of May 13, 2009 No. 7
About Recommendations about ensuring boundary safety of state members of EurAsEC and simplification of procedures of crossing of borders of the states of Community by physical persons (on the basis of experience of the European Union)
The bureau of Inter-parliamentary Assembly decides:
1. Approve the draft of Recommendations about ensuring boundary safety of state members of EurAsEC and simplification of procedures of crossing of borders of the states of Community by physical persons provided by the Permanent commission of MPA on customs regulation and boundary policy it (is applied).
2. Submit Recommendations in parliaments of state members of EurAsEC and Integration Committee for use in work on harmonization of national legal systems and enhancement of the legal base of Community.
Chairman
Inter-parliamentary Assembly M. Ubaydulloyev
Appendix to the resolution of EurAsEC MPA Bureau of May 13, 2009 No. 7
The task of simplification of the procedure of crossing of frontier by physical persons for the states entering regional integration associations is urgent for any consolidation. Depth of its realization depends on extent of development of integration process if the question in interrelation with movement by physical persons of goods or currency is considered, it depends on at what stage of economic integration there is this consolidation, in other cases it depends on political aspects of relations between the states. Anyway this process is inseparably linked with the solution of task of safety of the state in all its range.
These recommendations are based on research of the European experience of gradual simplification of procedures of movement of citizens through frontiers of the members of the EU, up to creation of the "Schengen" area.
The purpose of these recommendations is enhancement of legal regulation of the procedure of crossing of borders by citizens of state members of Eurasian economic community providing simplification of such process and safety of each of state members of EurAsEC and Community in general.
For state members of EurAsEC it is possible to formulate the following most important threats of their safety:
- the extending activities of the international terrorist organizations and groups, illegal armed groups through frontier and in border areas with unstable situation;
- the continuing export from the countries of strategic raw materials, growth of drug trafficking, weapon, ammunition and activities of cross-border organized crime in the conditions of deterioration in the social and economic and criminogenic situation in border regions promoting strengthening of panderly base of criminal international groups;
- large-scale plundering of marine biological resources on the continental shelf and in exclusive economic zone, depletion and pollution of cross-border water objects;
- increase in scales of illegal migration of citizens of foreign states;
- strengthening of economic and demographic expansion from number of the adjacent states on the separate border territories;
- increase of danger of emergence of emergency situations of natural and technogenic nature, transfer on the territory of state members of EurAsEC of especially dangerous infectious diseases of the person, animal, quarantine wreckers, weeds, causative agents of diseases of plants, and also toxic substances;
- possibility of transfer of the centers of socio-political intensity and unleashing of armed conflicts to external borders of state members of EurAsEC.
The state control exercised on borders of gosudarstvchlen of Community shall provide efficient protection of economies and the population of state members of EurAsEC against the listed threats.
In too time today state members of EurAsEC shall provide permanent progress in the solution of question of free movement of physical persons and goods in Community. When holding procedures of the state control when crossing borders citizens of the states of Community continue to feel physical and moral discomfort.
Experience of such organization as the European Union, is extremely important for creation of effective system as integration processes within this education allow to speak about creation of the single "European space of freedom, safety and justice".
It is represented that experience of acceptance and gradual realization of provisions of the Convention on implementation of the Schengen Agreement of June 19, 1990 is important for state members of EurAsEC first of all from the point of view of determination of constituent elements of system which is reasonable for constructing for providing the free right of crossing of borders between the states of Community:
- the harmonized visa policy of the countries of Community (the general list of the third countries which citizens need the visa),
- the customs check points on external borders of EurAsEC conforming to the single standard and reliable protection of external borders
- creation of information system of state members of EurAsEC, similar Schengen Information System (SIS) providing identification and other data on all territory Schengen of zone
- close cooperation of police agencies and justice,
- the common efforts directed to fight against the crimes connected with drugs.
In EurAsEC so far the question of crossing of the armed job specifications accompanying loads is not permitted that does not allow to perform customs escort of loads one job specification through the territory of the states of Community in spite of the fact that there is the relevant agreement on customs escort.
The analysis of the Schengen agreement "About gradual cancellation of checks on internal borders" of June 14, 1985 allows to formulate the following recommendations for state members of EurAsEC:
1. Develop the mechanism allowing boundary bodies to make control of movement of physical persons in the form of visual observation. At the same time it is necessary to use the modern means of video surveillance and identification based on use of biometric technologies.
2. Recommend to the border services of state members of EurAsEC to exercise joint control of movement of physical persons on adjacent check points. For this purpose in format of six countries of EurAsEC or at the bilateral level to sign the relevant international acts.
3. For the purpose of implementation of the decision of Interstate Council of EurAsEC of 6.10.2007 No. 346, of one of elements of the Common economic space of EurAsEC providing in quality freedom of travel of labor power, to bodies of Eurasian economic community to use these recommendations in case of enhancement of the interstate legal base of crossing of borders of the states of Community by physical persons.
4. For the purpose of streamlining of entrance and departure of citizens of gosudarstvchlen of Community to the third states it is necessary to provide boundary departments of the countries of Community with information on procedure and the list of documents on the right of crossing of frontier of gosudarstvchlen of EurAsEC.
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