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

In the European Agenda on Migration, the Commission outlined a set of measures and initiatives that aim at providing structural solutions for better managing migration in all its aspects. 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.

Increasing the rate of return of irregular migrants frees up capacities for welcoming those genuinely in need of protection, as underpinned by the Union's renewed efforts to protect those in need, including through relocation and resettlement. An effectively implemented and credible return policy goes hand in hand with a more open migration policy. Yet, the EU system to return irregular migrants is not sufficiently effective. For instance, in 2014, only less than 40% of the total number of return decisions issued by Member States has been enforced. The Commission presented an EU Action Plan on Return on 9 September 2015 in order to address the underlying reasons for this, including ways to increase the acceptance of the standard travel document for the expulsion of third-country nationals.

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. Council Recommendation of 30 November 1994 establishes a standard travel document for the expulsion of third-country nationals; however, its recognition by third countries is low, including because of its unsatisfactory security features and standards.

The need to address this issue was also underlined in the Council conclusions of 8 October 2015, in which Member States committed themselves to using the standard travel document more regularly in return operations. The European Council conclusions of 15 October 2015 further stressed this need.

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, which provides for a uniform format and enhanced technical and security features to ensure a wider acceptance by third countries and the increased use of such document for the purpose of readmission. Its use should be promoted in EU and bilateral readmission or other agreements.

EUR-Lex: COM(2015)668: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2015:668:FIN

ESO: Background information: Council conclusions on the future of the return policy http://www.europeansources.info/record/press-release-council-conclusions-on-the-future-of-the-return-policy/

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