Return decision
Article 5
1. A return decision shall be issued by the competent authorities of a Member State to any illegally staying third-country national on its territory, stating or imposing an obligation for that third-country national to leave the territory of the Member States. 2. A return decision shall: (a) state a departure period, which shall not exceed 30 days, by the end of which the third-country national shall leave the territory of the Member States; or (b) state that the third-country national shall leave the territory of the Member States immediately. The departure period not to be exceeded referred to in point (a) of the first subparagraph may be shortened as specified in national law. Member States may lay down in their national law the circumstances in which a third-country national is to be granted a departure period or is to leave immediately. 3. By way of derogation from paragraph 2, first subparagraph, point (a), a return decision may state a departure period that exceeds 30 days with due regard to the specific circumstances of the individual case. 4. Competent authorities may extend the departure period initially stated in a return decision with due regard to the specific circumstances of the individual case, in particular participation in a return and reintegration programme pursuant to Article 44(3) or compliance with the obligation to cooperate as set out in Article 18. 5. Competent authorities may shorten the departure period initially stated in a return decision in the case of non-compliance with the obligation to cooperate as set out in Article 18. 6. The date from which the departure period is calculated shall be defined under national law. 7. The return decision shall be issued in writing and 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 return decision shall be notified to the third-country national as soon as possible in accordance with the national law of the issuing Member State. Where the whereabouts of the third-country national are unknown, the return decision shall be notified in accordance with national law. 8. Competent authorities may decide not to provide or may decide to limit the reasons of fact referred to in paragraph 7, where national law provides for the right to information to be restricted or where it is necessary to safeguard public order, public security or national security and for the prevention, investigation, detection and prosecution of criminal offences. In such cases, the third-country national shall be informed of the essence of the grounds on which the return decision has been taken for the purpose of access to an effective remedy. The obligation to inform the third-country national of the essence of the grounds does not include an obligation to disclose any classified information. 9. The country or countries of return may be determined in the return decision or pursuant to Article 10(4) prior to carrying out removal. Where the third-country national decides to return voluntarily to a country other than the country or countries of return determined in the return decision or in the decision ordering removal, the issuance of a new decision determining the country of return shall not be required. 10. Competent authorities shall not be precluded from issuing a return decision where there is an obstacle to removal. Where the country of return has been determined in the return decision and a risk of refoulement has been identified, removal to that country of return shall be postponed in accordance with Article 11(1), point (a). 11. The third-country national shall, upon request, be provided with a written or oral translation of the main elements of the return 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. 12. The return decision shall be issued in the same act or in a separate act at the same time and together with the decision ending a legal stay of a third-country national or without undue delay thereafter, and without affecting the procedural safeguards provided for in Chapter V and other relevant provisions of Union and international law. 13. The Commission shall adopt not later than 17 April 2027 an implementing act to establish the form ‘European Return Order’. The European Return Order shall include the main elements of the return decision and, where relevant, the decision ordering removal. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 47(2). 14. Upon issuance of the return decision, Member States shall use the European Return Order and make it available through the Schengen Information System in accordance with Regulation (EU) 2018/1860. 15. By the date of adoption of the implementing act referred to in paragraph 13, the Member States and the Commission and relevant Union agencies, such as eu-LISA, shall start putting in place the necessary legal and technical arrangements to make available the European Return Order through the Schengen Information System to facilitate the fulfilment of the obligation in paragraph 14. The Commission and relevant Union agencies, such as eu-LISA, shall support Member States, as appropriate. 16. By 17 October 2027, the Commission and relevant Union agencies, such as eu-LISA, shall implement measures to ensure the possibility of automated handling of the European Return Order, with a view to making the application of Article 7 more efficient. 17. By 17 October 2027, Member States shall notify the Commission about the necessary legal and technical arrangements put in place to fulfil the obligation referred to in paragraph 14.