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EU adopts return rules allowing hubs in non-EU countries

European Union flag waving outside the modern glass-fronted Council of the European Union building in Brussels
Image courtesy of Delpixart via iStock

The Council of the European Union (EU) gave final approval to a new EU return regulation covering people without a legal right to stay in the bloc. The rules allow member states to set up return hubs in countries outside the EU.

The Council said the regulation enables more effective returns and complements the pact on migration and asylum. It also said the rules will help implement the pact successfully.

The regulation will come into force in the coming weeks, the Council said.

Final stamp, bigger toolbox

The Council said the rules give member states more tools to carry out returns. It also said every measure related to returns must fully respect fundamental rights.

Jim O’Callaghan, Minister for Justice, Home Affairs and Migration of Ireland, pointed to the scale of the problem. “Around two in three people ordered to leave the EU do not actually leave,” he said.

He added that the revised rules will help member states carry out swift returns effectively. He said this is necessary to deliver a common approach to migration management under the pact.

The Council and the European Parliament reached a deal on the regulation on 1 June 2026. The Council approved it on 1 October.

Hubs beyond border

Return hubs are among the most prominent additions. Member states may send people who have no right to stay and have received a return decision to hubs established in non-EU countries.

Each hub depends on an agreement or arrangement with the country concerned. Without one, no transfer can take place.

The Council set conditions on those deals. A member state may conclude an agreement or arrangement with a non-EU country only if it respects international human rights standards and the principles of international law, including non-refoulement.

Unaccompanied minors are excluded from any such agreement or arrangement. The provisions on return hubs will apply immediately once the regulation enters into force.

Aerial view of rows of cars awaiting shipment at a port in Istanbul, Turkey, with cargo cranes, a ferry and city skyline
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Leave, or face consequences

The regulation also places duties on non-EU nationals who have no right to stay. They must leave the concerned Member State and cooperate with the authorities.

Failure to comply can bring penalties. These include reduced benefits and allowances granted under national law, and refusal of incentives offered to promote voluntary return.

Financial penalties are also possible. Criminal sanctions may also apply where national law provides for them.

One form, 27 capitals

The regulation introduces a European Return Order. It is a form on which member states must enter the main details of a return decision.

The form gives member states the information they need to recognise return decisions issued by other member states. Recognition of this kind remains voluntary for now.

The Council said it will reassess mutual recognition three years after the rules enter into force. The Commission may then table a legislative proposal to make it mandatory.

European Union flags waving outside historic buildings in The Hague, Netherlands, with green trees and a clear blue sky
Image courtesy of Martijn Stoof via Pexels

Tougher line on security risks

Separate measures apply to non-EU nationals who pose a security risk. Member states may issue an indefinite entry ban where it is justified and proportionate to the risk posed.

They may also detain such individuals for longer than 24 months. The Council described these as special measures, with stricter rules for returning people who pose a security threat.

Clock starts at publication

The regulation will now be published in the EU Official Journal. It will enter into force the following day.

Some provisions, including those on return hubs, will apply straight away. Others need preparatory work and will apply one year after the regulation enters into force.


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