Council of the European Union Brussels, 19 June 2019 (OR. en) 10254/19 LIMITE MIGR 97 COMIX 327 FRONT 213 NOTE From: To: Incoming Presidency Delegations Subject: Presidency paper on the new mandate of the European Border and Coast Guard Agency in the area of returns Delegations will find in annex the above-mentioned incoming Presidency paper to be discussed at the Integration, Migration and Expulsion (Expulsion) working party meeting on 3 July 2019. 10254/19 JV/kl JAI.1 LIMITE 1 EN

ANNEX NEW MANDATE OF THE EUROPEAN BORDER AND COAST GUARD AGENCY IN THE AREA OF RETURNS The European Parliament and the Council of the EU agreed on a new Regulation on the European Border and Coast Guard in April 2019. The Regulation will be adopted in October/November 2019 and enter into force before the end of 2019. With the Regulation, the European Border and Coast Guard Agency (EBCGA) will receive a stronger mandate in returns: more tasks, more competences and more staff. The Agency has been allocated a total of EUR 1.7 billion for return management in 2017–2021. Under Article 10(15) of the new Regulation, the Agency shall provide Member States with assistance in all stages of the return process without entering into the merits of return decisions, which remain the sole responsibility of the Member States. The Agency will provide support at the request of the Member State concerned or on its own initiative and in agreement with the Member State concerned. This support will cover all stages of return, from preparatory activities before issuing return decisions, to post-arrival and post-return activities. It will also include assisted voluntary return and assistance of Member States in the identification of third-country nationals and the acquisition of travel documents. The Agency’s tasks in the area of returns are laid down in Articles 49–54 of the new Regulation, and provisions on its standing corps and operational staff are contained in Article 55. Provisions on actions in the area of returns are also included in Articles 60 and 62–64. Provisions on cooperation with third countries are contained in Articles 72–78. In practice, the amendments made to the new Regulation compared with the legislation in force mean, for example, that the activities of networks such as EURINT (European Integrated Return Management Initiative), ERRIN (European Return and Reintegration Network) and EURLO (European Return Liaison Officer) can now be taken over by the Agency. 10254/19 ANNEX JV/kl JAI.1 LIMITE 2 EN

In preparing for the Agency’s wider mandate, the Presidency believes it to be important to hold a discussion, from the perspective of returns, on the Agency’s new tasks, on Member States expectations as regards these new tasks and on the necessary contribution from Member States for the implementation of these tasks, including the possible timeframe. It is also important to know on which areas Member States would like the Agency to concentrate its activities first in order to generate as much added value as possible for EU return policy. Against this background, Member States are invited to express their views regarding the following questions:  What expectations and needs do Member States have as regards the Agency's wider mandate in the field of returns under the new Regulation?  Which of the new areas of EBCGA mandate are the most pressing for the Member States, are most likely to enhance efficiency of returns and could therefore be considered joint immediate priorities for the Agency and Member States to engage on and develop? One of the Agency’s new tasks defined in the new Regulation concerns post-arrival and post-return activities. According to Article 49(1)(a)(i), the Agency shall provide technical and operational assistance to Member States in return including post-arrival and post-return activities of the Member States. Currently such activities are organised by Member States, with the support of ERRIN, IOM (International Organisation for Migration) or other organisations. ERRIN is a project funded under AMIF (Asylum, Migration and Integration Fund) until 1 July 2020. However, ERRIN is likely to continue beyond that, backed by additional financing, until EBCGA is ready to assume its new tasks. 10254/19 ANNEX JV/kl JAI.1 LIMITE 3 EN

Member States are invited to reflect on the Agency’s new task concerning “post arrival and post-return activities”, in particular:  What do the terms "post-arrival" and "post-return" activities mean in the context of the new EBCGA mandate?  What should be the nature of the Agency's activities in this area - should the Agency rather engage in direct assistance as regards post-arrival and post-return or should the Agency rather build synergies between Member States and different stakeholders when e.g. outsourcing the activities to service-providers?  What could be the priority actions to be undertaken by the Agency as regards "post-arrival" and "post-return"? 10254/19 ANNEX JV/kl JAI.1 LIMITE 4 EN