Communication: EU action plan on return

Return of irregular migrants who do not have a right to stay in the EU to their home countries, in full respect of the principle of non-refoulement, is an essential part of EU's comprehensive efforts to address migration and in particular to reduce irregular migration. The European Agenda on Migration, adopted by the European Commission on 13 May 2015, highlighted that one of the incentives for irregular migration is the knowledge that the EU's system to return irregular migrants is not sufficiently effective.

In 2014 less than 40% of the irregular migrants that were ordered to leave the EU departed effectively. One of the most effective ways to address irregular migration is the systematic return, either voluntary or forced, of those who do not or no longer have the right to remain in Europe. Fewer people that do not need international protection might risk their lives and waste their money to reach the EU if they know they will be returned home swiftly.

The effectiveness of the EU system to return irregular migrants must be enhanced. This is essential for maintaining public trust in the EU's asylum system and support for helping persons in need of international protection. Increasing the rate of return of irregular migrants needs to go hand in hand with the EU's renewed efforts to protect those in need, including through relocation and resettlement.

The European Council invited the Commission "to set up a dedicated European Return Programme". This EU Action Plan on return answers this call by defining the immediate and mid-term measures that will be taken to enhance the effectiveness of the EU return system. It seeks to maximise the impact of the actions that are already being carried out as well as proposing new initiatives, to fully use and, where needed, strengthen EU legislation. The aim is to achieve a coherent framework for action, backed by strong operational cooperation between the Member States, EU Agencies and countries of origin of migrants. The Action Plan acknowledges the key role and responsibility of the Member States in implementing EU return policy and develops a concept for stronger interaction on return between them and the EU Agencies, which provide significant support.

The implementation of all actions under this Communication will have to be compliant with international human rights standards, in particular the Charter of Fundamental Rights of the European Union, the European Convention for the protection of Human Rights and Fundamental Freedoms, the 1951 UN Refugee Convention and its 1967 Protocol, and with the principle of non-refoulement, as guaranteed in the applicable EU legislation. The EU Return Directive sets out specific legal safeguards to guarantee the effective protection of returnees' rights in the whole return process. When personal data are involved, particular care should be devoted to the full implementation of applicable provisions.

Adequate resources need to be allocated to increase the effectiveness of the EU policy on return, in line with the request from the European Council of 25-26 June 2015. Building on the European Return Fund (2008-2013), the Asylum, Migration and Integration Fund (AMIF) will support substantially the return activities of the Member States, which are planning to devote more than €800 million to return in their national programmes in the period 2014-2020. The Commission will carefully consider the need to increase the resources allocated to return activities at the EU level, notably as regards the funding of Frontex actions in this field, and will make proposals as appropriate in the following years.

• Primary Source

ESO: Background information: Refugee Crisis: European Commission takes decisive action http://www.europeansources.info/record/press-release-refugee-crisis-european-commission-takes-decisive-action/

ESO: Information Guide: European Migration Challenges http://www.europeansources.info/record/information-guide-european-migration-challenges/

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