself at … (4) by … (5)

Issued at: …

SURNAME: …

FORENAMES: …

PLACE AND DATE OF BIRTH: …

NATIONALITY: …

Date of issue …

For the Ministry for the Interior: …

SEAL

The bearer of this laissez-passer has been identified by the authorities … (6) (7).

This document is issued pursuant to Article 29(1) of Regulation (EU) No 604/2013 only and cannot under any circumstances be regarded as equivalent to a travel document permitting the external frontier to be crossed or to a document proving the individual’s identity.

(*) Reference number to be given by the country from which the transfer takes place.

(1) NB: The words ‘Member States’ include Iceland, Norway, Switzerland and Liechtenstein.

(2) Member State from which transferred.

(3) Member State to which transferred.

(4) Place where the applicant has to present him/herself upon arrival in the Member State responsible.

(5) Deadline by which the applicant has to present him/herself upon arrival in the Member State responsible.

(6) On the basis of the following travel or identity documents presented to the authorities.

(7) On the basis of a statement by the asylum applicant or of documents other than a travel or identity document.

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‘ANNEX V

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REQUEST FOR INFORMATION PURSUANT TO ARTICLE 34 OF REGULATION (EU) No 604/2013

Date: / /

Reference No: …

Individual concerned:

Surname: …

Forename: …

Date of birth: …

Place of birth: …

Nationality: …

Indicative evidence enclosed:

Yes:

No:

(please specify)

This request for information concerns:

residence document:

appeal:

travel document:

decision:

visa:

expulsion:

application for international protection:

other:

Details: …

‘ANNEX VI

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STANDARD FORM FOR THE TRANSFER OF DATA PRIOR TO A TRANSFER PURSUANT TO ARTICLE 31(4) OF REGULATION (EU) No 604/2013

Date (DD/MM/YY):

Transferring Member State:

Ref. number in the transferring Member State:

Responsible Member State:

Ref. number in the responsible Member State:

Data identifying the person to be transferred:

Family name: (if different in the responsible Member State please specify )

First name: (if different in the responsible Member State please specify )

Alias: (if different in the responsible Member State please specify )

Date and place of birth:

Nationality(ies):

Sex: M/F

Timeframe regarding the transfer:

Within six months of acceptance of the request;

Within six months of a decision on an appeal with suspensive effect; please indicate the date when the final decision on appeal or review was issued

Within one year of acceptance of the request, due to imprisonment of the person;

Within 18 months of acceptance of the request, due to absconding of the person.

Data regarding the transfer:

Type of transfer:

Voluntary transfer

By supervised departure

Under escort ; if possible, please provide details of the escort (name, function etc.)

Proposed date of the transfer (DD/MM/YY):

Means used to transfer the person to the responsible Member State:

By car (please provide specific details )

By train (please provide specific details )

By plane (please provide specific details )

Other (please mention which and provide specific details)

Location on the territory (1) of the responsible Member State where the person will be reporting to or handed over to the authorities:

(1) The expression “on the territory” covers both border points and internal territory, and both situations of escorted transfers (which may be limited to the border point) and situations of voluntary transfers (where the person is reporting to the asylum authorities inside the territory as well). The rules on the division of costs between the sending and receiving Member States are those stipulated in Regulation (EU) No 604/2013, Article 30.

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Foreseen date and time of arrival in the responsible Member State:

The person to be transferred will be in possession of:

a laissez-passer;

other travel document; please indicate type and reference number

Documents the person will be carrying:

Other data regarding the person to be transferred:

Where the person travels with family:

Spouse; please provide name, age and reference numbers, if applicable

Children; please provide name, age and reference numbers, if applicable

Any other relative; please specify the relation, and provide the name, age and reference numbers, if applicable

Assistance needed upon arrival, other than health-related:

Contact details of family members, relatives and other family relations in the responsible Member State:

Languages spoken by the person(s) transferred:

If accompanying minors, provide, where possible, information on the level of education of the minors:

Health condition of the person(s) to be transferred:

All persons to be transferred appear fit to travel;

One or more persons to be transferred has/have health related concerns; in this case, please provide the name(s) and reference numbers of that/those person(s) and specify if corresponding health certificate(s) is/are attached:

yes;

no, the person is physically or legally incapable of giving consent and no vital interests of the applicant or of another person can be affected;

no, the person refused to consent to transmitting his/her health data.

Any other relevant information on the person(s) to be transferred:

‘ANNEX VII

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STANDARD FORM FOR EXCHANGE OF INFORMATION ON THE CHILD, SIBLING OR PARENT OF AN APPLICANT IN SITUATIONS OF DEPENDENCY PURSUANT TO ARTICLE 16(4) OF REGULATION (EU) No 604/2013

PART A

DATA TO BE FILLED BY THE REQUESTING MEMBER STATE

Date (DD/MM/YY):

Ref. number:

Requesting Member State:

Requested Member State(s):

Data regarding the applicant:

Family name:

First name:

Date and place of birth (declared or documented by the applicant):

In the absence of that, age declared by the applicant:

Nationality(ies):

Sex: M/F

Proposed date for receiving a reply:

Information allowing to identify and locate the person possibly found on the territory of the requested Member State:

presumed relationship with the applicant:

child

sibling

parent

personal details of the child, sibling or parent:

Family name:

First name:

Date and place of birth:

Nationality(ies) (present and former):

Sex: M /F

Address in the requested Member State:

Please attach any photographic evidence which might be helpful in identifying the child, sibling or parent.

Photographic evidence annexed (if any).

claimed relationship of dependence:

the applicant claims to be dependent on the person;

the person claims to be dependent on the applicant.

type of dependence:

pregnancy

new-born child

serious illness

severe disability

old age

Any other comments:

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PART B

DATA TO BE FILLED BY THE REQUESTED MEMBER STATE

Ref. number:

Information requested:

Concerning the presence of the person on the territory of the requested Member State, please specify:

Person was not found;

If the person mentioned above is legally resident in the requested Member State:

Yes

No

in an on-going procedure for obtaining legal residence (additional information: )

Any other situation (please mention which):

Where the person was identified and/or located, please provide:

First name:

Family name:

Date and place of birth:

Nationality:

Contact details: address, telephone number, etc.:

Any other information enabling to identify or locate the person (photographs, statements, administrative information, etc.)

In situations where a child, sibling or parent is (are) identified as legally resident(s) in the requested Member State:

Declared relationship with the applicant:

Please specify, following inquiry, the presumed nature of the relationship of the person identified with the applicant:

Please provide information on the type of data used to establish the relation (e.g. administrative certificates or other types of official documents found in the possession of the person)

Where applicable, presumed capacity of the person to take care of the applicant:

The person does not seem capable of taking care of the applicant

The person seems capable of taking care of the applicant

In the latter case, please provide preliminary information concerning any or all of the following aspects:

Basic evidence of material capacity to take care of the applicant (financial information, employment information, social security information, etc.) — please attach documentation;

Evidence of capacity to take care of the applicant (the person expresses desire in writing to take care of the applicant, the person seems socially and psychologically appropriate to take care of the applicant, the person already took care of the applicant in the past, etc.) — please attach written consent.

If applicable, name and contact details of public authority, representative services, NGO or IGO who were involved in identifying and locating the person, assessing the degree of relationship or in evaluating the capacity to take care of the applicant and that could be contacted by medical/social services in the requesting Member State

Any other comments:

‘ANNEX VIII

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STANDARD FORM FOR THE EXCHANGE OF INFORMATION ON THE FAMILY, SIBLINGS OR RELATIVES OF AN UNACCOMPANIED CHILD IN A DUBLIN PROCEDURE PURSUANT TO ARTICLE 6(5) OF REGULATION (EU) No 604/2013

PART A

DATA TO BE FILLED BY THE REQUESTING MEMBER STATE

Date (DD/MM/YY):

Ref. number:

Requesting Member State:

Requested Member State(s):

Data regarding the child:

Family name:

First name:

Date of birth as documented:

In the absence of that, age declared by the child:

Place of birth:

Age assessment made by the requesting MS:

Yes; please specify the method used for the assessment and the result;

No

Nationality(ies) or country of habitual residence, if considered stateless:

Sex: M /F

Proposed date for receiving a reply (1):

Reasons for the request for information (please tick any of the following boxes, as appropriate):

Information provided by the child: (please indicate briefly the content of the information helpful for the identification of the parent, sibling or relative)

The views of the child, [with regard to future care], in line with Article 6 of the Regulation

Information provided by another person traveling with the child: (please indicate the nature of the relation of this person to the child and briefly describe the content of the information helpful for the identification of the parent, sibling or relative);

Information provided through the representative: (please indicate briefly the content of the information helpful for the identification of the parent, sibling or relative);

Information provided via child protection channels/Red Cross/UNHCR/ICRC/other NGO or IGO: (please indicate which organisation and briefly describe the content of the information helpful for the identification of the parent, sibling or relative).

Concerning the identity of the following person possibly found on the territory of the requested Member State:

Family name:

First name:

Nationality(ies)

Sex: M /F

Contact details, if known (address, telephone number, as applicable):

Any other information allowing to locate the person in the requested Member State:

(1) The four weeks proposed deadline will be included in the relevant article of the implementing regulation.

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Presumed relationship with the child:

parent

adult responsible

sibling

aunt/uncle

grandparent

any other family relation, not defined by the Regulation (please specify: )

Please attach any photographic evidence provided, which might be helpful in identifying the person concerned.

Photographic evidence annexed

Any other comments:

PART B

DATA TO BE FILLED BY THE REQUESTED MEMBER STATE

Ref. number:

Concerning the presence of the person on the territory of the requested Member State, please specify:

Person was not found;

Person was found; in this case, please provide:

Family name:

First name:

Date and place of birth:

Nationality:

Contact details, if known (address, telephone number, as applicable):

Any other information locating the person:

If the person mentioned above is legally present on the territory of the requested Member State:

Yes

No

in an on-going procedure for obtaining legal residence (additional information: )

Any other situation (please mention which):

If “yes”, under which status (please tick one or more of the following boxes, as applicable):

applicant for international protection

beneficiary of international protection

with short term visa

with residence permit or long stay visa

in a procedure for obtaining a residence permit

In prison (please specify the reason for this, the start of and length of imprisonment )

any other legal status (please specify )

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If the person is present on the territory of the requested Member State with an irregular status:

In a return procedure

In prison (please specify the reason, the start of and length of imprisonment )

In detention (please specify the start of and length of detention period )

Any other situation (please mention which):

If the person is no longer present on the territory of the requested Member State:

Date of departure

(please provide date of return DD/MM/YY)

Person absconded

(please provide approximate date of absconding DD/MM/YY )

Any other situation (please specify)

If possible, in case whereabouts of the person are known, please provide contact details: address, telephone number, etc.

Any other information enabling to identify or locate the person (photographs, statements, administrative information, etc.)

If the requested Member State is or has been aware of the presence of family members or relatives, but no longer is aware of its whereabouts, please specify the circumstances of this presence

In situations where the person/persons mentioned above is/are present on the territory of the requested Member State:

Relationship of the person with the child:

Please specify, following inquiry, the presumed nature of the relationship of the person identified with the child:

Please provide information on the type of data used to establish the relation (e.g. administrative certificates or other types of official documents found in the possession of the person)

Presumed capacity of the person to take care of the child:

The person does not seem capable of taking care of the child

The person seems capable of taking care of the child

In the latter case, please provide preliminary indication concerning any or all of the following aspects:

Material evidence of capacity to take care of the child (financial information, employment information, social security information, etc.)

Evidence of capacity to take care of the child (the person wishes to take care of the child, the person seems socially and psychologically apt to take care of the child, the person already took care of the child in the past, etc.)

If applicable, name and contact details of public authority, representative services, NGO or IGO who were involved in identifying and locating the person, assessing the degree of relationship or in evaluating the capacity to take care of the child and that could be contacted by similar services in the requesting Member State

Any other comments or relevant information:

Attachments (where appropriate):

‘ANNEX IX

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STANDARD FORM FOR EXCHANGE OF HEALTH DATA PRIOR TO A DUBLIN TRANSFER PURSUANT TO ARTICLE 32(1) OF REGULATION (EU) No 604/2013

(Common health certificate)

Date (DD/MM/YY):

Transferring Member State:

Ref. number in the transferring Member State:

Responsible Member State:

Ref. number in the responsible Member State:

Data identifying the person transferred:

Family name:

First name:

Date and place of birth:

Nationality(ies):

Sex: M /F

Information regarding the transfer:

Type of transfer:

Voluntary transfer;

By supervised departure;

Under escort.

Means used to transfer the person to the responsible Member State:

By car

By train

By plane

Other (please mention which and provide specific details )

I. Information provided by the transferring Member State

General evaluation of the person’s health:

Disabled

Elderly

Pregnant

Minor

Victim of torture or other form of physical violence

Victim of rape or other form of sexual violence

Victim of psychological violence

Suffering from a psychiatric condition

Suffering from any other condition that requires medical help

Please specify whether the evaluation was based on the person’s self-assessment or provided by a medical staff:

Medical diagnosis (if applicable):

If applicable, specify the treatment: and medication used

Duration of treatment (where known): from ; to

Specify whether treatment needs to continue upon arrival in the responsible Member State: until

Type of medical follow-up needed in the future (if known and considered necessary)

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II. Information relevant during the transfer

The person is accompanied/assisted during the transfer:

By medical doctor

By medical assistant

By a security personnel

Unaccompanied

If the person is accompanied, please provide details on the accompanying staff:

Medical intervention/assistance required during the transfer:

Yes which:

No

If the person is subject to medication which might influence/alter the state of the person during transfer:

Yes which:

No

Special needs during the transfer:

III. Considerations to be taken into account upon arrival

Medical assistance or assistance for special needs required upon arrival:

Yes, which: ;

No

IV. Explicit consent of the person transferred or of his/her representative for the transmission of the health information:

Yes, by person concerned

Yes, by representative of the person concerned

The person is physically incapable of giving consent; please specify, in line with Article 32(2) of Regulation (EU) No 604/2013, which vital interests could be affected

The person is legally incapable of giving consent; please specify, in line with Article 32(2) of Regulation (EU) No 604/2013, which vital interests could be affected

Any other comments:

‘ANNEX X

PART A

INFORMATION ABOUT THE DUBLIN REGULATION FOR APPLICANTS FOR INTERNATIONAL PROTECTION PURSUANT TO ARTICLE 4 OF REGULATION (EU) No 604/2013 9

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 10. 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.

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