Initiative of the French Republic with a view to the adoption of a Council Directive concerning the harmonisation of financial penalties imposed on carriers transporting into the territory of the Member States third-country nationals lacking the documents necessary for admission
Date: 2000-09-20
Institutions: France
Subjects: EU national, France, approximation of laws, carrier, fine, identity document

C 269/8

EN

Official Journal of the European Communities

20.9.2000

II

(Preparatory Acts)

COUNCIL

Initiative of the French Republic with a view to the adoption of a Council Directive concerning
the harmonisation of financial penalties imposed on carriers transporting into the territory of the
Member States third-country nationals lacking the documents necessary for admission

(2000/C 269/06)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 61(a) and 63(3)(b)
thereof,

(5) This Directive builds on the Schengen acquis, in accordance
with the Protocol integrating the Schengen acquis into the
framework of the European Union,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the initiative of the French Republic (1),

Article 1

Having regard to the Opinion of the European Parliament (2),

Whereas:

(1) In order to combat

it

illegal

immigration effectively,

is
essential that all the Member States introduce provisions
laying down the obligations of
transporting
foreign nationals into the territory of the Member States.
In addition, in order to ensure the full effectiveness of this
objective, the financial penalties currently provided for by
the Member States should be harmonised by establishing a
minimum amount for cases where carriers fail to meet
their obligations;

carriers

(2) It is essential that the existence of such provisions should
not prejudice the exercise of the right to asylum. With this
in mind,
it is important that Member States should not
apply the penalities which they are required to introduce
is
under
admitted to the territory for asylum purposes;

the third-country national

this Directive if

The aim of this Directive is to approximate the laws, regu-
the Member States
lations and administrative provisions of
financial penalties on
with regard to the imposition of
carriers who fail to meet their obligation to check that third-
country nationals whom they transport into the territory of the
Member States are in possession of the travel documents and,
where appropriate, the visas required by the rules applicable to
them by virtue of their nationality.

Article 2

For the purposes of this Directive the following definitions
shall apply:

(cid:145)third-country national(cid:146) means any person who is not a national
of a Member State of the European Community, Iceland or
Norway,

(cid:145)carrier(cid:146) means any air or sea carrier, as well as carriers trans-
porting groups by coach over cross-border international links,
with the exception of local border traffic.

(3) The freedom of the Member States to retain or introduce
additional obligations for carriers should not be affected;

Article 3

(4) As soon as it decides to reintroduce checks at its borders,
the
under the conditions laid down in Article 2(2) of
Convention implementing the Schengen Agreement of 14
June 1985, signed at Schengen on 19 June 1990 (3), a
Member State should be able to make the measures
adopted under
its internal
borders;

this Directive applicable at

(1) OJ C . . .
(2) OJ C . . .
(3) OJ C . . . (not yet published)

1.
If a third-country national is refused entry on crossing the
external border of one of the Member States owing to lack of
the travel documents and, where appropriate, the visas referred
to in Article 1, the carrier who brought him by air, sea or land
shall be obliged to take charge of him immediately and return
him to:

(a) the State of origin;

(b) the third State which issued the travel document with

which he travelled; or

20.9.2000

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Official Journal of the European Communities

C 269/9

(c) any other State where his admission is guaranteed.

2.
The measures referred to in paragraph 1 shall also apply
when entry is refused to a third-country national in transit if:

(a) the carrier who was to take him to his country of desti-

nation refuses to take him on board;

(b) or the authorities of the State of destination have refused
him entry and have sent him back to the State through
which he transited.

3.
If the carrier is unable to effect the return of the third-
country national in question, he shall be obliged to find means
of onward transportation immediately and to bear the cost
thereof.

if

Furthermore,
the carrier shall
possible,
national who has been refused entry.

immediate onward transportation is not
the third-country

take charge of

Article 4

law for
1. Member States shall provide in their national
financial penalties to be imposed on carriers bringing into
the Member States third-country nationals
the territory of
who are not
the travel documents and,
where appropriate, the visas required by the rules applicable
to them by virtue of their nationality.

in possession of

2.
The penalties referred to in the first paragraph must be
dissuasive. The minimum amount of such penalties shall be
EUR 2 000 for each person carried.

as immobilisation or seizure of
suspension or withdrawal of the operating licence.

the vehicle or temporary

Article 6

As soon as it decides to apply the provisions of Article 2(2) of
the Convention implementing the Schengen Agreement of 14
June 1985, signed at Schengen on 19 June 1990, a Member
State may make the measures adopted under this Directive
its internal borders to which
applicable to the crossing of
that decision applies.

Article 7

take the necessary measures to
1. Member States shall
comply with this Directive not later than . . . (*). They shall
forthwith inform the Commission thereof.

2. When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
Member States.

3. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 8

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 9

Paragraphs 1 and 2 shall not apply if the third-country

3.
national is admitted to the territory for asylum purposes.

This Directive is addressed to the Member States.

Article 5

Done at Brussels, . . .

This Directive shall not prevent Member States from adopting
or retaining, for carriers who do not comply with the obli-
gations referred to in Article 1, other measures involving more
stringent financial penalities or penalties of another kind such

For the Council

The President

. . .

(*) 18 months following the date of its adoption.