Council of the European Union Brussels, 7 June 2018 (OR. en)

9310/06 DCL 1

SCH-EVAL 86 COMIX 451

DECLASSIFICATION of document: ST9310/06 RESTREINT UE/EU RESTRICTED dated: 12 May 2006 new status: Public Subject: Schengen evaluation of the new Member States - Questionnaire - Additional questions presented by the French delegation - Reply from Czech Republic

Delegations will find attached the declassified version of the above document.

The text of this document is identical to the previous version.

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DGF 2C

EN

COUNCIL OF Brussels, 12 May 2006 THE EUROPEAN UNION

9310/06

RESTREINT UE

SCH-EVAL 86 COMIX 451

NOTE from : the Czech delegation to : the Schengen evaluation Working Party No. prev. doc. : 7053/06 SCH-EVAL 36 COMIX 227 Subject : Schengen evaluation of the new Member States - Questionnaire - Additional questions presented by the French delegation - Reply from Czech Republic

Referring to additional questions to the Schengen evaluation questionnaire presented by the French delegation (doc. 7053/06 SCH-EVAL 36 COMIX 227), the delegation of the Czech Republic hereby submits its replies:

 1. Please provide a forward plan for the redeployment of staff monitoring the land borders.

After the accession to the , the Czech Republic shall have only air borders.

As already stated i.a. in the answers of the Czech Republic to the additional questions concerning border management presented by the Commission Services (doc. 6549/06 SCH-EVAL 20 COMIX 178), the Czech Republic has approved a plan for reorganization of the Alien and Service into the Alien Police Service that reflects changes relating to the full participation of the Czech Republic in the Schengen cooperation and abolition of at its land borders.

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Staff currently deployed for border control of the land borders will be by majority taken over by the reorganised Alien Police Service and deployed within its new organisation entities. Out of 4 415 officers currently carrying out border control at future internal borders (land borders), approximately 865 officers will be placed within the Police of the Czech Republic to fulfil other tasks of the Police.

The abolition of border control at land borders will result in an increase of staff deployed for border control at the international airports. This process has been launched and will further continue (see the answer to question no 4 of the evaluation questionnaire addressed to the new Member States (doc. 15557/05 SCHEVAL 117 COMIX 822 RESTREINT)).

Should the Czech Republic carry out control of external Schengen border at its land borders, the respective Regional Directorates of the Alien and Border Police Service shall be both personally and technically strengthened. For this purpose, the capacities of those organisation entities in charge of internal land borders shall be used.

Another special plan for redeployment of staff carrying out control at the land border does not exist and its elaboration is not envisaged with regards to the presumption that the entire land borders of the Czech Republic shall be the internal border of the Schengen area.

 2. Please provide examples of coordination between the police and authorities with regard to combating cross-border crime.

Coordination and cooperation of the Police of the Czech Republic and the Customs Administration of the Czech Republic is based on the Competence Act (No. 2/1969 Coll., as amended) and paragraph 7 of the Criminal Code (No. 140/1961 Coll., as amended). The principle of coordination and cooperation is further elaborated by the agreement between the Police Presidium of the Czech Republic and the Customs Administration of the Czech Republic – General Customs Directorate. In the long term, the coordination takes place at central level on the basis of personal meetings that are organised several times a year.

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A number of examples of joint operations between the police and customs authorities combating cross-border crime in the field of drug production and trafficking were already given in the answers to additional questions presented by the Commission Services (doc. 6549/06 SCH-EVAL 20 COMIX 178).

Further, the cooperation of the police and customs authorities e.g. aims at combating illegal migration across the state borders, in particularly when vans and lorries are being used. Following information gathered by the Police of the Czech Republic, staff and means of the customs authorities are used for coordination, joint detection and prevention of illegal crossing of the state borders. The Alien and Border Police enjoy cooperation with the customs authorities that are authorised to open stowage space of a vehicle even on the territory of the Czech Republic. The customs authorities possess a special vehicle equipped with an X-ray frame detector. The Alien and Border Police are informed about deployment of this vehicle and can require it in case of information on illegal transport of persons.

This cooperation also takes place in the framework of a so-called “veil surveillance”. Joint patrols of the Alien and Border Police, customs authorities and transport police operate in the area of up to 25 km from the state border where they control vehicles in the case of suspicion of illegal transport of aliens.

Another concrete example of the police-customs cooperation is demonstrated in joint transport operations in which the Customs Administration, Police of the Czech Republic and Centre of Services for Road Transport participate. These operations take place every month and cover the following types of actions: control of aliens transported in vehicles, search for persons and things, supervision of fulfilment of obligations during transport of dangerous goods, control of transport permissions, supervision of fulfilment of crew ´s obligations in international traffic, weighing of lorries and control of paid fees for usage of highways and high-speed road. The acquired findings are at the disposal of the Ministry of Finance, Ministry of the Interior and Ministry of Transport.

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 3. Do the Border and Aliens Police have access to the APIS-PNR personal data on passengers collected by carriers?

The access of the Alien and Border Police to the APIS data, which is currently not available, is under preparation and is linked to the transposition of the Council Directive 2004/82/EC of 27 April 2004 on the obligation of carriers to communicate passenger data into the Czech legal system. The obligation of the air carriers to communicate information on passengers to authorities carrying out border control at the airports is foreseen in the new amendment of the Civil Aviation Act (No. 49/1997 Coll., as amended), which was passed by the Chamber of Deputies of the Parliament of the Czech Republic, discussed by the Senate and on 4 April 2006 returned with the amendment proposals (none of which relates to the above stated Directive) back to the Chamber of Deputies. The entry into force is expected in July 2006.

As far as PNR data are concerned, the Alien and Border Police do not have direct access to these data. The possibility to access PNR personal data in the future will be connected to the development of EU legislation in this field arising from the EU Action Plan on combating terrorism.

It should be noted, however, that the Police of the Czech Republic has the right to require information from the carriers in individual cases.

 4. Please provide details of the numbers of border control staff at individual airports.

The number of staff deployed for border control and surveillance at international airports of the Czech Republic has been previously stated in the answers to question no 4 of the evaluation questionnaire.

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More up-to-date information (as of 1 March 2006) on the planned and real number of staff present at international airports reads as follows:

Planned numbers Real numbers Police officers Civilians Police officers Civilians Karlovy Vary 45 1 22 1 Pardubice 35 - 11 - Brno - Turany 45 1 39 1 Ostrava–Mosnov 45 - 31 - Praha – Ruzyne 420 4 303 4 Total 590 6 406 6

With regards to other airports that operate international flights on an irregular basis, the airport operator has the legal obligation to give notice to the Alien and Border Police Service and the Customs Administration about the arrival and the departure of aircrafts on external flights. The Alien and Border Police Service and Customs Administration shall subsequently deploy the necessary personnel in order to carry out border and customs control.

 5. With regard to the continuing training of border control staff: (a) What activities have taken place over the past four years: how many courses have been organised, on what subjects, for how many officials, how long did they last and what form did they take?

Regarding further professional training of police officers deployed for border control, the following courses have taken place since 2003:

I. specialized course for heads and deputy heads of the Alien and Border Police Units: five- week course dedicated mainly to the following issues: alien and border police service, law, police management, police psychology, public order service, informatics and PC; the course comprises lectures and solution of model situations.

2003 2004 2005 2006 Total Number of courses 4 8 8 1 Number of participants 55 117 108 9 289

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II. course of further professional preparation of police officers in direct service of the Regional Directorates of the Alien and Border Police Service in Brno, Ostrava, Usti nad Labem and Praha: one week course covering the issues of alien and border police service, public order police service, traffic police service, law and police psychology and deontology.

2003 2004 2005 2006 Total Directorate of Alien and Border 9 27 49 5 Police – number of courses - number of participants 257 740 1482 117 2590 Alien Police departments 3 7 9 3 – number of courses - number of participants 79 168 162 39 448

III. specialized course for professional preparation of head and deputy head police officers of Alien Police Departments: five-week daily course covering the issues of alien and border police service, law, police management, police psychology, public order police service, informatics and PC.

2003 2004 2005 2006 Total Number of courses - - 2 3 Number of participants - - 28 34 62

IV. specialized course for professional preparation of officers of Criminal Offence Investigation and Management Groups of the Directorate of the Alien and Border Police Service Praha and Criminal Activity Investigation and Documentation Groups of the Regional Directorates of the Alien and Border Police Service: 14 – day course covering the issues of law, criminalistics, psychology and administration techniques. Separate one-day training takes place every week at the Praha Ruzyne Airport for cca 20-25 police officers, which focuses on Schengen issues, detection of falsified and counterfeited documents and service. Over the last 4 years, each police officer has participated in approx. 5 such trainings per annum.

2003 2004 2005 2006 total Number of courses - - - 2 Number of participants - - - 30 30

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(b) What activities are planned for 2006 and 2007: how many courses will be organised, on what subjects, for how many officials, how long will they last and what form will they take?

In 2006, the following courses shall be organised: - currently running a course for 15 heads and deputy heads of Alien Police Departments (end of the course: May) - course of similar nature for heads and deputy heads of Directorates of Alien and Border Police (start of the course: September)

Further, three 14-day courses for 45 participants from the Criminal Offence Investigation and Documentation Groups of the Regional Directorates of the Alien and Border Police Service are foreseen for 2006.

In the period from September 2006 until February 2007, one-week courses shall be organised for heads and deputy heads of Investigation and Residence Control Departments and their detached bodies (Investigation and Escorts Units and Residence Control Units)

Training of police officers deployed at the airports takes place on a regular basis and is also foreseen for the future.

 (c) What activities - if any - are planned for 2008?

A specific plan for 2008 has not yet been elaborated.

Continuing training of border control staff will proceed within the current system of police education, which has been stated in the answers of the Czech Republic to questions no 7 and 102 of the evaluation questionnaire. This system is structured universally for all police officers of the Alien and Border Police Service, covers full range of tasks related to border control and thus is not expected to undergo substantial changes due to the entry of the Czech Republic to the Schengen

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area and abolition of border control at its land borders. This event will be nevertheless reflected in respective parts of the educational system while taking into account up-to-date development in the field of EU legislation etc. Vital changes of continuing training of border control staff are not expected also with regards to the Core Curriculum for training, which have been fully implemented.

In 2008, new concept of language education (launched on 1 September 2005) will continue to be targeted at all Alien Police Service police officers and in particular those deployed for border control at international airports.

 6. Over the past five years, how many illegal aliens have been deported by the Czech authorities? And how many have been deported outside the readmission procedures? Please provide details for each type of border.

Over the past five years, the following number of persons were deported by Czech authorities following the decision on expulsion:

Year 2001 2002 2003 2004 2005

Expulsions 3 019 2 910 1 255 1 111 1 475 - of which by air 857 813 424 394 323

 7. What is the average number of aliens detained each day in detention centres? (please provide data for each centre).

Statistical data are enclosed in the annex.

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 8. What percentage of expulsions ordered are actually carried out?

Persons ordered by courts to expulsion in the framework of criminal proceedings: Issued decisions of courts on Carried out judicial Percentage of carried out expulsion expulsions expulsions (number of persons) (number of persons) 2004 2 068 678 32,8 % 2005 2 252 714 31,7 %

Persons ordered to expulsion in the framework of administrative proceedings: Issued decisions on Carried out Percentage of carried out administrative expulsion administrative expulsions (number of persons) expulsions (number of persons) 2004 15 194 433 2,9 % 2005 10 094 761 7,5 %

The Czech legal system is based on the presumption that aliens who become subject to an expulsion order leave the Czech Republic voluntarily. Therefore, the numbers of carried out expulsions, as stated above, refer to persons who did not leave the territory of the Czech Republic voluntarily, but were removed from the territory with assistance.

Records of aliens ordered to leave the Czech Republic within both the criminal and administrative proceedings constitute a part of the Alien Information System (CIS). Respective authorities, which issue the expulsion order, monitor whether the alien has indeed left the territory and subsequently enter corresponding data into the CIS. Such monitoring is enabled via a special border form which is given to an alien together with the departure order. The departure order has a form of a sticker affixed into the travel document, which contains information on the identity of an alien, the number of his/her travel document and the period within which the alien is obliged to leave the territory of the Czech Republic. The alien is obliged to hand over the special border form to border control staff when leaving the Czech Republic. Border control staff then enter this data into the CIS.

The CIS therefore contains concrete data on aliens ordered to expulsion including information whether such an expulsion has been really carried out. These data are, however, stored on an individual basis (and can be searched as such) and are not yet matter of general statistical monitoring.

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 9. Has a timetable been established for the adoption of the law on the modernisation of the police force?

Approximately in the half of year 2005, the issuance of theses to be incorporated in a new Act on the Police of the Czech Republic was ordered by the Minister of the Interior of the Czech Republic. The aim was to newly define tasks of the Police including activities relating to the international cooperation in a modern way. When elaborating such theses, all proposals and recommendations from individual bodies of the Police of the Czech Republic were gathered during a three-round consultation procedure. The final theses were submitted to the Minister of the Interior in January 2006. Concrete date of adoption of this new amendment will depend on development of the legislation process and thus cannot be currently stated.

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ANNEX

Number of aliens placed in the alien detention centres in 2004

Centre Capacity January February March April May June July August September October November December Average per year Balková 163 150 151 151 157 143 151 154 156 159 156 135 144 151 Poštorná 131 126 125 125 122 113 114 116 127 129 126 108 99 119 Velké Přílepy 92 83 83 81 80 75 72 81 84 81 79 71 48 77 Jezová Bělá 54 48 46 45 39 39 33 40 42 47 55 52 52 45 Frýdek Místek 20 20 20 20 19 18 19 23 32 25 19 18 27 22 Total 461 427 424 422 416 387 389 414 442 442 435 384 371 413 Note: Capacity stands for an average value calculated from annual real capacity of the centre as stated in daily reports of the centre (as of the first day in the month of 2004). January, February,. - value stands for the average number of aliens placed in the centre in the particular month of 2004

Capacity of the detention centres January February March April May June July August September October November December Average per year Balková 304 304 304 304 304 304 304 304 304 304 152 288 290 Poštorná 166 128 128 128 128 128 128 128 128 128 128 128 131 Velké Přílepy 145 145 145 145 145 145 145 137 137 137 144 144 143 Jezová Bělá 60 54 54 54 54 54 54 54 54 54 54 54 55 Frýdek Místek 40 40 40 40 40 40 40 40 40 40 40 40 40 Total 715 671 671 671 671 671 671 663 663 663 518 654 659 Note: Capacity of the centre follows daily reports of the centre always as of the first day in the month in 2004.

Real capacity of the detention centres January February March April May June July August September October November December Average per year Balková 152 152 152 152 152 152 152 152 152 152 152 288 163 Poštorná 166 128 128 128 128 128 128 128 128 128 128 128 131 Velké Přílepy 139 88 88 88 88 88 88 88 88 88 88 88 92 Jezová Bělá 58 54 54 54 54 54 54 54 54 54 54 54 54 Frýdek Místek 20 20 20 20 20 20 20 20 20 20 18 18 20 Total 535 442 442 442 442 442 442 442 442 442 440 576 461 Note: Real capacity for placement of aliens in the centre follows daily reports of the centres always as of the first day in the month in 2004.

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Number of aliens in the alien detention centres in 2005

Centre Capacity January February March April May June July August September October November December Average per year Balková 183 148 151 147 145 152 141 147 140 140 120 106 31 131 Poštorná 165 137 141 119 117 120 111 87 104 92 95 117 158 117 Velké Přílepy 130 43 101 91 84 73 75 81 71 70 65 68 111 78 Jezová Bělá 54 42 41 20 28 40 21 40 27 22 21 20 27 29 Frýdek Místek 37 33 33 31 24 28 27 21 16 13 14 14 33 24 Total 569 403 466 409 397 413 375 376 361 336 315 325 360 378

Capacity of the centre January February March April May June July August September October November December Average per year Balková 288 152 176 176 176 176 176 176 176 176 176 176 183 Poštorná 170 170 170 170 170 170 170 170 170 170 170 170 170 Velké Přílepy 144 123 140 140 140 140 146 146 146 146 146 146 142 Jezová Bělá 54 54 54 54 54 54 54 54 54 54 54 54 54 Frýdek Místek 43 43 40 40 40 43 43 43 43 43 43 43 42 Total 699 542 580 580 580 583 589 589 589 589 589 589 592 Note: Capacity of the centre follows daily reports of the centre always as of the first day in the month in 2005.

Real capacity of the detention centres January February March April May June July August September October November December Average per year Balková 288 152 176 176 176 176 176 176 176 176 176 176 183 Poštorná 170 170 164 164 164 164 164 164 164 164 164 164 165 Velké Přílepy 88 123 123 123 123 123 142 142 142 142 142 142 130 Jezová Bělá 54 54 54 54 54 54 54 54 54 54 54 54 54 Frýdek Místek 37 37 37 37 37 37 37 37 37 37 37 37 37 Total 637 536 554 554 554 554 573 573 573 573 573 573 569 Note: Real capacity for placement of aliens in the centre follows daily reports of the centres always as of the first day in the month in 2005.

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