Legal provisions of JAI(2003)13 - Initiative of Italy 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

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dossier JAI(2003)13 - Initiative of Italy with a view to adopting a Council Decision on the organisation of joint flights for removals of ...
document JAI(2003)13
date April 29, 2004

Contents

Article 1 - Purpose

The purpose of this Decision is to coordinate joint removals by air, from two or more Member States, of third-country nationals who are subjects of individual removal orders (hereinafter referred to as third-country nationals).

Article 2 - Definitions

For the purpose 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)‘organising Member State’, means a Member State, which is responsible for the organisation of joint flights;

(c)‘participating Member State’, means a Member State which participates in joint flights organised by an organising Member State;

(d)‘joint flight’, means the transport of third-country nationals carried out by an air carrier selected for that purpose;

(e)‘removal operations’ and ‘joint removals by air’, mean all the activities which are necessary to return the third-country nationals concerned, including transport on joint flights;

(f)‘escort(s)’, means the security personnel responsible for accompanying third-country nationals on a joint flight and the persons in charge of medical care and interpreters.

Article 3 - National authority

Each Member State shall appoint the national authority responsible for organising and/or participating in joint flights and communicate the relevant information to the other Member States.

Article 4 - Tasks of the organising Member State

1. Where a Member State decides to organise a joint flight for the removal of third-country nationals which is open to the participation of the other Member States, it shall inform the national authorities of those Member States.

2. The national authority of the organising Member State shall adopt the necessary measures to ensure that the joint flight is conducted properly. In particular, it shall:

(a)select the air carrier and determine with the selected air carrier all the relevant costs of the joint flight, assume the relevant contractual obligations and ensure that it takes all the measures necessary for carrying out the joint flight, including providing the appropriate assistance to the third-country nationals and to the escorts;

(b)request and receive, from the third-countries of transit and destination, the authorisations which are required for the implementation of the joint flight;

(c)make use of contacts and make the appropriate arrangements for the organisation of the joint flight with the participating Member States.

(d)define the operational details and procedures and determine, in agreement with the participating Member States, the number of the escorts which is appropriate in relation to the number of third-country nationals to be removed;

(e)conclude all the appropriate financial arrangements with the participating Member States.

Article 5 - Tasks of the participating Member State

Where it decides to participate in a joint flight, a participating Member State shall:

(a)inform the national authority of the organising Member State of its intention to participate in the joint flight, specifying the number of third-country nationals to be removed;

(b)provide a sufficient number of escorts for each third-country national to be removed. If the escorts are to be provided solely by the organising Member State, each participating Member State shall ensure the presence of at least two representatives on board. These representatives, who shall have the same status as the escorts, shall be in charge of handing over the third-country nationals for whom they are responsible to the authorities of the country of destination.

Article 6 - Common tasks

The organising Member State and each participating Member State shall:

(a)ensure that each third-country national and the escorts hold valid travel documents and any other necessary additional documents, such as entry and/or transit visas, certificates or records;

(b)inform, as soon as possible, their diplomatic and consular representations in the third-countries of transit and destination of the arrangements concerning the joint flight, in order to obtain necessary assistance.

Article 7 - Final clause

In carrying out joint removals by air, Member States shall take into account the Common Guidelines on security provisions for joint removals by air attached hereto.

Article 8 - Entry into force

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

Article 9 - Addressees

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