Asylum Border Procedure – EU Migration Pact information

Procedures Regulation:
Recital 67

The best interests of the child should be a primary consideration for Member States when applying the provisions of this Regulation that possibly affect minors. In this context, and given the special reception needs of minors, where the border procedure is applied and the number of applicants at a given moment exceeds the number which […]

Procedures Regulation:
Article 52 – Determination of Member State responsible and relocation

1. Where the conditions for the border procedure apply, Member States shall decide to carry out the procedure for determining the Member State responsible for examining the application as laid down in at the locations at which the border procedure will be carried out, without prejudice to the deadlines established in Article 51(2) of this […]

Crisis and Force Majeure Regulation:
Recital 24

In a situation of crisis or force majeure, the Member State facing such a situation should have the possibility to request authorisation to apply derogations from relevant rules on the asylum procedure, including the asylum border procedure. Where relevant, such requests should also include the choice of the Member State concerned as regards the exclusion […]

Procedures Regulation:
Recital 68

The duration of the border procedure for the examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks, including the determination of the Member State responsible. Member States should be […]

Procedures Regulation:
Article 53 – Exceptions to the asylum border procedure

1. The border procedure shall be applied to unaccompanied minors only in the circumstances referred to in Article 42(3), point (b). Where there is doubt as to the applicant’s age, the competent authorities shall promptly carry out an age assessment in accordance with Article 25. 2. Member States shall not apply or shall cease to […]

Crisis and Force Majeure Regulation:
Recital 41

Where derogations from the asylum procedure are applied, the safeguards for applicants with special procedural and special reception needs, including medical conditions, should be a primary consideration for the competent authorities. For that reason, the Member State facing a situation of crisis or force majeure should not apply, or should cease to apply, the derogations […]

Procedures Regulation:
Recital 69

While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the in order to decide on the right of the applicant to enter […]

Procedures Regulation:
Article 54 – Locations for carrying out the asylum border procedure

1. During the examination of applications subject to a border procedure, a Member State shall require, pursuant to Article 9 of and without prejudice to Article 10 thereof, the applicants to reside at or in proximity to the external border or transit zones as a general rule or in other designated locations within its territory, […]

Crisis and Force Majeure Regulation:
Recital 43

When confronted with a situation of crisis or force majeure, it should be possible for the Member State concerned to extend the examination of applications for international protection at the border by six weeks. The extension should not be used in addition to the period referred to in Article 51(2), third subparagraph, of .

Procedures Regulation:
Recital 73

It should be possible for a Member State to which an applicant is transferred in accordance with to examine the application in a border procedure provided that the applicant has not yet been authorised to enter the territory of the Member States concerned and the conditions for the application of such a procedure are met […]