Removal
Article 10
1. The Member States shall take all necessary measures to remove a third-country national subject to a return decision or decision ordering removal where: (a) the third-country national has not complied with the obligation to leave the territory of the Member States in accordance with Article 5; (b) the third-country national does not cooperate with the competent authorities; (c) the third-country national falls within the scope of Article 13; (d) the third-country national moves to another Member State without authorisation, including during the period set in accordance with Article 5; (e) the competent authorities consider that removal is necessary and proportionate, as provided for in national law, for reasons other than those listed in points (a) to (d). 2. This Regulation shall not prevent Member States from permitting or facilitating voluntary return of a third-country national who is otherwise subject to removal pursuant to paragraph 1, in particular where it is considered as leading to a faster and more effective return. 3. A decision ordering removal may be issued by competent authorities to any third-country national who is subject to return. Where a decision ordering removal is issued, it shall be in writing and may be in the same decision as the return decision or as a separate administrative or judicial act or decision or as a part of another administrative or judicial decision. 4. Where a country of return has not yet been determined or where it differs from the country of return previously determined, the competent authority shall determine one or more countries of return in the return decision or decision ordering removal prior to carrying out the removal. 5. Where a decision ordering removal is issued, it shall give reasons of fact and of law. The third-country national shall be informed about available legal remedies and the time limits for seeking those remedies. The decision ordering removal shall be notified to the third-country national as soon as possible in accordance with the national law of the issuing Member State. 6. Where a decision ordering removal is issued, the third-country national shall, upon request, be provided with a written or oral translation of the main elements of that decision, including information on available legal remedies, in a language the third-country national understands or is reasonably presumed to understand. For that purpose, the competent authorities may, where appropriate, use standardised translation templates or machine-assisted or machine-generated translation tools. 7. When the third-country national indicates, or the authorities of the Member State become aware of, relevant indications that the removal would violate the principle of non-refoulement, the competent authorities shall refer the third-country national to the appropriate procedure, including, where applicable, the asylum procedure in accordance with Regulation (EU) 2024/1348, or, in the case of Member States not bound by that Regulation, in accordance with equivalent provisions where they have introduced such provisions in national law, or shall assess in accordance with national law whether removal is in compliance with the principle of non-refoulement. The third-country national concerned shall bring forward as soon as possible any relevant information concerning his or her own personal circumstances in order to substantiate his or her claim that removal would violate the principle of non-refoulement. The competent authorities may rely on or take into consideration any previous assessment of the risk of refoulement of that third-country national. Any further assessment that there is a risk of refoulement shall only be made if relevant information has been substantiated. 8. Member States may decide that the principle of non-refoulement may be assessed by an authority other than the competent authority that is issuing or enforcing the return decision. 9. Coercive measures taken to ensure removal shall be necessary and proportionate and shall, in any event, not exceed the threshold of reasonable force. They shall be implemented in accordance with national law respecting fundamental rights and with due respect for the dignity and physical integrity of the third-country national concerned. 10. In carrying out removals by air, Member States shall take into account the common guidelines on security provisions for joint removals by air set out in the Annex to Council Decision 2004/573/EC ( 28 ) .