Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2019/0155(NLE)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

On: 20 September 2019

To: Delegations

No. prev. doc.: 11900/19 + COR 1

**Brussels, 24 September 2019**
**(OR. en)**

**12466/19**

**SCH-EVAL 155**
**VISA 196**
**COMIX 425**

Subject: Council Implementing Decision setting out a recommendation on
addressing the deficiencies identified in the 2019 evaluation of **Czechia** on
the application of the Schengen acquis in the field of the **common visa**
**policy**

Delegations will find in the annex the Council Implementing Decision setting out a

Recommendation on addressing the deficiencies identified in the 2019 evaluation of Czechia on the

application of the Schengen _acquis_ in the field of the common visa policy, adopted by the Council

at its meeting held on 20 September 2019.

In line with Article 15(3) of Council Regulation (EU) No 1053/2013 of 7 October 2013, this

Recommendation will be forwarded to the European Parliament and national Parliaments.

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Council Implementing Decision setting out a

**RECOMMENDATION**

**on addressing the deficiencies identified in the 2019 evaluation of Czechia on the application**

**of the Schengen acquis in the field of the common visa policy**

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an

evaluation and monitoring mechanism to verify the application of the Schengen _acquis_ and

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing

Committee on the evaluation and implementation of Schengen [1], and in particular Article 15 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The purpose of this Decision is to recommend to Czechia remedial actions to address the

deficiencies identified during the Schengen evaluation in the field of the common visa

policy carried out in 2019. Following the evaluation, a report covering the findings and

assessments, and listing best practices and deficiencies identified during the evaluation, was

adopted by Commission Implementing Decision C(2019) 6303.

(2) In the light of the importance of the correct implementation of provisions linked to the

decision-making process, the Visa Information System (VIS), the monitoring of external

service providers and data protection, Czechia should give priority to implementing

recommendations 3, 10, 11, 15 to 17, 21, 28, 30 to 32, 48, 57 and 58 in this Decision.

**1** OJ L 295, 6.11.2013, p. 27.

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(3) This Decision should be transmitted to the European Parliament and the parliaments of the

Member States. Within three months of its adoption, Czechia should, pursuant to

Article 16(1) of Regulation (EU) No 1053/2013, establish an action plan addressing all

recommendations to remedy any deficiencies identified in the evaluation report and submit

that action plan to the Commission and the Council,

RECOMMENDS:

that Czechia should:

_**General**_

1. ensure that the regular opening hours during which the external service providers receive

applications, and the service fee match those established in the legal instruments, or amend

the legal instruments accordingly;

2. ensure that the external service providers review their workflow for data extraction, ideally

implementing a one-click end-to-end operation for generating CDs or an alternative method

for transmitting electronic data to the Czech authorities;

3. ensure that the external service providers automatically delete the application data

immediately after they have been transmitted, retaining only the data specified in point A(d)

of Annex X to the Visa Code **[1]** ;

4. improve the regular training programme for locally employed staff;

5. ensure that applicants who have been refused a visa are fully informed about their right to

appeal in compliance with Article 47 of the Charter of Fundamental Rights of the European

Union (right to an effective remedy);

**1** Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July
2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

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_**VIS/IT system**_

6. consider taking advantage of the extended functionalities of the passport readers and train its

staff in their use;

7. consider installing larger screens at the visa workstations, in order to facilitate the work of

staff and limit the risk of human error;

8. implement an automatic timeout for the IT system’s user session, in order to prevent

unauthorised access;

9. review the workflow for importing the datasets provided by the external service provider to its

IT system, in particular the use of the additional validation tool for improving data quality;

10. modify its IT system so that the whole set of VIS data can be retrieved along with the national

record;

11. ensure that the national database and the VIS are synchronised with minimal delay, bearing in

mind that the agreed technical target for consular operations is a maximum of 30 minutes;

12. consider revising the IT system so that it automatically generates a completed refusal,

annulment or revocation form;

13. implement a mail filter for VISMail messages, so that each consular post has access only to its

own exchanges;

14. ensure that end users are aware of the user manual on its IT system and can easily refer to it,

either on paper or online;

15. ensure that the occupation list used by the external service provider is aligned with the VIS

list, so that correct information on the applicant’s occupation is entered in the VIS;

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16. update the process of exporting data from the external service provider in order to ensure that

all the address-related fields are extracted;

17. modify its IT system to:

(a) provide a free text field for specifying the occupation where it is set as ‘other’;

(b) provide the end user with more detailed information on previous applications and

their linking status, thereby facilitating the linking process;

(c) display VIS data only in a secured application environment;

(d) allow the consular authorities to select multiple reasons for refusal;

(e) allow the relevant visa authorities to delete visa applications and decisions, and

group and unlink applications, in both the national and the VIS databases;

(f) allow the relevant visa authorities to annul or revoke any visa in the VIS;

18. consider developing a new national visa system or carrying out a comprehensive overhaul of

the current system to align it with the workflow provided for in the Visa Code and the VIS

Regulation **[1]** and to make it more user-friendly;

_**Embassy in Abu Dhabi**_

19. ensure that the same information is displayed at both locations of the external service

provider, including checklists of required supporting documents and information on the

privileged treatment of family members of Union/EEA/Swiss citizens;

20. instruct the external service provider to inform applicants that the SMS service is optional and

subject to an extra fee, and that free online tracking is available;

**1** Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008
concerning the Visa Information System (VIS) and the exchange of data between Member
States on short-stay visas (VIS Regulation) (OJ L 218 13.8.2008, p. 60).

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21. review the workflow for transferring data from the external service provider to the embassy

and:

a) reduce redundant steps, such as the creation of additional CDs;

b) ensure that only embassy staff decrypt the data stored on the CDs;

c) ensure that the external service provider complies with basic security requirements

for the encryption passwords, bearing in mind the sensitivity of the personal data

being exchanged;

d) abolish the practice of returning the original CDs with applicants’ personal data to

the external service provider;

22. instruct the external service provider to review the technical configuration of its workstation

at the embassy in order to improve the efficiency of the process;

23. ensure that the information provided on the embassy’s website is correct; reconsider the

structure of the content in order to avoid discrepancies, especially with regard to the

harmonised list of supporting documents, and to make the website easier to navigate;

24. consider upgrading the security measures at the embassy premises;

25. improve the storage management of keys and consider, for instance, an electronic system to

control access to all keys for the premises;

26. ensure that the speaker and microphone at the visa counter work properly;

27. ensure that consular staff are aware of reduced visa fees under visa facilitation agreements

and that these fees are applied for all qualifying applicants;

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28. systematically verify the authenticity of travel documents, or focus on risk cases and

nationalities where the individuals’ travel documents are not well known to the embassy;

make use of existing resources (for example, the embassy’s document reader) and databases

(for example, PRADO) for that purpose;

29. ensure that knowledge of migratory risk and fraudulent practices is summarised in a written

document regularly updated by the consulate, so that new or replacement staff can quickly

familiarise themselves with the main challenges for issuing visas in the host country;

30. ensure that the embassy develops a more consistent approach to assessing applications and

clear criteria for taking decisions (both on whether a visa should be issued or refused and on

the period of validity of issued visas), records those criteria in a written document and

organises regular team meetings to share experience and knowledge, and discuss particular

cases;

31. ensure that sufficient human resources are dedicated to the examination of applications and

decision-making, and that decisions on difficult cases are systematically taken by the consul

or more experienced/qualified visa officers;

32. investigate more thoroughly the real purpose of travel in cases where the claimed purpose

seems doubtful, including by gathering the necessary information;

33. avoid refusing applications for the sole reason that the flight reservation by a travel agency

has expired and can therefore not be found online;

34. avoid refusing applications for the sole reason that the decision is being taken after or close to

the intended date of travel, without asking applicants whether they want to postpone their trip;

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35. enhance the training programme for expatriate staff, inter alia to improve their ability to apply

the provisions of the Visa Code to local circumstances and individual cases;

36. ensure that the consulate applies methodically the central authorities’ instructions on

increasing the length of validity of visas issued for applicants travelling regularly (‘cascade’

approach), while allowing for the individual assessment of files and possible harmonisation in

local Schengen cooperation;

37. record the outcome of the examination of applications and further investigations and the

reasons leading to a decision, ideally in the IT system; consider adapting the comment field

for that purpose, if necessary, in a future overhaul of the IT system;

38. in the event of backlog in processing visa applications, introduce a system of sorting them in

order of priority (for example, travel purpose, travel date, cases not requiring prior

consultation); where possible, avoid deciding on applications after or very close to the

intended travel date;

39. ensure that in cases of prior consultation, the consultation period is used to examine the

applications, with a view to avoiding unnecessary delays;

40. consider involving local staff more in the visa procedure (for example, in the initial analysis

of supporting documents, carrying out interviews or printing visa stickers), in order to free up

time for expatriate visa officers to process applications faster and conduct further

investigations, where needed;

41. consider establishing adequate storage facilities for archiving applications;

42. limit the number of visas stickers that are taken out of the safe; ensure that the embassy has a

clear daily overview of printed stickers, for example by compiling a list of control stickers;

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43. ensure that all consular staff are aware of the distinction between the annulment and the

revocation of visas;

44. ensure that, where a visa is revoked, the applicant is always notified of the reasons by means

of the standard form;

45. train and instruct local staff to systematically send verified applications to the VIS;

46. ensure that the external service provider informs the public about the languages in which the

application form can be completed and makes the form available in Czech and Arabic;

47. ensure that the external service provider uses checklists that correspond fully to the

harmonised list of supporting documents applicable to the United Arab Emirates;

48. ensure that visa applications are systematically linked to previous applications by the same

person;

_**Consulate in Chengdu**_

49. ensure that the external service provider provides information on the languages in which the

application form can be completed and that the information on appeals is updated;

50. instruct the external service provider to display the checklists of required supporting

documents more clearly and complete the information on visa fee reductions and waivers;

51. consider instructing the external service provider to allow all applicants, at least during peak

season, to book an appointment to lodge their application, in addition to the current walk-in

system;

52. instruct the external service provider to ensure sufficient seating for applicants, especially

during peak season;

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53. instruct the external service provider to review the hard- and software configuration of its IT

system in order to improve its performance;

54. ensure that the consulate’s website provides information on the languages in which the

application form can be completed and that a list of accredited travel agencies (under the

agreement on ‘Approved Destination Status’, ADS) is published, possibly in cooperation with

other Member States in local Schengen cooperation;

55. ensure that local staff are aware of visa fee waivers under the Visa Code and reduced visa fees

for certain nationals under visa facilitation agreements;

56. examine all, possibly relevant, supporting documents that the applicant wishes to submit and

keep them in the file for the archive;

57. extend VISMail access to all visa decision-makers working in a given consulate;

58. instruct the external service provider to encrypt fully the data that is transmitted to the Czech

authorities;

59. ensure that the consulate conducts the return control for ADS groups, if deemed necessary by

local Schengen cooperation, and that the external service provider is not entrusted with tasks

not permitted by the Visa Code;

60. take measures to prevent the incorrect stamping of invalidated stickers already affixed to the

travel document.

Done at Brussels,

_For the Council_

_The President_

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