Developing National Capability for Integrated Border Management (IBM) in Lebanon Project Funded by the European Union Implemented by the International Centre for Migration Policy Development THE MAIN EU & INTERNATIONAL STANDARDS AND BEST PRACTICES IN BORDER MANAGEMENT Beirut, 8th August th inter-agency workshop 1

THE AIM OF THE PRESENTATION THE INTRODUCTION OF THE MOST IMPORTANT EU AND INTERNATIONAL STANDARDS AND BEST PRACTICES, RELEVANT TO THE DEVELOPMENT OF THE LEBANESE ACTION PLAN EXAMPLES OF ACTIVITIES RELEVANT FOR THE ELABORATION OF THE LEBANESE ACTION PLAN (e.g. examples of legal gap analysis) JOINT INTER-AGENCY ACTIVITIES (e.g. examples of joint risk analysis) 2

THE EU POLICY FRAMEWORK The Stockholm Programme – An Open and Secure Europe Serving and Protecting Citizens (EU Council 2010/C 115/01) – 5 year plan JHA The EU Internal Security Strategy in Action: Five steps toward a more secure Europe (EU Council 2010) (crime networks, terrorism, cybercrime, border management, crises and disasters) The EU conclusions on Integrated Border Management (2006 ) (migration policies, cooperation, IBM Strategies) The EU Action Plan on Migratory Pressure – A strategic Response (8714/1/12), 23th April 2012 (fight against illegal immigration, enhanced border control, better cooperation with third countries,…) EU Policy Cycle and its priorities in the fight against organized crime (actions to be taken in fight against crime) EU external relation policies and strategies (e.g. Eastern partnership, etc.) 3

THE MAIN EU & INTERNATIONAL STANDARDS - BORDERS THE SCHENGEN BORDERS CODE stipulates the rules concerning the movement of persons across the borders No 2010/2525 –Definition of border control, border checks, border surveillance, entry conditions, refusal of entry, basic and thorough border checks, omission of border checks, stamping passports, exchange of information) THE SCHENGEN INFORMATION SYSTEM (II) REGULATION (1987/2006) on establishment, operation and use of the second generation of SIS –Schengen information system contains information about wanted & missing persons, stolen vehicles, etc. in Europe, these data are accessible by all authorities responsible for border checks, as well as police and customs authorities and investigating authorities) THE EUROSUR REGULATION establishes the European Border Surveillance System – EUROSUR (1052/2013) – cooperation and exchange of information THE FRONTEX REGULATION establishes the European Agency for the Management of Operational Cooperation at the External Borders of EU MS (2007/2004) THE RABIT REGULATION on creation of Rapid Border Intervention Teams (836/2007) 4

THE MAIN EU & INTERNATIONAL STANDARDS – IRREGULAR MIGRATION AND RETURN THE EMPLOYER SANCTIONS DIRECTIVE defines minimum standards on sanctions and measures against employers of illegal immigrants (2009/52) (check before employment, financial sanctions, sanctions for individuals) THE RETURN DIRECTIVE provides common standards and procedures in EU MS for returning illegal immigrants + EU Council Decision 2004/573 & 2008/115 (issuing return decision for illegal immigrants, voluntary department, minors, detention, conditions for detention) THE FACILITATION DIRECTIVE defines the facilitation or unauthorised entry, transit and residence (2002/90/ EC) (adoption appropriate financial sanctions for those who intentionally assist to illegally enter or cross the EU or for financial gain assist in residing illegally ) THE CARRIER SANCTIONS DIRECTIVE defines the minimum sanctions for the carriers (in case they don’t check that third-country nationals whom they transport are in possession of the travel documents and visas) Marriages of Convenience Council Resolution on measures for combating of marriages of convenience 5

THE MAIN EU & INTERNATIONAL STANDARDS – LEGAL MIGRATION THE RESIDENCE PERMITS FORMAT REGULATION defines a uniform format for residence permit for foreigners (1030/202 & 380/2008) Integration of biometric identifiers – photograph and 2 fingerprints; stipulates also other safeguards against counterfeiting and falsification The international standards - the technical specifications for the capture of biometrics should be aligned with the ICAO standards – (International Civil Association Organisation) Residence permits are issued as a stand alone documents, etc. 6

THE MAIN EU & INTERNATIONAL STANDARDS - VISA THE VISA CODE – Regulation on establishing Community Code on Visa 810/2009)  Defines procedures and conditions of issuing different types of visas  Collection of biometric identifiers (photo of applicant and 10 fingerprints)  Fingerprints shall be taken in line with ICAO standards and in accordance with the safeguards laid down in the  Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms,  the Charter of Fundamental Rights of the European Union and in  the United Nations Convention on the Rights of the Child THE VISA INFORMATION REGULATION on establishment of Visa Information System (VIS) for the exchange of data between EU MS on short stay visas (767/2008) 7

THE MAIN EU & INTERNATIONAL STANDARDS – CUSTOMS THE CUSTOMS CODE (952/2013 ) Defines rights and obligations of persons with regard to the customs legislation Stipulates that all exchanges of information, (e.g. declarations, applications or decisions) and the storage of such information shall be made using electronic data-processing techniques Defines entry and examination of goods in the customs territory Rules on customs status, placing goods under a customs procedure, verification, release and disposal of goods The international CONVENTION on Harmonised System on Registration and Coding of Goods (WCO) The international CONVENTION on Temporary Admission of Goods (WCO – Istanbul treaty) 8

THE MAIN EU & INTERNATIONAL STANDARDS – DATA PROTECTION THE DATA PROTECTION EU AND INTERNATIONAL STANDARDS A) The COUNCIL OF EUROPE – INTERNATIONAL STANDARDS (CoE Law) B) The EUROPEAN UNION – EU STANDARDS (EU Law) What is the difference? 9

THE COUNCIL OF EUROPE DATA PROTECTION Council of Europe -formed in aftermath of the Second World War -with the aim to bring together states of Europe (not EU MS) to promote rule of law, democracy, human rights -Adopted the European Convention on Human Rights in 1950 (1953) -States have international obligation to comply with ECHR -47 member states, 29 of them EU member states -The European Court of Human Rights -Members are also Cyprus 1961, Turkey 1949, Russia The Lebanese National Parliament is eligible to request a status of "Partner for democracy" 10

THE EUROPEAN UNION DATA PROTECTION THE EUROPEAN UNION -29 EU MEMBER STATES -all 29 EU MS ratified the Convention nr. 108 of the Council of Europe -The Data Protection Directive harmonizes the EU MS legislations in the field of data protection -Restricted data flow to third countries (non signatory states) 11

THE MAIN EU & INTERNATIONAL STANDARDS – DATA PROTECTION THE LEGAL BASES A) THE COUNCIL OF EUROPE - the European Convention on Human Rights (ECHR) - Convention nr Case law of the European Court of Human Rights B)THE EUROPEAN UNION - EU treaties (primary legislation) & and data protection law (secondary legislation) (directives implemented by EU MS legal acts – The Data Protection Directive 95/46) - the Charter of Fundamental Rights of the EU (legaly binding since 2009 – right to data protection is a fundamental right in the EU - Case law of the Court of Justice of the EU 12

THE MAIN EU & INTERNATIONAL STANDARDS – DATA PROTECTION A)CONVENTION 108 OF THE COUNCIL OF EUROPE - individual’s right the individual right to know that information is stored on him on her THE ADDITIONAL PROTOCOL FOR TRANS-BORDER DATA FLOWS - provides free flow of personal data between the State Parties of the convention -domestic laws shall not restrict the export of personal data to a Contracting Party (only in specific cases) B)THE EU LAW - any restrictions or prohibitions on the free flow o data between EU MS are forbidden - trans-border flow of data for investing crimes are not subject to the provisions of the Data Protection Directive - 13

THE MAIN EU & INTERNATIONAL STANDARDS – DATA PROTECTION DATA FLOWS TO THIRD COUNTRIES Before exporting data to third countries, the sender shall provide; 1. that a legal basis exist for the data transfer to the recipient 2. that adequate data protection measures are in place at the recipient (e.g. contractual stipulations between the data-exporter and foreign data recipient) - 14

THE MAIN EU & INTERNATIONAL STANDARDS – DATA PROTECTION Special international agreements for transfer of personal data – Passengers Name Records Passengers Name Record are data collected by air carriers during the reservation process and includes names, addresses credit card details and seat numbers of air passengers Agreement between the EU and USA on the use and transfer of passenger name records to the US Department of Homeland Security (2004, 2012) provide legal basis for the disclosure of the PNR to the US authorities and establishes adequate data protection in the recipient country. 15

THE MAIN EU & INTERNATIONAL STANDARDS - ASYLUM THE DUBLIN REGULATION - establishes criteria for determining the EU MS responsible for examining an application for international protection logged in an EU MS by a third – country national (604/2013 & 343/2003) THE EURODAC REGULATION - defines comparison of asylum seekers fingerprints (603/2013 & 2725/2000) THE RECEPTION CONDITIONS DIRECTIVE - defines standards for the reception of applicant for international protection (2013/33 & 2003/9) (certain quarantines as material conditions, medical & psychological care, etc.) THE ASYLUM PROCEDURES DIRECTIVE - sets minimum standards on procedures in EU MS for granting and withdrawing refugee status ( how to apply for asylum, deadlines 6 months, legal support for unaccompanied minors) THE QUALIFICATION DIRECTIVE - stipulates qualifications for international protection and refugee status (2011/95 & 2004/95 ) – qualification for being a refugee The UN Refuge Convention 1951 – the international standard 16

THE MAIN EU & INTERNATIONAL STANDARDS – TRAFFICKING IN HUMAN BEINGS THE ANTI-TRAFFICKING DIRECTIVE – on preventing and combating trafficking in human beings and protecting its victims (2011/36) THE TRAFFICKING VICTIMS DIRECTIVE - issuing residence permits to foreign victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration who cooperate with the competent authorities (2004/81) 17

THE MAIN EU & INTERNATIONAL STANDARDS – POLICE COOPERATION THE PRUM TREATY signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany and it was firstly adopted outside of the European Union frameworkPrüm GermanyEuropean Union framework THE AIM OF THE TREATY - stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime enables the signatories to exchange data regarding DNA, fingerprints and vehicle registration data, information of concerned persons and to cooperate against terrorism.DNA fingerprintsehicle registrationterrorism contain provisions for the deployment of armed sky marshals on flights between signatory states, joint police patrols, entry of (armed) police forces into the territory of another state for the prevention of immediate danger (hot pursuit) and cooperation in case of mass events or disasterssky marshalshot pursuit In 2008 The Treaty becam e an instrument binding for all EU States ! 18

THE MAIN HANDBOOKS THE PRACTICAL HANDBOOK FOR BORDER GUARDS (Schengen Handbook) THE EU HANDBOOK ON EUROPEAN LAW RELATING TO ASYLUM, BORDERS & IMMIGRATION (EU Agency for Fundamental Rights, 2014 – new) THE EU HANDBOOK FOR PROCESSING OF VISA APPLICATIONS (European Commission, 2010) –(e.g. types of visas, visa format, applications for different types of visas, visa fees, visa application, biometric identifiers, examining of the visa applications, etc) THE HANDBOOK ON EUROPEAN DATA PROTECTION LAW 2014 – new) THE EUROSUR HANDBOOK (is being developed ) 19

THE EU BEST PRACTICES THE SCHENGEN CATALOGUE (Updated Schengen Catalogue on Borders, Readmission & Return, 2008) IDENTIFIES BEST PRACTICES AND RECOMMENDATIONS (IBM APPROACH, COOPERATION & EXCHANGE OF INFORMATION, etc.) 20

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