SWD(2017)0117

SWD(2017)0120

PURPOSE : to define the facilitation of unauthorised entry, transit and residence.

COMMUNITY MEASURE : Council Directive 2002/90/EC.

CONTENT : the Council adopted a Directive defining the facilitation of unauthorised entry, transit and residence and a Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry transit and residence (refer to CNS/2000/0821).

The purpose of the Directive is to provide a definition of the facilitation of illegal immigration and consequently to render more effective the implementation of framework Decision 2002/946/JHA in order to prevent that offence. The Directive as well as the Framework Decision supplement other instruments adopted in order to combat illegal immigration, illegal employment, trafficking in human beings and the sexual exploitation of children.

As regards the general infringements, the Directive stipulates that each Member State shall adopt appropriate sanctions on:

a) any person who intentionally assists a person who is not a national of a Member State to enter, or transit across, the territory of a Member State in breach of the laws of the State concerned on the entry or transit of aliens;

b) any person who, for financial gain, intentionally assists a person who is not a national of a Member State to reside within the territory of a Member State in breach of the laws of the State concerned on the residence of aliens.

Any Member State may decide not to impose sanctions with regard to the behaviour defined above by applying its national law and practice for cases where the aim of the behaviour is to provide humanitarian assistance to the person concerned.

Concerning instigation, participation and attempt, each Member State shall take the measures necessary to ensure that the sanctions referred to above are also applicable to any person who:

a) is the instigator of,

b) is an accomplice in, or

c) attempts to commit an infringement.

ENTRY INTO FORCE : 5 December 2002.

DATE OF TRANSPOSITION : 5 December 2004.

Directive 2002/90
OJ L 328 05.12.2002, p. 0017-0018

2337

By 242 votes against 203 and by 31 abstentions Parliament rejected the entire text of the French initiative on defining what constitutes 'aiding' of unauthorised entry, movement and residence. After all amendments by the Committee on Citizens' Freedoms and Rights had been approved with two other amendments by the ELDR group, a majority of MEPs for differing reasons decided to reject the entire text even as modified by the amendments. It proceeded to send the rejection of the French initiative on to Council by 447 votes in favour, 14 against and 16 abstentions. To recall, the report by Mr Ozan CEYHUN (Greens/ALE, D) specifies the implementation of a common immigration and asylum policy covering family reunion, the right of residence and and an integration policy, as well as the combating of illegal immigration. It states that it is particularly important to lay the foundations of a common immigration and asylum policy, to establish a common asylum procedure and, in addition, to improve the legla status of refugees. It is also important to strengthen institutional cooperation between the Member States in this context. Furthermore, the report requests that the draft initiative should primarily aim to combat organised trafficking of illegal immigrants and should neither affect the rights of aliens to seek asylum in the European Union nor imply the automatic criminalisation of unauthorised entry. The report also specifies that it is necessary to involve the candidate countries in implementing common measures defined by the Union in this field. It requests in particular the creation of a budget line for compensatory payments for Member States particularly affected by illegal immigration because of their geographical situation and other characteristics. In addition, it also calls on Member States not to prosecute individuals, organisations and associations whose aims include defending, protecting and promoting aliens who are not nationals of a Member State when they act within the framework of this directive and out of humanitarian reasons. Lastly, by 411 votes in favour and 26 against with 30 abstentions Parliament then decided to send the rejection on to Council. The Council is not obliged to follow Parliament's view and is free to adopt both initiatives.

T5-0087/2001
OJ C 276 01.10.2001, p. 0244-0158

By 242 votes against 203 and by 31 abstentions Parliament rejected the entire text of the French initiative on defining what constitutes 'aiding' of unauthorised entry, movement and residence. After all amendments by the Committee on Citizens' Freedoms and Rights had been approved with two other amendments by the ELDR group, a majority of MEPs for differing reasons decided to reject the entire text even as modified by the amendments. It proceeded to send the rejection of the French initiative on to Council by 447 votes in favour, 14 against and 16 abstentions. To recall, the report by Mr Ozan CEYHUN (Greens/ALE, D) specifies the implementation of a common immigration and asylum policy covering family reunion, the right of residence and and an integration policy, as well as the combating of illegal immigration. It states that it is particularly important to lay the foundations of a common immigration and asylum policy, to establish a common asylum procedure and, in addition, to improve the legla status of refugees. It is also important to strengthen institutional cooperation between the Member States in this context. Furthermore, the report requests that the draft initiative should primarily aim to combat organised trafficking of illegal immigrants and should neither affect the rights of aliens to seek asylum in the European Union nor imply the automatic criminalisation of unauthorised entry. The report also specifies that it is necessary to involve the candidate countries in implementing common measures defined by the Union in this field. It requests in particular the creation of a budget line for compensatory payments for Member States particularly affected by illegal immigration because of their geographical situation and other characteristics. In addition, it also calls on Member States not to prosecute individuals, organisations and associations whose aims include defending, protecting and promoting aliens who are not nationals of a Member State when they act within the framework of this directive and out of humanitarian reasons. Lastly, by 411 votes in favour and 26 against with 30 abstentions Parliament then decided to send the rejection on to Council. The Council is not obliged to follow Parliament's view and is free to adopt both initiatives.

T5-0087/2001

Debate in Parliament

A5-0315/2000
OJ C 223 08.08.2001, p. 0005

A5-0315/2000

10675/2000
OJ C 253 04.09.2000, p. 0001

10675/2000

10711/2000