Detention period
Article 30
1. Detention shall be maintained for as short a period as possible and for as long as the grounds laid down in Article 29 are fulfilled and it is necessary to ensure the effective and successful return of the third-country national. 2. When it appears that the grounds laid down in Article 29 are no longer fulfilled, the third-country national shall be released from detention pursuant to this Regulation. Such release shall not preclude the application of measures in accordance with Articles 20 and 23. 3. Detention shall not exceed 12 months in a Member State. Where the return procedure is likely to last longer owing to a lack of cooperation by the third-country national concerned, or delays in obtaining the necessary documentation from third countries, or in other exceptional circumstances provided for in national law, detention may be applied for a longer period but shall not exceed 24 months in a Member State. Where the third-country national has moved to another Member State and his or her conduct constitutes a ground for detention as referred in Article 29(3), a new period of detention shall apply. 4. Detention may, after the expiry of the maximum detention period of 24 months pursuant to paragraph 3, be applied for additional periods, not exceeding 6 months in total, where there is a risk of absconding and where one or more of the following changes in circumstances indicate a reasonable prospect of removal: (a) there is new significant information on the third-country national’s identity; (b) a travel document has been obtained, or may reasonably be presumed to be obtained due to a change in circumstances; (c) cooperation with the third country concerned has improved. When detaining a third-country national in accordance with this paragraph, the competent authorities shall prioritise such a case in order to ensure that detention is maintained for as short a period as possible. 5. The expiry of the maximum detention periods in accordance with paragraphs 3 and 4 does not preclude the application of measures in accordance with Articles 20 and Article 23. 6. Where a third-country national is cooperating on his or her return during detention, the voluntary return of the third-country national concerned shall, where appropriate, be organised without undue delay. Detention may, where relevant, be maintained until departure to ensure effective return in compliance with paragraphs 3 and 4.