With regard to the United Kingdom and Ireland, the Return Directive presents a hybrid character, as reflected in its recitals (26) and (27). It follows that both Protocol 19 on the Schengen acquis integrated in the framework of the European Union annexed to the Treaties, and Protocol 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaties, apply to this proposal. Pursuant to the latter, non-Schengen protocol, the United Kingdom and Ireland are not taking part in the adoption of this Regulation and are not bound by it or subject to its application; they may however notify to the Council that they wish to take part in this instrument.

According to Article 4 of Protocol 22 on the position of Denmark annexed to the Treaties, Denmark shall decide, within a period of six months after the Council has decided on this Regulation, whether it will implement this proposal, which builds upon the Schengen acquis, in its national law.

Article 79(2)(c) TFEU empowers the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, to adopt measures in the area of illegal migration and unauthorised residence, including removal and repatriation of persons residing without authorisation. Hence, this Article is the suitable legal basis for establishing a European travel document for return.

The proposal for a European travel document for return complies with and builds upon the provisions of the Return Directive, which set the common standards and procedures for returning illegally staying third-country nationals.

This proposal follows up on the announcement of the EU Action Plan on Return to explore ways to increase the recognition of the EU laissez-passer by third countries. The European travel document for return should help achieve the objectives set in the Agenda on Migration to enhance the effectiveness of the EU system to return irregular migrants, notably of those who do not possess valid travel documents, and to increase the return rate, by ensuring that third countries fulfil their international obligation to take back their own nationals residing irregularly in Europe.

The objective of this proposal is to establish a dedicated European travel document for the return of third-country nationals subject to a return decision, which provides for a uniform format and enhanced technical and security features to ensure a wider acceptance by third countries and the increased use of such document for the purpose of readmission. Its use should be promoted in EU and bilateral readmission or other agreements.

The need to address this issue was also underlined in the Council conclusions of 8 October 2015, in which Member States committed themselves to using the standard travel document more regularly in return operations. The European Council conclusions of 15 October 2015 further stressed this need.

The lack of valid travel documents issued by the country of destination of the returnee is one of the main obstacles to successful return. At present, Member States may issue a substitute document for those illegally staying third-country nationals who do not possess a valid travel document. Council Recommendation of 30 November 1994 establishes a standard travel document for the expulsion of third-country nationals; however, its recognition by third countries is low, including because of its unsatisfactory security features and standards.

Yet, the EU system to return irregular migrants is not sufficiently effective. For instance, in 2014, only less than 40% of the total number of return decisions issued by Member States has been enforced. The Commission presented an EU Action Plan on Return on 9 September 2015 in order to address the underlying reasons for this, including ways to increase the acceptance of the standard travel document for the expulsion of third-country nationals.

Increasing the rate of return of irregular migrants frees up capacities for welcoming those genuinely in need of protection, as underpinned by the Union's renewed efforts to protect those in need, including through relocation and resettlement. An effectively implemented and credible return policy goes hand in hand with a more open migration policy.

In the European Agenda on Migration, the Commission outlined a set of measures and initiatives that aim at providing structural solutions for better managing migration in all its aspects. The effective return of third country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member State of the Union is an essential part of a comprehensive approach to ensure the proper functioning of the EU migration policies and for maintaining public trust in the Union migration system.

The European travel document for return would reduce the administrative and bureaucratic burden on Member States' and third countries' administrations, including consular services, and it should contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third-country nationals.

Due to the urgency of the action needed to improve the enforcement of return and increase the readmission rate, including of those illegally staying third-country nationals who do not have a valid travel document, no impact assessment was conducted.

The proposal builds on the views expressed by Member States' national experts, who were consulted during return and readmission meetings and dialogues, as well as through EMN queries, as explained above.

Member States' experts were consulted in the context of return and readmission meetings and dialogues. They were also consulted via an ad hoc query of the European Migration Network (EMN) launched on 14 October 2011. This concluded that the standard travel document for the expulsion of third-country nationals is rarely accepted by authorities by third countries, also because of its low security standards.

During regular discussions with Member States' experts, no issues have emerged in relation to the security features applicable to the uniform form for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form. It is therefore appropriate to use the same security features for the European travel document for return.

Because of its non-binding nature, the Council Recommendation of 30 November 1994 concerning the adoption of a standard travel document for the expulsion of third-country nationals was not subject to an evaluation. However, regular discussions with representatives of both Member States and third countries show that the existing instrument is inadequate to ensure the necessary security standards for carrying out return and readmission of illegally staying third-country nationals.

In order to establish uniform and harmonised features, ensure clarity of concepts and the direct applicability of the European travel document for return, it is appropriate to adopt this act in the form of a Regulation. Where necessary, the Commission should be empowered to adopt the necessary technical adaptions to the format of the European travel document by means of delegated acts.

Furthermore, since relevant and reliable security features have already been set for the uniform form for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form, these features are used for the European travel document for return. This avoids raising additional costs to Member States.

Because the proposed Regulation harmonises the format and technical specifications of a European travel document for return and it does not amend or modify the common standards and rules on return established by the Return Directive, in accordance with the principle of proportionality as set out in Article 5 of the Treaty of the European Union, it does not go beyond what is necessary to achieve its objective.

The aim of this proposal, to establish a European travel document for the return of third-country nationals with enhanced security features in view of improving the recognition of this document by third countries, cannot be sufficiently achieved by the Member States acting alone. This is because the coexistence of different national travel documents for return, which use different formats, standards and security features, would hamper the recognition of such travel documents in EU readmission agreements with third countries, and would impact negatively on the effective return and readmission of illegally staying third-country nationals. The aim of this proposal can, therefore, be better achieved by the European Union.

On the basis of the respective agreements associating those countries with the implementation, application and development of the Schengen acquis, Iceland, Norway, Switzerland and Liechtenstein are to be bound by the Regulation proposed.

Article 5: it sets the rules relating to the fees for issuing the European travel document for return, which shall be free of charge for the third-country national.

Article 4: it defines the technical specifications and security features of the European travel document for return, which are those set by Article 2 of Council Regulation (EC) No 333/2002 and are not public for security reasons.

Article 3: it sets the format, content, language and validity of the European travel document for return, and empowers the Commission to amend the format by means of delegated acts.

Member States could consider issuing a European travel document for return when a document that is not valid or is no longer valid for travelling, or a certificate, or a copy of these documents, proves the nationality of the illegally staying third-country national subject to a return decision (e.g. expired passport, identity card, third-country laissez passer; military or maritime identity card, driving licence; nationality, birth, marriage or other civil registry certificate; identity information from the Visa Information System). Moreover, Member States could consider issuing the European travel document in the case in which a third-country national, whose nationality has been confirmed by the competent authorities of a third country, has not received a valid travel document within a reasonable deadline.

The European travel document for return would help increase flexibility for the authorities of third countries and reduce the administrative burden on competent consular authorities. In this way, the costs for the European travel document for return would be limited to a minimum. By accelerating the administrative procedures for return, it would contribute to reducing the period during which returnees awaiting removal are kept in administrative detention.

The proposal aims at harmonising the format and technical specifications of the European travel document for the return of illegally staying third-country nationals in order to ensure higher technical and security standards, in particular as regards safeguards against counterfeiting and falsification. It would facilitate recognition of this document by third countries for the purpose of return and readmission, notably in the context of readmission agreements or other arrangements with third countries, as well as in the context of return-related co-operation with third countries not covered by formal agreements.

The usefulness and effectiveness of the European travel document should be assessed in the context of the evaluation of the EU readmission agreements with third countries.

As the proposed European travel document for return is conceived for a single use only, and since it follows the technical specifications and security features already agreed upon in relation to the uniform forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State, the additional costs for Member States in producing and issuing such a document are negligible compared to the status quo.

This proposal only defines the format and the technical specifications of the European travel document for the return of illegally staying third-country nationals, therefore it does not have significant consequences on the fundamental rights of third-country nationals.

This proposal respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the protection in the event of removal, expulsion or extradition provided for in Article 19 of the Charter.

Moreover, by applying to the European travel document for return the enhanced security features already applicable to the uniform form for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form, no additional administrative and financial costs would be raised to Member States.

(8)The European travel document for return should help reduce the administrative and bureaucratic burden on Member States' and third countries' administrations, including consular services, and it should contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third-country nationals.

(7)Readmission agreements concluded by the Union with third countries should seek the recognition of the European travel document for return. Member States should seek the recognition of the European travel document for return in bilateral agreements and other arrangements as well as in the context of return-related co-operation with third countries not covered by formal agreements.

(6)A more secure European travel document for the return of third-country nationals should be established to facilitate return and readmission of illegally staying third-country nationals. Its enhanced security features should facilitate its recognition by third countries. Such document should help carry out returns in the context of readmission agreements or other arrangements with third countries, as well as in the context of return-related co-operation with third countries not covered by formal agreements.

(5)It is therefore necessary to promote the acceptance by third countries of an improved European return laissez-passer as the reference document for return purposes.

(4)The current standard travel document for the expulsion of third-country nationals, established by Council Recommendation of 30 November 1994, is not widely accepted by authorities of third countries, for reasons including its inadequate security standards.

(3)Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third-country nationals is essential for increasing rates of return, which are unsatisfactory.

(1)The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights, in particular of the principle of non-refoulement, and in compliance with the provisions of Directive 2008/115/EC, is an essential part of the comprehensive efforts to ensure the credibility and proper functioning of the Union migration policies and to reduce and deter irregular migration.

(9)This Regulation should only harmonise the format and technical specifications of a European travel document for return and should not harmonise rules on the issuing of such document.

(10)The circumstances in which Member States should consider issuing a European travel document for return include cases in which a document that is not valid or is no longer valid for travelling, a civil registry certificate, another official document, or a copy thereof, proves the nationality of the illegally staying third-country national subject to a return decision. Examples of such documents are expired passport, identity card or third-country laissez passer; military or maritime identity card, driving licence; nationality, birth, marriage certificates; extract from the Visa Information System. Member States could also consider issuing such document when the third-country national, whose nationality has been confirmed by the competent authorities of a third country, has not received a valid travel document within a reasonable deadline.

(11)The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification. The document should bear recognisable harmonised security features. High technical and security standards already exist and are set according to Article 2 of Council Regulation (EC) No 333/2002, which should therefore be applied to the European travel document for return.

(12)In order to amend or supplement certain non-essential elements of the model for a European travel document for return, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(13)The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(14)With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks for the purposes of this Regulation in accordance with the national laws, regulations or administrative provisions transposing Directive 95/46/EC.

(15)In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by or subject to its application. Given that this Regulation builds – to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council – upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(16)To the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EC) No 562/2006, this Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC; the United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Moreover, in accordance with Articles 1 and 2 of the Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Articles 3 and 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by or subject to its application.

(17)To the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EC) No 562/2006, this Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC; Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application. In accordance with Articles 1 and 2 of the Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Articles 3 and 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by or subject to its application.

(18)As regards Iceland and Norway, this Regulation constitutes – to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EC) No 562/2006 – a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1 of Council Decision 1999/437/EC.

(19)As regards Switzerland, this Regulation constitutes – to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EC) No 562/2006 – a development of provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1 of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC.

(20)As regards Liechtenstein, this Regulation constitutes – to the extent that it applies to third-country nationals who do not fulfil or who no longer fulfil the conditions of entry in accordance with Regulation (EC) No 562/2006 – a development of provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1 of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU.

(21)Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of the effects of the envisaged action, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(22)In order to establish uniform conditions and ensure clarity of concepts, it is appropriate to adopt this act in the form of a Regulation.

(23)This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the protection in the event of removal, expulsion or extradition provided for in Article 19 of the Charter.

(24)This Regulation should repeal and replace Council Recommendation of 30 November 1994,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes the format and the technical specifications of a European travel document for the return of third-country nationals.