Criminal Justice (Smuggling of Persons) Act 2021

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PART 6

Miscellaneous

Minister may declare state to be designated state

28.The Minister may, by order made following consultation with the Minister for Foreign Affairs, declare a state, other than a state referred to in paragraphs (a) to (g) of the definition of “designated state” in section 2, to be a designated state for the purposes of paragraph (h) of that definition, where he or she is satisfied that the state has, by agreement concluded by the state with the European Union, agreed to implement and apply—

(a) Council Directive 2002/90/EC of 28 November 2002³ defining the facilitation of unauthorised entry, transit and residence and Council Framework Decision of 28 November 2002⁴ on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence, or

(b) an act or measure taken by the European Union amending or building upon the acts referred to in paragraph (a) .

³ OJ No. L328, 05.12.2002, p. 17

⁴ OJ No. L328, 05.12.2002, p. 1