Report from the Commission to the Council on the re-introduction of the visa requirement by Canada for citizens of the Czech Republic in accordance with Article 1(4)(c) of Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as amended by Council Regulation (EC) No 851/2005 as regards the reciprocity mechanism
Date: 2009-10-19
Institutions: European Commission
Subjects: Canada, Czechia, EU national, EU visa policy, admission of aliens, external border of the EU

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.10.2009 
COM(2009)562 final 

REPORT FROM THE COMMISSION TO THE COUNCIL 

on the re-introduction of the visa requirement by Canada for citizens of the Czech 
Republic in accordance with Article 1(4)(c) of Council Regulation (EC) No 539/2001 
listing the third countries whose nationals must be in possession of visas when crossing 
the external borders and those whose nationals are exempt from that requirement, as 
amended by Council Regulation (EC) No 851/2005 as regards the reciprocity mechanism 

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TABLE OF CONTENTS 

1. 

2. 

3. 

Introduction .................................................................................................................. 3 

The reimposition of the visa requirement on 14 July 2009.......................................... 3 

Steps taken after the reimposition of the visa requirement on 14 July 2009 ............... 4 

3.1. 

Position of Canada ....................................................................................................... 5 

3.1.1.  Asylum claims.............................................................................................................. 5 

3.1.2.  Visa application procedure........................................................................................... 6 

3.1.3.  Violation of immigration rules..................................................................................... 6 

3.2. 

Position of the Czech Republic .................................................................................... 7 

3.2.1.  Asylum claims.............................................................................................................. 7 

3.2.2.  Visa application procedure........................................................................................... 7 

3.3. 

Canada-Czech Republic Experts Working Group ....................................................... 8 

4. 

5. 

Assessment................................................................................................................... 8 

Conclusion.................................................................................................................... 9 

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1. 

INTRODUCTION 

On 14 July 2009, in accordance with Article 1(4)(a) of Council Regulation (EC) No 
539/2001,  as  amended  by  Council  Regulation  (EC)  No  851/2005,  the  Czech 
Republic  has  notified  the  Commission  and  the  Council  that  as  of  14  July  2009 
Canada unilaterally applies the visa regime to nationals of the Czech Republic. This 
notification  has  been  published  in  the  Official  Journal  on  6  August  20091,  which 
means  that  in  accordance  with  Article  1(4)(c)  of  Council  Regulation  (EC)  No 
539/2001,  as  amended  by  Council  Regulation  (EC)  No  851/2005,  the  Commission 
shall report to the Council within 90 days from this date of publication; therefore, by 
6 November 2009. 

This  report  takes  stock  of  the  steps  taken  by  the  Commission  following  this 
notification. 

2. 

THE REIMPOSITION OF THE VISA REQUIREMENT ON 14 JULY 2009 

As  mentioned  in  the  fourth  visa  reciprocity  report2  Canada  had  lifted  the  visa 
requirement for nationals of the Czech Republic on 31 October 2007. 

On  13  July  2009,  the  Canadian  authorities  informed  the  Czech  authorities  through 
several  channels,  including  a  formal  Diplomatic  Note,  that  the  visa  requirement 
would be reintroduced for Czech nationals as from the next day. 

In  the  press  release  by  Citizenship  and  Immigration  Canada  of  13  July  2009  the 
following was announced: 

"Beginning 12:01 a.m. EDT on July 14, 2009, Czech nationals will require a visa to 
travel  to  Canada,  Citizenship,  Immigration  and  Multiculturalism  Minister  Jason 
Kenney announced today. For the first 48 hours, Czech citizens may apply for entry 
on arrival in Canada. After 11:59 p.m. EDT July 15, 2009, a visa will be required.  

Since the visa requirement was lifted on the Czech Republic in October 2007, nearly 
3,000  claims  have  been  filed  by  Czech  nationals,  compared  with  less  than  five  in 
2006. The Czech Republic is now the second top source country for refugee claims. 
The  relatively  higher  acceptance  rate  of  refugee  claims  originating  in  the  Czech 
Republic masks the troubling fact that more than half of the claims are abandoned or 
withdrawn  before  a  final  decision  is  made  by  the  Immigration  and  Refugee  Board, 
indicating that many claimants may not be genuine refugees.3 

… 

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OJ C 184, 6.8.2009, p. 2. 
COM(2008) 486 final/2, p. 6. 
In the first visa reciprocity report (COM(2006) 3 final, p.14, footnote 13), the Commission recalled that 
"…Canada  abolished  the  visa  requirement  …  for  the  Czech  Republic  in  1996.  However,  it  was 
reintroduced … in 1997 … following an influx of asylum seekers. Canadian authorities emphasised that 
thorough  evaluations  are  necessary  before  lifting  the  visa  requirement  again,  in  order  to  avoid  the 
repetition of such a situation." 

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Canada  regularly  reviews  its  visa  policies  toward  other  countries.  Countries  are 
aware  that  if  they  do  not  satisfy  the  conditions  of  a  visa-exemption,  a  visa  may  be 
imposed. 

This  change  means  that  nationals  from  the  Czech  Republic  who  want  to  travel  to 
Canada  will  first  need  to  apply  for  a  Temporary  Resident  Visa  and  meet  the 
requirements to receive one. It is up to the applicant to satisfy the visa officer their 
visit to Canada is temporary, they will not overstay their approved time in Canada, 
they have enough money to cover their stay in Canada, they are in good health, they 
do  not  have  a  criminal  record,  and  are  not  a  security  risk  to  Canadians.  These 
requirements are the same for anyone who wants to visit Canada. 

Applicants  from  the  Czech  Republic  will  submit  their  applications  to  the  Canadian 
visa  office  in  Vienna,  Austria  which  currently  serves  nationals  from  several  other 
European countries." 

On the same day Canada also introduced the visa requirement for Mexican nationals. 
Also  in  this  case,  the  main  reason  was  the  large  number  of  refugee  claims  from 
Mexico, making it the number one source country for refugee claims in Canada. 

The rising numbers of Czech refugee claimants – most of them are of Roma origin – 
in  Canada  has  been  discussed  repeatedly  at  meetings  between  Canadian  and  Czech 
authorities  since  the  lifting  of  the  visa  requirement  on  1  November  2007,  and  in 
particular in the run-up to the reintroduction of the visa requirement on 14 July 2009. 

3. 

STEPS  TAKEN  AFTER  THE  REIMPOSITION  OF  THE  VISA  REQUIREMENT  ON  14  JULY 
2009 

On 20 July 2009, the Czech Republic notified the Commission and the Council that, 
in  accordance  with  Article  4(1)(a)  of  Council  Regulation  (EC)  No  539/2001,  the 
Czech Republic has imposed the visa requirement for holders of Canadian diplomatic 
and service passports as from 16 July 2009. 

The issue of the reimposition of the visa requirement by Canada for Czech citizens 
has been discussed in Council at several occasions: the General Affairs and External 
Relations  Council  of  27  July  2009  and  14  September  2009,  the  Justice  and  Home 
Affairs  Council  of  21  September  2009,  and  the  Committee  of  Permanent 
Representatives  (Coreper)  on  23  July  2009.  At  these  occasions  Member  States 
expressed  concern  about  the  situation  and  indicated that the  issue  should be solved 
quickly by the Commission and should not escalate. 

Following the reintroduction of the visa requirement, the Commission consulted both 
the Czech and Canadian authorities regularly on the issue, notably at expert meetings 
with  Czech  authorities  on  14  July  and  30  July  2009  and  at  a  tripartite  meeting 
between  the  Director-General  of  the  Directorate  General  for  Justice,  Freedom  and 
the  Czech  Permanent 
Security, 
Representative  Vicenová  on  24  July  2009.  Furthermore, 
the  Commission 
accompanied  a  Czech  delegation  for  consultations  with  Canadian  authorities  in 
Ottawa on 10 September 2009. In addition, the issue was discussed at the EU-Canada 
Ministerial Troika in Ottawa on 1 October 2009. 

the  Canadian  Ambassador  Hornby  and 

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3.1. 

Position of Canada 

3.1.1.  Asylum claims 

Canada has explained that the decision was not taken easily. The Canadian  asylum 
system  was  overburdened  by  refugee  claims.  The  introduction  of  the  visa 
requirement  has  helped  to  address  the  disproportionately  high  influx  of  asylum 
claimants arriving from the Czech Republic in 2008 and 2009. Canada had indicated 
to  the  Czech  Republic  from  the  start  and  even  before  the  lifting  of  the  visa 
requirement on 1 November 2007 that an influx of Czech asylum seekers could lead 
to  the  re-imposition  of  the  visa  requirement4.  Nevertheless,  Canada  has  stated  that 
the  re-introduction  of  the  visa  requirement  is  not  a  reflection  of  the  treatment  of 
minorities  in  the  EU  or  in  particular  the  Czech  Republic.  Refugee  status 
determinations in Canada are made on a case-by-case basis by the Immigration and 
Refugee  Board  (IRB)  –  an  administrative  tribunal  at  arm’s-length  from  the 
government5. 

Canada explained that "imposing a visa requirement for the Czech Republic is part of 
a broader systematic approach to reform Canada's asylum system. Canada's asylum 
system is overburdened by an ever-increasing number of claims every year, many of 
which are unfounded, withdrawn or abandoned." 

Canada indicated that since the lifting of the visa requirement as from 1 November 
2007 Canada has received nearly 3,000 asylum claims from the Czech Republic. Out 
of the 196 cases finalized in 2008 by the Canadian Immigration and Refugee Board 
(IRB) 84 claims (i.e. 43%) were accepted. In the period January-July 2009, the IRB 
finalized  391  cases  of  which  86  cases  (i.e.  22%)  were  accepted.  Since  the 
introduction  of  the  visa  requirement  Canada  has  received  very  few  asylum  claims 
from Czech citizens, returning to pre-visa exemption trends in asylum claims. 

The IRB collects information from a variety of sources on social, political, economic 
and  human-rights  conditions  around  the  world  to  inform  their  decisions.  In  this 
regard, the IRB undertook a fact-finding mission to the Czech Republic from 21-31 
March  20096.  Following  that  mission  the  IRB  released  two  issue  papers:  in  June 
2009  the  "Fact-finding  Mission  Report  on  State  Protection"7  and  in  July  2009  the 

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On 19 October 2007, in view of lifting the visa requirement for Czech citizens the Canadian Embassy in 
the  Czech  Republic  had  sent  a  Diplomatic  Note  to  the  Ministry  of  Foreign  Affairs  of  the  Czech 
Republic  in  which  Canada  indicated  that  it  hoped  that  once  the  visa  requirement  was  be  lifted,  there 
would be no need for a re-imposition. Therefore, Canada asked for assurances for enhanced cooperation 
on migration integrity issues and in the area of law enforcement in order to avoid that certain factors, 
like  an  influx  of  asylum  seekers  or  an  increase  in  the  level  of  fraudulent  or  altered  Czech  passports, 
could lead to the re-imposition of the visa requirement. 
The IRB is an administrative tribunal, and is independent of both Citizenship and Immigration Canada 
(CIC)  and  the  Canada  Border  Service  Agency  (CBSA)  and  the  Minister  of  Citizenship,  Immigration 
and Multiculturalism. 
The aim of the IRB's mission was to address information gaps related to the situation and treatment of 
Czech Roma as well as their access to state protection and the possibility of internal relocation. 
Fact-finding  Mission  Report 
State 
cisr.gc.ca/en/research/publications/index_e.htm?docid=388&cid=64) 

(http://www2.irb-

Protection, 

2009 

June 

on 

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"Fact-finding Mission Report on the Situation and Treatment of Roma and Potential 
for Internal Relocation8". 

Canada clarified that the notion of "safe country of origin" as suggested by the Czech 
Republic  is  not  legally  possible  according  to  Canadian  legislation9.  Canada  has 
acknowledged  that  its  asylum  system  needs  to  be  reformed  to  reduce  delays  and 
abuse and that the system needs to be streamlined to provide faster protection for real 
victims of persecution, while removing more quickly those having unfounded claims. 

3.1.2.  Visa application procedure 

Canada explained that the consulate in Prague was closed following the lifting of the 
visa  requirement  on  1  November  2007.  So  far  there  are  no  plans  to  re-open  the 
consulate. As a matter of general policy, Canadian consulates cover larger areas and 
Canada  does  not  have  consulates  in  every  country.  Canada  pointed  out  that  Czech 
citizens  do  not  have  to  go  to  Vienna  to  apply  for  their  visa;  they  can  use  travel 
agencies in five cities (Brno, Liberec, Prague, Prerov and Velke Mezirici), send their 
application form by mail to the Canadian Embassy in Vienna, or use the drop box at 
the  Canadian  embassy  in  Prague.  The  system  of  applying  via  travel  agencies  is 
mostly used. 

In urgent cases, visa applicants have to travel to Vienna where the applications can 
be  processed  in  one  day  at  the  Vienna  consulate.  Moreover,  travel  is  further 
facilitated through the issuance of multiple entry visas. Besides, the acceptance rate 
is 99 percent. As a result, the vast majority of Czech applicants do not require a visa 
interview. Of those who do, most of the interviews are conducted over the telephone 
unless there are exceptional circumstances. 

3.1.3.  Violation of immigration rules 

As  far  as  the  increase  in  immigration  violations  is  concerned,  the  percentage  of 
immigration violations grew from one percent of the total number of Czech travellers 
to  Canada  in  2006,  when  the  visa  requirement  was  still  in  place,  to  6.7%  in  2008. 
Specifically  this  percentage  rose  to  30.1%  during  the  period  of  January-May  2009. 
Immigration violations include all documented infractions of Canadian immigration 
laws,  inadmissible  individuals  at  a  Canadian  port  of  entry  and  interceptions  of 
individuals en route to Canada. As immigration violations include only documented 
infractions, the number of immigration violations may be under-reported. 

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Fact-finding  Mission  Report  on  the  Situation  and  Treatment  of  Roma  and  Potential  for  Internal 
Relocation (http://www2.irb-cisr.gc.ca/en/research/publications/index_e.htm?docid=386&cid=64) 
Canada has a Safe Third Country Agreement with the U.S. This Agreement was signed on 5 December 
2002,  and  implemented  on  29  December  2004.  Under  the  Agreement,  refugee  claimants  arriving  in 
North  America  must  make  a  claim  in  the  first  safe  country  they  reach  –  either  Canada  or  the  U.S. 
However, the notion of a safe third country should be distinguished from the notion of a safe country of 
origin; the notion of safe country of origin means that in principle a person from such safe country of 
origin  would  not  be  granted asylum.  However,  it  does  not  exclude  individual  examinations  of  claims 
and cannot be invoked as a ground for inadmissibility. 

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3.2. 

Position of the Czech Republic 

The  Czech  Republic  expects  Canada  to  lift  the  current  visa  obligation  on  Czech 
citizens travelling to Canada within months, not years. 

3.2.1.  Asylum claims 

The  Czech  Republic  has  been  consulting  Canada  on  the  growing  number  of  Czech 
asylum  seekers  in  Canada  during  recent  months  and  reiterated  its  will  to 
constructively  consider  all  steps  which  could  help  overcome  the  problem.  In  this 
regard,  the  Czech  Republic  proposed  two  possible  solutions:  mutual  recognition  of 
each  other  as  safe  countries  of  origin,  and  that  Canada  should  modify  its  asylum 
legislation  to  reduce  its  attractiveness  for  economically  motivated  migrants  to 
Canada.  Furthermore,  the  Czech  Republic  has  explained  that  the  fact  that  Czech 
citizens  have  been  granted  asylum  by  the  Canadian  authorities  (which  the  Czech 
Republic considers in itself absurd) has increased the incentives for Czech citizens to 
abuse the Canadian asylum system. 

The Czech Republic does not accept that the re-introduction of the visa requirement 
by  Canada  is  used  as  part  of  a  broader  systematic  approach  to  reform  Canada's 
asylum  system  as  it  does  not  treat  the  cause  but  only  the  symptoms  of  its 
overburdened  system.  The  minority  and  human  rights  situation  in  the  Czech 
Republic is not in itself the cause for the increase of Czech refugee claims in Canada, 
but the generous and permissive Canadian asylum systems that offers better material 
conditions and income, including the social benefits allocated to refugee claimants.  

Besides  the  ones  above,  two  other  reasons  for  Roma  emigration  usually  stated  are 
unemployment and feelings of insecurity (due to the rise of right wing extremism); 
the latter has been countered by recent action by the Czech authorities. 

It  is  to  be  noted  that  Canada  is  the  main  destination  for  Czech  Roma  migrants,  as 
there was already a successful first wave of emigration in the nineteen-nineties and 
many are now seeking to join their families in Canada. 

With regard to minorities and in particular Roma, the Czech Republic reiterated that 
the  situation  of  Roma  in  the  Czech  Republic  does  not  differ  substantially  from  the 
situation  in  other  EU  Member  States  with  larger  Roma  populations10  and  provided 
documents  on  the  situation  of  minorities  and  in  particular  of  Roma  in  the  Czech 
Republic  and  the  further  recent  reinforcement  of  its  laws  and  policies  towards  the 
integration of minorities and in particular Roma communities.  

3.2.2.  Visa application procedure 

The  Czech  Republic  has  constantly  reiterated  its  request  for  the  reopening  of  the 
Canadian consulate in Prague for  as long as Canada has not returned to a visa-free 
regime. The Czech Republic finds it unacceptable that Czech citizens have to travel 

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European Union Minorities and Discrimination Survey, Data in focus report, European Union Agency 
for 
(http://fra.europa.eu/fraWebsite/attachments/EU-
Fundamental 
MIDIS_ROMA_EN.pdf) 

Rights, 

April 

2009 

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to Vienna to apply for a visa and therefore considers the opening of a visa office in 
Prague as a minimum step forward. 

3.3. 

Canada-Czech Republic Experts Working Group 

Following  a  commitment  by  the  Czech  Republic  and  Canada  to  cooperate  in 
addressing  issues  following  Canada's  reintroduction  of  the  visa  requirement  for 
Czech nationals, a Canada-Czech Republic Experts Working Group was set up. As a 
follow-up  to  two  telephone  conferences  on  20  and  27  August  2009,  a  Czech 
delegation  met  with  Canadian  authorities  in  Ottawa  to  discuss  the  issue  and  steps 
forward on 10 September 2009. The Commission participated in the meeting. 

Besides the issue of the visa reintroduction and the visa process for Czech citizens, 
Canada  explained  its  migration  and  refugee  process  and  provided  information  on 
multiculturalism. The Czech Republic provided presentations on its laws and policies 
with  regard  to  the  protection  of  minorities  in  the  Czech  Republic.  It  was  agreed  to 
meet on a periodic basis in this setting. 

4. 

ASSESSMENT 

This  is  the  first  time  that  a  third  country  has  re-imposed  a  visa  requirement  for 
citizens of a Member State. This highly regrettable situation should be brought to an 
end  as  soon  as  possible.  Canada  is  aware  that  the  European  Union's  common  visa 
policy is based on the principle of reciprocity. 

It is particularly unsatisfactory that Czech citizens are not able to obtain visas at the 
Canadian embassy in Prague. The Commission acknowledges that Canada provides 
several  visa  process  facilitations  to  Czech  citizens  in  the  Czech  Republic  (see 
paragraph  3.1.2  above)  but  calls  upon  Canada  to  return  to  the  previous  situation 
regarding  the  visa  issuance  process  for  Czech  citizens  by  reinstating  visa  issuing 
facilities in the Czech Republic. 

The Commission welcomes the willingness of all sides to engage in a dialogue and 
encourages  Canada  and  the  Czech  Republic  to  continue  their  consultations  in  the 
framework of a Canada-Czech Republic Experts Working Group to address all issues 
in relation to the re-imposition of the visa requirement; e.g. for Canada to clarify its 
asylum system and the immigration violations by Czech travellers, and for the Czech 
Republic  to  clarify  the  implementation  of  its  programmes  and  policies  regarding 
minorities and in particular Roma communities. The Commission calls upon Canada 
to set out clearly a path of measures it intends to take to lift the visa requirement for 
Czech citizens in the near future. 

The  Commission  notes  that  the  Czech  Republic  has  decided  to  require  visas  for 
holders  of  Canadian  diplomatic  and  service  passports.  Unless  the  measures 
mentioned  in  the  previous  paragraphs  are  established,  in  a  satisfactory  manner,  by 
the  end  of  2009  the  Commission  will  recommend  imposing  or  re-imposing  a  visa 
requirement  for  certain  categories  of  Canadian  citizens  (holders  of  diplomatic  and 
service passports). 

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5. 

CONCLUSION 

Unfortunately,  in  relation  to  Canada  the  first  reversal  of  visa  reciprocity  and 
reintroduction of the visa requirement for the Czech Republic since the introduction 
of  the  new  visa  reciprocity  mechanism  has  to  be  deplored.  This  highly  regrettable 
situation should be brought to an end as soon as possible. 

Although Canada provides several visa process facilitations to Czech citizens in the 
Czech  Republic,  pending  restoration  of  visa-free  travel  for  Czech  citizens  the 
Commission  calls  upon  Canada  to  return  to  the  previous  state  regarding  the  visa 
issuance process for Czech citizens by reinstating visa issuing facilities in the Czech 
Republic. The Commission encourages Canada and the Czech Republic to continue 
their consultations in the framework of a Canada-Czech Republic Experts Working 
Group  to  address  all issues in relation to the  re-imposition of the visa requirement, 
and  reiterates  its  readiness  to  facilitate  and  participate  in  those  discussions.  The 
Commission calls upon Canada to set out clearly the measures it intends to take to 
lift  the  visa  requirement  for  Czech  citizens  in  the  near  future.  Furthermore  the 
Commission will recommend imposing or re-imposing a visa requirement for certain 
categories  of  Canadian  citizens,  unless  Canada  takes  positive  steps  towards 
facilitating  formalities  for  Czech  citizens  wishing  to  visit  Canada  and  setting  out  a 
path towards the restoration of visa-free travel for them. 

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