Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence
General infringement
1. Each Member State shall adopt appropriate sanctions on:
(a) 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 the laws of the State concerned on the entry or transit of aliens;
(b) any person who, for financial gain, intentionally assists a person who is not a national of a Member State to reside within the territory of a Member State in breach of the laws of the State concerned on the residence of aliens.
2. Any Member State may decide not to impose sanctions with regard to the behaviour defined in paragraph 1(a) by applying its national law and practice for cases where the aim of the behaviour is to provide humanitarian assistance to the person concerned.
Instigation, participation and attempt
Each Member State shall take the measures necessary to ensure that the sanctions referred to in Article 1 are also applicable to any person who:
(a) is the instigator of,
(b) is an accomplice in, or
(c) attempts to commit
an infringement as referred to in Article 1(1)(a) or (b).
Sanctions
Each Member State shall take the measures necessary to ensure that the infringements referred to in Articles 1 and 2 are subject to effective, proportionate and dissuasive sanctions.
Implementation
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 5 December 2004. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the main provisions of their national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted. The Commission shall inform the other Member States thereof.
Repeal
Article 27(1) of the 1990 Schengen Convention shall be repealed as from 5 December 2004. Where a Member State implements this Directive pursuant to Article 4(1) in advance of that date, the said provision shall cease to apply to that Member State from the date of implementation.
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Addressees
This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.
Done at Brussels, 28 November 2002.
For the Council
The President
B. Haarder
(1) OJ C 253, 4.9.2000, p. 1.
(2) OJ C 276, 1.10.2001, p. 244.
(3) See page 1 of this Official Journal.
(4) OJ L 176, 10.7.1999, p. 36.
(5) OJ L 176, 10.7.1999, p. 31.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
