Carriers transporting third-country nationals by air, sea, or land to the Schengen area are required to take all necessary measures to ensure that these individuals hold the travel documents needed for entry into the Schengen States. The European Commission has launched three ad hoc queries, each focusing on a specific aspect of carriers’ liability: the framework of sanctions and penalties; responsibility for costs; and cooperation with carriers and control/supervision.

During the Justice and Home Affairs Council on 13 December 2024, Member States agreed on a proposal aimed at bringing their criminal law closer together on issues such as the definition and sanctioning of migrant smuggling. The text will now be used by the Council in “trilogue” negotiations with the European Parliament.