1. If the Member State referred to in Article 38(1) considers that another Member State is responsible for examining the application, it shall, immediately and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant. Member States shall prioritise requests made on the basis of Articles 25 to 28 and 34.
Notwithstanding the first subparagraph of this paragraph, in the case of a Eurodac hit with data recorded pursuant to Articles 22 and 24 of or of a hit with data recorded pursuant to Article 21 of , the request to take charge shall be sent within one month of receiving such hit.
Where the request to take charge of an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with the Member State where the application was registered.
Where the applicant is an unaccompanied minor, the determining Member State shall, at any time before a first decision regarding the substance is taken, where it considers that it is in the best interests of the child, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant, in particular if the request is based on Article 26, 27 or 34, notwithstanding the expiry of the time limits laid down in the first and second subparagraphs of this paragraph.
2. The requesting Member State may request an urgent reply where the application for international protection was registered after a decision to refuse entry or a return decision was issued.
The request shall state the reasons that warrant an urgent reply and the period within which a reply is requested. That period shall be at least one week.
3. The take charge request shall include full and detailed reasons, based on all the circumstances of the case including the relevant elements from the applicant’s statement, relating to the relevant criteria set out in Chapter II and, where applicable, the template referred to in Article 22(1). It shall be submitted using a standard form and include proof or circumstantial evidence as described in the lists referred to in Article 40(4or any other documentation or information relevant for justifying the request, enabling the authorities of the requested Member State to check whether that Member State is responsible on the basis of the criteria laid down in this Regulation.
The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of take charge requests. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Correlation table
| Regulation (EU) No 604/2013 | This Regulation |
| Article 21 | Article 39 |