Chapter II, Section 3, Article 13 · Regulation (EU) 2026/2280

Contents

Article 13Return of third-country nationals posing security risks#

1.This Article shall apply to third-country nationals where:

(a)they pose a threat to public policy, to public security or to national security, including where they are subject to an alert pursuant to Article 24(1), point (a), of Regulation (EU) 2018/1861 of the European Parliament and of the Council^note;

(b)there are reasonable indications for believing that they have committed a serious criminal offence as referred to in Article 2(2) of Council Framework Decision 2002/584/JHA^note or have committed an offence carrying a penalty involving the deprivation of liberty of at least two years under national law or have committed multiple offences carrying a penalty involving the deprivation of liberty of at least one year under national law;

(c)there are reasonable indications that they are involved in any of the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council^note;

(d)there are reasonable indications of their intention to commit an offence referred to in points (b) and (c) of this paragraph in the territory of a Member State;

(e)there are reasonable indications that they pose any other security threat as identified under national law.

2.Paragraph 1, points (b), (c) and (d), shall also apply to third-country nationals where there are reasonable indications that they have incited or otherwise participated in the commission of the crimes or acts referred to in those points.

3.Third-country nationals falling within the scope of this Article shall be subject to removal in accordance with Article 10.

4.Member States shall take the necessary measures to ensure that return decisions concerning third-country nationals falling within the scope of this Article are dealt with and enforced as a matter of priority.

5.By way of derogation from the relevant provisions of this Regulation, third-country nationals falling within the scope of this Article may be:

(a)subject to an entry ban issued in accordance with Article 8 that exceeds the maximum duration provided for in Article 8(8) or an entry ban for an indefinite duration where justified and proportionate to the security risk posed by the third-country national; in such cases, Article 9(4) shall apply;

(b)detained in accordance with Article 29(3), point (c);

(c)detained in prisons and, to the extent possible, be kept separated from ordinary prisoners;

(d)subject to detention for additional periods that exceed the maximum duration referred to in Article 30(3) and that are determined by a court or tribunal taking into account the circumstances of the individual case, and that are subject to a review by a court or tribunal at least every three months.

6.When the threat to public policy, to public security or to national security posed by third-country nationals referred to in paragraph 1, point (a), cannot be effectively addressed pursuant to this Article, Member States may provide for other measures under national law. The Member States shall ensure that, when the relevant decision is taken, the measure is necessary and proportionate having regard to the severity of that threat, or the danger posed by the person concerned.

7.Member States may rely on an existing thorough security assessment of all relevant circumstances carried out by the competent authorities at previous stages, including in the context of asylum, visa, and border control procedures, including screening.

Defined terms · 11

Show every defined term

absconding
means the action by which a third-country national does not remain available to the competent administrative or judicial authorities;
country of return
means one of the following:
decision ordering removal
means an administrative or judicial act or decision stating or declaring that a third-country national can be removed to one or more countries of return;
entry ban
means an administrative or judicial act or decision prohibiting the entry into and stay on the territory of the Member States of a third-country national;
illegal stay
means the presence, on the territory of a Member State, of a third-country national who does not fulfil, or who no longer fulfils, the entry conditions for third-country nationals as set out in Article 6 of Regulation (EU) 2016/399, or the conditions for stay or residence in that Member State, or, in the case of a Member State not bound by that Regulation, the conditions for entry, stay or residence laid down in equivalent national law;
removal
means the enforcement of a return decision or a decision ordering removal by the competent authorities through physical transportation from the Member States to a country of return;
return
means the actions by which an illegally staying third-country national:
return decision
means an administrative or judicial act or decision, stating or declaring the stay of a third-country national to be illegal and stating or imposing an obligation for that third-country national to leave the territory of the Member States;
return operation
means an operation organised or coordinated by a competent authority or supported by Frontex by which third-country nationals are returned from one or more Member States.
third-country national
means any person who is not a citizen of the Union within the meaning of Article 20 of the Treaty on the Functioning of the European Union and who is not a person enjoying the right of free movement under Union law, as defined in Article 2, point (5), of Regulation (EU) 2016/399;
voluntary return
means the departure from the territory of the Member States on his or her own, with or without assistance, and without resorting to removal, of an illegally staying third-country national complying with the obligation to leave within or after the expiry of the departure period set out in the return decision;