The national strategy of integrated management of the Romanian state border for the period 2007 - 2010 of 28th of March 2007
(1) Through Haga Programme, the European Council reaffirms the priority given to the development of the freedom, security and justice area, with respect for the fundamental rights and freedoms - aspect underlined, also by the Treaty establishing a Constitution for Europe, in the Chapter IV "Area of freedom, security and justice" - on this purpose a unique policy is developed in the field of asylum, migration and control at the external borders. This document enters the strategic orientations defined by the European Council in the legislative and operational field which governs this area.
(2) As a consequence of the fact that Romanian had become a Member State of the European Union, since 1st of January 2007 and in order to become a part of the area of freedom, security and justice, Romania has to implement the Community's policies in the field of integrated management of the state border, so that to reach an appropriate security level of its borders. Considering the accession to the Agreement between the governments of the states of the Economic Union Benelux, the Federal Republic of Germany and the French Republic, regarding the gradual elimination of the controls at the common borders, signed at Schengen on 14 June 1984, in 2012, Romania will represent a reasonable target, taking into account the provisions of the Haga Programme, according to which it is estimated that "in the next 5 years, the Member States which acceded to the European Union in 2004, will be fully integrated in the Schengen area" and having the possibility to value the experience of these states.
(3) The Romanian Interdepartmental Group for the Integrated Management of the State Border, named from now on GIRMIFS, settles the general conception and provides the unitary coordination, on the basis of the National Strategy of Integrated Management of the Romanian state border, from now on called the National Strategy of the actions and measures for the accomplishment of the management of the state border, carried out by the public authorities and institutions with attributions in the field. The purpose of the National Strategy is to establish policies, principles and objectives for a common, coherent and efficient management of the Romanian state border, complying the Community's requests, which will provide the increase of the security of the citizens, respecting their fundamental rights and freedoms, to fuse off the legal traffic of the persons and goods at the border and to fulfil, as soon as possible, the conditions necessary for the implementation of the Schengen acquis and the accession to this area.
(4) The General objective settled by this strategic document is to improve the capacity of the Romanian State to achieve a high level of control at the external border of the European Union, by adopting and implementing its common policies in the field of integrated border management, in the same time with countering the Romania' s status of country of origin, transit and destination for the victims of the trafficking in human beings and to fight against illegal migration, in the context of the foreseen increase of the migration flux at the external border once Romania has acceded the European Union. This will be accomplished through a complex of measures aiming at the adoption and the and the implementation of the relevant Community's acquis, the institutional building and investments for works of civil constructions meant to modernize and to develop the infrastructure at the border, as well as to develop and make efficient the functions of surveillance and control at the borders, in an integrated concept, as it is defined by this national strategy.
(5) In order to attain the general objective, GIRMIFS settled a set of specific objectives which aim, on one side, to apply a high management of the state border, chapter 3, on the other side, to achieve and implement an Integrated System for the security of the state border, named, from now on SISF, chapter 4.
(6) In order to attain the objectives of the National Strategy, a unitary and coherent policy will be adopted in the field of border integrated management, in accordance with the policy of the European Union, listed in Community's Communicate of 7 May 2002, "To an integrated management of the external borders of the European Union Member States", which includes the following independent components:
- a) a common mechanism of operational coordination and cooperatio;
- b) common integrated risk analysis;
- c) trained personnel and inter-operational equipment;
- d) common body of legislation;
- e) common effort of all the institutions.
(7) The National Strategy is also based on the following general principles:
a) subsidiarity principle, according to which the most appropriate level for the implementation of the National Strategy is that of each authority / institution represented in GIRMIFS. The interdepartmental group interferes only subsidiarily, in matters which can be solved at its level, or;
b) the continuity and coordination principle - the actions adopted for the achieving of the objectives of the National Strategy continue the measures taken to implement the National Strategy of Integrated Border Management of the Romanian state border for the period 2004 - 2006, these being coordinated unitarily by GIRMIFS;
c) the cooperation and coherence principle - the public authorities/ institutions with attributions in the field of integrated management of the state border will be open to cooperate with other institutions, as well as with other organization of the civil society interested or affected by a certain action carried out within the implementation of this strategy, providing thus a coherent conception on the objectives that should be fulfilled and on the measures that should be taken;
d) responsibility principle - the accountability for the implementation of the National Strategy belongs to each of the public authorities / institutions with attributions in the field, in the parts that concerns them.
(8) The organized cross-bordering criminality represents a global and evolving threat, evolution, which acquired the capacity to influence the policy of the states and the activity of the democratic institution. It represents an expression of the expansion of some negative phenomena which grow within the globalization, and as a direct consequence of an inefficient management of the political, economic and social changes which took place in the Central, Eastern and South-eastern Europe in the process to extinguish the communist regime.
(9) On the background of this situation, due to its strategic position, Romania represents the source, the area of transit and destination for some criminal activities like:
illegal migration and trafficking in human beings;
illegal trafficking in armament, ammunition, explosive and radioactive materials;
trafficking in drugs and substitutes;
trafficking in counterfeited goods;
money laundry activities;
other aspects of the economic-financial criminality.
(10) The main tendencies which define the evolution of the cross-bordering criminal phenomenon are:
a) to adapt the operational specific of the illegal migration network, with the intention to elude the control measures adopted by the European states, by varying the methods they used, by perfecting the internal organization, as well as by conspiring and dissemble the performed activities;
b) varying the forms to turn to account the products, values and advantages resulting from crimes, meant to cover the sources of the illegal income and to amplify them, like, gambling, casino networks, intensification of the illegal traffic with objects of art or coming from the national cultural patrimony and others;
c) the extension of the phenomenon of bringing together the crimes with large incomes with other violent crimes, complex and with serious consequences for the population, as terrorist actions and others of this kind, as well as to finance the latter;
d) the decrease of the number of crimes involving violence and the increase of the number of crimes involving organization, detailed preparation and high technology endowments;
e) the diversification of the types of crime in the files of information technology (IT), by accessing illegally the data base of some public institutions, in order to exploit them;
f) the continuous changing o f the routes and of the merchandise or goods trafficked according to the "market request". Thus an increase of the trafficking in synthetic drugs from west to east is expected. Romania has turned from a country of transit, mainly, into a country of use.
g) the diversification of the means and modality of eluding the legal and specialty control of the under evaluated or not declared dangerous goods, counterfeited goods, of the species endangering the wild flora and fauna, of the wooden material and of the genetic forest material, crossing the border;
h) the amplification of the phenomenon of trafficking in goods with high taxes and excise taxes;
i) the increase of the number of cases of smuggling networks involved in trafficking in counterfeited goods;
j) the involvement if the organized crime networks in the illegal traffic with currency and other means of payment on carrier, as bank cards, travel checks, payments order and others alike;
k) to speculate the legislation and to attract persons in decision positions within institutions with attribution in the fight against customs frauds and corruption and in order to protect the illegal activities;
l) turning Romania from a source for illicit work into a consumer for the citizens coming from states in Asia, Africa and even Europe, which will cause changes in the volume, sense and the destination of illegal migration and of the additional crimes.
(11) Beside the characteristic features mentioned above, the geo-strategic position of Romania has to be emphasized, its borders representing a large part of the external border of the European Union, which asks for special measures for providing a high level of border control. Approximately 2000km - the border with Moldavia 681,3 km, with Ukraine 649,4 km, Black Sea 193,5km, with Serbia 546,4km - represent the external borders of the European Union. Thus, to ensure an appropriate border management and to introduce the high technologies for border security represent aspects of great interest not only for Romania, but for the entire European Union.
(12) The National Strategy is based on the analysis of the main evolution tendencies of the cross-bordering criminality, as well as on the integrated border management, developed on the basis of the provisions of the Schengen Catalogue "External border control, extradition and readmission: best practices and recommendations", adapted to the conditions in Romania. The main instrument for exercising the integrated border management is the Integrated System for state border security.
(13) The integrated border security aims to strengthen the border surveillance and the control, with the participation of all the competent institutions in this field, on the basis of the active management and of the cooperation between agencies. This assumes the active participation to SISF, by the judicious usage of the juridical, organizational, relational levers as well as of the human, technological, informational, logistic and financial resources etc. The integrated security is based on the advisory and deliberative form of underlying and taking decisions, within the special body made up for this purpose, GIRMIFS.
(14) The necessity of the integrated security of the Romanian borders is determined by the development of cross-bordering criminality, on the main direction east-west and the adjacent directions, from south and from north to west, by the expansion at the international level of the organized crime phenomenon, by the conditions which favour them, as economic crimes, social, ethnical and religious conflicts, as well as the intensification of the terrorist threats addressed to Romania. Romania, being placed in the central south-eastern part of Europe, has an important role in maintaining the stability and security in this area, necessary both for the European building and development, as well as for the Euro Atlantic interests.
(15) The unitary coordination of the tasks of the authorities with attributions at the border represents a key element for the correct and coherent application of the integrated model of border management.
(16) Once the National Strategy of integrated management of state borders for the period 2004 - 2006 was adopted, Romania decided to accomplish and to implement SISF, as the main instrument for the exercise of integrated border management. At the informal reunion of the ministries of justice and home affairs of the European Union, which took place in the period 20-22 September 2006, at Tampere, Finland, where 60 ministries took part, as well as the European commissary for justice, freedom and security, representatives of the United Nations High Commissioner for Refugees, of the European Parliament, of Europol, of Eurojust and Frontex, the Romanian Integrated System for the border security was appreciated as being one of the most modern in the whole world, corresponding totally to the definition and criterions debated by the Justice and Home Affairs Council of the European Union. The Finish Presidency proposed the adoption a new "Strategy of Integrated Management of European Union Borders", which should cover the following aspects: the border control in accordance to the Schengen Borders Code, the investigation of the cross-bordering criminality, the model of the four filters/ levels, the cooperation, at the national and international level between the authorities in the field of border management, to provide the coordination and the coherence of the actions carried out by the Member States. In order to accomplish and to implement SISF, the subsystems and integrated subsystems, the Ministry of Administration and Interior concluded a contract with a specialized company - system integrator - which has obligation to work out of the daft legislation, to provide the appropriate operational and communication infrastructure, to make / modernize the information and communication system, to endow with equipments necessary for the activity of border surveillance and control, support services for SISF. The System integrator has to integrate the systems and equipments existent at the level of the Romanian authorities with attributions in the field of border management as well as of the ones which will be acquired from public funds, PHARE funds, taking care not to overlap these investments.
(17) From the perspective of action time and place for countering the cross-bordering criminality, especially of illegal immigration, the integrated border management includes four complementary levels / filters:
a) activities carried out in third countries, especially in the origin and transit countries;
b) the international cooperation regarding the border;
c) the control and the surveillance of the Romanian state border;
d) activities carried out on the national territory.
(18) Filter I is projected to ensure the remote control of illegal migration and of other forms of cross-bordering criminality and represents the activities carried out in third countries, especially in the origin and transit countries for illegal migration.
(19) The main institutions competent within this filter are:
a) Ministry of Foreign Affairs - the Romanian consular offices abroad and the General Directorate for Consular Affairs;
b) Ministry of Administration and Interior - the home affairs attachés and the liaison officers;
c) Ministry of Transports, Constructions and Tourism - economic agents which carry out the activity of international transport of goods and/or travellers;
d) Ministry of Defence - the defence attaches;
e) Ministry of Labour, Social Solidarity and Family:
- (i) Office for Labour Force Migration;
- (ii) National Agency for Employment;
- (iii) Labour Inspection;
- (iv) The National Authority for Child's Rights Protection;
f) The Foreign Intelligence Service.
(20) In order to prevent the illegal entry on the Romanian and EU Member States territory, it is very important that the forged or falsified documents should be detected both when issuing the visas and when the passengers embark on the means of air, land and marine transports. This means that the consular representations should carry a detailed inspection of the files with visas requests, and the carriers should take the necessary measures to be sure that the transported persons have the appropriate travel documents. This process includes the checking of the documents and the consultation of the data base pursuant to art. 96 of the Convention for the implementation of the Schengen Agreement of 14 June 1985 between the governments of the states in the Economic Union Benelux, the Federal Republic of Germany and French Republic regarding the gradual elimination of the controls at the common borders, adopted in Schengen on 19 June 1990, called from now on the Schengen Convention.
(21) This National Strategy settles the following objectives for this filter:
- 1. To adopt and to implement the common procedures and policies regarding the processing of the visas requests in order to facilitate the travels/ legal migration, through:
- a) the harmonization of the national legislation with the Schengen procedures;
- b) the adoption of the national information system of processing the visas requests "on-line visas", so that this should be compatible to the future European Visa Information System, the connection to this system of all the control points at the crossing of the border;
- c) the arrangement of the consulates according to the Schengen standards;
- d) the providing of the endowments necessary for the detection of the forged and falsified visas;
- e) the training of the personnel with consular attributions for the application of the European Unions procedures for processing the requests for short term visas;
- f) the production and the circulation of a new visa sticker in accordance to the technical specification of the one used by the European Union states;
- g) the introduction of a unique tax for processing the short term visas, harmonized with the European Union acquis in the matter.
- 2. To enhance the role of the home affairs attaches, military men, on matters of work, liaison officers in the prevention of illegal migratio:
- a) the extension of the attaches / liaison officers networks in the main countries of origin for illegal migration and in the transit ones;
- b) the intensification of the actions of the attaches / liaison officers in the field of data and information exchange.
- 3. To increase the role of the international carriers in the prevention of illegal migration.
- 4. To consolidate the regulation procedures regarding the foreign workers' access, by carrying out specific actions on the third countries territory.
- 5. To establish a system which will allow the exchange of data regarding the foreign under aged citizens who remain on the territory of the origin state and / or enter the Romanian territory, to monitor the phenomenon and to establish a mechanism imposing the returning (through a commitment) in the country of origin, for the third states citizens who had worked, on the basis of a labour contract, on the Romanian territory.
- 6. To regulate the institutional and normative frame, according to which, the recruitment and the employment of foreign labour force is carried out in Romania (the way that the private agents are authorized / function), including the introduction of the obligation to inform on the living and work conditions in Romania (similar to the obligation imposed through art. 17 and 18 of the Labour Code) and to provide appropriate conditions of accommodation for the foreigners on the Romanian territory.
- 7. To regulate the access of third country citizens to the labour market in Romania, in the interest of the Romanian state, on the basis of the long term visa for other purposes.
(22) Filter II is projected to provide an efficient cooperation at the border between the neighbouring states, as well as between the European Union Member States and other states in the area, taking into consideration the fact that an efficient control at the border can not be performed only by one partner.
(23) The main competent institutions specific for this filter are:
- a) Ministry of European Integration;
- b) Ministry of Foreign Affairs;
- c) Ministry of Administration and Interior:
- (i) General Directorate of European Affairs and International Relations;
- (ii) International Police Cooperation Centre, The National Unit Europol, the National Office Interpol and SIRENE Office;
- d) National Customs Authority;
- e) Ministry of Labour, Social Solidarity and Family:
- (i) Office for Labour Force Migration;
- (ii) National Agency for Employment;
- (iii) Labour Inspection;
- (iv) National Authority for the Protection of the Child's Rights;
- f) Ministry of Transports, Constructions and Tourism.
(24) As regards the International cooperation at the border, the agreements with the neighbouring states - concerning the cooperation in the field of border management - represent an efficient instrument to increase the security of the border. This can be achieved by establishing some appropriate work mechanisms, as the exchange of information, the establishment of appropriate channels of communication, local contact points, procedures in cases of emergency cases and of an objective way of action in case of incidents, to avoid the political disputes and others. Structures of regional cooperation along the external borders are established in the marine area, as well. These initiatives reunite all the countries in the regions.
(25) The objectives proposed within this filter are:
1. The enhancement of bilateral cooperation with the similar structures in the neighbouring states in the field of common border management.
2. The development of the regional cooperation with the countries riparian at the Black Sea.
3. The development of the regional cooperation in the basin of the Danube River.
4. The development of the partnership with countries and regions of origin and transit.
5. The upgrading / conclusion of new readmission agreement, on the basis of the permanent consultation with the EU Member States and with the states on the black list of the European Union.
6. The strengthening of the regional cooperation regarding the development of the cross-bordering labour market.
(26) The activities carried out within this filter have the purpose to ensure the control of the border, pursuant to the provisions of the Regulation (EC) no. 562/2006 of the European Parliament and Council of 15 March 2006, regarding the establishment of a new Community's code for the rules which lie at the basis of persons' free movement over the borders, the Schengen Borders Code. Filter III provides an appropriate state of fact at the border as well as the observance of the legal provisions.
(27) The main institutions with specific competences within this filter are:
- a) Ministry of Administration and Interior:
- (i) Romanian Border Police;
- (ii) National Office for Refugees;
- b) National Customs Authority;
- c) Ministry of Transports, Constructions and Tourism;
- d) Ministry of Agriculture, Forests and Rural Development;
- e) Ministry of Public Health;
- f) Ministry of Defence;
- g) National Sanitary Veterinary Authority for the Food Safety;
- h) National Environment Guard.
(28) The control of the border consists in:
- 1. the control of the border crossing - is represented by the controls carried out in the border crossing points in order to guarantee that the persons and the objectives they posses, as well as the means of transport, are authorized to enter the territory of the Member State or are authorized to leave;
- 2. the surveillance of the border - represents the surveillance of the border between the border crossing points and the surveillance for the border crossing points outside the time table, to prevent the eluding of the border controls, and it is based in the risk analysis for internal security and of the threats which can affect the border security.
(29) In this regard, the authorities with competence in this filter act consequently for the adoption and implementation of the measures necessary to provide the internal security and to prevent and counter cross-bordering criminality, a special importance being given to the external border. The control of the border crossing and the surveillance of the border will be carried out in a professional manner, so that they comply with the human dignity. The adopted measures are proportional to the aimed objectives.
- 1. The continuous harmonization of the legal and procedural frame, in accordance to the Schengen acquis.
- 2. To provide enough personnel, with a high level of professionalism, based on the basic training, technical, linguistic and managerial competences.
- 3. To improve the cooperation and the collaboration between agencies in the field of functional border management.
- 4. To develop risk analysis in order to support efficiently the fight against the cross-bordering criminality, including smuggling.
- 5. To provide the infrastructure, the headquarters, the division of the passengers flux, harbour facilities, communication infrastructure according to the Schengen requirements, in the border crossing points.
- 6. To provide the equipment appropriate for the type of the border and operational situation, necessary to carry out the actions of surveillance and control, according to the Schengen requirements.
- 7. To establish or to modernize, depending on the case, the compatible and inter-operational communication and information system existent at the European level.
- 8. To establish the surveillance and observation System at the Black Sea - SCOMAR and to provide the interconnection and interoperability with the surveillance systems at the Black Sea implemented by the Ministry of Transports, Constructions and Tourism, VTS/AIS, Ministry of Defence and the Ministry of Agriculture, Forests and Rural Development, the satellite monitoring system for the fishing ships.
- 9. To establish the Integrated Surveillance System for the ships traffic on Danube and in Danube Delta - SCOD and to provide the interconnection and interoperability with the surveillance system on the Danube RO-RIS, developed by the Ministry of Transports, Construction and Tourism.
(31) Filter IV provides, on one side, the support necessary for the control and surveillance operations carried out at the border, and, on the other side, the compensating measures which should be adopted the moment when the controls at the internal borders of the European Union will be eliminated.
(32) The main competent institutions specific for this filter are:
- a) Ministry of Administration and Interior:
- (i) Romanian Police;
- (ii) Romanian Gendarmerie;
- (iii) Authority for Aliens;
- (iv) National Office for Refugees;
- (v) General Directorate for Passports;
- (vi) National Inspectorate for Persons' Registration;
- (vii) Romanian Border Police;
- (viii) National Centre for the Administration of the Data Base regarding the Person's Registration;
- (ix) Directorate for Driving Licences and Vehicle Registration Regime;
- (x) Special Aviation Unit;
- b) Ministry of Justice;
- c) Ministry of Labour, Social Solidarity and Family:
- (i) Office for Labour Force Migration;
- (ii) National Agency for Labour Force Employment;
- (iii) Labour Inspection;
- (iv) National Authority for Child's Rights Protection;
- d) Ministry of Communication and Information Technology;
- e) Ministry of Transports, Constructions and Tourism;
- f) Ministry of Public Health;
- g) Special Telecommunications Service;
- h) Romanian Intelligence Service;
- i) National Customs Authority;
- j) National Environment Guard;
- k) National Authority for Consumers' Protection.
(33) Within the measures of preventing illegal migration and cross-bordering criminality, an important role is played by the Authority for Aliens, due to the process of approving the requests for long term visas, as well as for the short term ones, for the citizens of the states with migration potential; these measures are carried on in the national territory, by improving the search actions, the information based control and surveillance, in accordance to the national legislation, and where is possible, on the basis of the police cooperation agreements, pursuant to the art 39, align (4) and (5) of the Schengen Convention, or on the basis of other international agreements, Romania is a part of. Also, the Office for Labour Force Migration, through its activity, contributes to the measures for the prevention of illegal migration, by granting the approvals necessary for the long term visas and for employment, and for labour permits for the citizens of the state with migration potential, as well as by sanctioning the employers who had hired foreigners without complying with the legislation in the field.
(34) For Filter IV, the National Strategy settles the following objectives:
- 1. To improve the legal frame, in order to prevent and counter illegal migration and cross-bordering criminality.
- 2. To establish, to modernize and to interconnect, according to the case, the communication and information system.
- 3. To ensure the institutional building and the appropriate human resources, from the quantity and quality point of view.
- 4. To integrate the biometrical data in the travel documents, in order to increase their security, complying with the human fundamental rights.
- 5. To ensure the appropriate infrastructure and the endowment with appropriate equipment necessary to carry out the activities specific for this filter.
- 6. To develop the cooperation between agencies on the national territory through:
- a) the improvement of the data and information exchange between the authorities with attributions at the border;
- b) mutual support and joint actions carried out by the authorities with border attributions, as well as by the ones with attributions regarding the management and the control of the foreigners' employment on the Romanian territory.
- 7. To use of the cooperation frame ensured by the National System for the prevention and countering terrorism, to obtain the complementarity and / or congruence between the measures taken in the field of border security and the ones in the field of prevention and countering terrorism.
- 8. To counter corruption among the personnel of the national institutions with attributions in the field of border management.
- 9. To establish a specific border control for the third country citizens who enter Romania for employment reasons or for the ones having the status of detached, as well as a border control for the returning to the country of origin.
- 10. To settle the access of the third country citizens who gained the right to stay on the Member States territory and who are about to receive free access to the Romanian labour market.
- 11. To establish an applicable compulsory frame for the case when forged documents are presented in order to obtain the right to stay on the Romanian territory for labour purposes.
- 12. To increase the role of OMFM in checking the procedures regarding the granting of the right to work for the third state citizens and the cooperation, specially regarding the regulation of the detached foreigners' status on the Romanian territory.
- 13. To introduce the obligatory character of the labour contract in the language of origin, beside the Romanian one, in order to inform the foreigner about the rights and obligation provided in the labour contract.
(35) SISF represents the main instrument to exercise the integrated management of Romanian state border. Through its nature, SISF is a part of the complex systems category - system of systems which is made of multiple autonomous complex subsystems, strongly connected, different from the technological, contextual, operational, geographical point of view and of the conceptual frame. Its achievement represents a priority for Romania, in order to ensure the security of its own borders and of the external border of the European Union, in the view of the integration to the European area of freedom, security and justice. The achievement of SISF represents a commitment taken through the Schengen Action Plan, revised in 2006.
(36) Adapted to the integrated pattern of border security developed by the Schengen Catalogue "The Control of the External Borders, the Extradition and Readmission: Best Practices and Recommendation", SISF takes into account, in a unitary concept, all 4 complementary filters, which reunite the activities carried out by all the national institutions with attributions in the field of integrated border management.
(37) Applying the provisions of the Schengen acquis, for the implementation of the European Commission recommendations and of the measures included in the Schengen Action Plan, revised in 2006, SISF assumes the modernization of the infrastructure and of the equipments at the border, at the level of all the structures of the Romanian Border Police, aiming thus to ensure a high level of security of the European Union external border.
(38) SISF has the following components and subsystems strongly connected by interdependency and inter-conditioning:
- a) the operational component:
- legislative subsystem,
- the human resources subsystem;
- the operational procedures subsystem;
- b) the technical component:
- infrastructure component;
- border surveillance subsystem;
- subsystem of border crossing control;
- IT subsystem;
- mobile radio-communication subsystem;
- fixed communication subsystem;
- data and voice communication subsystem;
- mobility subsystem;
- integrated logistic support subsystem.
(39) The operational component includes the legislative frame which regulates the functioning of SISF, the personnel sufficient and trained in order to operate and maintain SISF, as well as the assembly of the procedures applied within the activity specific to the insurance of the border security.
- 1. To work out the drafts of the normative acts to ensure the legal frame for the achieving and functioning of SISF.
- 2. To ensure the personnel appropriate for the border situation, specially trained, able to fulfil the tasks under any terms.
- 3. To improve the procedural frame in accordance to the Schengen requirements.
(41) Objective: establishment and implementation of SISF subsystems:
- a) infrastructure;
- b) border surveillance;
- c) border crossing control;
- d) IT;
- e) mobile radio communications;
- f) fixed communications;
- g) voice and data communications;
- h) mobility;
- i) integrated logistic support.
(42) This subsystem aims at:
a) investments in the operational infrastructure, in buildings of the Romanian Border Police structures, meaning new buildings, as well as the rehabilitation and/or the extension of the existent ones;
b) building the communication infrastructure, as towers, pillars and antennas. Where is possible, the equipments will be installed on the existent emplacements, towers, high buildings, if not, new towers will be built.
(43) The border surveillance subsystem ensures the observation and the actions specific to the border, by applying new technologies based on sensors, radars or a combination of these. The information from the sensors is sent to the control centres through the communication subsystems and is processed by the IT subsystem. The border surveillance is based on mobile platforms, as well as on fixed platforms.
(44) The fixed surveillance is based, mainly, on an assembly of 0day and night time vision equipments, including radars for persons' detection, mounted on pillars, mainly on the headquarters of the points and sectors of Romanian Border Police and on other direction of surveillance.
(45) The mobile surveillance is based on vehicles with integrated surveillance equipments. These vehicles are equipped with night vision fixed equipments which will be integrated in SISF. The mobile surveillance with helicopters is ensured by the aviation structures of the Ministry of Administration and Interior. The helicopters are endowed with special equipments: projectors, infrared night vision systems, video cameras which record and send the images in real time, FLIR type, bull horns and others. Fast means of communication on board ensure the coordination of the actions of the border police patrols, in order to reduce the risks of a direct confrontation with the criminals.
(46) Refers to:
- a) For the surveillance of the interior sea waters, territorial sea, contiguous zone and of the exclusive economic area of Romania, an integrated system of surveillance and control of the traffic of ships at the Black Sea, named SCOMAR, will be used. This will include:
- (i) sensors stations on the coast;
- (ii) communication infrastructure;
- (iii) command and control centre;
- (iv) naval, land and air intervention units.
- (i) detection and identification of the targets through radar and optoelectronic sensors;
- (ii) the transport and the fusions of the information in the command and control Centre;
- (iii) delivery of the dispositions to the units of land, naval and air intervention.
- b) At the river border, an integrated surveillance system for the traffic of ships on the Danube River and in the Danube Delta, named SCOD, will be used. This will have the following components:
SCOD will be integrated in the management system of the traffic of ships on the Danube RO-RIS, achieved by the Ministry of Transports, Constructions and Tourism, both by taking over, in real time, the traffic data of the trading ships processed in this system, and through the common usage of the available technical resources.
- (i) sensor stations on the river course;
- (ii) communication infrastructure;
- (iii) command and control centre;
- (iv) naval, land and air intervention units.
(47) It ensures the control of the persons and the goods they posses, as well as of the means of transport, at the border crossing, including the mobile control in the border crossing points, harbour, railway and in the competence area of the Romanian Border Police. It integrates the fixed and mobile document readers - LPR system for the capture of the numbers on the registration plates, as well as equipments for the detection of the drugs, explosive and radioactive substances, equipments for the detection of forged or counterfeited documents, systems for the detection of the persons and smuggling goods hidden in the means of transports, fingerprints reader, facial recognition system. This subsystem will interface with IT subsystem components.
(48) Will be an on-line system available for all the institutions with attributions in the filed of border management, based on open system standards, to achieve the interconnection with the IT system used by these institution, as well as with the international IT systems, for example: VIS, SIS, EURODAC, Interpol, Europol, AFIS, the information system regarding the passengers in airports. Within this subsystem of SISF an important role is played by the on-line IT system of the Romanian Border Police, which allows the gathering, processing, transfer, stocking and consultation of the information necessary for an appropriate border management, the interconnection and the secured exchange of data with the information system of the institutions involved in ensuring and maintenance of the public order and national safety. The IT system of the Romanian Border Police supports the institution in fulfilling its attributions, when this is relevant to the fight against cross-bordering criminality, illegal migration and to discover the pursuit persons and goods - for example, allows the access to the information in the National Information System of Reporting, compatible to SIS II, for the verification in the case of usual controls, of border crossing control and of others alike - offering both to the management level and to the execution level, the information necessary for the good management of events regarding the control and surveillance of the Romanian state border.
(49) Ensures the infrastructure necessary to achieve the wide area network, WAN, and of the local area network, LAN and facilitates the voice and data traffic between the SISF users.
(50) This subsystem ensures the support for the exchange of information (voice and data) between the mobile operational elements, as well as between them and the command and control centres. The mobile communication services are both analogical, in the frequency range VHF and HF, for the naval mobility units, as well as digital, PMR type, Professional Mobile Radio-communication, in TETRA standard. The PMR subsystem, in TETRA standard, will cover the communication needs for all the institutions with attributions at the border, the radio-electric coverage area will be provided for the entire geographical area of the border counties and the interoperability at the national level within the unique platform of TETRA radio-communication.
(51) The fixed communication subsystem ensures the transport infrastructure of wide band necessary for the exchange of information between the fixed locations. This represents the support for the voice communication, for the transfer of data necessary for the information applications, as well as the infrastructure necessary for the mobile radio-communication subsystem.
(52) It describes the land-naval-air platform which will be used for the border security system and includes all the means of transport meant for the surveillance and intervention operations at the state border. Thus, it is ensured the surveillance and the patrolling, the transport of the forces and equipments for intervention, the operational transport between various operational structures and the logistic transports for supply and maintenance. The subsystem has the following components: land, naval and air mobility.
(53) It is made up of all activities meant to support the system for the entire period of the life cycle of this. It included training, fact-finding, spare parts, maintenance, as well as a centralized support which allows the operation of SISF 24 hours / a day.
(54) The funds associated to the fulfilment of this national strategy are planned in the own budget by each of the institutions with border attributions depending on the priorities, available resources and in the stages of achievement of the integrated management, under the terms of the law.
(55) The financing sources for the implementation of the National Strategy can be:
- a) funds from the state budget;
- b) Community funds, within the projects for non-reimbursable financial assistance of the European Union;
- c) funds coming from co-financing ensured by the Romanian state together with the E.U. states;
- d) external credits granted by the Romanian Government;
- e) funds allocated through Schengen Facility;
- f) external credits which do not involve governmental bonds;
- g) donations and sponsoring offered/ accepted under the terms of the law;
- h) other sources.
(56) As regards the Schengen Facility, according to the documents concluded within the process of accession to the European Union, Romania will receive the amount of 559,8 millions euro for the application of the Schengen acquis and of the border control and to support the improvement of the cash flows within the national budget. At least 50%, meaning 279,9 millions euros of these funds will be used to fulfil the obligation to finance the actions at the new external border of the European Union, for the application of the Schengen acquis and of the external border controls.
(57) SISF will be accomplished through the contract concluded with the system integrator, though PHARE projects and national financing projects, which are complementary. As regards the contract of accomplishment and implementation of SISF, the deliveries are adapted so that there will be no overlapping with the PHARE projects. The equipments achieved through the PHARE financing are integrated in the system as EFG (equipments provided by the Government), according to a precise methodology, provided in the contract documents.
(58) The effective implementation of the National Strategy will be made by each of the institutions with attributions at the border, in the fields that concerns them. The heads of the intuitions have the obligation to take all the necessary measures and are responsible for the fulfilment of their objectives within this strategy. In the fulfilment of the objectives of the national Strategy other state institutions can participate, as well as non-governmental organizations, which cooperate according to their competences and under the terms of the law. The task to monitor the implementation of the National Strategy belongs to GIRMIFS, through its secretary.
(59) The documents for the implementation of the National Strategy are the Action Plan and the Unique Plan of Multiannual Investments for the security of the border. On the basis of the provisions of the Action Plan and in order to accomplish it, the ministries / institutions with border attributions will work out their own sectorial programmes, in accordance with the law. The financial resources necessary to accomplish the actions regarding the investments for the border security are the ones provided in the Unique Plan of Multiannual Investments for the border security.
(60) Within the implementation process of the National Strategy, the following aspects will be taken into account:
- a) to correlate the activities included in the sectorial planning of each institution with the ones provides in the National Strategy;
- b) to settle the priorities of the institutions with border attributions in the field of the border management and their agreement to the general objectives of GIRMIFS;
- c) to allocate the appropriate funds for financing of the programmes of endowment with means and effective equipments meant for the border security, to employ and to train the personnel, as well as to modernize the infrastructure;
- d) to monitor and to asses permanently the stage of the actions provided in the documents for the implementation of the National Strategy.
(61) The unitary assessment of the implementation of the National Strategy is essential to ensure the coherence of the measures taken at the level of all the institutions with attributions in the field, to avoid the overlapping and the parallelism between the institutions with border attributions and to eliminate the breakdowns appeared in the implementation process of the National Strategy.
(62) The assessment and the analysis of the stage of fulfilling the objectives of the National Strategy is carried out with the work meetings of the GIRMIFS, according to the methodology and the terms provided in this purpose, on the basis of the periodical reports. The task to elaborate the reports regarding the implementation stage of the objectives of the National Strategy belongs to the secretariat of GIRMIFS, which records and communicates all the decisions and measures adopted within this meeting , as well as the way they should be fulfil, to the competent authorities for execution.
(63) An important reporting instrument is represented by the annual implementation report of the National Strategy, document which synthesises the degree of fulfilment of the assumed objectives.
(64) This National Strategy reflects intentions and actions, procedures and stages which will be followed consequently, event though, in a dynamic world, in a continuous change, evolutions can appear, needing temporary reviews. Stating from the conclusion that the objectives of the National Strategy are not only desirable, but also sustainable, as well as from the fact that the institutions performing the integrated border management dispose of effective human resources, the implementation of the National Strategy ensures the conditions necessary for Romania's accession to the Schengen area.