REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Second report on progress by Kosovo* in fulfilling the requirements of the visa liberalisation roadmap
Date: 2014-07-24
Institutions: European Commission
Subjects: EU visa policy, Kosovo, Schengen Information System, biometrics, identity document, public order, return migration













EUR-Lex - 52014DC0488 - EN











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52014DC0488

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Second report on progress by Kosovo* in fulfilling the requirements of the visa liberalisation roadmap /* COM/2014/0488 final */









[*]
1.
INTRODUCTION
The
European Commission launched a visa liberalisation dialogue with Kosovo on 19
January 2012. On 14 June 2012, it handed over to the Kosovo Government a roadmap
on visa liberalisation. This roadmap identifies all the legislation and other
measures that Kosovo needs to adopt and implement to advance towards visa
liberalisation. 
On
8 February 2013, the Commission adopted the first report on progress by Kosovo
in the visa dialogue.[2]
This report contained an assessment of progress made by Kosovo, recommendations
to the Kosovo authorities and statistical data about the expected migratory and
security impacts of the visa-free regime.
On
12 February 2013, the Commission held the second Senior Officials’ Meeting with
Kosovo. The third and fourth meetings took place, respectively, on 29 July 2013
and 16 June 2014. 
This
is the second report setting out the Commission’s assessment of Kosovo’s
progress in fulfilling the requirements of the visa roadmap. It summarises the
most relevant developments concerning the adoption or amendment of legislation
and the implementation thereof, with appropriate recommendations for the
Government. It is accompanied by a Commission Staff Working Document (CSWD),
which elaborates at greater length the developments described in this report.
The CSWD also addresses the expected security and migratory impacts of visa liberalisation.
The
report and the CSWD draw upon the reports submitted by the Kosovo Government,
reports drafted by EU Member States’ experts participating in assessment
missions in December 2013 and March 2014, information received from the EU
Office in Kosovo, and EULEX, as well as statistical data compiled by Eurostat
and submitted by Member States. 
The
report and the CSWD formulate recommendations in policy areas where further
reforms, both legislative and implementation-related, are required for visa
liberalisation.
The
visa liberalisation dialogue is conducted without prejudice to EU Member States’
position on status.
2.
REQUIREMENTS RELATED TO READMISSION AND REINTEGRATION
2.1.
Readmission
Kosovo’s
legal framework on readmission is in place. Kosovo has continued negotiating
and concluding readmission agreements with EU Member States and Schengen Associated States and the main transit countries and countries of origins of
irregular migration.[3]

Readmission
functions well. Kosovo has improved the processing of requests, and the number
of pending cases is no longer a concern. The readmission of Kosovo citizens generally
functions well. There is no sufficient data about the readmission of third-country
nationals and stateless persons.
Recommendation:
-         
Continue
to negotiate and conclude readmission agreements with interested EU Member
States and the main transit countries and countries of origin of irregular
migrants;
-         
continue
to 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;
-         
take
the necessary measures to facilitate the readmission of vulnerable persons. 
2.2.
Reintegration
In
August 2013, the regulation on reintegration was amended, with legal remedies
and a legal basis for an Appeal Commission introduced. The members of the Appeal
Commission have been appointed.
The
Kosovo Government continues to finance the Reintegration Fund. In 2013, the
allocation was EUR 3.2 million. Approximately EUR 1.7 million was used for
direct financial assistance to beneficiaries and a million EUR transferred to
the Ministry of Environment and Spatial Planning for renovation and
construction of accommodation for repatriated persons. The authorities tend to
focus on emergency rather than sustainable reintegration services. 
Only
persons who left Kosovo before 28 July 2010 and who applied within a certain timeframe[4]
are entitled to benefit from the Reintegration Fund. Others are eligible for
elementary services or social assistance provided by municipalities. This cut-off
date for eligibility is increasingly becoming a hindrance for sustainable
reintegration, as a growing number of returnees, having left Kosovo after July
2010, do not qualify for assistance from the fund. Changing the cut-off date
for eligibility while focusing on long-term reintegration services should allow
Kosovo to enable the sustainable reintegration of its repatriated citizens.
The
reintegration case management system has been operational since January 2013; all
municipalities have had access to it since April 2013. The system allows basic
registration, but does not provide the possibility of follow-up. Guidelines on using
this system have been distributed and training provided for all Municipal
Offices for Communities and Return.
Returned
children have access to education, although language courses and other language
support are not delivered on a systemic basis. The provision of health care
could be further improved; in particular, local medical staff are not always
able to diagnose health problems of repatriated persons. 
Recommendations:
-         
Shift
the use of the Reintegration Fund from emergency to sustainable reintegration
services, such as education, professional training, employment assistance and
housing;
-         
consider
revising the cut-off date for eligibility for services from the Reintegration
Fund;
-         
develop
a reintegration case management system that enables the tracking of service
provision for all registered beneficiaries;
-         
step
up coordination with international organisations to avoid the duplication of
assistance offered to repatriated citizens.
3.
BLOCK 1: DOCUMENT SECURITY 
In
February 2014, a new civil status registration system (CSRS) was launched with
a single central database. Currently, registry books and the database are used
in parallel. There are serious concerns regarding the consistency and accuracy
of the data stored in the CSRS, as the system allows printing a certificate for
the same event containing different sets of data or inaccurate data. Storage of
physical files varies between municipalities and, in some cases, cannot prevent
loss of information.
Registry
books returned from Serbia have been scanned and uploaded in the system as photo
files. They can be consulted upon request and used for verification.
In
December 2013, Kosovo adopted secondary legislation allowing the issuance of
civil status certificates upon request in alphabets and languages such as
Bosnian, Cyrillic and Turkish.
Recommendation:
-         
The
CSRS should be considerably improved to ensure the quality and consistency of data
stored therein, if necessary by verifying entries against data contained in the
certified copies of registry books returned from Serbia; 
-         
ensure
interoperability between the travel document, ID and law enforcement databases;
-         
elaborate
standard operating procedures for storing and binding breeder documents.
4.
BLOCK 2: BORDER/BOUNDARY AND MIGRATION MANAGEMENT 
4.1.
Border/boundary management
There
has been significant progress in the field of integrated border management
(IBM). In September 2013, the Law on Border Control and Surveillance was
aligned with the acquis, and the new Law on Inter-agency Cooperation entered
into force. A new IBM strategy and an action plan have been adopted. The core
legal framework is in place. 
Cooperation
with neighbouring countries has improved. The delineation of the border with Montenegro has progressed; 70 km of the border has been delineated, leaving only 9 km. 
Kosovo
cooperates with FRONTEX on information exchange, risk analyses, capacity
building and training. In 2013, Kosovo appointed a focal point for risk
analysis responsible for liaising with FRONTEX.
Border
crossing points are sufficiently equipped to perform first and second-line
checks. The Border Police and Customs have adequate personnel to control
traffic flows and movement of passengers. In practice, border checks are not
performed systematically on exit lanes. 
In
January 2013, a National Border Management Centre was established. This centre
is composed of staff from all border-related authorities and is responsible for
strategic and operational risk analyses at central level, information exchange and
data protection. At the local level, risk analysis is carried out at border-crossing
points (BCP), but the practical use of this analytical tool is limited.  
Kosovo
remains a major transit location for irregular migration and trafficking in
human beings. The number of detected and investigated cases of facilitating irregular
migration, trafficking in human beings or drug trafficking remains low[5].
Recommendations:
-         
Endeavour
to complete the delineation of the border with Montenegro;
-         
perform
systematic border checks on both entry and exit lanes; clarify the scope of the
entry/exit registry; elaborate standard operating procedures for registering
passengers;
-         
ensure
internet access for the Food and Veterinary Agency at all BCPs;
-         
ensure
regular updates of samples of travel documents at each BCP;
-         
provide
sufficient border surveillance equipment;
-         
enhance
the use of risk analysis, in particular in planning operational actions;
-         
prevent
in a cross-border manner irregular migration and trafficking in human beings.
4.2.
Migration management
In
2013, Kosovo revised and adopted a package of laws laying down the legislative
framework for migration management, including the Laws on Foreigners,
Citizenship and Asylum. The new legislation introduces definitions compatible
with the EU acquis. At present, visas can be issued abroad only in Turkey and Albania; technical preparations for rolling out the Kosovo Visa Information System at
other missions have started. 
In
2013, the Ministry of Internal Affairs allocated EUR 1 million for the construction
of a new detention centre. This centre is expected to become operational by end
2014. 
In
December 2012, Kosovo launched a new database on migration and asylum; however,
it is not yet fully operational or interlinked with other databases containing
data on migration. The Law on Foreigners regulates authorities’ access to the
database. 
In
October 2013, a new national migration strategy and action plan were adopted and
a National Authority for the Monitoring of Migration Flows established. 
Recommendations:
-         
Continue
implementing the legal framework; ensure that procedural guarantees for
detention, removal and return are observed;
-         
roll
out the Kosovo Visa Information System at all diplomatic and consular posts;
-         
consider
the development of an integration strategy and an action plan for foreigners to
facilitate their inclusion into society;
-         
construct
a detention centre for detained foreigners;
-         
consider
the introduction of a time limit for accommodating foreigners at Pristina International Airport;
-         
continue
developing the database on migration and asylum; provide access to the database
to all relevant authorities;
-         
improve
the interoperability of databases in the field of migration and asylum policy;
-         
continue
developing an extended migration profile.
4.3.
Asylum
In
July 2013, a new Law on Asylum was adopted and the corresponding secondary
legislation amended. The rights and obligations of asylum-seekers and persons
granted protection are in line with the acquis. The provision of
interpretation services should be improved. The role of the Office of the High
Commissioner for Refugees has been aligned with the provisions of the Asylum
Procedures Directive and the Geneva Convention. 
Recommendations:
-         
Ensure
the availability of interpreters and consider the possibility of remote
interpretation;
-         
Interlink
the relevant databases, such as the Border Management System, the Kosovo Visa
Information System and the asylum database.
5.
BLOCK 3: PUBLIC ORDER AND SECURITY 
The
new criminal justice framework came into force on 1 January 2013. In March 2013,
the first review of the criminal justice system was conducted by Kosovo
authorities. The criminal justice system could further benefit from improved coordination
and a unified approach between institutions. A tracking mechanism has been set
up, but there is still insufficient data and poor prioritisation in targeting
high-profile organised crime and corruption cases. 
With
respect to judicial independence, there has been a notable decline in the
number of public statements made by politicians about criminal trials. Media
harassment of judges and prosecutors remains a serious concern. Witness
intimidation remains a problem.
There
has been significant improvement with regard to the Kosovo Police and Customs
in terms of professionalism and staffing. The capacity of the prosecution and
the court system needs to be strengthened. These agencies are under-resourced
and have difficulties in filling vacancies, especially those reserved for
persons belonging to minorities. There are deficiencies in the procedure for appointing
judges and prosecutors. Kosovo should harmonise the four core laws that entered
into force in January 2013 concerning the criteria for appointing or dismissing
judges and prosecutors. Although some progress has been made to reduce it, there
remains a considerable backlog of court cases.
Kosovo
does not yet have an electronic criminal record database. Files on criminal
backgrounds are still compiled manually on a case-by-case basis. The Government
plans to set up a criminal record information system in 2014.
The
judiciary does not have an integrated case management system allowing tracking of
cases from the intelligence and investigative phase, through prosecution, to
adjudication and asset recovery. In 2014, the Government launched a pilot
project to develop such a system. 
In
March 2013, the Government approved a new intelligence-led policing strategy and
action plan. In March 2014, the first Kosovo serious and organised crime threat
assessment was published. Intelligence-led policing needs to be strengthened;
analytical skills should be further developed and interagency cooperation
strengthened.
A
draft Law on Interception sets out the general principles and institutional
responsibilities guiding lawful interception through electronic devices. This
law should be adopted and detailed procedures established by secondary
legislation.
In
2013, some secondary legislation accompanying the Law on Witness Protection was
adopted. The relevant police directorate is sufficiently staffed, with its own
budget. Kosovo should consider the international relocation of witnesses in
sensitive cases.
In
January 2014, the Government adopted a strategy for preventing money laundering
and terrorism financing. The Financial Intelligence Unit plans to increase its
staff to fully perform its functions. The number of reports of suspicious
transactions remains high, yet no convictions for money-laundering have been
reported.
In
March 2013, a new Law on Extended Powers for Confiscation of Assets was
adopted. The law provides for the confiscation of assets that do not derive directly
from a criminal activity for which the person was convicted. It also introduces
the principle of the reverse burden of proof. These new legal provisions allow
asset confiscation relating to inexplicable wealth. Asset confiscation remains very
low.
Kosovo
remains a transit and a storage location for the trafficking of heroin and
marijuana[6].
The new provisions of the Criminal Code and Criminal Procedural Code offer more
effective tools for drug investigations. The National Drug Coordinator uses
existing forms of cooperation among law enforcement bodies and civil society.
Prevention activities, awareness raising and drug monitoring are satisfactory.
The capacity of the Kosovo Police in preventing and investigating drug
trafficking is sufficient, but there remain substantial concerns relating to the
relatively low number of final convictions for drug-related criminal
investigations.
In
July 2013, the Law on Prevention and Fight against Trafficking in Human Beings
and Protection of Victims was adopted. A National Anti-trafficking Coordinator
cooperates with respective authorities and civil society. A Law on Crime Victim
Compensations has been drafted. A new strategy on the fight against trafficking
in human beings is being prepared.
Kosovo
has begun to address arms trafficking, but the rate of destruction of small
arms remains low. Considering the number of seizures during the last years
performed by KFOR and other authorities, it appears that a significant number
of arms could still be in Kosovo. 
Kosovo’s
counter-terrorist effort is functional. Foreign fighters remain a concern, with
Kosovo authorities having collected ample information about Kosovan fighters in
  Syria. A new Law on Banning Participation in Armed Conflicts has been drafted.
The Government plans to draft an action plan on preventing radicalisation and
violent extremism.
There
have been improvements in the fight against corruption, but there still appears
to be a lack of actual concluded results of court cases. The National Anti-Corruption
Council led by the President of Kosovo is functioning. It issues
recommendations and reports on the fight against corruption. It is essential
that Kosovo establishes a track record of final court rulings in cases
concerning corruption and money-laundering.
Public
procurement remains one of the major sources of corruption in Kosovo. There are
two competent institutions in this field, the Public Procurement Commission and
the Procurement Review Body. The functioning of the latter could not be
assessed properly, as this young institution’s term of office has come to an
end, and new staff have not yet been appointed.
In
August 2013, the new Law on Financing of Political Parties was adopted. The
Central Election Commission is responsible for implementation of the law and
the registration of political parties. It is seriously understaffed, which may
affect implementation in the future.
Amendments
to the Law on Protection of Personal Data are expected to be adopted by end
2014. In 2013, the National Agency for Personal Data Protection was consulted on
a number of laws and secondary legislation. The agency’s capacities need to be
further strengthened. Kosovo should develop secondary legislation as concerns
data security and needs to ensure that all draft legislation concerning the processing
of personal data are reviewed by the National Agency for Personal Data
Protection. Kosovo should consider further awareness raising in data protection
and increase the number of data protection officers at local levels.
Recommendations:
-         
Develop
the independence of the judiciary by harmonising the four core laws that
entered into force in January 2013 concerning the criteria for appointing or
dismissing judges and prosecutors;
-         
ensure
that vacancies in the KJC and KPC are filled;
-         
reduce
the backlog of pending court cases;
-         
develop
a criminal record information system; regulate appropriately its management;
-         
develop
an integrated case management system allowing the tracking of criminal cases
from investigation through prosecution and conviction to asset recovery;
-         
improve
the exchange of information between law enforcement and judicial authorities in
intelligence-led policing; strengthen their capacity and human resources;
-         
adopt
the draft Law on Interception and standard operating procedures by secondary
legislation;
-         
maintain
capacity in the field of witness protection in terms of financing and staffing;
strengthen international cooperation;
-         
integrate
financial investigations into all investigations of organised crime and
corruption;
-         
establish
a track record of final court rulings in cases concerning trafficking in human
beings, arms trafficking, drug trafficking, corruption, public procurement and
money-laundering, with criminal penalties executed and criminal assets
recovered;
-         
ensure
support and assistance to victims of trafficking in human beings; 
-         
consider
reviewing the Law on Procurement to ensure the appropriate functioning of the
Procurement Review Body; 
-         
implement
the Law on Financing of Political Parties in electoral campaigns; strengthen
the human resources capacities of the Central Election Commission;
-         
conclude
further law enforcement cooperation agreements and strengthen operational
cooperation with neighbouring countries and EU Member States;
-         
continue
cooperation with EUROPOL, INTERPOL and regional law enforcement bodies;
-         
conclude
further agreements on mutual legal assistance in criminal matters with
neighbouring countries and EU Member States;
-         
explore
further modalities of cooperation with EUROJUST;
-         
develop
secondary legislation on data security;
-         
ensure
that the National Agency for Personal Data Protection is consulted on all draft
legislation concerning the processing of personal data; strengthen this
agency’s capacity;
-         
consider
further awareness raising in data protection; increase the number of data
protection officers at local levels.
6.
BLOCK 4: FUNDAMENTAL RIGHTS RELATED TO THE FREEDOM OF MOVEMENT
The
fundamental rights framework remains sound, but the Government intends to
refine it in line with the acquis. The existing anti-discrimination
framework has not been fully implemented, but steps have been taken to improve
implementation and monitoring. In May 2014, the Government approved amendments
to the law on anti-discrimination. The Assembly is expected soon to consider
the ‘human rights package’ consisting of the draft Laws on Anti-Discrimination,
Gender Equality and on the Ombudsperson. 
The
next human and fundamental rights strategy and action plan are expected to be
adopted after adoption of the ‘human rights package.’ The sanction mechanism in
the draft anti-discrimination creates various legal remedies for those subject
to human rights violations. The law relies on the 2013 Law on Courts to define
which courts may be used to make human rights claims. The primary legislation should
be complemented by secondary legislation, and the public should be informed
about available legal remedies.  
The
implementation of the strategy and action plan for the integration of the Roma,
Ashkali and Egyptian communities is continuing, albeit at a slow pace. A
mid-term review was completed in 2013 and a framework document added. This
document prioritises actions until 2015. Continued commitment is needed, especially
with regard to budget allocation and disbursement. Increased local ownership remains
crucial for implementation. 
Kosovo
citizens face no major problems in accessing travel and identity documents. 
The
Kosovo Police collects data on ethnically-motivated crimes. 44 cases have been reported
between January 2011 and March 2014, but just two ended with a court ruling. Sixteen
cases remain under investigation, and six indictments have been filed. Kosovo
should develop a harmonised definition of ethnically-motivated incidents not
limited to Article 147 of the Criminal Code. 
There
remain a large backlog of court cases in Kosovo, and there is need for more
specialised judges in certain court departments. A more efficient judiciary
with an adequate number of specialised judges would help improve the handling
of ethnically-motivated cases.  
Municipal
community safety councils exist in all Kosovo municipalities save those in the
north. These are consultative councils that also develop and implement
community safety projects. They largely function in accordance with the
legislative framework, but the quality of their performance varies.
Recommendations:

-         
Adopt
and implement the new laws on anti-discrimination and gender equality and
amendments to the law on the ombudsperson as one legislative package;
-         
ensure
that citizens have access to clear information about their rights and legal
remedies when it comes to addressing human rights violations;
-         
continue
implementation of the strategy and action plan for the integration of the Roma,
Ashkali and Egyptian communities at central and local levels;
-         
develop
a harmonised definition of ethnically-motivated incidents not limited to
Article 147 of the Criminal Code;
-         
eliminate
any overlap between the competences and activities of the municipal community
and safety councils and the municipal assemblies. 
7.
CONCLUSIONS
The
Commission has assessed the implementation of the visa roadmap by Kosovo on the
basis of information and relevant legislative and policy documents provided by
Kosovo. This evaluation has been complemented with on-site evaluation missions
carried out by the Commission services assisted by experts from EU Member
States. 
The
Commission considers that Kosovo has made good progress in implementing the visa
roadmap. However, further efforts in line with the recommendations included in
this report and the accompanying Commission Staff Working Paper are still
required. 
The
Commission will continue to assist Kosovo in the implementation of the roadmap
and actively monitor the fulfilment of all relevant benchmarks with a view to
communicating to the co-legislators further progress in the visa liberalisation
dialogue.
[*] This designation is without prejudice to positions on status, and
is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration
of independence
[2] COM (2013) 66 final.
[3] Kosovo has recently
signed readmission agreements with Estonia, Croatia, Lichtenstein, Switzerland, Norway,  Albania and Montenegro.
[4] Twelve months from
the date of repatriation.
[5] FRONTEX Western
Balkans Annual Risk Analysis 2014
[6] http://www.state.gov/j/inl/rls/nrcrpt/2013/vol1/204050.htm
http://www.unodc.org/documents/data-and-analysis/Studies/Illicit_DT_through_SEE_REPORT_2014_web.pdf