Workshop on Implementation of the Schengen Action Plan in the area of border management and personal data protection EXTERNAL BORDERS Skopje, 12 May - 13 May 2011

EU ACQUIS ACQUIS Schengen Borders Code (526/2006) Some parts of Schengen Convention (SIS) Visa Code (810/2009) Directive on on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (38/2004) Several other directives Practical Handbook for Border Guards (Schengen Handbook)

EU ACQUIS ACQUIS Acquis on asylum Bilateral agreements (Local border traffic) National legislation (organisation, police powers, sanctions, implementation of directives etc.) EU Schengen Catalogue: External borders control, Removal and readmission (and other catalogues)

ENTRY REQUIREMENTS Schengen borders code – third country nationals: Article 2 – Definitions and Article 3 - Scope Article 4 - Crossing of external borders Article 5 - Entry conditions for third-country nationals Article 6 - Conduct of border checks Article 7 - Border checks on persons Article 8 - Relaxation of border checks Article 9 - Separate lanes and information on signs Article 10 - Stamping of the travel documents of third-country nationals Article 11 - Presumption as regards fulfilment of conditions of duration of stay

ENTRY REQUIREMENTS Schengen borders code – Article 19 - Specific rules for checks on certain categories of persons (Annex VII) - Heads of State and the members of their delegation(s); - pilots of aircraft and other crew members; - seamen; - holders of diplomatic, official or service passports and members of international organisations; - cross-border workers; - minors.

ENTRY REQUIREMENTS Schengen borders code – Article 14 - Staff nad resources for border control Article 15 - Implementation of controls Article 16 - Cooperation between Member States Article 17 - Joint control Article 18 - Specific rules for the various types of border and the various means of transport used for crossing the external borders (Annex VI)

ENTRY REQUIREMENTS Citizens of the Union, EEA, Switzerland and their family members - Directive 38/2008, implemented in the national legislation

PRACTICAL IMPLEMENTATION Schengen Handbook PART ONE – DEFINITIONS PART TWO - BORDER CHECKS SECTION I: Border check procedures for all possible categories and specific situations SECTION II: Land borders SECTION III: Air borders SECTION IV: Sea borders SECTION V: Checks on inland waterways shipping

PRACTICAL IMPLEMENTATION EU Schengen Catalogue External borders control, Return and readmission Recommendations and best practices Recommendations: a non-exhaustive series of measures which should make it possible to establish a basis for the correct application of the Schengen acquis and for monitoring it Best practices: a non-exhaustive set of working methods or model measures which must be considered as the optimal application of the Schengen acquis, on the understanding that more than one best practice is possible for each specific part of Schengen cooperation

PRACTICAL IMPLEMENTATION EU Schengen Catalogue : External borders control INTRODUCTION 2. PART ONE: EXTERNAL BORDERS CONTROL A. INTEGRATED BORDER MANAGEMENT (IBM) B. DETAILS OF RECOMMENDATIONS AND BEST PRACTICES 1. Strategy and organisational structure (Rec ) 2. Staff and training (Rec ) 3. Border checks (3.1 Generally, 3.2 Land borders, 3.3 Maritime borders and 3.4 Airports) (Rec. 33 – 102)

ENTRY REFUSAL Schengen Border Code – third country nationals Article 13 - Refusal of entry A third-country national who does not fulfil all the entry conditions laid down in Article 5(1)..... shall be refused entry to the territories of the Member States. - some exceptions (issuing visas at the borders, asylum) - entry may only be refused by a substantiated decision stating the precise reasons - authority empowered by national law - standard form (Annex V, also detailed rules) - persons refused entry shall have the right to appeal

ENTRY REFUSAL Directive 39/2004 implemented in the national legislation Persons enjoying the Community right of free movement may only be refused entry on grounds of public policy or public security... Special procedures if a person enjoying the Community right of free movement does not have the necessary travel documents or, if required, the necessary visas If a person enjoying the Community right of free movement is refused entry, the border guard must always provide the person with a written decision (another form)

ENTRY REFUSAL Schengen Handbook PART II - BORDER CHECKS SECTION I: Border check procedures 6. Refusal of entry - cases in which third-country nationals must be refused entry (examples) - when may exceptionally be decided not to refuse entry and let the third-country national enter into its territory - rules for persons enjoying the Community right of free movement - what does the checking officer have to do when refusing the entry to third-country nationals No recommendations in the EU Schengen catalogue

LOCAL BORDER TRAFFIC Schengen Border Code Article 35 - Local border traffic This Regulation shall be without prejudice to Community rules on local border traffic and to existing bilateral agreements on local border traffic. Regulation on LBT 1931/2006: Member States are authorised to conclude bilateral Agreements with neighbouring third countries in accordance with the rules set out in this Regulation

LOCAL BORDER TRAFFIC Schengen Border Code Article 35 - Local border traffic This Regulation shall be without prejudice to Community rules on local border traffic and to existing bilateral agreements on local border traffic. Regulation on LBT 1931/2006: Member States are authorised to conclude bilateral Agreements with neighbouring third countries in accordance with the rules set out in this Regulation

LOCAL BORDER TRAFFIC Rules in the Regulation - Border area - Entry conditions - Duration of stay in the border area - Entry and exit checks - Introduction of a local border traffic permit - Security features and technical specifications - Issuing conditions and validity - Easing of border crossing - Penalties

LOCAL BORDER TRAFFIC Schengen Handbook PART TWO - BORDER CHECKS SECTION I: Border check procedures 3.6 Border residents benefiting from a local border traffic regime SECTION II: Land borders 3. Local border traffic Some recommendation are also in the EU Schengen catalogue (i.e. 3. Border checks Local border traffic BCP)

TECHNICAL EQUIPMENT Schengen Border Code Article 14 - Staff and resources for border control Member States shall deploy appropriate staff and resources in sufficient numbers to carry out border control at the external borders in such a way as to ensure an efficient, high and uniform level of control at their external borders. Article 15 - Implementation of controls The border control provided for by Articles 6 to 13 shall be carried out by border guards in accordance with the provisions of this Regulation and with national law.

TECHNICAL EQUIPMENT Schengen Handbook There are same references on technical equipment (thorough check, checks on vehicles, border surveillance) EU Schengen catalogue Several recommendations in different chapters (Strategy and organisational structure, Border checks, all type of Border crossing points, Border surveillance) – quite concrete,but not “enough” Necessary to define the needs for each BCP, border police station....what is a very demanding job!

TRAINING Schengen Border Code Article 14 - Staff and resources for border control Member States shall deploy appropriate staff and resources in sufficient numbers to carry out border control at the external borders in such a way as to ensure an efficient, high and uniform level of control at their external borders.

TRAINING Schengen Border Code Article 15 - Implementation of controls The border control provided for by Articles 6 to 13 shall be carried out by border guards in accordance with the provisions of this Regulation and with national law. Member States shall ensure that the border guards are specialised and properly trained professionals. Member States shall encourage border guards to learn languages, in particular those necessary for the carrying-out of their tasks.

TRAINING Schengen Border Code Article 16 - Cooperation between Member States Member States shall provide for training on the rules for border control and on fundamental rights. In that regard, account shall be taken of the common training standards as established and further developed by the Agency. European Agency for the Management of Operational Cooperation at the External Borders of the Member States (FRONTEX) established by Regulation (EC) No 2007/2004

TRAINING Schengen Handbook Member States should also use the Practical Handbook for the purpose of training all the personnel to be affected to border control tasks.

TRAINING EU Schengen catalogue Several references in Key elements for the correct application of Integrated Border Management PART ONE: EXTERNAL BORDERS CONTROL B. Details of recommendations and best practices 1. Strategy and organisational structure 2. Staff and training

TRAINING A clear concept of training (basic and advanced) is required covering operational skills, knowledge of legislation, languages, etc. Basic training in line with the Common Core Curriculum on border guard training (CCC) – FRONTEX. Specialized and advanced courses Specialized training programmes Cooperation on training (inter-agency, intra-agency, international, Frontex)

THANK YOU FOR YOUR ATTENTION! Questions? Marko Gašperlin Senior Police Superintendent Slovenian Police