By Alexandra Voudouri
After months of negotiations that culminated on Monday between EU member states and the European Parliament, the European Union has reached a political agreement on a new Returns Regulation that will complement the new Pact on Migration and Asylum, set to take effect on July 1.
The agreement paves the way for a significant tightening of the EU's system for returning migrants who do not have the legal right to remain in the bloc.
Cyprus, which currently holds the rotating presidency of the Council of the EU and led the final negotiations with the European Parliament, described the deal as a "milestone" for the Union's migration policy. The new rules are expected to speed up returns and strengthen the enforcement of removal decisions against individuals without a legal right to stay in the EU.
Welcoming the agreement, European Parliament President Roberta Metsola said the new framework would make the return of migrants without legal residency rights faster and more consistent across Europe.
Return hubs outside the EU
At the heart of the agreement is the possibility of creating so-called "return hubs" in countries outside the European Union.
Under the new rules, member states will be able to sign agreements with third countries to establish such facilities. These hubs could serve either as a final destination or as a temporary stop before migrants are returned to their country of origin or another third country.
Such agreements may only be concluded with countries that comply with international human rights standards and international law. Unaccompanied minors are explicitly excluded from the scheme.
Stricter obligations for migrants facing return
The regulation also introduces stricter obligations for individuals who do not have the right to remain in the EU.
Those subject to return decisions will be required to cooperate with national authorities and comply with return procedures. If they refuse to cooperate, member states may reduce certain benefits and allowances available under national legislation or deny incentives for voluntary return.
In some cases, and where national law allows, criminal penalties may also be imposed.
European Return Order
One of the regulation's key innovations is the introduction of the European Return Order (ERO), a standard EU-wide document containing the essential details of each return decision.
The measure is intended to improve cooperation between member states and facilitate the mutual recognition of return decisions. For now, such recognition will remain voluntary. However, the European Commission will review the system three years after the regulation enters into force and consider making mutual recognition mandatory.
Longer detention periods and tougher measures
The agreement places particular emphasis on individuals deemed to pose a threat to public security.
For these cases, special measures are foreseen, including entry bans that may exceed the usual maximum limit of 10 years or even be imposed indefinitely. The regulation also allows for detention in prison facilities under certain circumstances.
According to sources involved in the negotiations, the deal also significantly extends the maximum period of administrative detention pending return. Detention could last up to 24 months, with the possibility of a further six-month extension in specific cases.
Implementation timeline
The timetable for implementation was one of the main sticking points during negotiations.
The regulation will formally enter into force the day after its publication in the EU's Official Journal. However, many of its key provisions will only begin applying 12 months later, giving member states time to adapt their legislation, information systems, and administrative procedures to the new requirements.
Greece backs return hub model
The agreement is particularly important for Greece, which has been among the countries advocating the creation of return hubs outside the EU.
Alongside Germany, Austria, the Netherlands and Denmark, Athens has been involved in a joint initiative to identify potential partner countries and develop an operational model for the new facilities.
Criticism from Socialists and Democrats
The deal drew an immediate response from the Socialists and Democrats (S&D) group in the European Parliament.
The group accused a majority stretching from the political centre to the right and far right of rushing through legislation that it says undermines fundamental rights and takes European migration policy backwards.
The Socialists raised concerns about the legality of the return hubs, the expanded powers to locate and detain irregular migrants, which they argue resemble practices used by the U.S. Immigration and Customs Enforcement (ICE), and the reduction of incentives designed to encourage voluntary returns.
The text must now receive formal approval from both the Council of the European Union and the European Parliament before becoming law.
