Negotiations between the Council of the EU and the European Parliament on the recast of the regulation on the return of irregular migrants finally resulted in a final agreement on Monday, June 1. To break the deadlock over the entry into force of the text, the co-legislators opted for a “backloading” strategy, which involves immediately applying certain priority provisions and deferring the others to a later date (EUROPE 13872/11).
The final list of directly applicable articles stems from a proposal by the Cypriot Presidency of the European Council, according to our information. This proposal draws heavily on a confidential working document from the European Commission, sent to negotiators last week, which identified several “stand-alone” technical provisions that can be implemented without waiting for national transposition.
In total, out of the regulation’s 52 articles, ten will take effect immediately. In addition to purely technical provisions defining the purpose and scope of the regulation, these include Article 5 on respect for fundamental rights, Article 18 on the best interests of the child, and Article 37 governing the external dimension of return policy.
Above all, the agreement accelerates the implementation of some of the most sensitive and controversial aspects of the reform. This is the case with Article 4, which broadens the definition of “country of return” and provides an immediate legal basis for the removal of migrants to so-called “safe” third countries (EUROPE 13814/34). This provision is structurally linked to Article 17, which initiates operational work for the deployment of future “return hubs” outside the EU.
In addition, Article 45 becomes immediately operational to strengthen Frontex’s logistical support in carrying out returns. Finally, the agreement includes the accelerated implementation of the technical arrangements necessary for the automated processing of the “European return order” via the Schengen Information System (SIS).
Following the negotiations, Nicholas Ioannides, Cyprus’s Deputy Minister for Migration and International Protection, welcomed the outcome : “The swift conclusion of this file within a tight timeframe reflects the commitment of the institutions to establish a set of EU rules on effective returns as part of a holistic migration system”, he said.
The European Parliament and the Council of the EU still need to formally approve the provisional agreement. (Justine Manaud)