Sittings · Document

Draft report (COM(2025)0101 – 2025/0059(COD)) 2025-12-01

Establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC

Committee on Civil Liberties, Justice and Home Affairs

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AM_Com_LegReport

Amendment 2376

Mélissa Camara

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

Article 47

deleted

Emergency situations

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 periods for judicial review longer than those provided for in Article 33(3) and to take urgent measures in respect of the conditions of detention derogating from those set out in Articles 34(1) and 35(2).

2. When resorting to such exceptional measures, the Member State concerned shall inform the Commission without delay. It shall also inform the Commission as soon as the reasons for applying these exceptional measures have ceased to exist.

3. Nothing in this Article shall be interpreted as allowing Member States to derogate from their general obligation to take all appropriate measures, whether general or particular, to ensure fulfilment of their obligations under this Regulation.

Or. en

Amendment 2377

Estrella Galán

Proposal for a regulation

Article 47

Text proposed by the Commission

Amendment

Article 47

deleted

Emergency situations

Or. en

Amendment 2378

François-Xavier Bellamy, Lukas Mandl, Alice Teodorescu Måwe, Sander Smit, Loránt Vincze, Lena Düpont, Tomas Tobé, Rasa Juknevičienė, Jeroen Lenaers, Karlo Ressler

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 2379

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

An emergency situation should not justify further curtailing the rights of returnees to seek judicial review but should require MS to triage on who really needs to be detained and who does not.

Amendment 2380

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Amendment 2381

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 47 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The Member States authorities have obligations laid down in this Regulation. The Article provides for a derogation from some specific obligations in specific circumstances. It does not suggest nor does it permit generalised non-fulfilment of obligations.

Amendment 2382

Mélissa Camara

Proposal for a regulation

Article 48 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. number of third-country nationals subject to recognised return decisions issued by another Member State;

a. number of return decisions issued;

Or. en

Amendment 2383

Estrella Galán

Proposal for a regulation

Article 48 – paragraph 1 – point a

Text proposed by the Commission

Amendment

a. number of third-country nationals subject to recognised return decisions issued by another Member State;

a. number of return decisions issued;

Or. en

Amendment 2384

Estrella Galán

Proposal for a regulation

Article 48 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

ca. average duration of detention and the number of persons subject to detention who exceed this average.

Or. en

Amendment 2385

Tomáš Zdechovský

Proposal for a regulation

Article 48 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

ca. number of cases where Frontex did not support in the return or removal procedure and the reasons why.

Or. en

Amendment 2386

Murielle Laurent, Ana Catarina Mendes, Emma Rafowicz, Matjaž Nemec, Marco Tarquinio, Francisco Assis, Cecilia Strada

Proposal for a regulation

Article 48 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

ca. number of third country nationals whose detention period has reached the maximum permitted period.

Or. en

Amendment 2387

Nadine Morano

Proposal for a regulation

Article 48 – paragraph 2

Text proposed by the Commission

Amendment

2. The data communicated shall be disaggregated by age, sex and citizenship. The data shall relate to the reference period of one quarter. Member States shall supply to the Commission (Eurostat) data for three calendar months constituting one quarter within two months of the end of each quarter. The first reference period shall be [second quarter following entry into application of this Regulation].

2. The data communicated shall be disaggregated by age, sex, citizenship, country of origin and country of transit. The data shall relate to the reference period of one quarter. Member States shall supply to the Commission (Eurostat) data for three calendar months constituting one quarter within two months of the end of each quarter. The first reference period shall be [second quarter following entry into application of this Regulation].

Or. fr

Amendment 2388

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 48 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall communicate to Frontex on a monthly basis the following data, as well as the corresponding datasets, regarding each third country:

deleted

a. number of readmission applications submitted;

b. number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests;

c. number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents;

d. number of beneficiaries of reintegration assistance broken down by third-country.

Frontex shall grant the Commission access to the data referred to in this paragraph.

Or. en

Amendment 2389

Estrella Galán

Proposal for a regulation

Article 48 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall communicate to Frontex on a monthly basis the following data, as well as the corresponding datasets, regarding each third country:

deleted

a. number of readmission applications submitted;

b. number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests;

c. number of requests for issuance of travel documents, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents;

d. number of beneficiaries of reintegration assistance broken down by third-country.

Or. en

Amendment 2390

Cecilia Strada, Marco Tarquinio, Alessandro Zan

Proposal for a regulation

Article 48 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Frontex shall grant the Commission access to the data referred to in this paragraph.

Frontex shall grant the Commission access to the data referred to in this paragraph. Upon request from the European Parliament, the Commission shall make available the data within 21 days.

Or. en

Amendment 2391

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 48 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall systematically collect the following data concerning the cooperation of each third country on readmission:

(a) the number of readmission applications submitted;

(b) the number of positive and negative replies received to requests for confirmation of nationality;

(d) the number of travel documents issued by the third country for return purposes and the number of requests refused;

(e) the number of effective returns carried out to that country, disaggregated by forced and voluntary returns.

Or. en

Amendment 2392

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 48 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. The Commission shall be empowered to adopt an implementing act in accordance with the Committee procedure in Article 49 to establish a common methodology and a standardised format for the collection and reporting of the data referred to in paragraph 3a, in order to ensure that the data is harmonised, complete, and comparable across the Union.

Or. en

Amendment 2393

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 48 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Member States shall communicate the data referred to in paragraph 3a to the Commission and to the European Border and Coast Guard Agency (Frontex) on a quarterly basis.

Or. en

Amendment 2394

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 48 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3c. The Commission, with the assistance of Frontex, shall compile and analyse the data submitted by Member States under paragraph 3a and other relevant information, including from Union liaison officers and Union Delegations, for the purpose of the annual assessment referred to in Article 46a.

Or. en

Amendment 2395

Mélissa Camara

Proposal for a regulation

Article 48 – paragraph 4

Text proposed by the Commission

Amendment

4. The data referred to in paragraphs 1 and 3, disaggregated by Member State, may be communicated to third countries for the purposes of monitoring the implementation of, and compliance with, the principle of readmission, including in the framework of Union readmission instruments.

deleted

Or. en

Amendment 2396

Estrella Galán

Proposal for a regulation

Article 48 – paragraph 4

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 2397

Murielle Laurent

on behalf of the S&D Group

Proposal for a regulation

Article 48 a (new)

Text proposed by the Commission

Amendment

Article 48a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt the delegated act referred to in Article 7 shall be conferred on the Commission for a period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the exercise of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be extended tacitly for periods of identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

3. The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making .

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Justification

In light of the delegated act proposed in Article 7.

Amendment 2398

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission

Amendment

1. By [date] and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Regulation in the Member States and shall, where appropriate, propose amendments.

1. 1. By [date - 2 years after the entry into force], and every two years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation. This report shall include a comprehensive evaluation of the effectiveness of this Regulation, and shall, where necessary and appropriate, be accompanied by a legislative proposal to amend or extend its application.

Or. en

Amendment 2399

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission

Amendment

1. By [Five years after the entry into force of this Regulation] and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Regulation in the Member States and shall, where appropriate, propose amendments.

Or. en

Amendment 2400

Mary Khan

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission

Amendment

1. By [date] and every two years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation in the Member States and shall, where appropriate, propose amendments.

Or. en

Amendment 2401

Mélissa Camara

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission

Amendment

1. By [date] and every two years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Regulation in the Member States and shall, where appropriate, propose amendments.

Or. en

Amendment 2402

Estrella Galán

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission

Amendment

1. By [date] and every two years thereafter, the Commission shall report to the European Parliament and to the Council on the application of this Directive in the Member States and shall, where appropriate, propose amendments.

Or. en

Amendment 2403

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall, at the request of the Commission, send it the necessary information for drawing up its report no later than nine months before the time limit expires.

2. Member States shall, at the request of the Commission, send it the necessary information, if available, for drawing up its report pursuant to paragraph 1 no later than nine months before the time limit expires. The Commission shall, where possible, make use of the information made available under Regulation (EC) 862/2007 of the European Parliament and of the Council.

Or. en

Amendment 2404

Marieke Ehlers

on behalf of the PfE Group

Proposal for a regulation

Article 50 a (new)

Text proposed by the Commission

Amendment

Article50a

Application and Expiry

1. This Regulation shall apply from [date - e.g., two years after entry into force].

2. This Regulation shall expire on [date - 5 years after the date of application].

3. The expiry of this Regulation shall not affect the repeal of the Directives and the Decision referred to in Article 51.

4. The Commission shall, when necessary and appropriate, and in particular when this Regulation has shown its effectiveness, submit a legislative proposal to amend paragraph 2 of this Article in order to extend the application of this Regulation.

5. Member States shall take the necessary measures to ensure that, in the event this Regulation expires without an extension of its application, a national legal framework governing return procedures is in place to prevent a legal vacuum.

Or. en

Amendment 2405

Estrella Galán

Proposal for a regulation

Article 51 – paragraph 1

Text proposed by the Commission

Amendment

1. Directive 2008/115/EC is repealed for the Member States bound by this Regulation. Directive 2001/40/EC and Council Decision 2004/191/EC are repealed with effect from the publication of the implementing decision referred to in Article 9(2) for the Member States bound by this Regulation.

1. Directive 2008/115/EC is repealed for the Member States bound by this Directive. Directive 2001/40/EC and Council Decision 2004/191/EC are repealed with effect from the publication of the implementing decision referred to in Article 9(2) for the Member States bound by this Directive.

Or. en

Amendment 2406

Charlie Weimers, Alessandro Ciriani, Assita Kanko

Proposal for a regulation

Article 52 – paragraph 1

Text proposed by the Commission

Amendment

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [six years from the date of entry into force]. However, Articles 4(3), 4(8), 10, 11, 16(1) and (3), 17, 21 to 21A, 23 to 23C, 29, 32 to 34, 37 and 43 shall apply from the entry into force.

Or. en

Amendment 2407

Malik Azmani

Proposal for a regulation

Annex I – subheading 1 a (new)

Text proposed by the Commission

Amendment

Annex 1a: European Return Order 1. Grounds for any return decision taken concerning the third-country national ...................................................................................................................................... 2. Date by which the third-country national shall leave the territory of the Member States ...................................................................................................................................... 3. Country or countries of return ..................................................................................................................................... 4. The third-country national can be returned to one of the countries in point 31a Yes/No 5. Information on the identity of the third-country national1b ...................................................................................................................................... 6. Is the correct biometric data of the third-country national available in the Schengen Information System (‘SIS’) and in accordance with Regulation (EU) 2024/1358 Yes/No 7. Travel documents available in SIS, necessary for the purposes of return Yes/No 8. The third-country national is subject to an entry ban Yes/No 9. The third-country national is the beneficiary of reintegration assistance Yes/No 10. The third-country national falls within the scope of Article 16 of the Return Regulation [EU 2025/0059] Yes/No 11. The third-country national has been detected with any vulnerabilities Yes/No If further information is necessary for the purpose of the return of the third-country national, please check the Schengen Information System.

_________________

1a Removal should be postponed when it would violate the principle of non-refoulement or when suspension of the return decision is in place.

1b This may consist of surname(s); forename(s); where appropriate, former name(s) and other name(s), alias(es), pseudonym(s); date, place and country of birth and sex.

Or. en

Amendment 2408

Malik Azmani

Proposal for a regulation

Annex I – subheading 1 b (new)

Text proposed by the Commission

Amendment

Annex 1 b: Readmission form (consisting of part 1 and/or part 2) Designation of requesting authority: Designation of requested authority: Place and date: Personal details (also mentioned in the other parts): Full name: Date and place of birth: Sex, photograph and physical description (height, colour of eyes, distinguishing marks etc.): Part 1: Request for confirmation of nationality (only need to be filled in when necessary and without repetition in part 2) Reference number: Interview request: Yes/No 1. Name at birth: 2. Father’s name, mother’s name: 3. Also known as (earlier names, other names used/by which known or aliases): 4. Nationality to be confirmed and language(s): 5. Where applicable type and number of previous travel document(s) issued to that third-country national: 6. Type and number of travel document (where available): 7. Did the person arrive with spouse and children? If yes, indicate details, if available. A. Personal details of spouse, if available 1. Full name (underline surname): 2. Maiden name: 3. Date and place of birth: 4. Sex and physical description (height, colour of eyes, distinguishing marks etc.): 5. Also known as (earlier names, other names used/by which known or aliases): 6. Nationality and language: B. Personal details of children, if available 1. Full name (underline surname): 2. Date and place of birth: 3. Sex and physical description (height, colour of eyes, distinguishing marks etc.): 4. Nationality and language: 5. Means of evidence attached, e.g.: - Expired passports, including photocopies of expired passport of any kind (national passports, diplomatic passports, service passports, and surrogate passports including children's passports) -Photocopies of valid passport -Laissez-passer (including expired and photocopies) issued by the requested State -Identity cards of any kind (including expired and photocopies and temporary and provisional ones) -Service books and military identity cards (including expired and photocopies) -Seaman's registration books and skippers' service cards (including expired and photocopies) -Citizenship certificates and other official documents that mention or clearly indicate citizenship (including expired and photocopies) -Confirmation of identity as a result of a search carried out in the Visa Information System in accordance with Regulation (EC) No 767/2008 of the European Parliament and of the Council (including photocopies) -Driving licenses or photocopies thereof -Birth certificates or photocopies thereof -Company identity cards or photocopies thereof -Statements by witnesses -Statements made by the person concerned and language spoken by him or her, including by means of an official test result -Any other document which may help to establish the nationality of the person concerned - Fingerprints 6. Observations and additional information, if available:

Or. en

Amendment 2409

Malik Azmani

Proposal for a regulation

Annex I – subheading 1 c (new)

Text proposed by the Commission

Amendment

Part 2: Request of issuance of a travel document (only need to be filled in when necessary and without repetition in part 1) 1. Nationality and language: 2. Where applicable, reference to the request for confirmation of nationality and the positive reply given by the requested State: 3. Means of evidence attached e.g.: -Expired passports of any kind (national passports, diplomatic passports, service passports, and surrogate passports including children's passports) -Expired laissez-passer issued by the Requested State, identity cards of any kind (including temporary, provisional ones and expired ones) -Service books and military identity cards, seaman's registration books and skippers' service cards, citizenship certificates and other official documents that mention or clearly indicate citizenship -Confirmation of identity as a result of a search carried out in the Visa Information System, or ETIAS; No., date and place of issue, issuing authority, expiry date 4. Special circumstances relating to the transferee relevant for the return operation: a. State of health (e.g. possible reference to special medical care; Latin name of contagious disease) b. Indication of particularly dangerous person (e.g. suspected of serious offence; aggressive behaviour) 5. Observations and additional information, if available:

Or. en