The last big enlargement of European Union (on May 1st, 2004) with the accession of 10 new members, including neighbors of Ukraine, has essentially changed the function of Western border of Ukraine as thus it has become the external border of EU as well. Over this period countries neighboring Ukraine (Hungary, Slovak Republic and Poland) made important steps on the way to their full-fledged integration into European structures.
Svitlana Mitryayeva | Europe Without Barriers
The last big enlargement of European Union (on May 1st, 2004) with the accession of 10 new members, including neighbors of Ukraine, has essentially changed the function of Western border of Ukraine as thus it has become the external border of EU as well. Over this period countries neighboring Ukraine (Hungary, Slovak Republic and Poland) made important steps on the way to their full-fledged integration into European structures.
Accession of these countries to the Schengen zone (on December 22nd 2007) was one of the outcomes of such steps. The accession presupposes elimination of internal borders between these countries and with other members of Schengen Convention, zone expansion, guaranteed freedom and free movement of people, products, services and funds. It also means that external EU border (Western border of Ukraine) has become an external border of the Schengen zone as well. It demands from our neighbors – Hungary, Slovak Republic and Poland to fully obey Schengen acquis, laid down in Schengen Action plan in terms of obligations for secure protection of their national and external EU land borders, for the benefit of national, regional and international security. Actually this border area has become a part of EU “front defense line” in fighting illegal migration and cross border crime.
Implementing the declared strategy of Euro Atlantic integration Ukraine also positively perceives free movement regime expansion on the territory of EU Member States. At the same time shifting main regime and control measures to our state land border fairly raises concerns among citizens of Ukraine concerning appearance of certain features of “iron curtain” on the land border which has served as an example of good neighborhood relations for many years. [New Schengen border equipment exclusively between Slovak Republic and Ukraine with new special border control gadgets (sensor cameras, special scanners, computer SiSone 4 all system, etc.) costs more than 3,5 million Euro; number of personnel has increased by almost three times].
Slovak Republic has already introduced new infrastructure and disposition of border units. State border guard line has been substantially expanded and it gave the possibility for active force maneuvers; border orders are not located at the state border exclusively. Practically the following system of stationary units has been introduced: in terms of their responsibility areas they extend as far as 15 kilometers inside the country. With this purpose the border police have been reformed according to specific standards; its functions include not just border protection but extra checks of foreigners on the main road routes of Slovak Republic as well.
Modern technical equipment has been installed at checkpoints including the territory of “green border” of the countries that have joined Schengen visa system since the end of the year; various movement detectors are already functioning as well as detectors of hidden objects, detectors of active electronic and other types of radiation, stationary thermo tracking cameras and bio locators have been set and are in function. Slovak Republic, Hungary and Poland are already applying such equipment and Romania is actively working on installment of such equipment. It requires considerable financing. For example, European Union has allocated 560 million Euros for Romania’s preparation to EU accession and equipment of Romanian borders. Slovak Republic received 44 million Euros for this purpose regardless the fact that its border area with Ukraine is considerably smaller. More than 250 million Euros were received and spent by Hungary for these purposes.
Ukraine expects that raising security level of EU external border (Schengen border since the end of December 2007) of countries neighboring Ukraine will not hinder the development of good neighborhood relations; introduction of local border traffic Institution as demonstrated in the Agreement between Ukraine and Hungary which is unique on EU territory ( 384 Ukrainian and 244 Hungarian administrative districts have been included into the Agreement, about 750 thousand of Transcarpathian residents of border areas will enjoy the possibility of free movement).
Table 1. (look: attachment)
According to Consul-General of Hungary in Uzhgorod Mr. Vilmos Sziklavári a certain positive achievement lies in the fact that “taking into account the initiative of Hungary European Union has reviewed the possibilities for inter border cooperation and approved such experience, thus currently local border traffic is one of achievements of European Union” .
At present similar Agreements between Ukraine and Poland, Ukraine and Slovak Republic which are to be signed shortly may be considered as feasible conditions for regional development and new idle reserve for inter border cooperation.
At the same time Ukraine expects unified position of neighboring countries in terms of admeasuring local border traffic territorial zone (up to 50 km) which will definitely promote strategic aims of border cooperation on the territory of new Eastern EU borders, at least in terms of Carpathian Euro region (border territories of Ukraine, Hungary, Slovak Republic, Poland and Romania) by facilitating border cooperation challenges for these countries.
Agreements on local border traffic may be considered as the steps and elements on the way to facilitated visa regime for Ukrainian citizens and introduction of visa free travel in future (in terms of implementing Agreement on Visa Regime Facilitation between Ukraine and European Union).
Major elements of local border traffic Background. The Agreement on Facilitation of state border crossing for the citizens residing in border administrative units signed by People’s Republic of Hungary and USSR on August 1st, 1985, stated that facilitated border crossing regime could be applied at border crossing points on Soviet-Hungarian border (the Agreement between certain members of European Union was signed in the same year in Schengen). This regime was prolonged by the Agreement on Facilitated state border crossing regime for the citizens residing in border areas signed by Hungary and Ukraine on February 26th, 1993. However, since August 1st, 2003 such regime has been abolished due to integration of Hungary into European Union.
Regulation of Council of the European Union # 1931/2006 “On laying down rules on local border traffic at the external land borders of the EU Member States and amending the provisions of the Schengen Convention” defines the notion of local border traffic, according to which local border traffic is the regular crossing of external border by border residents, for example, in order to stay in border territory for social, cultural or substantiated economic or family reasons, for a period which in case of permanent stay on the territory of relevant country can not exceed the time limit of three months.
The local border traffic permit (facilitated border crossing) is valid for a minimum of one year and a maximum of five years. The fees corresponding to the administrative costs of processing applications for the local border traffic permit can not exceed the fees charged for processing applications for short-term multiple-entry visas. Border resident is a third–country national who has been lawfully residing in the border area of a country neighbouring an EU Member State for a period of minimum one year.
The given document states that according to bilateral Agreements separate corridors or separate crossings valid only for this category of citizens may be created on current border crossing points for the citizens who are in possession of facilitated border crossing permit. Article 18 presupposes that by January 19th, 2009 EU Commission should submit a report to EU Parliament and Council on implementation of current bilateral agreements on facilitated border crossing.
About 600-750 thousand of Ukrainian citizens reside on the territory of Transcarpathia belonging to local border traffic zone. Taking into account its geopolitical capacities the region is both well conformed and it should serve as a bridge and link between EU and Ukraine. The region plays such special role due to its geographic location, history and national structure of population.
Thus, taking into account the rules laid down in Regulation of Council of the EU and provisions of Agreement on Local border traffic rules signed between the Government of Hungary and the Cabinet of Ministers of Ukraine, the main elements of local border traffic regime are the following:
1. The Agreement Annex contains the list of border administrative units (on both sides of the borders) of Agreement validity. Practically it lists administrative units on both sides of the border expanding in 50 km area.
2. Facilitated border crossing permit may be obtained by any resident permanently residing on this (border) territory for a period of at least 3 years. Permanent residency may be documented by national passport, Ukrainian travel passport or registration certificate of place of residency.
3. The permit entitles multi entry and stay for maximum of 90 days in terms of six months in border area of other country, in particular on social, cultural, family or substantiated economic grounds. The permit is issued by competent bodies of the country of entry, i.e. consular services of General Consulate of Hungary in Uzhgorod and Beregovo and expectedly General Consulate of Ukraine in Niredgaza.
4. Facilitated border crossing permit is valid for minimum of one year and maximum of five years but it can not exceed the validity of travel document (in the given case – validity of travel passport).
5. Permits issued in the form of plastic cards are expected to be introduced for a longer period of stay. Their production will be done according to technology eligible for biometric identification. Until such cards are introduced facilitated cross border permits will be stuck into travel passports likely to visa stickers that are currently being used. Thus a valid travel passport is necessary in order to receive the permit.
6. The permit will be issued within the shortest period of time not exceeding 30 days from the day of receipt of the application. Permit fee will equal to 20 Euros. According to the Agreement on Visa Facilitation Regime for Ukrainian citizens signed between Ukraine and EU Schengen visa fee equals to 35 Euro. Starting January 1st, 2008 the same fee will be applied in issuing Schengen visa by competent bodies of Hungary. At the same time a substantial number of people will be exempted from fee payment requirement both in terms of Schengen visas and local border traffic (for example, disabled people, retired, and children under age of 18).
7. Though in the past certain questions aroused concerning restrictions for local border crossing points functioning, the approved decision does not contain such restrictions. According to the Agreement, all crossing points both on Hungarian and Ukrainian side designated for international movement of persons as well as points designated for local border crossing may be used for local border traffic.
8. Bilateral Agreement comes into force on the 30th day after implementation of national legislative procedures and relevant mutual declaration through diplomatic channels. Implementation of national legislative harmonization, Agreement ratification and executive actions preparation are necessary in this regard.
The Agreement on local border traffic raises the question of potential abuse of the Agreement regulations by the border area residents who are in possession of border crossing permits. That is why it is extremely important that entry is made exclusively on the territory specified in the Agreement on condition that facilitated border crossing permit is issued. In the event of any abuse of the local border traffic regime established under the Agreement a person crossing the zone as specified in the Agreement may be deported from Hungary even for a period of five years.
Experts from European Union believe that free visa regime with Hungary will cause considerable increase in the number of trips made by citizens of EU neighboring countries to EU and they advise to hold informational campaigns clarifying rights of the citizens in the context of visa free regime. Thus raising awareness level concerning rights and obligations of the visitors will help to prevent negative outcomes, for example, exceeding maximum period of stay (90 days), illegal employment, etc., as such numerous cases may cause doubts concerning expediency of introduction of visa free regime with Ukraine.
It should be mentioned that in January 2008 Hungary finalized integration of its border and police organs. A part of border personnel dismissed on the western part of the border is expected to be regrouped for the so-called deep border check organization. Mutual checks of law enforcement agencies are also expected in the zone exceeding 50 km. Such checks will be carried out by law enforcement agencies of other Member States of the Schengen Convention in terms of their national borders.
As an alternative to Schengen visas local border traffic will help to prevent Schengen zone borders from hindering legal trade and regional cooperation between neighboring countries. Implementation of the local cross border traffic regime between Hungary and Ukraine will promote further development of good neighborhood relations between countries, preserve and support social, cultural, family and economic ties between the residents of border areas.
Table 2.(look: attachment)
Nevertheless the experts mention that the last expansion of the Schengen zone caused considerable decrease in number of visas issued for Ukrainian citizens which are valid for entry on the territory of European Union.
Analysis of European official statistics shows that:
– number of visas issued by Hungary in January 2008 decreased by 4,6 times comparing to January 2006 and by 3,2 times comparing to January 2007;
– number of visas issued by Hungary in February 2008 decreased by 3, 7 times comparing to February 2006 and by 2,4 times comparing to February 2007;
– number of visas issued by Poland in January 2008 decreased by 2, 8 times comparing to January 2006 and by 3,5 times comparing to January 2007.
At the same time slight changes of similar indicators for countries that entered
Schengen zone earlier should be mentioned.
Taking into account that major decrease of number of issued visas relates to the countries directly bordering Ukraine (Hungary, Slovak Republic and Poland), major EU entry restrictions were encountered by the border area residents who were entitled to entry on EU territory before Schengen zone accession of neighboring countries of Ukraine.
According to Western regional department of border service of Ukraine over the period of January-March 2008 the number of people who crossed Western border of Ukraine decreased by 11% comparing to the same period of the previous year .
Experts explain such tendency by introduction of Schengen visas. It should be mentioned that number of Polish citizens who crossed Ukrainian-Polish border is twice higher than the number of Ukrainians. Only a year ago the number of Ukrainians was bigger than the number of Polish citizens. On the contrary, according to custom data, the traffic flow has increased by 9% over the first 3 months of 2008. Such increase is noticed both on Hungarian and Romanian areas of State border of Ukraine. Experts explain this situation by the fact that traffic flow has improved on account of lack of lines and strikes that used to serve as obstacles on Polish border crossing.
Current information proves that European Union introduces new, tougher rules for movement on the territory of United Europe by enforcing control over departure and entry of foreigners. Changes presuppose introduction of a unique electronic data base of persons crossing borders of European Union in all EU Member States. For this purpose all consular establishments of European countries are to be equipped with automatic points for biometric technology application. A transition to biometric visas will be gradually made in consulates of EU Member States. Foreign experts believe that such transition may serve as an effective means of fighting illegal migration in countries of Europe.
For the next two years in order to protect external EU borders and fight terrorism, illegal migration and organized crime, European system of border control will be introduced as well as new visa informational system which presupposes creation of electronic base of biometric data of people entering EU. The so-called “Frattini Package” is being discussed in European Commission and awaits final approval by European Parliament. The base is to include primarily the data concerning the EU border region residents who will enjoy the benefits of local border traffic and apply to consular establishments for travel documents. [According to data of General Consulate of Hungary in Uzhgorod after the introduction of local border traffic 3 persons from Transcarpathian region were detained and deported on the way to Budapest] .
Moreover, an observation system (Eurosur) will be created and it will apply modern technologies including observation satellites with high division capacity and unmanned airplanes for monitoring distant areas crossing the routes of illegal immigrants. EU border agency Frontex will also be involved into other activities. According to Mr. Frattini these reforms will be implemented during 2010-2015 after their approval by all EU Member States.
Conclusions. Paradoxically, expanding of freedom area for EU citizens limited the freedom area for their neighbors. Elimination of internal borders inside EU is done simultaneously with strengthening of external borders. Strong security and infrastructure is being developed, more severe control is being set, and tougher visa regime is being introduced for third countries including Ukraine.
It cannot be unnoticed that currently free and intensive communication between societies is being violated, namely between Ukrainians and Polish, Ukrainians and Slovaks, Ukrainians and Hungarians. Such communication has been developing for decades and it helped to eliminate numerous stereotypes and resolve many of past historic problems. Relevant results may be noticed in tolerant Transcarpathia (the issue of Verets’ki pass, etc).
The next problem is the issue of numerous national minorities in Ukraine: Polish – 144, 1 thousand, Hungarian – 156,6 thousand, Romanian – 151 thousand (according to the Census of 2001). Residing densely on the border area they are already facing problems in communication with their relatives across the border line. An attempt to resolve this problem is the recognition of such residents, citizens of Ukraine as those possessing a status of ethnic Hungarian, Polish, Slovak, etc. Relevant legislative bodies of these countries approved declarations in this regard. Such status will entitle these groups of citizens to receive Schengen visas on favorable terms, live and work abroad without registration in relevant services, use preferences of public transportation, education and even health care. Such privileges may apply to 2% of Ukrainian population but it fairly raises the question of equality of Ukrainian citizens regardless their nationality. Reaction of Ukrainians to such legal regulations may be inadequate as currently there are discussions concerning 900 thousand of ethnic Polish people.
Agreement on local border traffic laying down the facilitated form of receiving visas is a certain way to settle these issues. Though local border traffic minimizes certain Schengen challenges, generally we see a clear tendency of limiting the entries of Ukrainian citizens on the territory of Europe.
Schengen border: a view from Transcarpathia (Attachment)
