Changes from plenary report to adopted text

RemovedArticle 30 – paragraph 6: 6. The requested Member State shall acknowledge its responsibility if the proof, circumstantial evidence or any other documentation or information is coherent, verifiable and sufficiently detailed to establish responsibility.

RemovedArticle 30 – paragraph 7: deleted

RemovedArticle 30 – paragraph 8: deleted

RemovedPart III – Chapter V – Section III – title: Procedures for take back requests

RemovedArticle 31 – title: Submitting a take back request

RemovedArticle 31 – paragraph 1: 1. In a situation referred to in Article 26(1), point (b), (c) or (d) the Member State where the person is present shall make a take back request without delay and in any event within one month after receiving the Eurodac hit.

RemovedArticle 31 – paragraph 1 – subparagraph 1 a (new): Where the take back request is not made within the established time limits, the responsibility for examining the application for international protection shall lie with the Member State where the applicant is present.

RemovedArticle 31 – paragraph 2: 2. A take back request shall be made using a standard form and shall include proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the statements of the person concerned, enabling the authorities of the requested Member State to check whether it is responsible.

RemovedArticle 31 – paragraph 3: 3. The requested Member State shall accept the request to the Member State which made the request within one month, unless the requested Member State can demonstrate within that time limit that it is not responsible pursuant to Article 27.

RemovedArticle 31 – paragraph 4: 4. Failure to act within the one month period set out in paragraph 3 shall be tantamount to confirming the receipt of the request.

RemovedArticle 31 – paragraph 5: 5. The Commission shall, by means of implementing acts, adopt uniform methods for the preparation and submission of take back requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

RemovedArticle 32 – paragraph 1: 1. The determining Member State whose take charge or take back request was accepted shall take a transfer decision at the latest within one week of the acceptance.

RemovedArticle 32 – paragraph 2: 2. Where the requested Member State accepts to take charge of, or take back, an applicant the requesting Member State shall notify the person concerned in writing, in a plain language that he or she understands, within one week of the decision to transfer him or her to the Member State responsible and, where applicable, of the fact that it will not examine his or her application for international protection, the consequences of the decision, including the time limits for carrying out the transfer and the obligation for the applicant set out in Article 9(5).

RemovedArticle 32 – paragraph 2 – subparagraph 1 a (new): The notification shall also include, where available, information on the place where and the date on which the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.

RemovedArticle 32 – paragraph 3: 3. If a legal advisor or other counsellor is representing the person concerned, Member States shall notify the decision to such legal advisor or counsellor instead of to the person concerned and communicate the decision to the person concerned.

RemovedArticle 32 – paragraph 4 – subparagraph 1: The decision referred to in paragraph 1 shall also include information on the legal remedies available pursuant to Article 33, including on the right to suspensive effect, and on the time limits applicable for seeking such remedies.

RemovedArticle 32 – paragraph 5: 5. Where the person concerned is not assisted or represented by a legal advisor or other counsellor, Member States shall inform him or her of the main elements of the decision, which shall always include information on the legal remedies available, the right to suspensive effect, and the time limits applicable for seeking such remedies, in a language that the person concerned understands.

RemovedArticle 33 – paragraph 1 – subparagraph 1: The applicant or another person as referred to in Article 26(1) shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision, or a decision to reject a take charge request before a court or tribunal.

RemovedArticle 33 – paragraph 1 – subparagraph 2 – introductory part: The remedy against a transfer decision shall entail an ex nunc assessment of at least:

RemovedArticle 33 – paragraph 1 – subparagraph 2 – point a: (a) whether the transfer would, for the person concerned, result in a real risk of a violation of a right guaranteed in the Charter of Fundamental Rights;

RemovedArticle 33 – paragraph 2: 2. Member States shall provide for a period of one week after the notification of a transfer decision or decision to reject a take charge request within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1. No transfer shall take place before the decision on the appeal or review against a transfer decision is taken (suspensive effect).

RemovedArticle 33 – paragraph 3 – subparagraph 1: deleted

RemovedArticle 33 – paragraph 3 – subparagraph 2: deleted

RemovedArticle 33 – paragraph 3 – subparagraph 3: deleted

RemovedArticle 33 – paragraph 3 – subparagraph 4: The court or tribunal shall endeavour to decide on the substance of the appeal or review within one month of the appeal or review.

RemovedArticle 33 – paragraph 4: 4. Member States shall ensure that the person concerned has access to legal assistance at all stages of the procedure and, where necessary, to linguistic assistance.

RemovedArticle 33 – paragraph 5 – subparagraph 1: Member States shall ensure that legal assistance is granted on request free of charge. Member States may provide that, as regards fees and other costs, the treatment of persons subject to this Regulation shall not be more favourable than the treatment generally accorded to their nationals in matters pertaining to legal assistance.

RemovedArticle 33 – paragraph 5 – subparagraph 2: deleted

RemovedArticle 33 – paragraph 5 – subparagraph 5: Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal.

RemovedArticle 34 – paragraph 1: 1. Member States may hold a person in detention to secure the transfer procedures pursuant to Article 8(3), point (g), of Directive xxx/xxx [Reception Conditions Directive].

RemovedArticle 34 – paragraph 2: deleted

RemovedArticle 34 – paragraph 2 a (new): 2a. As regards the detention conditions and the guarantees applicable to applicants detained in order to secure the transfer procedures to the Member State responsible, Articles 9, 10 and 11 of Directive XXX/XXX/EU [Reception Conditions Directive] shall apply.

RemovedArticle 34 – paragraph 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 34 – paragraph 4: deleted

RemovedArticle 34 – paragraph 5: deleted

RemovedArticle 34 a (new): Article 34a / Time limits for detained applicants / 1. By way of derogation from Articles 29 and 31, where a person is detained pursuant to Article 34, the period for submitting a take charge or take back request shall not exceed two weeks from the registration of the application for international protection. / Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back request shall not exceed two weeks from the date on which the person was placed in detention. / 2. By way of derogation from Article 30(1), the requested Member State shall reply as soon as possible, and in any event within two weeks of receipt of the request. / 3. By way of derogation from Article 35, where a person is detained, the transfer of that person from the requesting Member State to the Member State responsible shall be carried out as soon as practically possible, and at the latest within eight weeks of: / (a) the date on which the request to take charge or take back was accepted, or / (b) the date on which the decision on appeal or review was taken. / 4. Where the requesting Member State, for reasons beyond its control fails to comply with the time limits for submitting a take charge request or take back request or to take a transfer decision within the time limit laid down in Article 32(1) or where the transfer does not take place within the period of eight weeks referred to in paragraph 3 of this Article, the …

RemovedArticle 35 – paragraph 1 – subparagraph 1: The transfer of an applicant or of another person as referred to in Article 26(1), point (b), (c) and (d), from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within three months of the acceptance of the take charge or take back request by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3). That time limit may be extended up to a maximum of one year, if the transfer cannot be carried out due to imprisonment of the person concerned or his or her non-compliance with the transfer decision.

RemovedArticle 35 – paragraph 1 – subparagraph 2: Where the transfer is carried out for the purpose of relocation, the transfer shall take place within the time limit set out in Article 57(8).

RemovedArticle 35 – paragraph 1 – subparagraph 3: If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall ensure that they are carried out in a humane manner and with full compliance with fundamental rights and human dignity.

RemovedArticle 35 – paragraph 1 – subparagraph 4: If necessary, the applicant shall be supplied by the requesting Member State with a laissez passer. The Commission shall, by means of implementing acts, establish the design of the laissez passer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

RemovedArticle 35 – paragraph 1 – subparagraph 5: The Member State responsible shall inform the requesting Member State, as appropriate, of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.

RemovedArticle 35 – paragraph 2 – subparagraph 1: Where the transfer does not take place within the time limits set out in paragraph 1, first subparagraph, the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting Member State, unless the Member State responsible is accountable for the failure of the transfer.

RemovedArticle 35 – paragraph 2 – subparagraph 2: Notwithstanding the first subparagraph, where the person concerned absconds and the requesting Member State informs the Member State responsible before the expiry of the time limits set out in paragraph 1, first subparagraph, that the person concerned has absconded, the transferring Member State shall retain the right to carry out the transfer within one year from when the requesting Member State informed the Member State responsible, should the person become available to the authorities again, unless another Member State has carried out the procedures in accordance with this Regulation and transferred the person to the responsible Member State after the person absconded.

RemovedArticle 35 – paragraph 4: 4. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).

RemovedArticle 36 – paragraph 1: 1. In accordance with Article 20 of Regulation (EU) 2021/1147, a contribution shall be paid to the Member State carrying out the transfer for the transfer of an applicant or another person as referred to in Article 26(1), point (b), (c) or (d), pursuant to Article 35.

RemovedArticle 37 – paragraph 2 – introductory part: 2. The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and immediate specific needs of the person to be transferred, and in particular:

RemovedArticle 37 – paragraph 2 – point a: (a) any immediate measures which the Member State responsible is required to take in order to ensure that the specific needs of the person to be transferred are adequately addressed, including any immediate health care that may be required and, where necessary, any arrangements needed to uphold the best interest of the child;

RemovedArticle 37 – paragraph 2 – point c: (c) in the case of minors, the best interest of the child assessment and information, as set out in Article 13, including on their education;

RemovedArticle 37 – paragraph 2 – point d: (d) an assessment of the age of an applicant, where relevant;

RemovedArticle 37 – paragraph 2 – point e a (new): (ea) any other relevant information.

RemovedArticle 37 – paragraph 4: 4. With a view to facilitating the exchange of information between Member States, the Commission shall, by means of delegated acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those delegated acts shall be adopted in accordance with the examination procedure laid down in Article 68.

RemovedArticle 38 – paragraph 1: Where the Member State carrying out a transfer is in possession of information that indicates that there are reasonable grounds to consider the applicant or another person as referred to in Article 26(1), point (b), (c) or (d), a threat to internal security in a Member State, that Member State shall also communicate such information to the Member State responsible.

RemovedArticle 39 – paragraph 1 – subparagraph 1: For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons, including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any specific needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.

RemovedArticle 39 – paragraph 1 – subparagraph 2: The Commission shall, by means of implementing acts, draw up the common health and vulnerabilities certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).

RemovedArticle 39 – paragraph 2: 2. The transferring Member State shall only transmit the information referred to in paragraph 1 to the Member State responsible after having obtained the explicit consent of the applicant and/or of his or her guardian or when such transmission is necessary to protect public health and public security, or, where the person concerned is physically or legally incapable of giving his or her consent, to protect the vital interests of the person concerned or of another person. The lack of consent, including a refusal to consent, shall not constitute an obstacle to the transfer.

RemovedArticle 40 – paragraph 1 – point c a (new): (ca) implementing a return decision.

RemovedArticle 40 – paragraph 2 – point f: (f) the place where the application was made;

RemovedArticle 40 – paragraph 2 – point g: (g) the date on which any previous application for international protection was made, the date on which the current application was registered, the stage reached in the proceedings and the decision taken, if any.

RemovedArticle 40 – paragraph 3: 3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm or the protection of the liberties and fundamental rights of the person concerned or of others. The applicant shall be informed about the specific information requested by the requesting Member State and the reason for the request in advance.

RemovedArticle 40 – paragraph 9: 9. In each Member State concerned, a record shall be kept, in the individual file for the person concerned or in a register, of the transmission and receipt of information exchanged. The security and confidentiality of that record shall be ensured.