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Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  36

CELEX:  32024R1351

Obligations of the Member State responsible
1. The Member State responsible under this Regulation shall be obliged to:
(a) take charge, under the conditions laid down in Articles 39, 40 and 46, of an applicant whose application was registered in a different Member State;
(b) take back, under the conditions laid down in Articles 41 and 46 of this Regulation, an applicant or a third-country national or a stateless person in relation to whom that Member State has been indicated as the Member State responsible under Article 16(1) of Regulation (EU) 2024/1358;
(c) take back, under the conditions laid down in Articles 41 and 46 of this Regulation, an admitted person who has made an application for international protection or who is irregularly staying in a Member State other than the Member State which accepted to admit him or her in accordance with Regulation (EU) 2024/1350, or which granted international protection or humanitarian status under a national resettlement scheme.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  36

CELEX:  32024R1351

2. For the purposes of this Regulation, it shall not be possible to separate the situation of a minor who is accompanying the applicant and meets the definition of family member from that of his or her family member and the minor shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, without the need for a written consent by the person concerned, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same shall apply to children born after the arrival of the applicant on the territory of the Member States, without the need to initiate a new procedure for taking charge of them. Notwithstanding the requirement for written consent provided for in Article 26, where a new procedure for taking charge of a minor is initiated with regard to a Member State which is indicated as the Member State responsible pursuant to Article 26, no written consent shall be required by the persons concerned, unless it is demonstrated that the transfer to the Member State responsible is not in the best interests of the child.
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013

article  36

CELEX:  32024R1351

3. In the situations referred to in paragraph 1, points (a) and (b), of this Article the Member State responsible shall examine or complete the examination of the application for international protection in accordance with Regulation (EU) 2024/1348.