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AMMR:
Article 18 – Consequences of non-compliance

1. Provided that the applicant has been informed of his or her obligations and the consequences of non-compliance therewith in accordance with Article 11(1), point (b), of Regulation (EU) 2024/1356Screening Regulation or Article 5(1) and 21 of Directive (EU) 2024/1346Reception Directive, the applicant shall not be entitled to the reception conditions set out in Articles 17 to 20 of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 17(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible.

The first subparagraph shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the CharterThe Charter of Fundamental Rights of the European Union, and international obligations.

2. Elements and information relevant for determining the Member State responsible submitted after expiry of the time limit shall be taken into account only if they provide evidence that is decisive for the correct application of this Regulation, in particular regarding unaccompanied minors and family reunification.

3. Paragraph 1 shall not apply where the applicant is not in the Member State where he or she is required to be present and the competent authorities of the Member State in which the applicant is present have reasonable grounds to believe that the applicant might have been subjected to any of the offences referred to in Articles 2 and 3 of Directive 2011/36/EUAnti-Trafficking Directive of the European Parliament and of the Council (39) .

4. When applying this Article, Member States shall take into account the individual circumstances of the applicant, including any real risk of violations of fundamental rights in the Member State where the applicant is required to be present. Any measures taken by the Member States shall be proportionate.


39. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). ↩︎


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Categories: Articles Key words: Member State Responsible

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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