EUROPEAN COMMISSION Brussels, 10.7.2020 SWD(2020) 132 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

THIRD REPORT UNDER THE VISA SUSPENSION MECHANISM {COM(2020) 325 final}



TABLE OF CONTENTS I. INTRODUCTION II. ASSESSMENT OF SPECIFIC AREAS IN LINE WITH VISA LIBERALISATION BENCHMARKS II.1 WESTERN BALKANS II.1.1 ALBANIA II.1.2 BOSNIA AND HERZEGOVINA II.1.3 MONTENEGRO II.1.4 REPUBLIC OF NORTH MACEDONIA II.1.5 SERBIA II.2 EASTERN PARTNERSHIP II.2.1 GEORGIA II.2.2 REPUBLIC OF MOLDOVA II.2.3 UKRAINE III. ANNEX – STATISTICS III.1 IRREGULAR MIGRATION III.2 ASYLUM III.3 RETURN AND READMISSION

I. INTRODUCTION The Commission Staff Working Document (CSWD) accompanies the Third Report under the Visa Suspension Mechanism. This CSWD builds on the information and the assessment provided in the First and Second Report under the Visa Suspension Mechanism and provides a detailed analysis of the most relevant and recent developments relating to the implementation of the visa liberalisation benchmarks. The statistical part of this report covers 26 EU Member States that apply Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 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 and the four Schengen Associated Countries (hereinafter referred to as "Schengen+ area"). The assessment of specific areas is based primarily on the information provided to Eurostat by countries in the Schengen+ area, information provided by EU Agencies (Europol, eu-LISA, the European Asylum Support Office (EASO) and the European Border Coast Guard Agency (Frontex), the exchange of information between the Commission, European External Action Service (EEAS) and authorities of the visa-free countries as well as 2019 country enlargement reports, where applicable. The report has also benefitted from information provided by some EU Member States in the Visa Working Party, including by taking into account the assessment by the Finnish Presidency on 16 October 2019. II. ASSESSMENT OF SPECIFIC AREAS IN LINE WITH VISA LIBERALISATION BENCHMARKS II.1 WESTERN BALKANS II.1.1 ALBANIA Albania was the first country for which an EU Member State has sent a notification to the Commission in the context of the Visa Suspension Mechanism. The Netherlands on 2 June 2019 notified the Commission, in line with Regulation 2018/1806, that it faced circumstances that could lead to triggering the Visa Suspension Mechanism for Albania. The concerns of the Netherlands were predominantly linked to public order and security, but also to irregular migration and unfounded asylum applications lodged by Albanian nationals. After careful examination of the content of the notification received from the Netherlands and based on the available information and the relevant data, the Commission responded to the Netherlands on 1 July 2019 and informed the European Parliament and the Finnish Presidency that it considered that the circumstances to trigger the Visa Suspension Mechanism for Albania were not met. At the same time, the Commission stressed that Albania should continue and intensify efforts to prevent and fight organised crime and address the issue of unfounded asylum applications. Irregular migration, asylum applications, readmission Detections of illegal border crossing: According to Frontex data, the number of detections of illegal border crossings of Albanian nationals decreased by by 55%, from 4,593 detections in 2018 to 2,055 detections in 2019. The number of detections of illegal border crossings of Albanian nationals continues to be the highest of all the countries analysed in this report. Detections of illegal border crossing by nationals of Albania 2019 2 055 2018 4 593 2017 7 401 2016 5 475 2015 9 459 Source: FRAN and JORA data (as of 06/02/20) Refusal of entry at the external borders: The number of refusals of entry for Albanian nationals in the Schengen+ area decreased by 9% in 2019 (from 21,515 in 2018 to 19,670 in 2019). As in previous years, in 2019 the most-affected EU Member State in terms of total numbers was Greece. Despite the decrease, Albanian nationals were at the top of the list of Western Balkan visa-free nationals to be refused entry at the EU external borders in 2019.

Refusals of entry for nationals

of Albania 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 2 195 15 990 12 495 12 260 13 240 15 835 30 305 34 310 21 515 19 670 Greece 1 015 9 000 7 415 4 845 3 800 4 440 15 930 17 045 11 075 5 145 Italy 575 4 930 2 920 3 105 3 375 3 760 5 280 6 495 : 4 795 Croatia : : : 1 125 1 560 1 730 1 955 2 380 2 670 2 855 Hungary 50 210 180 840 1 400 1 795 1 855 1 955 2 345 2 090 Slovenia 250 805 1 065 1 260 1 410 1 410 1 310 1 125 975 1 150 Eurostat, last update 13/05/20 Illegal stay: The number of Albanian nationals found to be illegally staying in the Schengen+ area in 2019 increased by 6% compared to the year before (from 32,355 in 2018 to 34,410 in 2019) after having decreased in 2018 by 14% compared to 2017. The overal number is still one of the highest among the countries monitored in this report. Greece and Germany remained the most affected EU Member States also in 2019. Illegal stay by nationals of Albania 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 52 280 16 660 17 795 25 815 29 895 47 775 33 480 37 475 32 355 34 410 Greece 47 120 11 225 10 525 15 555 15 090 16 910 11 335 13 280 11 190 10 030 Germany 460 545 855 1 345 1 920 17 995 10 520 10 640 6 570 7 480 France 560 1 495 1 750 3 170 5 255 5 540 4 635 5 095 4 355 4 430 Italy 2 820 1 715 2 230 2 265 2 390 2 555 2 270 2 330 3 025 3 225 Hungary 135 55 65 285 575 670 440 780 1 070 2 220 Eurostat, last update 11/05/20 Asylum applications: The number of asylum applications (including repeat applications) in the Schengen+ area in 2019 decreased for the fourth year in a row. Between 2018 and 2019 it decreased by 5%, with 18,555 applications lodged in 2019 compared to 19,615 applications lodged in 2018. As in 2018, France remained the most affected EU Member State in 2019, with 9,235 asylum applications lodged by Albanian nationals (however, with a year-over-year decrease of 4%). Italy saw a 21% increase in asylum applications lodged compared to 2018, whereas Germany and Greece observed a 11% and 8% decrease, respectively. The asylum recognition rate in the Schengen+ area decreased from 7.6% in 2018 to 5.6% in 2019. While there was a downward trend, Albania remained at the top of all the Western Balkans visa-free countries in 2019 in terms of the number of asylum applications lodged by its nationals in the Schengen+ area. Yearly total number of asylum applications by nationals of Albania 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 1 720 2 685 6 670 9 685 15 185 66 715 30 840 24 070 19 615 18 555 France 515 505 2 705 5 065 3 000 3 650 7 445 12 130 9 665 9 235 Greece 695 275 385 580 570 1 005 1 425 2 450 3 320 3 055 Germany 45 85 250 1 295 8 110 54 760 17 230 6 090 2 895 2 565 Italy 35 45 65 115 175 425 365 470 1 295 1 570 Belgium 245 1 290 1 075 775 730 825 815 880 670 680 Eurostat, last update 12/03/20 As regards first-time asylum applications lodged by Albanian nationals in the Schengen+ area, the situation is similar to that in the case of total asylum applications. In 2019, 15,825 first-time asylum applications were lodged by Albanian nationals, compared to 16,750 applications lodged in 2018 (6% decrease). In 2019, France received the highest number of first-time asylum applications (8,010), followed by Greece (2,795). Yearly total number of first time asylum applications by nationals of Albania 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 880 2 475 6 050 9 085 14 385 64 895 27 545 20 595 16 750 15 825 France 480 475 2 645 5 015 2 845 3 220 6 945 11 425 8 300 8 010 Greece n/a 275 385 580 555 915 1 300 2 345 3 125 2 795 Germany 40 80 230 1 245 7 865 53 805 14 855 3 775 1 875 1 695 Italy 35 45 65 115 175 425 365 465 1 290 1 545 Belgium 200 1 180 605 475 495 610 650 670 505 540 Eurostat, last update 12/03/20 The number of asylum applications lodged by Albanian nationals continued to decrease in 2020, with 2,895 applications in the first quarter of 2020, 44% less than in the same period of 2019. France remained the main destination of Albanian asylum seekers, although the number of applications lodged in the country decreased by 57% year-on-year. Asylum applications by nationals of Albania Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019 Jan 2020 Feb 2020 Mar 2020 Schengen+ area 1 750 1 635 1 745 1 610 1 625 1 435 1 655 1 300 1 435 1 755 1 375 1 195 1 135 1 135 625 France 835 890 960 885 800 675 790 665 645 925 615 550 435 420 300 Greece 220 220 275 255 345 280 315 220 240 270 225 190 195 225 75 Germany 360 235 155 215 195 165 230 195 210 195 230 185 265 240 100 Italy 130 105 140 115 180 170 145 70 100 150 155 105 105 75 35 Belgium 70 45 45 40 35 30 60 50 85 85 65 70 65 60 35 Eurostat, last update 09/06/20

Readmission and return: EU Member States praise the good implementation of the EU–Albania readmission agreement. Readmission is functioning well, with the country swiftly honouring readmission requests from EU Member States both of own and of third country nationals. The number of persons returned dropped from 18 765 in 2018 to 15,370 in 2019. While the return rate was above 100% in 2017, it dropped to 66% in 2018 and 50% in 2019, with Greece and France returning more than half of all returnees from the Schengen+ area. Since EU Member States report good cooperation, this decrease may be due to the processing of large volumes of decisions or a backlog in previous years and possibly secondary movements. 2017 2018 2019 Ordered to leave Returned Return rate Ordered to leave Returned Return rate Ordered to leave Returned Return rate Schengen+ area 27 720 29 840 108% 28 570 18 765 66% 30 815 15 370 50% France 6 360 3 235 51% 8 930 3 715 42% 10 900 3 375 31% Greece 9 135 11 165 122% 8 740 6 505 74% 8 795 4 585 52% Italy 2 330 1 230 53% 3 035 1 380 45% 3 225 1 530 47% Germany 4 330 10 395 240% 2 435 3 720 153% 2 710 2 380 88% Belgium 1 470 760 52% 1 040 630 61% 1 100 745 68% Eurostat, last update 11/05/20 Cooperation on migration and border management In June 2019, the Albanian Government adopted a National Strategy on Migration and its Action Plan (2019-2022), in order to address the shortcomings in its migration policy as well as to establish a high-level co-ordination mechanism for the governance of migration. A new law on asylum is under preparation with a view to further aligning with the EU acquis. In December 2019, Albania adopted additional measures to prevent trafficking in human beings. The new draft of the national strategy for diaspora 2021-2025 and its related action plan was finalised in June 2019. Albania has continued to strengthen its operational cooperation with the EU Member States most affected by irregular migration from Albania and asylum applications by Albanian nationals. A Belgian police liaison officer representing the Benelux countries has been posted at the Dutch Embassy in Albania and a Dutch police officer has been deployed in Albania since July 2018. Three Albanian police liaison officers are currently posted to France to support the French law enforcement authorities in investigating criminal cases where Albanian nationals are involved, including those involved in organising asylum seekers’ journeys to France. A French liaison officer is located in Tirana to assist on exit checks. The bilateral action plan between Albania and France of July 2017 on addressing unfounded asylum applications lodged by Albanian nationals was reinforced in March 2019. The Albanian authorities have in particular worked on raising awareness among the population on the rights and obligations of the visa-free regime and launched information campaigns, as recommended in the Commission’s previous Reports under the Visa Suspension Mechanism. Campaigns carried out by the Albanian authorities so far include the production and distribution of leaflets and posters with information on the rights and obligations of Albanian citizens while traveling in the Schengen+ area, as well as penalties for violations of these obligations. Similar types of information are also published regularly on the official Facebook account of the Albanian State Police. In 2017 and 2018, the project “Prevention of unsafe migration from Albania to EU countries” funded by Belgium and the Netherlands was implemented in co-operation with the International Organisation for Migration. A similar campaign funded by the Netherlands is being implemented in 2020. Return operations are often covered in the national media, including interviews with returnees and Albanian authorities, with the purpose of acting as a deterrent. Rules on visa free travel and movement to and within the Schengen+ area and additional measures taken by the Albanian authorities are published on the website of the Ministry for Europe and Foreign Affairs, Ministry of Interior and of the Albanian State Police. The Albanian authorities have also introduced tighter border checks, including through more thorough exit interviews. Strengthened examination of minors travelling abroad and their accompanying persons has continued. As a result of the implementation of such measures, the number of Albanian nationals prevented from travelling abroad increased from 6,390 in 2016 to 12,400 in 2017 and finally to 20,268 in 2018. Data from 2019 show that the number of persons prevented from travelling abroad has declined by 30% in comparison to the same period in 2018 (from 20,268 to 14,224). This decline could be attributed to better awareness of travellers to meet all the requirements and present all necessary documents when travelling abroad. At the same time, according to Frontex, the detection of Albanian nationals using fraudulent documents, including EU passports, increased by 64% between 2018 and 2019. Albania is the first country in the region to have signed a European Border and Coast Guard (Frontex) Status Agreement with the EU on 5 October 2018, which entered into force on 1 May 2019. The Status Agreement was followed on 21 May 2019 by a deployment of joint European Border and Coast Guard teams to Albania’s border with Greece. This operation has significantly contributed to the detection and interception of illegal crossings of the border. More irregular migrants are now apprehended at the border rather than in Tirana or other urban areas. Despite limitations related to the outbreak of COVID-19, the operation continues to yield good results. By June 2020, 20 EU Member States participated in this joint operation and over 12,000 irregular migrants were apprehended. Albania also has a working arrangement with Frontex to strengthen operational cooperation. The Agency’s second liaison officer to the Western Balkans with a regional mandate covering Albania, Kosovo *, and North Macedonia is expected to be posted in Tirana in autumn 2020. Albania’s visa policy is not yet fully aligned with the EU’s, including with the EU lists of countries whose nationals require a visa and those who are exempt from this requirement. Albania has a visa free regime with Kazakhstan, Kuwait, Turkey, and China, which are not on the EU’s visa-free list. Between April and October each year, Albania lifts its visa requirement for citizens from Bahrain, Belarus, Oman, Qatar, Russia, Saudi Arabia and Thailand, a practice, which is not in line with the EU acquis. As a consequence of the COVID-19 crisis, Albania closed its borders on 16 March 2020 and subsequently declared a state of emergency on 24 March. The latter was lifted on 23 June. As of 22 March all commercial flights were cancelled. On 1 June, Albania opened all land borders with its neighbours. During this period, Albanian authorities repatriated around 2,500 citizens from abroad (and primarily from the EU) through chartered repatriation flights. Some commercial flights (Vienna, Belgrade, and Athens) resumed on 15 June. The EU has provided EUR 50 million to Albania to fight COVID-19. Public order and security Albanian-speaking organised crime groups are poly-criminal and are particularly active across a broad range of criminal activities in the EU, although they cannot be linked to Albania or to Albanian nationals alone. Albanian speaking organised crime groups are present in major European harbours that are the primary entry points for cocaine into the EU, such as Antwerp, Rotterdam, Hamburg, and Valencia. They are also among the key actors in the heroin trade in the EU. Albanian speaking organised crime groups active in France, Belgium and the Netherlands also facilitate illegal migration of Albanian irregular migrants and smuggle them, in particular to the United Kingdom. According to Europol, they are also frequently involved in the trade of illegal firearms and remain the most visible groups in domestic burglaries in several EU Member States.

According to Europol, Albanian nationals specifically are among the most frequently reported non-EU suspects for serious criminal offences. They are also among the most prevalent users of fraudulent documents on intra-Schengen air movements. In 2018 and 2019, Albanian authorities intensified efforts to crack down on organised crime. A greater number of large police operations targeting organised crime groups led to high-profile arrests and important indictments, also as a result of closer cooperation with EU Member States and Europol. As regards the overall track-record in the fight against organised crime, the number of new cases related to criminal organisations referred to prosecution has increased from 34 in 2017 to 53 in 2018. In 2019, there were 50% referrals more, with 79 cases. In the first three months of 2020, five new cases related to criminal organisations and structured criminal groups were referred to prosecution. As regards indictments, there were seven in 2017, five in 2018 and 13 in 2019 for organised crime specifically, thus showing an increasing trend. Eight people were convicted at final instance in 2017, eight in 2018 and one in 2019. There is a considerable gap between the numbers of new referrals and final convictions. The justice reform currently underway is expected to lead to a more efficient follow-up in judicial proceedings and more final convictions. Moreover, in January 2020, the Albanian government adopted a special package introducing preventive measures to enhance its capacity to counter criminal organisations and step up its fight against corruption, organised crime and terrorism, focusing in particular on seizure and confiscation of criminal assets. This package provides a set of important new investigative tools put at disposal of the Special Prosecution Office (SPO) within the newly established Special Anti-Corruption and Organised Crime Structure. Since its establishment in December 2019 until mid-June 2020, the SPO has taken over from the Serious Crimes Prosecution office 215 criminal proceedings (167 are still under investigation while investigation in 48 proceedings has been concluded). Following the adoption of the package, the new “Power of Law Operation” Unit of the Albanian State Police seized over 174 criminal assets belonging to organised crime suspects by mid-June 2020. Since the entry into force of the temporary measures until mid-June, 84 organised crime cases have been reported that involved seizures of assets. A coordinated approach between Albanian institutions, cooperation with EU Member States, and checks by the Albanian police to tackle the cultivation and trafficking of cannabis have brought positive results. Albania is the only country in the region that allows an intrusive monitoring mechanism by a third country in carrying out airborne monitoring of its territory. In 2018, there was a significant decline in the number of cannabis crops detected by the airborne surveillance campaign carried out by the Italian Guardia di Finanza and co-financed by the EU. In addition to airborne surveillance, the police carried out helicopter and drone monitoring of suspicious areas, and was active in inspecting greenhouses and warehouses. In 2019, the number of identified cannabis plantations and narcotic plants eradicated and destroyed has increased compared to 2018 (90,175 plants destroyed in 2019 compared to 35,985 in 2018), but remain at a low level in comparison to 2016 when 753,468 plants were destroyed. At the same time, there was a substantial increase in hashish seizures (from 363.5 kg in 2018 to more than one ton in 2019). Albania is pursuing a thorough and comprehensive justice reform, which aims at strengthening the professionalism of the judiciary and rebuilding trust in this sector. This reform also includes the temporary re-evaluation of all judges and prosecutors (the vetting process), which has advanced steadily, producing tangible results. The process is expected to strengthen the effectiveness of the judiciary and the overall efforts to fight corruption and organised crime. The vetting process has continued despite the impact of COVID-19 pandemic. Although hearings were temporarily suspended due to lockdown, investigative activities on vetting dossiers have continued through remote exchanges. The vetting hearings resumed on 3 June 2020. To date, of the total 811 magistrates that have to undergo vetting, the vetting institutions have completed 250 vetting cases at first instance, including all priority dossiers. Overall, 64% of the vetting dossiers processed so far have resulted in dismissals or voluntary resignations by the assesse. Albania is also carrying out the re-evaluation (vetting) of officers of the State Police, Republican Guard, and Service for Internal Affairs and Complaints at the Ministry of Interior, The evaluation is based on personal integrity, professional capacity and verification of officers’ assets. Approximately 250 officers of all ranks had resigned before this vetting began. The vetting process and its results remain crucial to restore public trust in the judiciary and law enforcement bodies of the State. A working arrangement between Albania and the European Monitoring Centre for Drugs and Drug Addiction was initialled in October 2018 and signed in March 2019. This arrangement will enable crucial expertise to be provided to the Albanian authorities in the field of data collection and on data itself, as well as open the possibility for enhanced exchange of expertise and data on new psychoactive substances, on experiences regarding health and social responses to drug problems. It will also support the further approximation of the Albanian national legislation and policies with EU legislation and policies on drug related issues. In February 2019, Albania adopted a new National Strategy on Small Arms and Light Weapons for the period 2019-2024. It also adopted a corresponding Action Plan for 2019-2021. Albania also participates the EU Policy Cycle to tackle serious and international organised crime / European multidisciplinary platform against criminal threats (EMPACT) on firearms. The Firearms Focal Point was established on 24 April 2019, comprised of representatives from all Police Departments and hosted within the Department of Criminal Police at the Directorate of Criminal Information Analysis. Albania is also involved or partnering up in several other EMPACT priorities, such as ‘facilitation of illegal immigration’, ‘organised property crime’, or ‘drugs trafficking’ and ‘trafficking in human beings’. In November 2018, a liaison agreement on the secondment of a Europol liaison officer in Albania was ratified and in June 2019, the Europol liaison officer was posted in Tirana, the first one in the Western Balkans. The liaison officer deployed has helped to further strengthen existing cooperation between Albania and the EU Member States’ police forces in the fight against organised crime and to further enhance police capacity to assess main organised crime threats.

In November 2019, the Eurojust-Albania Cooperation Agreement entered into force. The Agreement aims to further facilitate judicial cooperation between EU and Albanian practitioners therefore enhancing the fight against transnational organised crime. Between 2012 and 2015, 144 foreign terrorist fighters travelled from Albania to Syria. According to the authorities, there have been no new departures since 2015. An estimated number of 79 Albanian nationals remain in Syria. Some 45 individuals have returned so far. Albania was the first country in the Western Balkans, together with North Macedonia, to have signed the bilateral implementing arrangement on counter-terrorism with the Commission on 9 October 2019. This arrangement is a follow-up to the EU-Western Balkans Joint Counter-Terrorism Action Plan signed in October 2018. The priority actions to be taken by the Albanian authorities in 2019 and 2020 include strengthening local communities’ capacity to prevent and counter violent extremism, tackling the possible return of foreign terrorist fighters and their families, better addressing radical content online, amending legislation on anti-money laundering and countering terrorism financing, increasing financial investigative capacities, and addressing illicit firearms trafficking. Albania submitted its first report on the implementation of the arrangement in June 2020. In the area of anti-corruption in Albania, the policy framework depicted in the Inter-sectoral Strategy against Corruption 2015-2020 and its Action Plan(s) 2018-2020 and 2019-2023 present a set of key measures for prevention, repression and awareness-raising. The overall positive trend as regards the track-record of investigations, prosecutions and convictions in the fight against corruption continued, although it requires further structured and consistent actions. Final convictions for high level officials remain rare and this remains an important priority. The Albanian Parliament in June 2019 adopted "Moneyval package" to address deficiencies in the Albanian system for tackling money-laundering and terrorist financing highlighted in the Council of Europe’s Moneyval report of December 2018. On 21 February 2020, the Financial Action Task Force (FATF) listed Albania among the jurisdictions with strategic deficiencies in the area of Anti-Money Laundering (AML)/Combating the Financing of Terrorism (CFT) and proposed an action plan targeting the most serious deficiencies to be implemented by October 2021 to allow Albania to be removed from the FATF “grey list”. Albania has made a high-level political commitment to implement the FATF action plan and the implementation of the measures of the Plan has started despite the COVID-19 crisis, in particular by conducting a risk analysis regarding banking products and service and the misuse of legal entities. In April 2020, the Albanian government notified the European Commission its commitment to align with the body of acquis on anti-money laundering, notably by developing the legal basis for the establishment of a beneficial ownership registry and a centralised bank account register. In 2019, Albania took steps to amend the Law on Citizenship, which would potentially establish an investor citizenship scheme. In October 2019, the Commission addressed a letter to the Albanian authorities asking for clarifications in this regard and alerting the Albanian authorities about the inherent risks and possible consequences of introducing such a scheme. The Commission underlined that Albania should refrain from any measure that could jeopardise attainment of the EU's objectives, when using its prerogatives to award nationality. The Albanian Parliament is still expected to examine the draft law. As highlighted in its Report on Investor Citizenship and Residence Schemes in the European Union of 23 January 2019 , the Commission is closely monitoring whether any scheme put in place by countries with visa-free access to the EU could be used by investors from visa-required countries to bypass the regular Schengen visa procedures, posing a migratory and security risk. II.1.2 BOSNIA AND HERZEGOVINA Irregular migration, asylum applications, readmission Detections of illegal border crossing: According to Frontex data, the number of detections for illegal border crossings has been decreasing since 2015. Only 23 people were detected in 2019, while 150 detections of illegal border crossings were recorded in 2015. With the exception of one, all detections were made by Croatia, mostly at the country’s land border with Bosnia and Herzegovina. Detections of illegal border crossing 2019 23 2018 26 2017 85 2016 89 2015 150 Source: FRAN and JORA data (as of 06/02/20) Refusal of entry at the external borders: Between 2018 and 2019, the number of refusals of entry decreased by 20% from 5,320 cases in 2018 to 4,270 in 2019. Croatia is the most affected country, followed by Slovenia, Hungary, Germany and Sweden.

Refusals of entry for nationals

of Bosnia and Herzegovina 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 865 1 695 1 610 6 045 4 910 5 185 5 150 5 145 5 320 4 270 Croatia : : : 4 515 3 540 3 525 3 525 3 520 3 985 3 030 Slovenia 630 1 230 1 215 1 145 865 865 720 745 670 685 Hungary 140 210 225 240 360 585 570 405 305 215 Germany 20 35 30 35 30 45 35 75 75 105 Sweden 0 10 5 10 25 50 80 105 105 90 Eurostat, last update 13/05/20 Illegal stay: In 2019, the number of nationals from Bosnia and Herzegovina found to be illegally staying in the Schengen+ area increased by 10%, with 4,290 illegal stays in 2019 compared to 3,915 in 2018. Nationals of Bosnia and Herzegovina accounted for 7% of the illegal stayers from Western Balkans visa-free countries detected last year, while Germany (22%) and Slovenia (35%) continued to be the most affected countries also in 2019. Illegal stay by nationals of Bosnia and Herzegovina 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 2 345 2 795 2 920 3 220 3 950 3 575 3 640 4 130 3 915 4 290 Germany 650 790 1 095 1 330 1 640 1 715 1 440 1 450 1 285 1 500 Slovenia 400 555 140 115 175 175 495 900 735 955 Austria 180 175 245 275 255 70 180 260 290 370 Croatia : : : 195 400 390 395 340 330 295 Hungary 60 95 110 175 250 290 280 330 310 265 Eurostat, last update 11/05/20 Asylum applications: The number of asylum applications (including repeat applications) has continued to follow a stable decreasing trend since 2014. More specifically, 1,895 asylum applications were submitted in 2019 against 2,280 in 2018 (17% decrease). In 2019, France received the highest number of asylum applications, followed by Germany, with both Member States recording a decrease compared to 2018. The asylum recognition rate in the Schengen+ area decreased from 10.6% in 2018 to 7.2% in 2019. Yearly total number of asylum applications by nationals of Bosnia and Herzegovina 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 2 295 2 965 6 395 7 320 10 895 9 100 4 495 2 790 2 280 1 895 France 500 250 785 925 845 400 480 780 925 870 Germany 355 405 2 370 4 845 8 475 7 475 3 105 1 435 845 630 Netherlands 10 30 70 85 130 125 295 70 60 95 Italy 815 285 275 180 170 135 130 85 215 90 Sweden 120 970 1 555 520 495 540 155 160 100 85 Eurostat, last update 12/03/20 As regards first-time asylum applications lodged by nationals from Bosnia and Herzegovina in the Schengen+ area, figures for 2019 confirmed the decreasing trend observed since 2014, which is similar to that observed above for total asylum applications (including repeat applications). In 2019, 1,365 first-time asylum applications were lodged compared to 1,675 in 2018. France, Germany, the Netherlands, Italy and Sweden were the EU Member States recording the highest number of first-time asylum applications in 2019. Yearly total number of first time asylum applications by nationals of Bosnia and Herzegovina 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 2 040 2 620 5 695 5 475 7 945 6 070 3 170 1 845 1 675 1 365 France 485 235 765 895 820 340 410 690 830 790 Germany 300 305 2 025 3 325 5 705 4 635 1 915 705 410 285 Netherlands 5 25 70 85 125 120 295 65 50 70 Italy 815 285 275 175 165 135 125 70 200 65 Sweden 120 970 1 555 480 460 495 155 125 80 65 Eurostat, last update 12/03/20 The number of asylum application lodged by nationals of Bosnia and Herzegovina continued to decrease in 2020, with 390 applications in the first quarter of 2020, 26% less than in the same period of 2019. France remained the main destination of asylum seekers from Bosnia and Herzegovina; the number of applications lodged in the country decreased by 12% year-on-year. Asylum applications by nationals of Bosnia and Herzegovina Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019 Jan 2020 Feb 2020 Mar 2020 Schengen+ area 235 145 150 125 140 125 160 200 125 175 170 125 155 150 85 France 70 65 75 55 50 70 55 100 85 80 95 70 55 85 45 Germany 100 60 45 35 55 30 70 55 25 70 50 35 75 40 30 Italy 25 5 5 20 10 5 0 5 0 5 10 0 10 5 0 Sweden 10 15 5 0 5 10 10 5 10 10 0 5 0 10 5 Netherlands 20 0 10 5 5 10 10 20 0 0 5 10 0 0 0 Eurostat, last update 09/06/20

Readmission and return: As regards the implementation of the readmission agreement with the EU, the level of cooperation reported by EU Member States was good. The return rate dropped from 54% in 2018 to 40% in 2019. The yearly number of return decisions issued to nationals of Bosnia and Herzegovina increased but the number of people effectively returned decreased in 2019 compared to 2018. Since EU Member States report good cooperation, this decrease may be due to the processing of large volumes of decisions or a backlog in previous years and possibly secondary movements. 2017 2018 2019 Ordered to leave Returned Return rate Ordered to leave Returned Return rate Ordered to leave Returned Return rate Schengen+ area 3 795 2 685 71% 3 220 1 725 54% 3 730 1 495 40% Croatia 760 575 76% 705 445 63% 735 365 50% Slovenia 465 35 8% 445 35 8% 685 50 7% Germany 1 020 1 260 124% 615 465 76% 670 340 51% France 310 130 42% 450 205 46% 545 160 29% Austria 170 170 100% 190 235 124% 285 285 100% Eurostat, last update 11/05/20 Cooperation on migration and border management The legislation on foreigners is broadly in line with the acquis; it needs to be further aligned as regards access to rights, notably for vulnerable migrants. A strategy and action plan on migration and asylum for 2016-2020 are in place. Bosnia and Herzegovina should develop a realistic contingency plan to cope with a potential additional influx. The number of persons irregularly entering Bosnia and Herzegovina has increased significantly since 2018. In 2019 the authorities detected 29,302 migrants on the border or through in-land activities, compared to 23,977 in 2018. Overall the top three declared countries of origin were Pakistan, Afghanistan and Iraq. As of mid-June 2020, approximately 7,000 migrants and asylum seekers are present in the country. Some 5,500 are sheltered in seven EU-funded temporary reception centres. Facilities remain insufficient to ensure shelter and protection to those in need, despite a progressive increase in accommodation capacities. The competent bodies are significantly understaffed and underequipped. The coordination body on migration has not been able to allocate suitable accommodation facilities for reception centres across the country. The response to increased migration remains inadequate and shows significant institutional and coordination weaknesses. Political inaction and negative rhetoric undermine the timely provision of protection and assistance, as regards access to the asylum procedure, to healthcare, to accommodation and basic services in line with international standards. The authorities should take over full responsibility for the management of reception centres and identify publicly owned facilities for appropriate additional accommodation capacities across the whole territory of Bosnia and Herzegovina; entity, cantonal and local authorities should participate and cooperate in the process. Operational coordination mechanisms should be significantly strengthened. The legal framework for border control, is is implemented smoothly. The country adopted an integrated border management (IBM) Strategy and Action Plan for 2019-2023 with the aim of further aligning with the EU Acquis and best practice. Following the increased influx of refugees and migrants in 2018 and 2019, the authorities have redeployed available border guards, but the response remains inadequate. Combined efforts in fighting human smuggling resulted in higher detection rates. Bosnia and Herzegovina initialled a European Border and Coast Guard (Frontex) Status Agreement with the EU in January 2019. Its ratification is pending. Following the entry into force of the new European Border and Coast Guard Regulation, the Commission is working with Bosnia and Herzegovina in view of the ratification and entry into force of the Status Agreement. The country is a signatory to a number of agreements with neighbouring countries. The Border Police cooperates with Frontex and Interpol at a satisfactory level. Bosnia and Herzegovina participates in the Western Balkan risk analysis network (WB-RAN) under the aegis of Frontex.

The country has no agreement with the European Asylum Support Office (EASO). Cooperation currently takes place under an IPA-II regional project. A roadmap for this project for 2020-2022 is under discussion. As a consequence of the COVID-19 crisis, Bosnia and Herzegovina declared the state of natural or other disasters on 18 March, restricting domestic and international movement of persons. The Republika Srpska entity declared a state of emergency from 28 March to 20 May. As of 30 March all commercial flights were cancelled until 1 June, when the flights resumed. As part of the EU’s global response to the COVID-19 pandemic Bosnia and Herzegovina country will benefit from EUR 80.2 million, of which EUR 7 million for urgent medical supplies and EUR 73.2 million for socioeconomic recovery. Public order and security According to Europol, nationals of Bosnia and Herzegovina are among the most frequently reported nationalities for organised property crimes in the EU. Organised crime groups from the country are involved in home theft, violent burglaries and rip-deals as well as in human trafficking. The country is also a destination country for vehicles stolen in various Member States. Europol indicates that cases of corruption in sport have recently been detected in Bosnia and Herzegovina. The country has several strategies in place, notably on organised crime, trafficking in human beings and IBM. However, the legal framework needs to be harmonised across the country and further aligned with the EU acquis. There are systemic shortcomings in the operational cooperation of law enforcement agencies, due to the lack of harmonisation of criminal legislation in the country, exacerbated by weak institutional coordination, and a very limited exchange of intelligence. Criminal organisations operating in the country take advantage of legal and administrative loopholes. The police is vulnerable to political interference. Financial investigations and asset seizures are largely ineffective. A proactive approach remains fundamental to countering criminal infiltration of the political, legal and economic systems. The legal framework for the fight against drugs in Bosnia and Herzegovina needs to be partly aligned with the EU acquis notably on minimum rules on drug-related criminal offences and sanctions. Bosnia and Herzegovina does not have a National Drugs Observatory and a National Early Warning System on psychoactive substances. The country cooperates with the European Monitoring Centre for Drugs and Drugs Addiction (EMCDDA). Bosnia and Herzegovina’s counter-terrorism legislation is largely aligned with the EU acquis and relevant international law. In November 2019, Bosnia and Herzegovina signed a bilateral implementing arrangement on counter-terrorism with the Commission. This arrangement is a follow-up to the Joint EU-Western Balkans Action Plan on Counter-Terrorism signed in October 2018. It sets out concrete steps for enhanced cooperation in countering terrorism and preventing violent extremism until the end of 2020. The capacities and effectiveness of the Counter Terrorism Task Force and the counter-terrorism department of the state-level Prosecutor’s Office need significant strengthening. A contact point for cooperation with Eurojust on counter-terrorism cases needs to be appointed. Bosnia and Herzegovina remains a country of origin, transit and destination for trafficking in human beings for labour exploitation, sexual exploitation, begging and forced marriages. The legislation on the issue needs to be further aligned with the EU acquis, notably for sanctions. A new Strategy and Action Plan 2020-2023 on trafficking in human beings was adopted in January 2020. Country-wide coordination operates smoothly, but its role should be strengthened. Bosnia and Herzegovina should improve its technical capacities for swift reaction to trends in trafficking in human beings on the basis of risk analysis and intelligence gathering. Decisive efforts are needed to ensure the effective implementation of the new strategy and improve the results in preventing and countering trafficking in human beings. Bosnia and Herzegovina lacks a national referral mechanism for identified potential victims of trafficking. There is no overall policy for carrying out financial investigations on a systematic basis, and the results of investigations so far have been insignificant. The system for collection and analysis of statistics on asset seizure and confiscation needs to be improved. The confiscation of criminal assets needs to become a strategic priority in the fight against organised crime, terrorism and high-level corruption. Freezing of assets needs to be used more systematically and the management of frozen assets needs to be strengthened. Financial investigations into a person’s assets should continue after a criminal conviction in order to fully execute a previously issued confiscation order. A rigorous and credible system of checks of asset declarations of judicial office holders is needed. Bosnia and Herzegovina has no comprehensive strategy on the fight against firearms trafficking. The legislation is not fully in line with the EU acquis and data collection should be improved. The country should establish a firearms focal point. No progress has been made towards the establishment of the National Contact Point foreseen in the Operational Agreement in place since March 2017 between Bosnia and Herzegovina and Europol. As a result, Bosnia and Herzegovina’s participation in Europol’s analysis projects has been put on hold and the use of Europol products and services has been very limited. The absence also makes it impossible for the Bosnia and Herzegovina authorities to post a Liaison Officer at Europol’s headquarters in The Hague. Bosnia and Herzegovina must fully implement the agreement with Europol, including by establishing a national contact point.

The country has overall established an institutional, legal and strategic framework to combat corruption. However, there are still significant gaps and corruption is widespread. The lack of harmonisation of the criminal codes of the two entities seriously hamper anti-corruption efforts. The fragmentation of strategies and action plans across the different levels of government makes their implementation less effective. Enforcement capacity should be strengthened and there is a need for a robust criminal justice response to high-level corruption. II.1.3 MONTENEGRO Irregular migration, asylum applications, readmission Detections of illegal border crossing: According to Frontex data, the number of detections of illegal border crossings by nationals of Montenegro remain low in absolute terms, with no detections recorded in 2019 (compared to two in 2018; four in both 2017 and 2016, and 15 in 2015). Detections of illegal border crossing 2019 0 2018 2 2017 4 2016 4 2015 15 Source: FRAN and JORA data (as of 06/02/20) Refusal of entry at the external borders: Between 2018 and 2019, the number of refusals of entry for the nationals of Montenegro in the Schengen+ area decreased by 9% (from 515 in 2018 to 470 in 2019). As in the previous years, Croatia and Hungary were the most affected countries also in 2019. Refusals of entry for nationals

of Montenegro 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 315 300 250 435 400 385 335 545 515 470 Croatia : : : 90 45 90 65 150 170 160 Hungary 115 115 95 170 195 145 140 175 140 135 Slovenia 110 85 75 70 60 60 40 60 40 55 Germany 25 35 20 25 15 10 10 10 30 25 Italy 20 15 15 25 10 10 0 10 : 20 Eurostat, last update 13/05/20 Illegal stay: The number of Montenegrin nationals found to be illegally staying in 2019 increased by 10% (885 in 2019 compared to 805 in 2018). Germany remained the most affected Member State. Illegal stay by nationals of Montenegro 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 375 390 500 610 810 770 565 810 805 885 Germany 175 165 230 245 275 430 250 380 375 375 Hungary 20 25 45 40 105 75 85 175 175 185 France 70 80 85 140 200 120 95 80 75 75 Slovenia 30 35 5 5 5 5 40 50 40 65 Switzerland 0 0 25 35 25 40 35 30 25 40

Eurostat, last update 11/05/20 Asylum applications: The number of asylum applications (including repeat applications) in the Schengen+ area continued to decrease in 2019 and was the lowest in the last ten years. With 410 applications lodged in 2019 compared to 640 in 2018, the year-on-year decrease was 36%. The most affected Member State was Germany, followed by France. The asylum recognition rate in the Schengen+ area increased from 4.1% in 2018 to 4.9% in 2019. Yearly total number of asylum applications by nationals of Montenegro 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 435 670 1 305 975 1 870 4 115 1 830 970 640 410 Germany 95 125 395 380 1 270 3 635 1 625 730 370 250 France 80 200 320 245 260 160 110 150 205 70 Italy 155 20 35 30 10 10 15 10 10 20 Belgium 25 50 105 20 20 15 15 5 10 20 Netherlands 0 0 0 10 5 10 25 5 5 20 Eurostat, last update 12/03/20 First-time asylum applications lodged by Montenegrin nationals in the Schengen+ area also continue to decrease. In 2019, a decrease of 40% was recorded in comparison to the previous year. The overal numbers are relatively low, with Germany and France remaining the most affected EU Member States in 2019. Yearly total number of first time asylum applications by nationals of Montenegro 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 370 555 1 140 790 1 485 3 635 1 545 520 375 225 Germany 60 80 290 260 935 3 235 1 380 340 150 95 France 70 195 315 245 255 145 80 115 175 50 Italy 155 20 35 30 10 10 15 10 5 20 Belgium 10 45 90 5 20 10 5 5 5 20 Netherlands 0 0 0 10 5 10 25 5 5 20 Eurostat, last update 12/03/20 The number of asylum applications lodged by Montenegrin nationals continued to decrease in 2020, with 110 applications in the first quarter of 2020, 8% less than in the same period of 2019. Germany remained the main destination of Montenegrin asylum seekers and the number of applications lodged in the country increased by 6% year-on-year. Asylum applications by nationals of Montenegro Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019 Jan 2020 Feb 2020 Mar 2020 Schengen+ area 40 35 45 20 30 15 30 30 40 35 40 15 40 40 30 Germany 35 25 20 15 10 15 20 25 25 25 25 10 35 30 20 France 0 5 10 0 5 0 10 5 5 5 10 5 5 10 10 Netherlands 0 0 5 5 5 0 0 0 5 0 0 0 0 0 0 Belgium 0 0 5 0 0 0 0 0 5 5 0 0 0 0 0 Italy 0 0 5 0 10 0 0 0 0 0 0 0 0 0 0 Eurostat, last update 09/06/20 Readmission and return: As attested by EU Member States, Montenegro cooperates well on readmission and return. The return rate fell to 60% in 2019 compared to 73% recorded in 2018. Since EU Member States report good cooperation, this decrease may be due to the processing of large volumes of decisions or a backlog in previous years and possibly secondary movements. 2017 2018 2019 Ordered to leave Returned Return rate Ordered to leave Returned Return rate Ordered to leave Returned Return rate Schengen+ area 760 820 108% 720 525 73% 590 355 60% Germany 410 655 160% 265 325 123% 180 135 75% France 105 30 29% 180 30 17% 135 35 26% Austria 25 25 100% 25 20 80% 60 60 100% Luxembourg 30 35 117% 70 20 29% 35 15 43% Netherlands 20 5 25% 20 15 75% 35 10 29% Eurostat, last update 11/05/20 Cooperation on migration and border management

Over the past years, Montenegro has consolidated and upgraded major pieces of legislation in the area of migration and asylum, including the Law on Foreigners, the Law on International and Temporary Protection of Foreigners, and the Law on border control. A list of safe countries of origin, which includes the Western Balkans partners and Turkey, was adopted in December 2019. Montenegro has adopted an Action Plan in case of a mass influx of migrants and refugees. A cross-ministerial Coordination Committee and an Operational Team have been formed to coordinate the activities of the state authorities in the implementation of the Action Plan. Four different projects to increase the country’s accommodation capacity for asylum seekers, which currently amounts to 329 beds, are being carried out in parallel, including the establishment of a centre with a 120-bed capacity close to the Albanian border. While most apprehended migrants express their intention to request asylum, the number of those actually lodging asylum claims declined by 38% in 2019 and most of them left before the end of the procedure. The Ministry of Foreign Affairs has regular meetings with representatives of the EU Diplomatic and Consular Offices accredited to Montenegro to discuss statistics on the rights and obligations of the visa-free regime. The Ministry has developed an e-Consular application providing the necessary information for Montenegrin citizens travelling abroad. Given the decreasing trends and a low number of irregular movements and unfounded asylum applications, in 2019 there was no nation-wide communication campaign on the rights and obligations related to the visa free travel. The European Border and Coast Guard (Frontex) Status Agreement was signed by the EU and Montenegro on 7 October 2019, ratified by both sides in the course of 2020 and entered into force on 1 July 2020, providing for deployments of joint operations. After Albania, Montenegro is now the second country in the region where such an Agreement has entered into force. A working arrangement with Frontex is also in place. Montenegro’s visa policy is not yet fully aligned with the EU’s, including with the EU lists of countries whose nationals require a visa and those who are exempt from this requirement. In the framework of its tourism development policy, Montenegro still exempts nationals from Russia, Armenia, Kazakhstan, Azerbaijan, Belarus, Cuba, Ecuador, Kuwait, and Turkey from short-term visa requirements – either on a seasonal basis for tourism purposes or permanently. These countries are on the EU list of countries whose citizens require a visa for the EU and seasonal visa exemption measures are not in line with the EU acquis. No impact of these exemptions on irregular migratory flows into the country has been observed. As a consequence of the COVID-19 crisis, Montenegro closed its borders on 15 March 2020, but did not declare a state of emergency. As of 16 March, all commercial flights were cancelled until 9 June. During this period, Montenegrin authorities repatriated around 17,000 citizens from abroad (and primarily from the EU) through the activities carried out by the competent authorities, including charter flights. The COVID-19 epidemic was declared officially over in Montenegro on 2 June. The borders were consequently opened for countries with less than 25 active COVID-19 cases per 100,000 citizens. The EU has provided EUR 53 million to Montenegro to fight COVID-19. Public order and security According to the national Serious and Organised Crime Threat Essessment (SOCTA) since 2013 the number of organised criminal groups in Montenegro has been reduced from 20 to 11. However, Montenegrin organised crime groups operate largely outside the country, including in EU Member States. They are active in trafficking cannabis, heroin, cocaine and have direct links to crime goups in South America. Drug trafficking is the main and most profitable criminal activity of Montenegrin organised crime groups, and triggers many other criminal activities, such as homicides, gang-related murders and trafficking in firearms. Montenegro is also perceived as a regional platform for cigarette smuggling and as an entry point to the EU market. Over the past years, Montenegro has enhanced international cooperation in the fight against organised crime groups, whose members live and operate outside of Montenegro. Out of 26 members of Montenegrin crime groups arersted in 2019, six were arrested abroad, based on Montnegro’s international arrest warrants. Montenegro’s criminal scene remains dominated by gang related murders (up to 44 gang-related murders occurred since 2012, including ten in 2019). The authorities seized 2.4 tons of drugs in 2019, of which 2.2 tons of marijuana. Seizures of cocaine and heroin have surged by respectively 250% and 1300 % compared with last year, reflecting international trends. Montenegro participated in four multi-country police operations involving Austria, Slovenia, Croatia, Italy, Germany, France, the United States, Australia, Albania, and Serbia. In a major international police operation conducted in February 2020, 5.7 tons of cocaine were seized and seven crew members, including four Montenegrin nationals, were arrested on a ship navigating from Venezuela to Greece. The operation was a result of cooperation between the United Kingdom, Serbia, the Netherlands, amongst other partners, and was based on the intelligence provided by the Montenegrin police. The number of investigations into drug trafficking rose to 155 in 2019 and eleven investigations were conducted with international cooperation, a 175% surge compared to 2018. Within the EU Policy Cycle/EMPACT (European Multidisciplinary Platform against Criminal Threats) in 2020, Montenegro is strongly involved in the priority on “illicit firearms trafficking”, driven by Spain, notably by co-leading one of the operational actions. Montenegro is one of the first Western Balkan partners to co-lead an operational action in an EMPACT priority. Montenegro is also participating in several operational actions in other EMPACT priorities addressing drugs trafficking, child sexual exploitation, facilitation of illegal immigration and organised property crime. As regards cigarette smuggling, cooperation has improved with EU Member States’ customs and the European Antifraud Office (OLAF). After a Peer Review mission of the European Commission’s Technical Assistance and Information Exchange Instrument (TAIEX) found that the work of the police on tobacco smuggling was not proactive enough, an inter-governmental operative group was set up to strengthen the activity of the law enforcement bodies in this area. Law enforcement agencies worked on three large-scale investigations into tobacco smuggling took place, however there were no court convictions in 2019. Despite increasing efforts in this area, the number of cases is still insufficient, considering the estimated scale of tobacco smuggling from, to, and across Montenegro. Good cooperation with Europol and Interpol has been observed with more information exchanged through their channels. The amount of information exchanged through Europol reached 4,488, a stable number compared to 2018. The number of communications (59,337) exchanged with foreign police services through Interpol rose by 40% compared with 2018. Corruption is prevalent in many areas and remains an issue of concern. The capacity buuilding of the Anti-Corruption Agency continued. However, challenges as regards its independence, credibility, impartiality and accountability remain. An initial track-record of investigations, prosecution and final convictions in high-level corruption cases has been established. Regional and international cooperation also in this area is of great importance. Nevertheless, the criminal justice system response against high-level corruption remains limited. A majority of cases of high-level corruption continue to be concluded with a plea bargain. An asset recovery office was established in early 2019 within the department of the police responsible for international police cooperation. The tracing, freezing and recovery of assets remain led by the Prosecution. Despite some progress, the track-record in the freezing and confiscation of assets needs to be strengthened. In 2019, the High Court in Podgorica ordered the temporary confiscation of assets with a total value of almost EUR 3,5m in three cases. One further residential unit was permanently confiscated in February 2020. For the second year in a row, Montenegro amended in December 2019 its Law on prevention of money laundering and terrorism financing, in order to reflect the changes in the Financial Intelligence Unit’s (FIU) institutional setting. The amendments aimed at ensuring compliance with FATF recommendations, in particular by ensuring the independence and operational autonomy of the FIU, despite the latter being now administratively a department of the Police. The law will need to be amended again, to address remaining shortcomings and to align it with the 5th EU Anti-Money Laundering Directive. In May 2020, Moneyval formally removed Montenegro from the fourth round follow-up process, considering that the country had taken sufficient steps to remedy deficiencies that had been identified in 2015. The Law on international restrictive measure has yet to be amended to comply with the EU acquis.

The initial track record on money laundering was further developed, reflecting a stronger focus and increasing capacities of law-enforcement agencies in this area. There were two final convictions for money laundering in 2019, both achieved through plea agreements. Two cases are pending before the court, including the prominent Atlas Bank case. 10 preliminary investigations and seven investigations are on-going, regarding 117 entities, including one case of a value of EUR 25 million. The number of final convictions and asset confiscations in money-laundering cases remain low. Systemic deficiencies in the criminal justice system, including the way courts handle money-laundering offences, remain to be addressed. On 19 November 2019, Montenegrin authorities signed a bilateral implementing arrangement with the Commission as a follow-up to the joint EU-Western Balkans Action Plan on Counter-Terrorism of October 2018. The priority actions to be taken by the Montenegrin authorities include ensuring that police, judiciary and prosecution services have access to the necessary training, expertise and peer-to-peer advice; improving institutional awareness on the prevention and countering of violent extremism, training local practitioners to detect and to address violent extremist tendencies, and taking a number of measures against money laundering and terrorist financing. On 22 November 2018, Montenegro adopted legislation establishing a three-year investor citizenship scheme, which was launched in 2019. In December 2019, Parliament enacted amendments to the law on Montenegrin citizenship. These confirm the automatic eligibility for citizenship of the family members of successful applicants to the investors' citizenship scheme. So far, the authorities have received 24 applications. Five applications have been rejected after due diligence procedure, while another five received a positive decision. No passports have yet been issued to these applicants or their family members due to the COVID-19 outbreak and the respective travel ban. As highlighted in its Report on Investor Citizenship and Residence Schemes in the European Union of 23 January 2019 , countries enjoying a visa-free status to the EU must carry out security and background checks on applicants for investor citizenship schemes to the highest possible standards. The Commission is closely monitoring whether any scheme put in place by countries with visa-free access to the EU could be used by investors from visa-required countries to bypass the regular Schengen visa procedures, posing a migratory and security risk. As a candidate country, Montenegro should refrain from any measure that could jeopardise the attainment of the EU's objectives, when using its prerogatives to award nationality. II.1.4 REPUBLIC OF NORTH MACEDONIA Irregular migration, asylum applications, readmission Detections of illegal border crossing: According to Frontex data, the number of detections of illegal border crossings by nationals of the Republic of North Macedonia confirmed the same decreasing trend observed in the previous report, with low figures in absolute terms recorded from 2016. In 2017, 27 people were detected, 14 in 2018 and 10 in 2019. Detections of illegal border crossing 2019 10 2018 14 2017 27 2016 19 2015 51 Source: FRAN and JORA data (as of 06/02/20) Refusal of entry at the external borders: Between 2018 and 2019, the number of refusals of entry decreased by 12%, with 2,815 refusals in 2019 compared to 3,185 in 2018. Countries close to North Macedonia, such as Hungary, Croatia, Bulgaria, Slovenia and Greece were the most affected. Refusals of entry for nationals

of North Macedonia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 4 165 3 320 2 325 2 465 2 560 2 555 2 495 3 200 3 185 2 815 Hungary 515 555 495 770 915 755 785 880 730 615 Croatia : : : 165 275 285 200 355 510 370 Bulgaria 445 440 340 170 40 155 155 180 275 355 Slovenia 1 090 835 475 520 450 450 355 430 305 300 Greece 1 415 950 565 480 510 395 380 600 560 295 Eurostat, last update 13/05/20 Illegal stay: In 2019, the number of nationals of North Macedonia found to be illegally staying increased by 16%, with 7,000 illegal stays in 2019 compared to 6,010 in 2018. Germany was the most affected EU Member State, followed by Hungary. Illegal stay by nationals of North Macedonia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 3 625 3 815 3 920 3 835 4 505 5 260 4 590 6 555 6 010 7 000 Germany 1 125 1 255 1 805 1 970 2 205 3 530 2 560 3 205 2 685 3 455 Hungary 160 275 535 395 505 370 365 1 430 1 090 1 210 Slovenia 420 685 45 35 40 40 365 660 765 855 Switzerland 430 530 430 285 330 420 480 370 415 390 Austria 195 175 200 215 180 95 140 200 290 345

Eurostat, last update 11/05/20 Asylum applications: The number of asylum applications (including repeat applications) continued to decrease in 2019, with 4,035 applications lodged in 2019 compared to 4,785 in 2018, a decrease of 16%. Germany continued to be the most affected EU Member State receiving the highest number of asylum applications, although in lower numbers (2,420 in 2018; 2,250 in 2019), followed by France which recorded a 45% decrease (1,670 in 2018; 920 in 2019). The asylum recognition rate in the Schengen+ area decreased from 2.3% in 2018 to 1.4% in 2019. Yearly total number of asylum applications by nationals of North Macedonia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 8 090 6 565 10 780 11 175 10 435 16 110 9 100 6 890 4 785 4 035 Germany 3 545 1 755 6 890 9 415 8 905 14 130 7 010 4 760 2 420 2 250 France 595 745 855 345 235 340 430 1 115 1 670 920 Netherlands 390 265 60 100 120 110 435 120 105 325 Belgium 1 740 1 320 835 425 405 335 165 250 195 190 Sweden 900 875 615 455 425 465 185 195 85 190 Eurostat, last update 12/03/20 As regards first-time asylum applications lodged by nationals of North Macedonia in the Schengen+ area, there is a a decreasing trend since 2015. In 2019, 2,695 first-time asylum applications were lodged compared to 3,380 in 2018 (20% decrease). The top five EU Member States recording the highest number of first-time asylum applications in 2019 are: Germany, France, the Netherlands, Sweden and Belgium. In 2019, both Germany and France recorded a decrease of 10% and 48%, respectively. Yearly total number of first time asylum applications by nationals of North Macedonia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 6 605 5 385 7 760 7 465 6 810 10 725 6 710 4 385 3 380 2 695 Germany 2 465 1 130 4 545 6 210 5 615 9 085 4 835 2 465 1 245 1 115 France 590 740 845 340 225 315 375 1 050 1 605 835 Netherlands 390 265 55 95 110 110 430 110 90 295 Sweden 900 875 615 430 395 415 170 170 60 175 Belgium 1 635 1 085 410 165 170 200 115 185 125 135 Eurostat, last update 12/03/20 The number of asylum application lodged by nationals of North Macedonia continued to decrease in 2020, with 650 applications in the first quarter of 2020, 59% less than in the same period of 2019. Germany remained the main destination of asylum seekers from North Macedonia, although the number of applications lodged in the country decreased by 67% year-on-year. Asylum applications by nationals of North Macedonia Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019 Jan 2020 Feb 2020 Mar 2020 Schengen+ area 640 630 320 290 230 200 310 185 305 350 290 270 305 220 125 Germany 500 440 195 130 110 90 175 70 120 155 145 120 200 120 60 France 80 115 90 90 55 55 65 60 95 85 70 60 45 30 35 Netherlands 25 35 10 30 20 30 35 15 40 40 15 20 20 20 5 Belgium 5 20 10 25 10 5 20 10 20 20 20 25 20 20 5 Sweden 0 0 5 10 15 10 10 15 20 30 35 35 15 25 5 Eurostat, last update 09/06/20 Readmission and return: Readmission is functioning well, with the country swiftly honouring readmission requests from the countries in the Schengen+ area. The return rate decreased from 99% in 2018 to 78% in 2019 (3,005 persons were effectively returned and 3,850 ordered to leave). Austria, Germany, Greece, Luxembourg, Malta, Romania and Spain have a return rate in 2019 equal to or surpassing 100%. Since EU Member States report good cooperation, this decrease may be due to the processing of large volumes of decisions or a backlog in previous years and possibly secondary movements.

2017 2018 2019 Ordered to leave Returned Return rate Ordered to leave Returned Return rate Ordered to leave Returned Return rate Schengen+ area 4 460 5 580 125% 3 500 3 470 99% 3 850 3 005 78% Germany 2 290 4 500 197% 1 245 2 285 184% 1 230 1 690 137% France 275 150 55% 660 340 52% 890 375 42% Austria 205 255 124% 210 240 114% 245 290 118% Belgium 480 90 19% 280 105 38% 240 75 31% Netherlands 170 85 50% 130 90 69% 205 95 46% Eurostat, last update 11/05/20 Cooperation on migration and border management The national authorities continue implementing the Integrated Border Management Strategy for 2015-2019 and its Action Plan. Although the National Coordination Centre for Integrated Border Management prepares regular reports on risk analysis, its institutional and operational capacity still needs to be strengthened. Border guards, customs and other bodies still do not have mutual access to databases and there is no formalised and secure information exchange arrangement with the appropriate security services. The national authorities continue to cooperate with the European Border and Coast Guard Agency (Frontex), including participating as observers in joint operations. Mixed police patrols are being deployed on the southern border involving members of the border police of Austria, Croatia, the Czech Republic, Hungary, Poland, Slovakia, Slovenia and Serbia deployed on bilateral basis, to manage migration flows. North Macedonia initialled a European Border and Coast Guard (Frontex) Status Agreement with the EU in July 2018. Despite the challenges caused by the migration situation for both the EU and North Macedonia, Frontex Status Agreement, which provides inter alia executive powers to Frontex teams being deployed on the territory of North Macedonia, has not yet been signed. Once the Agreement is signed and ratified an operational plan will need to be adopted, after which border teams can be deployed in the country at its border with the EU. The Ministry of the Interior is upgrading the existing database on foreigners by developing a new asylum module to provide a case-management tool for processing asylum claims. Progress was made in reducing the time it takes to process asylum applications and systemic access to asylum continued to be ensured. However, the quality of decision-making on asylum procedures should be improved, including at the appeal level. Difficulties persist in providing translation during interviews with asylum-seekers and free legal aid is not accessible under the law on free legal aid in practice due to a number of requirements which asylum seekers are not able to fulfil. Free legal aid is provided with the support of NGOs only. North Macedonia continues to organise information campaigns to inform its nationals on the rights and obligations under the visa free regime. Information on visa free travel to the European Union can be found through the Ministry of Foreign Affairs and the Ministry of Internal Affairs. In addition, the implementation of preventive actions in order to avoid the abuse of the visa free regime is incorporated into an annual action plan implemented by all regional centres for border affairs. In December 2012, North Macedonia introduced a modification in the law which could allow the acquisition of citizenship for special economic interest. While this does not raise any immediate concerns, the Commission will continue monitoring this area, taking into account the security and migratory risks that fully fledged investor citizenship schemes may pose. As a consequence of the COVID-19 crisis, North Macedonia closed its borders on 16 March and subsequently introduced a state of emergency for consecutive periods limited in time on 18 March. The latter was lifted on 22 June. The land borders were opened on 26 June. As of 18 March all commercial flights have been cancelled until further notice. During this period, North Macedonia authorities repatriated 3.032 citizens from abroad (and primarily from the EU) through chartered repatriation flights.

Public order and security Criminals from North Macedonia are active in the trafficking and distribution of drugs, notably heroin and marijuana. The country remains a source of archaeological objects, religious items and cultural goods trafficked to the EU. Returning foreign terrorist fighters also poses a risk. In 2018, good progress was made in improving the country’s track-record of seizing drugs and dismantling organised crime groups. There was an increase in the detection of drug-related criminal offences and in the number of perpetrators. The detection of crimes and perpetrators related to drug trafficking increased by 43%, as well as the seizure of the largest amount of drugs in the last 10 years. In 2018, investigations resulted in the dismantling of eight organised criminal groups involving 46 people trafficking drugs. In 2019, six organised criminal groups have been suppressed. Cooperation with neighbouring countries is good, including ad-hoc cooperation. In 2018, one international drug shipment of liquid cocaine was intercepted. Five international criminal investigations were also conducted, confirming the good cooperation with third countries including under EMPACT. The National Coordination Centre for Suppression of Organized and Serious Crime, operational since October 2018, has improved its operational capacity. All relevant institutions assigned their representatives and are connected to the Centre. All participating authorities have access to their respective databases. The Centre is focused on inter institutional exchange of information, and not inter institutional cooperation as such. Working in multi-disciplinary teams should be encouraged to make full use of the centre capabilities. A Police Development Strategy and a 2016-2020 Action Plan were established and are being implemented. The country currently develops a threat assessment on organised crime at the regional level within the Southeast European Police Chiefs Association (SEPCA). A national assessment of threats of serious and organised crime in line with Europol’s Serious Organised Crime Threats Assessment methodology needs to be developed and should inform decisions on operational priorities in addressing organised crime in the years ahead. The National Coordination Centre for the Fight against Organised Crime has significantly improved its operational capacity. The exchange of data with/among relevant authorities has been improved. The centre has demonstrated its capacity to efficiently collect, exchange, and analyse information. North Macedonia has further consolidated its track-record on investigating, prosecuting and trying high level corruption cases. The Commission for Prevention of Corruption has taken important steps to proactively fight against corruption, involving high-level officials across the political spectrum. The Special Prosecutor’s Office has continued, however, controversy around the racket case – suspicion of corruption - caused concerns especially following the indictment of the chief Special Prosecutor. After expiry of the mandate of the special prosecutors, cases were transferred to the Public prosecutor’s office against Organised Crime and Corruption. However, corruption remains an issue of concern. In March 2019, the Public Prosecutor’s was designated as the national Asset Recovery Office (ARO). Following the implementation of the National Strategy for Combating Trafficking in Human Beings and Illegal Migration (2017-2020), a dedicated Task Force was set up, including representatives from the Ministry of the Interior and two prosecutors from the Basic Public Prosecutor's Office for Prosecuting Organised Crime and Corruption. This is a positive step towards a greater efficiency in fighting trafficking in human beings and irregal migration as it ensures real time communication between the relevant authorities. In 2018, the authorities established a National Unit for the Suppression of Migrant Smuggling and Human Trafficking with the aim of building national capacities and increasing the efficiency of the police and prosecution in combating organised forms of migrant smuggling and trafficking in human beings. The interception of migrant smuggling in 2019 increased by 60.8% compared to 2018.

North Macedonia participated in operations of the Balkan Task Force that was established in 2018 with the aim to fight against organised crime groups involved in the smuggling of migrants via the Joint Operational Office and with the mediation of Frontex, Interpol and Europol, i.e. the European Migrant Smuggling Centre (EMSC). Overall progress was made at the operational level by improving the effectiveness of the National Coordination Centre for the Fight against Organised Crime and participating in joint operations with EU Member States and neighbouring countries. However, more needs to be done on threat assessments and on prioritising the fight against money laundering and financial crimes. Coordination remains crucial for all stakeholders involved in fighting organised crime. The National Strategy for Control of Small Arms and Light Weapons (SALW) and Action Plan 2017-2021 (revised) was developed in 2018 and adopted in February 2019. The establishment of the firearms focal point is under way, but it has not yet been put into operation due to the absence of an integrated database. Trafficking of firearms is only criminalised to the extent that it is included in the definition of “unauthorized manufacture, possession, mediation and trade in weapons or explosive materials”. A national coordinator has been appointed to oversee efforts to combat terrorism. The Office of the National Coordinator and the National Committee have improved their capacities through various basic and specialised training and are more operational. Cooperation has increased between law enforcement agencies, intelligence services and relevant key state institutions (education, health, and social services). The 2018-2022 National Counter Terrorism Strategy and the 2018-2022 Strategy for Countering Violent Extremism, and their relevant action plans, by which the government moved from a purely security based approach to a more integrated and preventive approach, are being implemented. Community action teams are local mechanisms for prevention and countering of violent extremism and have been set up in the most sensitive areas. They are involving various stakeholders at local level to support prevention and early identification of radicalisation in the communities. Training was organised for education personnel. North Macedonia was the first country in the Western Balkans, together with Albania, to have signed the bilateral implementing arrangement on counter-terrorism with the Commission on 9 October 2019. This arrangement is a follow-up to the EU-Western Balkans Joint Counter-Terrorism Action Plan signed in October 2018. The priority actions to be taken by the authorities of North Macedonia in 2019 and 2020 include strengthening counter-terrorism structures and strategies, including with an improved threat assessment, stepping up efforts to prevent and counter violent extremism, including with a multi-agency approach at the local level, addressing the challenges posed by radicalisation in prisons, returning foreign terrorist fighters and their families, establishing a national threat assessment of money laundering risks and improving the link between financial intelligence and prosecution. The first report was submitted in June 2020. II.1.5 SERBIA Irregular migration, asylum applications, readmission Detections of illegal border crossing: according to Frontex data, the number of detections of illegal border crossings of Serbian nationals remained low in absolute terms, with 29 people detected in 2019 compared to 73 in 2018.

Detections of illegal border crossing 2019 29 2018 73 2017 84 2016 107 2015 200 Source: FRAN and JORA data (as of 06/02/20) Refusal of entry at the external borders: The number of Serbian nationals refused entry was 8,300 in 2019, compared to 9,035 in 2018, a decrease of 8%. Hungary is the most affected country, with a total of 4,235 cases reported in 2019, followed by Croatia with 1,330 cases. 84% of the refusals of entry took place at the land borders and 16% at air borders. Refusals of entry for nationals

of Serbia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 6 500 6 620 5 590 9 170 9 520 7 850 7 910 8 070 9 035 8 300 Hungary 2 920 3 580 3 325 5 445 6 530 4 805 4 710 5 275 5 030 4 235 Croatia : : : 1 235 730 740 765 30 1 215 1 330 Slovenia 1 575 1 245 1 050 865 700 700 605 680 595 655 Romania 455 450 245 715 600 575 510 350 490 625 Germany 245 240 170 170 145 100 110 140 210 290 Eurostat, last update 13/05/20 Illegal stay: In 2019, the number of Serbian nationals found to be illegally staying in the Schengen+ area increased by 4%, with 13,635 illegal stays in 2019 comperad to 13,090 in 2018. In 2018, the number of illegal stays had decreased by 11% compared to 2017. Germany and Hungary were generally the most affected countries, followed by Austria in 2019. Illegal stay by nationals of Serbia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 12 585 9 850 11 765 11 820 15 400 13 760 11 155 14 650 13 090 13 635 Germany 2 920 3 375 4 350 4 980 7 295 7 650 4 710 5 725 4 500 5 040 Hungary 1 045 1 585 2 425 2 275 3 350 2 580 2 455 4 570 3 705 3 715 Austria 855 940 1 015 1 090 815 460 660 855 1 280 1 415 Slovenia 355 610 115 90 110 110 440 675 720 895 Switzerland 0 0 745 715 665 810 850 675 725 605 Eurostat, last update 11/05/20 Asylum applications: The number of asylum applications (including repeat applications) by Serbian nationals continued to decrease in 2019, with 6,075 applications submitted compared to 6,425 in 2018, a decrease of 5% (between 2017 and 2018, the number fell by 23%). In 2019, Germany was the Member State with the highest number of applications lodged, which rose from 2,555 in 2018 to 2,710 (6% increase), whilst France recorded a 24% decrease from 2,640 in 2018 to 2,000 in 2019. The asylum recognition rate in the Schengen+ area decreased from 7.0% in 2018 to 4.8% in 2019. Yearly total number of asylum applications by nationals of Serbia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 18 845 15 630 21 065 22 725 31 170 30 325 13 515 8 325 6 425 6 075 Germany 6 795 6 990 12 810 18 000 27 145 26 945 10 260 4 915 2 555 2 710 France 800 665 840 700 605 460 655 1 730 2 640 2 000 Netherlands 65 105 145 265 195 445 945 210 150 360 Sweden 6 255 2 645 2 670 1 670 1 510 1 055 460 310 220 240 Belgium 2 220 1 995 1 095 685 500 375 205 230 200 220 Eurostat, last update 12/03/20 As regards first-time asylum applications lodged by Serbian nationals in the Schengen+ area, figures for 2019 confirmed the decreasing trend observed since 2014. In 2019, 4,060 first time asylum applications were lodged compared to 4,570 in 2018 (11% decrease). In 2019, first time asylum applications decreased in France (by 28%), while they slightly increased in Germany (by 4%). Yearly total number of first time asylum applications by nationals of Serbia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 15 605 11 725 15 330 15 080 20 305 19 255 9 065 5 290 4 570 4 060 Germany 4 980 4 580 8 475 11 460 17 170 16 700 6 400 2 330 1 100 1 140 France 685 570 755 665 565 400 570 1 630 2 510 1 810 Netherlands 55 95 135 245 190 440 940 175 125 325 Sweden 6 210 2 645 2 670 1 430 1 255 750 270 220 165 185 Belgium 1 890 1 410 440 215 175 160 110 125 140 165 Eurostat, last update 12/03/20

The number of asylum applications lodged by Serbian nationals continued to decrease in 2020, with 1,015 applications in the first quarter of 2020, 53% less than in the same period of 2019. Germany remained the main destination of Serbian asylum seekers, although the number of applications lodged in the country decreased by 55% year-on-year. Asylum applications by nationals of Serbia Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019 Jan 2020 Feb 2020 Mar 2020 Schengen+ area 885 740 540 510 410 370 450 395 475 515 420 330 405 400 210 Germany 570 360 250 235 175 115 140 145 185 225 185 120 230 205 100 France 125 215 215 170 145 140 185 175 160 185 165 120 90 100 50 Netherlands 50 60 20 40 20 40 30 10 40 25 10 15 15 25 15 Sweden 55 20 5 10 15 15 30 5 20 25 10 30 25 15 20 Belgium 5 10 20 15 20 20 20 20 15 30 20 25 20 20 15 Eurostat, last update 09/06/20 Readmission and return: Serbian nationals ordered to leave the EU are in general effectively returned from the EU Member States to Serbia. Overall, in the Schengen+ area the return rate in 2019 decreased to 60% compared to 77% in 2018. Since EU Member States report good cooperation, this decrease may be due to the processing of large volumes of decisions or a backlog in previous years and possibly secondary movements. 2017 2018 2019 Ordered to leave Returned Return rate Ordered to leave Returned Return rate Ordered to leave Returned Return rate Schengen+ area 8 720 8 115 93% 7 665 5 870 77% 8 740 5 250 60% Germany 3 505 5 295 151% 1 980 2 605 132% 2 310 1 830 79% France 545 155 28% 1 090 450 41% 1 770 485 27% Austria 845 985 117% 1 100 1 260 115% 1 320 1 445 109% Netherlands 295 165 56% 215 120 56% 440 215 49% Croatia 255 170 67% 270 150 56% 375 195 52% Eurostat, last update 11/05/20 Cooperation on migration and border management As regards border management, further progress was made in implementing the revised Integrated Border Management Strategy and its Action Plan 2017-2020. The government provided funding for additional 187 border police staff. An electronic information exchange platform to be used by all IBM agencies is being set up. The Inter-agency cooperation for border management is taking place, with the establishment of an IBM coordination mechanism. In preparation of the Schengen action plan relevant assessments and gaps analysis were carried out. Serbia still needs to create a single coordination centre for exchanging police information and start preparations for setting up a SIRENE (Supplementary Information Request at the National Entries) office. International border cooperation was further strengthened and joint patrols are operating along the borders with Montenegro, Bulgaria, North Macedonia, Hungary, Bosnia and Herzegovina and Romania. The start of joint patrols with Croatia is still pending. Information campaigns directed at raising the level of awareness on rights and obligations of the visa-free regime for Serbian nationals are continuously being implemented. Serbia signed a European Border and Coast Guard (Frontex) Status Agreement with the EU on 19 November 2019. As the EU has finalised its ratification procedure, the Agreement will enter into force once Serbia ratifies it. It should swiftly become operational by allowing for the deployment of Frontex teams with executive powers along its border with the EU. Joint preparations for the operationalisation of this agreement are ongoing. A working arrangement with Frontex is also in place. A Frontex regional liaison officer was posted to Belgrade in September 2017. Serbia started implementation of the new law on border control and its bylaws, in relation to planning, maintenance and construction of border crossing points. A point of concern indicated in the First and Second Suspension Mechanism report was Serbia's decision to grant visa free regime to countries posing a migratory and security risk to EU Member States, including Iran (2017), Suriname (2018) and most recently Armenia (2019). In 2019, the number of people intercepted at the Serbian border was 4,990, mainly from Afghanistan, Syria, Pakistan, Iraq, Iran and Bangladesh. Serbia continued to manage the effects of the increased mixed migratory flows towards the EU. Amendments to the Law on Foreigners and the Law on Employment of Foreigners were adopted in April 2019. These amendments foresee the creation of a single administrative place for submitting a consolidated request for the temporary residence and work permit for foreigners with a long-term visa. The provisions entered into force in January 2020. The rights of migrants in proceedings before state authorities as well as their rights pending repatriation have been defined, and the return mechanisms improved. The institutional set up for fighting smuggling and trafficking in human beings, established in 2019 within the Criminal Police Directorate is led by the Deputy Prosecutor for Organised Crime and includes bodies such as the Security Intelligence Agency, which were previously not included. As part of organisational changes within the Border Police Directorate, a new department for fighting irregular migration within the Service for Foreigners was established. Suspects from Serbia were among the main nationalities of migrant smuggling suspects reported along the Western Balkan route.

Serbia’s asylum legal framework is largely aligned with the EU acquis. Serbia still needs to further adapt its legislation notably as regards effective ‘access to the procedure’. By the end of March 2020, there were 8 652 persons hosted in 17 official centres. Following the declaration of the state of emergency due to COVID-19, migrants, refugees and asylum seekers were prohibited from leaving the reception facilities in order to avoid uncontrolled movements within the country. The number of persons reached 9 000 in April 2020, and two new temporary facilities had to be opened while some facilities were at 325% of their capacity. The Serbian authorities reacted with a set of measures to prevent the spread of COVID-19 in the reception facilities and used a proactive communication policy in order to contain and mitigate rising tensions due to prolonged confinement and overcrowded spaces. The Asylum Office increased its staff and recruitments are close to completed. Resources were allocated to the Commissariat for Refugees and Migration in the 2019 budget to facilitate access to various rights for persons under international protection. The Commissariat continued to allocate funds to civil society organisations for carrying out awareness-raising activities in host communities and at local level, as well as for the reintegration of returnees under the readmission agreements. As a consequence of the COVID-19 crisis, Serbia closed its borders on 15 March and subsequently introduced a state of emergency on the same day. The latter was lifted on 6 May. On 19 March all commercial flights were cancelled until 21 May. Until 22 May Serbian authorities repatriated 5,637 citizens from abroad (and primarily from the EU) through chartered repatriation flights. Public order and security According to Europol, nationals of Serbia (along with those of Albania and Bosnia and Herzegovina) are also among the most frequently reported nationalities for organised property crimes in the EU. Serbian nationals also play a prominent role in trafficking and distribution of cocaine in the EU. Frontex reports that Western Balkan organised crime groups are mainly composed of Serbians (as well as Montenegrins and Croatians) who are involved in the infiltration and corruption at key European international ports, and use mostly containers and pleasure vessels to traffic the cocaine into the EU. In November 2019, Serbia adopted legislation on the ratification of agreements with Europol: on the deployment of a Europol liaison officer in Serbia, and on amendments to the operational and strategic cooperation with Europol. A Serbian Police Liaison Officer has been posted at Europol since March 2017. The deployment of a Europol Liaison Officer to Serbia is still pending. The Working Arrangement between the Serbian Office for Combatting Drugs and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) is expected to be signed in the foreseeable future. The working arrangement between the Serbian Ministry of Interior and the European Agency for Law Enforcement Training (CEPOL) entered into force in April 2018. It provides for a solid basis for mutual support in training activities for law enforcement officials and for the exchange of best practices in cooperation mechanisms, and should thus help enhancing the effectiveness of fighting cross-border crime in particular. The implementation of the Law on Organisation and Jurisdiction of Government Authorities in Suppression of Organised Crime, Terrorism and Corruption is ongoing. The changes brought by this law produced some results in terms of convictions for corruption in the special departments for supression of corruption in the Higher Prosecutors’ offices and special court departments. However, Serbia still needs to show a convincing track record of confiscating assets in corruption cases. In November 2019, Serbia signed with the European Commission an implementing arrangement for the implementation of the Joint Action Plan on Counter-Terrorism for the Western Balkans which was signed in October 2018 in Tirana. The priority actions to be taken by the authorities of Serbia in 2019 and 2020 include formalise the functions and duties of the new National Coordinator for Counter-Terrorism and for Preventing and Countering Violent Extremism of Serbia; step-up activities in the field of prevention of all forms of radicalism and violent extremism and fight money laundering and terrorist financing, in particular by further developing the track record of investigation, prosecution and convictions. Although Serbia appears to have progressed well in the implementation of the Action Plan, more steps need to be undertaken in various areas and forms of radicalisation and violent extremism. A cooperation agreement between Eurojust and Serbia entered into force in December 2019. The agreement is a positive step towards more efficient cooperation in the fight against organised crime through sharing of information including personal data between Serbia and Eurojust and enabling the appointment of a Liaison Prosecutor for Serbia at Eurojust, who took office on 10 March 2020. Meanwhile, regular cooperation with Eurojust continued through contact points in the Ministry of Justice and the Republic Public Prosecutor’s Office. The fight against firearms trafficking remains insufficient. Cases of diversion of exports of small arms and light weapons have been reported, which demonstrates inadequate export controls. In June 2019, Serbia adopted a Strategy for Small Arms and Light Weapons Control for the period 2019 – 2024 with its accompanying Action Plan, which are now being implemented. The strategy defines five strategic goals for improving the control of weapons. It also envisages the establishment of an expert advisory body (a ‘Council’) and so-called Firearms Focal Points. In December 2019, a team for monitoring and exchanging all operational data regarding weapons was formed. A national Coordinator for control of small arms and light weapons should be designated. The 2017-2022 Strategy for the Prevention and Suppression of Human Trafficking adopted in August 2017 is being implemented. An action plan for the period 2019-2020 was adopted in July 2019. Standard Operating Procedures for the Treatment of Victims of Trafficking in Human Beings were adopted in January 2019 and are currently under revision following their first phase of implementation. Cross-sectoral cooperation, coordination and a clear mutual understanding of roles and responsibilities need to be further strengthened.

The Centre for Protection of victims of human trafficking is functional with 16 out of 24 envisaged staff. There is a need to further enhance its capacities. A shelter for female victims was opened in February 2019. Although legally possible, compensation to victims is rarely granted. There is no scheme or fund for compensation. A significant fall in the numbers of formally identified victims was observed in 2019, though an official set of indicators to identify victims is still lacking. There were 12 individuals convicted (at first instance), for trafficking in human beings (with one of them convicted of having committed the offence within the context of organised crime). Serbia has further strengthened its participation in the EU Policy Cycle for serious and international organised crime / European Multidisciplinary Platform Against Criminal Threats (EMPACT) for the period 2018-2021. In 2020, Serbia participates in 15 operational actions within EMPACT (out of 249 in total). This includes actions in EMPACT priorities including drugs, child exploitation and firearms trafficking, irregular migration, organised property crime. Serbia took part in the annual planning of operational actions. It committed to participate in four operational actions together with EU Member States to combat migrant smuggling in 2020. II.2 EASTERN PARTNERSHIP II.2.1 GEORGIA Irregular migration, asylum applications, readmission Detections of illegal border crossing: According to Frontex data, 328 illegal border crossings were recorded in 2019, compared to 189 detections in 2018. Cyprus was the top reporting country. All illegal border crossing detections were reported at external land borders. Detections of illegal border crossing 2019 328 2018 189 2017 85 2016 119 2015 239 Source: FRAN and JORA data (as of 06/02/20) Refusal of entry at the external borders: In 2019, refusals of entry in the Schengen+ area further increased by 17% compared to 2018 (from 3,805 to 4,435). Poland, Germany and France recorded the highest shares of refusals of entry issued. To be noted that the number of refusals issued by Austria in 2019 increased by 1500% (240) compared to 2018 (15). According to Frontex, the available data also shows a mixture between refusals of entry at the land and air borders, with refusals at air borders accounting for 78%, those at land borders 21% and those at sea borders only 1%. The refusals were largely issued on the basis of lack of proper documents that justified the purpose and conditions of stay (43%), the traveller being a person for whom an alert had been issued in the Schengen Information System (SIS) or the national register for the purposes of refusing entry (23%) and the lack of sufficient means of subsistence (17%).

Refusals of entry for nationals

of Georgia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 3 315 2 820 8 965 8 160 3 185 1 330 810 2 655 3 805 4 435 Poland 2 885 2 340 8 245 7 250 1 345 505 200 335 590 755 Germany 25 20 20 20 25 25 40 130 440 545 France 15 30 20 30 5 25 105 235 460 440 Italy 15 20 35 60 70 30 30 225 : 380 Greece 75 75 95 160 210 135 130 885 630 370 Eurostat, last update 13/05/20 Illegal stay: In 2019, the number of Georgian nationals found to be illegally staying in the Schengen+ area increased by 26%, with 11,845 illegal stays in 2019 compared to 9,400 in 2018. The highest number of Georgian nationals in 2019 was registered in Germany, as in 2018; France saw an increase of 41% of illegal stays by Georgians in 2019 compared to 2018. The detection of illegal stayers was also significantly higher in Poland in 2019. Illegal stay by nationals of Georgia 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Schengen+ area 5 130 4 380 5 490 5 165 6 550 5 400 5 235 5 850 9 400 11 845 Germany 710 585 1 085 1 380 1 580 1 495 1 810 2 030 3 625 3 945 France 400 285 390 400 905 830 615 910 1 440 2 030 Poland 75 95 210 215 210 135 150 180 690 1 585 Greece 1 340 850 795 590 820 1 055 865 800 900 1 115 Spain 440 355 290 245 390 455 495 345 490 570 Eurostat, last update 11/05/20 According to Frontex, the majority of Georgian irregular migrants travelling by air arrive at medium or small-sized airports in the Schengen area, using the services of low budget airlines, having departed from the regional airport of Kutaisi in Georgia. Return flights to Georgia from these EU airports are intermittent, which means that those refused entry are in theory subject to detention periods of up to one week. However, given that the detention facilities at these airports or in their vicinity are limited, as well as a lack of border guards, and limited access to qualified interpreters, this means that the refusal of persons who may not qualify for entry is often difficult in practice. Asylum applications: The number of asylum applications (including repeated applications) increased by 9% in 2019 with 21,570 applications lodged in 2019 compared to 19,730 in 2018 (11,755 in 2017). In 2019, Georgia was the top country of all countries analysed in this report or the total number of asylum application lodged. France is the most affected EU Member State recording 8,280 asylum applications in 2019 compared to 7,000 in 2018 (18% increase). The asylum recognition rate in the Schengen+ area decreased from 4.7% in 2018 to 4.1% in 2019. Yearly total nu