Changes from report parliamentary committee draft to plenary report

Added4. Return and reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure.

Added5. 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shall be strictly linked to the level of cooperation and compliance of the third-country national and may be reduced or withdrawn.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:

Addeda. the cooperation of the third-country national concerned during the return and readmission procedure, as provided for in Article 21;

Addedb. whether the third country national is returning voluntarily, or is subject to removal;

Addedc. whether the third-country national is a national of a third country listed in Annex II to Regulation (EU) 2018/1806;

Addedd. whether the third country national has been convicted of a criminal offence;

Addede. whether the third-country national has specific needs by reason of being a vulnerable person, minor, unaccompanied minor or part of a family.

Added6. 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.

AddedEmergency situations

Added1. In situations where an exceptionally large number of third-country nationals to be returned places an unforeseen heavy burden on the capacity of the detention facilities of a Member State or on its administrative or judicial staff, such a Member State may, as long as the exceptional situation persists, decide to allow for periods ▌longer than those provided for in Article 27(1), Article 33(3) and Article 38(7) and to take urgent measures in respect of the conditions of detention derogating from those set out in Articles 34(1) and 35(2).

AddedMember States may temporarily adjust administrative procedures and internal reporting requirements to expedite return operations, provided that such adjustments are strictly necessary to address the exceptional situation.

Added2. When resorting to such exceptional measures, the Member State concerned shall inform the Commission without delay. It shall also inform the Commission as soon as the reasons for applying these exceptional measures have ceased to exist.

Added3. Nothing in this Article shall be interpreted as allowing Member States to derogate from their general obligation to take all appropriate measures, whether general or particular, to ensure fulfilment of their obligations under this Regulation.

AddedStatistics

Added1. Without prejudice to Regulation (EC) 862/2007 of the European Parliament and of the Council, Member States shall communicate to the Commission (Eurostat) on a quarterly basis the following data:

Addeda. number of third-country nationals subject to recognised return decisions issued by another Member State;

Addedb. number of third-country nationals subject to alternative measures to detention;

Addedc. number of third country nationals subject to detention.

Added2. The data communicated shall be disaggregated by age, sex and citizenship. The data shall relate to the reference period of one quarter. Member States shall supply to the Commission (Eurostat) data for three calendar months constituting one quarter within two months of the end of each quarter. The first reference period shall be [second quarter following entry into application of this Regulation].

Added3. Member States shall communicate to Frontex on a monthly basis the following data, as well as the corresponding datasets, regarding each third country:

Addeda. number of readmission applications submitted;

Addedb. number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests;

Addedc. 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;

Addedd. number of beneficiaries of reintegration assistance broken down by third-country;

Addedda. number of effective returns carried out following a readmision procedure.

AddedFrontex shall grant the Commission access to the data referred to in this paragraph.

Added4. The data referred to in paragraphs 1 and 3, disaggregated by Member State, may be communicated to third countries for the purposes of monitoring the implementation of, and compliance with, the principle of readmission, including in the framework of Union readmission instruments.

Added4a. The Commission shall adopt implementing acts laying down the uniform format and technical specifications for the transmission of the data referred to in paragraphs 1 and 3, in order to ensure the comparability, consistency and harmonisation of the data collected. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

Added4b. The Commission may use the data and information collected pursuant to this Article, including the data transmitted to Frontex in accordance with paragraph 3, for the purposes of assessing the cooperation of third countries on readmission within the framework of Union instruments concerning migration management, including the annual assessment carried out pursuant to Article 25a of the Visa Code of Regulation (EC) No 810/2009.

AddedCommittee procedure

Added1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act, and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

AddedReporting

Added1. By [date] and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Regulation in the Member States and shall, where appropriate, propose amendments.

Added2. Member States shall, at the request of the Commission, send it the necessary information for drawing up its report no later than nine months before the time limit expires.

AddedRepeal

Added1. Directive 2008/115/EC is repealed for the Member States bound by this Regulation. Directive 2001/40/EC and Council Decision 2004/191/EC are repealed with effect from the publication of the implementing decision referred to in Article 9(2) for the Member States bound by this Regulation.

Added2. References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.

AddedEntry into force

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at Brussels,

AddedFor the European Parliament For the Council

AddedThe President The President

Added[...] […]