Measures accompanying return procedures
Within the specific objective laid down in point (c) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, as regards measures accompanying return procedures, the Fund shall focus on one or more of the following categories of third-country nationals:
(a)
third-country nationals who have not yet received a final negative decision in relation to their request to stay, their legal residence and/or international protection in a Member State, and who may choose to make use of voluntary return;
(b)
third-country nationals enjoying the right to stay, legal residence and/or international protection within the meaning of Directive 2011/95/EU, or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who have chosen to make use of voluntary return;
(c)
third-country nationals who are present in a Member State and do not or no longer fulfil the conditions for entry and/or stay in a Member State, including those third-country nationals whose removal has been postponed in accordance with Article 9 and Article 14(1) of Directive 2008/115/EC.
In this context, the Fund shall support, in particular, the following actions focusing on the categories of persons referred to in the first subparagraph:
(a)
the introduction, development and improvement of alternative measures to detention;
(b)
the provision of social assistance, information or help with administrative and/or judicial formalities and information or counselling;
(c)
the provision of legal aid and language assistance;
(d)
specific assistance for vulnerable persons;
(e)
the introduction and improvement of independent and effective systems for monitoring enforced return, as laid down in Article 8(6) of Directive 2008/115/EC;
(f)
the establishment, maintenance and improvement of accommodation, reception or detention infrastructure, services and conditions;
(g)
the setting-up of administrative structures and systems, including IT tools;
(h)
the training of staff to ensure smooth and effective return procedures, including their management and implementation.
Return measures
Within the specific objective laid down in point (c) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, as regards return measures the Fund shall support actions focusing on the persons referred to in Article 11 of this Regulation. In this context, the Fund shall support, in particular, the following actions:
(a)
measures necessary for the preparation of return operations, such as those leading to the identification of third-country nationals, to the issuing of travel documents and to family tracing;
(b)
cooperation with the consular authorities and immigration services of third countries with a view to obtaining travel documents, facilitating repatriation and ensuring readmission;
(c)
assisted voluntary return measures, including medical examinations and assistance, travel arrangements, financial contributions and pre- and post-return counselling and assistance;
(d)
removal operations, including related measures, in accordance with the standards laid down in Union law, with the exception of coercive equipment;
(e)
measures to launch the progress of reintegration for the returnee’s personal development, such as cash-incentives, training, placement and employment assistance and start-up support for economic activities;
(f)
facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival;
(g)
specific assistance for vulnerable persons.
Practical cooperation and capacity-building measures
Within the specific objective laid down in point (c) of the first subparagraph of Article 3(2) of this Regulation, in the light of the outcome of the policy dialogue as provided for in Article 13 of Regulation (EU) No 514/2014, and in accordance with the objectives of the national programmes defined in Article 19 of this Regulation, as regards practical cooperation and capacity-building measures the Fund shall support, in particular, the following actions:
(a)
actions to promote, develop and reinforce operational cooperation and information exchange between the return services and other authorities of Member States involved in return, including as regards cooperation with the consular authorities and immigration services of third countries and joint return operations;
(b)
actions to support cooperation between third countries and the return services of Member States, including measures aiming to strengthen third countries’ capacities to conduct readmission and reintegration activities, in particular in the framework of readmission agreements;
(c)
actions enhancing the capacity to develop effective and sustainable return policies, in particular by exchanging information on the situation in countries of return, best practices, sharing experiences and pooling resources between Member States;
(d)
actions enhancing the capacity to collect, analyse and disseminate detailed and systematic data and statistics on return procedures and measures, reception and detention capacities, enforced and voluntary returns, monitoring and reintegration;
(e)
actions directly contributing to the evaluation of return policies, such as national impact assessments, surveys amongst target groups, the development of indicators and benchmarking;
(f)
information measures and campaigns in third countries aimed at raising awareness of the appropriate legal channels for immigration and the risks of illegal immigration.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
