Changes from report parliamentary committee draft to plenary report

RemovedArticle 21 – paragraph 2 a (new): 2a. To ensure swift, efficient and effective return, third-country nationals shall, for the duration of the return procedure, remain on the territory of the Member State referred to in paragraph 2, point (a), and be subject to one or more of the following measures: / a. allocation to a geographical area within the Member State’s territory in which they are able to move freely; / b. residence at a specific address; / c. reporting to the competent authorities at a specified time or at reasonable intervals. / This paragraph shall apply only to the extent that it is compatible with the specific needs of vulnerable persons and the best interests of the child. / Decisions taken pursuant to points (b) and (c), shall be made in writing and in accordance with Article 24, shall be proportionate and shall take into account the specific circumstances of the third-country national concerned.

Added(12) ‘readmission instrument’ means a legally binding or non-binding instrument, containing provisions on the cooperation between a Member State or the Union and a third country on the readmission procedure, such as readmission or other international agreements and arrangements;

RemovedArticle 21 – paragraph 2 b (new): 2b. With regard to the information and documentation required pursuant to paragraph 3, competent authorities may suspend the requirement upon the request of the third-country national. A decision to suspend the requirement shall be taken objectively and impartially on the merits of the individual case. In the event of a negative decision, reasons shall be provided in accordance with Article 24.

Added(13) ‘other authorisation offering a right to stay’ means any document issued by a Member State to a third-country national authorising the stay on its territory, which is not a residence permit within the meaning of Article 2, point 16, of Regulation (EU) 2016/399 or a long-stay visa within the meaning of Article 2, point 14, of Regulation (EU) 2018/1860 and with the exception of the document referred to in Article 6 of Directive (EU) 2024/1346 of the European Parliament and of the Council.

RemovedArticle 21 – paragraph 2 c (new): 2c. The third-country national shall not be required to request permission to attend appointments with authorities and courts if the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments.

AddedFundamental rights

RemovedArticle 22 – paragraph 1 – point 4: deleted

AddedWhen applying this Regulation, Member States shall act in 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.

RemovedArticle 22 – paragraph 1 – point 5: deleted

Added▌

RemovedArticle 22 – paragraph 1 – point 6: deleted

AddedIssuance of a return decision

RemovedArticle 23: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added1. A return decision shall be issued to any third-country national staying illegally on their territory by competent authorities of the Member States imposing the obligation to leave the territory of the Member States, without prejudice to the exceptions referred to in Article 8.

RemovedArticle 23 has been integrated into Article 21.

Added2. The return decision shall be issued in writing and give reasons in fact and in law as well as information about available legal remedies and time-limits to seek those remedies. The return decision shall be notified to the third-country national as soon as possible in accordance with the national law of the Member State concerned. Where the whereabouts of the third-country national are unknown, the return decision shall be considered duly notified in accordance with national law.

RemovedArticle 24 – paragraph 1 – point a: a. the purpose, duration and steps of the return procedure as well as information on the available legal remedies, including assistance and representation, and the time-limits to seek those remedies;

Added3. Competent authorities may decide not to provide or may decide to limit the information on reasons in fact, where national law provides for the right to information to be restricted or where it is necessary to safeguard public order, public security or national security and for the prevention, investigation, detection and prosecution of criminal offences. In such cases, the third-country national shall be informed of the essence of the grounds on which a return decision is taken for the purpose of access to an effective remedy.

RemovedArticle 24 – paragraph 1 – point b: b. the rights and obligations of third-country nationals during the return procedure as set out in Article 21, the consequences of non-compliance pursuant to Article 22, the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;

Added4. When a country of return cannot be determined on the basis of the information available to the competent authorities at the time of issuing the return decision, a return decision may indicate provisionally none, one or more countries of return.

RemovedArticle 24 – paragraph 2: 2. The information provided shall be given without undue delay in simple and accessible language and in a language which the third-country national understands or is reasonably supposed to understand, including through written or oral translation and interpretation as necessary. That information shall be provided by means of standard information sheets, either in paper or in electronic form. In the case of minors, the information shall be provided in a child-friendly and age-appropriate manner with the involvement of the holder of parental responsibility or the representative referred to in Article 20(2). / The Commission shall provide a visual explanation in leaflets for those who cannot read. Those leaflets shall be drawn up in such a manner so as to enable Member States to complete them with additional information specific to the Member State concerned and shall take into account the specificities of vulnerable applicants such as minors or disabled persons.

Added4a. The country of return may be determined either in the return decision or after the issuance of the return decision, in the removal order referred to in Article 12(2).

RemovedArticle 24 – paragraph 2 a (new): 2a. The third-country national shall be given the opportunity to confirm that he or she has received the information.

Added4b. Where a third-country national decides to return voluntarily to a country of return other than that specified in the return decision, the issuance of a new decision determining the country of return is not required.

RemovedArticle 25 – paragraph 1: 1. In the case of an appeal or a review before a judicial authority in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that free legal assistance and representation is made available as necessary to ensure the right to an effective remedy and fair trial. Such assistance shall not affect any assistance provided for under Regulation (EU) 2024/1348.

Added5. The third-country national shall, upon request, be provided with a written or oral translation of the main elements of the return decision, as referred to in paragraph 2, including information on the available legal remedies in a language the third-country national understands or may reasonably be presumed to understand. For that purpose, the competent authorities may, where appropriate, rely on standardised translation templates or machine-assisted translation tools.

RemovedArticle 25 – paragraph 3: deleted

Added6. The return decision pursuant to paragraph 2 shall be issued in the same act or in a separate act at the same time and together with the decision ending a legal stay of a third-country national, without affecting the procedural safeguards provided for under Chapter IV and other relevant provisions of Union and international law.

RemovedArticle 25 – paragraph 4: 4. Free legal assistance and representation shall be provided by legal advisers or other suitably qualified persons, as admitted or permitted under national law, whose interests do not conflict with those of the third-country national.

Added7. Upon issuance of the return decision, its main elements shall be inserted into the form (‘European Return Order’) established pursuant to paragraph 8 and shall be made available through the Schengen Information System in accordance with Regulation (EU) 2018/1860 or through information exchange pursuant to Article 38.

RemovedArticle 25 – paragraph 7 – point a: a. impose monetary or time limits on the provision of free legal assistance and representation, provided that such limits are not arbitrary and do not unduly restrict access to free legal assistance and representation;

Added8. The Commission shall adopt an implementing act to establish the form of the European Return Order referred to in paragraph 7. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 49(2).

RemovedArticle 25 – paragraph 7 – point b: b. request total or partial reimbursement of the costs incurred where the third-country national’s financial situation has considerably improved during the return procedure or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the third-country national, to which end third-country nationals are immediately to inform the competent authorities of any significant change in their financial situation;

Added9. This Article shall not affect Member States’ decisions to grant at any moment an autonomous residence permit, long-stay visa or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third-country national staying illegally on their territory. In such cases, an issued return decision shall be withdrawn or suspended for the duration of the validity of the residence permit, long-stay visa or other authorisation offering a right to stay.

RemovedArticle 25 – paragraph 7 – point c: c. provide that, as regards access, fees and other costs and reimbursements, the treatment of third-country nationals shall be equal to, but not more favourable than, the treatment generally given to their nationals in matters pertaining to legal assistance.

Added10. The Member State that issues a return decision in accordance with this Article shall take all necessary measures in accordance with this Regulation to ensure effective return.

RemovedArticle 25 – paragraph 8: 8. Member States shall lay down specific procedural rules governing the manner in which requests for free legal assistance and representation are filed and processed, or apply existing rules for domestic claims of a similar nature, provided that those rules are not more restrictive or do not render access to free legal assistance and representation excessively difficult or impossible.

AddedExceptions from the obligation to issue a return decision

RemovedArticle 26 – paragraph 1: 1. The third-country national concerned shall be afforded an effective remedy to challenge the decisions referred to in Article 7, Article 10 and Article 13(2) before a competent judicial authority.

Added1. Competent Member States authorities may decide not to issue a return decision in one of the following cases where the third-country national is:

RemovedArticle 26 – paragraph 3: deleted

Addeda. transferred to another Member State in accordance with the procedure provided for in Article 23a of Regulation (EU) 2016/399;

RemovedArticle 27 – paragraph 2: 2. Time limits referred to in paragraph 1 shall start to run from the date when any of the decisions referred to in Article 7, Article 10 and Article 12(2) are notified to the third-country national, notably when the third-country national concerned has absconded.

Addedb. transferred to another Member State pursuant to bilateral agreements or arrangements or based on cooperation between Member States in accordance with Article 44;

RemovedArticle 27 – paragraph 4: 4. Where an entry ban or a removal order is issued together with a return decision as referred to in Article 7, it shall be appealed against jointly with that return decision, before the same judicial authority and within the same judicial proceedings and the same time limits. Where an entry ban is issued separately from the return decision or is the only decision to be challenged, it may be appealed against separately. The time limits to bring such separate judicial proceedings shall be the same as those laid down in case where the entry ban is jointly appealed against with the return decision.

Addedc. a person whose illegal stay is detected in connection with border checks carried out at exit at the external border in accordance with Article 8 of Regulation (EU) 2016/399 or equivalent checks pursuant to national law, ▌ and avoiding as much as possible to postpone the departure of the third-country national concerned.

RemovedArticle 28 – title: Effects of an appeal

Added2. A return decision shall not be issued in cases where the third-country national is holding a valid residence permit, a long-stay visa or other authorisation offering a right to stay issued by another Member State ▌.

Change 8

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Change 9

RemovedArticle 28 – paragraph 2: 2. A judicial authority shall have the power to decide, following an examination of both facts and points of law, whether or not the enforcement of the return decision should be suspended pending the outcome of the remedy.

Added4. A return decision shall not be issued in cases where the third-country national is the subject of an enforceable return decision issued by another Member State. In this case, the procedure described in Article 9 shall apply.

RemovedArticle 28 – paragraph 3: 3. Where a further appeal against a first or subsequent appeal decision is lodged, the enforcement of a return decision shall not be suspended unless the third-country national requests suspension again and a competent judicial authority decides to grant it, taking due account of the specific circumstances of the individual case.

AddedRecognition and enforcement of return decisions issued by another Member State

RemovedArticle 29: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added1. The Member State where the third-country national is illegally staying (‘enforcing Member State’) may recognise an enforceable return decision and, where relevant, a removal order issued to that third-country national by another Member State (‘issuing Member State’) pursuant to Article 7(1) and Article 12(2), based on the European Return Order referred to in Article 7(7), and it shall on this basis order the removal pursuant to Article 12.

RemovedThe order of the Articles 29, 30, 31 was changed to reflect the procedural sequence of the application of detention, prioritising the use of alternatives to detention. The new order is: risk of absconding, alternatives to detention, grounds of detention.

Added2. By 1 July 2027, the Commission shall adopt an implementing decision for the application of paragraph 3, based on an assessment of whether the legal and technical arrangements put in place by the Member States to make available the European Return Order through the Schengen Information System referred to in Article 7(7) are effective. The Commission shall inform the European Parliament and the Council of the results of its assessment. The implementing decision shall be adopted in accordance with the procedure referred to in Article 49(2).

RemovedArticle 30 – paragraph 1 – point b: b. the third-country national is subject to a return decision or removal order issued by a Member State other than the one on the territory of which the person is currently staying illegally, including as detected through the alerts entered in the Schengen Information System pursuant to Regulation (EU) 2018/1860;

Added2a. Member States shall not be required to take administrative decisions or acts for the purposes of recognition. The recognition need not take the form of an administrative procedure.

RemovedArticle 30 – paragraph 1 – point c: c. non-compliance with the measures pursuant to Article 21(3).