STANDARD FORM FOR THE SUBMISSION OF A TAKE CHARGE REQUEST
ANNEX IISupplementary provisions
ANNEX II STANDARD FORM FOR THE SUBMISSION OF A TAKE CHARGE REQUEST Part I (to be filled in by the requesting Member State [1] ) * All fields are mandatory to be filled in unless they are explicitly designated as optional. The form cannot be saved and sent if all mandatory fields are not filled in. Total number of persons covered by the current form: … (to be selected from a drop down menu ) Link with other cases: YES/NO (if YES is selected, a field will be activated to add the reference number of the transmission of the linked case and a field with free text up to 1 000 characters will be activated to fill in other relevant information) … REQUESTS … (the name of the requesting Member State to be generated automatically) (the name of the requested Member State to be selected from a drop out menu) TO TAKE CHARGE OF THE FOLLOWING APPLICANT: Date of registration of the application in the requesting Member State: … (to be selected from a calendar) File number in the requesting Member State: … ( optional: to be typed ) File number in the requested Member State: … ( optional: to be typed by the requested Member State ) Eurodac number of the requesting Member State… ( to be typed ) Eurodac number of the requested Member State… ( to be typed ) Surname: … ( to be typed) Forename… ( to be typed) Name at birth…( optional: if different from above to be typed) Aliases…( optional: if applicable to be typed) Sex: …( to be selected from a drop out menu) Nationality: … ( to be selected from a drop out menu + stateless persons + other) Other nationalities: … ( optional: to be selected from a drop out menu + other) Date of birth: … (to be selected from a calendar) Place of birth (country, region, town): … (to be typed) Marital status: … (to be selected from a drop our menu; if MARRIED OR UNMARRIED PARTNER IN A STABLE RELATIONSHIP is selected from the drop down menu, additional fields will be activated to indicate the place of residence of the spouse or the applicant’s partner if known) Identity or travel document: YES/NO If YES is selected, a new field will be activated to fill in the number and the type of the document. If the person has more than one identity document or travel document, information should be provided for all of them. … (type and number, the three-letter code of the issuing country and the expiry date of the document to be typed) THE TAKE CHARGE REQUEST SUBJECT TO THE CURRENT TRANSMISSION IS BASED ON : (one option only to be selected) Article 25 of Regulation (EU) 2024/1351: unaccompanied minor (if selected, the following fields will be activated; more than one options are possible to be selected): • Template provided for in Article 22(1), third subparagraph of Regulation (EU) 2024/1351 is attached YES/NO • Standard form for identification of family members under Article 23(7) of Regulation (EU) 2024/1351 and Article 11(4) of this Regulation is attached YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters • Proof and circumstantial evidence attached: (a) For the legal presence of the family member, relative or sibling of the unaccompanied minor at the territory of the requested Member State: — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO (b) For the appraisal of the relationship: — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO Article 26 of Regulation (EU) 2024/1351: family members who legally reside in a Member State • Template provided for in Article 22(1), third subparagraph of Regulation (EU) 2024/1351 is attached YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters • Proof and circumstantial evidence attached: (a) For the legal presence of the family member of the applicant at the territory of the requested Member State: — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO (b) For the appraisal of the relationship — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO Article 27 of Regulation (EU) 2024/1351: family members who are applicants for international protection • Template provided for in Article 22(1), third subparagraph of Regulation (EU) 2024/1351 is attached YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters • Proof and circumstantial evidence attached: (a) For the presence/identification of the family member of the applicant in the territory of the requested Member State: — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO (b) For the appraisal of the relationship: — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO Article 28 of Regulation (EU) 2024/1351: family procedure • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 29(1) of Regulation (EU) 2024/1351: valid residence document • Proof YES/NO If YES is selected, the following field will be activated: • The person is in possession of original documents: YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 29(2) of Regulation (EU) 2024/1351: valid visa • Proof YES/NO If YES is selected, the following field will be activated: • The person is in possession of original documents: YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 29(4) of Regulation (EU) 2024/1351: expired, annulled, revoked or withdrawn residence document • Proof YES/NO If YES is selected, the following field will be activated: • The person is in possession of original documents: YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 29(4) of Regulation (EU) 2024/1351: expired annulled, revoked or withdrawn visa • Proof YES/NO If YES is selected, the following field will be activated: • The person is in possession of original documents: YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a filed for free text to be activated – maximum 1 000 characters Article 30 of Regulation (EU) 2024/1351: diplomas or other qualifications • Proof YES/NO If YES is selected, the following field will be activated: • The person is in possession of original documents: YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article of 31 Regulation (EU) 2024/1351: visa-waived entry • Proof YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 32 of Regulation (EU) 2024/1351: application in an international transit area of an airport • Proof YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 33(1) of Regulation (EU) 2024/1351: entry • Proof YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 33(2) of Regulation (EU) 2024/1351: disembarkation following a search and rescue operation • Proof YES/NO • Circumstantial evidence YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters Article 34 of Regulation (EU) 2024/1351: dependent persons • Template provided for in Article 22(1), third subparagraph of Regulation (EU) 2024/1351 is attached YES/NO • Other relevant information – if selected, a field for free text to be activated – maximum 1 000 characters • Proof and circumstantial evidence attached: (a) For the legal presence of the relative of the applicant at the territory of the requested Member State: — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO (b) For the appraisal of the relationship (dependency link under Article 34(3) of Regulation (EU) 2024/1351): — Proof: YES/NO If YES is selected, the following field will be activated: — The person is in possession of original documents: YES/NO — Circumstantial evidence: YES/NO Article 35(2) of Regulation (EU) 2024/1351: discretionary clauses • Relevant information – if selected, a field for free text to be activated – maximum 1 000 characters THE REQUESTING MEMBER STATE IS MAKING A REQUEST FOR AN URGENT REPLY WHERE THE APPLICATION FOR INTERNATIONAL PROTECTION WAS REGISTERED AFTER A DECISION TO REFUSE ENTRY OR A RETURN DECISION WAS ISSUED IN ACCORDANCE WITH ARTICLE 39 (2) REGULATION (EU) 2024/1351 YES/NO ( if YES is selected, it will activate the following fields ): • Reasons that warrant an urgent reply – if selected, a field for free text to be activated – maximum 1 000 characters • Period within which a reply is requested – to be selected from calendar (minimum one week) THE APPLICATION IS MANDATORILY EXAMINED UNDER ASYLUM BORDER PROCEDURE IN ACCORDANCE WITH ARTICLE 45 REGULATION (EU) 2024/1348: YES/NO (if YES is selected, it will activate the following fields): Ground for the mandatory application of asylum border procedure: • Article 42(1), point (c), of Regulation (EU) 2024/1348 • Article 42(1), point (j), of Regulation (EU) 2024/1348 (when one of the two grounds is selected, a new field will be activated below it introducing free text (maximum 500 characters) to provide further information about the exact circumstances justifying the mandatory application of the asylum border procedure) Date of registration of the application: … (to be selected from a calendar): THE APPLICANT IS DETAINED IN ACCORDANCE WITH ARTICLE 44(2) REGULATION (EU) 2024/1351: YES/NO If YES is selected, the following field will be activated • Date of detention – to be selected from a calendar THE APPLICANT HAS FAMILY MEMBER(S) WHO IS/ARE ALSO SUBJECT TO THIS TAKE CHARGE REQUEST: YES/NO ( if YES is selected, the fields below will be activated; in addition to the fields below, the requesting Member State shall fill in for all family members the relevant personal information and any other information requested under Part I if YES is selected, all fields that become available shall be filled in for every family member included in the current form ) FAMILY MEMBER 1: Family relation (to be selected from a menu) OPTIONAL: proof of the family link (if applicable) (to be attached – max size of file) ADD MORE FAMILY MEMBERS *note that the overall size of the file(s) should not exceed the maximum size that could be exchanged via DubliNet Part II (to be filled in by the requested Member State) o ACCEPT If ACCEPT is selected, the following fields are activated ACCEPTANCE ON THE BASIS OF THE FOLLOWING PROVISION OF Regulation (EU) 2024/1351: • Article 25 of Regulation (EU) 2024/1351: unaccompanied minor • Article 26 of Regulation (EU) 2024/1351: family members who legally reside in a Member State If this field is selected, written consent of the person concerned should be attached to the form. • Article 27 of Regulation (EU) 2024/1351: family members who are applicants for international protection • If this field is selected, written consent of the person concerned should be attached to the form. • Article 29(1) of Regulation (EU) 2024/1351: valid residence document • Article 29(2) of Regulation (EU) 2024/1351: valid visa • Article 29(4) of Regulation (EU) 2024/1351: expired, annulled, revoked or withdrawn residence document • Article 29(4) of Regulation (EU) 2024/1351: expired, annulled, revoked or withdrawn visa • Article 30 Regulation (EU) 2024/1351: diplomas or other qualifications • Article 31 Regulation (EU) 2024/1351: visa-waived entry • Article 32 Regulation (EU) 2024/1351: application in an international transit area of an airport • Article 33(1) Regulation (EU) 2024/1351: entry • Article 33(2) Regulation (EU) 2024/1351: Disembarkation following a search and rescue operation • Article 34 Regulation (EU) 2024/1351: dependent persons • Article 35(2) Regulation (EU) 2024/1351: discretionary clauses The person has been informed about his/her obligations under Article 17(4) of Regulation (EU) 2024/1351 and the consequences of non-compliance set out in Article 18(1) of Regulation (EU) 2024/1351 and Article 21 of Directive (EU) 2024/1346: YES/NO INFORMATION ABOUT THE POSSIBILITIES TO CARRY OUT THE TRANSFER: General information to be provided about the possibilities to proceed with the transfer. Free text to be filled in. Maximum size 1 500 characters. DATE OF THE ACCEPTANCE: … to be generated automatically o REJECT If REJECT is selected, a field will be activated with a maximum of 3 000 characters to provide substantiated reasons, based on all the circumstances of the case in accordance with Article 40(8) of Regulation (EU) 2024/1351 relating to the relevant criteria on which the take charge request was based as well as proof and circumstantial evidence where available supporting the substantiated reasons. The rejection cannot be based on the mere fact that no formal proof was attached to the take charge request. For the rejections on requests sent on the basis of Articles 25, 26,27 and 34 of Regulation (EU) 2024/1351, detailed information should be provided in the free text on the exact reasons for not accepting the provided circumstantial evidence by addressing all the circumstantial evidence individually. For the cases where the rejection of a request based on Articles 25, 26, 27 and 34 of Regulation (EU) 2024/1351 is motivated due to the impossibility to identify the family member of the applicant subject to the take charge request, detailed information shall be provided on the actions performed in relation to the tracing and identification of the family member concerned. DATE OF THE REJECTION: … to be generated automatically Part III (to be filled in by both Member States) This part can be activated only by the requesting Member State. Activate – YES if YES is selected, the fields below will appear REQUEST FOR RE-EXAMINATION: (if selected, a field for free text will be activated up to 2 000 characters to provide new information relevant for the case) ACCEPT FOLLOWING RE-EXAMINATION: (if selected, all fields described in Part II under the ACCEPT will be activated here also) REJECT FOLLOWING RE-EXAMINATION (if selected, the requested Member State shall provide detailed information substantiating the rejection regarding the new information presented by the requested Member State; the rules and instructions as described in Part II under the REJECT apply here mutatis mutandis) ADDITIONAL INFORMATION BY THE REQUESTING MEMBER STATE: o The person has challenged the transfer decision and suspensive effect has been granted ( if selected, a field for free text up to 500 characters will be activated to provide additional information ) o The person concerned or a family member to be transferred with the person concerned has absconded ( if selected, the fields below will be activated ): — Date of absconding: … (date to be selected from a calendar) — Extended timeline for the transfer: … (date to be selected from a calendar) o The person does not comply with the transfer decision — Extended timeline for the transfer: … (date to be selected from a calendar) o The person is imprisoned — Extended timeline for the transfer: … (date to selected from a calendar) o The requesting Member State has become responsible ( if selected, the fields below will be activated ): — Indication of the responsibility in Eurodac pursuant to Article 16(3) of Regulation 2024/1358 and Article 37(1) of Regulation 2024/1351: YES (to be selected) — Reason: — The transfer has not been carried out within the time limit set out in Article 46(1) of Regulation (EU) 2024/1351 — The transfer has not been carried out within the time limits set out in Article 46 (2) of Regulation (EU) 2024/1351 — The transfer cannot be carried out pursuant to Article 16(3) of Regulation (EU) 2024/1351 and no other Member State can be designated as responsible — The transfer is not in the best interest of the child (Article 25(5) of Regulation (EU) 2024/1351) — The transfer decision was challenged in accordance with Article 43 of Regulation (EU) 2024/1351 and the appeal was successful — Discretionary clause under Article 35 of Regulation (EU) 2024/1351 was applied by the requesting Member State — A residence document was issued to the person by the requesting Member State ADDITIONAL INFORMATION BY THE REQUESTED MEMBER STATE: o Update the information about the possibilities to carry out the transfer: General information to be provided about the possibilities to proceed with the transfer. Free text to be filled in. Maximum size 1 500 characters. [1] With the exception of the information about the file number of the requested Member State Part IV (to be filled in by requested Member States) This part is optional. It can be activated only by the requested Member State. Activate – YES if YES is selected, the fields below will appear A transfer is no longer necessary as the person is identified at the territory of the requested Member State : YES Date of the reporting of the person to the authorities in the requested Member State: … (date to selected from a calenda r) Additional information: YES/NO ( If YES is selected, a field for free text up to 1 000 will be activated allowing to describe any other relevant information) ONLY IF the standard form is about a family: All family members subject to this transmission are identified at the territory of the requested Member State: YES/NO ( If NO is selected, a field for free text up to 2 000 will be activated allowing to describe the available information) Other relevant information: YES/NO ( If YES is selected, a field for free text up to 2 000 will be activated allowing to describe the available information)