Brussels, 01/08/2003 (Agence Europe) - The Italian Presidency is proposing that the EU adopt a directive on Member States assisting others in the transport of non-EU citizens being deported overland. The proposal matches a directive proposed by Germany at the end of last year on assistance in deportation by air (see EUROPE of 25 January, p.17).
The Italian proposal gives details of how the assistance would work, listing cases where Member States can refuse to allow people to cross its territory. Transit demands must be submitted at least two days before the proposed deportation date.
The Member State of transit may refuse if the further journey of the deportee is not assured, if the deportee is being sought by the criminal justice system of the country in question (if it wants to take him or her to court, in other words), or if the deportee is a danger to public order in the transit country. The transit Member State must transmit its refusal within two days, failing which the requesting Member State will be entitled to continue with the deportation.
The transit Member State must provide all necessary assistance for smooth deportation by preventing the deportee from escaping, and providing medical aid. The proposal sets out that “escorts” must not be armed and must be in mufti.
Transit and aid costs will be born by the deporting Member State, which must take the deportee back if the deportation fails. The draft text urges Member States to first check whether the person can be deported by sea or air. The proposal continually refers to possible bilateral agreements between Member States or with non-EU Member States which can supplement or override the directive.
The UK, Ireland and Denmark will not be involved in the process of adopting the Italian proposal and will not have to apply it. Denmark, however, will have 6 months from date of adoption of the decision to decide if it decides to transpose it into domestic law. Because they are part of the Schengen agreement, Norway and Iceland will have to apply the directive.