Background:

The issue of carriers’ liability is regulated by Article 26 of the Convention Implementing the Schengen Agreement, in conjunction with Directive 2001/51. These EU and Schengen legal instruments require Member States to adopt national rules obliging carriers transporting travellers by air, sea, or land to the Schengen area to ensure that third-country nationals are in possession of the travel documents required for entry into Schengen States.

Carriers are required to take responsibility for returning passengers refused entry, and penalties must be imposed on carriers that transport third-country nationals without the necessary travel documents. The European Commission considers carriers’ liability an important tool in preventing irregular migration and migrant smuggling.

To gather background information for the 2nd International Conference on a Global Alliance to Counter Migrant Smuggling on 10 December 2025, the European Commission launched three ad hoc queries on the application of EU rules on carriers’ liability. Each query focuses on a distinct aspect of this liability: the framework of sanctions and penalties; responsibility for costs; and cooperation with carriers and control/supervision.

Respondents:

Of the 22 responding EMN Member Countries, 19 provided public answers to these ad hoc queries (only 18 for the last query).

Findings:

A preliminary analysis of the results of the ad hoc query on the framework of sanctions and penalties regarding carriers’ liability shows, inter alia, that:

• Sanctions are overwhelmingly concentrated on air travel. For example, BE reported that a very large majority of its annual fines are air-border related.
   
• The amount of the fine varies considerably between responding EMN Member Countries. For instance, in BE, minimum fines can start at around €2,000 (for carriers that have a protocol with the Immigration Office), and the exact amount also depends on the number of incorrectly documented inadmissible passengers (INADs) the carrier had that month. ES reported that very serious infringements can incur penalties of up to €100,000.
   
• A significant gap exists between the number of passengers refused entry and the number of fines issued. Fines are generally applied only for missing passports or visas; refusals based on security alerts (SIS), unclear travel purposes, or asylum applications often do not legally permit a fine to be imposed on the carrier.

Please find below some key findings of the ad hoc query on carriers’ liability regarding responsibility for costs:

• Carriers are systematically held responsible for the physical return of inadmissible passengers. For example, DE compelled carriers to transport back 1.606 cases in 2023 and 1.319 in 2024. Not all respondents were able to provide data on this matter.
   
• BE successfully recovered € 688.517,21 from carriers in 2024 to cover the cost of stay of insufficiently documented passengers (€ 240 per day / per person).
   
• AT, DE and IT reported that if the carrier cannot return the inadmissible passenger within a set period of time, the transport may be carried out (at the expense of this carrier) by another carrier.

The third ad hoc query focused on cooperation with carriers and control or supervision. Below are some key findings:

• All respondents collect Advance Passenger Information (API) and Passenger Name Record (PNR) data from air carriers electronically. CZ and SK reported that they are upgrading or planning to upgrade their systems.
   
• Only four respondents (BE, DE, NL and PL) indicated having established protocols, agreements or memoranda of understanding with carriers to ensure compliance with carriers’ liability obligations. For instance, Belgian national law provides for the possibility of concluding a Protocol Agreement between the Immigration Office and a carrier. Through this protocol, the carrier declares its willingness to comply quickly and decisively with all legal obligations, for example, in terms of boarding control, the cooperation in the removal of INADs (inadmissible passengers) and ANADs (Accompanied INADs) and the payment of the fines/costs of stay.

For further details, please read the compilation of answers to the three ad hoc queries attached above.