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Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)

article  annex_XII

CELEX:  02016R0399-20240710

Part A Procedure for transferring persons apprehended in internal border areas
1. Transfer decisions pursuant to Article 23a(2) shall be issued by means of a standard form, as set out in Part B of this Annex, completed by the competent national authority. They shall take effect immediately.
2. The completed standard form shall be handed to the third-country national concerned, who shall acknowledge receipt of the transfer decision by signing the form and shall be given a copy of the signed form. Where the third-country national refuses to sign the standard form, the competent authority shall indicate this refusal in the form under the section ‘comments’.
3. The national authorities issuing a transfer decision shall record the data on the standard form set out in Part B of this Annex.
4. The national authorities issuing a transfer decision shall inform the Commission yearly on the number of persons transferred to other Member States, indicating the Member State(s) to which the persons were transferred, grounds for finding that those persons had no right to stay in the Member State and, where available, the nationality of the third-country nationals apprehended.
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)

article  annex_XII

CELEX:  02016R0399-20240710

5. Third-country nationals apprehended in border areas and transferred under this procedure shall have the right to appeal. Appeals against the transfer decision shall be conducted in accordance with national law. The third-country nationals shall be provided with an effective remedy in accordance with Article 47 of the Charter. A written indication of contact points able to provide information on representatives competent to act on behalf of the third-country national in accordance with national law shall also be given to the third-country national in a language that they understand or are reasonably supposed to understand. Lodging such an appeal shall not have suspensive effect.
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)

article  annex_XII

CELEX:  02016R0399-20240710

6. The competent national authorities shall ensure that the third-country national subject to a transfer decision is transferred, in the framework of bilateral cooperation as referred to in Article 23a, paragraph 1(a), to the competent authorities of the receiving Member State. The transfer shall take place immediately and within 24 hours at the latest. After that, the transfer procedure cannot take place and the relevant provisions of the Directive 2008/115/EC shall apply where appropriate. The competent national authorities of the receiving Member State shall cooperate with the competent national authorities of the transferring Member State to that end. Part B Standard form for transferring persons apprehended in internal border areas