The Council of the EU and the European Parliament reached a provisional political agreement on Monday night on a new Returns Regulation governing the removal of irregular migrants from member states, with the Cyprus Presidency leading negotiations on the Council side.
Deputy Minister for Migration Nicholas Ioannides represented Cyprus in the Brussels talks, alongside European Parliament rapporteur, Dutch MEP Malik Azmani, and European Commissioner for Migration Magnus Brunner.
The regulation establishes obligations for third-country nationals with no legal right to remain in the EU, including a duty to depart and to cooperate with national authorities. Non-compliance may result in reduced benefits and allowances, criminal penalties, or imprisonment where national law permits.
A new European Return Order is introduced — a standardised document intended to facilitate mutual recognition of return decisions between member states. Mutual recognition remains voluntary for now, with the Commission to review the matter three years after the regulation enters into force and potentially propose making it mandatory at that point.
The regulation permits member states to establish return hubs in third countries through bilateral agreements, provided these comply with international human rights standards and the principle of non-refoulement. Unaccompanied minors are explicitly excluded.
Brunner said further work on migration diplomacy with third countries would follow, without identifying specific candidates.
The maximum detention period for irregular migrants awaiting removal increases from six to 24 months, with a possible further six-month extension. Individuals deemed a security risk face additional measures, including indefinite entry bans or detention in correctional facilities.
The regulation also removes the automatic suspension of deportation orders upon appeal, transferring that determination to the courts.
The agreement forms part of the outstanding legislative files under the Pact on Migration and Asylum, whose implementation begins on 12 June 2026.
Some provisions will apply 12 months after publication in the EU Official Journal, pending national legislative adjustments, IT system changes and staff training.
The provisional deal requires formal approval from both the Council and the European Parliament following legal-linguistic revision.
Deputy Minister for Migration Nicholas Ioannides represented Cyprus in the Brussels talks, alongside European Parliament rapporteur, Dutch MEP Malik Azmani, and European Commissioner for Migration Magnus Brunner.
The regulation establishes obligations for third-country nationals with no legal right to remain in the EU, including a duty to depart and to cooperate with national authorities. Non-compliance may result in reduced benefits and allowances, criminal penalties, or imprisonment where national law permits.
A new European Return Order is introduced — a standardised document intended to facilitate mutual recognition of return decisions between member states. Mutual recognition remains voluntary for now, with the Commission to review the matter three years after the regulation enters into force and potentially propose making it mandatory at that point.
The regulation permits member states to establish return hubs in third countries through bilateral agreements, provided these comply with international human rights standards and the principle of non-refoulement. Unaccompanied minors are explicitly excluded.
Brunner said further work on migration diplomacy with third countries would follow, without identifying specific candidates.
The maximum detention period for irregular migrants awaiting removal increases from six to 24 months, with a possible further six-month extension. Individuals deemed a security risk face additional measures, including indefinite entry bans or detention in correctional facilities.
The regulation also removes the automatic suspension of deportation orders upon appeal, transferring that determination to the courts.
The agreement forms part of the outstanding legislative files under the Pact on Migration and Asylum, whose implementation begins on 12 June 2026.
Some provisions will apply 12 months after publication in the EU Official Journal, pending national legislative adjustments, IT system changes and staff training.
The provisional deal requires formal approval from both the Council and the European Parliament following legal-linguistic revision.
