# EUR-Lex - 52012DC0472 - EN

*|*

# 52012DC0472

**REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Third Report on the Post-Visa Liberalisation Monitoring for the Western Balkan Countries in accordance with the Commission Statement of 8 November 2010 /* COM/2012/0472 final */**

			*

			*

REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL

Third Report on the Post-Visa
Liberalisation Monitoring for the Western Balkan Countries in accordance with
the Commission Statement of 8 November 2010

I.          Introduction

Since 19 December 2009, the citizens
of the former Yugoslav Republic of Macedonia, Montenegro and Serbia, holding a
biometric passport, have enjoyed visa-free travel to the EU Member States, in
accordance with Regulation 539/2001[1].
Under the same conditions the citizens of Albania and Bosnia and Herzegovina
have enjoyed the same visa-free travel to the EU Member States since 15
December 2010.

The decisions to grant visa-free travel to
citizens of these Western Balkan countries were based on thorough assessment of
the progress made in the areas identified in the roadmaps for the visa
liberalisation dialogues (document security, border management, asylum,
migration, fight against organised crime and corruption, and protection of
fundamental rights). The visa-free regime is the most tangible benefit for the
citizens of the Western Balkan countries in the process of their integration
into the EU, and a very strong incentive for accelerating reforms in the area
of justice and home affairs.

In its statement presented on 8 November
2010 at the Justice and Home Affairs Council, the Commission has explicitly
underlined the importance of a continued effective implementation of all
measures and reforms undertaken by the Western Balkan countries as part of
their obligations for the visa dialogue. In order to assess the consistency and
sustainability of the relevant reforms, the Commission has established a post-visa
liberalisation monitoring mechanism, which covers all areas of the visa
liberalisation roadmaps and allows the Commission to scrutinise the
progress which has been made.

The purposes of this report are (1) to
present the actions undertaken under the post-visa liberalisation monitoring
mechanism, following the first and the second Commission Staff Working
Papers on the post visa liberalisation monitoring issued in May and December
2011[2], (2) to assess the progress
made in the relevant Western Balkan countries after the last assessment
(December 2011), and (3) to identify the next steps and the concrete actions to
be taken.

II.        Actions undertaken under the post-visa liberalisation monitoring mechanism following the Second
Commission Staff Working Paper issued on 7 December 2011

The second Commission Staff Working Paper
(CSWP) on the post-visa liberalisation monitoring mechanism was issued on 7
December 2011 and was presented to the European Parliament and the Council in
December 2011. It provided a detailed analysis of the progress achieved by the
Western Balkan countries concerned in the areas identified in the visa dialogue
roadmaps, the results of the monitoring mechanism, as well as the measures
undertaken by the Western Balkan countries with a view to develop the
management of their migratory outflows.

In 2012 the Commission organised experts Rule
of Law assessment missions to Montenegro (March 2012), the former Yugoslav
Republic of Macedonia (April 2012) and Albania (May 2012). These missions
allowed the Commission, supported by EU Member States' experts, to verify on
the spot the progress made and the sustainability of the reforms.

In addition, on 1-2 March representatives
from the Commission, including those from the EU Delegations in the Western
Balkan countries met in Tirana in the framework of the biannual Western Balkan JAINET
forum which represents an important mechanism for strengthening targeted
expertise in the area of justice and home affairs in the EU Delegations. The
meeting of JAINET constituted an operational working platform, allowing for
valuable exchange of information, relevant for the post-visa liberalisation monitoring
mechanism.

The dialogue between the Commission and the
Western Balkan countries continues also within the framework of the Stabilisation
and Association Process. On 24-25 April the annual Justice Freedom and
Security Sub-committee with Albania was organised in Tirana. High Level meeting
with the authorities of Bosnia and Herzegovina in the area of home affairs was
organised in Brussels on 3 May, which also covered human rights issues
previously foreseen under Block IV of the visa roadmap. These meetings allow
detailed exchange of information between the Commission and the competent
national authorities and stimulated fruitful discussions on the necessary
reforms.

The EU Member States mostly concerned by
the influx of asylum seekers continue to carry out bilateral visits in
the relevant Western Balkan countries in order to exchange information on this
phenomenon and to discuss specific measures to tackle it, while keeping
Commission informed of possible developments. Representatives of the Western
Balkan countries were also invited to visit the EU Member States' competent
authorities.

Moreover, within the framework of the alert
mechanism managed by FRONTEX through the Western Balkans Risk
Analysis Network (WEBRAN), seven additional alert reports have
been issued since December 2011. The FRONTEX alert reports continue to provide
a detailed analysis of the dynamic migration inflow trends from the region. The
reports are instrumental for better understanding the phenomenon of the abuse
of visa liberalisation, assessing its development and identifying concrete
measures to tackle the challenges. On the basis of these reports, the
Commission provided regular updates and analysis of the migration
flows to the Member States in the relevant Council working groups, as well as
in a number of bilateral meetings with the EU Member States concerned.

III.       Assessment on the continued
implementation of benchmarks undertaken during the visa liberalisation
dialogues by the Western Balkan countries

The current assessment is based on (1) the detailed
reports requested by the Commission and provided by the Western Balkan
countries, (2) the information exchanged during meetings in the framework of
the Stabilisation and Association Agreement Committees and other dialogue
meetings, as well as (3) the outcomes of three assessment missions
carried out in March, April and May 2012 by Commission services, accompanied by
Member States' experts to Montenegro, former Yugoslav Republic of Macedonia and
Albania respectively.

For each country, the assessment follows the block structure of the visa liberalisation
roadmaps.

Albania

In the area of document security,
the process of producing and distributing biometric passports and identity
cards continues to run smoothly. By 30 June 2012, 2.4 million biometric
passports and 3.1 million biometric ID cards were issued.

Some progress has been made in the area of border
management. A protocol for joint patrolling was signed with Kosovo* and an agreement for exchange of information between border
migration police was signed with the former Yugoslav Republic of Macedonia. The
border management police is still extending access to the criminal intelligence
information system (MEMEX) to regional directorates and commissariats, while
the Inter-Institutional Maritime Operational Centre is not yet connected to it.
Since July 2012 the Total Information Management System (TIMS) has been linked
to the civil registry database in Border Crossing Points. Risk analysis and
threat assessment capacities need to be reinforced.

As regards migration, some progress
has been achieved. The readmission agreement continues to be smoothly
implemented. From November 2011 until March 2012, 2 407 return cases were
recorded. Relevant institutions in charge of implementing the strategy and
action plan for returned migrants should be reinforced. The adoption of the new
National Migration Strategy is still pending.

In the area of asylum, the
institutional and legal frameworks are in place. As of May 2012, 82 refugees
and 24 asylum seekers have been recognised. However, preparation in this area
needs to be stepped up. No ID document is yet provided to refugees and persons
granted complementary protection. The Albanian visa regime is still not
fully in line with the EU requirements.

In the field of police cooperation and
the fight against organised crime, some progress is to be reported. The
Albanian State Police is currently reviewing its structure in order to improve
reporting capacities of front-line officers and proactive investigations. There
is an urgent need for key institutions to step up coordination and thus
maximize the capacity to investigate serious and organised crime.

There has been some
progress in the area of fight against drugs.
International cooperation is ongoing, while intelligence-led approach should be
stepped up. Further efforts are necessary in order to increase the capacity of
detecting and investigating drug trafficking.

Some progress has been achieved with
regards to addressing trafficking in human beings, even though internal
trafficking remains a concern. Standard operating procedures for identification
and referral of victims and potential victims are in place, while the capacity
of the law enforcement agencies and international cooperation need to be
reinforced

Progress can be reported in the area of money
laundering. Risk assessments were developed by the police and shared with
other agencies. Based on MONEYVAL recommendations, amendments to the Criminal
Code establishing the autonomy of money laundering crime from the predicate
offence and the crime of self-money laundering were adopted. The number of
assets investigations, as well as reporting of suspicious transactions,
increased. However, the number of convictions for money laundering remains significantly
low.

Limited progress has been achieved
regarding the fight against corruption. The legal and institutional
framework is generally in place, while the obstacles to proper investigation
related to the immunity regime of high level public officials and the judiciary
need to be removed. The implementation of anti-corruption measures remains
insufficient. A solid track record of investigations, prosecutions and
convictions at all levels needs to be established.

There has been uneven progress in the field
of fundamental rights, with some progress achieved on women's
rights and anti-discrimination and limited progress as regards Roma inclusion.
The efforts for the implementation of the policy tools targeting vulnerable
groups need to be enhanced. The implementation of the Strategy on improving
Roma living conditions is still slow. Measures have been taken to tackle the
issue of unregistered Roma children. The efforts for the implementation of the
policy tools targeting vulnerable groups need to be enhanced. Overall, Roma
still face very difficult living conditions and frequent discrimination, mostly
regarding access to education, employment, social and health protection, as
well as housing.

Bosnia and Herzegovina

Good progress has been made in the area of document security. By May 2012, 1 187 007 biometric passports were issued, which is 72% of
all passports in circulation. The new law on the
identity cards has been adopted. Both entities have
adopted amendments to the Law on registry books. However, its full
implementation is still to be pursued. A draft law on
residenceship, strengthening the legal framework remains to be adopted.

Progress was made in border management.
Most of the legislation related to the integrated border management (IBM),
including the Law on border control is mainly based on the relevant EU acquis.
The revised IBM strategy and action plan are being implemented. Infrastructure
at border crossing points is further improved. Out of 55 international border
crossing points, 29 are covered by video surveillance. All international border
crossings are equipped with biometric passport readers and connected to the
integrated system of Control of State Border Crossings. The adoption of the
Rulebook on the internal organisation of the Border Police has been further
delayed. Financial resources need to be allocated to guarantee the
infrastructural interventions necessary to block the unauthorised Border
Crossing Points already identified along the Bosnia and Herzegovina borders
with Montenegro and Serbia. Parallel action is expected also by the other two
countries concerned.

Progress was achieved in the area of migration.
The centre for temporary detention of irregular immigrants is operational.
Implementation of the readmission agreement between the European Union and
Bosnia and Herzegovina continued smoothly. The strategy for the reintegration
of returnees remains to be implemented.

There was some progress in the area of asylum.
Bosnia and Herzegovina continues to implement the legal and the strategic
framework smoothly. The capacity of the asylum system is sufficient to address
the current number of asylum applications.

Bosnia and Herzegovina is still at an early
stage of addressing the fight against organised crime. The system of
electronic data exchange from the records maintained by police and
prosecutorial offices reached the testing phase, digitalisation of police
archives continues. The lack of systematic exchange of proper intelligence and
effective and sustainable coordination and cooperation mechanisms among the
different law enforcement agencies prevents further progress in the fight
against organised crime. A draft Law on Witness Protection Programme addressing
shortcomings of the current legislation has been prepared and is in the procedure
for adoption.

Bosnia and Herzegovina has made some progress
in the area of fight against drug trafficking. The institutional capacities to coordinate and systematically implement
the policy framework remain weak. Law enforcement activities need to be
enhanced. A Rulebook on safekeeping and destruction of seized narcotic drugs
was adopted by the Council of Ministers. The draft amendments to the Law on
prevention and suppression of the abuse of narcotic drugs, which foresees the
establishment of an Office for Drugs is yet to be adopted.

Bosnia and Herzegovina has made some
progress with regards to addressing trafficking in human beings (THB).
The number of THB victims identified increased. Further efforts are needed to
improve the coordination and maintain effective cooperation, both between
competent authorities and with NGOs dealing with human trafficking. Proactive
identification of victims, as well as effective and well-functioning national
referral mechanism are of utmost importance. Further strengthening of criminal
prosecution is needed.

Bosnia and Herzegovina has made some
progress in the area of fight against money laundering. There has been
an increase of criminal offences and the number of confirmed indictments of
money laundering has increased. The MONEYVAL recommendations, in particular
those related to the operational and budgetary independence of Financial
Intelligence Department, need to be promptly addressed. Amendments to the Law
on prevention of money laundering and financing of terrorist activities,
addressing the MONEYVAL recommendations remains to be adopted. The mechanism of
confiscation of assets needs to become operational throughout the country.

Limited progress
has been made in the area of fight against corruption. The Rulebook of
the Anti-Corruption Agency was adopted in July. The further efforts ate
necessary for the proper implementation of the Anti-Corruption Action Plan. Effective
investigations, prosecutions and convictions in corruption cases remain rare,
while the number of acquittals and suspended sentences is high.

In the area of fundamental rights
related to the freedom of movement, little progress has been made as regards
the Roma minority. While some progress was made in the implementation of
the Action Plan on housing, only little progress was made on employment, health
care and education. The process of revision of the Action plans on housing,
employment and health to better reflect the needs of the Roma population, in
line with the recommendations of the Roma Inclusion Seminar of July 2011, has
been launched. Discrimination in access to employment, health care, pension
rights and the slow pace of demining, remain barriers to the sustainable return
and local integration of internally displaced persons and other vulnerable
groups. The difficulties as regards the available financial and human resources
for the Ombudsman are still not addressed. Cases on discrimination brought by
citizens remain rare.

The
former Yugoslav Republic of Macedonia

As regards document security, until
March 2012 in total 1 398 280 travel documents and 1
517 873 ID cards were issued. The process of issuance is running
smoothly. Upon expiry of the deadline for replacement of old passports (27
February 2012) only biometric passports are valid.

In the area of border management, in
February 2012 a National Council for the integrated border management strategy
was established. The National Council is responsible for monitoring and
implementation of the strategy and its action plan. It consists of representatives
of relevant ministries and institutions involved in the implementation process.
Reconstruction of nine police stations for border surveillance was completed
while they are still not connected to the central database of the Ministry of
Interior. The joint contact centres for police cooperation were established
with Albania, Serbia and Kosovo. Protocols for joint border patrols
are being realised through mixed patrols with Albania, Bulgaria and Kosovo.

In the area of asylum a national
programme for integration was adopted for 2012 ensuring state funding for
housing support to persons granted asylum. The reception capacities and human
recourses of the asylum centre in Vizbegovo increased. Administrative capacity
and efficiency of the asylum administration remain insufficient and need to be
enhanced. The asylum procedure is slow; no progress has been made to speed up
the process of providing asylum seekers with ID documents, providing of
interpretation remains an obstacle.

As regards migration, the secondary
legislation needed for full operability of the national database for foreigners
(covering data on asylum, migration and visa) has been drafted. The national
migration profile for 2011 was adopted. Four migration centres providing
information on legal migration to citizens are operating. The readmission
agreement with the EU has been implemented smoothly. A readmission agreement with Serbia entered into force and a
readmission agreement with Montenegro was signed.

In the area of fight against organised
crime, investigative centres and judicial police foreseen by the CPC have
not been established yet. Further efforts are needed to implement the action
plan for the enforcement of the new CPC, in particular as regards training of
law enforcement agents and prosecutors. There is no progress as regards of the
staff shortage of the Centre for Suppression of Organised and Serious Crime at
the Ministry of Interior. The National Criminal Intelligence Database in charge
of intelligence gathering is still in the tendering phase and the National
Coordination Centre for fight against organised crime has not yet been
established. Efforts of relevant law enforcement bodies (the Ministry of
Interior, the Public Prosecutor’s Office, the Customs Administration and the Financial
Police) in fighting organised crime should be strengthened. Prosecutor's
effectiveness is hampered by the lack of direct access to databases. Little
progress can be reported in the area of the fight against drugs. The amount of
drugs seized on the country's territory remained low, The human resources
capacity of the Illicit Drugs Department of the Ministry of Interior should be
strengthened. Efforts of the law enforcement agencies in detecting and seizing
drugs need to be enhanced.

The international and regional co-operation
in the area of the cross-border organised crime has continued. The operational
agreement with EUROPOL was ratified.

As regards the fight against corruption,
in December 2011 the State Commission for Prevention of Corruption (SCPC)
adopted national programmes: for prevention and repression of corruption, as
well as for prevention of the conflict of interest, together with the accompanying
Action Plan 2011-2015. In the prevention of corruption field a number of
training activities were carried out (for judges, prosecutors, law enforcement
agents and civil servants). A systematic verification of asset declarations by
the SCPC has been launched. The verification of conflict of interest statements
has started following the adoption of secondary
legislation, but the system is incomplete. The system
of controlling both funding of political parties and financing of electoral
campaigns need to be reinforced to ensure its transparency and accountability.
A track record of high-level corruption cases has yet to be established. The
independence of the judiciary remains a matter of concern affecting the
determination to combat corruption.

In the field of fundamental rights,
the Action Plan on inclusion of Roma and Roma refugees was adopted in December
2011. It includes measures for further improving the access of Roma population
to employment, education, housing and personal documents. Action Plan
evaluation envisages stakeholders' meetings every 6 months and a first meeting was held in February
2012. The capacities of Roma Information Centres (RIC) were enhanced through
purchase of new technical equipment. In February 2012 tenth RIC was opened in
Topansko pole. As regards access to education, a decision was adopted to build
two schools in the Shuto Orizari municipality. Measures for granting
scholarships for Roma pupils continued, as well as projects on inclusion of
Roma children in the pre-school institutions. Training for Roma health
mediators has been realised and 16 of them will start work in 8 municipalities.

Montenegro

In the area of document security,
313 109 biometric passports and 444 023 ID cards were issued until 31 March
2012. The process is running smoothly.

As regards border management, modernisations
of two border crossing points (BCP) on the border with Serbia (Dobrakovo,
Dracenovac) have been finalised. IT equipment and vehicles for the border
police at major BCPs have been procured, installed and made operational. For
all other BCPs a detailed analysis of needs has been carried out and
shortcomings in equipment identified. The capacity of the border police was
also strengthened through training activities.

In the area of migration, a
co-ordination body was established to monitor the implementation of the
2011-2016 Strategy for reintegration of persons returned under the readmission
agreements. The readmission agreement between the EU and Montenegro continues
to be implemented smoothly. The establishment of the reception centre
for irregular migrants has been completed.

In the field of asylum, the Law on
asylum and the Law on foreigners have been adopted, but their implementation
presents a number of challenges. Competences of the relevant national bodies
should be further clarified. Adjudication of asylum claims has not improved. The
construction of the reception centre for asylum seekers was completed.

In the area of the fight against
organised crime, an Action Plan for combating organized crime was adopted
in January 2012 which introduces operational measures and indicators in line
with the priorities identified in the 2011 Organized Crime Threat Assessment
(OCTA). Amendments to the Rulebook on internal organisation and job description
of the Police Administration were adopted in November 2011, introducing more
specialised organisational units within the Police. Relations between the
prosecution and police services need to be improved to ensure the leading role
of the prosecutor in the investigations. Prosecutors' lack of direct access to
relevant databases and lack of sufficient capacity hampers the effective
implementation of the Criminal Procedure Code. The capacities of the law
enforcement bodies in conducting financial investigations need to be
strengthened. The capacity to use special investigative means has improved (in
terms of staff and equipment). However, the existing time limitations hamper
their effective use. The Intelligence Led Policing project needs to be rolled
out throughout the country and the police staff should be trained in parallel.
The international and regional co-operation on cross-border organised crime
continued effectively. The competences related to the fight against drugs have
been centralised at the criminal police department; its capacities were strengthened
through specialised training and by the purchase of equipment to be used in
anti-drug operations. Raising awareness activities on drugs were conducted in
schools and at local level. Close cooperation with Europol, Interpol, EU Member
States police forces, and the neighbouring countries in the field of drugs
continued.

As regards the area of the fight against
corruption, further steps have been taken to strengthen the legal
framework. Still, the mechanisms for controlling funding of political parties
and electoral campaigns, as well as the enforcement of sanctions need to be
reinforced and further specified in the legal framework. Control mechanisms in
public procurement need to be reinforced. Following the entry into force of
amendments to the Law on prevention of conflict of interest, all 36 Members of
the Parliament who were also members of management boards of state-owned
companies resigned from these positions and all 16 Members of Parliament who
also held executive positions (including 2 mayors) have resigned from one of
their functions. The Commission for the Prevention of Conflict of Interest
lacks the capacity to control the accuracy of civil servants' asset
declarations and declarations of interest, as well as to identify illicit
enrichment since it has no investigative powers and no access to relevant
databases. The number of corruption cases in which seizure of assets was
ordered is still very low. Legal provisions on extended confiscation have not
been used so far. A number of awareness-raising campaigns for reporting
corruption have been carried out. The Directorate for Anti-Corruption
Initiatives was transferred under the authority of the Ministry of Justice. However
its competences need to be upgraded and its capacities reinforced to ensure
better co-ordination of corruption prevention activities.

In the area of fundamental rights, the
members of the Council for the protection against discrimination were appointed
in February 2012. Awareness-raising activities have been launched during the
reporting period. However, the capacities of the Ombudsman's Office need to be
strengthened by financial means and through the appointment of new staff. Legalisation of the
status of displaced persons has advanced and should move forward. A strategy to
improve the situation of the RAE population was adopted in April 2012 together
with its action plan. Projects on social inclusion of RAE population continued.
However, sustainable efforts are needed to improve access to economic and
social rights for the displaced persons and for the RAE persons. Further efforts are needed to provide
sustainable living conditions in Konik.

Serbia

In the area of document security,
the process of producing and distributing biometric passports and secure ID
cards continued. Between July 2008 and March 2012, Serbian authorities issued
more than 3.8 million biometric passports and nearly 3.5 million ID cards. A
special coordination directorate is responsible for issuing biometric passports
and ID cards to persons residing in Kosovo. Between November 2011 and March
2012, it issued 17,000 biometric passports to persons residing in Kosovo.

In the area of border management,
Serbia has continued to implement its IBM strategy and action plan. It has
established contact points for cross-border cooperation with Bosnia and
Herzegovina and Montenegro. It continued to upgrade video surveillance
facilities and carried out joint operations at border-crossing points with
neighbouring countries. The operation of the early warning system to detect
false travel documents is running smoothly. However, the IBM strategy needs to
be updated. Full connection between all border crossing points and the central
database of the Ministry of the Interior remains to be ensured. The
establishment of several new BCPs has put a strain on resources; and the
domestic sharing of data and risk profiles, particularly in combatting
trafficking in human beings, remains deficient. The control of the
administrative boundary line with Kosovo remains a considerable challenge, and
information exchange with EULEX should improve. Serbia should sign and implement
the Technical Protocol for implementation of the IBM Agreed Conclusions of the
Belgrade - Pristina Dialogue of 2 December 2011.

In the field of migration, Serbia
has not made progress. The legislative framework largely meets EU standards but
remains to be effectively implemented. Claims are still temporarily processed
by the Border Police Asylum Unit, as the Asylum Office foreseen as the first
instance body has not been formally established yet. The mandate of the Asylum
Commission, the second instance body, expired in April 2012 and new members
remain to be elected. Serbia has two asylum reception centres, but they have
insufficient capacity to provide services for all asylum seekers. Serbia should
improve its asylum regime by swiftly establishing a third centre, developing a
system to process asylum seekers’ biometric data and enhancing conditions for
integrating asylum seekers. It should take further steps to align its
legislation with the EU acquis on legal migration, notably on the right
to family reunification, long-term residence and the conditions of admission of
third-country nationals for studies. A national database for checking personal
data and fingerprints of asylum-seekers is still missing. Readmission between
the EU and Serbia functions smoothly.

In the area of fight against organised
crime, Serbia has made progress. A number of legislative proposals seeking
to enhance law enforcement capacity and improve asset recovery are in the
pipeline. The special prosecutor for organised crime initiated a number of
high-profile cases in the reporting period, but confiscation of assets remains
moderate. Cooperation with Europol and Eurojust is improving, and Serbia is
closer to signing an operational agreement with Europol. Serbia remains a country
of origin, transit and destination for trafficking in human beings. The
legislative and institutional framework in the fight against drug trafficking
is in place, but Serbia remains an integral part of the drug trafficking route
across the Western Balkans. Addressing these challenges will require continuous
efforts.

Little progress has been achieved in the
area of fight against corruption. Serbia has put in place the legal and
institutional framework to combat corruption, including an Anti-Corruption
Agency and a new law on funding of political parties in
line with European standards. The Minister of Justice was appointed
anti-corruption coordinator. However, the introduction of a proactive,
intelligence-led approach in the fight against corruption as well as organised
crime remains outstanding. The authorities have not yet finalised its National
Anti-Corruption Strategy for 2012-2017 and its Action Plan. The Anti-Corruption
Agency has still to establish a track record of effective control of party
funding and to improve cooperation with relevant stakeholders to investigate
declarations of assets effectively. There is little implementation of
protection of whistle-blowers. The capacity to carry out complex financial
investigations remains limited; a centralised criminal intelligence system is
lacking; and asset recovery remains moderate.

In the area of fundamental rights related
to the freedom of movement, Serbia has made limited progress. The Ministry of
Interior has launched a campaign to recruit staff from minority communities. A
strategy and an action plan seek to improve the status of the Roma in Serbia.
The Conditions for basic education, enrolment in
schools, civil registration and access to health care have slightly improved.
Further serious efforts, including financial resources, are needed in order to
improve the status and socio-economic conditions of the Roma, who continue to
be the most vulnerable and marginalised minority. Access to the labour market
remains particularly challenging.

IV.       Prevention mechanism against
abuse of visa liberalisation by citizens from the Western Balkan countries:
evaluation of its implementation

The present evaluation is based on the 12th
to 18th FRONTEX alert reports as well as on the reports provided
by the Western Balkan countries, as requested by the Commission.

As outlined in the first and the second
CSWPs of 2011, referred above, some EU Member States have experienced seasonal waves
of increasing number of asylum seekers following the decisions taken
at the end of 2009 and 2010 to grant visa-free travel to the Western Balkan
countries[3].

During the reporting period Belgium,
Germany, Luxembourg and Sweden remain favourite destination countries. In
addition, from the beginning of 2012 Switzerland is experiencing higher
pressure to its asylum system due to the significant increase of asylum
seekers, mainly from Serbia. As one of the Schengen Associated Countries,
Switzerland was invited and subsequently has joined the Post Visa
Liberalisation Monitoring Mechanism Task Force in February 2012.

The seasonal character of the arrival of
asylum seekers from the Western Balkan countries continues to be observed also
during the first half of 2012, while some new dynamics have been
identified. The FRONTEX alert reports show that the total number of
asylum seekers from the region has decreased in comparison with the
previous reporting period (January -31%, February -20%, March -20%, April -15%)
while slight increase has been observed in May (+20%). The decline is mainly
due to the considerable decrease of the number of asylum seekers from Serbia
and the former Yugoslav Republic of Macedonia which still remain the top two
asylum intake nationalities. The sudden increase in May is due to significant
increase followed by significant decrease of asylum applications of Albanian
citizens triggered by rumours and misinformation.

The positive effect of the seasonal
decrease illustrated during the first four months is, however, counteracted by
several phenomena. Firstly, the decreasing trend is not equally spread among
all five visa-free Western Balkan countries. While the number of asylum seekers
from the former Yugoslav Republic of Macedonia and Serbia decreased or remained
stable, those from Albania, Bosnia and Herzegovina and Montenegro increased
when compared with the same period of 2011[4].

Secondly, some EU Member States experienced
increase of asylum seekers coming from the region despite the initial seasonal
decreasing trend. The highest numbers have been registered in Belgium (+20% in
April), Luxembourg (+31% in May) and Sweden (+133% in May). Moreover, sharp
off-trend fluctuations have been observed in some countries of origin and
countries of destination[5].

Furthermore, the annual comparison of the
number of asylum seekers from the region suggests delayed seasonality
with less pronounced increasing and decreasing trends. The weekly increase
during the last two weeks of April (+31%) suggests that the new wave of asylum
applications started with one month and a half delay in comparison with 2011.
In addition, as outlined in the last CSWP (December 2011) the delayed winter
pick in 2011 was 30% lower than the one in 2010. This phenomenon might have an
impact on the level of the currently observed starting spring/summer wave.

The most frequent reasons for asylum
claims continue to be lack of health care,
unemployment and lack of schooling. In addition, an increasing number of asylum
seekers have been motivated to leave their countries of origin on the basis of
rumours and received wrong information for asylum protection given on economic
grounds. In relation to the latter, the EU Member States embassies in the
Western Balkan countries have intensified their efforts to clarify the purpose
and the conditions of the asylum protection. The FRONTEX alert reports
confirmed that the majority of people continue to choose the same EU countries
as destination, because of information which they receive from friends and
relatives who have already travelled to these countries. Most of them are also
aware that there is little chance for their asylum request to be granted, but
try their chances anyway.

As regards the underlying reasons for the
high number of asylum applications which are subsequently judged to be
unfounded, the duration of asylum procedures and the associated
length of authorised stay in a given Member State remain relevant factors
which are taken into account by the would-be asylum seeker.

As mentioned in the previous CSWP, the
concerned EU Member States put in place specific counter-measures, e.g.
informational campaigns, optimisation of human resources employed in treating
asylum claims, decrease of the average processing time for manifestly unfounded
asylum applications and more effective procedures for appeals. It appears that
the information of the measures have had an impact on the choice of countries
of destination of some national groups.

The common profile of the asylum
seekers has been confirmed also during the first half of 2012. The majority
of the claims continue to be persons belonging to the Roma minority, who often
arrive with their families. The level of education among the Roma population in
the region remains low, and unemployment rates are very high, contributing to
social exclusion and deterioration of living conditions.

The attempts to circumvent the asylum
and return procedures, as outlined in the previous CSWP continue. Some
asylum seekers do not present their biometric passports when claiming asylum
which impede their identification.

The asylum recognition rate remains
very low[6],
indicating, as in the previous reports, the unfounded nature of most asylum
claims. However, unlike the previous period, when the new asylum applications
out-numbered the number of returns, since mid-January 2012 the ratio between
the number of new asylum claims and the number of returns is currently fairly
balanced.

The authorities of the five Western
Balkan countries have continued to take measures as requested by the
Commission to counter the phenomenon, as detailed above under section II. The
former Yugoslav Republic of Macedonia has adopted a new plan (April – September
2012) focussing particularly on social and economic measures aiming to improve
the living conditions of vulnerable groups, including Roma minority.

All update reports on the implementation of
the action plans dedicated to counteract abuse of the visa-free regime
presented by the Western Balkan countries continue to give particular
importance to information campaigns. Posters, brochures and leaflets clarifying
the obligations and rights stemming from the visa-free travel to the Schengen
area, as well as information on the rules for access to the EU labour market
have been distributed throughout the countries. The Western Balkan countries
report on increasing involvement of local NGOs in this process. The EU
Delegations in the region continue to play an important role in this respect.

Measures to strengthen border controls
continue to be applied. Particular attention has been given to border crossing
points with high road traffic intensity. All visa-exempted Western Balkan
countries report on relatively high number of identified persons who attempted
to leave their countries of origin without meeting the legal requirements.
Measures for enhancing cross-border cooperation between the neighbouring
countries have been also intensified.

The Western Balkan countries also reported
on continuation of measures as regards the control of travel agencies and
transport companies potentially involved in misinforming citizens about
asylum benefits. Bosnia and Herzegovina, the former Yugoslav Republic of
Macedonia and Serbia continue to coordinate actions of their law enforcement
agencies and the Ministries of transport to investigate possible
irregularities. The authorities of Bosnia and Herzegovina reported on withdrawn
transport licences based on irregularities as regards the rules of
international transport of persons while several cases are in prosecution
phase.

The amendments of the legal framework in the
former Yugoslav Republic of Macedonia introducing a new criminal offence
of facilitation of the misuse of the visa-free regime, as reported in the
previous CSWP (December 2011) have been implemented.

Long-term measures for better integration of the Roma minority have been agreed with
each country at seminars held by the Commission, in particular on housing and
access to health, education and employment.  Their successful and continuous implementation is of utmost
importance for addressing the phenomenon of unfounded asylum applications (see
also the country's analysis in section III). The European Commission had organised
jointly with the respective authorities throughout 2011 a series of "Roma
seminars" in the region to review and find solutions to the challenges the
Roma community faces. Overall horizontal findings identified an important gap
between the adequate legislation and policies currently in place, and their
proper implementation on the ground. The seminars led to a number of
operational conclusions in key areas such as: civil registration, education,
employment, social and health care, housing and freedom of movement. Follow up
sessions on the implementation of the conclusions jointly agreed with the
authorities are scheduled in 2012.
In addition, the successful conclusion of the 'Sarajevo process' for the return
or local integration of the most vulnerable refugees and IDPs will provide an
important contribution to settling these communities.

Additional efforts have been made for the integration
of returnees[7].
Serbia continued to implement its reintegration strategy and reported on a
project to develop a database tracking returnees' access to public services.
Three reception centres welcome returnees in Serbia. An information booklet on
return has been translated into several languages. Yet, the financial means for
reintegration for all five visa-exempted Western Balkan countries remain
insufficient and returnees' access to jobs, education, training and recognised
qualifications is still limited.

The European Parliament and the Council are
currently discussing legislative proposals aiming, inter alia, at
limiting the abuse of the asylum systems in the EU Member States and preventing
asylum shopping. In addition, the proposal of the Qualification Directive has
been adopted in December 2011. Work on other instruments continues.

Finally, the co-legislators are in the
final stage of discussing the Commission's proposal for an amendment of
Regulation 539/2001 (which lists the third countries whose nationals must be in
possession of a visa when crossing the external borders and those whose
nationals are exempted from that requirement)[8] . This proposal, foresees inter alia a visa safeguard clause
allowing the temporary suspension of the visa waiver for a third country whose
nationals are exempted from the visa obligation in case of an emergency
situation, where an urgent response needs to be given to solve difficulties
faced by one or more Member States. Such a mechanism would be a measure of last
resort and can be applied to any third country exempted from the visa
obligation.

V.        Next steps and concrete
actions

The Commission considers that the post-visa
liberalisation monitoring mechanism currently in place continues to
function effectively and to provide the necessary tools to monitor the
continuous implementation of the visa liberalisation benchmarks by the Western
Balkan countries and the migration flows between these countries and the Union.
The alert mechanism has the capacity to help EU decision-makers, including the
Commission, to understand the nature of the current phenomenon, to assess its
developments and to prepare for possible future measures and decisions.

The FRONTEX alert mechanism is crucial to
enable the Commission and the Member States to continue the effective
monitoring of the situation and of migration flows between the Western Balkan
region and the Union. The alert mechanism should therefore be continued. An
assessment concerning its further extension will be made in the beginning of
2013.

Based on the monitoring during the last six
months and in comparison with the December 2011 CSWP, the following conclusions
can be drawn:

The large majority of travellers from the
visa-free Western Balkan countries continue to be bona fide
travellers and thus the genuine purpose of visa liberalisation - to
facilitate people-to-people contacts, enhance business opportunities and
cultural exchanges and give the possibility to the people of the region to get
to know the EU better – continues to be satisfactory.

Implementation of the reforms undertaken by
the Western Balkan countries in the area covered by the visa liberalisation
roadmaps continued. However, in some cases reinforced efforts are needed
to ensure the full sustainability and irreversibility of the reforms.

The level of bilateral cooperation and
implementation of the EU Readmission Agreements with the Western Balkan
countries continue to be positive.

The phenomenon of abuse of
visa liberalisation has developed in terms of seasonality and geographical
scope. At a global level, the total number of asylum seekers from the
Western Balkan countries has decreased in comparison with the previous
reporting period of 2011. However, the year-by-year comparison demonstrates
increase of asylum seekers during the off-pick season. Combined with the
decrease during the pick season, as reported in the previous CSWP, this
development shows delayed and less sharp seasonality trends. Moreover,
the trends observed as regards individual countries of origin and countries of
destination outline fluctuations which are not compatible with the global
trend. For a second consecutive year, the phenomenon has broadened
geographically.

The poor level of integration of local
communities, in particular of Roma origin, continues to be a push factor
for the vast majority of unfounded asylum applications. The main reasons for
leaving remain economic, based on expected financial advantages associated with
asylum claims in some EU Member States.

The Western Balkan countries remain
committed to finding solutions to the current problems and some of the measures
put in place have produced positive results. However, the broadened
geographical dimension and the increasing frequency of well-organised groups
of asylum-seekers of Roma origin call for more targeted result-oriented
actions.

On the basis of the above conclusions, as
well as of the consultations and exchange of best practices undertaken in the
last months between the Commission, the Western Balkan countries and the EU
Member States concerned, the following actions continue to be identified
as necessary:

(1)
Firstly, enhanced cooperation with the
authorities of the Western Balkan countries should continue in order to help to
overcome and if possible to anticipating difficult situations faced by some EU
Member States. This cooperation is of a particular importance in view of the
diverging trends of some countries of origin and some countries of destination.
The cooperation should be based on regular information exchange between
the Commission, EU Member States concerned and the countries of the region, in
accordance with EU and national legislation.

(2)
Secondly, efforts as regards the investigation
of facilitators like travel agencies, transport companies etc. need to be
intensified.

(3)
Thirdly, efforts to strengthen exit controls
(in the Western Balkan countries) and entry controls (at EU borders)
should be further enhanced. In this context, the EU Member States which have a
direct responsibility for managing EU external borders should continue to give
particular attention to the phenomenon, in line with the Schengen acquis
and in close collaboration with Western Balkan countries, EU Member States of
destination and FRONTEX.

(4)
Moreover, continuous, targeted information
awareness campaigns shall be intensified aiming to clarify the rights and
obligations of visa-free travel, including information on rules for access to
the EU labour market and liability for any abuse of rights under the visa-free
regime.

(5)
Assistance to minority populations, in particular Roma communities, should be substantially
increased and more targeted in the countries of origin. Particular
attention should be given to increase the level of school enrolment of Roma
children, as well as the employment rate. This should include implementation of
national strategies and assistance by the authorities of the countries
concerned, supported by available EU assistance and bilateral assistance of
Member States. The Commission is ready to put additional emphasis on further
strengthening assistance provided under the Instrument for Pre-accession
Assistance (IPA), including TAIEX.

[1]               Council Regulation (EC) No
539/2001 of 15 March 2001 listing the third countries whose nationals must be
in possession of visas when crossing the external borders and those whose
nationals are exempt from that requirement (OJ, L 81, 21.3.2001, p. 1).

[2]               SEC(2011) 695 final and SEC(2011) 1570 final.

*               This designation is without prejudice to positions on
status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo
declaration of independence.

[3]               The former Yugoslav Republic of Macedonia, Montenegro
and Serbia in 2009 and Albania, Bosnia and Herzegovina
in 2010.

[4]               Comparative statistical data for May 2012 versus May
2011: Albania (+725%); Bosnia and Herzegovina (+14%); the former Yugoslav
Republic of Macedonia (-48%); Montenegro (+77%), Serbia (-13%).

[5]               Sharp off-trend increase of asylum applications have
been registered by Albanian citizens in Luxembourg (+275% in February and +233%
in March), and in Sweden (+268% in April and May +413%); citizens of Bosnia and
Herzegovina in Luxembourg (+1600% in April); citizens of the former Yugoslav
Republic of Macedonia in Luxembourg (+480% in May); Montenegrin citizens in
Germany (+750% in January) and in Switzerland (+200 % in May).

[6]               'Recognition rate' was calculated as a share of positive decisions (those granting
refugee status or subsidiary protection (Directive 2004/83) or humanitarian
status (national law)) in the total number of decisions in first instance
procedures. The total number of decisions consists of positive and negative
decisions.

[7]               2,400 Serbian nationals have been returned to Serbia
between November 2011 and March 2012. 2,400 Albanian citizens have been
returned to Albania between November 2011 and March 2012. 983 citizens of
former Yugoslav Republic of Macedonia have been returned during 2011.
234 Montenegrin nationals have been returned between January 2011 and
April 2012.

[8]               COM (290) 2011.