Background:

The Czech Republic is preparing to implement the mandatory audio recording of personal interviews as outlined in Article 14, Paragraph 2, of Regulation (EU) 2024/1348, part of the European Pact on Migration and Asylum. This provision requires that all personal interviews be recorded, with applicants being informed in advance of the recording and its purpose. Special attention must be given to applicants in need of procedural safeguards, and the recording must be included in the applicant’s file.

The Czech Republic is seeking insights into the experiences of other EMN Member Countries, including both technical and procedural aspects, to better understand how they plan to implement this obligation in practice.

Respondents:

22 EMN Member Countries, including BE, provided a public answer to this ad hoc query. 

Findings:

A preliminary analysis of the results of the ad hoc query shows that: 

• Recording practices vary across EMN Member Countries. Of the 22 responding countries, 7 report that audio or video recording of personal interviews is already standard practice. Additionally, IT has completed a trial phase of audio-video recording of personal interviews with asylum seekers. LU, NL, and ES have also experience recording interviews in specific cases (e.g., for unaccompanied minors) but do not consider it a general practice.
   
• The method of recording of personal interviews varies across EMN Member Countries, with many using audio or audiovisual methods to document the proceedings. However, audio recording appears to be the dominant method, while video recording is either a complementary option or reserved for specific circumstances. Most countries inform applicants in advance about the recordings, and the recordings are typically appended to the applicant's file.
   
• Storage methods vary. Some responding countries, such as BG, EE and LV, store recordings on physical media like CDs or internal discs as part of the applicant’s file. Other countries, including FR and LT, store recordings in internal IT systems or databases, as part of the applicant’s digital case file, with restricted access for authorised personnel.
   
• Transmission methods also vary. Several EMN Member Countries rely on physical media to transmit recordings to courts, including CD/DVD (BG, EE, LV) and flash drives (MT). In contrast, some EMN Members provide courts with direct digital access (FR, EL, LT).
   
• Implementation is still in the early stages for many EMN Member Countries. Several of them, including BE, report that implementation is still in a preparatory phase, with national legal reforms being drafted and technical and logistical challenges under assessment. DE and ES have taken concrete steps toward implementation. 

For further details, please read the compilation of answers attached above.