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Crisis and Force Majeure Regulation:
Article 12 – Extension of time limits set out for take charge requests, take back notifications and transfers in a situation of crisis referred to in Article 1(4), point (a), or force majeure

1. In a situation of crisis as referred to in Article 1(4), point (a), or force majeure which renders it impossible for a Member State facing such a situation to comply with the time limits set out in Articles 39, 40, 41 and 46 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation or to receive persons for whom it is responsible pursuant to that Regulation, Member States may derogate from the time limits set out in Articles 39, 40, 41 and 46 of that Regulation simultaneously.

2. Where a Member State applies the derogation provided for in paragraph 1 of this Article, it shall:

(a) submit a take charge request as referred to in Article 39 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation within four months of the date on which the application was registered;

(b) reply to a take charge request as referred to in Article 40 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation within two months of receipt of the request;

(c) submit a take back notification as referred to in Article 41 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation within one month of receiving the Eurodac hit or confirm receipt within one month of such notification; and

(d) carry out a transfer as referred to in Article 46(1) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision that has suspensive effect in accordance with Article 43(3) of that Regulation.

3. If the Member State referred to in paragraph 1 does not comply with the time limits set out in paragraph 2, point (a), (b) or (d), of this Article, the responsibility for examining the application for international protection pursuant to Regulation (EU) 2024/1351Asylum And Migration Management Regulation shall lie with it or be transferred to it.

4. Where paragraph 1 of this Article is applied, transfers pursuant to Article 46 of Regulation (EU) 2024/1351Asylum And Migration Management Regulation to the Member State responsible that faces a situation of crisis as referred to in Article 1(4), point (a), of this Regulation or force majeure, shall not be carried out until that Member State is no longer facing that situation, unless, due to the individual circumstances of the applicant, the responsible Member State has agreed to receive the person concerned. If the transfer does not take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision that has suspensive effect in accordance with Article 43(3) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, including due to the persistence of the situation of crisis referred to in Article 1(4), point (a), of this Regulation or force majeure, by way of derogation from Article 46(1) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, the Member State responsible, facing that situation, shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the transferring Member State.


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Categories: Articles Key words: Crisis/Force Majeure, Eurodac, Take Back Notification, Take Charge Request, 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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