Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. Procedures including minors shall be treated with priority.

Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the resources, qualifications, training, expertise and independence to ensure that the best interests of the child are taken into consideration during the procedures carried out under this Regulation. The representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors, and shall keep the unaccompanied minor informed about the progress of the procedures under this Regulation.

The Member States shall involve the representative of an unaccompanied minor throughout the entire procedure for determining the Member State responsible under this Regulation. The representative shall assist the unaccompanied minor in providing information relevant to the assessment of the best interests of the child in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose, with due regard to confidentiality obligations towards the minor.

In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factors:

Before transferring an unaccompanied minor, the transferring Member State shall notify the Member State responsible or the Member State of relocation, which shall confirm that all appropriate measures referred to in Articles 16 and 27 of Directive (EU) 2024/1346 and Article 23 of Regulation (EU) 2024/1348 will be taken without delay, including the appointment of a representative in the Member State responsible or the Member State of relocation. Any decision to transfer an unaccompanied minor shall be preceded by an individual assessment of the best interests of the child. The assessment shall be based on the relevant factors listed in paragraph 4 of this Article and the conclusions of the assessment of those factors shall be clearly stated in the transfer decision. The assessment shall be done without delay by appropriately trained staff with the necessary qualifications and expertise to ensure that the best interests of the child are taken into consideration.

For the purpose of applying Article 25, the Member State where the unaccompanied minor’s application for international protection was first registered shall immediately take appropriate action to identify any family members, siblings or relatives of the unaccompanied minor on the territory of Member States, while protecting the best interests of the child.

With a view to facilitating the appropriate action to identify the family members or relatives of an unaccompanied minor living in the territory of another Member State pursuant to paragraph 6 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

The criteria for determining the Member State responsible shall be applied in the order in which they are set out in this Chapter.

The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation when the application for international protection was first registered with a Member State.

Where the applicant is an unaccompanied minor, only the criteria set out in this Article shall apply. Those criteria shall apply in the order in which they are set out in paragraphs 2 to 5.

The Member State responsible shall be the Member State where a family member or a sibling of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the child. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, unless it is demonstrated that it is not in the best interests of the child.

Where the applicant is an unaccompanied minor who has a relative who is legally present in another Member State and where it is established, on the basis of an individual examination, that the relative can take care of him or her, that Member State shall unite the minor with his or her relative and shall be the Member State responsible, unless it is demonstrated that it is not in the best interests of the child.

Where family members, siblings or relatives as referred to in paragraphs 2 and 3 are staying in more than one Member State, the Member State responsible shall be determined on the basis of what is in the best interests of the child.

In the absence of a family member, sibling or relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor’s application for international protection was first registered, if it is in the best interests of the child.

The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning:

The Commission shall, by means of implementing acts, establish uniform methods for the consultation and the exchange of information between Member States for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection in a Member State or who resides in a Member State on the basis of a long-term residence permit in accordance with Council Directive 2003/109/EC ([^E0016]) or long-term residence permit granted in accordance with national law, where that Directive does not apply in the Member State concerned, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned have expressed their desire to that effect in writing.

Where the family member had previously been allowed to reside as a beneficiary of international protection, but has later become a citizen of a Member State, that Member State shall be responsible for examining the application, provided that the persons concerned have expressed their desire to that effect in writing.

Paragraphs 1 and 2 shall also apply to children born after the family member arrived on the territory of the Member States.

Where the applicant holds a valid residence document, the Member State that issued that document shall be responsible for examining the application for international protection.

Where the applicant holds a valid visa, the Member State that issued that visa shall be responsible for examining the application for international protection, unless that visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009. In such a case, the represented Member State shall be responsible for examining the application for international protection.

Where the applicant holds more than one valid residence document or visa issued by different Member States, the Member State responsible for examining the application for international protection shall be determined in the following order:

Where the applicant holds one or more residence documents the validity of which has expired or which were annulled, revoked or withdrawn less than three years before the application was registered, or one or more visas the validity of which has expired or which were annulled, revoked or withdrawn less than 18 months before the application was registered, paragraphs 1, 2 and 3 shall apply.

The fact that the residence document or visa was issued on the basis of a false or assumed identity or on the submission of forged, counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued that residence document or visa. However, the Member State that issued the residence document or visa shall not be responsible if it can establish that fraud was committed after the document or visa was issued.

Where the applicant is in possession of a diploma or qualification issued by an education establishment established in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the application is registered less than six years after the diploma or qualification was issued.

Where the applicant is in possession of more than one diploma or qualification issued by education establishments in different Member States, the responsibility for examining the application for international protection shall be assumed by the Member State which issued the diploma or qualification following the longest period of study or, where the periods of study are identical, by the Member State in which the most recent diploma or qualification was obtained.

If a third-country national or a stateless person enters the territory of the Member States through a Member State in which the need for him or her to have a visa is waived, that Member State shall be responsible for examining his or her application for international protection.

Paragraph 1 shall not apply if the application for international protection of the third-country national or the stateless person is registered in another Member State in which the need for him or her to have a visa for entry into the territory is also waived. In that case, that other Member State shall be responsible for examining the application for international protection.

Where it is established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that an applicant has irregularly crossed the border into a Member State by land, sea or air from a third country, the first Member State that the applicant enters shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 20 months after the date on which that border crossing took place.

Notwithstanding the first paragraph of this Article, where it is established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that an applicant has been disembarked on the territory of a Member State following a search and rescue operation, that Member State shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 12 months after the date on which that disembarkation took place.

Paragraphs 1 and 2 of this Article shall not apply if it can be established, on the basis of proof or circumstantial evidence as described in the lists referred to in Article 40(4) of this Regulation, including the data referred to in Regulation (EU) 2024/1358, that the applicant was relocated to another Member State pursuant to Article 67 of this Regulation after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.

Where, on account of pregnancy, having a new-born child, serious mental or physical illness, severe disability, severe psychological trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that, having been informed of this possibility, the persons concerned expressed their desire to that effect in writing.

Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the Member State where that child, sibling or parent is legally resident, unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the Member State where the applicant is present. That Member State shall not be subject to the obligation to bring the child, sibling or parent of the applicant to its territory.

The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning:

The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

By way of derogation from Article 16(1), a Member State may decide to examine an application for international protection by a third-country national or a stateless person registered with it, even if such examination is not its responsibility according to the criteria laid down in this Regulation.

The Member State in which an application for international protection is registered and which is carrying out the procedure for determining the Member State responsible, or the Member State responsible, may, at any time before a first decision regarding the substance is taken, request another Member State to take charge of an applicant in order to bring together any family relations, on humanitarian grounds based in particular on meaningful links regarding family, social or cultural considerations, even where that other Member State is not responsible according to the criteria laid down in Articles 25 to 28 and 34. The persons concerned shall express their consent to that effect in writing.

The Member State responsible under this Regulation shall be obliged to:

For the purposes of this Regulation, it shall not be possible to separate the situation of a minor who is accompanying the applicant and meets the definition of family member from that of his or her family member and the minor shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, without the need for a written consent by the person concerned, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same shall apply to children born after the arrival of the applicant on the territory of the Member States, without the need to initiate a new procedure for taking charge of them.

In the situations referred to in paragraph 1, points (a) and (b), of this Article the Member State responsible shall examine or complete the examination of the application for international protection in accordance with Regulation (EU) 2024/1348.

Where a Member State issues a residence document to the applicant, decides to apply Article 35, considers that it is not in the best interests of the child to transfer an unaccompanied minor to the Member State responsible, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 46, that Member State shall become the Member State responsible and the obligations laid down in Article 36 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State that has been requested to take charge of the applicant or that has received a take back notification, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003.

Following an examination of an application in the border procedure pursuant to Regulation (EU) 2024/1348, the obligations laid down in Article 36(1) of this Regulation shall cease 15 months after a decision rejecting an application as inadmissible, unfounded or manifestly unfounded with regard to refugee status or subsidiary protection status or a decision declaring an application as implicitly or explicitly withdrawn has become final.

Notwithstanding the first subparagraph of paragraph 2 of this Article, where the person applies for international protection in another Member State within the period of 15 months referred to in that subparagraph and a take back procedure is pending at the date of expiration of that period of 15 months, responsibility shall not cease until that take back procedure is completed or the time limits for the transferring Member State to carry out the transfer in accordance with Article 46 have expired.

The obligations laid down in Article 36(1) of this Regulation shall cease where the Member State responsible establishes, on the basis of data recorded and stored in accordance with Regulation (EU) 2017/2226 or other evidence, that the person concerned has left the territory of the Member States for at least nine months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible.

The obligation laid down in Article 36(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it is established, on the basis of the update of the data set referred to in Article 16(2), point (d), of Regulation (EU) 2024/1358, that the person concerned has left the territory of the Member States, on either a compulsory or a voluntary basis, in compliance with a return decision or removal order issued following the withdrawal or rejection of the application.

The Member State where an application for international protection is first registered pursuant to Regulation (EU) 2024/1348 or, where applicable, the Member State of relocation shall start the procedure for determining the Member State responsible without delay.

If the applicant absconds, the Member State where an application is first registered or, where applicable, the Member State of relocation shall continue the procedure for determining the Member State responsible.

The Member State which has conducted the procedure for determining the Member State responsible, or which has become responsible pursuant to Article 16(4) of this Regulation, shall without delay indicate in Eurodac pursuant to Article 16(1) of Regulation (EU) 2024/1358:

An applicant who is present in another Member State without a residence document, or who in that Member State makes an application for international protection during the procedure for determining the Member State responsible, shall be taken back by the determining Member State under the conditions laid down in Articles 41 and 46.

An applicant who is present in a Member State without a residence document, or who in that Member State makes an application for international protection, after another Member State has confirmed that the person concerned is to be relocated pursuant to Article 67(9), and before the transfer has been carried out to the Member State of relocation pursuant to Article 67(11), shall be taken back by that Member State under the conditions laid down in Articles 41 and 46. That obligation shall cease where the Member State of relocation establishes that the applicant has obtained a residence document from another Member State.

If the Member State referred to in Article 38(1) considers that another Member State is responsible for examining the application, it shall, immediately and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant. Member States shall prioritise requests made on the basis of Articles 25 to 28 and 34.

The requesting Member State may request an urgent reply where the application for international protection was registered after a decision to refuse entry or a return decision was issued.

The take charge request shall include full and detailed reasons, based on all the circumstances of the case including the relevant elements from the applicant’s statement, relating to the relevant criteria set out in Chapter II and, where applicable, the template referred to in Article 22(1). It shall be submitted using a standard form and include proof or circumstantial evidence as described in the lists referred to in Article 40(4or any other documentation or information relevant for justifying the request, enabling the authorities of the requested Member State to check whether that Member State is responsible on the basis of the criteria laid down in this Regulation.

The requested Member State shall carry out the necessary checks, and shall reply to the request to take charge of an applicant without delay and in any event within one month of receipt of the request. Member States shall prioritise requests made on the basis of Articles 25 to 28 and 34. To that end, the requested Member State may request assistance from national, international or other relevant organisations to verify the relevant elements of proof and circumstantial evidence submitted by the requesting Member State, in particular for the identification and tracing of family members.

Notwithstanding paragraph 1, in the case of a Eurodac hit with data recorded pursuant to Articles 22 and 24 of Regulation (EU) 2024/1358 or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EC) No 767/2008, the requested Member State shall reply to the request within two weeks of receipt of the request.

In the procedure for determining the Member State responsible elements of proof and circumstantial evidence shall be used.

The Commission shall, by means of implementing acts, establish, and review periodically, two lists, indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in the second and third subparagraphs of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

The requirement of proof and circumstantial evidence shall not exceed what is necessary for the proper application of this Regulation.

The requested Member State shall acknowledge its responsibility provided that the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility.

Where the requesting Member State has asked for an urgent reply pursuant to Article 39(2), the requested Member State shall reply within the period requested or, failing that, within two weeks of receipt of the request.

Where the requested Member State does not object to the request within the one-month period set out in paragraph 1 of this Article, or where applicable within the two-week period set out in paragraphs 2 and 7 of this Article, by a reply which sets out substantiated reasons, based on all the circumstances of the case relating to the relevant criteria set out in Chapter II, that lack of objection shall be tantamount to accepting the request, and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival. The substantiated reasons shall be supported by proof and circumstantial evidence where available.

In a situation referred to in Article 36(1), point (b) or (c), the Member State where the person is present shall make a take back notification immediately and in any event within two weeks after receiving the Eurodac hit. Failure to make the take back notification within that time limit shall not affect the obligation of the Member State responsible to take back the person concerned.

A take back notification shall be made using a standard form and shall include proof or circumstantial evidence as described in the lists referred to in Article 40(4) or relevant elements from the statements of the person concerned.

The notified Member State shall confirm receipt of the notification to the Member State which made the notification within two weeks, unless the notified Member State demonstrates within that time limit that it is not responsible pursuant to Article 37 or that the take back notification is based on an incorrect indication of the Member State responsible pursuant to Regulation (EU) 2024/1358.

Failure to act within the two-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification.

The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of take back notifications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

The determining Member State whose take charge request as regards the applicant referred to in Article 36(1), point (a), has been accepted or that made a take back notification as regards persons referred to in Article 36(1), point (b) and (c), shall take a transfer decision within two weeks of the acceptance or confirmation.

Where the requested or notified Member State accepts to take charge of an applicant or confirms to take back a person referred to in Article 36(1), point (b) or (c), the transferring Member State shall notify the person concerned of the decision to transfer him or her to the Member State responsible in writing, in plain language and without delay as well as, where applicable, of the fact that it will not examine his or her application for international protection, the time limits for carrying out the transfer and the obligation to comply with the decision pursuant to Article 17(5).

Where a legal adviser or other counsellor, admitted or permitted as such under national law, is legally representing the person concerned, Member States may notify the decision referred to in paragraph 1 to such legal adviser or counsellor instead of to the person concerned and, where applicable, communicate the decision to the person concerned.

The decision referred to in paragraph 1 of this Article shall also include information on the legal remedies available pursuant to Article 43, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain 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.

Where the person concerned is not legally represented by a legal adviser or other counsellor, admitted or permitted as such under national law, Member States shall provide him or her with information on the main elements of the decision, which shall include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.

The applicant or another person as referred to in Article 36(1), points (b) and (c), 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 before a court or tribunal.

Member States shall provide for a period of at least one week but no more than three weeks after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.

The person concerned shall have the right to request, within a reasonable period of time from the notification of the transfer decision but in any event no longer than the period provided for by Member States pursuant to paragraph 2, a court or tribunal to suspend the implementation of the transfer decision pending the outcome of his or her appeal or review. Member States may provide in national law that the request to suspend the implementation of the transfer decision must be lodged together with the appeal pursuant to paragraph 1. Member States shall ensure that an effective remedy is in place by suspending the transfer until the decision on the first suspension request is taken. Any decision on whether to suspend the implementation of the transfer decision shall be taken within one month of the date when the competent court or tribunal received that request.

Member States shall ensure that the person concerned has access to legal assistance and, where necessary, to linguistic assistance.

Member States shall ensure that legal assistance and representation in the appeal procedure are granted on request free of charge where the person concerned cannot afford the costs involved. 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 and representation.

Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation.

Where there is a risk of absconding or where the protection of national security or public order so requires, Member States may detain the person concerned in order to ensure transfer procedures in accordance with this Regulation, on the basis of an individual assessment of the person’s circumstances, and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively.

Detention shall be as short as possible and for no longer than the time reasonably necessary to complete the required administrative procedures with due diligence until the transfer under this Regulation is carried out.

As regards the detention conditions and the guarantees applicable to applicants detained pursuant to this Article, Articles 11, 12 and 13 of Directive (EU) 2024/1346 shall apply.

Detention pursuant to this Article shall be ordered in writing by administrative or judicial authorities. The detention order shall state the reasons in fact and in law on which it is based. Where detention is ordered by an administrative authority, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio or at the request of the applicant, or both.

By way of derogation from Articles 39 and 41, where a person is detained pursuant to Article 44, the period for submitting a take charge request or a take back notification shall not exceed two weeks from the registration of the application for international protection or two weeks from receiving the Eurodac hit where no new application has been registered in the notifying Member State.

By way of derogation from Article 40(1), the requested Member State shall reply as soon as possible, and in any event within one week of receipt of the request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.

By way of derogation from Article 46, where a person is detained, the transfer of that person from the transferring Member State to the Member State responsible shall be carried out as soon as practically possible, and within five weeks of:

Where the transferring Member State fails to comply with the time limits for submitting a take charge request or take back notification or to take a transfer decision within the time limit laid down in Article 42(1) or where the transfer does not take place within the period of five weeks referred to in paragraph 3 of this Article, the person shall no longer be detained. Articles 39, 41 and 46 shall continue to apply accordingly.

The transfer of an applicant or of another person as referred to in Article 36(1), points (b) and (c), from the transferring Member State to the Member State responsible shall be carried out in accordance with the national law of the transferring Member State, after consultation between the Member States concerned, as soon as practically possible and within six months of the acceptance of the take charge request, of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision with suspensive effect in accordance with Article 43(3).

Where the transfer does not take place within the time limit 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 transferring Member State. That time limit may be extended up to a maximum of one year if the transfer could not be carried out due to the imprisonment of the person concerned or up to a maximum of three years from when the requesting Member State informed the Member State responsible that the person concerned, or a family member to be transferred together with the person concerned, has absconded, is physically resisting the transfer, is intentionally making himself or herself unfit for the transfer, or is not complying with medical requirements for the transfer.

Where a person has been transferred erroneously or a decision to transfer is overturned on appeal or review after the transfer has been carried out, the Member State which carried out the transfer shall promptly accept that person back.

The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States for the purposes of this Article, 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 77(2).

In accordance with Article 20 of Regulation (EU) 2021/1147, a contribution shall be paid to the Member State carrying out the transfer of an applicant or another person as referred to in Article 36(1), point (b) or (c), of this Regulation pursuant to Article 46 of this Regulation.

Where the person concerned is to be transferred back to a Member State as a result of an erroneous transfer or of a transfer decision that has been overturned on appeal or review after the transfer has been carried out, the Member State which initially carried out the transfer shall be responsible for the costs of transferring the person concerned back to its territory.

Persons transferred pursuant to this Regulation shall not be required to meet the costs of such transfers.

The Member State carrying out the transfer of an applicant or of another person as referred to in Article 36(1), point (b) or (c), shall communicate to the Member State responsible personal data concerning the person to be transferred that are adequate, relevant and limited to what is necessary for the sole purposes of ensuring that the competent authorities, in accordance with national law of the Member State responsible, are in a position to provide that person with adequate assistance, including the provision of immediate health care required in order to protect his or her vital interests, to ensure continuity in the protection and rights afforded by this Regulation and by other applicable legal instruments in the field of asylum. Those data shall be communicated to the Member State responsible within a reasonable period of time before a transfer is carried out, in order to ensure that its competent authorities have sufficient time to take the necessary measures.

The transferring Member State shall transmit to the Member State responsible any information that is essential in order to safeguard the rights and any immediate special needs of the person to be transferred, and in particular:

The exchange of information under this Article shall only take place between the authorities notified to the Commission in accordance with Article 52 of this Regulation using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. The information exchanged shall be used only for the purposes set out in paragraph 1 of this Article and shall not be further processed.

With a view to facilitating the exchange of information between Member States, the Commission shall, by means of implementing acts, draw up a standard form for the transfer of the data required pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2).

Article 51(8) and (9) shall apply to the exchange of information pursuant to this Article.

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 or sexual violence, the transferring Member State shall, in so far as it is available to its competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases can 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 required.

The transferring Member State shall transmit the information referred to in paragraph 1 to the Member State responsible only after having obtained the explicit consent of the applicant or of his or her representative or when such transmission is necessary to protect public health or 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.

The processing of personal health data referred to in paragraph 1 shall be carried out only by a health professional who is subject, under national law, to the obligation of professional secrecy or by another person subject to an equivalent obligation of professional secrecy.

The exchange of information under this Article shall take place only between health professionals or other persons referred to in paragraph 3. The information exchanged shall be used only for the purposes set out in paragraph 1 and shall not be further processed.

The Commission shall, by means of implementing acts, establish uniform methods and practical arrangements for exchanging the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2).

Article 51(8) and (9) shall apply to the exchange of information pursuant to this Article.

Each Member State shall communicate to any Member State that so requests personal data concerning a person covered by the scope of this Regulation that are adequate, relevant and limited to what is necessary for the purpose of:

The information referred to in paragraph 1 shall include only:

Provided that it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to inform it about the grounds on which the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. Where the Member State responsible applies Article 55 of Regulation (EU) 2024/1348, that Member State may also request information enabling its competent authorities to establish whether new elements have arisen or have been presented by the applicant. The requested Member State may refuse to respond to the request, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. The applicant shall be informed by the requesting Member State in advance about the specific information requested and the reason for that request.

Any request for information shall be sent only in the context of an individual application for international protection or transfer for the purposes of relocation. That request shall set out the grounds on which it is based and, where its purpose is to check whether there is a criterion that is likely to entail the responsibility of the requested Member State, shall state on what evidence it is based, including relevant information from reliable sources on the ways and means by which applicants enter the territories of the Member States, or on what specific and verifiable part of the applicant’s statements it is based. Such relevant information from reliable sources shall not in itself be sufficient to determine the responsibility and the competence of a Member State under this Regulation, but it may contribute to the evaluation of other indications relating to an individual applicant..

The requested Member State shall be obliged to reply within three weeks. Any delays in the reply shall be duly justified. Failure to reply within three weeks shall not relieve the requested Member State of the obligation to reply. If that requested Member State withholds information which shows that it is responsible, that Member State may not invoke the expiry of the time limits provided for in Article 39 as a reason for refusing to comply with a request to take charge. In that case, the time limits provided for in Article 39 for submitting a request to take charge shall be extended by a period of time equivalent to the delay in the reply by the requested Member State.

The exchange of information shall be carried out at the request of a Member State and may only take place between authorities whose designation by each Member State has been communicated to the Commission in accordance with Article 52(1).

The information exchanged may be used only for the purposes set out in paragraph 1. In each Member State such information may, depending on its type and the powers of the recipient authority, only be communicated to the authorities and courts and tribunals entrusted with:

The Member State which forwards the information shall ensure that the information is accurate and up-to-date. If it transpires that the Member State has forwarded information which is inaccurate or which should not have been forwarded, the recipient Member States shall be informed thereof immediately. They shall be obliged to correct such information or to have it erased.

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.

Each Member State shall notify the Commission without delay of the competent authorities responsible for fulfilling the obligations under this Regulation, and any amendments thereto. Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks relating to the application of the procedures for determining the Member State responsible for examining an application for international protection in a rapid and efficient manner, and in particular for safeguarding procedural and fundamental rights, ensuring a swift procedure for reuniting family members and relatives present in different Member States, replying within the prescribed time limits to requests for information, take charge requests and take back notifications and, where applicable, complying with their obligations under Part IV.

The Commission shall publish a consolidated list of the authorities referred to in paragraph 1 in the Official Journal of the European Union. Where there are changes to that list, the Commission shall publish an updated consolidated list once a year.

Member States shall ensure that the staff of the authorities referred to in paragraph 1 receive the necessary training with respect to the application of this Regulation.

The Commission shall, by means of implementing acts, establish secure electronic communication channels between the authorities referred to in paragraph 1 and between those authorities and the Asylum Agency for transmitting information, biometric data taken in accordance with Regulation (EU) 2024/1358, requests, notifications, replies and any other written correspondence and for ensuring that senders automatically receive electronic proof of delivery. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Member States may, on a bilateral basis, establish administrative arrangements between themselves concerning the practical details for the implementation of this Regulation, in order to facilitate its application and increase its effectiveness. Such arrangements may relate to:

Member States may also maintain the administrative arrangements concluded under Council Regulation (EC) No 343/2003 ([^E0017]) and Regulation (EU) No 604/2013. To the extent that such arrangements are not compatible with this Regulation, the Member States concerned shall amend those arrangements in such a way as to eliminate any incompatibilities.

Before concluding or amending any arrangement as referred to in paragraph 1, point (b), the Member States concerned shall consult the Commission as to the compatibility of the arrangement with this Regulation.