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C 174 E/220 Official Journal of the European Communities EN 19.6.


(2001/C 174 E/235) WRITTEN QUESTION P-4042/00

by Avril Doyle (PPE-DE) to the Commission

(20 December 2000)

Subject: 1999 Immigration and Asylum Act

With regard to Section 36 of the 1999 United Kingdom Immigration and Asylum Act and the fining and
detainment of road hauliers found with asylum-seekers on board their vehicles (1), could the Commission
indicate whether that Act contravenes any aspects of EU law and list any cases pending before EU courts
on this subject?

(1) 1999 Immigration and Asylum Act  The Carriers’ Liability.

Answer given by M. Vitorino on behalf of the Commission

(5 February 2001)

Part II (section 32-43) ‘Carriers’ Liability’ of the 1999 United Kingdom Immigration and Asylum Act
contains provisions for preventing and combating illegal entry of undocumented aliens.

The fight against illegal entry of undocumented aliens is an important aspect of Union policy in the field
of Justice and Home Affairs. This has been explicitly confirmed by the October 1999 Tampere European
Council which expressed its determination to tackle at its source illegal immigration, especially by
combating those who engage in trafficking in human beings and economic exploitation of migrants.

Whilst Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (1) already
addresses the issue of carriers liability at Community level, the scope of that provision is restricted to
passenger transport. Currently, Community law does not address the issue of carrier liability for transport-
ing illegal immigrants aboard lorries.

The Commission cannot see any conflict between Community law and the regulations on truckers under
the United Kingdom Immigration and Asylum Act of 1999 provided the implementation of this act does
not lead to any infringement of Community law. No cases on that issue are currently pending before the
Court of Justice or the Court of First Instance.

(1) OJ L 239, 22.9.2000; The United Kingdom has ‘opted in’ to apply Article 26 of the Convention Implementing the
Schengen Agreement (see Council Decision of 29 May 2000 concerning the request of the United Kingdom of
Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131,
1.6.2000) Article 26 has, however, not yet entered into force for the United Kingdom in accordance with Article 6
par.1 of that Decision.

(2001/C 174 E/236) WRITTEN QUESTION P-4047/00

by Reinhold Messner (Verts/ALE) to the Commission

(20 December 2000)

Subject: Renewal of the motorway concession held by the Brescia-Padua motorway company and the
building of the Valtrompia motorway

Without a public call for tenders being issued the agreement between the company holding the concession
for the Brescia-Padua motorway and ANAS, the public body which administers the road network in Italy,
was renewed for a further 9 years (until 2011).