BRUSSELS, BELGIUM / EuroWire / — European Union (EU) negotiators reached a provisional agreement on new migration return rules that would tighten procedures for removing people without a legal right to stay in member states and create a legal basis for external return centres outside the bloc. The agreement, reached by representatives of the Council of the European Union and the European Parliament, forms part of the wider migration and asylum framework scheduled to apply from June 12, 2026.
The proposed regulation would replace the existing returns directive with a directly applicable framework for member states, covering return decisions, cooperation duties, detention conditions, entry bans and recognition of return orders across the bloc. The text applies to third country nationals staying irregularly in the European Union, including people whose asylum claims have been rejected and others who no longer meet the conditions for lawful residence under EU or national rules.
Under the agreed text, people subject to a return decision would be required to cooperate with national authorities by providing information needed to establish identity, nationality and travel arrangements. Member states would be able to impose consequences for noncooperation under national law, including reduced benefits or criminal sanctions where permitted. The regulation also sets out grounds for detention when authorities determine that a person may abscond, obstruct return procedures, pose a security risk or fail to comply with alternatives to detention.
Return centres outside EU territory
The agreement introduces a framework for return hubs in third countries, a measure that would allow member states to transfer some people under return decisions to locations outside the European Union. Such arrangements would need to be based on agreements or arrangements with third countries that meet international human rights standards and respect the principle of nonrefoulement. The text excludes unaccompanied minors from transfer to return hubs, according to the institutional agreement announced by EU bodies.
The regulation would also strengthen mutual recognition of return decisions, allowing one member state to enforce a return order issued by another. Officials have presented that provision as a way to reduce repeated administrative procedures when people move between member states after receiving an order to leave. The measure is tied to broader work on shared migration databases, border screening, asylum procedures and the implementation of the Pact on Migration and Asylum.
Safeguards remain part of return rules
The text keeps requirements for individual assessment, access to remedies and respect for international protection obligations. Return to a third country would be allowed only where legal conditions are met, including safeguards under international and EU law. Detention would remain subject to conditions in the regulation and national implementation rules, with the European Parliament position having supported a maximum period of up to 24 months in specified cases, along with alternatives such as reporting requirements.
The agreement is provisional and still requires formal endorsement and adoption before entering into force. It follows the European Commission proposal of March 2025 and negotiations among EU institutions during 2026. The migration return regulation sits alongside separate changes on safe third countries, safe countries of origin and common asylum procedures. Together, the measures mark one of the most significant revisions of European Union migration policy since the adoption of the Pact on Migration and Asylum.