Changes from report parliamentary committee draft to plenary report

Added2b. Member States shall, at the request of the Commission, provide the information necessary for carrying out the assessment referred to in paragraph 2 of this Article, in particular statistics on the number of third-country nationals removed or returned on the basis of recognised return decisions and, where relevant, decisions ordering removal issued by another Member State within a specified period. The Commission shall, where possible, make use of the information made available pursuant to Regulation (EC) No 862/2007 of the European Parliament and of the Council.

RemovedArticle 30 – paragraph 2 – introductory part: 2. In cases not covered by paragraph 1, the risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances of the individual case. The following criteria may indicate a risk of absconding:

Added3. As of the publication of the implementing decision taken in accordance with paragraph 2, Member States shall recognise enforceable return decisions and, where relevant, removal orders, issued by other Member States pursuant to Article 7(1) and Article 12(2), to third-country nationals illegally present on their territory based on the European Return Order referred to in Article 7(7), and they shall order their removal in accordance with Article 12.

RemovedArticle 30 – paragraph 2 – point d: d. non-compliance with the obligation to cooperate with the competent authorities of the Member States at all stages of the procedures pursuant to this Regulation, as referred to in Article 21(2);

Added4. For the purposes of applying paragraph 3, a Member State may decide not to recognise or enforce a return decision of the issuing Member State where the enforcement is manifestly contrary to public policy in the enforcing Member State, where the return of the third-country national can be carried out in a more expeditious manner or where the third-country national is to be removed to a different third country than indicated in the return decision or removal order of the issuing Member State.

RemovedArticle 30 – paragraph 2 – point e: deleted

Added5. Where a Member State does not recognise or enforce a return decision or removal order pursuant to paragraph 1 or 3, that Member State shall issue a return decision in accordance with Article 7.

RemovedArticle 30 – paragraph 2 – point g: g. opposing the return procedure physically;

Added6. The enforcing Member State shall suspend the enforcement of return where the effects of the return decision or the removal order in the issuing Member State are suspended.

RemovedArticle 30 – paragraph 2 – point h: deleted

Added7. Where the issuing Member State suspends or withdraws the return decision or when the return decision is annulled by an administrative or judicial authority, the enforcing Member State shall issue a return decision subject to the conditions set out in Article 7.

RemovedArticle 31 – paragraph 1: 1. Member States shall provide for alternative measures to detention in national law. Such measures shall be ordered only where at least one of the grounds for detention listed in Article 31a(3) applies, taking into account the individual circumstances of the third-country national concerned, including any vulnerabilities, and be proportionate to the level of the risk of absconding assessed in accordance with Article 30.

Added8. Upon request, the issuing Member State shall provide the enforcing Member State with all available data and documents necessary for the purpose of enforcing the return decision or removal order, in accordance with Regulation (EU) 2018/1860 or based on exchange of information between Member States pursuant to Article 38.

RemovedArticle 31 – paragraph 2 – point c: c. the obligation to reside in a place designated by competent authorities as an alternative to custodial arrangements, with a particular focus on children, women and other vulnerable persons;

Added9. The enforcing Member State may ask Frontex to support the enforcement of the return decision in accordance with Chapter II, Section 8, of Regulation (EU) 2019/1896. When the enforcement of the return decision is not supported by Frontex, and upon request of the enforcing Member State, the issuing Member State shall compensate the enforcing Member State with an amount that shall not exceed the actual costs incurred by the enforcing Member State. The Commission shall adopt an implementing decision to determine the appropriate criteria for determining the amount and practical arrangements for the compensation. That implementing act shall be adopted in accordance with the procedure referred to in Article 49(2).

RemovedArticle 31 – paragraph 4: 4. Third-country nationals shall be notified of any decision to apply measures referred to in paragraph 2 of this Article and shall be informed about the consequence of non-compliance with that decision, including pursuant to Article 31a(3), point (e), and the legal remedies referred to in paragraph 5 of this Article.

Added10. The Commission decision referred to in paragraph 2 shall be published in the Official Journal of the European Union.

RemovedArticle 31 – paragraph 5: 5. Member States shall ensure that the decisions taken in accordance with paragraph 2 of this Article are reviewed as soon as possible by a judicial authority on application by the person concerned or ex officio.

AddedIssuance of an entry ban

RemovedArticle 31 a (new): Article 31a / Grounds for detention / 1. Member States may detain a third-country national pursuant to this Regulation on the basis of an individual assessment of each case and only in so far as detention is proportionate and as a measure of last resort. / 2. Member States may only keep in detention a third-country national for the purpose of preparing the return or carrying out the removal. / 3. A third-country national may only be detained based on one or more of the following grounds for detention: / a. risk of absconding determined in accordance with Article 30; / b. the third-country national avoids or hampers the preparation of the return or the removal process; / c. the third-country national poses security risks in accordance with Article 16; / d. to determine or verify his or her identity or nationality; / e. non-compliance with the measures ordered pursuant to Article 30. / 4. Those detention grounds shall be laid down in national law. / 5. Detention shall be ordered by administrative or judicial authorities. Detention shall be ordered by a written decision giving the reasons in fact and in law on which it is based as well as information about available legal remedies. The decision shall be notified to the third-country national in accordance to Article 24. / 6. When detaining a third-country national pursuant to paragraph 2, Member States shall take into account any visible signs, statements or behaviour related to, or made or shown by, the third-country national i…

Added1. Return decisions shall be accompanied by an entry ban when:

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.

Addeda. the third-country national is subject to removal in accordance with Article 12;

RemovedArticle 32 – paragraph 1: 1. Detention shall be maintained for as short a period as possible and for as long as the conditions laid down in Article 31a are fulfilled and it is necessary to ensure successful return.

Addedb. the obligation to leave the territory of the Member States has not been complied with within the time limits set in accordance with Article 13;

RemovedArticle 32 – paragraph 2: 2. When it appears that the conditions laid down in Article 31a are no longer fulfilled, detention shall cease to be justified and the third-country national shall be released. Such release shall not preclude the application of measures to prevent the risk of absconding in accordance with Article 31.

Addedc. the third-country national poses a security risk in accordance with Article 16.

RemovedArticle 32 – paragraph 3: 3. The detention shall not exceed 12 months in a given Member State. Detention may be extended for a period not exceeding a further six months in a given Member State where the return procedure is likely to last longer owing to a lack of cooperation by the third-country national concerned, or delays in obtaining the necessary documentation from third countries.

Added2. In cases other than those listed in paragraph 1, competent authorities shall determine whether or not a return decision or a removal order shall be accompanied by an entry ban taking into account relevant circumstances, in particular the level of cooperation of the third-country national.

RemovedArticle 33 – paragraph 3 – point a: a. any judicial review of the lawfulness of detention be concluded as speedily as possible after the beginning of the detention; or

Added3. The entry ban shall be issued as part of the return decision or as part of the decision ordering the removal or separately in writing. It shall be notified to the third-country national in a language that the third-country national understands or may reasonably be presumed to understand. For that purpose, competent authorities may, where appropriate, rely on standardised translation templates or machine-assisted translation tools.

RemovedArticle 33 – paragraph 3 – point b: 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. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings.

Added4. Competent authorities may impose an entry ban without issuing a return decision to a third-country national who has been illegally staying on the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, ▌ and avoiding as much as possible to postpone the departure of the third-country national concerned. Taking into account the specific circumstances of the individual case, Member States may impose an entry ban after the third-country national has departed from the territory.

RemovedArticle 34 – paragraph 3 a (new): 3a. The competent authority managing the detention facility shall ensure that detainees are provided with information about their right to contact legal representatives.

Added4a. Where an illegally staying third-country national departs from the territory of the Member States before a return decision is issued, the competent authorities may impose an entry ban without issuing a return decision.

RemovedArticle 34 – paragraph 5: 5. 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. Detention facilities shall allocate time and specific areas for the provision of such legal assistance. Lawyers or other suitably qualified persons to provide legal advice and representation, as admitted or permitted under national law, may establish permanencies at the facility.

Added4b. Where the grounds for issuing an entry ban have arisen after a return decision is issued, the competent authorities may impose an entry ban without issuing a new return decision.

RemovedArticle 34 – paragraph 6: 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 accordance with Article 24. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.

Added5. Competent authorities may refrain from issuing an entry ban in individual cases for humanitarian reasons, if the third-country national is a victim of human trafficking or if the third-country national duly cooperates with the competent authorities, including by enrolling in a return and reintegration programme.

RemovedArticle 35 – paragraph 1: 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. The best interests of the child shall be a primary consideration in the context of the detention of minors pending removal.

Added6. The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case ▌

RemovedArticle 35 – paragraph 2: 2. Families and unaccompanied minors detained in preparation for return shall be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, child friendly and facilities shall be adapted to take into account the needs of persons according to their age and gender, including appropriate hygiene, food, health services and other infrastructure.

Added7. ▌

RemovedArticle 36 – paragraph 1: 1. Upon issuance of an enforceable return decision, and notwithstanding Article 28, competent authorities with the support of Frontex shall, without undue delay initiate the readmission procedure. For readmission applications referred to in paragraph 2, the standard readmission form set out in Annex [II] shall be used.

Added7a Member States may impose a permanent entry ban on persons falling within the scope of Article 16(1), where this is justified and proportionate in view of the security risk posed by the third-country nationals.

RemovedAn Annex for the standard readmission form is to be added to this Regulation.

Added8. The period of the entry ban shall start from the date on which the third-country national left the territory of the Member States.

RemovedArticle 36 – paragraph 2: 2. When confirmation of nationality or a travel document needs to be obtained from the third country authorities, the competent authorities shall initiate the readmission procedure by submitting a readmission application and using the form set out in Annex [II].

AddedWithdrawal, suspension or shortening of the duration of an entry ban

RemovedArticle 36 – paragraph 3: 3. Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/195329.

Added1. An entry ban may be withdrawn, suspended or its duration shortened by the issuing Member State where the third-country national demonstrates that he or she has returned voluntarily in compliance with a return decision. ▌

RemovedArticle 36 – paragraph 6: deleted / (deleted) / (deleted)

Added2. An entry ban may also be withdrawn, suspended or its duration shortened in justified individual cases, including for humanitarian reasons, taking into account all relevant circumstances.

RemovedArticle 36 – paragraph 7: 7. The readmission procedure in third countries shall, whenever possible, 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.

Added3. The third-country national shall be afforded the possibility to request such withdrawal, suspension or shortening of the duration of an entry ban.

RemovedArticle 36 – paragraph 7 a (new): 7a. Any failure of third countries to cooperate for the purposes of readmission and reintegration of their nationals shall be assessed by the Commission as part of the annual assessment on the relations between the Union and the third countries such as on readmission cooperation under Article 25a of Regulation (EC) No 810/2009 of the European Parliament and of the Council1a. / 1a Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (OJ L 243, 15.9. 2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj).

Added3a. Member States may make the withdrawal of an entry ban conditional upon the reimbursement of the costs incurred for the removal of the third-country national.

RemovedArticle 37: deleted / (deleted) / (deleted) / (deleted)

AddedRemoval

RemovedArticle 38 – paragraph 1: 1. Member States shall, upon request, exchange information concerning a person falling within the scope of this Regulation, for the purpose of carrying out the return procedure, readmission procedure and providing reintegration assistance. / That information shall be exchanged only through the EU Information Systems referred to in Article 4(15) of Regulation (EU) 2019/8181a or through supplementary information in accordance with Regulation (EU) 2018/1860. / 1a 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).