Regulation (EU) 2024/1349 establishing a return border procedure, and amending Regulation (EU) 2021/1148

Summary:

Regulation (EU) 2024/1349 - adopted by the co-legislators on 14 May 2024 - establishing a return border procedure. It introduces amendments to Regulation (EU) 2021/1148.

Further information:

This Regulation establishes a return border procedure. It applies to third-country nationals and stateless persons whose asylum application has been rejected in the context of Regulation (EU) 2024/1348. It also provides for temporary specific rules on the return border procedure in situations of crisis as per Regulation (EU) 2024/1359. The Act introduces amendments to Regulation (EU) 2021/1148, with the purpose of allowing the financing of support under that Regulation for solidarity actions within the context of Regulation (EU) 2024/1351.

This piece of legislation emerged during negotiations between the co-legislators on the legislative package within the New Pact on Migration and Asylum. The autonomous, self-standing Act would be based on Article 79(2)(c) TFEU and combining elements of draft Regulation (EU) 2024/1348 and draft Regulation (EU) 2024/1359. An informal agreement between the co-legislators on a compromise text for those files was reached on 20 December. This was formally endorsed by the Parliament on 10 April 2024 and by the Council on 14 May. The Act was signed by the co-legislators on 14 May 2024 and published in the Official Journal on 22 May 2024.

Official

Council of the European Union: Press Release, 08/02/2024: Asylum and migration reform: EU member states’ representatives green light deal with European Parliament https://www.consilium.europa.eu/en/press/press-releases/2024/02/08/asylum-and-migration-reform-eu-member-states-representatives-green-light-deal-with-european-parliament/

Council of the European Union: Register of Documents: Letter to the Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) - 9 February 2024 https://data.consilium.europa.eu/doc/document/ST-6377-2024-INIT/en/pdf

European Parliament: Press Release, 10/04/2024: MEPs approve the new Migration and Asylum Pact https://www.europarl.europa.eu/news/en/press-room/20240408IPR20290/

Council of the European Union: Press Release, 14/05/2024: The Council adopts the EU's pact on migration and asylum https://www.consilium.europa.eu/en/press/press-releases/2024/05/14/the-council-adopts-the-eu-s-pact-on-migration-and-asylum/

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Commentary and Analysis

European Parliamentary Research Service (EPRS): At a Glance, 08/04/2024: Establishing a return border procedure https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2024)760385

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