Answer given by Ms Johansson on behalf of the European Commission

4.10.2021

Article 10(3)(b) of Directive 2013/32/EU[1] refers to information from various sources, such as the European Asylum Support Office and the United Nations Refugee Agency, on countries of origin and of transit. It provides that this information should be made available to the personnel responsible for taking decisions on applications for international protection. Article 12(1)(d) of Directive 2013/32/EU provides that such information, when taken into account by the deciding authority, should also be accessible to the applicant and his/her legal advisers.

To the extent Opinion 8815/14.05.2021 of the Director of the Asylum Service contains information referred to in Article 10(3)(b) of Directive 2013/32/EU, and the deciding authority takes the opinion into account for the purpose of taking a decision on an application for international protection, it should be made accessible to the applicant and his/her legal advisers.

Under Article 38(2)(c) of the same Directive, applicants should have the possibility to challenge the application of the safe third country concept on the grounds that the third country is not safe in his or her particular circumstances. Notwithstanding the fact that in doing so applicants refer to their particular circumstances, the information taken into consideration by the deciding authority to consider the third country as safe is relevant for the applicant and his/her legal advisers.

• [1] OJ L 180, 29.6.2013, p. 60‐95.