1. The competent authorities shall individually assess whether the applicant is in need of special procedural guarantees, with the assistance of an interpreter, where needed. That assessment may be integrated into existing national procedures or into the assessment referred to in Article 25 of and need not take the form of an administrative procedure. Where required by national law, the assessment may be made available, and the results of the assessment may be transmitted, to the determining authority, subject to the applicant’s consent.
2. The assessment referred to in paragraph 1 shall be initiated as early as possible after an application is made by identifying whether an applicant presents first indications that he or she might require special procedural guarantees. That identification shall be based on visible signs, the applicant’s statements or behaviour, or any relevant documents. In the case of minors, statements of the parents, of the adult responsible for him or her whether by the law or practice of the Member State concerned or of the representative of the applicant shall also be taken into account. The competent authorities shall, when registering the application, include information on any such first indications in the applicant’s file, and they shall make that information available to the determining authority.
3. The assessment referred to in paragraph 1 shall be continued after the application is lodged, taking into account any information in the applicant’s file.
The assessment referred to in paragraph 1 shall be concluded as soon as possible and, in any event, within 30 days. It shall be reviewed in the event of any relevant changes in the applicant’s circumstances or where the need for special procedural guarantees becomes apparent after the assessment has been completed.
4. The competent authority may refer the applicant, subject to his or her prior consent, to the appropriate medical practitioner or psychologist or to another professional for advice on the applicant’s need for special procedural guarantees, prioritising cases where there are indications that applicants might have been victims of torture, rape or another serious form of psychological, physical, sexual or gender-based violence and that that could adversely affect their ability to participate effectively in the procedure. Where the applicant consents to be referred in accordance with this subparagraph, such consent shall be deemed to include consent to the transmission of the results of the referral to the competent authority.
The advice provided pursuant to the first subparagraph shall be taken into account by the determining authority when deciding on the type of special procedural guarantees which can be provided to the applicant.
Where applicable and without prejudice to the medical examination, the assessment referred to in paragraph 1 may be integrated with the medical examinations referred to in Articles 24 and 25.
5. The relevant staff of the competent authorities and any medical practitioner, psychologist or other professional giving advice on the need for special procedural guarantees shall receive training to enable them to detect signs of vulnerability on the part of an applicant who might need special procedural guarantees and address those needs when identified.
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 24(1) | Article 20(1) |
| Article 24(2) | Article 20(1) |
| — | Article 20(2), (4) and (5) |
| — | Article 20(3), first subparagraph |
| Article 24(4) | Article 20(3), second subparagraph |