What changed between the draft committee report and the plenary report

Added:(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 may 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. Third-country nationals who pose a security risk may be placed under enhanced security arrangements within detention facilities.

Removed:Article 9 – paragraph 10: deleted

Added:(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.

Removed:Article 10 – paragraph 1 – point a: a. the obligation to return has not been complied with within the time limits set in Article 13a;

Added:(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.

Removed:Article 10 – paragraph 1 – point b: b. the third-country national is subject to removal in accordance with Article 13;

Added:(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.

Removed:Article 10 – paragraph 2: deleted

Added:(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.

Removed:Article 10 – paragraph 3: 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. A visual explanation for those who cannot read shall be provided in accordance with Article 24.

Added:(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 of the Council. 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.

Removed:Article 10 – paragraph 4: 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 principle of proportionality and the rights of defence, and avoiding as much as possible to postpone the departure of the third-country national concerned. The entry ban may be imposed and notified after the third-country national has departed from the territory of the Member States.

Added:(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.

Removed:Article 10 – paragraph 6: 6. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case. In particular, where:

Added:(41) Regulation (EU) 2016/679 of the European Parliament and of the Council 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) 2018/1725, as applicable, as well as with the principles of non-refoulement, proportionality and necessity and the Charter of Fundamental Rights of the European Union.

Removed:Article 10 – paragraph 6 – point a (new): (a) the third-country national has not complied with the obligation to return within the time limits determined pursuant to Article 12, Member States may determine an entry ban for a maximum of two years;

Added:(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.

Removed:Article 10 – paragraph 6 – point b (new): (b) the third-country national is subject to removal under Article 13, Member States may determine an entry ban for a maximum of 10 years;

Added:(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.

Removed:Article 10 – paragraph 6 – point c (new): (c) the third-country national poses a security risk in accordance with Article 16, Member States may determine an entry ban for a maximum of 20 years;

Added:(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 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 Council, 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 Council. 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.

Removed:Article 10 – paragraph 6 – point d (new): (d) the third-country national falls within the scope of Directive 2017/541 of the European Parliament or of the Council1a or has committed war crimes as defined in Article 8 of the Rome Statute of the International Criminal Court of 17 July 1998, Member States may determine an entry ban of unlimited duration. / 1a Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6, ELI: http://data.europa.eu/eli/dir/2017/541/oj).

Added:(44a) The external dimension of return policy should form an integral part of the Union’s comprehensive approach to migration management. To that end, the Union and the Member States should pursue balanced and comprehensive partnerships with third countries, in which return, readmission and reintegration constitute core components of their engagement. The coordinated use of all relevant Union policies and instruments, including visa policy, trade, development cooperation and diplomatic tools, should contribute to supporting predictable and effective readmission procedures and may take into account the level of cooperation of the third country concerned.

Removed:Article 10 – paragraph 7: deleted

Added:(44b) In order to strengthen the external dimension of the Union return policy and ensure coherence across Union instruments, the information gathered pursuant to this Regulation regarding cooperation of third countries on readmission should contribute to the Union’s existing mechanisms assessing such cooperation. In particular, the data and information collected under this Regulation should support the annual assessment carried out by the Commission pursuant to Article 25a of the Visa Code of Regulation (EC) No 810/2009. That assessment should rely, inter alia, on objective indicators relating to the effectiveness of return and readmission procedures, including the proportion of third-country nationals effectively returned in relation to the total number of enforceable return decisions for which readmission was requested.

Removed:Article 11 – paragraph 1 – introductory part: 1. An entry ban may be withdrawn, suspended or its duration shortened in justified individual cases, including for humanitarian reasons, taking into account all relevant circumstances of the individual case.

Added:(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.

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

Added:(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 Council.

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

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

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

Added:(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.

Removed:Article 11 – paragraph 2: deleted

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

Removed:Article 11 – paragraph 3: 3. The third-country national shall be afforded the possibility to request such withdrawal, suspension or shortening of the duration of an entry ban. The third-country national shall be informed about that possibility in accordance with Article 24.

Added:(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/EC; 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.]

Removed:Article 12: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:[or]

Removed:The order of Articles 12 and 13 has been switched to reflect the political priority of voluntary returns.

Added:[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.]

Removed:Article 13 – paragraph 1: 1. A 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.

Added:(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 acquis, which fall within the area referred to in Article 1, point C, of Council Decision 1999/437/EC.

Removed:Article 13 – paragraph 2: 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 be between seven and 30 days from the date of notification of the return decision.

Added:(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 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 2008/146/EC.

Removed:Article 13 – paragraph 3: 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. Any extension of the period to leave shall be provided in writing to the third-country national in accordance with Article 24.

Added:(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/EU.

Change 6

Changed:Article 13(54) –Where paragraphthis 4:Regulation 4.refers Theto third-countryan nationalobligation shallto leave the territory ofEuropean theUnion, Memberthis Statesshould bybe theunderstood dateas determinedan pursuantobligation to paragraphleave 1.the Ifterritory not,of all the third-countryMember nationalStates shallto bewhich subjectthis ofRegulation removalapplies, including in accordancethe withlight Articleof 13a.the preceding recitals.

Change 7

Removed:Article 13 a (new): Article13a / Removal / 1. The third-country national subject to a return decision shall be removed when: / a. the third-country national refuses to cooperate with the authorities during the return process, contrary to Article 21; / b. the third-country national moves to another Member State without authorisation, including during the period determined pursuant to Article 13; / c. the third-country national falls within the scope of Article 16; / d. the third-country national has not left the territory of Member States by the date determined pursuant to Article 13; / e. the enforcing Member State recognises an enforceable return decision, and, where relevant, a removal order, issued by another Member State (“issuing Member State”) pursuant to Article 9(1). / 2. Member States' competent authorities may issue a separate administrative or judicial decision in writing ordering the removal. Where the country of return indicated in the return decision differs from the country designated for removal or is not indicated in the return decision, the third country national shall be duly notified, including as regards the final decision on the country of return, in accordance with Article 24. / 3. The competent authorities shall remove third country nationals in compliance with the principle of non-refoulement. 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 shal…

Added:(55) The European Data Protection Supervisor was consulted in accordance with Article 42(2) of Regulation (EU) 2018/1725 and delivered its opinion on […].

Removed:The order of Articles 12 and 13 has been switched to reflect the political priority of voluntary returns.

Added:HAVE ADOPTED THIS REGULATION:

Removed:Article 14 – paragraph 1 – introductory part: 1. Removal pursuant to Article 13a shall be postponed in the following circumstances:

Added:Subject matter

Removed:Article 14 – paragraph 2: 2. Removal pursuant to Article 13a may be postponed, taking into account the specific circumstances of the individual case.

Added: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.

Removed:Article 14 – paragraph 4: 4. When taking a decision in accordance with paragraph 1 or paragraph 2, Member States shall inform the third country national in accordance with Article 24, by setting out the period of postponement and their rights during that period without undue delay.

Added:2. The objective of this Regulation is to ensure compliance with the obligation to leave the territory of the Union and 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.

Removed:Article 14 – paragraph 5: 5. The postponement of removal in accordance with paragraph 1 or 2 shall be reviewed regularly and in any event if the circumstances change.

Added:Scope