Chapter IV, Article 20 · Regulation (EU) 2026/2280

Contents

Article 20Availability for the return process#

1.For the purpose of preparing and ensuring an effective return or to further incentivise compliance with the obligations to leave and cooperate, Member States may impose on the third-country national one or more of the following measures:

(a)the obligation to remain within a geographical area within the Member State’s territory in which he or she is able to move freely;

(b)the obligation to reside at a specific address or place designated by the competent authorities;

(c)the obligation to report to the competent authorities at specified times, in person or by other means as specified in national law;

(d)other measures than those referred to in points (a) to (c) where provided for in national law.

2.Any measure referred to in paragraph 1 shall only be applied to the extent that it is compatible with the special needs of vulnerable persons and the best interests of the child.

3.The measures referred to in paragraph 1 may also be imposed on third-country nationals who cannot be removed, due to their lack of cooperation with the competent authorities.

4.Upon request, competent authorities may grant the third-country national permission not to comply temporarily with a measure referred to in paragraph 1.

5.The third-country national shall be informed whether or not the permission in accordance with paragraph 4 is granted.

6.The third-country national shall not be required to request permission pursuant to paragraph 4 to attend appointments with authorities and courts, where it would otherwise have violated the obligations of paragraph 1, and where the attendance of that third-country national is necessary. The third-country national shall notify the competent authorities of such appointments in advance.

7.The decisions taken in accordance with paragraph 1, points (b) and (c), shall be made in writing, be proportionate and take into account specific circumstances of the third-country national concerned.

8.The third-country national shall be informed of any decision to apply measures referred to in paragraph 1 of this Article and of the consequences of non-compliance with that decision, including detention under Article 29.