HAVE ADOPTED THIS REGULATION:Chapter IGENERAL PROVISIONS

Article 1Subject matter1.This Regulation establishes a common system for the effective return of third-country nationals staying illegally on the territory of the Member States in accordance with fundamental rights recognised ▌ by the Charter of Fundamental Rights of the European Union (the 'Charter') and general principles of Union law, as well as applicable ▌ international obligations including on ▌ human rights.2.The objective of this Regulation is to enable Member States to take all necessary measures to ensure ▌ effective returns, taking into account the comprehensive approach as set out in Articles 3, Article 4, point (h), and Article 5, point (e), of Regulation (EU) 2024/1351.

Article 2Scope1.This Regulation applies to third-country nationals staying illegally on the territory of the Member States.2.This Regulation shall not apply to persons enjoying the right of free movement under Union law, as defined in Article 2, point (5), of Regulation (EU) 2016/399.3. This Regulation is without prejudice to the provisions of Regulations (EU) 2024/1351, 2024/1348 and 2024/1349.4. Without prejudice to paragraph 5 of this Article, this Regulation shall not apply to third-country nationals who:(a) are subject to a refusal of entry at external borders in accordance with Article 14 of Regulation (EU) 2016/399 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) (OJ L 77, 23.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/399/oj). or in accordance with equivalent national law in the case of Member States not bound by that Regulation;(b) are apprehended or intercepted by the competent authorities in connection with the illegal border crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State;(c) are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, according to national law;(d) are the subject of an extradition procedure.5. A Member State may decide to apply this Regulation to one or more of the categories of third country nationals referred to in paragraph 4, points (a), (b) and (c). In such cases, this Regulation shall apply to those categories of third-country nationals as from the date when the Member State notifies its decision to the other Member States and the Commission.6. When a Member State decides to apply this Regulation to third country nationals which are subject to return as a criminal law sanction, Articles 7, 9 and 10 shall not apply.7. With regard to third-country nationals that are excluded from the scope of this Regulation in accordance with paragraph 4, points (a) and (b), Member States shall ensure that their treatment and level of protection are no less favourable than as set out in Article 12(4) and (5), Article 14(2), Article 14(6), points (c) and (e), Article 34 (1) to (6), Article 35 and respect the principle of non-refoulement.▌2b. This Regulation applies without prejudice to the national criminal law of the Member States, and in particular provisions laying down effective, proportionate and dissuasive criminal penalties, including imprisonment, in relation to illegal stay, provided that the criminal procedure and the application of such penalties do not jeopardise the achievement of the effective returns.▌

Article 4DefinitionsFor the purpose of this Regulation the following definitions shall apply:(1)‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20 of the Treaty on the Functioning of the European Union and who is not a person enjoying the right of free movement under Union law, as defined in Article 2, point 5, of Regulation (EU) 2016/399;(2)‘illegal stay’ means the presence, on the territory of a Member State, of a third-country national who does not fulfil, or no longer fulfils, the conditions of entry, as set out in Article 6 of Regulation (EU) 2016/399 or equivalent conditions for entry, stay or residence in accordance with national law in the case of Member States not bound by that Regulation but who participate in this Regulation;(3)‘country of return’ means one of the following:(a)a third country that is the country of origin of the third-country national;(b)a third country that is the country of formal habitual residence of the third-country national;(c)a third country of transit on the way to the Union in accordance with Union or Member States' readmission agreements or arrangements;(d)a third country, other than the one referred to in points (a) and (b), where the third-country national has a right to enter and reside;(e)a safe third country in relation to which the application for international protection of a third-country national has been rejected as inadmissible, pursuant to Article 59(8) of Regulation (EU) 2024/1348 or, in the case of those Member States not bound by that Regulation, in accordance with corresponding provisions which they might have introduced in their national law;(f)the first country of asylum in relation to which the application for international protection of a third-country national has been rejected as inadmissible, pursuant to Article 58(4) of Regulation (EU) 2024/1348 or, in the case of those Member States not bound by that Regulation, in accordance with corresponding provisions which they might have introduced in their national law;(g)a third country, other than the one referred to in points (a), (b) and (d), with which there is an agreement or arrangement on the basis of which the third-country national is accepted, in accordance with Article 17 of this Regulation.(4)‘return decision’ means an administrative or judicial act or decision, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to leave the territory of the Member States;(4a) ‘return’ means the actions by which an illegally staying third-country national is:(a) voluntarily returning, as referred to in point 6; or (b) being removed by the competent authorities out of the Member States and to one of the countries of return defined in the decision ordering the removal or, as applicable, in the return decision.(4b) ‘decision ordering the removal’ means an administrative or judicial act or decision stating or declaring that the third-country national can be removed to one or more countries of return as referred to in point 3;(5)‘removal’ means the enforcement of the return decision or the decision ordering the removal by the competent authorities through ▌ physical transportation out of the ▌ Member States to a country of return;(6)‘voluntary return’ means departure of the territory of the Member States on his or her own, with or without assistance, and without resorting to removal, by an illegally staying third-country national complying with the obligation to leave within or after expiration of the voluntary departure period set out in the return decision;(7)‘absconding’ means the action by which the third-country national does not remain available to the competent administrative or judicial authorities▌; (8)‘entry ban’ means an administrative or judicial decision or act prohibiting entry into and stay on the territory of the Member States ▌;▌(11)‘return operation’ means an operation that is organised or coordinated by a competent authority or supported by the European Border and Coast Guard Agency (“Frontex”) by which third-country nationals from one or more Member States are returned;▌

Article 5Fundamental rightsWhen applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter, with relevant international law, with the obligations related to access to international protection, with the principle of non-refoulement, and with fundamental rights.

Chapter IIRETURN PROCEDURE▌Section 2Procedure ordering return

Article 7▌Return decision1.A return decision shall be issued to any third-country national staying illegally on their territory by competent authorities of the Member State stating or imposing the obligation to leave the territory of the Member States ▌.1a. The return decisions shall:(a) state a departure period, which shall not exceed 30 days, by the end of which the third-country national shall at the latest leave the territory of the Member States; or (b) state that the third-country national shall leave the territory of the Member States immediately. The departure period referred to in subparagraph (a) may be further shortened and specified in national law.Member States may lay down in their national law when a third-country national is granted a voluntary departure period or is ordered to leave immediately.1b. Competent authorities may provide for a departure period pursuant to paragraph 1a that exceeds 30 days with due regard to the specific circumstances of the individual case.1c. Competent authorities may extend the departure period pursuant to paragraph 1a with due regard to the specific circumstances of the individual case, in particular participation in a programme supporting return and reintegration pursuant to Article 46(3) and compliance with the obligation to cooperate as set out in Article 21. 1d. Competent authorities may shorten the departure period pursuant to paragraph 1a in case of non-compliance with the obligation to cooperate as set out in Article 21.1e. The departure period shall be counted from a date as defined under national law. 2.The return decision shall be issued in writing and give reasons in fact and in law. The third-country national shall be informed about available legal remedies and time-limits to seek those remedies. The return decision shall be notified to the third-country national as soon as possible in accordance with national law of the Member State concerned. Where the whereabouts of the third-country national are unknown, the return decision shall be notified in accordance with national law.3.Competent authorities may decide not to provide or may decide to limit the information on reasons in fact, where national law provides for the right to information to be restricted or where it is necessary to safeguard public order, public security or national security and for the prevention, investigation, detection and prosecution of criminal offences. In such cases, the third-country national shall be informed of the essence of the grounds on which a return decision is taken for the purpose of access to an effective remedy. The obligation to inform the third-country national of the essence of the grounds does not include an obligation to disclose any classified information.4.The country or countries of return may be determined in the return decision or pursuant to Article 12 (2a) prior to carrying out removal. Where the third-country national decides to return voluntarily to another country of return other than the country or countries of return stated in the return decision, the issuance of a new decision determining the country of return is not required.4b. Competent authorities shall not be precluded from issuing a return decision where there is a hindrance of removal. Where the country of return has been determined in the return decision and a risk of refoulement has been identified, the removal to that country of return shall be postponed in accordance with Article 14, paragraph 1, point (a).5.The third-country national shall, upon request, be provided with a written or oral translation of the main elements of the return decision ▌, including information on the available legal remedies in a language the third-country national understands or may reasonably be presumed to understand. For that purpose, the competent authorities may, where appropriate, use standardised translations templates or machine-assisted or machine-generated translation tools.6.The return decision ▌ shall be issued in the same act or in a separate act at the same time and together with the decision ending a legal stay of a third-country national or without undue delay thereafter, and without affecting the procedural safeguards provided for under Chapter IV and other relevant provisions of Union and international law.7.Upon issuance of the return decision, Member States shall make use of the form (‘European Return Order’) established pursuant to paragraph 8. The form shall include the main elements of the return decision, and where relevant of the decision ordering the removal, and shall be made available through the Schengen Information System in accordance with Regulation (EU) 2018/1860 ▌.8.The Commission shall adopt at the latest six months after entry into force of this Regulation an implementing act to establish the form of the European Return Order referred to in paragraph 7. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 49(2).9.At the latest, by the adoption of the implementing act referred to in paragraph 8, the Member States and the Commission and relevant EU agencies, such as eu-LISA, shall start putting in place the necessary legal and technical arrangements, respectively, to make available the European Return Order through the Schengen Information System to facilitate the fulfilment of the obligation in paragraph 7. The Commission and relevant EU agencies, such as eu-LISA, shall support Member States, as appropriate.9a. At the latest by the date of entry into application referred to in Article 52(3) of this Regulation, the Commission and relevant EU agencies, such as eu-LISA, shall implement measures to ensure the possibility of the automated handling of the European Return Order with a view to make the application of Article 9 more efficient.9b. Member States shall notify the Commission about the necessary legal and technical arrangements put in place to fulfil the obligation mentioned in paragraph 7 at the latest by the date of entry into application referred to in Article 52(3) of this Regulation.▌

Article 8Exceptions from the obligation to issue a return decision1.Competent Member States authorities may decide not to issue a return decision in one of the following cases where the third-country national is:(a)transferred to another Member State in accordance with the procedure provided for in Article 23a of Regulation (EU) 2016/399;(b)transferred to another Member State pursuant to bilateral agreements or arrangements or based on cooperation between Member States in accordance with Article 44;(c)a person whose illegal stay is detected in connection with border checks carried out at exit at the external border in accordance with Article 8 of Regulation (EU) 2016/399 or equivalent checks in accordance with national law in the case of Member States not bound by that Regulation, avoiding as much as possible to postpone the departure of the third-country national concerned.2.A return decision shall not be issued in cases where the third-country national is holding a valid residence permit, a long-stay visa or other authorisation offering a right to stay issued by another Member State▌. 3.In cases referred to in paragraph 2, the Member State shall require the third-country national to go to the territory of that other Member State immediately. Where the third-country national does not comply, or where the third-country national’s immediate departure is required for reasons of public policy, public security or national security, Member States may request cooperation from the other Member States pursuant to Article 44 or issue a return decision in accordance with Article 7.4.A return decision shall not be issued in cases where the ▌ procedure ▌ in Article 9 is applied.

Article 9Recognition and enforcement of return decisions issued by another Member State1.The Member State where the third-country national is illegally staying (‘enforcing Member State’) may recognise and enforce an enforceable return decision, and where relevant a decision ordering the removal, issued to that third-country national by another Member State (‘issuing Member State’) pursuant to Article 7(1) and 12(2). The enforcement shall be based on the information available in the European Return Order referred to in Article 7(7) and shall be carried out in accordance with national rules and procedures pursuant to Article 12.2.▌ Member States shall not be required to take administrative decisions or acts for the purpose of recognition. The recognition need not take the form of an administrative procedure ▌.▌5.Where a Member State does not recognise or enforce a return decision or decision ordering the removal pursuant to paragraph 1 ▌, that Member State shall issue a return decision subject to the conditions of Article 7 or a decision ordering the removal pursuant to Article 12(2).6.Where a Member State recognises or enforces a return decision or a decision ordering the removal pursuant to paragraph 1, it shall suspend the removal where the effects of the return decision or decision ordering the removal in the issuing Member State are suspended and may issue a return decision subject to the conditions of Article 7.7.Where the issuing Member State suspends or withdraws the return decision or when the return decision is annulled by an administrative authority, or court or tribunal, the enforcing Member State shall issue a return decision subject to the conditions of Article 7.8.The issuing Member State shall upon request provide the enforcing Member State with all available data and documents necessary for the purpose of ▌ return or removal, in accordance with Regulation (EU) 2018/1860 ▌.▌9a. The application of Article 9 is without prejudice to the use of the exceptions set out in Article 8.11. Member States shall, by the adoption of the implementing act referred to in Article 7(8), start putting in place preparatory steps that could facilitate the recognition of return decisions or decisions ordering the removal issued by another Member State, including, where relevant, legal and technical arrangements in their national systems, changes to national IT systems, relevant training, and pilot project activities.12. By two years after the date of entry into application referred to in Article 52(3) of this Regulation, the Commission shall assess the implementation of mutual recognition under paragraph 1 of this Article, in particular as regards the following:(a) whether the legal and technical arrangements making the European Return Order available through the Schengen Information System pursuant to Article 7(7) are put in place by the Member States and are effective;(b) whether the legal and technical arrangements to ensure automated handling of the European Return Order pursuant to Article 7(9) are put in place by the Member States;(c) the effectiveness of the recognition and enforcement of return decisions and decisions ordering the removal;(d) the burden on judicial and administrative national systems resulting thereof, and(e) results of relevant training and pilot project activities.13. Based on the assessment referred to in paragraph 12, the Commission shall submit, as appropriate, legislative proposals, including any targeted amendments to ensure effective returns, with a view to introduce mandatory recognition and enforcement of enforceable return decisions and decisions ordering the removal issued by another Member State. Where the Commission does not submit a proposal, it shall explain the reason thereof.

Section 3Entry ban

Article 10Issuance of an entry ban1.Return decisions shall be accompanied by an entry ban when:(a)the third-country national is subject to removal in accordance with Article 12;(b)the obligation to leave the territory of the Member States has not been complied with within the time limits set in accordance with Article 7, paragraphs 1a-1c;(c)the third-country national poses a security risk in accordance with Article 16.2.In cases other than those listed in paragraph 1, competent authorities may accompany a return decision or decision ordering the removal with an entry ban taking into account relevant circumstances, in particular the level of cooperation of the third-country national.3.The entry ban shall be issued as part of the return decision or as part of the decision ordering the removal or separately in writing. The entry ban shall be notified to the third-country national in a language that the third-country national understands or may reasonably be presumed to understand. For that purpose, the competent authorities may, where appropriate, use standardised translations templates or machine-assisted or machine-generated translation tools. 4.Competent authorities may impose an entry ban without issuing a return decision to a third-country national who has been illegally staying on the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, or equivalent checks in accordance with national law in the case of Member States not bound by that Regulation. The entry ban in these cases may be imposed and notified after the third-country national has departed from the territory of the Member States avoiding as much as possible to postpone the departure of the third-country national concerned.4a. Where an illegally staying third-country national departs from the territory of the Member States before a return decision is issued, the competent authorities may impose an entry ban without issuing a return decision.4b. Where the grounds for issuing an entry ban have arisen after a return decision is issued, the competent authorities may impose an entry ban without issuing a new return decision.5.Competent authorities may refrain from issuing an entry ban in individual cases for humanitarian reasons, if the third-country national is a victim of human trafficking or if the third-country national duly cooperates with the competent authorities, including by enrolling in a return and reintegration programme.6.The length of the entry ban shall be determined with due regard to all relevant circumstances of the individual case for a maximum of 10 years. Without prejudice to Article 16(3)(a), an entry ban may be issued for a maximum of 20 years for duly substantiated reasons whenever it is considered necessary to prevent the third-country national from entering the territory of the Member States. ▌8.The period of the entry ban shall start from the date on which the third-country national left the territory of the Member States.

Article 11Withdrawal, suspension or shortening of the duration of an entry ban1.An entry ban may be withdrawn, suspended or its duration shortened by the issuing Member State where the third-country national demonstrates that he or she has returned voluntarily, without prejudice to paragraphs 2 and 3.▌2.The competent authority may, as it considers appropriate, withdraw, suspend or shorten the duration of an entry ban ▌ in justified individual cases, including for humanitarian reasons, taking into account all relevant circumstances, without prejudice to paragraph 3. 3.The third-country national may submit a well-grounded request for withdrawal, suspension or shortening of the duration of an entry ban, provided that the third-country national has departed from the territory, without prejudice to paragraph 4.4. A third-country national, who has been issued an entry ban that exceeds 10 years in accordance with Article 10(6) or Article 16(3)(a) may 10 years after his or her departure from the Member States request the issuing Member State to review whether the entry ban is to be withdrawn, suspended or shortened, having due regard to all relevant circumstances, including, where relevant, whether the third-country national remains a security risk under Article 16, and whether the entry ban remains necessary to further prevent that third-country national from entering the territory of the Member States. The request for review shall be well-grounded.4a. Member States may subject the withdrawal of an entry ban to the reimbursement of the costs of the removal of the third-country national.

Section 4Enforcement of return

Article 12Removal1.The Member States shall take all necessary measures to remove the third-country national ▌ when:(-a) the third-country national has not complied with the obligation to leave the territory in accordance with Article 7;(a)the third-country national does not cooperate with the authorities ▌;▌(c)the third-country national falls within the scope of Article 16;(d)the third-country national moves to another Member State without authorisation, including during the period set in accordance with Article 7;(da) The competent authorities consider that removal is necessary and proportionate, as provided for in national law, for reasons other than those listed in points (-a) to (d).1a. Nothing in this regulation shall prevent Member States from permitting or facilitating voluntary return of a third country national, who is otherwise subject to removal pursuant to paragraph 1, in particular where it is considered as leading to a faster and more effective return.2.A decision ordering the removal may be issued by competent authorities to any third-country national who is subject to return. Where a decision ordering the removal is issued, it shall be in writing and may be in the same decision as the return decision or as a separate administrative or judicial decision or act or as a part of another administrative or judicial decision.2a. Where a country of return has not yet been determined or where it differs from the country previously determined, the competent authority shall determine one or more countries of return as referred to in Article 4(3) in the return decision or a decision ordering removal prior to carrying out the removal.2b. Where a decision ordering the removal is issued, it shall give reasons in fact and in law. The third-country national shall be informed about available legal remedies and time-limits to seek those remedies. The decision ordering the removal shall be notified to the third-country national as soon as possible in accordance with national law of the Member State concerned.2c. Where a decision ordering the removal is issued, the third-country national shall, upon request, be provided with a written or oral translation of the main elements of the decision ordering the removal, including information on the available legal remedies in a language the third-country national understands or may reasonably be presumed to understand. For that purpose, the competent authorities may, where appropriate, use standardised translations templates or machine-assisted or machine-generated translation tools.3.When the third country national indicates or the authorities of the Member State become aware of, relevant indications that the removal would breach the principle of non-refoulement, the competent authorities shall refer the third-country national to the appropriate procedure, including the asylum procedure in accordance with Regulation (EU) 2024/1348, where applicable, or in accordance with national law assess whether the removal is in compliance with the principle of non-refoulement ▌. The third-country national concerned shall bring forward as soon as possible any relevant information concerning their own personal circumstances in order to substantiate their claim that the removal would breach the principle of non-refoulement. The competent authorities may rely on or take into consideration any previous assessment of the risk of refoulement. Any further assessment that there is a risk of refoulement shall only be made if relevant information has been substantiated. 3a. Member States may decide that the principle of non-refoulement may be assessed by an authority other than the competent authority that is issuing or enforcing the return decision.4.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.5.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. Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (OJ L 261, 6.8.2004, p. 28, ELI: http://data.europa.eu/eli/dec/2004/573/oj).▌

▌Article 14Conditions for postponing removal1.Removal pursuant to Article 12 shall be postponed in the following circumstances:(a)when it would violate the principle of non-refoulement; or(b)when and for as long as suspension of the return decision in accordance with Article 28 is in place.2.Removal pursuant to Article 12 may be postponed ▌, taking into account the specific circumstances of the individual case. In case there is a risk of absconding, additional measures may be applied pursuant to paragraph 7. 3.If the third-country national requests postponement of removal, the request shall be duly substantiated.4.▌ Member States shall provide the third-country national concerned with a written confirmation of the postponement in accordance with paragraph 1 or paragraph 2 and their rights during postponement. A translation of the confirmation may be communicated orally to the third-country national in a language they understand or are reasonably presumed to understand, including with the use of interpretation services.5.The postponement of the removal ▌ shall be ▌ reviewed in case of change of relevant circumstances.6.The following shall be taken into account concerning the situation of the third-country national, including the compliance by the third-country national with the obligations in this Regulation, during periods for which the removal has been postponed:(a)basic needs;(b)family unity with family members present in the Member State's territory;(c)emergency health care and essential treatment of illness;(d)access of minors to the basic education system subject to the length of their stay;(e)special needs of vulnerable persons.7.If the removal is postponed, the measures set out in Articles 21, 23c and 29 may be applied when the conditions are fulfilled.

Article 15Monitoring of removal▌ Member States shall provide for an independent forced-return monitoring system. ▌ Member States may rely on existing monitoring mechanisms such as structures and expertise established pursuant to Regulation (EU) 2024/1356 as relevant for the purpose of this Article.▌

Article 16Return of third-country nationals posing security risks1.This Article shall apply to third-country nationals where:(a)they pose a threat to public policy, to public security or to national security, including when they are subject to an alert pursuant to Article 24(1)(a) of Regulation (EU) 2018/1861 of the European Parliament and of the Council Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14, ELI: http://data.europa.eu/eli/reg/2018/1861/oj).;(b)there are reasonable indications for believing that they have committed a serious criminal offence as referred to in Article 2(2) of Council Framework Decision 2002/584/JHA Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Statements made by certain Member States on the adoption of the Framework Decision (OJ L 190, 18.7.2002, p. 1, ELI: http://data.europa.eu/eli/dec_framw/2002/584/oj).or have committed an offence carrying a penalty involving the deprivation of liberty of at least two years under national law or have committed multiple offences carrying a penalty involving the deprivation of liberty of at least one year under the national law of the convicting Member State;(ba) there are reasonable indications that the person is involved in any of the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, pp. 6, ELI: http://data.europa.eu/eli/dir/2017/541/oj).;(c)there are reasonable indications of his or her intention to commit an offence pursuant to points (b) and (ba) of this paragraph in the territory of a Member State;(ca) there are reasonable indications that they pose any other security threat as identified under national law.2.Third-country nationals falling within the scope of this Article shall be subject to removal in accordance with Article 12.2a. Paragraph 1, points (b), (ba) and (c), shall apply to third country nationals where there are reasonable indications that they have incited or otherwise participated in the commission of the crimes or acts referred to therein.2b. Member States shall take the necessary measures to ensure that return decisions concerning third-country nationals falling within the scope of this Article are dealt with and enforced as a matter of priority.3.By way of derogation from the relevant provisions of this Regulation, third-country nationals falling within the scope of this Article may be:(a)subject to an entry ban issued in accordance with Article 10 that exceeds the maximum duration referred to in Article 10(6) or an entry ban for an indefinite duration where justified and proportionate to the security risk posed by the third-country national. In such cases, Article 11(4) shall apply;(b)detained in accordance with Article 29(3), point (c);(c)detained in prisons and, to the extent possible, be kept separated from ordinary prisoners;(d)subject to detention for additional periods that exceed the maximum duration referred to in Article 32(3) and that are determined by a court or tribunal taking into account the circumstances of the individual case, and that are subject to a review by a court or tribunal at least every three months.4.When the threat to public policy, to public security or to national security posed by third country nationals referred to in paragraph 1(a) cannot be effectively addressed pursuant to this Article, Member States may provide for other measures under national law. The Member States shall ensure that when the relevant decision is taken, the measure is necessary and proportionate having regard to the severity of the threat to public security, or the danger posed by the person concerned.4a. Member States may rely on an existing thorough security assessment of all relevant circumstances carried out by the competent authorities at previous stages, including in the context of asylum, visa, and border control procedures, including screening.

Article 17Return to a third country with which there is an agreement or arrangement1.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 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.2.An agreement or arrangement pursuant to paragraph 1 shall set out the following:(a)the procedures applicable to the return of illegally staying third-country nationals out of the Member States to the third country referred to in paragraph 1;(b)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 parties to the agreement or arrangement;▌(d)the obligations of the third country referred to in the second sentence of paragraph 1;▌(f)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.2a. Where an agreement or arrangement pursuant to paragraph 1 provides for onward return to a country of return referred to in Article 4(3)(a) to (d) the agreement or arrangement shall, in addition to paragraph 2, set out the following:(a) the consequences in case onward return is not possible;(b) the respective obligations and responsibilities of the parties to the agreement or arrangement;(c) the consequences to be drawn in case of a significant change adversely impacting the situation of the third country referred to in paragraph 1;(d) an independent body or mechanism to monitor the effective application of the agreement or arrangement.The agreement or arrangement pursuant to the first subparagraph may include the conditions for detention in the third country referred to in paragraph 1.3.Member States shall, at an appropriate time, inform the relevant Member States of negotiations on an agreement or arrangement as referred to in 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.4.Unaccompanied minors ▌ shall not be returned to a third country referred to in paragraph 1.

Section 5Return of minors

Article 18Best interests of the childThe best interests of the child shall be a primary consideration when applying the provisions in accordance with this Regulation.

Article 19Age assessment of minors1. Where, 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 an age assessment in accordance with national or Union law. Such age assessment may use Article 25 of Regulation (EU) 2024/1348 ▌.2. The competent authority may rely on an existing age-assessment conducted in previous stages of the return procedure or in other relevant procedures.3. A Member State may recognise the results of an age assessment of other Member States where the age assessment was carried out in compliance with Union law.6. A refusal to undergo an age assessment, including the medical examination, shall not prevent the determining authority from continuing the return procedure. Such refusal may only be considered to be a rebuttable presumption that the applicant is not a minor.

Article 20Return of unaccompanied minors1.▌ Assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.2.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 can communicate, including with the use of interpretation services, in a language that the minor understands or may reasonably be presumed to understand. That person may be the person designated to act as a representative under Directive (EU) 2024/1346 Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection (OJ L, 2024/1346, 22.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1346/oj). where the person has been designated in accordance with Article 27 of that Directive.3.The unaccompanied minor shall be heard, either directly or through the representative or ▌ person referred to in paragraph 2, including in the context of the determination of the best interests of the child. At the latest 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.

Chapter IIIOBLIGATIONS OF THE THIRD-COUNTRY NATIONAL

Article 21Obligation to cooperate1.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 procedure.1a. Third-country nationals shall provide competent authorities with information on any relevant changes in his or her individual situation relevant for the purpose of this regulation, without undue delay.2.Without prejudice to the obligation to leave the territory of the Member States, third-country nationals shall:(a)remain available to the competent authorities on the territory of the Member State competent for the return procedure of which the third-country nationals are the subject, not abscond, including to another Member State, and present themselves for the departure of the transportation for return as determined by the competent authority;(aa) not physically or verbally obstruct the return;(b)provide ▌ without undue delay, all information and physical and digital documentation, including copies and electronic records, relevant for establishing or verifying identity or nationality or otherwise relevant within the return ▌ procedure that they possess or are reasonably presumed to be able to obtain, in particular by providing the competent authorities with an identity or travel document or cooperating on obtaining an identity or travel document;(c)not destroy, withhold or otherwise dispose of ▌ documents, information and documentation, referenced in (b) of this paragraph, use aliases with fraudulent intent, provide other false information in an oral or written form, or otherwise mislead the authorities or fraudulently oppose the return ▌ procedure;(d)provide an explanation in case they are not in possession of an identity or travel document;(e)provide information on the third countries transited, the travel routes used, or other third countries with which he or she may have other connections that might facilitate return;(f)provide biometric data as defined in national and Union law, including Article 2(1), point (s), of Regulation (EU) 2024/1358 of the European Parliament and of the Council Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1358/oj).;(fa) comply with the travel requirements of carriers and entry requirements of third-country authorities, including health requirements, when such requirements are generally imposed on international travellers;(g)provide, when requested by the competent authorities precise contact details, including current place of residence, address, telephone number where they may be reached and, where available, an electronic mail address;(h)provide, without undue delay, information on any changes to the contact details referred to in point (g);(i)comply with any measure imposed under Article 23, paragraph 1, and Article 23c, paragraph 1, throughout the return procedure;(j)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;(k)▌ appear in person or ▌ by means of videoconference, as required by the competent authorities, before the competent national or third-country authorities at the location indicated by such authorities for the purpose of acquiring travel documents and establishing their identity or nationality;(l)where required by competent authorities, participate in return and reintegration counselling;(la) comply with other relevant additional measures in relation to return under national law.Obligations 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.3.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:(a)their name, date and place of birth, gender and nationality or nationalities or the fact that the third-country national is stateless;(b)their family members and other personal details of the third-country national if relevant for carrying out the return ▌ procedure or for the determination of the country of return;(c)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 ▌ procedure and for the determination of the country of return;(d)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;(e)any return decision, decision ordering the removal, or entry ban issued by another Member State;(f)country or countries and place or places of previous residence, travel routes, countries transited and travel documentation.4.Where the competent authorities decide to retain any document necessary for the purpose of ▌ return as referred to in paragraph 2, point (b), they shall ensure that the third-country national ▌ receives without undue delay photocopies or other appropriate proof of retention of the documents. In case of voluntary return ▌, 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.5.The third-country national shall be reachable by means of communication as defined by national law. Member States shall ▌ 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 Member States or the Union for the purpose of such communication.▌

Article 21aRisk of absconding1. There is a risk of absconding, in an individual case, unless proven otherwise, where one of the following criteria regarding the illegally staying third-country national concerned is fulfilled:(a) the third-country national has entered or moved without authorisation to the territory of a Member State, including following a transit through a third country, or attempts to do so;(b) the third-country national is subject to a return decision issued by a Member State other than the one on the territory of which the person is currently staying illegally, including as detected through the alerts entered in the Schengen Information System pursuant to Regulation (EU) 2018/1860;(c) the third-country national does not comply with one or more of the measures imposed in accordance with Article 23, paragraph 1, and Article 23b, paragraph 1, or expresses or demonstrates intent to do so;(d) the third-country national has re-entered the territory of the Member States in violation of a valid entry ban.2. In cases not covered by paragraph 1, the risk of absconding shall be determined on the basis of an overall assessment of the circumstances of the individual case. The assessment shall include one or more of the following criteria regarding the illegally staying third-country national concerned:(a) lack of residence, fixed abode or reliable address;(b) non-compliance with the obligation to leave the territory of the Member States within the departure period as set out in accordance with Article 7, paragraph 1a, point (a);(c) when departure is imminent and there are reasons to believe that the third-country national intends to violate the obligation to cooperate as set out in Article 21, paragraph 2, point (a);(d) using false or forged identity or travel documents, residence permits or visas, or documents justifying conditions of entry, destroying or otherwise disposing of such documents, using aliases with fraudulent intent, providing other false information in an oral or written form, or otherwise fraudulently opposing the return or readmission procedure;(e) not attending return and reintegration counselling, where required by the competent authorities;(f) the third-country national has a lack of social anchoring, in particular the absence of family ties, and insufficient means of subsistence;(g) non-compliance with the obligations under Article 21, paragraph 2, points (a)-(c), (e), (fa) and (i)-(k), including lack of cooperation in obtaining travel documents;(h) other criteria than (a) to (f) where provided for in national law.▌

Chapter IIIaMEASURES TO PROMOTE RETURN AND ALTERNATIVES TO DETENTION

Article 23Availability for the return process1.For the purpose of preparing and ensuring an effective return or to further incentivise compliance with the obligations to leave and cooperate, Member States may impose on the third-country national one or more of the following measures:(a) the obligation to remain within a geographical area within the Member State’s territory in which they are able to move freely;(b) the obligation to reside at a specific address or place designated by the competent authorities;(c) the obligation to report to the competent authorities at specified times in person or by other means as specified in national law;(d) other measures than those referred to in points (a) to (c) where provided for in national law. 2.Any measures under paragraph 1 shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.2a. The measures set out in paragraph 1 may also be imposed on third-country nationals who cannot be removed, due to their lack of cooperation with the competent authorities.3.Upon request, competent authorities may grant the third-country national permission to temporarily not comply with a measure as referred to in paragraph 1.▌4.The third-country national shall be informed whether or not the permission in accordance with paragraph 3 is granted.5.The third-country national shall not be required to request permission pursuant to paragraph 3 to attend appointments with authorities and courts, where it would otherwise have violated the obligations of paragraph 1, and where the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments in advance.6.The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.7. The third-country national shall be informed of any decision to apply measures referred to in paragraph 1 of this Article and about the consequence of non-compliance with that decision, including detention under Article 29.

Article 23aInvestigative measures1. Without prejudice to investigative measures for other reasons not related to return in accordance with national law, the competent authorities of the Member States may, where necessary, proportionate and duly justified for the purpose of preparing or ensuring an effective return:(a)search the third-country national and, subject to a prior judicial order or, in accordance with relevant national law, an administrative order where necessary, proportionate and duly justified by the urgency of such search, his or her place of residence or other relevant premises;(aa)take administrative measures for the purpose of ensuring compliance with the obligation to provide biometric data as laid down in national law, including fingerprints, which could include the possibility to use means of coercion as a last resort where a third-country national does not provide biometric data as required under Article 21, paragraph 2, point (f);(b) search and seize personal belongings, electronic devices, and other items of relevance; (c) impose other investigative measures, where provided for in national law.2. Any investigative measures under paragraph 1, points (a)-(c), of this Article may be carried out without the consent of the third-country national concerned.3. Any investigative measures imposed in accordance with paragraph 1, points (a)-(c), of this Article shall respect the fundamental rights and be subject to the safeguards and remedies provided for in Union and national law.

Article 23bConsequences of non-compliance with the obligation to cooperate 1. In case of non-compliance with the obligation to cooperate as set out in Article 21, paragraph 1 and the requirements under Article 21, paragraph 2, Member States shall impose on the third-country national concerned one or more of the measures set out in Article 23, paragraph 1, and may impose one or more of the following measures which shall be effective and proportionate:(b) refusal or reduction of certain benefits and allowances, where provided for by national law, unless this would lead to the persons' inability to make provision of their basic needs;(c) refusal or reduction of incentives granted to promote voluntary return including refusal or reduction of assistance in return and reintegration programmes pursuant to Article 46(3);(d) refusal or withdrawal of work permit, where provided for in national law;(e) extension of the duration of an entry ban up to the maximum duration in Article 10(6);(f) criminal sanctions, including imprisonment, where provided for in national law;(g) financial penalties;(h)other measures or consequences than the above-mentioned, where provided for in national law.

Article 23cAlternatives to detention1. Member States may impose one or more of the following alternatives to detention, taking into account the individual circumstances of the third-country national concerned, including the level of the risk of absconding assessed in accordance with Article 21a:(a) deposit of an adequate financial guarantee;(b) the use of electronic monitoring;(c) other measures than (a) and (b) where provided for in national law.1a.The measures referred to in the first subparagraph shall primarily aim to ensure the effective and timely return of the third-country national.2. A decision to apply measures referred to in paragraphs 1 of this Article shall state the relevant reasons in fact and in law.3. Third-country nationals shall be informed in writing of any decision to apply measures referred to in paragraph 1 of this Article and the consequence of non-compliance with that decision, including detention under Article 29.4. Member States shall ensure that the decisions taken in accordance with paragraph 2 of this Article are reviewed by a court or tribunal on application by the person concerned or ex officio.

Chapter IVSAFEGUARDS AND REMEDIESSection 1Procedural safeguards

Article 24Right to information1.Competent authorities shall ensure that third-country nationals subject to ▌ return are informed ▌ about the following:(a)the purpose ▌ of the ▌ procedure ▌;(b)the ▌ obligations of third-country nationals ▌ as set out in Article 21 and Article 23, the consequences of non-compliance pursuant to Articles 23b and 29, paragraph 3, point (e), the existence of an alert on return on the person in the Schengen Information System and the recognition and enforcement of a return decision issued by another Member State in accordance with Article 9;(c)return and reintegration counselling and programmes pursuant to Article 46;(d)their procedural rights ▌ in accordance with this Regulation and national law, in particular the right to legal assistance and representation pursuant Article 25.2.The information provided shall be given without undue delay ▌ in a language which the third-country national understands or is reasonably presumed to understand. The information may be provided by means of standard information sheets, either on paper or in electronic format, and, where necessary, supplemented orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the ▌ representative or the person designated to assist the minor referred to in Article 20(2).2a.Where the competent authority proceeds with removal on the basis of a return decision or a decision ordering removal which has determined more than one country of return, the third-country national shall be informed of the country of return to which he or she will be removed sufficiently in advance of the removal.

Article 25Legal assistance and representation1.In the case of an appeal or a review before a court or tribunal in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that they are provided with necessary free legal assistance and representation ▌.2.The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from the rights and comply with the obligations under this Regulation.▌4.Free legal assistance and representation shall be provided by legal advisers or other suitably qualified persons, ▌ admitted or permitted under national law to assist or represent the third-country national or by non-governmental organisations accredited under national law to provide legal services or representation to third-country nationals.5.The provision of free legal assistance and representation in the appeal procedure may be excluded by the Member States where:(a)the third-country national is considered to have sufficient resources to afford legal assistance and representation at his or her own cost;(b)it is considered that the appeal has no tangible prospect of success or is abusive;(c)the appeal or review is at a second level of appeal or higher, as provided for under national law, including re-hearings or reviews of appeal;(d)the third-country national is already assisted or represented by a legal adviser.6.The third-country national requesting free legal assistance and representation shall disclose his or her financial situation and immediately inform the competent authorities of any significant change in their financial situation, unless national law provides for free legal assistance irrespective of the person’s financial situation.7.With the exception of any assistance provided to unaccompanied minors, ▌ Member States may:(a)impose monetary or time limits on the provision of free legal assistance and representation, provided that such limits are not arbitrary and do not unduly restrict access to free legal assistance and representation ▌;(b)request total or partial reimbursement of any costs incurred where the third-country national’s financial situation has improved during the return procedure or where the decision to provide free legal assistance and representation was taken on the basis of false information supplied by the third-country national;(c)provide that, as regards fees and other costs and reimbursements, the treatment of third-country nationals shall be equal to, but not more favourable than, the treatment generally given to their nationals in matters pertaining to legal assistance.8.Member States shall lay down specific procedural rules governing the manner in which requests for free legal assistance and representation in relation to an appeal or a review before a court or tribunal in accordance with Article 27 are filed and processed, or apply existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation excessively difficult or impossible.9.Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the grounds that the appeal is considered to have no tangible prospect of success or to be abusive, the applicant shall have the right to an effective remedy before a court or tribunal against that decision. ▌10.Member States may provide for free legal assistance and representation in the administrative procedure in accordance with national law.

Section 2Remedies

Article 26The right to an effective remedy1.The third-country national concerned shall be afforded an effective remedy to challenge the decisions referred to in Article 7(1), Article 10 and Article 12(2) before the court or tribunal competent according to national law.2.The effective remedy shall provide for a full ▌ examination of both points of facts and points of law.3.Where material in the file brought to the attention of the court or tribunal in charge of the remedy against the return decision or the decision ordering the removal, as supplemented or clarified following adversarial proceedings, suggests that the principle of non-refoulement might be undermined, compliance with the requirements arising from the principle of non-refoulement shall be verified ▌.4. The annulment or revocation of a non-essential element of a return decision shall not result in the annulment or revocation of the remainder of the decision concerned.

Article 27Appeal before a competent court or tribunal1.For the purpose of applying this Regulation, the Member States shall lay down in ▌ national law ▌ the period for lodging an appeal before a court or tribunal of first instance which shall not exceed 14 days.Member States which by … [the day of entry into force of this Regulation] provide in their national law for periods for lodging an appeal which are 30 days or longer, may derogate from the first subparagraph. In case the Member States decide to derogate, the period referred to in the first subparagraph shall not exceed 30 days.2.The time limit referred to in paragraph 1 shall start to run from the date when any of the decisions referred to in Article 7(1), Article 10 and Article 12(2) are notified to the third-country national, or considered notified under national law ▌.3.Where a return decision is based on, or issued in, the same act as a decision refusing or ending the legal stay, the time limits to appeal the return decision may be those laid down in national law for appealing a decision ending or refusing legal stay.4.Where an entry ban and/or decision ordering the removal is issued together with a return decision as referred to in Article 7, they shall be appealed against jointly with that return decision, before the same court or tribunal and within the same ▌ proceedings and the same time limits. Where an entry ban and/or decision ordering the removal is issued separately from the return decision or is the only decision to be challenged, it may be appealed against separately. ▌▌

Article 28Suspensive effect1.Although this Regulation does not provide for an automatic suspensive effect of the appeal, Member States shall ensure, in full respect of Article 47 of the Charter, that removal can be suspended by the competent court or tribunal of first instance prior to the enforcement of the decisions issued pursuant to Article 7 ▌ and Article 12(2). The removal may be suspended upon request by the third-country national concerned for the period for lodging the appeal pursuant to Article 27 or, where an appeal has been lodged, for the period pending the outcome of such an appeal, unless national law also provides that the enforcement of such a decision may be suspended ex officio. This paragraph shall be without prejudice to provisions of national law which provide for an automatic suspensive effect of remedies before a court or tribunal at first instance ▌.1a. In the assessment of the request pursuant to paragraph 1, the court or tribunal may rely on the material in the file brought to its attention, including any assessment of relevant circumstances carried out at previous stages of the return procedure and, where relevant, of the asylum procedure.▌3.Where a further appeal against a first or subsequent appeal decision is lodged, the removal shall not be suspended unless national law provides for a suspensive effect of such remedies or the third-country national requests suspension and a competent court or tribunal decides to grant it, taking due account of the specific circumstances of the individual case.▌

Chapter V▌ DETENTION

Article 29Grounds for detention1.Member States may detain a third-country national pursuant to this Regulation on the basis of an individual assessment of each case and only in so far as detention is proportionate.2.Member States may only keep in detention a third-country national for the purpose of return, including for preparing the return, readmission, and carrying out the removal.3.A third-country national may only be detained based on one or more of the following grounds for detention:(a)risk of absconding determined in accordance with Article 21a;(b)the third-country national avoids or hampers readmission, the preparation of the return, or the removal ▌;(c)the third-country national poses security risks in accordance with Article 16;(d)to determine or verify his or her identity or nationality;(e)non-compliance with the obligations under Article 21, paragraph 2, points (a)-(c), (e), (fa) and (i)-(k), including lack of cooperation in obtaining travel documents;(f) other relevant grounds related to return, provided for in national law, to ensure effective return procedures, that are necessary and proportionate.5.Detention shall be ordered by administrative or judicial authorities. Detention shall be ordered by a written decision giving the reasons in fact and in law on which it is based as well as information about available legal remedies. The decision shall be communicated orally or in writing to the third-country national in a language that the third-country national understands or may reasonably be presumed to understand, including with the use of interpretation or translation services.6.When detaining a third-country national pursuant to paragraph 2, Member States shall take into account whether the third-country national ▌ is a vulnerable person.▌

Article 32Detention period1.Detention shall be maintained for as short a period as possible and for as long as the grounds laid down in Article 29 are fulfilled and it is necessary to ensure the effective and successful return of the third-country national.2.When it appears that the grounds laid down in Article 29 are no longer fulfilled, ▌ the third-country national shall be released from detention pursuant to this Regulation. Such release shall not preclude the application of measures ▌ in accordance with Articles 23 and 23c.3.The detention shall not exceed 12 months in a ▌ Member State. ▌ Where the return procedure is likely to last longer owing to a lack of cooperation by the third-country national concerned, or delays in obtaining the necessary documentation from third countries, or in other exceptional circumstances provided for in national law, detention may be applied for a longer period but shall not exceed 24 months in a Member State.Where the third country national has moved to another Member State and his conduct constitutes a ground for detention as referred in Article 29(3), a new period of detention shall apply.3a. Detention may, after the expiry of the maximum detention period of 24 months pursuant to paragraph 3, be applied for additional periods of up to 6 months in total, whenever there is a risk of absconding and where one or more of the following changes in circumstances indicate a reasonable prospect of removal:(a) there is new significant information on the third-country national’s identity; (b) travel document has been obtained, or may reasonably be presumed to be obtained due to a change in circumstances; (c) cooperation with the third country has improved.When detaining a third-country national in accordance with this paragraph, the Member State shall prioritise such a case in order to ensure that the detention is maintained for as short a period as possible. 4.The expiry of the maximum detention periods in accordance with paragraph 3 and 3a does not preclude the application of measures in accordance with Article 23 and Article 23c.5. Where a third-country national is cooperating on their return during detention, the voluntary return of the third-country national concerned shall, where appropriate, be organised without undue delay. Detention may, where relevant, be maintained until departure to ensure effective return in respect of paragraphs 3 and 3a.

Article 33Review of detention orders1.Member States shall ensure that detention is reviewed ▌ at least every six months either on application by the third-country national concerned or ex officio.2.Member States shall ensure that detention of unaccompanied minors is reviewed ex officio ▌ at least every three months, or upon request of the unaccompanied minor concerned or their representative appointed pursuant to Article 20(2).3.Where detention has been ordered or extended by administrative authorities, Member States shall ▌:(a)provide for a judicial review of the lawfulness of detention to be decided on as speedily as possible within a period that is laid down in national law after the beginning of the detention ▌; or(b)grant the third-country national concerned ▌ the right to initiate proceedings by means of which the lawfulness of detention shall be subject to judicial review ▌ to be decided on as speedily as possible within a period that is laid down in national law after the launch of the relevant proceedings ▌. In such cases Member States shall immediately upon detention inform the third-country national concerned about the possibility of initiating such proceedings.Where a third country national is detained for a period exceeding the maximum detention period of 24 months pursuant to Article 32(3a), and this extension exceeds 3 months, the detention shall be subject to a review by a court or tribunal at least every three months.

Article 34Detention conditions1.Detention shall generally take place ▌ in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall, to the extent possible, be kept separated from ordinary prisoners.2.Detained third-country nationals shall have access to open-air space. Access to open-air space may be restricted for a limited period of time, if necessary and proportionate to ensure a well-functioning detention facility. 3.Third-country nationals in detention shall be allowed, on request, to establish in due time contact with legal representatives, family members and competent consular authorities.4.Particular attention shall be paid to ▌ the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals.5.Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation and other appropriate conditions, including prior issuance of an appropriate security clearance issued by a competent authority in accordance with national law. Member States may impose limits to such access by virtue of national law where such limits are objectively necessary for the security, public order or administrative management of the facility. 6.Third-country nationals kept in detention shall be provided ▌ with information which explains the rules applied in the facility and sets out their rights and obligations ▌ in a language they understand or may reasonably be presumed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.6a. Third-country nationals identified as posing a security risk pursuant to Article 16 may be placed in enhanced security arrangements within detention facilities, including stricter separation measures or increased supervision, for the period strictly necessary to manage the risk and facilitate their return.

Article 35Conditions for detention of unaccompanied minors and families with minors1.Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child.2.▌Unaccompanied minors and families with minors shall during the detention period be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of minors and their age and ▌ their gender ▌.3.Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education or educational activities in the format most appropriate to the length of their detention.

Chapter VIREADMISSION

Article 36Readmission ▌1.After issuing a return decision ▌, competent authorities shall where relevant, with the support of Frontex where relevant, initiate readmission, including, where applicable, in relation to the confirmation of nationality of a third-country national, the issuance of a travel document for the third-country national and the organisation of a return operation.▌Where applicable, the European travel document for return shall be used in compliance with the applicable readmission instrument and Regulation (EU) 2016/1953 Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, p. 13, ELI: http://data.europa.eu/eli/reg/2016/1953/oj)..▌7. The readmission ▌ in third countries shall be supported by dedicated Union return liaison officers financed by the Union. Such liaison officers shall be part of the structure of the Union Delegations and shall closely coordinate with the Commission in achieving the relevant Union policy priorities.▌

Article 37aExternal dimension and cooperation with third countriesThe Union and Member States shall ensure that the external dimension of return policy forms an integral part of the comprehensive approach to migration management. Where lack of cooperation from a third country is identified, or where one or several Member States encounter difficulties in third country cooperation on readmission, the Union and the Member States shall take appropriate measures, including the use of conditionality in relation to all relevant policies and tools, such as visa policy, as well as trade and development, as provided for in the Union legislative acts regulating them and for the Member States that are bound by these acts, with the purpose of supporting predictable and effective return procedures with third countries and ensuring effective and sustained cooperation on readmission.

Chapter VIISHARING AND TRANSFER OF PERSONAL DATA

Article 38Information sharing between Member States1.Member States shall make use of all appropriate means of cooperation and of exchanging information to implement this Regulation.2.The exchange of information shall be carried out at the request of a Member State and may only take place between Member States’ competent authorities.3.Member States shall, upon request, communicate to each other available information concerning a person within the scope of this Regulation for the purpose of carrying out the return procedure ▌ and providing return and reintegration assistance.4.Where the information referred to in paragraph 3 can be exchanged through the EU Information Systems referred to in point 15 of Article 4 of Regulation (EU) 2019/818 of the European Parliament and of the Council Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, ELI: http://data.europa.eu/eli/reg/2019/818/oj). or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall, as a general rule, be exchanged only through those means.5.The request for information shall include the grounds on which it is based.6.The information referred to in paragraph 3 may include in particular:(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 ▌;(b)information related to the biometric data taken of the third-country national in accordance with Regulation (EU) 2024/1358 ▌;(c)information related to the nationality and any travel document(s) of the third-country national ▌;(d)information related to the third-country national’s places of residence, routes travelled, languages spoken and contact details (electronic mail address(es) and phone number(s));(e)information on any residence status or authorisations offering a right to stay, including residence documents or visas as well as any applications or extensions hereof, issued by a Member State or a third country;(f)information related to the return operation of the third-country national ▌;(g)information related to the reintegration of the third-country national, where applicable, including information on vulnerability; (h)the grounds for any return decision taken concerning the third-country national;(ha) information on the compliance of the third-country national with the obligations under Article 21 or measures pursuant to Article 23;(i)information as to whether the third-country national was detained or alternatives to detention were applied to the individual;(j)information related to the criminal records or related to the threat to public policy, public security or national security posed by the third-country national;(k)information on vulnerability, health and medical needs of the third-country national.7.The requested Member State shall be obliged to reply as soon as possible and at the latest within two weeks.7a. A lack of response, an incomplete response or a delayed response from a Member State to a request made pursuant to this Article shall not prevent or delay the enforcement of a return decision or a removal order initiated by another Member State. The requesting Member State may proceed on the basis of the information already available to its competent authorities, in accordance with Union and national law.8.The information exchanged may be used only for the purposes set out in paragraph 3. In each Member State such information may, 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 ▌ or the provision of reintegration assistance.9. Member States shall upon request transfer to each other the original travel documents of a third-country national, where the travel document is necessary to ensure return.

Article 39Transfer of data to third countries relating to third-country nationals for the purposes of return, readmission and reintegration1.Without prejudice to Articles 40 and 41, data referred to in Article 38(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as airlines or medical providers, where it is necessary for the purposes of return, readmission, or reintegration.▌3.Member States and Frontex transferring personal data pursuant to paragraph 1 ▌shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively.4.Where a transfer is made pursuant to paragraph 1 ▌, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. That documentation shall be limited to the information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligations for Member States.

Article 40Transfer of data to third countries relating to criminal convictions of third-country nationals for the purposes of return, readmission and reintegration1.Data relating to one or more criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met:(a)the third-country national whose personal data is transferred has been convicted in the previous 25 years of a terrorist offence or in the previous 15 years of any other criminal offence listed in the Annex to Regulation (EU) 2018/1240 of the European Parliament and of the Council Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1240/oj). or have committed an offence carrying a penalty involving the deprivation of liberty of at least two years under national law or have committed multiple offences carrying a penalty involving the deprivation of liberty of at least one year under the national law of the convicting Member State;(b)the transfer of data is necessary for the purposes of return, readmission, or of providing a tailor-made non-financial reintegration assistance;▌(d)▌ the competent authority has verified and, where applicable, Frontex is satisfied ▌ that the transfer of data does not risk breaching the principle of non-refoulement;(e)▌ the competent authority has verified and, where applicable, Frontex is satisfied ▌ that the transfer of data does not risk breaching Article 50 of the Charter.▌3. Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively.4.Where a transfer is made pursuant to paragraph 1 ▌, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 ▌ and the personal data transferred. That documentation shall be limited to the information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligations for Member States.

Article 41Transfer of health data of third-country nationals to third countries for the purposes of carrying out the return operation and reintegration1.Data concerning the medical assistance to be provided to third-country nationals during the return operation may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as medical providers, where the following conditions are met:(a)the transfer of data is necessary for the purposes of carrying out the return operation;▌(c)▌ the competent authority has verified and, where applicable, Frontex is satisfied ▌ that the transfer of data does not risk breaching the principle of non-refoulement.2.Data concerning health and medical needs of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met:(a)the transfer of data is necessary for the purposes of providing reintegration assistance referred to in Article 46 that is tailored to the medical needs of the third-country national;(b)the third-country national whose personal data is transferred has ▌ consented to such transfer.3.Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively.4.Where a transfer is made pursuant to paragraph 1 or 2, such a transfer shall be documented and the documentation shall, on request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 and the personal data transferred. That documentation shall be limited to the information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligations for Member States.

Chapter VIIICOMMON SYSTEM FOR RETURNS

Article 42Components of a common system for returns1.A common system for returns pursuant to this Regulation shall consist of:(a)a common procedure for the return of third-country nationals with no right to stay in the territory of the Member States;(b)a system of recognition and enforcement of return decisions among Member States;▌(d)digital systems for managing the return, readmission and reintegration of third-country nationals;(e)cooperation between Member States;(ea) a sufficient level of detention capacity as determined by the Member State taking into account actual needs;(f)financial support by the Union and operation support by the Union bodies, offices and agencies ▌ in line with their respective mandates.1a. The development of digital systems shall rely, to the greatest extent possible, on existing national infrastructures and interoperable Union systems and shall not create additional reporting or procedural burdens for Member States.2.The Union and the Member States shall identify common priorities in the field of return ▌ 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.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, as well as synergy between internal and external components ▌.

Article 43Competent authorities ▌1.Each Member State shall designate, in accordance with national law, the competent authorities responsible for fulfilling the obligations arising under this Regulation.▌

Article 44Cooperation between Member States1.Cooperation and assistance between competent authorities designated in accordance with Article 43 shall as a general rule take place for the purpose of:(a)allowing transit through their territory to assist that a return decision of another Member State can be complied with or travel documents obtained;(b)providing logistical ▌ or other material or in-kind assistance in connection with transit through their territory pursuant to (a);(ba) facilitating the transfer referred to in Article 8(1), point (b);▌(d) supporting the departure of a third-country national towards the Member State in which he or she has a right to stay in accordance with Article 8(3)▌.2. Cooperation and assistance between competent authorities designated in accordance with Article 43 may take place, including for the purpose of:(a) leading or supporting the policy dialogue and exchanges with the authorities of third countries for the purpose of facilitating readmission;(b)contacting the competent authorities of third countries for the purpose of verifying the identity of third-country nationals and obtaining a valid travel document;(c) organising, on behalf of the requesting Member State, the practical arrangement for the enforcement of return;(d) providing logistical or other material or in-kind assistance.

Article 45Frontex support1.Member States may 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) 2019/1896.2.Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of the Agency's support in accordance with Regulation (EU) 2019/1896.

Article 46Support for return and reintegration1.Member States shall ensure availability of return and reintegration counselling ▌ to provide, where relevant, third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State.2.Member States shall ensure that information about return and reintegration is ▌ provided at the latest when the return decision is issued.3.Member States shall ensure the availability of return and reintegration programmes, supported or financed at national or Union level. Such programmes ▌ shall include logistical, financial, or other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national.4.Return and reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure.5.The assistance provided through the programmes for return and reintegration shall reflect the level of cooperation and compliance of the third-country national and may be reduced over time or withdrawn. The following criteria may be taken into account when determining the kind and extent of the return and reintegration assistance where applicable:(a)the cooperation of the third-country national concerned during the return and readmission procedure, as provided for in Article 21;(b)whether the third country national is returning voluntarily, or is subject to removal;(c)whether the third-country national is a national of a third country listed in Annex II to Regulation (EU) 2018/1806 Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (codification) (OJ L 303, 28.11.2018, p. 3, ELI: http://data.europa.eu/eli/reg/2018/1806/oj).;(d)whether the third country national has been convicted of a criminal offence;(e)whether the third-country national has specific needs by reason of being a vulnerable person, minor, unaccompanied minor or part of a family;(f) additional criteria under national law.6.The assistance referred to in this Article shall not be granted to third-country nationals who already benefited from another or the same support provided by a Member State or the Union. The Union, Member States and Frontex shall ensure coherence and coordination on reintegration assistance.

Chapter IXFINAL PROVISIONS

Article 47Emergency situations1.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 ▌ longer than those provided for in Article 27(1), Article 33(3) and Article 38(7) and to take urgent measures in respect of the conditions of detention derogating from those set out in Articles 34(1) and 35(2). Member States may temporarily adjust administrative procedures and internal reporting requirements to expedite return operations, provided that such adjustments are strictly necessary to address the exceptional situation.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.

Article 48Statistics1.For monitoring of readmission cooperation with third countries, ▌ the Commission may on an annual basis request the following data to be communicated to Frontex, regarding relevant third countries, disaggregated per each third country:(a)number of requests for confirmation of nationality and number of positive and negative replies received concerning confirmation of nationality requests;(b)number of requests for issuance of travel documents, of which the number of requests for issuance of travel documents for cases where nationality was confirmed, number of travel documents issued by the third-country authorities and number of negative replies concerning the request of travel documents.▌2.Frontex shall grant the Commission access to the data referred to in paragraph 1. The data referred to in points (a)-(b), disaggregated by ▌ Member State, may be communicated to third countries for the purposes of monitoring the implementation of, and compliance with, readmission obligations, including in the framework of the Union readmission instruments. 3.Member States shall, at the request of the Commission, provide the necessary information for completing the assessment pursuant to Article 9(12), in particular statistics on the number of third-country nationals subject to return decisions issued by another Member State and the number of third-country nationals removed or returned on the basis of recognised return decisions and, where relevant, decisions ordering the removal issued by another Member State within a specified period of time. ▌4.The Commission shall, ▌ for the purposes of this Article and where possible, make use of the information made available under Regulation (EC) 862/2007. 5. Where the Commission submits a legislative proposal under Article 9(13), it shall, if necessary, propose amendments to this Article, taking into account relevant legislative developments in digitalisation.

Article 49Committee procedure1.The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act, and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

Article 50Reporting1.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.2.Member States shall, at the request of the Commission, send available information necessary 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.

Article 51Repeal1.Directive 2008/115/EC ▌, Directive 2001/40/EC and Council Decision 2004/191/EC are repealed ▌ for the Member States bound by this Regulation, as of the date of entry into application of this Regulation pursuant to Article 52(3).2.References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.

Article 52Entry into force and application1.This Regulation shall enter into force on the ▌ day following that of its publication in the Official Journal of the European Union.2.Articles 1, 2(1) to (3), 4 (3), 5, 7(8) and (9), 17, 18, 19, 36, 37a, 43, 45, 49, 50 and 51 of this Regulation shall be applicable as of the entry into force. 3.The remaining provisions of this Regulation shall apply from … [Official Journal: Insert the date corresponding to 12 months from the date of entry into force].4.This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ▌

For the European Parliament For the Council

The President The President