Regulation (EU) 2016/1953 on the establishment of a European travel document for the return of illegally staying third-country nationals

What it is

to establish the format and the technical specifications of a European travel document for the return of third-country nationals subject to a return decision. PROPOSED ACT: Regulation of the European Parliament and of the council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: 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. However, the EU system to return irregular migrants is not sufficiently effective. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jussi HALLA-AHO (ECR, FI) on the 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. The committee recommended that the European Parliament’s position at first reading adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows: Scope : Members clarified that this Regulation shall establish the common format and the technical and security specifications of a harmonised European travel document for the return of third country nationals staying irregularly on the territory of the Union. The content and technical specifications of the European travel document for return should be harmonised in order to ensure high technical and security standards, in particular as regards safeguards against counterfeiting and falsification . This Regulation shall respect the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular human dignity and the protection in the event of removal, expulsion or extradition. It should apply without prejudice to the right to an effective remedy and to a fair trial and to the right to asylum as provided for the Charter. Union readmission agreements : Members introduced a definition stipulating that it shall mean agreements which are based on reciprocal obligations and are concluded between the Union and third countries to facilitate the return of persons residing irregularly on the territory of the Union, in accordance with Article 79 (3) TFEU. The negotiation of new Union readmission agreements , which should take precedence over bilateral agreements between Member States and third countries, would guarantee a more effective implementation of this Regulation, within the framework of a more coherent return policy. If third countries entering into readmission agreements, either with the Union or the Member States, refuse to legally recognise the European travel document for return, a formal explanation for such refusal should be provided. European travel document for return : the document shall contain a passport photograph. It shall be established in an official language or the languages of…

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