Changes from report parliamentary committee draft to plenary report

Addedb. detained in accordance with Article 29(3), point (c);

Addedc. detained in prisons and, where possible, be kept separated from ordinary prisoners;

Addedd. subject to detention for a period that exceeds the maximum duration referred to in Article 32(3) and that is determined by a judicial authority taking into account the circumstances of the individual case, and that is subject to a review by a judicial authority at least every three months.

Added4. By way of derogation from the provisions of Article 28(2) and (3), the enforcement of a return decision issued to a third-country national falling within the scope of this Article shall not be suspended unless there is a risk to breach the principle of non-refoulement.

Added4a. Member States may rely on an existing thorough assessment of all relevant circumstances carried out by the competent authorities at previous stages, including in the context of asylum, visa, border control or screening procedures.

AddedReturn to a third country with which there is an agreement or arrangement

Added1. Return within the meaning of Article 4, first paragraph, point (3)(g) of illegally staying third-country nationals requires an agreement or arrangement to be concluded by the Union or one or more Member States with a third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.

Added2. An agreement or arrangement pursuant to paragraph 1 shall set out the following:

Addeda. the procedures applicable to the transfer of illegally staying third-country nationals from the territory of the Member States to the third country referred to in paragraph 1;

Addedb. 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 and of that third country;

Addedc. ▌

Addedd. the obligations of the third country referred to in the second sentence of paragraph 1;

Addede. ▌

Addedf. the consequences to be drawn in case of violations of the agreement or arrangement or significant change adversely impacting the situation of the third country.

Added2a. Where an agreement or arrangement pursuant to paragraph 1 sets out the modalities of onward return to a country of return referred to in Article 4(3) the agreement or arrangement shall, in addition to paragraph 2, set out the following:

Added(a) the consequences in case onward return is not possible;

Added(b) the respective obligations and responsibilities of the Member State or the Union and of that third country;

Added(c) the consequences to be drawn in case of a significant change adversely impacting the situation of the third country;

Added(d) an independent body or mechanism to monitor the effective application of the agreement or arrangement.

AddedThe agreement or arrangement pursuant to the first subparagraph may include the conditions for detention in the third country.

Added3. Prior to concluding an agreement or arrangement pursuant to paragraph 1, with a third country that shares a common border with those Member States. Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with paragraph 1, prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. The Commission and the other Member States shall also be informed of any subsequent changes to, or the termination of, such agreements or arrangements.

Added4. Unaccompanied minors ▌shall not be returned to a third country referred to in paragraph 1.

AddedBest interests of the child

AddedThe best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.

AddedAge assessment of minors

AddedWhere, 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 and medical 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.

AddedWhere there are reasonable grounds to consider that a person claiming to be a minor may pose a threat to public order or national security, the competent authorities shall ensure that the age assessment procedure is conducted as a matter of priority and without undue delay, in full respect of the principles of necessity and proportionality.

AddedThe competent authority may rely on previous age assesment conducted in previous states of the return or other relevant procedures. A Member State may recognise age assessment decisions taken by other Member States where the age assessments were carried out in compliance with Union law.

AddedA refusal to undergo an age assesment, including the medical examination shall not prevent the determining authority from taking a decision on the age of the third-country national.

AddedReturn of unaccompanied minors

Added1. ▌ Assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.

Added2. A representative or a person designated to safeguard the best interest of the child shall be appointed 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 is appropriately trained in child-friendly and age-appropriate communication and that they speak a language that the minor understands or may reasonably be presumed to understand. 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.

Added3. The unaccompanied minor shall be heard, either directly or through the representative or trained person 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 in the country of return.

AddedObligation to cooperate

Added1. Third-country nationals shall comply with the obligation to leave the territory of the Member States and they shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return and readmission procedures and comply with the obligation to leave the territory of the Member States. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of Article 5, without undue delay.

Added2. Third-country nationals shall:

Addeda. remain available to the authorities on the territory of the Member State competent for the return procedure of which the third-country national is the subject and not abscond to another Member State;

Addedaa not physically obstruct the enforcement of the return;

Addedb. provide, ▌without undue delay, all information and physical and digital documentation, including copies and electronic records necessary for establishing or verifying identity or otherwise relevant within the return and readmission procedure that they possess;

Addedc. not destroy or otherwise dispose of such documents, use aliases with fraudulent intent, provide other false information in an oral or written form, mislead the authorities or withold relevant information, provide forged documents or otherwise fraudulently oppose the return or readmission procedure;

Addedd. provide an explanation in case they are not in possession of an identity or travel document;

Addede. provide information on the third countries transited, the travel routes used, or other third countries with which he or she may have a connection or through which he or she may have transited;

Addedf. provide biometric data as defined in Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council;

Addedg. provide, when requested by the comptetent authorities precise contact details, including current place of residence, address, telephone number where they may be reached and, where available, an electronic mail address;

Addedh. provide, without undue delay, information on any changes to the contact details referred to in point (g);

Addedi. comply with any measure imposed under Articles 23 and 31 throughout the return and readmission procedures, and in particular appear for the departure for the transportation for return;

Addedj. provide all required information and statements in the context of requests lodged with the competent authorities of relevant third countries for the purpose of obtaining travel documents and cooperate with these authorities of third countries, as necessary;

Addedk. when necessary, appear in person or ▌by means of videoconference, before the competent national and third-country authorities at the location indicated by such authorities where necessary to establish his or her nationality and to acquire travel documents;

Addedl. where required by competent authorities, participate in return and reintegration counselling;

Addedla comply with other relevant additional measures in relation to return under national law.

AddedObligations imposed upon the third-country national under this Article shall be without prejudice to obligations and measures not related to return provided for under national law.

Added3. The information and ▌documentation or, where not available, copies thereof, referred to in paragraph 2, point (b), shall include in particular the third-country nationals’ statements and any documentation in their possession regarding:

Addeda. their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless;

Addedb. their family members and other personal details of the third-country national if relevant for carrying out the return or readmission procedure or for the determination of the country of return;

Addedc. the type, number, period of validity and issuing country of any identity or travel document of the third-country nationals and other documents provided by them which the competent authority deems relevant for the purposes of identifying them, for carrying out the return or readmission procedure and for the determination of the country of return;

Addedd. any residence permits or other authorisation offering the third-country nationals a right to stay issued by another Member State or by a third country;

Addede. any return decision, removal order or entry ban issued by another Member State;

Addedf. country or countries and place or places of previous residence, travel routes, countries transited and travel documentation.

Added4. Where the competent authorities decide to retain any document necessary for the purpose of preparing return as referred to in paragraph 2, point (b), they shall ensure that the third-country national immediately receives photocopies or other appropiate proof of retention of the documents▌. In the context of return pursuant to Article 13, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.

Added5. The third-country national shall accept any communication from the competent authorities, ▌using the most recent contact details indicated by himself or herself to the competent authorities ▌. Member States shall either establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Union for the purpose of such communication.