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1. In order to facilitate the procedure for determining the Member State responsible, the competent authorities of the determining Member State referred to in Article 38(1) shall conduct a personal interview with the applicant for the purpose of applying Article 39. The interview shall also enable the applicant to properly understand the information received in accordance with Article 19. The competent authorities shall collect information on the specific applicant’s situation by proactively asking questions that would help determine the Member State responsible for the purpose of applying Article 39. Where there are indications that the applicant has family members or relatives in a Member State, the applicant shall receive a template, to be developed by the Asylum Agency. The applicant shall fill that template with the information available to him or her in order to facilitate the application of Article 39. Where possible, the applicant shall complete that template before the personal interview set out in this Article. The Asylum Agency shall develop the template referred to in the third subparagraph of this paragraph by 12 April 2025. The Asylum Agency shall also develop guidelines for the identification and tracing of family members to support the application of Articles 25–28 and 34 by the requesting and the requested Member State in accordance with Articles 39 and 40. The applicant shall have the opportunity to present duly motivated reasons to the competent authorities in order for them to consider applying Article 35(1).

2. The personal interview may be omitted where:

(a) the applicant has absconded;

(b) the applicant has not attended the personal interview and has not provided justified reasons for his or her absence;

(c) the applicant, after having received the information referred to in Article 19, has already provided the information relevant to determine the Member State responsible by other means. For the purposes of the first subparagraph, point (c), of this paragraph, the Member State omitting the interview shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 39(1), including duly motivated reasons for the authority to consider the need for a personal interview.

3. The personal interview shall take place in a timely manner and, in any event, before any take charge request is made pursuant to Article 39.

4. The personal interview shall be conducted in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly. Interviews of unaccompanied and, where applicable, accompanied minors shall be conducted by a person who has the necessary knowledge of the rights and special needs of minors, in a child-sensitive and context-appropriate manner, taking into consideration the age and maturity of the minor, in the presence of the representative and, where applicable, the minor’s legal adviser. Where necessary, an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview shall be provided. The presence of a cultural mediator may be provided during the personal interview. Where requested by the applicant and where possible, the person conducting the interview and, where applicable, the interpreter shall be of the sex that the applicant prefers.

5. Where duly justified by the circumstances, Member States may conduct the personal interview by video conference. In such a case, the Member State shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, legal assistance and interpretation, taking into account guidance from Asylum Agency.

6. The personal interview shall take place under conditions which ensure appropriate confidentiality. It shall be conducted by a person qualified under national law. Applicants who are identified as being in need of special procedural guarantees pursuant to Regulation (EU) 2024/1348, shall be provided with adequate support in order to create the conditions necessary for effectively presenting all elements allowing for the determination of the Member State responsible. Staff interviewing applicants shall also have acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person has been tortured in the past or has been a victim of trafficking in human beings.

7. The Member State conducting the personal interview shall make an audio recording of the interview and make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The applicant shall be informed in advance of the fact that such a recording is being made and the purpose thereof. Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail. The summary may take the form of either a report or a standard form. The Member State shall ensure that the applicant or the legal adviser or other counsellor, admitted or permitted as such under national law, who is legally representing the applicant has timely access to the summary, as soon as possible after the interview and in any event before the competent authorities take a decision on the Member State responsible. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the written summary at the end of the personal interview or within a specified time limit.