Judgment_paragraph 52 · Criminal proceedings against A (C-9/16)

52In the third place, as regards the question of whether the exercise of control powers granted, in the present case, by point (3) of Paragraph 23(1) of the BPolG has an equivalent effect within the meaning of Article 21(a) of Regulation No 562/2006, it must be recalled that the fact that the territorial scope of those powers is limited to a border area does not suffice in itself to warrant the finding of such an effect. The first sentence of that provision refers expressly to the exercise of police powers by the competent authorities of the Member States under national law, also in border areas (see, by analogy, judgments of 22 June 2010, Melki and Abdeli, C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 72, and of 19 July 2012, Adil, C‑278/12 PPU, EU:C:2012:508, paragraph 69).