1. The examination to determine whether an application is inadmissible in accordance with Article 38 (1), points (a), (b), (c) and (d), and Article 38(2) shall be concluded as soon as possible and no later than two months from the date on which the application is lodged.
In the case referred to in Article 38(1), point (e), the determining authority shall conclude the examination within ten working days.
The application shall not be deemed to be admissible solely by reason of the fact that no decision on inadmissibility is taken within the time limits set out in this paragraph and in paragraph 2.
2. The determining authority may extend the time limits provided for in the first subparagraph of paragraph 1 by no more than two months where:
(a) a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the admissibility procedure within the set time limits;
(b) complex issues of fact or law are involved;
(c) the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9.
3. The determining authority shall conclude the accelerated examination procedure as soon as possible and no later than three months from the date on which the application is lodged.
4. The determining authority shall ensure that an examination procedure on the merits, provided that it is not an accelerated examination procedure, is concluded as soon as possible and no later than six months from the date on which the application is lodged, without prejudice to an adequate and complete examination.
5. The determining authority may extend the time limit of six months referred to in paragraph 4 by a period of not more than six months where:
(a) a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the procedure within the six-month time limit;
(b) complex issues of fact or law are involved;
(c) the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9.
6. Where an applicant is subject to a transfer procedure as laid down in Article 46 of , the time limit referred to in paragraph 4 of this Article shall start to run from the date on which the application is lodged in accordance with Article 28(2).
7. The determining authority may postpone concluding the examination procedure where it cannot reasonably be expected to decide within the time limits laid down in paragraph 4 due to an uncertain situation in the country of origin which is expected to be temporary. In such cases, the determining authority shall:
(a) conduct reviews of the situation in that country of origin at least every four months;
(b) where available, take into account reviews of the situation in that country of origin carried out by the Asylum Agency;
(c) inform the applicants concerned, in a language which they understand or are reasonably supposed to understand and as soon as possible, of the reasons for the postponement.
The Member State shall inform the Commission and the Asylum Agency as soon as possible of the postponement of procedures for that country of origin. In any event, the determining authority shall conclude the examination procedure within 21 months from the lodging of an application.
8. Member States shall lay down time limits for the conclusion of the examination procedure in cases where a court or tribunal annuls the decision of the determining authority and refers the case back. Those time limits shall be shorter than the time limits set out in this Article.
Correlation table
| Directive 2013/32/EU | This Regulation |
| — | Article 35 |
| — | Article 35(1) |
| — | Article 35(2) |
| — | Article 35(3) |
| Article 31(9) | Article 35(3) |
| Article 31(2) | Article 35(4) |
| Article 31(3), first subparagraph | Article 35(4) |
| Article 31(3), second subparagraph | Article 35(5) |
| Article 31(3), third subparagraph, point (a) | Article 35(5), point (b) |
| Article 31(3), third subparagraph, point (b) | Article 35(5), point (a) |
| Article 31(3), third subparagraph, point (c) | Article 35(5), point (c) |
| Article 31(3), fourth subparagraph | — |
| Article 31(4) | Article 35(7) |
| Article 31(5) | Article 35(7), second subparagraph |
| Article 31(6) | — |