BETA


2015/0306(COD) European travel document for the return of illegally staying third-country nationals

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE HALLA-AHO Jussi (icon: ECR ECR) MUSSOLINI Alessandra (icon: PPE PPE), DALLI Miriam (icon: S&D S&D), MICHEL Louis (icon: ALDE ALDE), SARGENTINI Judith (icon: Verts/ALE Verts/ALE), WINBERG Kristina (icon: EFDD EFDD)
Committee Opinion DEVE
Committee Opinion AFET
Lead committee dossier:
Legal Basis:
TFEU 079-p2

Events

2016/11/26
   EC - Commission response to text adopted in plenary
Documents
2016/11/17
   Final act published in Official Journal
Details

PURPOSE: to establish the format and the technical specifications of a European travel document for the return of third-country nationals subject to a return decision.

LEGISLATIVE ACT: Regulation (EU) 2016/1953 of the European Parliament and of the Council on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994.

CONTENT: this Regulation establishes a uniform European travel document for the return of illegally staying third-country nationals . It sets out in particular its format, security features and technical specifications. These may be found in the annex to the Regulation.

The European travel document for return shall contain the following information:

the name, surname, date of birth, sex, nationality, distinguishing marks and, if known, the address in the third country of return of the third-country national; a photograph of the third-country national; the issuing authority, date and place of issue and period of validity; information about the departure and arrival of the third-country national.

It shall be valid for a single journey up until the time of arrival in the third country of return of the third-country national subject to a return decision issued by a Member State.

The Commission is empowered to adopt delegated acts in order to amend the format of the European travel document for return.

Technical specifications : the security features and technical specifications of the European travel document for return shall be those set out in Regulation (EC) No 333/2002 .

Review and reporting : by 8 December 2018, the Commission shall review and report on the effective implementation of this Regulation.

ENTRY INTO FORCE: 7.12.2016.

APPLICATION: 8.4.2017.

DELEGATED ACTS: the power to adopt acts intended to amend certain non-essential elements of the format of the travel document for return shall be conferred on the Commission for an indefinite period from 7.12.2016. A delegated act shall enter into force only if the European Parliament or the Council has not raised objections.

2016/10/26
   CSL - Draft final act
Documents
2016/10/26
   CSL - Final act signed
2016/10/26
   EP - End of procedure in Parliament
2016/10/14
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2016/10/14
   CSL - Council Meeting
2016/09/15
   EP - Results of vote in Parliament
2016/09/15
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 494 votes to 112 with 50 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals.

Parliament’s position, adopted at first reading following the ordinary legislative procedure, amended the Commission proposal as follows:

European travel document for return : it is recalled that the readmission of own nationals is an obligation under international customary law, with which all States are required to comply. In this context, the identification of illegally staying third-country nationals and the issuance of documents including the European travel document for return should, where appropriate, be subject to cooperation with diplomatic representations and negotiations with third countries entering into readmission agreements, either with the Union or with the Member States.

Enhanced security features and technical specifications of the European travel document for return : it is stipulated that the future Regulation should establish a uniform European travel document for the return of illegally staying third-country nationals, in particular its format, security features and technical specifications.

Format and content of the European travel document for return : the format of the European travel document for return shall correspond to the model set out in the Annex.

It shall contain the following information:

the name, surname, date of birth, sex, nationality, distinguishing marks and, if known, the address in the third country of return of the third-country national; a photograph of the third-country national; the issuing authority, date and place of issue and period of validity; information about the departure and arrival of the third-country national.

It should be noted that the European travel document for return shall be valid for a single journey up until the time of arrival in the third country of return of the third-country national subject to a return decision issued by a Member State.

Delegated acts : in order to amend certain non-essential elements of the model for the European travel document for return , the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Review and reporting : by 2 years after the date of entry into force of this Regulation, the Commission shall review and report on the effective implementation of this Regulation.

Documents
2016/09/14
   EP - Debate in Parliament
2016/06/06
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jussi HALLA-AHO (ECR, FI) on the proposal for a regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals.

The committee recommended that the European Parliament’s position at first reading adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:

Scope : Members clarified that this Regulation shall establish the common format and the technical and security specifications of a harmonised European travel document for the return of third country nationals staying irregularly on the territory of the Union.

The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification .

This Regulation shall respect the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular human dignity and the protection in the event of removal, expulsion or extradition. It should apply without prejudice to the right to an effective remedy and to a fair trial and to the right to asylum as provided for the Charter.

Union readmission agreements : Members introduced a definition stipulating that it shall mean agreements which are based on reciprocal obligations and are concluded between the Union and third countries to facilitate the return of persons residing irregularly on the territory of the Union, in accordance with Article 79 (3) TFEU. The negotiation of new Union readmission agreements , which should take precedence over bilateral agreements between Member States and third countries, would guarantee a more effective implementation of this Regulation, within the framework of a more coherent return policy. If third countries entering into readmission agreements, either with the Union or the Member States, refuse to legally recognise the European travel document for return, a formal explanation for such refusal should be provided.

European travel document for return : the document shall contain a passport photograph. It shall be established in an official language or the languages of the Member State that issues the return decision and it shall be translated into English and French and, where possible, into an official language of the third country of return . The document shall be valid for a single journey which ends in the returnee arrival in the third country of return.

Additional documents : where necessary, available, relevant, and for the purpose of facilitating the readmission of a third country national staying irregularly on the territory of the Union, additional documents may be attached to the European travel document for return, provided that they do not endanger the private life, liberty or property of the returnee and respect the data protection safeguards provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council .

In the case of forced returns , a declaration of fitness to travel, following a medical examination carried out prior to removal, shall be attached to the European travel document for return.

Technical specifications : an amendment stipulated that the security features and technical specifications of the European travel document for return shall update those already set in application of Council Regulation (EC) No 333/2002 in order to include digital elements which can ensure the security and safety of the document issued.

Delegated acts : the Commission shall adopted delegated acts in order to amend or supplement certain non-essential elements of the model for a European travel document for return, and to facilitate cooperation between agencies of the Union in the field of migration for the purpose of providing Union travel documents, issuing documents and enhancing consular cooperation with third countries.

Review : the Commission shall review this Regulation no later than 18 months after its entry into force to assess, in detail, its impact on the effective enforcement of return decisions, and whether it is necessary to amend any of the features of the European travel document for return.

That review shall take account of returns in the context of Union readmission agreements, bilateral readmission agreements or other arrangements with third countries, as well as in the context of return-related cooperation with third countries not covered by formal agreements.

The Commission shall present the results of its review to the Parliament and to the Council accompanied, if appropriate, by a legislative proposal to amend this Regulation.

Documents
2016/05/30
   EP - Vote in committee, 1st reading
2016/05/30
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2016/05/09
   EP - Amendments tabled in committee
Documents
2016/04/04
   EP - Committee draft report
Documents
2016/03/29
   IT_SENATE - Contribution
Documents
2016/03/29
   PT_PARLIAMENT - Contribution
Documents
2016/02/15
   CZ_CHAMBER - Contribution
Documents
2016/02/15
   EP - HALLA-AHO Jussi (ECR) appointed as rapporteur in LIBE
2016/02/01
   EP - Committee referral announced in Parliament, 1st reading
2015/12/15
   EC - Legislative proposal published
Details

PURPOSE: to establish the format and the technical specifications of a European travel document for the return of third-country nationals subject to a return decision.

PROPOSED ACT: Regulation of the European Parliament and of the council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the effective return of third country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member State of the Union is an essential part of a comprehensive approach to ensure the proper functioning of the EU migration policies and for maintaining public trust in the Union migration system. However, the EU system to return irregular migrants is not sufficiently effective.

The lack of valid travel documents issued by the country of destination of the returnee is one of the main obstacles to successful return. At present, Member States may issue a substitute document for those illegally staying third-country nationals who do not possess a valid travel document. However, its recognition by third countries is low, including because of its unsatisfactory security features and standards.

CONTENT: the objective of this proposal is to establish a dedicated European travel document for the return of third-country nationals subject to a return decision.

It aims to:

harmonise the format and technical specifications of the European travel document for the return of illegally staying third-country nationals in order to ensure higher technical and security standards, in particular as regards safeguards against counterfeiting and falsification; facilitate recognition of this document by third countries for the purpose of return and readmission; increase flexibility for the authorities of third countries in terms of managing documents in order for them to accelerate the administrative procedures for return and reduce the administrative burden on competent consular authorities; set the rules relating to the fees for issuing the European travel document for return, which shall be free of charge for the third-country national given that it shall only be valid for a single journey; contribute to reducing the period during which returnees awaiting removal are kept in administrative detention.

Documents

Activities

Votes

A8-0201/2016 - Jussi Halla-aho - Résolution législative #

2016/09/15 Outcome: +: 494, -: 112, 0: 50
IT DE PL RO GB CZ ES BG HU BE PT SK NL AT FR LT HR SI SE MT EE FI EL LU LV DK IE CY
Total
67
90
44
28
57
19
45
15
17
19
19
13
20
18
65
9
9
7
16
6
6
9
20
6
6
10
10
5
icon: PPE PPE
184

Lithuania PPE

1

Estonia PPE

For (1)

1

Finland PPE

For (1)

1

Luxembourg PPE

3

Latvia PPE

2

Denmark PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
170

Czechia S&D

3

Netherlands S&D

For (1)

1

Croatia S&D

For (1)

1

Slovenia S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Latvia S&D

1

Denmark S&D

2

Ireland S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
59

Romania ALDE

3

United Kingdom ALDE

1

Bulgaria ALDE

3

Austria ALDE

For (1)

1

Croatia ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Estonia ALDE

3

Finland ALDE

2

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Denmark ALDE

1

Ireland ALDE

For (1)

1
icon: ECR ECR
67

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

2

Netherlands ECR

2

Lithuania ECR

1

Croatia ECR

For (1)

1
2

Greece ECR

For (1)

1

Latvia ECR

For (1)

1
icon: EFDD EFDD
36

Germany EFDD

Abstain (1)

1

Poland EFDD

1

Czechia EFDD

For (1)

1

France EFDD

1

Sweden EFDD

2
icon: NI NI
12

Germany NI

2

Poland NI

Abstain (1)

1

United Kingdom NI

Abstain (1)

1

Hungary NI

2

France NI

Against (1)

2
icon: ENF ENF
33

Germany ENF

Abstain (1)

1

Poland ENF

Abstain (1)

1

United Kingdom ENF

Abstain (1)

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

2
icon: GUE/NGL GUE/NGL
49

Italy GUE/NGL

3

United Kingdom GUE/NGL

Against (1)

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

Against (1)

3

Finland GUE/NGL

Against (1)

1

Denmark GUE/NGL

Against (1)

1
4

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
45

United Kingdom Verts/ALE

4

Hungary Verts/ALE

Against (1)

1

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Lithuania Verts/ALE

Against (1)

1

Croatia Verts/ALE

Against (1)

1

Estonia Verts/ALE

Abstain (1)

1

Finland Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1
AmendmentsDossier
76 2015/0306(COD)
2016/05/09 LIBE 76 amendments...
source: 582.194

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2016-05-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE582.194 title: PE582.194 type: Amendments tabled in committee body: EP
  • date: 2016-10-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00030/2016/LEX type: Draft final act body: CSL
  • date: 2016-11-26T00:00:00 docs: url: /oeil/spdoc.do?i=27315&j=0&l=en title: SP(2016)737 type: Commission response to text adopted in plenary
  • date: 2016-02-16T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2015)0668 title: COM(2015)0668 type: Contribution body: CZ_CHAMBER
  • date: 2016-03-30T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2015)0668 title: COM(2015)0668 type: Contribution body: IT_SENATE
  • date: 2016-03-30T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2015)0668 title: COM(2015)0668 type: Contribution body: PT_PARLIAMENT
events
  • date: 2015-12-15T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0668/COM_COM(2015)0668(ANN)_EN.pdf title: COM(2015)0668 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2015&nu_doc=0668 title: EUR-Lex summary: PURPOSE: to establish the format and the technical specifications of a European travel document for the return of third-country nationals subject to a return decision. PROPOSED ACT: Regulation of the European Parliament and of the council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the effective return of third country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member State of the Union is an essential part of a comprehensive approach to ensure the proper functioning of the EU migration policies and for maintaining public trust in the Union migration system. However, the EU system to return irregular migrants is not sufficiently effective. The lack of valid travel documents issued by the country of destination of the returnee is one of the main obstacles to successful return. At present, Member States may issue a substitute document for those illegally staying third-country nationals who do not possess a valid travel document. However, its recognition by third countries is low, including because of its unsatisfactory security features and standards. CONTENT: the objective of this proposal is to establish a dedicated European travel document for the return of third-country nationals subject to a return decision. It aims to: harmonise the format and technical specifications of the European travel document for the return of illegally staying third-country nationals in order to ensure higher technical and security standards, in particular as regards safeguards against counterfeiting and falsification; facilitate recognition of this document by third countries for the purpose of return and readmission; increase flexibility for the authorities of third countries in terms of managing documents in order for them to accelerate the administrative procedures for return and reduce the administrative burden on competent consular authorities; set the rules relating to the fees for issuing the European travel document for return, which shall be free of charge for the third-country national given that it shall only be valid for a single journey; contribute to reducing the period during which returnees awaiting removal are kept in administrative detention.
  • date: 2016-02-01T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-05-30T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-05-30T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2016-06-06T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0201&language=EN title: A8-0201/2016 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jussi HALLA-AHO (ECR, FI) on the proposal for a regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals. The committee recommended that the European Parliament’s position at first reading adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows: Scope : Members clarified that this Regulation shall establish the common format and the technical and security specifications of a harmonised European travel document for the return of third country nationals staying irregularly on the territory of the Union. The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification . This Regulation shall respect the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular human dignity and the protection in the event of removal, expulsion or extradition. It should apply without prejudice to the right to an effective remedy and to a fair trial and to the right to asylum as provided for the Charter. Union readmission agreements : Members introduced a definition stipulating that it shall mean agreements which are based on reciprocal obligations and are concluded between the Union and third countries to facilitate the return of persons residing irregularly on the territory of the Union, in accordance with Article 79 (3) TFEU. The negotiation of new Union readmission agreements , which should take precedence over bilateral agreements between Member States and third countries, would guarantee a more effective implementation of this Regulation, within the framework of a more coherent return policy. If third countries entering into readmission agreements, either with the Union or the Member States, refuse to legally recognise the European travel document for return, a formal explanation for such refusal should be provided. European travel document for return : the document shall contain a passport photograph. It shall be established in an official language or the languages of the Member State that issues the return decision and it shall be translated into English and French and, where possible, into an official language of the third country of return . The document shall be valid for a single journey which ends in the returnee arrival in the third country of return. Additional documents : where necessary, available, relevant, and for the purpose of facilitating the readmission of a third country national staying irregularly on the territory of the Union, additional documents may be attached to the European travel document for return, provided that they do not endanger the private life, liberty or property of the returnee and respect the data protection safeguards provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council . In the case of forced returns , a declaration of fitness to travel, following a medical examination carried out prior to removal, shall be attached to the European travel document for return. Technical specifications : an amendment stipulated that the security features and technical specifications of the European travel document for return shall update those already set in application of Council Regulation (EC) No 333/2002 in order to include digital elements which can ensure the security and safety of the document issued. Delegated acts : the Commission shall adopted delegated acts in order to amend or supplement certain non-essential elements of the model for a European travel document for return, and to facilitate cooperation between agencies of the Union in the field of migration for the purpose of providing Union travel documents, issuing documents and enhancing consular cooperation with third countries. Review : the Commission shall review this Regulation no later than 18 months after its entry into force to assess, in detail, its impact on the effective enforcement of return decisions, and whether it is necessary to amend any of the features of the European travel document for return. That review shall take account of returns in the context of Union readmission agreements, bilateral readmission agreements or other arrangements with third countries, as well as in the context of return-related cooperation with third countries not covered by formal agreements. The Commission shall present the results of its review to the Parliament and to the Council accompanied, if appropriate, by a legislative proposal to amend this Regulation.
  • date: 2016-09-14T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20160914&type=CRE title: Debate in Parliament
  • date: 2016-09-15T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27315&l=en title: Results of vote in Parliament
  • date: 2016-09-15T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0352 title: T8-0352/2016 summary: The European Parliament adopted by 494 votes to 112 with 50 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals. Parliament’s position, adopted at first reading following the ordinary legislative procedure, amended the Commission proposal as follows: European travel document for return : it is recalled that the readmission of own nationals is an obligation under international customary law, with which all States are required to comply. In this context, the identification of illegally staying third-country nationals and the issuance of documents including the European travel document for return should, where appropriate, be subject to cooperation with diplomatic representations and negotiations with third countries entering into readmission agreements, either with the Union or with the Member States. Enhanced security features and technical specifications of the European travel document for return : it is stipulated that the future Regulation should establish a uniform European travel document for the return of illegally staying third-country nationals, in particular its format, security features and technical specifications. Format and content of the European travel document for return : the format of the European travel document for return shall correspond to the model set out in the Annex. It shall contain the following information: the name, surname, date of birth, sex, nationality, distinguishing marks and, if known, the address in the third country of return of the third-country national; a photograph of the third-country national; the issuing authority, date and place of issue and period of validity; information about the departure and arrival of the third-country national. It should be noted that the European travel document for return shall be valid for a single journey up until the time of arrival in the third country of return of the third-country national subject to a return decision issued by a Member State. Delegated acts : in order to amend certain non-essential elements of the model for the European travel document for return , the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. Review and reporting : by 2 years after the date of entry into force of this Regulation, the Commission shall review and report on the effective implementation of this Regulation.
  • date: 2016-10-14T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2016-10-26T00:00:00 type: Final act signed body: CSL
  • date: 2016-10-26T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-11-17T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to establish the format and the technical specifications of a European travel document for the return of third-country nationals subject to a return decision. LEGISLATIVE ACT: Regulation (EU) 2016/1953 of the European Parliament and of the Council on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994. CONTENT: this Regulation establishes a uniform European travel document for the return of illegally staying third-country nationals . It sets out in particular its format, security features and technical specifications. These may be found in the annex to the Regulation. The European travel document for return shall contain the following information: the name, surname, date of birth, sex, nationality, distinguishing marks and, if known, the address in the third country of return of the third-country national; a photograph of the third-country national; the issuing authority, date and place of issue and period of validity; information about the departure and arrival of the third-country national. It shall be valid for a single journey up until the time of arrival in the third country of return of the third-country national subject to a return decision issued by a Member State. The Commission is empowered to adopt delegated acts in order to amend the format of the European travel document for return. Technical specifications : the security features and technical specifications of the European travel document for return shall be those set out in Regulation (EC) No 333/2002 . Review and reporting : by 8 December 2018, the Commission shall review and report on the effective implementation of this Regulation. ENTRY INTO FORCE: 7.12.2016. APPLICATION: 8.4.2017. DELEGATED ACTS: the power to adopt acts intended to amend certain non-essential elements of the format of the travel document for return shall be conferred on the Commission for an indefinite period from 7.12.2016. A delegated act shall enter into force only if the European Parliament or the Council has not raised objections. docs: title: Regulation 2016/1953 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R1953 title: OJ L 311 17.11.2016, p. 0013 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:311:TOC
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  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
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  • 7.10.04 External borders crossing and controls, visas
  • 7.10.06 Asylum, refugees, displaced persons; Asylum, Migration and Integration Fund (AMIF)
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  • The European Parliament adopted by 494 votes to 112 with 50 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals.

    Parliament’s position, adopted at first reading following the ordinary legislative procedure, amended the Commission proposal as follows:

    European travel document for return: it is recalled that the readmission of own nationals is an obligation under international customary law, with which all States are required to comply. In this context, the identification of illegally staying third-country nationals and the issuance of documents including the European travel document for return should, where appropriate, be subject to cooperation with diplomatic representations and negotiations with third countries entering into readmission agreements, either with the Union or with the Member States.

    Enhanced security features and technical specifications of the European travel document for return: it is stipulated that the future Regulation should establish a uniform European travel document for the return of illegally staying third-country nationals, in particular its format, security features and technical specifications.

    Format and content of the European travel document for return: the format of the European travel document for return shall correspond to the model set out in the Annex.

    It shall contain the following information:

    • the name, surname, date of birth, sex, nationality, distinguishing marks and, if known, the address in the third country of return of the third-country national;
    • a photograph of the third-country national;
    • the issuing authority, date and place of issue and period of validity;
    • information about the departure and arrival of the third-country national.

    It should be noted that the European travel document for return shall be valid for a single journey up until the time of arrival in the third country of return of the third-country national subject to a return decision issued by a Member State.

    Delegated acts: in order to amend certain non-essential elements of the model for the European travel document for return, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

    Review and reporting: by 2 years after the date of entry into force of this Regulation, the Commission shall review and report on the effective implementation of this Regulation.

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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0352 type: Decision by Parliament, 1st reading/single reading title: T8-0352/2016
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  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jussi HALLA-AHO (ECR, FI) on the proposal for a regulation of the European Parliament and of the Council on a European travel document for the return of illegally staying third-country nationals.

    The committee recommended that the European Parliament’s position at first reading adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:

    Scope: Members clarified that this Regulation shall establish the common format and the technical and security specifications of a harmonised European travel document for the return of third country nationals staying irregularly on the territory of the Union.

    The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification.

    This Regulation shall respect the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular human dignity and the protection in the event of removal, expulsion or extradition. It should apply without prejudice to the right to an effective remedy and to a fair trial and to the right to asylum as provided for the Charter.

    Union readmission agreements: Members introduced a definition stipulating that it shall mean agreements which are based on reciprocal obligations and are concluded between the Union and third countries to facilitate the return of persons residing irregularly on the territory of the Union, in accordance with Article 79 (3) TFEU. The negotiation of new Union readmission agreements, which should take precedence over bilateral agreements between Member States and third countries, would guarantee a more effective implementation of this Regulation, within the framework of a more coherent return policy. If third countries entering into readmission agreements, either with the Union or the Member States, refuse to legally recognise the European travel document for return, a formal explanation for such refusal should be provided.

    European travel document for return: the document shall contain a passport photograph. It shall be established in an official language or the languages of the Member State that issues the return decision and it shall be translated into English and French and, where possible, into an official language of the third country of return. The document shall be valid for a single journey which ends in the returnee arrival in the third country of return.

    Additional documents: where necessary, available, relevant, and for the purpose of facilitating the readmission of a third country national staying irregularly on the territory of the Union, additional documents may be attached to the European travel document for return, provided that they do not endanger the private life, liberty or property of the returnee and respect the data protection safeguards provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council.

    In the case of forced returns, a declaration of fitness to travel, following a medical examination carried out prior to removal, shall be attached to the European travel document for return.

    Technical specifications: an amendment stipulated that the security features and technical specifications of the European travel document for return shall update those already set in application of Council Regulation (EC) No 333/2002 in order to include digital elements which can ensure the security and safety of the document issued.

    Delegated acts: the Commission shall adopted delegated acts in order to amend or supplement certain non-essential elements of the model for a European travel document for return, and to facilitate cooperation between agencies of the Union in the field of migration for the purpose of providing Union travel documents, issuing documents and enhancing consular cooperation with third countries.

    Review: the Commission shall review this Regulation no later than 18 months after its entry into force to assess, in detail, its impact on the effective enforcement of return decisions, and whether it is necessary to amend any of the features of the European travel document for return. 

    That review shall take account of returns in the context of Union readmission agreements, bilateral readmission agreements or other arrangements with third countries, as well as in the context of return-related cooperation with third countries not covered by formal agreements.

    The Commission shall present the results of its review to the Parliament and to the Council accompanied, if appropriate, by a legislative proposal to amend this Regulation.

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SARGENTINI Judith
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  • group: ECR name: HALLA-AHO Jussi
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  • group: ALDE name: MICHEL Louis
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  • PURPOSE: to establish the format and the technical specifications of a European travel document for the return of third-country nationals subject to a return decision.

    PROPOSED ACT: Regulation of the European Parliament and of the council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: the effective return of third country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member State of the Union is an essential part of a comprehensive approach to ensure the proper functioning of the EU migration policies and for maintaining public trust in the Union migration system. However, the EU system to return irregular migrants is not sufficiently effective.

    The lack of valid travel documents issued by the country of destination of the returnee is one of the main obstacles to successful return. At present, Member States may issue a substitute document for those illegally staying third-country nationals who do not possess a valid travel document. However, its recognition by third countries is low, including because of its unsatisfactory security features and standards.

    CONTENT: the objective of this proposal is to establish a dedicated European travel document for the return of third-country nationals subject to a return decision.

    It aims to:

    • harmonise the format and technical specifications of the European travel document for the return of illegally staying third-country nationals in order to ensure higher technical and security standards, in particular as regards safeguards against counterfeiting and falsification;
    • facilitate recognition of this document by third countries for the purpose of return and readmission;
    • increase flexibility for the authorities of third countries in terms of managing documents in order for them to accelerate the administrative procedures for return and reduce the administrative burden on competent consular authorities;
    • set the rules relating to the fees for issuing the European travel document for return, which shall be free of charge for the third-country national given that it shall only be valid for a single journey;
    • contribute to reducing the period during which returnees awaiting removal are kept in administrative detention.
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AVRAMOPOULOS Dimitris
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  • date: 2015-12-15T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0668/COM_COM(2015)0668(ANN)_EN.pdf type: Legislative proposal published title: COM(2015)0668 body: EC commission: type: Legislative proposal published
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  • body: EP responsible: False committee_full: Development committee: DEVE
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
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    2015/0306(COD)
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    European travel document for the return of illegally staying third-country nationals
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