Due to the amendment of the Civil Aviation Act No. 49/1997 Sb., the conditions of background checks are changing effective 1 January 2023. The most fundamental change is the establishment of a universal background check with a validity of 1 year. Further information is provided below.
Background check is a process whereby, upon successful completion and meeting other conditions, authorised persons may enter the security-restricted area of the airport unescorted. The Civil Aviation Authority (hereinafter referred to as ‘the CAA’) carries out the background checks.
Validity of the background check certificate
Background check certificate (hereinafter ‘Certificate’) is valid for 1 year.
Certificates issued from 1 January 2022 to 31 December 2022 are still valid for 1 or 3 years, depending on the type of background check with a validity of 3 years for Standard Background Check Cerificates, and a validity of 1 year for Enhanced Background Security Check Certifiates.
Certificates issued before 31 December 2021 shall remain valid until their expiry or 30 June 2024 whichever is earlier.
Requirement of a background check
Effective 1 January 2023, Czech law established only one universal type of background check with a unified process for issuing Certificates and universal validity (1 year). The criterion is the applicant’s good repute and credibility.
Below is the list of professions and activities performed by the applicants with non-exhaustive list of trainings as contained in the National Civil Aviation Security Training Programme (hereinafter referred to as “NCASTP”):
• Flight crew member employed by a European Union air carrier
Type of training according to the NCASTP – D1, D2, D3
• Persons implementing, or responsible for implementation of, screening, access control or other security checks (regardless of whether the checks take place inside or outside the restricted area)
Type of training according to the NCASTP – B11, B12, B13, B14, B15, B16, C11, C12, C21, C22, C3, C4, C5, D2, D3
• A trainer holding a permit to conduct professional training pursuant to Section 85x(1) of the Civil Aviation Act
Type of training according to the NCASTP – E4
• Persons performing EU aviation security validation
This category is not applicable in the Czech Republic
• Persons having unescorted access to SRA/CSRA and persons having unescorted access to air cargo and mail, air carrier mail and air carrier material, in-flight supplies and airport supplies to which the required security controls have been applied (e.g. mechanic, some cleaning staff, handling staff, duty free shop staff, etc.)
Type of training according to the NCASTP – A2, C11, C12, C21, C22, C3, C4, C5
• The person appointed by the entity to be responsible for implementing the security programme (security manager)
Type of training according to the NCASTP – B17
• Person responsible for implementing the entity’s internal quality control
Type of training according to the NCASTP – E3
• Persons having administrator rights or unsupervised and unlimited access to critical information and communications technology systems and data used for civil aviation security purposes as described in 1.7.1 of Implementing Regulation (EU) 2019/1583 in accordance with the national aviation security programme, or having been otherwise identified in the risk assessment in accordance with 1.7.3. of the Implementing Regulation (EU) 2019/1583.
Given the interconnectedness of the security-related processes and the requirements of the National Civil Aviation Security Training Programme, the following persons are also required to undergo a background check, even though they are not explicitly covered by directly applicable EU regulations:
• A person who completes Type A1 training under the NCASTP without the need for a permanent airport identification card (e.g. shop clerks or some cleaning staff);
• A person responsible for the protection of civil aviation against unlawful acts at a small aerodrome of the aero club type which does not apply a permanent or temporary SRA/CSRA (small airport security manager) – Type G1 training pursuant to the NCASTP.
Application for background check
TThe application for background check shall be made by means of electronic application. The application can be completed in Czech or English. The applicant may choose between an application submitted using the national electronic identification and authentication scheme (hereinafter referred to as ‘NIA’) and a standard electronic application. If the application is submitted using the NIA form, the application is delivered to the CAA automatically after the application has been completed and confirmed as sent, so it is a faster way of submitting the application. If the application contains attachments or is completed using a standard electronic form, the attachments or the hand-signed application must be delivered to the CAA in person, by post or by Czech data box after the authorised conversion of the document.
The electronic application form for background check can be found at the following link (Czech and English): https://ros.caa.cz/
The application form for the issuance of a duplicate Certificate, which replaces the originally issued document in the event of loss, destruction or theft can be found at the following link (in Czech and English): https://ros.caa.cz/duplikat
It appears that my job related duties do not fit into any of the above-mentioned categories (standard/enhanced). However, the Certificate is otherwise necessary for the performance of my job related duties or requested by my employer. Can I apply for the Certificate, even though my job related duties are not specifically covered by the distinction made above?
Yes, the above-mentioned list of activities is not exhaustive. At present, it is the only specification that emanates from binding and non-binding legal documents. Applicant may submit their application even when the application job-related or otherwise requested by the employer or NCASTP.
What conditions must I meet in order to pass the background check?
To obtain a background check, the applicant must meet the good repute requirement and credibility requirement.
a) a natural person shall be considered to be of good repute if he/she has not been effectively convicted of a crime committed out of negligence in connection with the performance of work of aviation personnel, airport operation, provision of air services or operation of aviation activities, unless he/she is considered not to have been convicted of the crime.
b) a credible person for the purposes of the background check is deemed a natural person whose unescorted entry to the security-restricted area is not connected with a specific risk. A specific risk is a reasonable suspicion that the hitherto conduct of the natural person, his/her business or social contacts give strong indication that he/she could expose civil aviation to the risk of an act of unlawful interference. Credibility is certified by a binding opinion of the Police of the Czech Republic, by which the CAA is bound.
If I submit an application without using NIA, where should I bring or deliver the attachments?
The form must be printed, signed and delivered to the CAA together with all attachments by Czech data box, by post or in person. Contact details of the CAA can be found here.
How long does the process of background check take?
Background check usually takes 40-50 days from the date of receipt of the application (Section 71 of the Code of Administrative Procedure in conjunction with Section 85h of the Civil Aviation Act). In particularly complex cases, the time limit may be extended by a further 30 days (Article 71(3)(a) of the Code of Administrative Procedure). These limits are given in calendar days and are governed by the provisions of Sections 44(1) and 40 of the Code of Administrative Procedure. It is advisable to apply for a background check well in advance of entering employment.
Is there a fee for the application?
No, there is no fee for the background check or application.
I am not a citizen of the Czech Republic or I have been living outside the Czech Republic for a long time, can I still apply for a background check?
Yes. However, the applicant must attach to the application an extract from the criminal record of the country in which the applicant has resided continuously for more than 6 months in the 5 years preceding the date of application, or an extract from the criminal record in which the information is annexed. At the same time, if the applicant is a foreigner, he or she shall also attach to the application a document similar to the extract from the criminal record of the State of which he or she is a national or an extract from the criminal record, which shall include this information. If such State does not issue a document similar to the extract from the criminal record, the applicant shall attach an affidavit of good repute made before a notary or authority of the State of which he is a national, or before a notary or authority of the State of his last residence. These documents must not be older than 3 months.
In the case of EU Member States, in most cases, a criminal record extract can be obtained at Czech POINT contact points (more information on the Criminal Register website here).
In certain cases, documents issued by foreign states are required to be certified by an apostille or superlegalization, depending on whether the state in question has an international treaty with the Czech Republic. More information regarding the authentication of documents, including a list of contracting states to the Apostille Convention and a list of states with which the Czech Republic has concluded a bilateral legal aid treaty specifying public documents that are exempt from further authentication, is available on the website of the Ministry of the Interior here.
If you have any doubts or difficulties in obtaining a criminal record or similar document, we recommend contacting the relevant embassy.
For documents not written in the Czech or Slovak language, an officially certified translation into the Czech language is also required in accordance with Section 16(1) and (2) of the Code of Administrative Procedure.
Under the conditions set out in Regulation (EU) 2016/1191, selected public documents issued by EU institutions are exempt from legalisation and certified translation. This exemption also applies to the extract from the criminal record, but under the condition of no criminal record existence. If the applicant has a criminal record, Regulation (EU) 2016/1191 does not apply.
Which laws regulate background check?
The institution of background check is regulated by both national and EU legislation. The procedure is mainly regulated in § 85e et seq. of the Civil Aviation Act. The procedural procedure of the administrative procedure is based on the Code of Administrative Procedure. The European Union regulates the background check in the following Regulations:
Who decides whether I need a background check for my employment?
According to the above-mentioned regulations, there are certain areas of activities for which it is necessary to have a background check. In general, however, any person entering a security-restricted area unescorted needs background check. It can therefore be summarised that if you are required to enter a security-restricted area unescorted as part of an activity not listed in the table above, you must have a valid Certificate.
This shall not apply if the person is in service with the Police of Czech Republic, the Fire Rescue Service of the Czech Republic, the Customs Administration of the Czech Republic, the Prison Service of the Czech Republic, the General Inspection of Security Forces, the Security Information Service and the Office for Foreign Relations and Information, or who holds a valid proof of security qualification of a natural person or a valid certificate of a natural person under the act regulating the protection of classified information; such person is deemed reliable under Civil Aviation Act.
As a holder of the Certificate, can I enter a security-restricted area at any time?
No. Entry into a security-restricted area must always be justified, for example, in order to carry out a task arising from a job assignment.
How do I extend the validity of my Certificate?
Validity of Certificate cannot be extended. The Certificate shall cease to be valid by law upon expiry and a new background check must be requested in accordance with the procedure set out above. A new background check may be applied for no earlier than 3 months before the expiry of the existing Certificate.
I need to provide an extract from the criminal record of Ukraine for my background check. May I provide an affidavit of good character instead due to current extraordinary events?
No. Since the Ukrainian Embassy in the Czech Republic provides extracts from the Ukrainian criminal records (https://czechia.mfa.gov.ua/konsulski-pitannya/dovidka-pro-ne-prityagnennya-do-kriminalnoyi-vidpovidalnosti-nesudimist), the CAA ceased to accept affidavits of good character instead of extracts from the Ukrainian criminal records effective 15 June 2022.