Regulation (EU) 2026/2280 of the European Parliament and of the Council of 7 October 2026 establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and of the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC

The competent authority of the issuing Member State may, where it considers it appropriate, withdraw, suspend or shorten the duration of an entry ban in justified individual cases, including for humanitarian reasons, taking into account all relevant circumstances, without prejudice to paragraph 3.

The third-country national may submit a duly justified request for withdrawal, suspension or shortening of the duration of an entry ban, provided that the third-country national has departed from the territory of the Member States, without prejudice to paragraph 4.

A third-country national, who has been issued an entry ban that exceeds 10 years in accordance with Article 8(8) or Article 13(5), point (a), may 10 years after his or her departure from the territory of the Member States request the issuing Member State to review whether the entry ban is to be withdrawn, suspended or shortened, having due regard to all relevant circumstances, including, where relevant, whether the third-country national still poses a security risk within the meaning of Article 13, and whether the entry ban remains necessary to prevent the third-country national from entering the territory of the Member States. The request for review shall be duly justified.

Member States may make the withdrawal of an entry ban conditional on the reimbursement of the costs of the removal of the third-country national.

The Member States shall take all necessary measures to remove a third-country national subject to a return decision or decision ordering removal where:

This Regulation shall not prevent Member States from permitting or facilitating voluntary return of a third-country national who is otherwise subject to removal pursuant to paragraph 1, in particular where it is considered as leading to a faster and more effective return.

A decision ordering removal may be issued by competent authorities to any third-country national who is subject to return. Where a decision ordering removal is issued, it shall be in writing and may be in the same decision as the return decision or as a separate administrative or judicial act or decision or as a part of another administrative or judicial decision.

Where a country of return has not yet been determined or where it differs from the country of return previously determined, the competent authority shall determine one or more countries of return in the return decision or decision ordering removal prior to carrying out the removal.

Where a decision ordering removal is issued, it shall give reasons of fact and of law. The third-country national shall be informed about available legal remedies and the time limits for seeking those remedies. The decision ordering removal shall be notified to the third-country national as soon as possible in accordance with the national law of the issuing Member State.

Where a decision ordering removal is issued, the third-country national shall, upon request, be provided with a written or oral translation of the main elements of that decision, including information on available legal remedies, in a language the third-country national understands or is reasonably presumed to understand. For that purpose, the competent authorities may, where appropriate, use standardised translation templates or machine-assisted or machine-generated translation tools.

When the third-country national indicates, or the authorities of the Member State become aware of, relevant indications that the removal would violate the principle of non-refoulement, the competent authorities shall refer the third-country national to the appropriate procedure, including, where applicable, the asylum procedure in accordance with Regulation (EU) 2024/1348, or, in the case of Member States not bound by that Regulation, in accordance with equivalent provisions where they have introduced such provisions in national law, or shall assess in accordance with national law whether removal is in compliance with the principle of non-refoulement. The third-country national concerned shall bring forward as soon as possible any relevant information concerning his or her own personal circumstances in order to substantiate his or her claim that removal would violate the principle of non-refoulement. The competent authorities may rely on or take into consideration any previous assessment of the risk of refoulement of that third-country national. Any further assessment that there is a risk of refoulement shall only be made if relevant information has been substantiated.

Member States may decide that the principle of non-refoulement may be assessed by an authority other than the competent authority that is issuing or enforcing the return decision.

Coercive measures taken to ensure removal shall be necessary and proportionate and shall, in any event, not exceed the threshold of reasonable force. They shall be implemented in accordance with national law respecting fundamental rights and with due respect for the dignity and physical integrity of the third-country national concerned.

In carrying out removals by air, Member States shall take into account the common guidelines on security provisions for joint removals by air set out in the Annex to Council Decision 2004/573/EC [^ntr28-L_202602280EN.000101-E0028].

Removal pursuant to Article 10 shall be postponed in the following circumstances:

Removal pursuant to Article 10 may be postponed, taking into account the specific circumstances of the individual case. Where there is a risk of absconding, additional measures may be applied pursuant to paragraph 7 of this Article.

If the third-country national requests postponement of removal, the request shall be duly substantiated.

Member States shall provide the third-country national concerned with a written confirmation of the postponement in accordance with paragraph 1 or 2 and of his or her rights during postponement. A translation of the confirmation may be communicated orally to the third-country national in a language he or she understands or is reasonably presumed to understand, including with the use of interpretation services.

The postponement of the removal shall be reviewed in the event of a change of relevant circumstances.

The following shall be taken into account concerning the situation of the third-country national, including the compliance by the third-country national with the obligations laid down in this Regulation, during periods for which the removal has been postponed:

If the removal is postponed, the measures set out in Articles 18, 23 and 29 may be applied when the conditions are fulfilled.

This Article shall apply to third-country nationals where:

Paragraph 1, points (b), (c) and (d), shall also apply to third-country nationals where there are reasonable indications that they have incited or otherwise participated in the commission of the crimes or acts referred to in those points.

Third-country nationals falling within the scope of this Article shall be subject to removal in accordance with Article 10.

Member States shall take the necessary measures to ensure that return decisions concerning third-country nationals falling within the scope of this Article are dealt with and enforced as a matter of priority.

By way of derogation from the relevant provisions of this Regulation, third-country nationals falling within the scope of this Article may be:

When the threat to public policy, to public security or to national security posed by third-country nationals referred to in paragraph 1, point (a), cannot be effectively addressed pursuant to this Article, Member States may provide for other measures under national law. The Member States shall ensure that, when the relevant decision is taken, the measure is necessary and proportionate having regard to the severity of that threat, or the danger posed by the person concerned.

Member States may rely on an existing thorough security assessment of all relevant circumstances carried out by the competent authorities at previous stages, including in the context of asylum, visa, and border control procedures, including screening.

Return of illegally staying third-country nationals to a country of return referred to in Article 3, point (3)(g), requires an agreement or arrangement to be concluded with that third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected.

An agreement or arrangement concluded pursuant to paragraph 1 shall set out the following:

Where an agreement or arrangement concluded pursuant to paragraph 1 of this Article provides for onward return to a country of return as referred to in Article 3, points (3)(a) to (d), that agreement or arrangement shall, in addition to paragraph 2 of this Article, set out the following:

Member States shall, at an appropriate time, inform the relevant Member States of negotiations on an agreement or arrangement as referred to in paragraph 1 with a third country that shares a common border with those Member States. Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with paragraph 1 prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. The Commission and the other Member States shall also be informed of any subsequent changes to, or the termination of, such agreements or arrangements.

Unaccompanied minors shall not be returned to a country of return referred to in Article 3, point (3)(g) pursuant to an agreement or arrangement referred to in paragraph 1 of this Article.

Where, as a result of statements by the third-country national, available documentary evidence or other relevant indications, there are doubts as to whether or not he or she is a minor, the competent authority may undertake an age assessment in accordance with Union or national law. For the purpose of such an age assessment, the competent authority may have regard to the procedure set out in Article 25 of Regulation (EU) 2024/1348.

The competent authority may rely on an existing age assessment conducted in previous stages of the return procedure or in other relevant procedures.

A Member State may recognise the results of an age assessment of another Member State where that age assessment was carried out in compliance with Union law.

A refusal to undergo an age assessment, including the medical examination, shall not prevent the competent authority from continuing the return procedure. Such refusal may only be considered to be a rebuttable presumption that the third-country national is not a minor.

Assistance by appropriate bodies other than the authorities enforcing return shall be provided in accordance with the best interests of the child.

A representative or a person designated to safeguard the best interests of the child shall be appointed to represent, assist and act, as applicable, on behalf of an unaccompanied minor in the return process. It shall be ensured that the appointed representative is appropriately trained in child-friendly and age-appropriate communication and that they can communicate, including with the use of interpretation services, in a language that the minor understands or is reasonably presumed to understand. That person may be the person designated to act as a representative under Directive (EU) 2024/1346 of the European Parliament and of the Council [^ntr32-L_202602280EN.000101-E0032] where the person has been designated in accordance with Article 27 of that Directive.

The unaccompanied minor shall be heard, either directly or through the representative or person referred to in paragraph 2, including in the context of the determination of the best interests of the child. At the latest before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the country of return.

Third-country nationals shall comply with the obligation to leave the territory of the Member States and they shall have the obligation to cooperate with the competent authorities of the Member States at all stages of the return procedure.

Third-country nationals shall provide competent authorities with information on any changes in his or her individual situation relevant for the purpose of this Regulation, without undue delay.

Without prejudice to the obligation to leave the territory of the Member States, third-country nationals shall:

The information, documents and documentation or, where not available, copies and electronic records thereof, referred to in paragraph 3, point (c), shall include in particular third-country nationals’ statements and any documentation in their possession regarding:

Where the competent authorities decide to retain any document necessary for the purpose of return as referred to in paragraph 3, point (c), they shall ensure that the third-country national receives without undue delay photocopies or other appropriate proof of retention of the documents. In the case of voluntary return, the competent authorities shall either hand back such documents to the third-country national at the time of departure or upon arrival in the third country.

The third-country national shall be contactable by means of communication as defined in national law. Member States shall establish in national law the method of communication and the point in time at which the communication is considered received by and notified to the third-country national or make use of digital systems developed and/or supported by the Member States or the Union for the purpose of such communication.

There is a risk of absconding, in an individual case, unless proven otherwise, where one or more of the following criteria is fulfilled:

In cases not covered by paragraph 1, the risk of absconding shall be determined on the basis of an overall assessment of the circumstances of the individual case. The assessment shall take into account one or more of the following criteria regarding the illegally staying third-country national concerned:

For the purpose of preparing and ensuring an effective return or to further incentivise compliance with the obligations to leave and cooperate, Member States may impose on the third-country national one or more of the following measures:

Any measure referred to in paragraph 1 shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.

The measures referred to in paragraph 1 may also be imposed on third-country nationals who cannot be removed, due to their lack of cooperation with the competent authorities.

Upon request, competent authorities may grant the third-country national permission not to comply temporarily with a measure referred to in paragraph 1.

The third-country national shall be informed whether or not the permission in accordance with paragraph 4 is granted.

The third-country national shall not be required to request permission pursuant to paragraph 4 to attend appointments with authorities and courts, where it would otherwise have violated the obligations of paragraph 1, and where the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments in advance.

The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.

The third-country national shall be informed of any decision to apply measures referred to in paragraph 1 of this Article and of the consequences of non-compliance with that decision, including detention under Article 29.

Without prejudice to investigative measures for other reasons not related to return in accordance with national law, the competent authorities of the Member States may, where necessary, proportionate and duly justified for the purpose of preparing or ensuring an effective return:

Any investigative measures under paragraph 1, points (a), (b) and (c), may be carried out without the consent of the third-country national concerned.

Any investigative measures imposed in accordance with paragraph 1, points (a), (b) and (c), shall respect fundamental rights and be subject to the safeguards and remedies provided for in Union and national law.

Member States may impose one or more of the following alternatives to detention, taking into account the individual circumstances of the third-country national concerned, including the level of the risk of absconding assessed in accordance with Article 19:

The measures referred to in paragraph 1 shall primarily aim to ensure the effective and timely return of the third-country national.

A decision to apply the measures referred to in paragraph 1 shall state the relevant reasons of fact and of law.

Third-country nationals shall be informed in writing of any decision to apply the measures referred to in paragraph 1 and the consequence of non-compliance with that decision, including detention under Article 29.

Member States shall ensure that decisions to apply the measures referred to in paragraph 1 are reviewed by a court or tribunal upon application by the third-country national concerned or ex officio.

Competent authorities shall ensure that third-country nationals subject to return are informed of the following:

The information provided pursuant to paragraph 1 shall be given without undue delay in a language which the third-country national understands or is reasonably presumed to understand. That information may be provided by means of standard information sheets, either on paper or in electronic format, and, where necessary, supplemented orally, using translation and interpretation services. In the case of unaccompanied minors, the information shall be provided in an age-appropriate manner with the involvement of the representative or the person designated to assist the minor referred to in Article 17(2).

Where the competent authority proceeds with removal on the basis of a return decision or a decision ordering removal which has determined more than one country of return, the third-country national shall be informed of the country of return to which he or she will be removed sufficiently in advance of the removal.

In the case of an appeal before a court or tribunal in accordance with Article 27, Member States shall, at the request of the third-country national, ensure that he or she is provided with necessary free legal assistance and representation.

The competent authorities shall ensure that unaccompanied minors are represented and assisted in such a way so as to enable them to benefit from their rights and comply with their obligations under this Regulation.

Free legal assistance and representation shall be provided by legal advisers or other suitably qualified persons, admitted or permitted under national law to assist or represent the third-country national, or by non-governmental organisations accredited under national law to provide legal services or representation to third-country nationals.

The provision of free legal assistance and representation in the appeal procedure may be excluded by the Member States where:

The third-country national requesting free legal assistance and representation shall disclose his or her financial situation and immediately inform the competent authorities of any significant change to his or her financial situation, unless national law provides for free legal assistance and representation irrespective of the person’s financial situation.

With the exception of any assistance provided to unaccompanied minors, Member States may:

Member States shall lay down specific procedural rules governing the manner in which requests for free legal assistance and representation in relation to an appeal before a court or tribunal in accordance with Article 27 are filed and processed, or apply existing rules for domestic claims of a similar nature, provided that those rules do not render access to free legal assistance and representation excessively difficult or impossible.

Where a decision not to grant free legal assistance and representation is taken by an authority which is not a court or tribunal on the grounds that the appeal is considered to have no tangible prospect of success or to be abusive, the third-country national shall have the right to an effective remedy before a court or tribunal against that decision.

Member States may provide for free legal assistance and representation in the administrative procedure in accordance with national law.

The third-country national concerned shall be afforded an effective remedy to challenge the decisions referred to in Article 5(1), Article 8 and Article 10(3) before a court or tribunal competent under national law.

The effective remedy shall provide for a full examination of both points of fact and points of law.

Where material in the file brought to the attention of the court or tribunal competent for the remedy against a return decision or decision ordering removal, as supplemented or clarified following adversarial proceedings, suggests that the third-country national concerned is at risk of refoulement, compliance with the requirements arising from the principle of non-refoulement shall be verified.

The annulment or revocation of a non-essential element of a return decision shall not result in the annulment or revocation of the remainder of the decision concerned.

For the purpose of applying this Regulation, the Member States shall lay down in national law a period for lodging an appeal challenging the decisions referred to in Article 5(1), Article 8 and Article 10(3) before a court or tribunal of first instance which shall not exceed 14 days.

The time limits referred to in paragraph 1 shall start to run from the date on which any of the decisions referred to in Article 5(1), Article 8 and Article 10(3) is notified to the third-country national, or is considered to have been notified under national law.

Where a return decision is based on, or issued in, the same act as a decision refusing or ending the legal stay, the time limits to appeal the return decision may be those laid down in national law for appealing a decision ending or refusing legal stay.

Where an entry ban or a decision ordering removal is issued together with a return decision pursuant to Article 5(12), they shall be appealed against jointly with that return decision, before the same court or tribunal and within the same proceedings and the same time limits. Where an entry ban or decision ordering removal is issued separately from a return decision or is the only decision being challenged, it may be appealed against separately.

Although this Regulation does not provide for automatic suspensive effect of an appeal, Member States shall ensure, fully respecting Article 47 of the Charter, that removal can be suspended by the competent court or tribunal of first instance prior to the enforcement of the decisions issued pursuant to Article 5 and Article 10(3). The removal may be suspended upon request of the third-country national concerned for the period for lodging the appeal pursuant to Article 27 or, where an appeal has been lodged, for the period pending the outcome of such an appeal, unless national law also provides that enforcement of such a decision may be suspended ex officio. This paragraph shall be without prejudice to provisions of national law which provide for an automatic suspensive effect of remedies before a court or tribunal of first instance.

In the assessment of the request pursuant to paragraph 1, the court or tribunal may rely on the material in the file brought to its attention, including any assessment of relevant circumstances carried out at previous stages of the return procedure and, where relevant, of the asylum procedure.

Where a further appeal against a first or subsequent appeal decision is lodged, the removal shall not be suspended unless national law provides for a suspensive effect of such remedies or the third-country national requests suspension and a competent court or tribunal decides to grant it, taking due account of the specific circumstances of the individual case.

Member States may detain a third-country national pursuant to this Regulation on the basis of an individual assessment of each case and only in so far as detention is proportionate.

Member States may only keep in detention a third-country national for the purpose of return, including for preparing the return, readmission or carrying out the removal.

A third-country national may only be detained based on one or more of the following grounds for detention:

Detention shall be ordered by administrative or judicial authorities. Detention shall be ordered by a written decision giving the reasons of fact and of law on which it is based as well as information on available legal remedies. The decision shall be communicated orally or in writing to the third-country national in a language that he or she understands or is reasonably presumed to understand, including with the use of interpretation or translation services.

When detaining a third-country national pursuant to paragraph 2, Member States shall take into account whether the third-country national is a vulnerable person.

Detention shall be maintained for as short a period as possible and for as long as the grounds laid down in Article 29 are fulfilled and it is necessary to ensure the effective and successful return of the third-country national.

When it appears that the grounds laid down in Article 29 are no longer fulfilled, the third-country national shall be released from detention pursuant to this Regulation. Such release shall not preclude the application of measures in accordance with Articles 20 and 23.

Detention shall not exceed 12 months in a Member State. Where the return procedure is likely to last longer owing to a lack of cooperation by the third-country national concerned, or delays in obtaining the necessary documentation from third countries, or in other exceptional circumstances provided for in national law, detention may be applied for a longer period but shall not exceed 24 months in a Member State.

Detention may, after the expiry of the maximum detention period of 24 months pursuant to paragraph 3, be applied for additional periods, not exceeding 6 months in total, where there is a risk of absconding and where one or more of the following changes in circumstances indicate a reasonable prospect of removal:

The expiry of the maximum detention periods in accordance with paragraphs 3 and 4 does not preclude the application of measures in accordance with Articles 20 and Article 23.

Where a third-country national is cooperating on his or her return during detention, the voluntary return of the third-country national concerned shall, where appropriate, be organised without undue delay. Detention may, where relevant, be maintained until departure to ensure effective return in compliance with paragraphs 3 and 4.

Member States shall ensure that detention is reviewed at least every six months either on application by the third-country national concerned or ex officio.

Member States shall ensure that detention of unaccompanied minors is reviewed ex officio at least every three months, or upon request of the unaccompanied minor concerned or the representative or person appointed pursuant to Article 17(2).

Where detention has been ordered or extended by administrative authorities, Member States shall:

Detention shall generally take place in specialised facilities, including those in dedicated branches of other facilities. Where a Member State cannot provide for detention in such facilities and is obliged to resort to prison accommodation, the third-country nationals shall, to the extent possible, be kept separated from ordinary prisoners.

Detained third-country nationals shall have access to open-air space. Access to open-air space may be restricted for a limited period of time, if necessary and proportionate to ensure a well-functioning detention facility.

Third-country nationals in detention shall be allowed, upon request, to establish in due time contact with legal representatives, family members and competent consular authorities.

Particular attention shall be paid to the special needs of detained vulnerable persons. Emergency health care and essential treatment of illness shall be provided to detained third-country nationals.

Legal representatives, family members, competent consular authorities and relevant and competent national, international and non-governmental organisations and bodies shall have the possibility to visit any detention facility and communicate with the third-country nationals and visit them in conditions that respect privacy. Such visits may be subject to authorisation and other appropriate conditions, including prior issuance by a competent authority of an appropriate security clearance in accordance with national law. Member States may impose limits to such access by virtue of national law where such limits are objectively necessary for the security, public order or administrative management of the facility.

Third-country nationals kept in detention shall be provided with information which explains the rules applied in the facility and sets out their rights and obligations in a language they understand or are reasonably presumed to understand. Such information shall include information on their entitlement under national law to contact the persons or bodies referred to in paragraphs 3 and 5.

Third-country nationals identified as posing security risks pursuant to Article 13 may be placed under enhanced security arrangements within detention facilities, including stricter separation measures or increased supervision, for a period strictly necessary to manage the risk and facilitate their return.

Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time and taking into account the best interests of the child.

Unaccompanied minors and families with minors shall during the detention period be provided with separate accommodation guaranteeing adequate privacy. Personnel shall be adequately trained, and facilities adapted to take into account the needs of minors and their age and their gender.

Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have access to education or educational activities in the format most appropriate to the duration of their detention.

After issuing a return decision, competent authorities shall where relevant, with the support of Frontex where relevant, initiate readmission, including, where applicable, in relation to the confirmation of nationality of the third-country national, the issuance of a travel document for the third-country national and the organisation of a return operation.

The readmission in third countries shall be supported by dedicated Union return liaison officers financed by the Union. Such liaison officers shall be part of the structure of the Union delegations and shall closely coordinate with the Commission in achieving the relevant Union policy priorities.

Member States shall make use of all appropriate means of cooperation and of exchanging information in order to implement this Regulation.

The exchange of information shall be carried out at the request of a Member State and may only take place between Member States’ competent authorities.

Member States shall, upon request, communicate to each other available information concerning a third-country national falling within the scope of this Regulation for the purpose of carrying out the return procedure and providing return and reintegration assistance.

Where the information referred to in paragraph 3 of this Article can be exchanged through the EU Information Systems as defined in Article 4, point 15, of Regulation (EU) 2019/818 of the European Parliament and of the Council [^ntr35-L_202602280EN.000101-E0035] or through supplementary information in compliance with Regulation (EU) 2018/1860, such information shall, as a general rule, be exchanged only through those means.

The request for information shall include the grounds on which it is based.

The information referred to in paragraph 3 may include in particular:

The requested Member State shall be obliged to reply as soon as possible and at the latest within two weeks.

A lack of response, an incomplete response or a delayed response from a Member State to a request made pursuant to this Article shall not prevent or delay the enforcement of a return decision or a decision ordering removal initiated by another Member State. The requesting Member State may proceed on the basis of the information already available to its competent authorities, in accordance with Union and national law.

The information exchanged may be used only for the purposes set out in paragraph 3. In each Member State such information may, depending on its type and the powers of the recipient authority, only be communicated to authorities or judicial authorities entrusted with the return procedure, the readmission or the provision of reintegration assistance.

Member States shall upon request transfer to each other the original travel documents of a third-country national, where those travel documents are necessary to ensure return.

Without prejudice to Articles 38 and 39, data referred to in Article 36(6), points (a) to (h) may be processed and transferred by a competent authority and, where applicable, Frontex to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as airlines or medical providers, where necessary for the purposes of return, readmission or reintegration.

Member States and Frontex transferring personal data pursuant to paragraph 1 of this Article shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively.

Where a transfer is made pursuant to paragraph 1 of this Article, such a transfer shall be documented and the documentation shall, upon request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer and information about the receiving third country’s competent authority. That documentation shall be limited to the information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligations for Member States.

Data relating to one or more criminal convictions of a third-country national may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met:

Where Member States and Frontex transfer personal data pursuant to paragraph 1 of this Article, they shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively.

Where a transfer is made pursuant to paragraph 1 of this Article, such a transfer shall be documented and the documentation shall, upon request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 of this Article and the personal data transferred. That documentation shall be limited to the information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligations for Member States.

Data concerning the medical assistance to be provided to third-country nationals during the return operation may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex, to a third country’s competent authority or third parties competent for reintegration assistance or other tasks related to implementing the return, such as medical providers, where the following conditions are met:

Data concerning health and medical needs of third-country nationals may be processed and transferred in individual cases by a competent authority and, where applicable, Frontex to a third party competent for reintegration assistance or other tasks related to implementing the return where the following conditions are met:

Member States and Frontex transferring personal data pursuant to paragraph 1 or 2 of this Article shall ensure that such transfers comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, respectively.

Where a transfer is made pursuant to paragraph 1 or 2 of this Article, such a transfer shall be documented and the documentation shall, upon request, be made available to the competent supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and Article 52(1) of Regulation (EU) 2018/1725, including the date and time of the transfer, information about the receiving third country’s competent authority, the justification that the transfer complies with the conditions laid down in paragraph 1 or 2 of this Article and the personal data transferred. That documentation shall be limited to the information strictly necessary to demonstrate compliance with the legal basis for the transfer and shall not entail any additional reporting obligations for Member States.

A common system for returns pursuant to this Regulation shall consist of:

The development of digital systems shall rely, to the greatest extent possible, on existing national infrastructures and interoperable Union systems and shall not create additional reporting or procedural burdens for Member States.

The Union and the Member States shall identify common priorities in the field of return and reintegration and ensure the necessary follow-up, taking into account the European Asylum and Migration Management Strategy adopted pursuant to Article 8 of Regulation (EU) 2024/1351, the implementation of the return border procedure pursuant to Regulation (EU) 2024/1349, the assessment of the level of cooperation of third-countries with Member States on readmission in accordance with Article 25a of Regulation (EC) No 810/2009 and the Union readmission instruments and any other Union instrument relevant for the cooperation on readmission.

The Union and the Member States shall ensure loyal cooperation and close coordination between competent authorities and between the Union and the Member States, as well as synergy between internal and external components.

Cooperation and assistance between competent authorities designated in accordance with Article 41 shall as a general rule take place for the purpose of:

Cooperation and assistance between competent authorities designated in accordance with Article 41 may take place, including for the purpose of:

Member States may request that their competent authorities be assisted by experts deployed or supported by Frontex, including return liaison officers and other liaison officers, in accordance with Regulation (EU) 2019/1896.

Member States shall provide relevant information to Frontex with regard to planned needs for Frontex support for the purpose of the necessary planning of that support in accordance with Regulation (EU) 2019/1896.

Member States shall ensure availability of return and reintegration counselling to provide, where relevant, third-country nationals with information and guidance about return and reintegration options, including programmes referred to in paragraph 3, as early in the return process as possible. Return and reintegration counselling may be combined with other counselling in the context of other migration procedures in the Member State.

Member States shall ensure that information about return and reintegration is provided at the latest when the return decision is issued.

Member States shall ensure the availability of return and reintegration programmes, supported or financed at Union or national level. Such programmes shall include logistical, financial or other material or in-kind assistance or incentives, including reintegration assistance in the country of return, provided to a third-country national.

Return and reintegration assistance shall not be an individual right and shall not constitute a pre-requisite for the readmission procedure.

The assistance provided through return and reintegration programmes shall reflect the level of cooperation and compliance of the third-country national and may be reduced over time or withdrawn. The following criteria may be taken into account when determining the kind and extent of the return and reintegration assistance where applicable: