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Common system for the return of third-country nationals staying illegally in the Union (Return Regulation)

TA-10-2026-0207 · P10_TA(2026)0207 · PE779.352

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Parliament's amended version of the proposed regulation establishes a common system for returning third-country nationals staying illegally in the EU, replacing the 2008 Return Directive and related acts. It sets common procedures for return decisions, entry bans, removal, detention, and safeguards, and introduces a European Return Order for mutual recognition of return decisions among member states. It imposes obligations on the individual to cooperate and allows measures like detention and alternatives, with special rules for security risks, minors, and returns to third countries under agreements.

Key points

  1. A return decision must be issued to any illegally staying third-country national, stating a departure period not exceeding 30 days or immediate departure, extendable in individual cases.
  2. Return decisions may be recognised and enforced by other member states based on the European Return Order, with voluntary recognition initially and possible mandatory recognition later.
  3. Entry bans must accompany return decisions in cases of removal, non-compliance, or security risk, lasting up to 10 years, or up to 20 years for security reasons.
  4. Removal is required when the person does not leave voluntarily, does not cooperate, poses a security risk, or moves to another member state without authorisation.
  5. Removal must be postponed if it would violate non-refoulement or during suspension of the return decision, and may be postponed in other circumstances.
  6. Third-country nationals posing security risks may face longer entry bans, detention beyond 24 months, and detention in prisons, with priority processing of their cases.
  7. Returns to a third country under an agreement require that the country respects human rights and non-refoulement, and the agreement must set procedures, conditions, and monitoring.
  8. Third-country nationals must cooperate by providing identity documents, biometric data, and information, and must not obstruct return; non-compliance can lead to reduced benefits or other consequences.
  9. Detention is allowed only for return purposes, with grounds including absconding risk, security risk, or non-cooperation, and must not exceed 12 months, extendable to 24 months, with possible further extensions.
  10. Unaccompanied minors and families with minors may be detained only as a last resort, with separate accommodation and access to education and leisure.
  11. Member states must provide free legal assistance and an effective remedy before a court, with appeal periods not exceeding 14 days, and removal can be suspended by a court.
  12. Personal data may be shared between member states and transferred to third countries for return, readmission, and reintegration, subject to data protection rules and conditions for criminal and health data.

Who is affected

  • Third-country nationals staying illegally in the EU: subject to return decisions, entry bans, detention, and obligations to cooperate.
  • Member states' competent authorities: responsible for issuing return decisions, enforcing removals, and applying measures.
  • Unaccompanied minors and families with minors: special protections in detention and return procedures.
  • Third countries: may be subject to return agreements and readmission cooperation, with conditionality in visa, trade, and development policies.
  • Frontex and other EU agencies: support member states in return operations and data exchange.

Figures and deadlines

  • Departure period not exceeding 30 days, extendable in individual cases.
  • Entry ban maximum 10 years, or 20 years for security reasons.
  • Detention not exceeding 12 months, extendable to 24 months, with possible additional periods up to 6 months.
  • Appeal period not exceeding 14 days, or 30 days for member states with longer existing periods.
  • Detention review at least every six months, and every three months for unaccompanied minors.
  • Data transfer for criminal convictions: within previous 25 years for terrorist offences, 15 years for other offences.
  • Regulation applies from 12 months after entry into force, with some articles applicable from entry into force.

Legal basis: Article 79(2), point (c), of the Treaty on the Functioning of the European Union