Geography Reference
In-Depth Information
4.69
Article 10(4) of Commission Regulation (EC) No 607/2009 provides that
where a trans-border application involves at least one Member State and at least
one third country, the preliminary national procedure referred to in Art 38 of
Regulation (EC) No 479/2008 applies in all the Member States concerned.
The application shall be forwarded to the Commission by one of the Member
States or third countries or by one of the third-country applicant groups and
shall include:
(a) the elements proving that the conditions laid down in Arts 34 and 35 of Regulation
(EC) No 479/2008 are fulfilled;
(b) the proof of protection in the third countries concerned; and
(c) an authorisation as referred to in paragraph 2 from each of the other Member States
or third countries concerned.
4.70
Article 10(5) of Commission Regulation (EC) No 607/2009 provides that the
Member State, third countries or groups of producers established in third
countries which forward to the Commission a trans-border application as
referred to in paras 2, 3 and 4 of this Article, become the consignee of any
notification or decision issued by the Commission.
8. Admissibility of application for protection
4.71
Article 11(1) of Commission Regulation (EC) No 607/2009 provides that for
the purposes of determining whether an application for protection is admissi-
ble, the Commission shall verify that the application for registration set out in
Annex I has been completed and that the supporting documents have been
attached to the application.
4.72
Article 11(2) of Commission Regulation (EC) No 607/2009 provides that any
application for registration that is deemed admissible shall be notified to the
Member State or the third country authorities or the applicant established in
the third country in question.
4.73
If the application has not been completed or has only been partially completed,
or if the supporting documents referred to in para 1 have not been produced at
the same time as the application for registration or some are missing, the
Commission shall inform the applicant accordingly and shall invite it to remedy
the deficiencies noted within a period of two months. If the deficiencies are not
remedied before the time limit expires, the Commission shall reject the
application as inadmissible. The decision on inadmissibility shall be notified to
the Member State or the third country authorities or the applicant established
in the third country in question.
