X hits on this document

39 views

0 shares

0 downloads

0 comments

2 / 21

L 222/4

EN

Official Journal of the European Union

5.9.2003

(10)

The measures set out in this Regulation are in accor- dance with the opinion of the Committee set up by Article 27 of Regulation (EC) No 343/2003,

Article 2

Preparation of requests for taking back

HAS ADOPTED THIS REGULATION:

Requests for taking back shall be made on a standard form in accordance with the model in Annex III, setting out the nature of the request, the reasons for it and the provisions of Regula- tion (EC) No 343/2003 on which it is based.

TITLE I

PROCEDURES

The request shall also include the positive result (hit) trans- mitted by the Eurodac Central Unit, in accordance with Article 4(5) of Regulation EC) No 2725/2000, after comparison of the applicant's fingerprints with fingerprint data previously taken and sent to the Central Unit in accordance with Article 4(1) and (2) of that Regulation and checked in accordance with Article 4(6) of that Regulation.

CHAPTER I

For requests relating to applications dating from before Eurodac became operational, a copy of the fingerprints shall be attached to the form.

PREPARATION OF REQUESTS

CHAPTER II

Article 1

REACTION TO REQUESTS

Preparation of requests for taking charge

1.

Requests for taking charge shall be made on a standard

Article 3

form in accordance with the model in Annex I. The form shall include mandatory fields which must be duly filled in and other fields to be filled in if the information is available. Additional

Processing requests for taking charge

information purpose.

may

be

entered

in

the

field

set

aside

for

the

The request shall also include:

  • (a)

    a copy of all the proof and circumstantial evidence showing that the requested Member State is responsible for exam- ining the application for asylum, accompanied, where appropriate, by comments on the circumstances in which it was obtained and the probative value attached to it by the requesting Member State, with reference to the lists of proof and circumstantial evidence referred to in Article 18(3) of Regulation (EC) No 343/2003, which are set out in Annex II to the present Regulation;

  • (b)

    where necessary, a copy of any written declarations made by or statements taken from the applicant.

1.

The arguments in law and in fact set out in the request

shall be examined in the light of the provisions of Regulation (EC) No 343/2003 and the lists of proof and circumstantial evidence which are set out in Annex II to the present Regula-

tion.

2.

Whatever the criteria and provisions of Regulation (EC)

No 343/2003 that are relied on, the requested Member State shall, within the time allowed by Article 18(1) and (6) of that Regulation, check exhaustively and objectively, on the basis of all information directly or indirectly available to it, whether its responsibility for examining the application for asylum is estab- lished. If the checks by the requested Member State reveal that it is responsible under at least one of the criteria of that Regula-

tion, it shall acknowledge its responsibility.

Article 4

2.

Where the request is based on a positive result (hit) trans-

mitted by the Eurodac Central Unit in accordance with Article 4(5) of Regulation (EC) No 2725/2000 after comparison of the asylum seeker's fingerprints with fingerprint data previously taken and sent to the Central Unit in accordance with Article 8 of that Regulation and checked in accordance with Article 4(6) of that Regulation, it shall also include the data supplied by the

Central Unit.

3.

Where the requesting Member State asks for an urgent

reply in accordance with Article 17(2) of Regulation (EC) No 343/2003, the request shall describe the circumstances of the application for asylum and shall state the reasons in law and in

fact which warrant an urgent reply.

Processing of requests for taking back

Where a request for taking back is based on data supplied by the Eurodac Central Unit and checked by the requesting Member State, in accordance with Article 4(6) of Regulation (EC) No 2725/2000, the requested Member State shall acknowledge its responsibility unless the checks carried out reveal that its obligations have ceased under the second subpar- agraph of Article 4(5) or under Article 16(2), (3) or (4) of Regu- lation (EC) No 343/2003. The fact that obligations have ceased on the basis of those provisions may be relied on only on the basis of material evidence or substantiated and verifiable state- ments by the asylum seeker.

Document info
Document views39
Page views39
Page last viewedSun Dec 04 02:24:01 UTC 2016
Pages21
Paragraphs850
Words6733

Comments