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Subject: Cross-border taxi journeys
Jörg Ridder, a taxi driver from Flensburg, has been on remand in Aabenraa (Denmark) since 3 January 2008. He was arrested just over the border because his three passengers from Afghanistan, who wanted to go to Copenhagen, did not have any proof of identity. He is accused of having acted as a people smuggler because apparently he did not ask for any identification. According to information provided by spokesmen from the taxi business, it is not common practice to ask to see identity documents for cross-border trips. Both German and Danish taxi drivers reject the idea of checking certain individuals because of their appearance, as they consider it discriminatory.
Is the Commission aware of this case? If so, what is its view of it?
Does the Commission consider identity checks by taxi drivers for all cross-border journeys within the EU to be compatible with the principle of the freedom of movement?
Does the Commission think special identity checks for non-European looking taxi passengers conform to the EU’s rules on antidiscrimination?
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The answer.
Parliamentary questions
18 April 2008
E-0350/08 E-0480/08
Joint answer given by Mr Barrot on behalf of the Commission
Written questions : E-0350/08 , E-0480/08
The fight against illegal immigration is an essential and necessary component of the EU´s comprehensive migration policy. Council Directive 2002/90/EC(1) of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence aims to combat the aiding of illegal immigration both in connection with unauthorised crossing of the borders and for the purpose of sustaining networks which exploit human beings. According to Article 1 of this directive, Member States(2) ‘shall adopt appropriate sanctions on 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 laws of the state concerned on the entry or transit of aliens’.
Taxi drivers who transport undocumented third-country nationals within the territory of Member States may be covered by these provisions if they intentionally assist a third‑country national 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. It is up to the competent national judicial bodies to assess the circumstances of the individual case taking into account relevant legislation of the Member State that implements the directive 2002/90/EC and the corresponding Council Framework Decision of 28 November 2002(3) on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence. Consequently, the Commission is not in a position to judge in how far the concrete cases described by the Honourable Members fall under the scope of these provisions.
In this context it is important to emphasise that Member States cannot impose an obligation on taxi drivers and/or private drivers to verify travel documents for the sole reason of crossing the internal border with their passenger(s). Taxi drivers and/or private drivers who want to be sure that they are not involved in a breach of immigration rules are of course free to refuse transportation or to ask their passengers for documents whenever they consider this necessary. However, a refusal of transportation or document checks that are solely based on the colour, race or ethnic origin of a person would constitute discrimination incompatible with fundamental rights, which form part of the general principles of Community law.(4)
As far as the alleged mistreatment of taxi drivers by national police authorities is concerned, the Commission recalls that the alleged victims could seek a redress at national level through the competent authorities, including the internal police inspectorate and the national courts.
(1) OJ L 328, 5.12.2002.
(2) Denmark has in accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on the European Union and the Treaty establishing the European Community not taken part in the adoption of this directive. Nevertheless, in accordance with these provisions, Denmark has decided to implement the provisions of this directive in its national law.
(3) OJ L 328, 5.12.2002.
(4) Council Directive 2000/43/EC of 29 June 2000 (OJ L 180 of 19.7.2000) implementing the principle of equal treatment between persons irrespective of racial or ethnic origin is not applicable to such cases as, according to its Article 3 (2), it does not cover difference of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third-country nationals and stateless persons on the territory of Member States, and to any treatment which arises from the legal status of the third-country nationals and stateless persons concerned.
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