Proposal for a COUNCIL IMPLEMENTING DECISION setting out recommendations addressing identified common areas for improvement resulting from the 2024 thematic Schengen evaluation ‘Bridging national gaps: towards an effective EU return system through common solutions and innovative practices’
Date: 2024-12-16
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, EU migration policy, European cooperation, European security, Schengen Agreement, admission of aliens, foreign national, illegal migration, removal, return migration

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   EUROPEAN COMMISSION  Brussels, 16.12.2024  COM(2024) 589 final 2024/0326 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION setting out recommendations addressing identified common areas for improvement resulting from the 2024 thematic Schengen evaluation ‘Bridging national gaps: towards an effective EU return system through common solutions and innovative practices’  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  process  of  returning  third-country  nationals  with  no  legal  right  to  stay  in  the  Schengen 
area is complex, sensitive and involves a high number of actors, authorities and stakeholders. 
Significant  efforts  with  concrete results  have been made over the  last years to  build a well-
functioning EU return system in line with the objectives set out in the Pact on Migration and 
Asylum1.  The  implementation  of  the  EU  Strategy  on  Voluntary  Return  and  Reintegration2, 
the Operational Strategy for more effective returns of the Return Coordinator and the work of 
the  High-Level  Network  on  Returns supported  and  reinforced  the  coherence  of  Member 
States’ efforts. Nevertheless, there is still a fragmented approach among EU Member States’ 
return  systems  hampering  the  full  extent  of  EU  potential  for  more  effective  returns.  An 
important bottleneck in the return process relates to the coordination and coherence of actors 
and procedures at both national and European levels.  

On  17-18  October,  the  European  Council  stressed  the  importance  of  a  comprehensive 
approach  to  migration,  including  implementing  adopted  EU  legislation  and  application  of 
existing legislation, in order to best address the current challenges. The European Council also 
called for determined action at all levels to facilitate, increase and speed up returns from the 
European  Union,  using  all  relevant  EU  policies,  instruments  and  tools.  A  more  effective 
implementation  of  the  current  legislation  on  return  and  further  work  towards  a  common 
approach to return support a faster and more efficient implementation of the Pact. 

Furthermore, in the political guidelines for 2024-2029, President von der Leyen called for a 
new  common  approach  on  returns.  This  entails  establishing  a  new  legislative  framework  to 
speed  up  and  simplify  the  return  process,  while  ensuring  that  returns  are  conducted  in  a 
dignified  manner.  It  also  entails  digitalising  case  management  and  moving  towards  mutual 
recognition of return decisions across the EU. The recommendations set out in this proposal 
for a Council implementing decision support the reflections and preparation of the upcoming 
proposals for a new legislative framework. 

Council  Regulation  (EU)  2022/922  established  an  evaluation  and  monitoring  mechanism  to 
verify Member States’ application of the Schengen acquis3. In accordance with Article 4(4) of 
the  Regulation,  the  Commission  may  organise  thematic  evaluations,  in  particular  to  assess 
issues across policy areas or practices of Member States and Schengen Associated Countries 
(collectively referred to as Member States) facing similar challenges. 
The Annual Evaluation Programme for 20244 to verify the application of the Schengen acquis 
in accordance with Council Regulation (EU) 2022/922  established that the Commission and 

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COM(2020) 609 final, Communication from the Commission to the European Parliament, the Council, 
the  European  Economic  and Social  Committee  and  the  Committee  of  the  Regions  on  a New  Pact  on 
Migration and Asylum. 
COM(2021)  120  final,  Communication  from  the  Commission  to  the  European  Parliament  and  the 
Council on the EU Strategy on Voluntary Return and Reintegration. 
Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation 
and monitoring mechanism to verify the application of the Schengen  acquis and repealing Regulation 
(EU) No 1053/2013. OJ L 160, 15.6.2022, p. 1–27. 
Commission  Implementing  Decision  C(2023)  5300  of  18  December  2023  establishing  the  annual 
evaluation programme for 2024 in accordance with Article 13(1) of Council Regulation (EU) 2022/922 
of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify 
the application of the Schengen acquis. 

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Member  States  would  carry  out  a  thematic  evaluation  in  2024  entitled  ‘Bridging  national 
gaps:  towards  an  effective  EU  return  system  through  common  solutions  and  innovative 
practices’.  This  evaluation  has  a  twofold  objective:  on  the  one  hand,  to  identify  the  key 
common obstacles limiting authorities’ ability to carry out the return of third-county nationals 
without  a  legal  right  to  stay,  and  on  the  other  hand,  to  build  on  common  areas  for 
improvement where common EU solutions and practices would bring added value.  

In  line  with  these  objectives,  the  thematic  evaluation  analysed  the  main  bottlenecks  and 
possible  solutions  in  the  national  return  systems,  focusing  on  the  key  stages  of  the  return 
process:  

Initiation of the return process; 
Identification of third-country nationals; 

• 
• 
•  National and European interagency cooperation; 
•  Voluntary return and enforcement of returns. 

Considering that the effective return of third-country nationals with no right to stay in the EU 
requires  adequate  and  proactive  planning,  including  for  the  development  of  short,  medium 
and  long-term  capabilities,  as  well  as  efficient  coordination,  the  thematic  evaluation  paid 
particular attention to strategic and horizontal processes. These relate to the coordination and 
coherence of actors and procedures at both national and European levels, which are essential 
processes for a well-functioning Schengen area. The results of the evaluation aim at providing 
a  joint  response  to  returns  to  foster  further  coordination  and  coherence,  while  upholding 
fundamental rights safeguards, with a view to maximising the potential of the existing tools 
and the European legal framework. 

The thematic evaluation takes into account the important role of an effective return system 
within European Integrated Border Management, as defined in the European Border and 
Coast  Guard  Regulation5.  Furthermore,  following  the  entry  into  operation  of  the  renewed 
Schengen Information System6 and the new functionalities supporting return procedures, the 
thematic  evaluation  looks  into  the  effective  use  of  alerts  on  return  and  refusals  of  entry 
introduced  in  the  Schengen  Information  System,  as  well  as  national  capabilities  to 
effectively  exchange  information  and  cooperate  with  other  Member  States,  with  a  view  to 
enforcing  return  decisions  and  preventing  unauthorised  secondary  movements  within  the 
Schengen area.  

In  line  with  the  specific  nature  of  the  thematic  evaluation  (i.e.  long-term  engagement 
throughout 2024, requiring specific expertise on several related areas), a dedicated evaluation 
team was established by the Commission in December 2023, composed of 15 Member State 
experts, two Commission experts, as well as observers from the European Union Agency for 
Fundamental  Right  and  the  European  Border  and  Coast  Guard  Agency  (Frontex).  The 
evaluation  team  developed  a  dedicated  questionnaire,  which  was  shared  with  all  Member 
States,  in  order  to  identify  common  areas  for  improvement  and  good  practical  solutions  at 
national  and  EU  level  within  the  above-mentioned  key  stages  of  return,  which  could 
contribute  to  a  well-functioning  Schengen  area.  The  evaluation  team  also  looked  at  the 
existing  periodic  Schengen  evaluation  reports  in  the  field  of  return  to  identify  any  common 
challenges or best practices falling under the scope of the thematic evaluation. Similarly, the 

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Article  3(1)(i)  of  Regulation  (EU)  2019/1896  of  the  European  Parliament  and  of  the  Council  of  13 
November  2019  on  the  European  Border  and  Coast  Guard  and  repealing  Regulations  (EU)  No 
1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1–131. 
Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on 
the use of the Schengen Information System for the return of illegally staying third-country nationals. 

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evaluation team considered relevant European Migration Network queries. Furthermore, five 
focus  group  discussions  took  place  between  the  evaluation  team  and  Frontex  in  order  to 
leverage  the  Agency’s  expertise  and  insights  in  view  of  further  understanding  where  key 
challenges may lie and where best practices have been observed. 

Based on the answers to the dedicated questionnaire that the evaluation team received at the 
end  of  June  2024,  Italy,  the  Netherlands  and  Norway  were  identified  for  visits  during 
September-October 2024. They were selected  taking  into account  practices that due to  their 
nature could not be effectively assessed remotely, as well as considering the need to avoid an 
additional burden on those Member States having been evaluated recently and those subject to 
periodic  evaluations  in  2024-2025,  while  ensuring  a  balanced  and  representative  approach. 
Furthermore, videoconferences were carried out on specific topics to seek further information 
and clarifications with Austria and Denmark.  

In  accordance  with  Article  20(4)  first  sub-paragraph  of  Council  Regulation  (EU)  2022/922, 
the Commission adopted an evaluation report7, which sets out common areas for improvement 
and best practices identified during the thematic evaluation. 

On  this  basis,  this  proposal  contains  recommendations  to  address  common  areas  for 
improvement,  which  should  be  read  alongside  the  best  practices8  outlined  in  the  thematic 
evaluation report9.  

In line with the conclusions of the European Council on 17-18 October 2024, it is crucial that 
all necessary measures are taken swiftly to enforce return decisions issued by the authorities 
of  Member  States.  The  proposed  recommendations  are  to  support  these  efforts  and  to  offer 
valuable  insights  for  the  new  common  EU  approach  to  returns,  including  the  future  EU 
legislative  framework,  and  to  ensure  coherence  with  the  work  on  return  implementing  the 
Pact on Migration and Asylum.  

Within two months of the adoption by the Council of the Implementing Decision setting out 
the  recommendations,  each  Member  State  will  be  invited  to  submit  an  action  plan  to  the 
Commission  for  the  review  of  its  adequacy,  as  well  as  to  the  Council,  in  accordance  with 
Articles 24 and 23(3) of Council Regulation (EU) 2022/922. These action plans shall contain 
remedial  measures  to  implement  all  the  recommendations,  aimed  at  establishing  effective 
operational  procedures  for  more  effective  returns.  In  particular,  Member  States  shall  also 
explain how they intend to implement the identified best practices that they consider relevant 
and to clarify why the remaining practices cannot be taken into account considering national 
legal and operational specificities. 

Member  States  should  report  to  the  Commission  and  the  Council  on  the  implementation  of 
their action plans. Reporting synergies will be sought with the existing action plan related to 
return (if still open). The Commission will present a general overview on the overall progress 
of  implementation  of  the  action  plans  in  the  State  of  Schengen  report  in  2026,  ensuring 
coherence  with  the  ongoing  efforts  to  further  develop  the  common  EU  approach  to  returns, 

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C(2024) 8200. 
Recital 21 of Council Regulation (EU) 2022/922 on the establishment  and operation of an evaluation 
and  monitoring  mechanism  to  verify  the  application  of  the  Schengen  acquis  defines  best  practices  as 
‘new and innovative measures that significantly improve the implementation of the common rules and 
that could be put into practice by other Member States’. 
These are practices considered by the evaluation team as improving the  effectiveness of the EU return
 system. These have not undergone a compliance check with EU law, since Member States remain fully 
responsible for ensuring compliance with the applicable rules. 

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including  as  part  of  implementing  the  Pact  on  Migration  and  Asylum.  Additionally,  the 
Commission will continue supporting the implementation of best practices. 

• 

Consistency with existing policy provisions in the policy area 

The recommendations serve to implement correctly and effectively the existing provisions of 
the Schengen acquis. 

• 

Consistency with other Union policies 

The recommendations have links with other key Union policies concerning a well-functioning 
Schengen area of freedom, security and justice without internal frontiers, such as external and 
internal borders, visa, migration and asylum as well as internal security.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article  23(2)  and  Article  24  of  Council  Regulation  (EU)  2022/922  of  9  June  2022  on  the 
establishment  and  operation  of  an  evaluation  and  monitoring  mechanism  to  verify  the 
application of the Schengen acquis and repealing Regulation (EU) No 1053/2013. 

• 

Subsidiarity (for non-exclusive competence)  

Article 23(1) of Regulation (EU) 2022/922 requests the Commission to submit a proposal to 
the Council to adopt recommendations for remedial actions to be taken by Member States in 
light  of  the  findings  identified  in  the  evaluation  report.  Article  23(3)  of  Regulation  (EU) 
2022/922 requests that the evaluated Member States submit an action plan to the Commission 
and  the  Council  in  order  to  implement  all  the  recommendations.  Article  24  provides  that 
Article 23(1), (2) and (3) apply to thematic evaluations.  

Action at Union level is required to strengthen mutual trust between the Member States and to 
ensure  better  coordination  at  Union  level  in  order  to  guarantee  that  all  Schengen  rules  are 
applied correctly and effectively by the Member States. 

• 

Proportionality 

Article 23(2) in conjunction with Article 24 of Regulation (EU) 2022/922 mirrors the specific 
powers  of  the  Council  in  the  field  of  mutual  evaluation  of  the  implementation  of  Union 
policies within the area of freedom, security and justice.  

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

n.a. 

• 

Stakeholder consultations 

In  line  with  Article  20(1)  fourth  subparagraph  of  Regulation  2022/922,  the  draft  evaluation 
report was submitted to Member States for comments. 

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In  accordance  with  Article  20(4)  first  sub-paragraph  of  Council  Regulation  (EU)  2022/922, 
the  Commission  adopted  an  evaluation  report10,  in  accordance  with  the  opinion  of 
the Schengen Committee on 29 November 2024. 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

Fundamental rights 

The  protection  of  fundamental  rights  when  applying  the  Schengen  acquis  was  taken  into 
account during the evaluation process. 

BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

4. 

n.a. 

5. 

n.a. 

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C(2024) 8200. 

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2024/0326 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

setting out recommendations addressing identified common areas for improvement 
resulting from the 2024 thematic Schengen evaluation ‘Bridging national gaps: towards 
an effective EU return system through common solutions and innovative practices’ 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and 
operation  of  an  evaluation  and  monitoring  mechanism  to  verify  the  application  of  the 
Schengen  acquis  and  repealing  Regulation  (EU)  No  1053/201311,  and  in  particular  Article 
23(2) and Article 24 thereof,  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

The  European  Council  in  its  conclusion  of  17  October  2024  called  for  determined 
action  at  all  levels  to  facilitate,  increase  and  speed  up  returns  from  the  European 
Union,  using  all  relevant  EU  policies,  instruments  and  tools,  including  diplomacy, 
development, trade and visas. 

A  thematic  evaluation  of  Member  States’  practices  and  capabilities  to  ensure  the 
effective return of third-country nationals with no right to stay in the territories of the 
Member States applying the Schengen acquis was carried out in 2024 by an evaluation 
team composed of experts from Member States, the Commission, as well as observers 
from  the  European  Union  Agency  for  Fundamental  Rights  and  the  European  Border 
and Coast Guard Agency (Frontex). The thematic evaluation aimed at identifying key 
common  obstacles  limiting  national  authorities’  ability  to  carry  out  effective  returns 
and  identifying  common  Union  solutions  and  practices  that  would  bring  an  added 
value  to  a  common  EU  system  for  return.  The  thematic  evaluation  also  aimed  at 
reinforcing the capacity of Member States in fulfilling their legal obligations to return 
third-country  nationals  without  a  legal  right  to  stay,  and  to  contribute  to  a  uniform, 
harmonised and efficient implementation of the Schengen acquis, taking into account 
that return is key to ensure an effective and credible migration management, including 
to limit secondary movements, as well as to sustainably address some key threats for 
the internal security of the Schengen area.  

(3) 

Given  that  the  return  process  is  closely  linked  to  the  overall  implementation  of  the 
Schengen  acquis,  resulting  in  a  complex  process  where  a  high  number  of  actors, 
authorities  and  stakeholders  are  involved,  the  thematic  evaluation  focused  on  three 
different policy topics: return, protection of the external borders, and management of 
IT systems. The main objective of this approach was to assess if Member States take 
all  necessary  measures  to  enforce  return  decisions,  while  ensuring  the  respect  of  the 

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OJ L 160, 15.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/922/oj.  

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

fundamental  rights  of  the  third-country  nationals  concerned,  and  to  identify  possible 
actions to be taken to improve in these areas.  
Following the thematic evaluation, the Commission adopted a report12 containing the 
assessment  of  common  areas  for  improvement  and  listing  best  practices  identified 
during the thematic evaluation13. 

All  States  applying  the  Schengen  acquis  in  full  have  been  evaluated  as  part  of  this 
thematic evaluation in accordance with the methodology provided for in the Schengen 
evaluation guide set out in Commission Recommendation C(2023) 679014. 

The  evaluation  team  operated  under  the  coordination  of  lead  experts  from  the 
Commission  and  the  Member  States  (Sweden).  It  was  further  composed  of  a  second 
expert  from  the  Commission  and  national  experts  from  Austria,  Belgium,  Czechia, 
Denmark,  Estonia,  Finland,  Italy,  Latvia,  Liechtenstein,  Lithuania,  Norway,  Poland, 
Portugal,  Slovenia,  Spain  and  Switzerland.  Observers  designated  by  Frontex  and  the 
European Union Agency for Fundamental Rights supported the work of the evaluation 
team.  

The evaluation  team  developed a dedicated questionnaire and analysed the results  of 
past  Schengen  evaluation  reports  to  identify  common  challenges  and  best  practices 
relevant for the thematic evaluation. 

The  recommendations  set  out  in  this  Decision  and  the  best  practices  collected  and 
described in the report have been structured around three building blocks: (1) a well-
functioning  Schengen  system  requires  effective  return,  (2)  ensuring  effectiveness  at 
key  stages  of  the  return  process  between  national  authorities,  and  (3)  maximising 
national  efficiency  through  stronger  European  cooperation.  These  building  blocks 
need  effective  horizontal  planning,  including  for  adequate  capabilities,  streamlined 
procedures,  and  effective  coordination  both  at  national  and  Union  level,  including 
through the use of technology. 

The  thematic  evaluation  underscores  the  importance  of  return  as  a  key  part  of  the 
national strategies for European Integrated Border Management. Effective interagency 
cooperation  at  national  level  is  a  key  pre-requisite  for  a  well-functioning  national 
return system and consequently for a common European one. Achieving such a system 
requires  enhanced  information  exchange  for  more  efficient  and  effective  decision-
making,  through  the  best  use  of  information  available  to  authorities  at  national  level 
and  within  Union  large-scale  information  systems,  mainly  the  Schengen  Information 
System. 

(10)  Ensuring the swift initiation of the return process following the procedures connected 
to the end of legal stay is key to comply with the obligation to issue return decisions 
without delay to illegally staying third-country nationals. At the same time, all relevant 
fundamental rights safeguards need to be in place to ensure that third-country nationals 
are  subject  to  an  individual  assessment  that  takes  into  account  their  situation  and 
needs, as well as access to an effective remedy. The Schengen acquis on return gives 

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C(2024) 8200. 
These are practices considered by the evaluation team as improving the  effectiveness of the EU return 
system. These have not undergone a compliance check with EU law, since Member States applying the 
Schengen acquis remain fully responsible for ensuring compliance with the applicable rules. 
Commission Recommendation  C(2023) 6790  of 16 October 2023 on the establishment of a Schengen 
evaluation  guide  to  be  used  for  the  implementation  of  the  Schengen  evaluation  and  monitoring 
mechanism. 

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Member  States  a  margin  for  establishing  effective  operational  procedures  and 
modalities that respect fundamental rights.  

(11)  The identification of illegally staying third-country nationals is a necessary step for the 
effective implementation of the return procedure, including through the  effective use 
of all available tools and information at national and Union level. 

(12)  An effective return system requires the possibility for dignified and sustainable return 
on  a  voluntary  basis,  which  is  preferred  over  forced  return.  The  use  of  return 
counselling  and  of  available  reintegration  assistance  are  key  tools  to  encourage 
voluntary  return.  For  the  voluntary  return  system  to  be  reliable,  and  to  prevent 
absconding  and  secondary  movements,  the  effective  monitoring  of  third-country 
nationals ordered to leave is also necessary to ensure that they comply with their return 
obligations.  This  is  facilitated  by  the  functionalities  of  the  Schengen  Information 
System,  which  should  be  complemented  with  effective  measures  at  national  level  to 
achieve the desired effect. 

(13)  To  avoid  potential  security  implications,  it  is  vital  to  have  effective  procedures  and 
cooperation mechanisms between authorities at national and Union level to identify as 
early  as  possible  third-country  nationals  without  a  legal  right  to  stay  who  pose  a 
security threat, and to prioritise their return. For the same reason, effective cooperation 
between relevant authorities is needed to return third-country nationals without a legal 
right to stay who are serving a prison sentence. 

(14)  The  upgraded  Schengen  Information  System,  which  includes  alerts  on  return, 
reinforces  the  return  procedures  when  effectively  utilised,  including  through  the 
sharing  of  biometric  data  and  the  reporting  of  hits,  as  well  as  the  exchange  of 
supplementary information between Member States. 

(15)  An  effective  implementation  of  the  Schengen  acquis  and  of  existing  European  tools 
are  valuable  resources  for  further  enhancing  the  effectiveness  of  returns.  However, 
additional  measures  and  enhanced  practices  should  be  followed  by  Member  States 
applying the Schengen acquis to maximise their impact. 

(16)  The  report  identified  common  areas  for  improvement  faced  by  Member  States  when 
preparing  or  carrying  out  procedures  to  return  third-county  nationals  without  a  legal 
right to stay, which form the basis for the recommendations  set out in this Decision. 
The  report  also  contains  numerous  best  practices  to  support  Member  States  in 
addressing existing challenges.  

(17)  Pursuant to Article 23(3) of Regulation (EU) 2022/922, Member States are to submit 
to the Commission and the Council an action plan to implement the recommendations. 
This  should  be  done  within  two  months  after  this  Decision  enters  into  force.  The 
action  plan  should  provide  for  adequate  remedial  measures  to  address  the  areas  for 
improvement. Building on the vast range of best practices collected and described in 
the report, Member States should consider their added value towards a more effective 
Union  return  system  and  the  feasibility  to  implement  them,  in  consultation,  where 
relevant, with the Member States who have already implemented them. Member States 
are encouraged to identify in the individual action plans those best practices that they 
intend to implement and to explain why the other best practices cannot be taken into 
account considering national legal and operational specificities.  

(18)  Pursuant  to  Article  23(3),  second  subparagraph,  of  Regulation  (EU)  2022/922,  the 
Commission, after consultation with the evaluation team, is to review the adequacy of 
the  action  plans  within one  month  of  its  submission.  Pursuant  to  Article  23(3),  third 

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and  fourth  subparagraphs,  of  that  Regulation,  Member  States  are  to  report  to  the 
Commission  and  the  Council  on  the  implementation  of  their  action  plan  every  six 
months  from  the  date  of  notice  of  receipt  of  the  review  of  the  action  plan,  until  the 
Commission considers the action plan fully implemented. 

RECOMMENDS:  

that the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, the Republic 
of  Croatia,  the  Czech  Republic,  the  Kingdom  of  Denmark,  the  Republic  of  Finland,  the 
Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Republic of 
Iceland,  the  Kingdom  of  Spain,  the  French  Republic,  the  Italian  Republic,  the  Republic  of 
Latvia,  the  Republic  of  Lithuania,  the  Grand  Duchy  of  Luxembourg,  Hungary,  the 
Principality  of  Liechtenstein,  the  Republic  of  Malta,  the  Kingdom  of  the  Netherlands,  the 
Kingdom  of  Norway,  the  Republic  of  Poland,  the  Portuguese  Republic,  Romania,  the 
Republic  of  Slovenia,  the  Slovak  Republic,  the  Kingdom  of  Sweden  and  the  Swiss 
Confederation,  

I. 

  A  WELL-FUNCTIONING  SCHENGEN  SYSTEM  REQUIRES  EFFECTIVE 

RETURNS 

Return as a key part of Schengen governance 

1. 

2. 

Ensure  the  effective  implementation  of  return  as  an  integral  part  of  the  relevant 
components  of  national  strategies  for  European  Integrated  Border  Management, 
promoting the effective  cooperation  between  all  involved stakeholders,  as provided 
for  in  Articles  3  and  8(6)  of  Regulation  (EU)  2019/189615  of  the  European 
Parliament and of the Council; 

Establish and update on a regular basis the capability development and contingency 
plans for return, based on the outcome of a risk analysis, as provided for by Articles 
9(3) and (4) and 29(7) of Regulation (EU) 2019/1896; 

II. 

ENSURING  EFFECTIVENESS  AT  KEY  STAGES  OF  THE  RETURN 
PROCESS BETWEEN NATIONAL AUTHORITIES 

3. 

4. 

15 

16 

Effectively initiating and managing return procedures 

Ensure  that  a  return  decision  is  issued  without  delay  to  any  third-country  national 
staying illegally on the territory of a Member State in accordance with Article 6(1) of 
Directive 2008/115/EC of the European Parliament and of the Council16, and taking 
into account the possibilities provided for in Article 6(6) of that Directive; 

Assess  the  national  appeal  system  for  return  decisions  (notably  on  number  of 
instances,  appeal  deadlines,  conditions  for  granting  automatic  suspensive  effect, 
deadlines  for  judicial  review)  and  take  measures  that  results  in  prompt  appeal 
procedures  contributing  to  the  overall  effectiveness  of  return,  in  accordance  with 

Regulation (EU) 2019/1896 of the European Parliament and of the  Council of 13 November 2019 on 
the  European  Border  and  Coast  Guard  and  repealing  Regulations  (EU)  No  1052/2013  and  (EU) 
2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj). 
Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008  on 
common  standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-country 
nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj). 

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5. 

6. 

7. 

8. 

9. 

Article  8(1)  of  Directive  2008/115/EC,  while  ensuring  full  respect  of  the 
fundamental  rights  of  the  persons  concerned,  in  accordance  with  Article  13  of  that 
Directive; 

Ensure the enforcement of return decisions in an effective and proportionate manner 
in  accordance  with  Article  8(1)  of  Directive  2008/115/EC,  by  taking  measures  to 
deal in a swift manner with subsequent applications for international protection that 
do not contain new facts or circumstances, and which are lodged for the sole purpose 
of delaying or hampering removal; 

Digital  Return  Case  Management  System  to  ensure  coordination  between 
authorities (including large-scale IT systems) 

Develop and further improve the national return case management system in light of 
the  reference  model  for  national  return  case  management  systems  (RECAMAS) 
established  by  Frontex,  taking  into  account  developments  of  digital  solutions  for 
migration  and  asylum  procedures  at  EU  level  and  making  full  use  of  the  support 
available  from  the  Agency  pursuant  to  Article  48(1),  point  (c)  of  Regulation  (EU) 
2019/1896; 

Identification procedure, including through the use of large-scale IT systems 
supporting the application of the Schengen acquis 

Maximise the use of all available tools (such as national and EU databases, support 
of the liaison  officers’ network)  and incentives (such as offering adapted voluntary 
return and reintegration assistance, vocational training) to facilitate the identification 
of third-country nationals subject to return, in view of enforcing a return decision in 
accordance with Article 8(1) of Directive 2008/115/EC; 

Credible return systems: coherence between voluntary and forced returns  

Use  all  available  tools  to  promote  the  possibilities  for  dignified  return  for  third-
country nationals subject to return, to give full effect to the preference for voluntary 
return  in  accordance  with  Article  7(1)  and  recital  10  of  Directive  2008/115/EC,  by 
providing for systematic return counselling and enhanced return assistance, including 
the assistance provided in line with Article 48(1), point (a), of the Regulation (EU) 
2019/1896; 

Establish  appropriate  mechanisms  to  monitor  the  compliance  with  an  obligation  to 
return, so as  to  enforce the return decision if no  period for voluntary departure has 
been  granted  or  if  the  obligation  to  return  has  not  been  complied  with  within  the 
granted period for voluntary departure, in accordance with Article 8(1) of Directive 
2008/115/EC; 

10. 

Ensure that the exit of a third-country national subject to return is systematically and 
swiftly registered in the Schengen Information System, and enter an alert on refusal 
of entry as relevant, by effectively carrying out exit checks at the external borders in 
accordance with Article 8(3) points (g) and (h) of Regulation (EU) 2016/399 of the 
European  Parliament  and  of  the  Council17  and  ensuring  that  supplementary 

17 

Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union 
Code on the rules governing the movement of persons across borders (OJ L 77, 23/03/2016, p. 1, ELI: 
http://data.europa.eu/eli/reg/2016/399/oj). 

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information  is  shared  via  SIRENE  in  line  with  Article  5  of  Regulation  (EU) 
2018/1860 of the European Parliament and of the Council18;  

Prioritised return of criminals and those who pose a security threat 

Take  all  necessary  measures  to  return  as  soon  as  possible  third-country  nationals 
subject to a return decision not granting a period for voluntary departure, as well as 
third-country  nationals  who  are  serving  a  prison  sentence,  without  prejudice  to 
national criminal law, in accordance with Article 8(1) of Directive 2008/115/EC; 

Include systematically in the alerts on return contained in the Schengen Information 
System  information  about  the  threat  posed  by  an  illegally  staying  third-country 
national  to  public  policy,  public  security  or  national  security,  in  accordance  with 
Article  4(1),  point  (o),  of  Regulation  (EU)  2018/1860,  as  soon  as  that  threat  is 
established; 

Ensure the full use of the possibilities provided for by Article 7(4) and Article 11(2) 
of Directive 2008/115/EC concerning the granting of a period for voluntary departure 
and  the  length  of  entry  bans,  in  cases  concerning  illegally  staying  third-country 
nationals that pose a risk to public policy, public security or national security; 

11. 

12. 

13. 

III.  MAXIMISING  NATIONAL  EFFICIENCY  THROUGH 

STRONGER 

EUROPEAN COOPERATION 

14. 

15. 

18 

19 

20 

Enhancing  exchange  of  information  for  more  efficient  and  effective  decision-
making  

Ensure that the national competent authorities involved in examining the conditions 
and taking decisions related to the entry, stay and return of third-country nationals, as 
well  as  those  carrying  out  checks  on  third-country  nationals  who  are  illegally 
entering or staying on the territory of the Member States, have full access to data and 
the right to search such data in the Schengen Information System in accordance with 
Article 17 of Regulation (EU) 2018/1860, Article 34 of Regulation (EU) 2018/1861 
of the European Parliament and of the Council19 and Article 44 of Regulation (EU) 
2018/1862 of the European Parliament and of the Council20; 

Ensure that swift national procedures are in place to exchange information between 
relevant authorities so that alerts on return are entered in the Schengen Information 
System without delay following the issuance of a return decision, in accordance with 
Article 3(1) of Regulation (EU) 2018/1860; 

Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on 
the  use of  the  Schengen  Information  System for  the  return of  illegally  staying  third-country  nationals 
(OJ L 312, 7.12.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1860/oj). 
Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on 
the  establishment,  operation and use  of the Schengen Information System (SIS) in the field of border 
checks,  and  amending  the  Convention  implementing  the  Schengen  Agreement,  and  amending  and 
repealing  Regulation 
14,  ELI: 
http://data.europa.eu/eli/reg/2018/1861/oj). 
Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on 
the  establishment,  operation  and  use  of  the  Schengen  Information  System  (SIS)  in  the  field  of  police 
cooperation  and  judicial  cooperation  in  criminal  matters,  amending  and  repealing  Council  Decision 
2007/533/JHA,  and  repealing  Regulation  (EC)  No  1986/2006  of  the  European  Parliament  and  of  the 
(OJ  L  312,  7.12.2018,  p.  56,  ELI: 
Council  and  Commission  Decision  2010/261/EU 
http://data.europa.eu/eli/reg/2018/1862/oj). 

(EC)  No 

1987/2006 

7.12.2018, 

(OJ  L 

312, 

p. 

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16. 

17. 

18. 

Ensure that available biometric data referred to in Article 4(1), points (u) and (v), of 
Regulation (EU) 2018/1860 is included in alerts on return contained in the Schengen 
Information System, to improve identification; 

Operational support through Frontex 

Fully  utilise  the  operational  support  available  through  Frontex  provided  for  in 
Articles  48  and  Article  50  of  Regulation  (EU)  2019/1896  to  enhance  the 
effectiveness  of  return  activities;  for  this  purpose,  adapt  national  systems  and 
processes to remove obstacles. 

Use  the  operational  support  available  through  Frontex  to  deploy  return  teams 
provided  for  in  Articles  52  of  Regulation  (EU)  2019/1896,  while  ensuring  full 
operational  integration  in  accordance  with  Articles  54  and  82  of  Regulation  (EU) 
2019/1896,  to  respond  to  the  lack  of  human  resources  that  hinder  effective  and 
speedy  enforcement  of  returns,  especially  in  cases  where  a  large  number  of  third-
country nationals are subject to the return process at the same time. 

Done at Brussels, 

For the Council 
The President 

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