1. The transfer of an applicant or of another person as referred to in Article 36(1), points (b) and (c), from the transferring Member State to the Member State responsible shall be carried out in accordance with the national law of the transferring Member State, after consultation between the Member States concerned, as soon as practically possible and within six months of the acceptance of the take charge request, 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 with suspensive effect in accordance with Article 43(3).
Member States shall prioritise transfers of applicants following the acceptance of requests made on the basis of Articles 25 to 28 and 34.
Where the transfer is carried out for the purposes of relocation, the transfer shall take place within the time limit set out in Article 67(11).
If transfers to the Member State responsible are carried out by supervised departure or under escort, Member States shall ensure that they are carried out in a humane manner and in compliance with and with full respect for human dignity and other fundamental rights.
If necessary, the transferring Member State shall supply the person concerned with a laissez-passer. The Commission shall, by means of implementing acts, establish the design of the laissez-passer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
The Member State responsible shall inform the transferring Member State, as appropriate, of the safe arrival of the person concerned or of the fact that he or she did not appear within the set time limit.
2. Where the transfer does not take place within the time limit set out in paragraph 1, first subparagraph, the Member State responsible 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. That time limit may be extended up to a maximum of one year if the transfer could not be carried out due to the imprisonment of the person concerned or up to a maximum of three years from when the requesting Member State informed the Member State responsible that the person concerned, or a family member to be transferred together with the person concerned, has absconded, is physically resisting the transfer, is intentionally making himself or herself unfit for the transfer, or is not complying with medical requirements for the transfer.
Where the person concerned becomes available to the authorities again and the time remaining from the period referred to in paragraph 1 is less than three months, the transferring Member State shall have a period of three months to carry out the transfer.
3. Where a person has been transferred erroneously or a decision to transfer is overturned on appeal or review after the transfer has been carried out, the Member State which carried out the transfer shall promptly accept that person back.
4. The Commission shall, by means of implementing acts, establish uniform methods for the consultation and exchange of information between Member States for the purposes of this Article, in particular in the event of postponed or delayed transfers, transfers following acceptance by default, transfers of minors or dependent persons, and supervised transfers. 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 29 | Article 46 |