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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  38

CELEX:  32024R1351

Start of the procedure
1. The Member State where an application for international protection is first registered pursuant to Regulation (EU) 2024/1348 or, where applicable, the Member State of relocation shall start the procedure for determining the Member State responsible without delay.
2. If the applicant absconds, the Member State where an application is first registered or, where applicable, the Member State of relocation shall continue the procedure for determining the Member State responsible.
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  38

CELEX:  32024R1351

3. The Member State which has conducted the procedure for determining the Member State responsible, or which has become responsible pursuant to Article 16(4) of this Regulation, shall without delay indicate in Eurodac pursuant to Article 16(1) of Regulation (EU) 2024/1358:
(a) its responsibility pursuant to Article 16(2);
(b) its responsibility pursuant to Article 16(3);
(c) its responsibility pursuant to Article 16(4);
(d) its responsibility due to its failure to comply with the time limits laid down in Article 39;
(e) the responsibility of the Member State which has accepted a request to take charge of the applicant pursuant to Article 40.
(f) its responsibility pursuant to Article 68(3). Until such information has been added, the procedures in paragraph 4 of this Article shall apply.
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  38

CELEX:  32024R1351

4. An applicant who is present in another Member State without a residence document, or who in that Member State makes an application for international protection during the procedure for determining the Member State responsible, shall be taken back by the determining Member State under the conditions laid down in Articles 41 and 46. That obligation shall cease where the determining Member State establishes that the applicant has obtained a residence document from another Member State.
5. An applicant who is present in a Member State without a residence document, or who in that Member State makes an application for international protection, after another Member State has confirmed that the person concerned is to be relocated pursuant to Article 67(9), and before the transfer has been carried out to the Member State of relocation pursuant to Article 67(11), shall be taken back by that Member State under the conditions laid down in Articles 41 and 46. That obligation shall cease where the Member State of relocation establishes that the applicant has obtained a residence document from another Member State.