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AMMR:
Article 38 – Start of the procedure

1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) 2024/1348Procedures Regulation or, where applicable, the Member State of relocation shall start the procedure for determining the Member State responsible without delay.

2. If the applicant absconds, the Member State where an application is first registered or, where applicable, the Member State of relocation shall continue the procedure for determining the Member State responsible.

3. The Member State which has conducted the procedure for determining the Member State responsible, or which has become responsible pursuant to Article 16(4) of this Regulation, shall without delay indicate in Eurodac pursuant to Article 16(1) of Regulation (EU) 2024/1358Eurodac Regulation:

(a) its responsibility pursuant to Article 16(2);

(b) its responsibility pursuant to Article 16(3);

(c) its responsibility pursuant to Article 16(4);

(d) its responsibility due to its failure to comply with the time limits laid down in Article 39;

(e) the responsibility of the Member State which has accepted a request to take charge of the applicant pursuant to Article 40.

(f) its responsibility pursuant to Article 68(3).

Until such information has been added, the procedures in paragraph 4 of this Article shall apply.

4. An applicant who is present in another Member State without a residence document, or who in that Member State makes an application for international protection during the procedure for determining the Member State responsible, shall be taken back by the determining Member State under the conditions laid down in Articles 41 and 46.

That obligation shall cease where the determining Member State establishes that the applicant has obtained a residence document from another Member State.

5. An applicant who is present in a Member State without a residence document, or who in that Member State makes an application for international protection, after another Member State has confirmed that the person concerned is to be relocated pursuant to Article 67(9), and before the transfer has been carried out to the Member State of relocation pursuant to Article 67(11), shall be taken back by that Member State under the conditions laid down in Articles 41 and 46. That obligation shall cease where the Member State of relocation establishes that the applicant has obtained a residence document from another Member State.


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Correlation table

Regulation (EU) No 604/2013This Regulation
Article 20Article 38
Categories: Articles Key words: Absconding, Member State Responsible, Relocation

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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