The Council of the EU, represented by the Cyprus Presidency, and the European Parliament has reached a provisional political agreement on a new regulation establishing common rules for the return of third-country nationals illegally staying in EU member states, the Cyprus Presidency has announced.
The agreement was clinched during trilogue negotiations held at the European Parliament in Brussels on 1 June. The Cyprus Presidency was represented by Deputy Minister for Migration and International Protection Nicholas Ioannides, while the Parliament's rapporteur was Dutch MEP Malik Azmani. Migration Commissioner Magnus Brunner also participated on behalf of the European Commission.
"This is a really very important step in making sure that we have control over what is happening in the EU, over who comes but also who has to leave the EU," Commissioner Brunner told reporters following the deal.
The new regulation establishes strict obligations for third-country nationals who have no right to stay in the EU, notably the requirement to leave the member state concerned and to cooperate with national authorities. Non-compliance may result in reduced benefits and allowances, and where national law allows, criminal sanctions including imprisonment.
The regulation introduces a European Return Order (ERO), a standardised form facilitating mutual recognition of return decisions between member states, which remains voluntary for now. The Commission will reassess the issue three years after entry into force and may then propose making mutual recognition mandatory.
On return hubs in third countries, the regulation allows member states to conclude arrangements with third countries that respect international human rights standards and the principle of non-refoulement. Unaccompanied minors are explicitly excluded. "The next step is working more on migration diplomacy, together with third countries," Brunner said, without naming candidate countries.
The regulation also increases the maximum detention period for irregular migrants awaiting return from the current six months to 24, with a possible additional six-month extension. For individuals posing a security risk, stricter measures are envisaged, including indefinite entry bans or detention in prison facilities. The regulation also ends the automatic suspensive effect of appeals against return decisions, leaving that determination to the courts.
"The new regulation will speed up the return process and increase returns of persons who have no legal right to stay in the EU. Migration is a top priority for the Cyprus Presidency, and today's landmark agreement strengthens the credibility of the EU's migration policy and complements the EU Pact on Migration and Asylum, always in compliance with human rights," Deputy Minister Ioannides said.
He further stressed that the swift conclusion of the negotiations "reflects the commitment of the institutions to establish a set of EU rules on effective returns as part of a holistic migration system."
On the timeline for implementation, the two co-legislators agreed under Article 52 that the regulation will enter into force the day following its publication in the Official Journal of the EU. However, a number of provisions will become applicable only 12 months later, as they require national legislative and regulatory changes, adaptation of IT systems, and training of staff — elements that formed part of the negotiations between the co-legislators.
This file was one of the key outstanding legislative pieces of the Pact on Migration and Asylum, whose implementation begins on 12 June 2026.
The provisional agreement will now need to be formally endorsed by both the Council and the Parliament following legal-linguistic revision, a process that could be completed within the coming month.
(Source: CNA)
