Administrative fines of 200EUR at the external border
The Immigration law of 15.12.1980 determines that in the following circumstances an administrative fine of 200EUR can be imposed by the Belgian Immigration Office at the external border:
Obligation described in Article 4bis: Each Extra-Schengen travel must take place via an authorised border crossing point during the fixed opening hours indicated by these border crossing points. This concerns both the entries and the exits of the Schengen area.
The collection of these fines is described in Article 4bis §3-6, as well as the possibilities of lodging an appeal against the decision. Both procedures are also described in the individualised decision that is notified to the person concerned or to the carrier.
For example: When departing on a private flight from Deurne Airport with destination London, all passengers and crew are required to report in person to the Belgian Federal Police in Deurne Airport to undergo the compulsory Schengen exit control. If this does not take place, a fine of EUR 200 can be imposed.
Obligation described in article 41: If an EU Citizen is not in possession of a valid national identity card or a valid national passport, or if the family member of the Union citizen, who is not a Union citizen, is not in possession of a valid national passport which, where applicable, is provided with a valid entry visa in accordance with the EU Regulation 2018/1806, the Minister or his/her authorised representative may impose an administrative fine of EUR 200 on him/her. This fine shall be collected in accordance with Article 42octies.
The procedure for the collection of these fines is described in Article 42 octies, as well as the possibilities of lodging an appeal against the decision. Both procedures are also described in the individualised decision that is notified to the person concerned.
For example: An EU citizen presents himself at the Extra-Schengen border control with:
- an expired passport from the EU Member State X and
- a valid Belgian residence card of the type “EU+”
The person concerned is not in possession of a valid identity card of EU Member State X. In this case, the obligation described in Article 41§4 is not fulfilled and a fine of EUR 200 can be imposed.