COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Enhancing cooperation on return and readmission as part of a fair, effective and comprehensive EU migration policy
Date: 2021-02-10
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, EU visa policy, foreign national, illegal migration, international cooperation, migrant, residence permit, return migration, right of asylum, third country

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 10.2.2021  COM(2021) 56 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Enhancing cooperation on return and readmission as part of a fair, effective and comprehensive EU migration policy          
 
 
1.  Introduction 

The  New  Pact  on  Migration  and  Asylum1  sets  out  a  comprehensive  approach  to  migration, 
bringing together all relevant policy strands to build a long-term and sustainable system in the 
EU for managing migration and asylum. A fair and effective system needs to guarantee quick 
protection and integration of those in need of international  protection, and at  the same time 
provide  for  the  effective  return  and  sustainable  reintegration,  in  their  countries  of  origin,  of 
those who do not have the right to stay.   

The  New  Pact  underlines  the  importance  of  comprehensive,  balanced,  tailor-made  and 
mutually  beneficial  migration  partnerships  with  countries  outside  the  EU,  of  which 
effective readmission is an important element. These partnerships will take into account both 
the EU’s and the partners’ interests and be embedded into the EU’s overall relations with third 
countries, alongside other policies, such as development cooperation, foreign investments and 
trade. Through these partnerships, the aim is to address common challenges and capitalise on 
shared opportunities by: enhancing migration governance and management, including border 
management, the fight against migrant smuggling and human trafficking; supporting refugees 
and host communities in partner countries; building economic opportunity and addressing the 
root causes of irregular migration; developing legal pathways  and attracting skills and talent 
to Europe, and stepping up cooperation on readmission and reintegration. 

Building  a  common  EU  system  for  returns  based  on  stronger,  effective  and  humane  return 
procedures  inside  the  EU,  as  well  as  more  effective  cooperation  with  external  partners  on 
readmission, is one fundamental aspect of a comprehensive and credible EU migration policy. 
In a situation where Member States’ policies are closely interconnected and the actions taken 
by one Member State impact the others, there is a need for a new and sustainable European 
framework  that  provides  consistency,  certainty  and  clarity.  The  New  Pact  paves  the  way 
towards  a  common  EU  system  for  returns,  where  a  consistent  and  coherent  approach  can 
ensure that returns can deliver within the overall objectives of the EU’s migration and asylum 
policy.  This  requires  improved  procedures  that  reduce  the  fragmentation  of  national 
approaches, and closer cooperation and reinforced solidarity between all Member States.  

The success of returns, readmission and reintegration also depends on the EU and its Member 
States acting in unity, in a Team Europe approach, using a wide range of tools and  relevant 
policies, and acting in a coordinated and continuous dialogue with partner countries. 

To achieve concrete progress in relation to cooperation on readmission, in October 2018, the 
European  Council2  called  for  mobilising  the  necessary  incentives  by  using  all  relevant  EU 
policies, instruments  and tools including  visa  policy. The revised Visa Code3 stipulates that 
the Commission assess the level of readmission cooperation with third countries and reports 
to the Council (Article 25a) on an annual basis. As confirmed by the New Pact, the process of 
regular assessments under the Visa Code would facilitate a structured approach to cooperation 

European 

1 COM(2020) 609 final. 
2 
Including 
https://www.consilium.europa.eu/media/36775/18-euco-final-conclusions-en.pdf 
3  Regulation  (EC)  No  810/2009  establishing  a  Community  Code  on  Visas  (Visa  Code)  as  amended  by 
Regulation  (EU)  2019/1155  of  the  European  Parliament  and  of  the  Council  of  20  June  2019,  OJ  L  188  of 
12.7.2019, p. 25. 

conclusions 

October 

Council 

EUCO 

13/18: 

2018, 

of 

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on readmission with third countries over time and be an important tool that contributes to the 
successful implementation of the wider policy objectives in the area of migration and asylum. 

Against this background, the Commission has completed the first factual assessment under 
the  Visa  Code,  based  on  quantitative  and  qualitative  data  provided  by  Member  States  and 
Schengen Associated Countries and data collected by Eurostat and the European Border and 
Coast Guard Agency (Frontex) on return and irregular arrivals. This assessment provides an 
evidence-based, comprehensive and detailed picture of cooperation thereby helping to identify 
how to improve cooperation in a targeted manner. As set out in the Visa Code, the assessment 
is  presented  to  the  Council,  and  it  is  the  first  step  in  a  process  involving  discussions  with 
Member States and partner countries. 

This  Communication  outlines  the  overall  findings  of  the  first  annual  assessment  of  partner 
countries’ cooperation on readmission. It describes how the Commission, in close cooperation 
with  the  High  Representative  and  the  Member  States,  where  relevant  in  line  with  their 
respective  competences,  intends  to  build  upon  the  process  initiated  by  this  assessment  to 
further  address  internal  and  external  challenges  linked  to  return  and  readmission  in  an 
integrated, structured and effective manner.  

In  line  with  the  Commission’s  proposal  for  a  new  Asylum  and  Migration  Management 
Regulation,  this  assessment  could  also  contribute  to  the  process  of  identifying  incentives  in 
policy  areas  beyond  visa  to  improve  cooperation  on  readmission,  taking  into  account  the 
Union’s  overall  interests  and  relations  with  partner  countries.  Pending  the  adoption  of  that 
proposal,  and  in  view  of  the  key  importance  of  making  tangible  progress  on  readmission 
cooperation,  the  Commission  will  already  take  account  of  this  wider  consideration  in  its 
follow-up to this first assessment.4 This assessment is valuable  in addressing how to step up 
readmission cooperation with relevant partners. More broadly, it could also  inform on how to 
strengthen  cooperation on migration with those partners as part of a comprehensive approach.  

2.  Challenges and obstacles - setting the scene for a more effective EU return and 

readmission system 

Despite improved efforts to tackle irregular migration and ensure the effective return of those 
who  do  not  have  the  right  to  stay  in  the  Union,  a  lot  remains  to  be  done.  Close,  mutually 
beneficial  cooperation  with  partner  countries  on  various  areas  as  part  of  comprehensive 
migration  partnerships  should  contribute  to  reducing  irregular  arrivals.  Today,  too  many 
people still continue to take unsafe and irregular routes to come to Europe, often prompted by 
difficult socio-economic and political conditions. Between January and November 2020, over 
110 000 people came to  Europe irregularly5. Stepped up  engagement on  countering migrant 
smuggling remains essential.  

A large share of migrants arriving irregularly are unlikely to receive protection in the EU or to 
be granted the right to stay for other reasons. In 2019, the average EU recognition rate for first 

4  See  Article  7  of  the  proposed  Asylum  and  Migration  Management  Regulation,  COM  (2020)610  final. 
According  to  the  proposed  legislation,  the  assessment  on  the  cooperation  of  third  countries  on  return  and 
readmission  should  be  on  the  basis  of  the  25a  Report  and  any  other  available  information.  Therefore, 
considerations under the proposed article 7 should cover both visa-bound and non-visa-bound countries.  
5  The  number  of  irregular  arrivals  to  the  EU  dropped  from  over  1.8  million  in  2015  to  over  110,000  in  2020 
(January-November 2020). 

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time  applications  was  just  30%6.  The  return  of  those  who  have  no  right  to  stay  remains  a 
challenge.  Out  of  those  that  need  to  be  returned,  only  one  third  effectively  return7,  and  of 
those  less  than  30%  do  so  voluntarily.  The  unsatisfactory  performance  on  return  and 
readmission  is  due  to  the  several  challenges  that  Member  States  face  when  carrying  out 
procedures to order the return of irregular migrants and when cooperating with third countries 
on readmission. 

The COVID-19 pandemic has added a new layer of complexity  to  the functioning of return 
and readmission operations. Even though travel restrictions remain in place across the globe, 
asylum and return procedures should continue - taking due account of the measures necessary 
to protect the health of returnees and of receiving communities. Resettlement activities were 
also disrupted due to COVID-19 restrictions but have resumed to a significant extent. 

2.1. Challenges in return procedures within the Union 

The legal and administrative return frameworks of the Member States vary significantly, with 
gaps  and  good  practices  in  each  national  system.  Identifying  and  tackling  such  gaps  and 
promoting existing good practices is the first step to make return procedures sustainable, swift 
and  predictable,  and  to  protect  and  promote  migrants’  rights,  in  line  with  EU  law  and  the 
Charter of Fundamental Rights. 

Significant  gaps between asylum and return procedures, lengthy procedures including at the 
stage  of  appeal,  difficulties  in  preventing  absconding,  insufficient  resources,  infrastructures 
and limited administrative capacity to follow up on return decisions, including by requesting 
readmission  to  third  countries,  are  some  of  the  key  obstacles  towards  an  effective  return 
policy.  

Endeavouring  that  more  migrants  without  the  right  to  stay  in  the  EU  choose  to  leave 
voluntarily is the best way to undertake return with efficiency and promote more sustainable 
solutions.  Voluntary  returns  combined  with  effective  reintegration  strategies  increase  the 
acceptance and success rates of these operations.  

Information  collected  during  Schengen  evaluations8  and  through  other  sources,  such  as  the 
European Migration Network9, confirms that despite a general preference by Member States 
for  voluntary  returns,  there  are  persistent  challenges  in  providing  sufficient  support  to 
irregular  migrants  willing  to  depart  voluntarily.  This  is  due  to  the  narrow  scope  of  existing 
programmes  (e.g.  covering  only  rejected  asylum  seekers),  limited  return  counselling,  and 
significantly varied levels of assistance provided to returnees.  

It is also essential that vulnerable people, in particular unaccompanied minors and victims of 
trafficking, receive specific, tailor-made assistance and protection, both within the EU and in 

6  The  recognition  rate  is  meant  as  the  share  of  positive  decisions  at  first  instance  resulting  in  the  granting  of 
refugee status or subsidiary protection status over the total number of asylum decisions at first instance. In 2019, 
out of 541 085 decisions, 160 965 third-country nationals were granted refugee status or subsidiary protection. 
7 Out of 491 195 illegally staying third-country nationals ordered to return in 2019, 142 320 effectively returned 
to a third country. 
8 COM(2020) 779 final. 
9  The  European  Migration  Network  is  an  EU  network  of  migration  and  asylum  experts  who  work  together  to 
provide  objective,  comparable  policy-relevant  information.  It  is  established  by  virtue  of  Council  Decision 
2008/381/EC. 

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partner countries. The safeguards established by the EU to protect the victims of trafficking, 
and to ensure the respect of the non-refoulement principle, taking into account the needs and 
specific  circumstances  of  migrants  as  well  as  the  need  to  find  sustainable  solutions  to  their 
situation, must be effectively guaranteed during all steps of the return process. For children in 
particular, concrete safeguards should be put in place to ensure that their rights are respected.  

At  the  same  time,  there  is  a  need  to  find  practical  solutions  to  prevent  absconding  of  those 
who do not have a right to stay. Finding a good balance between increasing the availability 
and  use  of  effective  alternatives  to  detention,  and  ensuring  that  specialised  facilities  are 
available  and  well-equipped  when  detention  is  used,  can  contribute  to  a  more  effective 
process  of  non-voluntary  returns.  In  all  cases,  the  specific  circumstances  of  the  individuals 
concerned need to be taken into account and fundamental rights need to be fully respected by 
the EU, including its agencies, and all Member States. As regards children, it is essential to 
make  available  and  consistently  use  alternatives  to  detention.  For  return  operations  to  be 
successful,  the  work  of  all  actors  including  EU  agencies  and  international  organisations 
should  be  streamlined  and  supported  by  adequate  resources  at  all  stages  of  the  process, 
including when engaging with third countries for readmission. The recruitment by Frontex of 
independent  fundamental  rights  monitors, which  complements the existing pool  of monitors 
from  competent  national  bodies,  will  reinforce  the  EU  capacity  to  oversee  the  respect  of 
fundamental rights during all forced return operations organised by the Agency.   

Currently  there  is  a  significant  difference  between  the  number  of  return  orders  issued  and 
readmission requests to third countries, as Member States tend not to initiate the readmission 
process when they are not confident that the partner country will cooperate in identifying and 
re-documenting their nationals. As cooperation with third countries would improve, Member 
States need to swiftly follow-up return orders with a readmission request to use the improving 
cooperation framework to its full potential. 

Independent  and effective monitoring systems  can enhance the protection and guarantee the 
respect of returnees’ fundamental rights and dignity during return operations. 

2.2. Challenges in readmission cooperation with partner countries 

Effective readmission processes rely on the capacity and commitment of partners to readmit 
irregular  migrants.  Obstacles  may  appear  at  different  stages  of  the  process  –  for  example, 
when Member States follow-up with a readmission request, or a request for identification and 
re-documentation to the third country concerned. The quality, speed and effectiveness of the 
assistance  provided  by  partner  countries  for  identification  (type  of  evidence  accepted, 
possibility to organise interviews and identification missions and their outcomes, etc.) and for 
the  issuance  of  travel  documents  is  an  essential  element  of  the  readmission  process.  The 
timeliness of these steps is equally important, as protracted processes result in high costs for 
the Member States and often in migrants absconding and frustrating return.  

The  refusal  by  certain  countries  of  non-voluntary  returnees  is  also  an  issue  of  concern. 
Refusal  of  charter  flights,  in  particular  when  the  number  of  returnees  is  high,  or  additional 
conditions for return operations further jeopardise or delay the return process. 

Member  States  experience  these  obstacles  in  different  ways  and  to  a  different  extent, 
depending  on  which  cooperation  framework  is  used  or  on  whether  certain  practices  are 
extended to all Member States by partners.  

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3.  Improving the effectiveness of return, readmission and sustainable reintegration 

3.1. A common EU system for returns 

A common EU return system needs first and foremost clear rules and procedures in place, 
which  are  both  effective  and  guarantee  the  respect  of  fundamental  rights.  It  must  build  on 
solid legal ground providing for fair and effective procedures, closely interlinked with those 
related  to  asylum,  including  at  the  external  borders  of  the  EU.  The  proposal  for  the  recast 
Return  Directive  is  the  cornerstone  of  the  new  common  EU  return  system.  It  would  help 
reduce  the  length  of  procedures  and,  together  with  the  proposal  for  an  amended  Asylum 
Procedure  Regulation,  bring  rules  on  asylum  and  return  closer  together,  strengthening  the 
support  to  voluntary  return  and  reintegration,  reducing  absconding  and  unauthorised 
movements and modernising the way procedures are managed with the help of dedicated IT 
systems.  To  make  these  improvements  a  reality,  the  European  Parliament  and  the  Council 
need  to  make  swift  progress,  start  the  trilogues  and  find  agreement  on  this  proposal  as  a 
matter of priority. The Commission will continue to work closely with the other institutions to 
this end.  

The new legal framework should integrate the proposed return sponsorship – the new form 
of  solidarity  contribution  to  assist  Member  States  under  migratory  pressure  in  carrying  out 
returns  –  and  support  its  implementation.  Furthermore,  it  would  set  up  a  new  asylum  and 
return  border  procedure,  operating  in  a  fast  and  effective  manner  to  prevent  irregular 
migration  and  unauthorised  movements  to  the  benefit  of  all  Member  States  acting  in 
solidarity. 

A solid  legal  framework is  however only  as  good as  its implementation. An effective  and 
thorough implementation and monitoring of the common rules on returns is crucial to increase 
the  effectiveness  of  return.  The  Schengen  evaluation  mechanism  already  supports  the  EU 
return  system  by  identifying  and  addressing  shortcomings,  sharing  good  practices, 
consolidating mutual trust and reinforcing the protection of individual’s rights during all the 
steps of the return process. Strengthening further the Schengen evaluation mechanism would 
support the EU return system in achieving its full potential.  

An  effective  and  common  EU  system  for  returns  also  relies  on  very  close  coordination  and 
cooperation among Member States, EU institutions and agencies, ensuring coherent action at 
all  levels.  It  is  therefore  necessary  to  further  develop  strong  governance  in  the  area  of 
return  and  practical  and  operational  support  by  Frontex,  both  in  relation  to  the  internal 
aspects of the return policy as well as its external dimension.   

The New Pact announced the forthcoming appointment of a Return Coordinator, who will 
be  supported  by  a  High  Level  Network  and  work  closely  with  the  European  Border  and 
Coast  Guard  Agency  (Frontex).  The  Return  Coordinator  will  bring  together  return  and 
readmission  stakeholders  in  EU  Member  States  and  encourage  work  towards  a  common 
objective. This will facilitate cooperation among Member States, including by maximising the 
positive impact of return sponsorship. At the same time, support to and cooperation between 
Member  States  requires  that  Frontex  is  fully  effective  in  the  area  of  returns,  providing 
operational  support  to  the  national  authorities,  assisting  with  the  identification  of  returnees 
and the acquisition of travel documents, the organisation of return operations and support to 
voluntary departure and reintegration. The rollout of Frontex’s standing corps, which started 
in January 2021, accompanied by the establishment of a dedicated division, led by a Deputy 

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Executive Directive to be appointed as a matter of priority, will equip the Agency to deliver 
on its reinforced mandate in the area of return. 

Governance  in  the  area  of  return  and  the  overall  effectiveness  of  this  policy  area  would  be 
equally  reinforced  by  the  Commission  drawing  further  on  the  yearly  assessment  of 
cooperation on readmission to consider measures in other relevant policy areas, beyond visa 
to  improve cooperation  on readmission10.  In this  way, the process  would  factor in  the work 
previously undertaken in the Council towards a coordination mechanism, by which Member 
States can signal the need to identify measures at EU or national level that could contribute to 
improve cooperation on readmission with third countries.  

Beyond  governance,  an  enhanced engagement with third countries  on readmission based on 
the assessment of their level of cooperation, as part of broader migration partnerships will be 
fundamental  for  an  efficient  return  system,  including  the  effective  application  of  return 
sponsorships and the border procedure.  

Finally, in the spirit of a common EU return system, the assessment should be used to ensure 
that readmission cooperation with third countries works for all Member States, and not  only 
with some, and that in this way, all Member States deliver on returns.  

3.2.  Strengthening  cooperation  on  return,  readmission  and  sustainable  reintegration 

with partner countries 

In  line  with  the  New  Pact,  dialogue  and  cooperation  on  return,  readmission  and  sustainable 
reintegration will continue to be treated as part of comprehensive, tailor-made, balanced and 
mutually beneficial migration partnerships.  

Every State has the obligation to readmit its own nationals under international customary law, 
and  multilateral  international  conventions  such  as  the  Chicago  Convention  on  International 
Civil  Aviation11  regardless  of  the  existence  of  specific  instruments  structuring  readmission 
cooperation.  It  is  important  to  make  progress  in  readmission  cooperation,  and  this  may  be 
done through the use of different instruments. 

Nevertheless, specific agreements help to facilitate readmission and clarify the system for the 
EU and the third country alike. The EU has so far concluded 18 readmission agreements12 and 
six arrangements13. Negotiations for readmission agreements with Nigeria, Tunisia, Morocco 
and  China  are  underway.  Readmission  provisions  also  feature  in  larger  EU  agreements 
with certain third countries or regions14, such as the successor to the Cotonou Agreement 
between  the  EU  and  79  African,  Caribbean,  and  Pacific  countries  (ACP)15  on  which 
negotiations  have  recently  been  concluded.  Member  States  also  have  bilateral  readmission 
instruments with third countries.  

10 See Article 7 of the proposed Asylum and Migration Management Regulation, COM (2020)610 final. 
11 ICAO Convention on International Civil Aviation, Doc 7300/9. 
12  Hong  Kong,  Macao,  Sri  Lanka,  Albania,  Russia,  Ukraine,  North  Macedonia,  Bosnia  and  Herzegovina, 
Montenegro, Serbia, Moldova, Pakistan, Georgia, Armenia, Azerbaijan, Turkey, Cape Verde, Belarus 
13 Afghanistan, Gambia, Guinea, Bangladesh, Ethiopia and Ivory Coast. 
14  Political  Dialogue  and  Cooperation  Agreements  featuring  a  chapter  on  Migration  with  specific  readmission 
provisions: Canada; Costa  Rica, El Salvador, Guatemala,  Honduras, Nicaragua and Panama;  Cuba; Tajikistan; 
Uzbekistan; Iraq; Vietnam; Indonesia; New Zealand; Kazakhstan; Malaysia. 
15 Article 13, Africa-Caribbean-Pacific (The ACP-EU Partnership Agreement). 

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All such instruments deliver a better, more structured and predictable cooperation when their 
implementation  is followed closely in  dedicated governance structure. Where agreements  or 
arrangements  are  already  in  place,  engagement  with  third  countries  will  continue  in  the 
context  of  existing  frameworks  (Joint  Readmission  Committees16  and  Joint  Working 
Groups17)  to  ensure  that  the  cooperation  instruments  deliver  actual  results.  In  this  vein,  the 
factual  assessment  produced  by  the  Commission  should  inform  a  discussion  with  Member 
States to identify countries with which new readmission agreements or arrangements could be 
pursued. 

Return,  readmission  and  reintegration  are  a  common  challenge  for  the  EU  and  its  partners. 
The support that the EU and its Member States have so far mobilised to assist voluntary return 
and support sustainable reintegration delivered clear benefits for  the EU and partner countries 
and the effectiveness of the return process.  By addressing the needs of individual returnees, 
the  communities  to  which  they  return,  and  the  relevant  institutions  and  systems  of  partner 
countries the EU support has contributed to their local development. To improve sustainable 
reintegration, more could be done to establish better linkages with existing local development 
initiatives  and  national  strategies  to  build  third  countries’  capacity  to  manage  return  and 
reintegration and ownership while fostering stronger cooperation in the EU. 

4.  The first annual assessment of readmission cooperation with partners 

4.1. Requirements 

The assessment of third countries’ level of readmission cooperation, required by Article 25a 
of  the  Visa  Code,  provides  the  Union  with  a  useful  tool  to  help  it  measure,  on  an  ongoing 
basis, the cooperation that exists with visa-bound partners and identify what works well and 
where attention needs to be focused. 

The Visa Code identifies the immediate next steps that, depending on the assessment of the 
level  of  cooperation,  could  lead  to  the  adoption  of  incentive  measures  in  the  field  of  visa 
policy. Regarding third countries whose level of cooperation needs to be improved with most 
Member  States  concerned,  the  Commission  will,  after  discussing  with  Member  States  and 
taking into account the EU’s overall relations with the country concerned, consider where the 
application of visa measures could be relevant and effective. Potential issues with the level of 
cooperation will also be discussed with the countries concerned as part of the EU’s broader 
dialogues on migration.  

If, based on this assessment and after discussing with the Council, the Commission considers 
that  a  partner  is  not  cooperating  sufficiently,  taking  into  account  the  steps  it  has  taken  to 
improve the level  of cooperation of the third country concerned in  the field  of readmission, 
and the Union’s overall relations with the country concerned, it shall submit a proposal to the 
Council to adopt an implementing decision applying specific restrictions related to short-stay 
visa processing (related to the level of the visa fee or visa procedures)18. When doing so, the 
Commission should still continue its efforts to improve cooperation on readmission with the 
country concerned. If a third country cooperates sufficiently on readmission, the Commission 

16  Hong  Kong,  Macao,  Sri  Lanka,  Albania,  Russia,  Ukraine,  North  Macedonia,  Bosnia  and  Herzegovina, 
Montenegro, Serbia, Moldova, Pakistan, Georgia, Armenia, Azerbaijan, Turkey, Cape Verde, Belarus. 
17 Afghanistan, Gambia, Guinea, Bangladesh, Ethiopia and Ivory Coast. 
18 Article 25a(5). 

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may  propose  to  the  Council  to  adopt  a  number  of  positive  visa  measures  (temporary  visa 
facilitations  such  as  a  reduction  of  the  visa  fee,  a  reduction  of  the  processing  time  or  an 
increase in the period of validity of multiple entry visas)19.   

4.2.Methodology 

The assessment of third countries’ cooperation on readmission is based on a comprehensive 
set  of  indicators  to  assess  practices  at  all  stages  of  the  readmission  process  -  from 
identification of irregular migrants to the issuance of travel documents and effective return.  

In  agreement  with  the  Council,  the  geographical  scope  and  process  of  the  data  collection20 
was established and resulted in  the assessment  of those  third countries whose nationals  are 
subject  to  the  short-stay  visa  requirement  and  have  been  issued  more  than  1 000  return 
decisions in 201821. Drawing on the lessons learnt from conducting this first assessment, and 
after discussions with the Member States, the Commission could consider further clarifying or 
modifying the selection criteria for future assessments.  

The data and qualitative information sought from Member States reflect the indicators set out 
in  Article  25a(2)  of  the  Visa  Code22,  including  their  practical  cooperation  experiences  with 
third countries, notably on the timeliness of identification and re-documentation procedures, 
as well as third countries’ acceptance of EU travel documents and return operations, including 
charter flights.  The assessment also  accounts the extent of EU engagement  so far with  each 
third country and the steps already taken to improve cooperation on readmission. 

This  comprehensive  set  of  data  and  information  provided  by  Member  States  allows  for  a 
systematic and in-depth analysis, goes beyond an initial and sometimes inaccurate conclusion 
from  one  single  indicator,  such  as  the  return  rate  and  gives  a  comprehensive  picture  of 
Member States’ experience with the level of cooperation on readmission. Such an assessment 
also provides valuable details on specific readmission cooperation problems such as obstacles 
to  identification,  delayed  issuance  of  travel  documents,  non-respect  of  stipulated  deadlines 
and non-acceptance of charter flights.  

Finally,  the  assessment  process  also  takes  into  account  other  relevant  criteria,  such  as  the 
number  of  irregular  arrivals,  allowing  to  contextualise  the  degree  of  cooperation  in  the 
broader context of past and current migration flows. 

19 Article 25a(8). 
20 Data and answers to a questionnaire provided by Member States (27) and Schengen Associated Countries (4) 
for 2019, and collected by Frontex along the comprehensive set of indicators established in the legislation. 
21 As per Eurostat data in August 2019.  
22  The  indicators  set  out  in  Article  25a(2)  of  the  Visa  Code  are:  (a)  the  number  of  return  decisions  issued  to 
persons from the third country in question, illegally staying on the territory of the Member States; (b) the number 
of actual forced returns of persons issued with return decisions as a percentage of the number of return decisions 
issued  to  nationals  of  the  third  country  in  question  including,  where  appropriate,  on  the  basis  of  Union  or 
bilateral readmission agreements, the number of third country nationals who have transited through the territory 
of the third country in question; (c) the number of readmission requests per Member State accepted by the third 
country as a percentage of the number of such requests submitted to it; (d) the level of practical cooperation with 
regard  to  return  in  the  different  stages  of  the  return  procedure,  such  as:  (i)  assistance  provided  in  the 
identification  of  persons  illegally  staying  on  the  territory  of  the  Member  States  and  in  the  timely  issuance  of 
travel documents; (ii) acceptance of the European travel document for the return of illegally staying third country 
nationals or laissez-passer; (iii) acceptance of the readmission of persons who are to be legally returned to their 
country; and (iv) acceptance of return flights and operations. 

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4.3. Overall Findings 

Based on the assessment, and while contexts in partners vary significantly, it appears that for 
almost one third of the countries covered by the 2020 assessment cooperation works well with 
most  Member  States,  for  almost  another  one  third  the  level  of  cooperation  is  average,  with 
improvements  needed  with  regard  to  a  number  of  Member  States  while  for  more  than  one 
third the level of cooperation needs to be improved with most Member States concerned. 

Member  States’  data  and  information  confirm  that  all  EU  readmission  agreements  bring  a 
significant  added  value  in  facilitating  cooperation  on  readmission.  This  is  also  the  case  for 
four  out  of  the  six  readmission  arrangements.  Member  States’  bilateral  readmission 
instruments, which help structure cooperation in a similar way, are mostly respected by third 
countries, but the level of cooperation varies depending on the instrument and cooperation is 
rarely extended to Member States that do not have such an instrument in place. This can result 
in an overall weaker level of cooperation for the EU as a whole. Finally, for a number of third 
countries, very few Member States have any type of cooperation instrument in place.  

The  assessment  confirms  that  instruments  that  structure  cooperation  can  have  a  beneficial 
impact  on  the  effectiveness  of  that  cooperation,  but  also  that  it  is  important  to  consider  the 
benefits of the type of instrument sought, for each specific situation.  

The assessment shows that the main obstacles are the identification of irregular migrants and 
issuance  of  travel  documents.  Once  these  processes  are  successfully  completed,  the 
organisation  of  flights  and  the  actual  return  are  usually  carried  out  successfully.  However, 
acceptance  of  charter  flights  and  greater  flexibility  and  timeliness  in  agreeing  the  details  of 
return operations can increase the effectiveness of the whole process, in particular when the 
number of returnees is high. 

Experience has shown that the chances of a successful and swift cooperation increase with the 
deployment  of  electronic  platforms  for  processing  readmission  applications  (Readmission 
Case  Management  Systems  -  RCMS)  and  with  European  Return  or  Migration  Liaison 
Officers, facilitating the process locally. When RCMS are in place, in support of a functioning 
agreement  or  arrangement,  they  make  a  positive  contribution  to  improved  readmission 
cooperation.  

5.  Next steps  

As part of rolling out the comprehensive approach to migration  set out in the new Pact, the 
Commission, the High Representativee and Member States will, in line with their respective 
competences,  seek  to  enhance  cooperation  on  return  and  readmission  by  developing  a 
common  EU  return  system,  and  pursuing  deeper,  comprehensive  partnerships  on  migration 
with  third  countries,  in  the  context  of  their  overall  relationships  with  them.  This  work  will 
entail several mutually reinforcing strands:  

In  line  with  the  comprehensive  approach  proposed  in  the  New  Pact  on  Migration  and 
Asylum, and in order to address the interlinked internal and external dimensions of the return 
process: 

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  The Commission will pursue a better-functioning common EU system of returns. To 
set  the  basis  of  a  common  EU  system  for  returns  that  contributes  to  a  sustainable 
management  of  migration  and  asylum,  it  is  essential  to  reach  an  agreement  on  the 
proposals for a recast of the Return Directive and for an amended Asylum Procedure 
Regulation.  The  Commission  stands  ready  to  support  the  European  Parliament  and  the 
Council to that effect, in particular the start of the trilogues and the swift agreement on the 
recast  of  the  Return  Directive.  With  these  improvements  of  the  legal  framework, 
supported  by  the  appointment  of  the  Return  Coordinator  and  of  the  High  Level 
Network for Return, and relying on the operational support of Frontex, the EU would 
take a major step forward in reducing the obstacles that hamper return procedures in the 
Member  States.  This  will  amplify  progress  in  the  cooperation  with  partners  on 
readmission and support the development of return solidarity among Member States.  

  The  Commission  will  systematically  monitor  the  implementation  of  return  rules, 
including  through  the  Schengen  evaluations  mechanism  and,  where  appropriate, 
infringement  procedures,  both  when  it  comes  to  the  implementation  of  the  return 
procedures,  such  as  the  issuance  of  return  decisions  and  their  effective  enforcement,  as 
well as when it comes to the respect of the rights of migrants  – children and vulnerable 
people  in  particular  –  during  all  steps  of  the  return  process.  The  financial  resources 
provided by the new Asylum, Migration and Integration Fund will also be used to target 
and address existing gaps in all Member States.  

  The  Commission  will  adopt  a  Voluntary  Return  and  Reintegration  Strategy,  which 
will  help  develop  a  common  framework  for  voluntary  returns  and  reintegration, 
establishing a coherent voluntary return system across EU Member States and supporting 
also the voluntary return of migrants from partner countries to their countries of origin as 
well. In addition, it will strengthen the EU’s capacity to support sustainable reintegration 
of returnees, drawing on the funding instruments available to finance EU cooperation with 
partner countries on migration available in the current Multiannual Financial Framework 
and in line with the programming of this assistance. 

The assessment of third countries’ level of cooperation on readmission triggers a series of 
steps, in line with the process set out in Article 25a of the Visa Code. On this basis, over the 
next months: 

  The  Commission  will  discuss  the  findings  of  the  assessment  report  with  the 
Council  with  a  view  to  drawing  conclusions  on  how  to  step  up  cooperation  on 
readmission,  where  relevant.  Discussions  could  also  inform  on  how  to  strengthen 
cooperation  on  migration  more  broadly,  as  part  of  the  comprehensive  partnership 
approach with third countries set out in the New Pact.  

  The Commission, the High Representative and Member States will, in line with their 
respective competences,  proactively  reach out to partner countries,  in light  of  the 
assessment  of  readmission  cooperation,  and  actively  engage  where  areas  for 
improvement have been identified in the report. This will be done  on an ongoing basis 
and    as  part  of  the  broader  contacts  on  migration  with  partner  countries  at  political 
and/or  technical  level.  This  will  be  done  by  building  on  the  already  existing 
frameworks  for  cooperation  and  dialogue  and  setting  up  new  migration  dialogues 

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where  needed,  while  ensuring  that  migration  features  more  prominently  in  political 
dialogues.  

  As  part  of  this  work,  the  Commission  will  seek  to  improve  the  implementation  of 
existing  EU  agreements  and  arrangements  on  readmission,  move  towards  the 
completion  of  ongoing  readmission  negotiations,  and  consider  as  appropriate  the 
launch of new negotiations, as well as practical  cooperative solutions to increase the 
number of effective returns.  

  The Commission could then make a proposal to the Council on more restrictive or 
more favourable visa measures in line with the Visa Code. In doing so, it will take 
into  account  the  Union’s  overall  relations  with  the  countries  concerned,  in  close 
coordination  with  the  High  Representative.  In  this  context,  the  Commission  will 
consider links to other relevant policies, instruments and tools.  

  The  Commission,  the  Council  and  the  Member  States,  in  line  with  their  respective 
competences,  will  develop  a  fully  coordinated  approach  for  acting  in  unity  and 
speaking to third countries with one voice. Enhanced means of bringing together the 
outreach and engagement undertaken by the Union and by the Member States should 
be developed, building on the work already started. The coordination should, among 
other things, contribute to the follow-up given to the assessment report on readmission 
cooperation,  and  facilitate  the  identification  of  tailor-made  partnerships,  drawing 
together  the  appropriate  mix  of  policy  tools  and  taking  account  of  the  respective 
competences  of  the  different  actors.  Better  EU  coordination  on  the  ground  in  the 
partner  countries  should  also  be  pursued,  bringing  together  EU  Delegations  and 
Member States’ local embassies. 

When  taking  the  above  steps  on  readmission,  the  EU  will  continue  to  pursue  the  overall 
comprehensive and partnership-based approach to the external dimension of migration 
as set out in the New Pact on Migration: 

  The Commission will propose a new Action Plan against migrant smuggling for 2021-
2025,  stimulating  cooperation  between  the  EU  and  non-EU  countries.  Fighting  migrant 
smuggling is a common challenge for both the EU and partners that needs to be addressed 
jointly.  

  The  Commission  will  also  seek  a  more  coherent,  strategic  and  flexible  use  of  EU 
funding.  EU funding under the next Multiannual Financial Framework (MFF), including 
the  Asylum  Migration  and  Integration  Fund  (AMIF),  the  Border  Management  and  Visa 
Instrument  (BMVI),  the  Neighbourhood,  Development  and  International  Cooperation 
Instrument (NDICI), with the 10% spending target for migration-related actions, and the 
Instrument for Pre-accession Assistance (IPA III) will be used in a coherent, strategic and 
flexible way to ensure they contribute to the implementation of the EU migration priorities 
and facilitate, among other objectives, cooperation on readmission, voluntary returns and 
sustainable  reintegration.  The  EU  will  have  to  continue  and  improve  synergies  between 
internal  and  external  funds under the new Multiannual  Financial Framework (MFF) and 
seek  complementarities  between  EU  and  Member  States’  funding  in  a  Team  Europe 
approach.  

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  Engagement on readmission will continue to be part of broader partnerships pursuing all 
the  areas  of  cooperation  with  partners  laid  out  in  the  New  Pact.  These  also  include 
protecting  those  in  need  and  supporting  host  countries,  building  economic  opportunities 
and addressing the root causes of irregular migration, strengthening migration governance 
and  management,  and  fostering  legal  migration  and  mobility,  while  fully  respecting 
Member  States’  competences.  As  regards  the  latter,  the  Commission  will  launch  the 
Talent Partnerships initiative to promote legal migration and mobility, through a High-
Level conference bringing together the Member States, the business sector, education and 
other actors. This will provide a comprehensive EU policy framework as well as funding 
support for cooperation with third countries, to better match labour and skills needs in the 
EU, as well as being part of the EU’s toolbox for engaging partner countries strategically 
on migration. In parallel, the Commission will present in 2021 a ‘skills and talent’ set of 
proposals to further support Member States’ in meeting their labour migration needs. 

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