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-781177 · COM(2025)0101 – 2025/0059(COD)
- Kind
- Amendment list LIBE-AM-781177
- Date
- 1 December 2025
- Committee
- Committee on Civil Liberties, Justice and Home Affairs
- Dossier
- 2025/0059(COD)
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- Formats
- Official page PDF Word
- Reference
- COM(2025)0101 – 2025/0059(COD)
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| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where detention has been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: | 3. Member States shall ensure that: |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where detention has been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: | 3. Where detention has been ordered or extended by administrative authorities, Member States shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where detention has been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: | 3. Member States shall put in place effective and prompt procedures, established in national law, to ensure a swift judicial review of the lawfulness of detention ordered by an administrative authority. These procedures shall, at a minimum, prescribe a reasonable time limit for such a review to be concluded. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where detention has been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: | 3. Where detention or alternatives to detention have been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where detention has been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: | 3. Where detention has been ordered by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where detention has been ordered or extended by administrative authorities, Member States shall ensure that all relevant facts, evidence and observations submitted during the proceedings are subject to judicial review, by providing that: | 3. Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio or upon the request of the applicant, or both. |
This is the language used under RCD for the detention of applicants for international protection. To provide a consistent and more easily applicable set of rules, they should be the same for returnees.
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or | a. any judicial review of the lawfulness of detention or alternatives to detention be concluded as speedily as possible after the beginning of the detention or the application of the alternative measures, and no later than 15 days thereafter; or |
| Text proposed by the Commission | Amendment |
|---|---|
| a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or | a. any judicial review of the lawfulness of detention and alternatives to detention be concluded as speedily as possible after the beginning of the detention or the application of alternative measures; |
| Text proposed by the Commission | Amendment |
|---|---|
| a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or | a. provide for a judicial review of the lawfulness of detention to be decided on as speedily as possible within a period that is laid down in national law after the beginning of the detention; or |
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 |
|---|---|
| a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, and no later than 15 days thereafter; or | a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention; or |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention or the alternative measures is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention or application of alternative measures inform the third-country national concerned about the possibility of initiating such proceedings. |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention or alternatives to detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings. In such cases Member States shall immediately upon detention or application of alternative measures inform the third-country national concerned about the possibility of initiating such proceedings. |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | b. grant the third-country national concerned the right to initiate proceedings by means of which the lawfulness of detention shall be subject to judicial review to be decided on as speedily as possible within a period that is laid down in national law after the launch of the relevant proceedings. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. |
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 |
|---|---|
| b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings. | b. the third-country national concerned be granted the right to initiate proceedings by means of which the lawfulness of detention is subject to judicial review, to be concluded as speedily as possible after the launch of the relevant proceedings, and no later than 15 days thereafter. Member States shall inform detained third-country nationals of their right to judicial review in a timely manner, using practical means suited to the situation. |
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 a. For third-country nationals identified as posing a security risk pursuant to Article 16, Member States may apply enhanced review procedures, including stricter supervision or more frequent judicial assessment, to ensure that detention and return measures adequately manage the risk. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. When conducted ex officio, such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the beginning of detention. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The third-country national concerned shall be released immediately and all alternatives to detention shall cease to apply if the detention is found to be not or no longer lawful. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The third-country national concerned shall be released immediately and all alternatives to detention shall cease to apply if the detention is found to be not or no longer lawful. |
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 |
|---|---|
| 3a. Member States may extend the period for judicial review in exceptional circumstances affecting administrative or judicial capacity, as per Article 47. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. When conducted upon the request of the returnee, an appeal shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the launch of the relevant proceedings. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall generally take place in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall, when possible, be kept separated from ordinary prisoners. |
| Detention facilities should operate under internal rules and procedures that ensure the safe, orderly, and secure management of the facility. This should include appropriate levels of staff supervision, effective monitoring where necessary, and measures to prevent violence, sexual abuse, harassment, self-harm, and other incidents that may endanger detainees or staff. Facilities should conduct regular internal inspections to maintain security, detect prohibited items, ensure sanitary conditions, and address risks to safety or public order. Temporary holding areas, understood as secure rooms used for short periods during intake, transfer or initial processing, should allow for continuous observation by staff and provide basic conditions of safety and hygiene, including access to drinking water and essential sanitary facilities. |
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. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall, when possible, be kept separated from ordinary prisoners. Member States may adopt temporary measures to expand capacity during exceptional return situations. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall take place, as a rule, in specialised facilities, adapted where appropriate to the needs of vulnerable returnees, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners and housed in conditions appropriate to their status and needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall take place, as a rule, in specialised facilities, including those adapted to meet the gender-specific, age-appropriate, and vulnerability-related reception needs of detained third-country nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners where possible. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall take place, as a general rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall generally take place in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall, when possible, be kept separated from ordinary prisoners. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Detention shall take place, as a rule, in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall be kept separated from ordinary prisoners. | 1. Detention shall take place in specialised facilities, including those adapted to meet the gender-specific and age-appropriate needs of detained third-country nationals. Member States ensure that the restriction of freedom is the least intrusive as possible and corresponds to the nature of administrative detention. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Ana Miguel Pedro, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Third-country nationals identified as posing a security risk pursuant to Article 16 may be placed in enhanced security arrangements within detention facilities, including stricter separation measures or increased supervision, for the duration necessary to manage the risk and facilitate their return. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Detained third-country nationals shall have access to open-air space. | 2. Detained third-country nationals shall have access to open-air space. Access to open-air space may be restricted for a limited period of time, if necessary and proportionate to ensure a well functioning detention facility. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities. | 3. Third-country nationals in detention shall be allowed to establish contact with legal representatives, family members and competent consular authorities without undue delay. Applicants for international protection shall be granted the right to contact the Office of the United Nations High Commissioner for Refugees. This shall include the right to contact an organization which is working on the territory of the Member State concerned on behalf of the United Nations High Commissioner for Refugees pursuant to an agreement with that 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 |
|---|---|
| 3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities. | 3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities, subject to practical arrangements and security considerations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities. | 3. Third-country nationals in detention shall be allowed to contact with legal representatives, representatives of international and non-governmental organisations, family members and competent consular authorities. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities. | 3. Third-country nationals in detention shall be allowed to establish, as soon as possible, contact with legal representatives, family members and competent consular authorities. |
Contact with legal representatives and family members cannot be a matter of 'due time'. It is a returnee's right to have legal advice and to challenge the decision to detain her/him.
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The competent authority managing the facility shall provide detained third-country nationals with information about their right to request contact with legal representatives. Such information should be displayed in various parts of the facility in languages that detained third-country nationals understand. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. | 4. Particular attention shall be paid to, and special accommodation provided for, the gender-specific, age-related, medical, psychological, and protection needs of detained vulnerable persons. Before ordering their detention, the special needs of the third-country national shall be assessed by qualified personnel to identify such vulnerabilities. Health care and essential treatment of illness shall be provided to detained third-country nationals including mental health, sexual and reproductive health services, social services and treatment for chronic illnesses. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. | 4. Particular attention shall be paid to, and special accommodation provided for, the gender specific, age-related, medical, psychological, and protection needs of detained persons. Emergency health care and essential treatment of illness, including access to sexual and reproductive health services, mental health care, and hygiene products appropriate to sex and age, shall be provided to detained third-country nationals. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. | 4. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. | 4. Particular attention shall be paid to the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. | 4. Particular attention shall be paid to the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Particular attention shall be paid to, and special accommodation provided for, the special needs of detained vulnerable persons. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 4b. Where the detention of vulnerable returnees with special reception needs would put their physical and mental health at serious risk, those returnees shall not be detained. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 4c. Where returnees with special reception needs are detained, Member States shall ensure regular monitoring of, and the provision of timely and adequate support to, those returnees, taking into account their particular situation, including their physical and mental health. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation. | 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies should, at the request of the third-country national, have the possibility to visit the detention facility. Such visits may be subject to authorisation and other appropriate conditions, including prior issuance of an appropriate security clearance issued by a competent authority in accordance with national law. Member States may impose limits to such access by virtue of national law where such limits are objectively necessary for the security, public order or administrative management of the facility. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation. | 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. The competent authority managing the detention facility shall allocate adequate time and space for the provision of legal assistance. Member States shall permit lawyers and persons allowed to provide legal advice and representation by national law to establish permanencies at the facility. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation. | 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies, as well as journalists and members of national and European parliaments, shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Unannounced visits shall be made possible. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation. | 5. 5. Legal representatives, family members, competent consular authorities and relevant and competent national and international organisations and bodies may have the possibility to visit any detention facility and communicate with the third-country nationals upon request by the third-country national. Such visits may shall be subject to security clearance and authorisation in accordance with national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation. | 5. Legal representatives, family members, competent consular authorities and relevant and competent national organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation. | 5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies should have the possibility to visit detention facility according to the rules and statutes of the facility. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. The possibility referred to in paragraph 5 shall be granted at the request of the third-country national. Visits may be subject to other appropriate conditions, including the prior authorisation, issuance of an appropriate security clearance by a competent authority in accordance with national law. Member States may impose limits on such access where such limits are provided for by national law and are objectively necessary for the security, public order or administrative management of the facility. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. | 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand or that they can be reasonably expected to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. |
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 |
|---|---|
| 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. | 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand, or that they are supposed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. | 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in in a language they understand or may be presumed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. | 6. Third-country nationals kept in detention shall be provided with information which explains the rules applied in the facility and sets out their rights and obligations in a language they understand or may reasonably be presumed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their rights and obligations in plain intelligible language and in a language they understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5. | 6. Third-country nationals kept in detention shall be provided in writing with information which explains the rules applied in the facility and sets out their obligations in a language they understand or are presumed to reasonably understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraph 3. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. Detained persons shall have the right to file complaints on any issue relating to the conditions of their detention to a competent and independent authority. Member States shall ensure complaints are effectively investigated and resolved without undue delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. Detained persons shall have the right to file complaints on any issue relating to the conditions of their detention to a competent authority. Member States shall ensure that complaints are effectively investigated and resolved without undue delay. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 35 | deleted |
| Conditions for detention of minors and families | |
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | |
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | |
| 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention. |
| Text proposed by the Commission | Amendment |
|---|---|
| Conditions for detention of minors and families | Derogation to detention for minors, families with minors, and vulnerable persons |
| Text proposed by the Commission | Amendment |
|---|---|
| Conditions for detention of minors and families | Conditions for detention of unaccompanied children and families with children |
| Text proposed by the Commission | Amendment |
|---|---|
| Conditions for detention of minors and families | Prohibition of detention of minors and families |
| Text proposed by the Commission | Amendment |
|---|---|
| Conditions for detention of minors and families | Prohibition of detention of minors and families |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| Conditions for detention of minors and families | Minors and families |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| -1. Minors shall not be detained. Adequate alternatives to detention shall be used for families with minors in accordance with the principle of family unity. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. Return and removals for unaccompanied minors and families with minors should be prioritised to minimalise their detention period. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. In exceptional circumstances, as a measure of last resort and , after an assessment of the best interests of the child, and after it has been established that other less coercive alternative measures cannot be applied effectively, in accordance with Article 26, minors may be detained: |
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. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child, while ensuring that detention conditions guarantee safety and prevent absconding. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. Unaccompanied minors and families with minors shall not be detained. Instead, provisions of Article 23 should apply. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. Unaccompanied minors and families with minors shall not be detained for reasons related to their own or their parents’ immigration status. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. Unaccompanied children and families with children shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. Minors, families with minors, and vulnerable persons shall not be detained but accommodated in specialised facilities that meet their specific needs and taking into account the best interests of the child. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child. | 1. Where unaccompanied minors and families with minors are detained, they shall only be detained for the shortest appropriate period of time and taking into account the best interests of the child. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| (a) in the case of accompanied minors, where the minor’s parent or primary care-giver is detained; or |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| (b) in the case of unaccompanied minors, where detention safeguards the minor. Such detention shall be for the shortest possible period of time. Minors shall never be detained in prison or another facility used for law enforcement purposes. All efforts shall be made to release minors from detention and place them in accommodation suitable for minors. The best interests of the child, as referred to in Article 18, shall be a primary consideration for Member States. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Where unaccompanied minors are detained, they shall be accommodated in facilities adapted to the housing of unaccompanied minors. Such facilities shall be provided with staff qualified to safeguard the rights of unaccompanied minors and attend to their needs. Where unaccompanied minors are detained, Member States shall ensure that they are accommodated separately from adults. |
For all amendments to this Article, see RCD 13(2), (3) and (4). For legislative consistency and to ensure the appropriate safeguards for children in a return procedure, these provisions must be aligned.
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Member States shall respect the principle of family unity and shall not separate children from their parents unless strictly required by the child’s best interests. Appropriate care and accommodation arrangements shall ensure that families can stay together within the community and that children have access to education, health care and other essential services. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy and living conditions in line with national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | 2. Unaccompanied minors and families with minors shall during the detention period be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of minors and of their age. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | 2. Unaccompanied minors and families with minors shall during the detention period be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of minors and of their age. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | 2. Families and unaccompanied children detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of children of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Birgit Sippel, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | 2. Families and minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. | 2. Families, unaccompanied minors, and vulnerable persons shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of persons of their age and of their gender, including appropriate hygiene, food, health services and other infrastructure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention. | 3. Children in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention. | 3. Minors accommodated in specialised facilities shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education in the format most appropriate to the length of their detention. | 3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to educational activities depending on the length of their detention. |
| Text proposed by the Commission | Amendment |
|---|---|
| Readmission procedure | Readmission procedure and consequences for non-compliance |
| Text proposed by the Commission | Amendment |
|---|---|
| Readmission procedure | Readmission procedure for voluntary return |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon issuance of an enforceable return decision and notwithstanding Article 28, competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure. | 1. After issuing a return, competent authorities, where relevant with the support of Frontex where requested, shall initiate the readmission procedure. They shall in particular verify the identity of the third-country national, and ensure that the third-country national has the necessary travel document(s). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon issuance of an enforceable return decision and notwithstanding Article 28, competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure. | 1. Upon acceptance of voluntary return, competent authorities shall initiate the readmission procedure. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon issuance of an enforceable return decision and notwithstanding Article 28, competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure. | 1. Once the period for accepting a return decision, pursuant to Article 12, paragraph 2, has expired and where a return decision has not been suspended in accordance with Article 28, competent authorities, with the support of Frontex where applicable, shall without undue delay initiate a readmission procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon issuance of an enforceable return decision and notwithstanding Article 28, competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure. | 1. After issuing a return decision, competent authorities shall where relevant, with the support of Frontex where relevant, initiate readmission, in particular where it is necessary to establish or verify the identity or nationality of the person concerned or obtain travel documents enabling him or her to return. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Upon issuance of an enforceable return decision and notwithstanding Article 28, competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure. | 1. Upon issuance of a return decision competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure. |
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. Upon issuance of an enforceable return decision and notwithstanding Article 28, competent authorities, with the support of Frontex where applicable, shall systematically and without undue delay initiate the readmission procedure. | 1. Upon issuance of an enforceable return decision, the competent authorities, shall, where relevant and necessary, initiate the readmission procedure for the purpose of implementing a return decision. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application. Such readmission application shall include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall be submitted without delay and where possible using a standard form pursuant to paragraph 6. | 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 |
|---|---|
| 2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application. Such readmission application shall include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall be submitted without delay and where possible using a standard form pursuant to paragraph 6. | 2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application, including the elements necessary to establish identity, nationality or to obtain a travel document. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application. Such readmission application shall include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall be submitted without delay and where possible using a standard form pursuant to paragraph 6. | 2. The readmission procedure may entail a request for a travel document. When a travel document needs to be obtained from third country authorities, the competent authorities shall submit a readmission application. Such readmission application may include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall be submitted in accordance with the timelines laid down in paragraph 1 and where possible using a standard form pursuant to paragraph 6. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application. Such readmission application shall include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall be submitted without delay and where possible using a standard form pursuant to paragraph 6. | 2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application. Such readmission application shall include, as relevant, a request for confirmation of nationality and a request for issuance of travel document. Readmission applications shall where possible use a standard form pursuant to paragraph 6. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The competent authorities may submit the request for travel document separately where it is preferable for legal or operational reasons, including due to the duration of the validity of the travel document to be issued and the non-availability of the third-country national to receive the travel document immediately after the confirmation of nationality. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329 . | 3. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329. |
| 29 Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: http://data.europa.eu/eli/reg/2016/1953/oj). | 29 Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: http://data.europa.eu/eli/reg/2016/1953/oj). |
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 competent authorities may submit the request for travel document separately where it is preferable for legal or operational reasons, including due to the duration of the validity of the travel document to be issued and the non-availability of the third-country national to receive the travel document immediately after the confirmation of nationality. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329 . | 3. The competent authorities may submit the request for travel document separately where it is preferable for legal or operational reasons. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329 . |
| 29 Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: http://data.europa.eu/eli/reg/2016/1953/oj). | 29 Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: http://data.europa.eu/eli/reg/2016/1953/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The competent authorities may submit the request for travel document separately where it is preferable for legal or operational reasons, including due to the duration of the validity of the travel document to be issued and the non-availability of the third-country national to receive the travel document immediately after the confirmation of nationality. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329 . | 3. The competent authorities may submit the request for travel document separately where it is preferable for legal or operational reasons, including due to the duration of the validity of the travel document to be issued and the non-availability of the third-country national to receive the travel document immediately after the confirmation of nationality or situations of statelessness. |
| 29 Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: http://data.europa.eu/eli/reg/2016/1953/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Information about the outcome of the request for confirmation of nationality and the travel document obtained shall be uploaded in the Schengen Information System by the competent authority concerned. Such information and travel document shall be made available to the competent authorities of other Member States upon request. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Information about the outcome of the request for confirmation of nationality and the travel document obtained shall be uploaded in the Schengen Information System by the competent authority concerned. Such information and travel document shall be made available to the competent authorities of other Member States upon request. | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Information about the outcome of the request for confirmation of nationality and the travel document obtained shall be uploaded in the Schengen Information System by the competent authority concerned. Such information and travel document shall be made available to the competent authorities of other Member States upon request. | 4. Such information and travel document shall be made available to the competent authorities of other Member States upon request. |
No revision of the Regulations governing the Schengen Information System is foreseen as part of this proposal. New obligations on Member States with regard to the Schengen Information System would require a revision of those regulations.
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 |
|---|---|
| 4. Information about the outcome of the request for confirmation of nationality and the travel document obtained shall be uploaded in the Schengen Information System by the competent authority concerned. Such information and travel document shall be made available to the competent authorities of other Member States upon request. | 4. Information about the outcome of the request for confirmation of nationality and the travel document obtained shall be made available to the competent authorities of other Member States upon request via the Schengen Information System. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States may enter into appropriate arrangements for the purpose of facilitating the organisation of identification interviews in another Member State, including for the purpose of implementing Article 44. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States may enter into appropriate arrangements for the purpose of facilitating the organisation of identification interviews in another Member State, including for the purpose of implementing Article 44. | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States may enter into appropriate arrangements for the purpose of facilitating the organisation of identification interviews in another Member State, including for the purpose of implementing Article 44. | deleted |
The purpose of this paragraph is unclear. Member States have obligations related to identification established under the Screening Regulation and this Regulation. It is not clear where the interview referred to in this paragraph fits with regard to the legal obligations on Member States.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States may enter into appropriate arrangements for the purpose of facilitating the organisation of identification interviews in another Member State, including for the purpose of implementing Article 44. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Member States may enter into appropriate arrangements for the purpose of facilitating the organisation of identification interviews in another Member State, including for the purpose of implementing Article 44. | 5. Member States may enter into appropriate arrangements for the purpose of facilitating the organisation of identification interviews in another Member State, including for the purpose of implementing Article 44. They shall refrain from cooperating with requests from third countries that might endanger the third-country national or affect his or her rights or those of his or her family members after readmission. |
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 |
|---|---|
| 5a. Frontex may support Member Sates in the readmission process, including through identification assistance, liaison officer networks, and coordination with third-country authorities, in line with its mandate. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The Commission shall be empowered to adopt an implementing act in accordance with Article 49(2) for the purpose of determining the standard form to be used to submit readmission applications referred to in paragraph 2. Such standard form shall set out: | deleted |
| a. the format for readmission applications; | |
| b. the elements of a readmission application including the request for confirmation of nationality and the request for issuance of travel document. |
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 |
|---|---|
| 6. The Commission shall be empowered to adopt an implementing act in accordance with Article 49(2) for the purpose of determining the standard form to be used to submit readmission applications referred to in paragraph 2. Such standard form shall set out: | deleted |
| a. the format for readmission applications; | |
| b. the elements of a readmission application including the request for confirmation of nationality and the request for issuance of travel document. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The readmission procedure in third countries shall be supported by dedicated Union return liaison officers financed by the Union. Such liaison officers shall be part of the structure of the Union Delegations and shall closely coordinate with the Commission in achieving the relevant Union policy priorities. | 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 |
|---|---|
| 7. The readmission procedure in third countries shall be supported by dedicated Union return liaison officers financed by the Union. Such liaison officers shall be part of the structure of the Union Delegations and shall closely coordinate with the Commission in achieving the relevant Union policy priorities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The readmission procedure in third countries shall be supported by dedicated Union return liaison officers financed by the Union. Such liaison officers shall be part of the structure of the Union Delegations and shall closely coordinate with the Commission in achieving the relevant Union policy priorities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The readmission procedure in third countries shall be supported by dedicated Union return liaison officers financed by the Union. Such liaison officers shall be part of the structure of the Union Delegations and shall closely coordinate with the Commission in achieving the relevant Union policy priorities. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. For monitoring of readmission cooperation with third countries, the Commission may every 12 months request the following data to be communicated to Frontex, regarding relevant third countries: a) number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests; number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents; b) number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. Where a Member State finds that a third country does not cooperate sufficiently in the readmission procedure, it shall inform the European Parliament, the Council and the European Commission. Appropriate measures shall be taken at national or Union level to sanction non-cooperating third countries. | |
| This may include one or more of the following: | |
| a) the removal of visa-free travel, longer processing times or higher visa fees; | |
| b) the suspension or removal of development aid; | |
| c) the suspension or removal of humanitarian aid; | |
| d) the suspension of free trade agreements or the temporary introduction of tariffs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. For the purpose of monitoring the level of cooperation of third countries on readmission, the Commission may, every twelve months, request Member States to communicate to Frontex the data necessary for such monitoring in relation to relevant third countries: | |
| a) number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests; | |
| b) number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. If a readmission request is either formally rejected by the country of origin or if the issuing Member State receives no response within 12 months, that Member State shall consider an alternative solution to regularise the situation of the third-country national affected in accordance with Article 7(1a) new. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7a. When the request for readmission is formally rejected or receives no response within 6 months, a residence permit under paragraph 7 of Article 7 shall be granted. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7b. Frontex shall grant the Commission access to the data communicated pursuant to paragraph 1. The data referred to in points (a) and (b), disaggregated by Member State, may be communicated to the third countries concerned for the purpose of monitoring the implementation of, and compliance with, their readmission obligations, including in the framework of Union readmission instruments. Member States shall not be required to submit data that is not available to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7b. Frontex shall grant the Commission access to the data referred to in this paragraph. The data referred to in letters a) and b), disaggregated by Member State, may be communicated to third countries for the purposes of monitoring the implementation of, and compliance with, readmission obligations, including in the framework of the Union readmission instruments. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7c. Member States are not obligated to submit the requested data, where it is not available. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 37 | deleted |
| Communication with non-recognised third-country entities | |
| 1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure. | |
| 2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 37 | deleted |
| Communication with non-recognised third-country entities | |
| 1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure. | |
| 2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| Article 37 | deleted |
| Communication with non-recognised third-country entities | |
| 1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure. | |
| 2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned. |
This text is too vague and seeks to provide a form of subsidiary diplomatic recognition solely for the purposes of migration policy.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 37 | deleted |
| Communication with non-recognised third-country entities | |
| 1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure. | |
| 2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure. | 1. The competent authorities may communicate, as necessary, with non-recognised third country interlocutors responsible for return and readmission for the purpose of returning the third-country national to a country of return outside of the territory of the Member States. |
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. The competent authorities may communicate, as necessary, with non-recognised third country entities responsible for one or more of the steps of the readmission procedure. | 1. The competent authorities may communicate, as necessary and in a strictly operational capacity, with non-recognised third country representatives responsible for one or more of the steps of the readmission procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Such communication shall be limited to what is necessary for carrying out the readmission procedure and shall not amount to diplomatic recognition of the entities concerned. | 2. Such communication shall be limited to what is necessary for carrying out return and readmission and shall not amount to diplomatic recognition of the interlocutors concerned. |
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 |
|---|---|
| 2a. Any communication under this Article shall be understood as strictly without prejudice to the Union’s position on the status of the territories or entities concerned, and shall not be considered as recognition, support or endorsement of their authority or legitimacy. |
François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Ana Miguel Pedro, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler
| Text proposed by the Commission | Amendment |
|---|---|
| Article37a | |
| External dimension and cooperation with third countries | |
| 1. The Union and the Member States shall ensure that the external dimension of return policy forms an integral part of the comprehensive approach to migration management. | |
| 2. The Union and the Member States shall pursue balanced and comprehensive partnerships with third countries, making return, readmission and reintegration core components of their engagement. | |
| 3. The coordinated use of all relevant Union policies and tools, including visa policy, trade, development and diplomatic instruments, shall be directly conditional to the level of cooperation on readmission, in order to support predictable and effective procedures with third countries. | |
| 4. Member States shall inform the Commission and the other Member States of the implementation of their partnerships, the challenges encountered and the level of cooperation of the third countries concerned, in order to support a coordinated Union approach. | |
| 5. Where persistent or unjustified lack of cooperation from a third country is identified, the Union shall take appropriate measures, including the use of restrictive policy tools, to ensure that effective and sustained cooperation on readmission is restored. |
| Text proposed by the Commission | Amendment |
|---|---|
| VII [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall communicate to each other, on request, information concerning a person within the scope of this Regulation for the purpose of carrying out the return procedure, the readmission procedure and providing reintegration assistance. | 3. Member States shall, upon request, communicate to each other available information concerning a person within the scope of this Regulation for the purpose of carrying out the return procedure and providing return and reintegration assistance. |
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 |
|---|---|
| 4. Where the information referred to in paragraph 3 can be exchanged through the EU Information Systems referred to in point 15 of Article 4 of Regulation (EU) 2019/818 of the European Parliament and of the Council30 or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall be exchanged only through those means. | deleted |
| 30 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, ELI: http://data.europa.eu/eli/reg/2019/818/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where the information referred to in paragraph 3 can be exchanged through the EU Information Systems referred to in point 15 of Article 4 of Regulation (EU) 2019/818 of the European Parliament and of the Council30 or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall be exchanged only through those means. | 4. Where the information referred to in paragraph 3 can be exchanged through the EU Information Systems referred to in point 15 of Article 4 of Regulation (EU) 2019/818 of the European Parliament and of the Council ¹ or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall, as a general rule, be exchanged only through those means. |
| 30 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, ELI: http://data.europa.eu/eli/reg/2019/818/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The requested data shall be adequate, relevant, accurate, limited to what is necessary for the intended purpose and shall set out the grounds on which it is based. | 5. The request for information shall include the grounds on which it is based. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The requested data shall be adequate, relevant, accurate, limited to what is necessary for the intended purpose and shall set out the grounds on which it is based. | 5. The requested data shall be adequate and limited to what is necessary for the intended purpose and the request shall set out the grounds on which it is based. |
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 |
|---|---|
| 6. The information referred to in paragraph 3 shall include in particular: | 6. The information referred to in paragraph 3 may include in particular: |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The information referred to in paragraph 3 shall include in particular: | 6. The information referred to in paragraph 3 may include in particular: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The information referred to in paragraph 3 shall include in particular: | 6. The information referred to in paragraph 3 may include: |
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 |
|---|---|
| a. information necessary to establish the identity of the third-country national and, where applicable, the identity of his or her family members, relatives and any other family relations, in particular surname(s); forename(s); where appropriate, former name(s) and other name(s) (alias(es), pseudonym(s)); date, place and country of birth; sex; | a. information necessary to establish the identity of the third-country national; |
| Text proposed by the Commission | Amendment |
|---|---|
| a. information necessary to establish the identity of the third-country national and, where applicable, the identity of his or her family members, relatives and any other family relations, in particular surname(s); forename(s); where appropriate, former name(s) and other name(s) (alias(es), pseudonym(s)); date, place and country of birth; sex; | a. information necessary to establish the identity of the third-country national and, where applicable, the identity of his or her family members, relatives and any other family relations; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, in particular facial image(s); dactyloscopic data; the date on which the biometric data were taken; the Eurodac reference number used by the Member State of origin; | b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, |
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 |
|---|---|
| b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, in particular facial image(s); dactyloscopic data; the date on which the biometric data were taken; the Eurodac reference number used by the Member State of origin; | b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis
| Text proposed by the Commission | Amendment |
|---|---|
| b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, in particular facial image(s); dactyloscopic data; the date on which the biometric data were taken; the Eurodac reference number used by the Member State of origin; | b. The facial image, fingerprint data, the date on which this biometric data was taken and the Eurodac reference number used by the Member State of origin in accordance with Regulation (EU) 2024/1358; |
In line with the EDPS opinion, there should be no doubt about the limitations on sensitive data that can be shared between Member States. Eurodac Regulation refers to fingerprint data and not dactyloscopic data.
| Text proposed by the Commission | Amendment |
|---|---|
| b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, in particular facial image(s); dactyloscopic data; the date on which the biometric data were taken; the Eurodac reference number used by the Member State of origin; | b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358, meaning facial image(s) and fingerprint data; the date on which the biometric data were taken; the Eurodac reference number used by the Member State of origin; |
| Text proposed by the Commission | Amendment |
|---|---|
| c. information related to the nationality and the travel document(s) of the third-country national, in particular current nationality(ies) and previous nationality(ies); type, number and country of issue of the travel document(s); the date of issue and the date of expiry of the travel document(s); | c. information related to the nationality and any travel document(s) of the third-country national, |
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. information related to the nationality and the travel document(s) of the third-country national, in particular current nationality(ies) and previous nationality(ies); type, number and country of issue of the travel document(s); the date of issue and the date of expiry of the travel document(s); | c. information related to the nationality and the travel document(s) of the third-country national; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. information on residence documents or visas issued by a Member State or a third country; | e. information on any residence status or authorisations offering a right to stay, including residence documents or visas as well as any applications or extensions hereof, issued by a Member State or a third country; |
| Text proposed by the Commission | Amendment |
|---|---|
| f. information related to the return operation of the third-country national, in particular on flight details; other travel arrangements; indication of whether the third-country national is a particularly dangerous person requiring specific arrangements during the return operation; information relating to escorting; | f. information related to the return operation of the third-country national; |
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. information related to the return operation of the third-country national, in particular on flight details; other travel arrangements; indication of whether the third-country national is a particularly dangerous person requiring specific arrangements during the return operation; information relating to escorting; | f. information related to the return operation of the third-country national; |
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 |
|---|---|
| g. information related to the reintegration of the third-country national, in particular family composition, marital status, contact information of family members in the country of return, work experience, education level, diplomas; | g. information related to the reintegration of the third-country national; |
| Text proposed by the Commission | Amendment |
|---|---|
| g. information related to the reintegration of the third-country national, in particular family composition, marital status, contact information of family members in the country of return, work experience, education level, diplomas; | g. information related to the return and reintegration of the third-country national; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| g. information related to the reintegration of the third-country national, in particular family composition, marital status, contact information of family members in the country of return, work experience, education level, diplomas; | g. information related to the reintegration of the third-country national, in particular family composition, marital status, contact information of family members in the country of transfer, work experience, education level, diplomas; |
| Text proposed by the Commission | Amendment |
|---|---|
| g. information related to the reintegration of the third-country national, in particular family composition, marital status, contact information of family members in the country of return, work experience, education level, diplomas; | g. information related to the third-country national, in particular family composition, marital status, contact information of family members in the country of return, work experience, education level, diplomas; |
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 |
|---|---|
| h. the grounds for any return decision taken concerning the third-country national; | h. the grounds for any return decision, removal order, and/or entry ban taken concerning the third-country national; |
| Text proposed by the Commission | Amendment |
|---|---|
| ha. information on the compliance of the third-country national with the obligations under articles 21 and 23; |
| Text proposed by the Commission | Amendment |
|---|---|
| j. information related to the criminal records or related to the threat to public policy, public security or national security posed by the third-country national; | j. information related to the criminal records or related to a threat to internal security posed by the third-country national; |
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 |
|---|---|
| ka. information on the cooperation of the third-country national in accordance with the obligations set out in Article 21. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The requested Member State shall be obliged to reply as soon as possible and at the latest within three weeks. | 7. The requested Member State shall be obliged to reply as soon as possible and at the latest within two weeks. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The requested Member State shall be obliged to reply as soon as possible and at the latest within three weeks. | 7. The requested Member State shall be obliged to reply as soon as possible and at the latest within two weeks. |
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 |
|---|---|
| 7a. A lack of response, incomplete response or delayed response from a Member State to a request made pursuant to this Article shall not prevent or delay the execution of a return decision or a removal order initiated by another Member State. The requesting Member State may proceed on the basis of the information already available to its competent authorities, in accordance with Union and national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The information exchanged may be used only for the purposes set out in paragraph 3. In each Member State such information may, depending on its type and the powers of the recipient authority, only be communicated to authorities or judicial authorities entrusted with the return procedure, the readmission procedure or the provision of reintegration assistance. | 8. The information exchanged may be used only for the purposes set out in paragraph 3. In each Member State such information may, depending on its type and the powers of the recipient authority, only be communicated to authorities or judicial authorities entrusted with the return procedure or the readmission procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8a. Member States shall upon request transfer to each other the original travel documents of a third-country national, where the travel document is necessary to ensure return. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 39 | deleted |
| Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration | |
| 1. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country provided it is necessary for the purposes of carrying out the readmission procedure. | |
| 2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance. | |
| 3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively. | |
| 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 39 | deleted |
| Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration | |
| 1. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country provided it is necessary for the purposes of carrying out the readmission procedure. | |
| 2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance. | |
| 3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively. | |
| 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. |
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 |
|---|---|
| Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration | Transfer of data to third countries relating to third-country nationals for the purposes of return, removal, readmission and reintegration |
| Text proposed by the Commission | Amendment |
|---|---|
| Transfer of data to third countries relating to third-country nationals for the purposes of readmission and reintegration | Transfer of data to third countries relating to third-country nationals for the purposes of readmission |
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. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country provided it is necessary for the purposes of carrying out the readmission procedure. | 1. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country provided it is necessary for the purposes of carrying out the return, removal or readmission procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country provided it is necessary for the purposes of carrying out the readmission procedure. | 1. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) and (j) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as airlines or medical providers, and where it is necessary for the purposes of return, readmission, and reintegration. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance. | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance. | 2. Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a), (c), (f) and (g), may be processed and transferred by a competent authority, and, where applicable, Frontex to third parties competent for reintegration assistance where the third-country national whose personal data is transferred has given his or her consent that his or her personal data be shared with third parties competent for reintegration assistance provided it is necessary for the purposes of providing reintegration assistance. |
As this paragraph addresses reintegration assistance, the returnee should be asked for consent before such personal data is shared.
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 |
|---|---|
| 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. | 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. This documentation shall be limited to information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligation for Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. | 4. Where a transfer is made pursuant to paragraph 1, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. If the transfer of data pursuant to paragraph 1 and 2 is likely to endanger the safety or life of the third country national concerned, the transfer to that third country shall not be permitted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Transfer of data to third countries relating to criminal convictions of third-country nationals for the purposes of readmission and reintegration | Transfer of data to third countries relating to criminal convictions of third-country nationals for the purposes of readmission |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Data relating to one or several criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority where the following conditions are met: | 1. Data relating to one or more criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met: |
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 |
|---|---|
| a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State; | a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if it is punishable by a custodial sentence or a detention order for a maximum period of at least one year under the national law of the convicting Member State; |
| 31 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). | 31 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State; | a. the third-country national whose personal data is transferred has been convicted in the previous 15 years of a terrorist offence or in the previous 10 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if a custodial sentence or a detention order for a maximum period of at least three years was imposed under the national law of the convicting Member State; |
| 31 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). | 31 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). |
It is not proportionate to transfer personal data of returnees who have received minor sentences for potentially serious offences, without any consideration of the sentence actually imposed for the offence in the given case. The historical offences also raise issues of necessity and proportionality.
| Text proposed by the Commission | Amendment |
|---|---|
| a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State; | a. the third-country national whose personal data is transferred has been convicted in the previous 50 years of a terrorist offence or in the previous 30 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council1 or has committed an offence carrying a penalty involving the deprivation of liberty of at least six months under the national law of the convicting Member State; |
| 31 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council31 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State; | a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council or has committed an offence carrying a penalty involving the deprivation of liberty of at least 1 year under the national law of the convicting Member State; |
| 31 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. the transfer of data is necessary for the purposes of carrying out the readmission procedure referred to in Article 36; | b. the transfer of data is strictly necessary and proportionate for the purposes of carrying out the readmission procedure referred to in Article 36; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the transfer of data is necessary for the purposes of carrying out the readmission procedure referred to in Article 36; | b. the transfer of data is necessary for the purposes of return, readmission, and reintegration; |
| Text proposed by the Commission | Amendment |
|---|---|
| c. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country for the purpose of carrying out the readmission procedure; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| d. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| d. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement; | d. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement and that the transferred data does not risk leading to the handing down or execution of the death penalty or any form of cruel or inhuman treatment; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. prior to the transfer, the competent authority and, where applicable, Frontex, has satisfied itself that the transfer of data does not risk breaching Article 50 of the Charter. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Data relating to one or several criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance where the following conditions are met: | deleted |
| a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State; | |
| b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46; | |
| c. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with a third party competent for reintegration assistance for the purposes of providing tailor-made and non-financial reintegration; | |
| d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Data relating to one or several criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance where the following conditions are met: | deleted |
| a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State; | |
| b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46; | |
| c. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with a third party competent for reintegration assistance for the purposes of providing tailor-made and non-financial reintegration; | |
| d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| a. the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if it is punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of the convicting Member State; | a. the third-country national whose personal data is transferred has been convicted in the previous 15 years of a terrorist offence or in the previous 10 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 if a custodial sentence or a detention order for a maximum period of at least three years was imposed under the national law of the convicting Member State; |
It is not proportionate to transfer personal data of returnees who have received minor sentences for potentially serious offences, without any consideration of the sentence actually imposed for the offence in the given case. The historical offences also raise issues of necessity and proportionality.
| Text proposed by the Commission | Amendment |
|---|---|
| b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. the transfer of data is necessary for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46; | b. the transfer of data is strictly necessary and proportionate for the purposes of providing a tailor-made and non-financial reintegration assistance referred to in Article 46; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement. | d. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement and that the transferred data does not risk leading to the handing down or execution of the death penalty or any form of cruel or inhuman treatment. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively. | 3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively. Where the transfer of personal data concerns the personal data of a minor, the Member States and, where applicable, Frontex shall establish that the transfer of data is in the best interests of the child before such a transfer takes place. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 and the personal data transferred. | 4. Where a transfer is made pursuant to paragraph 1, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 and the personal data transferred. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 41 | deleted |
| Transfer of health data of third-country nationals to third countries for the purposes of carrying out the return operation and reintegration | |
| 1. Data concerning the medical assistance to be provided to third-country nationals during the return operation may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority where the following conditions are met: | |
| a. the transfer of data is necessary for the purposes of carrying out the return operation; | |
| b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country for the purposes of carrying out the return operation; | |
| c. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement. | |
| 2. Data concerning health of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance where the following conditions are met: | |
| a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national; | |
| b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with a third party competent for reintegration assistance, for such assistance to be tailored to his or her medical needs, and has consented to such transfer. | |
| 3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively. | |
| 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 and the personal data transferred. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 41 | deleted |
| Transfer of health data of third-country nationals to third countries for the purposes of carrying out the return operation and reintegration | |
| 1. Data concerning the medical assistance to be provided to third-country nationals during the return operation may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority where the following conditions are met: | |
| a. the transfer of data is necessary for the purposes of carrying out the return operation; | |
| b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country for the purposes of carrying out the return operation; | |
| c. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement. | |
| 2. Data concerning health of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance where the following conditions are met: | |
| a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national; | |
| b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with a third party competent for reintegration assistance, for such assistance to be tailored to his or her medical needs, and has consented to such transfer. | |
| 3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively. | |
| 4. Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 and the personal data transferred. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Data concerning the medical assistance to be provided to third-country nationals during the return operation may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority where the following conditions are met: | 1. Data concerning the medical assistance to be provided to third-country nationals during the return operation may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as medical providers, where the following conditions are met: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| a. the transfer of data is necessary for the purposes of carrying out the return operation; | a. the transfer of data is strictly necessary and proportionate for the purposes of carrying out the return operation; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country for the purposes of carrying out the return operation; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with the authorities of a third country for the purposes of carrying out the return operation; | b. the third-country national whose personal data is transferred has given his or her consent that his or her personal data be shared with the authorities of a third country for the purposes of carrying out the return operation; |
Given that health data is sensitive personal data, the returnee should be asked to given consent before such health data is shared with a third country.
| Text proposed by the Commission | Amendment |
|---|---|
| c. prior to the transfer, the competent authority and, where applicable, Frontex has satisfied itself that the transfer of data does not risk breaching the principle of non-refoulement. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Data concerning health of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance where the following conditions are met: | 2. Data concerning health and medical needs of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met: |
| Text proposed by the Commission | Amendment |
|---|---|
| a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| a. the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national; | a. the transfer of data is strictly necessary and proportionate for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. the third-country national whose personal data is transferred has been informed that his or her personal data may be shared with a third party competent for reintegration assistance, for such assistance to be tailored to his or her medical needs, and has consented to such transfer. | b. the third-country national whose personal data is transferred has given his or her consent that his or her personal data be shared with a third party competent for reintegration assistance, for such assistance to be tailored to his or her medical needs, and has consented to such transfer. |
Given that health data is sensitive personal data, the returnee should be asked to given consent before such health data is shared with a third country.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 42 | deleted |
| Components of a common system for returns | |
| 1. A common system for returns pursuant to this Regulation shall consist of: | |
| a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof; | |
| b. a system of recognition and enforcement of return decisions among Member States; | |
| c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation, including for detention; | |
| d. digital systems for managing the return, readmission and reintegration of third-country nationals; | |
| e. cooperation between Member States; | |
| f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates. | |
| 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. | |
| 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. | |
| 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. A common system for returns pursuant to this Regulation shall consist of: | 1. A common system for returns pursuant to this Directive shall consist of: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof; | a. a common procedure for the return of third-country nationals with no right to stay in the Union, |
Readmission procedures may not always be necessary, when a person leaves the EU having accepted the return decision.
| Text proposed by the Commission | Amendment |
|---|---|
| a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof; | a. a procedure for the return of third-country nationals with no right to stay in the territory of the Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| a. a common procedure for the return of third-country nationals with no right to stay in the Union, including a common procedure for readmission as an integral part thereof; | a. common standards and procedures for the return of third-country nationals with no right to stay in the Union; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. a system of recognition and enforcement of return decisions among Member States; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| b. a system of recognition and enforcement of return decisions among Member States; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. a system of recognition and enforcement of return decisions among Member States; | b. a system of voluntary recognition and enforcement of return decisions among Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| b a. a system of recognition and enforcement of return decisions among Member States; |
| Text proposed by the Commission | Amendment |
|---|---|
| c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation, including for detention; | c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Directive; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation, including for detention; | c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation. |
An increase in detention capacity will not necessarily increase return rates. More likely, it will increase detention rates. Apart from being wrong-headed, this costs the Member States and the Union a lot of money.
| Text proposed by the Commission | Amendment |
|---|---|
| d. digital systems for managing the return, readmission and reintegration of third-country nationals; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| d. digital systems for managing the return, readmission and reintegration of third-country nationals; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| d. digital systems for managing the return, readmission and reintegration of third-country nationals; | deleted |
The Commission has indicated its intention to make a legislative proposal for digitalising return case-management systems. A decision on that should be left to the co-legislator for that piece of legislation
| Text proposed by the Commission | Amendment |
|---|---|
| d. digital systems for managing the return, readmission and reintegration of third-country nationals; | d. digital systems for managing the return and reintegration of third-country nationals; |
| Text proposed by the Commission | Amendment |
|---|---|
| d. digital systems for managing the return, readmission and reintegration of third-country nationals; | d. digital systems for managing the return and readmission of third-country nationals; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. cooperation between Member States; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| ea. a sufficient level of detention capacity as determined by the Member State taking into account actual needs; |
| Text proposed by the Commission | Amendment |
|---|---|
| f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates. | f. Financial support by the Union and operational support by the Union bodies, offices and agencies, in particular the support of Frontex, pursuant to Article 43(4) and in line with their respective mandates. |
| Text proposed by the Commission | Amendment |
|---|---|
| f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates. | f. Financial support by the Union and operational support by the Union bodies, offices and agencies in line with their respective mandates. |
| Text proposed by the Commission | Amendment |
|---|---|
| f. Union bodies, offices and agencies supporting pursuant to Article 43(4) and in line with their respective mandates. | f. financial support by the Union and operational support by the Union bodies, offices and agencies in line with their respective mandates. |
| Text proposed by the Commission | Amendment |
|---|---|
| fa. full compliance with applicable Union law, including the Charter, with applicable international law, including the 1951 Geneva Convention on the Status of Refugees of 28 July 1951, as complemented by the 1967 New York Protocol, the Convention related to the Status of Stateless persons of 28 September 1954, with obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights, including the right to an effective remedy. |
| Text proposed by the Commission | Amendment |
|---|---|
| fa. full compliance with relevant Union law, including the Charter, with relevant international law, with the obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights, including the right to an effective remedy; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| fa. effective and independent monitoring mechanisms. |
| Text proposed by the Commission | Amendment |
|---|---|
| fb. an effective and independent monitoring mechanism of the respect of fundamental rights. |
| Text proposed by the Commission | Amendment |
|---|---|
| fb. effective and independent monitoring mechanisms. |
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 |
|---|---|
| 1a. The development of digital systems shall rely, to the greatest extent possible, on existing national infrastructures and interoperable Union systems, and shall not create additional reporting or procedural burdens for Member States. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. | deleted |
| 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). |
No clear added value. The reference to existing cooperation mechanisms suggests that this provision would only add an additional layer of bureaucracy to those mechanisms.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. | deleted |
| 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. | deleted |
| 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. | 2. The Union and the Member States shall identify common priorities in the field of returns. |
| 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. | 2. The Union and the Member States shall identify common priorities in the field of returns. |
| 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. | 2. The Union and the Member States shall identify common priorities in the field of return and readmission and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1351, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 of the European Parliament and of the Council32 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. |
| 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). | 32 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj). |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. | 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components. |
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 |
|---|---|
| 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. | 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies. Such cooperation and coordination shall not affect the competence of Member States to organise and manage return operations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Where a Member State faces difficulties with a third country in taking back its nationals who are subject to a return decision or who are returning voluntarily, the other Member States and the European Union must show solidarity with the Member State concerned; the Union, in coordination with Member States, may adopt coercive measures against third countries which refuse to cooperate, such as diplomatic retaliatory measures, visa restrictions and limitations on economic cooperation and development aid or in other areas, so as to ensure compliance with return obligations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Each Member State shall designate, in accordance with national law, the competent authorities responsible for fulfilling the obligations arising under this Regulation. | 1. Each Member State shall designate, in accordance with national law, the competent authorities responsible for fulfilling the obligations arising under this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Each Member State shall allocate the necessary resources to competent authorities, including appropriately trained staff who received guidance to fulfil their obligations set out in this Regulation. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Each Member State shall allocate the necessary resources to competent authorities, including appropriately trained staff who received guidance to fulfil their obligations set out in this Regulation. | 2. Each Member State shall allocate the necessary resources to competent authorities, including appropriately trained staff who received guidance to fulfil their fundamental rights obligations set out in this Directive as well as other European and international instruments. |
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. Each Member State shall allocate the necessary resources to competent authorities, including appropriately trained staff who received guidance to fulfil their obligations set out in this Regulation. | 2. Each Member State shall allocate the resources it deems necessary to competent authorities, including appropriately trained staff. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure a sufficient level of detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351. | deleted |
An increase in detention capacity will not necessarily increase return rates. More likely, it will increase detention rates. Apart from being wrong-headed, this costs the Member States and the Union a lot of money.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure a sufficient level of detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure a sufficient level of detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure a sufficient level of detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351. | 3. Member States shall ensure a sufficient level of administrative detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45. | 4. Member States may be supported by relevant staff of Union Agencies. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with Article 45. | 4. Member States may be supported by competent authorities of another Member State in accordance with Article 44 and relevant staff of Union Agencies, including in accordance with the mandates of those Agencies . |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. In addition to allocating the necessary resources pursuant to paragraph 2, Member States shall take all necessary measures to ensure that, within each calendar year, at least 80 % of third-country nationals who are subject to an enforceable return decision are effectively returned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Member States shall take all necessary measures to ensure that, within each calendar year, at least 95 % of third-country nationals who are subject to an enforceable return decision are effectively returned. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4b. Where a Member State fails to meet the target set out in paragraph 4a, it shall, no later than three months after the end of the relevant calendar year, notify the Council, the European Parliament and the European Commission, and shall make the notification publicly available. The notification shall include a detailed analysis of the reasons for non-compliance, including any challenges related to cooperation from third countries, and an action plan outlining the measures the Member State intends to take rectify the situation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4b. Where a Member State fails to meet the target set out in paragraph 4a, it shall, no later than three months after the end of the relevant calendar year, notify the Commission and the Council. The notification shall include a detailed analysis of the reasons for non-compliance, including any challenges related to cooperation from third countries, and an action plan outlining the measures the Member State intends to take to improve its performance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4c. On the basis of the notification referred to in paragraph 4b, the Commission may recommend specific measures to assist the Member State concerned or may initiate dedicated actions at Union level to improve cooperation on readmission with the relevant third countries. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 44 | deleted |
| Cooperation between Member States | |
| 1. Cooperation and assistance between competent authorities designated in accordance with Article 43 shall take place for the purpose of: | |
| a. allowing transit through their territory to assist that a return decision of another Member State can be complied with or travel documents obtained; | |
| b. providing logistical, financial or other material or in-kind assistance; | |
| c. leading or supporting the policy dialogue and exchanges with the authorities of third countries for the purpose of facilitating readmission; | |
| d. contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document; | |
| e. organising, on behalf of the requesting Member State, the practical arrangement for the enforcement of return; | |
| f. facilitating the transfer referred to in Article 8(1), point (b); | |
| g. supporting the departure of a third-country national towards the Member State in which he or she has a right to stay in accordance with Article 8(1), first subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 44 | deleted |
| Cooperation between Member States | |
| 1. Cooperation and assistance between competent authorities designated in accordance with Article 43 shall take place for the purpose of: | |
| a. allowing transit through their territory to assist that a return decision of another Member State can be complied with or travel documents obtained; | |
| b. providing logistical, financial or other material or in-kind assistance; | |
| c. leading or supporting the policy dialogue and exchanges with the authorities of third countries for the purpose of facilitating readmission; | |
| d. contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document; | |
| e. organising, on behalf of the requesting Member State, the practical arrangement for the enforcement of return; | |
| f. facilitating the transfer referred to in Article 8(1), point (b); | |
| g. supporting the departure of a third-country national towards the Member State in which he or she has a right to stay in accordance with Article 8(1), first subparagraph. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Cooperation and assistance between competent authorities designated in accordance with Article 43 shall take place for the purpose of: | 1. Cooperation and assistance between competent authorities designated in accordance with Article 43 shall as a general rule take place for the purpose of: |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Cooperation and assistance between competent authorities designated in accordance with Article 43 shall take place for the purpose of: | 1. Cooperation and assistance between competent authorities designated in accordance with Article 43 may consist in: |
| Text proposed by the Commission | Amendment |
|---|---|
| a. allowing transit through their territory to assist that a return decision of another Member State can be complied with or travel documents obtained; | a. allowing transit through their territory to assist that a return decision of another Member State can be complied with or for the purpose of identification procedures or obtaining travel documents; |
| Text proposed by the Commission | Amendment |
|---|---|
| b. providing logistical, financial or other material or in-kind assistance; | b. providing logistical or other material or in-kind assistance in connection with transit through their territory pursuant to (a); |
| Text proposed by the Commission | Amendment |
|---|---|
| ba. facilitating the transfer referred to in Article 8(1), point (b); |
| Text proposed by the Commission | Amendment |
|---|---|
| bb. supporting the return or removal of a third-country national towards the Member State in which he or she has a right to stay in accordance with Article 8(1), first subparagraph, including the use of detention. |
| Text proposed by the Commission | Amendment |
|---|---|
| d. contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document; | d. contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document where this is not possible by the enforcing Member State, after thoroughly assessing that this will not endanger his or her well-being; |
| Text proposed by the Commission | Amendment |
|---|---|
| f. facilitating the transfer referred to in Article 8(1), point (b); | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| ga. in cases of mutual recognition, ensuring the returnee can fully exercise his or her right to an effective remedy in both Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Cooperation and assistance between competent authorities designated in accordance with Article 43 may take place, including for the purpose of: a. leading or supporting the policy dialogue and exchanges with the authorities of third countries for the purpose of facilitating readmission; b. contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document; c. organising, on behalf of the requesting Member |
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. Assistance with transit and facilitation of transits should only be provided if the third-country national cannot return with a direct flight from the territory of the Member State that has issued or enforces the return decision or removal order. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article44a | |
| Obligations for Member States | |
| 1. Member States shall ensure well-functioning dignified, safe and sustainable return systems, in full compliance with fundamental rights and as established by this Regulation. To this end, they shall allocate sufficient resources, infrastructure and administrative capacities to the competent national authorities, and shall cooperate with third-country nationals in accordance with Article 21(-1)(new) . | |
| 2. Member States shall issue an annual report to the Commission and European Parliament on the implementation of this Regulation and functioning of their national return framework, including at least: | |
| a) the resources, infrastructure and administrative capacities of the competent national authorities; | |
| b) the number of ongoing return procedures; | |
| c) the average decision period for return decisions; | |
| d) the amount of readmission requests made to third countries in relation to the amount of return decisions taken, including an analysis of reasons why readmission requests have not been issued; | |
| e) the average duration of detention for the purpose of carrying out return; | |
| f) the types of alternatives to detention applied. | |
| 3. The Commission shall monitor and analyse the functioning of the implementation of this Regulation based on the reports issued by the Member States pursuant to paragraph 2 as well as other available sources, including reports by relevant Union Agencies and bodies, international and non-governmental organisations. It shall issue a detailed annual analysis with recommendations to the European Parliament and Council, and shall publish a summary report of such analysis and its conclusion. | |
| 4. If the Commission, based on its analysis under paragraph 3, concludes that the functioning of the common system for returns is systematically obstructed for reasons not beyond the control of one or more Member States, it shall issue recommendations to the affected Member State or Member States and shall determine appropriate follow-up measures including, where appropriate, initiating infringement proceedings. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 45 | deleted |
| Frontex support | |
| 1. Member States may request that their competent authorities be assisted by experts deployed or supported by Frontex, including return liaison officers and other liaison officers, in accordance with Regulation (EU) 2019/1896. | |
| 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in line with the Union priorities in the area of return, readmission and reintegration, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349, the European Asylum and Migration Strategy pursuant to Article 8 of Regulation (EU) 2024/1351 and the priorities in the context of the regular assessment of readmission cooperation pursuant to Article 25a of Regulation (EC) 810/2009. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 45 | deleted |
| Frontex support | |
| 1. Member States may request that their competent authorities be assisted by experts deployed or supported by Frontex, including return liaison officers and other liaison officers, in accordance with Regulation (EU) 2019/1896. | |
| 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in line with the Union priorities in the area of return, readmission and reintegration, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349, the European Asylum and Migration Strategy pursuant to Article 8 of Regulation (EU) 2024/1351 and the priorities in the context of the regular assessment of readmission cooperation pursuant to Article 25a of Regulation (EC) 810/2009. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States may request that their competent authorities be assisted by experts deployed or supported by Frontex, including return liaison officers and other liaison officers, in accordance with Regulation (EU) 2019/1896. | 1. Member States may request that their competent authorities be assisted by experts deployed or supported by Frontex, including Frontex Fundamental Rights Officer, the Frontex Fundamental Rights Monitors, return liaison officers and other liaison officers, in accordance with Regulation (EU) 2019/1896. |
All the staff of Frontex should be available to the Member States when requesting Frontex deployment or support.
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States may request that their competent authorities be assisted by experts deployed or supported by Frontex, including return liaison officers and other liaison officers, in accordance with Regulation (EU) 2019/1896. | 1. Member States may request that their competent authorities be assisted by experts deployed or supported by Frontex in accordance with Regulation (EU) 2019/1896. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in line with the Union priorities in the area of return, readmission and reintegration, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349, the European Asylum and Migration Strategy pursuant to Article 8 of Regulation (EU) 2024/1351 and the priorities in the context of the regular assessment of readmission cooperation pursuant to Article 25a of Regulation (EC) 810/2009. | 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in accordance with Regulation (EU) 2019/1896. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in line with the Union priorities in the area of return, readmission and reintegration, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349, the European Asylum and Migration Strategy pursuant to Article 8 of Regulation (EU) 2024/1351 and the priorities in the context of the regular assessment of readmission cooperation pursuant to Article 25a of Regulation (EC) 810/2009. | 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in accordance with Regulation (EU) 2019/1896. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in line with the Union priorities in the area of return, readmission and reintegration, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349, the European Asylum and Migration Strategy pursuant to Article 8 of Regulation (EU) 2024/1351 and the priorities in the context of the regular assessment of readmission cooperation pursuant to Article 25a of Regulation (EC) 810/2009. | 2. Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in line with the Union priorities in the area of return, readmission the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349, the European Asylum and Migration Strategy pursuant to Article 8 of Regulation (EU) 2024/1351 and the priorities in the context of the regular assessment of readmission cooperation pursuant to Article 25a of Regulation (EC) 810/2009. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 46 | deleted |
| Support for return and reintegration | |
| 1. Member States shall establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. | |
| 2. Member States shall ensure that information about return and reintegration is also provided prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable. | |
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | |
| 4. Reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. | |
| 5. The assistance provided through the programmes for return and reintegration shall reflect the level of cooperation and compliance of the third-country national and may decrease over time. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: | |
| a. the cooperation of the third-country national concerned during the return and readmission procedure, as provided for in Article 21; | |
| b. whether the third country national is returning voluntarily, or is subject to removal; | |
| c. whether the third-country national is a national of a third country listed in Annex II to Regulation (EU) 2018/1806; | |
| d. whether the third country national has been convicted of a criminal offence; | |
| e. whether the third-country national has specific needs by reason of being a vulnerable person, minor, unaccompanied minor or part of a family. | |
| 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance. |
| Text proposed by the Commission | Amendment |
|---|---|
| Support for return and reintegration | Support for return |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. | 1. Member States may establish return counselling structures to provide third-country nationals with information and guidance about their return. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. | 1. Member States shall establish independent and impartial return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. | 1. Member States shall establish independent and impartial return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. | 1. Member States shall ensure availability of return and reintegration counselling to provide, where relevant, third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. | 1. Member States may establish return and reintegration counselling structures to provide third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that information about return and reintegration is also provided prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that information about return and reintegration is also provided prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that information about return and reintegration is also provided prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable. | 2. Member States may provide information about return and reintegration prior to issuing the return decision. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that information about return and reintegration is also provided prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable. | 2. Member States may provide information about return and reintegration prior to issuing the return decision. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall ensure that information about return and reintegration is also provided prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable. | 2. Member States may provide information about return and reintegration prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable. |
Support for return and reintegration should not be provided as the general rule, as third-country nationals staying irregularly are under the obligation to cover their own return costs, with assistance to be granted only where they lack the necessary means. Moreover, in certain cases, assistance for voluntary return, and in particular reintegration support, may create a pull factor for irregular migration.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States may establish national programmes for supporting the return and reintegration supported or financed at the Union or national level. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States may establish national programmes for supporting the return may make use of the programmes provided by the Union. National programmes and assistance provided by the Union shall consist of logistical and other material or in-kind assistance or incentives, provided to a third-country national. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States shall ensure the availability of return and reintegration programmes, supported or financed at national or Union level. Such programmes shall include logistical, financial, or other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States shall, as a general rule, make use of the return and reintegration programmes provided by the Union. They may, where necessary, establish national programmes for supporting return and reintegration. Assistance under both Union and national programmes may include logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. |
Support for return and reintegration should not be provided as the general rule, as third-country nationals staying irregularly are under the obligation to cover their own return costs, with assistance to be granted only where they lack the necessary means. Moreover, in certain cases, assistance for voluntary return, and in particular reintegration support, may create a pull factor for irregular migration.
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States shall ensure the availability of return and reintegration programmes, supported or financed at the national or Union level. Such programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States may establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States shall establish national programmes for supporting the voluntary return and reintegration and may make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. | 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of transfer, provided to a returnee. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. National programmes shall include the provision of adequate information by Member States on conditions in countries of return, appropriate transfer of care for persons in vulnerable situations and arrangements of family custody for unaccompanied and separated children, and mechanisms for the appropriate transfer of legal assistance and access to justice and redress mechanisms, including measures to ensure access to justice after return to a third country. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. | deleted |
It is not specified that reintegration assistance is a right. Member States should be encouraged to provide reintegration assistance as often as possible, as this helps to ensure sustainable returns.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. | 4. Return and reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. |
Support for return and reintegration should not be provided as the general rule, as third-country nationals staying irregularly are under the obligation to cover their own return costs, with assistance to be granted only where they lack the necessary means. Moreover, in certain cases, assistance for voluntary return, and in particular reintegration support, may create a pull factor for irregular migration.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. | 4. Return and reintegration assistance shall not be an individual right and shall not constitute a prerequisite for the readmission procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure. | 4. Return and reintegration assistance shall not be an individual right and shall not constitute a prerequisite for the readmission procedure. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The assistance provided through the programmes for return and reintegration shall reflect the level of cooperation and compliance of the third-country national and may decrease over time. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: | 5. The assistance provided through the programmes for return and reintegration shall take into account: |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The assistance provided through the programmes for return and reintegration shall reflect the level of cooperation and compliance of the third-country national and may decrease over time. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: | 5. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The assistance provided through the programmes for return and reintegration shall reflect the level of cooperation and compliance of the third-country national and may decrease over time. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: | 5. The assistance provided through the programmes for return and reintegration may decrease over time. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: |
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The assistance provided through the programmes for return and reintegration shall reflect the level of cooperation and compliance of the third-country national and may decrease over time. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: | 5. The assistance provided through the programmes for return shall be minimal and shall depend on the level of cooperation and compliance of the third-country national. The following criteria shall be taken into account when determining the kind and extent of the return assistance: |
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 |
|---|---|
| 5. The assistance provided through the programmes for return and reintegration shall reflect the level of cooperation and compliance of the third-country national and may decrease over time. The following criteria shall be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: | 5. The assistance provided through the programmes for return and reintegration shall be strictly linked to the level of cooperation and compliance of the third-country national and may be reduced or withdrawn. The following criteria may be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: |
| Text proposed by the Commission | Amendment |
|---|---|
| a. the cooperation of the third-country national concerned during the return and readmission procedure, as provided for in Article 21; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| a. the cooperation of the third-country national concerned during the return and readmission procedure, as provided for in Article 21; | a. The individual circumstances of the case; |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| a. the cooperation of the third-country national concerned during the return and readmission procedure, as provided for in Article 21; | a. Whether the returnees has deliberately obstructed the return and readmission procedure; |
Member States should be encouraged to provide return counselling and reintegration assistance, not provided with multiple excuses to not give such counselling and assistance. Serious non-cooperation where the return procedure has been deliberately obstructed by the returnee could give rise to consideration of the level of assistance.
| Text proposed by the Commission | Amendment |
|---|---|
| b. whether the third country national is returning voluntarily, or is subject to removal; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| b. whether the third country national is returning voluntarily, or is subject to removal; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| b. whether the third country national is returning voluntarily, or is subject to removal; | deleted |
Return counselling is even more important when the returnee does not want to accept the return decision. It is counterproductive to reduce return counselling in such cases.
| Text proposed by the Commission | Amendment |
|---|---|
| c. whether the third-country national is a national of a third country listed in Annex II to Regulation (EU) 2018/1806; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| c. whether the third-country national is a national of a third country listed in Annex II to Regulation (EU) 2018/1806; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| d. whether the third country national has been convicted of a criminal offence; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| d. whether the third country national has been convicted of a criminal offence; | deleted |
Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada
| Text proposed by the Commission | Amendment |
|---|---|
| d. whether the third country national has been convicted of a criminal offence; | deleted |
It is very hard to see the link between a conviction for a criminal offence (however minor that may be) and return counselling. If the EU and the Member States seriously want to improve the rate of return, they needs to prioritise actions that make returns effective and sustainable, not find reasons not to take such actions.
| Text proposed by the Commission | Amendment |
|---|---|
| d. whether the third country national has been convicted of a criminal offence; | d. whether the third country national has been convicted of a civil or criminal offence; |
| Text proposed by the Commission | Amendment |
|---|---|
| e. whether the third-country national has specific needs by reason of being a vulnerable person, minor, unaccompanied minor or part of a family. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| e. whether the third-country national has specific needs by reason of being a vulnerable person, minor, unaccompanied minor or part of a family. | e. whether the third-country national has specific needs by reason of being a vulnerable person, minor, unaccompanied minor or part of a family, LGBTIQ+, lone women, or other situations. |
| Text proposed by the Commission | Amendment |
|---|---|
| ea. whether the third-country national is unable to cover the costs of return by his or her own means; |
Support for return and reintegration should not be provided as the general rule, as third-country nationals staying irregularly are under the obligation to cover their own return costs, with assistance to be granted only where they lack the necessary means. Moreover, in certain cases, assistance for voluntary return, and in particular reintegration support, may create a pull factor for irregular migration. I therefore propose complementing the criteria set out in Article 46(5), which guide decisions on the nature and level of return and reintegration support, by adding new criteria related to the financial situation of the third-country national and the risk of creating a pull factor for irregular migration. This is particularly relevant for Member States with external borders. Alternatively, Article 46(5) should make clear that the list of criteria is not exhaustive. Furthermore, the Regulation should not oblige Member States to establish additional national programmes; they should have the possibility, where appropriate, to rely solely on Union programmes.
| Text proposed by the Commission | Amendment |
|---|---|
| ea. additional criteria in accordance with national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| ea. additional criteria under national law. |
| Text proposed by the Commission | Amendment |
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| eb. whether there is a risk of irregular migration occurring as a result of the assistance granted; |
Support for return and reintegration should not be provided as the general rule, as third-country nationals staying irregularly are under the obligation to cover their own return costs, with assistance to be granted only where they lack the necessary means. Moreover, in certain cases, assistance for voluntary return, and in particular reintegration support, may create a pull factor for irregular migration. I therefore propose complementing the criteria set out in Article 46(5), which guide decisions on the nature and level of return and reintegration support, by adding new criteria related to the financial situation of the third-country national and the risk of creating a pull factor for irregular migration. This is particularly relevant for Member States with external borders. Alternatively, Article 46(5) should make clear that the list of criteria is not exhaustive. Furthermore, the Regulation should not oblige Member States to establish additional national programmes; they should have the possibility, where appropriate, to rely solely on Union programmes.
| Text proposed by the Commission | Amendment |
|---|---|
| ec. additional criteria under national law. |
Support for return and reintegration should not be provided as the general rule, as third-country nationals staying irregularly are under the obligation to cover their own return costs, with assistance to be granted only where they lack the necessary means. Moreover, in certain cases, assistance for voluntary return, and in particular reintegration support, may create a pull factor for irregular migration. I therefore propose complementing the criteria set out in Article 46(5), which guide decisions on the nature and level of return and reintegration support, by adding new criteria related to the financial situation of the third-country national and the risk of creating a pull factor for irregular migration. This is particularly relevant for Member States with external borders. Alternatively, Article 46(5) should make clear that the list of criteria is not exhaustive. Furthermore, the Regulation should not oblige Member States to establish additional national programmes; they should have the possibility, where appropriate, to rely solely on Union programmes.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance. | 6. The assistance referred to in this Article shall, as a general rule, not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. Member States and the Union may derogate from this general rule in order to support the immediate return of a third-country national. Member States, the Union and Frontex shall ensure coherence and coordination on reintegration assistance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance. | 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance, including through the regular exchange of information on the beneficiaries of such assistance. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance. | 6. The assistance referred to in this Article may not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance. | 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance. | 6. Member States may choose not to grant the assistance referred to in this Article to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance. |
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 |
|---|---|
| 6a. No reintegration assistance shall be granted to third-country nationals who pose a security risk pursuant to Article 16. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 46a | |
| Annual Assessment and Classification of Third Countries | |
| 1. By 1 April of each year, the Commission shall publish a public report containing a comprehensive assessment of the cooperation of each relevant third country on readmission, based on the data and information gathered pursuant to Article 48. The report shall calculate the 'return acceptance rate' for each country, defined as the percentage of third-country nationals effectively returned out of the total number of enforceable return decisions for which readmission was requested. | |
| 2. On the basis of the report referred to in paragraph 1, the Commission shall, by 1 May of each year, adopt an implementing act classifying each third country into one of the following categories: | |
| (a) Category A+: Countries with a return acceptance rate of 90 % or higher. | |
| (b) Category A: Countries with a return acceptance rate of 75 % or higher, but less than 90 %. | |
| (c) Category B: Countries with a return acceptance rate of 50 % or higher, but less than 75 %. | |
| (d) Category C: Countries with a return acceptance rate of 25 % or higher, but less than 50 %. | |
| (e) Category D: Countries with a return acceptance rate of less than 25 %. | |
| 3. The implementing act referred to in paragraph 2 shall be adopted in accordance with the examination procedure referred to in Article 49(2). It shall be published in the Official Journal of the European Union. | |
| 4. The classification of a third country in a specific category shall have automatic and immediate effect from the date of publication of the implementing act, triggering the application of the corresponding measures set out in Article 46b. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 46b | |
| Methodology for Calculation and Reallocation of Suspended Funds | |
| 1. The Commission shall adopt an implementing act laying down a detailed methodology for the calculation of financial resources suspended as a consequence of the measures applied under Article 46b. That implementing act shall be adopted within six months of the entry into force of this Regulation. | |
| 2. The methodology shall establish common criteria for the Union and the Member States to identify and quantify suspended funds. It shall cover, as a minimum: | |
| (a) Funds from Union-level financing agreements and development assistance instruments, including undisbursed commitments and cancelled future programming for the countries concerned. | |
| (b) Funds from Member States' bilateral development assistance and financing agreements, ensuring a consistent approach to valuing suspended projects and programmes. | |
| (c) Any other identifiable budgetary resources from suspended partnerships or agreements that have a direct financial component. | |
| (d) The methodology shall focus on direct budgetary expenditure and shall not include calculations of indirect economic impacts, such as customs revenue from suspended preferential tariffs. | |
| 3. Each year, following the publication of the implementing act referred to in Article 46a(2), Member States shall, in accordance with the methodology referred to in paragraph 1 of this Article, calculate and report the total amount of their suspended funds to the Commission within three months. | |
| 4. The Commission shall consolidate the data reported by the Member States with the amount of suspended Union funds. Based on this consolidation, the Commission shall determine the total amount of suspended funds and make this figure public. The total amount of suspended funds determined in accordance with paragraph 4 shall be made available and reallocated according to the following principles: | |
| (a) Fifty percent of the total amount shall be directed to support new development, partnership, and good governance projects in third countries classified in Category A+. The Commission shall prioritise projects aimed at migration management and sustainable economic development. | |
| (b) Fifty percent of the total amount shall be allocated to the relevant Union instruments for border management, primarily the Border Management and Visa Instrument (BMVI), with the objective of reinforcing the operational capacity of the European Border and Coast Guard Agency (Frontex) and supporting Member States' actions in the management of the external borders. | |
| 5. The reallocation of funds under this Article shall be implemented in full compliance with the principles of the Union budget and the relevant provisions of the Financial Regulation. The Commission shall adopt the necessary budgetary decisions or propose any necessary budgetary transfers to give effect to this provision. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 46c | |
| Consequences of Classification | |
| 1. Third countries classified in Category A+ or A shall not be subject to the measures under this Article. | |
| 2. For a third country classified in Category B, the following measures shall apply at the Union level: | |
| (a) The Commission shall suspend the conclusion of new financing agreements for development assistance projects funded from the Union budget with the government of that country and its public bodies. | |
| (b) The Union shall, in accordance with the legal framework of its existing agreements, initiate the necessary procedures to suspend them. | |
| (c) Any preferential market access granted by the Union under the Generalised Scheme of Preferences (GSP, or GSP+) shall be suspended. | |
| (d) Any visa-free travel arrangement granted by the Union shall be suspended. | |
| 3. In the case of a third country classified in Category B, Member States may, based on their own assessment, decide to take corresponding measures at the national level, including the suspension of new or existing bilateral development assistance and financing agreements. | |
| 4. For a third country classified in Category C, in addition to the measures laid down in paragraph 2, the following measures shall apply: | |
| (a) The Commission shall, in accordance with the procedure laid down in Article 25a of Regulation (EC) No 810/2009 (Visa Code), propose to the Council the temporary suspension of the application of certain provisions concerning the issuance of short-stay visas to nationals of that country. | |
| (b) The Commission shall initiate a procedure to determine whether the imposition of punitive tariffs or other trade restrictions is warranted and legally feasible. | |
| 5. For a third country classified in Category D, in addition to the measures laid down in paragraphs 2 and 4, the following shall apply: Upon the publication of the implementing act classifying a country in Category D, the High Representative of the Union for Foreign Affairs and Security Policy and the Commission shall, without delay, submit a joint proposal to the Council for a Decision to adopt comprehensive restrictive measures against that country pursuant to Article 215 of the Treaty on the Functioning of the European Union. These measures shall include, but are not limited to, an asset freeze, a travel ban on designated individuals, a prohibition on the transfer of funds, and severe trade restrictions such as import or export bans. | |
| 6. The Union shall include in all future trade and partnership agreements a clause allowing for their suspension or the imposition of tariffs if the third country is classified in Category C or D. | |
| 7. The Union institutions, bodies, offices, and agencies shall take all necessary legal and administrative measures to ensure the full and immediate implementation of the Union-level consequences set out in this Article. | |
| 8. Nothing in this Article shall be interpreted as preventing a Member State from issuing a visa on humanitarian grounds or providing humanitarian aid. |
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 2016 - 2375 - 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-781177. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-781177 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/LIBE-AM-781177 (CC BY 4.0).
BibTeX
@misc{epw-text-libe-am-781177,
author = {{European Parliament}},
title = {{AMENDMENTS 2016 - 2375 - 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-781177}},
url = {https://news.eu-parl.st-solutions.dev/texts/LIBE-AM-781177},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId LIBE-AM-781177. Data: EP Open Data API: document record (CC BY 4.0)}
}