Return border procedure regulation (RBPR)

KEY POINTS

Return border procedure

Non-EU nationals and stateless persons whose applications have been rejected in the context of the asylum border procedure are not allowed to enter the territory of the Member State concerned.

• These individuals must normally stay in locations near the external border or in transit zones for up to 12 weeks following the decision.
• Staying in these locations does not mean the individuals are authorised to enter the country.
• Conditions in these locations must meet the material conditions for reception and healthcare, as outlined in the reception conditions directive (Directive (EU) 2024/1346, see summary).
• If the people concerned cannot be returned within the 12-week window, the country has to continue the return process according to what is laid out in the return directive (Directive 2008/115/EC, see summary).
• A voluntary departure period of up to 15 days may be granted (without the right to enter the country during this time), unless:
  • there is a risk of absconding; or
  • their application in the context of the asylum border procedure has been rejected as manifestly unfounded; or
  • the person concerned is a risk to public policy, public security or the national security of the Member States.

Detention

Detention may only be used as a measure of last resort after an individual assessment of the case and for situations where less coercive measures do not work.

• When a person has been detained during the asylum border procedure, they may continue to be detained for the purposes of preventing their entry into the territory of the Member State concerned, of preparing their return or of carrying out the removal process.
• When a person has not been detained during the asylum border procedure, they may be detained if there is a risk that they might run away, if they avoid or hamper the preparation of the return or removal process or if they pose a risk to public policy, public security or national security.
• Detention must be as short as possible and cannot go beyond 12 weeks, except in specific crisis situations.
• By December 2024, the European Union Agency for Asylum had to develop guidelines on alternatives to detention that could be used in the context of a border procedure.

Crisis situations

What constitutes a crisis is defined in the crisis regulation (Regulation (EU) 2024/1359, see summary). These crisis measures apply to people subject to the asylum border procedure whose applications have been rejected before the adoption of the Council implementing decision referred to in Article 4(3) of Regulation (EU) 2024/1359 and who have no right to remain, and who are not allowed to remain after the adoption of that implementing decision.

• Member States can, for rejected applicants:
  • extend the 12-week stay in border or transit locations by up to six weeks;
  • prolong the detention period for people whose asylum claims have been rejected.
• Organisations offering legal advice and support must have access to people held in detention or at border crossings, although Member States can limit access for security reasons.
• If a Member State believes it is in a crisis, it may submit a request to apply the derogations set out in the crisis regulation (Regulation (EU) 2024/1359).
• Member States applying crisis measures must inform the affected people about the measures applied and the duration of the measures in a language they understand.

Challenge by public authorities

This regulation does not affect the possibility for public authorities to challenge administrative or judicial decisions, as provided for in national law.

Transition to the new rules

• By September 2024, the European Commission, together with Member States and relevant EU agencies, had to present a common implementation plan to ensure that countries would be ready to implement the return border procedure by July 2026.
• Member States had to develop national implementation plans by December 2024 to outline how they would roll out these procedures.
• The Commission and EU agencies will provide support.
• The amendment to Regulation (EU) 2021/1148 guarantees full contribution by the EU to relevant expenditure on border management.

Monitoring and evaluation

• The Commission is to report to the European Parliament and Council of the European Union on the application of this regulation by June 2028 and every five years thereafter.
• Member States must provide the necessary information to the Commission for evaluation.

Schengen area

• The regulation constitutes a development of the Schengen acquis and is applicable to Iceland, Norway, Liechtenstein and Switzerland as relevant.
• Denmark has decided not to take part in the regulation, but later may adopt it into its national law, in accordance with the Schengen rules.
• The regulation does not apply to Ireland because it is not in the Schengen area.