Example of the Polish Border Guard The 12th of May 2011 May Sławomir Markowski

TOPICS Border control Refusal of entry Issuing visas in airports DUBLIN II Joint Operations – Frontex Readmission and return operations Security control Cooperation with Customs Cooperation with Airlines

BORDER CONTROL Regulations:  Practical Handbook for Border Guards (Schengen Handbook)  Conwention Implementing the Agreement of Schengen  Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)  Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement  National law

BORDER CONTROL BSC – art. 7 Minimum checks – principle for people enyojing free movement Thorough checks – TCN Relaxation of border checks Refusal of entry

BORDER CONTROL For entry: Document valid for border crossing – including visa Verification of traces or forging the document Border stamps Point of departure and the destination Means of subsistence

BORDER CONTROL For exit: Document valid for border crossing Verification of traces or attempts of forging the doc Verification that the TCN is not considered to be a threat to public policy, internal security Additonally: Visa Exceeding the maximum duration of authorised stay SIS and another databases

BORDER CONTROL INFORMATICS: SIS - Schengen Information System EURODAC national databases VIS SIS II EES (Entry – Exit System) RTP – Registered Traveller Program ABC Systems

BORDER CONTROL CONWENTION 95 persons wanted for arrest for extradition 96 aliens for whom an alert has been issued for the purposes of refusing 97 missing persons or persons who, for their own protection, should be placed under police protection 98 witnesses, persons summoned to appear before the judicial authorities 99 persons shall be entered in accordance for the purposes of discreet surveillance 100 objects sought for the purposes of seizure or use as evidence in criminal proceedings

BORDER CONTROL Division for Schengen and non-Schengen lanes The airport operator takes the requisite measures to physically separate the flows of passengers on internal flights from the flows of passengers on other flights. Appropriate infrastructures shall be set in place at all international airports to that end

BORDER CONTROL Division for I and II line of control – Thorough checks, apprehensions, refusal procedures should be carried at the II line for not delaying border checks at the I line

BORDER CONTROL Relaxation of border checks: Exceptional and unforeseen circumstances Temporarity; Priority – entry than exit; Documents shall be stamped; Annual report

REFUSAL OF ENTRY not fulfilling all the entry conditions (BSC Article 5(1)) substantiated decision - precise reasons standard EU form in accordance with national law right to appeal lodging the appeal doesn’t have suspensive effect on decision

REFUSAL OF ENTRY In the airports: Responsibility of the airline (even with fine penalty) Return is on the airline Best - by the same aircraft  less costs of stay in the airport  more comfortable for traveller

REFUSAL OF ENTRY For border guard – time pressure – all necessary evidence and documents and organisational matters shall be done to departure time If there is no possibility of quick return: Decision on stay in the airport Supervising

ISSUING VISAS Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit National law Fulfilling the conditions laid down by the provisions of Article 5(1)(4) There was no opportunity to apply for a visa in advance

ISSUING VISAS Border guard has the right of issuing visas in the border crossing points: for just one entry validity shall not exceed 15 days Seamen of the same nationality – in group 5 to 50 can obtain group transit visa

ISSUING VISAS Special meaning in connection to situations on airports: Aircraft failure Bad weather on the route Other situations: Providing free movement - persons who shall enjoy it - UE MS citizens’ family members who require visa Humanitarian reasons State interest

DUBLIN II Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national EURODAC (European Dactiloscopie)

DUBLIN II Particular role of airports – hubs Additional procedures in the airport – usually:  Lack of documents – need of identyfication and issuing of provisional document  Illegal border crossing - offence  Often organised – crime

JOINT OPERATIONS Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams and amending Council Regulation (EC) No 2007/2004 as regards that mechanism and regulating the tasks and powers of guest officers

JOINT OPERATIONS

Guest officers shall have the capacity to perform all tasks and exercise all powers for border checks or border surveillance They shall wear their own uniform while performing their tasks and may carry service weapons, ammunition and equipment as authorised according to the home Member State’s national law

JOINT OPERATIONS JOINT OPERATION FOCAL POINT AIR BORDER SECTOR JOINT OPERATION HUBBLE 2011 JOINT OPERATION HAMMER 2011

READMISSION AND RETURN OPERATIONS EU has 12 agreements on readmission with third countries MS have duty to fulfill the provisions of these acts Poland has functioning readmission agreements for example with the neighboring third countries (with the exception of Belarus) Vietnam, Moldova all Balkan states, Pakistan and Georgia

READMISSION AND RETURN OPERATIONS Airports – hubs through many people return to their own countries These passengers often travel compulsorily – BG officers supervise such persons from check-in to gate

READMISSION AND RETURN OPERATIONS Return operations Effectivness - actions taken when there is many returnees to similar direction May embrace more than one MS Strong coordinating role of Frontex - including participation in cost of operation

SECURITY CONTROL Particular need of security in aviation Responsibility of the airport’s owner – commercial company Poland – Border Guard responsible for security control

SECURITY CONTROL Bomb squads Intervention groups

COOPERATION WITH CUSTOMS BG and Customs Service cooperate in combating smuggling – particularly drugs Mutual support with specialized equipment, dogs Border Guard can contract Custom Service to do body and/or luggage search

COOPERATION WITH AIRLINES Airlines are interested in early detection of people using forged document, illegal migrants etc. Check-in – „very first control line” Apprehensions after indication by the airline representative Mutual profitable help – BG provides trainings for check – in staff

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