EUROPEAN COMMISSION

Brussels, 24.1.2023

COM(2023) 45 final

POLICY DOCUMENT

Towards an operational strategy for more effective returns

Establishing an effective and common EU system for returns is a central pillar of well-functioning and credible migration and asylum systems, and of the comprehensive approach of the New Pact on Migration and Asylum ( 1 ). It is also a component of the Strategy towards a fully functioning and resilient Schengen area ( 2 ) to compensate for the absence of controls at internal borders and thereby also an integral part of the Schengen policy cycle, as well as part of the European Integrated Border Management. An effective and common EU system for returns should also serve as a deterrent to help reduce unsafe and irregular migration, prevents exploitation of migrants by breaking the business model of criminal smuggling networks and can promote safe legal pathways. 

The appointment of the EU Return Coordinator, bringing together the strands of EU return policy and facilitating a seamless and interlinked implementation of the return process, supported by a High-Level Network for Return ( 3 ), is one of the key innovations of the New Pact to achieve its overall objectives.

The New Pact foresees that a strategic focus to the work of the EU Return Coordinator and of the High-Level Network will be provided by an operational strategy on returns. Based on the in-depth discussions, useful contributions and common views emerging from the consultations with the High-Level Network for Return so far, the Commission sets out in this policy document the core objectives and the concrete and practical four priority areas of the operational strategy for addressing shortcomings and increasing mutual coherence in implementing the EU policy on return. The annex to this policy document sets out the specific actions that could be implemented in the four priority areas.

The work on return has evolved considerably over the past few years. Negotiations are ongoing to revise the EU legislative framework on asylum and migration, including also in the area of return (recast of the Return Directive ( 4 ), Asylum Procedures Regulation ( 5 ), Asylum and Migration Management Regulation ( 6 )) and should continue at full speed. There are currently 24 EU readmission agreements and arrangements in place with third countries, some working well, others with a need to step up their implementation. The mechanism put in place by Article 25a of the Visa Code ( 7 ) established a formal link between visa policy and readmission cooperation. The Schengen Information System Regulation ( 8 ) is in force and will enter into operation in March 2023. Progress also includes more structures and focus dedicated to return at national level, enhanced Frontex mandate and capacities and stronger efforts to move towards an effective and common EU system for returns. This signals positive direction, determination, and concrete elements of progress on which the EU should build.

In the process of developing the operational strategy on returns, it is important to take a critical look at what works and what does not work, to draw lessons from the work already done and design an operational strategy to further implement our common policy priorities in the area of return.

1.Positive developments in the area of return

The common EU system for returns which combines stronger structures inside the EU with more effective cooperation with third countries, is taking shape. In parallel to strengthening the EU legislative framework on return, operational and practical tools have been put in place to better work together to increase returns from the EU.

Thanks to the Schengen evaluation mechanism ( 9 ), Member States’ national legislation and practices are now better aligned to the objectives and requirements of the revised Return Directive. The targeted recommendations and individual follow up with each Member State has led to a range of improvements, from more effective national procedures to enhanced fundamental rights protection. Moreover, good practices in Member States are flagged to other Member States.  

On the external side, the comprehensive approach to migration, outlined in the New Pact on Migration and Asylum, focuses on building win-win partnerships with third countries including fostering better cooperation on readmission. The New Pact frames cooperation on migration with third countries as an integral part of the EU’s overall relations. This is supported by Action Plans with priority countries of origin and transit, indicating objectives, support measures and expected timelines, including in the area of return.

The process and mechanism established by Article 25a of the Visa Code, linking readmission cooperation and visa policy, and the yearly assessment prepared by the Commission, have been instrumental to identify concrete challenges with specific countries and to address them, and has acted as a catalyst for strengthening the dialogue on readmission with third countries where cooperation needs to improve. Increased coordination between the EU and Member States on joint messages, including in the relevant Council groups, and identifying concrete tasks to improve co-operation on readmission are proving their effectiveness. The existing EU readmission agreements and arrangements facilitate practical cooperation. The processing of readmission cases by third countries has improved considerably, thanks to the digitalisation via Readmission Case Management Systems.

Frontex plays an important role in supporting Member States in all phases of voluntary and forced returns, including on reintegration. This is supported by a new dedicated Deputy Executive Director on return and a return division.

With the first EU strategy on voluntary return and reintegration ( 10 ), the EU is promoting wider and better use of voluntary return and reintegration to ensure humane, effective, and sustainable return of persons with no legal right to stay in the EU as part of the objective to increase returns overall. Its implementation is progressing well: since April 2022, Frontex is providing EU-standardised reintegration packages to third countries through the Joint Reintegration Services to further support a coherent approach; key tools for improving and enhancing return counselling are in place (dedicated IT tools, a quality framework for counselling, Frontex training modules used to train counsellors of the Standing Corps and to be used for Member States’ counsellors as well). The EU continues to support returns from transit countries, notably Türkiye, North Africa and the Western Balkans, to countries of origin, with a view to relieve migratory pressure on partner counties and tackle irregular migration with a whole-of-route approach. In this context, work is focusing on strengthening partner countries’ capacity to return migrants who do not qualify for international protection and support them in establishing readmission agreements with countries of origin. This is complemented by EU funded initiatives in third countries to strengthen migration management, support voluntary return of irregular migrants from transit countries, as well as individual and community-based reintegration initiatives.  While it is still early to measure the effects of the strategy, Frontex reports a trend over the last two years of around 58% share of voluntary returns from the EU.

Strong coordination at EU level and the use of Frontex’s support brings considerable results. As an example, thanks to the full coordination of all national actors, the Commission, Frontex and relevant EU Delegations through a specifically established working group, Cyprus has rapidly reached the top three of Member States in the number of Frontex assisted returns in 2022, with over 2000 third country nationals returned. Similarly, the work to support Member States most affected in the context of the instrumentalisation of irregular migration by the Belarusian regime shows the added value of all actors working coherently and hand in hand.

The Multiannual Financial Framework 2021-2027 significantly reinforces the financial support in the area of migration to implement the New Pact on Migration and Asylum. It is important that funding at both EU and Member States levels, notably under the Asylum Migration and Integration Fund, the Instrument for Pre-Accession and the Neighbourhood, Development and International Cooperation Instrument – Global Europe, is used alongside other objectives, to promote effective return and readmission and sustainable reintegration.

Finally, the new feature in the Schengen Information System on alerts on persons subject to return decisions, entering into operation in March 2023 is another important piece of the common EU system for return. It paves the way for closer cooperation, including with regard to the mutual recognition of return decisions issued by Member States for a quicker and more effective return process.

2.Challenges and obstacles

The return policy is a complex area. One important weakness is the lack of reliable data on how EU return system is working. This in turn makes it difficult to pinpoint how to improve its effectiveness.

There is a need to streamline and optimise procedures in each Member State, in full compliance with fundamental rights, including protection of personal data, making returns swifter and more effective. While a lot of progress has been made, Member States still face important bottlenecks and lack of coordination among actors in the process. Decisions ending legal stay do not always result in a return decision and non-compliance with a period for voluntary return does not always result in forced return – a central aspect to improve effectiveness is to close these gaps. According to Eurostat out of the 340 515 number of return decisions issued in 2021, 21% were effectively carried out. In addition, only five Member States are responsible for 80% of the returns facilitated by Frontex. With repeated calls from Member States for enhancing Frontex support in the area of return, it is therefore important that full use is made of the support Frontex can provide, including by ensuring that returnees are available to authorities for being returned with flights organised by the Agency. As set out in the Commission Communication on enhancing cooperation on return and readmission ( 11 ) and as also identified in the Schengen evaluation process, the legal and administrative return frameworks of the Member States vary significantly, with good practices and gaps in each national system. Some of the key obstacles towards an effective return policy are the significant gaps between asylum and return procedures, lengthy administrative and judicial procedures, difficulties in preventing absconding, insufficient resources, infrastructures and limited administrative capacity to follow up on return decisions, including by requesting readmission to third countries as the number of readmission requests is currently very low compared to return orders issued (16% in 2021). Better use of the existing legal framework on mutual recognition of return decisions, would also have the potential to speed up the return process and can represent a further step towards a common EU system for return.

Insufficient cooperation of countries of origin is an additional challenge. The effectiveness and timeliness of identification and issuance of travel documents impact significantly on returns: lengthy and unclear procedures increase the risk of absconding and frustrate returns. Moreover, certain third countries reject non-voluntary returns or limit them only to specific categories (e.g., criminal offenders), or do not acknowledge readmission requests, reducing in practice the number of returns.

From an operational perspective, identifying and tackling such gaps and challenges and promoting existing good practices is the first step to make return procedures more effective and swifter. This will ensure efficiency gains in the overall process, and the protection of migrants’ fundamental rights, in line with EU law and the Charter of Fundamental Rights.

The operational strategy should take account of the need for improvements in national procedures to be coherent with both national and EU efforts to improve cooperation on return and readmission with international partners.

In a spirit of a Team Europe approach, a close interplay between internal and external policy, tools and stakeholders should be promoted. The operational strategy should be complemented by more consistent and coherent national approaches and by building closer cooperation and solidarity between all Member States, further reinforcing the support that Frontex provides and promote its use by Member States.

3.Guiding principles and objectives of the operational strategy

Based on a critical look at what works today and what does not, as well as the consultations with the High-Level Network members, the Commission considers that the strategy should be focused on seeking a consistent and coherent approach between the Member State and EU levels, to ensure effective returns as part of the overall objectives of the EU’s comprehensive migration and asylum policy.

The EU Return Coordinator and the High-Level Network, with the support of Frontex, and in cooperation with other EU institutions as relevant, will work to reinforce the coherence and efforts of Member States, to join forces and provide mutual support to respond to immediate needs and obstacles, and to assist with operational activities the common efforts towards third countries in implementing returns.

The operational strategy must reflect the EU policy objectives on return ( 12 ). The strategy also needs to be a flexible tool that is capable of continuously responding to changes in policy priorities and in circumstances.

The key objective of the operational strategy should be to enhance the functioning of return so that:

·the overall number of effective returns increases, with significant increased returns to third countries where there are no major political obstacles, based on targets set by Member States,

·returns are implemented more swiftly manner, supporting the integrity and credibility of Member States’ asylum systems, and deterring irregular border crossings, and

·the returns are sustainable and in line with European values and fundamental rights.

This key objective could be further broken down into the following operational goals:

·streamline and optimise the return process in each Member State, in full compliance with fundamental rights including protection of personal data, making returns swifter and more effective,

·increase voluntary returns (both in absolute terms and as share of total returns) and reintegration, fostering more sustainable returns within the general objective of increasing returns overall,

·foster a more collaborative and coherent EU approach to return among Member States, the Commission and Frontex, in the spirit of a Team Europe approach, while taking account of the overall relations with third country partners, and

·improve the data and statistical evidence-based on return, building a more targeted, planned and efficient return policy and common operational response capability.

The operational objectives would require the joint work of Member States, the Commission and Frontex in cooperation with the European External Action Service (EEAS) and EU Delegations, as necessary on focus areas where collective actions are needed, in a spirit of solidarity and practical cooperation. The operational strategy should also give a clear direction to Frontex to concretely contribute to achieving these objectives.

4.Four focus areas for more effective and efficient returns

Based on the discussions held in the first two High-Level Network meetings as well as bilateral consultations with Member States, the Commission has identified four focus areas, which can form the basis of the operational strategy: 

·Targeted actions to respond to immediate needs and obstacles in a coordinated manner.

·Gain efficiency in the overall return system by accelerating the process and closing loopholes.

·Promote return counselling and reintegration as core elements in the EU return system, both for voluntary and forced returns.

·Digitalise return management and improve data analysis.

These areas represent a mix of work to address both immediate needs and obstacles for which coordination and joint action is needed, as well as longer-term structural work to improve the effectiveness of the EU return system. The Annex to this policy document sets out the main suggested actions for implementing the four focus areas and the targets and indicators that could be used to monitor progress.

The work should swiftly move into a genuinely operational phase. It should contribute to the realisation of a number of flagship workstreams.

The complexity, sensitivity and high number of stakeholders and authorities involved in the area of return require better coordination, open and strategic discussions in a trusted space to bridge the gaps. The work of the EU Return Coordinator and High-Level Network provides the opportunity to use a practical and hands-on approach, building on positive experiences of Member States, to foster closer practical cooperation and coherence to further develop and bring forward the objectives of this operational strategy. There are different strengths and weaknesses both at EU-level and at Member State level, priorities and needs differ, and work will need to advance in parallel on the different aspects towards a common and effective EU system for returns.

(1) ()    COM(2020) 609 final.

(2) ()    COM(2021) 277 final.

(3) ()    The High-Level Network for Return is chaired by the EU Return Coordinator and composed of representatives of all Member States and Frontex.

(4) ()    COM(2018) 634 final.

(5) ()    COM(2020) 611 final.

(6) ()    COM(2020) 610 final.

(7) ()    Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) as amended by Regulation (EU) 2019/1155 of the European Parliament and of the Council of 20 June 2019, OJ L 188 of 12.7.2019, p. 25.

(8) ()    Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals, OJ L 312, 7.12.2018, p. 1.

(9) ()    Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013, OJ L 160, 15.6.2022, p. 1.

(10) ()    COM(2021) 120 final.

(11) ()    COM(2021) 56 final.

(12) ()    COM(2021) 56 final.

EUROPEAN COMMISSION

Brussels, 24.1.2023

COM(2023) 45 final

ANNEX

to the

POLICY DOCUMENT

Towards an operational strategy for more effective returns

Proposed focus areas of the operational strategy for more effective returns

1)Targeted actions to respond to immediate needs and obstacles

Responding to immediate needs and obstacles with targeted actions is an important aspect of the work of the EU Return Coordinator and the High-Level Network. The aim under this proposed focus area is to ensure that Member States join forces and that there is seamless coordination and coherence among all actors, to ensure that collective efforts focus on the return to identified third countries in line with political priorities. Obstacles should be quickly flagged and addressed. Work in this area may bring to light more structural issues (such as cooperation among national authorities, resources and training needs) to be addressed in the longer-term, which can feed into other focus areas.

·Common focused efforts on a quarterly basis to implement returns to a limited number of priority third countries to be discussed at each High-Level Network meeting and to be implemented in the following quarter. Nationalities to focus on should be based on the relevant EU Action Plans, the follow up to the mechanism of Article 25a of the Visa Code and Council working group discussions. Nationalities to focus on should also include nationals of visa-free third countries. Such common efforts are to be coordinated with the ones by the Commission to increase returns towards specific third countries, notably in the context of the implementation of EU readmission agreements and arrangements and of the follow up to the mechanism of Article 25a of the Visa Code.

·Facilitate cooperation among Member States with similar needs to join forces and support each other with return related operational activities, opening places for each other on national assisted voluntary return and reintegration programmes. Frontex will adjust its activities, if needed, to provide all the necessary assistance.

·High-Level Network members to work with the relevant national authorities to focus action on specific third countries identified and specifically on gaining efficiency on: ensuring that these returns are prioritised, the preparation of the identification dossiers (documents, individual assessment, biometric data), ensuring availability of returnees for interviews and identification missions, following up of return orders with readmission requests, ensuring sufficient capacity for detention where necessary, establishment of identification routine with embassies, filling charter flights.

·Address ad-hoc issues, such as COVID-19 requirements, quickly flagged to the EU Return Coordinator for a solution to be identified.

·Member States, High-Level Network members, Frontex and other relevant actors, such as European Migration Liaison Officers (EMLO)s and European Return Liaison Officers (EURLOs), should engage to provide relevant information and input for contacts with third countries. This would facilitate the organisation of joint missions of the Commission and relevant Members States to third countries, in cooperation with the European External Action Service, to present a common and coherent approach.

2)Longer-term and structural needs

Gaps in the cooperation and contacts between authorities involved in the return process is a key structural obstacle for a more efficient return process. Work under this proposed area would focus on identifying those gaps and addressing them, to ensure that a decision ending a legal stay in the EU results in a return decision, that such return decisions are enforced and that returns are carried out as swiftly as possible.

a)Gain efficiency in the overall return system by accelerating the process and closing loopholes

·Focus on key points and specific obstacles signalled by Member States or identified in Schengen evaluations to speed up their return process.

·Ensure that a decision ending legal stay is immediately followed by a return decision, including linking the outcome of the asylum procedure to the return procedure, working also in cooperation with Frontex and building on the experience and knowledge of the EU Asylum Agency and the EU Agency on Fundamental Rights.

·Address the gap in the transfer from voluntary to forced returns – gaps between competent authorities to improve the effectiveness and reduce the risk of absconding.

·Address procedural gaps and obstacles linked to the different competences of authorities and bodies responsible for the different phases of the return process, for which the High-Level Network is to explore practical solutions building on the experience and good practices of Member States.

·Work on specifically identified obstacles related to the obstructive behaviour and lack of cooperation from third-country nationals.

·Work on obstacles specific to the return of convicted criminals.

·Address obstacles in Member States’ systems related to the submission of readmission requests (including, if relevant, issues related to Readmission Case Management System with third countries).

·Identify practical needs and actions to make the best use of the new feature of the Schengen Information System on the creation of alerts on persons subject to return decisions to facilitate the mutual recognition of return decisions.

·Develop a more coherent approach to determine the risk of absconding, the lack of sufficient capacities and more efficient use of effective alternatives to detention. Work on establishing a better link between the types of risks of absconding and the most appropriate and relevant alternatives to detention.

b)Promote return counselling and reintegration as core elements in the return systems, both for voluntary and forced returns

Return counsellors play a central role in the return process, accompanying the returnee at every step of the procedure, including by ensuring full respect of fundamental rights at all steps of the return process. Building on the ongoing work under the EU strategy on voluntary return and reintegration, including discussions in relevant Council groups and experts’ fora, work under this proposed area would focus on ensuring that all Member States have well-trained return counsellors with the necessary tools to support a more efficient process, including opportunities in the country of return, referral to initiatives launched by international organisations, local actors, national authorities or development cooperation projects. Moreover, work will focus on ensuring a coherent approach to sustainable reintegration and their funding, which has the potential to further encourage both returnees and third country authorities to cooperate through the return process.

·Support Member States to establish more effective assisted voluntary return schemes, return counselling structures building on the work ongoing at practitioners’ level and with the support of Frontex. All Member States should use Frontex’s Joint Reintegration Services by the end of the year. The aim should be to increase the absolute number of voluntary returns for all Member States.

·Ensure that all Member States have return counselling as a professional profile in place and through which the uptake of voluntary return is promoted as part of the general objective to increase returns overall.

·Ensure that there is full awareness at all levels on the available tools and training (including on fundamental rights) to address structural challenges.

·Member States more experienced are encouraged to support those with less experience through a more targeted and strategic exchange between High-Level Network members.

·Promote the consistency of assisted voluntary return and reintegration support among Member States towards specific third countries where needed and ensure coordination of the relevant existing programmes in third countries.

·Ensure that the return counsellors of Member States and Frontex are aware of - and able to use - the referral and reintegration possibilities made available to returnees in the countries of return by initiatives launched by international organisations, local actors, national authorities or development cooperation projects.

·Double the number of third countries covered by the Frontex’s Joint Reintegration Services by the end of 2023.

c)Digitalise return management and improve data analysis

The lack of regular and reliable data in the area of return is an important shortcoming that needs to be addressed. An important piece of the puzzle is to ensure that each Member State has a digital return case management system, which can be connected to other IT systems relevant for the return process, and which can support a more efficient and reliable analysis of relevant data.

·Set up clear timelines to support the digitalisation of Member States’ return case management systems implementing the Frontex model; Frontex finalises the gap analysis for all Member States by the end of 2023, then develops and implements a plan together with Member States in view of reaching full digitalisation as soon as possible and by 2026 at the latest; use the available funding under the Asylum Migration and Integration Fund for these projects.

·Further analyse the possibility to establish interoperability among IT systems relevant for the return process, including the necessity and proportionality of such interconnections.

·Increase the use of the Reintegration Assistance Tool (RIAT) and the existing Readmission Case Management System with third countries (RCMS).

·Ensure awareness of the state of play of uploads and updates of return alerts in SIS II, access to SIS II by different Member States’ authorities, monitoring of returns and established practices regarding hits.

·Identify new opportunities provided by the Entry-Exit System to utilise effectively data on overstayers automatically generated by the system.

·Building on the new feature of the Schengen Information System on the creation of alerts on persons subject to return decisions, identify and make use of the possibilities to facilitate the mutual recognition of return decisions for a quicker and more efficient effective return process.

·Work with all stakeholders (Commission, Frontex, Member States) to enhance collection of statistics relating to return and to develop fit-for-purpose analytics, analysis and situational awareness products on the functioning of return, to enable proactive planning of joint actions to remedy identified challenges.

·Develop a common understanding of good performance in the return domain beyond the return rate and identify appropriate indicators for reporting and efficiency.

* * *

The progress and achievements of the operational strategy should be monitored with a clearly defined set of indicators. The following indicators are to be considered:

·Number of return decisions issued upon negative asylum decisions.

·Number of readmission requests issued based on return decisions.

·Share of voluntary returns in relation to the overall number of returns.

·Number of Member States with a return case management IT system in place.

·Number of Member States with a return counselling system in place.

·Number of Member States regularly using Frontex return-related services (pre-return, post return, reintegration) and participating in return operations.

·Number of third countries covered by the Frontex Joint Reintegration Services.

The EU Return Coordinator will provide regular progress reports to the High-Level Network also feeding into the Schengen Barometer. Whilst serving as a solid base to monitor progress, the indicators may evolve with the development and implementation of the operational strategy.