Text · Amendment list
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 the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC
Full title
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 the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC
Document LIBE-AM-781175 · COM(2025)0101 – 2025/0059(COD)
- Kind
- Amendment list LIBE-AM-781175
- Date
- 1 December 2025
- Committee
- Committee on Civil Liberties, Justice and Home Affairs
- Dossier
- 2025/0059(COD)
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- COM(2025)0101 – 2025/0059(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| Article 17 | deleted |
| 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; | |
| 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. the obligations of the third country referred to in the second sentence of paragraph 1; | |
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | |
| f. 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. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Sandro Ruotolo, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17 | deleted |
| 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; | |
| 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. the obligations of the third country referred to in the second sentence of paragraph 1; | |
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | |
| f. 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. |
The trade in migrants that is proposed by this addition will not lead to any geopolitical advantage for the EU. No third country has been identified that will agree to take the returnees. No guarantees regarding the fate of the persons to be sent to these third countries is ensured and the sustainability of such returns is highly dubious
| Text proposed by the Commission | Amendment |
|---|---|
| Article 17 | deleted |
| 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; | |
| 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. the obligations of the third country referred to in the second sentence of paragraph 1; | |
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | |
| f. 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement concluded by one or more Member States or the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. 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 by the Union or one or more Member States with a third country. Such an agreement or arrangement may only be concluded with a third country where there is a general commitment to respecting international human rights standards and principles in accordance with international law, including the principle of non-refoulement. |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Return with reference to Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded by the Union or one or more Member States with a third country. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. 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 by the Union or one or more Member States 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. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 by the Union or one or more Member States 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | a. the procedures applicable to the return of illegally staying third-country nationals from the territory of the Member States to the third country referred to in paragraph 1; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. the conditions for the stay of the third-country national in the third country. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | 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 that third country; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | deleted |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| d. the obligations of the third country referred to in the second sentence of paragraph 1; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | deleted |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| e. an independent body or mechanism to monitor the effective application of the agreement or arrangement; | e. mechanism to monitor the effective application of the agreement or arrangement; |
| Text proposed by the Commission | Amendment |
|---|---|
| f. 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. | f. the consequences to be drawn in case of violations of the agreement or arrangement. |
| Text proposed by the Commission | Amendment |
|---|---|
| f. 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. | f. 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| f a. the conditions and robust safeguards for unaccompanied minors, including child-appropriate care and assurances of safety and well-being throughout the return process. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Where an agreement or arrangement pursuant to paragraph 1 sets out the modalities of onward return to a country of return referred to in Article 4(3)(a)-(f), the agreement or arrangement shall in addition to paragraph 2 set out the following: | |
| a) the consequences in case onward return is not possible; | |
| b) the respective obligations and responsibilities of the Member State or the Union and of that third country; | |
| c) the consequences to be drawn in case of significant change adversely impacting the situation of the third country; | |
| d) an independent body or mechanism to monitor the effective application of the agreement or arrangement. | |
| e) The agreement or arrangement pursuant to the first subparagraph may include the conditions for detention in the third country. |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Where an agreement or arrangement pursuant to paragraph 1 sets out the modalities of onward return to a country of return referred to in Article 4(3)(a)-(f), the agreement or arrangement shall in addition to paragraph 2 set out the following: | |
| a) the consequences in case onward return is not possible; | |
| b) the respective obligations and responsibilities of the Member State or the Union and of that third country; | |
| c) the consequences to be drawn in case of significant change adversely impacting the situation of the third country; |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Any facility, established under the framework of such agreements, where third country nationals stay in a third country shall be EU-run and EU-owned and as such subject to Union law for the purposes of Article 51 (1) of the Charter. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 b. Any third-country national forcibly returned under the framework of an agreement to a facility outside of the EU shall be informed thereof in the return decision. This shall include the modalities of the stay, including any requirements to remain available within a geographical area, and subsequent onward return, as well as his or her rights and obligations concerning the return process to and from, and their stay in these facilities. Third-country nationals shall, except for those returned under Article 16 of this Regulation, have the possibility to return voluntarily to a third country at any given moment during his or her stay at the facility. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 b. The agreement or arrangement pursuant to the first subparagraph may include the conditions for detention in the third country. |
Charlie Weimers, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. | 3. Member States shall keep the relevant Member States informed of negotiations with a third country that shares a common land border with those Member States. Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with paragraph 1, prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. Member States shall also inform the Commission and the other Member States of any subsequent changes to, or the termination of, such agreements or arrangements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. | 3. Member States shall keep the relevant Member States informed of negotiations with a third country that shares a common land border with those Member States. Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with paragraph 1, prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. Member States shall also inform the Commission and the other Member States of any subsequent changes to, or the termination of, such agreements or arrangements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. | 3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. When the third country concerned has a common border with a Member State, prior consultation with that Member State is required before starting negotiations on any such agreement or arrangement. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. | 3. After concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. The same applies to subsequent changes of existing agreements or arrangements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. | 3. Following the conclusion of an agreement or arrangement pursuant to paragraph 1, Member States shall inform the Commission and the other Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The transfer of a third-country national pursuant to this Article shall fulfill the obligations of the Member State carrying out the return towards a third-country national, except as otherwise provided for in the agreement or arrangement referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | deleted |
The return of unaccompanied minors to so-called return hubs in safe third countries is compatible with the best interests of the child, as this does not necessarily require them to remain in the EU, but ensures that the specific needs of children, which may continue to exist in the third country, are taken into account appropriately. Article 59(6) of the APR allows for the transfer of unaccompanied minors, provided that the authorities of the third country guarantee their care and that immediate access to effective protection is ensured. Under these conditions, a stay in the third country is neither unreasonable nor does it constitute a disproportionate interference with fundamental rights.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | 4. Unaccompanied minors and families with minors may be returned to a third country referred to in paragraph 1. National authorities shall ensure that they are supported upon arrival in the third country and that their reception conditions comply with the criteria set out in paragraph 2. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | 4. Unaccompanied minors, families with minors, and vulnerable persons as defined in Article 4 shall not be returned to a third country referred to in paragraph 1. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | 4. Unaccompanied minors shall not be returned to a third country referred to in paragraph 1 except in cases falling within the scope of Article 16. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | 4. Vulnerable persons shall not be returned to a third country referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Unaccompanied minors and families with minors shall not be returned to a third country referred to in paragraph 1. | 4. Unaccompanied minors shall not be returned to a third country referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Without prejudice to paragraph 1, third-country nationals whose situation is covered by the conditionss laid out in Article 4a shall not be returned to a country with which there is an agreement as defined by Article 4(3)(g). |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 18 | deleted |
| 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. |
By deleting Article 18, the Regulation avoids creating legal ambiguities and perverse incentives that could lead to the exploitation of minors. The fundamental obligation to consider the child's best interests remains fully intact and enforceable through the Charter and international law, while allowing for a return policy that is both effective and fair.
| Text proposed by the Commission | Amendment |
|---|---|
| The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation. | The best interests of the child shall be a primary consideration when applying this Regulation. In assessing the individual best interests of the child, Member States shall, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation. | The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation, provided that the age of the person has been duly assessed in accordance with Article 19, or where the physical appearance of the person leaves no reasonable doubt for the competent authorities as to their age. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
| Text proposed by the Commission | Amendment |
|---|---|
| The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation. | The best interests of the child shall be a primary consideration when applying the provisions this Regulation. In that regard, if children are to be returned in accordance with this Regulation, they may be returned only to countries of return referred to in Article 4(3)(a), (b) and (d). |
Children should not be returned to countries with which they have no connection. It is imperative to limit their return to countries which they have a meaningful connection.
| Text proposed by the Commission | Amendment |
|---|---|
| The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation. | The best interests of the child shall be taken into account when applying the provisions in accordance with this Regulation, but shall not on their own prevent the effective return of a minor who is a third-country national illegally in the territory of the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| The best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation. | 1. The best interests of the child shall be a primary consideration when applying this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| A best interests assessment must be comprehensive and take into account: | |
| i. family reunification possibilities, on the grounds of the existence of a family link; | |
| ii. the minor’s well-being and social development in the short, medium and long term, including situations of additional vulnerabilities such as trauma, specific health needs or disability, taking into particular consideration the need for stability and continuity in the social and educational care; | |
| iii. safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings; | |
| iv. the views of the minor, in accordance with his or her age and maturity; | |
| v. where the applicant is an unaccompanied minor; |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Decisions in the context of the return procedure involving minors, including unaccompanied or separated children and children within families, shall be always preceded by an individual formalised best interest determination procedure, carried out in a multidisciplinary way by trained actors, meaningfully involving child rights and protection actors, including the authorities responsible for child protection and welfare, which should have a guiding role. Member States shall respect the right of each child to private and family life and shall not separate children from their parents unless required by the child’s best interests. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. In assessing the best interests of the child, Member States shall closely cooperate with each other and shall base their assessment on comprehensive and up-to-date information, including child-specific country-of-origin information from both the host State and the country of return. They shall, in particular, take due account of the following factors: | |
| (a) family reunification possibilities; | |
| (b) the minor’s well-being and social development in the short, medium and long term, including situations of additional vulnerabilities such as trauma, specific health needs or disability, taking into particular consideration the minor’s ethnic, religious, cultural and linguistic background, and having regard to the need for stability and continuity in the social and educational care; | |
| (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings; | |
| (d) the views of the minor, in accordance with his or her age and maturity; | |
| (e) where the minor is an unaccompanied minor, the information provided by the representative in the Member State where the unaccompanied minor is present; | |
| (f) any other reasons relevant to the assessment of the best interests of the child. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States shall lay down reasonable time limits for assessing the best interests of the child in case of unaccompanied minors, where a return decision has not yet been issued following a rejection of the application for international protection or any other residence permit. |
| Text proposed by the Commission | Amendment |
|---|---|
| Age assessment of minors | Age assessment |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 and in a child-sensitive manner, to determine the third-country national’s age. The assessment of the age shall not be based solely on the third-country national's physical appearance or behaviour. The third-country national shall have the right to request that examinations be conducted an individual of the same sex. For the purposes of the age assessment, documents that are available shall be considered genuine, unless there is evidence to the contrary, and statements by minors shall be taken into consideration. Article 25 of Regulation (EU) 2024/1348, including the presumption of minority and the benefit of the doubt, shall apply to such assessment. When a third country national has been subjected to age verification during the asylum procedure and has been determined to be a minor, the outcome of this assessment shall be applied during the return procedure and no further assessment shall take place. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, and where such an assessment has not yet been carried out as part of an asylum procedure, 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. Where the result of an age assessment referred to in this paragraph is not conclusive with regard to the age of the third country national or includes an age range below 18 years, the competent authorities shall assume that the third-country national is a minor. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Where, there are any doubts as to whether or not the third-country national is a minor, the competent authority shall undertake a medical examination, including bone and dental assessment. This shall be carried out by qualified professionals to determine the third-country national’s age. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 shall undertake an age assessment in accordance with national law. Article 25 of Regulation (EU) 2024/1348 may apply by analogy to such assessment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 an age-assessment in accordance with national law. Article 25 of Regulation (EU) 2024/1348 may apply by analogy to such assessment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Where 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 and medical examinations, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 shall undertake an age assessment in accordance with national law, 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 may apply by analogy to such assessment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Where, as a result of statements by the third-country national, or other relevant indications, there are doubts as to whether or not he or she is a minor, and the competent authority decides to undertake an age assessment, this has to be a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. When documentary evidence is available, age assessment shall not be necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| The competent authority may rely on an age assessment previously carried out at an earlier stage of the return procedure or in any other relevant administrative or judicial procedure, where that assessment remains valid and applicable and was conducted using the least intrusive methods available. A Member State may also recognise an age-assessment decision taken by another Member State, provided that the assessment was carried out in accordance with Union law and offers equivalent procedural safeguards. For the purpose of avoiding unnecessary duplication, competent authorities may prioritise existing documentary evidence and prior determinations before considering any further age-assessment measures. Additional age assessments shall only be undertaken where new, materially relevant information emerges or where available evidence is inadequate to confirm the claimed age. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Multi-disciplinary age assessments shall be conducted in a manner that is safe, child-sensitive, and gender-sensitive, ensuring full respect for human dignity. Methods involving nudity or the examination, observation, or measurement of genitalia or intimate areas shall never be used. Furthermore, children shall have the right to request that examinations be conducted by an individual of the same sex. Article 25 of Regulation (EU) 2024/1348 shall apply to this assessment, including all procedural guarantees and safeguards as well as the presumption of minority and the benefit of the doubt. |
| Text proposed by the Commission | Amendment |
|---|---|
| In addition to the assessment referred to in paragraph 1, Member States may provide in their national law for the use of other methods to determine age, provided that such methods guarantee an equivalent or higher level of accuracy, or are less intrusive, or are more cost-effective. Such methods may include scientifically-validated techniques, such as DNA analysis, where the person concerned shall be required to cooperate with the collection of a biological sample for the sole purpose of age verification. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| Where there are reasonable grounds to consider that a person claiming to be a minor may pose a threat to public order or national security, the competent authorities shall ensure that the age-assessment procedure is conducted as a matter of priority and without undue delay, in full respect of the principles of necessity and proportionality |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The competent authority may rely on an existing age-assessment conducted in previous stages of the return procedure or in other relevant procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may recognise age-assessment decisions taken by other Member States, or carry out their own assessment where necessary. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. An age assessment carried out in accordance with EU law in previous administrative or judicial proceedings in any Member State must be considered sufficient for the purpose of determining the age of a third-country national who presents as a minor. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| A refusal to undergo an age assesment, including the medical examination shall not prevent the determining authority from taking a decision on the age of the third country national. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. A Member State may recognise age-assessment decisions taken by other Member States where the age assessments were carried out in compliance with Union law. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where a Member State adopts national legislation pursuant to paragraph 2 it shall notify the Commission and the other Member States of the national provisions adopted. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may rely on an existing age-assesment conducted in previous stages of the return procedure or in other relevant procedures. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may recognise age-assessment decisions taken by other Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| Where a third-country national refuses to undergo the age assessment procedure, they shall be considered an adult for the purpose of this Regulation. |
| Text proposed by the Commission | Amendment |
|---|---|
| Return of unaccompanied minors | Return of unaccompanied children |
| Text proposed by the Commission | Amendment |
|---|---|
| Return of unaccompanied minors | Return of minors |
| Text proposed by the Commission | Amendment |
|---|---|
| Return of unaccompanied minors | Return of minors |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Before deciding to issue a return decision in respect of a minor, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child. Member States shall carry out a formalised and documented individual best interests assessment, to identify durable solutions for the child, based on a consideration of his or her best interests, irrespective of whether he or she is within a family or is an unaccompanied or separated child. Such assessments shall be carried out in a multidisciplinary way by trained actors, meaningfully involving child rights and protection actors, including the authorities responsible for child protection and welfare. In cases where return is considered to serve the child’s best interests, specific and appropriate implementation measures shall be put in place. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Member States shall not issue a return decision in respect of a minor. For unaccompanied minors, after assessing the best interests of the child referred to in Article 18, and only if it is in the child’s best interests, a decision may be taken to reunite the minor with their family in their country of origin or residence under safe conditions and when there is a protective family link and where they are legally residing and where the child will also legally reside. The mere existence of family members in the country of origin shall not in itself be sufficient to ensure the child’s well-being and safety. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Before deciding on whether to issue a return decision in respect of an unaccompanied minor, the return authorities shall assess the best interest of the child. In that regard, assistance by appropriate bodies other than the authorities enforcing return shall be provided to the minor. |
It is important to be clear that the best interests of the child test must be applied before issuing a return decision.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Before deciding to issue a return decision in respect of an unaccompanied child, assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Rasa Juknevičienė
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. A representative or a person trained to safeguard the best interest of the child shall be appointed as soon as possible and, at the latest, within fifteen working days from the date on which the minor is detected. If necessary, and until a representative is appointed, a duly trained person shall be appointed to safeguard the best interests of the child and 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-and-gender-appropriate communication and that they speak a language that the minor understands. Appointment of same sex representatives upon request should be provided. The representative shall comply with the requirements of Article 23 of Regulation (EU) 2024/1348 and 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. If the representative assigned does not speak a language that the minor understands, communication may be provided for with the use of an interpreter or artificial intelligence. 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. |
It seems impractical to propose that Member States need to appoint a specialist who also speaks the same language as the minor. This adds suitable flexibility to the Member States to still provide this service, but with the assistance of an interpreter or AI.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. A representative or a person designated 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 can communicate in a language that the minor understands. That person may 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. Communication may be provided with the use of interpretation services. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 independent, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. A representative shall be appointed to represent, assist or act, as applicable, on behalf of an unaccompanied child 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 child understands. Where applicable, Member States shall strive to ensure that the representative shall be the same 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. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. A representative to safeguard the best interest and general wellbeing 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Member States shall ensure that each physical person representative is responsible for no more than 10 unaccompanied minors to guarantee effective performance of their tasks. The proper conduct of representatives shall be regularly supervised by the competent administrative or judicial authorities or other designated entities. Member States shall establish clear, accessible and child- and gender-sensitive complaint procedures for unaccompanied minors regarding their representatives. Unaccompanied minors shall be immediately informed, in an adapted, safe and confidential manner, of how to submit a complaint. Guidelines on the functioning of the complaint mechanism shall be developed in cooperation with child protection experts and presented to children in an easily understandable form. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. The unaccompanied minor shall be heard, either directly or through the representative or the trained person who shall provisionally act as such referred to in paragraph 2, including in the context of the determination of the best interests of the child referred to in Article 18. Before repatriating an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall ensure on the basis of an individual and documented assessment, that the repatriation is in the child’s best interests and carried out under safe conditions and that he or she will be returned to a member of his or her family with protective family link and where the member of his or her family is legally residing and where the child will also legally reside with adequate reception facilities in the country of origin or residence that comply with the standards of Directive (EU) 2024/1346. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. The 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. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. Before return authorities decide on whether to issue a return decision, the unaccompanied minor shall be heard, either directly or through the representative referred to in paragraph 2, including in the context of the determination of the best interests of the child. For unaccompanied minors, a return can be considered only in relation to the country of origin or a third country where the minor has protective family link and where the family relatives are legally residing. The Member State shall assess whether there are sustainable and appropriate protective factors related to the family link, as well as adequate reception and care arrangements. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, adequate reception facilities in the country of return or in the third country with which there is an agreement or arrangement. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Rasa Juknevičienė
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. The unaccompanied minor shall be heard, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. The unaccompanied minor shall be heard, either directly or through the representative or designated person referred to in paragraph 2, including in the context of the determination of the best interests of the child. At the latest 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. The unaccompanied child 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 child 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. The competent bodies, other than the authorities responsible for enforcing the repatriation decision, shall provide assistance to minors, duly taking into account the best interests of the child. Reception and care arrangements should also include receiving the child at arrival, immediate access to appropriate accommodation, support for basic needs, access to education and health care, and an individual plan for the child’s sustainable reintegration. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Before issuing a return decision to an unaccompanied minor, the authorities of that Member State shall be satisfied that there are no family members legally present in the EU who could feasibly take the child into their care, and, where return is in the minor’s best interest, that he or she will be returned to a first-or second-degree member of his or her family, or a nominated legal guardian in the country of return. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 b. If a Member State determines that it is in the best interests of the unaccompanied or separated minor to be returned, an individual plan shall be prepared, together with the unaccompanied minor where possible, for his or her durable return and reintegration. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 c. Member States shall provide specific support for the sustainable reintegration of children, and monitor the situation and reintegration progress of children and families after their return, for at least six months, and, where possible, for up to twelve months. |
| Text proposed by the Commission | Amendment |
|---|---|
| III OBLIGATIONS OF THE THIRD-COUNTRY NATIONAL | III RESPONSIBILITIES OF THE MEMBER STATE AND THE THIRD-COUNTRY NATIONAL |
| Text proposed by the Commission | Amendment |
|---|---|
| Obligation to cooperate | Cooperation between third-country nationals and Member States |
| Text proposed by the Commission | Amendment |
|---|---|
| Obligation to cooperate | Cooperation |
| Text proposed by the Commission | Amendment |
|---|---|
| -1. Member States shall take all necessary steps to ensure that third-country nationals are able to exercise their rights and fulfil their obligations under this Regulation, including by providing all necessary information in good time, providing timely and unrestricted access to legal and linguistic assistance, ensuring any deadlines and other obligations imposed are reasonable and non-discriminatory, and taking individual circumstances into account with regard to any decision taken. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Third-country nationals may provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. Without prejudice to the obligation on Member States to pro-actively assess the risk of non-refoulement, third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation, including those relevant for the purpose of Article 5, without undue delay. Any obligation imposed on minors shall take into account and be proportionate to their age and maturity. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Third-country nationals shall comply with the obligation to leave the territory of the Member States and they shall have the obligation to cooperate with the competent authorities of the Member States where they are subject to the application of this Regulation. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Returnees shall comply with the obligation to leave the territory of the Member States. Returnees shall also provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of the return without undue delay. |
This obligations are detailed in paragraphs 2 and 3. The first paragraph has no added value. Readmission is part of return. Article 5 is the horizontal fundamental rights clause
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 or face the penalties set out in Article 22. 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Third-country nationals shall have the obligation to cooperate at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States without undue delay. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation without delay. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Third-country nationals shall have the obligation to fully 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, without undue delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Third-country nationals shall: | 2. Without prejudice to the obligation to leave the territory of the Member States, third-country nationals shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Third-country nationals shall: | 2. Without prejudice to the obligation to leave the territory of the Member States, third-country nationals shall: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Third-country nationals shall: | 2. Returnees shall cooperate with the competent authorities of the Member State and shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | a. remain available to the competent authorities on the territory of the Member State competent for the return procedure of which the third-country nationals are the subject, not abscond, including to another Member State, and present themselves for the departure of the transportation for return as determined by the competent authority; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | 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 or travel to another Member State; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | 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 travel to another Member State; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | a. remain available on the territory of the Member State competent for the return procedure of which the returnee is the subject and not abscond to another Member State; |
| Text proposed by the Commission | Amendment |
|---|---|
| a a. regularly report to the competent authorities in accordance with national law; |
| Text proposed by the Commission | Amendment |
|---|---|
| a a. not abscond or withdraw himself from availability to the return process; |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| a a. remain available for the return process in accordance with article 23; |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| a c. not physically obstruct the implementation of the return; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | 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, including any relevant travel document, that they possess, or cooperate in obtaining any of these documents; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. provide, where requested by competent authorities, all information and physical documentation necessary for establishing or verifying identity; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. provide, where requested by competent authorities and without undue delay, all information, as well as physical documentation and the electronic and connection data necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess; |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. provide, where requested by competent authorities and without undue delay, all information and physical or digital documentation necessary for establishing or verifying identity, nationality, age or otherwise relevant within the return and readmission procedure that they possess; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. provide without undue delay, all information and documentation, including copies and electronic records, relevant for establishing or verifying identity or nationality or otherwise relevant within the return procedure that they possess or are reasonably presumed to be able to obtain; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. provide, where requested by competent authorities and without undue delay, all information and physical documentation that they possess and which are available to them for establishing or verifying identity or otherwise necessary for the return and readmission procedure. |
The obligation to provide documentation must be clearly limited to documentation that the person actually has available to them.
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | b. provide all information and physical documentation necessary for establishing or verifying identity, nationality or otherwise relevant within the return and readmission procedure that they possess; |
| Text proposed by the Commission | Amendment |
|---|---|
| b a. provide without undue delay the competent authorities with an identity or travel document or cooperate on obtaining an identity or travel document; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | c. not destroy or otherwise dispose of such documents, or written form, or fraudulently oppose the return or readmission procedure; |
The returnee should not act fraudulently in relation to the return procedure. That should be the obligation.
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | c. not destroy or otherwise dispose of documents, information and documentation, referenced in (b) and (ba) of this paragraph, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise fraudulently oppose the return procedure; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | c. not destroy or otherwise dispose of such documents, use aliases, provide other false information in an oral or written form, mislead the authorities, withhold relevant information or otherwise fraudulently oppose the return or readmission procedure; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | c. not destroy or otherwise dispose of such documents, use aliases provide other false information in an oral or written form, mislead the authorities, withold relevant information, or otherwise fraudulently oppose the return or readmission procedure; |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | c. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, provide falsified documents, or otherwise fraudulently oppose the return or readmission procedure; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | c. not deliberately destroy or otherwise dispose of such documents, use aliases with fraudulent intent, deliberately provide other false information in an oral or written form, or otherwise fraudulently oppose the return or readmission procedure; |
| Text proposed by the Commission | Amendment |
|---|---|
| d. provide an explanation in case they are not in possession of an identity or travel document; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| d. provide an explanation in case they are not in possession of an identity or travel document; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| d. provide an explanation in case they are not in possession of an identity or travel document; | d. provide a plausible and coherent explanation in case they are not in possession of an identity or travel document; |
| Text proposed by the Commission | Amendment |
|---|---|
| d. provide an explanation in case they are not in possession of an identity or travel document; | d. provide a plausible explanation in case they are not in possession of an identity or travel document; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. provide information on the third countries transited; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| e. provide information on the third countries transited; | deleted |
A returnee should normally be returned to her country of origin. It is not clear how it is necessary or proportionate to oblige a returnee to identify countries of transit for return authorities
| Text proposed by the Commission | Amendment |
|---|---|
| e. provide information on the third countries transited; | deleted |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| e. provide information on the third countries transited; | e. provide information on the third countries transited, travel routes, or other third countries with which he or she may have a connection; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. provide information on the third countries transited; | e. provide information on the third countries transited and, if applicable, other Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. provide information on the third countries transited; | e. c. provide information on the third countries transited, including other Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. provide information on the third countries transited; | e. provide information on the third countries transited and travel route; |
| Text proposed by the Commission | Amendment |
|---|---|
| ea. provide, at the request of the competent authorities, the electronic terminals at their disposal, together with any decryption agreements for them, in order to enable those authorities to determine their country of origin and transit and, more generally, to obtain any information useful for carrying out the return procedure effectively; |
| Text proposed by the Commission | Amendment |
|---|---|
| f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; | deleted |
| 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; | deleted |
| 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). |
This obligation exists already in the Eurodac Regulation as identified and furthermore in the Screening Regulation. The TCN cannot be expected to comply with the same obligation three times.
| Text proposed by the Commission | Amendment |
|---|---|
| f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; | f. provide biometric data as defined in national and Union law, including Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; |
| 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). | 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; | f. provide biometric data as defined in national and Union law, including Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; |
| 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). | 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; | f. provide biometric data in accordance with national law or Union law as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council; |
| 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| f. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; | f. provide biometric data as defined in national law, including Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council28 ; |
| 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). | 28 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 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| f a. comply with the travel requirements of carriers and entry requirements of third-country authorities, including health requirements, when such requirements are generally imposed on international travellers; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | g. where available, provide precise contact details, including current place of residence, address, telephone number where they may be reached and an electronic mail address; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | g. provide precise contact details, including when available current place of residence, address, telephone number where they may be reached and an electronic mail address; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | g. provide, as available, precise contact details, including current place of residence, address, telephone number where they may be reached and an electronic mail address; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | g. provide, when requested, precise contact details, including current place of residence, address, telephone number where they may be reached and an electronic mail address; |
| Text proposed by the Commission | Amendment |
|---|---|
| h. provide, without undue delay, information on any changes to the contact details referred to in point (g); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| h. provide, without undue delay, information on any changes to the contact details referred to in point (g); | h. provide information on any changes to the contact details referred to in point (g) within 48 hours; |
| Text proposed by the Commission | Amendment |
|---|---|
| h a. provide information identifying any social media accounts they hold or use; |
| Text proposed by the Commission | Amendment |
|---|---|
| h b. provide, where required, the competent authorities with electronic devices; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| i. 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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| i. 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; | i. appear for the departure for the transportation for return; |
| Text proposed by the Commission | Amendment |
|---|---|
| i. 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; | i. comply with any measure imposed under Article 23, paragraph 1, and Article 31, paragraph 1, throughout the return procedure; |
| Text proposed by the Commission | Amendment |
|---|---|
| i. 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; | i. remain available throughout the return and readmission procedures, and in particular appear for the departure for the transportation for return; |
| Text proposed by the Commission | Amendment |
|---|---|
| i a. Obligations imposed upon the third-country national under this Article shall be without prejudice to obligations and measures not related to return provided for under national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| i a. remain at the disposal of a Member State in detention center until completion of enforced return decision; |
| Text proposed by the Commission | Amendment |
|---|---|
| j. 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; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| j. 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; | deleted |
It cannot be the responsibility of a third country national to provide information to allow MS to send that person to a third country with which they have no connection. The TCN is already required to provide information necessary for return under point (b).
| Text proposed by the Commission | Amendment |
|---|---|
| j. 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; | j. 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 and proportionate to ensure the cooperation with these authorities will not endanger the well-being of the third-country national; |
| Text proposed by the Commission | Amendment |
|---|---|
| j. 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; | j. 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, insofar as this does not jeopardise their safety or the safety of their family members; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | k. appear in person or by means of videoconference, as required by the competent authorities, before the competent national or third-country authorities at the location indicated by such authorities for the purpose of acquiring travel documents and establishing their identity or nationality; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | k. when necessary, appear in person or, at the request of the competent authorities or the authorities from the third-country, 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | k. when necessary, appear in person or by means of videoconference, before the competent national authorities at the location indicated by such authorities; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | k. when necessary, appear in person before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | k. when necessary, appear in person or when difficult by means of videoconference, before the competent national and at the location indicated by such authorities where necessary to establish his or her nationality; |
It cannot be the case that third-country authorities, against which the returnee may well have alleged persecution, have the right to insist on that person appearing before them.
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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; | k. when necessary, appear in person or 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| k a. not physically oppose the return or removal; |
| Text proposed by the Commission | Amendment |
|---|---|
| k a. not physically oppose the return; |
| Text proposed by the Commission | Amendment |
|---|---|
| l. where required by competent authorities, participate in return and reintegration counselling. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| l. where required by competent authorities, participate in return and reintegration counselling. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| l. where required by competent authorities, participate in return and reintegration counselling. | l. where required by competent authorities, participate in return counselling. |
| Text proposed by the Commission | Amendment |
|---|---|
| l a. comply with other relevant additional measures in relation to return under national law; |
| Text proposed by the Commission | Amendment |
|---|---|
| l a. comply with other relevant additional measures in accordance with national law; |
| Text proposed by the Commission | Amendment |
|---|---|
| l b. Obligations imposed upon the third-country national under this Article shall be without prejudice to obligations and measures not related to return provided for under national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Where a third-country national refuses to provide biometric data in compliance with paragraph 2(f) of this Article, Member States may collect such biometric data by means of proportionate and strictly necessary coercive measures. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Nothing in this Regulation prohibits Member States from setting additional requirements for the cooperation of third country nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. Stateless persons shall not be prejudiced for the absence of documentation that they cannot reasonably obtain. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 b. Where a third-country national does not provide biometric data in compliance with paragraph 2 point f of this Article, Member States may record such biometric data using means of coercion. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | deleted |
| a. their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless; | |
| b. 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; | |
| c. 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; | |
| d. 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; | |
| e. any return decision issued by another Member State; | |
| f. country or countries and place or places of previous residence, travel routes and travel documentation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | deleted |
| a. their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless; | |
| b. 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; | |
| c. 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; | |
| d. 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; | |
| e. any return decision issued by another Member State; | |
| f. country or countries and place or places of previous residence, travel routes and travel documentation. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | deleted |
| a. their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless; | |
| b. 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; | |
| c. 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; | |
| d. 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; | |
| e. any return decision issued by another Member State; | |
| f. country or countries and place or places of previous residence, travel routes and travel documentation. |
It is not necessary nor proportionate to ask a TCN to provide a travel history outside the EU to the competent authorities. The information referred to in paragraph 2 is already sufficient to allow MS to make a determination on country of origin and/or country of previous residence. The obligation on returnees to provide documentation is set out in paragraph 2(b). As the list proposed by the Commission in paragraph 3 is not exhaustive, it has no value and only serves to confuse. For example, the Commission asks the returnee to provide statements regarding all the six paragraphs - this is clearly ridiculous as the return authorities prepare statements based on interviews with the returnee, not the other way around, and paragraph 2(b) to which paragraph 3 refers, is about documentation.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 3. The information and physical and electronic 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: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 3. The information and documentation or, where not available, copies thereof, referred to in paragraph 2, point (b) and (ba), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding: |
| Text proposed by the Commission | Amendment |
|---|---|
| b. 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; | b. their family members and other personal details of the third-country national for the purpose of carrying out the return or readmission procedure or for the determination of the country of return; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. any return decision issued by another Member State; | e. any return decision, decision ordering the removal, or entry ban issued by another Member State; |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| e. any return decision issued by another Member State; | e. any return decision, removal order, or entry ban issued by another Member State; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. any return decision issued by another Member State; | e. any return decision, removal order or entry ban issued by another Member State; |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| f. country or countries and place or places of previous residence, travel routes and travel documentation. | f. country or countries and place or places of previous residence, travel routes, transit, and travel documentation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 hand back such documents to the third-country national at the time of departure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 4. Where the competent authorities decide to retain any document necessary for the purpose of return as referred to in paragraph 2, point (b), they shall ensure that the third-country national receives photocopies, electronic records of the originals, or a confirmation of retention of the document. In case of voluntary return, 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. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 other appropriate proof of retention of the document. 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 4. Where the competent authorities need to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall do so by making photocopies or electronic records of the originals. Only in the context of return pursuant to Article 13, the competent authorities may retain the original documents and shall either hand back such documents to the third-country national either at the time of departure or upon arrival in the third country. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 systems developed and/or supported by the Union for the purpose of such communication. | 5. The third-country national shall be reachable by any means of communication as defined by the Member State in accordance with national law. Member States shall establish in national law the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 systems developed and/or supported by the Union for the purpose of such communication. | 5. The third-country national shall be reachable by any means of communication as defined by the Member State in accordance with national law. 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 systems developed and/or supported by the Member States or the Union for the purpose of such communication. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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 systems developed and/or supported by the Union for the purpose of such communication. | 5. The third-country national shall accept any communication from the competent authorities, using the most recent contact details indicated by himself or herself to the competent authorities. 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 systems developed and/or supported by the Union for the purpose of such communication. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 systems developed and/or supported by the Union for the purpose of such communication. | 5. Member States shall ensure that the method of communication is adequate, accessible, and understandable for persons who are illiterate or digitally illiterate. Member States shall ensure that such communication is made in a language the third-country national understands and in a format accessible to individuals with limited literacy or digital skills and 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 systems developed and/or supported by the Union for the purpose of such communication. | 5. The third-country national shall, within reasonable limits, 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 systems developed and/or supported by the Union for the purpose of such communication. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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 systems developed and/or supported by the Union for the purpose of such communication. | 5. 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 systems developed and/or supported by the Union for the purpose of such communication. The competent authorities shall inform the returnee, in a language which the returnee understands or is reasonably supposed to understand, of the method of communication that will be used in relation to the return procedure. |
It is not the role of TCNs to determine how a MS regulates the notification of decisions to them. They cannot be asked to accept a mode of communication that has not been explained to them.
| Text proposed by the Commission | Amendment |
|---|---|
| 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 systems developed and/or supported by the Union for the purpose of such communication. | 5. The third-country national shall indicate their preferred method of communication 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 methods 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 systems developed and/or supported by the Union for the purpose of such communication. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. A third-country national may be searched or his or her personal belongings may be searched, where it is necessary for the purpose of the return or readmission procedure and without affecting any search carried out for security reasons. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. A third-country national may be searched or his or her personal belongings and electronic devices may be searched, where it is necessary for the purpose of the return or readmission procedure, for security reasons or for any other justified reason. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. Where an equivalent search has not been carried out in accordance with Article 9(5) of Regulation (EU) 2024/1348, 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 Union and national law. |
The TCN should not be searched twice. The onus is already on MS to issue the return decision together with a negative asylum decision.
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. A third-country national may be searched or his or her personal belongings may be searched, including electronic devices, where it is necessary and duly justified for the purpose of the return or readmission procedure, or for the purpose of security or judicial investigations. Any search of the third-country national under this Regulation may be carried out without the consent of the third-country national concerned and 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. Any search shall be proportional and duly justified for the purpose of the return procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. Without prejudice to investigative measures for other reasons in accordance with national law, the competent authorities of the Member States, where necessary, proportionate and duly justified for the purpose of preparing or ensuring an effective return, may: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. A third-country national may be searched or all his or her personal belongings, including digital, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) search the third-country national and his or her place of residence or other relevant premises; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) search and seize personal belongings, electronic devices, and other items of relevance; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) impose other investigative measures, where provided for in national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) Any investigative measures under paragraph 6, points (a) to (c), of this Article may be carried out without the consent of the third-country national concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) Any investigative measures imposed in accordance with paragraph 6, points (a) to (c), of this Article shall respect the fundamental rights and be subject to the safeguards and remedies provided for in Union and national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 a. Competent authorities may search a third-country national’s electronic devices to obtain information establishing their identity or travel data, including by examining all data stored on the device, such as private communications, photos, and their associated metadata. | |
| The third-country national shall facilitate the search of his or her electronic devices, including by providing any access codes or passwords necessary to unlock the device. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 b. Competent authorities may retain the electronic devices referred to in paragraph 6a for as long as is necessary to conduct the return and readmission procedure, and in any case no later than the moment of removal from the territory of the Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 c. Where an electronic device is retained in accordance with paragraph 6a and it is the only device that enables the third-country national to communicate with the competent authorities, the competent authorities shall make all reasonable efforts to obtain a forensic back-up of the device and return it to the third-country national as soon as possible. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 d. Competent authorities may search third-country nationals and their place of residence where it is necessary and duly justified for the purpose of return and removal of the third-country national. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 e. Member States may provide for other investigative measures in national law where it is necessary, proportionate and duly justified for the purpose of the removal or readmission procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 f. For the purpose of verifying the information provided by the third-country national in accordance with the obligations set out in this Article, competent authorities may consult publicly available sources, including social media |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 22 | deleted |
| 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) 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; | |
| (2) 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); | |
| (3) seizure of identity or travel documents provided that the third-country national receives a copy; | |
| (4) refusal or withdrawal of work permit, pursuant to national law; | |
| (5) extension of the duration of an entry ban in line with Article 10(7); | |
| (6) financial penalties. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 22 | deleted |
| 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) 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; | |
| (2) 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); | |
| (3) seizure of identity or travel documents provided that the third-country national receives a copy; | |
| (4) refusal or withdrawal of work permit, pursuant to national law; | |
| (5) extension of the duration of an entry ban in line with Article 10(7); | |
| (6) financial penalties. |
| Text proposed by the Commission | Amendment |
|---|---|
| Consequences in case of non-compliance with the obligation to cooperate | Consequences and penalties in case of non-compliance with the obligation to cooperate |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | In case of non-compliance with the obligations set out in Article 21(2), points (a) to (k), Member States shall provide of the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | In case of non-compliance with the obligations set out in Article 21(2), Member States shall impose detention in accordance with Article 29 and removal in accordance with Article 12. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | In case of non-compliance with the obligations as set out in Article 21, paragraph 1 and the requirements under Article 21, paragraph 2, Member States shall impose on the third country national concerned one or more of the measures set out in Article 23, paragraph 1, and may impose one or more of the following measures which shall be effective and proportionate: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. In case of non-compliance with the obligations set out in Article 21 Member States shall provide for a possibility to impose effective and dissuasive measures on the third-country national, out of the following: |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | In case of non-compliance with the obligations set out in Article 21(1) and (2), points (a) to (k), Member States shall provide for a possibility to impose, following an individual assessment, effective, proportionate and dissuasive measures or sanctions on the third-country national, out of the following: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 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, administrative penalties on the third-country national, out of the following: |
These are quite clearly penalties imposed on the returnees. We should describe them as such. If we have no legal basis to impose penalties then they should not be included.
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| (1) 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; | deleted |
The removal of benefits should not be related to a return procedure as such. This would be discriminatory as nationals in receipt of benefits are not put in the same procedure with the same obligations.
| Text proposed by the Commission | Amendment |
|---|---|
| (1) 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; | deleted |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| (1) 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; | (1) refusal or reduction of certain benefits and allowances, where provided for by national law; |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) 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; | (1) refusal of certain benefits and allowances granted under Member State law to the third-country nationals; |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) 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; | (1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned; |
| Text proposed by the Commission | Amendment |
|---|---|
| (1) 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; | (1) refusal or reduction of certain benefits and allowances granted under Member State law to the third-country nationals concerned; |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) 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); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) 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); | (2) refusal or reduction of incentives granted to promote voluntary return in accordance with Article 13; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| (2) 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); | (2) refusal or reduction of incentives granted to promote accepted return in accordance with Article 13 or reduced assistance in return and reintegration programmes pursuant to Article 46(3); |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| (2) 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); | (2) refusal or reduction of incentives granted to promote voluntary return including refusal or reduction of assistance in return and reintegration programmes pursuant to Article 46(3); |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| (3) seizure of identity or travel documents provided that the third-country national receives a copy; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) seizure of identity or travel documents provided that the third-country national receives a copy; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) seizure of identity or travel documents provided that the third-country national receives a copy; | deleted |
In the case of non-compliance, the risk of absconding is high, which also affects the other Member States. It is therefore warranted that the seizure of documents becomes mandatory in accordance with paragraph 2.
| Text proposed by the Commission | Amendment |
|---|---|
| (4) refusal or withdrawal of work permit, pursuant to national law; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) extension of the duration of an entry ban in line with Article 10(7); | deleted |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| (5) extension of the duration of an entry ban in line with Article 10(7); | (5) extension of the duration of an entry ban up to the maximum duration in Article 10(6); |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) extension of the duration of an entry ban in line with Article 10(7); | (5) double the duration of the entry ban in accordance with article 10 (7) |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| (6) financial penalties. | deleted |
Financial penalties are not proportionate for returnees who, for the most part, have no form of income and are being required to leave the Member States.
| Text proposed by the Commission | Amendment |
|---|---|
| (6) financial penalties. | deleted |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| (6) financial penalties. | (6) criminal sanctions, including imprisonment and financial penalties, where provided for in national law. |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| (6 a) means to record biometric data, including fingerprints, which could include the use of coercion when a third-country National does not provide biometric data in compliance with Article 21, paragraph 2, point (f); |
| Text proposed by the Commission | Amendment |
|---|---|
| (6 a) any other measure established under national law, including criminal sanctions, aimed at ensuring compliance with the obligation to leave the territory of the Member State. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| (6 a) Returnees on whom such administrative penalties are imposed shall have a right to an effective remedy against such penalties in accordance with Article 26. |
The returnee has a right to an effective remedy in respect of the imposition of such penalties, as any EU citizen would have.
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| (6 a) detention in accordance with Article 29 or alternatives to detention pursuant to Article 31; |
| Text proposed by the Commission | Amendment |
|---|---|
| (6 a) measures in accordance with Article 31(2)(a) and (c); |
| Text proposed by the Commission | Amendment |
|---|---|
| In case of absconding to another Member State, the return decision issued to the third-country national concerned will be recognised and enforced in accordance with Article 9, while it may only be challenged before the competent authority of the issuing Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| (6 b) other measures or consequences than the abovementioned, where provided for in national law. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| (6 b) criminal sanctions in accordance with national law; |
| Text proposed by the Commission | Amendment |
|---|---|
| (6 b) detention in accordance with Article 29(3)(e); |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| Failure to comply with the obligations set out in Article 21(1) and (2) shall result in the suspension or withdrawal of the postponement of removal in accordance with Article 14(7). |
| Text proposed by the Commission | Amendment |
|---|---|
| In the event of non-compliance with the obligations set out in Article 21, Member States shall seize identity or travel documents and provide the third-country national with a copy thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| Nothing in this Regulation shall prohibit Member States from adopting additional measures in response to a third-country national's non-compliance with the obligations set out in Article 21. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Ana Miguel Pedro, Loránt Vincze, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for other dissuasive measures or sanctions in national law where it is necessary, proportionate and duly justified for the purpose of return or removal. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide in their national law that the measures imposed on the third-country national in accordance with paragraph 1 or 3 of this Article are not appealable, or that such an appeal shall not have suspensive effect. |
| Text proposed by the Commission | Amendment |
|---|---|
| Without prejudice to the civil or administrative measures imposed in accordance with this Article, Member States may also provide in their national criminal law that non-cooperation constitutes a criminal offence. |
| Text proposed by the Commission | Amendment |
|---|---|
| Availability for the return process | Restrictions to promote an effective return process |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. Only where necessary to ensure an effective return, third-country nationals may, for the duration of the return procedure, be subject to one or more of the following measures, which shall take into account the individual's circumstances, including family, work; education or other obligations: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. To ensure return while avoiding the use of detention, third-country nationals may only, when strictly necessary and proportionate, for the duration of the return procedure following an individual assessment of their situation, be subject to one or more of the following measures: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. To ensure a swift, efficient and effective return, reduce the risk of absconding, or the enhance further compliance with the obligations to leave, or to protect the public order or public safety third-country nationals be subject to one or more of the following measures: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. For the purpose of preparing and ensuring an effective return or to further incentivise compliance with the obligations to leave and cooperate, Member States may impose on the third-country national one or more of the following measures: |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. To ensure a swift, efficient and effective return and prevent the risk of absconding, third-country nationals shall, for the duration of the return procedure, be subject to one or more of the following measures: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. To ensure an efficient, effective and sustainable return, returnees may, based on an individual assessment, and for the duration of the return procedure, be subject to one or more of the following measures: |
As these measures restrict the rights of returnees, the need to be justified on the basis of an individual assessment. Paragraph 2 already provides examples of cases where this may not be possible.
| Text proposed by the Commission | Amendment |
|---|---|
| a. allocation to a geographical area within the Member State’s territory in which they are able to move freely; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. allocation to a geographical area within the Member State’s territory in which they are able to move freely; | a. allocation to a geographical area within the Member State’s territory in which they are able to move freely; that geographical area shall be sufficiently large, allow access to necessary public infrastructure and shall not affect the applicants’ unalienable sphere of private life in line with Article 8 Directive (EU) 2024/1346; |
| Text proposed by the Commission | Amendment |
|---|---|
| a. allocation to a geographical area within the Member State’s territory in which they are able to move freely; | a. the obligation to remain within a geographical area within the Member State’s territory in which they are able to move freely; |
| Text proposed by the Commission | Amendment |
|---|---|
| aa. detention in a designated place; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. residence at a specific address; | b. the obligation to reside at a specific address or place designated by the competent authorities; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. residence at a specific address; | b. residence at a specific address, if necessary under electronic monitoring; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. residence at a specific address; | b. residence at a specific address or a designated place; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. residence at a specific address; | b. residence at a specific address, where available; |
| Text proposed by the Commission | Amendment |
|---|---|
| c. reporting to the competent authorities at a specified time or at reasonable intervals. | c. reporting to the competent authorities at a specified time or at reasonable intervals, taking into account the individual’s circumstances, including work, education or other justified obligations. |
| Text proposed by the Commission | Amendment |
|---|---|
| c. reporting to the competent authorities at a specified time or at reasonable intervals. | c. the obligation to report to the competent authorities at specified times in person or by other means as specified in national law; |
| Text proposed by the Commission | Amendment |
|---|---|
| c. reporting to the competent authorities at a specified time or at reasonable intervals. | c. reporting to the competent authorities in person at regular intervals in accordance with national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| c. reporting to the competent authorities at a specified time or at reasonable intervals. | c. reporting to the competent authorities at a specified time or at regular intervals. |
| Text proposed by the Commission | Amendment |
|---|---|
| c. reporting to the competent authorities at a specified time or at reasonable intervals. | c. reporting to the competent authorities at reasonable intervals. |
| Text proposed by the Commission | Amendment |
|---|---|
| c a. other measures than those referred to in (a) to (c), where provided for in national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| c a. other measures than those referred to in (a) to (c), where provided for in national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| c a. Take residence in an internal return hub. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. Paragraph 1 shall only be applied to the extent that such measures are necessary and proportionate in the individual case, that they are compatible with the special needs of vulnerable persons and the best interests of the child, that they do not disproportionately affect the rights of third-country nationals under this Regulation and that they do not unduly restrict the ability of the third-country national to actively participate in the return process. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. Paragraph 1 shall only be applied following an analysis of the individual circumstances of the person, the proportionality of the measure in the specific case, and in a non-discriminatory and non-automatic manner. In the case of vulnerable persons, it 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. Any measures under 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. The measures set out in paragraph 1 may also be imposed on third-country nationals who cannot be removed, due to their lack of cooperation with the competent authorities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Upon request, competent authorities may grant the third-country national permission to: | 3. Upon a duly justified request, competent authorities may grant the third-country national permission to 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 |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Upon request, competent authorities may grant the third-country national permission to: | 3. Where a returnee is subject to one or more of the measures referred to in paragraph 1, and upon request, competent authorities may grant the third-country national permission to: |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Upon request, competent authorities may grant the third-country national permission to: | 3. Upon request, competent authorities may grant the third-country national permission to temporarily not comply with a measure as referred to in paragraph 1. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Upon request, competent authorities may grant the third-country national permission to: | 3. Upon request and for duly substantiated reasons, national authorities may grant the third-country national permission to: |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Upon request, competent authorities may grant the third-country national permission to: | 3. Upon request, competent authorities shall grant the third-country national permission to: |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | a. leave the designated geographical area for duly justified urgent and serious family reasons or necessary medical treatment which is not available within the geographical area; |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| b. reside temporarily outside the place designated in accordance with paragraph 1, point (b); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| b. reside temporarily outside the place designated in accordance with paragraph 1, point (b); | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| b. reside temporarily outside the place designated in accordance with paragraph 1, point (b); | b. reside outside the place designated in accordance with paragraph 1, point (b); |
| Text proposed by the Commission | Amendment |
|---|---|
| c. temporarily not comply with the reporting obligation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| c. temporarily not comply with the reporting obligation. | deleted |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| c. temporarily not comply with the reporting obligation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| c. temporarily not comply with the reporting obligation. | c. not comply with the reporting obligation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 4. Decisions regarding the permission listed in paragraph 3 shall be notified to the third-country national. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 4. The third-country national shall be informed whether or not the permission in accordance with paragraph 3 is granted. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 4. Decisions regarding the permissions listed in paragraph 3, first subparagraph, shall be taken objectively and impartially on the merits of the individual case. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 those reasons shall be given in writing if such permission is not granted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 4. Decisions regarding the permissions listed in paragraph 3, shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 5. The third-country national shall not be required to request permission pursuant to paragraph 3 to attend appointments with authorities and courts, where it would otherwise violated the obligation in paragraph 1 and where the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments in advance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 5. The third-country national shall not be required to request permission pursuant to paragraph 3 to attend appointments with authorities and courts, where it would otherwise have violated the obligations of paragraph 1, and where the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments in advance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. |
It is not proportionate to make the returnee the agent of the state. The MS authorities need to communicate with each other regarding the obligations they place on the returnee.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. The decisions taken in accordance with paragraph 1, points (a), (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. The decisions taken in accordance with paragraph 1 shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned. |
If any of the measures laid down in paragraph 1 are not made in writing to the returnee, it is not reasonable that the returnee is expected to comply with the measure.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 6. The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing and take into account specific circumstances of the third-country national concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 a. The third-country national shall be informed of any decision to apply measures referred to in paragraph 1 of this Article and about the consequence of non-compliance with that decision, including detention under Article 29. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 a. Nothing in this Regulation prohibits Member States from adopting measures in national law that the third country national has to comply with. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article -24 | |
| Right to be heard | |
| Prior to the adoption of a return decision, Member States shall grant to third country nationals who are the subject of a return procedure the right to be heard, including on the detailed arrangements for the return. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following: | 1. Third-country nationals subject to the return procedure shall be informed at the latest upon the issuance of the return decision about the following: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following: | 1. Returnees shall be informed as soon as possible about the following: |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following: | 1. Third-country nationals subject to the return procedure shall be informed about the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Third-country nationals subject to the return procedure shall be informed without undue delay about the following: | 1. Member States shall ensure that third-country nationals subject to return are informed about the following: |
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | a. the purpose of the procedure; |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Rasa Juknevičienė
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | a. the purpose, duration and steps of the return procedure; |
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | a. the purpose, duration and steps of the return procedure; |
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | a. the purpose, duration and steps of the return procedure as well as the time limits which the competent authorities must respect, including with regard to detention; |
| Text proposed by the Commission | Amendment |
|---|---|
| a. 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; | a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies; |
| Text proposed by the Commission | Amendment |
|---|---|
| a a. information on the available legal remedies and the time-limits to seek those remedies; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. 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; | b. the rights and obligations of third-country nationals during the return procedure including the consequences of not complying with an obligation to return following a return decision; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. 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; | b. the obligations on returnees during the return procedure as set out in Article 21 and Article 23, the possible 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 possible enforcement of a return decision issued by another Member State in accordance with Article 9; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. 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; | b. the 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. 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; | b. the obligations of third-country nationals as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Articles 22 and 29, paragraph 3, point e, 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| b a. 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, and the possibility to correct data; |
| Text proposed by the Commission | Amendment |
|---|---|
| c. return and reintegration counselling and programmes pursuant to Article 46; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| c. return and reintegration counselling and programmes pursuant to Article 46; | c. return counselling and programmes pursuant to Article 46; |
| Text proposed by the Commission | Amendment |
|---|---|
| d. 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. | d. 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 to Article 25, the right to request the withdrawal, suspension or shortening of an entry ban pursuant to Article 11, and the right to request postponement of removal pursuant to Article 14; |
| Text proposed by the Commission | Amendment |
|---|---|
| d. 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. | d. their procedural rights and obligations throughout the return procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| d. 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. | d. their procedural rights and obligations throughout the return procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| d. 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. | d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law. |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| d. 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. | d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| d. 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. | d. their procedural rights and obligations throughout the return procedure in accordance with this Regulation and national law, including the right to legal assistance and representation pursuant Article 25. |
| Text proposed by the Commission | Amendment |
|---|---|
| d a. the fact that their return will be through an EU-run facility outside of the Union, specifying their procedural rights during the return process to and from, as well as their stay in such facilities under Article 17(2), point (a). |
| Text proposed by the Commission | Amendment |
|---|---|
| d a. the rights conferred on data subjects by the applicable Union data protection law, in particular Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| d a. the rights that are conferred on them as data subjects pursuant to the applicable Union data protection law. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. The information provided shall be given in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand. 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). |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. 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 may be provided by means of standard information sheets, either in paper or in electronic form. In the case of unaccompanied children, the information shall be provided in an age-appropriate manner. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. The information provided shall be given in a language which the third-country national understands or is reasonably presumed to understand. The information may be provided by means of standard information sheets, either on paper or in electronic format, and, where necessary, orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the representative or the person designated to assist the minor referred to in Article 20(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. The information provided shall be given in a language which the third-country national understands or is reasonably presumed to understand. The information may be provided by means of standard information sheets, either on paper or in electronic format, and, where necessary, orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the representative or the person designated to assist the minor referred to in Article 20(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. The information provided shall be given without undue delay and at the latest upon the issuance of the return decision, in simple and accessible language and in a language which the third-country national understands including through written or oral translation and interpretation upon request. That information shall be provided orally by trained personnel and 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). Member States shall ensure that the third-country national receives tailored information that enables the person to be well-informed about the rights and obligations in the procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 preasumed to understand. The information may be provided by means of standard information sheets, either in paper or in electronic format, and, where necessary, orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the representative or the person designated to assist the minor. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. The information provided shall be given without undue delay 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. Member States may use artificial intelligence for this purpose. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner and if avaliable, with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, 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. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. The information provided shall be given as soon as possible in writing in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through oral 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. |
This information must be given in writing. If additional interpretation is required then this should be provided. As this information is crucial for the returnee to understand the process, it should be done as soon as possible.
| Text proposed by the Commission | Amendment |
|---|---|
| -1. The third-country national concerned shall have the right to obtain legal advice, representation and, where necessary, linguistic assistance at all stages of the return procedure. |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. In the case of an appeal or a review before a judicial authority, where legal assistance or representation is required under national law, or is requested by the third-country national, such assistance or representation shall, as a matter of priority, be financed or provided by the third-country national’s country of origin, including through consular services or through accredited legal professionals appointed or funded by that country. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Member States shall ensure that free legal assistance and representation is made available to ensure the right to an effective remedy and fair trial. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. In the case of an appeal or a review before a judicial or administrative authority, including 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall in accordance with national law, at the request of the third-country national, ensure that legal assistance and representation is made available. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 the third-country national has access to the necessary legal assistance to ensure the right to an effective remedy and fair trial. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. In the case of an appeal or a review before a judicial authority, at the request of the third-country national, free legal assistance and representation provided by consular services of citizenhip or origin country of the third-country national is allowed in the procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. During all the stages of the return procedure and the appeal or a review before a judicial authority in accordance with Article 27, Member States shall ensure that free legal assistance and representation is made available without any delay to ensure the right to an effective remedy and fair trial. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Member States may subject free legal assistance and representation to conditions outlined in national law. |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Unaccompanied minors shall automatically be provided with free legal assistance and representation. | 2. The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from the rights and comply with the obligations under this Regulation. Where representation or assistance is required under national law, or is requested on behalf of the unaccompanied minor, such representation or assistance shall, as a matter of priority, be financed or provided by the third-country national’s country of origin, including through consular services or through accredited legal professionals appointed or funded by that country. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Unaccompanied minors shall automatically be provided with free legal assistance and representation. | 2. Unaccompanied minors represented by legal guardians or consular services shall be provided with free legal assistance and representation offered by consular services of their citizenship or origin countries. Member State may provide free legal assistance to an accompanied minor according to national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Unaccompanied minors shall automatically be provided with free legal assistance and representation. | 2. Unaccompanied minors shall automatically be provided with free legal assistance and representation, subject to the exceptions referred to in paragraph 5. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Unaccompanied minors shall automatically be provided with free legal assistance and representation. | 2. Every person shall automatically be provided with free legal assistance and representation without condition or delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Unaccompanied minors shall automatically be provided with free legal assistance and representation. | 2. Vulnerable persons shall automatically be provided with free legal assistance and representation. |
Charlie Weimers, Alessandro Ciriani, Mariusz Kamiński, Nicolas Bay, Jadwiga Wiśniewska, Maciej Wąsik, Sebastian Tynkkynen, Geadis Geadi, Assita Kanko
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. In the case of an appeal or a review before a judicial authority, 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. |
Connections
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Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2025). “AMENDMENTS 1206 - 1605 - Draft report 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 the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC”. Text, 1 December 2025. docId LIBE-AM-781175. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-781175 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/LIBE-AM-781175 (CC BY 4.0).
BibTeX
@misc{epw-text-libe-am-781175,
author = {{European Parliament}},
title = {{AMENDMENTS 1206 - 1605 - Draft report 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 the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC}},
year = {2025},
date = {2025-12-01},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-781175}},
url = {https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-781175},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId LIBE-AM-781175. Data: EP Open Data API: document record (CC BY 4.0)}
}