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1. Where a Member State issues a residence document to the applicant, decides to apply Article 35, considers that it is not in the best interests of the child to transfer an unaccompanied minor to the Member State responsible, or does not transfer the person concerned to the Member State responsible within the time limits set out in Article 46, that Member State shall become the Member State responsible and the obligations laid down in Article 36 shall be transferred to that Member State. Where applicable, it shall inform the Member State previously responsible, the Member State conducting a procedure for determining the Member State responsible or the Member State that has been requested to take charge of the applicant or that has received a take back notification, using the electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003. The Member State that becomes responsible pursuant to the first subparagraph of this paragraph shall indicate that it has become the Member State responsible pursuant to Article 16(3) of Regulation (EU) 2024/1358.

2. Following an examination of an application in the border procedure pursuant to Regulation (EU) 2024/1348, the obligations laid down in Article 36(1) of this Regulation shall cease 15 months after a decision rejecting an application as inadmissible, unfounded or manifestly unfounded with regard to refugee status or subsidiary protection status or a decision declaring an application as implicitly or explicitly withdrawn has become final. An application registered after the period referred to in the first subparagraph shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.

3. Notwithstanding the first subparagraph of paragraph 2 of this Article, where the person applies for international protection in another Member State within the period of 15 months referred to in that subparagraph and a take back procedure is pending at the date of expiration of that period of 15 months, responsibility shall not cease until that take back procedure is completed or the time limits for the transferring Member State to carry out the transfer in accordance with Article 46 have expired.

4. The obligations laid down in Article 36(1) of this Regulation shall cease where the Member State responsible establishes, on the basis of data recorded and stored in accordance with Regulation (EU) 2017/2226 or other evidence, that the person concerned has left the territory of the Member States for at least nine months, unless the person concerned is in possession of a valid residence document issued by the Member State responsible. An application registered after the period of absence referred to in the first subparagraph shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.

5. The obligation laid down in Article 36(1), point (b), of this Regulation to take back a third-country national or a stateless person shall cease where it is established, on the basis of the update of the data set referred to in Article 16(2), point (d), of Regulation (EU) 2024/1358, that the person concerned has left the territory of the Member States, on either a compulsory or a voluntary basis, in compliance with a return decision or removal order issued following the withdrawal or rejection of the application. An application registered after an effective removal or voluntary return has taken place shall be regarded as a new application for the purposes of this Regulation, thereby giving rise to a new procedure for determining the Member State responsible.