Act No. 191 / 2016 Coll.
Act on the protection of national borders of the Czech Republic and on the amendment of related laws (Act on the protection of national borders)
Valid
Law
Effective from 01.08.2016
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191
THE LAW
of 25 May 2016
on the protection of national borders of the Czech Republic and the amendment of related laws (Law on the protection of national borders)
Parliament has decided on this law of the Czech Republic:
PROTECTION OF THE STATE BORDER OF THE CZECH REPUBLIC
BASIC PROVISIONS
Subject matter
This law provides for the protection of the national borders of the Czech Republic (hereinafter referred to as the "borders') against illegal crossing and defines the responsibilities of the Ministry of Interior (hereinafter referred to as" the Ministry ') and the Police of the Czech Republic (hereinafter referred to as "the police') in this area of government.
Basic concepts
(1) For the purposes of this Act:
(a) a Member State which applies the Schengen Borders Code in full;
(b) an external flight from the territory of a Member State to the territory of a Member State other than a Member State, a flight from a territory other than a Member State to the territory of a Member State or an intermediate flight to a territory other than a Member State.
(2) The border crossing is an area on the international airport (2) for crossing the external borders (3).
INTERNATIONAL AIRPORT BORROWING
Binding opinion
When issuing a binding opinion in the procedure for determining the type of airport as international, in the procedure for changing the type of airport to the type of international airport and in the procedure for abolishing the type of international airport (2), the Ministry assesses the airport from the point of view of border control, in particular with regard to compliance with the security conditions set out in Section 5.
Establishment of a border crossing point
(1) The Ministry decides to establish a border crossing at the request of an international airport operator. Only the applicant shall be a party to this proceeding.
(2) The application referred to in paragraph 1 shall include, in addition to the general requirements laid down in the administrative rules, an indication of the estimated number of persons checked out at external flights in the first year following the establishment of a border crossing point at that international airport.
(3) If the security conditions set out in paragraphs 1 to 3 and 5 of Section 5 are not met, the Ministry shall reject the request.
(4) The Ministry publishes by communication in the Collection of Laws and International Treaties a list of border crossing points.
Safety conditions for international airports
(1) At an international airport where fewer than 5 000 persons are checked out at external flights in a calendar year, its operator shall:
(a) take operational measures to ensure the separation of passengers on external flights from other passengers; and
(b) provide a border inspection room.
(2) At an international airport at which at least 5 000 persons are checked out at external flights in a calendar year, its operator must:
(a) take operational technical measures to separate passengers on external flights from other passengers;
(b) to create conditions for carrying out border controls, including conditions for carrying out checks on internal flights in the event of temporary reintroduction of the protection of internal borders (3); and
c) provide a room for foreigners who were denied entry to the Czech Republic.
(3) At an international airport at which at least 1 000 000 persons are checked out at external flights in a calendar year, its operator shall further define the appropriate space for the establishment of:
(a) the reception centre under the Asylum Act and leave it to the Ministry for free use; and
b) Police cells under the Police Act of the Czech Republic and leave it to the police for free use.
(4) The Ministry shall bear the costs associated with the operation of the reception centre referred to in paragraph 3 (a). The police shall bear the costs associated with the operation of the police cell referred to in paragraph 3 (b).
(5) A military airport where civil aviation is also operated shall be subject to the conditions set out in paragraph 1.
(6) The conditions referred to in paragraph 2 or 3 shall be fulfilled by an international airport no later than 30 June of the year following the calendar year in which the said number of persons checked out at an international airport has been reached on external flights.
(7) By decree, the Ministry sets out the operational and operational technical conditions for the separation of passengers on external flights from other passengers, the conditions for carrying out border checks and other related operations and equipment of the room for foreigners who were refused entry to the Czech Republic.
Closure of the border crossing point
(1) The Ministry checks compliance with the safety conditions set out in Section 5.
(2) Where the checks referred to in paragraph 1 have identified deficiencies which seriously jeopardise the implementation of external border control and the operator of an international airport does not remove these deficiencies within the time limit set by the Ministry, the Ministry shall decide on the closure of the border crossing point.
(3) The Ministry will also decide on the closure of the border crossing point if the operation of the border crossing point poses a serious threat to internal order, security, defence of the state or the life and health of persons.
(4) A decision given on the basis of the grounds referred to in paragraph 3 may be the first act in the proceedings. Decomposition against this Decision does not have suspensory effect.
(5) Only an international airport operator is a party to the border crossing procedure.
(6) If the reasons for the closure of the border crossing are lost, the Ministry shall, at the request of the operator of an international airport or ex officio decision issued pursuant to paragraph 2 or 3, withdraw.
(7) The Ministry shall send a copy of the final decision pursuant to paragraphs 2, 3 and 6 to the Civil Aviation Authority and, in the case of a military airport, to the Ministry of Defence.
(8) For the procedure referred to in Article 5 (4) of the Schengen Borders Code, paragraphs 3 to 7 shall apply mutatis mutandis.
Repeal of the border crossing
(1) The Ministry may decide to cancel the border crossing
(a) at the request of an international airport operator; or
(b) ex officio where:
1. the border crossing is closed in accordance with § 6 for at least 6 months; or
2. the decision to change or abolish the type of international airport has acquired legal authority or the effects of the decision to determine the type of airport have ceased to exist.
(2) The application referred to in paragraph 1 (a) shall be examined by the Ministry in terms of border control. If the Ministry accepts the request, the decision shall specify the date on which the border crossing is cancelled.
(3) A decision given in accordance with paragraph 1 (b) (2) may be the first act in the proceedings.
(4) The Ministry will send a copy of the final decision to abolish the border crossing point of the Civil Aviation Authority and, in the case of a military airport, to the Ministry of Defence.
EXTERNAL BORDER PROTECTION
Obligations of the commander
(1) The commander of an aircraft on an external flight other than that carried out by a commercial air transport operator is obliged, in accordance with the Schengen Borders Code, to forward a flight plan and passenger data to the extent set out in paragraph 2 before departure from the Foreign Police Directorate.
(2) Passenger information means the name and, where applicable, the name, surname, date of birth, nationality and travel document number of all passengers.
Obligations of the airport operator
(1) An operator of an international airport at which a foreign police inspector is not established is required to notify the Foreign Police Service Directorate of the planned external flight data no later than 24 hours before arrival at or departure from an international airport operated by him. If the arrival or departure takes place in accordance with the first sentence on Saturday, Sunday or public holiday, the time limit for notification of the data shall be at least 48 hours.
(2) Indication of planned flight means:
(a) registration number of the aircraft,
(b) an indication of the place and planned time of departure and arrival; and
(c) number of crew members and number of passengers.
(3) If the airport of arrival is changed on an external flight within the territory of the Czech Republic, the operator of the airport of actual arrival is obliged to inform the Foreign Police Directorate of such change at the airport's operating time, unless an inspector is established there; outside the operating hours of the airport, it is obliged to do so without delay after it becomes aware of this fact.
(4) An operator of an international airport at which an inspection of the foreign police is not established shall inform the Foreign Police Directorate immediately at the airport's operating time of the landing or departure of an aircraft on an external flight which could not be notified in accordance with paragraphs 1 and 2; it shall be obliged to do so outside the airport's operating time immediately after it becomes aware of this fact.
(5) The national aerodrome operator shall inform the Foreign Police Directorate immediately at the aerodrome's operating time of the landing or departure of the aircraft on the external flight; outside the operating hours of the airport, it is obliged to do so without delay after it becomes aware of this fact.
(6) The aerodrome operator shall inform the Foreign Police Directorate in accordance with paragraphs 3 to 5 on the basis of data communicated by the commander on an external flight or data and facts which are otherwise known to him.
(7) An operator of an international airport at which a foreign police inspector is not established and a national airport operator shall, at the request of the Foreign Police Service Directorate, be required to allow access to the flight and departure records.
(8) The operator of an international airport in which a room for foreigners has been denied entry to the Czech Republic is obliged to insist that, for as long as necessary, an alien who has been denied entry to the Czech Republic after arrival in the Czech Republic may continue to use it.
(a) this international airport; or
b) to another airport where no room is set up for foreigners who have been denied entry to the Czech Republic.
Authorization of police in the protection of external borders
(1) The protection of external borders is ensured by the police.
(2) At the time of border inspection, a member of the police (police officer) is entitled to inspect the aircraft and to inspect the aircraft's log and, if necessary, to investigate the facts which justify the refusal of entry of a stranger into the territory of the Czech Republic under the Act on the residence of foreigners in the territory of the Czech Republic. A person shall be inspected by a person of the same sex and may be carried out by means of direct physical contacts or direct observation of the person's body, including a search of the person's clothing uppers and items carried by him at the time of the inspection.
(3) The Ministry of the Interior shall, by means of a communication in the Collection of Laws and International Contracts, declare the start date of use of the Entry / Exit System (EES) for the registration of entry and exit data and refusal of entry data at border crossing points resulting from a directly applicable European Union regulation governing the rules for determining the start date of the system.
TEMPORARY REESTABLISHMENT OF INTERNAL BORDER PROTECTION
Government measures
(1) The Government may temporarily reintroduce internal border control by measures of a general nature.
(2) The measures of a general nature referred to in paragraph 1 shall determine the temporal and territorial scope of the temporary reintroduction of internal border control and the way in which internal border control is carried out.
(3) Furthermore, a measure of a general nature referred to in paragraph 1 may provide that internal borders may only be crossed at the place and at the time specified therein.
(4) In the event that the issue of a measure of a general nature referred to in paragraph 1 has been preceded by a temporary reintroduction of internal border control by an exceptional measure pursuant to paragraph 12 (1) and that exceptional measure has not expired, the Government shall repeal the exceptional measure provided for in paragraph 1.
(5) If the reasons for the temporary reintroduction of internal border control referred to in paragraph 1 are lost, the Government shall abolish it by measures of a general nature.
Emergency measures by the Ministry
(1) In the event of an imminent serious threat to public policy or internal security, the Ministry may temporarily reintroduce internal border control by exceptional measures. The Ministry's exceptional measure is a general measure.
(2) The Ministry's exceptional action sets out the temporal and territorial scope of the temporary reintroduction of internal border control and the way in which internal border control is carried out.
(3) Furthermore, the Ministry's exceptional measure may provide that internal borders may only be crossed at the place and at the time specified therein.
(4) If the reasons for the temporary reintroduction of internal border control referred to in paragraph 1 are lost, the Ministry shall repeal the emergency measure by measures of a general nature.
(5) The exceptional measure of the Ministry will expire no later than 5 days after its entry into force.
Specific provisions concerning the issue of general measures
(1) Paragraph 172 of the Administrative Regulation does not apply to general measures under this Act.
(2) Measures of a general nature are notified by a public decree of the Ministry.
(3) Information on measures of a general nature shall be published on broadcasting on all-area radio and television broadcasting. Anyone who operates television or radio broadcasting shall be obliged to publish information on a measure of a general nature without payment of costs at the request of the Ministry without delay and without modification of the content and meaning. The broadcaster is obliged to provide a parallel broadcast of a report on measures of a general nature in subtitle form. Information on the cancellation of general measures shall be published in the same way.
(4) A general measure and its justification may be consulted by the Ministry.
(5) A measure of a general nature shall take effect on the date specified therein or at the time of the hanging.
Authorisations for the temporary reintroduction of internal border control
(1) The protection of internal borders is ensured by the police.
(2) In order to control internal borders, an officer may carry out an inspection at the nearest place from the internal borders which is appropriate for carrying out an inspection. During this inspection, the police officer is entitled to stop the means of transport and to inspect it, to inspect the baggage and, if necessary, to establish the facts which justify the refusal of entry into the territory of the Czech Republic under the Act on the residence of foreigners in the Czech Republic, to inspect the person. A person shall be inspected by a person of the same sex and may be carried out by means of direct physical contacts or direct observation of the person's body, including a search of the person's clothing uppers and items carried by him at the time of the inspection.
(3) In order to control internal borders, a policeman shall be entitled to enter a land other than publicly accessible land within a distance of 10 kilometres from the internal borders in cooperation with his owner or the authorised user; where this is strictly necessary for the performance of border control tasks and there is a risk of delay, such parcels may be entered without any interaction with the owner or the authorised user.
Location of means of security to prevent unauthorised crossing of internal borders
(1) In the temporary reintroduction of internal border control, the police shall be authorised to use a technical means to prevent the illegal crossing of internal borders by means of transport (hereinafter referred to as the "security device ').
(2) The police are authorised to place a safety device within 50 metres of the internal borders. Where natural, technical or security circumstances so require, this may also be done over that distance, but not more than 1 km from the internal borders.
(3) Before placing a safety device, the police shall notify the owner of the land of this intention and inform him of the rights and obligations arising from the placing of the safety device.
(4) At the border bar (4), the safety device is only placed exceptionally.
(5) The security device, if its nature permits, is marked as "Property of the Police of the Czech Republic, its destruction, damage, unauthorised transfer or unauthorised disposal is punishable."
(6) Each person shall refrain from any activity which may make it impossible or difficult to place a safety device or to destroy, damage, improperly move or remove such device.
Compensation for property damage and remuneration for restrictions on property rights
(1) The owner or the authorized user of the land has the right to compensation for the property damage caused to it by the location of the safety device, unless it is possible to bring the land back to normal. Compensation for property damage shall be granted by the Ministry for which this right must be exercised within 60 days of the date of its establishment in respect of damage to field cultures or, in other cases, within 1 year of its establishment, otherwise that right shall cease.
(2) If the owner or the authorized user of the land is restricted by the location of a means of security in the usual use of the land, he shall be entitled to adequate compensation for that restriction. The compensation for the restriction shall be granted by the Ministry for which this right must be exercised within 1 year of the date of notification of the location of the safety device on the property, otherwise that right shall cease.
(3) Where the law referred to in paragraph 1 or 2 has been applied to a non-competent public authority, that authority shall forward a request to the injured Ministry. The effects of application are maintained in this case.
(4) If there is no agreement on compensation for property damage or compensation for restricting the use of land within 3 months of the date of the application for an agreement by the Ministry or the exercise of the right to compensation by the owner or the beneficiary of the land, compensation may be sought in court.
TRANSFERS
Transfers of natural persons
(1) A natural person commits an offence by deliberately obstructing, or complicating, the location of a means of security or by deliberately destroying, damaging, transposing or deleting, in breach of Article 15 (6).
(2) A natural person as a person entering or travelling from the territory of the Czech Republic through external borders commits an offence by violating the Schengen Borders Code
(a) crossing external borders outside the border crossing point; or
(b) intentionally avoid border control at the border crossing point.
(3) A natural person as a person entering or travelling from the territory of the Czech Republic through internal borders during the temporary reintroduction of internal border control provided for by a measure of the general nature of the government commits an offence by:
(a) crossing internal borders outside a place to cross internal borders;
(b) crosses internal borders at a place designated to cross internal borders at a time other than the time specified; or
(c) shall intentionally avoid control at a place designated to cross internal borders.
(4) The commander shall commit an offence by:
(a) in contravention of Paragraph 8 (1), the Directorate of Foreign Police shall not forward a flight plan or passenger data before departure;
(b) in contravention of the Schengen Borders Code, it shall continue to fly from the territory of a non-Member State to a landing area in the territory of the Czech Republic which is not part of an international airport at which a border crossing is established without receiving approval from the Foreign Police Service Directorate and from the Customs Administration of the Czech Republic if the aircraft had to land on such a landing site for reasons of force majeure, imminent danger or at the direction of the Administration Office; or
(c) in contravention of the Schengen Borders Code, the flight from the territory other than a Member State shall continue to depart from the landing area in the territory of the Czech Republic, which is not part of an international airport at which a border crossing is established without receiving authorisation from the Foreign Police Service Directorate and from the Customs Administration of the Czech Republic, provided that the aircraft has landed without authorisation.
(5) A fine of up to CZK 20 000 may be imposed for an infringement under paragraph 1 and a fine of up to CZK 50 000 for an infringement under paragraphs 2 to 4.
(6) The offence referred to in paragraphs 1 to 4 may be dealt with by an on-site order by imposing a fine of up to CZK 5,000.
Transfers of legal and business natural persons
(1) A natural person, legal or operating, shall commit an offence by making it impossible or difficult, contrary to Article 15 (6), to place a means of security or to destroy, damage, improperly transfer or improperly remove it.
(2) An operator of an international airport at which a border crossing is established shall commit an offence by:
(a) does not ensure compliance with the conditions set out in Article 5 (1), (2) or (3);
(b) not notify the Foreign Police Service Directorate of the planned external flight in accordance with § 9 (1);
(c) does not inform the Directorate of Foreign Police Services of the change of the airport of actual arrival in accordance with § 9 (3);
(d) not inform: The Directorate of the Foreign Police Service for the landing or departure of an aircraft on an external flight in accordance with § 9 (4); or
(e) the Directorate of Foreign Police Services shall not allow access to records of the arrival and departure of aircraft pursuant to Section 9 (7).
(3) The operator of a national airport shall commit an infringement by:
(a) does not inform the Directorate of Foreign Police Services of the landing or departure of an aircraft on an external flight pursuant to § 9 (5); or
(b) the Directorate of Foreign Police Services shall not allow access to the records of the arrival and departure of aircraft pursuant to Section 9 (7).
(4) A penalty may be imposed in respect of an offence:
(a) 20 000 CZK if the offence referred to in paragraph 1 is committed,
(b) 100 000 CZK if the offence referred to in paragraph 2 (b) to (e) or paragraph 3 is committed;
(c) CZK 250,000 if the offence referred to in paragraph 2 (a) is committed.
Common provisions on infringements
(1) The transfers under this law are discussed
(a) the municipal authority of the municipality with extended jurisdiction, if there are offences pursuant to Articles 17 (1) and 18 (1);
(b) the police department ensuring the protection of the internal border section concerned, if there are offences pursuant to Article 17 (3);
(c) Directorate of the Foreign Police Service, if there are offences pursuant to Articles 17 (2) and (4), 18 (2) (b) to (e) and 18 (3),
(d) the Ministry, if applicable in accordance with Paragraph 18 (2) (a).
(2) Where the police department referred to in paragraph 1 (b) is the Department of Foreign Police of the Regional Police Directorate, it shall decide on the appeal against its decision to the Foreign Police Directorate. The Ministry shall decide on the appeal against the decision of the Foreign Police Directorate.
Transitional provisions
(1) The border crossing at an international airport established before the date of entry into force of this Act is considered to be the border crossing point established under this Act.
(2) The operator of an international airport at which between 5 000 and 100 000 persons were checked in the external flights in 2015 shall be obliged to provide a room at that airport in accordance with § 5 (2) (c) by 31 August 2018 at the latest.
Amendment of the law on infringements
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 61 / 2000 Coll., Act No. 61 / 2000 Coll.
1. Paragraph 44a shall be deleted, including the title and footnote 12.
2. in Paragraph 86 (a), the word ", 44a" shall be deleted;
Transitional provision
The infringement proceedings on the border control section pursuant to § 44a (1) or (2) of Act No. 200 / 1990 Coll., as effective before the date of entry into force of this Act, started before the date of entry into force of this Act and until that date definitively completed pursuant to Act No. 200 / 1990 Coll., as effective before the date of entry into force of that Act.
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 3 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act.
1. paragraphs 3 and 4 shall be deleted, including footnote 4;
2. In Article 5, at the end of paragraph 1, the sentence "The control carried out on the temporary reintroduction of internal border control for the purpose of their protection under the Law on the Protection of State Borders (3) shall be deemed to be border control under that law. '
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Regulation Information
| Citation | Act No. 191 / 2016 Coll., on the Protection of State Borders of the Czech Republic and on the Amendment of Related Acts (Act on the Protection of State Borders) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.2016 |
|---|---|
| Effective from | 01.08.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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