JOINT POSITION of 25 October 1996 defined by the Council on the basis of Article K.3 (2) (a) of the Treaty on European Union, on pre-frontier assistance and training assignments (96/622/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3 (2) (a) thereof,

Whereas checks carried out on embarkation on to flights to Member States of the European Union are a useful contribution to the aim of combating unauthorized immigration by nationals of third countries, which, pursuant to Article K.1 (3) (c) of the Treaty, is regarded as a matter of common interest;

Whereas the posting to airports of departure of Member States' officers who are specialized in such checks, to assist the officers who carry out checks on departure locally on behalf of the local authorities or on behalf of the airlines, is a means of helping to improve those checks, as is also the organizing of training assignments aimed at airline staff;

Whereas these matters could be dealt with more effectively by a joint position; whereas the terms of such a position should therefore be established,

HAS DEFINED THIS JOINT POSITION:

Article 1 Assistance assignments

1. The joint organization of assistance assignments at third-country airports shall be carried out within the Council with full use being made of the possibilities for cooperation offered.

2. Assistance assignments shall have as their objective the provision of assistance to officers locally responsible for checks either on behalf of the local authorities or on behalf of the airlines.

3. Assistance assignments shall be carried out in agreement with the competent authorities of the third country concerned.

4. Assistance assignments may be of varying duration. For this purpose, a list of airports at which joint assignments could be carried out on a temporary or permanent basis shall be drawn up.

Article 2 Training assignments

1. The joint organization of training assignments for airline staff shall be carried out within the Council.

2. The purpose of joint training assignments shall be among other things to describe Member States' document and visa requirements and the methods by which the validity of documents and visas may be checked.

3. For this purpose, the following shall be drawn up:

- a list of airports at which joint training assignments could be carried out,

- a six-monthly programme of joint training assignments,

- a collection of information of use to airlines,

- a collection of travel documents and visas of use to airlines.

4. Assignments shall be carried out in agreement with the competent authorities and the airlines concerned.

Article 3 Common provisions

1. Joint assistance or training assignments shall be carried out by specialist officers designated by the Member States and forming part of a joint assignment.

2. Member States shall inform each other if they wish to participate in an assignment covered by this joint action.

3. In so far as the costs incurred by the officers designated by a Member State are not borne by the third country and/or airline concerned, such costs shall be borne by the Member State concerned.

4. The embassies of the Member States present in the country in which the assignment is carried out shall be informed by the Presidency of the Council in time to enable them to lend any assistance.

5. The Member States shall inform each other within the Council of any assistance or training measures which they conduct outside the framework of this joint position.

6. Each year the General Secretariat of the Council shall draw up a report on the activities carried out under this joint position.

7. Subject to the necessary adjustments, the assignments provided for in this joint position may also be carried out at sea ports.

8. The Member States shall take all necessary steps to implement this joint position without prejudice to any cooperation organized bilaterally or in the framework of other organizations; in this context there shall be the widest possible coordination between the Member States.

Article 4

This joint position shall be published in the Official Journal.

Done at Luxembourg, 25 October 1996.

For the Council

The President

E. KENNY