Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2020/0238(NLE)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

On: 20 October 2020

To: Delegations

No. prev. doc.: 11283/20

**Brussels, 22 October 2020**
**(OR. en)**

**12171/20**

**SCH-EVAL 162**
**FRONT 303**
**COMIX 493**

Subject: Council Implementing Decision setting out a recommendation on
addressing the deficiencies identified in the 2019 evaluation of the **Slovak**
**Republic** on the application of the Schengen acquis in the field of
**management of the external borders**

Delegations will find enclosed the Council Implementing Decision setting out a Recommendation

on addressing the deficiencies identified in the 2019 evaluation of the Slovak Republic on the

application of the Schengen acquis in the field of management of the external borders, adopted by

written procedure on 20 October 2020.

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 the Slovak Republic on the**

**application of the Schengen acquis in the field of management of the external borders**

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 the Slovak Republic remedial actions to

address the deficiencies identified during the Schengen evaluation in the field of

management of the external border carried out in 2019. Following the evaluation, a report

covering the findings and assessments, listing best practices and deficiencies identified

during the evaluation was adopted by Commission Implementing Decision C(2020) 1050.

(2) The Mobile Intervention Unit was considered as a good practice since it has an added value

for the border control activities. The Unit functions nationwide according to its mandate,

mainly focusing on the prevention of cross-border crimes and supporting border

surveillance. It currently also functions as a reinforcement unit for the Border Control Units,

and has the capacity to cope with emerging threats and high-risk situations at any given

moment.

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

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(3) In light of the importance of complying with the Schengen acquis, priority should be given

to implementing recommendations 2, 4 and 19.

(4) This Decision should be transmitted to the European Parliament and to the Parliaments of

the Member States. Within three months of its adoption, the Slovak Republic should,

pursuant to Article 16 (1) of Regulation (EU) No 1053/2013, establish an action plan listing

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

provide that action plan to the Commission and the Council,

RECOMMENDS:

that the Slovak Republic should

**Integrated Border Management Concept**

1. enhance the participation of Slovak national experts in Schengen evaluations i.e. by

increasing the number of trained experts for this purpose, and further specify this objective

in the national Integrated Border Management action plan;

2. increase the English language skills of police officers, by continuing to provide regular

training in English language and including concrete objectives for this purpose in the

national Integrated Border Management strategy and action plan;

**Risk analysis**

3. improve the use and knowledge of the handbook on the identification of foreign terrorist

fighters by police officers:

**National Coordination Centre/Eurosur**

4. bring the National Situational Picture fully in line with Article 8 (2) (b) of Regulation (EU)

1052/2013 by establishing the operational layer;

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**Land border surveillance**

5. increase the level of access of the Regional Operational Centre to the position of the patrols

to enlarge the operational picture and improve the level of situational awareness and

reaction capacity;

6. consider equipping the foot patrols with Global Positioning System to improve their

visibility and the reaction capability and response time;

7. establish access to the Fleetware Automatic vehicle Location system for each Border

Control Unit to have permanent monitoring of the patrol units, and to improve the level of

situational awareness and response time;

8. provide functional communication by equipping the patrols with for example Trans

European Trunked Radio (TETRA) standard radios;

**Border checks – Horizontal issues**

9. ensure that stamps stating “ANNULLED” are available at all visited airports;

10. ensure that relaxation of border checks respects Article 9 (1) of the Schengen Borders Code;

11. bring the signs above the lanes for buses/cars and diplomatic personnel in line with the signs

as set out in Annex III Part C of the Schengen Borders Code;

12. ensure that all air carriers, especially those travelling from risk destinations, send the

passenger information data in advance;

13. impose sanctions on carriers which have not transmitted data or have transmitted incomplete

or false data, to facilitate the performance of border checks and combat illegal immigration

more effectively;

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**Visited sites – Land borders**

**Ubl’a Border Crossing Point**

14. ensure that unauthorised observation inside the control booths at Ubľa border crossing point

is prevented and that the police officer can also observe the traffic outside under all

circumstances;

15. improve the traffic flow management at the border crossing point Ubľa for the EU/EEA/CH

lane to facilitate the checking procedure as well as the smooth flow of passengers;

**Visited sites – Air borders**

**Bratislava Airport**

16. ensure that the risk analysts at Bratislava airport are provided with enough time to prepare

risk analysis products;

17. ensure that all first-line officers at Bratislava Airport are aware of the content of the monthly

risk analysis (including foreign terrorist fighters indicators) and create a mechanism to

monitor their awareness;

18. increase the number of police officers at Bratislava Airport entrusted with border checks

tasks;

19. provide written information about second line checks in advance in order to inform

passengers timely about the purpose of these checks and revise the text accordingly;

20. ensure a proper communication between the police officers and passengers (e.g. enlarge the

slots in the glass window of the booths) at Bratislava Airport;

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**Košice Airport**

21. ensure that the police officers performing border checks of passengers arriving to Košice are

able to perform profiling easily by adjusting the booths to have a good overview of the

passengers and ensure that the signs are clear and work adequately;

22. ensure that an appropriate area allows for a clear overview of the approaching passengers in

the departure area in order to allow the first line officers proper profiling;

**–**
**Poprad** **Tatry Airport**

23. ensure a smooth connectivity to databases in order to avoid unnecessary queueing at Poprad

–
Tatry Airport.

Done at Brussels,

_For the Council_

_The President_

____________________

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