1. Where a border procedure is applied, decisions may be taken on the following:
(a) the inadmissibility of an application in accordance with Article 38;
(b) the merits of an application where any of the circumstances referred to in Article 42(1), points (a) to (g) and (j), and Article 42(3), point (b), apply.
2. Where the number of applicants exceeds the number referred to in Article 47(1) and for the purpose of determining whom to subject to a border procedure pursuant to Article 42(1), point (c), (f) or (j), or Article 42(3), point (b), priority shall be given to the following categories of applications:
(a) applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who, in the event of a negative decision, have a higher prospect of being returned, as applicable, to their country of origin, to their country of former habitual residence, to a safe third country or to a first country of asylum, within the meaning of this Regulation;
(b) applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are considered, on serious grounds, to pose a danger to the national security or public order of a Member State;
(c) without prejudice to point (b), applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are not minors and their family members.
3. Where the border procedure is applied to minors and their family members, priority shall be given to the examination of their applications.
Member States may also give priority to the examination of applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who, in the event of a negative decision, have a higher prospect of being returned, as applicable, to their country of origin, to their country of former habitual residence, to a safe third country or to a first country of asylum, within the meaning of this Regulation.
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 43 | Articles 43 to 54 |