Brussels, 24/01/2003 (Agence Europe) - Germany suggests that its EU partners should adopt a directive in order to ensure transit from one Member State to another of expelled persons using air transport. In addition to a form for requesting assistance, the proposal describes the arrangements for transit, the reasons for refusal and the breakdown of the costs. The Member State to which the request is sent should ensure that the person expelled is accompanied within the transit airport until the connecting flight leaves and that he/she is taken in the meantime to a place under security surveillance. The public authority responsible for the operation should be trained in preventing acts of resistance on the part of third country nationals, or in stopping such acts. It should also provide emergency medial care and feed the person expelled and, where necessary, also the members of the people escorting that person. The Member State which had made the transit request should be informed of the place and time of departure of the person outside the EU and should cover the cost of health care and nourishment. The proposal speaks of third country nationals to be removed but does not explicitly restrict this to the expulsion of foreigners in an illegal situation.
The State receiving the request for transit via an airport on its territory may refuse if the person expelled runs the risk of inhumane or degrading treatment, torture or the death penalty or if that person's life or freedom is threatened because of his/her race, religion, nationality, membership of a social group or political opinions. Transit may also be refused when: a) the national of a third country is the object of criminal prosecution in the Member State receiving the request; b) transit by other States or re-entry by the State of destination cannot be guaranteed; or c) exceptionally, when assistance requested cannot be provided at a given date for organisational reasons. The proposal specifies that it should first of all be verified whether expulsion is possible by a direct flight. Furthermore, in principle, transit must not be requested if implementation of the transport measure requires a change of airport on the territory of a Member State.
The German proposal (published in the Official Journal C4 of 9 January 2003) has already been discussed in Council. It completes discussions on drafting a European return policy (EUROPE of 29 November, p.6 and 31 October, p.14). The directive will also apply to Iceland and to Norway, because of their association in the Schengen Area. Denmark, on the other hand, will have six months counting from the adoption of the directive in which to decide whether to apply it or not.