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REPORT (COM(2016)0467/COM(2020)0611) – C9 0039/2024 – 2016/0224B(COD))

On the proposal for a regulation of the European Parliament and of the Council establishing a return border procedure, and amending Regulation (EU) 2021/1148

A-9-2024-0164

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Fabienne Keller

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Parliament's amended version of the Commission proposal sets up a return border procedure for third-country nationals and stateless persons whose asylum application was rejected in the asylum border procedure. They are not authorised to enter the territory and must reside for up to 12 weeks at locations at or near the external border or in transit zones. Detention may be continued or imposed under conditions, and in a crisis the residence period can be prolonged by up to six weeks. The text amends Regulation (EU) 2021/1148 to allow Union funding of solidarity actions, including up to 100% of eligible expenditure. It requires implementation plans and regular evaluation of how the regulation is applied.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs adopts Parliament's position at first reading, as set out in the amendments, and calls on the Commission to refer the matter to Parliament again if it substantially amends its proposal.

Key points

  1. The regulation applies to third-country nationals and stateless persons whose application was rejected in the asylum border procedure, and sets temporary rules for crisis situations.
  2. Such persons are not authorised to enter the territory and must reside for a period not exceeding 12 weeks at locations at or near the external border or in transit zones.
  3. The 12-week period starts when the person no longer has a right to remain and is not allowed to remain; conditions in the locations must meet standards equivalent to material reception conditions and healthcare.
  4. A period for voluntary departure may be granted only upon request, must not exceed 15 days, and does not confer a right to enter the territory; valid travel documents must be surrendered.
  5. Detention may be imposed only as a last resort after an individual assessment, and may continue or be imposed for persons who no longer have a right to remain, subject to conditions.
  6. Detention must be as short as possible and must not exceed the maximum period of the return border procedure; consecutive detention counts towards the maximum periods in Directive 2008/115/EC.
  7. In a crisis, Member States may prolong the maximum residence period by up to six weeks and extend detention accordingly.
  8. Organisations and persons permitted under national law to provide advice and counselling must have effective access to applicants held in detention facilities or present at border crossing points.
  9. Member States applying crisis derogations must inform the persons concerned, in a language they understand, about the measures applied and their duration.
  10. Regulation (EU) 2021/1148 is amended to define solidarity actions, allow financing by Member State and other contributions, and permit the Union contribution to be increased to 100% of eligible expenditure for such actions.
  11. The Commission must present a common implementation plan within three months of entry into force, and each Member State must establish a national implementation plan within six months and complete it by the first day of the twenty-fifth month after entry into force.
  12. The Commission must report on the application of the regulation two years from its date of application and every five years thereafter, and Member States must provide necessary information.

Who is affected

  • Third-country nationals and stateless persons whose asylum application was rejected in the asylum border procedure: they are subject to the return border procedure and cannot enter the territory.
  • Member States: they must apply the return border procedure, provide accommodation, and may use detention and crisis derogations.
  • Member States and other donors: they may provide financial contributions to the BMVI as external assigned revenue for solidarity actions.
  • The European Union Agency for Asylum: it must develop guidelines on alternatives to detention within six months of entry into force.
  • The Commission: it must present an implementation plan, monitor national plans, and report on the regulation's application.

Figures and deadlines

  • 12 weeks: maximum period for the return border procedure during which persons must reside at locations at or near the external border.
  • 15 days: maximum period for voluntary departure, granted only upon request.
  • six weeks: additional maximum period by which Member States may prolong the residence period in a crisis.
  • 100%: maximum Union contribution to total eligible expenditure for solidarity actions.
  • six months after entry into force: deadline for the European Union Agency for Asylum to develop guidelines on alternatives to detention.
  • three months after entry into force: deadline for the Commission to present a common implementation plan.
  • six months after entry into force: deadline for each Member State to establish a national implementation plan.
  • first day of the twenty-fifth month following entry into force: deadline for Member States to complete implementation of their national plans.

Legal basis: Article 294(2) and Articles 78(2)(d) and 79(2)(c) of the Treaty on the Functioning of the European Union.