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Setting the scene
Facilities at border crossing points are often limited in space. Waiting times may lead to difficulties for third-country nationals, which is an issue that goes beyond the context of the EES, but could be significantly exacerbated by its operation. It requires appropriate design and queue management.
Selected findings from the field research
Qualitative research:
- The infrastructure for first and second line checks at the researched BCPs varies widely, with airports generally better equipped to manage passenger flows.
- At sea and land borders the high volume of vehicular and pedestrian traffic can exacerbate delays and put third-country nationals in an uncomfortable position, especially when adequate shelter is not provided. For example, a shift leader in Bari port (Italy) noted that “passenger numbers have increased crazily, there is no space […]. And when there are so many people, it is also difficult to identify critical situations.” A stakeholder in Kapitan Andreevo (Bulgaria) described that: “People get off the bus, go through the checks and stand on the side while the bus moves […]. If the check lasts, say, two hours, for two hours the passengers stand wherever they find [a place].”
- A shift leader at Warsaw airport in Poland noted that the EES may have a positive effect on queues: “Often passengers have a lot of these stamps [in their passports] and [to] count it all, it takes time. And if the system calculates these days of stay on its own, I think it will definitely have a positive effect.”
- Authorities in France considered that issues that may affect the respect for human dignity include the waiting conditions and the modalities of collecting biometric data. Bulgarian authorities noted that the introduction of the EES would lead to longer processing times at BCPs, impacting potentially on the treatment of third-country nationals.
Border guards survey:
- To facilitate passenger flow, border guards experienced with automated border control (ABC) gates mentioned as effective measures: onsite guidance by queue managers (79%), clear signs on who can use the gates (76%), presence and reachability of the company responsible for technical maintenance (74%). (n=140)
- Most responding officers (87%) consider the availability of support staff such as queue assistants or cultural mediators as useful to carry out checks in a way that reduces hardship for persons with specific needs in case of long queues. (n=177)
Legal references
Under Article 7 of the Schengen Borders Code (Regulation (EU) 2016/399), when checking people, border guards must fully respect human dignity, in particular in cases involving persons with specific needs. Under Article 10 of the EES Regulation, the use of the EES must respect the Charter, the ECHR and, for children, the United Nations (UN) Convention on the Rights of the Child. The UN Convention on the Rights of Persons with Disabilities (UNCRPD) which is binding on the EU and all its Member States protects the rights of persons with disabilities, for example, by ensuring that transportation is accessible (Article 9).
Guidance points
The following actions may help national authorities to promote the dignified treatment of third-country nationals while their personal data are processed in the EES:
- Supporting, where appropriate, negotiations on space allocation with the entity responsible for the BCP infrastructure, to ensure adequate space for waiting areas, self-service systems as well as first- and second-line checks.
- Providing guidance and support to BCPs on how to provide proper waiting areas with seating, sufficient toilets, drinking water, and, at land BCPs and seaports, sheltered places for pedestrians and vehicle passengers to protect them from sun, rain and snow.
- Making all reasonable efforts to support BCPs to keep waiting times short, for example through effective information provision, queue management and adequate staffing and equipment.
- Particularly at seaports and land BCPs, encouraging BCPs to develop emergency protocols to ensure that third-country nationals’ fundamental rights are respected in cases of prolonged delays.
- Regular monitoring if there is sufficient space for EES-related second line checks at BCPs, without interfering with the space needed for interviewing asylum applicants or for identifying potential victims of trafficking in human beings.
Further reading:
- EES Practical Handbook
- FRA, Border controls and fundamental rights at external land borders, 2020, point 1.