Automatically translated version. May contain inaccuracies compared to the original.
Because of Russian attacks on border infrastructure, Ukraine is developing an action plan to move border crossing points onto the territory of neighboring EU countries and is preparing to install mobile shelters at 36 checkpoint facilities by the end of the year. In an interview with RBC-Ukraine, Deputy Minister for Community, Territory and Infrastructure Development Serhiy Derkach discussed talks with Poland and Slovakia, the legal nuances of the Schengen Code, and the shift to modular structures.
– What is the current status of agreements to move border and customs controls onto EU territory?
– We already have experience with joint crossing points on the territory of an EU member state. In Poland 4 of these operate fully, and coordinated control is in place at another. That’s when vehicles are first checked by one country’s service, and literally a meter past the barrier they’re checked by the other country’s service. With Moldova we have full joint control: a person hands over documents and receives them back with all stamps and checks from both countries. We are now developing a more detailed legal framework so such crossing points can be established going forward. The ones with Poland were opened long ago — before Poland joined Schengen. Today, to open new crossing points with other countries, we need to sign an agreement with each individually. We have such an agreement only with Moldova; we do not yet have one with EU member states. That’s why we are actively working with Poland and Slovakia — with both of these countries we have officially agreed separate drafts, but they have not yet been signed.
Read also: Ukrainian crossing points may be moved abroad because of attacks on grain trucks Poland sent this agreement to the European Commission to find out whether it meets all EU requirements. The Commission raised comments concerning the conformity of two provisions with the Schengen Code. However, these edits do not prevent Poland from signing the agreement. Negotiations with the European Commission are currently underway to find wording acceptable to both the Commission and Poland. After that we will be able to ratify the document.
Deputy Minister for Community, Territory and Infrastructure Development of Ukraine Serhiy Derkach (photo provided by the press service)
– How long can the approval processes take?
– There is no exact date. We have been working on this agreement for several years; it’s not a quick process. We planned to sign it at a conference in Gdańsk, but postponed because of the European Commission’s comments. On the Polish side, the Ministry of the Interior is responsible for the agreement and it is liaising with the relevant department in the European Commission to reconcile positions on those two provisions that became the main obstacle to signing.
– According to those agreements, which crossing points are we talking about?
– It’s a general framework that allows countries to open joint crossing points on the side of an EU member state.
– After the agreement is adopted, how long will it take to organize joint crossing points?
– It depends on the country. The question of moving crossing points to the other side can be considered in two contexts. First — when we build new points, we will make them joint on the other state’s side, and Ukraine will not have to spend money from the state budget. Existing crossing points will continue to operate unchanged unless there is a danger. The second factor is Russian attacks. This summer, for the first time since the full-scale invasion, the enemy began striking vehicle crossing points. First in Odesa region — Tabaky, Vynohradivka, Starokozache, and then strikes occurred near the Yahodyn-Dorohusk crossing on the border with Poland in Volyn. Previously, Russia had attacked only the ferry crossing at Orlivka on the border with Romania. So we must have a Plan B so that if, God forbid, this danger continues and we need to create an alternative — to move our part of a crossing point onto another country’s territory, for example Poland’s — then this agreement will definitely be useful. We planned to sign this agreement with each EU member state before strikes on crossing points, to create new ones rather than move existing ones.
– You say Ukraine won’t have to spend on joint crossing points — who will finance construction, the European Union?
– The crossing point is maintained by the state on whose territory it is located. If it’s on Ukraine’s territory, we are responsible for its maintenance; if it’s on another country’s territory, the neighboring country spends its own funds. So it’s an internal matter for the neighboring country where the funds will come from. In Poland, voivodeships are responsible for this. Crossing points are built with their funds, possibly with loans, international financing, etc.
– Are there similar agreements on joint crossing points with other countries?
– We sent such an agreement to Romania and Hungary. However, we have not yet received feedback from them. With Romania we have a plan to build five new crossing points on their side — this was previously set out in a memorandum. With Poland and Slovakia we are not currently planning to build new crossing points because we have a plan to expand existing ones. With these countries we can only discuss moving our control services to their side in case of real danger to crossing points in the region.
Read also: Moldova may move Ukrainian checkpoints onto its territory — What will change for passengers and large carriers if joint crossing points are launched? Will queues be shorter and controls faster?
– It depends on the infrastructure solution. When there is one crossing point and two countries work in sync, border crossing time is reduced somewhat. But to significantly reduce queues, new crossing points must be created. The question then is whether to build a joint one or two on either side of the border. New crossing points remove queue issues because more points mean more options for a carrier or driver to choose where to cross the border, thereby reducing queues everywhere. If individual crossing points are converted into a joint one, border crossing time will still decrease, but not dramatically. Our strategic goal is to build new joint crossing points on EU territory. That will speed up border bureaucracy and increase capacity.
– Whose rules will Ukrainian border guards and customs officers follow on EU territory?
– Ours, but also the agreement, which sets out the rights and obligations of the parties: what they can and cannot do. That agreement must be ratified by parliament, after which it becomes part of Ukrainian law.
– Do you plan to install mobile shelters at crossing points currently under attack?
– We are already working on that today. We have a task from Infrastructure Minister Mykola Kalashnyk to provide shelters at key crossing points. Moreover, at crossing points undergoing reconstruction or construction, full shelters are being created. For example, we built a large shelter at the Bila Tserkva crossing in Zakarpattia on the border with Romania, which was recently opened. For those crossing points not slated for construction or reconstruction, we are now purchasing mobile shelters. Our plan is for such protective structures to be at every crossing point.
– How long will it take to implement?
– We plan to have shelters installed at most, possibly all, crossing points by the end of the year. The current need is 77 mobile shelters. However, their number depends on the capacity of each shelter. For example, one protective structure might be for 50 people, another for 25, and then we would need two shelters there. So the figure 77 is relative. In total we have 41 vehicle crossing points across the border. Of these, effectively four are joint on Polish territory and one on Moldovan territory. Mobile shelters must be installed at the remaining 36. At some crossing points there will be permanent shelters, at others mobile ones.
– Aren’t other countries afraid that if they move crossing points onto their territory, Russia will strike their territory?
– This question has not been raised so far. I think Moldova and Poland certainly see the risk, because attacks on crossing points were 100 meters from them. Poland has already issued instructions to work on shelters at every crossing point. Moldova already has directives to ensure safety during air-raid alerts; they are working on installing shelters. I haven’t seen other countries start similar work yet, but we have informed everyone about the current situation and necessary safety measures, especially regarding minimizing concentrations of vehicles and people.
– Are you planning any other changes at crossing points?
– We have a Strategy for developing crossing points until 2030. We are currently finishing the bridge between the populated areas Yampil and Koseuts with Moldova; there will be a new crossing point. We hope to open it by the end of this year or the beginning of next. We plan two pilot projects — moving crossing points from existing locations onto Moldovan territory. We expect that by the end of the year we will be able to fully launch them on the neighbor’s territory with two services and thus create joint crossing points. Right now they operate as separate points — on Ukraine’s and Moldova’s territory. Joint points are a saving of money and resources. We see ourselves as a future EU and Schengen member. Eventually we will not have crossing points as such because there will be no border or need to cross it.
Read also: Ukraine’s border control could be moved to Poland due to Russian strikes on checkpoints Therefore our plan for the future is to move away from building large crossing points and to build everything using temporary modular constructions—modules that can be quickly installed so border guards and customs can start working immediately. When needed, we can remove them and repurpose them instead of investing large sums in developing border infrastructure.
– Will this plan be implemented with Ukrainian or EU funding until 30?
– It is mainly financed by Ukraine, but also with support from the European Union. Several of our crossing points are currently funded by the Connecting Europe Facility — we submitted projects to this program, won grants, and receive 50% funding. For example, European funds finance 50% of the expansion of the Porubne crossing on the border with Romania. The EU is also funding the development of the Lujanka crossing on the border with Hungary and a large service area near the Yahodyn crossing. In addition, we are attracting financing from the European Investment Bank. Literally two weeks ago the minister signed an agreement for 60 million euros. These funds will go toward building border infrastructure.
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