S.L. 460.14 Art. 5Assistance to be granted by the Principal Immigration Officer. Cap. 217.

(1) When a transit through Malta for the purposes of removal by air from another Member State has been agreed to, the

Principal Immigration Officer shall meet the third-country national at the aircraft and escort him within the transit area of the airport so as to ensure that he boards the connecting flight.

(2) The Principal Immigration Officer shall be responsible for receiving, keeping and forwarding the necessary travel documents of the third-country national being removed particularly in the case of unescorted removals.

(3) The Principal Immigration Officer shall ensure that the necessary sustenance and, where necessary, emergency medical care, is provided to the third-country national and, if necessary, his escort.

(4) In the case of an unescorted transit, the Principal Immigration Officer shall inform the requesting Member State of the place and time of departure of the third-country national from Malta and inform the said State if any serious incidents took place during the transit of the third-country national.

(5) The Principal Immigration Officer may, in accordance with the provisions of the Immigration Act:

(a) place and accommodate the third-country national in a secure facility; and

(b) use legitimate means to prevent or end any attempt by the third-country national to resist the transit.

(6) Without prejudice to article 6, the Principal Immigration Officer may, in cases where the completion of the transit operations cannot be ensured despite the assistance provided by the requesting Member State, upon the request by and in consultation with the requesting Member State, take all the necessary assistance measures to continue the transit operation.

(7) When the requesting Member State is obliged to re-admit the third-country national due to the fact that the transit by air was refused or revoked by the Principal Immigration Officer, or that the third-country national entered Malta without authorization during the transit the removal of the third-country national to another transit country or to the country of destination, or that boarding of the connecting flight was unsuccessful or that the transit by air is not possible for another reason, the Principal Immigration Officer shall assist with the readmission of the third-country national to the requesting Member State and the latter shall bear the costs incurred in returning the third-country national.

Part III

Rules applicable when Malta makes a request for transit