1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning:
(a) the identification of family members, siblings or relatives of unaccompanied minors;
(b) the criteria for establishing the existence of proven family links;
(c) the criteria for assessing the capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor are staying in more than one Member State.
In exercising its power to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 23(4).
7. 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).
Correlation table
| Regulation (EU) No 604/2013 | This Regulation |
| Article 8 | Article 25 |