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Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  23

CELEX:  32024R1351

Guarantees for minors
1. The best interests of the child shall be a primary consideration for Member States with respect to all procedures provided for in this Regulation. Procedures including minors shall be treated with priority.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  23

CELEX:  32024R1351

2. Each Member State where an unaccompanied minor is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the resources, qualifications, training, expertise and independence to ensure that the best interests of the child are taken into consideration during the procedures carried out under this Regulation. The representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors, and shall keep the unaccompanied minor informed about the progress of the procedures under this Regulation. Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that he or she is a minor, and who is unaccompanied, the competent authorities shall:
(a) designate as soon as possible and in any event in a timely manner, and for the purpose of assisting the minor in the procedure for determining the Member State responsible, a person with the necessary skills and expertise to provisionally assist the minor in order to safeguard his or her best interests and general well-being which enables the minor to benefit from the rights under this Regulation and, if applicable, act as a representative until a representative has been appointed;
(b) appoint a representative as soon as possible and no later than fifteen working days from the date on which the application is made. In the case of a disproportionate number of applications made by unaccompanied minors or in other exceptional situations, the time limit for designating a representative pursuant to the second subparagraph, point (b), may be extended by ten working days. Where the competent authority concludes that an applicant who claims to be a minor is without any doubt above the age of eighteen years, it shall not be required to designate a representative in accordance with this paragraph. The duties of the representative or the person referred to in the second subparagraph, point (a), shall cease where the competent authorities, following the age assessment referred to in Article 25(1) of Regulation (EU) 2024/1348, do not assume that the applicant is a minor or consider that the applicant is not a minor, or where the applicant is no longer an unaccompanied minor. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minor. The first subparagraph shall apply to that person. The representative provided for in the first subparagraph may be the same person or organisation as provided for in Article 23 of Regulation (EU) 2024/1348.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  23

CELEX:  32024R1351

3. The Member States shall involve the representative of an unaccompanied minor throughout the entire procedure for determining the Member State responsible under this Regulation. The representative shall assist the unaccompanied minor in providing information relevant to the assessment of the best interests of the child in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose, with due regard to confidentiality obligations towards the minor.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  23

CELEX:  32024R1351

4. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall, in particular, take due account of the following factors:
(a) family reunification possibilities;
(b) the minor’s well-being and social development in the short, medium and long term, including situations of additional vulnerabilities such as trauma, specific health needs or disability, taking into particular consideration the minor’s ethnic, religious, cultural and linguistic background, and having regard to the need for stability and continuity in the social and educational care;
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings;
(d) the views of the minor, in accordance with his or her age and maturity;
(e) where the applicant is an unaccompanied minor, the information provided by the representative in the Member State where the unaccompanied minor is present;
(f) any other reasons relevant to the assessment of the best interests of the child.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  23

CELEX:  32024R1351

5. Before transferring an unaccompanied minor, the transferring Member State shall notify the Member State responsible or the Member State of relocation, which shall confirm that all appropriate measures referred to in Articles 16 and 27 of Directive (EU) 2024/1346 and Article 23 of Regulation (EU) 2024/1348 will be taken without delay, including the appointment of a representative in the Member State responsible or the Member State of relocation. Any decision to transfer an unaccompanied minor shall be preceded by an individual assessment of the best interests of the child. The assessment shall be based on the relevant factors listed in paragraph 4 of this Article and the conclusions of the assessment of those factors shall be clearly stated in the transfer decision. The assessment shall be done without delay by appropriately trained staff with the necessary qualifications and expertise to ensure that the best interests of the child are taken into consideration.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  23

CELEX:  32024R1351

6. For the purpose of applying Article 25, the Member State where the unaccompanied minor’s application for international protection was first registered shall immediately take appropriate action to identify any family members, siblings or relatives of the unaccompanied minor on the territory of Member States, while protecting the best interests of the child. To that end, that Member State may request the assistance of international or other relevant organisations, and may facilitate the minor’s access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 52 who deal with requests concerning unaccompanied minors shall receive appropriate training concerning the specific needs of minors relevant for the application of this Regulation.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  23

CELEX:  32024R1351

7. With a view to facilitating the appropriate action to identify the family members or relatives of an unaccompanied minor living in the territory of another Member State pursuant to paragraph 6 of this Article, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).