1. The determining authority or any other authority or experts assisting it in accordance with Article 5 and Article 13(6) with conducting the personal interviews shall make a thorough and factual report containing all the main elements of the personal interview, or a transcript of the interview or a transcript of the recording of such an interview, to be included in the applicant’s file.
2. The personal interviews shall be recorded using audio means of recording. The applicant shall be informed in advance of the fact that such a recording is being made and the purpose thereof. Particular attention shall be paid to the requirements of applicants in need of special procedural guarantees. The determining authority shall include the recording in the applicant’s file.
3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report, the transcript of the interview or the transcript of the recording, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report, of the transcript of the interview or of the transcript of the recording, with the assistance of an interpreter, where necessary.
4. The applicant shall be requested to confirm that the content of the report or the transcript of the interview correctly reflects the personal interview. Where the applicant refuses to confirm the content, the reasons for that refusal shall be entered in the applicant’s file. That refusal shall not prevent the determining authority from taking a decision on the application. Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail.
5. The applicant does not have to be requested to make comments or to provide clarifications on the report or the transcript of the interview, nor to confirm that the content of the report or the transcript of the interview correctly reflects the interview where:
(a) under national law, the recording or a transcript thereof may be admitted as evidence in the appeal procedure, or
(b) it is clear to the determining authority that the applicant will be granted refugee status or subsidiary protection status provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law.
6. Applicants and, where they have been appointed, their representatives and their legal advisers shall have access to the report or transcripts referred to in paragraph 1 as soon as possible after the interview and in any case in due time before the determining authority takes a decision.
Access to the recording shall also be provided in the appeal procedure.
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 17(1) | Article 14(1) |
| Article 17(2) | Article 14(2) |
| Article 17(3), first subparagraph | Article 14(3) and (4) |
| Article 17(3), second subparagraph | Article 14(5) |
| Article 17(4) | Article 14(4) |
| Article 17(5), first subparagraph | Article 14(6), first subparagraph |
| Article 17(5), second subparagraph | Article 14(5), second subparagraph |
| Article 17(5), third subparagraph | — |