REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on progress by Kosovo* in fulfilling the requirements of the visa liberalisation roadmap
Date: 2013-02-08
Institutions: European Commission
Subjects: EU visa policy, Kosovo, Schengen Information System, application of EU law, biometrics, data protection, identity document, judicial cooperation, public order, return migration

EUROPEAN 
COMMISSION 

Brussels, 8.2.2013  
COM(2013) 66 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on progress by Kosovo* in fulfilling the requirements of the visa liberalisation roadmap

* 

This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the 
ICJ Opinion on the Kosovo declaration of independence.

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on progress by Kosovo* in fulfilling the requirements of the visa liberalisation roadmap 

1. 

INTRODUCTION 

The European Commission launched a visa liberalisation dialogue with Kosovo on 19 January 
2012  and  handed  over  to  its  government,  on  14  June  2012,  a  roadmap  towards  a  visa-free 
regime.  Kosovo  had  already  implemented  a  considerable  set  of  reforms  in  2010  and  2011, 
notably  in  the  field  of  readmission  and  reintegration,  which  enabled  the  Commission  to 
launch this dialogue in 2012. 

The visa liberalisation roadmap identifies the legislation and all other measures that Kosovo 
needs  to  adopt  and  implement  and  the  requirements  it  needs  to  fulfil  in  the  short  term  to 
advance towards visa liberalisation. Kosovo should first adopt or amend in line with the EU 
acquis the legislation set out in the roadmap. It should then fully implement that legislation 
and all other measures specified in the roadmap. 

A large body of legislation already exists in Kosovo in the areas covered by the visa roadmap. 
In some policy areas, the existing legislation is already in line with the essential elements of 
the EU acquis; in others, the adoption of new laws, further alignment with the acquis or the 
adoption of secondary legislation remains necessary. 

The Commission held the first senior officials’ meeting with Kosovo in the context of the visa 
dialogue  on  14  June  2012,  requesting  that  the  Kosovo  authorities  provide  a  comprehensive 
report  on  the  state  of  Kosovo’s  preparedness  under  the  visa  roadmap,  with  a  focus  on 
legislative  alignment.  The  government  delivered  this  report  and  a  legal  analysis  on  15 
September  2012.  To  evaluate  Kosovo’s  progress  in  the  visa  dialogue,  the  Commission 
services  conducted  an  assessment  mission  to  Kosovo  on  22-24  October  2012,  assisted  by 
several experts of EU Member States, the EU Office in Kosovo and EULEX. 

The present document is the first regular report setting out the Commission’s assessment of 
Kosovo’s  progress  in  fulfilling  the  requirements  of  the  visa  liberalisation  roadmap.  In  line 
with  the  visa  liberalisation  roadmap,  it  evaluates  the  following,  with  a  focus  on  legislative 
alignment with the EU acquis: 

(1) 

(2) 

Kosovo’s record in adopting or amending in line with the EU acquis the legislation 
set out in the roadmap; 

Kosovo’s record in implementing the legislation and all other measures set out in the 
roadmap; 

(3) 

The expected migratory and security impacts of the liberalisation of the visa regime. 

The present report draws upon the comprehensive report and legal analysis submitted by the 
Kosovo  government,  reports  drafted  by  the  EU  Member  States’  experts  participating  in  the 
assessment  mission  in  October  2012,  information  submitted  by  the  EU  Office  in  Kosovo, 
EULEX  and  the  EU  Agencies,  as  well  as  detailed  statistics  compiled  by  EUROSTAT  and 
submitted  by  EU  Member  States  and  Schengen  Associated  States.  It  formulates  a  set  of 

* 

This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the 
ICJ Opinion on the Kosovo declaration of independence. 

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recommendations in policy areas where the adoption of new laws, further alignment with the 
acquis  or  the  adoption  of  secondary  legislation  remains  necessary.  As  progress  in  the  visa 
liberalisation  dialogue  will  require  the  implementation  and  enforcement  of  all  the  measures 
set out in the visa roadmap, this report also makes a set of recommendations in the field of 
implementation. 

The visa dialogue is conducted without prejudice to EU Member States’ position on status. 

2. 

ASSESSMENT OF REQUIREMENTS RELATED TO READMISSION AND REINTEGRATION 

2.1. 

Readmission 

The domestic legal framework regulating readmission consists of a law on readmission and 
secondary  legislation.  These  measures  lay  down  the  rules  and  procedures  for  readmitting  to 
Kosovo  its  citizens,  third-country  nationals  and  stateless  persons  who  no  longer  fulfil  the 
requirements of entry or stay in the requesting state. They regulate the readmission procedure, 
with provisions on competent authorities, deadlines, application forms, travel documents, data 
protection and transit. The readmission law contains  provisions  guaranteeing respect for the 
constitution and the laws on data protection, citizenship, travel documents and foreigners, as 
well as the 1951 Geneva Convention relating to the Status of Refugees and the 1967 Protocol 
relating to the Status of Refugees. 

Kosovo should apply its readmission law “without prejudice” to any readmission agreement it 
has concluded with third countries. Kosovo has concluded such agreements with 18 countries, 
including  fourteen  EU  Member  States,  two  Schengen  Associated  States  and  two  Western 
Balkan  states.1  It  has  initialled  bilateral  agreements  with  three  other  countries  and  initiated 
negotiations  with  another  nine  countries.2  The  existing  agreements  oblige  the  contracting 
parties  to  readmit  each  other’s  citizens  and  third-country  nationals  who  no  longer  fulfil  the 
requirements  of  entry  and  stay.  They  also  specify  the  forms  to  be  filled  in  for  readmission 
applications and contain provisions on time limits for requests, the costs of readmission, data 
protection, proof of identity, proof of entry and transit. 

Readmission  from  EU  Member  States  works  mainly  on  the  basis  of  bilateral  agreements.  It 
also tends to function, via UNMIK or EULEX, vis-à-vis Member States that do not recognise 
Kosovo.  A  readmission  and  return  division  in  the  ministry  of  internal  affairs  processes 
readmission applications, and the Kosovo police seek to identify returnees. In the absence of 
reliable personal identity documents, the identification of returnees often poses a problem for 
Kosovo  authorities,  leading  to  their  rejection  of  readmission  applications.  The  exchange  of 
information  with  Member  State  authorities  concerning  the  special  needs  of  returnees, 
including victims of human trafficking, remains problematic. 

The readmission law stipulates that a readmission application must be granted if the relevant 
Kosovo  authorities  have  not  replied  within  30  days.  Figure  6.6  shows  a  high  number  of 
pending readmission applications from Germany and Belgium, suggesting that this provision 
does  not  work  in  the  case  of  all  Member  States.  The  readmission  statistics  supplied  by 
Kosovo  do  not  correspond  to  the  figures  furnished  by  Member  States.  Kosovo  should 
corroborate its readmission statistics with those from Member States. 

1 

2 

Austria, the BENELUX states (in a joint agreement), Bulgaria, the Czech Republic, Denmark, Finland, 
France, Germany, Hungary, Malta, Slovenia, Sweden, Norway, Switzerland, Albania and Montenegro 
have concluded readmission agreements with Kosovo. 
Kosovo has initialled readmission agreements with Estonia and Croatia and initiated negotiations with 
Ireland, Italy, Latvia, Lithuania, Poland, Portugal, the United Kingdom, the former Yugoslav Republic 
of Macedonia and Turkey. 

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2.2. 

Reintegration 

Kosovo  has  improved  its  reintegration  policy  in  recent  years.  In  2010,  the  government 
adopted  a  revised  strategy  and  action  plan  for  reintegration  and  a  reintegration  programme 
supported  by  a  reintegration  fund.3  It  boosted  resources  for  this  fund  from  EUR  500,000  in 
2010  to  EUR  3.4  million  and  EUR  3.2  million,  respectively,  in  2011  and  2012.  The 
reintegration fund finances emergency services for returnees, such as transport upon arrival, 
temporary accommodation, medical aid, food and sanitation packages and housing, as well as 
sustainable  reintegration  services,  such  as  language  classes  for  minors,  vocational  training, 
employment assistance and support for business start-ups. A regulation clarifies the roles and 
responsibilities  of  national  and  municipal  authorities  involved  in  the  reintegration  of 
returnees, the decision-making process and the criteria for benefiting from this programme. 

The institutional structure supporting reintegration was refined in 2012. An executive board, 
assisted  by  a  secretariat,  authorises  payments  from  the  reintegration  fund,  monitors 
implementation,  coordinates  tasks  between  ministries  and  reporting  from  municipalities.  An 
office  for  reintegration,  including  a  reception  office  at  the  airport,  liaises  directly  with 
returnees.  In  2012,  this  office  was  transformed  into  a  department  in  the  ministry  of  internal 
affairs  and  began  to  supervise  the  work  of  seven  regional  coordinators.  At  the  local  level, 
municipal offices for communities and return are in charge of reintegration and report to their 
regional  coordinators.4  Municipal  reintegration  committees  approve  requests  for  emergency 
services  locally;  requests  for  sustainable  reintegration  services  are  approved  at  the  central 
level. Some 250 local officials received training on reintegration in 2011. A case management 
system monitoring returnees’ access to reintegration services remains outstanding. 

In 2011, Kosovo spent only 11% of its reintegration fund, mainly on emergency services. In 
the  first  three  quarters  of  2012,  authorities  committed  some  58%  of  the  fund  (EUR  1.8 
million)  to  reintegration,  including  EUR  1  million  to  housing,  EUR  360,000  to  an 
employment-generation scheme and the rest to emergency services. The company supplying 
temporary  accommodation  to  returnees  was  embroiled  in  a  corruption  scandal  and  lost  its 
contract with the ministry of internal affairs. 

Between January and September 2012, the reintegration department counted 2,968 returnees 
to  Kosovo,  of  whom  some  three-quarters  (2,181  persons)  benefited  from  the  reintegration 
fund. 61.5% of beneficiaries were ethnic Albanian; 30% belonged to the Roma, Ashkali and 
Egyptian  minorities;  and  4%  to  the  Serbian  minority.  All  beneficiaries  received  food  and 
sanitation  packages;  34%  help  with  schooling;  18%  firewood  for  heating;  18%  shelter  or 
housing support; 11% transport services upon arrival; and 17% vocational training or support 
with a business start-up. These figures demonstrate the preponderance of emergency support 
among the services financed by the reintegration fund. 

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4 

Reintegration  is  also  supported  by  the  strategy  for  communities  and  return  and  the  strategy  for  the 
integration of the Roma, Ashkali and Egyptian communities. 
Such  municipal  offices  for  communities  and  return  are  still  missing  in  three  of  Kosovo’s  38 
municipalities. 

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3. 

ASSESSMENT  OF  REQUIREMENTS  RELATED  TO  DOCUMENT 
SECURITY; 
BORDER/BOUNDARY  AND  MIGRATION  MANAGEMENT;  PUBLIC  ORDER  AND 
SECURITY; AND FUNDAMENTAL RIGHTS RELATED TO THE FREEDOM OF MOVEMENT 

3.1. 

BLOCK 1: Document Security 

The law on travel documents, the law on identity cards and secondary legislation lay down the 
rules  and  procedures  for  obtaining  travel  documents  and  ID  cards.  They  include  provisions 
that seek to guarantee the integrity of the issuance process and document quality in line with 
International  Civil  Aviation  Organisation  (ICAO)  standards.  The  law  on  civil  status, 
supported  by  secondary  legislation,  regulates  civil  registration  and  the  issuance  of  breeder 
documents.  Citizens  are  assigned  a  personal  identification  number  at  birth,  during  late 
registration  or  re-registration.  Those  who  lost  their  civil  status  certificates  may  re-register 
using  other  records  or  testimony  from  relatives.  Secondary  legislation  regulates  the  format 
and  issuance  of  civil  status  certificates  and  access  to  records.  The  certificates  contain  a 
number of security features. 

The law on personal names allows the registration of names only in the Latin alphabet, which 
rules out the Cyrillic alphabet in contravention of the constitution. Citizens may change their 
name once every five years, subject to restrictions that seek to prevent abuse. To do so, they 
must provide their birth certificate, marriage certificate, if applicable, and a certificate stating 
that they are not subject to any proceedings. When a name change is permitted, the personal 
identification  number  remains  the  same,  but  the  new  certificate  displays  the  latest  name. 
Kosovo has sought closer relations with INTERPOL to identify persons applying for a name 
change  and  those  who  have  been  banned  from  the  Schengen  area.  It  also  intends  to  reject 
applications  from  persons  on  the  Schengen  entry  ban  list.  In  some  cases,  such  as  a  married 
woman reverting to her maiden name, name changes cannot be rejected, but the new names 
are sent to INTERPOL for onward transmission to Member States. 

In  October  2011,  Kosovo  started  issuing  biometric  travel  documents.  Upon  discovery  of 
financial  irregularities,  the  cooperation  between  the  ministry  of  internal  affairs  and  the 
contracted company was suspended. The travel documents assessed in October 2012 met all 
but one of the EU standards for security features: their design contained the required security 
features; their format complied with ICAO standards.5 An electronic chip stored the document 
holder’s personal data, facial image and fingerprints, in compliance with ICAO standards. The 
data pages were optically personalised and included a variety of security features, but did not 
meet EU standards as concerns the age from which fingerprints should be included in travel 
documents.  The  EU  standard  is  12  years  of  age,  a  measure  applied  by  Member  States  to 
prevent  the  trafficking  of  children.  Kosovo’s  law  on  travel  documents  exempts  from  this 
requirement children up to the age of 16. 

Kosovo has not sent to third countries its ‘public key infrastructure’ certificates generated as 
part of the biometric travel document issuance process, as it has been unable to join the ICAO 
Public  Key  Directory.  Lost  and  stolen  travel  documents  are  recorded  and  forwarded  to 
Kosovo’s  international  law  enforcement  cooperation  unit  for  onward  transmission  to 
INTERPOL’s Stolen and Lost Travel Document (SLTD) database. However, Kosovo’s travel 
document  code  is  not  included  in  the  list  of  codes  used  in  the  INTERPOL  database.  Some 
6,000 records are available that could potentially be transferred to the SLTD.  

5 

These standards are set out in ICAO Document 9303 (Part 1) of Annex 9 to the Chicago Convention. 

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The issuance of identity cards is guided by international standards.6 Kosovo ID cards contain 
a number of security features and the document holders’ biometric identifiers, including their 
facial image and fingerprints, encoded in a two-dimensional barcode with a machine-readable 
option. The security features of these ID cards comply with ICAO standards. Amendments to 
the law on  identity cards adopted in 2012 will enable the production of biometric ID cards, 
but Kosovo has not yet announced when it would start producing such documents. 

A  civil  status  system  based  on  European  best  practices  contains  data  that  are  accurate, 
complete and up-to-date, with data subjects at the system’s foundation. Kosovo’s civil status 
system  falls  short  of  these  standards,  despite  considerable  progress  in  recent  years.  A  civil 
registration agency in the ministry of internal affairs manages all civil status and registration 
records and issues to citizens, at municipal level, civil status certificates, ID cards and travel 
documents. Municipal civil status offices record all life events in separate registry books for 
births, marriages and deaths; upload such data to a central civil status register; and issue civil 
status  certificates.  The  number  of  such  offices  in  Kosovo  should  not  hamper  the  civil 
registration  agency’s  ability  to  audit  these  offices’  compliance,  notably  concerning  name 
changes, with the relevant legislation. Municipal civil registration centres process applications 
for ID cards and travel documents in the following manner; they verify applicants’ identity on 
the  basis  of  civil  status  certificates;  collect  photos,  fingerprints  and  signatures;  upload  such 
data to a central civil registry; and issue the required ID cards or travel documents. 

The integration of civil status and registration data in a single civil status central registry is 
under way. The registry books in Kosovo have all been scanned and uploaded to an electronic 
archive, and certified copies of the original registry books are being returned from Serbia and 
added to this archive. Staff have received training on using the new central registry. However, 
data quality in the central registry remains low, apart from registrations of birth; the marital 
status  and  deaths  of  data  subjects  are  not  yet  updated;  data  entries  are  not  fully  cross-
referenced  or  matched;  several  inconsistencies  and  gaps  exist  between  different  databases; 
and the audit mechanism to monitor modifications to data entries remains weak. 

Staff  at  the  civil  registration  agency  have  received  training  on  a  new  code  of  ethics,  and  a 
small  inspectorate  in  the  civil  registration  agency  investigates  corruption.  Nevertheless, 
implementation needs to improve: fraudulent  name changes and incorrect data in travel and 
identity documents still occur, and there have been allegations of corruption in the production 
of biometric travel documents and vehicle registration plates. Increasing the reliability of the 
civil registration process will require appropriate resources for audit, training and the vetting 
of all public officials engaged in civil registration. 

3.2. 

BLOCK 2: Border/Boundary and Migration Management 

3.2.1.  Border/boundary management 

The  law  on  border  control  and  surveillance  covers  most  of  the  provisions  laid  down  in  the 
Schengen Borders Code, but its definitions and some of its provisions appear not be in line 
with this code.7 The terminological confusion includes the concepts of border control, border 
checks, border surveillance, minimum checks, thorough checks and second line checks. The 
articles  governing  inter-agency  co-operation  are  too  widely  defined  and  do  not  regulate 
cooperation in detail. This law should be amended accordingly. 

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These standards are set out in ICAO Document 9303 (Part 3) of Annex 9 to the Chicago Convention. 
Schengen Borders Code (Regulation 562/2006) 

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The  secondary  legislation  on  local  border  traffic  and  the  relevant  permit  is  in  line  with  the 
Schengen acquis.8 In future, local border traffic could cover large areas adjacent to Kosovo, 
with a considerable impact on  migratory  flows through Kosovo. An efficient system should 
be  established,  in  close  cooperation  with  neighbouring  countries,  to  manage  the  issuance, 
control and use of local border traffic permits. 

The IBM strategy adopted in 2012 draws upon the Western Balkans model, which lacks the 
comprehensive  approach  to  IBM  set  out  in  the  2006  Council  Conclusions,  the  Schengen 
Borders Code and the Schengen Catalogue. The key elements of IBM, namely border control, 
crime prevention and implementation of the four-tier access control model, are missing from 
this strategy, and training is inadequately covered. This strategy should be redrafted, bearing 
in mind all key recommendations and best practices set out in the 2006 Council Conclusions, 
the Schengen Borders Code and the Schengen Catalogue.9 

In a well-functioning IBM system, strategic risk analysis is used to manage risks and threats 
to  border  security.  All  Kosovo  authorities  involved  in  border/boundary  management  have 
recently developed their risk analysis systems, with the border/boundary management centre 
starting  to  play  a  key  role  in  risk  management.  At  regional  and  local  level,  risk  analysis 
should  be  practiced  systematically  to  enhance  operational  planning,  capacity  building  and  a 
proactive approach to border/boundary management. Kosovo has also encountered technical 
difficulties  in  the  operation  of  its  border  management  system  in  the  north  of  Kosovo.  This 
should be rectified. 

Kosovo’s  IBM  strategy  functions  as  a  piece  of  ‘quasi  legislation’  that  grants  different  roles 
and responsibilities to and organises cooperation between the various authorities involved in 
border/boundary  management.  The  IBM  action  plan  sets  out  how  common  goals  in 
border/boundary management should be achieved. Strategic cooperation has improved at the 
central level, but inter-agency cooperation at the regional or local level could not be assessed. 
The  border/boundary  management  centre  is  the  only  cooperation  body  whose  roles  and 
responsibilities  are  adequately  regulated  by  the  law  on  border  control  and  surveillance  and 
secondary  legislation.  Other  authorities’  roles  and  responsibilities  in  border/boundary 
management  should  also  be  legally  defined.  Kosovo  should,  therefore,  draft  legislation  that 
defines  the  roles  and  responsibilities  of  all  public  authorities  involved  in  border/boundary 
management,  including  operational  cooperation  and  information  sharing  for  the  purpose  of 
preventing and combating irregular migration and cross-border crime. 

Law  enforcement  cooperation  with  neighbouring  countries  improved  in  2012.  Kosovo  has 
strong  relations  with  Albania  and,  to  a  lesser  extent,  the  former  Yugoslav  Republic  of 
Macedonia in police cooperation, customs cooperation and border cooperation, including joint 
patrols, information exchange and regular joint meetings.10 Kosovo and the former Yugoslav 
Republic of Macedonia have established a joint communication centre for police cooperation. 
All three border/boundary-related authorities in Kosovo—the border police, customs and the 
food and veterinary agency—participate in such cooperation. Relations are also developing in 
the  field  of  border  checks.  A  new  joint  border-crossing  point  with  the  former  Yugoslav 
Republic of Macedonia is being established, and there are plans to open new border-crossing 
points  with  Montenegro.  Kosovo  should  endeavour  to  conclude  agreements  on  law 
enforcement cooperation with all neighbouring countries. 

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10 

Local Border Traffic Regulation (Regulation 1931/2006) 
Schengen Borders Code (Regulation 562/2006); Council conclusions of 4-5 December 2006; Schengen 
Catalogue on External Border Control, Return and Readmission 
Kosovo  has  a  customs  cooperation  agreement  with  Montenegro  and  a  police  cooperation  agreement 
with Croatia. 

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In 2012, Kosovo and Serbia, with EU facilitation, made substantial progress in implementing 
the  IBM  Agreed  Conclusions  of  2  December  2011.  This  included  opening  four  interim 
crossing  points  before  the  end  of  December  2012  and  preparing  the  establishment  of  two 
more interim crossing points in 2013. The parties also agreed the geographical coordinates of 
six permanent crossing points, to be established in the future; provisions on law enforcement 
information  exchange,  customs  information  exchange  and  mutual  legal  assistance;  and 
posting liaison persons to follow all issues related to the normalisation of relations between 
the two sides. The IBM agreement should be fully implemented in a coordinated manner. 

In  coordination  with  Montenegro,  Kosovo  should  also  delineate  the  mutual  border.  Kosovo 
should also explore modalities of cooperation with FRONTEX. 

3.2.2.  Migration management 

The  law  on  foreigners  regulates  a  number  of  issues  related  to  the  issuance  of  visas,  legal 
migration and irregular migration. Given its wide scope, it only partly complies with the 
EU  acquis.  The  law  on  foreigners,  the  law  on  border  control  and  surveillance  and  the 
secondary legislation should, therefore, be comprehensively redrafted so that their definitions 
and  core  provisions  comply  with  the  Schengen  Borders  Code  and  EU  legislation  on  legal 
migration11 and irregular migration.12 Amendments should address the following: 

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11 

12 

13 
14 

The law on foreigners stipulates that foreigners may enter and stay in the territory of 
Kosovo if they hold a valid travel document that includes a valid visa or temporary 
stay  permit.  The  entry  conditions  defined  in  the  law  on  foreigners,  as  well  as 
transport  carriers’  obligation  to  verify  travellers’  identity,  due  diligence  procedures 
and exceptions in the case of recognised refugees, as set out in the law on foreigners 
and  the  law  on  border  control  and  surveillance,  are  not  in  line  with  the  Schengen 
Borders Code; 

On  the  basis  of  the  law  on  foreigners,  the  government  has  adopted  a  decision  and 
drafted  secondary  legislation  on  the  issuance  of  visas  in  consulates  and  at 
border/boundary-crossing  points.  Kosovo’s  planned  new  visa  regime  will  affect  87 
countries,  but  its  implementation  will  be  delayed  until  July  2013.  The  citizens  of 
these  countries  may  obtain  visas  at  Kosovo’s  consulates,  while  some  may  do  so  at 
Kosovo’s border/boundary-crossing points.13 Granting such wide consular powers to 
the border police is not in line with the Visa Code,14 which permits the issuance of 
visas  at  border-crossing  points  only  under  exceptional  circumstances.  The 
introduction of a visa information system will also require substantial investment in 
an IT system that links the relevant databases with the visa register. Despite external 
support,  the  infrastructure  is  not  yet  in  place.  The  law  on  foreigners,  the  law  on 
border control and surveillance and the secondary legislation should be amended to 

Single  Permit  Directive  (Directive  2011/98/EU);  Directive  on  the  conditions  of  admission  of  third-
country nationals for studies and training (Directive 2004/114/EC); Directive on admitting third-country 
nationals for research (Directive 2005/71/EC); Directive on the right to family reunification (Directive 
2003/86/EC);  Directive  on  long-term  residents  (Directive  2003/109/EC);  Directive  on  the  residence 
permit  issued  to  third-country  nationals  who  are  victims  of  trafficking  in  human  beings  or  who  have 
been  the  subject  of  an  action  to  facilitate  illegal  immigration,  who  cooperate  with  the  competent 
authorities (Directive 2004/81/EC) 
Return Directive (Directive 2008/115/EC); Directive on assistance in case of removal by air (Directive 
2003/110/EC); Directive providing for minimum standards for sanctions against employers of illegally 
staying third-country nationals (Directive 2009/52/EC) 
The citizens of EU Member States do not require visas under Kosovo’s planned new visa regime. 
Visa Code (Regulation 810/2009) 

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– 

– 

– 

– 

– 

ensure their full compliance with the Visa Code on the issuance of visas at border-
crossing points; 

The law on foreigners requires a work permit for issuing a temporary stay permit to 
foreigners, while the law on granting a permit for work and employment to foreign 
citizens requires a stay permit for the issuance of a work permit. This contradiction 
should  be  addressed.  Neither  law  matches  the  definitions  employed  in  the  relevant 
EU  legislation  on  family  members,  stateless  persons  or  unaccompanied  minors. 
There are no provisions on the employment of persons who have been granted a stay 
permit  on  humanitarian  grounds, for  family reunification or for studies or research. 
The clauses on family reunification do not meet EU standards. The law on foreigners 
does not regulate the stay of foreigners who have been victims of trafficking; 

The law on foreigners regulates the return of irregular migrants and detention prior to 
removal.  However,  it  does  not  define  procedures  for  a  fair  and  transparent  return 
policy,  including  provisions  on  return  decisions,  removal,  entry  bans,  absconding, 
voluntary  departure  and  vulnerable  persons.  The  return  procedure  is  unclear; 
procedural safeguards are missing. This law does not lay down specific rules on the 
return  of  vulnerable  persons,  unaccompanied  minors  or  victims  of  trafficking.  The 
possibility  of  extending  voluntary  departure  or  postponing  return  is  missing.  There 
are no penalties for employers employing illegally-staying third-country nationals; 

The  law  on  foreigners  stipulates  that  orders  to  leave  should  be  accompanied  by  an 
entry  ban,  but  does  not  provide  rules  on  the  withdrawal  or  suspension  of  an  entry 
ban.  There  are  no  exceptions  to  the  application  of  an  entry  ban  for  victims  of 
trafficking or clear provisions on legal remedies against removal, legal assistance and 
representation. The rules on detention do not define competent authorities, detention 
conditions, contacts with legal representatives or family members, or the treatment of 
vulnerable  persons.  The  principle  of  non-refoulement  is  included  in  the  law  on 
foreigners, in line with international standards, but there are no safeguards relating to 
pending  returns,  family  unity  or  emergency  health  care.  The  best  interests  of  the 
child and family unity are not covered; 

The  law  on  foreigners  does  not  contain  provisions  ensuring  the  socio-economic 
integration of refugees. To enhance their integration, including in the labour market, 
refugees should be granted a secure legal status in Kosovo, preferably in the form of 
a permanent stay permit issued after the expiry of a temporary stay permit; 

Kosovo  has  developed  a  new  database  on  asylum  and  migration.  Once  functional, 
this could contribute to data collection and the analysis of migration to Kosovo. Yet, 
authorities’  right  of  access  has  not  been  defined.  In  full  compliance  with  the  data 
protection law, the law on foreigners should be amended to regulate data processing 
in the field of migration and asylum, data access and data sharing among authorities. 

The  criminal  code  contains  provisions  on  the  smuggling  of  migrants,  with  appropriate 
sanctions,  defining  this  crime  as  an  action  to  obtain  financial  or  material  benefits  from  a 
foreigner’s  illegal  entry  to  Kosovo.  It  also  provides  sanctions  for  persons  who  intentionally 
assist a foreigner’s illegal entry to Kosovo. These provisions are largely in line with the EU 
Directive defining the facilitation of unauthorised entry, transit and residence.15 

A  new  strategy  and  an  action  plan  on  migration  are  currently  being  drafted.  This  strategy 
should  provide  a  comprehensive  framework  for  migration  management,  including  legal  and 

15 

Directive defining the facilitation of unauthorised entry, transit and residence (Directive 2002/90/EC) 

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irregular migration, in line with international best practices. It should set clear goals; define 
roles and responsibilities; clarify the scope of cooperation with third countries; and develop a 
migration profile for Kosovo. 

3.2.3.  Asylum 

The  law  on  asylum  regulates  the  qualification  and  status  of  applicants  for  international 
protection, material reception conditions and asylum procedures in Kosovo. It does not fully 
comply  with  the  EU  acquis  and  the  1951  Geneva  Convention.16  It  covers,  inter  alia,  the 
procedural aspects of asylum; different forms of protection, such as refugee status, subsidiary 
protection  and  so-called  temporary  protection;  the  rights  and  duties  of  applicants;  the 
principle of non-refoulement; the termination of the asylum procedure; appeal; and document 
issuance.  The  law’s  structure  is  incoherent.  Various  definitions,  including  those  relating  to 
asylum-seekers, vulnerable persons, foreign citizens and stateless persons, are not fully in line 
with  the  EU  acquis  and  the  Geneva  Convention.  The  definitions  of  safe  countries  of  origin 
and safe third countries are not in line with the Asylum Procedures Directive. The law does 
not  describe  the  principles  of  the  asylum  procedure.  There  is  an  additional  category  of  so-
called ‘temporary protection,’ but its purpose and scope are not clear. 

The needs of vulnerable persons are not properly addressed and are limited to minors, women 
and persons with mental or physical disabilities. These provisions are not fully in line with the 
Reception Conditions Directive and the Qualification Directive. The rights of asylum seekers 
and  procedural  guarantees  appear  to  be  unduly  restricted,  particularly  as  concerns  the 
examination  of  applications,  the  use  of  one’s  mother  tongue  in  applications,  the  use  of 
interpreters and the right to communicate with the UNHCR. The role of the UNHCR appears 
not to be in line with the Asylum Procedures Directive or the Geneva Convention. 

There  are  no  clear  provisions  on  the  rights  and  obligations  of  refugees  and  persons  under 
subsidiary  or  so-called  ‘temporary  protection,’  and  several  basic  principles  are  not  listed  in 
the law, such as access to education, assistance with integration, the right to own property and 
the right to employment, falling short of the standards of the Qualification Directive and the 
Geneva Convention. Legal remedies do not include the right of appeal against the rejection of 
an application for subsidiary or ‘temporary protection,’ which falls short of the standards of 
the  Asylum  Procedures  Directive.  Time  limits  on  interrupting  asylum  procedures  are  not 
clearly defined. 

Kosovo received only 31 asylum applications by November 2012 and 189 in 2011. This year, 
the  department  of  citizenship,  asylum  and  migration  in  the  ministry  of  internal  affairs  also 
faced  a  number  of  allegations  of  corruption  in  managing  asylum  facilities  and  rental 
accommodation  for  returnees.  These  allegations  should  be  vigorously  investigated  by  the 
relevant authorities. Kosovo should explore modalities of cooperation with EASO. 

3.3. 

BLOCK 3: Public order and security 

Kosovo overhauled its criminal justice system in 2012, with a new law on courts, a new law 
on prosecution, a new criminal code and a new code of criminal procedure entering into force 
on  1  January  2013.  The  laws  on  the  Judicial  Council  and  the  Prosecutorial  Council  entered 
into force in 2011. These six pieces of legislation complement the law on Special Prosecution, 
which sets out the exclusive and subsidiary competences of special prosecutors in charge of 
investigating and prosecuting, inter alia, organised crime, corruption and terrorism. 

16 

Directive on reception conditions for asylum-seekers (Directive 2003/9/EC), the Qualification Directive 
(Directive 2004/83/EC and Recast Directive 2011/95/EC), the Asylum Procedures Directive (Directive 
2005/85/EC) and the Temporary Protection Directive (Directive 2001/55/EC) 

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The  new  court  structure  will  consist  of  Basic  Courts,  a  Court  of  Appeal  and  the  Supreme 
Court. The law on courts establishes serious crime departments within the Basic Courts and 
the  Court  of  Appeal  to  adjudicate  serious  crime  cases,  including  those  that  fall  under  the 
exclusive  and  subsidiary  competences  of  the  Special  Prosecution.  The  government  has 
considered establishing a special criminal chamber in the Basic Court of Pristina to adjudicate 
serious  crimes  in  areas  that  mirror  the  exclusive  and  subsidiary  competences  of  the  Special 
Prosecution.  It  remains  unclear  how  such  a  special  criminal  chamber  would  relate  to  the 
serious crime departments to be set up in Basic Courts and in the Court of Appeal. 

Kosovo  should  implement  its  judicial  reform  in  a  manner  that  improves  the  independence, 
effectiveness, accountability and impartiality of the judiciary, including by devoting sufficient 
financial  and  human  resources  to  operating  the  new  court  system.  Judges  and  prosecutors 
underwent a vetting procedure in 2009. The Judicial and Prosecutorial Councils should make 
a  particular  effort  to  prevent  political  interference  in  the  investigation,  prosecution  and 
adjudication of crimes; ensure the transparent recruitment, vetting and appointment of judges 
and  prosecutors,  filling  vacant  positions  notably  from  minorities;  and  enforce  disciplinary 
action in all cases involving corruption in the judiciary. The Judicial Council should continue 
to implement its strategy to reduce the backlog of pending court cases. 

A new criminal code was adopted in April 2012 and entered into force in January 2013. It 
contains provisions, inter alia, on the smuggling of migrants, trafficking in human beings, the 
production  and  trafficking  of  drugs,  organised  crime,  corruption  and  arms  trafficking.  Its 
provisions  respect  the  exclusive  and  subsidiary  competences  of  the  Special  Prosecution. 
However, the provisions on  corruption  offences require  further examination. The provisions 
on expelling foreigners from Kosovo are not fully in line with those of the law on foreigners. 
The  section  on  criminal  records  does  not  include  provisions  on  information  exchange  with 
third countries. 

A new code of criminal procedure was adopted on 22 December 2012 and entered into force 
on 1 January 2013. Some of its provisions are in line with EU standards, including those on 
data protection. Other provisions constitute grounds for concern. The new code contains some 
provisions that may affect the principle of the non-retroactivity of legislation. The draft code 
stipulated  that  ongoing  cases  would  be  handled  by  the  previous  code,  while  the  transitional 
provisions of the adopted code also apply to criminal proceedings initiated before 1 January 
2013,  cases  in  which  indictments  have  been  filed  and  confirmed,  and  cases  in  which 
indictments have been filed but not yet confirmed. The new code incorporated a transitional 
period  of  only  ten  days,  leaving  insufficient  time  for  all  actors  to  prepare  for  its 
implementation.  This  could  cause  problems  in  the  administration  of  justice.  Finally,  the 
potential retroactivity of the code’s new provisions on pre-trial witness testimony may restrict 
the admissibility of pre-trial testimony as grounds for a conviction in criminal trials that are 
already  in  process.  Several  provisions  of  the  code  of  criminal  procedure  deserve  further 
examination. 

The correct implementation of the new law on courts, the new law on prosecution, the new 
criminal  code  and  the  new  code  of  criminal  procedure  is  an  essential  prerequisite  of 
improving the independence, effectiveness, accountability and impartiality of the judiciary in 
Kosovo. Therefore, Kosovo should consider conducting a general review of the functioning of 
the restructured criminal justice system in the second half of 2013, including an assessment of 
the implementation of these four laws. 

3.3.1.  Preventing and combating organised crime, corruption and terrorism 

Kosovo has established a legislative and institutional framework to combat organised crime 
and corruption, but cooperation between the police, customs and prosecutors in investigating 

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and  prosecuting  such  crimes  should  further  improve.17  Cooperation  between  the  police  and 
prosecution needs to improve to ensure an increase in the number of prosecutions following 
investigations and to ensure a pro-active approach to fighting serious crime in  line  with the 
strategy and action plan on intelligence-led policing. The investigative capacity of the police 
is adequate, but that of customs should improve. Cooperation between the prosecution and the 
Financial Intelligence Unit (FIU) should improve to ensure a pro-active approach to launching 
investigations  into inexplicable  wealth. The functioning of the FIU and its cooperation  with 
the police improved in 2012. The foundations of a new witness protection programme were 
laid in 2012, but substantial budgetary allocations and capacity-building will be necessary in 
this field. Kosovo is expected to adopt a new anti-corruption strategy and action plan and has 
already  adopted  a  new  strategy  and  action  plan  against  organised  crime.  It  should  make  a 
particular  effort  to  establish  a  track  record  of  investigations,  prosecutions  and  final  court 
rulings  in  cases  concerning  organised  crime  and  corruption,  including  drug  trafficking, 
trafficking in human beings, arms trafficking and money-laundering. 

The  Special  Prosecution  plays  an  important  role  in  investigating  and  prosecuting  serious 
crimes  in  Kosovo.  Special  prosecutors  include  EULEX  prosecutors  and  Kosovo  public 
prosecutors,  with  the  authority  and  responsibility  to  conduct  criminal  investigations  and 
prosecute serious crimes that fall under the Special Prosecution’s exclusive18 and subsidiary19 
competences. In 2012, the government considered amending the competences of the Special 
Prosecution  or  extending  to  all  prosecutors  in  Kosovo  the  Special  Prosecution’s  exclusive 
competence to investigate and prosecute money-laundering cases. Such reforms should only 
be  undertaken  in  the  light  of  further  experience  of  how  the  restructured  criminal  justice 
system  works  in  practice.  The  exclusive  and  subsidiary  competences  of  the  Special 
Prosecution should be maintained. In the context of the general review of the criminal justice 
system  mentioned  above,  Kosovo  and  the  EU  may  begin  a  joint  reflection  on  how  best  to 
adapt the Special Prosecution’s competences to the restructured criminal justice system. 

The legal and institutional framework to combat the trafficking of drugs and precursors is in 
place. However, the resources to implement Kosovo’s anti-drug policy are insufficient, and an 
intelligence-led approach is lacking. Kosovo’s efforts to disrupt the trafficking of heroin from 
Afghanistan via Turkey to EU markets, and the trafficking of cocaine from Latin America via 
Montenegro and Albania to the EU, remain inadequate. Kosovo continues to face difficulties 
in reducing the cultivation and trafficking of cannabis to the EU. Drug seizures increased in 
2012 but remain modest; the judicial follow-up of investigations, inadequate. Kosovo began 
cooperating  with  the  EMCDDA  in  2009.  Its  law  on  drugs,  psychotropic  substances  and 
precursors incorporates international standards in the fight against drug trafficking, as well as 
the  preventive  aspects  of  drug  addiction.  The  criminal  code  contains  penalties  for  drug 
trafficking. The drug strategy and action plan address demand and supply reduction. Kosovo 
should considerably improve its efforts to combat drug trafficking. 

The  legal  and  institutional  framework  against  trafficking  in  human  beings  is  under 
development.  Kosovo  remains  a  place  of  origin  and  transit  for  victims  of  trafficking.  The 
trend of trafficking women to the EU for sexual exploitation continues. Child trafficking for 

17 

18 

19 

cf.  European  Court  of  Auditors,  European  Union  Assistance  to  Kosovo  Related  to  the  Rule  of  Law, 
Special Report No. 18, 2012 
Exclusive competences include the investigation and prosecution of, inter alia, terrorism, war crimes, 
organised crime and money-laundering. 
Subsidiary  competences  include  the  investigation  and  prosecution  of,  inter  alia,  the  smuggling  of 
migrants,  trafficking  in  human  beings,  drug  trafficking,  unlawful  gambling,  tax  evasion,  weapons 
trafficking, the abuse of office, bribery and fraud in office. 

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the  purpose  of  begging  and  facilitated  irregular  migration,  often  using  forged  or  counterfeit 
documents, remain matters of serious concern. The new criminal code contains provisions on 
trafficking  in  human  beings  and  the  smuggling  of  migrants.  It  increased  penalties  for  the 
trafficking of children. The police launched a number of criminal investigations of trafficking 
in  human  beings  in  2012,  but  the  prosecution  of  such  crimes  and  convictions  remain  low. 
Although planned in the legislative programme, the government has not yet adopted a law on 
trafficking in human beings. A strategy and action plan against trafficking in human beings is 
in  place.  However,  Kosovo  should  considerably  improve  its  efforts  to  combat  trafficking  in 
human  beings  and  facilitated  irregular  migration,  including  by  drafting  a  new  law  on 
trafficking in human beings. 

The trafficking of small arms and light weapons continues to afflict Kosovo. The criminal 
code  contains  provision  on  arms  trafficking,  and  Kosovo  has  a  strategy  and  action  plan 
against arms trafficking. Terrorism originating in Kosovo poses a lesser threat to Kosovo and 
the  EU  than  organised  crime  and  corruption.  Kosovo  has  a  counter-terrorism  and  domestic 
security strategy and action plan. These strategies should be fully implemented. 

The law on the prevention of money-laundering and terrorist financing establishes the FIU 
as an independent institution that provides financial intelligence to investigative bodies in the 
field  of  money-laundering  and  terrorist  financing.  The  responsibilities  of  the  EULEX-led 
Financial  Intelligence  Centre  have  recently  been  transferred  to  Kosovo’s  FIU.  The  FIU’s 
cooperation  with  banks  improved  in  2012,  with  a  growing  number  of  cash  transactions 
reported.  The  government  has  also  drafted,  with  assistance  provided  by  the  EU  and  the 
Council  of  Europe,  amendments  to  this  law  to  address  concerns  in  four  areas:  national  risk 
assessment,  the  criminalisation  framework,  sanctions  for  non-compliance  and  international 
cooperation.  These  amendments  seek  to  update  the  law’s  definitions  in  line  with  Financial 
Action Task Force (FATF) recommendations; strengthen the operational independence of the 
FIU; and refine the provisions on information exchange, customer due diligence, suspicious 
transaction  reports,  supervisory  responsibilities,  sanctions  and  casinos.  The  exchange  of 
information  with  third  countries  has  improved:  the  FIU  has  concluded  memoranda  of 
understanding with seven countries.20 Under Slovenian sponsorship, Kosovo wishes to apply 
for membership of the Egmont Group of FIUs. Kosovo should consider future amendments to 
its  legislation  on  the  prevention  of  money-laundering  and  terrorist  financing  on  specialised 
training and statistical indicators and implement the relevant strategy and action plan. 

Asset confiscation is regulated, to a certain extent, by the criminal code and code of criminal 
procedure.  The  government  has  drafted  a  law  establishing  extended  powers  for  the 
confiscation of assets. This would enable conviction-based confiscation and, within limits, the 
confiscation of accumulated wealth. The powers of confiscation extend to assets that are not 
material  benefits  of  a  criminal  offence,  assets  acquired  by  a  defendant  who  died  or  left 
Kosovo and assets transferred to another party. In the case of a bona fide purchase, transferred 
assets  may  not  be  confiscated.  This  draft  introduces  the  concept  of  a  ‘reversed  burden  of 
proof,’ requiring defendants to prove how they acquired their sequestered assets. An agency 
managing sequestered or confiscated assets supports judicial and law enforcement authorities 
with the execution of decisions on sequestering and confiscating assets. Kosovo should adopt 
and implement the draft law establishing extended powers for the confiscation of assets. 

Kosovo  has  developed  an  extensive  legislative  and  institutional  framework  against 
corruption, including laws on the declaration of assets by public officials, the prevention of 

20 

These  countries  include  the  following:  Slovenia,  Croatia,  Albania,  Montenegro,  the  former  Yugoslav 
Republic of Macedonia, San Marino and Turkey. 

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conflicts  of  interest  in  the  public  sector,  whistle  blowers,  public  procurement  and  political 
party  financing.  An  anti-corruption  agency  is  in  charge  of  implementing  the  laws  on  the 
declaration  of  assets  and  the  prevention  of  conflicts  of  interest.  This  agency  may  launch 
preliminary  investigations  of  corruption,  transferring  to  the  police  or  prosecutors  suspected 
corruption  cases.  It  has  signed  a  memorandum  of  understanding  with  EULEX.  Despite  its 
mandate, it can only verify the origin of assets when it suspects that they have been acquired 
illegally.  Its  expertise  in  identifying  and  following  up  corruption  risks  in  the  public  sector, 
including via risk assessments in vulnerable sectors, remains limited. Kosovo should consider 
whether additional resources are necessary for this agency to discharge its duties. 

An  anti-corruption  council  was set  up  in  2012,  under  the  aegis  of  the  president,  to  improve 
coordination among the various bodies involved in the fight against corruption. The Special 
Prosecution  has  also  established  an  anti-corruption  task  force,  while  the  police  has  set  up  a 
directorate against economic crime and corruption. The overlapping roles and responsibilities 
of these anti-corruption bodies should be clarified. 

Despite  a  modern  public  procurement  law  in  place,  the  abuse  of  public  procurement 
procedures  continues  to  be  a  major  problem  in  Kosovo.  This  law  should  be  fully 
implemented,  with  any  abuse  investigated  and  prosecuted.  The  law  on  political  party 
financing should be amended in a manner that prohibits or strictly regulates donations from 
legal  entities  that  also  provide  goods  and  services  to  the  public  administration,  obliges 
political parties to have a single bank account and defines time limits for publishing financial 
reports.  Kosovo’s  entire  anti-corruption  framework  should  be  implemented  to  achieve 
concrete results in the fight against corruption. 

A new law on the police regulates the duties and powers of the police. Secondary legislation, 
notably  on  the  use  of  force  and  firearms  by  police  officers,  data  protection  and  disciplinary 
measures, remains outstanding. The law on the police inspectorate regulates the powers of the 
independent  police  inspectorate,  which  handles  complaints  and  disciplinary  action  and  may 
launch  criminal  investigations  against  police  officers.  Relations  between  the  police  and  the 
police  inspectorate  improved  in  2012,  and  the  inspectorate  also  launched  several  new 
investigations in 2012. Secondary legislation  is necessary for the full  implementation of the 
law on the police inspectorate, which have not yet been adopted. All the necessary secondary 
legislation for the law on police and the law on the police inspectorate should be adopted and 
implemented. 

In  2012,  Kosovo  drafted  a  law  on  the  interception  of  telecommunication,  which  would 
enable the police, the Kosovo intelligence agency, customs and EULEX to lawfully intercept 
electronic  communication  and  to  request  the  content,  location  and  traffic  data  of  electronic 
communication for the purpose of law enforcement or domestic security. Whilst the purpose 
and scope of the draft law appear to be in line with the provisions of the e-Privacy directive,21 
concerns have been raised as regards its alignment with the provisions of the Data Retention 
Directive.22  Future  legislation  on  interception  needs  to  clearly  distinguish  between  judicial 
interception  and  interception  for  intelligence  services,  in  line  with  European  best  practices. 
The  government  should  consider  regulating  data  retention  for  law  enforcement  purposes, 
notably as concerns its scope, purpose, proportionality, data categories, data access, retention 
periods and legal remedies, in line with the Data Retention Directive. 

The  law  on  witness  protection  was  adopted  in  2011  and  entered  into  force  in  2012.  It 
regulates the protection of witnesses of serious crimes. It is largely in line with European best 

21 
22 

Directive 2002/58/EC, Article 15(1) 
Directive 2006/24/EC 

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practices, but its implementation requires secondary legislation on issues such as a change of 
identity,  budgetary  provisions,  safe  house  requirements  and  questionnaires  for  victims.  An 
international agreement for relocation, based on the EUROPOL format, was signed in January 
2013.  Once  operational,  Kosovo’s  witness  protection  directorate  will  work  alongside  the 
EULEX  witness  security  programme,  which  is  still  responsible  for  protecting  witnesses  of 
crime under EULEX’s mandate. 

3.3.2.  Law enforcement cooperation 

Kosovo  has  concluded  police  cooperation  agreements  with  Austria,  Sweden,  Croatia, 
Albania  and  the  former  Yugoslav  Republic  of  Macedonia;  agreements  on  combatting 
trafficking in human beings with France and the former Yugoslav Republic of Macedonia; a 
security  cooperation  with  Germany;  and  an  agreement  to  combat  organised  crime  and 
irregular migration with Hungary. It has customs cooperation agreements with ten countries.23 

Kosovo established an international law enforcement cooperation unit (ILECU) in 2011. This 
unit,  as  elsewhere  in  the  Western  Balkans,  seeks  to  facilitate  strategic  and  operational 
cooperation with the law enforcement authorities of neighbouring countries and EU Member 
States.  As  a  constituent  unit  of  the  police,  Kosovo’s  ILECU  has  access  to  all  domestic 
databases. It should process personal data strictly in line with the law on data protection. The 
police  have  also  recently  enabled  EULEX’s  access  to  the  police  information  system  and 
border management system. Such information sharing is likely to benefit the investigation of 
serious  crimes  in  Kosovo,  but  the  police  and  EULEX  should  also  seek  to  formalise  the 
exchange of criminal information and intelligence in a technical arrangement. 

Kosovo’s strategic and operational law enforcement cooperation with neighbouring countries 
and  EU  Member  States  works  on  an  informal  basis.  Law  enforcement  cooperation  with 
Albania and the former Yugoslav Republic of Macedonia is strong; relations with Serbia, via 
EU facilitation, and Bosnia and Herzegovina are improving. Kosovo is planning to deploy law 
enforcement liaison officers to Austria, Hungary, Germany, Sweden and Switzerland. Kosovo 
should  continue  deepening  law  enforcement  cooperation  with  all  interested  neighbouring 
countries  and  EU  Member  States.  It  should  explore  modalities  of  cooperation  with 
EUROPOL, INTERPOL and regional law enforcement organisations. 

3.3.3. 

Judicial cooperation in criminal matters 

Kosovo  has  concluded  agreements  on  mutual  legal  assistance  with  Croatia,  the  former 
Yugoslav  Republic  of  Macedonia  and  Turkey;  agreements  on  extradition  with  the  former 
Yugoslav  Republic  of  Macedonia  and  Turkey;  and  agreements  on  the  transfer  of  sentenced 
persons with Belgium, Switzerland, the former Yugoslav Republic of Macedonia and Turkey. 
Negotiations with Germany, Italy and Albania on mutual legal assistance, extradition and the 
transfer of sentenced persons have been completed. Kosovo has approached another 23 states 
to negotiate further agreements.24 

In addition to these bilateral agreements, the law on international legal cooperation provides a 
legal  basis  for  mutual  legal  assistance  with  third  countries.  EULEX  continues  to  act  as  an 
interface  with  non-recognising  states  under  the  terms  of  a  technical  arrangement  with  the 
ministry  of  justice.  The  law  on  international  legal  cooperation  requires  reciprocity  for  the 

23 

24 

These  countries  include  the  following:  Bulgaria,  the  Czech  Republic,  Germany,  Ireland,  Sweden,  the 
United Kingdom, Switzerland, Canada, the United States and Saudi Arabia. 
These  countries  include  the  following:  Austria,  Belgium,  Bulgaria,  the  Czech  Republic,  Denmark, 
Estonia,  Finland,  France,  Germany,  Hungary,  Italy,  Lithuania,  Latvia,  Luxembourg,  the  Netherlands, 
Poland, Portugal, Slovenia, Sweden, Croatia, Switzerland, Norway and Turkey. 

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processing of requests for mutual legal assistance. Kosovo has sent several requests to Serbia, 
but refused to process such requests from Serbia in the absence of reciprocity. 

Although  not  a  member  of  the  Council  of  Europe,  Kosovo  should  consider  ratifying  all  the 
relevant Council of Europe conventions in the field of mutual legal assistance. It should also 
explore modalities of cooperation with EUROJUST. 

3.3.4.  Data protection 

The right to the protection of  personal data is safeguarded  by the constitution,  the law  on 
access to official documents and the law on personal data protection. Further data protection 
rules  are  set  out  in  the  law  on  the  classification  of  information  and  security  clearance.  A 
regulation on the data protection agency and secondary legislation on assessing the officials of 
the data protection authority seek to implement this legal framework. 

The data protection law regulates data processing by public and private bodies, obligations of 
data controllers and processors and the rights of data subjects. It provides sanctions for serious 
violations  of  data  protection  provisions.  This  law  largely  complies  with  the  EU  acquis,  but 
further progress in data protection requires the implementation of the relevant regulation and 
secondary legislation. 

This law contains a set of restrictions on the information to be given to data subjects, the right 
of access and the right to supplement, correct or delete data. Public security constitutes such 
an  exception.  This  clause  is  in  line  with  the  EU  acquis,  but  its  implementation  should  be 
monitored.  Most  Member  States  have  provisions  that  allow  the  restriction  of  data  subjects’ 
right  of  access  to  their  personal  data  on  public  security  grounds.  The  scope  and  possible 
exemptions regarding data subjects’ rights requires further clarification. 

The independence of the chief supervisor of the data protection agency is established by the 
data  protection  law.  While  the  formal  aspects  of  independence  are  guaranteed,  these 
provisions  must  be  implemented  in  practice.  The  de  facto  independence  of  supervisors 
appears appropriate: all five supervisors have been appointed and took up their posts. 

This  agency  has  its  own  budget  administered  independently  in  accordance  with  the  data 
protection law. Its budget appears appropriate, and the agency has filled most of its posts. It 
has  established  working  groups  to  draft  regulations  on  the  processing  of  personal  data  in 
police  and  judicial  cooperation  in  criminal  matters.  A  list  of  countries  and  international 
organisations  with  an  adequate  level  of  data  protection  has  been  approved  by  the  data 
protection council. Despite insufficient staffing, it has conducted fifty inspections and audits 
among public and private organisations to assess their compliance with data protection rules. 

This agency is also consulted prior to the adoption of legislative and administrative measures 
relating  to  the  processing  of  personal  data.  It  has  been  consulted  on  thirteen  draft  laws  and 
regulations,  but  was  not  consulted  prior  to  the  adoption  of  the  law  on  police  or  the  new 
criminal code of procedure. In line with its mandate, this agency should be consulted in future 
on all draft legislation involving the processing of personal data. 

3.4. 

BLOCK 4: Fundamental Rights related to the Freedom of Movement 

Human  and  fundamental  rights  are  enshrined  in  Kosovo’s  constitution.  The  constitution 
lists  the  main  international  agreements  and  instruments  directly  applicable  in  Kosovo.25  In 

25 

These  instruments  include  the  Universal  Declaration  of  Human  Rights;  the  European  Convention  on 
Human  Rights  and  its  Protocols;  the  International  Covenant  on  Civil  and  Political  Rights  and  its 
Protocols; the Council of Europe Framework Convention for the Protection of National Minorities; the 
Convention  on  the  Elimination  of  All  Forms  of  Racial  Discrimination;  and  the  Convention  on  the 

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case  of  conflict,  the  international  agreements  that  Kosovo  has  ratified  take  precedence  over 
domestic legislation. The human and fundamental rights enshrined in these agreements are to 
be interpreted in line with the decisions of the European Court of Human Rights. 

The constitution empowers individuals to refer to the constitutional court violations of their 
fundamental rights. The assembly has a committee on human rights, gender equality, missing 
persons and petitions with a mandate to review all issues pertaining to human rights, to review 
petitions  by  citizens  and  to  oversee  the  implementation  of  laws  within  its  competence. 
Kosovo has established structures at central and municipal level to assist with the protection, 
promotion and enforcement of human and fundamental rights. A new strategy and action plan 
on human rights is due to be drafted soon. 

Kosovo  has  a  solid  legal  framework  for  the  protection  of  human  and  fundamental  rights. 
There are a large number of institutions and authorities at different levels of government with 
responsibilities relating to the implementation of such rights. Kosovo is currently working on 
secondary  legislation  in  this  area,  which  should  include  the  consultation  of  municipal 
authorities. 

The  European  Framework  Convention  for  the  Protection  of  National  Minorities,  which 
mandates  the  protection  of  persons  from  threats,  hostility,  violence  or  discrimination  as  a 
result of their ethnic, cultural, linguistic or religious identity, is directly applicable in Kosovo. 
The domestic legal framework also includes provisions urging Kosovo institutions to protect 
the  security  and  safety  of  minorities  through,  inter  alia,  the  law  on  the  protection  and 
promotion  of  the  rights  of  communities  and  their  members  and  the  law  on  the  use  of 
languages. Kosovo has a strategy and action plan on the integration of the Roma, Ashkali and 
Egyptian  minorities,  but  the  situation  of  these  minorities  remains  very  poor.  The 
implementation  of  this  strategy  and  action  plan  remains  limited,  mostly  due  to  a  lack  of 
political will and weak capacity in ministries and municipalities. 

Kosovo has a legal framework guaranteeing anti-discrimination, including a gender equality 
law, an anti-discrimination law, a law regarding the employment of persons with disabilities 
and  an  ombudsman  law.  The  anti-discrimination  law  is  being  reviewed  to  strengthen  its 
sanction mechanism. However, there has been limited progress in the area of social inclusion, 
including  anti-discrimination.  Combined  with  weak  civil  society  activism,  the  anti-
discrimination  law  has  not  yet  created  an  effective  protection  mechanism  against 
discrimination.  The  lesbian,  gay,  bisexual,  transvestite  and  transsexual  (LGBT)  community 
faces stigmatisation and the threat of violence. Despite the legislation, people with disabilities 
face  serious  problems  in  accessing  infrastructure,  assistance,  medical  care,  employment  and 
protection  from  discrimination.  The  legal  framework  should  be  enforced  to  ensure  gender 
equality in Kosovo. 

The  legal  framework  supporting  minorities’  access  to  travel  and  identity  documents, 
including  civil  registration,  is  satisfactory,  but  implementation  remains  limited.  A  recent 
OSCE report found that, despite municipalities’ obligation to provide services in all official 
languages,  individuals  who  belong  to  minorities  that  are  in  a  numerical  minority  in  a  given 
municipality  are  often  unable  to  communicate  with  civil  registration  officials  and  obtain 
documents in their own language. Illiterate members of minorities face additional obstacles in 
completing forms to access civil registration.26 

Elimination  of  All  Forms  of  Discrimination  Against  Women;  the  Convention  on  the  Rights  of  the 
Child. Kosovo is a member of neither the UN nor the Council of Europe. 
OSCE, Access to civil registration in Kosovo, Pristina, July 2012 

26 

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Persons  belonging  to  the  Serbian  minority  have  raised  concerns  about  the  freedom  of 
movement  in  the  context  of  Kosovo’s  implementation  of  the  agreement  with  Serbia  on  the 
freedom  of  movement.  They  have  faced  delays  in  obtaining  driving  licences  and  vehicle 
registration documents, as well as in language compliance, all of which may have an adverse 
impact  on  the  freedom  of  movement.  The  ombudsperson  has  taken  up  some  of  these 
complaints, mostly related to the lack of implementation at municipal level. 

Ethnically-motivated  crime  is  committed  against  all  minorities  in  Kosovo,  including 
Albanians  in  areas  where  they  do  not  constitute  a  majority.  There  has  been  an  increase  in 
ethnically-motivated crime committed against Serbian returnees, and security for Serbs south 
of the river Ibar has deteriorated. 

Municipal  community  safety  councils,  chaired  by  local  mayors  and  made  up  of  members 
representing minorities within a municipality, are the main local bodies mandated to address 
the security of minorities. The functioning of these councils remains inconsistent, and many 
municipalities  have  yet  to  establish  such  bodies.  The  government  adopted  a  strategy  and 
action plan for community safety in 2011. 

4. 

4.1. 

ASSESSMENT OF SECURITY AND MIGRATORY IMPACTS OF VISA LIBERALISATION 

Security impact of visa liberalisation with Kosovo 

Kosovo continues to face major challenges in effectively preventing and combating organised 
crime  and  corruption.  Criminal  activities  such  as  the  trafficking  of  heroin,  cocaine  and 
cannabis, facilitated irregular migration, trafficking in human beings, arms trafficking, as well 
as cigarette and fuel smuggling are widely undertaken.27 The combination of lucrative cross-
border  illicit  activities,  economic  underdevelopment  and  limited  administrative  capacity 
create  considerable  incentives  for  bribery,  money-laundering  and  the  abuse  of  public 
procurement  procedures.  Despite  marginal  improvements  detected  by  the  OECD28  and 
Transparency International29 in 2012, corruption remains a major problem in Kosovo. 

Kosovo has  established a legislative and institutional framework to combat  organised crime 
and corruption, but cooperation between the police, customs and prosecutors in investigating 
and  prosecuting  such  crimes  should  further  improve.  Cooperation  between  the  police  and 
prosecution needs to improve to ensure an increase in the number of prosecutions following 
investigations and to ensure a pro-active approach to fighting serious crime in  line  with the 
strategy and action plan on intelligence-led policing. The investigative capacity of the police 
is adequate, but that of customs should improve. Cooperation between the prosecution and the 
Financial Intelligence Unit (FIU) should improve to ensure a pro-active approach to launching 
investigations  into inexplicable  wealth. The functioning of the FIU and its cooperation  with 
the police improved in 2012. The foundations of a new witness protection programme were 
laid in 2012. 

The resources to implement Kosovo’s anti-drug policy are insufficient, and an intelligence-led 
approach is lacking. Kosovo’s efforts to disrupt the trafficking of heroin from Afghanistan via 
Turkey to EU markets, and the trafficking of cocaine from Latin America via Montenegro and 
Albania to the EU, remain inadequate. Kosovo continues to face difficulties in reducing the 

27 
28 
29 

EUROPOL, EU Organised Crime Threat Assessment, 28 April 2011 
OECD, Support for Improvement in Governance and Management, Kosovo Assessment, March 2012 
In  Transparency  International’s  Corruption  Perception  Index  (CPI),  Kosovo  ranked  lowest  in  the 
Western Balkans in 2010 and 2011, but overtook Albania in 2012. 

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cultivation and trafficking of cannabis to the EU. Drug seizures increased in 2012 but remain 
modest; the judicial follow-up of investigations, inadequate. 

The  legal  and  institutional  framework  against  trafficking  in  human  beings  is  under 
development.  Kosovo  remains  a  place  of  origin  and  transit  for  victims  of  trafficking.  The 
trend of trafficking women to the EU for sexual exploitation continues. Child trafficking for 
the  purpose  of  begging  and  facilitated  irregular  migration,  often  using  forged  or  counterfeit 
documents,  remain  matters  of  serious  concern.  The  trafficking  of  small  arms  and  light 
weapons continues to afflict Kosovo. 

Kosovo has an extensive legislative and institutional framework against corruption. The anti-
corruption agency is in charge of implementing the laws on the declaration of assets and the 
prevention  of  conflicts  of  interest.  However,  its  expertise  in  identifying  and  following  up 
corruption  risks  in  the  public  sector,  including  via  risk  assessments  in  vulnerable  sectors, 
remains limited. Two other anti-corruption bodies have overlapping roles and responsibilities 
in the fight against corruption, which limits their effectiveness in this endeavour. 

Despite  a  modern  public  procurement  law  in  place,  the  abuse  of  public  procurement 
procedures remains a major problem in Kosovo. The law on political party financing does not 
prohibit  donations  from  legal  entities  that  also  provide  goods  and  services  to  the  public 
administration. 

Under  the  current  state  of  legislative  and  institutional  development,  Kosovo’s  capacity  to 
effectively combat organised crime and corruption remains limited, with a potentially severe 
impact on the EU’s internal security. Compared to the threats posed by organised crime and 
corruption, terrorism originating in Kosovo appears to pose a lesser threat to the EU’s internal 
security. 

Kosovo  is  encouraged  to  consider  the  recommendations  set  out  in  this  report  to  limit  the 
threats posed by organised crime and corruption to the EU’s internal security. 

4.2.  Migratory impact of visa liberalisation with Kosovo 

The Commission has continued to monitor the five performance indicators set out in the visa 
roadmap,  namely  the  visa  refusal  rate,  the  rate  of  refused  entry  to  the  Schengen  area,  the 
number  of  illegal  stays  in  EU  Member  States,  the  number  of  asylum  applications  and  the 
number  of  rejected  readmission  applications.  A  substantial  decrease  in  these  performance 
indicators over the course of the visa dialogue will be used as an indicative reference to assess 
the migratory impact of visa liberalisation with Kosovo. 

Between 2010 and 2011, the following trends could be observed: 

– 

– 

– 

– 

– 

The  visa  refusal  rate  for  Kosovo  citizens  showed  considerable  variation  in  the 
Schengen area; 

The  number  of  Kosovo  citizens  refused  entry  to  EU  Member  States  doubled  from 
315 to 645; 

The  number  of  Kosovo  citizens  found  to  be  illegally staying in Member States fell 
from 5,060 to 4,180; 

The number of asylum applications lodged by Kosovo citizens in Member States fell 
from 14,325 to 9,865, while the recognition rate, at 6%, remained fairly stable; 

The number of rejected and pending readmission applications fell from 243 to 199. 

Figures 6.1 to 6.6 in the Annex set out the data underlying these observations: 

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– 

– 

– 

– 

– 

According to current rules, all short-stay visas issued by Member States for Kosovo 
citizens are visas with limited territorial validity (LTV).30 The statistics submitted by 
Member  States  and  Schengen  Associated  States  in  2011  confirmed  considerable 
variation  in  the  Schengen  area:  Switzerland  (16,288),  Germany  (12,526),  Italy 
(7,066)  and  Greece  (4,083)  issued  the  highest  number  of  LTV  visas  for  Kosovo 
citizens; 

The number of Kosovo citizens refused entry to EU Member States increased from 
315 to 645 between 2010 and 2011, driven by higher figures in France and Hungary; 

The  number  of  Kosovo  citizens  found  to  be  illegally staying in Member States fell 
from 5,060 to 4,180 between 2010 and 2011. Germany, France, Austria, Sweden and 
Switzerland reported the highest number of illegal stays by Kosovo citizens; 

The number of asylum applications lodged by Kosovo citizens in Member States fell 
from 14,325 to 9,865 between 2010 and 2011. France, Belgium, Germany, Sweden 
and Switzerland continued to receive the highest number of asylum applications from 
Kosovo.  The  recognition  rate  of  asylum  applications,  at  first  instance,  remained 
fairly stable at 5.7% and 6% in 2010 and 2011, respectively, indicating that Member 
States still granted a form of international protection to applicants from Kosovo; 

The number of rejected readmission applications fell from 243 to 199 between 2010 
and 2011.31 The number of pending readmission applications also fell from 1,572 to 
903 between 2010 and 2011. Germany and Belgium continued to report the highest 
number of rejected and pending readmission applications from Kosovo. 

Kosovo is encouraged to consider the set of recommendations set out in this report so as to 
mitigate the potential migratory impact on the EU of a visa-free regime with Kosovo. 

5. 

RECOMMENDATIONS FOR KOSOVO 

Building  upon  the  assessment  in  the  previous  chapters  on  the  progress  made  by  Kosovo  in 
fulfilling  the  requirements  of  the  visa  liberalisation  roadmap  and  without  prejudice  to  EU 
Member States’ position on status, the Commission recommends that the Kosovo authorities 
take appropriate action in the following areas: 

5.1. 

Readmission 

– 

– 

– 

– 

30 

31 

Readmit  from  all  EU  Member  States  Kosovo  citizens,  third-country  nationals  and 
stateless persons who no longer fulfil the conditions of entry and stay in those states; 

Implement the readmission law; 

Continue negotiating readmission agreements with interested Member States and the 
main transit countries and countries of origin of irregular migration to Kosovo; 

Reduce the number of pending readmission requests from all Member States, in line 
with the provisions of the readmission law or bilateral readmission agreements; 

A short stay visa with limited territorial validity (‘LTV’) entitles the holder to stay only in the Member 
State(s)  for  which  the  visa  is  valid.  A  LTV  visa  may  be  issued  in  cases  where  the  traveller  does  not 
fulfil all the entry conditions, when at least one Member State does not recognise the travel document 
on which the visa will be affixed or when, for reasons of urgency, a visa is issued without carrying out, 
when applicable, the prior consultation. 
The  sample  of  Member  States  and  Schengen Associated States,  as  set out  in Figure  6.6,  included  the 
following:  Belgium,  Bulgaria,  the  Czech  Republic,  Germany,  Greece,  France,  Italy,  Hungary,  the 
Netherlands, Austria, Slovenia, Slovakia, Sweden, Norway and Switzerland.  

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– 

– 

Improve data exchange with Member State authorities concerning the special needs 
of returnees, including victims of human trafficking; 

Corroborate domestic readmission statistics with those from EU Member States; 

5.2. 

Reintegration 

– 

– 

– 

– 

– 

– 

Commit and disburse the reintegration fund; 

Supply transparent financial data on commitments and payments from this fund; 

Shift  the  focus  of  the  reintegration  programme  from  emergency  to  sustainable 
reintegration services; 

Increase the number of beneficiaries from the reintegration programme; 

Enhance the role of regional coordinators and municipal reintegration committees in 
financial decision-making; 

Set up a case management system to track returnees’ access to reintegration services; 

5.3. 

Document security 

– 

– 

– 

– 

– 

Amend  the  law  on  personal  names  to  permit  name  registrations  in  the  Cyrillic 
alphabet;  ensure  the  strict  application  of  this  law  to  eliminate  fraudulent  name 
changes; verify the identity of all applicants for name changes; 

Amend the secondary legislation on applications for travel documents to ensure that 
fingerprints are taken from all applicants above the age of twelve; 

Ensure  the  production  and  issuance  of  biometric  identity  cards  in  full  compliance 
with International Civil Aviation Organisation (ICAO) standards; 

Put into use the new civil status system; ensure the reliability of the single civil status 
central registry by improving data quality; updating, cross-referencing and matching 
all  data  entries;  eliminating  inconsistencies  between  databases;  and  strengthening 
audit procedures; 

Ensure  the  integrity  of  the  civil  registration  process  by  investigating  all  corruption 
cases;  implement  the  code  of  ethics;  vet  and  train  all  staff  at  the  civil  registration 
agency, municipal civil status offices and municipal civil registration centres; 

5.4. 

Border/boundary management 

– 

– 

– 

– 

– 

– 

Draft a law on inter-agency cooperation that defines the roles and responsibilities of 
all public authorities involved in integrated border/boundary management; 

Amend the definitions and corresponding provisions of the law on border control and 
surveillance and secondary legislation in line with the Schengen Borders Code; 

Ensure the operation of the border management system; 

Conclude  agreements  in  law  enforcement  cooperation  with  all  neighbouring 
countries, including operational cooperation and information sharing for the purpose 
of preventing and combating irregular migration and cross-border crime; 

Amend the IBM strategy on the basis of the 2006 Council Conclusions, the Schengen 
Borders Code and the Schengen Catalogue to cover all key elements of IBM; 

In line with the IBM Agreed Conclusions of 2 December 2011 and in a coordinated 
manner establish the interim and permanent crossing points as scheduled; implement 

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the provisions on law enforcement information exchange, mutual legal assistance and 
customs information exchange; exchange a liaison person with Serbia; 

– 

– 

In coordination with Montenegro, delineate the mutual border; 

Explore modalities of cooperation with FRONTEX; 

5.5.  Migration management 

– 

– 

– 

– 

– 

– 

Amend  the  list  of  entry  conditions  and  transport  carriers’  obligations  in  the  law  on 
foreigners and the law on border control and surveillance in line with the Schengen 
Borders Code; 

Amend  the  law  on  foreigners,  the  law  on  border  control  and  surveillance  and  the 
corresponding  secondary  legislation  so  that  visa  issuance  at  border/boundary-
crossing points is in line with the Visa Code; 

Harmonise the provisions of the law on foreigners and the law on granting a permit 
for work and employment on work permits and stay permits; 

Amend the law on foreigners so that is provisions meet the essential elements of the 
EU acquis on legal and irregular migration; 

In  line  with  the  data  protection  law,  amend  the  law  on  foreigners  to  regulate 
authorities’ processing of, access to and sharing of data on migration and asylum; 

Complete the new migration strategy involving all competent stakeholders, including 
by developing a migration profile for Kosovo; 

5.6. 

Asylum 

– 

– 

– 

Amend  the  law  on  asylum  so  that  its  provisions  comply  with  essential  elements  of 
the EU acquis on asylum and the Geneva Convention; 

Investigate  allegations  of  corruption  in  the  management  of  asylum  facilities  and 
rental accommodation for returnees; 

Explore modalities of cooperation with EASO; 

5.7. 

Preventing and combating organised crime, corruption and terrorism 

– 

– 

– 

– 

– 

– 

Implement  the  reform  of  the  criminal  justice  system  in  a  manner  that  improves  the 
independence,  effectiveness,  accountability  and  impartiality  of  the  judiciary, 
including by devoting sufficient resources to operating the new court system; 

Prevent  political  interference  in  the  investigation,  prosecution  and  adjudication  of 
crimes;  ensure  the  transparent  recruitment,  vetting  and  appointment  of  judges  and 
prosecutors; enforce disciplinary action in all corruption cases in the judiciary; 

Reduce the backlog of pending court cases; 

Clarify the provisions of the criminal code concerning corruption offences; align its 
provisions on the expulsion of foreigners with the law on foreigners; incorporate in 
the provisions on criminal records information exchange with third countries; 

Clarify several provisions of the code of criminal procedure, including its transitional 
provisions  and  those  on  pre-trial  witness  testimony  so  as  not  to  curtail  the 
admissibility of evidence; 

Consider conducting a general review of the functioning of the restructured criminal 
justice  system  in  the  second  half  of  2013,  including  an  assessment  of  the 

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implementation  of  the  new  law  on  courts,  the  new  law  on  prosecution,  the  new 
criminal code and the new code of criminal procedure; 

Establish  a  track  record  of  investigations,  prosecutions  and  final  court  rulings  in 
cases  concerning  organised  crime  and  corruption,  including  drug  trafficking, 
trafficking in human beings, arms trafficking and money-laundering; 

Maintain the exclusive and subsidiary competences of the Special Prosecution; 

Consider  future  amendments  to  the  legislation  on  the  prevention  of  money-
laundering and terrorist financing on specialised training and statistical indicators; 

Adopt the draft law establishing extended powers for the confiscation of assets; 

Draft a law on trafficking in human beings; 

Implement the law on public procurement; 

Amend  the  law  on  political  party  financing  in  a  manner  that  strictly  regulates 
donation rules and clarifies the reporting obligations of political parties; 

Adopt  the  secondary  legislation  necessary  for  implementing  the  law  on  the  police 
and the law on the police inspectorate; 

Ensure  that  future  legislation  on  interception  distinguishes  clearly  between  judicial 
interception  and  interception  for  intelligence  services,  in  line  with  European  best 
practices,  while  the  provisions  on  data  retention  for  law  enforcement  purposes 
comply with the EU acquis on data retention; 

Adopt  the  secondary  legislation  necessary  for  implementing  the  law  on  witness 
protection; implement the international agreement for witness relocation;  

Clarify the roles and responsibilities of all anti-corruption bodies in Kosovo; consider 
whether  additional  resources  are  necessary  for  the  anti-corruption  agency  to 
discharge its duties; 

Implement  all  strategies  and  action  plans  in  the  field  of  public  order  and  security, 
including the new strategies and action plan against organised crime and corruption; 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

5.8. 

Law enforcement cooperation 

– 

– 

– 

– 

Conclude  law  enforcement  cooperation  agreements  with  interested  neighbouring 
countries and EU Member States, potentially covering the exchange of strategic and 
operational data, including criminal records, in line with data protection rules; 

Step  up  operational  law  enforcement  cooperation  with  interested  neighbouring 
countries and EU Member States; 

Consider  concluding  a  technical  arrangement  with  EULEX  on  the  exchange  of 
criminal information and intelligence; 

Explore  modalities  of  cooperation  with  EUROPOL,  INTERPOL  and  regional  law 
enforcement cooperation organisations; 

5.9. 

Judicial cooperation in criminal matters 

– 

– 

Amend the law on international legal cooperation in line with the relevant EU acquis 
and  Council  of  Europe  conventions;  consider  ratifying  all  the  relevant  Council  of 
Europe conventions in the area of mutual legal assistance in criminal matters; 

Conclude agreements on mutual legal assistance in criminal matters with interested 
neighbouring statues and EU Member States; 

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– 

Explore modalities of cooperation with EUROJUST; 

5.10.  Data protection 

– 

– 

– 

– 

Clarify the scope of restrictions applying to data subjects’ right of access to and their 
right to supplement, correct or delete personal data; 

Implement the data protection law and its secondary legislation; 

Implement the provisions of the data protection law guaranteeing the independence 
of the chief supervisor of the data protection agency; 

Ensure  that  the  data  protection  agency  is  consulted  on  all  future  draft  legislation 
concerning the processing of personal data; 

5.11. 

Fundamental rights related to the freedom of movement 

– 

– 

– 

– 

– 

– 

– 

Amend the anti-discrimination law to strengthen its sanction mechanism; enforce the 
anti-discrimination  framework  for  women,  members  of  the  LGBT  community  and 
people with disabilities; 

Amend the law on foreigners to enhance the socio-economic integration of refugees; 
amend the law on citizenship to ease refugees’ acquisition of citizenship; 

Draft a new strategy and action plan on human and fundamental rights; 

Implement and enforce the strategy and action plan on the integration of the Roma, 
Ashkali and Egyptian minorities; 

Implement in coordination with Serbia the agreement on the freedom of movement; 

Investigate and prosecute all ethnically-motivated crimes; 

Ensure the functioning of municipal community safety councils throughout Kosovo. 

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6. 

6.1. 

STATISTICS 

Applications for short-term Schengen visas in Prishtinë/Prishtina, Kosovo, 2010-2011 

0
1
0
2

Year  Visa category 
A visas issued 
B visas issued 
C visas issued (MEV included) 
Multiple C visas issued 
C visas applied for 
Total A, B, C visas issued 
Total A, B, C visas applied for 
Total A, B, C visas not issued 
Not issued rate for A, B, C visas 
Total LTV visas issued 
D visas issued 
“D+C” visas issued 
Total A, B, C, LTV, D, “D+C” visas issued 
Rate LTV visas issued / B+C visas issued 
A visas issued 
C visas issued (MEV included) 
Multiple C visas issued 
C visas applied for 
C visas not issued 
Total A, C visas issued 
Total A, C visas applied for 
Total A, C visas not issued 
Not issued rate for A, C visas 
Total LTV visas issued 
Total A, C, LTV visas issued 
Rate LTV visas issued / C visas issued 

1
1
0
2

Belgium  Germany  Greece 
- 
1 
2,128 
726 
2,942 
2,129 
2,945 
816 
27.71% 
5 
135 
- 
2,269 
0.23% 
0 
1,647 
436 
2,735 
1,088 
1,647 
2,735 
1,088 
39.78% 
- 
1,647 
0.00% 

0 
1 
13,283 
1,214 
17,079 
13,284 
17,080 
3,796 
22.22% 
11,629 
3,585 
- 
28,498 
87.54% 
0 
1,281 
1,063 
6,170 
4,889 
1,281 
6,170 
4,889 
79.24% 
12,526 
13,807 
977.83% 

Hungary 
- 
- 
10 
19 
2,767 
5,099 
1,834 
- 
3,968 
5,477 
2,777 
5,118 
3,981 
5,496 
1,175 
378 
29.52% 
6.88% 
8 
3,749 
160 
39 
- 
- 
2,945 
8,906 
0.29% 
73.25% 
0 
0 
2,937 
565 
1,786 
190 
4,152 
725 
1,215 
160 
2,937 
565 
4,152 
725 
1,215 
160 
29.26% 
22.07% 
1 
4,083 
4,648 
2,938 
722.65%  10,985.71%  0.03% 

Finland 
- 
- 
17 
52 
742 
17 
742 
725 
97.71% 
563 
- 
- 
580 
3311.76% 
0 
7 
92 
916 
909 
7 
916 
909 
99.24% 
769 
776 

- 
- 
3,147 
- 
4,668 
3,147 
4,668 
1,521 

0 
34 
29,811 
8,734 
39,746 
29,845 
39,784 
9,910 

Slovenia Switzerland  Norway  Total 
Italy 
- 
- 
1 
2 
2,493 
345 
2,482 
2,357 
3,073 
1,038 
2,494 
347 
3,073 
1,040 
579 
693 
18.84%  32.58% 
66.63% 
12,305 
3 
4,301 
2,481 
35 
3,087 
3 
- 
- 
17,936 
7,735 
2,532 
391.01% 
1239.48%  0.12% 
0 
0 
0 
2,804 
416 
258 
2,790 
174 
258 
3,884 
5,099 
2,037 
1,080 
4,683 
1,779 
2,804 
416 
258 
3,884 
5,099 
2,037 
1,080 
1,779 
4,683 
27.81%  91.84% 
87.33% 
16,288 
- 
7,066 
16,684 
7,324 
2,804 
3910,58% 
2,738.76% 0.00% 

0 
0 
532 
69 
759 
532 
759 
227 
29.91%  24.91% 
33,082 
519 
9,539 
17 
3 
0 
1,068 
72,469 
97.56%  110.8% 
0 
0 
10,552 
637 
6,890 
101 
26,538 
820 
15,986 
183 
10,552 
637 
26,538 
820 
183 
15,986 
22.32%  60.2% 
41,343 
630 
1,267 
51,895 
98.90%  391.8% 

Source: European Commission, Directorate-General for Home Affairs 

EN 

25 

EN 

 
  
 
 
6.2. 

Kosovo citizens refused entry at the Schengen external borders, 2009-2011 

Member State or Associated State 

2009 

2010 

2011

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Ireland 

Greece 

Spain 

France 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

Iceland 

Liechtenstein 

Norway 

Switzerland 

Total (EU-27) 

Average (EU-27) 

Standard deviation (EU-27) 

Source: EUROSTAT and DG Home Affairs calculation 

0 

45 

5 

0 

45 

0 

5 

140 

0 

70 

0 

0 

0 

0 

0 

5 

0 

5 

15 

0 

0 

0 

0 

0 

0 

0 

50 

0 

10 

0 

40 

385 

14 

31 

5 

70 

0 

0 

60 

0 

0 

90 

0 

30 

20 

0 

0 

0 

- 

10 

0 

0 

10 

0 

0 

- 

0 

0 

0 

0 

20 

- 

5 

0 

45 

315 

13 

24 

40

50

5

0

50

0

5

75

0

280

35

0

0

0

0

85

0

5

15

0

0

0

0

0

0

0

0

-

0

0

45

645

24

56

EN 

26 

   EN 

 
6.3. 

Kosovo citizens found to be illegally present in EU Member States, 2009-2011 

Member State or Associated State 

2009

2010 

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Ireland 

Greece 

Spain 

France 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

Iceland 

Liechtenstein 

Norway 

Switzerland 

Total (EU-27) 

Average (EU-27) 

Standard deviation (EU-27) 

Source: EUROSTAT and DG Home Affairs calculation 

75

10

10

0

90 

20 

15 

5 

2011

250

5

20

0

1,605

1,935 

1,715

0

50

45

0

835

5

0

0

0

75

20

0

25

0 

35 

30 

0 

575 

40 

0 

0 

0 

80 

20 

0 

20 

1,390

740 

0

0

0

0

0

250

-

185

0

-

0

0

4,580

176

417

5 

0 

0 

0 

0 

0 

1,335 

115 

- 

0 

- 

0 

5,060 

187 

451 

0

15

25

0

630

15

0

0

0

-

50

0

20

530

10

0

0

0

0

0

810

85

-

-

0

1,285

4,180

161

376

EN 

27 

   EN 

 
6.4. 

Asylum applications lodged by Kosovo citizens, 2009-2011 

Member State or Associated State 

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Ireland 

Greece 

Spain 

France 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

Iceland 

Liechtenstein 

Norway 

Switzerland 

Total (EU-27) 

Average (EU-27) 

Standard deviation (EU-27) 

Source: EUROSTAT and DG Home Affairs calculation 

2009

2,515

0

20

120

1,900

0

30

10

0

4,580

290

0

0

0

130

1,785

0

45

1,305

0

0

0

30

0

240

1,235

40

0

5

0

695

14,275

529

1,053

2010 

3,230 

0 

5 

160 

2,205 

0 

15 

0 

0 

2011

2,320

0

5

135

1,885

0

10

0

0

5,285 

300 

3,240

110

0 

0 

0 

160 

380 

0 

60 

610 

0 

0 

0 

20 

0 

140 

1,715 

40 

0 

5 

245 

600 

14,325 

531 

1,206 

0

0

0

140

210

0

30

340

0

0

0

20

0

75

1,320

25

0

20

145

660

9,865

365

812

EN 

28 

   EN 

 
6.5. 

First instance decisions on asylum applications lodged by Kosovo citizens, 2009-
2011 

Member State or  
Associated State 

Total decisions 

Positive decisions 

Recognition rate 

2009 

2010 

2011 

2009  2010  2011 

2009 

2010 

2011 

Belgium 
Bulgaria 
Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United Kingdom 
Iceland 
Liechtenstein 
Norway 
Switzerland 

Total (EU-27) 

Average (EU-27) 
Standard deviation (EU-27) 

1,065
0
20
70
1,355
0
30
0
0
2,460
255
0
0
0
-
650
0
25
1,115
0
0
0
25
0
85
1,300
45
-
5
0
245

1,820
0
10
150
2,255
0
15
0
0
3,480
335
0
0
0
90
85
0
55
665
0
0
0
25
0
215
975
40
0
0
245
370

2,760
0
0
140
1.850
0
10
0
0
3.395
220
0
0
0
90
135
0
35
365
0
0
0
20
0
85
1.200
20
0
5
125
255

8,500 10,215 10,325

315
602

378
822

382
867

115
0
5
15
75
0
0
0
0
110
75
0
0
0
-
0
0
5
80
0
0
0
10
0
10
105
15
-
0
0
45

620

23
39

140
0
0
35
90
0
0
0
0
105
80
0
0
0
5
0
0
0
70
0
0
0
0
0
15
35
5
0
0
0
80

580

21
39

Source: DG HOME calculation based on EUROSTAT data 

0
0

7.7% 
0 
0 

0 
0 
0 
0 
0 
0 
20 

4% 
0 
0 
0 
0 
3% 

5.5% 
0 
0 
0 
0 
4.5% 

240 10.8% 
0 
25% 

8.7%
0
0
25 21.4%  23.3%  17.9%
2.7%
50
0
0
0
0
0
0
0
0
2.9%
100
95 29.4%  23.9%  43.2%
0
0
0
5.6%
0
0
0
9.6%
0
0
0
0
0
5.9%
4.2%
50%
0
0
0
55 18.4%  21.6%  21.6%

0 
0 
0 
5.6% 
0 
0 
0 
7.2%  10.5% 
0 
0 
0 
0 
0 
7% 
50
3.6% 
10 33.3%  12.5% 
0 
0 
0 
0 
0 
0 

0
0
0
5
0
0
0
35
0 
0
0 
0
0 
0
40% 
0
0 
0
5 11.8% 
8.1% 

0
0
0

615

7.3% 

5.7% 

6%

23
51

EN 

29 

   EN 

 
 
 
 
 
6.6. 

Readmission applications processed by Kosovo, 2009-2011 

Year  Member State or Associated State 

Total readmission applications 

Rejected applications 

Pending applications 

Returns 

9
0
0
2

0
1
0
2

Belgium
Bulgaria 

Germany 

France 

Italy 

Hungary 

Austria 

Slovenia 

Slovakia 

Norway 

Switzerland 

Total 

Belgium
Bulgaria 

Czech Republic 

Germany 

France 

Italy 

Hungary 

Austria 

Slovenia 

Slovakia 

Norway 

Switzerland 

Total 

58
0 

2,385 

500 

80 

- 

- 

85 

0 

- 

403 

3,511 

61
0 

7 

2,339 

522 

65 

- 

- 

68 

0 

- 

419 

3,481 

12 
0 

91 

24 

- 

- 

- 

- 

0 

- 

35 

162 

3 
0 

0 

197 

21 

- 

- 

- 

- 

0 

- 

22 

243 

14
0 

1,753 

0 

3 

10 

0 

0 

1,780 

18
0 

0 

1,536 

4 

1 

13 

0 

0 

1,572 

32 
0 

541 

476 

77 

133 

234 

75 

0 

125 

368 

2,061 

40 
0 

7 

606 

497 

64 

60 

253 

55 

0 

103 

397 

2,082 

EN 

30 

EN 

 
  
 
 
 
 
 
 
 
 
Year  Member State or Associated State 

Total readmission applications 

Rejected applications 

Pending applications 

Returns 

1
1
0
2

Belgium
Bulgaria 

Czech Republic 

Germany 

France 

Italy 

Hungary 

Austria 

Slovenia 

Slovakia 

Norway 

Switzerland 

Total 

Belgium
Germany 

Greece 

France 

Italy 

Hungary 

Netherlands 

2
1
0
2

Austria 

Slovenia 

Sweden  

Norway 

Switzerland 

Total 

365
0 

1 

1,483 

372 

77 

- 

- 

35 

0 

- 

259 

2,592 

355
691 

21 

226 

39 

- 

18 

- 

15 

489 

- 

225 

2,079 

17 
0 

0 

155 

9 

- 

- 

- 

- 

0 

- 

18 

199 

14 
80 

0 

10 

- 

- 

1 

- 

- 

15 

- 

11 

131 

50
0 

0 

832 

9 

2 

10 

0 

0 

903 

104
302 

0 

8 

0 

7 

8 

0 

0 

298 
0 

1 

496 

354 

75 

62 

140 

25 

0 

100 

241 

1,792 

237 
309 

21 

208 

39 

64 

10 

94 

7 

474 

50 

214 

429 

1,253 

Source: EU Member States and Associated States 

EN 

31 

EN