WRITTEN QUESTION E-1594/02 by Glyn Ford (PSE) to the Commission. Carriers liability.
Date: 2002-06-05
Institutions: European Parliament, Provisional data
Subjects: EU migration policy, liability, migration control, private means of transport, taxi, transport company, transport staff

C 242 E/4

Official Journal of the European Union

EN

9.10.2003

Since the Commission considers that ‘it is possible for Member States to adopt carriers’ liability laws and to
respect, at the same time, the obligations to which they subscribed under the 1951 Geneva Convention’,
and in many but not all countries applying such legislation a carrier is exempt from paying a fine if a
claim for protection lodged by an insufficiently-documented traveller is considered admissible, does the
Commission consider it reasonable to require an airline check-in staff member, who normally has no more
than five minutes to examine travel documents, to decide whether a would-be passenger is a bona fide
asylum-seeker, a task which even the most rapid, efficient, competent and well-trained officials of any
Member State are very often unable to do within two days?

(1) OJ C 301 E, 5.12.2002, p. 45.

(2003/C 242 E/008)

WRITTEN QUESTION E-1593/02

by Glyn Ford (PSE) to the Commission

(5 June 2002)

Subject: Carriers’ liability

Further to my questions on carriers’ liability (E-0488/02 (cid:1) 0493/02) (1) and the Commission’s reply of
4 April 2002, could the Commission comment on the following point:

Is the Commission aware that in many airports around the world the task of checking in passengers is
often done by the personnel of the country’s national airline and not by the staff of the airline which is
sanctioned if it carries insufficiently-documented passengers?

(1) OJ C 301 E, 5.12.2002, p. 45.

(2003/C 242 E/009)

WRITTEN QUESTION E-1594/02

by Glyn Ford (PSE) to the Commission

(5 June 2002)

Subject: Carriers liability

Further to my questions on carriers’ liability (E-0488/02 (cid:1) 0493/02) (1) and the Commission’s reply of
4 April 2002, could the Commission comment on the following point:

If carriers’ liability is indeed to be extended to taxi drivers and owners of private vehicles in regions close
to EU external borders, should not all transport firms, again for the sake of avoiding double standards, also
be fined if irregular migrants are found on board their vehicles, including private or state-owned inter-city
buses?

(1) OJ C 301 E, 5.12.2002, p. 45.

Joint answer
to Written Questions E-1587/02, E-1588/02,
E-1589/02, E-1590/02, E-1591/02, E-1592/02, E-1593/02 and E-1594/02
given by Mr Vitorino on behalf of the Commission

(9 July 2002)

All eight questions posed by the Honourable Member relate directly to the issue of carriers’ liability and
should therefore be answered jointly.

9.10.2003

EN

Official Journal of the European Union

C 242 E/5

On the general issues raised by the Honourable Member:

It should be recalled that the Commission has given an exhaustive overview of its position and activities
concerning carriers’ liability in its written answer of 4 April 2002 to six written questions (E-488/02 to
E-493/02 (1) submitted by the Honourable Member. Reference is made to the content of this answer.

On the additional detailed points raised by the Honourable Member:

(cid:1) Question E-1587/02: in the currently ongoing trilateral experts’ meetings, which are being organised
by the Commission as a direct follow-up to the Round Table on Carriers’ Liability of 30 November
2001, the Commission aims to facilitate an open and constructive dialogue of all interested parties on
specific issues related to carriers’
liability. The question raised by the Honourable Member will
undoubtedly be subject to discussion in these experts’ meetings. The Commission notes that there are
diverging interpretations and opinions on the relationship between the 1951 Geneva Convention
provisions and the issue of means of access to other states’ territories by persons who seek to leave
their own country for asylum related reasons. This divergence has not yet been solved at international
level.

(cid:1) Question E-1588/02: as already stressed in its above-mentioned answer, the Commission feels it is
necessary to find a balance between the legitimate aim of preventing and fighting illegal immigration
and the need to avoid excessive burdens on industry. The very specific issue raised by the Honourable
Member will undoubtedly be subject to discussion in the experts’ meetings mentioned above.

(cid:1) Question E-1589/02: the Commission has taken note of the judgement delivered by the British High
Court on 5 December 2001 in the case Roth International GmbH et al. v Home Office. The
Commission notes that this judgement is still under appeal.

(cid:1) Question E-1590/02: contrary to what

the Honourable Member suggests in his question,

the
Commission has never called for ‘fully harmonised carriers’ liability legislation applied to all means of
transport’. In the above-mentioned answer of 4 April 2002, the Commission stated that, for the
moment, the issue of carriers’ liability is not yet fully harmonised at European level and concluded that
it is necessary to reflect on possible ways forward at European level. The ground for this reflection
process is currently being laid within the above-mentioned round table process on carriers’ liability
and the Commission does not consider it appropriate to express concrete and detailed views at the
present time on how possible future European legislation might look.

(cid:1) Question E-1591/02: the Commission takes note of the clarification provided by the Honourable

Member.

(cid:1) Question E-1592/02: the issue raised by the Honourable Member will undoubtedly be subject to

discussion in the experts’ meetings mentioned above.

(cid:1) Question E-1593/02: the Commission is aware of the fact raised by the Honourable Member.

(cid:1) Question E-1594/02: the Commission does not consider it appropriate to express at the present time

concrete and detailed views on how possible future European legislation might look.

(1) OJ C 301 E, 5.12.2002, p. 45.

(2003/C 242 E/010)

WRITTEN QUESTION P-2117/02

by Gary Titley (PSE) to the Commission

(10 July 2002)

Subject: Human rights in Hungary

Hungary is a front runner in accession negotiations to join the EU in 2004. However, it has only partially
complied with the Copenhagen criteria laid down in 1993, which call on potential Member States of the
EU to have a fully functioning market economy and to respect democracy and human rights.