Issuance of an entry ban
Article 8
1. Return decisions shall be accompanied by an entry ban when: (a) the third-country national is subject to removal in accordance with Article 10; (b) the obligation to leave the territory of the Member States has not been complied with within the time limits set in accordance with Article 5; or (c) the third-country national poses a security risk within the meaning of Article 13. 2. In cases other than those listed in paragraph 1, competent authorities may accompany a return decision or decision ordering removal with an entry ban taking into account relevant circumstances, in particular the level of cooperation of the third-country national. 3. The entry ban shall be issued as part of the return decision or as part of the decision ordering removal or separately in writing. The entry ban shall be notified to the third-country national in a language that he or she 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. 4. Competent authorities may impose an entry ban without issuing a return decision to a third-country national who has been illegally staying on the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, or, in the case of Member States not bound by that Regulation, equivalent checks in accordance with national law. The entry ban in these cases may be imposed and notified after the third-country national has departed from the territory of the Member States avoiding as far as possible postponing the departure of the third-country national concerned. 5. Where an illegally staying third-country national departs from the territory of the Member States before a return decision is issued, the competent authorities may impose an entry ban without issuing a return decision. 6. Where the grounds for issuing an entry ban have arisen after a return decision is issued, the competent authorities may impose an entry ban without issuing a new return decision. 7. Competent authorities may refrain from issuing an entry ban in individual cases for humanitarian reasons, if the third-country national is a victim of trafficking in human beings or if the third-country national duly cooperates with the competent authorities, including by enrolling in a return and reintegration programme. 8. The duration of an entry ban shall be determined with due regard to all relevant circumstances of the individual case for a maximum of 10 years. Without prejudice to Article 13(5), point (a), an entry ban may be issued for a maximum of 20 years for duly substantiated reasons whenever it is considered necessary to prevent the third-country national from entering the territory of the Member States. 9. The period of the entry ban shall start from the date on which the third-country national left the territory of the Member States.