Preparation and submission of take charge requests
1. Take charge requests shall be made using a standard form in accordance with the model in Annex II.
In cases referred to in Article 84(2) of Regulation (EU) 2024/1351, the take charge request shall be made using a standard form in accordance with the model set out in Annex XII.
The request shall include full and detailed reasons, based on all circumstances of the case and include the following:
(a)
a copy of all the proof and circumstantial evidence showing that the requested Member State is responsible for examining the application for international protection, accompanied, where appropriate, by comments on the circumstances in which it was obtained and the evidentiary value attributed to the circumstantial evidence by the requesting Member State, with reference to the list of proof and circumstantial evidence referred to in Article 40(4) of Regulation (EU) 2024/1351, which are set out in Annex I to this Regulation;
(b)
where necessary, a copy of any written declarations made by or statements taken from the applicant, and any other documentation or information relevant for justifying the request, such as a copy of the template referred to in Article 22(1) of Regulation (EU) 2024/1351, photographs and biometric data taken in accordance with Regulation (EU) 2024/1358.
When take charge requests concerning the members of the same family are made simultaneously, they shall be made using the same standard form.
2. Where the request is based on a hit transmitted by Eurodac in accordance with Article 27(4) of Regulation (EU) 2024/1358 following a comparison of the applicant's biometric data with biometric data previously taken in accordance with Article 13 of that Regulation and checked, where applicable, in accordance with Article 38(4) of that Regulation, it shall include the hit result, as well as all data transmitted together with the hit with the exception of biometric data.
3. Where the request is based on a hit transmitted by the Visa Information System (‘VIS’) in accordance with Article 21 or 22j of Regulation (EC) No 767/2008 of the European Parliament and of the Council ( 8 ) following a comparison of the fingerprints of the applicant for international protection with fingerprint data previously taken and sent to the VIS in accordance with Article 9 of that Regulation and checked in accordance with Article 21 of that Regulation, it shall also include the data supplied by the VIS.
4. Where the request is based on Article 25 to 28 or 34 of Regulation (EU) 2024/1351, any formal proof, such as original documentary evidence and DNA testing, shall not be required where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility.
Acceptance of a take charge request
The acceptance of a take charge request shall be submitted using the same standard form that was used for submitting the request. Where the requested Member State accepts responsibility, the reply shall include, among others, that information specifying the applicable provision of Regulation (EU) 2024/1351, and it shall include practical details and relevant information concerning the transfer.
Rejection of a take charge request
1. Where the requested Member State considers that the evidence submitted does not establish its responsibility, the rejection shall be given using the section designated for that purpose in the same standard form that was used for submitting the request. The requested Member State shall state substantiated reasons for the rejection in accordance with Article 40(8) of Regulation (EU) 2024/1351 and include relevant proof and circumstantial evidence, where available, supporting the substantiated reasons.
2. Where the requesting Member State considers that such a rejection is based on a misappraisal, or where it has additional evidence to put forward, it may ask for its request to be re-examined. That option shall be exercised within three weeks following receipt of the rejection. The requested Member State shall endeavour to reply within two weeks. The expiry of the two-week time limit brings to an end the re-examination procedure, whether the requested Member State has, or has not, replied within that period.
Failure by the notified Member State to react within the time limits set out in the first subparagraph shall not be tantamount to confirming the request.
The first subparagraph shall not extend the time limits laid down in Article 40(1) and (7) of Regulation (EU) 2024/1351.
Dependent persons
1. Where the applicant is present on the territory of a Member State other than the one where the child, sibling or parent on whose assistance the applicant is dependent or who is dependent on the applicant’s assistance is present, the standard form set out in Annex VII shall be used for consultations between the two Member States and for requests for information concerning:
(a)
the existence of family links between the applicant and the child, sibling or parent;
(b)
the dependency link between the applicant and the child, sibling or parent;
(c)
the capacity of the person concerned to take care of the dependent person;
(d)
where necessary, the inability to travel for a significant period of time.
A copy of available documentary evidence substantiating the dependency, in particular medical certificates, and relevant information supplied by the persons concerned, as well as the written confirmation by the applicant or the child, the sibling or parent of their capacity and desire to take care of the dependent person, shall be included in that standard form.
2. The requested Member State shall endeavour to reply within two weeks from the receipt of the request for information. Where compelling evidence indicates that further investigations would lead to more accurate information, the requested Member State shall inform the requesting Member State that two additional weeks are needed.
3. The request for information pursuant to paragraph 1 of this Article shall be carried out ensuring full compliance with the deadlines set out in Article 39(1) and Article 40(1) of Regulation (EU) 2024/1351.
The first subparagraph shall not affect the application of Article 51(5) of Regulation (EU) 2024/1351.
Unaccompanied minors
1. The Member State with which an application for international protection was registered by an unaccompanied minor shall, after holding the personal interview pursuant to Article 22 of Regulation (EU) 2024/1351, search for and take into account any information provided by the minor, in particular in the template referred to in paragraph 1 of that Article, or coming from any other credible source familiar with the personal situation or the route followed by the minor or a member of his or her family, sibling or relative.
2. Where the Member State carrying out the process of determining the Member State responsible for examining the application of an unaccompanied minor is in possession of information that makes it possible to start identifying and locating a member of the family, sibling or relative, that Member State shall consult other Member States, as appropriate, and exchange information, relevant for:
(a)
the identification of family members, siblings or relatives of the unaccompanied minor, present on the territory of the Member States;
(b)
the existence of proven family links;
(c)
the capacity of a relative to take care of the unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State.
3. Where the exchange of information referred to in paragraph 2 indicates that more family members, siblings or relatives are present in another Member State or Member States, the Member State where the unaccompanied minor is present shall cooperate with the relevant Member State or Member States, in order to determine the most appropriate person to whom the minor is to be entrusted, and in particular to establish:
(a)
the strength of the family links between the minor and the different persons identified on the territories of the Member States;
(b)
the capacity and availability of the persons concerned to take care of the minor;
(c)
the best interests of the minor in each case.
4. The standard form set out in Annex VII shall be used for the consultation and, as appropriate, the exchange of information between Member States for the purpose of the identification of family members, siblings or relatives of an unaccompanied minor.
The requested Member State shall endeavour to reply within two weeks from the receipt of the request. Where compelling evidence indicates that further investigations would lead to more relevant information, the requested Member State shall inform the requesting Member State that two additional weeks are needed.
5. The request for information pursuant to paragraph 2 of this Article shall be carried out ensuring full compliance with the deadlines set out in Article 39(1) and Article 40(1) of Regulation (EU) 2024/1351. The first subparagraph shall not affect the application of Article 51(5) of Regulation (EU) 2024/1351.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
