Fiches Belges

Yes. Generally, the cross-border surveillance is applicable on the basis of the Article 40 of the Schengen Convention and/or bilateral treaties. However, it is also possible on the basis of the EIO Directive if conducted in order to secure an evidence.

EIO Directive (Annex A). Convention implementing the Schengen Agreement of 1990 (CISA) – EU Convention on mutual assistance and cooperation between customs administrations (Naples II) – Bilateral treaties on Police cooperation (with Lithuania, Germany and Slovak Republic).

Under the EIO Directive – the Circuit Prosecutor’s Office (Prokuratura Okręgowa) having the territorial jurisdiction. Under CISA and multi-/bilateral treaties usually Police, or other LEA depending on their domestic competence. POLISH-GERMAN BORDER: Police, Border Guard, Customs Cooperation Centre and the Commander in Chief of the Police POLISH-SLOVAK BORDER, POLISH-LITHUANIAN BORDER: Commander in Chief of the Police.

EIO – Polish, only exceptionally in urgent matters and if the basis for the cross-border observation is the EIO Directive, English. Otherwise – Polish or English.

According to the EIO Directive deadlines. Otherwise - Authorisation of the requested Member State required within 5 hours after the border was crossed.

Since the transposition of the EIO Directive the cross-border observation may be applied on the basis of the EIO under the condition that there is a prior agreement between the Polish Police/other LEA and the competent authority of the issuing Member State, which enables a Polish prosecutor to confirm such EIO issued by the Polish Police/other LEA, or to issue a decision on executing such EIO issued by the competent authority of another EU Member State. Otherwise, usually with neighbouring countries this measure is applied as a form of a Police-to-Police cooperation and then the cross-border observation of persons is not considered as a form of judicial assistance and hence no involvement of judicial authorities (in Poland a court or a prosecutor) is envisaged. Police/other LEA may cooperate in cross-border observation provided that Poland is a party to certain international agreements. Such agreements include: Convention implementing the Schengen Agreement of 1990 (CISA) and bilateral instruments with neighbouring countries, like Germany, Lithuania, Slovakia.