Drakkar - Polish-Norwegian Course on Schengen Security

1. „Drakkar — Polish– Norewgian course for the security on the Schengen area” Training seminar "Increasing effectiveness in carrying out cross-border surveillance and pursuit coordination” Radom – Paprotnia - Legionowo, 6 - 9 October 2015

2. Objectives of the seminar • increasing efficiency in conducting pursuit operations. • improving organizational and planning skills related to the implementation of cross-border pursuit, • presentation of various and possible techniques used by the police to neutralize the existing hazards,

3. Objectives of the seminar • improving the knowledge of the participants about current algorithmsand procedures applied by the police in situations resulting in the need to take team action, • a smooth, fast and efficient use of forces and means at the disposal of the police to carry out activities,

4. Objectives of the seminar • improving the ability of police officers of anti-terroristunits • in terms of stopping dangerous criminals, • improving skills of rapid assessment of the situation, • organization of cooperation of Combat Teams participatingin the training.

5. Participants • Police officers of the Independent Counter-Terrorism Police Subdivision of the Regional Police HQ in Poznan; • Police officers of the Independent Counter-Terrorism Police Subdivision of the Regional Police HQ in Kraków; • Police officers of the Independent Counter-Terrorism Police Subdivision of the Regional Police HQ in Łódź; • Police officers of the Sapper - Pyrotechnic Section of the Implementation Department of the Warsaw Police; • Police officers of the Anti-Terrorist Sections of the Regional Police HQ in Radom; • Police officers of the police Mazovia garrison executing: • staff tasks, • tasks within the structures of Supernumerary Negotiating Team / Anticonflict Team of the Regional Police Commander in Radom, • tasks in traffic cells.

6. Cross-border pursuit - legal basisfor police action • The Police Act of 6 April 1990 (Official Journal 07.43.277 as amended). • Convention implementing the Schengen Agreement of 14 June 1985 (Official Journal UE L of 22 September 2000). • Act of 6 June 1997 The Criminal Code (Official Journal 97.88.553 as amended). • Ordinance No. 1355 of the Commander-in-Chief of Police of 20 December 2007 on the methods and forms of organizing and carrying out chases and organized pursuit activities by the police (Official Journal KGP 08.1.1 ). • Ordinance No. 23 of the Commander-in-Chief of Police of 24 September 2014 on the methods and forms of preparation and implementation of Police activities in connection with the events of crisis (Official Journal KGP 2014.65). • Police procedures for conducting pursuit, the General Police Headquarters 2000, collective work.

7. Cross-border pursuit - genesis of the Schengen Agreement • Poland joined the Schengen zone on 21 December 2007 and is committed to applying the provisions contained in the Convention implementing the Schengen Agreement of 14 June 1985. • The agreement known as Schengen I and signed in Schengen in Luxembourg by 5 countries of the European Community (Belgium, France, Germany, Luxembourg and the Netherlands) had the nature of a political agreement between Member States. • The agreement provided for the gradual abolition of internal border controls at the common borders of the Contracting Parties with the aim to facilitate free movement of persons and goods.

8. Cross-border pursuit - genesis of the Schengen Agreement • Since 1986 a simple visual inspection has been introduced at borders with respect to vehicles crossing them at a reduced speed. On 26 March 1995 border controls were completely abolished. In 1995 under the agreement of 1990, Spain and Portugal also became full members of the Group. Italy, Greece, Austria and the five Nordic countries (Denmark, Finland, Sweden, Norway, Iceland) were granted the observer status. • Such solutions have committed the state-parties to the Agreement to extend the contents of the provisions by adopting on 19 June 1990 the Schengen II, namely the Convention implementing the Schengen Agreement. The Schengen II emphasizes the special role of police cooperation in combating cross-border crime, especially organized crime groups. • This cooperation is regarded as an essential element in the consolidation process of the area of security, freedom and justice. 

9. Cross-border pursuit - genesis of the Schengen Agreement • The system is open to all members of the European Union. The consequent free movement of persons within the so-called Schengen zone applies not only to citizens of countries who are its signatories, but to all people of all nationalities and citizenship that cross internal borders in the area covered by the agreement. • The Schengen Agreement has so far been adopted by 22 European Union countries plus Icelandand Norway, which are part of Passport Union of Nordic Countries, and Switzerland and Liechtenstein, which is associated with the Schengen group. • The adoption of legislation under the Schengen Agreement is one of the requirements of membership in the European Union.

10. Concepts related to conductingpursuit-related activities by the police Command of Police actions in situations associated with conducting domestic or cross-border chases directly related to the organizational efficiency of certain cells within the Police units. This issue has a decisive influence on the efficiency of operations and optimum use of manpower and Police resources. • chase - action in the form of police intervention aimed to apprehend the person prosecuted; • domestic chase - chase or organized pursuit activities carried out on the Polish territory, aiming to apprehend the person prosecuted;

11. Concepts related to conductingpursuit-related activities by the police • person prosecuted - a person with respect to whom there are grounds to take actionunder Art. 15 (1) (2) (2a) and (3) of the Police Act, namely: • detention of persons according to a modality and in cases referred to in the Code of Criminal Procedure and other laws on pursuit of people, • detention of persons deprived of their liberty, who, upon authorization of the competent authority left the detention centre or prison and did not return to it before deadline • detention of persons obviously posing a direct threat to human life or health, as well as to property, • sentenced, detained or arrested, who escaped from the place of isolation or convoy, • prosecuted persons.

12. Concepts related to conductingpursuit-related activities by the police • cross-border chase - chase or organized pursuit activities carried out in at least two countries or - in the case of takeover of the pursuit from police officers of another country - in the Polish territory; • direct pursuit - action at a predetermined direction of escape of the prosecuted person; • parallel pursuit - action on the roads adjacent to the route of escape of the prosecuted person in order to overtake, cut off the road or arrest the person; • combined pursuit - pursuit operation combining direct and parallel pursuit .

13. Cross-border pursuit • Leading pursuit operations in the territory of a country, it is possible that the chased offender crosses the border state. In this case, Police must practically stop prosecuting perpetrators as they crossed the border of a neighbouring country. • The Convention Implementing the Schengen Agreement provides, however, exceptions to this rule - police officers have a possibility of crossing the borderand continue pursuit in the territory of the neighbouring country underconditions set out in Art. 41 (hot "cross-border" pursuit).

14. Cross-border pursuit In accordance with § 12 section 1 of Decree No 1355/07 of the Commander-in-Chief of Police, cross-border pursuit is carried out to an extent and in a manner prescribed by the provisions of international treaties and agreements, as well as rules posed by international organizations, if an international agreement ratified by the Republic of Poland stipulates directly the application of such regulations. In accordance with this provision, Poland is concerned with procedures contained in the text of Art. 41 of the Schengen Convention implementing the Schengen Agreement.

15. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement Art. 41. 1. Officers of one of the Contracting Parties who chase, within the territory of their own country, a person prosecuted caught while committing or participating in the commission of: • a murder, • an involuntary manslaughter, • a rape, • an arson, • counterfeiting of money, • a burglary, a robbery and receiving stolen goods, • an extortion, • kidnapping and holding hostages, • trafficking in human beings,

16. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement Art. 41. 1. Officers of one of the Contracting Parties who chase, within the territory of their own country, a person prosecuted caught while committing or participating in the commission of: • illicit trafficking in narcotic drugs and psychotropic substances, • violations of legal regulations on arms and explosives, • unintentional causing damage through the use of explosives, • illicit transportation of toxic and hazardous waste, • failing to stop and not giving particulars after an accident which resulted in death or serious injury

17. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement Art. 41. 1. Officers of one of the Contracting Parties who chase, within the territory of their own country, a person prosecuted caught while committing or participating in the commission of: • extraditable offenses are entitled to continue pursuit in the territory of another Contracting Party without the prior consent of the latter, if, given the particular urgency of the situation, it is not possible to notify the competent authorities of the other Contracting Party-State via appropriate means of communication before entry into that territory or where these authorities are unable to reach the scene in time to take over the pursuit. The same rules apply to situations in which the person being pursued has escapedfrom provisional custody or while serving a prison sentence.

18. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement No later than upon crossing the border, are the pursuing officers required to contact competent authorities of the Contracting Party-State in whose territory the pursuit is to take place. Pursuit will cease when the Contracting Party-State in the territory of which the pursuit is taking place so requests. At the request of the pursuing officer, the competent local authorities shall arrest a person in order to establish their identity or to make an arrest.

19. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement Chase is conducted in accordance with one of the following procedures, defined by the declaration made by each Contracting Party-state, which has a common border: • Pursuing officers shall not have the right to apprehend the person prosecuted; • if a request to cease the pursuit has not been sent and if the competent local authorities are unable to intervene quickly enough, the pursuing officers may detain the person pursued until the pursuing officers of the Contracting Party-State in in whose territory the pursuit is taking place, (and who should be informed immediately), are able to establish the person's identity or make an arrest.

20. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement Cross-border pursuit is conducted without restrictions on time, unless the declaration made by the party-state provides otherwise. Pursuit shall be organised only when the following general conditions are met: • The pursuing officers must comply with the provisions of Art. 41 of the Convention implementing the Schengen Agreement and laws of the Contracting Party-State in whose territory they are operating; they must obey instructions issued by the competent local authorities; • pursuit shall be organised solely over land borders; • entry into private homes and places not accessible to the public shall be prohibited;

21. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement • The pursuing officers shall be easily identifiable by their uniform or an armband or by accessories fitted to their means of transport; use of civilian clothes combined with the use of unmarked vehicles without the aforementioned identification is prohibited; the pursuing officers must be able at any moment to confirm that they are acting in an official capacity; • The pursuing officers may carry their service weapons; its use is prohibited, except in cases of legitimate self-defence; • after an arrest of a person prosecuted in order to make them appear before the competent local authorities, that person may only be subjected to a security search; during the transfer handcuffs may be used; objects carried by the person may be seized;

22. Cross-border pursuit - Art. 41 of the Convention Implementing the Schengen Agreement • after each operation, pursuing officers shall appear before the competent local authorities of the Contracting Party-State in whose territory they were operating and shall report on their mission; at the request of those authorities, they shall remain at their disposal until sufficiently explaining the circumstances surrounding their action; the aforementioned condition shall apply even if the pursuit has not resulted in the arrest of the person pursued; • authorities of the Contracting Party-state, where the pursuing officers originate from, at the request of the authorities of the Contracting Party in whose territory the pursuit is taking place, shall assistin carrying out explanations following the operation in which they took part, including legal proceedings.

23. Cross-border pursuit - decree 1355/07 of the Commander-in-Chief of Police Conditions of conducting cross-border pursuit apply to police officers of each Contracting Party-state, moreover, Ordinance No. 1355 of 20 December 2007 of the Commander-in-Chief of Police stipulates specific requirements and tasks that concern Polish police officers in the event of cross-border pursuits, i.e.: • during cross-border pursuit, exchange of information takes place via service on duty of relevant police organizational units, • while conducting cross-border pursuit, police immediately and constantly provide information about the situation to a officer on duty of a given police organizational unit or the police operation commander during a pursuit conducted in the Polish territory or to the competent authority of a state during a pursuit conducted outside the territory of the Republic of Poland;

24. Cross-border pursuit - decree 1355/07 of the Commander-in-Chief of Police • at the request of an officer on duty of a given organizational unit or the police operation commander, police officers take over a pursuit from state officials who conduct a chase in the Polish territory together with the apprehended person and all seized objects; • Police officers conducting a cross-border pursuit are obliged to comply with domestic legal regulations and requests of the competent authorities of the state in whose territory the pursuit is conducted, show their official identity card at every call of police officers of the competent authority of the state in whose territory the chase is conducted; • When the pursuit is finished, police officers submit to the competent authority of the state in whose territory the pursuit was conducted, a report on the activities performed;

25. Cross-border pursuit - decree 1355/07 of the Commander-in-Chief of Police • in the case of crossing the state border by the police leading a national chase, a police officer on duty of a given police organizational unit forwards to an officer on duty of the parent police organizational unit information to enable identification; • after receiving information about a cross-border pursuit being conducted in the territory of Poland by officers of another Member State, a police officer on duty of a given police organizational unit directs forces and resources in order to immediately take over the pursuit and passes to an officer on duty of a parent police organizational unit information identifying the officers taking over the chase.

26. C Cross-border pursuit - the role and responsibilities of a police officer on duty of regional police headquarters Cross-border pursuit is conducted in the framework of a police operation; from the moment of obtaining information about the initiation of this pursuit until appointment of the operation commander, all activities related to the chase are coordinated by an officer on duty of a given regional police headquarters. He is obliged to: • maintain constant communication with subordinate units carrying out cross-border pursuit; • inform the commander of the regional police and the officer on duty of the General Police Headquarters about the progress of cross-border pursuits; • gather relevant information about the person prosecuted;

27. Cross-border pursuit - the role and responsibilities of a police officer on duty of regional police headquarters • provide information relating to cross-border pursuit to officers of another state conducting cross-border pursuit in the Polish territory, and to the competent authorities of that country; • provide information relating to cross-border pursuits to police officers conducting the chase outside the border of the Republic of Poland, as well as to the competent authorities of the state in whose territory the cross-border pursuit is being conducted.

28. Cross-border pursuit - the role and responsibilities of a police officer on duty of regional police headquarters The scope of information provided by the police officer on duty of regional police headquarters includes in particular: • The cause of cross-border pursuit initiation, • the number of persons prosecuted, their description, characteristics such as clothing, behaviour, dangerous objects in their possession; • number, type and characteristics of the means of transport used by the person prosecuted, such as: brand, type and colour of the vehicle, registration number and other distinguishing characteristics; • the direction of movement of the person prosecuted, positions of officers conducting the chase, data such as road marking, name of the townand other important information.

29. Cross-border pursuit - the role and responsibilities of a police officer on duty of regional police headquarters • number of police officers conducting cross-border pursuit, the identity of the commander of the pursuit group, characteristics of clothing, such as: full official uniform or its elements, weapons possessed, technical and communication means; • estimated time and place to take over the pursuit; • time and place of the intended crossing of the state border; • number, type and characteristics of means of transport,in particular make and type of vehicle, registration number, its marking or other distinguishing characteristics; • features identifying the officers appointed to take over the cross-border pursuit.

30. Organization of pursuit operations Police officers performing their duties often must conduct a pursuit of the perpetrator of a crime or an offense. Such pursuit does not always end up in apprehension of the perpetrator at the point of undertaken intervention. Such activities often require use of forces and means, which can move in the territory of other units, which will require cooperation with other police units. Organized pursuit activities are conducted by police organizational units appropriate due to the site of action of the person prosecuted, as well as confirmed or reasonable assumption of presence of the person prosecuted.

31. Organization of pursuit operations As part of organized pursuit operations, the following activities carried out: • blockade actions; • dynamic stopping. Interruption or discontinuation of organized pursuit operations occurs: • after exhausting all the possibilities of detaining the person prosecuted. • with the consent or on order of a superior, an officer on duty of a territorially competent police organizational unit or a commandor of these operations,except of the case of a direct threat to life or health of third parties.

32. Organization of pursuit operations Organized pursuit operations taking place in more than one voivodeship are coordinated by an officer on duty of the General Police Headquarters or a police officer appointed by the Commander-in-Chief of Police. At the command of the Commander-in-Chief of Police, an officer on duty of the General Police Headquarters directs police forces and means at the disposal of regional commanders of the Police. In the case of conducting organized pursuit operations within the territory of more than one county (poviat), they are coordinated by a regional police officer on duty or a police officer appointed by the commander of the regional police. At the command of the regional police commander, a regional police officer on duty directs regional police forcesand means at the disposal of respective district police commanders.

33. Organization of pursuit operations Forces and resources provided for organized pursuit operations are determined in the commander’s action plan, referred to in separate regulations. The commander’s action plan - a document setting out objectives and organization of police operations, type and manner of performing specific tasks, forces and police measures used in the operations, as well as specifying subordination and principles of cooperation and coordination during the operation. Regional police officer on duty, until the appointment of the commander of the police operation: • coordinates organized pursuit activities; • collects and exchanges information on the course of pursuit operations with relevant regional police officers on duty; • in justified cases, exchanges information with officials of the competent authorities of other countries.

34. Organization of pursuit operations Regional police officer on duty: • Allocates to the organized pursuit operations forces and resources from other police organizational units in the territory of a voivodeship if actions carried out by regional police headquarters have no chance of achieving the objective; • coordinates activities of district police headquarters until the commander of police operations is appointed by a regional police commander; • transfers information about the current course of action to the commander of the regional police and the officer on duty of the General Police Headquarters, and, depending on the situation, to officers on duty of neighbouring regional police headquarters and officers on duty of inter cooperating services,

35. Organization of pursuit operations Regional police officer on duty: • agrees with the spokesman of the regional police headquarters the need to transmit to the media a statement informing about the incident and conducted organized pursuit operations; • in justified cases, asks a officer on duty of the General Police Headquarters for assistance from other regional police commands.

36. Organization of pursuit operations Head of the organizational unit of the Police is responsible for creating conditions for the smooth conduct of organized pursuit operations, including: • maintenance of the alarm system of organizational unit of the Policeand ongoing update of the system; • checking dispatchers' knowledge of behaviour scenarios and topography; • preparation of manpower of the organizational unit of the Police to carry out activities through in-service training of police officers, including those who are supposed to take over as commanders and staff officers during a police action or operations; • provide and maintain a smooth flow of information; • supervision of the communication system, technical condition of means of transport, as well as the possessed equipment and weapons.

37. The role of the police helicopter During organized pursuit operations, police can use aircraft, but it depends on assessment of the legitimacy of its use, as well as on weather conditions. During organised pursuit of operations, aircraft can be used for: • conducting reconnaissance and patrol, as well as coordination of operations; • shortening the time of movement of forces and means; • organising air command post. The course of action with the aircraft is recorded by means of technical means available. During the flight, the aircraft commander is obliged to keep a safe distance from the person prosecuted, taking into account the possibility of shooting at the aircraft.

38. Police equipment Managers of organizational units of the Police at the time of conducting pursuit operations, in the event of a national or cross-border pursuit, must provide police officers with equipment depending on the necessary resources depending on the nature of operations, in particular: • road spikes, equipment and other coercive measures; • helmets and bulletproof vests; • means: a) means of transport, b) means of communication, c) simulators; • portable traffic signs, barriers and other measures and equipment; • lighting and broadcast equipment; • plans and maps; • other specialized equipment.

39. Crisis events An event caused by unlawful attacks that may endanger life or health of people or property, characterized by the possibility of losing control by the person responsible for security and public order in the scene or escalation of the threat to an extent requiring, in order to protectsafety and public order, the use of police officers organized into compact branches or units.

40. Event crisis directory • mass events of higher risk and the movement of their participants, • meetings, whose organisation, on the basis of risk analysis, might lead to threat to life and health of people or property, as well as to security and public order. • road blockades and occupations of buildings, • organized chase activities • collective breach of security and public order; • other situations that may endanger life and health of people or property, as well as security and public order, characterized by the possibility of losing control of events or escalation of threats, which, in order to be prevented or liquidated, require directing an increased number of police officers, including officers organized in compact branches or Police units of anti-terrorist units or cells.

41. Organizational forms of police operations • interventions; • preventive protection; • actions, • operations.

42. Intervention In the event of a crisis event or if it is probable that such event might occur, directly in the vicinity of such event, intervention shall be taken with the participation of forces and resources that are currently available to the dispatcher of the territorially competent police unit. Command of the intervention • The police officer who arrived at the scene as the first one; • The commander of the patrol or the police officer on duty or appointed by the head of the police unit having territorial jurisdiction over the place of an incident. Documenting • notebook; • note.

43. Preventive security; Preventive security - a set of organizational undertakings at the level of intervention in order to prevent the occurrence of incidents violating legal standards in situations where the hazard analysis* indicates that their occurrence is possible or there is a high probability of a crisis event. * it is prepared obligatorily while implementing preventive security • Command of preventive security • Head of Police unit having territorial jurisdiction over the place of a crisis event; • police officer appointed by him. • Documenting The command does not indicate a documenting method of projects implemented as part of preventive security. Documentation method remainsat the discretion of the commanding officer.

44. Police action In the event of a crisis event, and if its kind and the accompanying circumstances indicate that it is not possible to take effective intervention using available forces and means, police action is undertaken and managed by a commissioner of regional police, a commissioner of district police or their deputies.

45. Command - commander of the action • Commissioner of regional police territorially competent for the place of a crisis event or his deputy; • Commissioner of regional police territorially competent for the place of a crisis event or his deputy; • A police officer appointed by a commissioner of the regional or district police, appropriately trained*, having relevant commanding abilities and experience. *course for commanding officers of police actions / operations

46. Command - deputy of the commanding officer • Deputy of the commanding officer - deputy of a commissioner of the regional police, a commissioner of the district police, their deputies or a police officer designated by one of them appropriately trained*, having relevant commanding abilities and experience - replacing the commanding officer during his absence; *course for commanding officers of police actions / operations • Deputy of the tactical action officer - deputy of the commanding officer, riot police commander, autonomous riot police commander, non-tenured division, sub-division of preventive police or their deputies (no training required).

47. Documenting the action Command of the action takes place upon a written decision of the commissioner determining the following: 1) purpose of the action; 2) The commander of the action, his deputy, deputy of the tactical action officer and their basic tasks (deputy of the tactical action officer should obligatorily be noted) 3) chief of staff of the commander of the action; 4) The staff of the commander of the action; 5) any transfer of competences to the commander of the action to make decisions and issue commands concerning the use of coercive measures by riot police units and subunits. It is allowed to split the action into sections associated with various events if they are simultaneously focused on the implementation of the main goal of the action and a section can be split into subsections aimed at the implementation of the section.

48. Documenting the action - cont. • Action is carried out according to the plan of action of the commander; annexes to the action plan may include: • A graphic plan of activities envisaged and hitherto carried out (plans and maps should be marked using prearranged indications) • Documents complementary to the plan, resulting from a change in circumstances, appearance of new information, which might significantly affect the implementation of tasks and course of action, • complementary elements that have not been included in the action plan, • Legal provisions related to the ongoing action; • the basis for the preparation of an action plan of the commander of the action may be a pre-formulated concept, approved by the superior of the commander of the action; • the commander’s action plan prepared by the chief of staff of the commander of the action is approved by the commander of the action.

49. Police operation - level of the General Police Headquarters Commander-in-Chief of Police manages the operation when: • crisis event covers an area of more than one regional police headquarters, or its occurrence is very likely; • During the activities at the territory of the relevant regional police headquarters, prolonged in time or which require the support of the forces of branches, sub-units or units of the riot police or anti-terrorist units outside of the capacity of the relevant regional police headquarters, and in the case of security emergency state and during the war.

50. Police operation — management of actions Management of operations on the basis of a written decision of Commander-in-Chief of Police / regional police commissioner, containing in particular: (the same as in action + pt. 6) • the purpose of the operation; • the operation commander, his deputy, deputy of the tactical action officer and their primary tasks; • Chief of Staff of the operation commander; • headquarters of the operation commander; • any transfer of competences to the commander of the operation to make decisions and issue commands concerning the use of coercive measures by riot police units and subunits. • orders to subordinate head officers and organizational units with respect to implementation of tasks for operations specified by the operation commander.