What changed between the draft committee report and the plenary report

Removed:Recital 55: (55) The European Data Protection Supervisor was consulted in accordance with Article 42(2) of Regulation (EU) 2018/1725 and delivered its opinion on 23 May 2025.

Added:(8) A common procedure for effective 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 and sustainable manner and with full respect for fundamental rights as well as international law without undue delay. 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, facilitate and speed up return procedures and ensure that return is not obstructed by unauthorised movements to other Member States.

Removed:Article 2 – paragraph 1: 1. This Regulation applies to third-country nationals staying illegally on the territory of the Member States or previously stayed on the territory of the Member States.

Added:(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 Council. 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 Council.

Removed:Article 4 – paragraph 1 – point 3 – introductory part: (3) ‘country of return’ means one of the following, in the following order of priority:

Added:(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.

Removed:Article 4 – paragraph 1 – point 3 – point c a (new): (ca) another third country, to which the third-country national concerned voluntarily decides to return and in which he or she will be accepted;

Added:(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.

Removed:Literal copy from Article 3 (3) third indent of current Return Directive 2008/115

Added:(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.▌. It should be possible to rely upon an existing thorough assessment of all relevant circumstances made at previous stages of the procedure.

Removed:Article 4 – paragraph 1 – point 3 – point d: (d) a third country, other than those referred to in points (a) and (b), where the third-country national has a right to enter and reside;

Added:(13) In case of removal, 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 or in any other previous procedures. Any change in circumstances and any new element evidencing a risk should be examined provided that they are substantiated and not considered to have been brought forward by the third-country national merely in order to delay or frustrate the removal.

Removed:Article 4 – paragraph 1 – point 3 – point e: deleted

Added:(13a) Member States may refer the third-country national who indicates that the removal would breach the principle of non-refoulement to the appropriate procedure, including the asylum procedure in reference to Regulation (EU) 2024/1348. The Member State may refer the third-country national to the appropriate procedure also when its authorities designated as competent under national law become aware of relevant indications that the removal would breach the principle of non-refoulement.

Removed:Article 4 – paragraph 1 – point 3 – point f a (new): (fa) 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;

Added:(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 and prevent movements of illegally staying third-country nationals across common internal borders while at the same time safeguarding the Schengen area without internal border controls.

Removed:The order of (e) and (f) has been changed to reflect the order in the APR.

Added:(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 decision should be swiftly issued based on an individual assessment taking into account all facts and circumstances. The return decision should state the obligation for the third-country national to leave the territory of the Member States. The country of return should, at the latest, be determined prior to removal and may be specified either in the return decision itself or in a separate decision ordering removal. Where the removal takes place to a third country which was not indicated in the initial return decision, that third country should be added to the removal order, the return decision should be amended, or a new return decision should be issued.

Change 4

Changed:Article 4 – paragraph 1 –(15a) pointA 3third-country –national pointsubject g:to (g)an aobligation thirdto countryleave withshould whichbear therethe isprimary anresponsibility agreementfor ondeparting the basisterritory of which the third-country national isMember accepted,States in accordance with Article 17 ofthe thisreturn Regulation.decision.

Change 5

Removed:Article 4 – paragraph 1 – point 5: deleted

Added:(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.

Removed:Article 4 – paragraph 1 – point 6 a (new): (6a) ‘removal’ means the enforcement of the return decision by the competent authorities through the physical transportation out of the territory of the Member State;

Added:(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. Member States may indicate none, one or more possible country of return in the return decision in accordance with national law.

Removed:The definitions of "removal" and "voluntary return" have been switched to reflect the changed order of Articles 12 and 13.

Added:(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.

Removed:Article 4 – paragraph 1 – point 7: (7) ‘absconding’ means the action by which the third-country national does not remain available to the competent administrative or judicial authorities, for reasons which are not beyond the third-country national's control.

Added:(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.

Removed:Article 4 – paragraph 1 – point 8 a (new): (8a) ‘return operation’ means an operation that is organised or coordinated by the European Border and Coast Guard Agency (“Frontex”) or by a Member State’s competent authority, by which third-country nationals from one or more Member States are returned.

Added:(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 ▌.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 while not preventing the swift departure of the third-country national.

Removed:Article 4 – paragraph 1 – point 9: deleted

Added:(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 or does not comply with the obligations provided under this regulation. Coercive measures should be subject to the principles of proportionality and effectiveness with regard to the means used and objectives pursued. The possibility for a third-country national to comply voluntarily with their return obligation should remain available at all stages of the procedure, including after they have become subject to removal.

Removed:Article 4 – paragraph 1 – point 10: (10) ‘readmission application’ means a request for the purpose of readmission submitted by a competent authority to a competent authority of a third country for the request for confirmation of nationality and the request for issuance of a travel document, as relevant;

Added:(22) While respecting the criminal justice systems of the Member States, 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 Council. 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 ▌detention facilities so that those who threaten the security of Union are swiftly removed. An indefinite entry ban may be imposed to thirdcountry nationals posing a security risk.

Removed:Article 4 – paragraph 1 – point 10 a (new): (10a) ‘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;

Added:(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 and the Union 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. ▌.Such agreements or arrangements will constitute an implementation of Union law for the purposes of Article 51 (1) of the Charter.

Removed:Article 4 – paragraph 1 – point 11: deleted

Added:(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.

Removed:Article 5 – paragraph 1: When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter, with relevant international law, including the Geneva Convention on the Status of Refugees, the European Convention on Human Rights, and the Convention on the rights of the child, with the obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights.

Added:(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.

Removed:Article 6 – paragraph 1: 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. To avoid duplication, Member States shall carry out such additional verifications by first checking Union and national databases in accordance with relevant Union and national law.

Added:(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. Any previous age assessment conducted by competent authorities, in particular an age assesment carried out as part of the asylum procedure, should be taken into account. For the purpose of ensuring coherence across migration management in the Union the same procedure as provided for in Regulation (EU) 2024/1348 of the European Parliament and of the Council 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.

Removed:Article 7 – paragraph 2: 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 as soon as possible. A visual explanation shall be provided in accordance with Article 24 for those who cannot read.

Added:(27) To reinforce the effectiveness of the return procedure, clear obligations 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 the obligations to cooperate are not respected, effective, dissuasive and proportionate consequences should be imposed, including for instance reduced benefits and allowances granted in accordance with national law, seizure of identity or 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 rights and obligations and the consequences of not complying with those obligations.

Removed:Article 7 – paragraph 4: 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 shall indicate provisionally none, one or more countries of return, in accordance with the order of priority set out in Article 4(3).

Added:(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.

Removed:Article 7 – paragraph 5: 5. The third-country national shall, upon request, be provided with a written 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. Member States may use generalised information sheets or translations, including machine-generated translations.

Added:(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.

Removed:Article 7 – paragraph 8: 8. Upon issuance of the return decision, its main elements shall be inserted into the form (‘European Return Order’) set out in Annex I 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.

Added:(29a) Legal assistance and representation should include the preparation of an appeal or request for review, comprising, at a minimum, the drafting of the procedural documents required under national law and, where a hearing takes place, participation in that hearing before a judicial authority, in order to ensure the right to an effective remedy and to a fair trial.

Removed:An Annex for the standard form is to be added to this Regulation.

Added:(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.

Removed:Article 9 – paragraph 1: 1. The Member State where the third-country national is illegally staying (‘enforcing Member State’) shall recognise and enforce a 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 of the third-country national pursuant to Article 13a.

Added:(30a) This Regulation does not provide for the automatic suspensive effect of an appeal. However, a third-country national should be able to submit a request to suspend the enforcement of a return decision. In order to avoid duplication in the assessment of the risk of non-refoulement, reliance should be placed on previous assessments, including those carried out in the context of an asylum procedure. It should remain the responsibility of the third-country national to indicate, in a timely manner, any risk of non-refoulement and to request suspension of the return decision.

Removed:Article 9 – paragraph 2: deleted

Added:(31) Member States should be provided with the necessary tools for assessing, managing and preventing the risk of absconding. Absconding includes actions such as leaving the the territory of the Member States without permission from the competent authorities, for reasons that are not beyond the control of the third-country national. 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.

Removed:Article 9 – paragraph 3: deleted

Added:(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. Minors, as a rule, should not be detained and other less coercive alternative measures to detention should be used when they can be applied effectively to illegally staying third-country nationals.

Removed:Article 9 – paragraph 5: 5. Where a Member State does not recognise or enforce a return decision pursuant to paragraph 4, that Member State shall issue a return decision in accordance with Article 7, without prejudice to paragraph 9 of that Article or to Article 8.

Added:(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.

Removed:Article 9 – paragraph 9: 9. The enforcing Member State shall 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, the enforcing Member State may receive additional financial support provided by the corresponding Union funds in accordance with the legal acts governing such funds.