Changes from report parliamentary committee draft to plenary report

Added1. The third-country national subject to a return decision shall be removed when:

RemovedArticle 38 – paragraph 1 a (new): 1a. Notwithstanding the information exchange referred to in paragraph 1, Member States shall make use of all appropriate means of cooperation and of exchanging information to implement this Regulation.

Addeda. the third-country national is refusing to cooperate with the authorities during the return process;

RemovedArticle 38 – paragraph 2: 2. In such cases, the exchange of information shall be carried out at the request of a Member State and shall only take place between Member States’ competent authorities.

Addedb. the third-country national moves to another Member State without authorisation, including during the period set in accordance with Article 13;

RemovedArticle 38 – paragraph 3: deleted

Addedc. the third-country national falls within the scope of Article 16;

RemovedArticle 38 – paragraph 4: deleted / (deleted)

Addedd. the third-country national has not left the territory of Member States by the date set in accordance with Article 13;

RemovedArticle 38 – paragraph 6 – introductory part: 6. The information referred to in paragraph 1 shall include in particular:

Addedda. The competent authorities consider that removal is necessary and proportionate, in accordance with national law, for reasons other than those listed in points (a) to (d).

RemovedArticle 38 – paragraph 6 – point a: a. 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;

Added2. Member States' competent authorities may issue a separate administrative or judicial decision in writing ordering the removal.

RemovedArticle 38 – paragraph 6 – point b: b. information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358;

Added2a. Member States shall determine the country of return, as referred to in Article 4(3), prior to carrying out the removal. Where a country of removal has not previously been determined in the return decision or where the country of removal differs from the country designated in the return decision, the Member State shall notify the third country national in accordance with the national law of the Member State concerned.

RemovedArticle 38 – paragraph 6 – point c: c. information related to the nationality and the travel document(s) of the third-country national;

Added3. ▌In the event that a third-country national indicates or the authorities of the Member State become aware that the removal would breach the principle of non-refoulement, the competent authorities shall refer the third-country national to the appropiate procedure, including the asylum procedure in accordance with Regulation (EU) 2024/1348, where applicable, or assess, in accordance with national law, whether the removal is in compliance with the the principle of non-refoulement. Member States may rely on an existing thorough assessment of all relevant circumstances in previous stages of the procedure and, where relevant, the asylum procedure. ▌The third-country national concerned shall bring forward as soon as possible any relevant elements concerning his or her own personal circumstances in order to substantiate the claim that the execution of the return decision would expose them to a concrete and individual risk of serious harm in the country of return.

RemovedArticle 38 – paragraph 6 – point f: f. information related to the return operation of the third-country national;

Added4. Coercive measures taken to ensure removal shall be necessary and proportionate and shall, in any case, not exceed the threshold of reasonable force. They shall be implemented in accordance with national law respecting fundamental rights and with due respect for the dignity and physical integrity of the third-country national concerned.

RemovedArticle 38 – paragraph 6 – point g: g. information related to the reintegration of the third-country national;

Added5. In carrying out removals by air, Member States shall take into account the common guidelines on security provisions for joint removals by air set out in the Annex to Council Decision 2004/573/EC.

RemovedArticle 38 – paragraph 8: 8. The information exchanged shall be used only for the purposes set out in paragraph 1. In each Member State such information shall, 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.

Added6. ▌Nothing in this article shall prevent Member States from permitting or facilitating voluntary return of a third country national. In such cases, competent authorities shall closely monitor the compliance of the third-country national, including by organising transport assistance to the relevant point of departure from the Union.

RemovedArticle 40 – title: Transfer of data to third countries relating to criminal convictions of third-country nationals for the purposes of readmission

RemovedArticle 40 – paragraph 1 – point b: deleted

RemovedArticle 40 – paragraph 4 a (new): 4a. Transfers to third countries of data relating to criminal convictions of third-country nationals shall be subject to a strict necessity test and shall not lead to handing down or executing a death penalty or any form of cruel and inhuman treatment.

RemovedArticle 42 – paragraph 1 – point c: c. the necessary resources and sufficient competent personnel in Member States for the implementation of this Regulation;

RemovedArticle 42 – paragraph 1 – point d: d. digital systems for managing the return and readmission of third-country nationals;

RemovedArticle 42 – paragraph 1 – point f: f. Financial support by the Union and operational support by the Union bodies, offices and agencies, in particular the support of Frontex, pursuant to Article 43(4), and in line with their respective mandates.

RemovedArticle 42 – paragraph 2: 2. The Union and the Member States shall identify common priorities in the field of return, readmission and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349., the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) 810/2009 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission. / (deleted)

RemovedArticle 42 – paragraph 3: 3. The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, taking into account their shared interest in the effective functioning of the Union’s asylum and migration management policies.

RemovedArticle 43 – paragraph 2: 2. Each Member State shall allocate the necessary resources to competent authorities, including appropriately trained staff who received guidance to fulfil their obligations set out in this Regulation as well as sufficient resources for developing fully-fledged digital systems for managing the return, readmission and reintegration of third-country nationals pursuant to Article 42 (1d).

RemovedArticle 43 – paragraph 3: 3. Member States shall ensure sufficient human and financial resources to provide alternatives to detention as well as a sufficient level of detention capacity taking into account actual needs and expected returns in the next 12 months, particularly for the purpose of well-prepared systems and contingency planning pursuant to Article 7 of Regulation (EU) 2024/1351.

RemovedArticle 44 – paragraph 1 – point c: c. leading or supporting the policy dialogue and exchanges with the authorities of third countries for the purpose of facilitating readmission where this is not possible by the enforcing Member State;

RemovedArticle 44 – paragraph 1 – point d: d. contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document where this is not possible by the enforcing Member State;

RemovedArticle 44 – paragraph 1 – point e: e. organising, on behalf of the requesting Member State, where this is not possible by the enforcing Member State, the practical arrangement for the enforcement of return;

RemovedArticle 45 – paragraph 1: 1. Member States shall request that their competent authorities be assisted by experts deployed or supported by Frontex, including return liaison officers and other liaison officers, in accordance with Regulation (EU) 2019/1896.

RemovedArticle 46 – paragraph 2: 2. Member States shall ensure that information about return and reintegration is also provided prior to issuing the return decision, in particular when Article 37 of Regulation (EU) 2024/1348 is applicable, to ensure that third-country nationals are aware of their obligations to cooperate.

RemovedArticle 46 – paragraph 3: 3. Member States shall establish national programmes for supporting the return and reintegration and shall, as a general rule, make use of the programmes provided by the Union. National programmes and reintegration assistance provided by the Union shall consist of logistical, financial and other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national. Reintegration counselling shall be available for third-country nationals who cooperate with the competent authorities as referred to in paragraph 5.

RemovedArticle 46 – paragraph 5 – point b: b. whether the third country national is returning voluntarily;

RemovedArticle 46 – paragraph 5 – point d: d. whether the third country national has been convicted of a criminal offence, in which case the third country national shall not be entitled to reintegration support.

RemovedChapter VIII a (new): Chapter VIIIa / Article 46a / Amendments to Regulation (EU) 2019/1896 / Regulation (EU) 2019/1896 is amended as follows: / (1) in Article 10(1), point (o) is replaced by the following: / ‘(o) Set up the European Monitoring Mechanism for Removals pursuant to Article 51’; / (2) Article 51 is replaced by the following: / ‘Article 51 European Monitoring Mechanism for Removals / 1. In order to monitor respect for fundamental rights during removal, the Agency shall establish a centralised European Monitoring Mechanism for Removals under the management of the fundamental rights officer. / 2. The European Monitoring Mechanism for Removals shall be composed of a dedicated secretariat and a pool of independent Agency forced-return monitors replacing the existing pool of forced-return monitors. The European Monitoring Mechanism for Removals shall be competent to carry out forced-return monitoring activities in accordance with Article 15 of [this amending Regulation]. Forced-return monitors with specific expertise in child protection shall be included in the pool. / 3. The Agency shall ensure appropriate human and financial means to ensure that the European Monitoring Mechanism for Removals may effectively carry out its tasks. / 4. The forced-return monitors shall be subject to the Staff Regulations and the Conditions of Employment and shall be independent in the performance of their duties. / 5. FRA shall issue general guidance and shall be regularly consulted on the functioning of the …

RemovedArticle 47 – paragraph 1: 1. 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 longer periods for judicial review and to take urgent measures in respect of the conditions of detention derogating from those set out in Articles 34(1) and 35(2).

RemovedArticle 48 – paragraph 1 – point c a (new): ca. number of cases where Frontex did not support in the return or removal procedure and the reasons why.

RemovedArticle 52 – paragraph 1 a (new): Article 9(1) shall apply from one year from the date of entry into force of this Regulation.

RemovedArticle 52 – paragraph 1 b (new): Member States may apply Article 9(1) prior to the date referred to in paragraph 1a of this Article.