THE MINISTER
Minister of Economic Affairs, Employment, Transport and
Technology Mr. Reinhard Meyer
Date
Our ref.
22. december 2015
2015-7367
Ministry of Transport and Building
Frederiksholms Kanal 27 F
DK-1220 Copenhagen K
Phone
+45 41 71 27 00
Dear Mr. Reinhard Meyer,
On 11 December 2015, the Danish Parliament adopted a bill under which the
Danish Integration Minister may decide on the imposition of the so-called
transporter’s liability in connection with temporary border control at inner
Schengen borders. The transporter’s liability implies an obligation
for transport
operators, before arriving in Denmark, to carry out checks in order to verify
that passengers hold valid identification and legal travel documents and visa to
Denmark.
The Danish law has been adopted in light of the current situation with unprec-
edented migration pressure as well as a very significant number of asylum
seekers. Furthermore, it is seen as a necessary reaction to the Swedish Gov-
ernment’s bill introducing an obligation for companies transporting passengers
to carry out identification checks of passengers prior to entering into Sweden.
The Swedish Government has announced that the scheme will enter into effect
as of 4 January 2016. Please note that the Danish Government will not auto-
matically decide on the imposition of transporter’s liability, if Sweden should
decide to do so.
It is of importance to the Danish Government that a possible Danish decision
on the imposition of transporter’s liability can be handled by companies trans-
porting passengers. As the check of passengers is to be carried out on German
territory, this relies on the cooperation with relevant German parties.
In relation to trains between Flensburg and Padborg, the checks depend on the
cooperation between DB and DSB. To ensure the practical implementation of
the transporters’ liability, I have contacted Mr. Alexander Dobrindt, with the
purpose of initiating a political dialogue
concerning the practical implementa-
tion of the possible transporter’s liability assigned to DSB.
As to the trains operated by Arriva between Niebüll and Tønder (by the subcon-
tractor Norddeutscher Eisenbahngesellschaft Niebüll GmbH), my ministry has
initiated a dialogue with both Arriva and NAH, the responsible train traffic
authority in Schleswig-Holstein, in order to sort out how to handle possible
future checks on passengers.