1.The Member State authority should ensure the confidentiality of cases under Dublin procedure.

1.1Staff at the competent authority are aware of national laws and regulations concerning the confidentiality of the Dublin procedure.

1.2The databases and case filing systems in each Member State are secure and maintained in accordance with relevant law.

1.3All information regarding individual applicants and/or non-applicants is exchanged only through DubliNet between the competent authorities.

1.4Member States do not share information from the case with persons unauthorised to know such information.

1.5Interviews with the person concerned are conducted in sufficiently equipped separate rooms that ensure the confidentiality of what is being said during the interview.

 2.The person concerned is provided with all relevant procedural information and, in particular, the relevant leaflet upon lodging an application in a Member State.

2.1The Member State authority conveys the information in a clear and non-technical way and in a language the person concerned understands or is reasonably supposed to understand. The competent authority ensures that the person concerned understands the information given.

2.2Information is provided by taking into account the special needs and individual circumstances of the person concerned.

2.3The Member State authority gives the person concerned the information on the Dublin III Regulation in the relevant leaflet.

 3.The personal Dublin interview must be conducted in a language that the person concerned understands or is reasonably supposed to understand.

3.1The Member State authority has access to qualified interpreters for all common languages.

3.2The person concerned is asked whether they understand the interpreter during the personal interview. If the answer is negative despite all preparatory efforts, appropriate measures are taken to resolve the issue.

 4.The Member State authority ensures that the person concerned understands the questions asked and the information given during the personal interview.

4.1At the opening of the interview, the purpose and the context of the interview are explained to the person concerned.

4.2The person concerned is asked whether they comprehend the questions and information given during the interview.

4.3During the interview, the person concerned is given the opportunity to provide explanations for inconsistencies, contradictions and/or missing elements.

4.4After the interview, the person concerned is informed and afforded the opportunity to rectify any mistakes and to correct any statements if required. These corrections are documented.

4.5A written summary of the interview is provided to the person concerned and/or the legal representative after the interview.

 5.The Member State authority ensures that it is possible for the person concerned to present relevant information in their case during the Dublin procedure and that they are informed about their right to do so.

5.1The person concerned is given general information about when and where to send documents and information regarding their case.

5.2The person concerned is able to present to the competent authority any claims and supporting evidence, including medical opinions, for consideration.

5.3The Member State authority has a procedure in place so that a case officer is notified of any new information in the case.

 6.If new information comes to light during the Dublin procedure, this information, if relevant, should be taken into account by the Member State authority at the appropriate step in the procedure.

6.1The Member State authority has a process in place guaranteeing that the person concerned or other person (e.g. the representative) or organisation can submit new information or changes in circumstances during the course of the case.

6.2The competent authority has, as far as is possible, a dedicated case officer assigned to the case and a process of active case management in place.

 7.The Member State authority that encounters possible Dublin cases has the appropriate means to identify a Dublin case.

7.1The Member State authority has access to Eurodac as well as to other relevant databases , and, where access is allowed, to VIS, for identifying a possible Dublin case.

7.2A dedicated unit or authority within every Member State authority is assigned as responsible for Dublin cases and the Dublin procedure, permitting that Dublin cases can be referred to this authority.

 8.Staff at the Member State authority who encounter possible Dublin cases have sufficient knowledge about the Dublin III Regulation and are able to identify a potential Dublin case and refer it on for further assessment.

8.1Staff at the competent authority who first encounter a possible Dublin case have awareness of the Dublin III Regulation and basic level of understanding of what indications to look for when assessing whether the Dublin III Regulation is applicable.

8.2The staff at the competent authority who first encounter a possible Dublin case know who to contact for more information or in order to initiate a possible Dublin procedure, preferably the authority in charge of the Dublin procedure.

8.3Once a Dublin case is identified, an established procedure is in place for referring the case to the authority in charge of conducting the Dublin procedure.

8.4Cases falling under the Dublin III Regulation are referred to the authority in charge of conducting the Dublin procedure as quickly as possible.

 9.When an asylum application is lodged, the fingerprints of the applicant must be registered as category 1 as soon as possible and within 72 hours. In case of irregular entry, the fingerprint must be registered as category 2 within 72 hours of the apprehension.

9.1A competent authority within every Member State has convenient access to sufficient devices for taking fingerprints and comparing them in the Eurodac database shortly after the lodging of the asylum application or the irregular entry. These devices should be located nearby to where the asylum application is lodged or nearby the point of detection of the irregular entry.

9.2The results from the databases should be available to the national authority in charge of conducting the Dublin procedure shortly after conducting the search.

10.If the Member State authority in charge decides to conduct a Eurodac search of a non-applicant (a category 3 search) and the search result indicates that the Dublin III Regulation is applicable, the case should be referred to the Member State authority responsible for the Dublin procedure.

10.1The staff at the national authority conducting the category 3 search have basic knowledge about the Dublin III Regulation and know where to refer the case for further Dublin procedure.

11.The Eurodac search results should include all available information from Eurodac, such as previous irregular border crossing(s), previous application(s), or whether a Member State granted international protection, or the applicant was transferred to another Member State or whether the discretionary clause has been applied by another Member State.

11.1The Member State authority uses a systematic layout of the results, enabling them to immediately read all available information from Eurodac.

11.2The information from Eurodac should be clear and easy to interpret for all Member States when included in a take back / take charge request.

12.The Member State authority should regularly update the information in the Eurodac database in accordance with the Eurodac II Regulation. After a transfer, the Member State authority should enter the following information into the Eurodac database: any application of the discretionary clause, expulsion, granting of international protection, the issuance of a residence document, whether the person left the territory of the Member States, whether they acquired citizenship, and/or whether the international protection status was revoked or ended or the renewal of the status was refused.

12.1.a:The Member State authority has an automated system in place that allows the Member State to transfer information from the national case filing system to the Eurodac database.

OR

12.1 b:If the Member State authority lacks an automated system for transferring relevant information from the national file to the Eurodac database, responsible staff at national level have knowledge about what information should be transferred to the Eurodac database and the authorities have the means to transfer the relevant information manually to the database.

13.Where access is allowed, the Member State authority should conduct a search in the VIS database to establish whether the person concerned has been granted a visa by another Member State.

13.1.The Member State authority, where access is allowed under EU law, has access to the VIS database in order to identify Dublin cases, and regards it as a source of information.

13.2.The staff at the Member State authority identifying a Dublin case are aware of visas granted as a possible ground for making a take back / take charge request.

14.As part of the information gathering process, the competent authority should be aware of the importance and take into account all relevant documents submitted by the person concerned at every stage of an ongoing procedure as an identifier of a Dublin case.

14.1.The staff at the Member State authority coming across the document(s) have sufficient knowledge about the Dublin III Regulation and know where to refer the case for appropriate action under the Dublin III Regulation.

14.2.The competent authority has a procedure and expertise in place for checking authenticity of documents.

15.If a document obtained at any stage of an ongoing procedure indicates that the Dublin III Regulation is applicable, the case should be referred to the authority responsible for conducting the Dublin procedure.

15.1.The staff at the Member State authority coming across the document have sufficient knowledge about the Dublin III Regulation and are able to make a basic assessment of the relevance of the document to the Regulation.

15.2.The staff at the competent authority coming across the document know where to refer the case for appropriate action under the Dublin III Regulation.

16.The personal interview shall be conducted before issuing a transfer decision, unless they have absconded or all relevant information was already provided by the person concerned.

16.1.The Member State authority allocates sufficient means in order to conduct the interview.

16.2.The Member State authority has an established procedure for scheduling interviews, allowing for prioritising Dublin interviews with regard to the given time limits.

17.The case officer undertakes a careful revision and studies the information regarding the case file before conducting the personal interview.

17.1.The case file is available to the case officer with sufficient time before the interview to allow for appropriate preparation.

17.2.Preparation takes into account all the elements that could help determining the Member State responsible.

18.The personal interview should cover all aspects of the Dublin III Regulation relevant to the applicant and the Dublin procedure.

18.1.The personal interview is conducted using a standardised interview protocol to ensure that all the aspects relevant for both the applicant and the Dublin procedure are covered.

18.2.Questions relating to family or relatives on the territory of the Member States, dependants, and travel route are asked in an interview.

18.3.The standardised interview protocol ensures that the Dublin indicators not available via searches in the databases (Eurodac, VIS) are covered during the interview.

18.4.The staff conducting the personal interview are properly trained and have sufficient knowledge of the Dublin III Regulation in order to know when to ask follow-up questions from the standardised protocol.

19.An information request is made only in accordance with Article 6(5), 16(4) and Article 34 Dublin III Regulation. The Member State authority should ensure that they have sufficient grounds for making the request and that the respective time limits are observed.

19.1.The competent authority uses the standard form in place in order to request the information in a timely and sufficient manner.

19.2.The case officers are able to identify and apply the sufficient grounds for sending information requests.

19.3.In case of sending information requests in accordance with Articles 6(5) and 16(4) Dublin III Regulation, the competent authority involves the relevant actors e.g. child, protection services etc. in family tracing.

20.The Member State authority should reply to a request for information as soon as possible but at the latest within five weeks. The reply should be in accordance with Article 6(5), 16(4) and Article 34 Dublin III Regulation.

20.1.The competent authority has a template or standard form in place in order to ensure that the correct information is given in a timely and efficient manner.

20.2.The Member State authority has a case management system and/or countdown calendar in place to calculate time limits and flag approaching deadlines.

20.3.Staff members replying to the request of information have adequate access to all relevant databases needed for answering.

20.4.The format of the reply should be sent in attachment as a closed document that cannot be edited later.

20.5.The case officers are able to identify and apply the sufficient grounds for replying to information requests.

20.6.In case of replying to requests in accordance with Articles 6(5) and 16(4) the national authorities involve the relevant actors e.g. child protection services, etc. regarding family tracing.

21.To expedite secure, fast and reliable communications between Member States, information requests must be sent via DubliNet and in a language commonly understood by the competent authorities in both Member States.

21.1.Designated officials have access to the DubliNet system in order for the requests to be sent.

21.2.Designated officials are instructed on the use of said system and are able to operate it.

21.3.The language of communication used between the Member States is agreed to lessen any confusion, linguistic misunderstandings or a need for translations that might delay the process.

21.4.Case officers ensure a proof of delivery of all messages that are sent via DubliNet is obtained and recorded.

22.The competent authority tasked with assessing responsibility has the necessary resources, is aware of its responsibilities, and its case officers are sufficiently trained and acquainted with the hierarchy of criteria used for determining responsibility and the applicable time limits.

22.1.A work process and procedure are in place for applying the hierarchy of the Dublin responsibility assessment criteria in a sequential way.

22.2.The competent authority checks for additional information relevant to the determination of responsibility.

22.3.Where information on assessing responsibility is incomplete or clarification is needed and another Member State may hold useful information, the competent authority raises an Article 34 Dublin III Regulation enquiry with the Member State(s) concerned.

23.The Member State authority ensures that the case file is complete with all the evidence required to make an assessment of responsibility in accordance with the hierarchy of criteria set out in the Dublin III Regulation.

23.1.Case officers have an overview of all the relevant information gathered in an individual case, including any representations from the applicant, and apply the determining criteria of Chapter III accordingly.

23.2.The case officer uses the information at hand to identify the most probable Member State responsible.

23.3.Case officers document, as far as is possible, their assessment of the case at hand.

24.Evidence that may lead to the application of the criteria in Articles 8, 10 or 16, should be allowed and should be considered by the requesting Member State before another Member State accepted the take back / take charge request.

24.1.The Member State authority has a process in place guaranteeing that the person concerned, or other relevant actors on behalf of the person concerned, can submit new information or changes in circumstances during the course of the case.

24.2.The competent authority has, as far as is possible, a dedicated case officer assigned to the case and a process of active case management in place.

25.The Member State authority ensures that the take back / take charge request is made as quickly as possible to the Member State that is most likely to be responsible. In any event, the request is made in accordance with the time limits permitted in the relevant articles of the regulation.

25.1.The Member State authority has a case management system and/or countdown calendar in place to calculate time limits and flag approaching deadlines.

25.2.Requests for urgent replies to other Member States are clearly marked as such along with the reasons why.

26.The take back / take charge request should be made on the standard forms and include proof or circumstantial evidence (^{17As described in the two lists mentioned in Article 22(3) Dublin II Regulation.}) together with as much other relevant information as possible to allow the requested state to fully assess whether it is responsible.

26.1.The case officers have access to the different standard model forms provided.

26.2.The case officers are instructed on the uniform use of said standard model forms.

26.3.The case officers include in their request as much information as necessary.

26.4.The case officers include, whenever available, all means of proof available or, by lack thereof, means of circumstantial evidence.

27.To expedite secure, fast and reliable communications between Member States, requests are sent via DubliNet and in a language commonly understood by the competent authorities in both Member States.

27.1.Dedicated officials have access to the DubliNet system in order for the requests to be sent.

27.2.Dedicated officials are instructed on the use of said system and are able to operate it.

27.3.The language of communication used between the Member States is agreed to lessen any confusion, linguistic misunderstandings or a need for translations that might delay the process.

27.4.Case officers ensure a proof of delivery of all messages that are sent via DubliNet is obtained and recorded.

27.5.Messages (including requests) between Member States concerning the individual application of the Dublin Regulation are always sent via the encrypted DubliNet electronic communications system.

27.6.The competent authority uses the appropriate standard form, provided by the Commission, for making the request.

28.The requested Member State must reply to the take back / take charge request within the time limits set out.

28.1.The Member State authority has a case management system and/or countdown calendar in place to calculate time limits and flag approaching deadlines.

28.2.The case management system is able to prioritise various deadlines and to flag pleads for urgency.

29.The requested Member State should ensure that the reply is clear and unambiguous in respect of the person concerned and the positive or negative nature of the reply.

29.1.The competent authority has a template or standard form in place.

29.2.The format of the reply is a closed document that cannot be edited later.

29.3.The reply includes the personal data of the person concerned registered in the requested Member State.

30.To expedite secure, fast and reliable communications between Member States, replies are sent via DubliNet and in a language commonly understood by the competent authorities in both Member States.

30.1.Dedicated officials have access to DubliNet in order for the replies to be sent.

30.2.Dedicated officials are instructed on the use of said system and are able to operate it.

30.3.The language of communication used between Member States is agreed to lessen any confusion, linguistic misunderstandings or a need for translations that might delay the process.

30.4.Caseworkers ensure a proof of delivery of all messages that are sent via DubliNet, is obtained and recorded.

30.5.Messages (including replies) between Member States concerning the individual application of the Dublin III Regulation are always sent via the encrypted DubliNet.

31.The Member State authority ensures that the relevant article is referred to and that the practical details regarding the transfer are included in the reply.

31.1.The competent authority has a template or standard form in place to use for sending a positive reply to a take back / take charge request.

31.2.The reply includes the personal data of the applicant registered in the requested Member State.

31.3.The reply contains the legal basis of the acceptance.

31.4.The preferred place of arrival and the timeframe are indicated in the reply.

32.In case of acceptance by default, the Member States involved should agree on transfer details.

32.1.The requesting Member State initiates consultation with the requested Member State regarding the organisation of the transfer.

32.2.If requested by the requesting Member State, the requested Member State confirms its responsibility in writing and communicates the practical details regarding the transfer as soon as possible.

33.The Member State authority ensures that the rejection contains full and detailed reasoning.

33.1.The competent authority has a template or standard form in place to use for sending a negative reply to a take back / take charge request.

33.2.The reply includes the personal data of the applicant registered in the requested Member State.

33.3.The Member State rejecting the request refers to the legal grounds and any relevant facts upon which the rejection is based.

34.If the requesting Member State disagrees with the rejection of its initial request, that Member State may decide to send a request for re-examination. This option must be exercised within three weeks after the receipt of the negative reply.

34.1.Member States have a case management system and/or count down calendar in place to calculate time limits and flag approaching deadlines.

34.2.The case management system is able to prioritise various deadlines and to flag pleads for urgency.

34.3.The Member State refers to the legal grounds upon which the re-examination request is based.

34.4.If additional proof is available and relevant, the Member State encloses this with its re-examination request.

35.The requested Member State must endeavour to reply to the re-examination request within two weeks (^{18For relevant case-law, see CJEU, judgment of 13 November 2018, joined cases C-47/17 and C-48/17, X and X v Staatssecretaris van Veiligheid en Justitie (EU:C:2018:900).}).

35.1.Member States have a case management system and/or countdown calendar in place to calculate time limits and flag approaching deadlines

35.2.The case management system is able to prioritise various deadlines and to flag pleads for urgency.

35.3.The Member State rejecting the request refers to the legal grounds upon which the rejection is based.

36.For Member State authorities, the best interests of the child should be a primary consideration and should be assessed throughout the Dublin procedure.

36.1.Case officers of the Member State authority are aware of their duties and have the appropriate training to be able to ensure the best interests of the child in the context of maintaining family unity as far as possible.

36.2.Case officers of the Member State authority have timely access to the relevant expertise regarding assessing the capacity of a relative or an adult to take care of a child.

36.3.The Member State authority appoints a qualified representative as soon as possible who acts in the child’s best interests and who can help to ensure the necessary environment of trust for a child to disclose information about their family.

36.4.The competent authority has an established procedure in place to guarantee that the child’s right to participate and have their views heard is respected, and that these views are considered according to their age and maturity.

37.The Member State authority should appoint a representative for the unaccompanied minor as soon as possible.

37.1.The Member State authority has an established procedure to appoint an appropriate representative for the child.

37.2.The pool of qualified representatives is sufficient to ensure the timely appointment of a representative for each unaccompanied child, and to ensure that representatives are not made responsible for too many cases at the same time.

38.The Member State authority must search for and take into account any information provided by the minor or by any other credible source related to presence of family members, siblings and/or relatives on the territory of the Member States, and involve representatives in the tracing. Furthermore, the Member State authority should consult other Member States to identify family members, establish family links and, in case of a relative, assess the capability of that relative to take care of the child.

38.1.The Member State authority has established practices and guidelines in place for assisting case officers in the process of identification of family members, siblings and/or relatives and tracing family links.

38.2.Representatives assisting the child have quick and smooth access to the authority in charge of carrying out the Dublin procedure and are able to submit information or documents regarding family member, sibling or relative of the child in a timely manner.

38.3.The Member State authority makes the appropriate measures and involve representatives to trace family members, siblings and/or relatives of the unaccompanied child on the territory of another Member State as soon as possible.

38.4.The national authorities confirm the family links if the family member, sibling or relative is found in another Member State.

39.Where family members, siblings and/or relatives of the minor are legally present on the territory of another Member State, and none are legally present in the Member State where the minor is currently staying, the Member State concerned should assess whether the restoration of family links is in the best interests of the child.

39.1.The Member State authority has an established procedure in place to consult the relevant authorities or organisations (e.g. child, protection services, etc.) about the possibility of family reunification

39.2.The Member State authority has the appropriate means and procedure in place to collect additional information from the child (e.g. Dublin interview)

39.3.The Member State authority has access to sources to be able to collect information from other persons in a timely manner, if applicable (e.g. siblings, other persons the child travelled with, etc.)

39.4.In order to facilitate the best interests assessment, the competent authority ma kes inquiries about family members, siblings and/or relatives staying in another Member State.

39.5.The Member State authority has the appropriately trained staff and relevant means for initiating the exchange information with other Member States without delay and using the relevant templates of the Implementing Regulation

40.Where no family members or relatives of the minor are found to be legally present on the territory of the Member States, the Member State where the minor is currently staying assesses the best interests of the child nevertheless in order to verify whether it should process the asylum application itself.

40.1.The Member State authority has an established procedure in place to consult the relevant actors (e.g. child, protection services etc.) about the best interests of the child.

40.2.The Member State authority has the appropriate means and procedure in place to collect additional information from the child.

40.3.The Member State authority has access to sources to be able to collect information from other persons in a timely manner, if applicable.

40.4.The Member State authorities have a sufficient number of trained staff and other appropriate and relevant means for initiating the exchange of information with other Member States without delay and using the relevant templates of the Implementing Regulation.

41.Member States authorities should be aware of their particular responsibilities regarding dependent or vulnerable persons.

41.1.The personnel in charge of such cases have received the necessary level of training to fulfil their tasks and responsibilities related to dependency and vulnerability.

41.2.When attention is drawn to dependency or vulnerabilities, the authorities have access to relevant expertise for the purposes of consultation and advice.

42.The Member States assess in each stage of the procedure if evidence concerning dependency is produced up to a point of acceptance and apply Article 16 accordingly.

42.1.The dedicated case officer is able to recognise indications of dependency in the case at hand and undertakes appropriate action.

42.2.The Member State authority has access to relevant expertise in order to assess and verify any documents (such as medical certificates) or convincing information provided.

42.3.The Member State authority sees to it that the persons concerned express their consent in writing.

43.The competent authority is prepared to apply the discretionary clause of Article 17(1) at any stage of the procedure at its own discretion.

43.1.The Member State authority has access to relevant expertise in order to assess and verify any documents or other information provided.

43.2.The Member State authority has the means in place to access the relevant expertise for the assessment of the documents provided.

43.3.Where applicable, the Member State that decides to examine an application pursuant to Article 17(1) becomes the responsible Member State and informs the Member State previously responsible by using DubliNet electronic communication network.

44.The competent authority assesses at any time before a first decision regarding the substance is taken if Article 17(2) could be applied.

44.1.The use of Article 17(2) belongs to the discretion of both Member States.

44.2.If the Member State authorities decide that Article 17(2) could be applied, the Member State authority sees to it that the person concerned expresses consent in writing.

45.Member States refrain from transferring the person concerned if there are substantial grounds for believing that the transfer would result in a real risk of the person concerned suffering inhuman or degrading treatment in the requested Member State. (^{19For relevant case-law, see CJEU judgment of 21 December 2011, joined cases C-411/10 and C-493/10, N.S. and others v Secretary of State for the Home, EU:C:2011:865; CJEU judgment of 16 February 2017, case C-578/16, C.K. and Others v Republika Slovenija, EU:C:2017:127; and ECtHR judgment of 21 January 2011, no 30696/09, M.S.S. v Belgium and Greece, CE:ECHR:2011:0121JUD003069609.})

45.1.The requesting Member State assesses the case for credible evidence of substantial grounds that the applicant would face a real risk of the person concerned suffering inhuman or degrading treatment after transfer.

45.2.Where relevant, the requesting Member State takes into consideration the individual guarantees provided by the requested Member State for the purpose of assessing the likelihood of a real risk of inhuman or degrading treatment.

46.If the Member State on whose territory a person is staying without a residence document decides to search the Eurodac system in accordance with Article 17 Eurodac II Regulation, leading to the identification of another Member State as likely responsible, a request for taking back should be sent within the set time limit.

46.1.Instructions and information are available to the police, border guards, personnel of detention facilities and other first contact officials in order to identify a possible Dublin case.

46.2.The Member State authority has access to Eurodac for identifying a possible Dublin case, as well as to other relevant databases.

46.3.A dedicated unit or authority is assigned as responsible for Dublin cases and the Dublin procedure, permitting that Dublin cases can be referred to this authority.

46.4.The Member State has developed, where necessary, internal guidelines on how the first contact officials can present a case to the competent ‘Dublin’ authorities.

47.The Member State authority shall ensure that all conditions are met in order to issue a transfer decision.

47.1.The determination of responsibility has been correctly examined and finalised by the requesting Member State.

47.2.Adoption and notification (to the applicant) of a transfer decision does not take place before the requested Member State has given its explicit or implicit agreement to the request (^{20CJEU, judgment of 31 May 2018, case C-647/16, Adil Hassan v Préfet du Pas-de-Calais, EU:C:2018:368.}).

47.3.The Member State only issues the transfer decision if all the legal requirements for the transfer decision are met.

48.The Member State authority should ensure that the decision is notified in reasonable time.

48.1. a.If the person concerned does not have a legal advisor, the Member State authority notifies the decision to the person in a language that the applicant understands or is reasonably supposed to understand.

OR

48.1. b.If the person concerned has a legal advisor or other counsellor, the Member State authority may choose to notify the decision to a legal advisor or other counsellor representing the person in accordance with national practice.

48.2.The Member State authority has a case management system or countdown calendar in place to calculate time limits and flag approaching deadlines in order to guarantee that the transfer notification is taking place within the deadline.

49.The person concerned must be made aware of the legal remedies available under Article 27.

49.1.Information about the legal remedies available is provided in the transfer decision.

49.2.Information is provided about the time limits applicable for seeking such remedies and for carrying out the transfer.

49.3.Information is provided about how suspensive effect may be applied in the Member State.

49.4.The notification also contains information on persons or entities that may provide legal assistance to the person concerned when that information has not already been communicated.

50.Member States must provide access to legal assistance and, wherever necessary, to linguistic assistance.

50.1.The Member State authority should ensure that legal assistance is granted on request free of charge when the person concerned cannot afford the costs, except when the appeal or review is considered to have no tangible prospect of success, without arbitrarily restricting access to legal assistance.

50.2.Legal assistance includes at least the preparation of the required procedural documents and representation before the court or tribunal.

50.3.The Member State authority has procedures for access to legal assistance laid down in national law.

51.All information on appeals or review procedures having suspensive effect, and the cessation of that effect, should be communicated as soon as possible to the responsible Member State.

51.1.The requesting Member State is aware of the suspensive effect, if applicable, and when it begins and ends.

51.2.The requesting Member State sends information that the suspensive effect has begun within the initial transfer time limit.

51.3.The requesting Member State sends the information about the end of the suspensive effect as soon as the measure has ended.

51.4.The information is sent using DubliNet electronic communication network.

52.In cases of detention in accordance with the Dublin III Regulation, Member States ensure that the time limits for keeping persons detained are strictly followed and that the shortened time limits for sending and replying to requests for transfers are applied.

52.1.Instructions and information related to the Dublin procedure are available to personnel of detention facilities in order that they understand the Dublin procedure and are able to inform detained persons to whom the Dublin III regulation applies.

52.2.The Member State authority has a case management system and/or countdown calendar in place to calculate time limits and flag approaching deadlines.

52.3.The case management system is able to prioritise the deadlines and to flag urgent cases such as when the person concerned is detained.

52.4.When sending a request for transfer in a case where the person concerned is detained in accordance with Article 28 Dublin III Regulation, the requesting Member State informs the requested Member State about the person concerned being detained and the urgency of the case.

53.Before sending a transfer notification to the responsible Member State, the sending Member State shall make all necessary arrangements so that the transfer can proceed smoothly.

53.1.The Member State authority has a case management system and/or countdown calendar in place to calculate time limits and flag approaching deadlines.

53.2.The Member State authority has an established procedure in place to manage transfers and checks whether all prerequisites are met.

53.3.Where special needs are identified, including special health needs, these are included in the notification to the requested Member State in a timely manner.

53.4.All personal documents of the applicant, where available, are transferred by the sending Member State to the responsible Member State at the time of the transfer. In case of documents that were not sent at the time of the transfer, the sending of documents is agreed between the two Member States at a later stage.

54.Member States should take into consideration the arrival times and places as well as particular dates on which transfers cannot take place for national reasons.

54.1.Member States keep information on arrival times and places up-to-date and communicate this information in the most efficient way.

54.2.The sending Member State does not arrange transfers on ‘closed dates’.

55.The timeframe for sending the transfer notification should be three working days.

55.1.The Member State authority has a case management system and/or countdown calendar in place to calculate time limits and flag approaching deadlines.

55.2.The competent authority has, as far as possible, a dedicated case officer assigned to the case and a process of active case management in place.

55.3.Member States can agree to amend the three-day timeframe in order to put in place the practical aspects of the transfer.

56.All personal information related to transfers must be sent using DubliNet, unless the correspondence concerns the practical arrangements for transfers, time and place of arrival.

56.1.The information that is shared through DubliNet is only handled by the National Access Points of the respective national Dublin Units.

56.2.Dedicated officials have access to the DubliNet system in order for the replies to be sent.

56.3.Dedicated officials are instructed on the use of said system and are able to operate it.

56.4.Case officers ensure a proof of delivery of all messages that are sent via DubliNet is obtained and recorded.

56.5.Messages (including replies) between Member States concerning the individual application of the Dublin III Regulation are always sent via the encrypted DubliNet electronic communications system.

56.6.The Member State authority has other alternative secure means of communication in place, such as a functional e-mail address, for practical arrangements for transfers, time and place of arrival, to be used in the most urgent cases.

57.According to the principles of family unity and the best interests of the child, members of a family should be transferred together as far as is possible.

57.1.In case a child is born between the acceptance and the transfer, Member States include in the form all information regarding the child along with a birth certificate or other documents providing information about the birth.

57.2.Member States are flexible in organising the transfer in the interests of keeping the family together, especially when they are at different stages in the Dublin procedure.

58.In all communication regarding cases of delays, cancellations or postponements, the Member States involved shall show flexibility to rearrange the transfer.

58.1.The sending Member State informs the receiving Member State without delay. The Member States agree on the new transfer timeframe, especially for transfers that need special arrangements (e.g. persons with special needs).

58.2.The communication shall be done through the DubliNet electronic communication network.

58.3.The competent authority has, as far as possible, a dedicated case officer (who has access to DubliNet) assigned to the case and a process of active case management in place.

59.In the event of an erroneous transfer, on becoming aware of the situation the Member State must immediately notify the other Member State and arrange the transfer back by mutual agreement.

59.1.The Member States involved in an erroneous transfer exchange all relevant information about the case without delay.

59.2.The communication is done through the DubliNet electronic communication network.

60.The Member State authority must mark the information about a successful transfer in Eurodac as soon as possible after the arrival.

60.1.The Member State authority has a procedure in place to monitor arrivals on their territory relating to a preceding Dublin transfer request.

60.2.The Member State authority has an established procedure in place designating the necessary tasks to staff authorised to fulfil the obligations arising from Article 10 Eurodac II Regulation.

61.In case of transfers organised by the applicant or other actors without the involvement of competent authorities, Member States should endeavour to ensure that the conditions of the voluntary transfer conform to those of the national regular departure procedures.

61.1.The applicant is instructed to inform the competent authority of the sending Member State of the details of his or her travel arrangements.

61.2.The responsible Member State is informed about the voluntary nature of the transfer.

61.3.After the transfer has been arranged, the sending Member State provides the applicant with travel documents, if applicable.

61.4.Member States use the standard form (Annex VI) to communicate details about the transfer.

61.5.Member States do not apply voluntary transfers for cases that raise special considerations (e.g. security concerns).

61.6.The receiving Member State informs the sending Member State via DubliNet about the successful transfer or of the fact that the applicant did not appear within the set time limit.

62.In case of voluntary transfers, the receiving Member State shall inform the sending Member State of successful transfers or of the fact that the applicant did not appear within the set time limit.

62.1.The Member State authority has a procedure in place to monitor arrivals on their territory relating to a preceding Dublin transfer request.

62.2.The receiving Member State informs the sending Member State of the successful transfer through DubliNet electronic communication network.