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5 / 21

5.9.2003

EN

Official Journal of the European Union

L 222/7

2.

The fact that the duration of procedures for placing a

minor may lead to a failure to observe the time limits set in Article 18(1) and (6) and Article 19(4) of Regulation (EC) No 343/2003 shall not necessarily be an obstacle to continuing the

The Chairman of the Committee, or his deputy, shall chair the discussion. He may put forward his point of view but he may not vote.

procedure

for

determining

carrying out a transfer.

the

Member

State

responsible

or

W h e t h

er

it i

s a d o p t e d

o r r e j e c t e d b y t h

proposed shall be final and irrevocable

.

e p a r t i e s ,

th

e s o l u t i o n

Article 13

CHAPTER V

Procedures

COMMON PROVISIONS

1.

The initiative of requesting another Member State to take

charge of an asylum seeker on the basis of Article 15 of Regu- lation (EC) No 343/2003 shall be taken either by the Member State where the application for asylum was made and which is

Article 15

Transmission of requests

carrying out a procedure to determine the responsible, or by the Member State responsible.

Member

State

1.

Requests, replies and all written correspondence between

Member States concerning the application of Regulation (EC)

2.

The request to take charge shall contain all the material

in the possession of the requesting Member State to allow the

requested Member State to assess the situation.

No 343/2003 shall ‘DubliNet’ electronic Title II of the present

where possible communications Regulation.

be sent network,

through the set up under

3.

The requested Member State shall carry out the necessary

checks to establish, where applicable, humanitarian reasons, particularly of a family or cultural nature, the level of depen-

dency of the person concerned or of the other person concerned desired.

the to

ability and commitment provide the assistance

By way of derogation from the first subparagraph, correspon- dence between the departments responsible for carrying out transfers and competent departments in the requested Member State regarding the practical arrangements for transfers, time and place of arrival, particularly where the asylum seeker is under escort, may be transmitted by other means.

2.

Any request, reply or correspondence emanating from a

4.

In all events, the persons concerned must have given their

consent.

National Access Point, as referred deemed to be authentic.

to in Article

19, shall be

3.

The acknowledgement issued by the system shall be taken

as proof of transmission and of the date and time of receipt of

Article 14

the request or reply.

Conciliation

Article 16

1.

Where the Member States cannot resolve a dispute, either

on the need to carry out a transfer or to bring relatives together on the basis of Article 15 of Regulation (EC) No 343/2003, or on the Member State in which the persons concerned should be reunited, they may have recourse to the conciliation proce-

dure provided for in paragraph 2 of this Article.

Language of communication

The language or languages of communication shall be chosen by agreement between the Member States concerned.

2.

The conciliation procedure shall be initiated by a request

from one of the Member States in dispute to the Chairman of the Committee set up by Article 27 of Regulation (EC) No 343/

2003. By agreeing to use the conciliation Member States concerned undertake to take the of the solution proposed.

procedure, the utmost account

1.

Article 17

Consent of the persons concerned

For the application of Articles 7 and 8, Article 15(1) and

The Chairman of the Committee shall appoint three members of the Committee representing three Member States not connected with the matter. They shall receive the arguments of the parties either in writing or orally and, after deliberation, shall propose a solution within one month, where necessary after a vote.

Article 21(3) of Regulation (EC) No 343/2003, which require the persons concerned to express a desire or give consent, their

approval must be given in writing.

2.

In the case of Article 21(3) of Regulation (EC) No 343/

2003, the applicant giving his approval.

must know for what

information he

is

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