Legal provisions of COM(2015)668 - European travel document for the return of illegally staying third-country nationals

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Article 1 - Subject matter

This Regulation establishes a uniform European travel document for the return of illegally staying third-country nationals (European travel document for return), in particular its format, security features and technical specifications.

Article 2 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘third-country national’ means a third-country national as defined in point 1 of Article 3 of Directive 2008/115/EC;

(2)‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC;

(3)‘return decision’ means return decision as defined in point 4 of Article 3 of Directive 2008/115/EC.

Article 3 - European travel document for return

1. The format of the European travel document for return shall correspond to the model set out in the Annex. The European travel document for return shall contain the following information:

(a)the name, surname, date of birth, sex, nationality, distinguishing marks and, if known, the address in the third country of return of the third-country national;

(b)a photograph of the third-country national;

(c)the issuing authority, date and place of issue and period of validity;

(d)information about the departure and arrival of the third-country national.

2. The European travel document for return shall be issued in one or more official languages of the Member State that issues the return decision and, where appropriate, shall also be provided in English and French.

3. The European travel document for return shall be valid for a single journey up until the time of arrival in the third country of return of the third-country national subject to a return decision issued by a Member State.

4. Where applicable, additional documents necessary for the return of third-country nationals may be attached to the European travel document for return.

5. The Commission is empowered to adopt delegated acts in accordance with Article 6 in order to amend the format of the European travel document for return.

Article 4 - Technical specifications

1. The security features and technical specifications of the European travel document for return shall be those set out in Article 2 of Regulation (EC) No 333/2002.

2. Member States shall forward to the Commission and to the other Member States a specimen of the European travel document for return drawn up in accordance with this Regulation.

Article 5 - Issuing fees

The European travel document for return shall be issued free of charge for the third-country national.

Article 6 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 3(5) shall be conferred on the Commission for an indeterminate period of time from 7 December 2016.

3. The delegation of power referred to in Article 3(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 3(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 7 - Repeal

The Council Recommendation of 30 November 1994 is repealed.

Article 8 - Review and reporting

By 8 December 2018, the Commission shall review and report on the effective implementation of this Regulation. The review of this Regulation shall be incorporated into the assessment as provided for in Article 19 of Directive 2008/115/EC.

Article 9 - Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 8 April 2017.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.