Return to a third country with which there is an agreement or arrangement
Article 14
1. Return of illegally staying third-country nationals to a country of return referred to in Article 3, point (3)(g), requires an agreement or arrangement to be concluded with that third country. Such an agreement or arrangement may only be concluded with a third country where international human rights standards and principles in accordance with international law, including the principle of non-refoulement, are respected. 2. An agreement or arrangement concluded pursuant to paragraph 1 shall set out the following: (a) the procedures applicable to the return of illegally staying third-country nationals out of the Member States to the country of return referred to in Article 3, point (3)(g); (b) the conditions for the stay of the third-country national in the country of return referred to in Article 3, point (3)(g), including the respective obligations and responsibilities of the parties to that agreement or arrangement; (c) the obligations of the third country referred to in the second sentence of paragraph 1; (d) the consequences of violations of that agreement or arrangement or of a significant change adversely impacting the situation in the country of return referred to in Article 3, point (3)(g). 3. Where an agreement or arrangement concluded pursuant to paragraph 1 of this Article provides for onward return to a country of return as referred to in Article 3, points (3)(a) to (d), that agreement or arrangement shall, in addition to paragraph 2 of this Article, set out the following: (a) the consequences in the event that onward return is not possible; (b) the respective obligations and responsibilities of the parties to that agreement or arrangement; (c) the consequences of a significant change adversely impacting the situation in the country of return referred to in Article 3, point (3)(g); (d) an independent body or mechanism to monitor the effective application of the agreement or arrangement. An agreement or arrangement pursuant to the first subparagraph of this paragraph may include the conditions for detention in the country of return referred to in Article 3, point (3)(g). 4. Member States shall, at an appropriate time, inform the relevant Member States of negotiations on an agreement or arrangement as referred to in paragraph 1 with a third country that shares a common border with those Member States. Member States shall inform the Commission and the other Member States of any bilateral or multilateral agreements or arrangements concluded in accordance with paragraph 1 prior to their entry into force, or, where an agreement or arrangement is to be applied provisionally, before the beginning of its provisional application. The Commission and the other Member States shall also be informed of any subsequent changes to, or the termination of, such agreements or arrangements. 5. Unaccompanied minors shall not be returned to a country of return referred to in Article 3, point (3)(g) pursuant to an agreement or arrangement referred to in paragraph 1 of this Article.