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AMMR:
Article 42 – Notification of a transfer decision

1. The determining Member State whose take charge request as regards the applicant referred to in Article 36(1), point (a), has been accepted or that made a take back notification as regards persons referred to in Article 36(1), point (b) and (c), shall take a transfer decision within two weeks of the acceptance or confirmation.

2. Where the requested or notified Member State accepts to take charge of an applicant or confirms to take back a person referred to in Article 36(1), point (b) or (c), the transferring Member State shall notify the person concerned of the decision to transfer him or her to the Member State responsible in writing, in plain language and without delay as well as, where applicable, of the fact that it will not examine his or her application for international protection, the time limits for carrying out the transfer and the obligation to comply with the decision pursuant to Article 17(5).

3. Where a legal adviser or other counsellor, admitted or permitted as such under national law, is legally representing the person concerned, Member States may notify the decision referred to in paragraph 1 to such legal adviser or counsellor instead of to the person concerned and, where applicable, communicate the decision to the person concerned.

4. The decision referred to in paragraph 1 of this Article shall also include information on the legal remedies available pursuant to Article 43, including on the right to apply for suspensive effect, and on the time limits applicable for seeking such remedies and for carrying out the transfer, and shall, if necessary, contain information on the place where, and the date on which, the person concerned is required to appear, if that person is travelling to the Member State responsible by his or her own means.

Member States shall ensure that information on persons or entities that are able to provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1, unless that information has already been communicated.

5. Where the person concerned is not legally represented by a legal adviser or other counsellor, admitted or permitted as such under national law, Member States shall provide him or her with information on the main elements of the decision, which shall include information on the legal remedies available and the time limits applicable for seeking such remedies, in a language that the person concerned understands or is reasonably supposed to understand.


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Correlation table

Regulation (EU) No 604/2013This Regulation
Article 26Article 42
Categories: Articles Key words: Transfer

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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