Preparation and submission of a take back notification
1. Take back notifications shall be made using a standard form in accordance with the model in Annex III.
When take back notifications concerning the members of the same family are made simultaneously, they shall be made in the same form.
2. A take back notification based on a situation referred to in Article 36(1), point (b), of Regulation (EU) 2024/1351 shall include the hit transmitted by Eurodac in accordance with Article 27(4) of Regulation (EU) 2024/1358 and the data transmitted together with that hit with the exception of biometric data, including the indication of the Member State responsible referred to in Article 17(2), point (a), of Regulation (EU) 2024/1358.
The notification shall also include, where available:
(a)
all other hits transmitted by Eurodac in accordance with Article 27(4) of Regulation (EU) 2024/1358 and the data transmitted together with those hits with the exception of biometric data;
(b)
a copy or copies of any proof and circumstantial evidence indicating a possible cessation of responsibilities of the notified Member State pursuant to Article 37 of Regulation (EU) 2024/1351.
3. A notification based on a situation referred to in Article 36(1), point (c), of Regulation (EU) 2024/1351 shall include the hit transmitted by Eurodac in accordance with Article 27(4) of Regulation (EU) 2024/1358 showing that the data of the person concerned was registered in Eurodac by the notified Member State in accordance with either Article 18(2) or 20 of Regulation (EU) 2024/1358 and the data transmitted together with the hit with exception of biometric data.
Where the notification concerns a person admitted between 11 June 2024 and 11 June 2026, the notification shall include a copy of the proof and circumstantial evidence showing that the notified Member State has accepted to admit the person concerned in accordance with Regulation (EU) 2024/1350 of the European Parliament and of the Council ( 9 ) , or granted international protection or humanitarian status under a national resettlement scheme, 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.
The notification shall also include, where available, the information referred to in paragraph 2, second subparagraph, points (a) and (b), of this Article.
4. A notification based on a situation referred to in Article 38(4), first subparagraph of Regulation (EU) 2024/1351 shall include the hit transmitted by Eurodac in accordance with Article 27(4) of Regulation (EU) 2024/1358 showing that the notified Member State is the determining Member State, and the data transmitted together with the hit with the exception of biometric data.
The notification shall also include, where available, the information referred to in paragraph 2, second subparagraph, points (a) and (b), of this Article.
5. A notification based on a situation referred to in Article 38(5) of Regulation (EU) 2024/1351 shall include the hit transmitted by Eurodac in accordance with Article 27(4) of Regulation (EU) 2024/1358, as well as the data transmitted together with the hit, with exception of biometric data, including the indication of the Member State of relocation referred to in Article 17(2), point (b), of Regulation (EU) 2024/1358. The notification shall also include, where available, the information referred to in paragraph 2, second subparagraph, points (a) and (b), of this Article.
6. Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 38 of Regulation (EU) 2024/1358 or where no fingerprints are available for comparison, and comparisons of facial images are not yet applicable in accordance with Article 63(5) of that Regulation, and where the notification concerns an unaccompanied minor who is under the age of six, the notification shall include proof and circumstantial evidence or relevant elements from the statements of the person concerned referred to in Article 41(2) showing that the notified Member State is obliged to take back the applicant or other person as referred to in Article 36(1), points (b) or (c), of Regulation (EU) 2024/1351.
Preparation and submission of a take back notification in relation to applications for international protection where the responsibility has been determined in accordance with Regulation (EU) 604/2013 and the Member State responsible is not yet indicated in Eurodac
Where the responsibility has been determined in accordance with Regulation (EU) 604/2013 and the Member State responsible is not yet indicated in Eurodac, the notification shall include the positive hit transmitted by Eurodac in accordance with Article 27(4) of Regulation (EU) 2024/1358, all data transmitted together with the hit, with the exception of biometric data, as well as a copy of all the proof and circumstantial evidence showing that the notified Member State is responsible.
The notification shall also include, where available, the information referred to in Article 12(2), second subparagraph, points (a) and (b).
Confirmation of a take back notification
1. The confirmation of a take back notification shall be transmitted using the same standard form referred to in Article 12(1).
The confirmation shall include practical details and relevant information concerning the transfer.
2. The confirmation of the notification based on Article 13 of this Regulation shall include confirmation that the responsibility is indicated in Eurodac in accordance with, as applicable, either Article 37(1), second subparagraph, or Article 38(3), first subparagraph of Regulation (EU) 2024/1351.
Non-confirmation of a take back notification due to cessation of responsibilities
1. The non-confirmation of a take back notification shall be made using the standard form referred to in Article 12(1).
2. Where the non-confirmation is based on the cessation of responsibilities pursuant to Article 37(1) of Regulation (EU) 2024/1351, it shall include evidence showing the cessation and a confirmation that the shift of responsibility is indicated in Eurodac in accordance with Article 37(1), second subparagraph of that Regulation.
The evidence referred to in the first subparagraph and confirmation of the indication of the shift of responsibility in Eurodac shall be included in the new take back notification which shall be sent to the Member State to which the responsibility has shifted.
3. Where the non-confirmation is based on the cessation of responsibilities pursuant to Article 37(2), (4) or (5) of Regulation (EU) 2024/1351, it shall include evidence showing the cessation.
Where the notifying Member State considers that the non-confirmation on the basis of Article 37(2), (4) or (5) of Regulation (EU) 2024/1351 is based on a misappraisal by the notified Member State, or where the notifying Member State has additional evidence to demonstrate that the responsibility has not ceased, it may request the reconsideration of the notification. That request shall be submitted within two weeks following the non-confirmation of the take back notification. The notified Member State shall endeavour to either confirm the notification or maintain its non-confirmation within two weeks from the receipt of that request. The expiry of the two-week time limit brings the reconsideration procedure to an end, whether the notified Member State has, or has not, confirmed the notification within that period. Failure by the notified Member State to react within the time limits set out in this paragraph shall not be tantamount to confirming the notification.
4. Where the notification sent in accordance with Article 12(6) is not confirmed and the notifying Member State considers that the non-confirmation is based on a misappraisal by the notified Member State, or where the notifying Member State has additional evidence to demonstrate that the responsibility has not ceased, the notifying Member State may request a reconsideration of the notification. That request shall be submitted within two weeks following receipt of the non-confirmation of the take back notification. The notified Member State shall endeavour to either confirm the notification or maintain its non-confirmation within two weeks from the receipt of that request. The expiry of the two-week time limit brings the reconsideration procedure to an end, whether the notified Member State has, or has not, confirmed the notification within that period. Failure by the notified Member State to react within the time limits set out in this paragraph shall not be tantamount to confirming the notification.
Non-confirmation of a take back notification due to the incorrect indication of the Member State responsible in Eurodac
1. The non-confirmation of a take back notification based on the incorrect indication of the Member State responsible in Eurodac shall be made using the standard form referred to in Article 12(1).
That non-confirmation shall include a confirmation by the notified Member State that the Member State that inserted the incorrect indication in Eurodac has been informed thereof in accordance with Article 40(5) of Regulation (EU) 2024/1358. Where available, it shall also include proof of the rectification of the indication in Eurodac.
2. The new take back notification made to the Member State responsible shall contain the information referred to in paragraph 1, second subparagraph.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
