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Legal provisions of COM(2016)467 - Common procedure for international protection in the Union

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2016)467 - Common procedure for international protection in the Union.
document COM(2016)467 EN
date July 13, 2016


CHAPTER I

GENERAL PROVISIONS

Contents

Article 1 - Subject matter

This Regulation establishes a common procedure for granting and withdrawing international protection referred to in Regulation (EU) No XXX/XXX (Qualification Regulation).

Article 2 - Scope

1. This Regulation applies to all applications for international protection made in the territory of the Member States, including at the external border, in the territorial sea or in the transit zones of the Member States, and to the withdrawal of international protection.

2. This Regulation does not apply to applications for international protection and to requests for diplomatic or territorial asylum submitted to representations of Member States.

Article 3 - Extension of the scope of application

Member States may decide to apply this Regulation to applications for protection to which Regulation (EU) No XXX/XXX (Qualification Regulation) does not apply.

Article 4 - Definitions

1. For the purposes of this Regulation, the following definitions referred to in Article 2 of Regulation (EU) No XXX/XXX (Qualification Regulation) apply:

(a)'Geneva Convention';

(b)'refugee';

(c)beneficiary of subsidiary protection';

(d)'international protection';

(e)'refugee status';

(f)'subsidiary protection status';

(g)'minor';

(h)'unaccompanied minor'.

2. In addition to paragraph 1, the following definitions apply:

(a)'application for international protection' or application means a request made by a third-country national or a stateless person for protection from a Member State, who can be understood as seeking refugee status or subsidiary protection status;

(b)'applicant' means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been made;

(c)'applicant in need of special procedural guarantees' means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Regulation is limited due to individual circumstances;

(d)'final decision' means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation), including a decision rejecting the application as inadmissible or a decision rejecting an application as explicitly withdrawn or abandoned and which can no longer be subject to an appeal procedure in the Member State concerned;

(e)'determining authority' means any quasi-judicial or administrative body in a Member State responsible for examining applications for international protection competent to take decisions at first instance;

(f)'guardian' means a person or an organisation appointed to assist and represent an unaccompanied minor with a view to safeguarding the best interests of the child and his or her general well-being in procedures provided for in this Regulation and exercising legal capacity for the minor where necessary;

(g)'withdrawal of international protection' means the decision by a determining authority to revoke, end or refuse to renew refugee status or subsidiary protection status of a person;

(h)'remain in the Member State' means to remain in the territory, including at the border or in transit zones, of the Member State in which the application for international protection has been made or is being examined;

(i)'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal;

(j)'Member State responsible' means the Member State responsible for the examination of an application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).

Article 5 - Responsible authorities

1. Each Member State shall designate a determining authority. The determining authority shall have the following tasks:

(a)receiving, registering and examining applications for international protection;

(b)taking decisions on applications for international protection;

(c)taking decisions on revoking, ending or refusing to renew the refugee or subsidiary status of a person as referred to in Regulation (EU) No XXX/XXX (Qualification Regulation).

2. Each Member State shall provide the determining authority with appropriate means, including sufficient competent personnel to carry out its tasks in accordance with this Regulation. For that purpose, each Member State shall regularly assess the needs of the determining authority to ensure that it is always in a position to deal with applications for international protection in an effective manner, particularly when receiving a disproportionate number of simultaneous applications.

3. The following authorities shall have the task of receiving and registering applications for international protection as well as informing applicants as to where and how to lodge an application for international protection:

(a)border guards;

(b)police;

(c)immigration authorities;

(d)authorities responsible for detention facilities.

Member States may entrust also other authorities with those tasks.

4. The determining authority of the Member State responsible may be assisted for the purpose of receiving, registering and examining applications for international protection by:

(a)the authorities of another Member State who have been entrusted by that Member State with the task of receiving, registering or examining applications for international protection;

(b)experts deployed by the European Union Agency for Asylum, in accordance with Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).

5. Member States shall ensure that the personnel of the determining authority, or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3, have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this Regulation.

Article 6 - Confidentiality principle

1. The authorities applying this Regulation shall safeguard the confidentiality of any information they obtain in the course of their work.

2. Throughout the procedure for international protection and after a final decision on the application has been taken, the authorities shall not:

(a)disclose information regarding the individual application for international protection or the fact that an application has been made, to the alleged actors of persecution or serious harm;

(b)obtain any information from the alleged actors of persecution or serious harm in a manner that would result in such actors 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.

CHAPTER II

BASIC PRINCIPLES AND GUARANTEES

Section i

Rights and Obligations of Applicants

Article 7 - Obligations of applicants

1. The applicant shall make his or her application in the Member State of first entry or, where he or she is legally present in a Member State, he or she shall make the application in that Member State as provided for in Article 4 of Regulation (EU) No XXX/XXX (Dublin Regulation).

2. The applicant shall cooperate with the responsible authorities for them to establish his or her identity as well as to register, enable the lodging of and examine the application by:

(a)providing the data referred to in points (a) and (b) of the second paragraph of Article 27(1);

(b)providing fingerprints and facial image as referred to in Regulation (EU) No XXX/XXX (Eurodac Regulation).  34

(c)lodging his or her application in accordance with Article 28 within the set time-limit and submitting all elements at his or her disposal needed to substantiate his or her application;

(d)hand over documents in his or her possession relevant to the examination of the application.

3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image, and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations, his or her application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.

5. The applicant shall remain on the territory of the Member State where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).

6. The applicant shall comply with obligations to report regularly to the competent authorities or to appear before them in person without delay or at a specified time or to remain in a designated area on its territory in accordance with Directive XXX/XXX/EU (Reception Conditions Directive), as imposed by the Member State in which he or she is required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).

7. Where it is necessary for the examination of an application, the applicant may be required by the responsible authorities to be searched or have his or her items searched. Without prejudice to any search carried out for security reasons, a search of the applicant's person under this Regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity.

Article 8 - General guarantees for applicants

1. During the administrative procedure referred to in Chapter III applicants shall enjoy the guarantees set out in paragraphs 2 to 8 of this Article.

2. The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand, of the following:

(a)the right to lodge an individual application;

(b)the procedure to be followed;

(c)their rights and obligations during the procedure, including the obligation to remain in the territory of the Member State in which they are required to be present in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation);

(d)the possible consequences of not complying with their obligations and not cooperating with the authorities;

(e)the time-frame of the procedure;

(f)the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation);

(g)the consequences of an explicit or implicit withdrawal of the application;

(h)the outcome of the decision of the determining authority, the reasons for that decision, as well as the consequence of a decision refusing to grant international protection and the manner in which to challenge such a decision.

The information referred to in the first paragraph shall be given in good time to enable the applicants to exercise the rights guaranteed in this Regulation and for them to adequately comply with the obligations set out in Article 7.

3. The determining authority shall provide applicants with the services of an interpreter for submitting their case to the determining authority as well as to courts or tribunals whenever appropriate communication cannot be ensured without such services. The interpretation services shall be paid for from public funds.

4. The determining authority shall provide applicants with the opportunity to communicate with United Nations High Commissioner for Refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law.

5. The determining authority shall ensure that applicants and, where applicable, their guardians, legal advisers or other counsellors have access to the information referred to in Article 33(2)(e) required for the examination of applications and to the information provided by the experts referred to in Article 33(3), where the determining authority has taken that information into consideration for the purpose of taking a decision on their application.

6. The determining authority shall give applicants notice within a reasonable time of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority may give notice of the decision to him or her instead of to the applicant.

Article 9 - Right to remain pending the examination of the application

1. Applicants shall have the right to remain in the Member State responsible, for the sole purpose of the procedure, until the determining authority has taken a decision in accordance with the administrative procedure provided for in Chapter III.

2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).

3. The responsible authorities of Member States may revoke the applicant's right to remain on their territory during administrative procedure where:

(a)a person makes a subsequent application in accordance with Article 42 and in accordance with the conditions laid down in Article 43;

(b)a person is surrendered or extradited, as appropriate, to another Member State pursuant to obligations in accordance with a European arrest warrant  35 or to a third country or to international criminal courts or tribunals.

4. A Member State may extradite an applicant to a third country pursuant to paragraph 3(b) only where the determining authority is satisfied that an extradition decision will not result in direct or indirect refoulement in breach of the international and Union obligations of that Member State.

Section ii

Personal Interviews

Article 10 - Admissibility interview

1. Before a decision is taken by the determining authority on the admissibility of an application for international protection, the applicant shall be given the opportunity of an interview on the admissibility of his or her application.

2. In the admissibility interview, the applicant shall be given an opportunity to provide adequate reasons as to why the admissibility grounds provided for in Article 36(1) would not be applicable to his or her particular circumstances.

Article 11 - Substantive interview

1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be given the opportunity of a substantive interview on his or her application.

2. In the substantive interview, the applicant shall be given an adequate opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and he or she shall provide all the elements at his or her disposal as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which may be missing or any inconsistencies or contradictions in the applicant’s statements.

3. A person who conducts the substantive interview of an application shall not wear a military or law enforcement uniform.

Article 12 - Requirements for personal interviews

1. The applicant shall be given an opportunity of a personal interview on his or her application in accordance with the conditions established in this Regulation.

2. The personal interviews shall be conducted under conditions which ensure appropriate confidentiality and which allow applicants to present the grounds for their applications in a comprehensive manner.

3. Personal interviews shall be conducted by the personnel of the determining authority, which may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) or experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b).

4. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice for the determining authority to conduct timely personal interviews of each applicant, the determining authority may be assisted by the personnel of authorities of other Member States referred to in Article 5(4)(a) and experts deployed by the European Union Agency for Asylum referred to in Article 5(4)(b), to conduct such interviews.

5. The personal interview may be omitted in the following situations where the determining authority:

(a)is able to take a positive decision with regard to refugee status or a decision declaring the application admissible on the basis of evidence available; or

(b)is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his or her control.

The absence of a personal interview pursuant to point (b) shall not adversely affect the decision of the determining authority. That authority shall give the applicant an effective opportunity to submit further information. When in doubt as to the condition of the applicant, the determining authority shall consult a medical professional to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature.

6. The person conducting the interview shall be competent to take account of the personal and general circumstances surrounding the application, including the applicant’s cultural origin, age, gender, sexual orientation, gender identity and vulnerability. Personnel interviewing applicants shall also have acquired general knowledge of problems which could adversely affect the applicant's ability to be interviewed, such as indications that the person may have been tortured in the past.

7. The personnel interviewing applicants, including experts deployed by the European Union Agency for Asylum, shall have received relevant training in advance which shall include the elements listed in Article 7(5) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation), including as regards international human rights law, Union asylum law, and rules on access to the international protection procedure, including for persons who could require special procedural guarantees.

8. An interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interview. The communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly.

Where requested by the applicant, the determining authority shall ensure that the interviewers and interpreters are of the same sex as the applicant provided that this is possible and the determining authority does not have 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.

9. The absence of a personal interview shall not prevent the determining authority from taking a decision on an application for international protection.

Article 13 - Report and recording of personal interviews

1. The determining authority or any other authority or experts assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview.

2. The personal interview shall be recorded using audio or audio-visual means of recording. The applicant shall be informed in advance of such recording.

3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings appearing in the report or in the transcript, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report or of the substantive elements of the transcript, with the assistance of an interpreter, where necessary. The applicant shall then be requested to confirm that the content of the report or the transcript correctly reflects the personal interview.

4. Where an applicant refuses to confirm that the content of the report or the transcript correctly reflects the personal interview, the reasons for his or her refusal shall be entered in the applicant’s file. That refusal shall not prevent the determining authority from taking a decision on the application.

5. Applicants and their legal advisers or other counsellors shall have access to the report or the transcript and the recording before the determining authority takes a decision.

6. Where the application is examined in accordance with the accelerated examination procedure, the determining authority may grant access to the report or the transcript of the recording at the same time as the decision is made.

7. The responsible authorities shall store either the recording or the transcript for ten years from the date of a final decision. The recording shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Section iii

Provision of legal assistance and representation

Article 14 - Right to legal assistance and representation

1. Applicants shall have the right to consult, in an effective manner, a legal adviser or other counsellor, admitted or permitted as such under national law, on matters relating to their applications at all stages of the procedure.

2. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, an applicant may request free legal assistance and representation at all stages of the procedure in accordance with Articles 15 to 17. The applicant shall be informed of his or her right to request free legal assistance and representation at all stages of the procedure.

Article 15 -   Free legal assistance and representation

1. Member States shall, at the request of the applicant, provide free legal assistance and representation in the administrative procedure provided for in Chapter III and in the appeal procedure provided for in Chapter V.

2. For the purposes of the administrative procedure, the free legal assistance and representation shall, at least, include:

(a)the provision of information on the procedure in the light of the applicant's individual circumstances;

(b)assistance in the preparation of the application and personal interview, including participation in the personal interview as necessary;

(c)explanation of the reasons for and consequences of a decision refusing to grant international protection as well as information as to how to challenge that decision.

3. The provision of free legal assistance and representation in the administrative procedure may be excluded where:

(a)the applicant has sufficient resources;

(b)the application is considered as not having any tangible prospect of success;

(c)the application is a subsequent application.

4. For the purposes of the appeal procedure, the free legal assistance and representation shall, at least, include the preparation of the required procedural documents, the preparation of the appeal and participation in the hearing before a court or tribunal on behalf of the applicant.

5. The provision of free legal assistance and representation in the appeal procedure may be excluded where:

(a)the applicant has sufficient resources;

(b)the appeal is considered as not having any tangible prospect of success;

(c)the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal.

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on ground that the appeal is considered as having no tangible prospect of success, the applicant shall have the right to an effective remedy before a court or tribunal against that decision, and for that purpose he or she shall be entitled to request free legal assistance and representation.

Article 16 - Scope of legal assistance and representation

1. A legal adviser or other counsellor admitted or permitted as such under national law, who assists or represents an applicant under the terms of national law, shall be granted access to the information in the applicant’s file upon the basis of which a decision is or shall be made.

2. The determining authority may deny access to the information in the applicant's file where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. In those cases, the determining authority shall:

(a)make access to such information or sources available to the courts or tribunals in the appeal procedure; and

(b)ensure that the applicant’s right of defence is respected.

As regards point (b), the determining authority shall, in particular, grant access to information or sources to a legal adviser or other counsellor who has undergone a security check, insofar as the information is relevant for examining the application or for taking a decision to withdraw international protection.

3. The legal adviser or other counsellor who assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of consulting that applicant, in accordance with Directive XXX/XXX/EU (Reception Conditions Directive).

4. An applicant shall be allowed to bring to a personal interview a legal adviser or other counsellor admitted or permitted as such under national law. The legal adviser or other counsellor shall be authorised to intervene during the personal interview.

5. The determining authority may require the presence of the applicant at the personal interview, even if he or she is represented under the terms of national law by a legal adviser or counsellor, and may require the applicant to respond in person to the questions asked.

6. Without prejudice to Article 22(5), the absence of a legal adviser or other counsellor shall not prevent the determining authority from conducting a personal interview with the applicant.

Article 17 - Conditions for the provision of free legal assistance and representation

1. Free legal assistance and representation shall be provided by legal advisers or other counsellors permitted under national law to assist or represent the applicants or non-governmental organisations accredited under national law to provide advisory services or representation.

2. Member States shall lay down specific procedural rules concerning the modalities for filing and processing requests for the provision of free legal assistance and representation in relation to applications for international protection or they shall apply the existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation impossible or excessively difficult.

3. Member States may also impose monetary limits or time limits on the provision of free legal assistance and representation, provided that such limits do not arbitrarily restrict access to free legal assistance and representation. As regards fees and other costs, the treatment of applicants shall not be less favourable than the treatment generally given to their nationals in matters pertaining to legal assistance.

4. Member States may request total or partial reimbursement of any costs made if and when the applicant’s financial situation considerably improves or where the decision to make such costs was taken on the basis of false information supplied by the applicant.

Article 18 - The role of the United Nations High Commissioner for Refugees

1. Member States shall allow the United Nations High Commissioner for Refugees:

(a)to have access to applicants, including those in reception centres, detention, at the border and in 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, subject to the consent of the applicant;

(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.

2. Paragraph 1 shall also apply to an organisation which is working in the territory of the Member State concerned on behalf of the United Nations High Commissioner for Refugees pursuant to an agreement with that Member State.

Section iv

Special Guarantees

Article 19 - Applicants in need of special procedural guarantees

1. The determining authority shall systematically assess whether an individual applicant is in need of special procedural guarantees. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 21 of Directive XXX/XXX/EU (Reception Conditions Directive) and need not take the form of an administrative procedure.

For the purpose of that assessment, the determining authority shall respect the general principles for the assessment of special procedural needs set out in Article 20.

2. Where applicants have been identified as applicants in need of special procedural guarantees, they shall be provided with adequate support allowing them to benefit from the rights and comply with the obligations under this Regulation throughout the duration of the procedure for international protection.

3. Where that adequate support cannot be provided within the framework of the accelerated examination procedure referred to in Article 40 or the border procedure referred to in Article 41, in particular where the determining authority considers that the applicant is in need of special procedural guarantees as a result of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the determining authority shall not apply, or shall cease to apply those procedures to the applicant.

4. The Commission may specify the details and specific measures for assessing and addressing the special procedural needs of applicants, including of unaccompanied minors, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

Article 20 - General principles for the assessment of special procedural needs

1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged.

2. The personnel of the authorities responsible for receiving and registering applications shall, when registering the application, indicate whether or not an applicant presents first indications of vulnerability which may require special procedural guarantees and may be inferred from physical signs or from the applicant's statements or behaviour.

The information that an applicant presents first signs of vulnerability shall be included in the applicant's file together with the description of the signs of vulnerability presented by the applicant that could require special procedural guarantees.

Member States shall ensure that the personnel of the authorities referred to in Article 5 is trained to detect first signs of vulnerability of applicants that could require special procedural guarantees and that it shall receive instructions for that purpose.

3. Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state.

The result of that examination shall be taken into account by the determining authority for deciding on the type of special procedural support which may be provided to the applicant.

That examination shall be without prejudice to the medical examination referred to in Article 23 and Article 24.

4. The responsible authorities shall address the need for special procedural guarantees as set out in this Article even where that need becomes apparent at a later stage of the procedure, without having to restart the procedure for international protection.

Article 21 - Guarantees for minors

1. The best interests of the child shall be a primary consideration for Member States when applying this Regulation.

2. The determining authority shall provide a minor the opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.

Any such personal interview shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child-sensitive and context-appropriate manner.

3. The decision on the application of a minor shall be prepared by personnel of the determining authority who have the necessary knowledge of the rights and special needs of minors.

Article 22 - Special guarantees for unaccompanied minors

1. The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makes an application, appoint a person or an organisation as a guardian.

Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a guardian.

The determining authority shall inform the unaccompanied minor immediately of the appointment of his or her guardian.

2. The determining authority shall inform the guardian of all relevant facts, procedural steps and time-limits pertaining to the unaccompanied minor.

3. The guardian shall, with a view to safeguarding the best interests of the child and the general well-being of the unaccompanied minor:

(a)represent and assist the unaccompanied minor during the procedures provided for in this Regulation and

(b)enable the unaccompanied minor to benefit from the rights and comply with the obligations under this Regulation.

4. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary expertise, and shall not have a verified record of child-related crimes or offences.

The person acting as guardian shall be changed only when the responsible authorities consider that he or she has not adequately performed his or her tasks as a guardian. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardian.

5. The responsible authorities shall not place a guardian in charge of a disproportionate number of unaccompanied minors at the same time, which would render him or her unable to perform his or her tasks effectively.

Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian.

6. The guardian shall inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, about how to prepare himself or herself for the personal interview. The guardian and, where applicable, a legal adviser or other counsellor admitted or permitted as such under national law, shall be present at that interview and have an opportunity to ask questions or make comments, within the framework set by the person who conducts the interview. The determining authority may require the presence of the unaccompanied minor at the personal interview, even if the guardian is present.

Section v

Medical examinations

Article 23 - Medical examination

1. Where the determining authority deems it relevant for the assessment of an application for international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation), and subject to the applicant’s consent, it shall arrange for a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm.

2. The medical examination shall be carried out by qualified medical professionals. Member States may designate the medical professionals who may carry out such medical examinations. Those medical examinations shall be paid for from public funds.

3. When no medical examination is carried out in accordance with paragraph 1, the determining authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm.

4. The results of the medical examination shall be submitted to the determining authority as soon as possible and shall be assessed by the determining authority along with the other elements of the application.

5. An applicant's refusal to undergo a medical examination shall not prevent the determining authority from taking a decision on the application for international protection.

Article 24 -   Medical examination of unaccompanied minors

1. Medical examinations may be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.

2. The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent or the consent of their guardians.

3. Any medical examination shall be performed with full respect for the individual’s dignity, shall be the least invasive examination and shall be carried out by qualified medical professionals allowing for the most reliable result possible.

4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.

5. The refusal by the unaccompanied minors or their guardians to carry out the medical examination may only be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection.

6. A Member State shall recognise age assessment decisions taken by other Member States on the basis of a medical examination carried out in accordance with this Article and based on methods which are recognised under its national law.

CHAPTER III

ADMINISTRATIVE PROCEDURE

Section i

Access to the Procedure

Article 25 - Making an application for international protection

1. An application for international protection shall be made when a third-country national or stateless person expresses a wish for international protection to officials of the determining authority or other authorities referred to in Article 5(3) or (4).

Where those officials have doubt as to whether a certain declaration is to be construed as an application, they shall ask the person expressly whether he or she wishes to receive international protection.

2. Where a third-country national or stateless person makes an application for international protection, he or she shall be considered as an applicant for international protection until a final decision is taken on that application.

Article 26 - Tasks of the responsible authorities when an application is made

1. The authorities responsible for receiving and registering applications shall:

(a)inform the applicants of their rights and obligations set out, in particular, in Articles 27, 28 and 31 as regards the registration and lodging of applications, Article 7 as regards the obligations of applicants and consequences of non-compliance with such obligations, Article 9 as regards the right of applicants to remain on the territory of the Member State responsible, and Article 8 as regards the general guarantees for applicants;

(b)register the application in accordance with Article 27;

(c)upon registration, inform the applicant as to where and how an application for international protection is to be lodged;

(d)inform the authorities responsible for the reception conditions pursuant to Directive XXX/XXX/EU (Reception Conditions Directive) of the application.

2. The Commission may specify the content of the information to be provided to applicants when an application is made by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

Article 27 - Registering applications for international protection

1. The authorities responsible for receiving and registering applications for international protection shall register an application promptly, and not later than three working days from when it is made. They shall register also the following information:

(a)the name, date of birth, gender, nationality and other personal details of the applicant;

(b)the type and number of any identity or travel document of the applicant;

(c)the date of the application, place where the application is made and the authority with which the application is made.

Where the data referred to in points (a) and (b) has already been obtained by the Member States before the application is made, it shall not to be requested again.

2. Where the information is collected by the determining authority or by another authority assisting it for the purpose of examining the application, additional data necessary for the examination of the application may also be collected at the time of registration.

3. Where simultaneous applications for international protection by a disproportionate number of third-country nationals or stateless persons make it difficult in practice to register applications within three working days from when the application is made, the authorities of the Member State may extend that time-limit to ten working days.

4. The responsible authorities shall store each set of data referred to in paragraph 1 and any other relevant data collected under paragraph 2, for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Article 28 - Lodging of an application for international protection

1. The applicant shall lodge the application within ten working days from the date when the application is registered provided that he or she is given an effective opportunity to do so within that time-limit.

2. The authority responsible for receiving and registering applications for international protection shall give the applicant an effective opportunity to lodge an application within the time-limit established in paragraph 1.

3. Where there is a disproportionate number of third-country nationals or stateless persons that apply simultaneously for international protection, making it difficult in practice to enable the application to be lodged within the time-limit established in paragraph 1, the responsible authority shall give the applicant an effective opportunity to lodge his or her application not later than one month from the date when the application is registered.

4. When lodging an application, applicants are required to submit all the elements referred to in Article 4(1) of Regulation (EU) No XXX/XXX (Qualification Regulation) needed for substantiating their application. Following the lodging of their application, applicants shall be authorised to submit any additional elements relevant for its examination until a decision under the administrative procedure is taken on the application.

The authority responsible for receiving and registering applications for international protection shall inform the applicant that after the decision is taken on the application he or she may bring forward only new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.

5. The applications for international protection shall be lodged in person and at a designated place. For that purpose, when the application is registered, the applicant shall be given an appointment with the authorities competent for the lodging of the application.

6. The responsible authorities shall store the data referred to in paragraph 4 for ten years from the date of a final decision. The data shall be erased upon expiry of that period or where it is related to a person who has acquired citizenship of any Member State before expiry of that period as soon as the Member State becomes aware that the person concerned has acquired such citizenship.

Article 29 - Documents for the applicant

1. The authorities of the Member State where an application for international protection is made shall, upon registration, provide the applicant with a document certifying, in particular, that an application has been made and stating that the applicant may remain on the territory of that Member State for the purposes of lodging his or her application as provided for in this Regulation.

2. The authorities of the Member State where the application is lodged shall, within three working days of the lodging of the application, provide the applicant with a document in his or her own name:

(a)stating the identity of the applicant by including at least the data referred to in Article 27(1)(a) and (b), verified and updated where necessary, as well as a facial image of the applicant, signature, current place of residence and the date of lodging of the application;

(b)stating the issuing authority, date and place of issue and period of validity of the document;

(c)certifying the status of the individual as an applicant;

(d)stating that the applicant has the right to remain on the territory of that Member State and indicating whether the applicant is free to move within all or part of the territory of that Member State;

(e)stating that the document is not a valid travel document and indicating that the applicant is not allowed to travel without authorisation to the territory of other Member States until the procedure for the determination of the Member State responsible for the examination of the application in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation) has taken place;

(f)stating whether the applicant has permission to take up gainful employment.

3. Where, following a procedure of determination in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), another Member State is designated as responsible for the examination of the application, the authorities of that Member State shall provide the applicant with a document referred to in paragraph 2 within three working days from the transfer of the applicant to that Member State.

4. The document referred to in paragraph 2 shall be valid for a period of six months which shall be renewed accordingly to ensure that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.

The period of validity indicated on the document does not constitute a right to remain where that right was terminated or suspended.

5. The Commission may specify the form and content of the documents to be given to the applicants at registration and lodging by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58.

Article 30 - Access to the procedure in detention facilities and at border crossing points

1. Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may need international protection, the responsible authorities shall inform them of the possibility to apply for international protection, in particular, where:

(a)it is likely that the person is an unaccompanied minor;

(b)there are obvious indications that the person suffers from mental or other disorders that render him or her unable to ascertain a need for international protection;

(c)the person has arrived from a specific country of origin and it is likely that he or she is in need of international protection due to a well-known situation in that third country.

2. The responsible authorities shall make the necessary arrangements for interpretation services to be available to facilitate access to the procedure for international protection.

3. Organisations and persons providing advice and counselling shall have effective access to third-country nationals held in detention facilities or present at border crossing points, including transit zones, at external borders.

Member States may impose limits to such access where, by virtue of national law, they are necessary for the security, public order or administrative management of a border crossing point or of a detention facility, provided that access is not severely restricted or rendered impossible.

Article 31 - Applications on behalf of a spouse, partner, minor or dependent adult

1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors or dependent adults without legal capacity.

2. The spouse or partner referred to in paragraph 1 shall be informed in private of the relevant procedural consequences of having the application lodged on his or her behalf and of his or her right to make a separate application for international protection. Where the spouse or partner does not consent to the lodging of an application on his or her behalf, he or she shall be given an opportunity to lodge an application in his or her own name.

3. Where an applicant does not lodge an application on behalf of his or her spouse or partner as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the spouse or partner shall be given an opportunity to lodge his or her application in his or her own name within another ten working-day period starting from the expiry of the first ten working-day period. Where the spouse or partner still does not lodge his or her application within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure laid down in Article 39.

4. Where an applicant does not lodge an application on behalf of his or her dependent adult as referred to in paragraph 1 within the ten working days referred to in Article 28(1), the determining authority shall lodge an application on behalf of that dependent adult if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the dependent adult may need international protection.

5. Where a person has lodged an application on behalf of his or her spouse or partner in a stable and durable relationship or dependent adults without legal capacity, each of those persons shall be given the opportunity of a personal interview.

6. A minor shall have the right to lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or through an adult responsible for him or her, whether by law or by practice of the Member State concerned, including his or her parents or other legal or customary caregiver, or adult family members in the case of an accompanied minor, or through a guardian in the case of an unaccompanied minor.

7. In the case of an accompanied minor, the lodging of an application by the adult responsible for him or her as referred to in paragraph 6 shall also be considered to be the lodging of an application for international protection on behalf of the minor.

8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application.

9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility to lodge his or her application in his or her own name and given an opportunity to do so within a further ten working-day period starting from the expiry of the first ten working-day period if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39.

10. For the purpose of taking a decision on the admissibility of an application in case of a separate application by a spouse, partner or minor pursuant to Article 36(1)(d), an application for international protection shall be subject to an initial examination as to whether there are facts relating to the situation of the spouse, partner or minor which justify a separate application.

Where there are facts relating to the situation of the spouse, partner or minor which justify a separate application, that separate application shall be further examined to take a decision on its merits. If not, that separate application shall be rejected as inadmissible, without prejudice to the proper examination of any application lodged on behalf of the spouse, partner or minor.

Article 32 - Applications of unaccompanied minors

1. An unaccompanied minor shall lodge an application in his or her own name if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned, or his or her guardian shall lodge it on his or her behalf. The guardian shall assist and properly inform the unaccompanied minor of how and where an application is to be lodged.

2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.

3. The bodies referred to in Article 10 of Directive 2008/115/EC shall have the right to lodge an application for international protection on behalf of an unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, those bodies are of the opinion that the minor may need international protection.

Section ii

Examination Procedure

Article 33 - Examination of applications

1. Member States shall examine applications for international protection in accordance with the basic principles and guarantees set out in Chapter II.

2. The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority shall examine applications objectively, impartially and on an individual basis. For the purpose of examining the application, it shall take the following into account:

(a)the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm;

(b)all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights organisations, or from other sources;

(c)the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation);

(d)the individual position and personal circumstances of the applicant, including factors such as background, gender, age, sexual orientation and gender identity so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

(e)whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm if returned to that country;

(f)whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship.

3. The personnel examining applications and taking decisions shall have sufficient knowledge of the relevant standards applicable in the field of asylum and refugee law. They shall have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious and child-related or gender issues. Where necessary, they may submit queries to the European Union Agency for Asylum in accordance with Article 9(2)(b) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation).

4. Documents relevant for the examination of applications by the determining authority shall be translated, where necessary, for such examination.

5. An examination of an application for international protection may be prioritised in accordance with the basic principles and guarantees of Chapter II, in particular, where:

(a)the application is likely to be well-founded;

(b)the applicant has special reception needs within the meaning of Article 20 of Directive XXX/XXX/EU (Reception Conditions Directive), or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor.

Article 34 - Duration of the examination procedure

1. The examination to determine the admissibility of an application in accordance with Article 36(1) shall not take longer than one month from the lodging of an application.

The time-limit for such examination shall be ten working days where, in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the Member State of first application applies the concept of first country of asylum or safe third country referred to in Article 36(1)(a) and (b).

2. The determining authority shall ensure that an examination procedure on the merits is concluded as soon as possible and not later than six months from the lodging of the application, without prejudice to an adequate and complete examination.

3. The determining authority may extend that time-limit of six months by a period of not more than three months, where:

(a)a disproportionate number of third-country nationals or stateless persons simultaneously apply for international protection, making it difficult in practice to conclude the procedure within the six-month time limit;

(b)complex issues of fact or law are involved.

4. Where an application is subject to the procedure laid down in Regulation (EU) No XXX/XXX (Dublin Regulation), the time-limit referred to in paragraph 2 shall start to run from the moment the Member State responsible is determined in accordance with that Regulation, the applicant is on the territory of that Member State and he or she has been taken in charge in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).

5. The determining authority may postpone concluding the examination procedure where it cannot reasonably be expected to decide within the time-limits laid down in paragraph 2 and in Article 40(4) as regards the accelerated examination procedure due to an uncertain situation in the country of origin which is expected to be temporary. In such cases, the determining authority shall:

(a)conduct reviews of the situation in that country of origin at least every two months;

(b)inform the applicants concerned within a reasonable time of the reasons for the postponement.

The Member State shall inform the Commission and the European Union Agency for Asylum within a reasonable time of the postponement of procedures for that country of origin. In any event, the determining authority shall conclude the examination procedure within 15 months from the lodging of an application.

Section iii

Decisions on Applications

Article 35 - Decisions by the determining authority

1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand.

2. Where an application is rejected as inadmissible, as unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as abandoned, the reasons in fact and in law shall be stated in the decision. Information on how to challenge a decision refusing to grant international protection shall be given in writing, unless otherwise already provided to the applicant.

3. In cases of applications on behalf of spouses, partners, minors or dependent adults without legal capacity, and whenever the application is based on the same grounds, the determining authority may take a single decision, covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender, sexual orientation, gender identity or age-based persecution. In such cases, a separate decision shall be issued to the person concerned.

Article 36 - Decision on the admissibility of the application

1. The determining authority shall assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and shall reject an application as inadmissible where any of the following grounds applies:

(a)a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 44, unless it is clear that the applicant will not be admitted or readmitted to that country;

(b)a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 45, unless it is clear that the applicant will not be admitted or readmitted to that country;

(c)the application is a subsequent application, where no new relevant elements or findings relating to the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation) or relating to the inadmissibility ground previously applied, have arisen or have been presented by the applicant;

(d)a spouse or partner or accompanied minor lodges an application after he or she had consented to have an application lodged on his or her behalf, and there are no facts relating to the situation of the spouse, partner or minor which justify a separate application.

2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant, or where an application is rejected as inadmissible in accordance with paragraph 1.

3. Paragraph 1(a) and (b) shall not apply to a beneficiary of subsidiary protection who has been resettled under an expedited procedure in accordance with Regulation (EU) No XXX/XXX (Resettlement Regulation). 36

4. Where after examining an application in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the first Member State in which the application is lodged considers it to be admissible, the provision of paragraph 1(a) and (b) need not be applied again by the Member State responsible.

5. Where the determining authority prima facie considers that an application may be rejected as manifestly unfounded, it shall not be obliged to pronounce itself on the admissibility of the application.

Article 37 - Decision on the merits of an application

1. When examining an application on the merits, the determining authority shall take a decision on whether the applicant qualifies as a refugee and, if not, it shall determine whether the applicant is eligible for subsidiary protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation).

2. The determining authority shall reject an application as unfounded where it has established that the applicant does not qualify for international protection pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).

3. The determining authority shall declare an unfounded application to be manifestly unfounded in the cases referred to in Article 40(1)(a), (b), (c), (d) and (e).

Article 38 - Explicit withdrawal of applications

1. An applicant may, of his or her own motion and at any time during the procedure, withdraw his or her application.

2. Where an application is explicitly withdrawn by the applicant, the determining authority shall take a decision to reject the application as explicitly withdrawn or as unfounded where the determining authority has, at the stage that the application is explicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).

Article 39 - Implicit withdrawal of applications

1. The determining authority shall reject an application as abandoned where:

(a)the applicant has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so;

(b)a spouse, partner or minor has not lodged his or her application after the applicant failed to lodge the application on his or her own behalf as referred to in Article 31(3) and (8);

(c)the applicant refuses to cooperate by not providing the necessary details for the application to be examined and by not providing his or her fingerprints and facial image pursuant to Article 7(3);

(d)the applicant has not appeared for a personal interview although he was required to do so pursuant to Articles 10 to 12;

(e)the applicant has abandoned his place of residence, without informing the competent authorities or without authorisation as provided for in Article 7(4);

(f)the applicant has repeatedly not complied with reporting duties imposed on him or her in accordance with Article 7(5).

2. In the circumstances referred to in paragraph 1, the determining authority shall discontinue the examination of the application and send a written notice to the applicant at the place of residence or address referred to in Article 7(4), informing him or her that the examination of his or her application has been discontinued and that the application will be definitely rejected as abandoned unless the applicant reports to the determining authority within a period of one month from the date when the written notice is sent.

3. Where the applicant reports to the determining authority within that one-month period and demonstrates that his or her failure was due to circumstances beyond his or her control, the determining authority shall resume the examination of the application.

4. Where the applicant does not report to the determining authority within this one-month period and does not demonstrate that his or her failure was due to circumstances beyond his or her control, the determining authority shall consider that the application has been implicitly withdrawn.

5. Where an application is implicitly withdrawn, the determining authority shall take a decision to reject the application as abandoned or as unfounded where the determining authority has, at the stage that the application is implicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).

Section iv

Special Procedures

Article 40 - Accelerated examination procedure

1. The determining authority shall, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection, in the cases where:

(a)the applicant, in submitting his or her application and presenting the facts, has only raised issues that are not relevant to the examination of whether he or she qualifies as a beneficiary of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation);

(b)the applicant has made clearly inconsistent and contradictory, clearly false or obviously improbable representations which contradict sufficiently verified country of origin information, thus making his or her claim clearly unconvincing in relation to whether he or she qualifies as a beneficiary of international protection by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation);

(c)the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision;

(d)the applicant is making an application merely to delay or frustrate the enforcement of an earlier or imminent decision resulting in his or her removal from the territory of a Member State;

(e)a third country may be considered as a safe country of origin for the applicant within the meaning of this Regulation;

(f)the applicant may, for serious reasons, be considered a danger to the national security or public order of the Member States;

(g)the applicant does not comply with the obligations set out in Article 4(1) and Article 20(3) of Regulation (EU) No XXX/XXX (Dublin Regulation), unless he or she demonstrates that his or her failure was due to circumstances beyond his or her control;

(h)the application is a subsequent application, where the application is so clearly without substance or abusive that it has no tangible prospect of success.

2. The determining authority shall conclude the accelerated examination procedure within two months from the lodging of the application. By way of exception, in the cases set out in paragraph (1)(d), the determining authority shall conclude the accelerated examination procedure within eight working days.

3. Where an application is subject to the procedure laid down in Regulation (EU) No XXX/XXX (Dublin Regulation), the time-limits referred to in paragraph 2 shall start to run from the moment the Member State responsible is determined in accordance with that Regulation, the applicant is on the territory of that Member State and he or she has been taken in charge in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation).

4. Where the determining authority considers that the examination of the application involves issues of fact or law that are complex to be examined under an accelerated examination procedure, it may continue the examination on the merits in accordance with Articles 34 and 37. In that case, or where otherwise a decision cannot be taken within the time-limits referred to in paragraph 2, the applicant concerned shall be informed of the change in the procedure.

5. The accelerated examination procedure may be applied to unaccompanied minors only where:

(a)the applicant comes from a third country considered to be a safe country of origin in accordance with the conditions set out in Article 47;

(b)the applicant may for serious reasons be considered to be a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law.

Article 41 - Border procedure

1. The determining authority may, in accordance with the basic principles and guarantees provided for in Chapter II, take a decision on an application at the border or in transit zones of the Member State on:

(a)the admissibility of an application made at such locations pursuant to Article 36(1); or

(b)the merits of an application in the cases subject to the accelerated examination procedure referred to in Article 40.

2. A decision referred to in paragraph 1 shall be taken as soon as possible without prejudice to an adequate and complete examination of the application, and not longer than four weeks from when the application is lodged. 

3. Where a final decision is not taken within four weeks referred to in paragraph 2, the applicant shall no longer be kept at the border or transit zones and shall be granted entry to the territory of the Member State for his or her application to be processed in accordance with the other provisions of this Regulation.

4. In the event of arrivals involving a disproportionate number of third-country nationals or stateless persons lodging applications for international protection at the border or in a transit zone, making it difficult in practice to apply the provisions of paragraph 1 at such locations, the border procedure may also be applied at locations in proximity to the border or transit zone.

5. The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where:

(a)the applicant comes from a third country considered to be a safe country of origin in accordance with the conditions set out in Article 47;

(b)the applicant may for serious reasons be considered to be a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law;

(c)there are reasonable grounds to consider that a third country is a safe third country for the applicant in accordance with the conditions of Article 45;

(d)the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision.

Point (d) shall only be applied where there are serious grounds for considering that the applicant is attempting to conceal relevant elements which would likely lead to a decision refusing to grant international protection and provided that the applicant has been given an effective opportunity to provide substantiated justifications for his actions.

Article 42 - Subsequent applications

1. After a previous application had been rejected by means of a final decision, any further application made by the same applicant in any Member State shall be considered to be a subsequent application by the Member State responsible.

2. A subsequent application shall be subject to a preliminary examination in which the determining authority shall establish whether relevant new elements or findings have arisen or have been presented by the applicant which significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection by virtue of Regulation (EU) No XXX/XXX (Qualification Regulation) or which relate to the reasons for which the previous application was rejected as inadmissible.

3. The preliminary examination shall be carried out on the basis of written submissions and a personal interview in accordance with the basic principles and guarantees provided for in Chapter II. The personal interview may be dispensed with in those instances where, from the written submissions, it is clear that the application does not give rise to relevant new elements or findings or that it is clearly without substance and has no tangible prospect of success.

4. A new procedure for the examination of the application for international protection shall be initiated where:

(a)relevant new elements or findings as referred to in paragraph 2(a) have arisen or have been presented by the applicant;

(b)the applicant was unable, through no fault on his or her own part, to present those elements or findings during the procedure in the context of the earlier application, unless it is considered unreasonable not to take those elements or findings into account.

5. Where the conditions for initiating a new procedure as set out in paragraph 4 are not met, the determining authority shall reject the application as inadmissible, or as manifestly unfounded where the application is so clearly without substance or abusive that it has no tangible prospect of success.

Article 43 - Exception from the right to remain in subsequent applications

Without prejudice to the principle of non-refoulement, Member States may provide an exception from the right to remain on their territory and derogate from Article 54(1), where:

(a)a subsequent application has been rejected by the determining authority as inadmissible or manifestly unfounded;

(b)a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible, unfounded or manifestly unfounded.

Section v

Safe Country Concepts

Article 44 - The concept of first country of asylum

1. A third country shall be considered to be a first country of asylum for a particular applicant provided that:

(a)the applicant has enjoyed protection in accordance with the Geneva Convention in that country before travelling to the Union and he or she can still avail himself or herself of that protection; or

(b)the applicant otherwise has enjoyed sufficient protection in that country before travelling to the Union and he or she can still avail himself or herself of that protection.

2. The determining authority shall consider that an applicant enjoys sufficient protection within the meaning of paragraph 1(b) provided that it is satisfied that:

(a)life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;

(b)there is no risk of serious harm as defined in Regulation (EU) No XXX/XXX (Qualification Regulation);

(c)the principle of non-refoulement in accordance with the Geneva Convention is respected;

(d)the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law is respected;

(e)there is a right of legal residence;

(f)there is appropriate access to the labour market, reception facilities, healthcare and education; and

(g)there is a right to family reunification in accordance with international human rights standards.

3. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(a), the applicant shall be allowed to challenge the application of the first country of asylum concept in light of his or her particular circumstances when lodging the application and during the admissibility interview.

4. As regards unaccompanied minors, the concept of first country of asylum may only be applied where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1.

5. Where an application is rejected as inadmissible in application of the concept of the first country of asylum, the determining authority shall:

(a)inform the applicant accordingly;

(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 as a consequence of the application of the first country of asylum concept.

6. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority shall revoke the decision rejecting the application as inadmissible and shall give access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and Section I of Chapter III.

7. Member States shall inform the Commission and the European Union Agency for Asylum every year of the countries to which the concept of the first country of asylum is applied.

Article 45 - The concept of safe third country

1. A third country shall be designated as a safe third country provided that:

(a)life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;

(b)there is no risk of serious harm as defined in Regulation (EU) No XXX/XXX;

(c)the principle of non-refoulement in accordance with the Geneva Convention is respected;

(d)the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected;

(e)the possibility exists to receive protection in accordance with the substantive standards of the Geneva Convention or sufficient protection as referred to in Article 44(2), as appropriate.

The assessment of whether a third country may be designated as a safe third country in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe and other relevant organisations.

2. The concept of safe third country shall be applied:

(a)where a third country has been designated as safe third country in accordance with Article 50;

(b)where a third country is designated as a safe third country at Union level; or

(c)in individual cases in relation to a specific applicant.

3. The determining authority shall consider a third country to be a safe third country for a particular applicant, after an individual examination of the application, only where it is satisfied of the safety of the third country for a particular applicant in accordance with the criteria established in paragraph 1 and it has established that:

(a)there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for that person to go to that country, including because the applicant has transited through that third country which is geographically close to the country of origin of the applicant;

(b)the applicant has not submitted serious grounds for considering the country not to be a safe third country in his or her particular circumstances.

4. Before his or her application can be rejected as inadmissible pursuant to Article 36(1)(b), an applicant shall be allowed to challenge the application of the concept of safe third country in light of his or her particular circumstances when lodging the application and during the admissibility interview.

5. As regards unaccompanied minors, the concept of safe third country may only be applied where the authorities of the Member States have first received from the authorities of the third country in question confirmation that the unaccompanied minor shall be taken in charge by those authorities and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e).

6. Where an application is rejected as inadmissible in application of the concept of the safe third country, the determining authority 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 as a consequence of the application of the concept of the safe third country.

7. Where the third country in question does not admit or readmit the applicant to its territory, the determining authority shall revoke the decision rejecting the application as inadmissible and shall give access to the procedure in accordance with the basic principles and guarantees provided for in Chapter II and Section I of Chapter III.

Article 46 - Designation of safe third countries at Union level

1. Third countries shall be designated as safe third countries at Union level, in accordance with the conditions laid down in Article 45(1).

2. The Commission shall regularly review the situation in third countries that are designated as safe third countries at Union level, with the assistance of the European Union Agency for Asylum and based on the other sources of information referred to in the second paragraph of Article 45(1).

3. The Commission shall be empowered to adopt delegated acts to suspend the designation of a third country as a safe third country at Union level subject to the conditions as set out in Article 49.

Article 47 - The concept of safe country of origin

1. A third country may be designated as a safe country of origin in accordance with this Regulation where, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally no persecution as defined in Article 9 of Regulation (EU) No XXX/XXX (Qualification Regulation), no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.

2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).

3. In making this assessment, account shall be taken, inter alia, of the extent to which protection is provided against persecution or mistreatment by:

(a)the relevant laws and regulations of the country and the manner in which they are applied;

(b)observance of the rights and freedoms laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms or the International Covenant for Civil and Political Rights or the United Nations Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the said European Convention;

(c)the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country;

(d)the provision for a system of effective remedies against violations of those rights and freedoms.

4. A third country designated as a safe country of origin in accordance with this Regulation may, after an individual examination of the application, be considered as a safe country of origin for a particular applicant only where:

(a)he or she has the nationality of that country; or

(b)he or she is a stateless person and was formerly habitually resident in that country; and

(c)he or she has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances..

Article 48 - Designation of safe countries of origin at Union level

1. Third countries listed in Annex 1 to this Regulation are designated as safe countries of origin at Union level, in accordance with the conditions laid down in Article 47.

2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin, with the assistance of the Union Agency for Asylum and based on the other sources of information referred to in Article 45(2).

3. In accordance with Article 11(2) of Regulation (EU) No XXX/XXX (EU Asylum Agency Regulation), the Commission may request the Union Agency for Asylum to provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin.

4. The Commission shall be empowered to adopt delegated acts to suspend the presence of a third country from the EU common list of safe countries of origin subject to the conditions as set out in Article 49.

Article 49 - Suspension and removal of the designation of a third country as a safe third country at Union level or from the EU common list of safe country of origin

1. In case of sudden changes in the situation of a third country which is designated as a safe third country at Union level or which is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Article 45 or Article 47 and, if the Commission considers that those conditions are no longer met, it shall adopt a delegated act suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list of safe countries of origin for a period of six months.

2. The Commission shall continuously review the situation in that third country taking into account inter alia information provided by the Member States regarding subsequent changes in the situation of that country.

3. Where the Commission has adopted a delegated act in accordance with paragraph 1 suspending the designation of a third country as a safe third country at Union level or suspending the presence of a third country from the EU common list of safe countries of origin, it shall within three months after the date of adoption of that delegated act submit a proposal, in accordance with the ordinary legislative procedure, for amending this Regulation to remove that third country from the designation of safe third countries at Union level or from the EU common list of safe countries of origin.

4. Where such a proposal is not submitted by the Commission within three months from the adoption of the delegated act as referred to in paragraph 2, the delegated act suspending the third country from its designation as a safe third country at Union level or suspending the presence of the third country from the EU common list of safe countries of origin shall cease to have effect. Where such a proposal is submitted by the Commission within three months, the Commission shall be empowered, on the basis of a substantial assessment, to extend the validity of that delegated act for a period of six months, with a possibility to renew this extension once.

Article 50 -   Designation of third countries as safe third countries or safe country of origin at national level

1. For a period of five years from entry into force of this Regulation, Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level or which are on the EU common list in Annex 1 for the purposes of examining applications for international protection.

2. Where a third country is suspended from being designated as a safe third country at Union level or the presence of a third country has been suspended from the EU common list in Annex 1 to this Regulation pursuant to Article 49(1), Member States shall not designate that country as a safe third country or a safe third country of origin at national level nor shall they apply the safe third country concept on an ad hoc basis in relation to a specific applicant.

3. Where a third country is no longer designated as a safe third country at Union level or a third country has been removed from the EU common list in Annexe I to the Regulation in accordance with the ordinary legislative procedure, a Member State may notify the Commission that it considers that, following changes in the situation of that country, it again fulfils the conditions set out in Article 45(1) and Article 47.

The notification shall include a substantiated assessment of the fulfilment by that country of the conditions set out in Article 45(1) and Article 47 including an explanation of the specific changes in the situation of the third country, which make the country fulfil those conditions again.

The notifying Member State may only designate that third country as a safe third country or as a safe country of origin at national level provided that the Commission does not object to that designation.

4. Member States shall notify the Commission and the European Union Agency for Asylum of the third countries that are designated as safe third countries or safe countries of origin at national level immediately after such designation. Member States shall inform the Commission and the Agency once a year of the other safe third countries to which the concept is applied on an ad hoc basis in relation to specific applicants.

CHAPTER IV

PROCEDURES FOR THE WITHDRAWAL OF INTERNATIONAL PROTECTION

Article 51 - Withdrawal of international protection

The determining authority shall start the examination to withdraw international protection from a particular person when new elements or findings arise indicating that there are reasons to reconsider the validity of his or her international protection, and in particular in those instances referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation).

Article 52 - Procedural rules

1. Where the competent authority is considering withdrawing international protection from a third-country national or stateless person, including in the context of a regular status review referred to in Articles 15 and 21 of Regulation (EU) No XXX/XXX (Qualification Regulation), the person concerned shall enjoy the following guarantees, in particular:

(a)he or she shall be informed in writing that the competent authority is reconsidering his or her qualification as a beneficiary of international protection and the reasons for such a reconsideration; and

(b)he or she shall be given the opportunity to submit, within reasonable time, by means of a written statement and in a personal interview, reasons as to why his or her international protection should not be withdrawn.

2. For the purposes of paragraph 1, Member States shall ensure that:

(a)the competent authority is able to obtain precise and up-to-date information from various sources, such as, where appropriate, from the European Union Agency for Asylum and the United Nations High Commissioner for Refugees, 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 actors of persecution or serious harm in a manner that would result in such actors 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.

3. The decision of the competent authority to withdraw international protection shall be given in writing. The reasons in fact and in law shall be stated in the decision and information on the manner in which to challenge the decision shall be given in writing.

4. Where the determining authority has taken the decision to withdraw international protection, the provisions of Article 8(3) and Articles 15 to 18 shall apply.

5. By way of derogation from paragraphs 1 to 4 of this Article, Member States' international protection shall lapse where the beneficiary of international protection has unequivocally renounced his or her recognition as such. International protection shall also lapse where the beneficiary of international protection has become a national of the Member State that had granted international protection.

CHAPTER V

APPEAL PROCEDURE

Article 53 - The right to an effective remedy

1. Applicants have the right to an effective remedy before a court or tribunal in accordance with the basic principles and guarantees provided for in Chapter II, against the following:

(a)a decision taken on their application for international protection, including a decision:

(i) rejecting an application as inadmissible referred to in Article 36(1);

(ii) rejecting an application as unfounded or manifestly unfounded in relation to refugee status or subsidiary protection status referred to in Article 37(2) and (3) or Article 42(4);

(iii) rejecting an application as explicitly withdrawn or as abandoned referred to in Articles 38 and 39;

(iv) taken following a border procedure as referred to in Article 41.

(b)a decision to withdraw international protection pursuant to Article 52.

2. Persons recognised as eligible for subsidiary protection have the right to an effective remedy against a decision considering an application unfounded in relation to refugee status.

3. An effective remedy within the meaning of paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) No XXX/XXX (Qualification Regulation).

The applicant may only bring forward new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation.

4. The courts or tribunals shall, through the determining authority, the applicant or otherwise, have access to the general information referred to in Article 33(2)(b) and (c).

5. Documents relevant for the examination of applications by courts or tribunals in the appeal procedure shall be translated, where necessary, if they were not already translated in accordance with Article 33(4).

6. Applicants shall lodge appeals against any decision referred to in paragraph 1:

(a)within one week in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded;

(b)within two weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned, or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or border procedure or while the applicant is held in detention;

(c)within one month in the case of a decision rejecting an application as unfounded in relation to the refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection.

For the purposes of point (b), Member States may provide for an ex officio review of decisions taken pursuant to a border procedure.

The time-limits provided for in this paragraph shall start to run from the date when the decision of the determining authority is notified to the applicant or from the moment the legal adviser or counsellor is appointed if the applicant has introduced a request for free legal assistance and representation.

Article 54 - Suspensive effect of appeal

1. The Member State responsible shall allow applicants to remain on its territory until the time limit within which to exercise their right to an effective remedy has expired and, when such a right has been exercised within the time limit, pending the outcome of the remedy.

2. A court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the Member State responsible, either upon the applicant’s request or acting ex officio, where the applicant's right to remain in the Member State is terminated as a consequence of any of the following categories of decisions:

(a)a decision which considers an application to be manifestly unfounded or rejects the application as unfounded in relation to refugee or subsidiary protection status in the cases subject to an accelerated examination procedure or border procedure;

(b)a decision which rejects an application as inadmissible pursuant to Article 36(1)(a) and (c);

(c)a decision which rejects an application as explicitly withdrawn or abandoned in accordance with Article 38 or Article 39, respectively.

3. A court or tribunal shall have the power to rule whether or not the applicant may remain on the territory of the Member State responsible provided that:

(a)the applicant has the necessary interpretation, legal assistance and sufficient time 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 a request to remain on the territory of the Member State responsible, the court or tribunal examines the decision refusing to grant international protection in terms of fact and law.

4. Member States shall allow the applicant to remain on their territory pending the outcome of the procedure to rule on whether or not the applicant may remain on the territory. That decision shall be taken within one month from the lodging of the appeal.

5. An applicant who lodges a further appeal against a first or subsequent appeal decision shall not have a right to remain on the territory of the Member State unless a court or tribunal decides otherwise upon the applicant’s request or acting ex officio. That decision shall be taken within one month from the lodging of that further appeal.

Article 55 - Duration of the first level of appeal

1. Without prejudice to an adequate and complete examination of an appeal, the courts or tribunals shall decide on the first level of appeal within the following time-limits from when the appeal is lodged:

(a)within six months in the case of a decision rejecting the application as unfounded in relation to refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection;

(b)within two months in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned or as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or a border procedure or while the applicant is held in detention;

(c)within one month in the case of a decision rejecting a subsequent application as inadmissible or manifestly unfounded.

2. In cases involving complex issues of fact or law, the time-limits set out in paragraph 1 may be prolonged by an additional three month-period.

CHAPTER VI

FINAL PROVISIONS

Article 56 - Challenge by public authorities

This Regulation does not affect the possibility for public authorities to challenge the administrative or judicial decisions as provided for in national legislation.

Article 57 - Cooperation

1. Each Member State shall appoint a national contact point and send its address to the Commission. The Commission shall send that information to the other Member States.

2. Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between the responsible authorities.

3. When resorting to the measures referred to in Article 27(3), Article 28(3) and Article 34(3), Member States shall inform the Commission and the European Union Agency for Asylum 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.

Article 58 - Committee Procedure

1. The Commission shall be assisted by the committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 37

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Article 59 - Delegated acts

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in paragraph 1 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts such a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. Such a delegated act and its extensions shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month from notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.

Article 60 - Monitoring and evaluation

By [two years from entry into force of this Regulation] and every five years thereafter, the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States and shall, where appropriate, propose any amendments.

Member States shall, at the request of the Commission, send it the necessary information for drawing up its report not later than nine months before that time-limit expires.

Article 61 - Repeal

Directive 2013/32/EU is repealed.

References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex 2.

Article 62 - Entry into force and application

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

This Regulation shall start to apply from [six months from its entry into force].

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