FantasticSearch

1. The requested Member State shall carry out the necessary checks, and shall reply to the request to take charge of an applicant without delay and in any event within one month of receipt of the request. Member States shall prioritise requests made on the basis of Articles 25 to 28 and 34. To that end, the requested Member State may request assistance from national, international or other relevant organisations to verify the relevant elements of proof and circumstantial evidence submitted by the requesting Member State, in particular for the identification and tracing of family members.

2. Notwithstanding paragraph 1, in the case of a Eurodac hit with data recorded pursuant to Articles 22 and 24 of Regulation (EU) 2024/1358 or of a VIS hit with data recorded pursuant to Article 21(2) of Regulation (EC) No 767/2008, the requested Member State shall reply to the request within two weeks of receipt of the request.

3. In the procedure for determining the Member State responsible elements of proof and circumstantial evidence shall be used.

4. The Commission shall, by means of implementing acts, establish, and review periodically, two lists, indicating the relevant elements of proof and circumstantial evidence in accordance with the criteria set out in the second and third subparagraphs of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2). For the purposes of the first subparagraph, proof refers to formal proof which determines responsibility pursuant to this Regulation, provided that it is not refuted by proof to the contrary. The Member States shall provide the Commission with models of the different types of administrative documents, in accordance with the typology established in the list of formal proof. For the purposes of the first subparagraph, circumstantial evidence refers to indicative elements which while being refutable may be sufficient according to the evidentiary value attributed to them. The evidentiary value of circumstantial evidence shall, in relation to the responsibility for examining the application for international protection, be assessed on a case-by-case basis.

5. The requirement of proof and circumstantial evidence shall not exceed what is necessary for the proper application of this Regulation.

6. The requested Member State shall acknowledge its responsibility provided that the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility. Where the request is made on the basis of Articles 25 to 28 and 34, and the requested Member State does not consider that the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility, it shall set out the reasons in the reply referred to in paragraph 8 of this Article.

7. Where the requesting Member State has asked for an urgent reply pursuant to Article 39(2), the requested Member State shall reply within the period requested or, failing that, within two weeks of receipt of the request.

8. Where the requested Member State does not object to the request within the one-month period set out in paragraph 1 of this Article, or where applicable within the two-week period set out in paragraphs 2 and 7 of this Article, by a reply which sets out substantiated reasons, based on all the circumstances of the case relating to the relevant criteria set out in Chapter II, that lack of objection shall be tantamount to accepting the request, and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival. The substantiated reasons shall be supported by proof and circumstantial evidence where available. The Commission shall, by means of implementing acts, draw up a standard form for replies setting out substantiated reasons pursuant to this Article. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 77(2).