To the provisions of Article 85e of the Act – Background checks
Article 85e paragraph 1) of the Civil Aviation Act No 49/1997 Coll. as amended (hereinafter “Civil Aviation Act”),
reflect to paragraph 1.2, point 4 of the Annex Regulation (EC) No 300/2008 of the European Parliament and of the
Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No
2320/2002 (hereinafater “Regulation (EC) No 300/2008”).
According to the provisions of paragrapgh 1.2, point 4 of the Annex to Reguliation (EC) No 300/2008, persons, including flight crew members, shall have successfully completed a background check before either a crew identification card or an airport identification card authorising unescorted access to security restricted areas is issued to them.
Legal requirement, formulated as a prerequisite for the performance of activities under paragraph 1.2, point 4 of the Annex to Regulation (EC) No 300/2008, is covered by the provisions of Article 85e paragraph 1) of the Civil Aviation Act as background checks of natural persons who perform these activities.
Fundamentals and general principles of background checks are set out in the Annex to Regulation No 300/2008 on common rules in the field of civil aviation security. Under Article 3, paragraph 15 of Regulation (EC) No 300/2008, background check means a recorded check of a person’s identity, including any criminal history, as part of the assessment of an individual’s suitability for unescorted access to security restricted areas.
The law, in its provision of Article 85e paragraph 2) of the Civil Aviation Act, defines entities that perform background checks. Background checks for above mentioned persons are performed by the Civil Aviation Authority in cooperation with the Police of the Czech Republic (under Article 85e paragraph 2 of the Civil Aviation Act).