REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL First Progress Report on the implementation by Georgia of the Action Plan on Visa Liberalisation
Date: 2013-11-15
Institutions: European Commission
Subjects: EU visa policy, Georgia, data protection, judicial cooperation, migration control, police cooperation













EUR-Lex - 52013DC0808 - EN











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52013DC0808

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL First Progress Report on the implementation by Georgia of the Action Plan on Visa Liberalisation /* COM/2013/0808 final */









1.
Background
The
Visa Liberalisation Dialogue between the European Union (hereinafter the EU)
and Georgia, aiming at examining all the relevant conditions for visa-free
travel of citizens of Georgia to the EU, was launched in Brussels on 4 June
2012. On 15 October 2012, the Council reaffirmed the EU’s commitment to 'the
shared objective of visa free travel in due course, provided that the
conditions for well managed and secure mobility are in place'.[1] On
25 February 2013 in Tbilisi, Georgia, the European Commission (hereinafter the
Commission) presented to the Georgian authorities the Action Plan on Visa
Liberalisation (hereinafter the VLAP). 
The
VLAP is structured around four blocks, namely (1) Document security, including
biometrics; (2) Integrated border management, migration management, asylum; (3)
Public order and security; and (4) External relations and fundamental rights.
It contains two tiers of benchmarks: preliminary benchmarks concerning the
overall policy framework (legislation and planning), which are to pave the way
for meeting more specific benchmarks (effective and sustainable implementation
of relevant measures). 
On 20
March 2013, during the Senior Officials Meeting overseeing the Visa
Liberalisation Dialogue, the Georgian authorities presented the measures that
had already been undertaken in order to implement the VLAP and explained the
next steps. On 5 April, Georgia submitted its first progress report, which was
subsequently updated and resubmitted on 8 May. Following a preliminary assessment,
on 19 June, the Commission sent to the Georgian authorities written comments on
the structure and content of the progress report, highlighting the need to
provide all relevant laws and policy documents. On 31 July, Georgia submitted a
substantially revised version with the requested editorial changes and
content-related clarifications, and a large number of laws and policy
documents. 
On
9-11 October, an on-site evaluation involving experts from the European
Commission, EU Member States and the EU Delegation to Georgia took place in
Tbilisi. The evaluation mission focused on the blocks the implementation of
which was considered to be the most advanced, namely Block 1 and Block 2.
2.
Methodology
In line
with the methodology outlined in the VLAP, the Commission is to communicate to
the European Parliament and to the Council on the implementation of the VLAP by
Georgia. This report is the first such communication. 
The
factual information included in the report is based on the progress report
submitted by Georgia on 31 July 2013, subsequent updates received by the
Commission as well as the information communicated during the EU evaluation
mission. 
The
assessment has been based on the desk-work carried out by the services of the
Commission and the European External Action Service, including the EU
Delegation to Georgia. In addition, Block 1 and Block 2 benchmarks were
assessed on-site by Commission officials and national experts during the
evaluation mission in October 2013. Accordingly, the Block 1 and Block 2
benchmarks are evaluated in detail, whereas the assessment of the Block 3 and
Block 4 benchmarks is a preliminary one and will be further developed during
evaluation missions that will be organised once the implementation of those
benchmarks is at a more advanced stage. 
The
report follows the VLAP structure. Under the sections corresponding to
individual VLAP blocks, the report lists all the relevant benchmarks from the
first (legislative and planning) phase. It describes the state of their
implementation and, where possible, considering the advancement of the
implementation and available information, provides recommendations to the
Georgian authorities. The concluding section of the report presents an overall
assessment and outlines next steps. 
3. Block
1: Document security, including biometrics
Consolidation
of the legal and institutional framework ensuring the integrity and security of
the civil status and civil registration process, including the registration of
all Georgian citizens in a unified and secure electronic population registry,
with adequate safeguards as far as highest data protection standards are
concerned; 
The
Public Service Development Agency (hereinafter the PSDA) of the Ministry of
Justice is the main body responsible for civil registration and issuance of
identity and travel documents. The PSDA provides services through its 65
regional offices.  
A
unified database for civil registration and travel documents has been in place
since 2005. The digitalisation of the civil act records started in 2007, but an
important number of civil acts still needs to be digitalised. In 2008, the
automatisation of the entire process for civil registration was introduced.
Also since 2008, a face recognition system is operational, with approximately 11
million photos being stored in the database at present. 
Since
1994, a personal identification number (hereinafter PIN) has been assigned to
every person receiving an ID or a passport. Since 2008, the PIN is registered
in the database at the time of birth registration or, for the citizens born
before 2008, at the time of obtaining an identity card or a passport, or
registering at the place of residence. A search in the database can be
conducted on the basis of the PIN, first name, surname, date of birth, or the
photo.
The law
specifies conditions that need to be met for the surname to be changed.
However, there is no limitation concerning the change of the first name, which
results in the change of one's identity and, accordingly, the issuance of a new
passport or a travel document. Although the PIN remains unchanged this is
relevant for national authorities only as the EU Member States do not have
access to the personal data linked to the PIN while performing external border
crossing controls. 
The
legal acts on the organisation of different processes related to civil
registration, including Order no 98 of 27 July 2011, separate the tasks between
the front- and the back office. A number of quality control mechanisms are in
place, including software that assigns files to staff in the back office at
random, reducing the possibilities of corruption and fraud. For the same
purpose every action is logged and traceable in the system. 
The
Law on Personal Data Protection laying down basic definitions and principles
has been in force since May 2012. The Personal Data Protection Inspector was
appointed in June 2013. At the Inspector's initiative, experts are currently
looking into the possibility of improving further the existing legal framework.[2] Therefore, the
complete assessment of the relevant personal data protection provisions will be
carried out at a later stage.
Consolidation
of the legal and institutional framework for the issuing of machine readable
biometric passports in full compliance with the highest ICAO standards and
recommended practices on the basis of secure identity management (civil
registry and breeder documents), according to the one person one document
principle, including as regards diplomatic and service passports;
Georgia
currently issues two types of passports,
namely a non-biometric machine readable passport (since 2006) and a biometric
passport (since 2010), which was introduced with EU financial support. The
first type is primarily issued in the consulates; the second
is delivered within the territory of Georgia. 
At
present, it is not possible to assess the legal framework concerning the
collection of fingerprints and the related exemptions as the necessary legal
instrument still needs to be provided by the Georgian authorities[3]. The extension
of validity of passports is no longer allowed; the relevant provisions were
abolished in 2005 and, according to the Georgian authorities, the new
provisions are laid down in a decree.[4]
According to the Georgian authorities, the principle of "one person, one
document" is laid down in a 2012 PSDA order.[5] The conditions
under which a person is authorised to hold more than one passport will be
specified in a law which is foreseen to be adopted in November 2013. 
Reporting
to the Interpol database on lost and stolen passports is done as a regular and
standard practice. 
For
persons residing in Abkhazia and South Ossetia (Tskhinvali region) 233 neutral
status identity cards and 29 neutral status travel documents have been issued
so far.[6]

Adoption
of a clear timeframe for the complete roll-out of biometric passports,
including at Georgia's consulates abroad, and for the complete phasing out of
old non-ICAO compliant passports;
Adoption
of the legal framework regulating the rolling-out of biometric passports in
consulates, together with the plan for phasing out non-biometric passports, is
foreseen in November 2013. 
Adoption
of an ethical code and training programmes on anti-corruption, secure
management of personal documents and data protection for officials of public
authorities that deal with passports, identity cards and other breeder
documents;
The
legal framework for the fight against corruption in the field of document
security is largely in place. The applicable legal provisions entered into
force in 2008; they are currently being redrafted and are expected to be
adopted by the end of 2013.  
Although
there are no specific training programmes focusing on the prevention of and
fight against corruption, the PSDA provides internal training seminars twice a
year. Also, there is an audit service that is responsible for investigating
breaches of substantive and procedural law, and for investigation of
corruption. The audit service reports directly to the head of the PSDA.  
On the
basis of the above findings, it is recommended that, in relation to the Block 1
benchmarks, the Georgian authorities: 
·       
adopt
the law related to the rolling-out of biometric passports in consulates, the
plan for phasing out non-biometric passports, and the provisions for obtaining
a second passport;
·       
adopt
the code of conduct for officials working in the PSDA;
·       
establish
the plan for the complete digitalisation of the civil status registries with an
indicative timeframe;
·       
consider
further the issue of the changing of the first name; 
·       
provide
all the relevant legal instruments concerning the capture and storage of
fingerprints, the prohibition of passport extension, and the implementation of
the "one person one document" principle; 
·       
provide
information about the possible amendments concerning the personal data
protection regime relevant to Block 1 benchmarks.
4.
Block 2: Integrated Border Management, Migration Management, Asylum 
4.1.
Integrated Border Management 
Consolidation
of the legal and institutional framework for border management, according to EU
and international standards, guaranteeing also an efficient inter-agency
cooperation between all the agencies involved in border management, in
particular the Patrol Police Department, the Border Police and the Border
Police Coast Guard;
During
the past few years, Georgia has managed to transform its former military-based
system for border protection into a law enforcement system based on the
European model. The legal and institutional framework is in place. The relevant
legal rules are laid down in the Constitution, international and bilateral
agreements, the 1998 Law on State Border of Georgia, the 2013 Law on Police,[7] the 2006 Law
on Border Police, the 1998 Law on Maritime Space, the 1997 Law on Defence, Presidential
decrees (e.g. the 1999 Decree on Rules Governing Border Regime and Protection,
the 2008 Decree on Integrated Border Management Strategy of Georgia, etc.), the
2012 Order of the Minister of Internal Affairs on Regulation on Border
Representatives – Border Commissioners, the 2013 Law on International Law
Enforcement Cooperation, and various joint orders, agreements and standard
operational procedures.  
The
reform of the institutional framework started already in 2004. As a result, the
Border Police Department and the Patrol Police Department of the Ministry of
Internal Affairs, and the Revenue Service of the Ministry of Finance, have
become responsible for the implementation of the integrated border management
of Georgia. 
Inter-agency
cooperation is comprehensively regulated, including by the 2010 Joint Order of
the Ministers of Internal Affairs and the Finance on tasks and competencies,
the 2010 Joint Order of Ministers of Justice, Foreign Affairs and Internal
Affairs of Georgia on the exchange of information, and the 2013 Memorandum
of Mutual Understanding between Ministries of Internal Affairs and Finance on
general rules of cooperation on the issues of state border defense between the
Patrol Police Department, Border Police Department of the Ministry of Internal
Affairs, and the Revenue Service of Ministry of Finance.
The
demarcation of state borders is progressing. The border with Turkey is already
fully demarcated and State Border Delimitation Commissions have been set up for
borders with other neighbouring countries. 71% of the borders with Armenia and
66% of those with Azerbaijan have been already agreed. 86% of the border with
Russia has been agreed at the level of the Delimitation Commissions and Expert
Groups, but the work stopped as a result of the 2008 military conflict. 
The
borders with Turkey, Armenia and Azerbaijan are controlled. The border with
Russia is only partly monitored; the border in the two occupied
territories—South Ossetia[8]
and Abkhazia[9]—is
not controlled by the Georgian authorities. 
Adoption
of the national Integrated Border Management (IBM) Strategy and Action Plan,
containing a timeframe and specific objectives for the further development of
legislation, organisation, infrastructure, equipment, sufficient human and
financial resources in the area of border management, as well as international
cooperation;
Adopted
in 2008 and amended in 2012 with the UE support, the Integrated Border
Management Strategy (hereinafter IBMS) is based on the Integrated Border
Management model. The Strategy sets targets that are to be achieved during the
period of 2008-2013. Following the approval of the Strategy, the Inter-agency
Working Group elaborated an IBMS Action Plan, which was approved in 2009. The
Georgian IBMS is very comprehensive; the IBMS and the Action Plan set attainable
goals, clearly assign responsibilities, and ensure the necessary supervision.
The IBMS and the Action Plan focus on capacity building and inter-agency
cooperation. 
Georgia
is engaged in international cooperation in the area of border management. It
collaborates with EU Member States,[10]
other countries and international organisations. Regional cooperation
is very advanced with Turkey. A Draft Agreement on Border
Commissioners activities has been presented to Azerbaijan and the cooperation
with the Border Agency of Armenia has recently intensified.[11] A legal
framework for collaboration with Russia is also in place. 
Adoption
of an ethical code and training programmes, including on anti-corruption and
the fight against organised crime, respect for human rights, asylum procedures
and anti-trafficking measures specifically targeting border guards, customs and
any other officials involved in border management and/or surveillance;
In May
2013, the Ministry of Internal Affairs (hereinafter MoIA) adopted the Police
Code of Ethics which also applies to Border Police and Patrol Police. In April
2013, the Director General of the Revenue Service of Georgia adopted the Code
of Ethics and Conduct of Georgian Customs Officers. In addition, in May 2013,
the MoIA adopted separate instructions for the employees of the Border Police,
Patrol Police and officials working at the border crossing. The instructions
relate to human rights and emphasise employees' obligations when encountering
bribery, cases of organised crime, etc. 
The
Ministry of Internal Affairs Academy (hereinafter the MoIA Academy) is
responsible for providing basic training courses for recruits, re-training
courses and promotion courses. It also delivers basic training for Customs
recruits and specialised training for Customs employees (e.g. inspection of
travel documents).
Curricula
of the training for Border Police and Patrol Police officers are based on the
recommendations of EU- and US experts. The FRONTEX Common Core Curriculum is
included in the training curriculum of the MoIA Academy. Basic training is a
combination of theoretical and practical sessions. Specialised, ad hoc training
is provided on subjects such as border control management, irregular migration
and organised crime, trafficking, corruption, and forged documents. The MoIA
Academy also offers courses on the Police Code of Ethics and Public-oriented
Police, which cover relations with national, racial and religious minorities.
In order to support on-the-job training, the Academy has created mobile
training units. 
From
the beginning of 2013, the basic training courses for the officers of Patrol
Police and Border Police have been extended in duration.[12] In addition,
a number of new subjects has recently been introduced (e.g. malfeasance and
misuse of authority, police and media, and trafficking in human beings, and
drugs) and certain advanced training courses have been increased (e.g. for
Border Police, human rights protection, fighting organised crime, asylum
seekers and refugees, and corruption and malfeasance in office).
On the
basis of the above findings, it is recommended that, in relation to integrated
border management benchmarks, the Georgian authorities:
·       
establish
a new multi-annual IBMS and accompanying Action Plan covering the post-2013 period
in order to further build on the work done so far. The future IBMS should have
a strong capacity building component in order to continue reinforcing border
management, in particular on the green border, where technology, infrastructure
and equipment-related capabilities could be further improved;
·       
continue
to work on establishing cooperation with neighbouring countries; the necessary
agreements need to be concluded in order to pave the way for technical
collaboration at the border in the future; 
·       
strengthen
training of border guards, customs and any other officials involved in border
management and/or surveillance by developing advanced training, and promote
on-the-job training by giving special attention to developing e-learning
capabilities alongside the mobile training units; and
·       
consider
further prolongation of the duration of the basic training and further
development of the advanced training.
4.2.
Migration Management
Consolidation
of the legal and institutional framework for migration policy, in line with EU
and international standards, including in the field of legal/labour migration,
measures supporting the integration of foreigners and the reintegration of
Georgian citizens (returning voluntarily or not) and the fight against
irregular migration (including continued efforts to conclude readmission
agreements with main countries of origin and/or transit and inland detection of
irregular migrants); 
The
legal framework for migration policy is being established. A draft Law on the
Legal Status of Foreigners and Stateless Persons was approved by the Government
on 30 October 2013 and it is expected to be submitted to the Parliament
shortly. The draft law includes provisions concerning regular and irregular
migration, and integration of foreigners. Once the law is adopted, some 10
by-laws will also need to be adopted in order to establish a comprehensive
legal regime. 
The
institutional framework for coordination of migration policy is well developed.
In 2010, the State Commission on Migration Issues was created. The Commission
is composed of representatives of 12 competent ministries[13] and is
responsible for the overall coordination of the migration management.
In the
area of the fight against irregular migration, further streamlining is planned.
Once the Law on the Legal Status of Foreigners and Stateless Persons and the
2013 Law on Police are in force, the Police will be authorised to identify and
inspect foreigners and to carry out expulsion procedures. Also, a Migration
Service responsible for coordinating the fight against irregular migration will
be established within the structure of the MoIA.
In
order to assist in the reintegration of returning Georgian migrants, a Mobility
Centre has been established with EU support within the framework of the Mobility
Partnership. The centre assists returning migrants by developing a personal
reintegration plan, including a business plan, and by providing medical
assistance where needed as well as temporary accommodation. 
Georgia
is also working on creating a temporary accommodation centre for irregular
migrants staying on the territory of Georgia. The architectural plans have been
approved and the construction of the building is expected to commence in
November 2013. The centre will accommodate up to 70 persons and special
arrangements for vulnerable migrants and families will be made. A draft Statue
of the Accommodation Centre has already been prepared.
Georgia
has signed readmission agreements with the EU, Switzerland, Norway and Ukraine.
Implementing Protocols within the scope of the EU Readmission Agreement have
been signed with Bulgaria; Estonia; Hungary; Austria; and Belgium, the
Netherlands and Luxembourg. The Protocol with Slovakia is ready to be signed,
and further Protocols are under negotiation with the Czech Republic, Lithuania,
Poland and Portugal. Negotiations with Cyprus, France, Germany, Greece, Italy,
Spain, and Sweden have been initiated through diplomatic channels. A draft
readmission agreement is ready for signature with Denmark and with Moldova. Georgia
has furthermore initiated the negotiation of readmission agreements with
Armenia, Azerbaijan, Bangladesh, Belarus, India, and Pakistan. 
Georgia
has also introduced the Readmission Case Management Electronic System, which is
coordinated by the Ministry for Foreign Affairs, financed by the EU and
implemented with the assistance of the International Organisation for
Migration. 
Adoption
of a national Migration Strategy for effective implementation of the legal
framework for migration policy and of a corresponding Action Plan, containing a
timeframe, specific objectives, activities, results, performance indicators and
provisions for sufficient human and financial resources;
The
2013-2015 Migration Strategy of Georgia has been established by the Georgian authorities
with the assistance of EU experts in the context of the Mobility Partnership
Targeted Initiative project. The Strategy was adopted in March 2013 and the
accompanying Action Plan was approved in June 2013. The Strategy focuses on
areas such as prevention and control of irregular migration, promotion of legal
migration and reintegration of citizens in Georgia, and the development of the
asylum system in Georgia. The Action Plan lists concrete activities,
establishes deadlines, and designates the authorities responsible and
implementing partners. 
Establishment
of a mechanism for the monitoring of migration stocks and flows enabling the
regular updating of Georgia's Migration Profile, with a unified electronic
database containing data on both irregular and legal migration, as well as on
asylum seekers/refugees, and establishment of bodies responsible for the
effective collection and analysis of that data. 
The
Unified Migration Analytical System is in an initial phase of development.
Relevant ministries and agencies already gather information and data concerning
persons crossing the border, residence permits, visas and duration, foreigners
in the country, expelled foreigners form the country, legal entities
established by the foreigners, etc. Once fully operational, the system will
collect and process this information. An electronic database for irregular
migrants has been set up within the MoIA and is currently in a testing phase.
It is expected that the database will become operational once the Law on the
Status of Foreigners and Stateless Persons enters into force, most likely in
2014.  
So
far, Georgia has prepared migration profiles for the years 2005-2010, and
2011-2013, which was adopted in September 2013. 
On the
basis of the above findings, it is recommended that, in relation to migration
management benchmarks, the Georgian authorities:
·       
establish
the legal framework for migration management by adopting the Law on the Status
of Foreigners and Stateless Persons and all the necessary by-laws;
·       
further
consolidate and streamline institutional capacities through, inter alia,
the establishment of a Migration Service within the MoIA;
·       
strengthen
institutionalisation of the Mobility Centre within governmental structures,
including by allocating sufficient human and financial resources for the
provision of reintegration assistance; 
·       
accelerate
the work on the temporary accommodation centre for irregular migrants and
ensure that the necessary financial and human resources are available to
guarantee the operational capacity of the centre;
·       
continue
the implementation of the Migration Strategy and the Action Plan and start
elaborating the Strategy for the next programming period;
·       
accelerate
the development of an Unified Migration Analytical System in line with data
protection standards; and
·       
strengthen
data collection capacities by, inter alia, finalising the electronic
database on irregular migration.
4.3.
Asylum 
Consolidation,
according to EU and international standards, of the legal and institutional
framework for asylum policy, in full compliance with the principle of
non-refoulement and comprising subsidiary protection, through adoption of
legislation ensuring effective access to fair procedures for status
determination, rights protection (freedom of movement, healthcare, education,
other labour and social rights), durable solutions, including the integration
of refugees or beneficiaries of other forms of international protection, as
well as special attention to vulnerable groups. 
The Law
on Refugees and Humanitarian Status (hereinafter the Law on Refugees)[14] was approved
in 2011. Following its adoption, three by-laws laying down procedures for
granting the status of a refugee or another form of protection, regulating
accommodation in reception centre and determining the rules for annual
registration of asylum seekers in Georgia have been enacted.
The
principle of non-refoulement is adequately entrenched in the Law on Refugees.
The Law also properly prescribes the grounds for granting humanitarian status
in accordance with Article 3 of the European Convention on Human Rights.
According
to the Law on Refugees, a person irregularly staying in Georgia has to apply
for asylum within 24 hours of entering Georgian territory and only special
circumstances beyond his or her control may justify an extension. If the
deadline is not met, the application shall be refused. This time limit does not
apply to persons legally staying in Georgia. 
After a
preliminary assessment of the asylum application, a profile of the asylum seeker
is prepared and the person is granted the status of asylum seeker for a period
of six months. A possible negative decision during this preliminary phase can
be challenged in court. Once the person is registered as an asylum seeker, an
interview is conducted, country of origin information (hereinafter COI) is
obtained, and a decision on the status is taken. In the case of a negative
decision, appeal procedures can be launched. 
The
Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation
and Refugees is responsible for asylum procedures, and for accommodation of
asylum seekers and beneficiaries of international protection. Six officials are
in charge of taking asylum decisions. At present, one-full time and one-part
time officer gather the COI information. The Ministry plans to set up a
dedicated COI Unit in 2014.  
Asylum
seekers are issued with a document certifying their status only after the
decision on registration is adopted. The document includes a photo and basic
data. The competent authority has 10 days to take the decision on registration
as an asylum seeker. In case of a negative decision, appeals are possible to
three consecutive court instances, which, taking into account the duration of
legal proceedings, may cause situations whereby asylum seekers do not have
documentation confirming their status until the end of the appeal procedure.
Reception
of asylum seekers takes place in a dedicated reception centre with a capacity
of 60.[15]
Special attention is paid to the needs of vulnerable groups. According to the
information received, a guardian is appointed to every unaccompanied child
seeking asylum and interpretation services are available in the centre. Medical
care is provided by the public health network and financed by the state budget.

Refugees
and persons granted humanitarian status are entitled to accommodation in a
reception centre for a period of three months after being granted the status,
access to education, and medical and social assistance. Persons are allowed to
travel to another country and/or return to the country of origin. They are
issued a temporary residence permit and a travel document (UN Geneva Convention
Passport). Access to language courses (both of Georgian, and foreign languages)
and education is also provided. 
On the
basis of the above findings, it is recommended that, in relation to the asylum
benchmark, the Georgian authorities:
·       
improve
further the existing legal and institutional framework by introducing necessary
amendments, including those ensuring documentation for asylum seekers from the
very beginning of the asylum procedure; 
·       
reconsider
the provisions imposing an obligation to apply for asylum within 24 hours after
entering the territory; the submission of the application after the prescribed
24 hours should not be the sole ground for refusal to register as an asylum
seeker; 
·       
strengthen
institutional capacities of the Ministry, including in respect of human
resources, and in particular regarding staff responsible for the country of
origin information (COI);  
·       
increase
capacity for reception and accommodation of asylum seekers;
·       
strengthen
data collection capacities; 
·       
provide
the Commission with relevant statistical data; and
·       
examine
further the asylum procedure in order to assess whether the possibility of
appeal including its suspensive effect until the last (third) judicial
instance, does not endanger the efficiency of the asylum procedure and asylum
policy in general.
5.
Block 3: Public Order and Security
5.1.
Preventing and fighting organised crime, terrorism and corruption 
Consolidation,
according to EU and international standards, of the legal and institutional
framework for  preventing and fighting organised crime, together with a
national strategy and action plan containing, within a clear timeframe,
specific objectives, activities, results, performance indicators and sufficient
human and financial resources;
Georgia
is progressing in the consolidation of its legislative framework for preventing
and fighting organised crime. In addition to the laws already in force—Law on
Organized Crime and Racketeering, relevant provisions of the Criminal Code and
Criminal Procedure Code, law on Criminal Intelligence Activity—a new Law on
Police has been adopted on 4 October 2013 which will enter into force on 1
January 2014. 
In
October 2013, a National Strategy on the Fight against Organised Crime for
2013-214 was approved by a governmental decree. The strategy covers a broad
range of organised crimes including so-called “thieves in law”, racketeering,
theft of vehicles, illegal circulation of firearms, and cybercrime. An Action
Plan on Fight against Organised Crime was adopted on 4 November 2013. 
An
institutional framework is also being elaborated. Pursuant to the Governmental
decree of 13 June 2013, the Inter-Agency Council on Fight against Organised
Crime has been established. The Council is composed of representatives of
relevant Ministries and its main task is to oversee the implementation of the
abovementioned Strategy and Action Plan.
Consolidation,
according to EU and  international standards, of the legal and institutional
framework for addressing trafficking in human beings, together with a
corresponding national action plan, including a clear timeframe, specific
objectives, activities, results, performance indicators and sufficient human
and financial resources;
Georgia
is well advanced in the implementation of the benchmark related to trafficking
of human beings (hereinafter THB). 
Since
2003, the Criminal Code of Georgia criminalises trafficking in human beings.
Subsequent amendments to the Code have increased sanctions for the crime of
trafficking, introduced criminal liability of legal persons, and criminalised
the use of services of victims of trafficking. In April 2012, pursuant to the
recommendation of the Council of Europe's Group of Experts on Acton against
Trafficking in Human Beings (GRETA), the 2006 Law on the Fight against
Trafficking in Human Beings and the Law on Child Victims of Trafficking in
Human Beings were amended introducing, inter alia, a provision on
individual risk assessment on the basis of the child's best interests.[16] 
A
State Fund for the Protection of THB Victims and an Inter-Agency Council on the
Fight against Trafficking in Human Beings have been in place since 2006. The
Council is led by the Ministry of Justice and consists of representatives of
relevant ministries and governmental agencies. On 15 March 2013, the President
of Georgia adopted the 2013-2014 National Action Plan on the Fight against
Trafficking in Human Beings that was elaborated by the Council. The Action Plan
covers issues such as prevention of THB, cooperation with local and
international non-governmental organisations, improvement of specific
investigation techniques of the prosecution services, and coordination of
THB-related activities between relevant agencies. 
Consolidation, 
according to EU and  international standards, of the legal and institutional
framework for preventing and fighting corruption, as well as a national
anti-corruption strategy and action plan containing, within a clear timeframe,
specific objectives, activities, results, performance indicators and sufficient
human and financial resources, including as regards the anti-corruption
coordination efforts of anti-corruption bodies such as the Anti-Corruption
Interagency Coordination Council (ACICC), aiming notably at ensuring the
independence, efficiency, empowerment and accountability of the authorities
responsible for the fight against corruption and strengthening information exchange
between them; ensuring a sound legal and institutional framework, including
necessary secondary legislation for an efficient functioning of internal
control mechanisms that contribute to the prevention and repression of
corruption, including corruption at high-levels and
corruption in international transactions, and
to setting integrity standards within public institutions/authorities;
follow-up of GRECO (Council of Europe Group of States against Corruption)
recommendations;  
Over
the last decade, Georgia has engaged in a comprehensive anti-corruption reform
process and put in place a legal and institutional framework which has brought
about tangible results in the prevention and fight against corruption.[17] Georgia is
party to the United Nations Convention against Corruption and it has ratified
the relevant Council of Europe conventions on corruption, namely the 2003 Civil
Law Convention on Corruption, and the 2008 Criminal Law Convention on
Corruption and its 2013 Additional Protocol.
Georgia
has made significant progress in criminalising corruption. Offences of active
and passive bribery in the Criminal Code of Georgia include the offer and
promise of a bribe, bribery in favour of a third person and bribery through an
intermediary. In November 2011, the offence of active trading in influence was
amended to include third parties. Criminal liability of legal persons is
triggered for passive and active bribery, trading in influence, money
laundering, and commercial bribery. 
According
to GRECO’s third evaluation round compliance report on incriminations,[18]
three out of five recommendations have been implemented satisfactorily by
Georgia and two recommendations, referring to the ratification of the
Additional Protocol to the Criminal Law Convention on Corruption and the
provision of effective regret, have been partly implemented. On 27 July 2013
Georgia ratified the Additional Protocol, thus four out of the five
recommendations can be considered as fully implemented.    
The
Anti-Corruption Interagency Coordination Council (hereinafter the ACICC)
started its work in 2008. It is composed of 34 members[19] and its tasks
are the coordination of anti-corruption efforts, participating in monitoring
the implementation of anti-corruption measures, and legislative drafting in the
areas of prevention and fight against corruption. Currently the key strategic
priorities of the ACICC are prevention of corruption in law enforcement bodies,
customs, and tax-systems, and the transparency of party funding. 
In
2011, Georgia amended the Organic Law of Georgia on Political Unions of
Citizens. The new rules on financing of political parties include prohibition
of donations from legal persons, caps on donations, bank transfers as a method
of donations to ensure transparency and better accounting of party financing,
restrictions on taking loans by parties, and limitations of membership fees.
Supervision over party- and election campaign financing is assigned to the
State Audit Office. 
The
2009 Law of Georgia on Conflicts of Interests and Corruption in Civil Service
requires, among others, public disclosure of economic interests of public
officials and protection of whistle-blowers. The Civil Service Bureau of
Georgia and the ACICC are finalising a new draft Law of Georgia on the Protection
of Whistle-blowers. 
The
online asset declaration mechanism for senior public officials also aids in
preventing and fighting corruption.[20]
In September 2013, an amendment extending the mechanism to 400 additional
public officials was introduced to the Law on Conflicts of Interests and
Corruption in Civil Service.
Recent
amendments to the Law of Public Service include a new Chapter on Code of
Conduct for public officials based on the Model Code of Conduct for public
officials of the Committee of Ministers of the Council of Europe.[21]
The amendments introduce an obligation for all public servants to report to
their supervisor or law enforcement bodies any evidence or grounded suspicion
of illegal activity, including corruption. The amendments also foresee mandatory
training on corruption related issues for new civil servants. 
In May
2013, the Georgian Parliament adopted amendments to the Law on Courts of
General Jurisdiction of Georgia strengthening the independence and the
integrity of the judiciary. The amendments aimed at ensuring compliance with
international and European standards as well as the Opinion of the Venice
Commission adopted during the 94th Plenary Session.[22]
Georgia envisages further reforms on the appointment of judges and their
promotion. 
Amendments
to the Law of Georgia on the Prosecution Service were adopted by the Parliament
and entered into force in June 2013. As a result, all prosecutorial powers
previously vested in the Minister of Justice have been transferred to the Chief
Prosecutor of Georgia. The Chief Prosecutor is appointed and dismissed by the
President of Georgia upon a proposal of the Minister of Justice. The Chief
Prosecutor appoints and dismisses all prosecutors and employees of the
Prosecution's Office, carries out investigation and prosecution of offences,
including corruption-related offences, perpetrated by high officials such as
the President, members of Parliament or the Government, the Chief
Justice, the Public Defender, and the Auditor General.
The
State public procurement system was reformed in 2010 establishing a Unified
Electronic System of State Procurement. Currently, all tenders are conducted
electronically. The Unified Electronic System of State Procurement has set up a
"black list" of companies prohibited from participating in state
procurement procedures for a period of a year, and a "white list" of
eligible companies. 
Consolidation
of the legal and institutional framework for preventing and fighting money
laundering and financing of terrorism, in line with EU and international
standards set by the Financial Action Task Force (FATF) on Money Laundering and
Terrorist Financing, and regular updating of the corresponding national
strategy; establishment and consolidation of an independent Financial
Intelligence Unit, with adequate powers and resources;
In
recent years Georgia has improved its Anti-Money
Laundering/Combating the Financing of Terrorism legislative framework
(hereinafter
AML/CFT) by increasing technical compliance with both
international AML/CFT standards and EU law.
For
instance, in 2012, leasing companies, auditors, accountants and qualified
credit institutions were classified as "obliged entities",[23] and
preventive measures for financial institutions were strengthened. While Georgia
intends to include also lawyers in the near future, the list of obliged
entities is not yet fully in line with international and European requirements
considering that the AML law is not applicable to real estate agents, trust and
company service providers, and e-money institutions. Georgia has adopted a
number of legal acts based on AML law defining in more detail the requirements
applicable to obliged entities such as credit unions, exchange bureaus, money
remitters, casinos, lotteries, notaries, etc. 
As
regards the need to reinforce institutional cooperation, although a number of
competent Ministries have signed a Memorandum of Understanding on the
Improvement of Effectiveness of Inter-agency Cooperation in the Law Enforcement
Field, including the offence of money laundering, Georgia has not yet set up an
AML/CFT Council that could be instrumental in steering and coordinating all
AML/CFT activities. 
Georgia
plans to adopt a National AML/CFT Strategy together with an Implementing Action
Plan and has set up an interagency working group for this purpose. 
Establishing
the National Agency of Public Registry (NAPR) in order to manage the legal
entities registration system is an important first step in preventing the
misuse of legal persons. However, a 2012 assessment of Georgia carried out by
the Committee of Experts on the Evaluation of Anti-Money Laundering Measures
and the Financing of Terrorism (hereinafter MONEYVAL) noted a number of
important deficiencies.[24]
Also, even though Georgia in December 2011 amended its framework in order to
implement United Nations Security Council Resolutions (hereinafter UNSCR) 1267
and 1373, the MONEYVAL assessment pointed to a failure to fully comply with
certain legal standards. 
The
Financial Monitoring Service (hereinafter the FMS) – the Financial Intelligence
Unit of Georgia has been established pursuant to Article 10 of the 2003 AML
Law. The FMS has operational independence and is not subordinate to any agency
in performing its activities. The FMS serves as a national centre for
receiving, analysing, and disseminating suspicious transaction reports, cash
transaction reports, and other relevant information concerning money laundering
and terrorist financing. At present, in cooperation with relevant institutions,
the FMS is preparing amendments to the AML/CFT law aimed at addressing the
shortcomings identified in the 2012 MONEYVAL assessment. 
According
to information provided by Georgia, new software enhancing suspicious
transaction reporting was introduced in December 2011. Even if its effectiveness
cannot be fully assessed at this stage, the reported increase in the number of
cases disseminated by the FMS to law enforcement agencies is encouraging.[25]
Adoption
of a national anti-drug strategy and action plan, in line with EU and
international standards, containing, within a clear timeframe, specific
objectives, activities, results, performance indicators and sufficient human
and financial resources; 
In
November 2011, an Inter-Agency Coordination Council Combating Drug Abuse
(hereinafter the Council) was established under the auspices of the Ministry of
Justice. International and non-governmental organisations are part of the
Council. In June, the Council drafted the 2013-2015 National Drug Strategy and
the accompanying Action Plan. According to the information received from the
Georgian authorities, in drafting both documents, the Council relied on the
2012 EU Drugs Strategy and on expert advice of the Council of Europe Pompidou
Group responsible for combating drug abuse and drug trafficking. At the time of
writing the report, the Council has been incorporating the comments of the
Pompidou Group into both documents, which are expected to be adopted by the
Government by the end of 2013. The work is also progressing on drafting
amendments relevant legislative instruments.[26]

Signature,
ratification and transposition into national legislation of all relevant UN and
Council of Europe conventions and respective protocols in the areas listed
above and on the fight against terrorism, including the 2005 Council
of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism as well as the
Hague Convention on Protection of Children (1996 Convention on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in respect of
Parental Responsibility and Measures for the Protection of Children), the 2007 Council
of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse, and the Additional Protocol to
the Criminal Law Convention on Corruption;
The
Additional Protocol to the Criminal Law Convention on Corruption was ratified
by the Georgian Parliament in July 2013, and the 2005 Council
of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism was ratified
in October 2013. As for the instruments
concerning the protection of children, the necessary internal legal procedures
are under way. 
5.2.
Judicial co-operation in criminal matters 
Consolidation
of the legal and institutional framework on mutual assistance
The
Law on International Cooperation in Criminal Matters governing issues of
international cooperation entered into force in October 2010.[27] The law
covers international cooperation, including aspects such as mutual legal
assistance, extradition, transfer of sentenced persons, transfer of proceedings
and the enforcement of criminal judgments. Georgia is also a party to a number
of UN- and Council of Europe conventions and bilateral agreements, which
provide the legal base for cooperation with other states.[28] Georgia is
also examining the possibility of signing the Third Additional Protocol to the
1957 European Convention on Extradition. 
Signature,
ratification and transposition into national legislation of relevant
international conventions and protocols, namely the Second Additional Protocol
to the European Convention on Mutual Assistance in Criminal Matters;
The
Second Additional Protocol to the European Convention on Mutual Assistance in
Criminal Matters was signed in March 2013 and ratified by the Georgian
Parliament in October 2013. A new Law on International Law
Enforcement Cooperation introducing into Georgian legislation the necessary
provisions envisaged by bilateral and multilateral international treaties
entered into force on 22 October 2013. 
5.3.
Law enforcement cooperation
Establishment
of an adequate coordination mechanism between relevant national agencies and a
common database guaranteeing direct access for relevant officers;
A
Memorandum of Understanding on Inter-Agency Cooperation on Law Enforcement
issues between the Ministry of Internal Affairs, the Ministry of Justice, the
Ministry of Finance, the Chief Prosecutor's Office and Financial Monitoring
Service entered into force on 16 May 2013. In order to facilitate law
enforcement coordination, the Memorandum provides, among other elements, for
the creation of contact points, a secure e-mail exchange system, the
establishment of ad-hoc investigative teams, etc. 
The
Ministry of Internal Affairs is elaborating electronic interagency data
exchange software to facilitate the exchange of confidential data.
5.4.
Data Protection 
Consolidation
of the legal and institutional framework for the protection of personal data,
in line with EU and international standards, including through the adoption of
by-laws, instructions and guidelines to regulate procedures, functions and
responsibilities;
The Law
on Personal Data Protection (hereinafter the Law on PDP) entered into force in
May 2012. The provisions of Chapter VII on Administrative liability entered
into force in January 2013 and certain provisions relating to the powers of the
Personal Data Protection Inspector towards private sector will enter into force
only in 2016. 
The
newly appointed Personal Data Protection Inspector considers the possibility of
a revision to the 2012 Law on PDP and, to this end, experts are currently
examining the existing legal framework.  
Signature,
ratification and transposition into national legislation of relevant
international conventions, protocols and recommendations,  including the 2001
Additional Protocol to the Council of Europe Convention 108 for the Protection
of Individuals with regard to Automatic Processing of Personal Data, regarding
supervisory authorities and cross-border data flows, and the Committee of
Ministers of the Council of Europe Recommendation No. R (87) 15
regulating the use of personal data in the police sector;
Georgia
signed the 2001 Additional Protocol to the Council of Europe Data Protection
Convention in May 2013 and the Protocol was ratified by the Parliament in July
2013. The Ministry of Internal Affairs, after consulting the Personal Data
Protection Inspector, is finalising the Instruction on Processing and Protection
of Personal Data within the Ministry of Internal Affairs of Georgia. 
Establishment
of an independent data protection supervisory authority with adequate powers
and obligations;
According
to the Law on PDP, the Inspector is independent; he or she
should not be subordinate to any other public official or body and, in his or
her work, the Inspector is guided by the Constitution of Georgia, international
agreements, the Law on PDP, and other relevant normative acts and statutes. 
On
28 June 2013, Personal Data Protection Inspector was appointed in accordance
with the Law on PDP by Decree of the Prime Minister. During the first months in
the office, the Inspector elaborated the structure and statute of the office
and launched the staff recruitment process. Governmental
Order 699 of 3 July 2013 established a Reserve Fund for the PDP Inspector
Office for 2013. The offices and the necessary equipment are to be provided by
the Government.
On the
basis of the above preliminary findings, it is recommended that, in relation to
the Block 3 benchmarks, the Georgian authorities:
·       
continue
to pursue efforts in the area of preventing and fighting against organised
crime and, in particular, consolidate further the legal and institutional
framework by, inter alia, adopting the Action Plan on Combating
Organised Crime;
·       
carry
on progress in the implementation of EU and international standards on
preventing and fighting against THB, in particular, it is recommended that, in
re-assessing the legislative framework in place, the Georgian authorities
consider, inter alia, the establishment of a national rapporteur or
equivalent mechanism responsible for carrying out assessments of trends of THB,
measuring the results of anti-trafficking actions, reporting, and extending the
THB training currently provided to judges and police to other front line
officials, such as consular services, trade unions, and non-governmental
organisations; 
·       
continue
the progress on establishing a legislative and policy framework for preventing
and fighting against corruption and, in particular, ensure that legislative,
institutional and operational guarantees are in place to secure the
independence of prosecutors from any political interference; continue the reforms
to further strengthen integrity and independence of the judiciary; with regard
to asset declarations and conflicts of interests, ensure that efficient and
independent verification mechanisms, as well as effective, proportionate and
dissuasive sanctioning systems are in place; revise further the regulations on
party funding, taking into account the recommendations of GRECO, the Venice
Commission and OSCE/ODIHR; ensure that the Anti-Corruption Council has the
necessary analytical and organisational capacities, including adequate
financial and human resources; adopt the legislation on protection of
whistle-blowers and set up a whistle-blowing protection system for employees
working in private companies delivering services funded with public resources;
·       
strengthen
efforts in establishing the legal and institutional framework for preventing
and fighting money laundering and financing of terrorism. In particular, the
shortcomings identified in the MONEYVAL's report should be addressed. Also,
operational capacities and inter-ministerial coordination need to be improved,
and establishing an AML/CFT Council may help to advance the work in the area.
Finally, the National AML/CFT Strategy and accompanying Action Plans should be
adopted;
·       
adopt
the National Drug Strategy and the accompanying Action Plan in line with European
and international standards and ensure that the necessary human and financial
resources will be made available for their implementation; and consolidate
further the legislative and policy framework;
·       
transpose
into national legislation the 2005 Council of Europe Convention on Laundering,
Search, Seizure and Confiscation of the Proceeds from Crime and on the
Financing of Terrorism, the Additional Protocol to the Criminal Law Convention
on Corruption as well as the Hague Convention on Protection of Children (1996
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and
Co-operation in respect of Parental Responsibility and Measures for the
Protection of Children), and the 2007 Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse; 
·       
provide
further information on the legislative and institutional framework on judicial
cooperation in criminal matters, including relevant provisions of the Criminal
Procedure Code;
·       
continue
reinforcing law enforcement cooperation, inter alia, through the
elaboration of secure data exchange software; 
·       
provide
further information on the legislative and institutional framework on data
protection, including amendments to existing legal framework that are under consideration;
·       
finalise
the drafting and adopt the Instruction on Processing and Protection of
Personal Data within the Ministry of Internal Affairs of Georgia; and
·       
foresee
the necessary human, logistical and financial resources for the Personal Data
Protection Inspector's Office. 
6.
Block 4: External Relations and Fundamental Rights 
6.1.
Freedom of movement within Georgia 
Consolidation
of the legal and regulatory framework for registration procedures for legally
staying foreigners or stateless persons with a view to avoiding unjustified
restrictions;
The
legislative and regulatory framework is being elaborated. The Working Group on
the Reduction of Statelessness has prepared a draft law on Georgian
citizenship, which has undergone the inter-ministerial consultation process and
is expected to be submitted to the Parliament in the coming months. The draft
law introduces a series of mechanisms aimed at preventing and reducing
statelessness as stipulated in the 1961 United Nations Convention on the
Reduction of Statelessness. Georgia is also considering accession to the 1961
Convention.  
6.2.
Conditions and procedures for the issuance of travel and identity documents 
Consolidation
of the legal and regulatory framework so as to ensure full and effective access
to travel and identity documentation without discrimination, including for
women, children, people with disabilities, internally displaced persons, people
belonging to minorities and other vulnerable groups;
The
Public Service Development Agency in cooperation with UNHCR and UNICEF has
conducted several EU-funded projects aimed at addressing the issue of
undocumented persons. Reportedly, since 2008 more than 11 000 undocumented
persons have been identified, of whom approximately 7 000 have undergone civil
registration and received the relevant documents. Since 2008, refugees are
provided with travel documents, and, since 2010, these travel documents include
biometric data. Practical steps have been taken to address the needs of people
with disabilities. 
6.3. Citizens'
rights including protection of minorities 
Adoption
of a comprehensive anti-discrimination law, as recommended by UN and Council of
Europe monitoring bodies, to ensure effective protection against
discrimination;
Georgia
is currently working on establishing a comprehensive legislative framework to
fight discrimination. In addition to constitutional provisions on
anti-discrimination and provisions included in various criminal,[29] civil and
administrative laws, the Ministry of Justice has prepared a draft
anti-discrimination law, which is being reviewed by international experts and
is expected to be presented to the Parliament before the end of 2013. 
The
draft law aims to 'eliminate all forms of discrimination
within the territory of Georgia or under its jurisdiction and to ensure for
every person equal enjoyment of rights prescribed by law, irrespective of race,
color, language, sex, age, citizenship, origin, place of birth, place of
residence, marital status, pregnancy or maternity, material or social status,
health condition, disability, religion or belief, national, ethnic or social
belonging, political or other opinion or view, sexual orientation, gender
identity or any other ground'.[30]
It prohibits multiple discrimination,[31]
defines direct and indirect discrimination,[32]
and provides for protection of victims of discrimination from victimisation.[33] Although the
law is to be applied to all areas of activity of public institutions, natural
and legal persons,[34]
it is not clear whether it will also extend to the private
sector. The draft law also introduces the Equality
Protection Inspector[35]
and lays down the provisions on the appeal procedures,[36] including
provisions on the burden of proof. 
Signature,
ratification and transposition into national legislation of relevant UN and
Council of Europe instruments in the fight against discrimination, taking into
account the UN Convention on Statelessness and the standing
recommendations of the Council of Europe on the European Charter for Regional
or Minority Languages; 
Georgia
has ratified a number of international treaties on minority protection and
elimination of various forms of discrimination, including the UN International
Convention on the Elimination of all Forms of Racial Discrimination and the
Council of Europe's Framework Convention on the Protection of National
Minorities. 
Georgia
is also preparing for the ratification of the European Charter for Regional or
Minority Languages. To this end, in June 2013, the Government established a
high-level interagency commission responsible for the formulation of policy in
this regard. The Commission is working closely with governmental authorities,
civil society and minority community groups, and Council of Europe experts.  
Establishing
fair and transparent conditions for the acquisition of Georgian citizenship;
As
stated above, Georgia is preparing a new law on Georgian citizenship. The draft
aims to introduce a legal framework for the acquisition of Georgian citizenship
which takes into consideration the standards laid down in the UN Convention on
the Reduction of Statelessness.
Adoption
of a comprehensive National Human Rights Strategy and Action Plan; actively
pursue in this strategy and action plan the specific recommendations of UN
bodies, OSCE/ODIHR, the Council of Europe/ECRI and international human rights
organisations notably in implementing anti-discrimination policies, protecting 
minorities and private life and ensuring the freedom of religion; 
The
Governmental Decree of 5 July 2013 established an Interagency Council for the
Development of a Human Rights Protection Strategy and Action Plan. The Council
is composed of representatives of competent Ministries and other governmental
bodies. A number of representatives of non-governmental organisations and international
institutions,[37]
including the EU Delegation to Georgia, are invited to participate in the work
of the Council.
On the
basis of the above preliminary findings, it is recommended that, in relation to
Block 4, the Georgian authorities:
·      adopt a new
law on Georgian citizenship in line with European and international standards;
·      bring the
legislative framework in line with the 1961 United Nations Convention on the
Reduction of Statelessness;
·      devise a
strategy on dealing with the issue of undocumented persons on a more systematic
and sustainable basis;
·      provide
information on applicable legal provisions and comprehensive statistical data
concerning the registration procedures for legally staying foreigners and
stateless persons; 
·      adopt a
comprehensive anti-discrimination law in line with European and international
standards and, given the sensitivity of the matter, envisage a public campaign
explaining the law and raising awareness; and ensure that training curricula of
public officials will include sessions explaining the new legal framework;  
·      continue the
elaboration of policy leading to the adoption of the European Charter for
Regional or Minority Languages and envisage awareness raising actives;  and
·      adopt a
comprehensive National Human Rights Strategy and accompanying Action Plan.
7.
Overall assessment and next steps 
In line
with the established methodology, the Commission has assessed the
implementation of the VLAP by Georgia on the basis of the information and
relevant legislative and policy documents provided by Georgia. The desk-based
evaluation of Block 1 and Block 2 has been complemented with an on-site
evaluation mission carried out by the Commission services assisted by the
experts from EU Member States and the EU Delegation to Georgia.  
The
Commission furthermore also monitored the progress made by Georgia in
VLAP-related areas through the EU-Georgia Joint Visa Facilitation Committee,
the EU-Georgia Joint Readmission Committee, and the EU-Georgia Subcommittee on
Justice, Freedom and Security, and Human Rights and Democracy. In each of these
frameworks the state of the dialogue and cooperation between the EU and Georgia
is advanced.
On the
basis of the above, the Commission considers that Georgia has made very good
progress in the implementation of the first phase VLAP benchmarks. The
legislative and policy framework required by benchmarks on document security,
including biometrics, and benchmarks concerning integrated border management is
already at an advanced stage of fulfilment. Georgia is also progressing well in
the implementation of the first phase benchmarks relating to migration
management, asylum, public order and security, and external relations and
fundamental rights. 
The
Commission will continue to assist Georgia in the implementation of the VLAP
and actively monitor the fulfilment of all benchmarks under the four Blocks of
the VLAP with a view to communicating on future progress in the VLAP
implementation to the European Parliament and the Council in 2014. 
[1] Council conclusions on Georgia, 3191st Foreign Affairs Council
meeting, Luxembourg, 15 October 2012, indent 3.
[2] See the benchmarks concerning data protection. 
[3] Decree no 98 of 27 July 2011.
[4] Ibid. 
[5] The order needs to be provided by the Georgian authorities. 
[6] According to the information provided, the neutral status travel
document is recognised by the United States of America, Japan, Israel and eight
EU Member States, namely Romania, Poland, Bulgaria, Slovakia, Czech Republic,
Estonia, Latvia and Lithuania.
[7] The law will enter into force on 1 January 2014. 
[8] 75 km of the state border.
[9] 258 km of the state border.
[10] For example with Lithuania, Latvia, Estonia, Hungary, Bulgaria, Poland, Finland, and Germany.
[11] The “Cooperation Agreement on Border
Issues” between the Border Police of Georgia and the Border Agency of Armenia
is being prepared. A draft Agreement on Border
Representatives between MoIA Georgia and the National Security Service of
Armenia and a draft Protocol on rules of Information exchange between MoIA
Georgia and the National Security Service of Armenia are also being drafted.
[12] For Patrol Police, training has been extended from 12 weeks (376
hours) to 20 weeks (600 hours) and for Border Police from 6 weeks (235 hours)
to 14 weeks (420 hours).
[13] Ministry of Education and Science; Office of the State Minister for
Diaspora Issues; Office of the State Minister on European and Euro-Atlantic
Integration; Ministry of Economy and Sustainable Development; Ministry of
Justice (chair); Ministry of Internally Displaced persons from the Occupied
Territories of Georgia, Refugees and Accommodation; Ministry of Regional
Development and Infrastructure; Ministry of Foreign Affairs; National
Statistics Office; Ministry of Finance; Ministry of Internal Affairs
(co-chair); Ministry of Labour, Health and Social Affairs.
[14] The law was drafted with the EU supported project implemented by
the UNHCR. 
[15] According to the information received from the Georgian
authorities, in exceptional circumstances the centre can accommodate up to 120
persons.
[16] In April 2012.
[17] A report by World Bank (2012) commends Georgia's success in
fighting corruption in the public sector since 2003. According to the Global
Corruption Barometer 2013, only 4% of Georgians reported to have paid a bribe
to any of the eight services in the past 12 months. As many as 70% of the
respondents believed that the level of corruption had decreased considerably
over the last two years. Georgia is ranked 51 in the Transparency International
Corruption Perception Index 2012 with a score of 52 out of maximum 100.  
[18] GRECO Third Evaluation Round:
Compliance Report on Georgia of 21 June 2013. The Report is available from http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoRC3(2013)9_Georgia_EN.pdf

[19] 15 high-level government representatives, two MPs, a representative
of the judiciary, and 16 observers representing local and international NGOs,
international organisations, donors and business associations.
[20] At present, over 2 800 officials are under obligation to declare
their assets.
[21] OECD Istanbul Anti-Corruption Action
Plan. Second Round of Monitoring. Georgia Progress Report (2011).
Anti-Corruption Network for Eastern Europe and Central Asia. The Report is
available at: http://www.oecd.org/corruption/acn/48807498.pdf 
[22] Joint Opinion of the Venice
Commission and the Directorate for Justice and Human Dignity of the Directorate
General of Human Rights and Rule of Law of the Council of Europe on the draft
amendments to the Organic Law on Courts of General Jurisdiction of Georgia.
adopted by the Venice Commission at its 94th Plenary Session. Venice
8-9 March. The Opinion is available at: http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2013)007-e.
[23] The term 'obliged entities' signifies the natural and legal persons
who are subject to the obligations of the Georgia’s AML Law.
[24] Report on Fourth Assessment Visit;
Anti-Money Laundering and Combating the Financing of Terrorism, Georgia, 3 July
2012, available at: http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/round4/GEO4_MER_MONEYVAL(2012)18_en.pdf.

[25] From 12 in 2012, to 27 in the first half of 2013. 
[26] E.g. Code on Administrative Offences, Criminal Code, Law on
Narcotic Drugs, Psychotropic Substances, Precursors and Narcotic Assistance.
[27] According to the Law, there is only one central authority, namely
the Ministry of Justice which is forwarding requests to other authorities. 
[28] Including the 1957 European Convention on Extradition with its
additional 1975 and 1978 Protocols, the 1959 European Convention on Mutual
Assistance in Criminal Matters with its additional 1978 Protocol, the 1970
European Convention on the International Validity of Criminal Judgments, 1977
European Convention on the Suppression of Terrorism, and 1993 Convention on
Legal Assistance and Legal relations in Civil, Family and Criminal Matters.
[29] Including the provision making discrimination an aggravating
circumstance in the Criminal Code in 2012.
[30] Article 1 of the draft law. 
[31] Article 2 of the draft law.
[32] Ibid.
[33] Article 21 of the draft law.
[34] Including labour relations, social security
and health care, access to education and vocational training, culture,
elections, civil and political activities, public information and media,
justice, penitentiary, law enforcement, military, state services, and the use
of goods and services, Article 3 of the draft law.
[35] Article 7 and following of the draft law.
[36] Article 16-18 of the draft law.
[37] The UN Office in Georgia, the Council of Europe Office in Georgia,
the USAID Office in Georgia, the Georgian Bar Association, the Georgian Young
Lawyers' Association, Transparency International Georgia, Open Society Georgia
Foundation, etc.