Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and of the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC
Date: 2025-03-11
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, foreign national, illegal migration, repatriation grant, residence permit, return migration, right of asylum, third country

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   EUROPEAN COMMISSION  Strasbourg, 11.3.2025  COM(2025) 101 final/2 2025/0059 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and of the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC  
 
 
EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

• 

Reasons for and objectives of the proposal 

The  European  Union  is  putting  in  place  an  integrated,  sustainable  and  comprehensive  EU 
migration  policy,  one  that  is  both  fair  and  firm.  The  Pact  on  Migration  and  Asylum1  (‘the 
Pact’) agreed between the European Parliament and the Council in 2024 equips the EU with 
the  legal  framework  and  tools  to  further  enhance  the  effective  management  of  its  external 
borders and set up fast and efficient procedures for asylum. Work is progressing at full speed 
to ensure its comprehensive implementation by mid-2026.  

Establishing an effective and common EU system for returns is a central pillar of the Pact on 
Migration  and  Asylum.  For  any  migration  management  system  to  function,  it  must  have  a 
credible and effective policy on return. When people with no right to stay remain in the EU, 
the entire migration and asylum system is undermined. It is unfair to those who have played 
by  the  rules,  it  undercuts  Europe’s  drive  to  attract  and  retain  talent  and  ultimately  erodes 
public support for open and tolerant societies. It incentivises illegal arrivals and exposes those 
staying  illegally  to  precarious  conditions  and  exploitation  by  criminal  networks.  At  present, 
only  around 20% of third-country nationals  ordered to  leave the Union actually  do. Persons 
ordered to leave frequently escape the authorities, often moving on to other Member States. In 
addition,  the  current  patchwork  of  27  different  national  return  systems,  each  with  its  own 
approach  and  procedures,  undermines  the  effectiveness  of  returns  at  the  Union  level.  This 
calls for a thorough overhaul of the way return policy is legislated in the EU.  
President  von  der  Leyen’s  2024-2029  Political  Guidelines2  announced  the  intention  to  put 
forward  a  new  common  approach  on  returns,  with  a  new  legislative  framework  aimed  at 
speeding up and simplifying the return process. 

The  European  Council  has  consistently  emphasised  the  need  for  a  unified,  comprehensive, 
and effective policy on return and readmission3. In October 2024, it invited the Commission 
to submit a new legislative proposal on returns, as a matter of urgency4.  In the framework of 
the Pact, asylum applications will be processed more quickly and more efficiently. For this to 
be  sustainable,  returns  need  to  follow  promptly,  to  prevent  our  systems  from  being 
overwhelmed,  stop  people  being  left  in  limbo  and  obstruct  attempts  at  onward  movement 
within the EU.  
At  EU  level,  return  policy  is  regulated  by  Directive  2008/115/EC5 (‘the  Return  Directive’). 
Several  challenges  currently  undermine  the  efficiency  and  effectiveness  of  returns, ranging 
from inefficient procedures at national level to insufficient cooperation from third countries in 
readmitting their own nationals. The return process often involves many authorities and actors 

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5 

The  New  Pact  on  Migration  and  Asylum  available  at:  https://eur-lex.europa.eu/legal-
content/EN/TXT/HTML/?uri=CELEX:52020DC0609. 
Political Guidelines for the Next European Commission 2024-2029 ‘A Union that Strives for More. My 
Agenda for Europe’. 
Conclusions  of  the  European Council  of  9  February  2023, EUCO  1/23;  Conclusions  of  the  European 
Council of 17 October 2024, EUCO 25/24. 
Conclusions  of  the  European Council  of  9  February  2023, EUCO  1/23;  Conclusions  of  the  European 
Council of 17 October 2024, EUCO 25/24. 
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. 

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and  has  become  very  complex  in  many  Member  States. The  current  Return  Directive 
leaves significant  room  for  national  legislation  to  implement  the  EU  rules  and  for  national 
courts to  interpret  them.  Member States report issues linked to  a lack of clarity of the  rules 
and  protracted  administrative  proceedings,  which  undermine  due  process.  This  creates 
ambiguity  and uncertainty  for  the  third-country  nationals  concerned,  as  well  as  for  the 
authorities managing the returns. The lack of cooperation of third-country nationals, who may 
resist, flee or otherwise frustrate return efforts, makes it difficult to enforce return decisions. 
Member States face challenges in keeping track of third-country nationals during the different 
phases of the return procedures, which slows down or prevents progress.  

While there has been progress in the uptake of voluntary return, these efforts are hampered by 
a lack of a credible forced return policy. In addition, third-country nationals ordered to leave 
in one Member State and fleeing to another currently face few consequences: in most Member 
States,  the  return  process  starts over  with  a  new  return  decision  instead.  This  undermines 
decisions taken with due process in the first Member State, with a circumvention in practice 
of the return system.  

National systems and practices lack coherence, and there is currently no systematic structured 
process to identify and speed up the return of third-country nationals posing security risks.   

The many divergences between Member State practices also include different approaches to 
the  readmission  process.  This  has  a  direct  impact  on  the  coherence  of  the  EU  and  Member 
States’ approach to readmission towards third countries.  

Reforming the EU’s return rules is an essential component of the Union’s ongoing efforts to 
reform  migration  management  rules.  More  than  this,  effective,  modern  procedures  for 
returning  unsuccessful  asylum  claimants  and  visa-overstayers  are  fundamental  to  safeguard 
the EU’s free movement space without internal borders.  

Since the adoption of the Return Directive in 2008, the area of freedom, security and justice 
and the Union's migration policy has seen a major reform. EU law in the area of migration has 
moved from legislation with minimum standards to bringing Member States' practices closer, 
including the development of operational and practical actions and concrete support to a more 
coherent  approach  at  EU  level. The  Commission  has  proactively  sought  to  streamline 
practices  to  improve  effectiveness  of  returns,  including  through  Recommendations  in 20176 
and  20237,  and  the  2021  EU  Strategy  on  Voluntary  Return  and  Reintegration8. The 
Commission appointed a Return Coordinator supported by a High-Level Network for Return. 

Reforming  the  return  rules  has  been  a  political  priority  and  objective  since  2018,  when  the 
Commission  presented  its  proposal  to  recast  the  current  Return  Directive9.  While  the new 
Return  Border  Procedure  Regulation10 entered  into  force  as  part  of  the  Pact  legislation,  the 
general return rules are still governed by the 2008 Return Directive, which is no longer fit for 

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Commission Recommendation (EU) 2017/2338 of 16 November 2017 establishing a common ‘Return 
Handbook’ to be used by Member States' competent authorities when carrying out return-related tasks. 
C/2017/6505. OJ L 339, 19.12.2017, pp. 83–159. 
Commission  Recommendation  (EU)  2023/682  of  16  March  2023  on  mutual  recognition  of  return 
decisions  and  expediting  returns  when  implementing  Directive  2008/115/EC  C/2023/1763.  OJ  L  86, 
24.3.2023, pp. 58–64. 
Communication  from  the  Commission:  The  EU  Strategy  on  Voluntary  Return  and  Reintegration. 
Brussels, 27.4.2021. COM(2021) 120 final. 
Proposal for a Directive on common standards and procedures in Member States for returning illegally 
staying third-country nationals (recast). Brussels, 12.9.2018. COM(2018) 634 final, 2018/0329 (COD). 
Regulation  (EU)  2024/1349  of  14  May  2024  establishing  a  return  border  procedure,  and  amending 
Regulation (EU) 2021/1148. PE/17/2024/REV/1. OJ L 2024/1349, 22.5.2024. 

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purpose.  This  proposal  replaces  the  Commission’s  proposal  for  a  Directive  on  common 
standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-country 
national,  COM(2018)  634  final,  2018/0329  (COD),  as  adopted  by  the  Commission  on 
12.9.2018,  which  is  withdrawn.  The  remaining  parts  of  the  2018  initiative  did  not  receive 
sufficient support for negotiations to be successfully pursued by the co-legislators and should 
therefore be withdrawn.  

This  proposal  aims  at increasing  the  efficiency  of  the  return  process  by  providing  Member 
States  with  clear, modern, simplified and common rules for managing  returns effectively.  It 
seeks  to  ensure  cooperation  with  the  authorities  by  third-country  nationals  through  a 
combination  of  obligations,  incentives  and  consequences  for  non-cooperation.  The  proposal 
also  seeks  to  prevent  circumvention  of  the  rules  and  suppress  unauthorised  onwards 
movement  within  the  Schengen  area.  The  proposal  seeks  to  ensure  that  when  someone  is 
ordered to leave the EU, they will leave the EU, either forcibly or voluntarily if the conditions 
allow, while respecting fundamental rights. In addition, the proposal seeks to equip Member 
States with common rules for identifying and speeding up the return of third-country nationals 
posing  a  security  risk.  It  also  embeds  for  the  first  time  readmission  as  part  of  the  return 
process.  Furthermore,  the  proposal  safeguards  the  fundamental  rights  of  returnees  through 
clear  procedural  safeguards,  ensuring  that  return  decisions  are  subject  to  scrutiny,  including 
the right  to  appeal  and the prohibition  of refoulement, with  due attention paid  to  vulnerable 
persons and the best interests of the child.  By closing loopholes in the process, the proposal 
will  prevent  situations  in  which  a  return  decision  issued  in  one  Member  State  can  be 
circumvented or significantly prolonged by moving to another Member  State. A mechanism 
for the recognition of return decisions introduced in the proposal will support this objective.  

A robust and modern legal framework that is firm but fair, that respects fundamental rights, 
that equips the Union and Member States with the necessary tools to effectively return third-
country  nationals  with  no  right  to  stay,  is  a  necessary  part  of  a  truly  European  migration 
system.  

• 

Consistency with existing policy provisions in the policy area 

This proposal is part of the comprehensive approach to managing migration as set out in the 
Asylum and Migration Management Regulation11 and complements the legislative framework 
of the Pact adopted in May 2024. A key aspect of the Pact legislation is to bring asylum and 
return  procedures  closer,  with  the  Asylum  Procedure  Regulation  and  the  Return  Border 
Procedure Regulation. This proposal complements the reform by adding common rules for the 
return of third-country nationals with no right to stay to the Union's legislative framework.  

This proposal aligns with some of the key novelties provided for in the legal acts composing 
the Pact. In doing so, it seeks to ensure a fair and transparent process for both third-country 
nationals  and  national  authorities.  For  instance,  age  assessment  of  minors  in  this  proposal 
mirrors the solution adopted in the Asylum Procedure Regulation. The proposal also provides 
for the appointment of a representative for unaccompanied minors to ensure that minors are 
appropriately  treated  throughout  the  migration  process  and  receive  appropriate  support. 
Moreover, the obligation of the third-country national to cooperate, as well as consequences 
for  non-cooperation  are  balanced  with a right  for  the  third-country  national  concerned  to  be 
informed of these obligations. This creates a process that is clear and fair for the third-country 
nationals and for national authorities.  

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Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum 
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing 
Regulation (EU) No 604/2013. OJ L 2024/1351, 22.5.2024. 

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This  proposal  also  aligns  with  the  reinforced  rules  of  the  legal  acts  composing  the  Pact 
concerning third-country nationals with no right to stay posing a security risk to ensure that all 
tools  at  Union  level  are  used  to  the  fullest  to  correctly  identify  such  third-country  nationals 
and ensure their swift and effective return.  

Regarding absconding, this proposal builds on some of the legislative solutions that are part of 
the  new  Reception  Conditions  Directive12,  adapted  to  the  return  context  to  ensure a  more 
coherent approach to countering absconding.  

The  proposal  provides  for  more  options  for  Member  States  to  jointly  manage  irregular 
movements  between  Member  States in  order  to  safeguard  the  area  without  internal  border 
controls.  

This proposal aims at bringing the return rules to the same level of ambition as the rest of the 
legal  framework  for  migration  and  border  management,  to  create  a  seamless  link  and 
continuity between the different stages of the migration management process in the Union.  

• 

Consistency with other Union policies 

This  proposal  also  gives  effect  to  the Strategic  guidelines  for  legislative  and  operational 
planning  within  the  area  of  freedom,  security  and  justice  adopted  by  the  Justice  and  Home 
Affairs  Council  on  12  December  2024.  According  to  the  Strategic  guidelines, the  European 
Union  and  its  Member  States  must  ensure  that  those  with  no  right  to  stay are  effectively 
returned.  To  this  end,  the  Strategic  guidelines  call  for  a  more  assertive  and  comprehensive 
approach to returns to be developed and implemented, by upgrading the legal framework as a 
matter of urgency, and our capacities, in combination with the use of the internal and external 
tools at our disposal. Finally, the Strategic guidelines recall that a successful return policy is a 
fundamental  pillar  of  a  comprehensive  and  credible  EU  asylum  and  migration  system  to 
which this Regulation seeks to give effect. 

This  proposal  is  also  consistent  with  the  Union  action  to  prevent  and  counter  illegal 
immigration, to manage the external borders of the Union and to preserve the Schengen area 
without internal border controls.  

This  proposal  is  in  line  with  the  EU  approach  of  establishing  balanced  and  comprehensive 
partnerships with third countries where migration should be built as a core issue, and to work 
closely  with  third  countries  on  return,  readmission  and  reintegration.  By  increasing  the 
effectiveness  of  its  return  system,  the  EU  will  be  able  to  make  better  use  of  improved 
readmission cooperation fostered with the use of all relevant policies and tools, including visa 
policy, trade, development and diplomacy.  

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 
• 

Legal basis 

In view of the content of the proposal, the legal basis is Article 79(2)(c) of the Treaty on the 
Functioning of the European Union.  

With  regard  to  variable  geometry,  this  proposal  follows  a  comparable  regime  to  the  current 
Return Directive. 

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Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down 
standards  for  the  reception  of  applicants  for  international  protection.  PE/69/2023/REV/1.  OJ  L 
2024/1346, 22.5.2024 

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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  the 
proposed  Regulation,  whether  it  will  implement  this  proposal,  which  builds  upon  the 
Schengen acquis, in its national law. 

With regards to Ireland, the current Return Directive presents a hybrid character, as reflected 
in its recitals. Following the same approach in the present proposal, 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  Ireland  in  respect  of  the  area  of  freedom,  security  and 
justice annexed to the Treaties, apply to this proposal. 

To the extent that the proposed Regulation constitutes a development of the Schengen acquis, 
its provisions are to apply to Iceland, Norway, Switzerland and Liechtenstein  in accordance 
with  the  respective  agreements  associating  those  countries  with  the  implementation, 
application and development of the Schengen acquis.  

• 

Subsidiarity  

The objective of the present  proposal  is  to  introduce a  common procedure for  return  and to 
address  key  shortcomings  and  challenges  encountered  by  Member  States  in  returning  third-
country  nationals  with  no  right  to  stay  in  the  Union.  Preventing  and  countering  illegal 
immigration and ensuring the return of those with no legal right to stay is a shared interest of 
Member States, which they cannot achieve alone. Currently, many of the shortcomings in the 
delivery  of  return  policy  are  the  consequence  of  a  lack  of  interaction  between  national 
systems, which can only be effectively addressed at EU level. 

The  purpose  is  to  equip  all  Member  States  with  a  seamless  and  efficient  procedure,  and  to 
avoid movements between Member States that frustrate the return process. 

The  new  procedure  should  be  governed  by  the  same  rules,  regardless  of  the  Member  State 
applying  them,  to  ensure  equity  and  a  unified  approach  in  the  treatment  of  third-country 
nationals with no right to stay and clarity and legal certainty for the individual. 

Furthermore,  establishing  rules  at  national  level  with  the  aim  of  reducing  incentives  for 
unauthorised movements between Member States with the purpose of frustrating return would 
not  efficiently  address  the  problem.  Therefore,  the  objectives  of  this  proposal  cannot  be 
sufficiently achieved by the Member States alone and can, by reason of the scale and effects 
of this Regulation, be better achieved at Union level. The Union must therefore act and may 
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty on European Union. 

• 

Proportionality 

In accordance with the principle of proportionality, as set out in Article 5 of the Treaty on the 
European Union, this Regulation does not go beyond what is necessary in order to achieve its 
objectives. 

As regards the objective to establish a common return procedure, including a mechanism for 
the recognition and enforcement of return decision, enhanced rules on people posing security 
risks, and clarity of procedural safeguards, all elements of the proposal are limited to what is 
necessary  to  set  up  and  enable  such  a  common  procedure,  to  streamline  and  simplify  it,  to 
ensure  equality  of  treatment  in  terms  of  rights  and  guarantees  in  compliance  with  EU  and 
international  law  for  third-country  nationals  and  avoid  discrepancies  in  national  procedures, 
which have the undesired consequence of encouraging unauthorised movements. The aim of 
these changes is to strike the right balance between treating third-country nationals fairly and 
ensuring  that  the  system  cannot  be  circumvented  by  third-country  nationals who  aim  at 

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preventing their removal from the Union. All necessary safeguards are in place to ensure that 
third-country nationals are treated in a humane and fair manner in full respect of the Charter.  

• 

Choice of the instrument 

The  Commission  is  proposing  a  Regulation.  Despite  the  presentation  of  the  2017  and  2023 
Recommendations and periodic Schengen evaluations to encourage Member States to use all 
the flexibilities of the Return Directive, important procedural obstacles persist. 

The  efforts  in  improving  the  effectiveness  of  implementation  have not  proven  sufficient  to 
address differences in the types of procedures used, the rights and procedural guarantees for 
third-country nationals, and to ensure a coherent approach among Member States. 

A Regulation  establishing a  common return system  in  the Union, whose  provisions shall be 
directly applicable, provides the necessary degree of uniformity and effectiveness needed for 
a  new  common  approach  on  returns.  A  Regulation  ensures  that  key  novelties  introduced  to 
increase  effectiveness,  such  as  procedural  rules,  obligations  on  the  third-country  nationals, 
and  mutual  recognition,  are  addressed  coherently  in  all  Member  States,  which  will  prevent 
distortive effects and loopholes in the functioning of the EU return system. Furthermore, this 
would align the rules on the return of illegally staying third-country nationals to the specific 
ones set in the Return Border Procedure Regulation. 

3.  RESULTS  OF  EX-POST  EVALUATIONS,  STAKEHOLDER  CONSULTATIONS 
AND IMPACT ASSESSMENTS 

• 

Ex-post evaluations/fitness checks of existing legislation 

Expert level  discussions  in  the Return Contact  Group chaired by the Commission gathering 
Member State experts, the Fundamental Rights Agency and the European Border and Coast 
Guard Agency (‘Frontex’) have since the entry into force of the Return Directive analysed the 
interpretation  of  specific  elements  of  the  Directive.  This  has  over  the  years  allowed  the 
Commission  to  have  a  clear  overview  of  the  most difficult elements  when  it  comes  to  the 
interpretation  and  application  of  the  Return  Directive. The  Readmission  Expert  Group  and 
dedicated  country  working  groups  organised  by  Frontex  have  regularly  discussed  and 
analysed the challenges in the readmission process.  
Periodic Schengen evaluations and the 2024 thematic Schengen evaluation on returns13 have 
provided a detailed picture of the current return system. Thanks to the peer-to-peer approach, 
a  team  composed  of  Member  States  and  Commission  experts,  supported  by  EU  agencies, 
evaluates every Member State and Schengen Associated Country fully applying the Schengen 
acquis at least once every seven years. These evaluations have often pointed to specific issues 
in national law transposing the Return Directive and have allowed the Commission to gain an 
overview of the key challenges linked to the implementation of the current Directive.  

The proposal is also informed by the preliminary results of the study “Gaps and needs of EU 
law in the area of return”, commissioned by the Directorate-General for Migration and Home 
Affairs. The study led by a consortium of the ICF, in collaboration with the Migration Policy 
Institute  (MPI  Europe),  the  European  Policy  Centre  (EPC),  and  the  Odysseus  Network,  has 
provided  high  quality  analyses  of  possible  options  for  the  new  legislative  framework  on 
return, based on in-depth consultations through surveys, workshops and interviews with key 
stakeholders.  While  the  study  will  only  conclude  later  in  2025,  the  ongoing  consultation 

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Schengen thematic evaluation report – Bridging national gaps: towards an effective EU return system.

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process  in  the  context  of  the  study  and  the  preliminary  results  have  been  instrumental  in 
informing the proposal.  

The  Commission  maintains  regular  consultations  with  Member  States'  practitioners, 
international  organisations  and  non-governmental  organisations through 
the  European 
Migration Network Return Expert Group (EMN-REG). The ongoing work of EMN-REG has 
provided  a  valuable  practical  evidence  base,  ensuring  that  the  proposal  is  grounded  in  real-
world experience. The EMN-REG plays a vital role by facilitating continuous cooperation and 
sharing best practices in the field of return and reintegration. Through regular workshops and 
seminars,  EMN-REG  addresses  key topics  such  as  return  counselling,  voluntary  return  and 
reintegration,  return  of  vulnerable  groups,  and  alternatives  to  detention.  The  EMN-REG 
structure  has  allowed  for  continuous  feedback,  feeding  into  the  policy  options  for  this 
proposal.  

The  proposal  has  been  informed  by  several  EU-financed  (ongoing)  research  projects  in  the 
field  of  return  and  irregular  migration.  In  particular,  Measuring  Irregular  Migration  and 
related  Policies  (MIrreM)  on  irregular  migration  in  general  and  De-centring  the  Study  of 
Migrant  Returns  and  Readmission  Policies  in  Europe  and  Beyond  (GAPS),  Motivations, 
experiences  and consequences of returns and readmissions policy:  revealing and developing 
effective  alternatives  (MORE)  and  Finding  Agreement  in  Return  (FAIR)  on  return, 
reintegration and readmission. These research projects bring together academics, civil society, 
governments and international organisations to, amongst other things, look into regularisation, 
barriers/enablers  to  international  cooperation  on  return,  motivations,  experiences  and 
consequences  of returns and readmissions policy and human rights  aspects  in  voluntary and 
forced return.  
The  substitute  Impact  Assessment  of  the  recast  Return  Directive14  proposal  made  by  the 
European  Parliament  and  the  European  Parliament  Implementation  report  on  the  Return 
Directive15 have been carefully considered when elaborating the new proposal.  

A detailed account of the consultation process and evidence feeding into this proposal is set 
out in a Commission Staff Working Document that will be published soon.  

• 

Stakeholders consultations 

The proposal has been informed by consultations of a broad range of stakeholders, including 
Member  States,  European 
international  organisations,  non-governmental 
institutions, 
organisations (NGOs), civil society, research entities, and third countries. 

Between October 2024 and February 2025, the Commission intensified the already close and 
ongoing  consultation  with  key  stakeholders  ranging  from  Member  States,  experts  and 
practitioners in  the  area  of  return  and  civil  society.  The  consultations  occurred  at  political, 
strategic, and technical level, to ensure that the realities and needs of all relevant parties have 
been considered. In that context, stakeholders shared with the Commission relevant resources 
and targeted input.  

The  ongoing  work  of  EMN-REG  has  provided  a  valuable  practical  evidence  base,  ensuring 
that  the  proposal  is  grounded  on  concrete  experiences  and  practices. Through  regular 
workshops  and  seminars,  EMN-REG  has  in  the  past  year  addressed  topics  such  as  mutual 
recognition, return  counselling,  voluntary  return  and  reintegration,  return  of  vulnerable 
groups,  and  alternatives  to  detention.  The  EMN-REG  has  since  November  2024  been  used 

14 
15 

https://www.europarl.europa.eu/thinktank/en/document/EPRS_STU(2019)631727. 
Texts adopted - Implementation report on the Return Directive - Thursday, 17 December 2020 . 

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also  in  a  targeted  manner  to  sound  the  views  of  the  group,  particularly  with  regards  to 
vulnerable persons in the return process.  

The  High-Level  Network  for  Return  chaired  by  the  EU  Return  Coordinator  has  also 
conducted  targeted  discussions  in  September  2024  and  in  January  2025,  notably  about 
different policy options and considerations for the proposal.  

The Commission organised several dedicated sessions on the future legislation in the area of 
return  at  the  European  Migration  Forum  in  November  2024,  which  allowed  for  a  further 
sounding of views and ideas particularly from civil society. 

The  Commission  expert  group  on  migrants  also  held  a  dedicated  discussion  on  the  future 
return legislation on 15 January 2025.  

In the past year, the Council under the leadership of the rotating Presidencies has organised 
numerous discussions on the future legislation in the area of return at technical, strategic and 
ministerial level.  

An intense consultation process from November 2024 to February 2025 was organised in the 
context of the study “Gaps and needs of EU law in the area of return”, commissioned by the 
Directorate-General  for  Migration  and  Home  Affairs.  The  study  led  by  a  consortium  of  the 
ICF, in collaboration with the Migration Policy Institute (MPI Europe), the European Policy 
Centre  (EPC),  and  the  Odysseus  Network,  has  allowed  for  in-depth  consultations  through 
surveys, workshops and interviews with key stakeholders.  

Finally, as work on the proposal intensified, the Commission has received numerous position 
papers, notes and analyses pointing out challenges, problems and suggesting solutions, all of 
which  have  been  duly  considered  and  taken  into  account  in  the  context  of  preparing  the 
proposal. 

A detailed account of the consultation process and evidence feeding into this proposal is set 
out in a Commission Staff Working Document that will be published soon.  

• 

Collection and use of expertise 

The Commission has made use of the expertise gathered from the many networks and expert 
groups active in the area of return including the European Migration Network Return Expert 
Group (EMN-REG), the Return Directive Contact Group, the Readmission Expert Group, the 
High-Level Network for return chaired by the EU Return Coordinator, the experts working in 
the context of the study "Gaps and needs of EU law in the area of return".  

Moreover,  the  Commission  has  taken  into  to  account  the  many  papers,  position  papers  and 
research material that has been transmitted to the Commission particularly in the past months 
as work on the proposal intensified.  

• 

Impact assessment 

While no impact assessment was carried out, due to the urgency of proposing new rules in the 
area  of  return,  the  proposal  is informed  by  the  wide  range  of  consultations,  studies  and 
evaluations as set out above. 

A  Commission  Staff  Working  Document, setting out  the  consultation  process  leading  up  to 
the  proposal,  as  well  as  an  analysis  of  some  of  the  key  policy  options considered,  will  be 
published soon.  

• 

Regulatory fitness and simplification 

The  proposal  seeks  to  simplify  and  streamline  the  current  legal  framework,  which  has  been 
further  developed  by  the  jurisprudence  of  the  Court  of  Justice  of  the  European  Union  and 

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national courts, including, resulting in a high level of complexity in the implementation of the 
rules.  

The obligation to cooperate will reduce the administrative burden on Member States, as third-
country nationals will be obliged to actively participate in the return process by providing all 
the necessary information and to remain continuously present and available. A mechanism for 
the  recognition  and  enforcement  of  return  decisions  will  avoid  duplication  of  efforts  across 
Member States and multiple assessments for the same third-country national. Furthermore, the 
EU  Return  Order  will  facilitate  the  exchange  of  information  necessary  to  recognise  other 
Member States’ return decisions.   

• 

Fundamental rights 

This  proposal  respects  fundamental  rights  and  observes  the  principles  recognised,  in 
particular,  by  the  Charter  of  Fundamental  Rights  of  the  European  Union16,  as  well  as  the 
obligations stemming from international law, in particular from the Geneva Convention on the 
Status  of  Refugees17,  the  European  Convention  for  the  Protection  of  Human  Rights  and 
Fundamental Freedoms18, the International Covenant for Civil and Political Rights, the United 
Nations  Convention  against  Torture19,  and  the  United  Nations  Convention  on  the  Rights  of 
the Child20. 

This proposal ensures that returns are conducted in a manner that respects human dignity, the 
right to life, the prohibition of torture and of inhuman and degrading treatment or punishment, 
the  right  of  liberty  and  security,  the  right  to  family  and  private  life,  including  protection  of 
personal data, protection in the event of removal and expulsion, notably the principle of non-
refoulement and protection against collective expulsions, non-discrimination and the right to 
an effective remedy.  

The right to liberty is protected through the strict circumscription of the provided recourse to 
detention:  detention  is  justified  only  on  specific  grounds  clearly  defined  in  the  Regulation, 
when it proves necessary and proportionate, on the basis of an individual assessment of each 
case subject to judicial review. The Regulation also frames the use of alternatives to detention 
as, while alternatives to detention are less invasive than detention, such measures nevertheless 
entail restrictions of liberty. The proposal guarantees that the best interests of the child should 
be of primary consideration when applying this Regulation. Special rules apply for minors in 
the  return  process,  especially  as  regards  detention  conditions.  Moreover,  some  of  the  key 
novelties  brought  by  the  Pact  legislation,  notably  when  it  comes  to age  assessment  of 
minors and  the  practice  of  appointing  a  representative  to  accompany  an  unaccompanied 
minor, are now introduced also for the return procedure through this Regulation. The proposal 
also excludes unaccompanied minors and families with minors from return to countries where 
there is an agreement or arrangement in place. By reinforcing rules on third-country nationals 
posing security risks, the proposal also promotes the right to security.  

4. BUDGETARY IMPLICATIONS 

As  set  out  in  the  accompanying  legislative  financial  and  digital  statement,  the  investments 
required  at  the  EU  level  and  Member  States  level  are  compatible  with  the  2021-2027 

16 
17 
18 
19 
20 

Charter of Fundamental Rights of the European Union, OJ C 326, 26 October 2012, pp. 391-407. 
Geneva Convention on the Status of Refugees, 1951, United Nations Treaty Series. 
European Convention on Human Rights, 1950, Council of Europe. 
International Covenant on Civil and Political Rights, 1966, United Nations. 
Convention on the Rights of the Child, 1989, United Nations. 

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Multiannual Financial Framework (MFF) and can be financed during the 2021-2027 MFF for 
the  Home  Affairs  Funds,  by  making  use  of  the  Asylum,  Migration  and  Integration  Fund 
(AMIF)21
 . Funding beyond the year 2027 will fall within the negotiations of the next MFF. It 
is  proposed  to  reinforce  Frontex’s  return  budget,  if  needed,  in  2025,  2026  and  2027  by 
deploying resources internally within the Frontex budget depending on actual consumption. 

Member  States  will  be  able  to  make  use  of  the  funds  allocated  under  their  national 
programmes  under  the  Asylum,  Migration  and  Integration  Fund to  support  any  investments 
needed in the infrastructure and procedures for the implementation of this Regulation. Frontex 
can support Member States with staff and activities within its mandate, such as coordinating 
return operations, including by covering costs related to return operations, chartering airplane 
or booking tickets for returns by commercial flights, for the same purpose. 

5. OTHER ELEMENTS 

• 

Implementation plans and monitoring, evaluation and reporting arrangements 

The Commission will regularly monitor the application of the Regulation, including through 
the  Schengen  evaluation  mechanism.  The  Commission  should report  on  the  implementation 
of the Regulation five years from the entry into force of the Regulation.  

• 

Detailed explanation of the specific provisions of the proposal 

The  key  objective  of  the  proposal  is  to  simplify  the  return  process  and  make  it  clearer  for 
national authorities and for the third-country nationals concerned.  

The proposal takes the form of a Regulation and thereby ensures that the rules are of direct 
applicability in Member States and that returns are managed uniformly across the Union. This 
creates clarity and predictability and reduces the scope for circumventing the return system in 
one Member State by moving to another Member State.  

Common  procedural  rules  for  the  issuance  of  return-related  decisions: the  proposal 
includes common rules for the issuance of return decisions and imposition of entry bans. This 
ensures third-country nationals are treated equally in all Member States and helps ensure that 
divergences  between  Member  States  systems  cannot  be  exploited.  Definitions  have  been 
updated  in  the  light  of  the  practice  since  the  adoption  of  the  Return  Directive  and,  where 
applicable, have been aligned with the definitions in the newly adopted legal acts composing 
the  Pact,  ensuring  uniformity,  clarity  and  predictability  across  the  migration  process. The 
fundamental rights of returnees are safeguarded through clear procedural safeguards, ensuring 
that return decisions are subject to scrutiny, including the right to appeal and the prohibition 
of refoulement, with due attention paid to unaccompanied minors and the best interests of the 
child. 

Reinforcing  forced  and  incentivising  voluntary  return:  the  proposal  clarifies  when  the 
return  decision  should  be  enforced  through  removal,  and  defines  voluntary  return,  thus 
creating  clarity  and  predictability  for  both  the  authorities  responsible  and  third-country 
nationals.  This  in  turns  strengthens  voluntary  returns,  as  forced  return  becomes  a  clear  and 
credible instrument. The proposal clarifies the provisions on forced return monitoring. 

Procedural safeguards: the rules in this proposal shall always be implemented in full respect 
of the Charter of Fundamental Rights, including respect for the principle of non-refoulement, 
right to liberty, the right to an effective remedy and the best interests of the child. Timeframes 

21 

To the extent that activities will be financed by the AMIF thematic facility, these may be implemented 
under the direct, indirect or shared management. 

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for  lodging  appeals  against  return decisions  diverge  significantly  among  Member  States, 
ranging from a few days to one month or more. In compliance with fundamental rights, the 
timeframe needs to provide enough time to  ensure access  to  an effective remedy, while not 
delaying  return  procedures.  The  proposal  also  harmonises  the  rules  to  provide,  on  request, 
free legal assistance and/or representation, in line with the newly adopted Pact rules. Finally, 
the proposal aligns with the rules in the asylum acquis on age assessment of minors, as well 
as on appointing a representative to accompany unaccompanied minors in the return process. 
By providing  a link with the asylum process,  the proposal ensures  appropriate  and coherent 
treatment  of  minors  across  the  Union's  migration  management  rules,  bringing  clarity, 
simplification and predictability. 

Obligation to cooperate and right to information: lack of cooperation of the third-country 
national during the return procedures is a key issue obstructing return. This proposal therefore 
introduces  an  explicit  obligation  for  third-country  nationals  to  cooperate  with  national 
authorities  at  all  stages  of  the  return  procedure,  in  particular  for  establishing  and  verifying 
their  identity  in  view  of  obtaining  a  valid  travel  document,  providing  personal  information, 
travel and biometric information. The proposed rules outline what the cooperation entails and 
the consequences in case of non-cooperation, coupled with incentives to ensure cooperation, 
including return counselling and support for voluntary return. To ensure that the third-country 
national is properly informed about what is expected of him or her in the return process, the 
proposal includes the right of the third-country national to information, building on some of 
the practices in Member States, and mirrors similar provisions introduced through the Asylum 
Procedure Regulation. The system provides for the opportunity to challenge certain decisions 
and access legal remedies. 

Managing  and  preventing  absconding  and  unauthorised  movements  between  Member 
States: the proposal provides Member States with reinforced rules to ensure the availability of 
the third-country nationals  subject  to  return by  creating a system more  capable of assessing 
and  managing  the  risk  of  absconding.  It  introduces  an  exhaustive  list  to  assess  the  risk  of 
absconding,  ensuring  a  coherent  and  uniform  approach  among  Member  States,  and  an 
exhaustive list of detention grounds. The rules that complement the obligation to cooperate, to 
ensure  that  the  returnee  remains  available  throughout  the  return  process,  mirror  in  parts  the 
solutions agreed for the purpose of asylum provided for in the legal acts composing the Pact, 
for  instance  the  possibility  to  require  the  third-country  national  to  stay  within  a  specific 
geographical location such as a region.  

Returns  of  third-country  nationals posing  security  risks:  third-country  nationals  with  no 
right  to  stay  in  the  Union  and  posing  a  security  risk  must  be  quickly  identified  and  swiftly 
returned. The proposal therefore includes a general obligation for the responsible authorities 
to carry out the necessary verifications early in the return process to support identification and 
verify  any  possible  security  risk.  The  proposal  defines  certain  categories  of  third-country 
nationals  falling  within  the  scope  of  the  special  procedural  rules  for  individuals  posing  a 
security  risks,  for  instance  when  a  crime  of  a  certain  level  of  gravity  has  been  committed. 
These third-country nationals will be subject to forced return, longer entry bans and a separate 
detention ground. These rules mirror and align the rules on return with the newly adopted Pact 
legislation, as well as the Schengen Borders Code, all of which include rules to specifically 
deal  with  migrants  posing  security  risks. The  proposal  also  provides  clear  safeguards  to 
protect fundamental rights. 

A European Return Order: while Member States will still issue their own return decisions, 
the  proposal  introduces  a  European  Return  Order,  which  will  complement  Member  States' 
return decisions to provide clarity across Member States. The European Return Order, which 
is a common form that will include the key elements of the return decision, will be available 

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through  the  Schengen  Information  System.  Any  technical  changes  required  to  facilitate  the 
swift  access  to  the  European  Return  Order  will  be  addressed  in  the  context  of  any  future 
considerations  of  changes  to  the  Regulation  (EU)  2018/1860  on  the  use  of  the  Schengen 
Information System for the return of illegally staying third-country nationals. The European 
Return Order will be established through an implementing act. 

A mechanism for recognition and enforcement of decisions issued by another Member 
State:  this  proposal  introduces  an  important  procedural  simplification  by  providing  for  a 
mechanism to directly enforce a return decision issued by another Member State. Under the 
current  rules, most Member States have the obligation to  issue a new return decision to  the 
individual,  even  in  case  another  Member  State  has  already  issued  a  return  decision.  This 
proposal  provides  Member  States  with  the  tool  to  enforce  the  return  decision  previously 
issued  by  the  other  Member  State.  This  would  eliminate  a  step  in  the  process  and  avoid 
duplication.  By  1  July  2027,  the  Commission  will  review  whether  Member  States  have 
established  appropriate  legal  and  technical  arrangements  to  effectively  process  European 
Return Orders through the Schengen Information System and adopt an implementing decision 
that  will  make  it  mandatory  to  recognise  and  enforce  a  return  decision  issued  by  another 
Member  State.  The  proposal  is  complemented  by  limited  derogations.  Member  States  that 
issue a return decision are responsible for its enforcement and must use all appropriate means 
to  ensure  effective  return.  The  mechanism  for  recognition  of  return  decisions  issued  by 
another Member State is underpinned and facilitated by the European Return Order described 
above.  The  proposal  also  clarifies  the  process  and  relevant  procedural  safeguards  and 
remedies  based  on  the  lessons  learnt  from  the  implementation  of  the  2023  Commission 
Recommendation on mutual recognition of return decisions.  

Return  to  a  country  with  which  there  is  an  agreement  or  arrangement  for  return:  the 
proposal  introduces  the  possibility  to  return  third-country  nationals  who  have  been  issued  a 
return decision to a third country with which there is an agreement or arrangement for return 
(“return  hubs”).  The  possibility  to  return  irregular  migrants  to  those  countries  should  be 
subject  to  specific  conditions  to  ensure  the  respect  of  the  fundamental  rights  of  the  persons 
concerned. An agreement or arrangement can only be concluded with a third country where 
international  human  rights  standards  and  principles  in  accordance  with  international  law, 
including  the  principle  of  non-refoulement,  are  respected.  Such  agreement  or  arrangement 
must set out the modalities of transfer, as well as the conditions for the period during which 
the third-country national stays in the country, which may be in the short or longer term. Such 
agreement or arrangement shall be accompanied with a monitoring mechanism to assess the 
implementation  and  take  into  account  any  changing  circumstances  in  the  third  country. 
Unaccompanied minors and families with minors are excluded from return to a country with 
which there is an agreement or arrangement for return. 

Readmission as an integral part of the return process:  The proposal embeds readmission 
as an integral part of the return process.  It establishes a common procedural approach to the 
submission  of  readmission  requests,  including  through  a  standard  form  for  readmission 
requests  and  the  systematic  follow-up  of  return  decisions  with  readmission  requests.  It 
increases  transparency  and  coordination  in  the  approach  towards  third  countries  on 
readmission,  while  maintaining  flexibility  for  Member  States.  The  proposal  introduces 
elements for a more cohesive approach towards third countries, provides for a clear legal basis 
for  the  transfer  of  data  to  third  countries  for  the  purpose  of  readmission.  It  clarifies  that 
communication  with  non-recognised  third  country  entities  for  carrying  out  the  readmission 
procedure does not amount to recognition.  

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2025/0059 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a common system for the return of third-country nationals staying illegally 
in the Union, and repealing Directive 2008/115/EC of the European Parliament and of 
the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 79 (2), point (c), thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee22, 
Having regard to the opinion of the Committee of the Regions23, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The  Union,  in  constituting  an  area  of  freedom,  security  and  justice,  should  have  a 
common  policy  on  the  return  of  third-country  nationals with  no  right  to  stay  in  the 
Union.  An  effective  return  policy  is  a  key  component  of  a  credible  migration 
management system. 

This  Regulation  establishes  a  common  system  for  returning  third-country  nationals 
with  no  right  to  stay  in  the  Union  based  on  a  common  procedure  for  return  and 
readmission,  a  system  for  preventing  and  managing  the  risk  of  absconding  and 
cooperation based on mutual trust between Member States.  

To  contribute  to  the implementation  of  the  comprehensive  approach  set  out  in  the 
Regulation  (EU)  2024/1351  of  the  European  Parliament  and  of  the  Council24, a 
common  system  for effectively  managing of  the  return  of  illegally  staying  third-
country  nationals  should  be  put  in  place.  That  system  should  be  based on  integrated 
policy-making  to  ensure coherence  and  effectiveness  of  the  actions  and  measures 
taken  by 
their  respective 
competencies.  

its  Member  States  acting  within 

the  Union  and 

(4) 

The  European  Council  has  consistently  underlined  the  importance  for  determined 
action  at  all  levels  to  facilitate,  increase  and  speed  up  returns  from  the  European 

22 
23 
24 

OJ C [...], [...], p. [...] 
OJ C [...], [...], p. [...] 
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum 
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing 
Regulation (EU) No 604/2013 (OJ L 222, 22.5.2024, p. 1). 

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(5) 

(6) 

(7) 

Union.  The  European  Council  in  October  2024 invited  the  Commission  to  submit  a 
new legislative proposal, as a matter of urgency. 

The  Strategic  guidelines  for  legislative  and  operational  planning  within  the  area  of 
freedom, security and justice adopted by the Justice and Home Affairs Council on 12 
December  2024  recall  that  a  successful  return  policy  is  a  fundamental  pillar  of  a 
comprehensive  and  credible  Union  asylum  and  migration  system.  To  this  end,  the 
strategic  guidelines  call 
implement  a  more  assertive  and 
comprehensive approach to returns, by upgrading the legal framework as a matter of 
urgency. 

to  develop  and 

An effective return policy should ensure coherence with and contribute to the integrity 
of the Pact on Migration and Asylum and contribute to managing illegal immigration 
to the Union and prevent unauthorised movements between Member States of illegally 
staying  third-country  nationals  to  safeguard  the  area  without  internal  border  controls 
while respecting fundamental rights. 

The Union and its Member States have been increasing efforts to make return policies 
more  effective.  Despite  these  efforts,  the  existing  legal  framework  which  consists  of 
Council  Directive  2001/40/EC25  and  Directive  2008/115/EC26, 
longer 
corresponding  to  the needs  of  the  Union  migration  policy.  Since  the  adoption  of 
Directive  2008/115/EC  in  2008,  the  area  of  freedom,  security  and  justice  and  the 
Union's  migration  policy  has  considerably  evolved.  EU  law  in  the  area  of  migration 
has  moved  from  legislation  with  minimum  standards  to  bringing  Member  States' 
practices  closer. The Commission  sought to  reform  the return rules  in  2018 with  the 
proposal to recast the Return Directive27. The Commission has also sought to support 
Member  States 
through 
Recommendations (EU) 2017/233828 and (EU) 2023/68229. However, the limits of the 
current legal framework have been reached. 

the  flexibilities  of  Directive  2008/115/EC 

in  using 

is  no 

(8) 

A  common procedure  for  return  that  is  firm  and fair  should  be  set  up  to  ensure  that 
third-country nationals who do not, or no longer fulfil the conditions for entry, stay or 
residence on the territory of the Member States are returned in a humane manner and 
with  full  respect  for fundamental  rights  as  well  as  international  law.  Clear  and 
transparent  rules  applicable  in  all  Member  States  should  provide  certainty  for  the 
third-country national concerned and competent authorities. It is important to simplify, 

25 

26 

27 

28 

29 

Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum 
and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing 
Regulation (EU) No 604/2013 (OJ L 222, 22.5.2024, p. 1). 
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). 
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  common  standards  and 
procedures  in  Member  States  for  returning  illegally  staying  third-country  nationals  (recast).  Brussels, 
12.9.2018. COM(2018) 634 final, 2018/0329 (COD). 
Commission Recommendation (EU) 2017/2338 of 16 November 2017 establishing a common ‘Return 
Handbook’ to be used by Member States' competent authorities when carrying out return-related tasks 
(OJ L 339, 19.12.2017, p. 83, ELI: http://data.europa.eu/eli/reco/2017/2338/oj). 
Commission  Recommendation  (EU)  2023/682  of  16  March  2023  on  mutual  recognition  of  return 
decisions  and  expediting  returns  when  implementing  Directive  2008/115/EC  of  the  European 
58, 
of 
Parliament 
ELI: http://data.europa.eu/eli/reco/2023/682/oj. 

the  Council.  C/2023/1763.  OJ  L 

24.3.2023, 

and 

86, 

p. 

EN 

1 

  EN 

 
 
facilitate  and  speed  up  return  procedures  and  ensure  that  return  is  not  obstructed by 
unauthorised movements to other Member States.  

(9) 

The application of the rules pursuant to this Regulation should not affect the rules on 
access  to  international  protection  in  accordance  with  Regulation  (EU)  2024/1348  of 
the  European  Parliament  and  the  Council30.  Where  relevant,  the  rules  in  this 
Regulation are complemented by the specific rules linking negative asylum decisions 
and return decisions for issuance and for remedies in Regulation (EU) 2024/1348 and 
the  return  border  procedure  set  out  in  Regulation  (EU)  2024/1349  of  the  European 
Parliament and the Council31. 

(10)  This  Regulation  respects  the  fundamental  rights  of  third-country  nationals  and 
observes the principles recognised in particular by the Charter of Fundamental Rights 
of the European Union (the ‘Charter’) as well as the Geneva Convention relating to the 
Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 
January 1967 (the 'Geneva Convention'). It should be applied in compliance with the 
Charter, general principles of Union law and relevant international law. 

(11)  The principle of non-refoulement and the prohibition of collective expulsion provided 
for in Article 19 of the Charter should be respected when applying this Regulation. No 
one may be removed, expelled or extradited to a third country where there is a serious 
risk that he or she would be subjected to the death penalty, torture or other inhuman or 
degrading treatment or punishment. 

(12)  The  Member  State  on  whose  territory  the  illegally  staying  third-country  national 
is detected is responsible for ensuring his or her return. Upon detection of illegal stay, 
Member  States  should  swiftly  identify  the  third-country  national  and  verify  possible 
security risks by querying the relevant Union and national databases. Member States 
should check for any vulnerabilities and, where relevant, perform a health check.  

(13)  Competent authorities should verify compliance with the principle of non-refoulement 
on the basis of an individual assessment taking into account all relevant circumstances. 
The  third-country  national  concerned  should  submit  as  quickly  as  possible  evidence 
relating to his or her own personal circumstances. It should be possible to rely upon an 
existing thorough assessment of all relevant circumstance made in previous stages of 
the  procedure.  Any  change  in  circumstances  and  any  new  element  evidencing  a  risk 
should be examined. 

(14) 

It is necessary that Member States can cooperate more flexibly, including through new 
bilateral  agreements  or  arrangements,  and  in  a  more  targeted  manner  to  reduce 
movements of illegally staying third-country nationals across common internal borders 
while  at  the  same  time  safeguarding  the  Schengen  area  without  internal  border 
controls. 

(15)  Once  it  is  established  that  the  third-country  national  does  not  or  no  longer  fulfil  the 
conditions for entry, stay or residence on the territory of the Member States, a return 

30 

31 

Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing 
a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ 
L 222, 22.5.2024, p. 1, ELI: http://data.europa.eu/eli/reg/2024/1348/oj). 
Regulation (EU) 2024/1349 of the European Parliament and of the Council of 14 May 2024 establishing 
a  return  border  procedure,  and  amending  Regulation  (EU)  2021/1148  (OJ  L,  2024/1349,  22.5.2024, 
ELI: http://data.europa.eu/eli/reg/2024/1349/oj). 

EN 

2 

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decision  should  be  swiftly  issued  based  on  an  individual  assessment  taking  into 
account all facts and circumstances.  

(16) 

It  is  necessary  to  ensure  that  the  essential  elements  of  a  return  decision  issued  by  a 
Member  State  are  entered  in  a  specific  form  as  a  European  Return  Order  and  made 
available  in  the  Schengen  Information  System  together  with  the  alert  on  return  or 
through  bilateral  information  exchange  with  another  Member  State.  The  European 
Return  Order  should  in  turn  support  the  recognition  and  enforcement  of  return 
decisions  issued  by  another  Member  State  where  the  third  country  national  moves 
unauthorised to another Member State.  

(17)  Often,  and  especially  in  cases  where  there  is  no  cooperation  by  the  third  country 
national, it is difficult for the competent authorities to identify the country of return at 
the time of issuing the return decision. In such cases, the competent authorities should 
determine the country of return on the basis of the information available and indicate 
the most likely country or countries in the return decision.  

(18)  Where a third-country national present on the territory of a Member State is subject to 
an  enforceable  return  decision  from  another  Member  State,  that  decision  should  be 
recognised  and  enforced.  Recognition  and  enforcement  of  return  decisions  should 
facilitate  and  accelerate  the  return  process  on  the  basis  of enhanced  cooperation  and 
mutual  trust  between  Member  States.  They  can  also  contribute  to  deterring  irregular 
migration and discouraging unauthorised secondary movements  within the Union, as 
well as limiting delays in the return process. The remedy against the return decisions 
should be exercised in the issuing Member State.  

(19)  From  the  date  of  application  of  this  Regulation,  Member  States  should  put  in  place 
legal  and  technical  arrangements  to  ensure  that  the  European  Return  Order  can  be 
made available through the Schengen Information System. By 1 July 2027, just over 
one year after the date of application of Regulation (EU) 2024/1351, the Commission 
should review whether Member States have established appropriate legal and technical 
arrangements  to  effectively  process  European  Return  Orders  through  the  Schengen 
Information  System.  Based  on  that  review,  the  Commission  should  adopt  an 
implementing  decision  by  which  the  recognition  of  enforceable  return  decisions, 
supported by the European Return Order, should become mandatory.   

(20)  The effects of national return measures should continue to be given a Union dimension 
by  establishing  an  entry  ban  prohibiting  entry  into  and  stay  on  the  territory  of  all 
Member States. The length of an entry ban should be determined with due regard to all 
relevant  circumstances  of  an  individual  case  and  should  in  principle  not  exceed  ten 
years. When an illegally staying third-country national is detected during exit checks 
at  the  external  borders,  it  could  be  appropriate  to  impose  an  entry  ban  in  order  to 
prevent future re-entry and therefore to reduce the risks of illegal immigration.  

(21)  Third-country nationals  can be returned by coercive measures through removal or by 
voluntarily complying with the obligation to leave. The two types of return should be 
linked  to  avoid  gaps  in  the  system.  Whereas  cooperating  third-country  nationals 
should continue to be returned primarily through voluntary return, reinforced rules on 
removal seek to ensure a direct and immediate consequence in case the third-country 
national  does  not  respect  the  date  by  which  they  need  to  leave.    Coercive  measures 
should be subject to the principles of proportionality and effectiveness with regard to 
the means used and objectives pursued. 

EN 

3 

  EN 

 
(22)  Common  rules  are  necessary  to  ensure  that  third-country  nationals  posing  security 
risks  and  with  no  right  to  stay  in  the  Union  are  efficiently  identified  and  swiftly 
returned. It is necessary to ensure that relevant checks are carried out to identify and 
flag  third-country  nationals  with  security  risks  including by  relying  on  the  screening 
process as  set  out  in  Regulation  2024/1356  of  the  European  Parliament  and  of  the 
Council32.  For  third-country  nationals  posing  security  risks,  removal  should  be  the 
rule, and it should be possible to derogate from the general  rules in order to provide 
for  longer  entry  bans,  longer  detention  periods  and  from  the  use  of  the  use  of 
specialised detention  facilities  so  that  those who threaten  the  security  of  Union  are 
swiftly removed. 

(23)  New rules should extend the possibilities for Member States to ensure returns to third 
countries  through  additional  tools.  It  should  be  possible  to  put  in  place  specific 
agreements or arrangements with third countries for the purpose of providing Member 
States  with  more  options  for  returns  subject  to  the  conditions  that  the  international 
human right standards and the principle of non-refoulement are respected by the third 
country  concerned.  In  particular,  the  agreement  or  arrangement  should  set  out  the 
modalities of transfer, the conditions for the stay in the country, the modalities in case 
of onward return to the country of origin, the consequences in case of violations or of 
significant  changes  adversely  impacting  the  situation  in  the  third  country,  and  an 
independent  monitoring  body  or  mechanism  to  assess  the  implementation  of  the 
agreement  or  arrangement.Such  agreements  or  arrangements  will  constitute  an 
implementation of Union law for the purposes of Article 51 (1) of the Charter. 

(24)  A well-functioning Schengen area without internal borders relies on the effective and 
efficient application by the Member States of the relevant acquis. Council Regulation 
(EU)  2022/922  establishes  an  evaluation  and  monitoring  mechanism to  verify  the 
application of the Schengen acquis by means of periodic, unannounced and thematic 
evaluations, including in relation to the effective return of third-country nationals with 
no  right  to  stay  and  the  respect  of  fundamental  rights.  This  mechanism  allows  to 
swiftly identify deficiencies that could disrupt the correct functioning of the Schengen 
area and ensures that those deficiencies are duly addressed. 

(25)  The  best  interests  of  the  child  should  be  a  primary  consideration  of  Member  States 
when applying return procedures, in accordance with Article 24 of the Charter and the 
1989  United  Nations  Convention  on  the  Rights  of  the  Child.  In  assessing  the 
individual  best  interests  of  the  child,  Member  States  should,  in  particular,  take  due 
account  of  the  minor’s  well-being  and  social  development  in  the  short,  medium  and 
long term, safety and security considerations and the views of the minor in accordance 
with his or her age and maturity, including his or her background. The unaccompanied 
minor should be guided by a representative through all the steps of the return process.  

(26)  Where there are grounds for doubting as to whether or not the third-country national is 
a  minor, an  age  assessment  should  be  carried  out.  For  the  purpose  of  ensuring 
coherence across migration management in the Union the same procedure as provided 

32 

Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing 
the  screening  of  third-country  nationals  at  the  external  borders  and  amending  Regulations  (EC)  No 
767/2008,  (EU)  2017/2226,  (EU)  2018/1240  and  (EU)  2019/817  (OJ  L  2024/1356,  22.5.2024,  ELI: 
http://data.europa.eu/eli/reg/2024/1356/oj). 

EN 

4 

  EN 

 
 
for  in  Regulation  (EU)  2024/1348  of  the  European  Parliament  and  of  the  Council33 
should  be  followed. When  carrying  out  age  assessments,  Member  States  should  in 
particular take into account relevant guidelines from the European Union Agency for 
Asylum. 

(27)  To reinforce the effectiveness of the return procedure, clear responsibilities for third-
country nationals should be established. Third country-nationals should cooperate with 
the  authorities  at  all  stages  of  the  return  procedure.  Third-country  nationals  should 
remain available and provide the necessary information to prepare the return. In case 
to  cooperate  are  not  respected,  effective  and  proportionate 
the  obligations 
consequences  should  be  imposed,  including  for  instance  reduced  benefits  and 
allowances granted in accordance with national law, seizure of travel documents or the 
extension of the duration of an entry ban. The competent authorities should inform the 
third-country national of the different steps of return procedure, their obligations and 
the consequences of not complying with those obligations. 

(28)  This Regulation should not affect the possibility for Member States to impose, where 
applicable,  criminal  sanctions  in  accordance  with  national  criminal  law  to  third-
country nationals falling within the scope of this Regulation. 

(29)  A  set  of  legal  remedies  against  decisions  related  to  return  should  be  established  to 
guarantee  effective  protection  of  the  interests  of  the  individuals  concerned.  The 
necessary  legal  aid  should  be  made  available,  upon  request,  to  those  who  lack 
sufficient resources in cases of appeal or review before a judicial authority.  

(30)  To  improve  the  effectiveness  of  the  return  procedures,  while  ensuring  the  respect  of 
the right to an effective remedy in accordance with Article 47 of the Charter, appeals 
against  return  related  decisions  should  be  challenged  as  far  as  possible  before  one 
judicial  level. The  rules  of  this  Regulation related  to  appeals  and  suspensive  effect 
should comply with the right to an effective remedy as provided for in Article 47 of 
the Charter of Fundamental Rights. 

(31)  Member  States  should  be  provided  with  the  necessary tools  for  assessing,  managing 
and  preventing  the  risk  of  absconding.  Common  rules  should  streamline  the 
assessment  of  this  risk  in  individual  cases  and  seek  to  increase the  use  of  efficient 
alternatives to detention in Member States to effectively manage the return process. 

(32) 

It should be possible to impose detention when proportionate and necessary, following 
an  individual  assessment  of  each  case,  including  consideration  of  any  situation  of 
vulnerability,  only  for  the  purpose  of  preparing  return.  For  this  purpose,  detention 
could  be  imposed  when  there  is  a  risk  that  third-country  nationals  abscond,  when 
third-country nationals hamper or avoid return, or when they pose a security risk, or do 
not  comply  with  alternatives  to  detention,  or  detention  is  necessary  to  determine  or 
verify  identity  or  nationality.  The  authorities  should  act  with  due  diligence  and 
detention  should  be  maintained  only  for  as  short  a  period  as  possible  and  may  not 
exceed 24 months. Where national law provides for the detention of minors, the best 
interests of the child should be a primary consideration. Other less coercive alternative 
measures to detention should be used when they can be applied effectively to illegally 
staying third-country nationals.   

33 

Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing 
a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ 
L 222, 22.5.2024, p. 1). 

EN 

5 

  EN 

 
 
(33)  Returning third-country nationals who pose a security risk requires specific measures 
aimed at protecting the rights and freedoms of others. It should therefore be possible to 
detain such third-country nationals for a longer period, while any such detention has to 
comply with the principle of proportionality. 

(34)  Third-country  nationals  in  detention  should  be  treated  in  a  humane  and  dignified 
manner with respect for their fundamental rights and in compliance with international 
and  national  law,  taking  into  account the  practical  guidelines  from  the  Council  of 
Europe Committee for the prevention of torture and inhuman and degrading treatment. 
Detention should, as a rule, take place in specialised detention facilities or dedicated 
branches of other facilities. Prison accommodation may be resorted to when a Member 
State cannot provide for such facility keeping the third-country nationals separate from 
ordinary prisoners.   

(35)  The  grounds  for  detention  set  out  in  this  Regulation  are  without  prejudice  to  other 
grounds for detention, including detention grounds within the framework of criminal 
proceedings,  which  are  applicable  under  national  law  and  unrelated  to  the  third-
country national’s illegal stay.  

(36)  The  obligation  of any  State  to  readmit  its  own  nationals  represents  a  fundamental 
principle  of  state  sovereignty  and  international  cooperation.  The  duty  of  States  to 
readmit  their own nationals  is  considered a principle of customary international  law. 
The existence of such a duty is further evidenced by the consistent practice of States in 
implementing  readmission  agreements  and  arrangements,  combined  with  their 
recognition  of  this  principle  as  a  necessary  aspect  of  international  cooperation  in 
managing migration.  

(37)  A  systematic  and  coordinated  approach  to  readmission  among  Member  States is 
crucial  to  facilitate  the  return  of  third-country  nationals.  Insufficient  follow  up  to 
enforceable return decisions risks hampering  the efficiency of the common approach 
to  returns.  Enforceable  return  decisions  should  be  systematically  followed  by  all 
necessary measures to implement the return, including the submission of readmission 
requests to third countries’ authorities, in cases where nationality is in doubt or a travel 
document needs to be obtained.  

(38)  While  readmission  also  depends  on  the  cooperation  of  third  countries,  a  coherent 
approach  should  be  taken  among  Member  States  to  increase  the  efficiency  and 
effectiveness  of  readmission  procedures,  and  to  ensure  unity  among  Member  States. 
Transparency  and  coordination  on engagement  with  third  countries,  including  in  the 
context  of  negotiating  readmission  instruments, should  be  ensured  to  strengthen  a 
coherent  Union  approach.  To  ensure  effective  returns,  communication  with  relevant 
third country entities for the purpose of the readmission procedure should not amount 
to diplomatic recognition of the third-country entities concerned. 

(39)  Effective  return  procedures  rely  on  efficient  administrative  cooperation  and 
information  sharing between Member States. The exchange of information  including 
the sharing of data on the identity and nationality of the third-country nationals, their 
travel  documents  and  other  relevant  information  should  be  based  on  clear  rules, 
including those set out in Regulation (EU) 2018/1860 of the European Parliament and 

EN 

6 

  EN 

 
of the Council34. These rules should respect  the principles of data protection and the 
rights  of  the  individual  concerned,  ensuring  that  such  information  is  accurate  and  is 
only used for the purposes of return, readmission, and reintegration, and is protected 
against unauthorised access, disclosure, or use. 

(40)  Member  States  should  take  the  necessary  measures  to  ensure  competent  authorities 
respect  Directive  [...]  amending  Directive  2012/29/EU  establishing  minimum 
standards on the rights, support and protection of victims of crime to encourage crime 
reporting and foster trust in the justice system.  

(41)  Regulation (EU) 2016/679 of the European Parliament and of the Council35 applies to 
the processing of personal  data for the purposes  of this  Regulation.  Regulation  (EU) 
2018/1725 of the European Parliament and of the Council applies to the processing of 
personal data by the Union institutions and bodies for the purposes of this Regulation. 
In view of the important reasons of public interest behind readmission, the transfer of 
personal  data  of  third  country  nationals  subject  to  a  return  decision,  including  data 
relating  to  their  identity,  travel  documents,  other  relevant  data  as  well  as,  in  duly 
justified  cases,  data  concerning  their  criminal  convictions  and  health,  could  be 
necessary  for  the  purposes  of  readmission  and  reintegration.  Such  transfers  must  be 
carried out in accordance with Chapter V of Regulation (EU) 2016/679 and Chapter V 
of Regulation (EU) 2018/172536, as applicable, as well as with the principles of non-
refoulement, proportionality  and necessity  and the Charter of  Fundamental  Rights of 
the European Union. 

(42)  Obstacles  to  cooperation  and  communication  among  Member  State  authorities 
responsible  for  the  asylum  and  the  return  procedures  represent  a  key  structural 
challenge  for  a  more  efficient  return  process.  Competent  authorities  involved  in  the 
different  phases  of  the  return  process  should  work  and  coordinate  closely.  Where 
Member States designate law enforcement authorities as  competent  authorities under 
this  Regulation,  it  should  be  understood  that  this  designation  is  limited  to  such 
authorities  when  acting  in  their  capacity  of  enforcing  return  decisions.  Law 
enforcement authorities acting in their capacity as investigative authorities in criminal 
proceedings should not be covered by such a designation. 

(43)  A  common  system  for  returns  should  make  full  use  of  digital  systems  supporting 
managing  returns,  readmission  and  reintegration  either  operationally  managed  on 
Union  level  or  by  the  Member  States,  with  an  emphasis  on  efficient  administrative 
procedure, cooperation, information sharing and interoperability. 

(44)  The Union provides financial and operational support in order to achieve an effective 
implementation of this Regulation. To the extent that activities should be financed by 

34 

35 

36 

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, ELI: http://data.europa.eu/eli/reg/2018/1860/oj).   
Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). 
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the processing of personal data by the Union institutions, 
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 
39,  ELI: 
and  Decision  No 
45/2001 
http://data.europa.eu/eli/reg/2018/1725/oj). 

1247/2002/EC 

21.11.2018, 

(OJ  L 

295, 

p. 

EN 

7 

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the  Asylum  and  Migration  Fund  thematic  facility,  these  may  be  implemented  under 
the direct, indirect or shared management. Member States should make best use of the 
available Union financial instruments, programmes and projects in the field of return, 
in particular under Regulation (EU) 2021/1147 of the European Parliament and of the 
Council37, as well as of the operational assistance by the European Border and Coast 
Guard  Agency  according  to  Regulation  (EU) 2019/1896  of  the  European  Parliament 
and of the Council38. Such support should be used in particular for establishing return 
management  systems  and  programmes  for  providing  logistical,  financial  and  other 
material  or  in-kind  assistance  to  support  the  return  of  illegally  staying  third-country 
nationals. 

(45)  The  collection  and  analysis  of  reliable  and  comparable  statistics  on  return, 
readmission,  and  reintegration  are  essential  for  monitoring  the  effectiveness  of  this 
Regulation  and  for  identifying  areas  for  improvement,  as  they  provide  valuable 
insights into the efficiency of return procedures, the cooperation of third countries, and 
the  outcomes  of  reintegration  efforts.  Common standards  and  definitions  for  the 
collection  and  reporting  of  relevant  data  should  be  established  to  enable  the 
Commission  and  the  Member  States  to  assess  the  impact  of  this  Regulation  and  to 
contribute to making informed decisions on future policy developments. 

(46) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing  powers  should  be  conferred  on  the  Commission  to  establish  the 
European Return Order and the common form of readmission requests. Those powers 
should be exercised in accordance with Regulation (EU) No 182/2011 of the European 
Parliament and of the Council39. 

(47)  Directive  2001/40/EC,  2008/115/EC  and  Council  Decision  2004/191/EC should  be 

repealed. 

(48)  Since the objectives of the Regulation to improve the efficiency of return to safeguard 
the  area  without  internal  borders,  cannot  be  sufficiently  achieved  by  the  Member 
States but  can  rather,  by  reason  of  the  scale  or  effects  of  the  action  to  ensure  a 
common  and  coherent  approach  among  Member  States,  be  better  achieved  at  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. 

(49) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  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 it 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 

37 

38 

39 

and 

Integration  Fund 

Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing 
the  Asylum,  Migration 
(OJ  L  251,  15.7.2021,  p.  1,  ELI: 
http://data.europa.eu/eli/reg/2021/1147/oj). 
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). 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by the Member States 
of  the  Commission's  exercise  of  implementing  powers  (OJ  L  55,  28.2.2011,  p.  13,  ELI: 
http://data.europa.eu/eli/reg/2011/182/oj). 

EN 

8 

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fulfil  the  conditions  of  entry  in  accordance  with  Regulation  (EU)  2016/399  of  the 
European Parliament and of the Council40 - 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. 

(50)  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 (EU) 2016/399, 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/EC41; 
Ireland is  therefore not taking part in  the adoption of this  Regulation  and, subject  to 
the application of Article 4 of Protocol 19 on the Schengen acquis integrated into the 
framework of the European Union, annexed to the Treaty on European Union and the 
Treaty on the Functioning of the European Union, is not bound by it or subject to its 
application.  [Nevertheless,  to  the  extent  that  this  Regulation  does  not  constitute  a 
development  of  the  Schengen  acquis,  Ireland  has,  in  accordance  with  Article  3  of 
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 TEU and the TFEU, notified [, by 
letter of …,] its wish to take part in the adoption and application of this Regulation.] 

[or] 

[In addition, to the extent that this Regulation does not constitute a development of 
the  Schengen  acquis,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the 
position  of  the  United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom, 
security and justice annexed to the TEU and to the TFEU, and without prejudice to 
Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation 
and is therefore not bound by it  or subject to its application.] 

(51)  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 (EU) 2016/399 — a development of 
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 acquis42, which fall within the area referred to in Article 
1, point C, of Council Decision 1999/437/EC. 

(52)  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  (EU)  2016/399—  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 

40 

41 

42 

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 (Schengen Borders Code).  OJ L 
2016/399, 15.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/399/oj). 
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of 
the 
20,  ELI: 
Schengen 
of 
http://data.europa.eu/eli/dec/2002/192/oj). 
OJ L 176, 10.7.1999, p. 36, ELI: http://data.europa.eu/eli/agree_internation/1999/439(1)/oj. 

provisions 

7.3.2002, 

(OJ  L 

acquis 

64, 

the 

p. 

EN 

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acquis43,  which  fall  within  the  area  referred  to  in  Article  1,  point  C,  of  Decision 
1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC44. 

(53)  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 (EU) 2016/399 — 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,  point  C,  of 
Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Council  Decision 
2011/350/EU45. 

(54)  Where this Regulation refers to an obligation to leave the European Union, this should 
be understood as an obligation to leave the territory of all the Member States to which 
this Regulation applies, including in the light of the preceding recitals.  

(55)  The  European  Data  Protection  Supervisor  was  consulted  in  accordance  with  Article 

42(2) of Regulation (EU) 2018/1725 and delivered its opinion on […]. 

HAVE ADOPTED THIS REGULATION: 

Chapter I 
GENERAL PROVISIONS 

Article 1 
Subject matter 

1.  This  Regulation  establishes  a  common  system  for  the  return  of  third-country  nationals 
staying  illegally  in  the  Union,  in  accordance  with  fundamental  rights  recognised  in 
particular by the Charter of Fundamental Rights of the European Union (the 'Charter') as 
well  as  applicable  obligations  under  international  law,  including  on  refugee  protection 
and human rights. 

2.  The  objective  of  this  Regulation  is  to  ensure  the  effective  return  and  readmission  of 
illegally staying third-country nationals  in  line with the comprehensive approach as set 
out  in  Articles  3,  Article  4,  point  (h),  and  Article  5,  point  (e),  of  Regulation  (EU) 
2024/1351. 

43 
44 

45 

of 

the 

Schengen 

OJ L 53, 27.2.2008, p. 52. 
Council  Decision  2008/146/EC  of  28  January  2008  on  the  conclusion,  on  behalf  of  the  European 
Community, 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 
ELI: 
http://data.europa.eu/eli/dec/2008/146/oj). 
Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 
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,  relating  to  the  abolition  of  checks  at  internal  borders  and  movement  of  persons  (OJ  L  160, 
18.6.2011, p. 19, ELI: http://data.europa.eu/eli/dec/2011/350/oj). 

27.2.2008, 

acquis 

(OJ 

53, 

1, 

p. 

L 

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Article 2 
Scope 

1.  This Regulation applies to third-country nationals staying illegally on the territory of the 

Member States. 

2.  This  Regulation  shall  not  apply  to  persons  enjoying  the  right  of  free  movement  under 

Union law, as defined in Article 2, point (5), of Regulation (EU) 2016/399. 

Article 3 
Derogations 

1.  Member  States  may  derogate  from  the  provisions  of  this  Regulation  for  the  following 

third-country nationals: 

a. 

b. 

those subject to a refusal of entry at external borders in accordance with Article 14 
of Regulation (EU) 2016/399;  

those  who  are  apprehended  or  intercepted  by  the  competent  authorities  in 
connection with the illegal border crossing by land, sea or air of the external border 
of  a  Member  State  and  who  have  not  subsequently  obtained  an  authorisation  or  a 
right to stay in that Member State. 

2.  When  Member  States  apply  derogations  pursuant  to paragraph  1  of  this  Article,  they 
shall  rely  on  national  law  for  the  purpose  of  ensuring  the  return  of  these  categories  of 
third-country  nationals  and  respect  the  principle  of  non-refoulement.  The  following 
Articles shall  apply: Article 12(4)  and Article 12(5), Article 14(2), Article 14(6), point 
(c), Article 14(6), point (e), Article 34 and Article 35. 

Article 4 
Definitions 

For the purpose of this Regulation the following definitions shall apply: 

(1) 

(2) 

‘third-country national’  means any person  who is  not  a citizen of the Union  within 
the meaning  of Article 20 of the Treaty  on the Functioning  of the European Union 
and  who  is  not  a  person  enjoying  the  right  of  free  movement  under  Union  law,  as 
defined in Article 2, point 5, of Regulation (EU) 2016/399; 

‘illegal  stay’  means  the  presence,  on  the  territory  of  a  Member  State,  of  a  third-
country national who does not fulfil, or no longer fulfils, the conditions of entry, as 
set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or 
residence in that Member State; 

(3) 

‘country of return’ means one of the following: 

(a) 

(b) 

(c) 

(d) 

a third country that is the country of origin of the third-country national; 

a  third  country  that  is  the  country  of  formal  habitual  residence  of  the  third-
country national; 

a third country of transit on the way to the Union in accordance with Union or 
Member States' readmission agreements or arrangements; 

a third country, other than the one referred to in points (a), (b) and (g), where 
the third-country national has a right to enter and reside; 

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(e) 

(f) 

(g) 

a  safe  third  country  in  relation  to  which  the  application  for  international 
protection  of  a  third-country  national  has  been  rejected  as  inadmissible, 
pursuant to Article 59(8) of Regulation (EU) 2024/1348; 

the first country of asylum in relation to which the application for international 
protection  of  a  third-country  national  has  been  rejected  as  inadmissible, 
pursuant to Article 58(4) of Regulation (EU) 2024/1348; 

a third country with which there is an agreement or arrangement on the basis of 
which the third-country national is accepted, in accordance with Article 17 of 
this Regulation. 

‘return decision’ means an administrative or judicial decision, stating or declaring the 
stay of a third-country national to be illegal and imposing or stating an obligation to 
leave the European Union; 

‘removal’ means the enforcement of the return decision by the competent authorities 
through the physical transportation out of the territory of the Member State; 

‘voluntary  return’  means  compliance  by  the  illegally  staying  third-country  national 
with the obligation to leave the territory of the Member States within the date set out 
in the return decision in accordance with Article 13 of this Regulation; 

‘absconding’ means the action by which the third-country national does not remain 
available to  the competent  administrative or judicial authorities, such as  by leaving 
the territory of the Member State without permission from the competent authorities, 
for reasons which are not beyond the third-country national's control. 

‘entry ban’ means an administrative or judicial decision or act prohibiting entry into 
and stay on the territory of the Member States for a specified period; 

‘readmission  procedure’  means  all  steps  conducted  by  a  competent  authority  or, 
where  relevant,  by  the  European  Border  and  Coast  Guard  Agency  ('Frontex'),  in 
relation to the confirmation of nationality of a third-country national, the issuance of 
a  travel  document  for  the  third-country  national  and  the  organisation  of  a  return 
operation; 

‘readmission application’ means a request for the purpose of readmission submitted 
by a competent authority to a competent authority of a third country consisting of a 
request  for  confirmation  of  nationality  and  a  request  for  issuance  of  a  travel 
document, as relevant; 

‘return  operation’  means  an  operation  that  is  organised  or  coordinated  by  a 
competent  authority  by  which  third-country  nationals  from  one  or  more  Member 
States are returned; 

‘readmission  instrument’  means  a  legally  binding  or  non-binding  instrument, 
containing provisions on the cooperation between a Member State or the Union and a 
third  country  on  the  readmission  procedure,  such  as  readmission  or  other 
international agreements and arrangements; 

‘other  authorisation  offering  a  right  to  stay’  means  any  document  issued  by  a 
Member State to a third-country national authorising the stay on its territory, which 
is  not  a  residence  permit  within  the  meaning  of  Article  2,  point  16,  of  Regulation 
(EU)  2016/399  or  a  long-stay  visa  within  the  meaning  of  Article  2,  point  14,  of 
Regulation  (EU)  2018/1860  and  with  the  exception  of  the  document  referred  to  in 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

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Article  6  of  Directive  (EU)  2024/1346  of  the  European  Parliament  and  of  the 
Council46. 

Article 5 
Fundamental rights 

When  applying  this  Regulation,  Member  States  shall  act  in  full  compliance  with  relevant 
Union law, including the Charter, with relevant international law, with the obligations related 
to access to international protection, in particular the principle of non-refoulement, and with 
fundamental rights. 

Chapter II 
RETURN PROCEDURE 

SECTION 1 
START OF THE RETURN PROCEDURE 

Article 6 
Detection and initial checks 

1.  Member  States  shall  put  in  place  efficient  and  proportionate  measures  to  detect  third-
country nationals who are staying illegally on their territory in view of carrying out the 
return  procedure  and  to  carry  out  any  additional  verifications  needed,  including  any 
vulnerability and security verifications. 

2.  For  the  purpose  of  paragraph  1,  competent  authorities  shall  rely  upon  previous  checks 
carried  out  in  relation  to  third-country  nationals,  including  screening  pursuant  to 
Regulation (EU) 2024/1356 or equivalent checks under national law. 

3.  Where needed, additional security verifications for the purpose of carrying out the return 
procedure  under  this  Regulation  may  be  carried  out  based  on  a  risk  assessment  and 
objective criteria set out in national law. 

SECTION 2 
PROCEDURE ORDERING RETURN 

Article 7 
Issuance of a return decision 

1.  A return decision shall be issued to any third-country national staying illegally on their 
territory  by  competent  authorities  of  the  Member  States,  without  prejudice  to  the 
exceptions referred to in Article 8. 

2.  The return decision shall be issued in writing and give reasons in fact and in law as well 
as  information  about  available  legal  remedies  and  time-limits  to  seek  those  remedies. 
The return decision shall be notified to the third-country national without undue delay. 

3.  Competent authorities may decide not to provide or may decide to limit the information 
on  reasons  in  fact,  where  national  law  provides  for  the  right  to  information  to  be 

46 

Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down 
standards for the reception of applicants for international protection (OJ L, 2024/1346, 22.5.2024, ELI: 
http://data.europa.eu/eli/dir/2024/1346/oj). 

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restricted or where it is  necessary to safeguard public order, public security or national 
security  and  for  the  prevention,  investigation,  detection  and  prosecution  of  criminal 
offences. In such cases, the third-country national shall be informed of the essence of the 
grounds  on  which  a  return  decision  is  taken  for  the  purpose  of  access  to  an  effective 
remedy. 

4.  When a country of return cannot be determined on the basis of the information available 
to the competent authorities at the time of issuing the return decision, a return decision 
may indicate provisionally one or more countries of return. 

5.  The  third-country  national  shall,  upon  request,  be  provided  with  a  written  or  oral 
translation  of  the  main  elements  of  the  return  decision,  as  referred  to  in  paragraph  2, 
including  information  on  the  available  legal  remedies  in  a  language  the  third-country 
national understands or may reasonably be presumed to understand. 

6.  The return decision pursuant to paragraph 2 shall be issued in the same act or at the same 
time  and  together  with  the  decision  ending  a  legal  stay  of  a  third-country  national, 
without  affecting  the  procedural  safeguards  provided  for  under  Chapter  IV  and  other 
relevant provisions of Union and international law. 

7.  Upon issuance of the  return decision, its main elements shall be inserted into the form 
(‘European  Return  Order’)  established  pursuant  to  paragraph  8  and  shall  be  made 
available through the Schengen Information System in accordance with Regulation (EU) 
2018/1860 or through information exchange pursuant to Article 38. 

8.  The Commission shall adopt an implementing act to establish the form of the European 
Return  Order  referred  to  in  paragraph  7.  That  implementing  act  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 49(2). 

9.  This  Article  shall  not  affect  Member  States’  decisions  to  grant  at  any  moment  an 
autonomous  residence  permit,  long-stay  visa  or  other  authorisation  offering  a  right  to 
stay for compassionate, humanitarian or other reasons to a third-country national staying 
illegally on their territory. In such cases, an issued return decision shall be withdrawn or 
suspended for the duration of the validity of the residence permit, long-stay visa or other 
authorisation offering a right to stay. 

10.  The Member State that issues a return decision in accordance with this Article shall take 
all necessary measures in accordance with this Regulation to ensure effective return. 

Article 8 
Exceptions from the obligation to issue a return decision 

1.  Competent Member States authorities may decide not to issue a return decision in one of 

the following cases where the third-country national is: 

a. 

b. 

c. 

transferred to another Member State in accordance with the procedure provided for 
in Article 23a of Regulation (EU) 2016/399; 

to  another  Member  State  pursuant 

transferred 
to  bilateral  agreements or 
arrangements  or  based  on cooperation  between  Member  States  in  accordance  with 
Article 44; 

a person whose illegal stay is detected in connection with border checks carried out 
at  exit  at  the  external  border  in  accordance  with  Article  8  of  Regulation  (EU) 
2016/399 or equivalent checks pursuant to national law, where justified on the basis 
of  the  specific  circumstances  of  the  individual  case  and  in  compliance  with  the 

EN 

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principle  of  proportionality  and  the  rights  of  defence,  and  avoiding  as  much  as 
possible to postpone the departure of the third-country national concerned. 

2.  A return decision shall not be issued in cases where the third-country national is holding 
a valid residence permit,  a long-stay visa or other authorisation  offering  a right to  stay 
issued by another Member State or is the subject of a pending procedure for renewing a 
residence permit, long-stay visa or other authorisation offering a right to stay in another 
Member State. 

3. 

In  cases  referred  to  in  paragraph  2,  the  Member  State  shall  require  the  third-country 
national to go to the territory of that other Member State immediately. Where the third-
country  national  does  not  comply,  or  where  the  third-country  national’s  immediate 
departure  is  required  for  reasons  of  public  policy,  public  security  or  national  security, 
Member  States  may  request  cooperation  from  the  other  Member  States  pursuant  to 
Article 44 or issue a return decision in accordance with Article 7. 

4.  A  return  decision  shall  not  be  issued  in  cases  where  the  third-country  national  is  the 
subject of an enforceable return decision issued by another Member State. In this case, 
the procedure described in Article 9 shall apply. 

Article 9 
Recognition and enforcement of return decisions issued by another Member State 

1.  The  Member  State  where  the  third-country  national  is  illegally  staying  (‘enforcing 
Member State’) may recognise an enforceable return decision issued to that third-country 
national  by  another  Member  State  (‘issuing  Member  State’)  pursuant  to  Article  7(1), 
based on the European Return Order referred to in Article 7(7), and it shall on this basis 
order the removal pursuant to Article 12.  

2.  By  1  July  2027,  the  Commission  shall  adopt  an  implementing  decision  for  the 
application  of  paragraph  3,  based  on  an  assessment  of  whether  the  legal  and  technical 
arrangements put in place by the Member States to make available the European Return 
Order through the Schengen Information System referred to in Article 7(7) are effective. 
The Commission shall inform the European Parliament and the Council of the results of 
its  assessment.  The  implementing  decision  shall  be  adopted  in  accordance  with  the 
procedure referred to in Article 49(2). 

3.  As of the publication of the implementing decision taken in accordance with paragraph 
2, Member States  shall recognise enforceable  return decisions issued by  other Member 
States  pursuant  to  Article  7(1)  to  third-country  nationals  illegally  present  on  their 
territory based on the European Return Order referred to in Article 7(7), and they shall 
order their removal in accordance with Article 12.   

4.  For the purposes of applying paragraph 3, a Member State may decide not to recognise 
or  enforce  a  return  decision  of  the  issuing  Member  State  where  the  enforcement  is 
manifestly contrary to public policy in the enforcing Member State, or where the third-
country national is to be removed to a different third country than indicated in the return 
decision of the issuing Member State. 

5.  Where  a  Member  State  does  not  recognise  or  enforce  a  return  decision  pursuant  to 
paragraph  1  or  3,  that  Member  State  shall  issue  a  return  decision  in  accordance  with 
Article 7. 

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6.  The enforcing Member State shall suspend the enforcement of return where the effects of 

the return decision in the issuing Member State are suspended.  

7.  Where  the  issuing  Member  State  withdraws  the  return  decision  or  when  the  return 
decision  is  annulled  by  a  judicial  authority,  the  enforcing  Member  State  shall  issue  a 
return decision subject to the conditions of Article 7. 

8.  The  issuing  Member  State  shall  provide  the  enforcing  Member  State  with  all  available 
data  and  documents  necessary  for  the  purpose  of  enforcing  the  return  decision,  in 
accordance  with  Regulation  (EU)  2018/1860  or  based  on  exchange  of  information 
between Member States pursuant to Article 38. 

9.  The enforcing Member State may ask Frontex to support the enforcement of the return 
decision in accordance with Chapter II, Section 8, of Regulation (EU) 2019/1896. When 
the enforcement of the return decision is not supported by Frontex, and upon request of 
the  enforcing  Member  State,  the  issuing  Member  State  shall  compensate  the  enforcing 
Member  State  with  an  amount  that  shall  not  exceed  the  actual  costs  incurred  by  the 
enforcing  Member  State.  The  Commission  shall  adopt  an  implementing  decision  to 
determine the appropriate criteria for determining the amount and practical arrangements 
for  the  compensation.  That  implementing  act  shall  be  adopted  in  accordance  with  the 
procedure referred to in Article 49(2).  

10.  The  Commission  decision  referred  to  in  paragraph  2  shall  be  published  in  the Official 

Journal of the European Union. 

SECTION 3 
ENTRY BAN 

Article 10 
Issuance of an entry ban 

1.  Return decisions shall be accompanied by an entry ban when: 

a. 

b. 

the third-country national is subject to removal in accordance with Article 12; 

the  obligation  to  return  has  not  been  complied  with  within  the  time  limits  set  in 
accordance with Article 13; 

c. 

the third-country national poses a security risk in accordance with Article 16. 

2. 

In  cases  other  than  those  listed  in  paragraph  1,  competent  authorities  shall  determine 
whether  or  not  a  return  decision  shall  be  accompanied  by  an  entry  ban  taking  into 
account relevant circumstances, in particular the level of cooperation of the third-country 
national. 

3.  The  entry  ban  shall  be  issued  as  part  of  the  return  decision  or  separately  in  writing.  It 
shall be notified to the third-country national in a language that the third-country national 
understands or may reasonably be presumed to understand. 

4.  Competent  authorities  may  impose  an  entry  ban  without  issuing  a  return  decision  to  a 
third-country  national  who  has  been  illegally  staying  on  the  territory  of  the  Member 
States and whose illegal stay is detected in connection with border checks carried out at 
exit  in  accordance  with  Article  8  of  Regulation  (EU)  2016/399,  where  justified  on  the 
basis  of  the  specific  circumstances  of  the  individual  case  and  in  compliance  with  the 

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principle of proportionality and the rights of defence, and avoiding as much as possible 
to postpone the departure of the third-country national concerned.  

5.  Competent  authorities  may  refrain  from  issuing  an  entry  ban  in  individual  cases  for 
humanitarian reasons or if the third-country national duly cooperates with the competent 
authorities, included by enrolling in a return and reintegration programme. 

6.  The  length  of  the  entry  ban  shall  be  determined  with  due  regard  to  all  relevant 

circumstances of the individual case for a maximum of 10 years. 

7.  The  duration  of  the  entry  ban  pursuant  to  paragraph  6  may  be  extended  by  successive 
periods  of  a  maximum  of  5  years.  Such  extension  shall  be  based  on  an  individual 
assessment  with  due  regard  to  all  relevant  circumstances  and  in  particular  any  duly 
substantiated reasons of competent authorities why it is necessary to further prevent the 
third-country national from entering the territory of the Member States.  

8.  The period of the entry ban shall start from the date on which the third-country national 

left the territory of the Member States. 

Article 11 
Withdrawal, suspension or shortening of the duration of an entry ban 

1.  An  entry  ban  may  be  withdrawn,  suspended  or  its  duration  shortened  where  the  third-

country national: 

a. 

demonstrates  that  he  or  she  has  returned  voluntarily  in  compliance  with  a  return 
decision; 

b.  has not already been the subject of a return decision or removal order in the past; 

c. 

has not entered the territory of a Member State while an entry ban was still in force. 

2.  An  entry  ban  may  also  be  withdrawn, suspended  or  its  duration shortened  in  justified 
individual  cases,  including  for  humanitarian  reasons,  taking  into  account  all  relevant 
circumstances. 

3.  The  third-country  national shall  be  afforded  the  possibility  to  request  such  withdrawal, 

suspension or shortening of the duration of an entry ban. 

SECTION 4 
ENFORCEMENT OF RETURN 

Article 12 
Removal 

1.  The third-country national subject to a return decision shall be removed when: 

a. 

b. 

c. 

d. 

the  third-country  national  is  refusing  to  cooperate  with  the  authorities  during  the 
return process; 

the  third-country  national  moves  to  another  Member  State  without  authorisation, 
including during the period set in accordance with Article 13; 

the third-country national falls within the scope of Article 16; 

the third-country national has not left the territory of Member States by the date set 
in accordance with Article 13. 

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2.  Member  States'  competent  authorities  may  issue  a  separate  administrative  or  judicial 

decision in writing ordering the removal. 

3.  The competent authorities shall assess compliance with the principle of non-refoulement 
by reference to the country of return. They may rely on an existing thorough assessment 
of  all  relevant  circumstances  in  previous  stages  of  the  procedure.  Changes  in 
circumstances  and  new  elements  evidencing  a  risk  shall  be  duly  examined.  The  third-
country national concerned shall bring forward as soon as possible any relevant elements 
concerning his or her own personal circumstances. 

4.  Coercive  measures  taken  to  ensure  removal  shall  be  necessary  and  proportionate  and 
shall,  in  any  case,  not  exceed  the  threshold  of  reasonable  force.  They  shall  be 
implemented in accordance with national law respecting fundamental rights and with due 
respect for the dignity and physical integrity of the third-country national concerned. 

5. 

6. 

In  carrying  out  removals  by  air,  Member  States  shall  take  into  account  the  common 
guidelines  on  security  provisions  for  joint  removals  by  air  set  out  in  the  Annex  to 
Council Decision 2004/573/EC47. 

In  duly  justified  cases  and  when  the  third-country  national  is  clearly  cooperating, 
competent authorities may decide to indicate a date by which the third-country national 
shall  leave  the  territory  of  the  Member  States  in  accordance  with  Article  13.  In  such 
cases,  competent  authorities  shall  closely  monitor  the  compliance  of  the  third-country 
national,  including  by  organising  transport  assistance  to  the  relevant  point  of  departure 
from the Union. 

Article 13 
Voluntary return 

1.  When the third-country national is not subject to removal in accordance with Article 12, 
the return decision shall indicate a date by  which the third-country national  shall leave 
the  territory  of  the  Member  States  and  shall  state  the  possibility  for  the  third-country 
national to leave earlier. 

2.  The date referred to in paragraph  1 shall be determined with due regard to the specific 
circumstances of the individual case. The date by which the third-country national shall 
leave shall not exceed 30 days from the date of notification of the return decision. 

3.  Member  States  may  provide  for  a  longer  period  or  extend  the  period  to  leave  their 
territory in  accordance with  paragraph  1 taking  into account  the specific circumstances 
of  the  individual  case,  such  as  family  links, the existence  of  children  attending  school, 
participation  in  a  programme  supporting  return  and  reintegration  pursuant  to  Article 
46(3)  and  compliance  with  the  obligation  to  cooperate  as  set  out  in  Article  21.  Any 
extension of the period to leave shall be provided in writing to the third-country national. 

4.  The  third-country  national  shall  leave  the  territory  of  the  Member  States  by  the  date 
determined pursuant to paragraph 1. If not, the third-country national shall be subject of 
removal in accordance with Article 12. 

47 

Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from 
the  territory of two or more Member States, of third-country nationals who are subjects of individual 
removal orders (OJ L 261, 6.8.2004, p. 28, ELI: http://data.europa.eu/eli/dec/2004/573/oj). 

EN 

18 

  EN 

 
 
Article 14 
Conditions for postponing removal 

1.  Removal pursuant to Article 12 shall be postponed in the following circumstances: 

a.  when it would violate the principle of non-refoulement; or 

b.  when and for as long as suspension of the return decision in accordance with Article 

28 is in place. 

2.  Removal pursuant to Article 12 may be postponed for an appropriate period, taking into 

account the specific circumstances of the individual case. 

3. 

If the third-country national requests postponement of removal, the request shall be duly 
substantiated. 

4.  When taking a decision in accordance with paragraph 1 or paragraph 2, Member States 
shall provide the third-country national concerned with a written confirmation setting out 
the period of postponement and their rights during that period. 

5.  The decision to postpone removal in accordance with paragraph 1 or paragraph 2 shall be 

regularly reviewed, and at least every 6 months. 

6.  The  following  shall  be  taken  into  account  concerning  the  situation  of  the  third-country 

national during periods for which the removal has been postponed: 

a. 

b. 

c. 

d. 

e. 

basic needs; 

family unity with family members present in the Member State's territory; 

emergency health care and essential treatment of illness; 

access of minors to the basic education system subject to the length of their stay; 

special needs of vulnerable persons. 

7. 

If the removal is postponed, the measures set out in Article 31 may be applied when the 
conditions are fulfilled. 

Article 15 
Monitoring of removal 

1.  Member  States  shall  provide  for  an  independent  mechanism  to  monitor  the  respect  of 
fundamental  rights  during  removal  operations.  Member  States  shall  equip  the 
independent monitoring mechanism with appropriate means. 

2.  The  independent  monitoring  mechanism  shall  select  the  removal  operations  to  monitor 
based on a risk assessment and conduct its activities on the basis of desk review and on-
the-spot checks which may be unannounced. Member States shall inform the monitoring 
body  in  advance  about  upcoming  removal  operations  and  ensure  access  to  relevant 
locations. 

3.  Substantiated  allegations  of  failure  to  respect  fundamental  rights  during  removal 
operations shall be communicated to the competent national authority by the monitoring 
mechanism.  The  competent  authorities  shall  deal  with  such  allegations  effectively  and 
without undue delay. 

EN 

19 

  EN 

 
Article 16 
Return of third-country nationals posing security risks 

1.  This Article shall apply to third-country nationals where: 

a. 

b. 

c. 

they pose a threat to public policy, to public security or to national security; 

there are serious grounds for believing that they have committed a serious criminal 
offence  as  referred 
in  Article  2(2)  of  Council  Framework  Decision 
2002/584/JHA48; 

to 

there are clear indications of his or her intention to commit an offence pursuant to 
point (b) of this paragraph in the territory of a Member State. 

2.  Third-country  nationals  falling  within  the  scope  of  this  Article  shall  be  subject  to 

removal in accordance with Article 12. 

3.  By  way  of  derogation  from  the  relevant  provisions  of  this  Regulation,  third-country 

nationals falling within the scope of this Article may be: 

a. 

subject  to  an  entry  ban  issued  in  accordance  with  Article  10  that  exceeds  the 
maximum duration referred to in Article 10(6) by an additional maximum period of 
10 years; 

b.  detained in accordance with Article 29(3), point (c); 

c. 

d. 

detained in prisons and be kept separated from ordinary prisoners; 

subject to detention for a period that exceeds the maximum duration referred to in 
Article 32(3) and that is  determined by a judicial authority taking into account the 
circumstances  of  the  individual  case,  and  that  is  subject  to  a  review  by  a  judicial 
authority at least every three months. 

4.  By way of derogation from the provisions of Article 28(2) and (3), the enforcement of a 
return decision issued to a third-country national falling within the scope of this Article 
shall not be suspended unless there is a risk to breach the principle of non-refoulement. 

Article 17 
Return to a third country with which there is an agreement or arrangement 

1.  Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying 
third-country  nationals  requires  an  agreement  or  arrangement  to  be  concluded  with  a 
third  country.  Such  an  agreement  or  arrangement  may  only  be  concluded  with  a  third 
country  where  international  human  rights  standards  and  principles  in  accordance  with 
international law, including the principle of non-refoulement, are respected. 

2.  An agreement or arrangement pursuant to paragraph 1 shall set out the following: 

a. 

the procedures applicable to the transfer of illegally staying third-country nationals 
from the territory of the Member States to the third country referred to in paragraph 
1; 

48 

EN 

Council Framework Decision 2002/584/JHA  of 13 June 2002 on the European arrest warrant and the 
surrender  procedures  between  Member  States  -  Statements  made  by  certain  Member  States  on  the 
ELI: 
Framework  Decision 
adoption 
http://data.europa.eu/eli/dec_framw/2002/584/oj). 

18.7.2002, 

190, 

(OJ 

the 

of 

1, 

p. 

L 

20 

  EN 

 
 
b. 

the conditions for the stay of the third-country national in the third country referred 
to  in  paragraph  1,  including  the  respective  obligations  and  responsibilities  of  the 
Member State and of that third country; 

c.  where  applicable,  the  modalities  of  onward  return  to  the  country  of  origin  or  to 
another country where the third-country national voluntarily decides to return, and 
the consequences in the case where this is not possible; 

d. 

e. 

f. 

the obligations of the third country referred to in the second sentence of paragraph 
1; 

an  independent  body  or  mechanism  to  monitor  the  effective  application  of  the 
agreement or arrangement; 

the consequences to be drawn in case of violations of the agreement or arrangement 
or significant change adversely impacting the situation of the third country. 

3.  Prior  to  concluding  an  agreement  or  arrangement  pursuant  to  paragraph  1,  Member 

States shall inform the Commission and the other Member States. 

4.  Unaccompanied minors and families with minors shall not be returned to a third country 

referred to in paragraph 1.  

SECTION 5 
RETURN OF MINORS 

Article 18 
Best interests of the child 

The best interests of the child shall be a primary consideration when applying the provisions 
in accordance with this Regulation. 

Article 19 
Age assessment of minors 

Where,  as  a  result  of  statements  by  the  third-country  national,  available  documentary 
evidence  or  other  relevant  indications,  there  are  doubts  as  to  whether  or  not  he  or  she  is  a 
minor,  the  competent  authority  may  undertake  a  multi-disciplinary  assessment,  including  a 
psychosocial assessment, which shall be carried out by qualified professionals, to determine 
the  third-country  national’s  age.  Article  25  of  Regulation  (EU)  2024/1348  shall  apply  by 
analogy to such assessment. 

Article 20 
Return of unaccompanied minors 

1.  Before  deciding  to  issue  a  return  decision  in  respect  of  an  unaccompanied  minor, 
assistance  by  appropriate  bodies  other  than  the  authorities  enforcing  return  shall  be 
provided in accordance with the best interests of the child. 

2.  A  representative  or  a  person  trained  to  safeguard  the  best  interest  of  the  child  shall  be 
appointed  to  represent,  assist  and  act,  as  applicable,  on  behalf  of  an  unaccompanied 
minor  in  the  return  process.  It  shall  be  ensured  that  the  appointed  representative  is 
appropriately trained in child-friendly and age-appropriate communication and that they 
speak a language that the minor understands. That person shall be the person designated 
to  act  as  a  representative  under  Directive  (EU)  2024/1346  where  the  person  has  been 
designated in accordance with Article 27 of that Directive. 

EN 

21 

  EN 

 
3.  The unaccompanied minor shall be heard, either directly or through the representative or 
trained person referred to in paragraph 2, including in the context of the determination of 
the  best  interests  of  the  child.  Before  removing  an  unaccompanied  minor  from  the 
territory of a Member State, the authorities of that Member State shall be satisfied that he 
or  she  will  be  returned  to  a  member  of  his  or  her  family,  a  nominated  guardian  or 
adequate reception facilities in the country of return. 

Chapter III 
OBLIGATIONS OF THE THIRD-COUNTRY NATIONAL 

Article 21 
Obligation to cooperate 

1.  Third-country  nationals  shall  have  the  obligation  to  cooperate  with  the  competent 
authorities of the Member States at  all stages of the return and readmission procedures 
and  comply  with  the  obligation  to  leave  the  territory  of  the  Member  States.  Third-
country  nationals  shall  provide  competent  authorities  with  information  on  any  relevant 
changes  in  his  or her individual situation relevant  for the purpose of Article  5, without 
undue delay.  

2.  Third-country nationals shall: 

a. 

remain on the territory of the Member State competent for the return procedure of 
which the third-country national is the subject and not abscond to another Member 
State; 

b.  provide,  where  requested  by  competent  authorities  and  without  undue  delay,  all 
information  and  physical  documentation  necessary  for  establishing  or  verifying 
identity or otherwise relevant within the return and readmission procedure that they 
possess; 

c. 

not  destroy  or  otherwise  dispose  of  such  documents,  use  aliases  with  fraudulent 
intent,  provide  other  false  information  in  an  oral  or  written  form,  or  otherwise 
fraudulently oppose the return or readmission procedure; 

d.  provide  an  explanation  in  case  they  are  not  in  possession  of  an  identity  or  travel 

e. 

f. 

document; 

provide information on the third countries transited; 

provide  biometric  data  as  defined  in  Article  2(1),  point  (s),  of  Regulation  (EU) 
2024/1358 of the European Parliament and of the Council49; 

g.  provide  precise  contact  details,  including  current  place  of  residence,  address, 
telephone  number  where  they  may  be  reached  and,  where  available,  an  electronic 
mail address; 

49 

Regulation  (EU)  2024/1358  of  the  European  Parliament  and  of  the  Council  of  14  May  2024  on  the 
establishment  of  ‘Eurodac’  for  the  comparison  of  biometric  data  in  order  to  effectively  apply 
Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and 
Council  Directive  2001/55/EC  and  to  identify  illegally  staying  third-country  nationals  and  stateless 
persons  and  on  requests  for  the  comparison  with  Eurodac  data  by  Member  States’  law  enforcement 
authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 
2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 
(OJ  L,  2024/1358,  22.5.2024,  ELI: 
the  Council 
the  European  Parliament  and  of 
of 
http://data.europa.eu/eli/reg/2024/1358/oj). 

EN 

22 

  EN 

 
 
h.  provide,  without  undue  delay,  information  on  any  changes  to  the  contact  details 

referred to in point (g); 

i. 

j. 

remain  available  in  accordance  with  Article  23  throughout  the  return  and 
readmission  procedures,  and  in  particular  appear  for  the  departure  for  the 
transportation for return; 

provide  all  required  information  and  statements  in  the  context  of  requests  lodged 
with  the  competent  authorities  of  relevant  third  countries  for  the  purpose  of 
obtaining travel documents and cooperate with these authorities of third countries, 
as necessary; 

k.  when  necessary,  appear  in  person  or  when  difficult  by  means  of  videoconference, 
before the competent national and third-country authorities at the location indicated 
by such authorities where necessary to establish his or her nationality; 

l.  where  required  by  competent  authorities,  participate  in  return  and  reintegration 

counselling. 

3.  The  information  and  physical  documentation  or,  where  not  available,  copies  thereof, 
referred  to  in  paragraph  2,  point  (b),  shall  include  in  particular  the  third-country 
nationals’ statements and any documentation in their possession regarding: 

a. 

b. 

c. 

d. 

e. 

f. 

their name, date and place of birth, gender and nationality or nationalities or the fact 
that the third-country national is stateless; 

their  family  members  and  other  personal  details  of  the  third-country  national  if 
relevant  for  carrying  out  the  return  or  readmission  procedure  or  for  the 
determination of the country of return; 

the  type,  number,  period  of  validity  and  issuing  country  of  any  identity  or  travel 
document  of  the  third-country  nationals  and  other  documents  provided  by  them 
which the competent authority deems relevant for the purposes of identifying them, 
for carrying out the return or readmission procedure and for the determination of the 
country of return; 

any  residence  permits  or  other  authorisation  offering  the  third-country  nationals  a 
right to stay issued by another Member State or by a third country; 

any return decision issued by another Member State; 

country  or  countries  and  place  or  places  of  previous  residence,  travel  routes  and 
travel documentation. 

4.  Where the competent authorities decide to retain any document necessary for the purpose 
of  preparing  return  as  referred  to  in  paragraph  2,  point  (b),  they  shall  ensure  that  the 
third-country  national  immediately  receives  photocopies  or,  at  the  person’s  choice, 
electronic  records  of  the  originals.  In  the  context  of  return  pursuant  to  Article  13,  the 
competent authorities shall either hand back such documents to the third-country national 
at the time of departure or upon arrival in the third country. 

5.  The  third-country  national  shall  accept  any  communication  from  the  competent 
authorities,  be  it  by  telephone,  electronic  mail  or  mail,  using  the  most  recent  contact 
details  indicated  by  himself  or  herself  to  the  competent  authorities  in  accordance  with 
paragraph 2, points (g) and (h). Member States shall either establish in national law the 
method  of  communication  and  the  point  in  time  at  which  the  communication  is 
considered received by and notified to the third-country national or make use of digital 

EN 

23 

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systems  developed  and/or  supported  by 
communication. 

the  Union  for 

the  purpose  of  such 

6.  A  third-country  national  may  be  searched  or  his  or  her  personal  belongings  may  be 
searched,  where  it  is  necessary  and  duly  justified  for  the  purpose  of  the  return  or 
readmission procedure and without affecting any search carried out for security reasons. 
Any search of the third-country national under this Regulation shall respect fundamental 
rights,  in  particular  the  principles  of  human  dignity  and  of  physical  and  psychological 
integrity and be subject to the safeguards and remedies provided for in national law. 

Article 22 
Consequences in case of non-compliance with the obligation to cooperate 

In  case  of  non-compliance  with  the  obligations  set  out  in  Article  21(2),  points  (a)  to  (k), 
Member States shall provide for a possibility to impose, following an individual assessment, 
effective,  proportionate  and  dissuasive  measures  on  the  third-country  national,  out  of  the 
following: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

refusal or reduction of certain benefits and allowances granted under Member State 
law  to  the  third-country  nationals  concerned  unless  this  would  lead  to  the  persons' 
inability to make provision of their basic needs; 

refusal or reduction of incentives granted to promote voluntary return in accordance 
with  Article  13  or  reduced  assistance  in  return  and  reintegration  programmes 
pursuant to Article 46(3); 

seizure  of  identity  or  travel  documents  provided  that  the  third-country  national 
receives a copy; 

refusal or withdrawal of work permit, pursuant to national law; 

extension of the duration of an entry ban in line with Article 10(7); 

financial penalties. 

Article 23 
Availability for the return process 

1.  To  ensure  a  swift,  efficient  and  effective  return,  third-country  nationals  shall,  for  the 
duration of the return procedure, be subject to one or more of the following measures: 

a. 

b. 

c. 

allocation to a geographical area within the Member State’s territory in which they 
are able to move freely; 

residence at a specific address; 

reporting to the competent authorities at a specified time or at reasonable intervals. 

2.  Paragraph 1 shall only be applied to the extent that it is compatible with the special needs 

of vulnerable persons and the best interests of the child. 

3.  Upon request, competent authorities may grant the third-country national permission to: 

a. 

b. 

temporarily leave the geographical area for duly justified urgent and serious family 
reasons or  necessary  medical  treatment  which  is  not  available  within  the 
geographical area; 

reside  temporarily  outside  the  place  designated  in  accordance  with  paragraph  1, 
point (b); 

EN 

24 

  EN 

 
c. 

temporarily not comply with the reporting obligation. 

4.  Decisions  regarding  the  permissions  listed  in  paragraph  3,  first  subparagraph,  shall  be 
taken objectively and impartially on the merits of the individual case and reasons shall be 
given if such permission is not granted. 

5.  The  third-country  national  shall  not  be  required  to  request  permission  to  attend 
appointments with authorities and courts if the attendance of that third-country national 
is  necessary.  The  third-country  national  shall  notify  the  competent  authorities  of  such 
appointments. 

6.  The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in 
writing,  be  proportionate  and  take  into  account  specific  circumstances  of  the  third-
country national concerned. 

Chapter IV 
SAFEGUARDS AND REMEDIES 

SECTION 1 
PROCEDURAL SAFEGUARDS 

Article 24 
Right to information 

1.  Third-country nationals subject to the return procedure shall be informed without undue 

delay about the following: 

a. 

b. 

c. 

d. 

the purpose, duration and steps of the return procedure as well as information on the 
available legal remedies and the time-limits to seek those remedies; 

the rights and obligations of third-country nationals during the return procedure as 
set out in Article 21 and Article 23, the consequences of non-compliance pursuant 
to  Article  22,  the  existence  of  an  alert  on  return  on  the  person  in  the  Schengen 
Information System and the recognition and enforcement of a return decision issued 
by another Member State in accordance with Article 9; 

return and reintegration counselling and programmes pursuant to Article 46; 

their  procedural  rights  and  obligations  throughout  the  return  procedure  in 
accordance  with  this  Regulation  and  national  law,  in  particular  the  right  to  legal 
assistance and representation pursuant Article 25. 

2.  The  information  provided  shall  be  given  without  undue  delay  in  simple  and  accessible 
language and in a language which the third-country national understands or is reasonably 
supposed to  understand,  including  through written or oral  translation  and interpretation 
as  necessary.  That  information  shall  be  provided  by  means  of  standard  information 
sheets, either in paper or in electronic form. In the case of minors, the information shall 
be provided in a child-friendly and age-appropriate manner with the involvement of the 
holder  of  parental  responsibility  or  the  representative  referred  to  in  Article  20(2).  The 
third-country  national  shall  be  given  the  opportunity  to  confirm  that  he  or  she  has 
received the information. 

EN 

25 

  EN 

 
Article 25 
Legal assistance and representation 

1. 

In the case of an appeal or a review before a judicial authority in accordance with Article 
27,  Member  States  shall,  at  the  request  of  the  third-country  national,  ensure  that  free 
legal assistance and representation is made available as necessary to ensure the right to 
an effective remedy and fair trial. 

2.  Unaccompanied  minors  shall  automatically  be  provided  with  free  legal  assistance  and 

representation. 

3.  The legal assistance and representation shall consist of the preparation of the appeal or 
request  for  review,  including,  at  least,  the  preparation  of  the  procedural  documents 
required under national law and, in the event of a hearing, participation in that hearing 
before a judicial authority to ensure the effective exercise of the right of defence. Such 
assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348. 

4.  Free  legal  assistance  and  representation  shall  be  provided  by  legal  advisers  or  other 
suitably qualified persons, as admitted or permitted under national law, whose interests 
do not conflict or could not potentially conflict with those of the third-country national. 

5.  The provision of free legal assistance and representation in the appeal procedure may be 

excluded by the Member States where: 

a. 

b. 

c. 

the third-country national is considered to have sufficient resources to afford legal 
assistance and representation at his or her own cost; 

it is considered that the appeal has no tangible prospect of success or is abusive; 

the appeal or review is at a second level of appeal or higher, as provided for under 
national law, including re-hearings or reviews of appeal; 

d. 

the third-country national is already assisted or represented by a legal adviser. 

6.  The  third-country  national  requesting  free  legal  assistance  and  representation  shall 

disclose his or her financial situation. 

7.  With the exception of any assistance provided to unaccompanied minors, and in line with 
the respect of the essence of the right to an effective remedy, Member States may: 

a. 

b. 

c. 

impose  monetary  or  time  limits  on  the  provision  of  free  legal  assistance  and 
representation, provided that such limits are not arbitrary and do not unduly restrict 
access to free legal assistance and representation nor undermine the exercise of the 
right of defence; 

request total or partial reimbursement of any costs incurred where the third-country 
national’s financial situation has improved during the return procedure or where the 
decision to provide free legal assistance and representation was taken on the basis of 
false information supplied by the third-country national; 

provide that, as  regards  fees  and other costs and reimbursements, the treatment  of 
third-country nationals shall be equal to, but not more favourable than, the treatment 
generally given to their nationals in matters pertaining to legal assistance. 

8.  Member States shall lay down specific procedural rules governing the manner in which 
requests  for  free  legal  assistance  and  representation  are  filed  and  processed,  or  apply 
existing  rules  for  domestic  claims  of  a  similar  nature,  provided  that  those  rules  do  not 
render  access  to  free  legal  assistance  and  representation  excessively  difficult  or 
impossible. 

EN 

26 

  EN 

 
9.  Where  a  decision  not  to  grant  free  legal  assistance  and  representation  is  taken  by  an 
authority which is not a judicial authority on the grounds that the appeal is considered to 
have no tangible prospect of success or to be abusive, the applicant shall have the right to 
an effective remedy before a judicial authority against that decision. For that purpose, the 
applicant shall be entitled to request free legal assistance and representation. 

10.  Member  States  may  provide  for  free  legal  assistance  and  representation  in  the 

administrative procedure in accordance with national law. 

SECTION 2 
REMEDIES 

Article 26 
The right to an effective remedy 

1.  The third-country national concerned shall be afforded an effective remedy to challenge 
the  decisions  referred  to  in  Article  7,  Article  10  and  Article  12(2)  before  a  competent 
judicial authority. 

2.  The effective remedy shall provide for a full and ex nunc examination of both points of 

facts and points of law. 

3.  Member  States  shall  ensure  that  compliance  with  the  requirements  arising  from  the 
principle  of  non-refoulement  is  verified  by  the  competent  judicial  authority,  at  the 
request of the third-country national or ex officio. 

Article 27 
Appeal before a competent judicial authority 

1.  For the purpose of ensuring the right to an effective remedy in accordance with Article 
26,  Member  States  shall  lay  down  in  their  national  law  reasonable  time  limits  for  the 
competent  judicial  authority  of  first  instance  to  examine  the  decisions  referred  to  in 
Article  7,  Article  10  and  Article  12(2),  providing  for  an  adequate  and  complete 
examination of the appeal. The period for lodging an appeal before a judicial authority of 
first instance shall not exceed 14 days. 

2.  Time limits  referred to  in paragraph  1 shall start to  run from  the date when any of the 
decisions referred to in Article 7, Article 10 and Article 12(2) are notified to the third-
country national,  or from  another date to  be determined by national  law, notably when 
the third-country national concerned has absconded. 

3.  Where a return decision is based on, or issued in, the same act as a decision refusing or 
ending  the  legal  stay,  the  time  limits  to  appeal  the  return  decision  may  be  those  laid 
down in national law for appealing a decision ending or refusing legal stay. 

4.  Where an entry ban is issued together with a return decision as referred to in Article 7, it 
shall  be  appealed  against  jointly  with  that  return  decision,  before  the  same  judicial 
authority and within the same judicial proceedings and the same time limits. Where an 
entry  ban  is  issued  separately  from  the  return  decision  or  is  the  only  decision  to  be 
challenged, it may be appealed against separately. The time limits to bring such separate 
judicial proceedings shall be the same as those laid down in case where the entry ban is 
jointly appealed against with the return decision. 

5.  Where  the  documents  are  not  submitted  in  due  time,  as  determined  by  the  competent 
judicial authority, in the event that the translation is to be provided by the applicant, or 

EN 

27 

  EN 

 
where documents are not submitted in time for the judicial authority to ensure that they 
are  translated  in  the  event  that  the  translation  is  ensured  by  the  competent  judicial 
authority, the judicial authority may refuse to take those documents into account.  

Article 28 
Suspensive effect 

1.  The  enforcement  of  the  decisions  issued  pursuant  to  Article  7,  Article  10  and  Article 
12(2) shall be suspended until the time limit within which they can exercise their right to 
an effective remedy before a judicial authority of first instance referred to in Article 27 
has expired. 

2. 

 Third-country nationals shall be granted the right to submit an application to suspend the 
enforcement  of  a  return  decision  before  the  time  limit  within  which  they  can  exercise 
their right to an effective remedy before a judicial authority of first instance referred to in 
Article 27 has expired. A judicial authority shall have the power to decide, following an 
examination of both facts and points of law, whether or not the enforcement of the return 
decision should be suspended pending the outcome of the remedy. The enforcement of 
the  return  decision  shall  be  suspended  where  there  is  a  risk  to  breach  the  principle  of 
non-refoulement. 

3.  Where  a  further  appeal  against  a  first  or  subsequent  appeal  decision  is  lodged,the 
enforcement of a return decision shall not be suspended unless the third-country national 
requests  suspension  and  a  competent  judicial  authority  decides  to  grant  it,  taking  due 
account of the specific circumstances of the individual case. 

4.  A decision on the application for suspension of the enforcement of a return decision shall 
be  taken  within  48  hours.  In  cases  involving  complex  issues  of  fact  or  law,  that  time-
limit may be exceeded. 

Chapter V 
PREVENTION OF ABSCONDING AND DETENTION 

Article 29 
Grounds for detention 

1.  Member  States  may  detain  a  third-country  national  pursuant  to  this  Regulation  on  the 
basis  of  an  individual  assessment  of  each  case  and  only  in  so  far  as  detention  is 
proportionate. 

2.  Member  States  may  only  keep  in  detention  a  third-country  national  for  the  purpose  of 

preparing the return or carrying out the removal. 

3.  A  third-country  national  may  only  be  detained  based  on  one  or  more  of  the  following 

grounds for detention: 

a. 

b. 

c. 

d. 

e. 

risk of absconding determined in accordance with Article 30; 

the  third-country  national  avoids  or  hampers  the  preparation  of  the  return  or  the 
removal process; 

the third-country national poses security risks in accordance with Article 16; 

to determine or verify his or her identity or nationality; 

non-compliance with the measures ordered pursuant to Article 31. 

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4.  Those detention grounds shall be laid down in national law.  

5.  Detention  shall  be  ordered  by  administrative  or  judicial  authorities.  Detention  shall  be 
ordered by a written decision giving the reasons in fact and in law on which it is based as 
well as information about available legal remedies. The decision shall be notified to the 
third-country  national  in  a  language  that  the  third-country  national  understands  or  may 
reasonably be presumed to understand. 

6.  When  detaining  a  third-country  national  pursuant  to  paragraph  2,  Member  States  shall 
take into account any visible signs, statements or behaviour related to, or made or shown 
by, the third-country national indicating that he or she is a vulnerable person. 

Article 30 
Risk of absconding 

1.  There is a risk of absconding in an individual case, unless proven otherwise, when one of 

the following criteria is fulfilled: 

a. 

b. 

the  third-country  national  has  moved  without  authorisation  to  the  territory  of 
another Member State or other Member States, including following a transit through 
a third country, or attempts to do so; 

the third-country national is subject to a return decision or enforcing decision issued 
by  a  Member  State  other  than  the  one  on  the  territory  of  which  the  person  is 
currently  staying  illegally,  including  as  detected  through  the  alerts  entered  in  the 
Schengen Information System pursuant to Regulation (EU) 2018/1860; 

c. 

non-compliance with the measures pursuant to Article 23.  

2. 

In cases not covered by paragraph 1, the risk of absconding shall be determined on the 
basis  of  an  overall  assessment  of  the  specific  circumstances  of  the  individual  case  and 
where one of the following criteria regarding the third-country national concerned is met: 

a. 

b. 

c. 

lack of residence, fixed abode or reliable address; 

explicit expression of intent of non-compliance with return-related measures applied 
by  virtue  of  this  Regulation,  or  actions  clearly  demonstrating  intention  not  to 
comply with such measures; 

non-compliance with the obligations of a return decision until the date by which the 
third-country  national  is  to  leave  the  territory  of  the  Member  States  as  set  out  in 
Article 13; 

d.  non-compliance with the obligation to cooperate with the competent authorities of 
the  Member  States  at  all  stages  of  the  procedures  pursuant  to  this  Regulation,  as 
referred to in Article 21(2), points (a) to (k);  

e.  when  departure  is  imminent  and  there  are  serious  reasons  to  believe  third-country 
national  intends  to  violate  the  obligation  to  cooperate  as  set  out  in  Article  21(2), 
point (l); 

f. 

using  false  or  forged  identity  or  travel  documents,  residence  permits  or  visas,  or 
documents justifying conditions of entry, destroying or otherwise disposing of such 
documents, using aliases with fraudulent intent, providing other false information in 
an  oral  or  written  form,  or  otherwise  fraudulently  opposing  the  return  or 
readmission procedure; 

g.  opposing the return procedure violently; 

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h. 

re-entering the Union in violation of a valid entry ban. 

Article 31 
Alternatives to detention 

1.  Member States shall provide for alternative measures to detention in national law. Such 
measures shall be ordered taking into account the individual circumstances of the third-
country  national  concerned,  including  any  vulnerabilities,  and  be  proportionate  to  the 
level of the risk of absconding assessed in accordance with Article 30. 

2.  For that purpose, Member States shall provide for any of the following measures: 

a. 

b. 

c. 

the obligation to regularly report to competent authorities with a frequency of up to 
3 days, based on the individual circumstances; 

the obligation to surrender identity or travel documents to the competent authorities; 

the obligation to reside in a place designated by competent authorities; 

d.  deposit of an adequate financial guarantee; 

e. 

the use of electronic monitoring, including guarantees and procedures provided for 
under national law. 

3.  A decision to apply measures referred to in paragraph 2 shall state the relevant reasons in 

fact and in law. 

4.  Third-country nationals shall be notified of any decision to apply measures referred to in 
paragraph  2  of  this  Article  and  shall  be  informed  about  the  consequence  of  non-
compliance  with  that  decision,  including  pursuant  to  Article  29(3),  point  (e),  and  the 
legal remedies referred to in paragraph 5 of this Article. 

5.  Member States shall ensure that the decisions taken in  accordance  with  paragraph  2  of 
this  Article  are  reviewed  speedily  by  a  judicial  authority  on  application  by  the  person 
concerned or ex officio, and at the latest within two months.  

Article 32 
Detention period 

1.  Detention  shall  be  maintained  for  as  short  a  period  as  possible  and  for  as  long  as  the 
conditions  laid down in Article  29 are  fulfilled and it is  necessary to  ensure successful 
return. 

2.  When  it  appears  that  the  conditions  laid  down  in  Article  29  are  no  longer  fulfilled, 
detention shall cease to be justified and the third-country national shall be released. Such 
release shall not preclude the application of measures to prevent the risk of absconding in 
accordance with Article 31. 

3.  The detention shall not  exceed  12 months  in a given Member State.  Detention may be 
extended for a period not exceeding a further 12 months in a given Member State where 
the return procedure is likely to last longer owing to a lack of cooperation by the third-
country  national  concerned,  or  delays  in  obtaining  the  necessary  documentation  from 
third countries. 

4.  The  expiry  of  the  maximum  detention  period  in  accordance  with  paragraph  3  does  not 

preclude the application of measures in accordance with Article 31. 

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Article 33 
Review of detention orders 

1.  Detention shall be reviewed at regular intervals of time and at least every three months 

either on application by the third-country national concerned or ex officio. 

2.  Detention  of unaccompanied minors shall be reviewed  ex officio at  regular intervals  of 

time and at least every three months. 

3.  Where  detention  has  been  ordered  or  extended  by  administrative  authorities,  Member 
States shall ensure that all relevant facts, evidence and observations submitted during the 
proceedings are subject to judicial review, by providing that: 

a. 

b. 

any  judicial  review  of  the  lawfulness  of  detention  be  concluded  as  speedily  as 
possible after the beginning of the detention, and no later than 15 days thereafter; or 

the third-country national concerned be granted the right to initiate proceedings by 
means  of  which  the  lawfulness  of  detention  is  subject  to  judicial  review,  to  be 
concluded as speedily as possible after the launch of the relevant proceedings, and 
no  later  than  15  days  thereafter.  In  such  cases  Member  States  shall  immediately 
upon detention inform the third-country national concerned about the possibility of 
initiating such proceedings. 

Article 34 
Detention conditions 

1.  Detention shall take place, as a rule, in specialised facilities, including those in dedicated 
branches of other facilities. Where a Member State cannot provide for detention in such 
facilities  and  is  obliged  to  resort  to  prison  accommodation,  the  third-country  nationals 
shall be kept separated from ordinary prisoners.  

2.  Detained third-country nationals shall have access to open-air space. 

3.  Third-country nationals in detention shall be allowed, on request, to establish in due time 

contact with legal representatives, family members and competent consular authorities. 

4.  Particular attention shall be paid to, and special accommodation provided for, the special 
needs of detained vulnerable persons. Emergency health care and essential treatment of 
illness shall be provided to detained third-country nationals. 

5.  Legal representatives, family members, competent consular authorities and relevant and 
competent  national,  international  and  non-governmental  organisations  and  bodies  shall 
have  the  possibility  to  visit  any  detention  facility  and  communicate  with  the  third-
country  nationals  and  visit  them  in  conditions  that  respect  privacy.  Such  visits  may  be 
subject to authorisation.  

6.  Third-country nationals  kept  in  detention  shall be provided in  writing  with  information 
which explains the rules applied in the facility and sets out their rights and obligations in 
plain  intelligible  language  and  in  a  language  they  understand.  Such  information  shall 
include  information  on  their  entitlement  under  national  law  to  contact  the  persons  or 
bodies referred to in paragraphs 3 and 5. 

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Article 35 
Conditions for detention of minors and families 

1.  Unaccompanied minors and families with minors shall only be detained as a measure of 
last resort and for the shortest appropriate period of time and taking into account the best 
interests of the child. 

2.  Families and unaccompanied minors detained in preparation for return shall be provided 
with  separate  accommodation  guaranteeing  adequate  privacy.  Personnel  shall  be 
adequately  trained,  and  facilities  adapted  to  take  into  account  the  needs  of  persons  of 
their  age  and  of  their  gender,  including  appropriate  hygiene,  food,  health  services  and 
other infrastructure. 

3.  Minors  in  detention  shall  have  the  possibility  to  engage  in  leisure  activities,  including 
play  and  recreational  activities  appropriate  to  their  age,  and  shall  have access  to 
education in the format most appropriate to the length of their detention. 

Chapter VI 
READMISSION 

Article 36 
Readmission procedure 

1.  Upon  issuance  of  an  enforceable  return  decision  and  notwithstanding  Article  28, 
competent authorities, with the support of Frontex where applicable, shall systematically 
and without undue delay initiate the readmission procedure. 

2.  When  a  travel  document  needs  to  be  obtained  from  the  third  country  authorities,  the 
competent  authorities  shall  submit  a  readmission  application.  Such  readmission 
application  shall  include,  as  relevant,  a  request  for  confirmation  of  nationality  and  a 
request  for  issuance  of  travel  document.  Readmission  applications  shall  be  submitted 
without delay and where possible using a standard form pursuant to paragraph 6. 

3.  The competent authorities may submit the request for travel document separately where 
it  is  preferable  for  legal  or  operational  reasons,  including  due  to  the  duration  of  the 
validity of the travel document to be issued and the non-availability of the third-country 
national to receive the travel document immediately after the confirmation of nationality. 
Where applicable, the European travel document for return shall be used in compliance 
with the applicable readmission instrument and Regulation (EU) 2016/195350. 

4. 

Information  about  the  outcome  of  the  request  for  confirmation  of  nationality  and  the 
travel document obtained shall be uploaded in the Schengen Information System by the 
competent  authority  concerned.  Such  information  and  travel  document  shall  be  made 
available to the competent authorities of other Member States upon request. 

5.  Member  States  may  enter  into  appropriate  arrangements  for  the  purpose  of  facilitating 
the organisation of identification interviews in another Member State, including for the 
purpose of implementing Article 44. 

50 

Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the 
establishment of a European travel document for the return of illegally staying third-country nationals, 
and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: 
http://data.europa.eu/eli/reg/2016/1953/oj). 

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6.  The Commission shall be empowered to adopt an implementing act in accordance with 
Article  49(2)  for  the  purpose  of  determining  the  standard  form  to  be  used  to  submit 
readmission applications referred to in paragraph 2. Such standard form shall set out: 

a. 

b. 

the format for readmission applications; 

the elements of a readmission application including the request for confirmation of 
nationality and the request for issuance of travel document. 

7.  The  readmission  procedure  in  third  countries  shall  be  supported  by  dedicated  Union 
return  liaison  officers  financed  by  the  Union.  Such  liaison  officers  shall  be  part  of  the 
structure of the Union Delegations and shall closely coordinate with the Commission in 
achieving the relevant Union policy priorities. 

Article 37 
Communication with non-recognised third-country entities 

1.  The  competent  authorities  may  communicate,  as  necessary,  with  non-recognised  third 
country entities responsible for one or more of the steps of the readmission procedure. 

2.  Such  communication  shall  be  limited  to  what  is  necessary  for  carrying  out  the 
readmission  procedure  and  shall  not  amount  to  diplomatic  recognition  of  the  entities 
concerned. 

Chapter VII 
SHARING AND TRANSFER OF PERSONAL DATA 

Article 38 
Information sharing between Member States 

1.  Member States shall make use of all appropriate means of cooperation and of exchanging 

information to implement this Regulation. 

2.  The exchange of information shall be carried out at the request of a Member State and 

may only take place between Member States’ competent authorities. 

3.  Member  States  shall  communicate  to  each  other,  on  request,  information  concerning  a 
person  within  the  scope  of  this  Regulation  for  the  purpose  of  carrying  out  the  return 
procedure, the readmission procedure and providing reintegration assistance. 

4.  Where  the  information  referred  to  in  paragraph  3  can  be  exchanged  through  the  EU 
Information Systems referred to in point 15 of Article 4 of Regulation (EU) 2019/818 of 
the European Parliament and of the Council51 or through supplementary information in 
compliance with Regulation (EU) 2018/1860, such information shall be exchanged only 
through those means. 

5.  The requested data shall be adequate, relevant, accurate, limited to what is necessary for 

the intended purpose and shall set out the grounds on which it is based. 

6.  The information referred to in paragraph 3 shall include in particular: 

51 

Regulation  (EU)  2019/818  of  the  European  Parliament  and  of  the  Council  of  20  May  2019  on 
establishing a framework for interoperability between EU information systems in the field of police and 
judicial  cooperation,  asylum  and  migration  and  amending  Regulations  (EU)  2018/1726,  (EU) 
2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, ELI: http://data.europa.eu/eli/reg/2019/818/oj). 

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a. 

b. 

c. 

d. 

e. 

f. 

g. 

h. 

i. 

j. 

information  necessary  to  establish  the  identity  of  the  third-country  national  and, 
where applicable, the identity of his or her family members, relatives and any other 
family  relations,  in  particular  surname(s);  forename(s);  where  appropriate,  former 
name(s)  and  other  name(s)  (alias(es),  pseudonym(s));  date,  place  and  country  of 
birth; sex; 

information  related  to  the  biometric  data  taken  of  the  third-country  national  in 
accordance  with  Regulation  (EU)  2024/1358,  in  particular  facial  image(s); 
dactyloscopic  data;  the  date  on  which  the  biometric  data  were  taken;  the  Eurodac 
reference number used by the Member State of origin; 

information related to the nationality and the travel document(s) of the third-country 
national,  in  particular  current  nationality(ies)  and  previous  nationality(ies);  type, 
number and country of issue of the travel document(s); the date of issue and the date 
of expiry of the travel document(s); 

information  related  to  the  third-country  national’s  places  of  residence,  routes 
travelled,  languages  spoken  and  contact  details  (electronic  mail  address(es)  and 
phone number(s)); 

information  on  residence  documents  or  visas  issued  by  a  Member  State  or  a  third 
country; 

information related to the return operation of the third-country national, in particular 
on flight details; other travel arrangements; indication of whether the third-country 
national  is  a  particularly  dangerous  person  requiring  specific  arrangements  during 
the return operation; information relating to escorting; 

information  related  to  the  reintegration  of  the  third-country  national,  in  particular 
family  composition,  marital  status,  contact  information  of  family  members  in  the 
country of return, work experience, education level, diplomas; 

the grounds for any return decision taken concerning the third-country national; 

information as to whether the third-country national was detained or alternatives to 
detention were applied to the individual; 

information related to the criminal records or related to the threat to public policy, 
public security or national security posed by the third-country national; 

k. 

information on vulnerability, health and medical needs of the third-country national. 

7.  The requested Member State shall be obliged to reply as soon as possible and at the latest 

within three weeks. 

8.  The information exchanged may be used only for the purposes set out in paragraph 3. In 
each Member State such information may, depending on its type and the powers of the 
recipient authority, only be communicated to authorities or judicial authorities entrusted 
with  the  return  procedure,  the  readmission  procedure  or  the  provision  of  reintegration 
assistance. 

Article 39 
Transfer of data to third countries relating to third-country nationals for the purposes of 
readmission and reintegration 

1.  Without prejudice to Articles 40  and 41, data referred to in Article 38(6), points (a) to (h) 
may  be  processed  and  transferred  by  a  competent  authority  and,  where  applicable, 
Frontex to a third country’s competent authority where the third-country national whose 

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personal data is transferred has been informed that his or her personal data may be shared 
with  the  authorities  of  a  third  country  provided  it  is  necessary  for  the  purposes  of 
carrying out the readmission procedure. 

2.  Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), 
(f)  and  (g),  may  be  processed  and  transferred  by  a  competent  authority,  and,  where 
applicable,  Frontex  to  third  parties  competent  for  reintegration  assistance  where  the 
third-country  national  whose  personal  data  is  transferred  has  been  informed  that  his  or 
her personal data may be shared with third parties competent for reintegration assistance 
provided it is necessary for the purposes of providing reintegration assistance. 

3.  Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall 
ensure  that  such  transfers  comply  with  Chapter  V  of  Regulation  (EU)  2016/679  and 
Chapter V of Regulation (EU) 2018/1725, respectively. 

4.  Where  a  transfer  is  made  pursuant  to  paragraph  1  or  2,  such  a  transfer  shall  be 
documented and the documentation shall, on request, be made available to the competent 
supervisory  authority  established  in  accordance  with  Article  51(1)  of  Regulation  (EU) 
2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time 
of the transfer and information about the receiving third country’s competent authority. 

Article 40 
Transfer of data to third countries relating to criminal convictions of third-country 
nationals for the purposes of readmission and reintegration 

1.  Data relating  to  one or several criminal  convictions  of a third-country national may be 
processed  and  transferred  in  individual  cases  by  a  competent  authority  and,  where 
applicable,  Frontex,  to  a  third  country’s  competent  authority  where  the  following 
conditions are met: 

a. 

b. 

c. 

the third-country national whose personal data is transferred has been convicted in 
the previous 25 years of a terrorist offence or in the previous 15 years of any other 
criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European 
Parliament  and  of  the  Council52  if  it  is  punishable  by  a  custodial  sentence  or  a 
detention order for a maximum period of at least three years under the national law 
of the convicting Member State; 

the  transfer  of  data  is  necessary  for  the  purposes  of  carrying  out  the  readmission 
procedure referred to in Article 36; 

the third-country national whose personal data is transferred has been informed that 
his or her personal data may be shared with the authorities of a third country for the 
purpose of carrying out the readmission procedure; 

d.  prior  to  the  transfer,  the  competent  authority  and,  where  applicable,  Frontex,  has 
satisfied itself that the transfer of data does not risk breaching the principle of non-
refoulement; 

52 

Regulation  (EU)  2018/1240  of  the  European  Parliament  and  of  the  Council  of  12  September  2018 
establishing  a  European  Travel  Information  and  Authorisation  System  (ETIAS)  and  amending 
Regulations  (EU)  No  1077/2011,  (EU)  No  515/2014,  (EU)  2016/399,  (EU)  2016/1624  and  (EU) 
2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). 

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e. 

prior  to  the  transfer,  the  competent  authority  and,  where  applicable,  Frontex,  has 
satisfied  itself  that  the  transfer  of  data  does  not  risk  breaching  Article  50  of  the 
Charter. 

2.  Data relating  to  one or several criminal  convictions of a third-country national may be 
processed  and  transferred  in  individual  cases  by  a  competent  authority  and,  where 
applicable,  Frontex  to  a  third  party  competent  for  reintegration  assistance  where  the 
following conditions are met: 

a. 

b. 

c. 

the third-country national whose personal data is transferred has been convicted in 
the previous 25 years of a terrorist offence or in the previous 15 years of any other 
criminal  offence  listed  in  the  Annex  to  Regulation  (EU)  2018/1240  if  it  is 
punishable by a custodial sentence or a detention order for a maximum period of at 
least three years under the national law of the convicting Member State; 

the transfer of data is necessary for the purposes of providing a tailor-made and non-
financial reintegration assistance referred to in Article 46; 

the third-country national whose personal data is transferred has been informed that 
his or her personal data may be shared with a third party competent for reintegration 
assistance for the purposes of providing tailor-made and non-financial reintegration; 

d.  prior  to  the  transfer,  the  competent  authority  and,  where  applicable,  Frontex  has 
satisfied itself that the transfer of data does not risk breaching the principle of non-
refoulement.  

3.  Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall 
ensure  that  such  transfers  comply  with  Chapter  V  of  Regulation  (EU)  2016/679  and 
Chapter V of Regulation (EU) 2018/1725, respectively. 

4.  Where  a  transfer  is  made  pursuant  to  paragraph  1  or  2,  such  a  transfer  shall  be 
documented and the documentation shall, on request, be made available to the competent 
supervisory  authority  established  in  accordance  with  Article  51(1)  of  Regulation  (EU) 
2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time 
of the transfer, information about the receiving third country’s competent authority, the 
justification that the transfer complies with the conditions laid down in paragraph 1 or 2 
and the personal data transferred. 

Article 41 
Transfer of health data of third-country nationals to third countries for the purposes of 
carrying out the return operation and reintegration 

1.  Data concerning the medical assistance to be provided to third-country nationals during 
the return operation may be processed and transferred in individual cases by a competent 
authority and, where applicable, Frontex, to a third country’s competent authority where 
the following conditions are met: 

a. 

b. 

the  transfer  of  data  is  necessary  for  the  purposes  of  carrying  out  the  return 
operation; 

the third-country national whose personal data is transferred has been informed that 
his or her personal data may be shared with the authorities of a third country for the 
purposes of carrying out the return operation; 

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c. 

prior  to  the  transfer,  the  competent  authority  and,  where  applicable,  Frontex  has 
satisfied itself that the transfer of data does not risk breaching the principle of non-
refoulement. 

2.  Data  concerning  health  of  third-country  nationals  may  be  processed  and  transferred  in 
individual cases by a competent authority and, where applicable, Frontex to a third party 
competent for reintegration assistance where the following conditions are met: 

a. 

b. 

the  transfer  of  data  is  necessary  for  the  purposes  of  providing  reintegration 
assistance referred to in Article 46 that is tailored to the medical needs of the third-
country national; 

the third-country national whose personal data is transferred has been informed that 
his or her personal data may be shared with a third party competent for reintegration 
assistance,  for  such  assistance  to  be  tailored  to  his  or  her  medical  needs,  and  has 
consented to such transfer. 

3.  Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall 
ensure  that  such  transfers  comply  with  Chapter  V  of  Regulation  (EU)  2016/679  and 
Chapter V of Regulation (EU) 2018/1725, respectively. 

4.  Where  a  transfer  is  made  pursuant  to  paragraph  1  or  2,  such  a  transfer  shall  be 
documented and the documentation shall, on request, be made available to the competent 
supervisory  authority  established  in  accordance  with  Article  51(1)  of  Regulation  (EU) 
2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time 
of the transfer, information about the receiving third country’s competent authority, the 
justification that the transfer complies with the conditions laid down in paragraph 1 or 2 
and the personal data transferred. 

Chapter VIII 
COMMON SYSTEM FOR RETURNS 

Article 42 
Components of a common system for returns 

1.  A common system for returns pursuant to this Regulation shall consist of: 

a. 

b. 

c. 

a common procedure for the return of third-country nationals with no right to stay in 
the  Union,  including  a  common  procedure  for  readmission  as  an  integral  part 
thereof; 

a system of recognition and enforcement of return decisions among Member States; 

the  necessary  resources  and  sufficient  competent  personnel  in  Member  States  for 
the implementation of this Regulation, including for detention; 

d.  digital  systems  for  managing  the  return,  readmission  and  reintegration  of  third-

country nationals; 

e. 

cooperation between Member States; 

f.  Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line 

with their respective mandates. 

2.  The Union and the Member States shall identify common priorities in the field of return, 
readmission  and  reintegration  and  ensure  the  necessary  follow-up,  taking  into  account 
the European Asylum and Migration Management Strategy adopted pursuant to Article 8 

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of  Regulation  (EU)  2024/1351,  the  implementation  of  the  return  border  procedure 
pursuant  to  Regulation  (EU)  2024/1351,  the  assessment  of  the  level  of  cooperation  of 
third-countries  with  Member  States  on  readmission  in  accordance  with  Article  25a  of 
Regulation  (EC)  810/2009  of  the  European  Parliament  and  of  the  Council53  and  the 
Union  readmission  instruments  and  any  other  Union  instrument  relevant  for  the 
cooperation on readmission. 

3.  The Union and the Member States shall ensure loyal cooperation and close coordination 
between competent authorities and between the Union and the Member States, as well as 
synergy  between  internal  and  external  components,  taking  into  account  their  shared 
interest  in  the  effective  functioning  of  the  Union’s  asylum  and  migration  management 
policies. 

Article 43 
Competent authorities and resources 

1.  Each  Member  State  shall  designate,  in  accordance  with  national  law,  the  competent 

authorities responsible for fulfilling the obligations arising under this Regulation. 

2.  Each  Member  State  shall  allocate  the  necessary  resources  to  competent  authorities, 
including appropriately trained staff who received guidance to fulfil their obligations set 
out in this Regulation. 

3.  Member  States  shall  ensure  a  sufficient  level  of  detention  capacity  taking  into  account 
actual needs and expected returns in the next 12 months, particularly for the purpose of 
well-prepared  systems  and  contingency  planning  pursuant  to  Article  7  of  Regulation 
(EU) 2024/1351. 

4.  Member States may be supported by competent authorities of another Member State in 
accordance  with  Article  44  and  relevant  staff  of  Union  Agencies,  including  in 
accordance with Article 45. 

Article 44 
Cooperation between Member States 

1.  Cooperation and assistance between competent authorities designated in accordance with 

Article 43 shall take place for the purpose of: 

a. 

allowing  transit  through  their  territory  to  assist  that  a  return  decision  of  another 
Member State can be complied with or travel documents obtained; 

b.  providing logistical, financial or other material or in-kind assistance; 

c. 

d. 

e. 

leading or supporting the policy dialogue and exchanges with the authorities of third 
countries for the purpose of facilitating readmission; 

contacting the competent authorities of third countries for the purpose of verifying 
the identity of third-country nationals and obtaining a valid travel document; 

organising, on behalf of the requesting Member State, the practical arrangement for 
the enforcement of return;  

53 

Regulation  (EC)  No  810/2009  of  the  European  Parliament  and  of  the  Council  of  13  July  2009 
establishing  a  Community  Code  on  Visas  (Visa  Code)  (OJ  L  243,  15.9.2009,  p.  1,  ELI: 
http://data.europa.eu/eli/reg/2009/810/oj). 

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f. 

g. 

facilitating the transfer referred to in Article 8(1), point (b); 

supporting  the  departure  of  a  third-country  national  towards  the  Member  State  in 
which  he  or  she  has  a  right  to  stay  in  accordance  with  Article  8(1),  first 
subparagraph. 

Article 45 
Frontex support 

1.  Member  States  may  request  that  their  competent  authorities  be  assisted  by  experts 
deployed  or  supported  by  Frontex,  including  return  liaison  officers  and  other  liaison 
officers, in accordance with Regulation (EU) 2019/1896. 

2.  Member  States  shall  provide  relevant  information  to  Frontex  with  regard  to  planned 
needs  for  Frontex  support for  the  purpose  of  the  necessary  planning  of  the  Agency's 
support  in  line  with  the  Union  priorities  in  the  area  of  return,  readmission  and 
reintegration, the implementation of the return border procedure pursuant  to Regulation 
(EU) 2024/1349, the European Asylum and Migration Strategy pursuant to Article 8 of 
Regulation (EU) 2024/1351 and the priorities in the context of the regular assessment of 
readmission cooperation pursuant to Article 25a of Regulation (EC) 810/2009. 

Article 46 
Support for return and reintegration 

1.  Member States shall establish return and reintegration counselling structures to provide 
third-country  nationals  with  information  and  guidance  about  return  and  reintegration 
options, including programmes referred to in paragraph 3, as early in the return process 
as  possible.  Return  and  reintegration  counselling  may  be  combined  with  other 
counselling in the context of other migration procedures in the Member State. 

2.  Member  States  shall  ensure  that  information  about  return  and  reintegration  is  also 
provided prior to issuing the return decision, in particular when Article 37 of Regulation 
(EU) 2024/1348 is applicable. 

3.  Member  States  shall  establish  national  programmes  for  supporting  the  return  and 
reintegration and shall, as a general rule, make use of the programmes provided by the 
Union.  National  programmes  and  reintegration  assistance  provided  by  the  Union  shall 
consist  of  logistical,  financial  and  other  material  or  in-kind  assistance  or  incentives, 
including  reintegration  assistance  in  the  country  of  return,  provided  to  a  third-country 
national. 

4.  Reintegration  assistance  shall  not  be  an  individual  right  and  shall  not  constitute  a  pre-

requisite for the readmission procedure. 

5.  The assistance provided through the programmes for return and reintegration shall reflect 
the level of cooperation and compliance of the third-country national and may decrease 
over time. The following criteria shall be taken into account when determining the kind 
and extent of the return and reintegration assistance where applicable: 

a. 

the  cooperation  of  the  third-country  national  concerned  during  the  return  and 
readmission procedure, as provided for in Article 21; 

b.  whether the third country national is returning voluntarily, or is subject to removal;  

c.  whether the third-country national is a national of a third country listed in Annex II 

to Regulation (EU) 2018/1806; 

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d.  whether the third country national has been convicted of a criminal offence; 

e.  whether  the  third-country  national  has  specific  needs  by  reason  of  being  a 

vulnerable person, minor, unaccompanied minor or part of a family. 

6.  The assistance  referred to  in  this Article shall not  be granted to  third-country nationals 
who already benefited from another or the same support provided by a Member State or 
the  Union.  The  Union,  Member  States  and  Frontex  shall  ensure  coherence  and 
coordination on reintegration assistance. 

Chapter IX 
FINAL PROVISIONS 

Article 47 
Emergency situations 

1. 

In  situations  where  an  exceptionally  large  number  of  third-country  nationals  to  be 
returned places an unforeseen heavy burden on the capacity of the detention facilities of 
a Member State or on its administrative or judicial staff, such a Member State may, as 
long as the exceptional situation persists, decide to allow for periods for judicial review 
longer than those provided for in Article 33(3) and to take urgent measures in respect of 
the conditions of detention derogating from those set out in Articles 34(1) and 35(2). 

2.  When resorting to such exceptional measures, the Member State concerned shall inform 
the  Commission  without  delay.  It  shall  also  inform  the  Commission  as  soon  as  the 
reasons for applying these exceptional measures have ceased to exist. 

3.  Nothing in this Article shall be interpreted as allowing Member States to derogate from 
their general obligation to take all appropriate measures, whether general or particular, to 
ensure fulfilment of their obligations under this Regulation. 

Article 48 
Statistics 

1.  Without  prejudice to  Regulation  (EC) 862/2007  of the European Parliament  and of the 
Council54,  Member  States  shall  communicate  to  the  Commission  (Eurostat)  on  a 
quarterly basis the following data: 

a. 

number of third-country  nationals  subject  to  recognised return decisions issued by 
another Member State; 

b.  number of third-country nationals subject to alternative measures to detention; 

c. 

number of third country nationals subject to detention. 

2.  The  data  communicated  shall  be  disaggregated  by  age,  sex  and  citizenship.  The  data 
shall  relate  to  the  reference  period  of  one  quarter.  Member  States  shall  supply  to  the 
Commission  (Eurostat)  data  for  three  calendar  months  constituting  one  quarter  within 
two months of the end of each quarter. The first reference period shall be [second quarter 
following entry into application of this Regulation]. 

54 

Regulation  (EC)  No  862/2007  of  the  European  Parliament  and  of  the  Council  of  11  July  2007  on 
Community statistics on migration and international protection and repealing Council Regulation (EEC) 
No  311/76  on  the  compilation  of  statistics  on  foreign  workers  (OJ  L  199,  31.7.2007,  p.  23,  ELI: 
http://data.europa.eu/eli/reg/2007/862/oj). 

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3.  Member States shall communicate to Frontex on a monthly basis the following data, as 

well as the corresponding datasets, regarding each third country: 

a. 

number of readmission applications submitted; 

b.  number  of  requests  for  confirmation  of  nationality  and  number  of  positive  and 

negative replies received concerning confirmation of nationality requests; 

c. 

number  of  requests  for  issuance  of  travel  documents,  number  of  travel  documents 
issued  by  the  third-country  authorities  and  number  of  negative  replies  concerning 
the request of travel documents; 

d.  number of beneficiaries of reintegration assistance broken down by third-country. 

Frontex shall grant the Commission access to the data referred to in this paragraph. 

4.  The  data  referred  to  in  paragraphs  1  and  3,  disaggregated  by  Member  State,  may  be 
communicated to third countries for the purposes of monitoring the implementation of, 
and compliance with, the principle of readmission, including in the framework of Union 
readmission instruments. 

Article 49 
Committee procedure 

1.  The Commission shall be assisted by a committee. That committee shall be a committee 

within the meaning of Regulation (EU) No 182/2011. 

2.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No  182/2011 
shall apply. Where the Committee delivers no opinion, the Commission shall not adopt 
the draft implementing act, and Article 5(4), third subparagraph, of Regulation (EU) No 
182/2011 shall apply. 

Article 50 
Reporting 

1.  By [date] and every five years thereafter, the Commission  shall report to  the European 
Parliament and to the Council on the application of this Regulation in the Member States 
and shall, where appropriate, propose amendments. 

2.  Member States shall, at the request of the Commission, send it the necessary information 

for drawing up its report no later than nine months before the time limit expires. 

Article 51 
Repeal 

1.  Directive  2008/115/EC  is  repealed  for  the  Member  States  bound  by  this  Regulation. 
Directive 2001/40/EC and Council Decision 2004/191/EC are repealed with effect from 
the publication of the implementing decision referred to in Article 9(2) for the Member 
States bound by this Regulation. 

2.  References to the repealed Directives shall be construed as references to this Regulation 

and shall be read in accordance with the correlation table in the Annex. 

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Article 52 
Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

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LEGAL, FINANCIAL AND DIGITAL STATEMENT 

1. 

1.1. 

1.2. 

1.3. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3 

Title of the proposal/initiative ...................................................................................... 3 

Policy area(s) concerned .............................................................................................. 3 

Objective(s) .................................................................................................................. 3 

1.3.1.  General objective(s) ..................................................................................................... 3 

1.3.2.  Specific objective(s) ..................................................................................................... 3 

1.3.3.  Expected result(s) and impact ...................................................................................... 3 

1.3.4. 

Indicators of performance ............................................................................................ 3 

1.4. 

1.5. 

The proposal/initiative relates to: ................................................................................. 4 

Grounds for the proposal/initiative .............................................................................. 4 

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative ............................................................ 4 

1.5.2.  Added value of EU involvement (it may result from different factors, e.g. 

coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this section 'added value of EU involvement' is the value resulting 
from EU action, that is additional to the value that would have been otherwise 
created by Member States alone. ................................................................................. 4 

1.5.3.  Lessons learned from similar experiences in the past .................................................. 4 

1.5.4.  Compatibility with the multiannual financial framework and possible synergies with 
other appropriate instruments ....................................................................................... 5 

1.5.5.  Assessment of the different available financing options, including scope for 

redeployment ................................................................................................................ 5 

1.6. 

1.7. 

2. 

2.1. 

2.2. 

2.2.1. 

2.2.2. 

Duration of the proposal/initiative and of its financial impact .................................... 6 

Method(s) of budget implementation planned ............................................................. 6 

MANAGEMENT MEASURES................................................................................... 8 

Monitoring and reporting rules .................................................................................... 8 

Management and control system(s) ............................................................................. 8 

Justification of the budget implementation method(s), the funding implementation 
mechanism(s), the payment modalities and the control strategy proposed .................. 8 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them............................................................................................................ 8 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio between 

the control costs  and the value of the related funds managed), and assessment of the 
expected levels of risk of error (at payment & at closure) ........................................... 8 

2.3. 

3. 

3.1. 

Measures to prevent fraud and irregularities ................................................................ 9 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 10 

Heading(s) of the multiannual financial framework and expenditure budget line(s) 
affected ....................................................................................................................... 10 

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3.2. 

Estimated financial impact of the proposal on appropriations ................................... 12 

3.2.1.  Summary of estimated impact on operational appropriations.................................... 12 

3.2.1.1.  Appropriations from voted budget ............................................................................. 12 

3.2.1.2.  Appropriations from external assigned revenues ....................................................... 17 

3.2.2.  Estimated output funded from operational appropriations......................................... 22 

3.2.3.  Summary of estimated impact on administrative appropriations ............................... 24 

3.2.3.1. Appropriations from voted budget .............................................................................. 24 

3.2.3.2.  Appropriations from external assigned revenues ....................................................... 24 

3.2.3.3.  Total appropriations ................................................................................................... 24 

3.2.4.  Estimated requirements of human resources.............................................................. 25 

3.2.4.1.  Financed from voted budget....................................................................................... 25 

3.2.4.2.  Financed from external assigned revenues ................................................................ 26 

3.2.4.3.  Total requirements of human resources ..................................................................... 26 

3.2.5.  Overview of estimated impact on digital technology-related investments ................ 28 

3.2.6.  Compatibility with the current multiannual financial framework.............................. 28 

3.2.7.  Third-party contributions ........................................................................................... 28 

3.3. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

4.5. 

Estimated impact on revenue ..................................................................................... 29 

DIGITAL DIMENSIONS .......................................................................................... 29 

Requirements of digital relevance .............................................................................. 30 

Data ............................................................................................................................ 30 

Digital solutions ......................................................................................................... 31 

Interoperability assessment ........................................................................................ 31 

Measures to support digital implementation .............................................................. 32 

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1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

Proposal  for  a  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF 
THE  COUNCIL  establishing  a  common  system  for  the  return  of  third-country 
nationals staying illegally in the European Union. 

1.2. 

Policy area(s) concerned  

Migration 

1.3. 

Objective(s) 

1.3.1.  General objective(s) 

The  general  objective  of  this  proposal  is  to increase  the  efficiency  of  the  return 
process  by  providing  Member  States  with  clear,  modern,  simplified  and  common 
rules  for  managing  effectively  returns  and  make  the  process  clearer  both  for  the 
competent authorities and the third-country national concerned. 

1.3.2. 

Specific objective(s) 

Specific objective No 1 

Create  a  more  unified  approach  among  Member  States  rules  on  returns,  overcome 
divergent practices by establishing a common EU system for returns and avoid that 
return rules can be circumvented by a third-country nationals. 

Specific objective No 2 

Streamline the return procedure, make return rules easy and efficient to apply, while 
improving clarity, including on procedural safeguards. 

Specific objective No 3 

through  a 
Incentivise  cooperation  by  the  third-country  nationals  concerned 
combination  of  obligations,  incentives  to  cooperate  and  consequences  for  non-
cooperation. 

1.3.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

An improved legal architecture designed to expedite and streamline return processes 
while  safeguarding  fundamental  rights.  The  proposal  seeks  to  enhance  procedural 
efficiency  through  common  rules  and  to  introduce  procedural  simplification,  and 
facilitating  the  recognition  and  enforcement  of  return  decisions  issued  by  other 
Member  States,  fostering  greater  coherence  and  clarity  in  implementation.  It  is 
expected to speed up the return process with an end result of increasing the number 
of returns. 

The  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE 
COUNCIL  establishing  a  common  system  for  the  return  of  third-country  nationals 
staying  illegally  in  the  European  Union  responds  to  the  political  calls  for  a  new 
approach to manage returns in the EU.  

It will ensure that key novelties such as the obligation to cooperate, assessing the risk 
of absconding, detention and alternatives to detention are coherently addressed in all 
Member States. While in the short-term this will require adaptation in some Member 

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States’  practices,  significant  efficiency  gains  are  expected  over  time  with  better 
clarity of the rules. 

The  initiative  envisages  that  the  key  elements  of  Member  States'  return  decisions 
shall  be  inserted  in  a  common  form  called  'European  Return  Order'  to  support  the 
recognition of return decisions and sending a strong signal to third country nationals 
and contributing to addressing secondary movements. 

Obligations imposed on third-country nationals will be coherent in all Member States 
which  will  help  to  address  some  of  the  distortions  in  the  current  system  where 
differences  between  Member  States  are  being  exploited  by  third-country  nationals. 
The Regulation is expected to be the base for a more joined-up return system at EU-
level, directly applicable and addressed to Member States, the Union, Agencies and 
the third-country nationals. The proposal will facilitate better and more joined-up and 
strategic use of Frontex support on return, for example, in the context of joint return 
operations.  The 
initiative  establishes  a  common  procedural  approach to the 
submission  of  readmission  requests  and  increases  transparency  and  coordination  in 
the  approach  towards  third  countries  on  readmission.  The  proposal  introduces  the 
possibility of a standard readmission application form, specifying the format and the 
essential elements of a readmission application, notably the request for confirmation 
of  nationality  and  the  request  for  issuance  of  travel  documents.  This  will  foster  a 
cohesive cooperation approach to third countries’ authorities, thereby contributing to 
facilitating, and will facilitate and improve the quality  of data collection, providing 
for  better  evidence  for  decision  making.  The  Regulation  aims  to  support  the 
implementation of the Pact. It will reconcile the need for common EU rules on return 
and  granting  a  certain  degree  of  flexibility  to  the  Member  States.  It  will  allow  for 
adjustments  to  fit  the  national  realities  and  the  national  contexts  of  migration 
management, particularly when it comes to obligation to cooperate, consequences of 
non-cooperation,  choice  and  modalities  of  alternatives  to  detention  and  procedural 
aspects of the process, including the appeal.  

This proposal fully respects human dignity, the right to life, the prohibition of torture 
and  of  inhuman  and  degrading  treatment  or  punishment,  the  right  of  liberty  and 
security, the right to protection of personal data, as well as protection in the event of 
removal notably the principle of non-refoulement, non-discrimination and the right to 
an effective remedy. 

The  right  to  liberty  and  freedom  of  movement  is  protected,  given  that  detention  is 
justified only on specific grounds clearly defined in the Regulation. The Regulation 
also frames the use of alternatives to detention, bearing in mind that alternatives to 
detention  are less  invasive  than  detention  but  nevertheless  entail restrictions  of 
liberty.  

This Regulation foresees that the needs of vulnerable persons including minors shall 
be duly taken in to account in the return process. This Regulation guarantees that the 
best  interests  of  the  child shall  be  of  primary  consideration  when  applying  this 
Regulation. Special rules apply for minors in the return process, especially as regards 
detention conditions. Moreover, some of the key novelties brought by the new Pact 
legislation, notably when it comes to age assessments of minors and the practice of 
appointing  a  representative  to  accompany  an  unaccompanied  minor  are  now  being 
introduced also for the return procedure through this Regulation. 

1.3.4. 

Indicators of performance 

Specify the indicators for monitoring progress and achievements. 

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By  [date]  and  every  five  years  thereafter,  the  Commission  shall  report  to  the 
European Parliament and to the Council on the application of this Regulation in the 
Member States. 

The  following  main  indicators  will  allow  for  the  monitoring  of  the  implementation 
and performance of the specific objectives. 

Specific objective 1: Create a more unified approach among Member States rules on 
returns, overcome divergent practices and the need for interpretation by establishing 
a common EU system for returns and avoid that return rules can be circumvented by 
third-country nationals  

- number of third-country nationals subject to recognised return decisions issued by 
another Member State; 

-  yearly  share  of  joint  return  operations  from  the  total  return  by  charter  operations 
organised with Frontex assistance. 

Specific objective No 2: Streamline the return procedure, make return rules easy and 
efficient  to  apply,  while  updating  improving  definitions  and  provide  more  clarity, 
including on for the procedural safeguards. 

statistical data on increased return rates. 

Specific  objective  No  3:  Incentivise  cooperation  by  the  third-country  nationals 
concerned  through  a  combination  of  obligations,  incentives  to  cooperate  and 
consequences for non-cooperation. 

- yearly data on effective returns (breakdown by forced and voluntary) 

- number of third-country nationals subject to alternative measures to detention. 

- number of third country nationals subject to detention. 

1.4. 

The proposal/initiative relates to:  

 a new action  
 a new action following a pilot project / preparatory action55  

 the extension of an existing action  

 a merger or redirection of one or more actions towards another/a new action 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative 

Following  the  adoption  of  the  proposal  by  the  co-legislators  (potential  target  in 
2026),  the  roll-out  of  the  implementation  of  the  legislative  initiative,  requires 
technical and procedural measures at EU and national level, which should start when 
the legislation enters into force. 

The implementation of the Regulation will require the adoption of two implementing 
acts  within  3  to  6  months  from  the  date  of  application  of  the  Regulation  -  one  to 
establish  common  form  for  the  European  Return  Order  and  one  to  establish  the 
standard form to be used to submit readmission applications. 

55 

As referred to in Article 58(2), point (a) or (b) of the Financial Regulation. 

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Member  States  shall  provide  Frontex  with  the  necessary  information  on  planned 
needs for support to ensure that Frontex can strategically plan its support.  

The  relevant  resources  of  Frontex  –  in  particular  human  and  financial  resources  - 
should  be  scaled  up  over  time  in  line  with  the  enhancement  of  the  mandate  and 
increase  in  demand  for  support  on  returns.  Following  entry  into  application,  the 
implementation of the activities will be rolled-out in a gradual timeline, to follow the 
expected gradual increase of demands on Frontex’s services and activities, as well as 
necessary time for absorption of new resources. 

1.5.2.  Added  value  of  EU  involvement  (it  may  result  from  different  factors,  e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the  purposes  of  this  section  'added  value  of  EU  involvement'  is  the  value  resulting 
from  EU  action,  that  is  additional  to  the  value  that  would  have  been  otherwise 
created by Member States alone. 

Reasons for action at EU level (ex-ante)  

The  safe  and  dignified  return  of  third-country  nationals  with  no  right  to  stay  is  an 
essential  element  of  the  EU’s  comprehensive  approach  to  asylum  and  migration. 
Effective  return  is  crucial  for  upholding  the  credibility  of  migration  and  asylum 
policies.  At  EU  level  return  policy  is  regulated by Directive  2008/115/EC56 
(hereinafter  'the  Return  Directive').  Several  challenges  currently  undermine  the 
efficiency and effectiveness of return, ranging from inefficient procedures at national 
level  to  insufficient  cooperation  from  third  countries  in  readmitting  their  nationals. 
Despite  substantial  efforts  at  political  and  operational  level,  at  present,  return  is 
falling  well  short  of  a  satisfactory  level  of  implementation:   only  around  20%  of 
third-country nationals ordered to leave the Union, actually leave.  

This Regulation seeks to equip all Member States with seamless, efficient procedures 
and  to  avoid  that  third-country  nationals  move  between  Member  States  for  the 
purpose of frustrating the return process. 

The new procedures would be governed by the same rules, regardless of the Member 
State applying them, to ensure their efficiency as well as to ensure clarity and legal 
certainty for the individual. 

Member States cannot individually establish common rules to reduce incentives for 
unauthorised  movements  between  them.  Therefore,  the  objectives  of  this  proposal 
cannot be sufficiently achieved by the Member States and can, by reason of the scale 
and effects of this Regulation, be better achieved at Union level. In accordance with 
the principle of subsidiarity as set out in Article 5 of the Treaty on European Union, 
the Union must therefore act and may adopt measures. 

Expected generated  EU added value (ex-post) 

The Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF 
THE  COUNCIL  establishing  a  common  system  for  the  return  of  third-country 

56 

Directive 2008/115/EC on common standards and procedures in Member States for returning illegally 
staying third-country nationals 

EN 

6 

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nationals  staying  illegally  in  the  European  Union  will  respond  to  the  political  calls 
for a new approach to manage returns in the EU. 

It  presents  a  revamped  legal  framework  that  updates  the  return  legislation  dating 
from  2008,  aligns  it  with  developments  made  in  the  migration  field,  including  the 
Pact on Migration and Asylum, and makes it fit for today’s needs and challenges. It 
seeks to bring simplification and enhance the efficiency of the return process while 
ensuring  full  adherence  to  fundamental  rights,  thereby  reinforcing  the  EU's 
commitment  to  a  balanced  and  credible  migration  policy.  The  proposal  seeks  to 
equip  Member  States  with  the  necessary  tools  to  ensure  effective  returns  of  third-
country nationals with no legal right to stay in the Union, using the opportunities of 
EU-level cooperation to the full. Minimum safeguards for the rights of affected third-
country  nationals  would  also  be  harmonised,  encouraging  greater  mutual  trust  in 
Member States’ return systems. The fundamental rights of returnees are safeguarded 
through  clear  procedural  safeguards,  ensuring  that  return  decisions  are  subject  to 
scrutiny,  including  the  right  to  appeal  and  ensuring  the  respect  of  the  principle  of 
non-reofulement,  with  due  attention  to  vulnerable  persons  and  the  best  interests  of 
the child. The proposal is expected to speed up the return process with an end result 
of increasing the number of returns. 

1.5.3.  Lessons learned from similar experiences in the past 

Since the adoption of the Return Directive in 2008, the area of freedom, security and 
justice  and  the  Union's  migration  policy  has  seen  major  reform,  shifting  from 
establishing  minimum  standards  to  enhancing  coherence  and  operational  practice 
across the EU. In response, a 2018 proposal to revise the Return Directive57 sought 
legal framework updates and efficiency improvements. However, while the Council 
reached  a  partial  general  approach  in  201958,  internal  discussions  within  the 
European Parliament did not lead to an agreed position59 and negotiations remained 
at a standstill during most of the last Commission’s mandate. 
In September 2020, the Commission proposed the Pact on Migration and Asylum60. 
One of the key objectives of the Pact is the establishment of a common EU system 
for returns that ensures effective returns in full respect of fundamental rights. On 14 
May 2024 the Pact legislation was adopted. One of the key objectives of the Pact is 
the establishment of a common EU system for returns that ensures effective returns 
in full respect of fundamental rights.  

57 

58 

59 

60 

Return 

Directive, 

Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  common  standards  and 
procedures  in  Member  States  for  returning  illegally  staying  third-country  nationals  (recast), 
COM/2018/634 final 
Council of the European Union (2019), Migration Policy: Council Agrees Partial Negotiating Position 
on 
Brussels, 
of 
https://www.consilium.europa.eu/en/press/2019/06/07/migration-policy-council-agrees-partial-
negotiating-position-on-return-directive 
European  Parliament,  Proposal  for  a  Recast  of  the  Return  Directive,  Legislative  Train  Schedule, 
European  Parliament,  Brussels,  https://www.europarl.europa.eu/legislative-train/theme-a-new-era-for-
european-defence-and-security/file-proposal-for-a-recast-of-the-return-directive 
European  Commission  (2020),  The  Pact  on  Migration  and  Asylum,  European  Commission,  Brussels, 
https://home-affairs.ec.europa.eu/policies/migration-and-asylum/pact-migration-and-asylum_en. 

European 

Council 

Union, 

the 

EN 

7 

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1.5.4.  Compatibility with the multiannual financial framework and possible synergies with 

other appropriate instruments 

The European Council of October 2024 called on the Commission to put forward a 
new return proposal as a matter of urgency. 

The  2024-2029  Political  Guidelines  of  President  von  der  Leyen  announced  the 
presentation of a new legislative proposal on returns. 

The  proposal  follows  up  on  the  Pact  on  Migration  and  Asylum  which  recognised 
returns as an essential part of the comprehensive approach to migration.  

The  investment  required  at  the  EU  level  and  Member  States’  level  are  compatible 
with the 2021-2027 Multiannual Financial Framework. The investments required at 
EU  level  and  Member  States  level  are  eligible  under  the  Asylum  and  Migration 
Funds  (AMIF)  during  the  2021-2027  multiannual  financial  framework  (MFF). 
Funding beyond the year 2027 will fall within the negotiations of the next MFF. 

1.5.5.  Assessment  of  the  different  available  financing  options,  including  scope  for 

redeployment 

Within the current MFF, the investment required at the Member States’ level can be 
met by redeployment within the existing programme AMIF. The costs covering the 
period  after  2027  are  indicative  and  do  not  prejudge  the  available  budget  for  the 
initiative  under  the  future  MFF.  However,  the  proposal  will  also  create  synergies 
with  the  activities  of  Union  agencies,  notably  with  the  European  Border  and  Coast 
Guard Agency. In the last  years, the trend has been towards an exponential  growth 
on  the  demand  from  Member  States  on  Frontex  assistance  on  returns,  leading  to 
yearly  budget  reinforcements  above  the  levels  initially  programmed.  Since  the 
proposal  will  introduce  important  enhancement  of  the  level  of  Frontex  activities  in 
the  area  of  return  the  proposal  needs  to  be  backed  by  financial  and  human 
reinforcements.  The  appropriations  needed  to  finance  this  enhancement  have  not 
been planned under the Frontex MFF allocation, as this is a new proposal for which 
amounts  were  not  known  at  the  time  of  the  proposal.  It  is  proposed  to  reinforce 
Frontex  return  budget,  if  needed,  in  2025,  2026  and  2027  by  deploying  resources 
internally  within  the  Frontex  budget  depending  on  actual  consumption.  Funding 
beyond the year 2027 will fall within the negotiations of the next MFF. 

1.6 Duration of the proposal/initiative and of its financial impact 

 limited duration  

–    in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    financial  impact  from  YYYY  to  YYYY  for  commitment  appropriations  and 

from YYYY to YYYY for payment appropriations.  

 unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  followed by full-scale operation. 

EN 

8 

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1.7.  Method(s) of budget implementation planned61  

 Direct management by the Commission 

–   by its departments, including by its staff in the Union delegations;  

–    by the executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated 

–   international organisations and their agencies (to be specified) 

–   the European Investment Bank and the European Investment Fund 

–   bodies referred to in Articles 70 and 71 of the Financial Regulation 

–   public law bodies 

–   bodies governed by private law with a public service mission to the extent that 

they are provided with adequate financial guarantees 

–   bodies governed by the private law of a Member State that are entrusted with 
the  implementation  of  a  public-private  partnership  and  that  are  provided  with 
adequate financial guarantees 

–   bodies or persons entrusted with the implementation of specific actions in the 
common  foreign  and  security  policy  pursuant  to  Title  V  of  the  Treaty  on 
European Union, and identified in the relevant basic act 

–   bodies  established  in  a  Member  State,  governed  by  the  private  law  of  a 
Member  State  or  Union  law  and  eligible  to  be  entrusted,  in  accordance  with 
sector-specific  rules,  with  the  implementation  of  Union  funds  or  budgetary 
guarantees,  to  the extent that such bodies are controlled by public law bodies or 
by bodies governed by private law with a public service mission, and are provided 
with adequate financial guarantees in the form of joint and several liability by the 
controlling bodies or equivalent financial guarantees and which may be, for each 
action, limited to the maximum amount of the Union support. 

61 

Details of budget implementation methods and references to the Financial Regulation may be found on 
the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-
implementation/Pages/implementation-methods.aspx. 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The  implementation  and  functioning  of  the  Regulation  will  be  reviewed  and 
evaluated periodically through reporting. 

Drawing on the statistics and information gathered from the structured processes and 
transparency  mechanisms  provided  for  under  this  Regulation,  the  Commission 
should carry out an evaluation of this Regulation within five years of the date of its 
entry  into  force,  and  then  every  5  years  thereafter.  The  Commission  will  report  on 
the findings of the evaluation to the European Parliament and the Council. 

Funding implemented under the direct and indirect management will be implemented 
under the AMF Thematic Facility, which also falls under the general monitoring and 
evaluation mechanism of AMF. Streamlined templates and rules will be established 
in  order  to  collect  indicators  from  the  grant  and  contribution  agreements’ 
beneficiaries at the same pace as for the shared management, in order to ensure the 
disclosure  of  comparable  data.  When  the  Union  contribution  will  be  provided 
through shared management, the following rules  shall apply: Funding  implemented 
by  Member  States  under  shared  management  will  follow  the  rules  set  out  in 
Regulation  (EU)  2021/1060  of  24  June  2021,  referred  further  as  the  Common 
Provisions   Regulation,  in  Regulation  2018/2016  (Financial  Regulation)  and  in 
Regulation (EU) 2021/1147 of 7 July 2021 establishing the Asylum, Migration and 
Integration  Fund,  referred  further  as  AMIF  Regulation.  In  line  with  the  Common 
Provision Regulation, each Member State has already established a management and 
control  system  for  its  programme  to  ensure  the  quality  and  the  reliability  of  the 
monitoring  system.  Therefore,  for  shared  management,  a  coherent  and  efficient 
reporting,  monitoring  and  evaluation  framework  is  in  place.  Member  States  are 
required to set up a monitoring committee to which the Commission may participate 
in  advisory  capacity.  Monitoring  committees  will  review  all  issues  that  affect 
programme progress towards achieving its objectives. For the HOME affairs funds, 
Member  States  submit  to  the  Commission  their  annual  performance  reports  on  the 
implementation of the programme and the progress in achieving the milestones and 
targets.  Such  reports  should  also  raise  any  issues  affecting  the  performance  of  the 
programme and describe the action taken to address them. 

As  regards  Frontex,  the  monitoring  and  reporting  of  the  proposal  will  follow  the 
principles  outlined  in  European  Border  and  Coast  Guard Regulation62,  Financial 
Regulation63 and  in  line  with  the  Common  Approach  on  decentralised  agencies. 
European  Border  and  Coast  Guard  Agency  must  notably  send  each  year  to  the 
Commission,  the  European  Parliament  and  the  Council  a  Single  Programming 
Document  containing  multi-annual  and  annual  work  programmes  and  resources 
programming.  The  Document  sets  out  the  objectives,  expected  results  and 

62 

63 

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 
Europol : 
https://www.europol.europa.eu/sites/default/files/documents/decision_of_the_europol_management_bo
ard_on_the_adoption_of_the_financial_regulation_applicable_to_europol_.pdf  

EN 

10 

  EN 

 
 
performance indicators to monitor the achievement of the objectives and the results. 
Frontex must also submit a Consolidated Annual Activity Report to the management 
board. This report notably includes information on the achievement of the objectives 
and  results  set  out  in  the  Single  Programming  Document.  The  report  must  also  be 
sent to the Commission, the European Parliament and the Council. 

2.2.  Management and control system(s)  

2.2.1. 

Justification  of  the  budget  implementation  method(s),  the  funding  implementation 
mechanism(s), the payment modalities and the control strategy proposed 

The control strategy will be based on the Financial Regulation and on the Common 
Procedures Regulation.  For  the  part  implemented  through  direct  and  indirect 
management  under  the  thematic  facility,  the  management  and  control  system  will 
build on the experience gained in the implementation of the current MFF. 

For  shared  management,  the  Common  Procedures  Regulation builds  on  the 
management and control strategy in place for the 2014-2020 programming period but 
introduces some measures aimed at simplifying the implementation and reducing the 
control burden at the level of both beneficiaries and Member States. 

Part  of  this  proposal  will  be  implemented  via  European  Border  and  Coast  Guard 
Agency budget, through indirect management. 

Pursuant  to  the  principle  of  sound  financial  management,  the  budget  of  European 
Border and Coast Guard Agency shall be implemented in compliance with effective 
and efficient internal control. European Border and Coast Guard Agency is therefore 
bound  to  implement  an  appropriate  control  strategy  coordinated  among  appropriate 
actors involved in the control chain. 

Regarding  ex-post  controls,  European  Border  and  Coast  Guard  Agency,  as  a 
decentralised agency, is notably subject to: 

- internal audit by the Internal Audit Service of the Commission; 

- annual reports by the European Court of Auditors, giving a statement of assurance 
as  to  the  reliability  of  the  annual  accounts  and  the  legality  and  regularity  of  the 
underlying transactions; 

- annual discharge granted by the European Parliament; 

-  possible  investigations  conducted  by  OLAF  to  ensure,  in  particular,  that  the 
resources allocated to agencies are put to proper use. 

As  partner  DG  to  European  Border  and  Coast  Guard  Agency,  DG  HOME  will 
implement its Control Strategy on decentralised agencies to ensure reliable reporting 
in the framework of its Annual Activity Report (AAR). While decentralised agencies 
have  full  responsibility  for  the  implementation  of  their  budget,  DG  HOME  is 
responsible  for  regular  payment  of  annual  contributions  established  by  the  EU 
Budgetary Authorities. 

Finally,  the  European  Ombudsman  provides  a  further  layer  of  control  and 
accountability at European Border and Coast Guard Agency. 

2.2.2. 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them 

For the shared management part, the general risks in relation to the implementation 
of  the  current  programmes  concerns  the  under-implementation  of  the  Fund  by  the 

EN 

11 

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Member  States  and  the  possible  errors  derived  from  the  complexity  of  rules  and 
weaknesses  in  management  and  control  systems.  The  draft  CPR  simplifies  the 
regulatory framework by harmonising the rules and management and control systems 
across the different Funds implemented under shared management. It simplifies also 
the  control  requirements  (e.g.  risk-based  management  verifications,  possibility  for 
proportionate control arrangements based on national procedures, limitations of audit 
work in terms of timing and/or specific operations). 

For  the  budget  implemented  by  European  Border  and  Coast  Guard  Agency,  a 
specific Internal Control Framework based on the Internal Control Framework of the 
European Commission is required. The Single Programming Document must provide 
information on the internal control systems, while the Consolidated Annual Activity 
Report  (CAAR)  must  contain  EN  59  EN  information  on  the  efficiency  and 
effectiveness of the internal control systems, including as regards risk assessment. 

Moreover,  the  European  Data  Protection  Supervisor  and  Frontex’s  data  protection 
officer - DPO (an independent function attached directly to the Management Board) 
supervise Frontex’s processing of personal data. 

Finally,  as  partner  DG  of  European  Border  and  Coast  Guard  Agency,  DG  HOME 
runs an annual risk management exercise to identify and assess potential high risks 
related to agencies’ operations. Risks considered as critical are reported annually in 
DG  HOME  management  plan  and  are  accompanied  by  an  action  plan  stating  the 
mitigating action. 

At operational level the following risks are identified: 

-  strained  operational  resources  due  to  increasing  operational  needs  of  Member 
States; 

-  lack  of  adequate  levels  of  financial  and  human  resources  to  match  operational 
needs. 

2.2.3.  Estimation  and  justification  of  the  cost-effectiveness  of  the  controls  (ratio  between 
the control costs  and the value of the related funds managed), and assessment of the 
expected levels of risk of error (at payment & at closure)  

For  the  shared  management  part,  the  cost  of  controls  is  expected  to  potentially 
increase for  Member  States.  With  the  risk-based  approach  to  management  and 
controls  being  introduced  in  the  draft  CPR  coupled  with  enhanced  drive  to  adopt 
simplified cost options (SCOs), the cost of controls for Member States is expected to 
be  reduced.  For  European  Border  and  Coast  Guard  Agency,  the  ratio  of  “control 
costs/value  of  the  related  funds  managed”  is  reported  on  by  the  Commission.  The 
2023  AAR  of  DG  HOME  reports  0,08%  for  this  ratio  in  relation  to  Indirect 
Management  Entrusted  Entities  and  Decentralised  Agencies,  including  European 
Border and Coast Guard Agency. 

2.3.  Measures to prevent fraud and irregularities  

DG  HOME  will  continue  to  apply  its  Anti-Fraud  Strategy  in  line  with  the 
Commission's  Anti-Fraud  Strategy  (CAFS)  in  order  to  ensure  inter  alia  that  its 
internal anti-fraud related controls are fully aligned with the CAFS and that its fraud 
risk  management  approach  is  geared  to  identify  fraud  risk  areas  and  adequate 
responses. 

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As  regards  shared  management,  Member  States  shall  ensure  the  legality  and 
regularity  of  expenditure  included  in  the  account  submitted  to  the  Commission.  In 
this  context,  Member  States  shall  take  all  required  actions  to  prevent,  detect  and 
correct irregularities. 

For  indirect  management,  the  measures  related  to  combating  fraud,  corruption  and 
any other illegal activities are outlined, inter alia, in article 117 of European Border 
and  Coast  Guard  Regulation.  Frontex  hall  notably  participate  in  fraud  prevention 
activities  of  the  European  Anti-fraud  Office  and  inform  the  Commission  without 
delay on cases of presumed fraud and other financial irregularities – in line with its 
internal anti-fraud strategy. 

Moreover, as partner DG, DG HOME has developed and implemented its own anti-
fraud  strategy  on  the  basis  of  the  methodology  provided  by  OLAF.  Decentralised 
agencies, including European Border and Coast Guard Agency, fall within the scope 
of the strategy. 

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

•  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Number  

10 01 01 00 

10 02 01 00 

11 10 01 00 

4 

4 

4 

Diff./Non-
diff.64 

from 
EFTA 
countries
65 

from 
candidate 
countries 
and 
potential 
candidates
66 

From 
other 
third 
countries 

other assigned 
revenue 

Diff./Non-
diff. 

Diff./Non-
diff. 

Diff./Non-
diff. 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

64 
65 
66 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

EN 

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3.2. 

Estimated financial impact of the proposal on appropriations  

3.2.1. 

Summary of estimated impact on operational appropriations  

–    The proposal/initiative does not require the use of operational appropriations  

–    The proposal/initiative requires the use of operational appropriations, as explained below 

3.2.1.1.  Appropriations from voted budget 

Heading of multiannual financial framework 

4 

EUR million (to three decimal places) 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL 
MFF 
2021-2027 

DG HOME 

Operational appropriations  

10 02 01 00 

Commitments 

Payments 

(1a) 

(2a) 

0,000 

0,000 

75,044 

122,240 

8,005 

8,514 

Appropriations of an administrative nature financed from the envelope of specific programmes 
10 01 01 00 

0,832 

0,000 

(3) 

1,610 

TOTAL appropriations 
for DG HOME 

Commitments 

=1a+1b+3 

Payments 

=2a+2b+3 

0,000 

0,000 

75,876 

123,850 

8,837 

10,124 

197,284 

16,519 

2,442 

199,726 

18,961 

Agency: European Border and Coast Guard Agency (Frontex) 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL 
2021 - 2027 

Budget line: 11 10 01 00 / EU Budget contribution to the agency 

0,148 

0,599 

1,124 

1,871 

It is proposed to reinforce Frontex’s return budget, if needed, in 2025, 2026 and 2027 by deploying resources internally within the Frontex’s budget, depending on actual consumption. The internal re-deployment may 
be compensated by a reduction of the envelope of the following programme AMIF / budget line: 10 02 01 00 / in the years: 2025-2027. 

EN 

15 

EN 

 
 
  
  
 
 
 
Year 

Year 

Year 

2025 

2026 

2027 

TOTAL 
MFF 
2021-2027 

operational 

TOTAL 
appropriations 
(including  contribution  to  decentralised 
agency) 

Commitments 

(4) 

0,148 

75,643 

123,364 

199,155 

Payments 

(5) 

0,148 

8,604 

9,637 

18,390 

TOTAL appropriations of an administrative nature financed 
from the envelope for specific programmes  

(6) 

0,000 

0,832 

1,610 

2,442 

TOTAL 
HEADING 4 

appropriations 

under 

Commitments 

=4+6 

0,148 

76,475 

124,974 

201,597 

of the multiannual financial framework 

Payments 

=5+6 

0,148 

9,436 

11,247 

20,832 

TOTAL 
Heading 1 to 6 

appropriations 

under 

of  the  multiannual  financial  framework 
(Reference amount) 

Commitments 

=4+6 

0,148 

76,475 

124,974 

201,597 

Payments 

=5+6 

0,148 

9,436 

11,247 

20,832 

Heading 
framework 

DG HOME 

of  multiannual 

financial 

7 

‘Administrative expenditure’ 

Year 

Year 

Year 

2025 

2026 

2027 

TOTAL 
MFF 
2021-2027 

EN 

16 

EN 

 
 
 
  
 
Human resources  

0,958 

1,146 

1,334 

3,438 

Other administrative expenditure  

0,000 

0,000 

0,000 

0,000 

TOTAL DG HOME 

Appropriations   0,958 

1,146 

1,334 

3,438 

TOTAL appropriations under HEADING 7 
of the multiannual financial framework  

(Total 
commitments  = 
Total payments) 

0,958 

1,146 

1,334 

3,438 

Year 

Year 

Year 

2025 

2026 

2027 

TOTAL 
MFF 
2021-2027 

TOTAL 
under HEADINGS 1 to 7 

appropriations  

Commitments  1,106 

77,621 

126,308  205,035 

of the multiannual financial framework  

Payments 

1,106 

10,582 

12,581 

24,270 

EN 

17 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated output funded from operational appropriations (not to be completed for decentralised agencies) 

Commitment appropriations in EUR million (to three decimal places) 

Indicate objectives and outputs 

ò 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL 
2021-2027 

OUTPUTS 

Type 

Average 
cost 

No 

Cost 

No 

Cost 

No  Cost 

No  Cost 

SPECIFIC OBJECTIVE No 1 Strengthen the European dimension in managing returns and simplify and increase effectiveness of the return process 

- Establish a common form for european return order 

- Establish a standard form for readmission applications 

0,087 

0,087 

0 

0,087 

0,087 

Subtotal for specific objective No 1 

0 

0,000 

0 

0,174 

0 

0,000 

0 

0,174 

SPECIFIC OBJECTIVE No 2 Streamline the return procedure 

- Increased number of forced returns 

17,070 

34,140 

Subtotal for specific objective No 2 

0 

0,000 

0 

17,070 

0 

34,140 

SPECIFIC OBJECTIVE No 3 Incentivise cooperation by the returnee 

- Incentives for voluntary returns  

- Detention capacity  

Subtotal for specific objective No 3 

TOTALS 

2,800 

55,000 

57,800 

75,044 

5,600 

82,500 

88,100 

122,240 

0 

0 

0 

0 

0,000 

0,000 

0 

0 

0 

0 

0 

0 

0 

0 

51,210 

51,210 

8,400 

137,500 

145,900 

197,284 

EN 

18 

EN 

 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
3.2.3. 

Summary of estimated impact on administrative appropriations  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–    The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below 

3.2.3.1. Appropriations from voted budget 

VOTED APPROPRIATIONS 

Year 

2025 

Year 

2026 

Year 

2027 

TOTAL 
2021 - 2027 

HEADING 7 

Human resources  

Other administrative expenditure  

Subtotal HEADING 7 

Outside HEADING 7 

Human resources  

Other expenditure of an administrative nature 

Subtotal outside HEADING 7 

0,958 

0,000 

0,958 

0,000 

0,000 

0,000 

1,146 

0,000 

1,146 

0,805 

0,027 

0,832 

1,334 

0,000 

1,334 

1,610 

0,000 

1,610 

3,438 

0,000 

3,438 

2,415 

0,027 

2,442 

TOTAL 

0,958 

1,978 

2,944 

5,880 

The appropriations required for human resources and other expenditure of an administrative 
nature will be met by appropriations from the DG that are already assigned to management of 
the  action  and/or  have  been  redeployed  within  the  DG,  together,  if  necessary,  with  any 
additional allocation which may be granted to the managing DG under the annual allocation 
procedure and in the light of budgetary constraints. 

3.2.4.  Estimated requirements of human resources  

–    The proposal/initiative does not require the use of human resources  

–    The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below 

3.2.4.1.  Financed from voted budget 

Estimate to be expressed in full-time equivalent units (FTEs)67 

VOTED APPROPRIATIONS 

 Establishment plan posts (officials and temporary staff) 

20 01 02 01 (Headquarters and Commission’s Representation Offices) 

20 01 02 03 (EU Delegations) 

01 01 01 01 (Indirect research) 

01 01 01 11 (Direct research) 

Other budget lines (specify) 

Year 

2025 

Year 

2026 

Year 

2027 

4 

0 

0 

0 

0 

5 

0 

0 

0 

0 

6 

0 

0 

0 

0 

67 

Please specify below the table how many FTEs within the number indicated are already assigned to the 
management of the action and/or can be redeployed within your DG and what are your net needs. 

EN 

19 

  EN 

 
  
 
 
 
• External staff (inFTEs) 

20 02 01 (AC, END from the ‘global envelope’) 

20 02 03 (AC, AL, END and JPD in the EU Delegations) 

Admin. Support 
line 
[XX.01.YY.YY] 

- at Headquarters 

- in EU Delegations  

01 01 01 02 (AC, END - Indirect research) 

 01 01 01 12 (AC, END - Direct research) 

Other budget lines (specify) - Heading 7 

Other budget lines (specify) - Outside Heading 7 

TOTAL 

2 

0 

0 

0 

0 

0 

0 

0 

6 

2 

0 

0 

5 

0 

0 

0 

0 

12 

2 

0 

0 

10 

0 

0 

0 

0 

18 

The  human  resources  necessary  for  the  initiative  are  composed  of  6  AD  officials  and  12 
external staff (10 AC and 2 SNE).  

At the moment, DG HOME has 4 AD officials and 2 external staff (SNE) working (FTE) on 
this  legislative  proposal  for  return  matters.  As  already  mentioned  and  explained  in  DG 
HOME’s  submission  for  the  DB  2026,  3  further  AD  officials  are  needed  to  carry  on  the 
negotiations  and  follow  up  on  the  implementation  of  this  new  initiative  and  future  new 
ecosystem for digitalisation of the return, readmission and reintegration process. Out of the 3 
AD  requested  in  the  DB  2026,  2  AD  officials  are  necessary  for  supporting  the 
negotiations/preparations  ahead  of  entry 
regulation,  drafting 
implementing/delegated  acts  and  have  been  mentioned  in  the  Legal  Financial  and  Digital 
Statement  of  the  current  proposal.  DG  Home  clarified  in  the  DG  submission  why  internal 
redeployments  are  currently  not  a  feasible  option  (DG  Home  have  used  them,  as  far  as 
possible already, to align priorities with necessary staff in other areas of work).This proposal 
requires  also  10  AC  to  be  placed  in  the  EU  delegations  in  third  countries  which  cannot  be 
redeployed  within  DG  HOME  and  have  to  be  allocated  to  DG  HOME  in  addition  to  the 
annual allocation. 

force  of 

into 

the 

EN 

20 

  EN 

 
 
 
 
The staff required to implement the proposal (in FTEs): 

Current staff 
available in the 
Commission 
services 

Additional staff* 

To be 
financed 
from BA line 

To be 
financed 
from fees 

To be 
financed 
under 
Heading 7 
or Research 

Establishment 
plan posts 

External 
(CA, 
INT) 

staff 
SNEs, 

4 

2 

N/A 

10 AC 

Description of tasks to be carried out by: 

Exceptionally, 
from the 
Commission 
redeployment 
pool after 
orientation 
from the 
CMB* 

2 

Officials and temporary staff 

External staff 

- 2 staff: Support to negotiations of the legislative proposal in the 
European Parliament and the Council  
- 1 staff: Drafting delegated and implementing acts + negotiations  
- 2 staff: Support to Member States and Frontex  in implementing  
- 1 staff: Drafting a handbook 

- 1 SNE: Support to negotiations of the legislative proposal in the 
European Parliament and the Council  
- 1 SNE: Drafting delegated and implementing acts + negotiations, 
Drafting a handbook and Support to Member States and Frontex in 
implementing  
- 10 AC: Support to Member States and Frontex in implementing 
readmission in third countries 

 3.2.5.  Overview of estimated impact on digital technology-related investments 

Compulsory: the best estimate of the digital technology-related investments entailed 
by the proposal/initiative should be included in the table below.  

Exceptionally,  when  required  for  the  implementation  of  the  proposal/initiative,  the 
appropriations under Heading 7 should be presented in the designated line.  

EN 

21 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The appropriations under Headings 1-6 should be reflected as “Policy IT expenditure 
on operational programmes”. This expenditure refers to the operational budget to be 
used to re-use/ buy/ develop IT platforms/ tools directly linked to the implementation 
of the initiative and their associated investments (e.g. licences, studies, data storage 
etc).  The  information  provided  in  this  table  should  be  consistent  with  details 
presented under Section 4 “Digital dimensions”. 

TOTAL Digital and IT appropriations 

Year 

Year 

Year 

Year 

2024 

2025 

2026 

2027 

TOTAL 
MFF 
2021 - 
2027 

HEADING 7 

IT expenditure (corporate)  

Subtotal HEADING 7 

Outside HEADING 7 

Policy IT expenditure on operational 
programmes 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

Subtotal outside HEADING 7 

0.000 

0.000 

0.000 

0.000 

0.000 

TOTAL 

0.000 

0.000 

0.000 

0.000 

0.000 

3.2.6.  Compatibility with the current multiannual financial framework  

The proposal/initiative: 

–    can be fully financed through redeployment within the relevant heading of the 

multiannual financial framework (MFF) 

The costs covered by AMIF and Frontex will be financed within the existing MFF.  

–    requires use of the unallocated margin under the relevant heading of the MFF 

and/or use of the special instruments as defined in the MFF Regulation 

Explain  what  is  required,  specifying  the  headings  and  budget  lines  concerned,  the 
corresponding amounts, and the instruments proposed to be used. 

–    requires a revision of the MFF 

Explain what is required, specifying the headings and budget lines concerned and the 
corresponding amounts. 

3.2.7.  Third-party contributions  

The proposal/initiative: 

–    does not provide for co-financing by third parties 

–    provides for the co-financing by third parties estimated below: 

Appropriations in EUR million (to three decimal places) 

Year  
2024 

Year  
2025 

Year  
2026 

Year  
2027 

Total 

Specify the co-financing body  

TOTAL appropriations co-
financed  

EN 

22 

  EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
3.2.8 Estimated human resources and the use of  appropriations required in  a decentralised 

agency 

Staff requirements (fulll-time equivalent units) 

Agency: European Border and Coast Guard 
Agency (Frontex) 

Year 

2025 

Year 

2026 

Year 

2027 

Temporary agents (AD Grades) 

Temporary agents (AST grades) 

Temporary agents (AD+AST) subtotal 

Contract staff 

Seconded National Experts 

Contract agents and SNE subtotal 

TOTAL staff 

2 

0 

2 

0 

0 

0 

2 

4 

1 

5 

1 

1 

2 

7 

7 

1 

8 

1 

2 

3 

11 

Appropriations  covered  by  the  EU  budget  contribution  in  EUR  million  (to  three  decimal 
places) 

Agency: European Border and Coast Guard 
Agency (Frontex) 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 
2021 - 2027 

Title 1: Staff expenditure 

0,148 

0,599 

1,124 

Title 2: Infrastructure and operating expenditure 

Title 3: Operational expenditure 

TOTAL of appropriations covered by the EU 
Budget  

0,148 

0,599 

1,124 

1,871 

0,000 

0,000 

1,871 

Overview/summary of human resources and appropriations (in EUR million) required by the 
proposal/initiative in a decentralised agency  

Agency: European Border and Coast Guard 
Agency (Frontex) 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 
2021 - 
2027 

Temporary agents (AD+AST) 

Contract agents 

Seconded National Experts 

Total staff 

Appropriations covered by the EU Budget 

Appropriations covered by fees 

Appropriations co-financed (if applicable) 

TOTAL appropriations 

2 

0 

0 

2 

0,148 

0,000 

0,000 

0,148 

5 

1 

1 

7 

0,599 

0,000 

0,000 

0,599 

8 

1 

2 

11 

1,124 

0,000 

0,000 

1,124 

1,871 

0,000 

0,000 

1,871 

It  is  proposed  to  reinforce  Frontex  return  budget,  if  needed,  in  2025,  2026  and  2027  by 
deploying  resources  internally  within  the  Frontex  budget  depending  on  actual  consumption. 
Funding beyond the year 2027 will fall within the negotiations of the next MFF. 

3.3. 

Estimated impact on revenue  

–    The proposal/initiative has no financial impact on revenue. 

EN 

23 

  EN 

 
 
  
  
  
  
  
  
  
  
  
  
 
 
–    The proposal/initiative has the following financial impact: 

– 

– 

– 

Budget revenue line: 

Article …………. 

 

 

on own resources  

on other revenue 

  please indicate, if the revenue is assigned to expenditure lines 

Appropriations 
available for the 
current financial 
year 

     EUR million (to three decimal places) 

Impact of the proposal/initiative68 

Year 2024 

Year 2025  Year 2026 

Year 2027 

For assigned revenue, specify the budget expenditure line(s) affected. 

[…] 

Other  remarks  (e.g.  method/formula  used  for  calculating  the  impact  on  revenue  or 
any other information). 

[…] 

4. 

DIGITAL DIMENSIONS 

4.1. 

Requirements of digital relevance 

This  initiative  is  closely  linked  to  another  separate  upcoming  initiative  on 
digitalisation of case management in the area of return, readmission and reintegration 
(new  common  approach  on  returns).  This  separate  upcoming  initiative  will 
thoroughly  address  the  digitalisation  of  the  processes  established  by  the  present 
initiative. 

to 

Reference 
the 
requirement 

Requirement description  Actor(s) 
affected 
or 
concerned  by 
the 
requirement 

High-level 
Processes 

Categories 

Article 42(1)(d)  The 

common  Union 
system  for  returns  must 
include  digital  systems  for 
return, 
managing 
and 
readmission 
third-
of 
reintegration 
country nationals. 

Member States  Establishment 
digital systems 

of 

Digital solution 

Article 7(7) 

to 

Obligation 
make 
available  in  the  Schengen 
the 
Information  System 

Member States  Recording of data  Data 

68 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20% for collection costs. 

EN 

24 

  EN 

 
 
 
 
 
 
 
Member States  Notification 

Data 

Member States  Recording of data  Data 

Article 21(5) 

Article 36(4) 

European  Return  Order 
the  main 
containing 
elements  of 
return 
the 
decision. 

Member States must either 
establish  in  national  law 
the 
of 
method 
the 
communication  with 
third-country nationals and 
the  point  in  time  at  which 
the 
is 
communication 
considered received by and 
notified 
third-
country  national  or  make 
use  of  digital 
system 
and/or 
developed 
supported  by  the  EU  for 
the 
such 
communication. 

purpose 

the 

of 

to 

the 

about 

Information 
the 
outcome of the request for 
confirmation of nationality 
and  the  travel  document 
obtained must be uploaded 
in 
Schengen 
Information System by the 
authority 
competent 
Such 
concerned. 
travel 
information 
document  must  be  made 
available  to  the  competent 
other 
authorities 
upon 
Member 
request. 

of 
States 

and 

4.2. 

Data 

Type of data  

Reference to the requirement(s)  Standard  and/or  specification 

(if applicable) 

Article 42(1)(d) 

n/a 

Data necessary for the application 
of the present initiative aiming to 
establish  a  common  EU  system 
for  the  return  of  third-country 
nationals  staying  illegally  in  the 
EU. 

return 
Common 
containing  the  main  elements  of 

form 

for 

Article 7(7) 

n/a 

EN 

25 

  EN 

 
the  return  decision  (European 
Return Order) 

communicated 

Data 
between 
competent  authorities  and  third-
country nationals. 

Article 21(5)  

Information about the outcome of 
the  request  for  confirmation  of 
nationality 
travel 
and 
document. 

the 

Article 36(4) 

n/a 

n/a 

Alignment with the European Data Strategy 

Due  to  the  type  of  data  processed  and  the  fact  that  such  data  will  be  processed  for  very 
specific  purposes,  the  proposed  initiative  is  of  very  limited  relevance  to  the  objective  of 
achieving  a  genuine  single  market  for  data,  which  is  the  underpinning  objective  of  the 
European Data Strategy. 

Alignment with the European Data Strategy 

Due  to  the  type  of  data  processed  and  the  fact  that  such  data  will  be  processed  for  very 
specific  purposes,  the  proposed  initiative  is  of  very  limited  relevance  to  the  objective  of 
achieving  a  genuine  single  market  for  data,  which  is  the  underpinning  objective  of  the 
European Data Strategy. 

Alignment with the once-only principle 

The  once-only  principle  will  be  considered  in  the  context  of  a  separate  initiative  on 
digitalisation  of  case  management  in  the  area  of  return,  readmission  and  reintegration.  This 
separate  initiative  will  address  the  question  of  automating  the  production  of  reliable  and 
detailed statistics, with the view to improve policymaking. It will also touch upon the question 
of interoperability of existing and future digital systems in the field of return, readmission and 
reintegration 

Reference(s) 
to 
requirement(s
) 

the 

Actor 
provides 
data 

who 
the 

Actor 
receives 
data 

who 
the 

Trigger 
the 
exchange 

for 
data 

Frequency  (if 
applicable) 

Article 42(1)(d)  Member States  Member States  Obligation 

to 
comply  with 
procedural 
requirements 

n/a 

Data flows 

Type of data 

Data  necessary 
for 
the 
application  of 
present 
the 
initiative 
to 
aiming 
a 
establish 
common  Union 
system 
for 
returns of third-
country 
nationals 

EN 

26 

  EN 

 
 
staying 
illegally  in  the 
EU. 

Common  form 
return 
for 
containing 
the 
main  elements 
return 
the 
of 
decision 
(European 
Return Order). 

Data 
communicated 
between 
competent 
authorities  and 
third-country 
nationals. 

Information 
about 
the 
outcome  of  the 
request 
for 
confirmation  of 
nationality  and 
travel 
the 
document. 

Article 7(7) 

Member  States 
the 
through 
Schengen 
Information 
System. 

Member  States 
the 
through 
Schengen 
Information 
System. 

n/a 

Obligation 
to 
comply  with 
procedural 
requirements 

Article 21(5) 

Member States  Third-country 

nationals 

to 

 n/a 

Need 
communicate 
with 
country 
nationals 

third-

Article 36(4) 

Member  States 
through 
the 
Schengen 
Information 
System. 

Member  States 
through 
the 
Schengen 
Information 
System. 

 n/a 

Obligation 
to 
comply  with 
procedural 
requirements 

EN 

27 

  EN 

 
 
 
Use  of  AI 
technologies 
(if 
applicable) 

n/a 

4.3. 

Digital solutions 

Digital 
solution 

Reference(s
) 
to 
requiremen
t(s) 

the 

Main 
mandated 
functionaliti
es 

Responsible 
body 

How 
is 
accessibility 
catered for? 

is 

How 
reusability 
considered? 

Member 
States 

Article 
42(1)(d) 

for 

Digital 
systems 
managing 
return, 
readmission 
and 
reintegration 
of 
third-
country 
nationals. 

Such 
systems 
should 
manage 
return, 
readmission 
and 
reintegration 
of 
third-
country 
nationals. 

Such 
systems 
should 
be 
accessible  to 
Member 
State's 
competent 
authorities. 

Sharing  and 
reuse  of  data 
be 
will 
detailed 
in 
the  separate 
initiative  on 
digitalisation 
of 
case 
management 
in the area of 
return, 
readmission 
and 
reintegration
. 

Digital systems for managing return, readmission and reintegration of third-country nationals. 

Digital 
and/or 
sectorial 
policy 
(when 
these  are 
applicable) 

AI Act 

EU 
Cybersecur
ity 
framework 

eIDAS 

Explanation on how it aligns 

in 

n/a  –  where  relevant,  explanation  will  be 
initiative  on 
the  separate 
provided 
digitalisation  of  case  management  in  the 
area 
and 
reintegration. 

readmission 

return, 

of 

in 

n/a  –  where  relevant,  explanation  will  be 
provided 
initiative  on 
the  separate 
digitalisation  of  case  management  in  the 
area 
and 
reintegration. 

readmission 

return, 

of 

in 

n/a  –  where  relevant,  explanation  will  be 
provided 
initiative  on 
the  separate 
digitalisation  of  case  management  in  the 
area 
and 
reintegration. 

readmission 

return, 

of 

EN 

28 

  EN 

 
Single 
Digital 
Gateway 
and IMI 

Others 

4.4. 

Interoperability assessment 

in 

n/a  –  where  relevant,  explanation  will  be 
initiative  on 
the  separate 
provided 
digitalisation  of  case  management  in  the 
area 
and 
reintegration. 

readmission 

return, 

of 

in 

n/a  –  where  relevant,  explanation  will  be 
provided 
initiative  on 
the  separate 
digitalisation  of  case  management  in  the 
area 
and 
reintegration. 

readmission 

return, 

of 

public 
Digital 
service 
or 
category of digital 
public services 

Immigration 
services 

Description 

Reference(s) 
the 
requirement(s) 

to 

Interoperable 
Europe 
Solution(s)(NOT 
APPLICABLE) 

Other 
interoperability 
solution(s) 

Competent 
authorities in 
charge of 
enforcing the rules 
on return. 

n/a 

Article 42(1)(d), 
Article 7(7), 
Article 21(5), 
Article 36(4).  

the 

The 
interoperability  of 
case 
the  digital 
management 
system  referred  to 
in 
present 
initiative  will  be 
a 
detailed 
separate 
initiative 
on  digitalisation  of 
case  management 
in 
the  area  of 
return, readmission 
and reintegration. 

in 

Digital public service #1: Digital systems for managing return, readmission and reintegration 
of third-country nationals. 

Assessment 

Measure(s) 

Potential remaining barriers (if 
applicable) 

n/a 

n/a 

sectorial 

Alignment  with  existing  digital 
and 
policies. The 
interoperability of the digital case 
management system referred to in 
the  present 
initiative  will  be 
addressed  in  a  separate  initiative 
on  digitalisation  in  the  area  of 
and 
return, 
reintegration. 

readmission 

EN 

29 

  EN 

 
 
n/a 

n/a 

n/a 

n/a 

Organisational  measures  for  a 
cross-border  digital 
smooth 
public 
services  delivery. The 
governance  of  the  digital  case 
management system referred to in 
the  present 
initiative  will  be 
addressed  in  a  separate  initiative 
on  digitalisation  in  the  area  of 
and 
return, 
reintegration. 

readmission 

Measures  taken  to  ensure  a 
shared  understanding  of  the 
data. The  sharing  and  reuse  of 
data processed in  the digital  case 
management system referred to in 
the  present 
initiative  will  be 
addressed  in  a  separate  initiative 
on  digitalisation  in  the  area  of 
and 
return, 
reintegration. 

readmission 

Use  of  commonly  agreed  open 
specifications  and 
technical 
standards.  

n/a 

n/a 

4.5.  Measures to support digital implementation 

The role of the Commission and other actors (e.g. EU agencies) will be addressed in 
a  separate  initiative  on  digitalisation  in  the  area  of  return,  readmission  and 
reintegration 

EN 

30 

  EN