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AMMR:
Article 41 – Submitting a take back notification

1. In a situation referred to in Article 36(1), point (b) or (c), the Member State where the person is present shall make a take back notification immediately and in any event within two weeks after receiving the Eurodac hit. Failure to make the take back notification within that time limit shall not affect the obligation of the Member State responsible to take back the person concerned.

2. A take back notification shall be made using a standard form and shall include proof or circumstantial evidence as described in the lists referred to in Article 40(4) or relevant elements from the statements of the person concerned.

3. The notified Member State shall confirm receipt of the notification to the Member State which made the notification within two weeks, unless the notified Member State demonstrates within that time limit that it is not responsible pursuant to Article 37 or that the take back notification is based on an incorrect indication of the Member State responsible pursuant to Regulation (EU) 2024/1358Eurodac Regulation.

4. Failure to act within the two-week period set out in paragraph 3 shall be tantamount to confirming the receipt of the notification.

5. The Commission shall, by means of implementing acts, establish uniform methods for the preparation and submission of take back notifications. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).


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Correlation table

Regulation (EU) No 604/2013This Regulation
Article 23Article 41
Article 24Article 41
Article 25Article 41
Categories: Articles Key words: Take Back Notification

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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