RETURN DIRECTIVE (2005/0167 (COD))
Part I – Articles
Version 28 April, 10.00
Commission proposal
Compromise envisaged in
Changes to this compromise Changes to this compromise
Envisaged final compromise
(COM 2005(0391))
first round of informal
requested by Council
requested by EP
trilogue
(marked in bold and
(marked in bold and
(January 2008)
strikethrough)
strikethrough)
DIRECTIVE OF THE EUROPEAN
DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN DIRECTIVE OF THE EUROPEAN
DIRECTIVE OF THE EUROPEAN
PARLIAMENT AND OF THE
PARLIAMENT AND OF THE
PARLIAMENT AND OF THE
PARLIAMENT AND OF THE
PARLIAMENT AND OF THE
COUNCIL
COUNCIL
COUNCIL
COUNCIL
COUNCIL
on common standards and
on common standards and
on common standards and
on common standards and
on common standards and
procedures in Member States for
procedures in Member States for
procedures in Member States for
procedures in Member States for
procedures in Member States for
returning illegally staying third-
returning illegally staying third-
returning illegally staying third-
returning illegally staying third-
returning illegally staying third-
country nationals
country nationals
country nationals
country nationals
country nationals
Chapter I
Chapter I
Chapter I
Chapter I
Chapter I
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
Article 1
Article 1
Article 1
Article 1
Article 1
Subject matter
Subject matter
Subject matter
Subject matter
Subject matter
This Directive sets out common This Directive sets out common This Directive sets out common This Directive sets out common This Directive sets out common
standards and procedures to be standards and procedures to be standards and procedures to be standards and procedures to be standards and procedures to be
applied in Member States for applied in Member States for applied in Member States for applied in Member States for applied in Member States for
returning illegally staying third-
returning illegally staying third-
returning illegally staying third-
returning illegally staying third-
returning illegally staying third-
country nationals, in accordance country nationals, in accordance country nationals, in accordance country nationals, in accordance country nationals, in accordance
with fundamental rights as general with fundamental rights as general with fundamental rights as general with fundamental rights as general with fundamental rights as general
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1
principles of Community law as well principles of Community law as well principles of Community law as well principles of Community law as well principles of Community law as well
as international law, including as international law, including as international law, including as international law, including as international law, including
refugee protection and human rights refugee protection and human rights refugee protection and human rights refugee protection and human rights refugee protection and human rights
obligations.
obligations.
obligations.
obligations.
obligations.
Article 2
Article 2
Article 2
Article 2
Article 2
Scope
Scope
Scope
Scope
Scope
1. This Directive applies to third-
1. This Directive applies to third-
1. This Directive applies to third-
1. This Directive applies to third-
1. This Directive applies to third-
country nationals staying illegally in country nationals staying illegally in country nationals staying illegally in country nationals staying illegally in country nationals staying illegally in
the territory of a Member State, i.e.
the territory of a Member State.
the territory of a Member State.
the territory of a Member State.
the territory of a Member State.
(a) who do not fulfil or who no
longer fulfil the conditions of en t ry
as set out in Article 5 of the
Convention
Implementing
the
Schengen Agreement, or
(b) who are otherwise illegally
staying in the territory of a Memb er
State.
2. Member States may decide not t o 2. Member States may decide not t o 2. Member States may decide not t o 2. Member States may decide not t o 2. Member States may decide not t o
apply this Directive to third-country apply this Directive to third-country apply this Directive to third-country apply this Directive to third-country apply this Directive to third-country
nationals who have been refused nationals:
nationals
who:
nationals:
nationals:
entry in a transit zone of a M emb er
State. However, they shall ensure (a) who are subject to a refusal of (a) are subject to a refusal of entry, (a) who are subject to a refusal of (a) who are subject to a refusal of
that the treatment and the level of entry, in accordance with Article 1 3 in accordance with Article 13 of t h e entry, in accordance with Article 1 3 entry, in accordance with Article 1 3
protection of such third-country of the Schengen Borders Code, or Schengen Borders Code, or who are of the Schengen Borders Code, or of the Schengen Borders Code, or
nationals is not less favourable t han who are apprehended by the apprehended
or intercepted by the who are apprehended by the who are apprehended
or intercepted set out in Articles 8, 10, 13 and 15.
competent control authorities in competent control authorities in competent control authorities in by the competent control authorities
connection
with
the irregular connection
with
the irregular connection
with
the irregular in connection with the irregular
crossing by land, sea or air of the crossing by land, sea or air of the crossing by land, sea or air of the crossing by land, sea or air of the
border of a Member State having
external border of a Member State border of a Member State having
external border of a Member State
come from a third country an d wh o having come from a third country come from a third country an d wh o having come from a third country
have not subsequently ob tai ned an and who
unless they have not have
had not subsequently obtained and who have not subsequently
authorisation to stay in that Member subsequently
obtained
an an authorisation
a right to stay in obtained an authorisation
or a ri g ht
State;
authorisation to stay in that Member that Member State;
to stay in that Member State;
State;
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(b) who are subject to return as a
(b) who are subject to return as a (b) who are subject to return as a
criminal law sanction or as a (b) who are subject to return as a criminal law sanction or as a criminal law sanction or as a
consequence of a criminal law criminal law sanction or as a consequence of a criminal law consequence of a criminal law
sanction, according to national l aw, consequence of a criminal law sanction, according to national l aw, sanction, according to national l aw,
or who are subject to extradition sanction, according to national l aw, or who are subject to extradition or who are subject to extradition
procedures.
or who are subject to extradition procedures.
procedures.
procedures.
3. This Directive shall not ap pl y t o 3. This Directive shall not ap pl y t o 3. This Directive shall not ap pl y t o 3. This Directive shall not ap pl y t o 3. This Directive shall not ap pl y t o
third-country nationals
persons enjoying the Community persons enjoying the Community persons enjoying the Community persons enjoying the Community
right of free movement as defined in right of free movement as defined in right of free movement as defined in right of free movement as defined in
Article 2(5) of the Schengen Borders Article 2(5) of the Schengen Borders Article 2(5) of the Schengen Borders Article 2(5) of the Schengen Borders
Code.
Code.
Code.
Code.
(a) who are family members of
citizens of the Union who have
exercised
their
right
to
free
movement within the Community or
(b) who, under agreements bet ween
the Community and its Member
States, on the one hand, and the
countries
of
which
they are
nationals, on the other, enjoy ri ght s
of free movement equivalent to
those of citizens of the Union.
Article 3
Article 3
Article 3
Article 3
Article 3
Definitions
Definitions
Definitions
Definitions
Definitions
For the purpose of this Directive th e For the purpose of this Directive th e For the purpose of this Directive th e For the purpose of this Directive th e For the purpose of this Directive th e
following definitions shall apply:
following definitions shall apply:
following definitions shall apply:
following definitions shall apply:
following definitions shall apply:
(a) ‘third-country national’ means (a) ‘third-country national’ means (a) ‘third-country national’ means (a) ‘third-country national’ means (a) ‘third-country national’ means
any person who is not a citizen of any person who is not a citizen of any person who is not a citizen of any person who is not a citizen of any person who is not a citizen of
the Union within the meaning of the Union within the meaning of the Union within the meaning of the Union within the meaning of the Union within the meaning of
Article 17(1) of the Treaty;
Article 17(1) of the Treaty and who Article 17(1) of the Treaty and who Article 17(1) of the Treaty and who Article 17(1) of the Treaty and who
is not a person enjoying the is not a person enjoying the is not a person enjoying the is not a person enjoying the
Community right of free movement, Community right of free movement, Community right of free movement, Community right of free movement,
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as defined in Article 2(5) of the as defined in Article 2(5) of the as defined in Article 2(5) of the as defined in Article 2(5) of the
Schengen Borders Code.
Schengen Borders Code.
Schengen Borders Code.
Schengen Borders Code.
(b) ‘illegal stay’ means the presen ce (b) ‘illegal stay’ means the presen ce (b) ‘illegal stay’ means the presen ce (b) ‘illegal stay’ means the presen ce (b) ‘illegal stay’ means the presen ce
on the territory of a Member State, on the territory of a Member State, on the territory of a Member State, on the territory of a Member State, on the territory of a Member State,
of a third-country national who does of a third-country national who does of a third-country national who does of a third-country national who does of a third-country national who does
not fulfil, or no longer fulfils the not fulfil, or no longer fulfils the not fulfil, or no longer fulfils the not fulfil, or no longer fulfils the not fulfil, or no longer fulfils the
conditions for stay or residence in conditions of entry as set out in conditions of entry as set out in conditions of entry as set out in conditions of entry as set out in
that Member State;
Article 5 of the Schengen Borders Article 5 of the Schengen Borders Article 5 of the Schengen Borders Article 5 of the Schengen Borders
Code or other conditions fo r en t ry, Code or other conditions for en t ry , Code or other conditions fo r en t ry, Code or other conditions fo r en t ry,
stay or residence in that Member stay or residence in that Member stay or residence in that Member stay or residence in that Member
State;
State;
State;
State;
(c) ‘return’ means the process of (c) 'return' means the process of (c) 'return' means the process of (c) 'return' means the process of (c) 'return' means the process of
going back to one’s country of going back - whether in voluntary going back - whether in voluntary going back - whether in voluntary going back - whether in voluntary
origin, transit or another third compliance with an obligation to compliance with an obligation to compliance with an obligation to compliance with an obligation to
country, whether voluntary or return, or enforced - to one's country return, or enforced - to one's country return, or enforced - to one's country return, or enforced - to
: enforced;
of origin or,
of origin or,
of origin or,
- a country of transit in accordance - a country of, transit in acco rd an ce - a country of transit in accordance
- one's country of origin or,
with
Community
or bilateral with
Community
or bilateral with
Community
or bilateral
readmission
agreements
or readmission
agreements
or readmission
agreements
or - a country of transit in accordance
arrangements or
arrangements or
arrangements or
with
Community
or bilateral
- another third country to which t he - another third country to which t he - another third country to which t he readmission agreements or
other
third-country national has solid third-country national has solid third-country national has solid arrangements or
established ties or to which he/she established ties or to which he/she established ties or to which he/she
voluntarily decides to return
voluntarily decides to return
voluntarily decides to return
- another third country to which t he
in which the third-country nat i onal , in which the third-country national in which the third-country nat i onal third-country national
concerned
concerned will be accepted;
concerned will be accepted,
whether concerned will be accepted;
has solid established ties or to which
in voluntary compliance with an
he/she voluntarily decides to ret u rn
obligation to return, or enforced;
and in which
he/she the third-
country national concerned will be
accepted;
(d) ‘return decision’ means an (d) ‘return decision’ means an (d) ‘return decision’ means an (d) ‘return decision’ means an (d) ‘return decision’ means an
administrative or judicial decision or administrative or judicial decision or administrative or judicial decision or administrative or judicial decision or administrative or judicial decision or
act, stating or declaring the stay of a act, stating or declaring the stay of a act, stating or declaring the stay of a act
based
on
an
individual act, stating or declaring the stay of a
third-country national to b e i ll egal third-country national to b e i ll egal third-country national to b e i ll egal
assessment of the case, stating or third-country national to b e i ll egal
and imposing an obligation to return; and
imposing or stating an and
imposing or stating an declaring the stay of a third-coun try and
imposing or stating an
obligation to return;
obligation to return;
national to be illegal and imposi ng obligation to return;
or stating an obligation to return;
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(e) ‘removal’ means the execution of (e) ‘removal’ means the execution of (e) ‘removal’ means the execution (e) ‘removal’ means the execution of (e) ‘removal’ means the execution
the obligation to return, namel y t he the obligation to return, namel y t he
enforcement of the obligation to the obligation to return, namel y t he
enforcement of the obligation to
physical transportation out of the physical transportation out of the return,
namely
the
physical physical transportation out of the return,
namely
the
physical
country;
country;
transportation out of the country;
country;
transportation out of the country;
(f) ‘removal order’ means an -
-
-
administrative or judicial decision or
act ordering the removal;
(g) “ re-entry ban” means an (g) “ entry ban” means an (g) “ entry ban” means an (g) “ entry ban” means an (g) “ entry ban” means an
administrative or judicial decision or administrative or judicial decision or administrative or judicial decision or administrative or judicial decision or administrative or judicial decision or
act preventing re-entry into the act preventing entry into and stay i n act preventing
prohibiting entry act preventing entry into and stay i n act preventing
prohibiting entry
territory of the Member States fo r a the territory of the Member States into and stay in the terri t ory o f t h e the territory of the Member States into and stay in the terri t ory o f t h e
specified period.
for a specified period, accompanied Member States for a specified for a specified period, accompanied Member States for a specified
by a return decision;
period,
accompanied
by by a return decision;
period,
accompanied
by
accompanying a return decision;
accompanying a return decision;
(h) 'risk of absconding' means the (h) "risk of absconding" mean s t he (h) 'risk of absconding' means the (h) "risk of absconding" mean s t he
existence of particular reasons existence of particular reasons existence of particular reasons existence of particular reasons
defined by individual and object i ve defined by
in an individual and
case defined by individual and object i ve defined by
in an individual and
case
criteria to believe that a third-
which are based on objective criteria to believe that a third-
which are based on objective
country national who is subject to criteria
defined in national law to country national who is subject to criteria
defined by law to believe
return procedures will abscond,
believe that a third-country national return procedures will abscond,
; the that a third-country national who is
who is subject to return proced u res
risk of absconding shall not subject to return procedures will
will
may abscond;
automatically be deduced from the may abscond;
mere fact that a third-country national is illegally resident on the
territory of a Member State;
(i) 'voluntary departure' means (i) 'voluntary departure' means (i) 'voluntary departure' means (i) 'voluntary departure' means
compliance with the obligation to compliance with the obligation to compliance with the obligation to compliance with the obligation to
return within the time-limit fixed for return within the time-limit fixed for return within the time-limit fixed for return within the time-limit fixed for
that purpose in the return decision.
that purpose in the return decision;
that purpose in the return decision.;
that purpose in the return decision.
(j) 'vulnerable persons' means (j) "vulnerable persons" means (j) 'vulnerable persons' means (j) 'vulnerable persons' means
minors, unaccompanied minors, minors, unaccompanied minors, minors, unaccompanied minors, minors, unaccompanied minors,
disabled people, elderly people, disabled people, elderly people, disabled people, elderly people, disabled people, elderly people,
pregnant women, single parents with pregnant women, single parents with pregnant women, single parents with pregnant women, single parents with
minor children and persons who minor children and persons who minor children and persons who minor children and persons who
have been subjected to torture, rap e have been subjected to torture, rap e have been subjected to torture, rap e have been subjected to torture, rap e
or
other
serious
forms
of or
other
serious
forms
of or
other
serious
forms
of or
other
serious
forms
of
psychological, physical or sexual psychological, physical or sexual psychological, physical or sexual psychological, physical or sexual
violence.
violence.
violence.
violence.
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Article 4
Article 4
Article 4
Article 4
Article 4
More favourable provisions
More favourable provisions
More favourable provisions
More favourable provisions
More favourable provisions
1. This Directive shall be without 1. This Directive shall be without 1. This Directive shall be without 1. This Directive shall be without 1. This Directive shall be without
prejudice
to
more
favourable prejudice
to
more favourable prejudice
to
more favourable prejudice
to
more
favourable prejudice
to
more
favourable
provisions of:
provisions of:
provisions of:
provisions of:
provisions of:
(a)
bilateral
or
multilateral (a)
bilateral
or
multilateral (a)
bilateral
or
multilateral (a)
bilateral
or
multilateral (a)
bilateral
or
multilateral
agreements between the Community agreements between the Community agreements between the Community agreements between the Community agreements between the Community
or the Community and it s Memb er or the Community and it s Memb er or the Community and it s Memb er or the Community and it s Memb er or the Community and it s Memb er
States and one or more third States and one or more third States and one or more third States and one or more third States and one or more third
countries;
countries;
countries;
countries;
countries;
(b)
bilateral
or
multilateral (b)
bilateral
or
multilateral (b)
bilateral
or
multilateral (b)
bilateral
or
multilateral (b)
bilateral
or
multilateral
agreements between one or more agreements between one or more agreements between one or more agreements between one or more agreements between one or more
Member States and one or more Member States and one or more Member States and one or more Member States and one or more Member States and one or more
third countries.
third countries.
third countries.
third countries.
third countries.
2. This Directive shall be without 2. This Directive shall be without 2. This Directive shall be without 2. This Directive shall be without 2. This Directive shall be without
prejudice to any provision which prejudice to any provision which prejudice to any provision which prejudice to any provision which prejudice to any provision which
may be more favourable for the third may be more favourable for the third may be more favourable for the third may be more favourable for the may be more favourable for the
country national laid down in country national laid down in country national laid down in
the third
-country national laid d own i n third
-country national laid d own i n
Community legislation in the field of Community acquis relating to Community acquis relating to
the Community acquis relating to
the Community acquis relating to
immigration
and
asylum,
in immigration and asylum.
immigration and asylum.
immigration and asylum.
immigration and asylum.
particular in:
(a) Council Directive 2003/86/EC on -
-
-
the right to family reunification1,
(b) Council Directive 2003/109/ EC -
-
-
concerning the status of third
country nationals who are long-term
residents2,
(c) Council Directive 2004/81/EC on -
-
-
the residence permit issued to thi rd-
1
OJ L 251, 3.10.2003, p. 12.
2
OJ L 16, 23.1.2004, p. 44.
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country nationals who are victims of
trafficking in human beings or who
have been the subject of an action to
facilitate illegal immigration, who
cooperate
with the competent
authorities3,
(d) Council Directive 2004/83/EC -
-
-
on minimum standards for the
qualification and status of third
country
nationals
or stateless
persons as refugees or as persons
who otherwise need international
protection and the content of the
protection granted4,
(e) Council Directive 2004/ 114 /EC -
-
on the conditions of admission of
third country nationals for the
purpose of studies, pupil exch ang e,
unremunerated training or voluntary
service5,
(f) Council Directive 2005/XX/EC -
-
on a specific procedure for admitting
third-country nationals for purposes
of scientific research6.
3. This Directive shall be without 3. This Directive shall be without 3. This Directive shall be without 3. This Directive shall be without 3. This Directive shall be without
prejudice to the right of the Member prejudice to the right of the Member prejudice to the right of the Member prejudice to the right of the Member prejudice to the right of the Member
States
to adopt or maintain States
to adopt or maintain States
to adopt or maintain States
to adopt or maintain States
to adopt or maintain
provisions that are more favou rab l e provisions that are more favou rab l e provisions that are more favou rab l e provisions that are more favou rab l e provisions that are more favou rab l e
to persons to whom it applies to persons to whom it applies to persons to whom it applies to persons to whom it applies to persons to whom it applies
provided that such provisions are provided that such provisions are provided that such provisions are provided that such provisions are provided that such provisions are
compatible with this Directive.
compatible with this Directive.
compatible with this Directive.
compatible with this Directive.
compatible with this Directive.
3
OJ L 261, 6.8.2004, p. 19.
4
OJ L 304, 30.9.2004, p. 12.
5
OJ L 375, 23.12.2004, p. 12.
6
OJ L XX
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4. With regard to third-country 4. With regard to third-country 4. With regard to third-country 4. With regard to third-country
nationals excluded from the scope of nationals excluded from the scope of nationals excluded from the scope of nationals excluded from the scope of
this Directive in accordance with this Directive in accordance with this Directive in accordance with this Directive in accordance with
Article 2 paragraph 2 lit.a Member Article 2 paragraph 2lit.(a Member Article 2
(2)(a) paragraph 2 lit.a Article 2
(2)(a) paragraph 2 lit.a
States shall
States shall
Member States shall
Member States shall
- ensure that the treatment and the - ensure that the treatment and the - ensure that the
their treatment an d - ensure that the
their treatment an d
level of protection is not less level of protection is not less the level of protection is not less the level of protection is not less
favourable than set out in Art icl e 7 favourable than set out in Art icl e 7 favourable than set out in Art icl e 7 favourable than set out in Art icl e 7
paragraphs 4 and 5 (limitations on paragraphs 4 and 5 (limitations on paragraphs
(4
) and
(5
) (limitations paragraphs
(4
) and
(5
) (limitations
use of coercive measures), Article 8 use of coercive measures), Article 8 on use of coercive measures), on use of coercive measures),
paragraph 2 (postponement of paragraph
2
,
first
indent Article
8
paragraph
(2
) Article 8 paragraph
(2
) first indent
removal), Article 13 second and (postponement of removal), Art icl e (postponement of removal), Art icl e (postponement of removal), Art icl e
fourth indent (emergency health care 13 second and fourth indent 13 second and fourth indent 13 second and fourth indent
and taking into account needs of (emergency health care and taking (emergency health care and taking (emergency health care and taking
vulnerable persons) and Article 15 into account needs of vulnerable into account needs of vulnerable into account needs of vulnerable
and 15a (detention conditions) and
persons) and Article
s 15 and 15a persons) and Article
s 15 and 15a persons) and Article
s 15 and 15a
- respect the principle of non-
(detention conditions) and
(detention conditions) and
(detention conditions) and
refoulment.
- respect the principle of non-
- respect the principle of non-
- respect the principle of non-
refoul
ement.
refoul
ement.
refoul
ement.
Article 5
Best interest of the child, family
Article 5
Article 5
Article 5
Article 5
relationships, state of health and
Family relationships and best
Best interest of the child, family
Best interest of the child, family
Non-refoulement, best interest of
non-refoulement
interest of the child
relationships, state of health and
relationships, state of health and
the child, family
life and state of
Non-refoulement, family life and
non-refoulement
non-refoulement
health and non-refoulement
best interest of the child
When implementing this Direct i v e, When implementing this Direct i v e, When implementing this Direct i v e, When implementing this Direct i v e, When implementing this Direct i v e,
Member States shall take due Member States shall take due Member States shall take due Member States shall take due Member States shall take due
account of the nature and solidity of account of
account of
account of
account of
the third country national´s family (a) the best interest of the child,
(a) the best interest of the child,
(a) the best interest of the child,
(a) the best interest of the child,
relationships, the duration of his stay (b) family relationships and
(b) family relationships and
life
(b) family relationships and
(b) family relationships and
life,
in the Member State and of the (c) the state of health of the third (c) the state of health of the third (c) the state of health of the third
-
(c) the state of health of the third
existence of family, cultural and country national concerned
country national concerned
country national concerned
country national concerned
social ties with his country of origin. and respect the principle of non and respect the principle of non and respect the principle of non
-
and respect the principle of non-
They shall also take account of the refoulement.
refoulement.
refoulement.
refoulement.
best interests of the child in
accordance with the 1989 United
Nations Convention on the Rights of
the Child.
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8
Chapter II
Chapter II
Chapter II
Chapter II
Chapter II
TERMINATION OF ILLEGAL
TERMINATION OF ILLEGAL
TERMINATION OF ILLEGAL
TERMINATION OF ILLEGAL
TERMINATION OF ILLEGAL
STAY
STAY
STAY
STAY
STAY
Article 6
Article 6
Article 6
Article 6
Article 6
Return decision
Return decision
Return decision
Return decision
Return decision
1. Member States shall issue a return 1. Member States shall issue a return 1. Member States shall issue a return 1. Member States shall issue a return 1. Member States shall issue a return
decision to any third-country decision to any third-country decision to any third-country decision to any third-country decision to any third-country
national staying illegally on their national staying illegally on their national staying illegally on their national staying illegally on their national staying illegally on their
territory.
territory, without prejudice to the territory, without prejudice to the territory, without prejudice to the territory, without prejudice to the
exceptions referred to in paragrap h s exceptions referred to in paragrap h s exceptions referred to in paragrap h s exceptions referred to in paragrap h s
2, 3 4 and 5 of this Article.
2,
2a, 3
and 4 and 5 of this Article.
2, 3
and 4 and 5 of this Article.
2,
2a, 3
and 4 and 5 of this Article.
2. The return decision shall provi de 2. Third-country natio nal s stay i ng 2. Third-country natio nal s stay i ng 2. Third-country natio nal s stay i ng 2. Third-country natio nal s stay i ng
for an appropriate period for illegally in the territory of a Member illegally in the territory of a Member illegally in the territory of a Member illegally in the territory of a Member
voluntary departure of up to four State and holding a valid resi d en ce State and holding a valid resi d en ce State and holding a valid resi d en ce State and holding a valid resi d en ce
weeks, unless there are reasons to permit or another authorisation permit or another authorisation permit or another authorisation permit or another authorisation
believe that the person concerned offering a right to stay issued by offering a right to stay issued by offering a right to stay issued by offering a right to stay issued by
might abscond during such a period. another Member State, shall be another Member State, shall be another Member State, shall be another Member State, shall be
Certain
obligations
aimed
at required to go to the territory of that required to go to the territory of that required to go to the territory of that required to go to the territory of that
avoiding the risk of absconding, Member State immediately. In case Member State immediately. In case Member State immediately. In case Member State immediately. In case
such as regular reporting to the of non-compliance by the third-
of non-compliance by the third-
of non-compliance by the third-
of non-compliance by the third-
authorities, deposit of a financial country national concerned with this country national concerned with this country national concerned with this country national concerned with this
guarantee, submission of documents requirement, or where the third requirement, or where the third requirement, or where the third
-
requirement, or where the third
-
or the obligation to stay at a cert ai n country
national's
immediate country
national's
immediate country
national's
immediate country
national's
immediate
place may be imposed for the departure is required for reasons of departure is required for reasons of departure is required for reasons of departure is required for reasons of
duration of that period.
national security or public policy, national security or public policy, national security or public policy, national security or public policy,
paragraph 1 shall apply.
paragraph 1 shall apply.
paragraph 1 shall apply.
paragraph 1 shall apply.
2a.
Member
States
may
2a.
Member
States
may
refrain from issuing a return
refrain from issuing a return
decision
to
a
third-country
decision
to
a
third-country
national staying illegally on their
national staying illegally on their
territory, if the third-country
territory, if the third-country
national concerned is taken back
national concerned is taken back
by another Member State under
by another Member State under
25/03/2021 07:23:38
9
bilateral
agreements
or
bilateral
agreements
or
arrangements existing at the date
arrangements existing at the date
of entry into force of this
of entry into force of this
Directive. In this case the Membe r
Directive. In this case the Membe r
State which has taken back the
State which has taken back the
third-country national concerned
third-country national concerned
shall apply paragraph 1 of this
shall apply paragraph 1.
Article.
3. The return decision shall be issued 3. Member States may, at any 3. Member States may, at any 3. Member States may, at any 3. Member States may, at any
as a separate act or decision or moment
decide
to
grant
an moment
decide
to
grant
an moment
decide
to
grant
an moment
decide
to
grant
an
together with a removal order.
autonomous residence permit or autonomous residence permit or autonomous residence permit or autonomous residence permit or
another authorisation offering a right another authori
zation offering a right another authorisation offering a right another authori
sation offering a right
to
stay
for
compassionate, to
of stay for compassionate, to
stay
for
compassionate, to
stay
for
compassionate,
humanitarian or other reasons to a humanitarian or other reasons to a humanitarian or other reasons to a humanitarian or other reasons to a
third-country
national
staying third-country
national
staying third-country
national
staying third-country
national
staying
illegally on their territory. In this illegally on their territory. In this illegally on their territory. In this illegally on their territory. In this
event no return decision shall be event no return decision shall be event no return decision shall be event no return decision shall be
issued. Where a return decision h as issued. Where a return decision h as issued. Where a return decision h as issued. Where a return decision h as
already been issued, it shall be already been issued, it shall be already been issued, it shall be already been issued, it shall be
withdrawn.
withdrawn
or suspended for the withdrawn.
withdrawn
or suspended for the
duration
of
validity
of
the
duration
of
validity
of
the
residence
permit
or
other
residence
permit
or
other
authorization offering a right of
authorisation offering a right to
stay.
stay.
4. Where Member States are subject 4. If a third-country national staying 4. If a third-country national staying 4. If a third-country national staying 4. If a third-country national staying
to
obligations
derived
from illegally in its territory is the subject illegally in its territory is the subject illegally in its territory is the subject illegally in its territory is the subject
fundamental rights as resulting, in of a pending procedure for renewing of a pending procedure for renewing of a pending procedure for renewing of a pending procedure for renewing
particular,
from the European his residence permit or any other his residence permit or any other his residence permit or any other his residence permit or any other
Convention on Human Rights, such permit offering the right to stay, that permit offering the right to stay, that permit offering the right to stay, that permit offering the right to stay, that
as the right to non-refoulment, the Member
State
shall
consider Member State shall
in accordance Member
State
shall
consider Member
State
shall
consider
right to education and the right to refraining from issuing a return
with
paragraph
5
consider refraining from issuing a return refraining from issuing a return
family unity, no return decision shall decision, until the pending procedure refraining from issuing a return decision, until the pending procedure decision, until the pending procedure
be issued. Where a return decision is finished.
decision, until the pending procedure is finished.
is finished
, without prejudice to
has already been issued, it shall be
is finished.
paragraph 5.
withdrawn.
5. Member States may, at any 5. The present Directive does not 5. The present Directive does not 5. The present Directive does not 5.
This the present
Directive does
moment
decide
to
grant
an prevent
Member
States
from prevent
Member
States
from prevent
Member
States
from not prevent Member States from
autonomous residence permit or adopting a decision on the ending o f adopting a decision on the ending o f adopting a decision on the ending o f adopting a decision on the ending o f
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10
another authorisation offering a right legal stay together with a return legal stay together with a return legal stay together with a return legal stay together with a return
to
stay
for
compassionate, decision and/or a decision on decision and/or a decision on decision and/or a decision on decision and/or a decision on
humanitarian or other reasons to a removal within one administrative or removal
and/or entry ban within removal within one administrative or removal
and/or entry ban within
third-country
national
staying judicial act as provided for in their one administrative or judicial act as judicial
decision or act as pro v i d ed one administrative or judicial
illegally on their territory. In this national
legislation,
without provided for in their national for in their national legislation,
decision or act as provided for in
event no return decision shall be prejudice
to
the
procedural legislation, without prejudice t o t he without prejudice to the pro ced ural their national legislation, without
issued or where a return decision has safeguards available under chapter procedural
safeguards
available safeguards available under
Chapter prejudice
to
the
procedural
already been issued, it shall be III of this Directive and under o th er under
Chapter III of this Directive III of this Directive and under o th er safeguards available under
Chapter
withdrawn.
relevant provisions of Community and under other relevant provisi ons relevant provisions of Community III of this Directive and under o th er
and national law.
of Community and national law.
and national law.
relevant provisions of Community
and national law.
6. Where a third-country national -
-
-
staying illegally in the territory of a
Member State holds a valid
residence permit issued by another
Member State, the first Member
State shall refrain from issuing a
return decision where that person
goes back voluntarily to the territory
of the Member State which issued
the residence permit.
7. If a third-country national staying -
-
-
illegally in its territory is the subject
of a pending procedure for renewing
his residence permit or any other
permit offering the right to stay, that
Member State shall refrain from
issuing a return decision, until the
pending procedure is finished.
8. If a third-country national staying -
-
-
illegally in its territory is the subject
of a pending procedure for gran t i ng
his residence permit or any other
permit offering the right to stay, that
Member State may refrain from
issuing a return decision, until the
pending procedure is finished.
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11
Article 6a
Article 6a
Article 6a
Article 6a
Voluntary departure
Voluntary departure
Voluntary departure
Voluntary departure
1. The return decision shall provi de 1. The return decision shall provi de 1. The return decision shall provi de 1. The return decision shall provi de
for an appropriate period for for an appropriate period for for an appropriate period for for an appropriate period for
voluntary departure ranging between voluntary departure ranging between voluntary departure ranging between voluntary departure ranging between
two weeks and one month, wit hou t two weeks
seven days and one two weeks and one month, wit hou t two weeks
seven days and one
prejudice to the exception referred to month
thirty
days,
without prejudice to the exception
s referred month
thirty
days,
without
in paragraphs 2 and 4. (Member prejudice to the exception
s referred to in paragraphs 2 and 4. (Memb er prejudice to the exception
s referred
States may provide in their nati onal to in paragraphs 2 and 4. Member States may provide in their nati onal to in paragraphs 2 and 4. Member
legislation that such period shall States may provide in their nati onal legislation that such period shall States may provide in their nati onal
only be granted following an legislation that such period shall only be granted following an legislation that such period shall
application of the third-country only be granted following an application of the third-country only be granted following an
national concerned. In this case, application of the third-country national concerned. In this case, application of the third-country
Member States shall inform the national concerned. In this case, Member States shall inform the national concerned. In this case,
third-country nationals concerned Member States shall inform the third-country nationals concerned Member States shall inform the
about the possibility of s u bmi tt ing third-country nationals concerned about the possibility of su bmi tt ing third-country nationals concerned
such an application.)
about the possibility of su bmi tt ing such an application.)
about the possibility of su bmi tt ing
such an application.
such an application.
The time period foreseen above
The time period foreseen above
does not exclude the possibility for
does not exclude the possibility for
the
third-country
nationals
the
third-country
nationals
concerned to leave earlier.
concerned to leave earlier.
2. Member States may extend the 2. Member States may extend the 2. Member States may
shall ex t en d 2. Member States may
shal l ,
whe n
period for voluntary departure for an period for voluntary departure for an the period for voluntary departure
this is necessary, extend the peri od
appropriate period, taking into appropriate period, taking into for an appropriate period,
when this for voluntary departure for an
account the specific circumstances account the specific circumstances
is necessary, taking into account the appropriate period,
taking into
of the individual case, such as the of the individual case, such as the specific
circumstances
of
the account the specific circumstances
length of stay, the existence of length of stay, the existence of individual case, such as the length of of the individual case, such as the
children attending school and the children attending school and the stay, the existence of children length of stay, the existence of
existence of other family and so ci al existence of other family and so ci al attending school and the existence of children attending school and the
links.
links.
other family and social links.
existence of other family and so ci al
links.
3. Certain obligations aimed at 3. Certain obligations aimed at 3. Certain obligations aimed at 3. Certain obligations aimed at
avoiding the risk of absconding, avoiding the risk of absconding, avoiding the risk of absconding, avoiding the risk of absconding,
such as regular reporting to the such as regular reporting to the such as regular reporting to the such as regular reporting to the
authorities, deposit of an adequate authorities, deposit of an adequate authorities, deposit of an adequate authorities, deposit of an adequate
25/03/2021 07:23:38
12
financial guarantee, submission of financial guarantee, submission of financial guarantee, submission of financial guarantee, submission of
documents or the obligation t o stay documents or the obligation t o stay documents or the obligation t o stay documents or the obligation t o stay
at a certain place may be imposed at a certain place may be imposed at a certain place may be imposed at a certain place may be imposed
for the duration of that period.
for the duration of that period.
for the duration of that period.
for the duration of that period.
4. If there is a risk of absconding, as 4. If there is a risk of absconding, as 4. If there is a risk of absconding, as 4. If there is a risk of absconding, as
defined in Article 3(h) or if the defined in Article 3(h) or if
an defined in Article 3(h) or if the defined in Article 3(h) or if
an
person concerned poses a risk to
application for a legal stay has person concerned poses a risk to
application for a legal stay has
public security, public order or
been found to be unfounded or public security, public order or
been dismissed as manifestly
national security Member States
based on fraud or if the person national security Member States
unfounded or fraudulent or if the
may refrain from granting a period concerned poses a risk to public may refrain from granting a period person concerned poses a risk to
of voluntary departure.
security, public order or national of voluntary departure.
public security, public order or
security Member States may refrain
national security Member States
from granting a period of volu ntary
may refrain from granting a period
departure
, or grant a period
for of voluntary departure,
or grant
shorter than seven days.
a period shorter than seven days.
Article 7
Article 7
Article 7
Article 7
Article 7
Removal
Removal
Removal order
Removal
Removal
1. Member States shall issue a 1. Member States shall enforce the 1. Member States shall
take all 1. Member States shall enforce the 1. Member States shall
take all
removal order concerning a third-
return decision if no period for
necessary measures to enforce the return decision if no period for
necessary measures to enforce the
country national who is subject o f a voluntary departure has been granted return decision if no period for voluntary departure has been granted return decision if no period for
return decision, if there is a risk of in accordance with Article 6a or if voluntary departure has been granted in accordance with Article 6a or if voluntary departure has been granted
absconding or if the obligation to the obligation to return has not been in accordance with Article 6a or if the obligation to return has not been in accordance with Article 6a or if
return has not been complied with complied with within the period fo r the obligation to return has not been complied with within the period fo r the obligation to return has not been
within the period of voluntary voluntary departure granted in complied with within the period fo r voluntary departure granted in complied with within the period fo r
departure granted in accordance with accordance with Article 6a.
voluntary departure granted in accordance with Article 6a.
voluntary departure granted in
Article 6(2).
accordance with Article 6a.
accordance with Article 6a.
2. The removal order shall specify 2. If the Member State has granted a 2. If the Member State has granted a 2. If the Member State has granted a 2. If the Member State has granted a
the delay within which the remo v al period of voluntary departure in period of voluntary departure in period of voluntary departure in period
for of voluntary departure i n
will be enforced and the co u nt ry of accordance with Article 6a the return accordance with Article 6a the return accordance with Article 6a the return accordance with Article 6a the return
return.
decision can be enforced only after decision can be enforced only after decision can
may be enforced only decision can
may be enforced only
the period has ended, unless d uri ng the period has ended, unless d uri ng after the period has ended, unless after the period has ended, unless
this period, a risk, as defined in this period, a risk, as defined in during this period, a risk, as defin ed during this period, a risk, as defin ed
Article 6a, paragraph 4, arises.
Article 6a, paragraph 4, arises.
referred to in Article 6a, paragrap h
referred to in Article 6a, paragrap h
(4
), arises.
(4
), arises.
3. The removal order shall be issued 3. Member States may adopt a 3. Member States may adopt a 3. Member States may adopt a 3. Member States may adopt a
25/03/2021 07:23:38
13
as a separate act or decision or separate administrative or judicial separate administrative or judicial separate administrative or judicial separate administrative or judicial
together with the return decision.
decision or act ordering the removal. decision or act ordering the removal. decision or act ordering the removal. decision or act ordering the removal.
4. Where Member States use - as a 4. Where Member States use - as a 4. Where Member States use - as a 4. Where Member States use - as a
last resort - coercive measures to last resort - coercive measures to last resort - coercive measures to last resort - coercive measures to
carry out the removal of a third-
carry out the removal of a third-
carry out the removal of a third-
carry out the removal of a third-
country
national
who resists country
national
who resists country
national
who
resists country
national
who
resists
removal, such measures shall be removal, such measures shall be removal, such measures shall be removal, such measures shall be
proportional and shall not exceed proportional and shall not exceed proportional and shall not exceed proportional and shall not exceed
reasonable force. They shall be reasonable force. They shall be reasonable force. They shall be reasonable force. They shall be
implemented as provided for in implemented as provided for in implemented as provided for in implemented as provided for in
national legislation in accordance national legislation in accordance national legislation in accordance national legislation in accordance
with fundamental rights and with with fundamental rights and with with fundamental rights and with with fundamental rights and with
due respect for the dignity and due respect for the dignity and due respect for the dignity and due respect for the dignity and
physical integrity of the third-
physical integrity of the third-
physical integrity of the third-
physical integrity of the third-
country national concerned.
country national concerned.
country national concerned.
country national concerned.
5. In carrying out removals by air, 5. In carrying out removals by air, 5. In carrying out removals by air, 5. In carrying out removals by air,
Member States shall take into Member States shall take into Member States shall take into Member States shall take into
account the common Guidelines o n account the common Guidelines o n account the
Common Guidelines o n account the
Common Guidelines o n
security provisions for joint removal security provisions for joint removal security provisions for joint removal security provisions for joint removal
by air, attached to Decision by air, attached to Decision by air, attached to Decision by air, attached to Decision
2004/573/EC.
2004/573/EC.
2004/573/EC.
2004/573/EC.
6. Relevant national, international 6. Relevant national, international 6. Relevant national, international
6. Member States shall provide for
and non-governmental organisations and non-governmental organisations and non-governmental organisations
an
effective
forced
return
and bodies shall have the possibilit y and bodies shall have the possibilit y and bodies shall have the possibilit y
monitoring system.
to monitor forced return.
to monitor forced return.
to monitor forced return.
Article 8
Article 8
Article 8
Article 8
Article 8
Postponement
Postponement of removal
Postponement of removal
Postponement of removal
Postponement of removal
1. Member States may postpone t h e 1. Member States shall postpone 1. Member States shall postpone 1. Member States shall postpone 1. Member States shall postpone
enforcement of a return decision fo r removal
removal
removal
removal
an appropriate period, taking into - when this would violate the - when this would violate the - when this
it would violate the - when this
it would violate the
account the specific circumstances principle of non-refoulement or
principle of non-refoulement or
principle of non-refoulement or
principle of non-refoulement or
of the individual case.
- as long as suspensive effect is - as long as suspensive effect is - as long as suspensive effect is - as long as suspensive effect is
granted in accordance with Article granted in accordance with Article granted in accordance with Article granted in accordance with Article
12 paragraph 2.
12 paragraph 2.
12 paragraph
(2
).
12 paragraph
(2
).
2. Member States shall postpone th e 2. Member States may postpone 2. Member States may postpone 2. Member States may postpone 2. Member States may postpone
25/03/2021 07:23:38
14
execution of a removal order i n t he removal for an appropriate period removal for an appropriate period removal for an appropriate period removal for an appropriate period
following circumstances, for as long taking into account the specific taking into account the specific taking into account the specific taking into account the specific
as those circumstances prevail:
circumstances of the individual case. circumstances of the individual case. circumstances of the individual case. circumstances of the individual case.
Member States shall in particular Member States shall in particular Member States shall in particular Member States shall in particular
take into account:
take into account:
take into account:
take into account:
- the person's physical state or - the person's physical state or - the person's physical state or - the person's physical state or
mental capacity;
mental capacity;
mental capacity;
mental capacity;
- technical reasons, such as lack of - technical reasons, such as lack of - technical reasons, such as lack of - technical reasons, such as lack of
transport capacity, or failure of the transport capacity, or failure of the transport capacity, or failure of the transport capacity, or failure of the
removal due to lack of identification. removal due to lack of identification. removal due to lack of identification. removal due to lack of identification.
(a) inability of the third-country -
-
-
national to travel or to be transported
to the country of return due to his or
her physical state or mental capacity;
(b) technical reasons, such as lack of -
-
-
transport
capacity
or
other
difficulties making it impossi bl e t o
enforce the removal in a humane
manner and with full respect for t h e
third-country national’s fundamental
rights and dignity;
(c)
lack
of
assurance
that -
-
-
unaccompanied minors can be
handed over at the point of departure
or upon arrival to a family memb er,
an equivalent representative, a
guardian of the minor or a
competent official of the count ry of
return, following an assessment of
the conditions to which the minor
will be returned.
3. If enforcement of a return 3. If a removal is postponed as 3. If a removal is postponed as 3. If a removal is postponed as 3. If a removal is postponed as
decision or execution of a removal provided for in paragraphs 1 an d 2 , provided for in paragraphs 1 an d 2 , provided for in paragraphs 1 an d 2 , provided for in paragraphs 1 an d 2 ,
order is postponed as provided for in the obligations foreseen in Article 6a the obligations foreseen in Article 6a the obligations foreseen in Article 6a the obligations foreseen in Article 6a
paragraphs
1
and
2, certain paragraph 3 may be imposed on t he paragraph 3 may be imposed on t he paragraph
(3
) may be imposed on paragraph
(3
) may be imposed on
obligations may be imposed on t he third country national concerned.
third country national concerned.
the third
-country national concerned. the third
-country national concerned.
third country national concerned,
with a view to avoiding t he ri sk o f
25/03/2021 07:23:38
15
absconding,
such
as
regular
reporting to the authorities, dep o si t
of a financial guarantee, submissi on
of documents or the obligation to
stay at a certain place.
Article 8a
Article 8a
Return and removal of
Article 8a
Article 8a
Return and removal of
Return and removal of
Return and removal of
unaccompanied minors
unaccompanied minors
unaccompanied minors
unaccompanied minors
(1) Before deciding to issue a retu rn (1) Before deciding to issue a retu rn 1
. Before deciding to issue a ret u rn 1
. Before deciding to issue a ret u rn
decision
in
respect
of
an decision
in
respect
of
an decision
in
respect
of
an decision
in
respect
of
an
unaccompanied minor, assistance by unaccompanied minor, assistance by unaccompanied minor, assistance by unaccompanied minor, assistance by
appropriate social services shall be appropriate
social
services appropriate social services shall be appropriate social services
bodies
granted with due consideration given
assistance shall be granted with due granted with due consideration given
other
than
the
authorities
to the best interest of the child.
consideration given to the best to the best interest of the child.
enforcing return shall be granted
interest of the child.
with due consideration given to the
best interest of the child.
(2)
Before
removing
an (2)
Before
removing
an 2
.
Before
removing
an 2
.
Before
removing
an
unaccompanied minor from its unaccompanied minor from its unaccompanied minor from its unaccompanied minor from its
territory, the authorities of the territory, the authorities of the territory, the authorities of the territory, the authorities of the
Member State shall be satisfied t h at Member State shall be satisfied t h at Member State shall be satisfied t h at Member State shall be satisfied t h at
he/she will be returned to a memb er he/she will be returned to a memb er he/she will be returned to a memb er he/she will be returned to a memb er
of his/her family, a nominated of his/her family, a nominated of his/her family, a nominated of his/her family, a nominated
guardian or adequate reception guardian or adequate reception guardian or adequate reception guardian or adequate reception
facilities in the state of return.
facilities in the state of return.
facilities in the state of return.
facilities in the state of return.
Article 9
Article 9
Article 9
Article 9
Article 9
Re-entry ban
Entry ban
Entry ban
Entry ban
Entry ban
1. Removal orders shall include a re-
1. Return decisions shall be 1. Return decisions shall be 1. Return decisions shall be 1. Return decisions shall be
entry ban of a maximum of 5 years.
accompanied by an entry ban
accompanied by an entry ban
accompanied by an entry ban
accompanied by an entry ban
- if no period for voluntary departure - if no period for voluntary departure - if no period for voluntary departure - if no period for voluntary departure
has been granted or,
has been granted or,
has been granted or,
has been granted or,
- if the obligation to retu rn has n ot - if the obligation to retu rn has n ot - if the obligation to retu rn has n ot - if the obligation to retu rn has n ot
25/03/2021 07:23:38
16
been complied with within the been complied with within the been complied with within the been complied with. within the
period granted in accordance with period granted in accordance with period granted in accordance with period granted in accordance with
Article 6a.
Article 6a.
Article 6a.
Article 6a.
In other cases return decisions may In other cases return decisions may In other cases return decisions may In other cases return decisions may
be accompanied by an entry ban.
be accompanied by an entry ban.
be accompanied by an entry ban.
be accompanied by an entry ban.
Return decisions may include such a -
-
-
re-entry ban.
2. The length of the re-entry ban 2. The length of the entry ban shal l 2. The length of the entry ban shal l 2. The length of the entry ban shal l 2. The length of the entry ban shal l
shall be determined with due reg ard be determined with due regard to al l be determined with due regard to al l be determined with due regard to al l be determined with due regard to al l
to all relevant circumstances of the relevant
circumstances
of
the relevant
circumstances
of
the relevant
circumstances
of
the relevant
circumstances
of
the
individual case, and in part i cul ar i f individual case and shall not in individual case and shall not in individual case and shall not in individual case and shall not in
the third-country national concerned: principle exceed five years. It may principle exceed five years. It may principle exceed five years. It may principle exceed five years. It may
exceed five years if the third-country exceed five years if the third-country exceed five years if the third-country exceed five years if the third-country
national represents a serious threat to national represents a seriousthreat to national represents a serious threat to national represents a serious threat to
public policy or public security or to public policy or, public security o r , public policy or public security or to public policy or
, public security or to
national security.
to national security
, repeatedly and national security.
national security.
intentionally infringes national
legislation or repeatedly and
intentionally does not respect
decisions of competent national
authorities.
(a) is the subject of a removal o rder -
-
-
for the first time;
(b) has already been the subject of -
-
-
more than one removal order;
(c) entered the Member State during -
-
-
a re-entry ban;
(d) constitutes a threat to public -
-
-
policy or public security.
The re-entry ban may be issued for a -
-
-
period exceeding 5 years where the
third-country national concerned
constitutes a serious threat to publi c
25/03/2021 07:23:38
17
policy or public security.
3. The re-entry ban may be 3. Member States shall withdraw the 3
. (moved to the end of the 3. Member States shall withdraw the 3
. Member States shall withdraw
withdrawn, in particular in cases i n entry ban, if a third-country national
paragraph): Member States shall entry ban, if a third-country national
consider
withdrawing
or
which the third-country national who is subject of an entry ban issued withdraw
- upon request - consider who is subject of an entry ban issued
suspending an the entry ban if
concerned :
in accordance with paragraph 1
withdrawing or suspending an the in accordance with paragraph 1
where a third-country national who
second subparagraph reports back to entry ban if
where a third-country second subparagraph reports back to is
the subject of an entry ban issu ed
a consular post of the Member Stat e national who is
the subject of an a consular post of the
a Member in accordance with paragraph 1,
in a third country following h is/h er entry ban issued in accordance wi t h State in a third country following second subparagraph, reports back to
voluntary
departure
in
full paragraph 1 second subparagraph his/her voluntary departure in full a consular post of the Member Stat e
compliance with the return decision. reports back to a consular post of the compliance with the return decision.
in a third country following h is/h er
Member State in a third country
voluntary
departure
can
following
his/her
voluntary
demonstrate that he/she has left
departure .
can demonstrate that
the territory of a Member State in
he/she has left the territory of a
full compliance with
a return
Member State in full compliance
decision.
with
a return decision.
Third-country nationals co-operating Third-country nationals co-operating Third-country nationals co-operating Third-country nationals co-operating
within
a
police
or
judicial within
a
police
or
judicial within
a
police
or
judicial within
a
police
or
judicial
investigation, notably related to investigation, notably related to investigation, notably related to investigation, notably related to
trafficking in human beings shall not trafficking in human beings
Victims trafficking in human beings shall not trafficking in human beings
Victims
be subject to an entry ban without
of trafficking in human beings be subject to an entry ban without
of trafficking in human beings
prejudice to paragraph 1, first
who have been granted a residence prejudice to paragraph 1, first
who have been granted a residence
subparagraph, second indent.
permit
pursuant
to
Council subparagraph, second indent.
permit
pursuant
to
Council
Directive 2004/81/EC shal l n ot b e
Directive 2004/81/EC shal l n ot b e
subject of an entry ban without
subject of an entry ban without
prejudice to paragraph 1, first
prejudice to paragraph 1, first
subparagraph, second indent
and
subparagraph, second indent
and
provided that the third-country
provided that the third-country
national
concerned
does
not
national
concerned
does
not
represent a threat to public policy,
represent a threat to public policy,
public
security
or
national
public
security
or
national
security.
security.
Member States may refrain from Member States may refrain from Member States may refrain from
imposing the entry ban
issuing, imposing the entry ban, withdraw i t imposing the entry ban
issuing,
Member States may refrain from withdraw it or suspend it,
an e ntr y or suspend it, in individual cases o r withdraw it or suspend it,
an e ntr y
imposing the entry ban, withdraw i t
ban in individual cases or certain certain categories of cases for
ban in individual cases or certain
or suspend it, in individual cases o r categories of casesfor humanitarian humanitarian or other reasons.
categories of casesfor humanitarian
certain categories of cases for or other reasons.
or other reasons
25/03/2021 07:23:38
18
humanitarian or other reasons.
Member States may withdraw or
suspend an entry ban in individual
cases or certain categories of cases
for other reasons.
(a) is the subject of a return decision -
-
-
or a removal order for the first time;
(b) has reported back to a consular -
-
-
post of a Member State;
(c) has reimbursed all costs of his -
-
-
previous return procedure.
4. The re-entry ban may be 4. Where a Member State consi ders 4. Where a Member State consi ders 4. Where a Member State consi ders 4. Where a Member State consi ders
suspended on an exceptional and issuing a residence permit or another issuing a residence permit or another issuing a residence permit or another issuing a residence permit or another
temporary basis in appropriate authorisation offering a right to stay authorisation offering a right to stay authorisation offering a right to stay authorisation offering a right to stay
individual cases.
to a third-country national who is to a third-country national who is to a third-country national who is to a third-country national who is
subject of an entry ban issued by subject of an entry ban issued by subject of an entry ban issued by subject of an entry ban issued by
another Member State, it shall first another Member State, it shall first another Member State, it shall first another Member State, it shall first
consult the Member State having consult the Member State having consult the Member State having consult the Member State having
issued the entry ban and shall take issued the entry ban and shall take issued the entry ban and shall take issued the entry ban and shall take
account of its interests in accordance account of its interests in accordance account of its interests in accordance account of its interests in accordance
with the provisions of Articl e 2 5 of with the provisions of Articl e 2 5 of with the provisions of Articl e 2 5 of with the provisions of Articl e 2 5 of
the Convention Implementing the the Convention Implementing the the Convention Implementing the the Convention Implementing the
Schengen Agreement.
Schengen Agreement.
Schengen Agreement.
Schengen Agreement.
5. Paragraphs 1 to 4 apply wit hout 5. Paragraphs 1 to 4 apply wit hout 5. Paragraphs 1 to 4 apply wit hout 5. Paragraphs 1 to 4 apply wit hout 5. Paragraphs 1 to 4 apply wit hout
prejudice to the right to seek asylum prejudice to the right to international prejudice to the right to international prejudice to the right to international prejudice to the right to international
in one of the Member States.
protection as defined in Article 2 (a) protection as defined in Article 2 (a) protection as defined in Article 2 (a) protection as defined in Article 2 (a)
of Directive 2004/83/EC in the of Directive 2004/83/EC in the of Directive 2004/83/EC in the of Directive 2004/83/EC in the
Member States.
Member States.
Member States.
Member States.
-
-
-
Article 10
Removal
1. Where Member States use -
-
-
coercive measures to carry out the
removal of a third-country nat ion al
who resists removal, such measu res
25/03/2021 07:23:38
19
shall be proportional an d shal l n ot
exceed reasonable force. They shall
be implemented in accordance wi t h
fundamental rights and with due
respect for the dignity of the third-
country national concerned.
2. In carrying out removals, Member -
-
-
States shall take into account the
common Guidelines on security
provisions for joint removal by ai r,
attached to Decision 2004/573/EC.
Chapter III
Chapter III
Chapter III
Chapter III
Chapter III
PROCEDURAL SAFEGUARDS
PROCEDURAL SAFEGUARDS
PROCEDURAL SAFEGUARDS
PROCEDURAL SAFEGUARDS
PROCEDURAL SAFEGUARDS
Article 11
Article 11
Article 11
Article 11
Article 11
Form
Form
Form
Form
Form
1. Return decisions and removal 1. Return decisions, and - when 1. Return decisions and - wh en –
i f 1. Return decisions, and - when 1. Return decisions and - wh en –
i f
orders shall be issued in writing. issued - entry-ban decisions and issued - entry-ban decisions and issued - entry-ban decisions and issued - entry-ban decisions and
Member States shall ensure that th e decisions on removal, shall be issued decisions on removal, shall be issued decisions on removal, shall be issued decisions on removal, shall be issued
reasons in fact and in law are st at ed in writing and give reasons in fact in writing and give reasons in fact in writing and give reasons in fact in writing and give reasons in fact
in the decision and/or order and that and in law as well as information and in law as well as information and in law as well as information and in law as well as information
the third-country national concerned about available legal remedies.
about available legal remedies.
about available legal remedies.
about available legal remedies.
is informed about the available legal
remedies in writing.
The information on reasons in fact The information on reasons in fact The information on reasons in fact The information on reasons in fact
may be limited where national law may be limited where national law may be limited where national law may be limited where national law
allows for the right of information to allows for the right of information to allows for the right of information to allows for the right of information to
be restricted, in particular in order to be restricted, in particular in order to be restricted, in particular in order to be restricted, in particular in order to
safeguard national security, defence, safeguard national security, defence, safeguard national security, defence, safeguard national security, defence,
public security and the prev en ti on, public security and the prev en ti on, public security and the prev en ti on, public security and the prev en ti on,
investigation,
detention
and investigation,
detention
and investigation,
detention
and investigation,
detention
and
prosecution of criminal offences.
prosecution of criminal offences.
prosecution of criminal offences.
prosecution of criminal offences.
2. Member States shall provide, 2. Member States shall provide, 2. Member States shall provide, 2. Member States shall provide, 2. Member States shall provide,
upon request, a written or oral upon request, a written or oral upon request, a written or oral upon request, a written or oral upon request, a written or oral
translation of the main elements of translation of the main elements of translation of the main elements of translation of the main elements of translation of the main elements of
25/03/2021 07:23:38
20
the return decision and/or removal decisions related to return as defined decisions related to return as defined decisions related to return
, as decisions related to return
, as
order in a language the third-country in
paragraph
1,
including in
paragraph
1,
including defined
referred to in paragraph 1, defined
referred to in paragraph 1,
national
may
reasonably
be information on the available legal information on the available legal including information on the including information on the
supposed to understand.
remedies in a language the third-
remedies in a language the third-
available legal remedies in a available legal remedies in a
country national understands or may country national understands or may language the third-country nat io nal language the third-country nat io nal
reasonably
be
supposed
to reasonably
be
supposed
to understands or may reasonably be understands or may reasonably be
understand.
understand.
supposed to understand.
supposed to understand.
3. With regard to persons who h av e 3. With regard to persons who h av e 3. With regard to persons who h av e 3.
Member States may not apply
illegally entered the territory of a illegally entered the territory of a illegally entered the territory of a
paragraph 2 with regard to persons
Member State and who have not Member State and who have not Member State and who have not who have illegally entered the
subsequently
obtained
an subsequently
obtained
an subsequently
obtained
an territory of a Member State and who
authorisation to stay in that Member authorisation to stay in that Member authorisation
a right to stay i n t hat have not subsequently ob tai ned an
State paragraph 2 does not apply.
State paragraph 2 does not apply.
Member State paragraph 2 does no t authorisation
or a right to stay in
apply.
that Member State paragraph 2 does
In those cases decisions related to In those cases decisions related to
not apply.
return, as defined in paragraph 1, return, as defined in paragraph 1, In those cases decisions related to
shall be given by means of a shall be given by means of a return, as defined
referred to in In those
this cases decisions relat ed
standard form as set out in Annex I.
standard form as set out in Annex I.
paragraph 1, shall be given by means to return, as defined
referred to in
of a standard form as set out in paragraph 1, shall be given by means
Member States shall make availabl e Member States shall make availabl e Annex
I.
The
personal of a standard form as set out in
generalised
information
sheets generalised
information
sheets
circumstances of the individual Annex
I.
under
national
explaining the main elements of t h e explaining the main elements of t h e
third-country national are taken legislation.
standard form in at least five of standard form in at least five of
into account at all times.
those languages, which are most those languages, which are most
Member States shall make availabl e
frequently used or understood by frequently used or understood by Member States shall make availabl e generalised
information
sheets
illegal
migrants
entering
the illegal
migrants
entering
the generalised
information
sheets explaining the main elements of t h e
Member State concerned.
Member State concerned.
explaining the main elements of t h e standard form in at least five of
standard form in at least five of those languages, which are most
those languages, which are most frequently used or understood by
frequently used or understood by illegal
migrants
entering
the
illegal
migrants
entering
the Member State concerned.
Member State concerned.
Article 12
Article 12
Article 12
Article 12
Article 12
Remedies
Remedies
Judicial remedies
Remedies
Remedies
1. Member States shall ensure that 1. The third-country national 1. The third-country national 1. The third-country national 1. The third-country national
the third-country national concerned concerned shall be afforded an concerned shall be afforded an concerned shall be afforded an concerned shall be afforded an
has the right to an effective jud i ci al effective remedy to appeal against or effective remedy to appeal against or effective remedy to appeal against or effective remedy to appeal against or
25/03/2021 07:23:38
21
remedy before a court or tribunal to seek review of decisions related to seek review of decisions related to seek review of decisions related to seek review of decisions related to
appeal against or to seek review of a return, as defined in Article 11(1) return, as defined in Article 11(1) return, as defined
referred to in return, as defined
referred to in
return decision and/or removal before a competent judicial or before a competent judicial or Article 11(1)
, before a competent Article 11(1), before a competent
order.
administrative
authority or a administrative
authority or a judicial or administrative au t ho rit y judicial or administrative au t ho rit y
competent body composed of competent body composed of or a
tribunal competent body or a competent body composed of
members who are impartial and who members who are impartial and who composed of members who are members who are impartial and who
enjoy safeguards of independence.
enjoy safeguards of independence.
impartial and who enjoy safegu ard s enjoy safeguards of independence.
of independence.
2. The judicial remedy shall either 2. The above mentioned authority or 2. The above mentioned authority or 2. The above mentioned authority or 2. The above mentioned authority or
have suspensive effect or comprise body shall have the power to review body shall have the power to review body shall have the power to review body shall have the power to review
the right of the third country national decisions related to return, as decisions related to return, as decisions related to return, as decisions related to return, as
to apply for the suspension of the defined in Article 11(1) including defined in Article 11(1) including defined
referred to in Article 11(1)
, defined
referred to in Article 11(1),
enforcement of the return decision or the possibility of temporarily the possibility of temporarily including
the
possibility
of including
the
possibility
of
removal order in which case the suspending its execution.
suspending its execution
, unless temporarily
suspending
its temporarily suspending its execution
return decision or removal order
temporary suspension is already execution.
enforcement, unless temporary
shall be postponed until it is
applicable
under
national
suspension is already applicable
confirmed or is no longer subject t o
legislation.
under national legislation.
a remedy which has suspensive
effects.
3. Member States shall ensure that 3. The third-country national 3. The third-country national 3. The third-country national 3. The third-country national
the third-country national concerned concerned shall have the possibi li ty concerned shall have the possibi li ty concerned shall have the possibi li ty concerned shall have the possibi li ty
has the possibility to obtain legal to obtain legal advice, representation to obtain legal advice, representation to obtain legal advice, representation to obtain legal advice, representation
advice, representation and, where and, where necessary, linguistic and, where necessary, linguistic and, where necessary, linguistic and, where necessary, linguistic
necessary,
linguistic assistance. assistance.
assistance.
assistance.
assistance.
Legal aid shall be made available t o
those who lack sufficient resources
insofar as such aid is necessary to
ensure effective access to justice.
4. If the third-country national 4. If the third-country national 4. If the third-country national 4. If the third-country national
concerned does not have sufficient concerned does not have sufficient concerned does not have sufficient concerned does not have sufficient
means to pay for necessary legal means to pay for necessary legal means to pay for necessary legal means to pay for necessary legal
assistance, he/she shall be given it assistance
aid, he/she shall be given assistance, he/she shall be given it assistance
aid, he/she shall be given
free of charge, in accordance with it free of charge, in accordance wi t h free of charge, in accordance with it free of charge, in accordance wi t h
procedures
established
under procedures
established
under procedures
established
under procedures
established
under
national legislation.
national legislation
the relevant national legislation.
national legislation
the relevant
national rules regarding legal aid.
national rules regarding legal aid.
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22
Article 13
Article 13
Article 13
Article 13
Article 13
Safeguards pending return
Safeguards pending return
Safeguards pending return
Safeguards pending return
Safeguards pending return
1. Member States shall ensure that 1. Member States shall ensure that 1. Member States shall
, with the 1. Member States shall ensure that 1. Member States shall
, with the
the conditions of stay of third-
the following principles are taken
exception of the situation covered the following principles are taken
exception of the situation covered
country nationals for whom the into account as far as possible in
in Articles 15 and 15a ensure that into account as far as possible in
in Articles 15 and 15a, ensure that
enforcement of a return decision has relation to third-country nationals the following principles are taken relation to third-country nationals the following principles are taken
been postponed or who cannot be during the period of voluntary into account as far as possible in during the period of voluntary into account as far as possible in
removed for the reasons referred to departure granted in accordance with relation to third-country nationals departure granted in accordance with relation to third-country nationals
in Article 8 of this Directive are n o t Article 6a and during periods for during the period of voluntary Article 6a and during periods for during the period
for of voluntary
less favourable than those set out in which removal has been postpo ned departure granted in accordance with which removal has been postpo ned departure granted in accordance with
Articles 7 to 10, Article 15 and in accordance with Article 8:
Article 6a and during periods for in accordance with Article 8:
Article 6a and during periods for
Articles 17 to 20 of Directive - family unity with family members which removal has been postpo ned - family unity with family members which removal has been postpo ned
2003/9/EC.
present
in
their
territory
is in accordance with Article 8:
present
in
their
territory
is in accordance with Article 8:
maintained;
-
Family unity with family members maintained;
- family unity with family members
-
emergency health care and present
in
their
territory
is -
emergency health care and present
in
their
territory
is
essential treatment of illness is maintained;
essential treatment of illness is maintained;
provided;
-
Emergency health care and provided;
-
emergency health care and
- minors are granted access to the essential treatment of illness is - minors are granted access to the essential treatment of illness is
basic education system subject to the provided;
basic education system subject to the provided;
length of their stay;
-
Minors are granted access to the length of their stay;
- minors are granted access to the
- special needs of vulnerable persons basic education system subject to the - special needs of vulnerable persons basic education system subject to the
are taken into account.
length of their stay;
are taken into account.
length of their stay;
-
Special needs of vulnerable
- special needs of vulnerable persons
persons are taken into account.
are taken into account.
2. Member States shall prov ide t h e 2. Member States shall prov ide t h e 2. Member States shall prov ide t h e 2. Member States shall prov ide t h e 2. Member States shall prov ide t h e
persons referred to in paragraph 1 persons referred to in paragraph 1 persons referred to in paragraph 1 persons referred to in paragraph 1 persons referred to in paragraph 1
with a written confirmation that t he with a written confirmation in with a written confirmation in with a written confirmation in with a written confirmation in
enforcement of the return decision accordance with national legislati on accordance with national legislati on accordance with national legislati on accordance with national legislati on
has been postponed for a specified that the period for voluntary that the period for voluntary that the period for voluntary that the period for voluntary
period or that the removal order will departure has been extended in departure has been extended in departure has been extended in departure has been extended in
temporarily not be executed.
accordance with Article 6a or that accordance with Article 6a or that accordance with Article 6a
(2) or that accordance with Article 6a
(2) or that
the return decision will temporari l y the return decision will temporari l y the return decision will temporari l y the return decision will temporari l y
not be enforced.
not be enforced.
not be enforced.
not be enforced.
25/03/2021 07:23:38
23
Chapter IV
Chapter IV
Chapter IV
Chapter IV
Chapter IV
TEMPORARY CUSTODY FOR
DETENTION FOR THE PURPOSE DETENTION FOR THE PURPOSE DETENTION FOR THE PURPOSE DETENTION FOR THE PURPOSE
THE PURPOSE OF REMOVAL
OF REMOVAL
OF REMOVAL
OF REMOVAL
OF REMOVAL
Article 14
Article 14
Article 14
Article 14
Article 14
Temporary custody
Detention
Detention
Detention
Detention
1. Where there are serious grounds 1. Unless other sufficient but less 1. Unless other sufficient but less 1. Unless other sufficient but less 1. Unless other sufficient but less
to believe that there is a risk of coercive measures can be applied i n coercive measures can be applied coercive measures can be applied i n coercive measures can be applied
absconding and where it woul d n ot the concrete case, Member States
effectively in the concrete case, the concrete case, Member States
effectively in the concrete case,
be sufficient to apply less coercive shall keep in detention a third-
Member States shall
may keep in shall keep in detention a third-
Member States shall
may only k eep
measures, such as regular reporting country national, who is subj ect o f detention a third-country national, country national, who is subj ect o f in detention a third-country national,
to the authorities, the deposit of a return procedures, when this is who is subject of
to return return procedures, when this is who is subject
to of return
financial guarantee, the handing over necessary to prepare return and/or procedures, when this is necessary necessary to prepare return and/or procedures, when this is necessary
of documents, an obligation to st ay carry out the removal process and
in order to prepare return and/or carry out the removal process and
in order to prepare return and/or
at a designated place or other - there are serious grounds to believe carry out the removal process and,
in - there are serious grounds to believe carry out the removal process and,
in
measures to prevent that risk, that there is a risk of absconding or
particular when
that there is a risk of absconding or
particular when
Member States shall keep under - the third country national - there are serious grounds to believe -
the
third
-country
national - there are serious grounds to believe
temporary custody a third-country concerned avoids or hampers the that
concerned avoids or hampers the that there is a risk of absconding or
national, who is or will be subject o f preparation of return or the remo val - there is a risk of absconding or
preparation of return or the remo val -
the
third-country
national
a removal order or a return decision,
process.
- the third country national process.
concerned avoids or hampers the
concerned avoids or hampers the
preparation of return or the remo val
Any detention shall be for as short a preparation of return or the remo val Any detention shall be for as short a process.
period as possible and only process.
period as possible and only
maintained as long as removal
maintained as long as removal Any detention shall be for as short a
arrangements are in progress and Any detention shall be for as short a arrangements are in progress and period as possible and only
executed with due diligence.
period as possible and only executed with due diligence.
maintained as long as removal
maintained as long as removal
arrangements are in progress and
arrangements are in progress and
executed with due diligence.
executed with due diligence.
2. Temporary custody orders shall 2. Detention shall be ordered by 2. Detention shall be ordered by 2. Detention shall be ordered by 2. Detention shall be ordered by
be issued by judicial authoriti es. In administrative or judicial authorities. administrative or judicial authorities. administrative or judicial authorities. administrative or judicial authorities.
urgent cases they may be issued by When detention has been ordered by When detention has been ordered by
Detention orders shall be issued in Detention shall be ordered in
administrative authorities, in wh ich administrative authorities, Member administrative authorities, Member
writing and give reasons in fact writing with reasons in fact and in
case the temporary custody order States shall
States shall
and in law.
law.
shall be confirmed by judicial - either provide for a judicial review - either provide for a judicial review When detention has been ordered by
25/03/2021 07:23:38
24
authorities within 72 hours from t h e of the lawfulness of detention to b e of the lawfulness of detention to b e administrative authorities, Member When detention has been ordered by
beginning of the temporary custody. decided on within 72 hours from the decided on within 72 hours
speedily States shall
administrative authorities, Member
beginning of detention,
from the beginning of detention,
- either provide for a judicial review States shall
- or grant the third-country nat i onal - or grant the third-country nat i onal of the lawfulness of detention to b e - either provide for a
speedy judicial
concerned the right to take concerned the right to take decided on within 72 hours from the review of the lawfulness of detention
proceedings by which the lawfulness proceedings by which the lawfulness beginning of detention,
to be decided on within 72 hours
as
of detention shall be subject to a of detention shall be subject to a - or grant the third-country nat i onal
speedily as possible from the
speedy judicial review to be decided speedy judicial review to be decided concerned
the
right
to
take beginning of detention,
on within 72 hours from the l au n ch on within 72 hours
speedily from proceedings by which the lawfulness - or grant the third-country nat i onal
of the relevant proceedings; in this the
launch
of
the
relevant of detention shall be subject to a concerned
the
right
to
take
case
Member
States
shall proceedings; in this case Member speedy judicial review to be decided proceedings by which the lawfulness
immediately inform the third-
States shall immediately inform t he on within 72 hours from the l au n ch of detention shall be subject to a
country national concerned about the third-country national concerned of the relevant proceedings; in this speedy judicial review to be decided
possibility of submitting such an about the possibility of su bmi tt ing case
Member
States
shall on within 72 hours
as speedily as
application.
such an application.
immediately inform the third-
possible from the launch of the
The third country national concerned The third country national concerned country national concerned about the relevant proceedings; in this case
shall be released immediately if the shall be released immediately if the possibility of submitting such an Member States shall immediately
detention is not lawful.
detention is not lawful.
application.
inform the third-country national
The
third
-country
national concerned about the possibility of
concerned
shall
be
released submitting such an application.
immediately if the detention is not
lawful.
The third country national concerned
shall be released immediately if the
detention is not lawful.
3. Temporary custody orders shall 3. In every case, detention shall be 3. In every case, detention shall be 3. In every case, detention shall be 3. In every case, detention shall be
be subject to review by judicial reviewed at reasonable intervals of reviewed at reasonable intervals of reviewed at reasonable intervals of reviewed at reasonable intervals of
authorities at least once a month.
time. In the case of prolonged time. In the case of prolonged time
, at least every month. In the time
either on application by the
detention periods, reviews shall be detention periods, reviews shall be case of prolonged detention periods,
third-country national concerned
subject to the supervision of a subject to the supervision of a reviews shall be subject to the
or ex officio. In the case of
judicial authority.
judicial authority.
The Member supervision of a judicial authority.
prolonged detention periods, reviews
States may, inter alia, start this
shall be subject to the supervision of
procedure commensurate with the
a judicial authority.
application by the third country
national concerned.
3a. When it appears that a
reasonable prospect of removal no
longer exists for legal or other
considerations or the conditions lai d
down in paragraph 1 no longer exist,
25/03/2021 07:23:38
25
detention ceases to be justified and
the person concerned shall be
released immediately.
4. Temporary custody may be 4. Detention shall be maintained fo r 4. Detention shall be maintained fo r 4. Detention shall be maintained fo r 4. Detention shall be maintained fo r
extended by judicial authorities t o a as long a period as the conditions as long a period as the conditions as long a period as the conditions as long a period as the conditions
maximum of six months.
laid down in paragraph 1 are laid down in paragraph 1 are laid down in paragraph 1 are laid down in paragraph 1 are
fulfilled and it is necessary to ensure fulfilled and it is necessary to ensure fulfilled and it is necessary to ensure fulfilled and it is necessary to ensure
successful removal. The maximum successful removal. The
Without successful removal. The maximum successful removal.
Each Member
period of detention, subject to
prejudice to paragraph 5, the period of detention, subject to
State shall set a limited period of
paragraph 5, may not exceed a maximum period of detentionsubject paragraph 5, may not exceed a
detention, which may not exceed
period of XX months.
to paragraph 5,
as set out by period of XX months.
six months. The maximum period of
national legislation, may not exceed
detention, subject to paragraph 5,
a period of XX
six months.
may not exceed a period of XX
months.
5. Member States may exceptionally 5. Member States may exceptionally 5. Member States may exceptionally 5.
Member
States
may
not
extend this period up to XX mon ths
without prejudice to paragraph 6 extend this period up to XX mon ths exceptionally extend
the this peri o d
in cases where regardless of all thei r extend this period up to XX in cases where regardless of all thei r up to XX months
referred to in
reasonable
efforts the removal
eighteen months in cases where reasonable
efforts the removal
paragraph 4 except for a limited
operation is likely to last longer
regardless of all their reasonable operation is likely to last longer
period not exceeding a further 12
- due to a lack of co-operation by the efforts the removal operation is - due to a lack of co-operation by the
months
in
accordance
with
third country national concerned or
likely to last longer
third
-country national concerned or
national law
in
cases where
- due to delays in obtaining - due to a lack of co-operation by the - due to delays in obtaining regardless of all their reasonable
necessary documentation from thi rd third country national concerned or
necessary documentation from thi rd efforts the removal operation is
countries, or
-due to delays in obtaining necessary countries
caused by the third-
likely to last longer
- due to pending appeal procedures.
documentation from third countries,
country national concerned, or
- due to a lack of co-operation by the
or
- due to pending appeal procedures.
third
-country national concerned or
- due to pending appeal procedures.
- due to delays in obtaining
necessary documentation from thi rd
countries.
or
- due to pending appeal procedures.
6. When it appears that a reasonab le 6. When it appears that a reasonab le 6. When it appears that a reasonab le
moved to paragraph 3a
prospect of removal no longer exists prospect of removal no longer exists prospect of removal no longer exists
for legal or other considerations or for legal or other considerations or for legal or other considerations or
the conditions laid down in the conditions laid down in the conditions laid down in
paragraph 1 no longer exist, paragraph 1 no longer exist, paragraph 1 no longer exist,
detention ceases to be justified and detention ceases to be justified and detention ceases to be justified and
the person concerned shall be the person concerned shall be the person concerned shall be
released immediately.
released immediately.
released immediately.
25/03/2021 07:23:38
26
Article 15
Article 15
Article 15
Article 15
Article 15
Conditions of detention
Conditions of temporary custody
Conditions of detention
Conditions of detention
Conditions of detention
1. Member States shall ensure that -
-
-
third-country
nationals
under
temporary custody are treated in a
humane and dignified manner wi t h
respect for their fundamental rights
and in compliance with international
and national law. Upon request they
shall be allowed without delay to
establish
contact
with
legal
representatives, family members and
competent consular authorities as
well as with relevant international
and non-governmental organisations.
2. Temporary custody shall be 1. Detention shall be carried out as a 1. Detention shall be carried out as a 1. Detention shall be carried out as a 1. Detention shall be carried out as a
carried out in specialised temporary rule
in
specialised
detention rule
in
specialised
detention rule
in
specialised
detention rule
in
specialised
detention
custody facilities. Where a M emb er facilities. Where a Member State facilities. Where a Member State facilities. Where a Member State facilities. Where a Member State
State cannot provide accommodation cannot provide accommodation in a cannot provide accommodation in a cannot provide accommodation in a cannot provide accommodation in a
in a specialised temporary custody specialised detention facility and has specialised detention facility and has specialised detention facility and has specialised detention facility and has
facility and has to resort to prison to resort to prison accommodat i on, to resort to prison accommodat i on, to resort to prison accommodat i on, to resort to prison accommodat i on,
accommodation, it shall ensure t hat the third-country nationals under the third-country nationals under the third-country nationals under the third-country nationals under
third-country
nationals
under detention shall be separated from detention shall be separated from detention shall be separated from detention shall be separated from
temporary custody are perman en t l y ordinary prisoners.
ordinary prisoners.
ordinary prisoners.
ordinary prisoners.
physically separated from ordinary
prisoners.
2. Third-country nationals under 2. Third-country nationals under 2. Third-country nationals under 2. Third-country nationals under
detention shall be allowed - upon detention shall be allowed upon detention shall be allowed - upon detention shall be allowed - upon
request - to establish in due time request - to establish in due time request - to establish in due time request - to establish in due time
contact with legal representatives, contact with legal representatives, contact with legal representatives, contact with legal representatives,
family members and competent family members and competent family members and competent family members and competent
consular authorities as well as wi t h consular authoritiesas well as with consular authorities as well as wi t h consular authoritiesas well as with
relevant national, internati onal an d relevant national, internati onal an d relevant national, internati onal an d relevant national, internati onal an d
non-governmental organisations and non-governmental organisations and non-governmental organisations and non-governmental organisations and
bodies.
bodies.
bodies.
bodies.
25/03/2021 07:23:38
27
3. Particular attention shall be p ai d 3. Particular attention shall be p ai d 3. Particular attention shall be p ai d 3. Particular attention shall be p ai d 3. Particular attention shall be p ai d
to the situation of vulnerable to the situation of vulnerable to the situation of vulnerable to the situation of vulnerable to the situation of vulnerable
persons. Member States shall ensure persons. Emergency health care an d persons. Emergency health care an d persons. Emergency health care an d persons. Emergency health care an d
that minors are not kept in essential treatment of illness shall be essential treatment of illness shall be essential treatment of illness shall be essential treatment of illness shall be
temporary custody in common provided.
provided.
provided.
provided.
prison
accommodation.
Unaccompanied minors shall be
separated from adults unless it is
considered in the child's best interest
not to do so.
4. Member States shall ensure that 4. Relevant national, international 4. Relevant
and competent national, 4. Relevant national, international 4. Relevant
and competent national,
international and non-governmen tal and non-governmental organisations international and non-governmen tal and non-governmental organisations international and non-governmen tal
organisations have the possibility t o and bodies shall have the possibilit y organisations and bodies shal l h ave and bodies shall have the possibilit y organisations and bodies shal l h ave
visit temporary custody faciliti es i n to visit detention facilities in order to the possibility to visit
specialised to visit detention facilities in order to the possibility to visit detention
order to assess the adequacy of the assess the adequacy of the detentio n detention facilities in order to assess assess the adequacy of the detentio n facilities
as
referred
to
in
temporary custody conditions. Such conditions. Such visits may be the adequacy of the detention conditions. Such visits may be
paragraph 1 to the extent that
visits
may
be
subject
to subject to authorisation.
conditions. Such visits may be subject to authorisation.
they are being used for detaining
authorisation.
subject to authorisation.
third
country
nationals
in
accordance with this Chapter. in
order to assess the adequacy of the
detention conditions. Such visits
may be subject to authorisation.
5. Third-country nationals kept in 5. Third-country nationals kept in 5. Third-country nationals kept in 5. Third-country nationals kept in
detention shall be systematically detention shall be systematically detention shall be systematically detention shall be systematically
provided with information which provided with information which provided with information which provided with information which
explains the rules applied in the explains the rules applied in the explains the rules applied in the explains the rules applied in the
facility and sets out their rights an d facility and sets out their rights an d facility and sets out their rights an d facility and sets out their rights an d
obligations.
obligations
. This includes the obligations.
obligations
. This includes the
information on their entitlement
information on their entitlement
under national law to contact
under national law to contact
organizations and bodies referred
organisations and bodies referred
to in paragraph 4.
to in paragraph 4.
Article 15a
Article 15a
Article 15a
Article 15a
Detention of minors and families
Detention of minors and families
Detention of minors and families
Detention of minors and families
1. Minors shall only be detained as a 1.
Unaccompanied minors
and 1. Minors shall only be detained as a 1.
Unaccompanied minors
and
measure of last resort and for the
families with minors shall onl y be measure of last resort and for the
families with minors shall onl y be
shortest appropriate period of time.
detained as a measure of last resort shortest appropriate period of time.
detained as a measure of last resort
25/03/2021 07:23:38
28
and for the shortest appropriate
and for the shortest appropriate
period of time.
period of time.
2. Families detained pending 2. Families detained pending 2. Families detained pending 2. Families detained pending
removal shall be provided with removal shall be provided with removal shall be provided with removal shall be provided with
separate
accommodation separate
accommodation separate
accommodation separate
accommodation
guaranteeing adequate privacy.
guaranteeing adequate privacy.
guaranteeing adequate privacy.
guaranteeing adequate privacy.
3. Minors in detention shall have the 3. Minors in detention shall have the 3. Minors in detention shall have the 3. Minors in detention shall have the
possibility to engage in leisure-
possibility to engage in leisure-
possibility to engage in leisure-
possibility to engage in leisure-
activities, including play- and activities, including play- and activities, including play- and activities, including play- and
recreational activities appropriate t o recreational activities appropriate t o recreational activities appropriate t o recreational activities appropriate t o
their age, and shall have - depending their age, and shall have - depending their age, and shall have - depending their age, and shall have - depending
on the length of their stay - access to on the length of their stay - access to on the length of their stay - access to on the length of their stay - access to
education.
education.
education.
education.
4. Unaccompanied minors shall as 4. Unaccompanied minors shall as 4. Unaccompanied minors shall as 4. Unaccompanied minors shall as
far as possible be provided with far as possible be provided with far as possible be provided with far as possible be provided with
accommodation
in
institutions accommodation
in
institutions accommodation
in
institutions accommodation
in
institutions
provided
with
personnel and provided
with
personnel and provided
with
personnel and provided
with
personnel and
facilities which take into account the facilities which take into account the facilities which take into account the facilities which take into account the
needs of persons of their age.
needs of persons of their age.
needs of persons of their age.
needs of persons of their age.
5. The best interest of the child shall 5. The best interest of the child shall 5. The best interest of the child shall 5. The best interest of the child shall
be a primary consideration in the be a primary consideration in the be a primary consideration in the be a primary consideration in the
context of the detention of minors context of the detention of minors context of the detention of minors context of the detention of minors
pending removal.
pending removal.
pending removal.
pending removal.
Article 15b
Article 15b
Emergency situations
Emergency situations
1.
In
cases
where
an
1.
In
cases
where
an
exceptionally large number of
exceptionally large number of
third-country nationals to be
third-country nationals to be
returned places an unforeseen
returned places an unforeseen,
heavy burden on the capacity of
heavy burden on the capacity of
the detention facilities of a
the detention facilities of a
Member
State
or
on
its
Member
State
or
on
its
administrative or judicial staff,
administrative or judicial staff,
such a Member State may, as long
such a Member State may, as long
as
the
exceptional
situation
as
the
exceptional
situation
persists, decide to allow for longe r
persists, decide to allow for longe r
periods for judicial review that
periods for judicial review than
25/03/2021 07:23:38
29
those set out in Article 14(2) and
those set out in Article 14(2)
to take urgent measures in respect
second subparagraph and to take
of the conditions of detention
urgent measures in respect of the
derogating from those set out in
conditions of detention derogating
Articles 15(1) and 15a(2).
from those set out in Articles 15(1)
and 15a(2).
2.
When resorting to such
2.
When resorting to such
exceptional measures, the Member
exceptional measures, the Member
State concerned shall inform the
State concerned shall inform the
Commission. It shall also inform
Commission. It shall also inform
the Commission as soon as the
the Commission as soon as the
reasons
for
applying
these
reasons
for
applying
these
exceptional measures have ceased
exceptional measures have ceased
to exist.
to exist.
3.
Nothing in this Article
3.
Nothing in this Article
shall be interpreted as allowing
shall be interpreted as allowing
Member States to derogate from
Member States to derogate from
their general obligation to take al l
their general obligation to take al l
appropriate measures, whether
appropriate measures, whether
general or particular, to ensure
general or particular, to ensure
fulfilment of their obligations
fulfilment of their obligations
arising out of this Directive.
arising out of this Directive.
-
-
-
Chapter V
APPREHENSION IN OTHER
MEMBER STATES
-
-
-
Article 16
Apprehension in other Member
States
Where a third-country national wh o -
-
-
does not fulfil or who no longer
fulfil the conditions of entry as set
out in Article 5 of the Convention
Implementing
the
Schengen
Agreement and who is the subject of
25/03/2021 07:23:38
30
a return decision or removal order
issued in a Member State (“the first
Member State”) is apprehended in
the territory of another Member
State (“ the second Member State”),
the second Member State may take
one of the following steps:
(a) recognise the return decision or -
-
-
removal order issued by the first
Member State and carry out the
removal, in which case Member
States shall compensate each other
for any financial imbalance which
may caused, applying Council
Decision 2004/191/EC mutatis
mutandis;
(b) request the first Member State to -
-
-
take back the third-country nati onal
concerned without delay, in which
case the first Member State shal l b e
obliged to comply with the req u est ,
unless it can demonstrate that the
person concerned has left the
territory of the Member States
following the issuing of the return
decision or removal order by the
first Member State;
(c) launch the return procedure -
-
-
under its national legislation;
(d) maintain or issue a residence -
-
-
permit or another authorisation
offering a right to stay for
protection-related, compassionate,
humanitarian or other reasons, aft er
consultation with the first Member
State in accordance with Article 25
of the Convention Implementing the
25/03/2021 07:23:38
31
Schengen Agreement.
Chapter VI
Chapter VI
Chapter VI
Chapter VI
Chapter VI
FINAL PROVISIONS
FINAL PROVISIONS
FINAL PROVISIONS
FINAL PROVISIONS
FINAL PROVISIONS
Article 17
Article 17
Article 17
Article 17
Article 17
Reporting
Reporting
Reporting
Reporting
Reporting
The Commission shall period ical l y The Commission shall report ev ery The Commission shall report ev ery The Commission shall report ev ery The Commission shall report ev ery
report to the European Parliament three
years
to the European three
years
to the European three
years
to the European three
years
to the European
and the Council on the application of Parliament and the Council on the Parliament and the Council on the Parliament and the Council on the Parliament and the Council on the
this Directive in the Member St at es application of this Directive in the application of this Directive in the application of this Directive in the application of this Directive in the
and,
if
appropriate,
propose Member States and, if appropriate, Member States and, if appropriate, Member States and, if appropriate, Member States and, if appropriate,
amendments.
propose amendments.
propose amendments.
propose amendments.
propose amendments.
The Commission shall report for th e The Commission shall report for th e The Commission shall report for th e The Commission shall report for th e The Commission shall report for th e
first time four years after the date first time three years after the date first time three years after the date first time three years after the date first time three years after the date
referred to in Article 18(1) at the referred to in Article 18(1) at the referred to in Article 18(1) at the referred to in Article 18(1) at the referred to in Article 18(1) at the
latest.
latest and focus at this occasion in latest and focus at this occasion in latest and focus at this occasion in latest and focus at this occasion in
particular on the application of particular on the application of particular on the application of particular on the application of
Articles 9 and 14 in Member States.
Articles 9 and 14 in Member States.
Articles 9 and 14 in Member States.
Articles 9 and 14 in Member States.
Article 18
Article 18
Article 18
Article 18
Article 18
Transposition
Transposition
Transposition
Transposition
Transposition
1. Member States shall bring into 1. Member States shall bring into 1.Member States shall bring into 1. Member States shall bring into 1. Member States shall bring into
force the laws, regulations and force the laws, regulations and force the laws, regulations and force the laws, regulations and force the laws, regulations and
administrative provisions necessary administrative provisions necessary administrative provisions necessary administrative provisions necessary administrative provisions necessary
to comply with this Directive by,
(24 to comply with this Directive by, (24 to comply with this Directive by, (24 to comply with this Directive by, (24 to comply with this Directive by, (24
months from the date of publicat io n months from the date of publicat i on months from the date of publicat i on months from the date of publicat i on months from the date of publicat i on
in the Official Journal of the in the Official Journal of the in the Official Journal of the in the Official Journal of the in the Official Journal of the
European Union) at the latest. They European Union) at the latest. Th ey European Union) at the latest. Th ey European Union) at the latest. Th ey European Union) at the latest. Th ey
shall forthwith communicat e t o the shall forthwith communicat e t o the shall forthwith communicat e t o the shall forthwith communicat e t o the shall forthwith communicat e t o the
Commission the text of those Commission the text of those Commission the text of those Commission the text of those Commission the text of those
provisions and a correlation table provisions and a correlation table provisions and a correlation table provisions and a correlation table provisions and a correlation table
between those provisions and this between those provisions and this between those provisions and this between those provisions and this between those provisions and this
Directive.
Directive.
Directive.
Directive.
Directive.
25/03/2021 07:23:38
32
.
When Member States adopt those When Member States adopt those When Member States adopt those When Member States adopt those When Member States adopt those
provisions, they shall contain a provisions, they shall contain a provisions, they shall contain a provisions, they shall contain a provisions, they shall contain a
reference to this Directive or be reference to this Directive or be reference to this Directive or be reference to this Directive or be reference to this Directive or be
accompanied by such a reference o n accompanied by such a reference o n accompanied by such a reference o n accompanied by such a reference o n accompanied by such a reference o n
the occasion of their official the occasion of their official the occasion of their official the occasion of their official the occasion of their official
publication. Member States shall publication. Member States shall publication. Member States shall publication. Member States shall publication. Member States shall
determine how such reference is to determine how such reference is to determine how such reference is to determine how such reference is to determine how such reference is to
be made.
be made.
be made.
be made.
be made.
2. Member States shall communicate 2. Member States shall communicate 2. Member States shall communicate 2. Member States shall communicate 2. Member States shall communicate
to the Commission the text of the to the Commission the text of the to the Commission the text of the to the Commission the text of the to the Commission the text of the
main provisions of national law main provisions of national law main provisions of national law main provisions of national law main provisions of national law
which they adopt in the field which they adopt in the field which they adopt in the field which they adopt in the field which they adopt in the field
covered by this Directive.
covered by this Directive.
covered by this Directive.
covered by this Directive.
covered by this Directive.
Article 19
Article 19
Article 19
Article 19
Article 19
Relationship with Schengen
Relationship with Schengen
Relationship with Schengen
Relationship with Schengen
Relationship with Schengen
Convention
Convention
Convention
Convention
Convention
This Directive replaces Articles 23 This
Directive
replaces
the This
Directive
replaces
the This
Directive
replaces
the This
Directive
replaces
the
and
24
of
the
Convention provisions of Articles 23 an d 24 of provisions of Articles 23 an d 24 of provisions of Articles 23 an d 24 of provisions of Articles 23 an d 24 of
implementing
the
Schengen the Convention implementing the the Convention implementing the the Convention implementing the the Convention implementing the
Agreement.
Schengen Agreement.
Schengen Agreement.
Schengen Agreement.
Schengen Agreement.
-
-
-
Article 20
Repeal
Directive 2001/40/EC is repealed.
-
-
-
25/03/2021 07:23:38
33
Article 21
Article 21
Article 21
Article 21
Article 21
Entry into force
Entry into force
Entry into force
Entry into force
Entry into force
This Directive shall enter into fo rce This Directive shall enter into fo rce This Directive shall enter into fo rce This Directive shall enter into fo rce This Directive shall enter into fo rce
on the twentieth day followi ng t hat on the twentieth day followi ng t hat on the twentieth day followi ng t hat on the twentieth day followi ng t hat on the twentieth day followi ng t hat
of its publication in the
Official of its publication in the Official of its publication in the Official of its publication in the Official of its publication in the Official
Journal of the European Union.
Journal of the European Union.
Journal of the European Union.
Journal of the European Union.
Journal of the European Union.
Article 22
Article 22
Article 22
Article 22
Article 22
Addressees
Addressees
Addressees
Addressees
Addressees
This Directive is addressed to the This Directive is addressed to the This Directive is addressed to the This Directive is addressed to the This Directive is addressed to the
Member States in accordance with Member States in accordance with Member States in accordance with Member States in accordance with Member States in accordance with
the Treaty establishing the European the Treaty establishing the European the Treaty establishing the European the Treaty establishing the European the Treaty establishing the European
Community.
Community.
Community.
Community.
Community.
Done at Brussels, […]
Done at Brussels, […]
Done at Brussels, […]
Done at Brussels, […]
Done at Brussels, […]
For the European Parliament
For the European Parliament
For the European Parliament
For the European Parliament
For the European Parliament
The President
The President
The President
The President
The President
For the Council
For the Council
For the Council
For the Council
For the Council
The President
The President
The President
The President
The President
25/03/2021 07:23:38
34
RETURN DIRECTIVE (2005/0167 (COD))
Part II – Recitals
Commission proposal
Compromise envisaged in
Changes vis-à-vis COM text Changes vis-à-vis COM text
Envisaged final compromise
(COM 2005(0391))
first round of informal
requested by Council
requested by EP
trilogue
(marked in bold and
(marked in bold and
(January 2008)
strikethrough)
strikethrough)
(only recitals 6 and 9 were
discussed)
THE EUROPEAN PARLIAMENT
THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE
AND THE COUNCIL OF THE
EUROPEAN UNION,
EUROPEAN UNION,
Having regard to the Treaty
Having regard to the Treaty
establishing
the
European
establishing
the
European
Community, and in particular Article
Community, and in particular Article
63(3)(b) thereof,
63(3)(b) thereof,
Having regard to the proposal fro m
Having regard to the proposal fro m
the Commission7,
the Commission8,
Acting in accordance with the
Acting in accordance with the
procedure laid down in Arti cl e 2 51
procedure laid down in Arti cl e 2 51
of the Treaty,
of the Treaty,
Whereas:
Whereas:
(1) The Brussels European C ou nci l
(1)
The Tampere European
(1)
The Tampere European
of 4 and 5 November 2004 called for
Council of 15 and 16 October 1999
Council of 15 and 16 October 1999
the establishment of an effective
established a coherent approach in
established a coherent approach in
removal and repatriation policy,
the field of immigration and
the field of immigration and
7
OJ C […], p. […].
8
OJ C […], p. […].
25/03/2021 07:23:38
35
based on common standards, for
asylum, dealing together with the
asylum, dealing together with the
persons to be returned in a h umane
creation of a common asylum
creation of a common asylum
manner and with full respect for
system, a legal immigration poli c y
system, a legal immigration poli c y
their fundamental rights and dignity.
and the fight against illegal
and the fight against illegal
immigration.
immigration.
(1a)
The Brussels European
(1a)
The Brussels European
Council of 4 and 5 November 2 0 04
Council of 4 and 5 November 2 0 04
called for the establishment of an
called for the establishment of an
effective removal and repatriation
effective removal and repatriation
policy, based on common standards,
policy, based on common standards,
for persons to be returned in a
for persons to be returned in a
humane manner and with full respect
humane manner and with full respect
for their fundamental rights and
for their fundamental rights and
dignity.
dignity.
(1b)
The Council of Europe
(1b)
The Council of Europe
Committee of Ministers adopted
Committee of Ministers adopted
on 4 May 2005 "20 guidelines on
on 4 May 2005 "Twenty guidelines
forced return" (CM(2005)40).
on forced return" (CM(2005)40).
(2) Clear, transparent and fair rules
(2) Clear, transparent and fair rules
(2) Clear, transparent and fair rules
need to be fixed to provide for an
need to be fixed to provide for an
need to be fixed to provide for an
effective return policy as a necessary
effective return policy as a necessary
effective return policy as a necessary
element
of
a
well
managed
element
of
a
well
managed
element
of
a
well
managed
migration policy.
migration policy.
migration policy.
(3) This Directive should establish a
(3) This Directive should establish a
(3) This Directive should establish a
horizontal set of rules, applicable t o
horizontal set of rules, applicable t o
horizontal set of rules, applicable t o
all third-country nationals who do
all third-country nationals who do
all third-country nationals who do
not or who no longer fulfil the
not or who no longer fulfil the
not or who no longer fulfill the
conditions for stay in a Member
conditions for
entry, stay
or
conditions for
entry, stay
or
State.
residence in a Member State.
residence in a Member State.
(4) Member States should ensure
(4) Member States should ensure
(4) Member States should ensure
that the ending of illegal stay is
that the ending of illegal stay
of
that the ending of illegal stay
of
carried out through a fair and
third-country nationals is carried
third-country nationals is carried
transparent procedure.
out through a fair and transparent
out through a fair and transparent
procedure.
According to general
procedure.
According to general
principles of EU law, decisions
principles of EU law, decisions
taken under this Directive should
taken under this Directive should
25/03/2021 07:23:38
36
be adopted on a case-by-case basis
be adopted on a case-by-case basis
and based on objective criteria.
and based on objective criteria,
implying that consideration should
go beyond the mere fact of illegal
residence.
When using standard forms for
decisions
related
to
return
Member States should respect this
principle and fully comply with all
applicable
provisions
of
this
Directive.
(5) As a general principle, a
(5) As a general principle, a
(5)
The need for Community
harmonised
two-step procedure
harmonised
two-step procedure
and
bilateral
readmission
should be applied, involving a return
should be applied, involving a return
agreements with third countries to
decision as a first step and, where
decision as a first step and, where
facilitate the return process is
necessary, the issuing of a removal
necessary, the issuing of a removal
underlined.
International
order as a second step. However, in
order as a second step. However, in
cooperation with countries of
order to avoid possible procedural
order to avoid possible procedural
origin at all stages of the return
delays, Member States should be
delays, Member States should be
process is a prerequisite to
allowed to issue both a return
allowed to issue both a return
achieving sustainable return.
decision and a removal order withi n
decision and a removal order withi n
a single act or decision.
a single act or decision
(5)
The need for EC and
bilateral readmission agreements
with third countries to facilitate
the return process is underlined.
International
cooperation with
countries of origin at all stages of
the return process is a prerequisite
to achieving sustainable return.
(5a)
It is recognised that it is
(5a)
It is recognised that it is
legitimate for Member States to
legitimate for Member States to
return illegally staying third-
return illegally staying third-
country
nationals.
The
pre-
country
nationals.
The
pre-
requisite for this assumption is
requisite for this assumption is
that fair and efficient asylum
that fair and efficient asylum
systems are in place, which fully
systems are in place, which fully
25/03/2021 07:23:38
37
respect the principle of non-
respect the principle of non-
refoulement.
refoulement.
(5b) A third-country national who
(5b) In accordance with Council
has applied for asylum in a
Directive 2005/85/EC, a third-
Member State should not be
country national who has applied
regarded as staying illegally on the
for asylum in a Member State
territory of the Member State
should not be regarded as staying
until a negative decision on the
illegally on the territory of the
application, or a decision ending
Member State until a negative
his or her right of stay as asylum
decision on the application, or a
seeker has entered into force.
decision ending his or her rig ht of
stay as asylum seeker has ente r e d
into force.
(6) Where there are no reasons to (6) Where there are no reasons to (6) Where there are no reasons to
(6) Where there are no reasons to
believe that this would undermine believe that this would undermine believe that this would undermine
believe that this would undermine
the purpose of a return procedure, the purpose of a return procedure, the purpose of a return procedure,
the purpose of a return procedure,
voluntary return should be preferred voluntary return should be preferred voluntary return should be preferred
voluntary return should be preferred
over forced return and a period for over forced return and a period for over forced return and a period for
over forced return and a period for
voluntary departure should be voluntary departure should be voluntary departure should be
voluntary departure should be
granted.
granted.
In order to promote granted.
In order to promote
granted.
In order to promote
voluntary return, Member States voluntary return, Member States
voluntary return, Member States
should
provide
for enhanced should
provide
for enhanced
should
provide
for enhanced
return assistance and counselling return assistance and counselling
return assistance and counselling
and make best use of the relevant and make best use of the relevant
and make best use of the relevant
funding possibilities offered unde r funding possibilities offered unde r
funding possibilities offered unde r
the European Return Fund.
the European Return Fund.
the European Return Fund.
(7) A common minimum set of legal
(7) A common minimum set of legal
(7) A common minimum set of legal
safeguards on return and removal
safeguards on return and removal
safeguards on return and removal
decisions should be established to
decisions
decisions related to
decisions
decisions related to
guarantee effective protection of th e
return should be established to
return should be established to
interests
of
the
individuals
guarantee effective protection of th e
guarantee effective protection of th e
concerned.
interests
of
the
individuals
interests
of
the
individuals
concerned
concerned.
(8) The situation of persons who are
(8) The situation of persons
third-
(8) The situation of persons
third-
staying illegally but who cannot
country nationals who are staying
country nationals who are staying
(yet) be removed should be
illegally but who cannot yet be
illegally but who cannot yet be
addressed. Minimum standards for
removed should be addressed
removed should be addressed.
the conditions of stay of these
Minimum
standards
for
the
Minimum standards for the
Their
25/03/2021 07:23:38
38
persons should be established, wi th
regarding their basic conditions of
basic conditions of stay of these
reference to the provisions of
stay of these persons should be
persons should be established, wi th
Council Directive 2003/9/EC of 2 7
established, with reference to the
reference to the provisions of
January 2003 laying down minimum
provisions of Council Directive
Council Directive 2003/9/EC of 2 7
standards for the reception of asylum
2003/9/EC of 27 January 2003
January 2003 laying down minimum
seekers9.
laying down minimum standards fo r
standards for the reception of asylum
the reception of asylum seekers
seekers
subsistence should be
subsistence according to national
defined according to national
legislation.
legislation.
In order to be able to demonstrate
their specific situation in case of
administrative controls or checks
these persons should be provided
with
a
written
confirmation.
Member States should enjoy wide
discretion concerning the form
and the format of the written
confirmation and may also include
it in decisions related to return
adopted under this Directive.
(9) The use of coercive measures (9) The use of coercive measures (9) The use of coercive measures
(9) The use of coercive measures
should be expressly bound to the should be expressly bound to the should be expressly bound
subje c t
should be expressly bound
subje c t
principle of proportionality and principle of proportionality and to the principle of proportionality
to the principles of proport io nal it y
minimum safeguards for the conduct minimum safeguards for the conduct
and effectiveness with regard to
and effectiveness with regard to
of
forced
return
should
be of
forced
return
should
be
means
taken
and
minimum
means
taken
and
minimum
established, taking into account established, taking into account
objectives
pursued.
Minimum
objectives
pursued.
Minimum
Council Decision 2004/573/EC of Council Decision 2004/573/EC of safeguards for the conduct of forced
safeguards for the conduct of forced
29 April 2004 on the organisation of 29 April 2004 on the organisation of return should be established, t aki ng
return should be established, t aki ng
joint flights for removals from the joint flights for removals from the into account Council Decision
into account Council Decision
territory of two or more Member territory of two or more Member 2004/573/EC of 29 Apri l 2 004 o n
2004/573/EC of 29 Apri l 2 004 o n
States, of third-country nationals States, of third-country nationals the organisation of joint fl i gh ts fo r
the organisation of joint fl i gh ts fo r
who are subject of individual who are subject of individual removals from the territory of two or
removals from the territory of two or
removal orders10.
removal orders11
and the 20 more Member States, of third-
more Member States, of third-
guidelines
on
forced
return country nationals who are subject o f
country nationals who are subject o f
9
OJ L 31, 6.2.2003, p. 18.
10
OJ L 261, 6.8.2004. p. 28.
11
OJ L 261, 6.8.2004. p. 28.
25/03/2021 07:23:38
39
adopted by the Council of Europe individual removal orders.
individual removal orders.
Committee of Ministers on 4 May
2005.
(10) The effects of national return
(10) The effects of national return
(10) The effects of national return
measures should be given a
measures should be given a
measures should be given a
European dimension by establishing
European dimension by establishing
European dimension by establishing
a re-entry ban preventing re-entry
a re-
an entry ban preventing re-entry
a re-
an entry ban
prohibiting re-
into the territory of all th e M ember
into
and stay in the territory of all
entry into
and stay in the territory of
States.
the Member States.
all the Member States.
The length of the re-entry ban
The length of the re-entry ban
The length of the re-entry ban
should be determined with due
should be determined with due
should be determined with due
regard to all relevant circumstances
regard to all relevant circumstances
regard to all relevant circumstances
of an individual case and should not
of an individual case and should not
of an individual case and should not
normally exceed 5 years. In cases o f
normally exceed 5 years. In cases o f
normally exceed five years.
serious threat to public policy or
serious threat to public policy or
public security, Member States
public security, Member States
should be allowed to impose a
should be allowed to impose a
longer re-entry ban.
longer re-entry ban.
(10a)
It should be for the
(10a)
It should be for the
Member States to decide whether
Member States to decide whether
or not review decisions related to
or not review decisions related to
return imply the power for the
return imply the power for the
reviewing authority or body to
reviewing authority or body to
take its own decision related to the
take its own decision related to the
return, in substitution for the
return, in substitution for the
earlier decision.
earlier decision.
(11) The use of temporary custody
(11)
The use of temporary
(11)
The use of temporary
should be limited and bound t o t he
custody
detention for the purpose
custody
detention for the purpose
principle
of
proportionality.
of removal should be limited and
of removal should be limited and
Temporary custody should on ly b e
bound
subject to the principle of
bound
subject to the principle of
used if necessary to prevent the ri sk
proportionality. Temporary custody
proportionality Temporary custod y
of absconding and if the applicat i on
with regard to means taken and
with regard to means taken and
of less coercive measures would not
objectives
pursued.
Detention
objectives
pursued.
Detention
be sufficient.
should
is justified only to only be
should
is justified only to only be
used if necessary to prevent the ri sk
used if necessary to prevent the ri sk
of absconding and
prepare return
of absconding and
prepare return
or carry out the removal and if the
or carry out the removal process
application
of
less
coercive
and if the application of less
25/03/2021 07:23:38
40
measures would not be sufficient.
coercive measures would not be
sufficient.
(11a)
Third-country nationals
(11a)
Third-country nationals
under detention should be treated
under detention should be treated
in a humane and dignified manner
in a humane and dignified manner
with respect for their fundamental
with respect for their fundamental
rights and in compliance with
rights and in compliance with
international and national law.
international and national law.
Without prejudice to the initial
Without prejudice to the initial
apprehension by law enforcement
apprehension by law-enforcement
authorities, regulated by national
authorities, regulated by national
legislation, detention should be as
legislation, detention should be as
a rule carried out in specialized
a rule carried out in specialis ed
detention facilities.
detention facilities.
(12) Provision should be made to
(12) Provision should be made to
deal with the situation of a third-
deal with the situation of a third-
country national who is the sub ject
country national who is the sub ject
of a removal order or return decision
of a removal order or return decision
issued by a Member State and is
issued by a Member State and is
apprehended in the territory of
apprehended in the territory of
another Member State.
another Member State.
(13)
This
Directive
includes
(13)
This
Directive
includes
provisions on the recognition of
provisions on the recognition of
return decisions or removal orders
return decisions or removal orders
which supersede Council Directive
which supersede Council Directive
2001/40/EC on mutual reco g nit io n
2001/40/EC on mutual reco g nit io n
of decisions on the expulsion of
of decisions on the expulsion of
third-country
nationals12.
That
third-country nationals . That
Directive
should
therefore
be
Directive
should
therefore
be
repealed.
repealed.
(14)
Council
Decision
(14) Council Decision 2004/191/EC
2004/191/EC13 sets out criteri a an d
sets out criteria and practical
practical
arrangements
for
the
arrangements for the compensation
compensation
of
financial
of financial imbalances resulting
imbalances resulting from mutual
from
mutual
recognition
of
recognition of expulsion deci sio ns,
expulsion decisions, wh ich sho uld
12
OJ L 149, 2.6.2001, p. 34.
13
OJ L 60, 27.2.2004, p. 55.
25/03/2021 07:23:38
41
which should be applied mutatis
be applied mutatis mutandis when
mutandis when recognising return
recognising return decisions or
decisions
or
removal
orders
removal orders according to this
according to this Directive.
Directive.
(15) Member States should have
(15) Member States should have
(15) Member States should have
rapid access to information on return
rapid access to information on return
rapid access to information on return
decisions, removal orders and re-
decisions, removal orders and re-
decisions, removal orders and re-
entry bans issued by other M ember
entry bans issued by other M ember
entry bans issued by other M em ber
States. This information sharing
States. This information sharing
States. This information sharing
should take place in accordance with
should take place in accordance with
should take place in accordance with
[Decision/Regulation … on the
[Decision/Regulation
(EC)
No
[Decision/Regulation
(EC)
No
establishment, operation and u se o f
1987/2006
of
the
European
1987/2006
of
the
European
the Second Generation Schengen
Parliament and of the Council on
Parliament and of the Council on
Information System (SIS II)]14
the establishment, operation and use
the establishment, operation and use
of the Second Generation Schen gen
of the Second Generation Schen gen
Information System (SIS II)15
Information System (SIS II).
(15a)
Cooperation between the
(15a)
Cooperation between the
institutions involved at all levels in
institutions involved at all levels in
the return process and the
the return process and the
exchange and promotion of best
exchange and promotion of best
practices should accompany the
practices should accompany the
implementation of this Directive
implementation of this Directive
and
provide
European
added
and
provide
European
added
value.
value.
(16) Since the objective of this
(16) Since the objective of this
(16) Since the objective of this
Directive, namely to establish
Directive, namely to establish
Directive, namely to establish
common rules concerning return,
common rules concerning return,
common rules concerning return,
removal, use of coercive measures,
removal, use of coercive measures,
removal, use of coercive measures,
temporary custody and re-entry,
temporary custody
detention and
temporary custody
detention and
cannot be sufficiently achieved by
reentry
bans, cannot be sufficien t l y
reentry
bans, cannot be sufficien t l y
the
Member
States
and
can
achieved by the Member States an d
achieved by the Member States an d
therefore, by reason of the scale an d
can therefore, by reason of the scal e
can therefore, by reason of the scal e
effects
be
better
achieved
at
and effects be better achieved at
and effects be better achieved at
Community level, the C ommuni ty
Community level, the C ommuni ty
Community level, the C ommuni ty
may adopt measures, in accordance
may adopt measures, in accordance
may adopt measures, in accordance
with the principle of subsidiari t y as
with the principle of subsidiari t y as
with the principle of subsidiari t y as
14
15
OJ L 381, 28.12.2006, p. 4.
25/03/2021 07:23:38
42
set out in Article 5 of the Treat y . In
set out in Article 5 of the Treat y . In
set out in Article 5 of the Treat y . In
accordance with the principle of
accordance with the principle of
accordance with the principle of
proportionality, as set out in that
proportionality, as set out in that
proportionality, as set out in that
Article, this Directive does not go
Article, this Directive does not go
Article, this Directive does not go
beyond what is necessary to achiev e
beyond what is necessary to achiev e
beyond what is necessary to achiev e
that objective.
that objective.
that objective.
(17) Member States should give
(17) Member States should give
(17) Member States should give
effect to the provisions of this
effect to the provisions of this
effect to the provisions of this
Directive without discrimination o n
Directive without discrimination o n
Directive without discrimination o n
the basis of sex, race, colour, et hn ic
the basis of sex, race, colour, et hn ic
the basis of sex, race, colour, et hn ic
or social origin, genetic features,
or social origin, genetic features,
or social origin, genetic features,
language, religion or belief, political
language, religion or belief, political
language, religion or belief, political
or any other opinions, membersh ip
or any other opinions, membersh ip
or any other opinions, membersh ip
of a national minority, property,
of a national minority, property,
of a national minority, property,
birth, disability, age or sexual
birth, disability, age or sexual
birth, disability, age or sexual
orientation.
orientation.
orientation.
(18) In line with the 1989 United
(18) In line with the 1989 United
(18) In line with the 1989 United
Nations Convention on the Rights of
Nations Convention on the Rights of
Nations Convention on the Rights of
the Child, the “best interests o f th e
the Child, the “best interests o f th e
the Child, the “best interests o f th e
child” should be a primary
child” should be a primary
child” should be a primary
consideration of Member States
consideration of Member States
consideration of Member States
when implementing this Directive.
when implementing this Directive.
when implementing this Directive.
In
line
with
the
European
In
line
with
the
European
In
line
with
the
European
Convention on Human Rights,
Convention on Human Rights,
Convention on Human Rights,
respect for family life should be a
respect for family life should be a
respect for family life should be a
primary consideration of Member
primary consideration of Member
primary consideration of Member
States when implementing this
States when implementing this
States when implementing this
Directive.
Directive.
Directive.
(19) Application of this Directive i s
(19) Application of this Directive i s
(19) Application of this Directive i s
without prejudice to the obligat io ns
without prejudice to the obligat io ns
without prejudice to the obligat io ns
resulting
from
the
Geneva
resulting
from
the
Geneva
resulting
from
the
Geneva
Convention relating to the Stat u s of
Convention relating to the Stat u s of
Convention relating to the Stat u s of
Refugees of 28 July 1951, as
Refugees of 28 July 1951, as
Refugees of 28 July 1951, as
amended by the New York Protoco l
amended by the New York Protoco l
amended by the New York Protoco l
of 31 January 1967.
of 31 January 1967.
of 31 January 1967.
(20) This Directive respects the
(20) This Directive respects the
(20) This Directive respects the
25/03/2021 07:23:38
43
fundamental rights and observes t he
fundamental rights and observes t he
fundamental rights and observes t he
principles recognised in particular
principles recognised in particular
principles recognised in particular
by the Charter of Fundamental
by the Charter of Fundamental
by the Charter of Fundamental
Rights of the European Union.
Rights of the European Union.
Rights of the European Union.
(21) In accordance with Articles 1
(21) In accordance with Articles 1
(21) In accordance with Articles 1
and 2 of the Protocol on the position
and 2 of the Protocol on the position
and 2 of the Protocol on the position
of Denmark annexed to the Treaty
of Denmark annexed to the Treaty
of Denmark annexed to the Treaty
on European Union and t he Treat y
on European Union and t he Treat y
on European Union and t he Treat y
establishing
the
European
establishing
the
European
establishing
the
European
Community, Denmark is not t aki ng
Community, Denmark is not t aki ng
Community, Denmark is not t aki ng
part in the adoption of this Directive
part in the adoption of this Directive
part in the adoption of this Directive
and is not bound by it or sub ject t o
and is not bound by it or sub ject t o
and is not bound by it or sub ject t o
its application. Given that this
its application. Given that this
its application. Given that this
Directive builds - to the extent that it
Directive builds - to the extent that it
Directive builds - to the extent that it
applies to third country nationals
applies to third country nationals
applies to third-country nationals
who do not fulfil or who no l ong er
who do not fulfil or who no l ong er
who do not fulfil or who no l ong er
fulfil the conditions of entry in
fulfil the conditions of entry in
fulfil the conditions of entry in
accordance with the Convention
accordance with the Convention
accordance with the Convention
Implementing
the
Schengen
Implementing
the
Schengen
Implementing
the
Schengen
Agreement16 - upon the Schengen
Agreement
Borders Code17 - upon
Agreement
Borders Code18 - upon
acquis under the provisions of Ti tl e
the Schengen acquis under the
the Schengen acquis under the
IV of Part Three of the Treaty
provisions of Title IV of Part Three
provisions of Title IV of Part Three
establishing
the
European
of the Treaty establishing the
of the Treaty establishing the
Community, Denmark should, in
European Community, Denmark
European Community, Denmark
accordance with Article 5 of the said
should, in accordance with Article 5
shall should, in accordance with
Protocol, decide, within a peri o d o f
of the said Protocol, decide, within a
Article 5 of the said Protocol,
six months after the adoption of thi s
period of six months after the
decide, within a period of six months
Directive, whether it will implement
adoption of this Directive, whether it
after the adoption of this Direct i ve,
it in its national law.
will implement it in its national law.
whether it will implement it in its
national law.
(22) This Directive constitu tes - t o
(22) This Directive constitu tes - t o
(22)
As regards Iceland and
the extent that it applies to third
the extent that it applies to third
Norway this Directive constitutes -
country nationals who do not fu l fi l
country nationals who do not fu l fi l
to the extent that it applies to t hird -
or who no longer fulfil the
or who no longer fulfil the
country nationals who do not fu l fi l
conditions of entry in accordance
conditions of entry in accordance
or who no longer fulfil the
with the Convention Implemen ti ng
with the Convention Implemen ti ng
conditions of entry in accordance
16
OJ L 239, 22.9.2000, p. 19.
17
OJ L 105, 13.4.2006, p. 1.
18
OJ L 105, 13.4.2006, p. 1.
25/03/2021 07:23:38
44
the Schengen Agreement - a
the Schengen Agreement
Borders
with the Convention Implemen ti ng
development of provisions of the
Code - a development of provisions
the Schengen Agreement
Borders
Schengen acquis within the meaning
of the Schengen acquis within the
Code - a development of provisions
of the Agreement concluded by the
meaning
of
the
Agreement
of the Schengen acquis within the
Council of the European Union an d
concluded by the Council of the
meaning
of
the
Agreement
the Republic of Iceland and the
European Union and the Republic of
concluded by the Council of the
Kingdom of Norway concerning th e
Iceland and the Kingdom of Norway
European Union and the Republic of
association of those two States wi t h
concerning the association of t h ose
Iceland and the Kingdom of Norway
the implementation, application an d
two States with the implementation,
concerning the association of t h ose
development of the Schengen
application and development o f t h e
two States with the implementation,
acquis, which fall within the area
Schengen acquis, which fall wi t h in
application and development o f t h e
referred to in Article 1, point C of
the area referred to in Article 1,
Schengen acquis, which fall wi t h in
Council Decision 1999/437/EC19 on
point
C
of
Council Decision
the area referred to in Article 1,
certain
arrangements
for
the
1999/437/EC
on
certain
point
C
of
Council Decision
application of that Agreement.
arrangements for the application of
1999/437/EC
on
certain
that Agreement.
arrangements for the application of
that Agreement.
(23) As regards Switzerland, this
(23) As regards Switzerland, this
Directive constitutes a dev elo pme n t
Directive constitutes -
to the extent
of provisions of the Schengen
acqu is
that it applies to third-country
within the meaning of the Agreement
nationals who do not fulfil or who
concluded between the European
no longer fulfil the conditions of
Union, the European Community and
entry in accordance with the
the Swiss Confederation conc ern in g
Schengen Borders Code - a
the association of the Swiss
development of provisions of the
Confederation
with
the
Schengen
acquis within the mean in g
implementation, application and
of the Agreement concluded between
development of the Schengen
the European Union, the European
acquis20, which fall within the area
Community
and
the
Swiss
referred to in Article 1, point [X], of
Confederation
concerning
the
Decision
1999/437/EC
read
in
association
of
the
Swiss
conjunction with Article 3 of Council
Confederation
with
the
Decisions
2008/146/EC21
and
implementation, application and
2008/149/JHA22;
development of the Schengen
19
OJ L 176, 10.7.1999, p. 31.
20
OJ L 53 of 27.2.08, p. 52.
21
OJ L 53 of 27.2.08, p. 1.
22
OJ L 53 of 27.2.08, p. 50.
25/03/2021 07:23:38
45
acquis23, which fall within the area
referred to in Article 1, point [
C], of
Decision
1999/437/EC
read
in
conjunction with Article 3 of Council
Decisions
2008/146/EC24
and
2008/149/JHA
25.
(24) This Directive constitu tes - t o
(24) As regards Liechtenstein, this
(24) As regards Liechtenstein, this
the extent that it applies to third
Directive
constitutes
a
Directive constitutes -
to the extent
country nationals who do not fu l fi l
development of provisions of the
that it applies to third-country
or who no longer fulfil the
Schengen
acquis
within
the
nationals who do not fulfil or who
conditions of entry in accordance
meaning of the Protocol signed
no longer fulfil the conditions of
with the Convention Implemen ti ng
between the European Union, the
entry in accordance with the
the Schengen Agreement - an act
European Community, the Swiss
Schengen Borders Code - a
building on the Schengen acq u i s o r
Confederation
and
the
development of provisions of the
otherwise related to it within the
Principality of Liechtenstein on
Schengen
acquis
within
the
meaning of Article 3(2) of the Act of
the accession of the Principality of
meaning of the Protocol signed
Accession,
Liechtenstein to the Agreement
between the European Union, the
between the European Union, the
European Community, the Swiss
European Community and the
Confederation
and
the
Swiss Confederation on the Swiss
Principality of Liechtenstein on
Confederation's association with
the accession of the Principality of
the implementation, application
Liechtenstein to the Agreement
and development of the Schengen
between the European Union, the
acquis26, which fall within the are a
European Community and the
referred to in Article 1, point [C],
Swiss Confederation on the Swiss
of Decision 1999/437/EC read in
Confederation's association with
conjunction with Article 3 of
the implementation, application
Council
Decisions
and development of the Schengen
2008/[XXX]/EC27
and
acquis29, which fall within the are a
2008/[XXX]/JHA28;
referred to in Article 1, point [C],
of Decision 1999/437/EC read in
23
OJ L 53 of 27.2.08, p. 52.
24
OJ L 53 of 27.2.08, p. 1.
25
OJ L 53 of 27.2.08, p. 50.
26
The text of this instrument is available on http://www.consilium.europa.eu/docCenter.asp?lang=en&cmsid=245 under the reference Doc. 16462/06.
27
Not yet published.
28.
OJ L 83 of 26.3.08, p.3.
29
The text of this instrument is available on http://www.consilium.europa.eu/docCenter.asp?lang=en&cmsid=245 under the reference Doc. 16462/06.
25/03/2021 07:23:38
46
conjunction with Article 3 of
Council Decision 2008/261/EC30.
(25) This Directive constitutes - to
(25) This Directive constitutes - to
the extent that it applies to third
the extent that it applies to third-
country nationals who do not fulfil or
country nationals who do not fulfil or
who no longer fulfil the conditions of
who no longer fulfil the conditions of
entry in accordance with the
entry
in
accordance with the
Convention
Implementing
the
Convention
Implementing
the
Schengen Agreement - an act
Schengen Agreement - an act
building on the Schengen acq u i s o r
building on the Schengen acq u i s o r
otherwise related to it within the
otherwise related to it within the
meaning of Article 3(2) of the
2003
meaning of Article 3(2) of the
2003
Act of Accession,
Act of Accession.
(26) This Directive constitutes - to
(26) This Directive constitutes - to
the extent that it applies to third
the extent that it applies to third-
country nationals who do not fulfil or
country nationals who do not fulfil or
who no longer fulfil the conditions of
who no longer fulfil the conditions of
entry
in
accordance with the
entry
in
accordance with the
Convention
Implementing
the
Convention
Implementing
the
Schengen Agreement - an act
Schengen Agreement - an act
building on the Schengen acq u i s o r
building on the Schengen acq u i s o r
otherwise related to it within the
otherwise related to it within the
meaning of Article 4(2) of the 2005
meaning of Article 4(2) of the 2005
Act of Accession,
Act of Accession.
30.
OJ L 83 of 26.3.08, p.3.
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ANNEX I
DRAFT STATEMENT TO THE COUNCIL MINUTES
The Commission states that the review of the SIS II (envisaged under the review clause of Article 24(5) of Regulation (EC) No 1987/2006), will be an opportunity to
propose an obligation to register in the SIS entry bans issued under this Directive.
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