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CURRENT LEGAL PROVISIONS
The growing threat of terrorist attacks around the world has prompted many countries and international organizations to intensify their efforts aiming at increasing the level of safety of the travel documents. During its session in Thessaloniki on April 19th and 20th, 2003, the European Council stated that there was a need for common approach in relation to biometric identifiers or biometric data used in the documents of citizens of the third countries, passports of citizens of the European Union and information system (VIS and SIS II).
Work conducted within the European Union led to the establishment of solutions and agreements, which paved the way for the acceptance of the Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States.
The foregoing regulations connected with the new requirements imposed on passports and travel documents that entitle to cross the border and at the same time can be used to verify the identity of their holder put Poland as the EU Member State against new challenges in respect of issuance of passports and travel documents and control thereof. The implementation of the new policy called for the introduction of a number of new legal, organizational and technical solutions by Poland in a fairly limited amount of time.
The right of Polish citizens to free movement in the country and abroad is one of the basic constitutional rights. The legal and organizational solutions which were introduced are in accordance with the Article 52 of the Constitution of the Republic of Poland, which states that: ?(?) 2. Everyone may freely leave the territory of the Republic of Poland. 3. The freedoms specified in paragraphs 1 and 2 above may be subject to limitations specified by statute. (?)?.
According to the foregoing Council Regulation (EC) No 2252/2004 , Poland is under duty to introduce the first biometric feature in the travel documents which are issued for a period of time exceeding 12 months not later than on August 28th, 2006. The said Regulation, as a directly binding legal act, puts an obligation on the state institutions to issue such documents at the aforementioned date, nevertheless, to remain the integrity of the Polish law system and to give the state institutions the appropriate instruments necessary to fulfill the said obligation, a draft of the new Act on passport documents has been prepared.
On April 28th, 2006, a new Act on Passport Documents of July 13, 2006 came into force (Journal of Laws No. 143, dated August 10th, 2006, item 1027). . The said Act, together with executive regulations, will allow for the introduction of a coherent, safe and centralized passport information system, the main element of which will be the Central Record of Issued and Cancelled Passports.
Listed below are the current Polish and EU regulations in respect of passport documents:
the Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States – Polish version (75KB) - Amendments to the Polish version of the Council Regulation (EC) No 2252/2004 (40KB)
- The Act of July 13, 2006 on passport documents (700kb)
- The ordinance of the Minister of Interior and Administration, dated August 24th, 2006 on passport documents and the mode of proceedings in case a forgery or defects of the said documents are established and in case of the destruction thereof. (15MB)
- The regulation of the Council of Ministers, dated August 25th, 2006 on charges for the issuance of passport document and the refund thereof. (65KB)
All tasks concerning the development of the Polish passport system, including the legal, organizational and technical aspects, are defined in the document accepted by the European Committee of the Council of Ministers, dated 09.06.2006, which is entitled: "The program of adjustment of the passport system and travel documents issued to foreigners by the Polish authorities to the requirements of the law of the European Law":