Legal provisions of COM(2003)49 - Criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Council Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals

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dossier COM(2003)49 - Criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of ...
document COM(2003)49 EN
date February 23, 2004


Contents

Article 1

This Decision sets out appropriate criteria and practical arrangements for the compensation of the financial imbalances which may result from the application of Directive 2001/40/EC where expulsion cannot be effected at the expense of the national(s) of the third country concerned.

Article 2

1. The issuing Member State shall compensate the enforcing Member State for financial imbalances, which may result from the application of Directive 2001/40/EC where expulsion cannot be effected at the expense of the national(s) of the third country concerned.

The enforcing Member State shall provide the issuing Member State with general information about the indicative costs of the removal operations.

2. The reimbursement shall take place at the request of the enforcing Member State on the basis of the minimum actual costs and on the basis of the following principles:

(a) transport costs. These include the actual costs for flight tickets up to the amount of the official IATA tariff for the respective flight at the time of enforcement. The actual costs for land or maritime transport by car, train or boat can be claimed on the basis of a second class train or boat ticket for the respective distance at the time of enforcement;

(b) administrative costs. These include the actual costs for visa fees and the fees for the issuing of return travel documents (laissez-passer);

(c) mission allowances per diem for the escorts. These are to be determined in accordance with the applicable national legislation and/or practice;

(d) accommodation costs for the escorts. These include actual costs for these persons' stay in a transit area of a third country and for their strictly necessary short stay for the implementation of their mission in the country of origin. For the purpose of reimbursement, the number of escorts shall not exceed two persons per returnee, unless, on the basis of the assessment of the enforcing Member State and in agreement with the issuing Member State, more escorts are required;

(e) accommodation costs for the returnee. These include the actual costs for the returnee's stay in an appropriate facility in accordance with the applicable national legislation and/or practice of the enforcing Member State. A maximum period of three months of stay shall be reimbursed. Where the returnee's stay is expected to last longer than three months, the enforcing Member State and the issuing Member State shall agree to the additional costs;

(f) medical costs. These include the actual costs for the provision of medical treatment to the returnee and the escorts in emergency cases, including necessary hospitalisation expenses.

Where necessary, the enforcing Member State shall consult the issuing Member State and agree on costs exceeding those set out in this paragraph or on additional costs.

Article 3

1. Reimbursement requests shall be made in writing and shall be accompanied by documentary proof of the recoverable costs.

2. Requests for reimbursement can only be made for expulsion decisions, which are issued after this Decision takes effect.

Reimbursement cannot be claimed for the enforcement of expulsion decisions, issued more than four years prior to their enforcement.

3. Requests for reimbursement submitted more than one year after the enforcement has taken place may be rejected.

4. Each Member State shall establish a national contact point for the implementation of this Decision and communicate the relevant data to the other Member States.

Any request for reimbursement shall be sent by the national contact point of the enforcing Member State to the national contact point of the issuing Member State, which shall inform the national contact point of the enforcing Member State of the receipt of the request.

5. Within a maximum of three months the national contact point of the issuing Member State shall communicate to the national contact point of the enforcing Member State the acceptance or the refusal of the request. Such a communication shall be in writing, stating the reasons in case of refusal.

6. Payments shall be made within a maximum of three months from the acceptance of the payment by the national contact point of the issuing Member State.

7. The national contact points of the enforcing Member State and of the issuing Member State shall be informed of payments and of refusals to reimburse.

Article 4

1. In order to monitor the smooth implementation of this Decision as well as of the Directive 2001/40/EC, each national contact point shall regularly provide information concerning in particular: the total number of enforcement measures taken under Directive 2001/40/EC which were reimbursed in accordance to this Decision and the total number of refusals to reimburse together with the reasons for such refusals.

2. Such information may also include recommendations with a view to improving the criteria and practical arrangements of this Decision.

Article 5

This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

Article 6

This Decision is addressed to the Member States.