When resorting to the measures referred to in Article 6 5 , the second subparagraph of Article 14 1 and Article 31 3 b , Member States shall inform the Commission as soon as the reasons for applying those exceptional measures have ceased to exist and at least on an annual basis. That information shall, where possible, include data on the percentage of the applications for which derogations were applied to the total number of applications processed during that period.
No later than 20 July , the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. Member States shall send to the Commission all the information that is appropriate for drawing up its report. After presenting the report, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years.
As part of the first report, the Commission shall also report, in particular, on the application of Article 17 and the various tools used in relation to the reporting of the personal interview. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 30, Article 31 1 , 2 and 6 to 9 , Articles 32 to 46, Articles 49 and 50 and Annex I by 20 July at the latest. They shall forthwith communicate the text of those measures to the Commission.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 31 3 , 4 and 5 by 20 July When Member States adopt the provisions referred to in paragraphs 1 and 2, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.
They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Member States shall apply the laws, regulations and administrative provisions referred to in Article 51 1 to applications for international protection lodged and to procedures for the withdrawal of international protection started after 20 July or an earlier date. Member States shall apply the laws, regulations and administrative provisions referred to in Article 51 2 to applications for international protection lodged after 20 July or an earlier date.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III. This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Designation of safe countries of origin for the purposes of Article 37 1.
In making this assessment, account shall be taken, inter alia, of the extent to which protection is provided against persecution or mistreatment by:.
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Multilingual display. Miscellaneous information. Relationship between documents. Article 3 Scope 1. Article 4 Responsible authorities 1. Article 5 More favourable provisions Member States may introduce or retain more favourable standards on procedures for granting and withdrawing international protection, insofar as those standards are compatible with this Directive.
Article 7 Applications made on behalf of dependants or minors 1. Member States may determine in national legislation: a the cases in which a minor can make an application on his or her own behalf; b the cases in which the application of an unaccompanied minor has to be lodged by a representative as provided for in Article 25 1 a ; c the cases in which the lodging of an application for international protection is deemed to constitute also the lodging of an application for international protection for any unmarried minor.
Article 8 Information and counselling in detention facilities and at border crossing points 1. Article 9 Right to remain in the Member State pending the examination of the application 1. Article 10 Requirements for the examination of applications 1. To that end, Member States shall ensure that: a applications are examined and decisions are taken individually, objectively and impartially; b precise and up-to-date information is obtained from various sources, such as EASO and UNHCR and relevant international human rights organisations, as to the general situation prevailing in the countries of origin of applicants and, where necessary, in countries through which they have transited, and that such information is made available to the personnel responsible for examining applications and taking decisions; c the personnel examining applications and taking decisions know the relevant standards applicable in the field of asylum and refugee law; d the personnel examining applications and taking decisions have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious, child-related or gender issues.
Article 11 Requirements for a decision by the determining authority 1. Article 12 Guarantees for applicants 1. With respect to the procedures provided for in Chapter III, Member States shall ensure that all applicants enjoy the following guarantees: a they shall be informed in a language which they understand or are reasonably supposed to understand of the procedure to be followed and of their rights and obligations during the procedure and the possible consequences of not complying with their obligations and not cooperating with the authorities.
That information shall be given in time to enable them to exercise the rights guaranteed in this Directive and to comply with the obligations described in Article 13; b they shall receive the services of an interpreter for submitting their case to the competent authorities whenever necessary.
In that case and in other cases where the competent authorities call upon the applicant, those services shall be paid for out of public funds; c they shall not be denied the opportunity to communicate with UNHCR or with any other organisation providing legal advice or other counselling to applicants in accordance with the law of the Member State concerned; d they and, if applicable, their legal advisers or other counsellors in accordance with Article 23 1 , shall have access to the information referred to in Article 10 3 b and to the information provided by the experts referred to in Article 10 3 d , where the determining authority has taken that information into consideration for the purpose of taking a decision on their application; e they shall be given notice in reasonable time of the decision by the determining authority on their application.
If a legal adviser or other counsellor is legally representing the applicant, Member States may choose to give notice of the decision to him or her instead of to the applicant; f they shall be informed of the result of the decision by the determining authority in a language that they understand or are reasonably supposed to understand when they are not assisted or represented by a legal adviser or other counsellor. Article 13 Obligations of the applicants 1.
In particular, Member States may provide that: a applicants are required to report to the competent authorities or to appear before them in person, either without delay or at a specified time; b applicants have to hand over documents in their possession relevant to the examination of the application, such as their passports; c applicants are required to inform the competent authorities of their current place of residence or address and of any changes thereof as soon as possible.
Member States may provide that the applicant shall have to accept any communication at the most recent place of residence or address which he or she indicated accordingly; d the competent authorities may search the applicant and the items which he or she is carrying.
Article 14 Personal interview 1. The personal interview on the substance of the application may be omitted where: a the determining authority is able to take a positive decision with regard to refugee status on the basis of evidence available; or b the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his or her control.
Article 15 Requirements for a personal interview 1. Wherever possible, Member States shall provide an interpreter of the same sex if the applicant so requests, unless the determining authority has reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner; d ensure that the person who conducts the interview on the substance of an application for international protection does not wear a military or law enforcement uniform; e ensure that interviews with minors are conducted in a child-appropriate manner.
Article 17 Report and recording of personal interviews 1. Article 18 Medical examination 1. Article 19 Provision of legal and procedural information free of charge in procedures at first instance 1.
Article 20 Free legal assistance and representation in appeals procedures 1. Article 21 Conditions for the provision of legal and procedural information free of charge and free legal assistance and representation 1. Article 22 Right to legal assistance and representation at all stages of the procedure 1. Article 23 Scope of legal assistance and representation 1. Article 24 Applicants in need of special procedural guarantees 1. Article 25 Guarantees for unaccompanied minors 1.
With respect to all procedures provided for in this Directive and without prejudice to the provisions of Articles 14 to 17, Member States shall: a take measures as soon as possible to ensure that a representative represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive.
Member States shall ensure that: a if an unaccompanied minor has a personal interview on his or her application for international protection as referred to in Articles 14 to 17 and 34, that interview is conducted by a person who has the necessary knowledge of the special needs of minors; b an official with the necessary knowledge of the special needs of minors prepares the decision by the determining authority on the application of an unaccompanied minor.
Where medical examinations are used, Member States shall ensure that: a unaccompanied minors are informed prior to the examination of their application for international protection, and in a language that they understand or are reasonably supposed to understand, of the possibility that their age may be determined by medical examination.
Article 26 Detention 1. Article 27 Procedure in the event of withdrawal of the application 1. Article 28 Procedure in the event of implicit withdrawal or abandonment of the application 1. Member States shall allow UNHCR: a to have access to applicants, including those in detention, at the border and in the transit zones; b to have access to information on individual applications for international protection, on the course of the procedure and on the decisions taken, provided that the applicant agrees thereto; c to present its views, in the exercise of its supervisory responsibilities under Article 35 of the Geneva Convention, to any competent authorities regarding individual applications for international protection at any stage of the procedure.
Article 30 Collection of information on individual cases For the purposes of examining individual cases, Member States shall not: a disclose information regarding individual applications for international protection, or the fact that an application has been made, to the alleged actor s of persecution or serious harm; b obtain any information from the alleged actor s of persecution or serious harm in a manner that would result in such actor s being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.
In such a case, Member States shall: a conduct reviews of the situation in that country of origin at least every six months; b inform the applicants concerned within a reasonable time of the reasons for the postponement; c inform the Commission within a reasonable time of the postponement of procedures for that country of origin.
Member States shall ensure that, where a decision cannot be taken within six months, the applicant concerned shall: a be informed of the delay; and b receive, upon his or her request, information on the reasons for the delay and the time-frame within which the decision on his or her application is to be expected.
Article 32 Unfounded applications 1. Article 34 Special rules on an admissibility interview 1. Article 36 The concept of safe country of origin 1. Article 37 National designation of third countries as safe countries of origin 1. Article 38 The concept of safe third country 1.
The application of the safe third country concept shall be subject to rules laid down in national law, including: a rules requiring a connection between the applicant and the third country concerned on the basis of which it would be reasonable for that person to go to that country; b rules on the methodology by which the competent authorities satisfy themselves that the safe third country concept may be applied to a particular country or to a particular applicant.
When implementing a decision solely based on this Article, Member States shall: a inform the applicant accordingly; and b provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance. Article 39 The concept of European safe third country 1. A third country can only be considered as a safe third country for the purposes of paragraph 1 where: a it has ratified and observes the provisions of the Geneva Convention without any geographical limitations; b it has in place an asylum procedure prescribed by law; and c it has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and observes its provisions, including the standards relating to effective remedies.
When implementing a decision solely based on this Article, the Member States concerned shall: a inform the applicant accordingly; and b provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.
Article 41 Exceptions from the right to remain in case of subsequent applications 1. Member States may make an exception from the right to remain in the territory where a person: a has lodged a first subsequent application, which is not further examined pursuant to Article 40 5 , merely in order to delay or frustrate the enforcement of a decision which would result in his or her imminent removal from that Member State; or b makes another subsequent application in the same Member State, following a final decision considering a first subsequent application inadmissible pursuant to Article 40 5 or after a final decision to reject that application as unfounded.
Article 42 Procedural rules 1. Those rules may, inter alia: a oblige the applicant concerned to indicate facts and substantiate evidence which justify a new procedure; b permit the preliminary examination to be conducted on the sole basis of written submissions without a personal interview, with the exception of the cases referred to in Article 40 6.
Article 45 Procedural rules 1. In addition, Member States shall ensure that within the framework of the procedure set out in paragraph 1: a the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate, from EASO and UNHCR, as to the general situation prevailing in the countries of origin of the persons concerned; and b where information on an individual case is collected for the purposes of reconsidering international protection, it is not obtained from the actor s of persecution or serious harm in a manner that would result in such actor s being directly informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration, or jeopardise the physical integrity of the person or his or her dependants, or the liberty and security of his or her family members still living in the country of origin.
Paragraph 6 shall only apply to procedures referred to in Article 43 provided that: a the applicant has the necessary interpretation, legal assistance and at least one week to prepare the request and submit to the court or tribunal the arguments in favour of granting him or her the right to remain on the territory pending the outcome of the remedy; and b in the framework of the examination of the request referred to in paragraph 6, the court or tribunal examines the negative decision of the determining authority in terms of fact and law.
Article 48 Confidentiality Member States shall ensure that authorities implementing this Directive are bound by the confidentiality principle as defined in national law, in relation to any information they obtain in the course of their work. Article 49 Cooperation Member States shall each appoint a national contact point and communicate its address to the Commission.
Article 50 Report No later than 20 July , the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary.
Article 51 Transposition 1. Article 52 Transitional provisions Member States shall apply the laws, regulations and administrative provisions referred to in Article 51 1 to applications for international protection lodged and to procedures for the withdrawal of international protection started after 20 July or an earlier date.
Article 54 Entry into force and application This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Articles 47 and 48 shall apply from 21 July Done at Brussels, 26 June For the Council The President A. Corrected by. The implementation of this Directive should be evaluated at regular intervals.
Time limits for transposition. First deadline: 1 December Second deadline: 1 December Article 4 1 , first subparagraph. Article 4 1 , second subparagraph. Article 9 2 , first subparagraph. Article 11 2 , first subparagraph. Article 9 2 , second subparagraph. Article 9 2 , third subparagraph. Article 11 2 , second subparagraph. Article 12 1 , first subparagraph. Article 14 1 , first subparagraph.
Article 12 2 , second subparagraph. Article 14 1 , second and third subparagraph. Article 12 2 , third subparagraph. Article 14 1 , fourth subparagraph. Article 12 3 , first subparagraph. Article 12 3 , second subparagraph. Article 14 2 , second subparagraph. Article 15 3 , second subparagraph. Article 16 1 , first subparagraph. Article 23 1 , first subparagraph. Article 16 1 , second subparagraph, first sentence. Article 23 1 , second subparagraph, introductory words.
Article 16 1 , second subparagraph, second sentence. Article 16 2 , first sentence. Article 16 2 , second sentence. Article 23 4 , first subparagraph. Article 16 4 , first subparagraph. Article 16 4 , second and third subparagraphs. Article 23 4 , second and third subparagraphs. Article 23 2 , first subparagraph. Article 23 2 , second subparagraph. Article 40 3 , first sentence.
Article 40 3 , second sentence. Article 32 7 , first subparagraph. Article 32 7 , second subparagraph. Article 40 6 , second subparagraph. Article 35 2 and 3 a to f. Article 39 1 a i and ii. Article 46 1 a ii and iii. Article 46 4 , first subparagraph. Article 46 4 , second and third subparagraphs.
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