3-d2-1-requirementanalysisreport-redacted
Dieses Dokument ist Teil der Anfrage „iBorderCtrl project documentation“
D2.1 Requirements Analysis
8. the travel documents of third-country nationals shall be systematically stamped on entry
and exit.
For intended stays on the territory of the Member States of a duration of no more than 90 days in
any 180-day period, which entails considering the 180-day period preceding each day of stay, the
entry conditions for third-country nationals are the following:
1. rightful possession of a valid travel document entitling the holder to cross the border
satisfying the following criteria:
1.1. its validity shall extend at least three months after the intended date of
departure from the territory of the Member States. In a justified case of emergency, this
obligation may be waived;
1.2. it should have been issued within the previous 10 years;
2. they are in possession of a valid visa, if required, except where they hold a valid residence
permit or a valid long-stay visa;
3. they justify the purpose and conditions of the intended stay, and they have sufficient means
of subsistence, both for the duration of the intended stay and for the return to their country of origin
or transit to a third country into which they are certain to be admitted, or are in a position to acquire
such means lawfully;
4. they are not persons for whom an alert has been issued in the SIS for the purposes of
refusing entry;
5. they are not considered to be a threat to public policy, internal security, public health or the
international relations of any of the Member States, in particular where no alert has been issued in
Member States’ national data bases for the purposes of refusing entry on the same grounds.
In the Schengen Border Code, there are also special rules on border checks at land border gates. To
ensure effective checks on persons, while ensuring the safety and smooth flow of road traffic,
movements at border crossing points shall be regulated in an appropriate manner. Where
necessary, MSs may conclude bilateral agreements to channel and block traffic. At land borders, MSs
may, where they deem appropriate and if circumstances allow, install or operate separate lanes at
certain border crossing points. For example, in Hungary, there are separated lanes for persons
under the right of free movement and stay (‘EU Citizens’) and third country nationals (‘All
Passports’), as well as for busses and trucks and – on larger border gates – for diplomats. Separate
lanes may be dispensed with at any time by the MSs’ competent authorities, in exceptional
circumstances and where traffic and infrastructure conditions so require. As a general rule, persons
travelling in vehicles may remain inside them during checks. However, during the first line check, if
circumstances so require, persons may be requested to alight from their vehicles. Thorough checks
will be carried out, in areas designated for that purpose, if local circumstances allow. In the interests
of staff safety, checks will be carried out, where possible, by two border guards.
Border checks in Hungary
For an intended stay on the territory of Hungary for more than 90 days in any 180 days period, in
case of persons under the right of free movement and stay the Act I. of 2007, for third country
citizens the Act II. of 2007 shall be applied.
In the case above, persons under the right of free movement and stay are required to present a
registration card issued by the Hungarian Office of Immigration and Nationality or, if not (yet)
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holding this, to present documents justifying their right of free movement and stay for more
than 90 day in a 180 days period, for example a certificate of marriage with a person residing
in Hungary, a Hungarian Student’s Card or a work contract. If the person is a third country
national, obtained the right of free movement and stay through marriage or other family
relationship, a residence permit will also be required or, if not (yet) in possession of the
person, but based on nationality, a visa is required to enter, a visa free of charge will be issued
immediately.
For third country nationals not under the right of free movement and stay, a residence permit
(temporary or permanent) or visa issued for the special purpose of obtaining a residence has to be
in rightful possession of the person to enter for a period more than 90 days in a 180 days period.
Detailed procedure of border checks in Hungary
The Hungarian procedure on carrying out border checks at land border gates is regulated by
Command No. 24/2015 of the Chief Commissioner. According to this, the following steps have to be
carried out:
1. Minimum checks:
1.1. observation of the arriving vehicle
1.2. greeting the passengers (language knowledge check based on vehicle plate)
1.3. taking travel document, verification of its type (ordinary [private], service,
diplomatic, ID or is not valid as a travel document [eg. driving license])
1.4. verification of the nationality and the right of free movement and stay
1.5. identification of the holder of the passport (impostor check)
1.6. verification of presence of persons in the passport
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1.7. verification of the vehicle, its cargo bays and other holding spaces (trunk,
door, under seat and overhead compartments and engine bay if necessary), vehicle license,
ownership and the right to use (e.g. power of attorney if the driver is not direct relative of
the owner), operational condition of the vehicle, vehicle insurance and driver license (if
required)
1.8. checking passport and its annexes for validity and genuineness
1.9. non-systematic check of person, vehicle and travel document in relevant
databases using the single HERR (Határ Ellenőrző és Regisztrációs Rendszer (System for
Entry-Exit and Border Checks)) form (there are 18 cases when the check is obligatory, e.g.
when any traveller is underage and without guardian)
1.10. recording statistical data such as number of persons, nationality of persons
and means of travel.
1.11. giving back the travel documents to the holders (one by one) after repeated
identification
1.12. decision
2. Decisions of minimum check can be:
2.1. admission
2.2. thorough check at first line
2.3. thorough check at second line
2.4. refusal
2.5. actions according to hit in Schengen Information System, SIS
2.6. further actions are required (apprehension, arrest, starting of asylum,
criminal, immigration etc. procedure)
3. Thorough checks at first line:
3.1. observation of the arriving vehicle
3.2. greeting the passengers (language knowledge check based on vehicle plate)
3.3. taking travel document, verification of its type (ordinary [private], service,
diplomatic, ID or is not valid as a travel document [e.g. driving license])
3.4. verification of the nationality and the necessity of visa
3.5. identification of the holder of the passport (impostor check)
3.6. verification of presence of persons in the passport
3.7. verification of the vehicle, its cargo bays and other holding spaces (trunk,
door, under seat and overhead compartments and engine bay if necessary), vehicle license,
ownership and right to use (e.g. power of attorney if the driver is not direct relative of the
owner), operational condition of the vehicle, vehicle insurance and driver license (if
required)
3.8. checking passport and its annexes for validity and genuineness
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3.9. in case the person requires a visa, checking possession of visa or other
document replacing the visa
3.10. check of person, vehicle and travel document (passport, visa etc.) in relevant
databases using the single HERR form, checking fingerprints if required by VIS
3.11. verifying conditions for entry and stay, with focus on the threat to public
order and national security posed by the person, its vehicle or any objects in its possession
3.12. checking official remarks and stamps in the travel document
3.13. verifying if the person has not exceeded the maximum duration of stay he or
she is eligible for
3.14. stamping the travel document and additional remarks if required (e.g.
+00256797 if the person shall have a visa by nationality but instead has a residence permit
with that number)
3.15. recording statistical data
3.16. giving back the travel documents to the holders (one by one) after repeated
identification
3.17. decision
4. Decisions of the Minimum check can be
4.1. admission
4.2. thorough check at second line
4.3. refusal
4.4. actions according to hit in SIS
4.5. further actions are required (apprehension, arrest, starting of asylum,
criminal, immigration etc. procedure)
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Databases used during border check
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Comparison of existing products features
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Republic of Latvia
The State Border Guard ensures surveillance of the 276 km long border between the Republic of
Latvia and Russian Federation, the 172,9 km long border between the Republic of Latvia and the
Republic of Belarus, and the 498 km long sea border (external EU border), as well as monitoring of
the 343 km long border between the Republic of Latvia and the Republic of Estonia and the 588 km
long border between the Republic of Latvia and the Republic of Lithuania (internal EU border).
At the state borders with the Russian Federation and with the Republic of Belarus there are 6
border crossing points located on motorways and 3 border crossing points on railways. 10 border
crossing points are located in ports and 6 in airports and airfields.
The main tasks of the Border Guard include:
1. Border check of persons and means of transport at BCP;
2. Surveillance of the land and sea border between BCP;
3. Control of foreigners residence into the country and expulsion of illegal migrants
(immigration control);
4. Investigation of criminal cases on illegal crossing of the state border and people illegal
movement ;
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5. Identification of asylum seekers;
6. Technical documents’ expertise.
Rights of Border Guards
Border guards in the whole border area, as well as the border control points and the border crossing
points have the right:
1. to examine the documents of persons and control means of transport and their freight,
during the performance of their service duty without limitations of movement;
2. for all persons crossing the State border, to examine according to specified procedures
personal identification documents and make the necessary notations in them, as well as to
carry out inspections of all the means of transport crossing the State border;
3. in accordance with procedures and within the terms set out by law to arrest persons;
4. to guard, convey and hold arrested persons;
5. in accordance with specified procedures, to remove and transfer to customs institutions
goods and other items that have been found with persons crossing the State border while
evading customs control;
6. to deny entry into the State to persons who cannot produce valid travel documents;
7. in accordance with procedures prescribed by law, to expel persons from the State who have
entered Latvia or crossed the State border without a valid travel document or a permit from
the relevant authority or have not observed prescribed procedures;
Organisation of Border Control at Border Crossing Points and at the State Border
Persons crossing the external border in order to enter or exit the Republic of Latvia, as well as
property and goods being moved across the external border by land, by aircraft or vessels in order
to bring them into or bring them out of the Republic of Latvia, shall be subject to checks at the
border crossing points. The purpose of these checks shall be to confirm the fact of the crossing of the
external border and that the persons remain in the Republic of Latvia legally, and that property and
goods are being brought into or brought out of the Republic of Latvia legally.
Checks at a border crossing point shall be as follows: the border check, which is performed by
officials of the State Border Guard; customs control, which is performed by officials of the customs
authority; veterinary or phytosanitary control, control of food safety or of safety of non-food
products, quality and classification control, which is performed by officials of the Food and
Veterinary Service. Alsoradiometric control, which is performed by officials of State administrative
institutions specified in regulatory enactments
A border crossing point regime shall be in force at border crossing points, which determines the
procedures by which persons are permitted to stay and move at a border crossing point, as well as
the procedures by which the competent authorities perform activities which are connected with the
admittance of persons, as well as the movement of property and goods across the external border.
Border check procedure at the Terehova BCP
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