1. Imposition of an administrative fine in breach of the provisions mentioned in the Article 4(1)-(2)-(3) of the Law 146(I)/2007 - transportation of a TCN without holding a valid passport or entry visa
1.1. Based on the above Article the carriers have the obligations:
1.1.1. To take all the necessary measures to ensure that each TCN who shall be transported to or transit through the Republic possesses valid travel documents or entry visa when boarding on a ship or plane for the trip towards the Republic as per the Aliens and Immigration Law or the EU Law.
1.1.2. The carrier, which has transferred a TCN at the external borders of the Republic, is obliged to return the TCN at the third country from which he departed, at the third country, which issued his passport with which he travelled, or to any other third country which allows his entry, in the case where the Director:
126.96.36.199. Refuses entry in the Republic, because the TCN did not possess the necessary travel documents or entry visa, or
188.8.131.52. Refuses entry at a transit TCN and the carrier which was to take him to his country of destination refuses to take him on board, or the authorities of the State of destination have refused him entry and have sent him back to the member-state through which he transited.
1.2. When a carrier is unable to effect the return of a TCN whose entry is refused, the carrier should find means of onward transportation immediately and to bear the cost thereof or if immediate onward transportation is not possible to assume responsibility for the costs of the stay and return of the TCN in question. The costs of stay, including the costs of detainment and nurture, are defined by the Chief of Police after consultation with the Carrier.
1.3. In accordance to Article 5 of the Law, for any breach of the article of the Article 4(1)-(2)-(3) of the Law the migration officer imposes an administrative fine of 2947€ per passenger.
2. Imposition of an administrative fine in breach of the provisions mentioned in the Article 4(4)-(5) of the Law 146(I)/2007 - transmission of passengers’ data
2.1. Based on the provisions of the above Article the carriers have the following obligations:
2.1.1. During the passport check, they should collect and record, in an electronic form and information defined by the Law of the passengers that shall be transported at the entry point of the Republic.
2.1.2. After the completion of the tickets’ check, and upon the demand of the migration officer at the entry point of the Republic, the carriers should transmit the data electronically to the migration officer for check. In case of a malfunction the data should be transmitted with any other appropriate method.
2.2. The Law applies for all passengers transported at the entry point of the Republic regardless of their nationality. Also, the aforementioned obligations concern all flights arriving from a third country regardless of the fact whether the airlines are registered at the EU or a third country.
2.3. Based on Article 5 of the Law, for any breach of the Article 4(4)-(5) of the Law the migration officer imposes an administrative fine of 4973€ for each trip in case the data are not transmitted or have transmitted incomplete or false data.
3. General Information
3.1. According to Articles 5, 7 and 11 of the Law an imposed or validated administrative fine should be paid within fifteen (15) days from the date of the receipt of the notification of its the imposition or thirty (30) days from the date of the receipt of its validation, in case a written objection has been submitted to the Director.
3.2. Based on Article 8 of the Law in the case an administrative fine is not paid, it is considered as a civil debt payable towards the Republic.