Changes from report parliamentary committee draft to plenary report

RemovedArticle 15 – paragraph 1: 1. In order to monitor respect for fundamental rights during removal, a centralised European Monitoring Mechanism for Removals shall be established within Frontex in accordance with Regulation (EU) 2019/1896.

Added1. This Regulation applies to third-country nationals staying illegally on the territory of the Member States.

RemovedArticle 15 – paragraph 2: 2. The European Monitoring Mechanism for Removals shall be competent to monitor all removals, including those not coordinated or financed by Frontex, and those directed to and from a third country with which there is an agreement pursuant to Article 17. The European Monitoring Mechanism for Removals shall select removals to monitor based on a risk assessment and shall conduct its activities on the basis of desk review and on-the-spot checks which may be unannounced. The monitoring shall cover the entirety of the removal, from the pre-departure phase until the handover of the returnees in the third country of return.

Added2. This Regulation shall not apply to persons enjoying the right of free movement under Union law, as defined in Article 2, point (5), of Regulation (EU) 2016/399.

RemovedArticle 15 – paragraph 3: 3. The European Monitoring Mechanism for Removals shall monitor compliance of removals with the principles and obligations set out in Article 5 and shall report on its findings, including any substantiated allegations of failure to respect fundamental rights during removal. Those findings shall be communicated to the competent national authority, the Frontex executive director, the Frontex fundamental rights officer, the Commission, and the European Union Fundamental Rights Agency. Member States shall ensure that any substantiated allegations of failure to respect fundamental rights during removals are dealt with effectively and shall without undue delay trigger, where necessary, investigations into such allegations.

AddedDerogations

RemovedArticle 15 – paragraph 3 a (new): 3a. The European Monitoring Mechanism for Removals shall monitor the progress of any action taken at national level in response to its monitoring and it shall have the power to issue annual recommendations to Member States.

Added1. Member States may derogate from the provisions of this Regulation for the following third-country nationals:

RemovedArticle 15 – paragraph 3 b (new): 3b. Member States shall inform the European Monitoring Mechanism for Removals in advance about upcoming removal operations and shall ensure access to all relevant locations and documents, in so far as such access is necessary to ensure that the requirements set out in this Article are fulfilled.

Addeda. those subject to a refusal of entry ▌in accordance with Article 14 of Regulation (EU) 2016/399;

RemovedArticle 15 – paragraph 3 c (new): 3c. The Commission shall take into account the findings of the European Monitoring Mechanism for Removals in its assessment of the effective application and implementation of the Charter in accordance with Article 15(1) of and Annex III to Regulation (EU) 2021/1060 of the European Parliament and of the Council1a. / 1a Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159, ELI: http://data.europa.eu/eli/reg/2021/1060/oj).

Addedb. those who are apprehended or intercepted by the competent authorities in connection with the illegal border crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State.

RemovedArticle 16 – paragraph 2: 2. Third-country nationals falling within the scope of this Article shall be subject to removal in accordance with Article 13a.

Addedba. third-country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, as defined in national law, or who are subject to an extradition procedure;

RemovedArticle 16 – paragraph 3 – point a: a. subject to an entry ban issued in accordance with Article 10;

Addedbb. third-country nationals posing security risks.

RemovedArticle 17 – title: Return to a third country with which there is an agreement

Added2. When Member States apply derogations pursuant to paragraph 1 of this Article, they shall rely on national law for the purpose of ensuring the return of these categories of third-country nationals and respect the principle of non-refoulement. The following Articles shall apply: Article 12(4) and Article 12(5), Article 14(2), Article 14(6), point (c), Article 14(6), point (e), Article 34 and Article 35.

RemovedArticle 17 – paragraph 1: 1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement to be concluded with a third country and shall only be considered for those who, despite adequate support, do not return voluntarily or cannot be forcibly returned to one of the other countries of return in accordance with the order of priority set out in Article 4(3).

Added2a. This Regulation does not affect the competences of the Member States to adopt other measures in accordance with Article 4(2) of the Treaty on European Union and Articles 72 and 347 of the Treaty on the Functioning of the European Union.

RemovedArticle 17 – paragraph 1 a (new): 1a. An agreement pursuant to paragraph 1 shall be concluded with a third country by a Member State or the Union. Such an agreement shall be in accordance with Article 5.

Added2b. This Regulation shall be without prejudice to the competence of Member States to provide, in accordance with their national law, for criminal sanctions in relation to the illegal stay of a third-country national. The application of such criminal sanctions shall not undermine, delay or otherwise impede the effective implementation of the return procedures and removal measures provided for in this Regulation.

RemovedArticle 17 – paragraph 2 – introductory part: 2. An agreement pursuant to paragraph 1 shall set out the following:

AddedDefinitions

RemovedArticle 17 – paragraph 2 – point b: b. the conditions for the stay of the third-country national in the third country referred to in paragraph 1, including the respective obligations and responsibilities of the Member State or the Union and of that third country;

AddedFor the purpose of this Regulation the following definitions shall apply:

RemovedArticle 17 – paragraph 2 – point d: d. the obligations of the third country referred to in paragraph 1a;

Added(1) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20 of the Treaty on the Functioning of the European Union and who is not a person enjoying the right of free movement under Union law, as defined in Article 2, point 5, of Regulation (EU) 2016/399;

RemovedArticle 17 – paragraph 2 – point e: e. an independent body or mechanism, with appropriate resources and means, to monitor the effective application of the agreement;

Added(2) ‘illegal stay’ means the presence, on the territory of a Member State, of a third-country national who does not fulfil, or no longer fulfils, the conditions of entry, as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in that Member State;

RemovedArticle 17 – paragraph 2 – point e a (new): ea. the monitoring of removals carried out pursuant to Article 15;

Added(3) ‘country of return’ means, without prejudice to the order in which they may apply, one of the following:

RemovedArticle 17 – paragraph 2 – point f: f. the consequences to be drawn in case of violations of the agreement or significant change adversely impacting the situation of the third country.

Added(a) a third country that is the country of origin of the third-country national;

RemovedArticle 17 – paragraph 3: 3. Prior to concluding an agreement pursuant to paragraph 1, Member States shall inform the Commission, the European Parliament and the other Member States.

Added(b) a third country that is the country of formal habitual residence of the third-country national;

RemovedArticle 19 – paragraph 1: Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake a multi-disciplinary assessment, including a psychosocial assessment, which shall be carried out by qualified professionals, to determine the third-country national’s age. Article 25 of Regulation (EU) 2024/1348 shall apply by analogy to such assessment. An age assessment carried out in previous administrative or judicial proceedings in any Member State may be considered sufficient for the purpose of determining the age of a third-country national who presents as a minor.

Added(c) a third country of transit on the way to the Union in accordance with Union or Member States' readmission agreements or arrangements;

RemovedArticle 20 – paragraph 1: deleted

Added(d) a third country, other than the one referred to in points (a) and (b) ▌, where the third-country national has a right to enter and reside;

RemovedArticle 20 – paragraph 2: 2. A representative shall be appointed without undue delay following the determination of a third-country national’s age pursuant to Article 19 to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative acts independently, is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands or works together with an interpreter or translator. That person shall be the person designated to act as a representative under Directive (EU) 2024/1346 where the person has been designated in accordance with Article 27 of that Directive. The competent authority may appoint a person trained to safeguard the interests of the child until a representative is appointed.

Added(e) a safe third country in relation to which the application for international protection of a third-country national has been rejected as inadmissible, pursuant to Article 59(8) of Regulation (EU) 2024/1348;

RemovedArticle 20 – paragraph 3: 3. The unaccompanied minor shall be heard, either directly or through the representative or trained person provisionally acting for the child until a representative is appointed referred to in paragraph 2, including in the context of the determination of the best interests of the child. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities are available in the country of return.

Added(f) the first country of asylum in relation to which the application for international protection of a third-country national has been rejected as inadmissible, pursuant to Article 58(4) of Regulation (EU) 2024/1348;

RemovedArticle 21 – title: Obligation to cooperate and availability during the return process

Added(g) a third country other than the ones referred to in points (a), (b) and (d),with which there is an agreement or arrangement on the basis of which the third-country national is accepted, in accordance with Article 17 of this Regulation.

RemovedArticle 21 – paragraph 1: 1. Third-country nationals shall respect their obligation to leave the territory of the Union pursuant to Article 7(1) and have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of this Regulation, without undue delay.

Added(4) ‘return decision’ means an administrative or judicial decision, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to leave the European Union;

RemovedArticle 21 – paragraph 2 – point a: a. remain available to the competent authorities on the territory of the Member State and not abscond in accordance with Article 21(3), and, in particular appear for the departure for the transportation for return;

Added(5) ‘removal’ means the enforcement of the return decision or a removal order by the competent authorities through the physical transportation out of the territory of the Member State;

RemovedArticle 21 – paragraph 2 – point c: c. not destroy or otherwise dispose of documents with the intent to obstruct the return or readmission procedure;

Added(6) ‘voluntary return’ means compliance by the illegally staying third-country national with the obligation to leave the territory of the Member States within the date set out in the return decision in accordance with Article 13 of this Regulation;

RemovedArticle 21 – paragraph 2 – point c a (new): ca. not use aliases with fraudulent intent, provide other false information orally, in writing or otherwise, with purpose of misleading authorities and fraudulently opposing lawful return or readmission;

Added(7) ‘absconding’ means the action by which the third-country national does not remain available to the competent administrative or judicial authorities ▌;

RemovedArticle 21 – paragraph 2 – point g: g. provide, when requested by the competent authorities, precise contact details, including current place of residence, address, telephone number where they may be reached and, where available, an electronic mail address;

Added(8) ‘entry ban’ means an administrative or judicial decision or act prohibiting entry into and stay on the territory of the Member States ▌;

RemovedArticle 21 – paragraph 2 – point i: deleted

Added(9) ‘readmission procedure’ means all steps conducted by a competent authority or, where relevant, by the European Border and Coast Guard Agency ('Frontex'), in relation to the confirmation of nationality of a third-country national, the issuance of a travel document for the third-country national and the organisation of a return operation;

RemovedArticle 21 – paragraph 2 – point l: deleted

Added(10) ‘readmission application’ means a request for the purpose of readmission submitted by a competent authority or supported by Frontex to a competent authority of a third country consisting of a request for confirmation of nationality and a request for issuance of a travel document, as relevant(11) ‘return operation’ means an operation that is organised or coordinated by a competent authority or supported by Frontex by which third-country nationals from one or more Member States are returned;