Changes from report parliamentary committee draft to plenary report

Addeda) any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention, within a period provided for in national law; or

Addedb) 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 within a period provided for in national law. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings.

AddedDetention conditions

Added1. 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 in exceptional return situations.

Added2. Detained third-country nationals shall have access to open-air space. Access may be restricted for a limited period of time, if necessary and proportionate to ensure a well-functioning detention facility.

Added3. 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.

Added4. 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.

Added5. Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall, at the request of the third-country national 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. Member States may impose limits on such access by virtue of national law where such limits are objectively necessary for the security, public order or administrative management of the facility.

Added6. 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 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.

Added6a 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 period strictly necessary to manage the risk and facilitate their return.

AddedConditions for detention of unaccompanied minors and families with minors

Added1. 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.

Added2. Families with minors 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.

Added3. 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.

AddedReadmission procedure

Added1. Upon issuance of an enforceable return decision, ▌competent authorities, with the support of Frontex where applicable, shall where relevant and necessary systematically and without undue delay initiate the readmission procedure for the purpose of implementing a return decision or a removal order.

Added2. When a travel document needs to be obtained from the third country authorities, the competent authorities shall submit a readmission application ▌necessary for establishing identity, confirmation of nationality or to obtain travel documents. ▌

Added3. 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) 2016/1953.

Added4. 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.

Added5. 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.

Added5a Upon request of the competent authorities, Frontex may support the Member States in the readmission process, including through identification assistance, liaison officer networks and coordination with third-country authorities, in accordance with its mandate.

Added6. ▌

Addeda. ▌;

Addedb. ▌.

Added7. 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.

AddedCommunication with non-recognised third-country entities

Added1. 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.

Added2. 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.

Added2a. Any communication under this Article shall be 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.

AddedExternal dimension and cooperation with third countries

Added1. The Union and Member States shall ensure that the external dimension of return policy forms an integral part of the comprehensive apporach to migration management.

Added2. 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.

Added3. The coordinated use of all relevant Union policies and tools, including visa policy, trade, development and diplomatic instruments, shall be directly conditional on the level of cooperation on readmission, in order to support predictable and effective procedures with third countries.

Added4. 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.

Added5. 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.

AddedInformation sharing between Member States

Added1. Member States shall make use of all appropriate means of cooperation and of exchanging information to implement this Regulation.

Added2. The exchange of information shall be carried out at the request of a Member State and may only take place between Member States’ competent authorities.

Added3. 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.

Added4. 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 or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall be exchanged only through those means.

Added5. 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.

Added6. The information referred to in paragraph 3 may include in particular:

Addeda. 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; ▌

Addedb. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358; ▌

Addedc. information related to the nationality and the travel document(s) of the third-country national; ▌

Addedd. information related to the third-country national’s places of residence, routes travelled, languages spoken and contact details (electronic mail address(es) and phone number(s));

Addede. information on residence documents or visas issued by a Member State or a third country;

Addedf. information related to the return operation of the third-country national; ▌

Addedg. information related to the reintegration of the third-country national; ▌

Addedh. the grounds for any return decision, removal order and/or entry ban taken concerning the third-country national;

Addedi. information as to whether the third-country national was detained or alternatives to detention were applied to the individual;

Addedj. 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;

Addedk. information on vulnerability, health and medical needs of the third-country national;

Addedka. information on the cooperation of the third-country national in accordance with the obligations laid down in Article 21.

Added7. The requested Member State shall be obliged to reply as soon as possible and at the latest within two weeks Member States shall, upon request, transfer to each other the original travel documents of a third-country national where such documents are necessary to ensure return.

Added7a. A lack of response, an incomplete response or a 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.

Added8. 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.

AddedTransfer of data to third countries relating to third-country nationals for the purposes of return, readmission and reintegration

Added1. 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 and/or readmission procedure.

Added2. 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.