The Council of the European Union, under the Cyprus Presidency, and the European Parliament have reached a provisional political agreement on new EU return rules governing the return of third-country nationals who are staying illegally in member states.
The agreement was reached late on Monday following negotiations in Brussels and marks a significant step in the implementation of the EU’s migration and asylum framework.
Cyprus leads negotiations
Cyprus was represented during the negotiations by Deputy Minister for Migration and International Protection Nikolas Ioannides. The European Parliament’s lead negotiator was Dutch MEP Malik Azmani, while the European Commission was represented by Migration Commissioner Magnus Brunner.
Speaking after the agreement was reached, Brunner described it as “a very important step” in ensuring control over who enters and who must leave the European Union.
New obligations and penalties
According to the Council of the EU, the new regulation establishes clear obligations for third-country nationals who do not have the right to remain in the EU. These include the obligation to leave the member state concerned and to cooperate with national authorities.
Failure to comply may lead to reduced benefits and allowances, as well as criminal penalties, including imprisonment where permitted under national legislation.
The regulation also introduces a European Return Order, a standardised document designed to facilitate the mutual recognition of return decisions among member states. Participation will initially remain voluntary.
The European Commission will review the system three years after the regulation enters into force and may propose making mutual recognition mandatory.
Return hubs and security measures
The agreement allows member states to conclude arrangements with third countries for so-called return hubs, provided international human rights standards and the principle of non-refoulement are respected.
Unaccompanied minors are explicitly excluded from these provisions.
Brunner said the next step would involve strengthening migration diplomacy with third countries to improve cooperation on returns.
For individuals considered a security threat, stricter measures will apply, including indefinite entry bans and detention in correctional facilities where appropriate.
Longer detention period
One of the most significant changes concerns detention periods for irregular migrants awaiting return.
The maximum detention period will increase from the current six months to 24 months, with the possibility of an additional six-month extension in certain cases.
The new regulation also ends the automatic suspension of deportation orders while appeals are pending. Courts will instead decide on a case-by-case basis whether removal should be halted during legal proceedings.
Part of broader migration pact
Following the agreement, Ioannides said the new regulation would speed up return procedures and increase the number of returns of individuals without a legal right to remain in the EU.
He described migration as a top priority for the Cyprus Presidency and said the agreement strengthens the credibility of EU migration policy.
Ioannides added that the swift conclusion of negotiations reflects the commitment of EU institutions to establishing a coherent and effective return system within a broader migration framework, while fully respecting human rights.
The legislation forms part of the remaining key files under the EU Pact on Migration and Asylum, which begins implementation on 12 June 2026.
Before entering into force, the provisional agreement must receive formal approval from both the Council of the EU and the European Parliament following legal and linguistic review. This process could be completed as early as next month.
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