police checks

POLICIES ON BORDER CHECKS, ASYLUM AND IMMIGRATION

(o) to develop and endorse common criteria for the selection, and common policies for the training, licensing, and proficiency checking of air traffic services staff;

1. he violates flight rules (first paragraph of Article 8), 2. in the case of a violation of air space by an aircraft, he does not land at the order of a competent body in compliance with instructions (third paragraph of Article 10), 3. is not acquainted with the content of /cargo/ which he is transporting (seventh paragraph of Article 59), 4. performs the task of pilot in commercial air traffic if he has exceeded the prescribed age (eighth paragraph of Article 59), 5. does not take measures in compliance with authorities (first paragraph of Article 60), 6. prior to take-off does not check whether the crew and aircraft are prepared and capable of safe flight and whether all prescribed documents are on board (third paragraph of Article 60), 7. does not provide the police with professional assistance and does not provide information to them when this is required in compliance with legal authorities (eighth paragraph of Article 60), 8. does not take measures in compliance with authorities (first and second paragraphs of Article 61), 9. does not take care that objects that are relevant to a procedure of violation or for the investigation of a criminal offence are handed to the appropriate official body (fourth paragraph of Article 61), 10. does not inform the Administration of an aviation accident with fatal results or serious physical injuries or with considerable damage or about a serious incident and does not submit a written report about such (Article 63), 11. does report on circumstances, events and disturbances in functioning which could affect the airworthiness of the aircraft (Article 64), 12. does not land immediately with an aircraft at the nearest suitable airport in compliance with the instructions of a competent air traffic service (first paragraph of Article 147),

On the other hand, this would have the effect of exempting all travellers, whatever their nationality, from police checks when crossing the border. Furthermore, they would no longer be obliged to use authorised border crossing points.

Given the need to prevent the intermingling of passenger flows from domestic and international flights, at entry points, before border police checks, and at exit points, after such checks, and whereas before the Schengen Convention is brought into force the infrastructure necessary to ensure the physical separation of such passenger flows should be in place at all airports (apart from Schiphol Airport in Amsterdam which has been granted an exemption until the end of 1995 on condition that during this period it takes procedural measures to ensure that passenger flows are clearly separated), the Schengen Convention will also be brought into force for air traffic on the date set by the Executive Committee(1).

Should it prove necessary to reintroduce internal border checks temporarily in accordance with the provisions of Article 2(2) of the Convention, mobile units of the border police can impose the speed restrictions necessary for conducting checks by means of ad hoc signalling.

After receiving and checking the new snapshot, the Commission shall register or reject it if the snapshot contains errors not compatible with the correct implementation of the common fisheries policy.

The Republic of Cyprus shall carry out checks on all persons crossing the line with the aim to combat illegal immigration of third-country nationals and to detect and prevent any threat to public security and public policy.

The Parties shall endeavour to approximate their visa policies as soon as possible in order to avoid the adverse consequences in the field of immigration and security that may result from easing checks at the common borders.

technical adjustments in order to enable vehicles to turn round on motorways and comparable roads in case checks at the internal borders are temporarily reinstated on grounds of public policy or national security and vehicles are refused entry.

However, where public policy or national security so require, a Contracting Party may, after consulting the other Contracting Parties, decide that for a limited period, national border checks appropriate to the situation will be carried out at internal borders.

Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(4) applies to all areas of the Communities' activity without prejudice to the provisions of Community rules specific to different policy areas.

The reason for this is that, as set out in Article 92 of the Schengen Convention, the SIS is to enable the authorities designated by the Member States, by means of an automated search procedure, to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law, as well as for the purposes of issuing visas, residence permits and the administration of legislation on aliens in the context of the application of the provisions of the Schengen acquis relating to the movement of persons.

While taking into account the legitimate concerns of the Government of the Republic of Cyprus, it is necessary to enable EU citizens to exercise their rights of free movement within the EU and set the minimum rules for carrying out checks on persons at the line and to ensure the effective surveillance of it, in order to combat the illegal immigration of third country nationals as well as any threat to public security and public policy.

The Management Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, ensure coherence with Community policies, adopt the Centre's financial regulation in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities(4), hereinafter referred to as the «Financial Regulation» , and appoint the director following a parliamentary hearing of the selected candidate.

This means, that whereas it would be legitimate to process the passenger data transmitted for the performance of border checks also for the purposes of allowing their use as evidence in proceedings aiming at the enforcement of the laws and regulations on entry and immigration, including their provisions on the protection of public policy (ordre public) and national security, any further processing in a way incompatible with those purposes would run counter to the principle set out in Article 6(1)(b) of Directive 95/46/EC.

other police and customs checks carried out within the country, and the coordination of such checks.

Given the need to prevent the intermingling of passenger flows from domestic and international flights, at entry points, before border police checks, and at exit points, after such checks, and whereas before the Schengen Convention is brought into force the infrastructure necessary to ensure the physical separation of such passenger flows should be in place at all airports (apart from Schiphol Airport in Amsterdam which has been granted an exemption until the end of 1995 on condition that during this period it takes procedural measures to ensure that passenger flows are clearly separated), the Schengen Convention will also be brought into force for air traffic on the date set by the Executive Committee ( 1 ).

It should also be able to check that the person concerned does not constitute a threat to public policy, public security or public health.

For the purposes of discreet surveillance, all or some of the following information may be collected and communicated to the authority issuing the alert when border checks or other police and customs checks are carried out within the country:

Checks on persons shall include not only the verification of travel documents and the other conditions governing entry, residence, work and exit but also checks to detect and prevent threats to the national security and public policy of the Contracting Parties.

to the extent that these provisions deal with checks on persons for the purpose of deciding upon nationality/entry and without prejudice to checks for national security purposes and checks for fiscal purposes, where appropriate, and to the extent that these provisions do not concern forms of police cooperation covered by the provisions of Title III of the 1990 implementing Convention

After receiving and checking the new snapshot, the Commission shall register or reject it if the snapshot contains errors not compatible with the correct implementation of the common fisheries policy.

The Parties shall endeavour to approximate their visa policies as soon as possible in order to avoid the adverse consequences in the field of immigration and security that may result from easing checks at the common borders.

On exit, the checks shall be carried out as required in the interest of all Contracting Parties under the law on aliens in order to detect and prevent threats to the national security and public policy of the Contracting Parties.