The Council has given its final approval to the new EU rules enabling more effective returns of people who are not legally entitled to remain in the EU. As set out in the EU’s comprehensive approach to migration, the new rules, which will come into force in the coming weeks, complement the Pact on Migration and Asylum and will help to ensure its proper implementation.
The new rules impose obligations on those who do not have the right to remain in the EU. They set out EU-wide procedures for their return, including stricter rules for the return of those who pose a threat to security.
The rules provide Member States with additional tools to carry out returns. They also leave open the possibility for Member States to establish return centres in non-EU countries.
All measures relating to return must be carried out with full respect for fundamental rights.
Approximately two out of every three people who have been ordered to leave the EU do not actually do so. The revised rules on returns adopted today will help Member States to carry out rapid returns effectively, which is crucial to a common approach to migration management within the framework of the Pact on Migration and Asylum. – Jim O’Callaghan, Ireland’s Minister for Justice, Home Affairs and Migration
Obligations of persons without a right of residence
The new rules impose an obligation on third-country nationals without the right to remain in Member States to leave the Member State in question and to cooperate with the authorities. Failure to comply with the obligation to cooperate may result in sanctions, such as the reduction of benefits and allowances granted in accordance with national law, the withdrawal of incentives granted to promote voluntary return, fines or even criminal penalties, where provided for under national law.
European Return Order and mutual recognition of return decisions
The new rules introduce the European return order, a form on which Member States must set out the key elements of the return decision. This will ensure that Member States have the necessary information to recognise return decisions issued by other Member States.
For the time being, the mutual recognition of return decisions will remain voluntary and will be reviewed three years after the new rules come into force. At that point, the Commission may submit a legislative proposal to make mutual recognition mandatory.
Return of persons posing a security risk
The new rules introduce special measures for third-country nationals who pose a security risk. For example, Member States may impose an indefinite entry ban, where justified and proportionate to the security risk posed, or detain such third-country nationals for a period exceeding 24 months.
Return centres in non-EU countries
The new rules will allow Member States to return to a return centre located in a non-EU country those persons who do not have the right to remain in the EU and against whom a return decision has been issued. To do so, an agreement or convention must be signed with the non-EU country in question. Such an agreement or arrangement may only be concluded with a third country that respects international human rights standards and the principles of international law, including the principle of non-refoulement.
Unaccompanied minors shall be excluded from such agreements or conventions.
Next steps
The Regulation will be published on 1 October in the Official Journal of the European Union and will enter into force on the day following its publication.
A number of provisions, such as those relating to return centres, will apply immediately. Provisions requiring preparatory work will apply one year after entry into force.
More information: Council of the European Union
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