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1. Personal interviews as provided for in Articles 11 and 12 shall be conducted in accordance with the conditions established in this Regulation.

2. Where an application for international protection is lodged in accordance with Article 31, the adult responsible referred to in that provision shall be given the opportunity of a personal interview pursuant to Articles 11 and 12. The applicant shall also be given the opportunity to participate in that interview provided that paragraph 11, point (c), of this Article does not apply.

3. The personal interviews shall be conducted under conditions which ensure appropriate privacy and confidentiality and which allow applicants to present the grounds for their applications in a comprehensive manner.

4. The presence of the applicant’s legal adviser at the personal interview, where the applicant has decided to avail himself or herself of legal assistance in accordance with Section III of this Chapter shall be ensured.

5. An interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interviews. The presence of a cultural mediator may be provided during the personal interviews. Member States shall give preference to interpreters and cultural mediators that have received training, such as training referred to in Article 8(4), point (m), of Regulation (EU) 2021/2303. Member States shall ensure that interpreters and cultural mediators are made aware of the key concepts and terminology relevant to the assessment of applications for international protection, for example through a standard leaflet or a guide. Communication shall take place 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.

6. Personal interviews shall be conducted by the staff of the determining authority. Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to conduct timely personal interviews of each applicant, the determining authority may be assisted temporarily by the staff of other authorities of that Member State who shall receive in advance the relevant training which shall include the elements listed in Article 8 of Regulation (EU) 2021/2303 to conduct such interviews or by the Asylum Agency in accordance with Article 5.

7. The person conducting the interview shall:

(a) be competent to take account of the personal and general circumstances surrounding the application, including the situation prevailing in the applicant’s country of origin, and the applicant’s cultural origin, age, gender, gender identity, sexual orientation, vulnerability and special procedural needs;

(b) not wear a military or law enforcement uniform.

8. Staff interviewing applicants, including experts deployed by the Asylum Agency, shall have:

(a) acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person may have been tortured in the past or a victim of trafficking in human beings;

(b) received, in advance, training that includes relevant elements from those listed in Article 8(4) of Regulation (EU) 2021/2303.

9. Where requested by the applicant and where possible, the determining authority shall ensure that the interviewers and interpreters are of the sex that the applicant prefers, unless it has reasons to consider that such a request does not relate to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.

10. By way of derogation, the determining authority may hold the personal interview by video conference where duly justified by the circumstances. In such a case, the determining authority shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, legal assistance and interpretation taking into account guidance from the Asylum Agency.

11. The admissibility interview or the substantive interview, as applicable, may be omitted where:

(a) the determining authority is able to take a positive decision with regard to the refugee status or the subsidiary protection status on the basis of the evidence available, provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law;

(b) the determining authority considers that the application is not inadmissible on the basis of the evidence available;

(c) the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his or her control;

(d) in the case of a subsequent application, the preliminary examination referred to in Article 55(4) is carried out on the basis of a written statement;

(e) the determining authority considers the application inadmissible pursuant to Article 38(1), point (c). The omission of a personal interview pursuant to point (c) of the first subparagraph shall not adversely affect the decision of the determining authority. Where the personal interview is omitted pursuant to that point, the determining authority shall give the applicant an effective opportunity to submit further information in writing. When in doubt as to the fitness or ability of the applicant to be interviewed, the determining authority shall consult a medical professional to establish whether the applicant is temporarily unfit or unable to be interviewed or whether his or her situation is of an enduring nature. Where, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit or able to be interviewed. Where the applicant is unable to attend the personal interview owing to specific circumstances beyond his or her control, the determining authority shall reschedule the personal interview

12. Applicants shall be present at the personal interview and shall be required to respond in person to the questions asked.

13. An applicant shall be allowed to be assisted by a legal adviser in the personal interview, including when it is held by video conference. The absence of the legal adviser shall not prevent the determining authority from conducting the interview. Member States may stipulate in national law that, where a legal adviser participates in the personal interview, the legal adviser may only intervene at the end of the personal interview.

14. Without prejudice to Articles 11(1) and 12(1) and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on the application for international protection.