1. Where, on account of pregnancy, having a new-born child, serious mental or physical illness, severe disability, severe psychological trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally resident in one of the Member States is dependent on the assistance of the applicant, Member States shall normally keep or bring together the applicant with that child, sibling or parent, provided that family ties existed before the applicant arrived on the territory of the Member States, that the child, sibling or parent or the applicant is able to take care of the dependent person and that, having been informed of this possibility, the persons concerned expressed their desire to that effect in writing.
Where there are indications that a child, sibling or parent is legally resident on the territory of the Member State where the dependent person is present, that Member State shall verify whether the child, sibling or parent can take care of the dependent person, before making a take charge request pursuant to Article 39.
2. Where the child, sibling or parent referred to in paragraph 1 is legally resident in a Member State other than the one where the applicant is present, the Member State responsible shall be the Member State where that child, sibling or parent is legally resident, unless the applicant’s health prevents him or her from travelling to that Member State for a significant period of time. In such a case, the Member State responsible shall be the Member State where the applicant is present. That Member State shall not be subject to the obligation to bring the child, sibling or parent of the applicant to its territory.
3. The Commission is empowered to adopt delegated acts in accordance with Article 78 concerning:
(a) the elements to be taken into account in order to assess the dependency link;
(b) the criteria for establishing the existence of proven family links;
(c) the criteria for assessing the capacity of the person concerned to take care of the dependent person;
(d) the elements to be taken into account in order to assess the inability of the person concerned to travel for a significant period of time.
4. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States for the purposes of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Correlation table
| Regulation (EU) No 604/2013 | This Regulation |
| Article 16 | Article 34 |