Brussels, 04/02/2003 (Agence Europe) - The European Commission proposed that the Member State that asks one of its EU partners to undertake the expulsion of a third country national decided by itself, must shoulder the costs. On Monday it adopted, through written procedure, a draft Council decision defining the criteria and practical methods for compensation following the financial imbalance resulting from the implementation of Directive 2001/40/EC on the mutual recognition of decisions for the distancing of third country nationals. This Directive, from May 2001, concerns both persons that represent a serious threat to security and persons in an illegal situation.
According to this proposal, the Member State that decides in favour of the expulsion of a person or persons who find themselves on the territory of another Member State compensates any financial imbalance suffered by the Member State executing the order in the light of the Directive's implementation (…) when deportation cannot be undertaken at the costs of the third country national or nationals concerned. The reimbursement takes place on the basis of true costs. The minimum reimbursable costs are the cost of plane or train tickets, administrative costs (visas and laisser-passers for their return), and lodging. The Member States may always decide in favour of more significant reimbursements.
Each Member State will nominate a national contact point responsible for implementing this decision and for informing the Commission (total number of forced expulsions undertaken by the Member State, number of expulsion decisions susceptible of being recognised and enforced in another Member States). This decision will only be valid for the expulsion decisions taken after its entry into force.
According to Directive 2001/40, the Council should have approved this decision on the division of costs before 2 December 2002, on the basis of a Commission proposal.
This Directive should be supported and complemented by other texts relating to a European policy for the return of illegal immigrants (see EUROPE of 22 January, p. 16 and 29 November 2002, p. 6).