Return Border Procedure Regulation – Page 4 – EU Migration Pact information

Return Border Procedure Regulation:
Article 1 – Subject matter and scope

1. This Regulation establishes a return border procedure. It applies to third-country nationals and stateless persons whose application has been rejected in the context of the asylum border procedure provided for in Articles 43 to 54 of (the ‘asylum border procedure’). It also provides for temporary specific rules on the return border procedure in situations […]

Return Border Procedure Regulation:
Recital 11

Where an applicant, third-country national or stateless person who was detained during the asylum border procedure provided for in no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out a […]

Return Border Procedure Regulation:
Article 2 – References to Regulation (EU) 2024/1348

For those Member States not bound by , references in this Regulation to provisions in shall be understood as references to equivalent provisions which they might have introduced in their national law.

Return Border Procedure Regulation:
Recital 12

The return border procedure should facilitate, in a situation of crisis as defined in of the European Parliament and of the Council (6), the return of irregularly staying third-country nationals or stateless persons whose application has been rejected in the context of a crisis in the asylum border procedure, who have no right to remain […]

Return Border Procedure Regulation:
Article 3 – Definitions

For the purposes of this Regulation, the following definitions apply: (a) ‘application for international protection’ or ‘application’ means application for international protection or application as defined in Article 3, point (12), of ; (b) ‘applicant’ means applicant as defined in Article 3, point (13), of .

Return Border Procedure Regulation:
Recital 13

In accordance with Article 72 of the Treaty on the Functioning of the European Union (TFEU), this Regulation does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

Return Border Procedure Regulation:
Article 4 – Return border procedure

1. Third-country nationals and stateless persons whose application has been rejected in the context of the asylum border procedure shall not be authorised to enter the territory of the Member State concerned. 2. Member States shall require the persons referred to in paragraph 1 to reside for a period not exceeding 12 weeks in locations […]

Return Border Procedure Regulation:
Recital 14

With a view to ensuring a coherent implementation of the provisions on the return border procedure set out in this Regulation by the time it applies, implementation plans at Union and national levels that identify gaps and operational steps for each Member State should be developed and implemented.

Return Border Procedure Regulation:
Article 5 – Detention

1. Detention may be imposed only as a measure of last resort if it proves necessary on the basis of an individual assessment of each case and if other less coercive measures cannot be applied effectively. 2. Persons as referred to in Article 4(1) of this Regulation who were detained during the asylum border procedure, […]

Regulation (EU) 2024/1349 of the European Parliament and of the Council of 14 May 2024 establishing a return border procedure, and amending Regulation (EU) 2021/1148

CHAPTER I — GENERAL PROVISIONS Article 1 – Subject matter and scope Article 2 – References to Regulation (EU) 2024/1348 Article 3 – Definitions CHAPTER II — RETURN BORDER PROCEDURE Article 4 – Return border procedure Article 5 – Detention CHAPTER III — DEROGATIONS APPLICABLE IN SITUATIONS OF CRISIS Article 6 – Measures applicable to […]