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IMMIGRATION

Hungary threatens Austrians with arrest

Some 2,200 people had joined a social media campaign in Austria by Friday afternoon to organise a convoy of private cars and vans on Sunday to help pick up hundreds of migrants stranded in Hungary.

Published: 4 September 2015 17:34 CEST

Refugees face police in Budapest railway station. Photo: Youtube screen shot

Update: Austria's police chief said Thursday that refugees arriving in Vienna from Hungary will not be checked or registered, and are allowed to continue their journey onwards to Germany if they wish.

“What we certainly can't do is check all those people coming through, establish all their identities, or possibly even arrest them — we can't do this, and we have no plans to do this,” Gerhard Puerstl told Reuters.

Social media convoy

“The Austrian government and the EU stand by idly and watch as people on the streets of Budapest — without any appropriate supplies — have to endure appalling conditions,” organisers of the citizen initiative wrote on the Facebook page.

“That's why we are intervening and starting a convoy of buses and cars to bring the refugees to safety.”

Campaigners have called on private drivers of cars and vans to meet in Vienna on Sunday morning and to head to Hungary in order to bring as many migrants and refugees as possible to Austria or Germany.

On Friday, authorities in Budapest said that hundreds of refugees, furious at being tricked by Hungarian authorities, were planning to walk to Vienna.

The Hungarian government has declared a 'state of crisis caused by mass immigration', which permits the police and the army to help registering asylum applications and operate detention facilities in registration camps.

“If we do not protect our borders, tens of millions of migrants will keep coming to Europe,” right-wing Prime Minister Viktor Orban said in a statement on Friday.

“If we allow everyone in, that is the end of Europe. We may one morning wake up and realise that we are in the minority on our own continent.”

Rail links suspended

The organisers said they were reacting to the decision by Hungarian authorities to suspend rail links to western Europe as thousands of migrants have crowded its train stations.

Four Austrian activists were arrested on Friday in Budapest after allegedly planning to drive migrants to Austria, which is a crime in Hungary that carries up to five years in prison.

Hungary's foreign affairs minister Peter Szijjarto said the activists would be promptly released.

“We find ourselves in a very difficult circumstance. We don't need people coming here and inflaming the situation,” he added.

Illegal

Austrian authorities affirmed on Thursday that aiding illegal immigration is against the law and carries a fine of up to €5,000 ($5,500).

The activists, citing the precedent of a train hired by Austria's national rail company to carry migrants, noted that they had arranged for “legal assistance” for participants.

Hungary has in recent months joined Italy and Greece as a “frontline” state in Europe's migrant crisis, with 50,000 people trekking up the western Balkans and entering the country in August alone.

A record 3,300 migrants crossed into Hungary on Thursday, according to the latest figures from the UN refugee agency.

The right-wing government headed by Prime Minister Viktor Orban has responded to the influx by erecting a controversial razor-wire barrier along its 175-kilometre (110-mile) border with Serbia.

Aylan buried in Syria

Hungarian lawmakers meanwhile passed tough new anti-immigration measures, including criminalising illegal border crossing and vandalism to a razor-wire fence erected along the border with Serbia.

Some 50,000 migrants arrived in Hungary last month via the western Balkans, with a record 3,300 on Thursday, according to UN figures.

The Czech Republic and Slovakia on Friday separately proposed creating a rail corridor for Syrian refugees linking Hungary and Germany.

UN High Commissioner for Refugees Antonio Guterres meanwhile warned the EU faced a “defining moment” and called for the mandatory resettlement of 200,000 refugees by EU states.

Some 350,00 migrants have crossed the Mediterranean so far this year, with 2,600 dying when ricketty boats supplied by ruthless people smugglers sank.

Symbolising the human tragedy at the heart of the crisis, Aylan's father Abdullah Kurdi returned Friday to the Syrian border town of Kobane to lay his son to rest along with Aylan's brother and mother, who also died.

“I will have to pay the price for this the rest of my life,” the devastated father told mourners, after personally carrying his sons' bodies to Kobane's Martyrs' Cemetery, where around 100 people attended the ceremony.

The family were driven out of Kobane in June after fierce fighting between Kurdish militants and Islamic State militants.

There was a global outrage after photos showed the little boy's body lying in the surf of a Turkish resort, washed up after the boat taking the family to Greece sank.

Angry protesters booed European Commission's vice-president Frans Timmermans and EU Home Affairs Commissioner Dimitris Avramopoulos on Friday when they visited the Greek island of Kos on Friday.

EU foreign ministers met in Luxembourg to discuss the crisis ahead of a “State of the Union” address next week by European Commission President
Jean-Claude Juncker when he will lay out new measures which could well exacerbate EU differences.

Juncker has proposed mandatory quotas for resettling 160,000 refugees, after an earlier plan for 40,000 met stiff opposition, notably from Hungary, and attracted offers of places for only 32,000.

Germany and France back quotas, but Hungary, the Czech Republic, Poland and Slovakia together rejected any quota systems in a statement on Friday.

Britain to take thousands more

Under-fire British Prime Minister David Cameron, accused of not doing enough to share the burden, said he would set out plans next week to take “thousands more” refugees.

However he insisted they would be refugees from camps on the border with Syria and not those already in other EU member states. To do that, would just encourage more people to make the perilous journey to Europe, he said.

If some governments are wary, many ordinary Europeans were taking the initiative and providing help for the migrants as well they could.

In Austria, some 2,200 people joined a social media campaign to organise a convoy of private cars and vans on Sunday to help pick up hundreds of the migrants in Hungary.

“The Austrian government and the EU stand by idly,” organisers of the citizen initiative wrote on their Facebook page.

Charities across Europe meanwhile reported a surge in donations from people shocked by the heart-rending images.

“There is an enormous response from the public, the tide of indifference is shifting,” Christian Peregrin, spokesman for the Malta-based Migrant Offshore Aid Station, told AFP.

At least 30 more migrants were feared to have drowned off Libya after their dinghy began to sink, the International Organisation for Migration said Friday.

Your key questions answered about Europe's new EES passport checks

Two big changes are coming for travel in and out of the EU and Schengen zone – EES and ETIAS.

You can find an overview HERE on what they mean, but broadly EES is an enhanced passport check at the border including biometric information while ETIAS is a visa waiver required for tourists making short visits.

Despite being scheduled to begin later this year, many aspects of how EES will actually work on the ground are still unclear – while much of the available information is for people who are travelling as tourists (rather than foreigners living in an EU or Schengen zone country).

So we asked readers of The Local to send us your questions.

Here we take a look at some of the most commonly asked questions – including the situation for dual-nationals, for non-EU citizens resident in Europe, for second-home owners and the situation at the UK-France border.

Some answers are still unclear – either because they have not yet been finalised or because the available information is not very specific. Where we have had to answer “we don’t know”, we will continue to badger the European Commission plus national and port authorities on your behalf. We will update this article when we know more.

When is this coming into effect?

Good question. Believe it or not, discussions on the Entry & Exit System began in 2011. At that time the UK was part of the EU and was reportedly enthusiastic about EES. Things changed and now the border between France and the UK – an external EU border since Brexit – is a major worry. More on that below.

Anyway, it’s been a long term project and the start dates have been postponed multiple times, first because of Covid and then because infrastructure was not ready. The most recent postponement came at the request of France, which wanted to get the Paris Olympics over with before any border changes were made.

The EU now says that the start date for EES is the “second half of 2024” – UK media have reported October 6th as a possible start date while European airports have reportedly told to be ready by November. Meanwhile the French interior ministry says that the start is envisaged “between the final part of 2024 and the beginning of 2025”.

We’ll see.

Who does it affect?

EES is aimed at non-EU travellers who are a crossing an EU/Schengen external border.

EU citizens will not have to complete EES registration.

Neither will non-EU citizens who have residency in an EU or Schengen zone country – they will need to produce proof of residency such as a residency permit or long-stay visa.

Neither will non-EU residents who have a valid short-stay visa for a country in the EU. This could include second-home owners who have obtained a short-stay (under six months) visa in order to allow them unlimited visits to their holiday home.

However citizens from countries which do not benefit from the 90-day rule and who therefore need a visa even for short visits (eg Indians) will have to complete EES registration.

It does not apply when travelling between Schengen zone countries (more on that below).

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

What is EES pre-registration?

You’ll soon be hearing a lot about EES “pre-registration”. EES itself is basically an enhanced passport check – travellers will need to register their biometric details (fingerprints and facial scans) to enhance the security of passport checks.

Automated passport checks will also start to calculate how long you have been in the EU, and therefore automatically detect over-stayers (eg people who have over-stayed their visa or who have over-stayed their 90-day allowance). EES does not change any of the rules regarding length of stay, it just toughens up enforcement of them.

The first time that you cross an external Schengen border you will need to register additional details including fingerprints and a facial scan, and have them electronically linked to your passport. This takes place in a special zone at the airport/port/station that is your departure point.

Once you have completed the pre-registration, you then proceed to passport scanning.

The pre-registration only needs to be done once and then lasts for three years. Those three years renew every time you cross an external border, so regular travellers shouldn’t need to renew it until they get a new passport – at which point the pre-registration must be done again.

Does pre-registration have to be done at the airport/port/station? Can’t I do it on a website or app?

Advance registration is what many travel operators, especially in the UK, are calling for. They say that getting everyone to complete pre-registration in person on site will cause chaos.

However, the EU at the moment seems to be sticking to the original idea of in-person registration. There are a number of practical problems with trying to pre-register fingerprints, but a solution could yet be found.

What can I do now?

Many of our readers want to get organised now and register their details in advance to avoid border delays. Unfortunately this is not possible and at the moment all you can do is wait until the system comes into effect. Frustrating, we know.

What about dual nationals?

People who have dual nationality of an EU and non-EU nation (eg British and Irish passports or American and Italian passports) will not be required to complete EES checks if they are travelling on their EU passport.

If, however, they are travelling on their non-EU passport they would need to complete EES registration.

EES does not change any of the rules relating to dual nationality or to travelling as a dual national – full details HERE.

What’s the situation for non-EU citizens resident in the EU/Schengen area?

The European Commission is clear about one point: EES does not apply to people who have residency in an EU country. This is because a major part of EES is catching over-stayers – which of course does not apply to people who are resident here.

What the Commission is a lot less clear about is how this will work in practice.

Most airports/port/stations have two queues: EU passports and non-EU passports. It’s not clear which queue non-EU citizens resident in the EU should use, how they can avoid automated passport checks entirely and use a manned booth (so that they can show both a passport and proof of residency) or even whether manned booths will be available at all departure points.

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

How does this affect the 90-day rule?

Citizens of certain non-EU countries – including the UK, US, Canada, New Zealand and Australia – are entitled to spend up to 90 days in every 180 in the EU without the need for a visa.

EES does not change this rule, so all the current regulations and restrictions continue to apply.

READ ALSO: How does the 90-day rule work?

What EES does change is the enforcement of the rule – at present non-EU nationals have their passports manually stamped on entry and exit, and border guards use these stamps to calculate whether people are sticking to their 90-day allowance.

It’s a bit of a hit-and-miss system, passports don’t always get stamped when they should, sometimes border guards misread the stamps and sometimes passports get stamped in error. EES should solve all of these problems by using an electronic scan of the passport and automatically calculating the 90-day allowance.

It will make it much harder for people to over-stay (indeed, this is one of its stated aims) but for people sticking to the rules it should actually be easier and more efficient. Should. If it works as advertised, that is…

What’s the deal for second-home owners?

For non-EU citizens who own property in the EU, it all depends on whether they have a visa or limit their visits to 90 days in every 180, as described above.

People who use the 90-day allowance will be subject to EES and use the system in the same way as short-stay tourists.

People who have a visa are exempt and need to show their visa at the border. As described in the “non-EU residents in the EU” section, however, it’s far from clear how this will actually work in practice at the border.

Why is the UK-France border such a problem?

As discussed above, EES will apply to all EU/Schengen external borders, but the biggest fears so far are about the UK-France border.

So is this just the Brits whining about the easily foreseeable consequences of Brexit? Actually no, there are genuine reasons why this border is likely to be a problem, mostly relating to volume of traffic and infrastructure.

Although it is true that EES wouldn’t have affected the UK-France border if it hadn’t been for Brexit, the current reasons for the worries are more practical.

Put simply, the UK-France border is one of the busiest EU external borders that there is, with around 60 million people crossing per year. Of those travellers, around 70 percent are UK citizens, meaning they will have to complete EES formalities.

Add to that the limitations of space: several UK destination points, including the Port of Dover and Eurostar’s London St Pancras terminal, are already in cramped areas with very little expansion room, meaning that creating the new infrastructure to deal with EES checks is very difficult.

For context, the newly completed EES pre-registration area at Coquelles (Calais) covers 7,000 square metres, in order to accommodate up to 60 passenger vehicles simultaneously.

The final factor is the Le Touquet agreement – the 2003 bilateral agreement between France and the UK means that passport checks for people entering France are done on UK soil, and vice versa. This creates a unique situation where people travelling from Eurostar Gare du Nord or St Pancras, the ports of Dover or Calais or the Channel Tunnel terminals of Folkestone and Coquelles go through two sets of passport checks on departure, and none on arrival.

READ ALSO: What is the Le Touquet agreement?

The double passport checks mean that delays at one area can have severe knock-on effects.

Since Brexit, the Port of Dover has reported long delays at several peak times such as the start of the school holidays while Eurostar has been forced to cut the number of trains it runs per day.

EES implementation problems won’t be limited to the UK-France border, but the volume of people crossing the border means that even slight delays to one system can easily lead to hours-long queues.

What about Nato staff or people with diplomatic passports?

People who have a special status such as diplomatic passports will not have to complete pre-registration. However, as with other exempt groups such as non-EU residents of the EU or visa holders, it is unclear how this will actually work on the ground and which passport queue they should join.

Will I need an extra visa to enter the EU as a tourist?

EES does not change anything with regards to visas – in essence all the current visa rules stay the same, only the enforcement changes.

However there is another change coming down the track – ETIAS, which will affect non-EU citizens entering the EU as tourists or visitors.

You can find an overview of how it works HERE, but one thing we do know is that it won’t be introduced until after EES is up and running and (hopefully) most of the problems ironed out.

One unholy mess at a time.

Will it really be an unholy mess?

The European Commission says: “The main advantage of the EES is saving time. The EES replaces passport stamping and automates border control procedures, making travelling to European countries using the EES more efficient for the traveller.”

Hmm.

As outlined above, there could be infrastructure problems at several departure points, there is as yet little clarity on certain import details and of course all new systems take time to bed in.

After the first year of operation things are likely to get smoother – by this time most regular travellers will have already completed the pre-registration and will therefore by able to move straight into getting their passport scanned, leaving only new travellers to complete the pre-registration formalities.

That first year, however, looks like it could be a little chaotic at certain borders, especially the UK-France one, at peak travel times such as the start of school holidays.

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