Brussels, Belgium. The Council of the EU and the European Parliament reached a provisional political agreement on Monday night on a new Returns Regulation governing the removal of irregular migrants from member states. Cyprus led the negotiations on the Council side.
Negotiations in Brussels
Deputy Minister for Migration Nicholas Ioannides represented Cyprus in the Brussels talks, together with European Parliament rapporteur Malik Azmani and European Commissioner for Migration Magnus Brunner.
Main provisions
The regulation sets out obligations for third-country nationals who have no legal right to remain in the EU, including a duty to depart and to cooperate with national authorities. Non-compliance may lead to reduced benefits and allowances, criminal penalties or imprisonment where national law allows it.
European Return Order
The agreement introduces a new European Return Order, a standardised document designed to make it easier for member states to recognise return decisions issued by other states. Mutual recognition will remain voluntary for now.
The Commission will review the issue three years after the regulation enters into force and may then propose making mutual recognition mandatory.
Return hubs and human rights safeguards
Member states may set up return hubs in third countries through bilateral agreements, provided these comply with international human rights standards and the principle of non-refoulement. Unaccompanied minors are excluded.
Brunner said further work on migration diplomacy with third countries would follow, without naming any specific countries.
Detention and appeals
The maximum detention period for irregular migrants awaiting removal increases from six months to 24 months, with a possible further six-month extension. People deemed a security risk face additional measures, including indefinite entry bans or detention in correctional facilities.
The regulation also removes the automatic suspension of deportation orders when an appeal is filed, leaving that decision to the courts.
Next steps
The agreement is among the remaining legislative files under the Pact on Migration and Asylum, which begins implementation on 12 June 2026.
Some provisions will take effect 12 months after publication in the EU Official Journal, pending national legislative changes, IT system updates and staff training.
