Initiative of the Italian Republic with a view to adopting a Council Decision on the organisation of joint flights for removals of third-country nationals illegally present in the territory of two or more Member States
Date: 2003-09-19
Institutions: Italy
Subjects: EU Member State, EU migration policy, air transport, foreign national, illegal migration, organisation of transport, removal

19.9.2003

EN

Official Journal of the European Union

C 223/3

II

(Preparatory Acts)

COUNCIL

Initiative of the Italian Republic with a view to adopting a Council Decision on the organisation of
joint flights for removals of third-country nationals illegally present in the territory of two or
more Member States

(2003/C 223/04)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the initiative of the Italian Republic,

Having regard to the Opinion of the European Parliament,

Whereas:

(1) The Comprehensive Plan to combat illegal immigration and
trafficking of human beings in the European Union (1),
adopted on 28 February 2002, states that readmission
and return policy is an integral and vital component of
the
the fight against
plan emphasises the necessity of highlighting a number
of practical measures,
including the establishment of a
joint approach and cooperation between Member States
with regard to the implementation of return measures.
should therefore be adopted for
Common standards
return procedures.

immigration. To that end,

illegal

(2) The plan for the management of the external borders of the
European Union, approved by the Council on 13 June
2002, provides for rational repatriation operations as one
of the measures and actions for the integrated management
of
the
European Union.

the external borders of

the Member States of

(3) The Return Action Programme, approved by the Council
on 28 November 2002, recommends — as one of the
measures and actions with regard to improved operational
cooperation among Member States — that the return of
third-country nationals illegally resident in a Member State
should be made as efficient as possible by sharing existing
capacities for such removal.

(4) Member States are to implement this Decision with due
respect for human rights and fundamental freedoms, and
in particular
the
Protection of Human Rights and Fundamental Freedoms
the United Nations Convention
of 4 November 1950,
against Torture and Other Cruel, Inhuman or Degrading
the
treatment or Punishment of 10 December 1984,

the European Convention for

for

(1) OJ C 142, 14.6.2002, p. 23.

Geneva Convention of 28 July 1951 and the New York
Protocol thereto of 31 January 1967, relating to the Status
of Refugees, the Convention on the Rights of the Child of
20 November 1989, and the Charter of Fundamental
Rights of the European Union of 18 December 2000 (2).

the

the

and

Treaty

establishing

(5) In accordance with Articles 1 and 2 of the Protocol on the
position of Denmark annexed to the Treaty on European
Union
European
Community, Denmark does not take part in the adoption
of this Decision, and is therefore not bound by it or subject
to its application. However, given that this Decision aims
to build upon the Schengen acquis under the provisions of
the Treaty establishing the
Title IV of Part Three of
in accordance with
European Community, Denmark,
Article 5 of the abovementioned Protocol,
is to decide
the Council has
within a period of 6 months after
adopted this Decision, whether it will transpose it into its
national law.

(6) As regards the Republic of Iceland and the Kingdom of
Norway, this Decision constitutes a development of the
provisions of the Schengen acquis within the meaning of
the Agreement concluded on 18 May 1999 between the
Council of the European Union and the Republic of Iceland
and the Kingdom of Norway concerning the latters'
association with the implementation, application and devel-
opment of the Schengen acquis (3), which fall within the
area referred to in Article 1, point
(c) of Council
Decision 1999/437/EC of 17 May 1999 on certain
that Agreement (4).
arrangements for the application of
As a result of the procedures laid down in the Agreement,
the rights and obligations arising from this Decision should
also apply to those two States and in relations between
those two States and the Member States of the European
Community to which this Decision is addressed.

(7) In accordance with Articles 1 and 2 of the Protocol on the
position of the United Kingdom and Ireland annexed to the
Treaty on the European Union and to the Treaty estab-
lishing the European Community,
these Member States
are not taking part in the adoption of this Decision and
therefore, without prejudice to Article 4 of that Protocol,
are not bound by it or subject to its application,

(2) OJ C 364, 18.12.2000, p. 1.
(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.

C 223/4

EN

Official Journal of the European Union

19.9.2003

HAS ADOPTED THIS DECISION:

(b) notify the national authority organising the flight whether

or not they wish to participate in the joint flight;

Article 1

Purpose

The purpose of this Decision is to rationalise operations for
removals of third-country nationals who are the subject of
taken by two or more Member States,
removal orders
through the organisation of joint flights.

Article 2

Definitions

For the purposes of this Decision:

(a) ‘third-country national’: means any person who is not a
national of a Member State of the European Union, the
Republic of Iceland or the Kingdom of Norway;

(b) ‘national authority’: means the authority in each Member
State which is
for
removals of third-country nationals who are the subject
of removal orders;

responsible for organising flights

(c) ‘joint flight’: means the transport of third-country nationals
who are the subject of removal orders in two or more
Member States, carried out by the air carrier
for the
purpose stated;

(d) ‘escort’: means the personnel of two or more Member States
responsible for accompanying third-country nationals, who
are the subject of
flight,
including persons responsible for medical care and inter-
preters.

removal orders, on a joint

Article 3

Designation of national authorities

Each Member State shall designate within its competent
national authorities an authority responsible for organising
joint flights for third-country nationals who are the subject
of removal orders from national territory.

Article 4

Organisation of joint flights

The national authorities shall adopt the measures necessary to
ensure that joint flights are conducted properly. In particular
they shall:

(a)

inform the other Member States in good time whenever
joint flights are organised, indicating the number of seats
available on board the plane used;

(c) having contacted the other national authorities, arrange a
preliminary meeting with representatives of
the partici-
pating Member States, where this is necessary for the
organisation of the joint flights;

(d) establish the organisational details, the procedures to be
third-country nationals,
removal orders, and escort
including medical staff and interpreters, to be

followed and the numbers of
who are the subject of
personnel,
carried on the joint flight;

(e)

identify the air carrier to be used for the joint operation for
the removal of the said third-country nationals;

(f) obtain the necessary authorisation for the joint flight from
the competent authorities of the third country for which
the flight is bound;

(g) establish with the selected carrier the cost of the return
operation,
indicating expenditure arising from the char-
tering of the aircraft, catering, and any additional costs,
and determine how costs are to be shared among the
Member States taking part
flight, dealing
directly with those concerned;

in the joint

(h) appoint the leader of the escort for the joint flight;

(i) ensure that the air carrier selected submits the relevant
flight plan, having obtained the necessary flyover, landing
it
and, where required,
provides assistance to the said third-country nationals and
the escort personnel on the flight throughout the entire
transport operation.

transit authorisations, and that

Article 5

Decisions on escort personnel

The national authorities

1.
information before such flights are organised:

shall obtain the

following

— whether

the

third-country national

a
criminal record, with particular reference to the type of
offence that the person has committed, if any;

concerned has

— third-country nationals' behaviour while detained in
facilities provided for under the respective national
legis-
lation before removal or otherwise during the time spent
pending adoption of
the removal orders (for example,
aggressive, rebellious or violent behaviour).

19.9.2003

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Official Journal of the European Union

C 223/5

Once the information referred to in paragraph 1 has been
2.
obtained, the national authorities shall assess the level of risk
attaching to the operation. On the basis of that assessment the
nature and number of
to be deployed shall be
the staff
determined, using personnel specially trained in advance.

In the case of any third-country nationals on board who may
seriously disrupt the flight, arrangements shall be made for an
appropriate escort service capable of dealing with violent
behaviour which could endanger the safety of the flight itself.

Article 7

Application

This Decision shall apply from the thirtieth day following that
of its publication in the Official Journal of the European Union.

Article 8

Addressees

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Article 6

Monitoring implementation

Done at . . .

Member States shall take the necessary steps to appoint their
representatives to participate in the proceedings of a special
this
committee tasked with monitoring implementation of
Decision.

For the Council

The President

. . .

Initiative of the Italian Republic with a view to adopting a Council Directive on assistance in cases
of transit through the territory of one or more Member States in the context of removal orders
taken by Member States against third-country nationals

(2003/C 223/05)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the initiative of the Italian Republic,

Having regard to the Opinion of the European Parliament,

Whereas:

(1) The Council Recommendation of 22 December 1995 on
concerted action and cooperation in carrying out removal
measures (1) and the Decision of the Executive Committee
of 21 April 1998 on cooperation between the
Contracting Parties in returning third-country nationals
(SCH/Com-ex (98) 10) (2) already address the
by air
need for cooperation between Member States in the
field of
third-country nationals.
Specific rules on the matter have been laid down in
Council Directive 2003/. . ./EC on assistance in cases of
transit for the purposes of removal by air.

removal by air of

(2) There is a need to terminate the illegal residence of third-
country nationals subject to final orders for removal from
territory, using direct and mutual-assistance
national

procedures,
Member States.

in the

field of

removal, between the

(3) It is necessary to reach agreement among the Member
States on mutual support and assistance in implementing
return and readmission measures in cases of transit by air,
sea and land in accordance with the Comprehensive Plan
to combat illegal immigration and trafficking in human
beings in the European Union, approved by the Council
on 28 February 2002, and the Plan for the management
the European Union (3)
of
approved by the Council on 13 June 2002, which were
confirmed by the Return Action Programme approved by
the Council on 28 November 2002.

external borders of

the

(4) The sovereignty of the Member States, particularly with
regard to the use of direct force against third-country
nationals resisting removal orders should remain unaf-
fected.

(5) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures
conferred on the Commission (4).

for

(1) OJ C 5, 10.1.1996, p. 3.
(2) OJ L 239, 22.9.2000, p. 193.

(3) OJ C 142, 14.6.2002, p. 23.
(4) OJ L 184, 17.7.1999, p. 23.