Lampedusa: The Council adopted the EU return regulation on 1 October 2026, creating a common system for returning non-EU nationals who have no right to stay in the Union. Ministers gave final approval at the Justice and Home Affairs meeting, four months after the Council and Parliament reached a provisional deal on 1 June. The regulation will take effect the day after publication in the Official Journal.
The text sets obligations for the people concerned. Non-EU nationals with no right to stay must leave and must cooperate with the authorities. If they refuse, national authorities can cut their benefits, withdraw voluntary-return incentives, impose fines or, where national law provides for it, apply criminal penalties.
A new European Return Order is the central tool. It is a standard form that records the main elements of a return decision, so that other Member States can recognise it. Recognition stays voluntary for now. The EU return regulation requires a review three years after entry into force, and the Commission may then propose to make mutual recognition mandatory.
The security provisions are the toughest. Member States may impose indefinite entry bans on people who pose a security risk when this is justified and proportionate, and they may detain such people for more than 24 months. Rights groups are likely to challenge these powers, and national courts will have to decide how far they stretch.
Return hubs are the most debated element. Under the EU return regulation, a Member State may send people with a return decision to hubs in non-EU countries, but only under an agreement with a country that respects international human rights standards and the principle of non-refoulement. Unaccompanied minors are excluded from the hubs. The hub provisions apply immediately once the regulation takes effect.
Other provisions need preparation and apply one year after entry into force. That delay gives national administrations time to build the procedures, the databases and the staffing that the new system requires. For frontline places such as Lampedusa, the practical effect will depend on how quickly neighbouring states recognise return decisions issued elsewhere. Border officials will also need clear guidance on how the European Return Order fits with existing national forms, and the Commission has not yet said when it will publish that guidance. Under the EU return regulation, much of the real change will therefore come through national implementation.
The vote count is not stated in the Council’s announcement. The next step is publication, after which the EU return regulation enters into force within days and starts the one-year clock for its remaining provisions.





