What the Mossos will be able to do in ports and airports

BarcelonaOne of the most repeated slogans of the Mossos d'Esquadra in recent years is that they are the police of Catalonia on land, sea and air. This phrase is strictly linked to the aspiration of the Catalan body, fully competent on the ground and to be so in the ports (the sea) and at the airport (the air). This issue has been the focus of discussions with the Ministry of the Interior in recent years, which concluded in 2023. with a pre-agreement for the Mossos to achieve these powers. "The Mossos will be deployed in the entire service area of airports and ports located in Catalonia, including both land and air areas, and inland maritime waters," it was said. This was the main point of a pre-agreement that fell through by decision of the Moncloa in the face of the electoral call in Catalonia. And this pre-agreement was also one of the first headaches for the new government of Salvador Illa. Meanwhile, Euskadi has already reached an agreement and the Ertzaintza has powers in these areas.

In the first security meeting of the socialist government, the Ministry of the Interior, led by Núria Parlon, and the Ministry of the Interior postponed the transfer of powers. The opposition cried foul, and President Isla had to rectify and assured that it would be done at the beginning of the year. Finally Parlon has postponed the assumption of new powers in September, an announcement that caught some Mossos commanders off guard, who knew nothing about it. Whatever the case, the Interior Ministry believes that the 800 agents who will leave the police school in the summer will be key to covering the positions that will be opened in ports and airports, and a good part of these Mossos will go to these destinations. Training will surely also be needed and everything will be gradual.

The agreement is taken for granted, but it is still being negotiated. Although knowledgeable sources indicate that work is being done with the pre-agreement of the previous legislature as a basis, it is not ruled out that there will be changes with respect to that document. It is also expected –the previous pre-agreement already made this explicit– that the advance in competences will not be to the detriment of the Spanish police, which will continue to be present in these points. For example, the National Police is competent in immigration matters and the Civil Guard in tax matters.

Visible changes

If everything goes according to plan, the assumption of new powers will be a visible step for the public, who will quickly notice the changes. Right now, according to sources within the force, the Mossos are finding that they cannot enter various areas of the airports. For example, there are patrols at El Prat airport, but once you pass the security check (when they scan your luggage and show your flight) you enter the so-called airside area. There are only people who are taking a plane there, and the Mossos, unless they have an express credential and in exceptional situations, cannot enter. If a robbery is committed before the security check, it is the responsibility of the Mossos. On the other hand, if it occurs after, it is the responsibility of the Civil Guard or the National Police. Although most robberies and thefts occur outside the security check, it is increasingly common, according to police sources, for thieves to buy a cheap plane ticket to access the airside area and rob passengers. It is also an area where incidents linked to domestic violence occur.

It is therefore foreseeable that with the transfer of powers the Mossos will be able to access, patrol and investigate all the events that occur in the air zone. Sources from the Catalan police point out that these are things that are taken for granted, but they do not yet have the exact guidelines. It is also not clear whether they will also go down to the runways, where the police forces carry out speed and alcohol controls on the vehicles (normally for loading and unloading) that pass by. The Mossos have been doing this for some time They are working to make a place for themselves in the airports: they have expanded their headquarters at El Prat airport and are building a larger one at Girona and Reus.

The ports

With the ports, the new powers, if everything remains as established, will also allow them to overcome barriers. In ports such as Barcelona or Tarragona there are restricted areas, which citizens cannot access, normally linked to goods. In fact, the Mossos cannot enter either, even if there is public disorder: it is the territory of the Spanish police. A month ago a worker at the port of Barcelona died in an explosion in a warehouse and the investigation is being carried out by the Civil Guard. With the new powers, it is expected that the Mossos will be able to overcome these barriers and also investigate these events.

Often, when the Catalan police force is asked internally about the new powers, they are asked to investigate the incidents. The America's Cup sailing event is used as an example: : the Catalan police then had an integral role in practically all areas of the port, including in the water. This was done with a simple administrative order, which would not complicate the legal framework of the new powers now.

The sea

As for the sea, the Catalan police do not currently have full powers. The pre-agreement of the previous legislature set the limit as far as the Mossos would have powers with their maritime police boats up to inland waters. To put it simply, it is all the water between the various gulfs that make up the Catalan geography. For example, all the inland water from Cap de Creus to Begur, and so on along the coast. The transfer of powers that is now on the table is also expected to reach here.

According to sources from the Mossos, this should resolve a case that is currently generating some controversy, which is the lifeless bodies floating in the water, very close to the coast. Normally the investigation is carried out by the Civil Guard, but with the new powers this should change. There are cases in which the Mossos had made attempts to take over the investigation if the person who was adrift arrived alive. the sand. In any case, most cases have ended up in the hands of the armed forces.

The origin of this controversy is a resolution of December 2019 of the National Commission of the Judicial Police which, after years of deadlock over competences, ruled that the competent police in maritime spaces was the Civil Guard. Since then, sources from the Mossos point out that the Spanish body has made an "extensive" interpretation of this order. In fact, the Generalitat reacted shortly after by creating the maritime police of the Mossos, still active. With the agreement of the security board, it is expected that this situation will also be clarified.