Regulation 2016/1953 - Establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 - Main contents
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official title
Regulation (EU) 2016/1953 of the European Parliament and of the Council of 26 October 2016 on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2016/1953 |
| Original proposal | COM(2015)668  |
| CELEX number i | 32016R1953 |
| Document | 26-10-2016; Date of signature |
|---|---|
| Publication in Official Journal | 17-11-2016; OJ L 311 p. 13-19 |
| Signature | 26-10-2016 |
| Effect | 07-12-2016; Entry into force Date pub. +20 See Art 9 08-04-2017; Application See Art 9 |
| End of validity | 31-12-9999 |
17.11.2016 |
EN |
Official Journal of the European Union |
L 311/13 |
REGULATION (EU) 2016/1953 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 October 2016
on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(c) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, with full respect for their fundamental rights, in particular for the principle of non-refoulement, and in compliance with Directive 2008/115/EC of the European Parliament and of the Council (2), is an essential part of the comprehensive efforts to ensure the credibility and the proper and effective functioning of the Union migration policy and to reduce and deter irregular migration. |
(2) |
The national authorities of the Member States experience difficulties in returning illegally staying third-country nationals who possess no valid travel documents. |
(3) |
Improving cooperation on return and readmission with the main countries of origin and transit of illegally staying third-country nationals is essential for increasing rates of return, which are unsatisfactory. An improved European travel document for the return of illegally staying third-country nationals is relevant in that regard. |
(4) |
The current standard travel document for the return of third-country nationals, established by the Council Recommendation of 30 November 1994 (3), is not widely accepted by authorities of third countries, for reasons including its inadequate security standards. |
(5) |
It is therefore necessary to promote the acceptance by third countries of an improved and uniform European travel document for the return of illegally staying third-country nationals as the reference document for return purposes. |
(6) |
A more secure and uniform European travel document for the return of illegally staying third-country nationals (European travel document for return) should be established to facilitate the return and readmission of third-country nationals staying illegally on the territory of the Member States. The enhanced security features and technical specifications of the European travel document for return should facilitate its recognition by third countries. That document should therefore facilitate the carrying out of returns in the context of readmission agreements or other arrangements concluded by the Union or by the Member States with third countries, as well as in the context of return-related cooperation with third countries not covered by formal agreements. |
(7) |
The readmission of own nationals is an obligation under international customary law, with which all States are required to comply. The identification of illegally staying third-country nationals and the issuance of documents including the European travel document for return should, where appropriate, be subject to cooperation with diplomatic representations and negotiations with third countries entering into readmission agreements, either with the Union or with the Member States. |
(8) |
Readmission agreements concluded by the Union with third countries should seek the recognition of the European travel document for return. Member States should seek the recognition of the European travel document for return in bilateral... |
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