1. 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.
2. 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.
3. 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.
4. As regards the detention conditions and the guarantees applicable to applicants detained pursuant to this Article,Articles 11,12 and13 of shall apply.
5. 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.
Correlation table
| Regulation (EU) No 604/2013 | This Regulation |
| Article 28 | Article 44 |