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L 222/6


Official Journal of the European Union



A Member State which, for one of the reasons set out in

Article 19(4) and Article 20(2) of Regulation (EC) No 343/ 2003, cannot carry out the transfer within the normal time limit of six months provided for in Article 19(3) and Article 20(1)(d) of that Regulation, shall inform the Member State responsible before the end of that time limit. Otherwise, the responsibility for processing the application for asylum and the other obligations under Regulation (EC) No 343/2003 falls to the former Member State, in accordance with Article 19(4) and

Article 20(2) of that Regulation.

ficates. Where such evidence is not available or cannot be supplied, humanitarian grounds shall be taken as proven only on the basis of convincing information supplied by the persons concerned.


The following points shall be taken into account in asses-

sing the necessity and appropriateness of bringing together the

persons concerned:


When, for one of the reasons set out in Article 19(4) and

Article 20(2) of Regulation (EC) No 343/2003, a Member State undertakes to carry out the transfer after the normal time limit of six months, it shall make the necessary arrangements in

  • (a)

    the family situation which existed in the country of origin;

  • (b)

    the circumstances in which the persons concerned were


advance with the Member State responsible.

Article 10

Transfer following an acceptance by default

  • (c)

    the status of the various asylum procedures or procedures under the legislation on aliens under way in the Member States.

    • 4.

      The application of Article 15(2) of Regulation (EC) No

343/2003 shall, in any event, be subject to the assurance that the asylum seeker or relative will actually provide the assistance needed.


Where, pursuant to Article 18(7) or Article 20(1)(c) of









Member State is deemed to have accepted a request

to take

charge or to take back, the requesting Member State initiate the consultations needed to organise the transfer.



The Member State in which the relatives will be reunited

and the date of the transfer shall be agreed by the Member

States concerned, taking account of:


If asked to do so by the requesting Member State, the

Member State responsible must confirm in writing, without delay, that it acknowledges its responsibility as a result of its failure to reply within the time limit. The Member State respon- sible shall take the necessary steps to determine the asylum seeker's place of arrival as quickly as possible and, where applicable, agree with the requesting Member State the time of arrival and the practical details of the handover to the compe-

  • (a)

    the ability of the dependent person to travel;

  • (b)

    the situation of the persons concerned as regards residence, preference being given to the bringing the asylum seeker together with his relative where the latter already has a valid residence permit and resources in the Member State in which he resides.

tent authorities.


Article 12


Unaccompanied minors

Article 11

Situations of dependency


Article 15(2) of Regulation (EC) No 343/2003 shall apply

whether the asylum seeker is dependent on the assistance of a relative present in another Member State or a relative present in another Member State is dependent on the assistance of the

asylum seeker.


Where the decision to entrust the care of an unaccompa-

nied minor to a relative other than the mother, father or legal guardian is likely to cause particular difficulties, particularly where the adult concerned resides outside the jurisdiction of the Member State in which the minor has applied for asylum, cooperation between the competent authorities in the Member States, in particular the authorities or courts responsible for the protection of minors, shall be facilitated and the necessary steps taken to ensure that those authorities can decide, with full knowledge of the facts, on the ability of the adult or adults concerned to take charge of the minor in a way which serves

his best interests.


The situations of dependency referred to in Article 15(2)

of Regulation (EC) No 343/2003 shall be assessed, as far as possible, on the basis of objective criteria such as medical certi-

Options now available in the field of cooperation on judicial and civil matters shall be taken account of in this connection.

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