On 12 August 2026, the Spanish Official State Gazette (BOE) published a Resolution of the Technical General Secretariat of the Ministry of the Interior making public a management agreement related to the implementation in Spain of the border asylum procedure established under the new European rules on international protection.
The measure forms part of the implementation of Regulations (EU) 2024/1348 and 2024/1351, two of the regulations forming part of the new European framework on migration and asylum, which became applicable on 12 June 2026.
The agreement has a primarily operational purpose: to ensure that procedural acts and decisions concerning persons subject to the border asylum procedure can be notified in person and as quickly as necessary, taking into account the short time limits applicable to this procedure.
⏺️ The new border asylum procedure
Regulation (EU) 2024/1348 establishes a new border asylum procedure in Articles 43 to 54.
One of its particular features is that persons subject to this procedure must be assigned a mandatory place of residence. Spain has already notified the European Commission of the centres where persons subject to this procedure will be accommodated.
The Resolution also highlights a particularly relevant feature: the border asylum procedure has a maximum duration of twelve weeks from the registration of the application.
This period covers both the administrative decision-making process and, where applicable, any judicial appeal brought against the decision.
Given these short time limits, it is particularly important to ensure that administrative communications and decisions reach applicants quickly and effectively.
⏺️ What does the new management agreement establish?
The power to issue decisions and process applications remains with the competent bodies of the Ministry of the Interior.
The new agreement does not alter this allocation of powers.
What is entrusted to the Directorate-General for Humanitarian Assistance and the International Protection Reception System, which forms part of the Ministry of Inclusion, Social Security and Migration, is exclusively the practical task of carrying out certain notifications.
In particular, it may carry out notifications concerning:
- procedural acts;
- decisions in international protection proceedings;
- decisions relating to the determination of the Member State responsible; and
- requests for re-examination submitted within the framework of the border asylum procedure.
This applies while the person concerned remains in the state-owned centre designated as their place of residence.
The agreement therefore responds primarily to a practical consideration: staff from the Directorate-General for Humanitarian Assistance are present in these centres and can ensure that personal notifications are carried out more quickly.
In any event, the agreement does not entail any transfer of competence to process or decide international protection applications.
⏺️ How will notifications be carried out?
The Resolution regulates in considerable detail the procedure to be followed.
Notifications must be made in person and will be carried out by public officials from the Directorate-General for Humanitarian Assistance and the International Protection Reception System.
Importantly, these functions may not be performed by employees of external organisations contracted to provide services within the international protection reception system or humanitarian assistance programme.
Where necessary, the person concerned may be summoned to designated areas within the centres.
The public official must verify the person’s identity and confirm that it corresponds to the relevant file, provide a copy of the procedural act or decision and record that the notification has been successfully carried out — or, where applicable, that it could not be completed — including information on the date, time and place of notification, the identity of the person notified and the relevant signatures.
The agreement also provides that staff may assist applicants in understanding procedural acts and decisions by providing supplementary oral explanations, where possible and if requested by the person concerned.
⏺️ The importance of notifications in a procedure lasting only twelve weeks
The organisation of notifications is particularly important in the border procedure precisely because of its limited duration.
The maximum twelve-week period covers not only the administrative processing of the application but also any subsequent judicial appeal. Consequently, any delay in communicating a request for information, a hearing or a decision may have significant consequences for the applicant.
The agreement itself states that one of the reasons for assigning these functions to staff present in the centres is precisely the need to ensure personal notification in the shortest possible time, taking into account the short duration of the procedure and the fact that judicial review is included within the same time limit.
⏺️ A further step in implementing the new European asylum system in Spain
The published Resolution represents a relevant measure for the practical implementation of the new system in Spain, as it establishes how notifications of administrative acts and decisions will be organised for persons staying in the designated state-owned centres.
The agreement enters into force upon its publication in the BOE and will have an initial term of four years, with the possibility of an extension for up to a further four years.
At ARC Legal Abogados, we will continue to monitor the implementation in Spain of the new European framework on migration and international protection, as well as the measures adopted for its practical implementation.
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¿Prefieres leer este artículo en español 🇪🇸? Puedes encontrarlo aquí: España adapta el nuevo procedimiento fronterizo de asilo: así se realizarán las notificaciones
The content of this article is provided for informational purposes only and does not constitute legal advice. Spanish immigration regulations are subject to continuous interpretative and administrative changes. At ARC Legal, we make every effort to keep the information up to date and verified against official sources, but we always recommend consulting a specialised professional before starting any procedure or making legal decisions. If you require personalised advice regarding your situation, you can contact our firm.