POLICE COOPERATION ISSUES RELATED TO (PREPARATION TO ACCESSION) SCHENGEN OPERATIONAL CROSS BORDER CO-OPERATION BORDER POLICE DIRECTORATE

POLICE COOPERATION ISSUES RELATED TO (PREPARATION TO ACCESSION) SCHENGEN OPERATIONAL CROSS BORDER CO-OPERATION BORDER POLICE DIRECTORATE

LEGISLATION OVERVIEW LAW ON POLICE POLICE COOPERATION CONVENTION FOR SOUTHEAST EUROPE Protocol between the Ministry of Interior of the Republic of Serbia and the Ministry of Security of Bosnia and Herzegovina on conducting joint patrols along the common state border Protocol between the Ministry of Interior of the Republic of Serbia and the Ministry of Security of Bosnia and Herzegovina on running regular meetings of the representatives of Border police forces on national, regional and local level Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Serbia on setting up and managing a joint contact centre of the Police and the Customs authorities Rulebook on organisation and functioning of a joint contact centre of the Police and the Customs on border crossing point Kalotina, as well as of a joint committee

LEGISLATION OVERVIEW Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Serbia on the cooperation of border authorities Contract between the Republic of Serbia and the Republic of Hungary on the cooperation of the authorities responsible for the suppression of crime in the field of prevention of cross-border and organised crime Agreement between the Government of the Republic of Serbia and the Government of Hungary on Road, Railway and Water Traffic Border Control Protocol between the Ministry of Interior of the Republic of Serbia and the Ministry of Interior of the Republic of Hungary on implementation of mixed patrols along the common border Agreement between the Government of the Republic of Serbia and the Government of the Republic of Macedonia on police cooperation

LEGISLATION OVERVIEW Protocol between the Ministry of Interior of the Republic of Serbia and the Ministry of Interior of the Republic of Macedonia on organising and running regular meetings of the representatives of Border police forces on central, regional and local level Protocol between the Republic of Serbia and the Republic of Macedonia on conducting joint patrols along the common state border Protocol on establishment and functioning of a common contact centre for Police and the Customs cooperation Protocol on conducting the joint border controls at the crossing point for border traffic Goles, at the Serbian-Macedonian border. This protocol regulates the way of conducting joint control by the border authorities of the Republic of Serbia and the Republic of Macedonia on the border crossing point for border traffic

LEGISLATION OVERVIEW Agreement between the Government of the Republic of Serbia and the Government of Romania on cooperation in combating organized crime, international illicit drug trafficking and international terrorism Protocol on establishment of contact centre Djerdap 1 Agreement between the Government of the Republic of Croatia and the Government of the Republic of Serbia on police cooperation Protocol between the Ministry of Interior of the Republic of Serbia and the Ministry of Interior of the Republic of Croatia on establishing joint contact service, Protocol between the Ministry of Interior of the Republic of Serbia, General Police Directorate and the Ministry of Interior of the Republic of Croatia, General Police Directorate on implementation of mixed patrols along the common border Agreement between the Government of the Republic of Serbia and the Government of the Republic of Montenegro on police cooperation

LEGISLATION OVERVIEW Protocol between the Ministry of Interior of the Republic of Serbia and the Ministry of Interior and Public Administration of Montenegro on running regular meetings of the representatives of Border police forces on national, regional and local level Protocol between the Ministry of Interior of the Republic of Serbia and the Ministry of Interior and Public Administration of Montenegro on implementation of joint patrols along the common border Instruction for risk analysis

INSTITUTIONAL FRAMEWORK MINISTRY OF INTERIOR Border Police Directorate Mixed patrols, joint contact centers, joint border crossing points, regular meetings, risk analysis Criminal Police Directorate hot pursuits, cross-border surveillance Directorate for International Police Cooperation exchange of information MINISTRY OF FINANCE Customs Administration joint contact centers, joint border crossing points

OVERVIEW OF GENERALLY IMPLEMENTED DIRECTIVES 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 (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council(OJ L 82 of 29.6.2013, p. 1)

OVERVIEW OF GENERALLY IMPLEMENTED DIRECTIVES Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders

PCC POLICE COOPERATION CONVENTION FOR SOUTHEAST EUROPE The aim is to adopt the Schengen standards in the Region through the conclusion of a multilateral convention for the improvement of strategic police collaboration in the region. Тhe convention is in accordance with the Schengen Treaty.

Provisions of the Schengen Convention dealing with police cooperation Article 39 is completely integrated in the provisions of the Police Cooperation Convention in the part General provisions, Article 4 dealing with Cooperation upon request and Article 34 dealing with Implementation Agreements and Communications in Final provisions. Article 40 in the same chapter of the Schengen Convention dealing with crossborder surveillance is completely integrated in the Article 14 of the Police Cooperation Convention Article 41 dealing with Hot Pursuit is also completely integrated in the Article 13 of the Police cooperation convention

Provisions of the Schengen Convention dealing with cooperation with neighboring countries in order to improve border security, joint/mixed patrols, cooperation with neighboring third countries at all levels (central, regional and local) by establishing appropriate working mechanisms such as exchange of information, appropriate communication channels, local contact points, emergency procedures, annual meetings at highest level, relevant permanent working groups at regional level, regular and ad hoc meetings and joint operations and training at local level (border crossing points and green border) are implemented in the Article 28 of the Police Cooperation Convention dealing with mixed patrols and Article 29 dealiang with Cooperation in Common Centers.

Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders are implemented in the Police Cooperation Convention through Article 34 dealing with Implementation Agreements and Communications Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders are harmonized with the provisions of the Police Cooperation Convention in the art 14 dealing with Cross border survaillance in the part defining conditions for survaillance but are not harmonized in the part dealing with the list of offences. It will be further adjusted with the Acquis by signing bilateral agreements with neighbouring countries.

ADMINISTRATIVE CAPACITIES FOR ENFORCEMENT OF REGULATIONS 250 border police officers have passed the training for performing duties within mixed patrols 40 border police officers, customs officer and CID officers have passed the training for working in joint contact centers 100 CID officers have passed the training and participated in joint exercises organized through TAIEX for hot pursuit and cross-border surveillance. There is a lack of human resource capacities in the Border Police Directorate for performing of this tasks Further training is needed (languages of the neighboring countries etc.)

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