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9310/06 DCL 1 /Dl DGF 2C Delegations Will Find Attached The 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. 9310/06 DCL 1 /dl 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 Schengen area, 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 Border Police 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 border control at its land borders. 9310/06 WvdR/mdc 1 DG H RESTREINT UE EN 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 customs 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. 9310/06 WvdR/mdc 2 DG H RESTREINT UE EN 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. 9310/06 WvdR/mdc 3 DG H RESTREINT UE EN 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. 9310/06 WvdR/mdc 4 DG H RESTREINT UE EN 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 9310/06 WvdR/mdc 5 DG H RESTREINT UE EN 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.
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