Today, the Council and the European Parliament negotiators clinched a provisional deal on an EU law, which will enable faster and more effective EU-wide procedures for the return of persons illegally staying in member states. The agreement complements the EU Pact on migration and asylum and will contribute to its effective implementation. The new rules impose obligations on third-country nationals who have no right to stay in member states to cooperate with the authorities. They also put in place tools for enhancing cooperation between member states and envisage the establishment of return hubs in countries outside the EU, while respecting fundamental rights. “The new regulation will speed up the return process and increase returns of persons who have no legal right to stay in the EU. Migration is a top priority for the Cyprus Presidency, and today’s landmark agreement strengthens the credibility of the EU’s migration policy and complements the EU Pact on migration and asylum, always in compliance with human rights. The swift conclusion of this file within a tight timeframe reflects the commitment of the institutions to establish a set of EU rules on effective returns as part of a holistic migration system.” | | — Nicholas Ioannides, Deputy Minister for Migration and International Protection of the Republic of Cyprus |
Obligations for those who are staying illegallyThe new regulation establishes strict obligations for persons who have no right to stay in the EU, notably the requirement to leave the member state concerned and to cooperate with national authorities. It also sets out consequences for persons who do not comply with the obligation to cooperate, such as reduced benefits and allowances granted in accordance with national law, or refusal to grant incentives to promote voluntary return. Where national law allows, member states may also impose criminal sanctions, including imprisonment. Return hubs in third countriesThe EU-wide rules will allow member states to establish return hubs in third countries for persons who have no right to stay in the member states. Such return hubs could serve either as the final destination or as transfer centres facilitating onward return to the country of origin or another third country. In this context, a ‘country of return’ can be a third country with which an agreement or arrangement has been concluded. Any such agreement or arrangement may only be concluded with a third country that respects international human rights standards and principles of international law, including the principle of non-refoulement. Unaccompanied minors are excluded from such agreements or arrangements. European return order and mutual recognition of return decisionsThe new regulation introduces a European Return Order (ERO), a form on which member states must insert the key elements of the return decision. This will facilitate mutual recognition in the future, as member states will have the necessary information to recognise another member state’s return decision. The mutual recognition of return decisions will remain voluntary for the time being and will be reassessed by three years after the entry into force of the regulation, when the Commission may table a legislative proposal to make mutual recognition mandatory. Return of people posing security risksThe new regulation foresees special measures for individuals who pose a security risk. For instance, member states may issue an entry ban that exceeds the usual maximum period of ten years or even an indefinite entry ban for security cases, and they may also impose detention in prison. Next steps This provisional agreement will now have to be endorsed by the Council and the Parliament. It will then formally be adopted by both institutions following legal-linguistic revision. The regulation will start being implemented immediately after the date of entry into force, the day following that of its publication in the Official Journal. However, a number of provisions will become applicable 12 months later. BackgroundThe European Commission tabled the regulation on establishing common rules for the return of third-country nationals staying illegally in the EU in March 2025, with the aim to complement the pact on migration and asylum, which will start being implemented as of 12 June 2026. Currently, 64% of Frontex supported returns have been voluntary, according to the latest data.
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