Regulation (EU) 2026/2280

In force

This text since 15 Oct 2026law://eu/reg/2026/2280/art_13__para_1@2026-11-14

Contents

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.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Regulation · (EU) 2026/2280
Adopted: 7 Oct 2026
In force: 15 Oct 2026
Applies from: 16 Oct 2026
Applies from: 17 Oct 2027
Made by: Council of the European Union, European Parliament
Official: EUR-Lex 32026R2280 · ELI

Topics

EU migration policy foreign national illegal migration repatriation grant residence permit return migration right of asylum third country Immigration and asylum policy Justice and home affairs

History · 1 version

15 Oct 2026Reading

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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;