EU Home Affairs Council adopts return rules allowing hubs in non-EU countries

Luxembourg, 1 October 2026

Migration

Home affairs ministers held two key discussions relating to migration management: one dedicated to cooperation with non-EU countries on readmission, and a second one focusing on reinforcing the EU’s migration situational awareness and early warning capabilities.

Today we agreed to enhance our scrutiny of the way key non-EU countries cooperate on readmitting those with no right to stay in the EU. We also mapped out ways to better anticipate irregular arrivals and take quick and coordinated action at an early stage. These are two important deliverables, and I welcome member states’ constructive and substantial engagement. – Jim O’Callaghan, Minister for Justice, Home Affairs and Migration of Ireland

Ministers reaffirmed the importance of improving cooperation with priority non-EU countries when it comes to readmitting persons who do not have the right to stay in the EU. The objective is to ensure effective returns and to support the implementation of the return border procedure put in place under the pact on migration and asylum.

Ministers decided to:

increase scrutiny on the way non-EU countries whose nationals are most represented in the border procedure cooperate on readmission
as a second step, take action where they identify that insufficient cooperation leads to issues in implementing the return border procedure

The yearly report produced by the Commission on the level of cooperation of non-EU countries on readmission will, among other elements, inform this approach. In line with the principles agreed today, future meetings of the Council would examine actions that can be taken to improve the readmission cooperation of specific countries where it proves to be problematic in the context of the border procedure.

Under a non-discussion item, the Council adopted new EU rules enabling more effective returns for those with no right to stay in the EU. The new rules, which had been agreed with the European Parliament before summer, complement the pact on migration and asylum and will contribute to its effective implementation.

Ministers discussed how to reinforce the EU’s migration situational awareness and early warning capabilities, including during crisis situations to respond to migratory arrivals. The objective is to ensure member states and the EU are informed in a timely manner of emerging trends or migration crisis situations with potential EU-wide relevance in order to ensure a swift and coordinated response. Ministers broadly agreed to build on existing structures and tools while attaching greater importance to social media monitoring, recognising the pivotal role the agencies can play.

Home affairs ministers took stock of the implementation of the pact on asylum and migration based on an oral update from the Commission.

Schengen

Home affairs ministers discussed the overall state of the Schengen area, based on a situational update from the Commission. The Commission presented its Schengen Barometer as well as its five-point plan to strengthen the resilience and security of EU external borders.

Among other issues raised, the discussion covered visa policy, including the issuance of visas to Russian nationals.

In the context of the discussion on the overall state of the Schengen area, the Spanish minister for home affairs provided an update on the situation with regard to Ceuta, two months after the informal video conference of home affairs ministers of 4 August 2026.

Ministers also discussed the implementation of the priorities for the Schengen Council cycle 2026-2027, with a focus on enhancing information exchange and leveraging technological developments to increase security in the EU. Ministers agreed that existing information exchange tools should be used to their full potential. As the use of new technologies is essential to identify emerging risks and anticipate threats, ministers agreed to build on existing structures such as the EU innovation hub for internal security to support the development and uptake of technologies tailored to the needs of law enforcement.

Ministers reviewed progress on the implementation of the interoperability of the EU’s large-scale IT systems for justice and home affairs, based on an update by the Commission and eu-LISA. Upcoming milestones include the European criminal records information system on third-country nationals (ECRIS-TCN) and the European Travel Information and Authorisation System (ETIAS).

Implementation of EU drugs strategy

Ministers discussed the implementation of the EU’s drugs strategic framework, focusing on responding to drug-related intimidation and violence. Drug traffickers increasingly use threats, coercion, or violence directed at individuals and their families to enforce drug debts, control territory, or recruit people.

The Presidency presented the Irish approach to addressing drug-related intimidation, which includes prevention, capacity building, safe reporting channels and support to victims, with a focus on community-level interventions, combined with targeted enforcement efforts. Ministers shared national perspectives and responses and discussed where the EU can add value. They concluded that additional work is needed to map vulnerabilities and identify measures to increase the resilience of local communities, families and critical employees.

This exchange of views comes after EU leaders highlighted the growing health, social and security challenges linked to the use and trafficking of illicit drugs at the June 2026 European Council. Leaders stressed the need for a multidisciplinary response at all levels, including support to make local communities and families more resilient.

The geopolitical situation and its impact on the EU’s internal security

In a restricted format over lunch, ministers received an update from the European domestic intelligence and security services on the current security threat landscape. Ministers exchanged views on the impact of the current geopolitical environment on the EU’s internal security, with a focus on the threats arising from Russia’s war of aggression against Ukraine and measures taken at EU level.

Fighting crime (background information)

Other points

Under a non-discussion item, the Council gave its green light to the signing of an agreement with the Republic of Korea on the transfer of passenger name record (PNR) data. The agreement will enable PNR data to be shared with the Korean authorities to help prevent, detect, investigate and prosecute terrorism and serious crime, while providing safeguards for privacy and the protection of personal data.

The Council also adopted the decision on the conclusion of the passenger name record agreement with Switzerland, completing the EU’s internal procedure for concluding the agreement.

Under other business, ministers received updates on several issues:

The European Commission informed ministers about its annual progress report on simplification, implementation and enforcement.
Germany reported on the Baltic Sea security summit held on 28 August 2026 in Flensburg, Germany.
Greece highlighted the need for a European emergency mechanism to address instrumentalisation and hybrid threats at the EU external borders.
France provided information on the topic of data retention.

Meeting files

Outcome documents

List of participants

Press releases

Council adopts new rules on return for those with no right to stay in the EU

Source – EU Council

EU Council adopts new rules on return for those with no right to stay in the EU

Luxembourg, 1 October 2026

Today, the Council gave its final green light to new EU rules enabling more effective returns for those with no legal right to stay in the EU. As envisaged under the EU’s comprehensive approach to migration, the new rules, which will come into force in the coming weeks, complement the pact on migration and asylum and will contribute to its successful implementation.

The new rules impose obligations on those who have no right to stay in the EU. They outline EU-wide procedures for their return, including stricter rules for returning those posing a security threat.

The rules provide more tools for member states to implement returns. They also open the possibility for member states to establish return hubs in non-EU countries.

All measures related to return must be carried out in full respect of fundamental rights.

Around two in three people ordered to leave the EU do not actually leave. The revised return rules adopted today will assist member states in implementing swift returns effectively. This is crucial to deliver a common approach to migration management under the pact on migration and asylum. – Jim O’Callaghan, Minister for Justice, Home Affairs and Migration of Ireland

Obligations for those with no right to stay

The new rules impose obligations on non-EU nationals who have no right to stay in the EU to leave the member state concerned and to cooperate with the authorities. Failure to respect the obligation to cooperate can lead to sanctions, including reduced benefits and allowances granted in accordance with national law, refusal of incentives granted to promote voluntary return, financial penalties or even criminal sanctions, where such are foreseen in national law.

European return order and mutual recognition of return decisions

The new rules introduce a European Return Order, a form on which member states will have to insert the key elements of the return decision. This will give member states the necessary information to recognise return decisions issued by other member states.

The mutual recognition of return decisions will remain voluntary for the time being and will be reassessed three years after the new rules enter into force. The Commission may then table a legislative proposal to make mutual recognition mandatory.

Return of people posing security risks

The new rules introduce special measures for non-EU nationals who pose a security risk. For instance, member states may issue an indefinite entry ban where justified and proportionate to the security risk posed or detain such non-EU nationals for a period longer than 24 months.

Return hubs in non-EU countries

The new rules will allow member states to return persons who have no right to stay in the EU and who received a return decision to return hubs established in non-EU countries. This requires the conclusion of an agreement or arrangement with the non-EU country in question. Any such agreement or arrangement may only be concluded with a non-EU country that respects international human rights standards and principles of international law, including the principle of non-refoulement.

Unaccompanied minors are excluded from such agreements or arrangements.

Next steps

The regulation will now be published in the EU official journal and will enter into force on the following day.

A number of provisions, such as those on return hubs, will apply immediately. Other provisions requiring preparatory work will apply one year after entry into force.

Visit the meeting page