A/HRC/23/46
27.
In addition, there are two programmes on Prevention, Preparedness and
Consequence Management of Terrorism and other Security -related Risks; and on
Prevention of and Fight against Crime.
28.
The Commission has proposed to merge these six mechanisms into two: The
Asylum and Migration Fund and the Internal Security Fund. The Asylum and Migration
Fund will focus on people flows and integrated migration management, and will support
actions addressing all aspects of migration, including asylum, regular migration, integration
and the return of irregularly staying migrants.
29.
The Internal Security Fund will support the implementation of the Internal Security
Strategy and the EU approach to law enforcement cooperation, including the management
of the EU’s external borders. It will be used to finance the development and maintenance of
IT systems (“Smart Borders Package”, consisting principally of an Entry/Exit System and a
Registered Travellers’ Programme); introduction and operation of EUROSUR; reinforce
the Schengen governance; boost the operational potential of Frontex; and support the
development and implementation of relevant EU policies in the EU, as well as in and with
third countries.
10.
The Facilitation Directive
30.
Council Directive 2002/90/EC defining the facilitation of unauthorized entry, transit
and residence (the Facilitation Directive), aims “to combat the aiding of illegal immigration
both in connection with unauthorised crossing of the border in the strict sense and for the
purpose of sustaining networks which exploit human beings”. It provides that all Member
States shall adopt “appropriate sanctions” on any person who intentionally assists a person
who is not an EU national to enter, or transit across, the territory of a Member State in
breach of the laws of the State concerned; or who for financial gain, intentionally assists a
migrant to reside within the territory of a Member State in breach of the laws of the State
concerned.
11.
The Carrier Sanctions Directive
31.
Council Directive 2004/82/EC on the obligation of carriers to communicate
passenger data (the Carrier Sanctions Directive) notes that “In order to combat illegal
immigration effectively and to improve border control, it is essential that all Member States
introduce provisions laying down obligations on air carriers transporting passengers into the
territory of the Member States.” The Directive “aims at improving border controls and
combating illegal immigration by the transmission of advance passenger data by carriers to
the competent national authorities” (Art 1). Member States shall take the necessary steps to
establish an obligation for carriers to transmit at the request of the authorities responsible
for carrying out checks on persons at external borders, by the end of check-in, information
concerning the passengers they will carry to an authorized border-crossing point through
which these persons will enter the territory of a Member State (Art 3.1). Member States
shall take the necessary measures to impose dissuasive, effective and proportionate
sanctions on carriers which, as a result of fault, have not transmitted data or have
transmitted incomplete or false data (Art 4.1).
12.
The Employer Sanctions Directive
32.
Directive 2009/52/EC of the European Parliament and of the Council providing for
minimum standards on sanctions and measures against employers of illegally-staying thirdcountry nationals (the Employer Sanctions Directive) aims at strengthening cooperation
among Member States “in the fight against illegal immigration and in particular that
measures against illegal employment should be intensified”. The Directive prohibits “the
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