Recognition and enforcement of return decisions issued by another Member State
Article 7
1. The Member State where the third-country national is illegally staying (‘enforcing Member State’) may recognise and enforce an enforceable return decision, and where relevant a decision ordering removal, issued to that third-country national by another Member State (‘issuing Member State’) pursuant to Article 5(1) and Article 10(3). That enforcement shall be based on the information available in the European Return Order and shall be carried out in accordance with national rules and the procedures set out in Article 10. 2. Recognition shall not be required to take the form of an administrative procedure. Member States shall not be required to issue administrative acts or decisions for the purpose of recognition. 3. Where a Member State does not recognise or enforce a return decision or decision ordering removal pursuant to paragraph 1, that Member State shall issue a return decision subject to the conditions set out in Article 5 or a decision ordering removal pursuant to Article 10(3). 4. Where a Member State recognises or enforces a return decision or decision ordering removal pursuant to paragraph 1, it shall suspend removal where the effects of the return decision or decision ordering removal in the issuing Member State are suspended, and may issue a return decision subject to the conditions set out in Article 5. 5. Where the issuing Member State suspends or withdraws the return decision or where the return decision is annulled by an administrative authority, or by a court or tribunal, the enforcing Member State shall issue a return decision subject to the conditions set out in Article 5. 6. The issuing Member State shall upon request provide the enforcing Member State with all available data and documents necessary for the purpose of return or removal, in accordance with Regulation (EU) 2018/1860. 7. The application of this Article shall be without prejudice to the use of the exceptions set out in Article 6. 8. Member States shall, by the date of adoption of the implementing act referred to in Article 5(13), start putting in place preparatory steps that could facilitate the recognition of return decisions or decisions ordering removal issued by another Member State, including, where relevant, legal and technical arrangements in their national systems, changes to national IT systems, relevant training, and pilot project activities. 9. By 17 October 2029, the Commission shall assess the implementation of mutual recognition under paragraph 1 of this Article, in particular as regards the following: (a) whether the legal and technical arrangements referred to in Article 5(15) to make the European Return Order available through the Schengen Information System are put in place by the Member States and are effective; (b) whether the legal and technical arrangements to ensure automated handling of the European Return Order referred to in Article 5(16) are put in place by the Member States; (c) the effectiveness of the recognition and enforcement of return decisions and decisions ordering removal; (d) the burden on judicial and administrative national systems resulting thereof; and (e) the results of relevant training and pilot project activities. 10. Based on the assessment referred to in paragraph 9, the Commission shall submit, where appropriate, legislative proposals, including any targeted amendments to ensure effective returns, with a view to introducing mandatory recognition and enforcement of enforceable return decisions and decisions ordering removal issued by another Member State. Where the Commission does not submit a proposal, it shall explain the reason for not doing so.