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Carrier Sanctions

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Chapter Summary

The Directive supplementing the Convention implementing the Schengen Agreement re financial penalties on carriers transporting third-country nationals without correct documentation1 came into force on 19 August 2001 with implementation necessary by 11 February 2003. Carriers which are unable to return the third country national whose entry is refused are to find means of onward transportation immediately and to bear the costs or if immediate transportation is not possible, to bear the costs of stay and return of the third country national. Carriers sanction legislation has been controversial both from the point of view of the carriers and of those representing passengers, particularly vulnerable groups. Member States should ensure that in any proceedings brought against carriers which may result in the application of penalties, the rights of defence and the right of appeal against such decisions can be exercised effectively.

Keywords: carrier sanctions; Schengen Agreement



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