COMMISSION STAFF WORKING DOCUMENT Accompanying the 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 - 52014SC0251 - EN











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52014SC0251

COMMISSION STAFF WORKING DOCUMENT Accompanying the 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 /* SWD/2014/0251 final */









[*]
1.
INTRODUCTION
This Commission staff working document
accompanies the second report from the Commission on progress by Kosovo* in
fulfilling the requirements of the visa liberalisation roadmap. It builds on
the information and the assessment provided in the first Commission's report[2]
and, in accordance with the methodology outlined in Kosovo’s roadmap on visa
liberalisation, it analyses in detail the most relevant developments concerning
the adoption or amendment of legislation and the implementation thereof and
other measures listed in the roadmap. It also puts forward recommendations and
addresses the expected security and migratory impacts of visa liberalisation.
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[3]
as well as the main transit countries and countries of origins of irregular
migration.[4]

Readmission
functions well. Kosovo has improved the processing of readmission requests, and
the number of pending readmission cases is no longer a subject of concern. Pending
cases are processed within the timeframe set by the readmission law or
bilateral readmission agreements. The readmission of Kosovo citizens generally
functions well. There is no sufficient data about the readmission of third-country
nationals and stateless persons.
The
exchange of information with Member States’ authorities concerning special
needs of returnees has improved, although further efforts are needed in order
to facilitate the readmission of vulnerable persons, such as unaccompanied
minors or persons with health problems. The readmission statistics supplied by
Kosovo correspond to the figures provided by Member States. 
Recommendations:
-         
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
Since
February 2013, significant developments have occurred in reintegration. In
August 2013, a revised regulation on reintegration was adopted, laying down
legal remedies and providing a legal basis for establishing an Appeal
Commission. The members of the 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 spent on direct
financial help for beneficiaries and a million euros were 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. 
In
2013, the new Department of Reintegration and Repatriated Persons at the
Ministry of Internal Affairs recruited 14 permanent, full-time officers; nine
additional permanent posts have been approved for 2014. The salaries of the additional
temporary staff of approximately 30 persons continued to be paid from the
Reintegration Fund in 2013.
Only
persons who left Kosovo before 28 July 2010 and who applied within a certain timeframe[5]
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
and, since 30 April 2013, all municipalities have access to this system. It
allows basic registration but does not allow for follow-up. Guidelines on how
to use the system have been distributed to and training provided for all
Municipal Offices for Communities and Return (MOCR). So far, not all these
offices have been able to introduce and/or use the data. 
Mamush,
Junik and Malishevo/Malishevë are the three municipalities that have yet to set
up a MOCR. This stems from the small number of returnees in these regions.
However, MOCR’s duties are carried out by other municipal offices, the
municipalities are connected to the case management system, and their top
officers have undergone the required reintegration training. Reintegration
functions well in three northern Serbian municipalities of Kosovo; a
coordinator is posted in the Municipality of Mitrovica where all the necessary
duties of a MOCR are performed. Coordination between central level and MOCRs as
well as coordination between the six regional coordinators has improved
significantly, but inter-ministerial coordination and coordination among MOCRs
could be strengthened.
The
Office of Reintegration has been moved to the main terminal of the new
international airport in Pristina and, in line with EU practice, is located
just behind the passport control zone. All returnees are transferred to the office
where the application form is filled in and forwarded to the competent MOCR.
Municipal
reintegration committees approve requests for emergency assistance, which
allows for a quick response and makes it easier to meet returnees’ essential
needs upon their arrival. Requests for medical assistance, housing or business
plans are approved at central level in order to reduce administrative cost and
prevent possible abuses. There is no monitoring mechanism in respect of
implementation of business plans submitted by returnees and approved by central
authorities; once the project has been approved the money is transferred to the
beneficiary's account and there is no check on how it is being subsequently
spent or whether the business continues to function following the start-up
phase.
Returned
children have immediate access to education, although language courses and
other language support are not delivered in a systematic manner in every
municipality. Provision of health care could be further improved; in
particular, local medical staff are not always able to properly 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.
Certified
copies of 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 multiple alphabets and languages such as
Bosnian, Serbian Cyrillic and Turkish. The new certificates were printed on paper
of poor quality without the necessary security features, which may increase the
risk of forgery; therefore, the implementation of the secondary legislation has
been put on hold until paper of the appropriate quality can be procured. 
Kosovo
has amended its secondary legislation concerning the procedure and criteria
applicable to change of names and surnames. A change can be done every five
years by submitting a written justification and clearances from police,
justice, tax and land property administrations. When a name or surname change
is permitted, the personal identification number remains the same. However,
there are no clear rules regarding assessment of applications. The passport
issued to the person is cancelled electronically and physically by punching the
data page.
New
biometric identity cards were introduced in December 2013. The cards include
machine-readable zone and electronic chip and they are compliant with
International Civil Aviation Organization (ICAO) standards. An electronic chip
stores the document holder’s facial image and fingerprints encoded in
two-dimensional barcode.
After
suspension of cooperation between the Ministry of Internal Affairs and the
company contracted in 2011 to issue travel documents,[6]
a new contract has been concluded with another company and new passports were
introduced in June 2013. The new passports are compliant with required EU and
ICAO standards for travel documents. As of February 2013, the age from which
fingerprints are included in travel documents is in compliance with EU
standards, that is, 12 years. Biometrics collected when submitting an application
for an identity card or a passport are linked to the personal identity number.
The database storing data used to produce identity cards and travel documents
is not linked to any law enforcement or judicial database.
There
remain some 9 000 records available that could potentially be transferred to
the INTERPOL Stolen and Lost Travel Document database.
All
border-crossing points (BCP) are equipped with the necessary hardware and
software to control travel documents, including biometrics. Nevertheless, due
to the lack of training, biometric data are not being systematically verified
even at the busiest BCPs.
In
2013, 581 officials underwent training on the Code of Ethics for Employees of
the Civil Registration Agency, Municipal Civil Status Offices and Municipal
Civil Registration Centres. There are special mailboxes in offices where claims
about possible corruption cases can be submitted.
Within
the Civil Registration Agency a small inspectorate investigates corruption.
Despite its limited resources, 157 inspections were carried out in 2012 and 190
in 2013.
Recommendations:
-         
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 EU acquis. The new Law on Inter-agency Cooperation entered
into force in September 2013. It defines roles and responsibilities of all
public authorities involved in integrated border management. The new IBM
Strategy and Action Plan for 2013-2018 were adopted in October 2013 and they
are compliant with the EU acquis. The core legislation, strategies,
administrative instructions and standard operating procedures are all in place.

Cooperation
with neighbouring countries has improved significantly. Joint border
surveillance patrols, joint BCPs with entry-exit check procedures and an
information exchange office with Albania are operational. Joint border
surveillance patrols are carried out with the former Yugoslav Republic of
  Macedonia. Regular meetings with both neighbouring countries take place at
local, regional and national level. There are synchronised patrols with Montenegro and the possibility of having joint patrols is being explored. The delineation
of the border with Montenegro has progressed; 70 km of the border have been
delineated, leaving only 9 km. According to the IBM Technical Protocol with Serbia, six interim BCPs have been established and permanent facilities at BCPs are being
constructed. Regular meetings with Serbian authorities are carried out at all
levels with active support of the EULEX. However, the meetings tend to focus on
administrative rather than operational matters. Kosovo Force led by the North
Atlantic Treaty Organisation (KFOR) is still responsible for surveillance of
the green border between Kosovo and Serbia, but the surveillance is done less
frequently and comprehensively than before.
Kosovo
has started cooperation with FRONTEX on information exchange, risk analyses,
capacity building and training. In 2013, Kosovo appointed a focal point for
risk analysis in the Kosovo Police responsible for maintaining direct contacts
with FRONTEX.
BCPs
are arranged and sufficiently equipped to perform first and second line checks
on both entry and exit lanes. The Border Police and Customs have adequate
personnel to control traffic flows and movement of passengers, and keep the
area secure and safe. However, in practice, border checks are not always performed
systematically, particularly on exit lanes. Border authorities do not
systematically insert data concerning all passengers into the entry/exit
registry. 
The
Border Police and Customs are both connected to internet and intranet at BCPs,
but the Food and Veterinary Agency has neither internet access, which may
hinder efficient data flow between the central authority and local units.
Personnel at BCPs have access to the Border Management System, but only six BCPs
have access to the Kosovo Visa Information System. Each BCP has a database of
samples of travel documents which is updated manually; however, updates are not
introduced on a regular basis.
Border
surveillance functions well, but it needs further improvements such as an increase
in the number of available vehicles and dogs, introduction of a fast mobile
surveillance system and establishing ways of communication in challenging
sections of the border. 
In
January 2013, the National Border Management Centre was established. The Centre
is composed of staff from all border-related authorities and is responsible for
strategic and operational risk analyses at central level; international information
exchange; data protection; monitoring the movement of persons, vehicles and
goods at BCPs; detection and prevention of illegal actions, trafficking and
smuggling of goods and persons; and detection and prevention of possible
corruption activities at BCPs. At the local level, risk analyses are carried
out at BCPs. However, the practical use of this analytical tool remains
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[7].
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 border-crossing points;
-         
ensure
regular updates of samples of travel documents at each border-crossing point;
-         
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 improving the legislative
framework for migration management, including the Laws on Foreigners, Citizenship
and Asylum, and the Law on Prevention and Fight against Trafficking in Human
Beings and Protection of Victims of Trafficking, as well as secondary
legislation. 
The
new legislation introduces definitions that are compatible with the terminology
used in the EU acquis; new procedures for issuing visas; new types of
residence permits; conditions for granting permits; reflection period; and
residence permits for victims of trafficking in human beings. 
The
new legislation also stipulates that foreigners may enter and stay in the
territory of Kosovo for three months in any six-month period if they hold a
valid travel document, a visa or a residence permit, have sufficient means of
subsistence, and can justify the purpose of their stay. For the moment,
practical implementation of these provisions remains unclear as only travel
documents, residence permits and visas are being checked at BCPs.
Carriers'
obligations as defined by the new Law on Foreigners are in line with the EU acquis.
If a foreigner has been refused entry, the carrier has to take charge of that
foreigner and transport him or her back to the original place of departure. In
such cases financial sanctions are also imposed on the carrier by the Kosovo
Police.
In
July 2013, Kosovo introduced a new visa regime that affects 87 countries. As a
rule, a foreigner should apply for a visa at Kosovo's consulates and only in
exceptional cases the application can be submitted and a visa issued at BCP.
Prior to April 2014, the only two missions abroad issuing visas were the
General Consulate in Istanbul, Turkey, and the embassy in Tirana, Albania. Besides those two missions, since September 2013, eight BCPs also have access to the Kosovo
Visa Information System. Technical preparations for this system’s roll-out to
other missions abroad have started.
The
new legislative framework lays down a single procedure for obtaining temporary
residence permits and work permits. A foreigner should apply for the residence
permit at the Ministry of Internal Affairs, which conducts an ex officio
procedure with the Ministry of Labour and Social Welfare. If all required
conditions are met and both ministries agree, the final decision on granting a
residence permit and a work permit is taken by the Ministry of Internal
Affairs.
Under
the new legislative framework, foreigners working in Kosovo are granted equal
treatment as regards working conditions, freedom of association, education,
social security, recognition of diplomas and access to goods. Holders of
permanent residence permits have the right to employment, vocational training,
education, scholarship, social welfare and pension, medical insurance, access
to goods and services, etc. Currently there are no additional integration
measures for foreigners such as language courses, introduction to local
culture, history, or legal framework.
The
new legislation changes the procedure for returning illegally staying
foreigners transferring responsibility for decision-making from courts to the
Ministry of Internal Affairs, namely the Directorate of Citizenship, Asylum and
Migration. The Kosovo Police are responsible for the execution of
deportation/removal orders issued by the Directorate of Citizenship, Asylum and
Migration. The new legal provisions regulate procedures, safeguards, including the
principle of non-refoulement and voluntary return, entry bans, legal
remedies against removal, legal assistance and representation, provisions for
restriction of the freedom of movement and establishment of the detention
centre. 
The
new legislation explicitly provides appeal possibilities only for certain
categories of persons, such as victims of human trafficking and holders of work
permits. Nevertheless, provisions of the new law and administrative
instructions provide for additional legal remedies in the return procedure with
a suspensive effect or with possibility of a temporary suspension of the
decision, and a judicial review in cases of detention. 
In
2013 the Ministry of Internal Affairs allocated EUR 1 million for construction
of a new detention centre. The centre is expected to be functional by the end
of 2014. Currently, irregular migrants are accommodated at the centre for
asylum seekers in Vranidoll; a separate regime for both categories of
foreigners is ensured. Furthermore, at Pristina airport there are dedicated
premises for accommodation of foreigners who have been refused entry to Kosovo.
The law does not prescribe a time limit for accommodating migrants in these
premises.
In
December 2012, Kosovo launched a new database on migration and asylum which is
only partially operational; data on persons accommodated in the deportation
centre, and data on executed deportation procedures are currently being added.
This database is not yet interlinked with other databases containing data on
migration such as the Border Management system, the Kosovo Visa Information System
and the Kosovo Police Information System. The Law on Foreigners regulates
authorities’ access to the database taking into account safeguards provided by the
Law on Data Protection. 
In
October 2013, the National Migration Strategy and Action Plan were adopted
defining strategic and specific objectives, establishing monitoring and
evaluation mechanisms, and setting indicators for assessing achievements. The
National Authority for the Monitoring of Migration Flows was also established. 
A
migration profile for 2012 was drafted and adopted in November 2013. An
extended migration profile for 2013 is being prepared by the newly established national
authority. All relevant information and several sources will be consulted as
compared to the 2012 exercise.
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, during the following months,
corresponding secondary legislation was amended accordingly. 
The
role of the Office of the High Commissioner for Refugees (UNHCR) has been
strengthened and aligned with the provisions of Asylum Procedures Directive and
the Geneva Convention. In December 2013, the Ministry of Internal Affairs and
the UNHCR signed an agreement on technical cooperation in order to facilitate
practical implementation of legislation in the field of asylum.
In
November 2013, the Ministry of Internal Affairs and the municipality of Lipjan/Lipljan, where the reception centre for asylum seekers is located, signed a memorandum
of understanding on offering basic primary health services for asylum seekers
accommodated at the centre.
Rights
and obligations of asylum seekers and persons granted protection are in line
with the EU acquis. However, the law could be more specific on issues
such as reduction and withdrawal of material reception conditions,
accommodation of unaccompanied minors, detention of refused asylum seekers, procedure
for recognition of foreign diploma, certificates and other evidence of formal
qualifications. The provision of interpretation services could be further
improved.
A
set of trainings was organised by the European Commission, the European Asylum
Support Office (EASO), UNHCR, NGOs and IOM for asylum officers, police
officers, judges and lawyers. The Ministry of Internal Affairs provided
internal training regarding new legislation in the field of asylum. In
addition, a special training programme for officials from the Ministry is
currently being drawn up by EASO.
In
2013, Kosovo received 62 asylum applications. No refugee status has been
granted, four persons received subsidiary protection. The majority of
procedures are terminated as asylum seekers abscond before a decision is taken.
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 of Kosovo, jointly
with Norwegian authorities, launched a pilot project aimed at developing an
electronic case management system linking Kosovo Customs, the Kosovo Police, the
prosecutors and the courts.
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.
5.1.
Preventing and combating organised crime, corruption and terrorism
In
March 2013, the Government approved an Intelligence-led Policing Strategy for
2013-2014 and an action plan. In March 2014, the first serious and organised crime
threat assessment (SOCTA) was published – an important step in strengthening
evidence-based policing. Nevertheless, there is still room for improvement; in
particular, analytical skills should be further developed, interagency
cooperation should be strengthened and adequate technical and human resources
should be provided. 
A
draft Law on Interception sets out the general principles and institutional
responsibilities guiding lawful interception of various means of communication
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 newly established Directorate of Witness Protection is
sufficiently staffed, with its own budget. Three cases have been handled by the
directorate, but not a single client has been taken into its witness protection
programme or relocated. Taking into account the size of territory and
characteristics of organised crime groups in Kosovo, international relocation
of witnesses should be considered as the most appropriate tool in sensitive
cases.
In
January 2014, the Government adopted the Strategy for Prevention and Combating
Informal Economy, Money Laundering and Financing of Terrorism. Based on a
mid-term expenditure framework, the Financial Intelligence Unit (FIU) plans to
increase its staff to fully perform additional tasks provided for by the
amended law. According to the introduced changes, the FIU can carry out
inspections on its own initiative, impose penalties and prepare a national risk
assessment on money laundering and financing of terrorism. The number of
reports of suspicious transactions decreased slightly in 2013, but remains
high. Although a number of investigations into money laundering have been
launched by Kosovo Police, no convictions by the courts were reported.
In
March 2013, a new Law on Extended Powers for Confiscation of Assets Acquired by
Criminal Offence was adopted. The law provides for the confiscation of assets
which do not directly come from a criminal activity for which a person is convicted.
It also introduces, under certain conditions, the principle of reverse burden
of proof. These new legal provisions allow confiscation of assets related to
inexplicable wealth. However, the execution rate of asset confiscation remains
very low.
Kosovo
remains a transit and storage location for the trafficking of heroin and
marijuana[8].
The new Criminal Code and Criminal Procedural Code provisions offer more
effective tools for the Kosovo Police to perform drug investigations. The
National Drug Coordinator actively cooperates with law enforcement authorities,
the Ministry of Health and civil society. Preventive activities, awareness -raising
campaigns and monitoring of drugs are satisfactory. The capacity of the Kosovo
Police in preventing and investigating drug trafficking is sufficient. However,
there remain substantial concerns relating to a relatively low number of final
convictions for drug-related criminal investigations.
In
July 2013, the revised Law on Prevention of and Fight against Trafficking in
Human Beings, and Protection of Victims of Trafficking was adopted. A National
Anti-trafficking Coordinator cooperates closely with respective authorities,
social workers and civil society. An Inter-ministerial working group on combating
trafficking meets regularly. An emergency call centre has been established and
operates as the main contact point for potential victims, helping to identify
victims, referring them to proper institutions and serving as a source of
information for all stakeholders. The emergency telephone service is free of
charge and confidential. A Law on Crime Victim Compensations has been drafted.
The aim of the law is to establish and ensure efficient functioning of crime
victim compensation programme. A new Strategy on the Fight against Trafficking
in Human Beings for 2014-2019 is under preparation.
Kosovo
has also begun to address arms trafficking, but the rate of destruction of
small arms and light weapons remains low. It is estimated that after the armed
conflict, more than 300,000 weapons remained in circulation in Kosovo[9].
Considering the number of seizures in recent years[10],
a significant number could still be in Kosovo. A National Strategy on Control
and Collection of Small Arms has been in place since 2008. In 2013, amendments
to the Law on Weapons were drafted in order to eliminate translation errors and
align the three language versions as well as to further harmonise the
legislative framework with the EU acquis. The law is being discussed by
the Parliament.
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 field of 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 currently issuing
recommendations concerning 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 the field: the Public Procurement Commission and
the Procurement Review Body. The Public Procurement Commission reports on
deficiencies in and the functioning of the overall system. The Procurement
Review Body is in charge of dealing with complaints concerning irregularities.
However, the functioning of the latter could not be assessed properly as the
institution has not been operational for some time; its 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. The
law provides for payment of funding to political parties quarterly. The
payments are proportionate to the number of votes obtained during the last
election. The law also lays down limits on the amount of private donations,
namely EUR 2 000 for natural persons per year and EUR 10 000 for legal persons
per year. The law provides for checks on the expenditure of political parties,
which are required to operate a single bank account. The Central Election
Commission is seriously understaffed, which may affect the implementation of the
law in the future.
Recommendations:
-         
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.
5.2.
Law enforcement cooperation
In
2013, Kosovo concluded cooperation agreements and memorandums of understanding
on law enforcement cooperation with Hungary, Finland, Switzerland and Italy.[11]
Two technical agreements on cooperation with EULEX have been concluded, namely
in the field of witness protection and on sharing information with the aim of preventing
and detecting crime in Kosovo. In February 2014, two liaison officers were
despatched to Austria and France. Three more officers are going to be
dispatched to Belgium, Germany and Turkey in 2014.
Kosovo
has conducted a number of joint investigations and operations with neighbouring
countries—Albania, the former Yugoslav Republic of Macedonia and Montenegro—as well as Austria, Italy, and Sweden[12].
Kosovo
cooperates via EU and UN intermediares with EUROPOL and INTERPOL; regular
information exchanges with these agencies take place. Kosovo has been involved
in three joint operations with EUROPOL. 
Kosovo
has also sought closer ties with regional law enforcement cooperation
organisations, such as Southeast European Law Enforcement Centre, Southeast
European Police Chiefs Association and the Police Cooperation Convention for Southeast Europe.
Recommendations:
-         
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.
5.3.
Judicial cooperation in criminal matters
The
law on international legal cooperation in criminal matters was adopted in July
2013. The Ministry of Justice is responsible for processing all requests for
international legal cooperation and acts as the central authority for Kosovo in
representing judicial and prosecutorial authorities in relation to the foreign
countries requesting legal assistance. Fifteen judges and prosecutors act as
focal points by providing legal and practical information to local authorities
and their foreign counterparts. They also support and facilitate the
communication between judicial authorities at international level as well as
within Kosovo prior to the submission of a request for international legal
cooperation.
In
June 2013, an agreement with Italy on mutual legal assistance in criminal
matters and extradition was signed. An agreement on judicial cooperation with Germany is awaiting conclusion. Negotiations are ongoing with Montenegro, Slovenia and Croatia and should soon commence with Hungary, Austria and Bulgaria.
Kosovo
has enquired about closer cooperation with EUROJUST.
Recommendations:
-         
Conclude
further agreements on mutual legal assistance in criminal matters with
neighbouring countries and EU Member States;
-         
explore
further modalities of cooperation with EUROJUST.
5.4.
Data protection
There
has been improvement in the field of data protection. Amendments to the Law on
Protection of Personal Data have been drafted and are currently undergoing
public consultation. It is expected that they will be adopted by the end of
2014. In the framework of an EU-funded project, any further need for secondary
legislation in the field of data protection is being assessed. 
In
2013, the National Agency for Personal Data Protection (NAPDP) was consulted on
19 draft laws, seven draft regulations, 18 draft administrative instructions
and 12 other acts including an explanatory memorandum, a draft agreement,
memorandum of understandings and a concept paper concerning data protection
aspects. The NAPDP has participated on its own initiative in the consultative
process regarding the Law on Interception. Although the number of consulted
drafts has increased, there remain a significant number of draft laws that have
not been submitted to the NAPDP prior to adoption.
Not
all departments at the NAPDP are fully operational due to the lack of
sufficient financial resources and appropriately qualified personnel. The NAPDP
currently has a staff of only 13 officials; the recruitment of three additional
officials was ongoing in March 2014. 
According
to the law, all public bodies dealing with personal data processing have to
appoint data protection officials (DPOs). For the time being, more than 100
DPOs have been appointed. The NAPDP has initiated trainings and other forms of
cooperation with DPOs. However, there are still many public institutions,
especially operating at the local level, that have not yet appointed a DPO.
Recommendations:
-         
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
Government produces regular reports on the implementation of the Action Plan on
the Strategy on integration of Roma, Ashkali and Egyptian Communities 2009-2015.
A mid-term review of the strategy was published in July 2013 and a conference
organised in cooperation with the European Commission. The review and
conference have resulted in a framework of priorities, which remains
overambitious and lacks clear focus. Implementation of the action plan and the strategy
remains slow, with little ownership. The monitoring and implementation
mechanisms are unclear, especially between central and local levels.
Kosovo
citizens face no major problems in accessing travel and identity documents. The
issue of physical access to municipal buildings or civil registry offices is
being addressed. When new buildings are constructed, ramps are provided and
there are mobile teams that can address needs of people with disabilities on
the spot.  
The
2011 agreement on free movement reached between Serbia and Kosovo in the
EU-facilitated dialogue has been implemented.
The
actual number of potentially ethnically motivated incidents remains unclear. In
2013, EULEX reported 665 cases of potentially ethnically-motivated incidents.  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 
Taking
into account the large variety of different data collected and available when
it comes to potentially inter-ethnically motivated incidents or crimes, and in
order to create a better basis for future handling of potentially inter-ethnically
motivated incidents, Kosovo should develop a harmonised definition of
ethnically-motivated incidents not limited to Article 147 of the Criminal Code.
Kosovo
has a large backlog of (criminal, civil, administrative) cases. Therefore, it
is important to increase the efficiency of the judiciary, which will then also
contribute to effectively addressing the issue of potentially ethnically-motivated
incidents and crimes. The lack of specialised judges – particularly in civil
departments and for civil cases – will hopefully be partially addressed through
the ongoing recruitment of additional judges. 
Municipal
community safety councils have been set up, encouraged by the international
community, with the aim of reconciliation and public safety and security. They
are set up in all but the four municipalities in north Kosovo. These municipal
councils are chaired by the mayor and consist of representatives of the police,
each religious community, each ethnic community, local public safety councils
and NGOs. The councils discuss a wide range of issues related to safety and
communities.
These
municipal and local councils are operational, but their effectiveness varies,
which is reflected in the 2013 evaluation report of the national strategy and
action plan for community safety (2011-2016) prepared by the Ministry of
Internal Affairs. Whilst the municipal community safety councils are advisory
in nature, they are competent to develop and implement community safety
projects. Overlap between the competences and activities of the municipal
community and safety councils and the municipal assemblies should be avoided. 
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.
ASSESSMENT OF SECURITY AND MIGRATORY IMPACTS OF VISA LIBERALISATION
7.1.
Security impact of visa liberalisation with Kosovo
Regarding
the potential security impact of visa liberalisation with Kosovo, the main
challenges have remained unchanged since the last report, namely the effective
prevention and fight against organised crime and corruption. The increase in facilitated
irregular migration and trafficking in human beings[13]
has been particularly worrying. Other criminal activities such as drug and arms
trafficking and money laundering pose significant problems to EU internal
security[14].
Kosovo
is encouraged to consider recommendations set out in this report to limit the
threats posed by organised crime and corruption to the EU internal security.
7.2.
Migratory impact of visa liberalisation with Kosovo
The
Commission has continued to monitor the five performance indicators set out in
the visa roadmap[15].
A substantial decrease in these performance indicators, over the course of the
visa dialogue, will be used as an indicative reference in the Commission’s
assessments of the expected migratory impact of the liberalisation of the visa
regime with Kosovo.
Between
2012 and 2013, the following trends could be observed:
-         
the
visa refusal rate for Kosovo citizens continued to show considerable variation
in the Schengen area;
-         
the
number of Kosovo citizens refused entry to EU Member States continued to grow
from 625 to 1 400, largely as a result of Croatia’s accession to the EU;
-         
the
number of Kosovo citizens found to be illegally staying in Member States
increased from 5,200 to 7 870;
-         
the
number of asylum applications lodged by Kosovo citizens in Member States
doubled from 10 205 to 20 215, while the recognition rate dropped from 6.4% to
3.7%;
-         
the
number of rejected readmission applications increased from 131 to 437.
Figures
5.1 to 5.6 in the Annex set out the data underlying these observations:
-         
the
statistics submitted by Member States and Schengen Associated States in 2012
and 2013 confirmed the previous trend that the highest number of visas for
Kosovo citizens are still issued by Germany (16,629 in 2012 and 21,849 in
2013), Switzerland (17,619 in 2012 and 17,993 in 2013) and Italy (8,609 in 2012
and 10,633 in 2013);
-         
the
number of Kosovo citizens refused entry to EU Member States increased from 625
to 1,400 between 2012 and 2013, with the highest number recorded by Croatia in 2013;
-         
the
number of Kosovo citizens found to be illegally staying in Member States
increased from 5 200 to 7 870 between 2012 and 2013. The most significant
increase of illegally staying Kosovo citizens in comparison with previous
assessment period was reported by Hungary;
-         
the
number of asylum applications lodged by Kosovo citizens in Member states doubled
from 10 205 to 20 215 between 2012 and 2013. Hungary experienced a massive
increase in asylum applications from Kosovo during 2013. The recognition rate
of asylum applications dropped from 6.4% in 2012 to 3.7% in 2013;
-         
the
number of rejected readmission applications increased from 131 to 437 between
2012 and 2013. The number of pending applications fell from 429 to 163 between
2012 and 2013. Germany reported the highest number of rejected and pending
readmission applications.
Kosovo
is encouraged to consider the recommendations contained in this document to
mitigate the potential migratory impact on the EU of a visa-free regime with
Kosovo. 
8.
STATISTICS
5.1.
Applications for short-term Schengen visas in Prishtinë/Prishtina, Kosovo,
2012-2013
 Year || Visa category || Belgium || Germany || Greece || Finland || Hungary || Slovenia || Switzerland || Norway 
 2012 || A visas issued || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 C visas issued (MEV included) || 1,829 || 15,091 || 441 || 9 || 1,618 || 3,295 || 266 || 532 
 Multiple C visas issued || 381 || 1,481 || 157 || 140 || 1,014 || 3,289 || 3,446 || 69 
 C visas applied for || 2,774 || 21,007 || 485 || 1,282 || 2,289 || 4,631 || 22,131 || 759 
 C visas not issued || 926 || 4,407 || 44 || 293 || 671 || 1,336 || 4,578 || 227 
 Total A, C visas issued || 1,829 || 16,600 || 441 || 989 || 1,618 || 3,295 || 17,553 || 532 
 Total A,C visas applied for || 2,774 || 25,733 || 485 || 1,282 || 2,289 || 4,631 || 22,131 || 759 
 Total A, C visas not issued || 926 || - || 44 || 293 || 671 || 1,336 || 4,578 || 227 
 Not issued rate for A, C visas || 33% || 21% || 9.07% || 22.9% || 29.31% || 28.85% || 20.7% || 16.4% 
 2013 || A visas issued || - || 1 || - || 1 || - || - || 0 || 0 
 C visas issued (MEV included) || 1,913 || 18,575 || 663 || 36 || 2,066 || 3,281 || 314 || 1,279 
 Multiple C visas issued || 510 || 3,272 || 296 || 190 || 990 || 2,814 || 3,394 || 209 
 C visas applied for || 2,823 || 26,070 || 4,556 || 1,313 || 2,819 || 4,415 || 23,917 || 1,496 
 C visas not issued || 869 || 4,222 || 281 || 170 || 753 || 1,134 || 5,924 || 217 
 Total C LTV visas issued || 2 || 21,629 || 3,612 || 1,107 || 1 || 3,254 || 17,993 || 0 
 Not issued rate for C visas || 30.8% || 16% || 6.2% || 12.9% || 26.7% || 25.7% || 24.8% || 14.5% 
 Total A, C visas issued || 1,915 || 21,849 || 4,275 || 1,144 || 2,067 || 3,281 || 17,993 || 1,279 
 Total A, C visas applied for || 2,823 || 26,071 || 4,556 || 1,314 || 2,819 || 4,415 || 23,917 || 1,496 
 Total A, C visas not issued || 869 || 4,222 || 281 || 170 || 753 || 1,134 || 5,924 || 217 
 Not issued rate for A, C visas || 30.8% || 16% || 6.2% || 12.9% || 26.7% || 25.7% || 24.8% || 11.44% 
Source:
EU Office, Local Schengen Cooperation group data (These figures could not be
verified by the Commission)
5.2. Kosovo citizens
refused entry at the Schengen external borders, 2012-2013
 Member State or Associated State ||   || 2012 || 2013 
 Belgium ||   || 35 || 25 
 Bulgaria ||   || 65 || 60 
 Czech Republic ||   || 0 || 0 
 Denmark ||   || 0 || 0 
 Germany ||   || 85 || 90 
 Estonia ||   || 0 || 0 
 Ireland ||   || 5 || 10 
 Greece ||   || 40 || - 
 Spain ||   || 0 || 0 
 France ||   || 235 || 110 
 Croatia ||   || - || 720 
 Italy ||   || 30 || 50 
 Cyprus ||   || 0 || 0 
 Latvia ||   || 0 || 0 
 Lithuania ||   || 0 || 0 
 Luxembourg ||   || 0 || 0 
 Hungary ||   || 80 || 140 
 Malta ||   || 0 || 0 
 Netherlands ||   || 0 || 0 
 Austria ||   || 10 || 5 
 Poland ||   || 0 || 0 
 Portugal ||   || 0 || 0 
 Romania ||   || 0 || 0 
 Slovenia ||   || 0 || 150 
 Slovakia ||   || 0 || 0 
 Finland ||   || 0 || 0 
 Sweden ||   || 0 || 0 
 United Kingdom ||   || 40 || 40 
 Iceland ||   || - || - 
 Liechtenstein ||   || 0 || 5 
 Norway ||   || 0 || - 
 Switzerland ||   || 45 || - 
 Total (EU-28) ||   || 625 || 1,400 
 Average (EU-28) ||   || 22 || 52 
 Standard deviation (EU-28) ||   || 48 || 138 
Source:
Eurostat and DG Home Affairs calculation
5.3. Kosovo citizens
found to be illegally present in EU Member States, 2012-2013
 Member State or Associated State ||   || 2012 || 2013 
 Belgium ||   || 250 || 290 
 Bulgaria ||   || 5 || 5 
 Czech Republic ||   || 15 || 45 
 Denmark ||   || 10 || 0 
 Germany ||   || 2,645 || 3,070 
 Estonia ||   || 0 || 0 
 Ireland ||   || 25 || 5 
 Greece ||   || 95 || - 
 Spain ||   || 0 || 0 
 France ||   || 610 || 845 
 Croatia ||   || - || 275 
 Italy ||   || 180 || 180 
 Cyprus ||   || 0 || 0 
 Latvia ||   || 0 || 0 
 Lithuania ||   || 0 || 0 
 Luxembourg ||   || 20 || 25 
 Hungary ||   || 190 || 965 
 Malta ||   || 0 || 0 
 Netherlands ||   || - || - 
 Austria ||   || 495 || 1,175 
 Poland ||   || 10 || 10 
 Portugal ||   || 0 || 0 
 Romania ||   || 0 || 0 
 Slovenia ||   || 0 || 100 
 Slovakia ||   || 5 || 15 
 Finland ||   || 50 || 40 
 Sweden ||   || 525 || 725 
 United Kingdom ||   || 70 || 100 
 Iceland ||   || - || - 
 Liechtenstein ||   || 0 || 0 
 Norway ||   || 45 || - 
 Switzerland ||   || 1,280 || 1,790 
 Total (EU-28) ||   || 5,200 || 7,870 
 Average (EU-28) ||   || 200 || 303 
 Standard deviation (EU-28) ||   || 519 || 645 
Source:
Eurostat and DG Home Affairs calculation
5.4.
Asylum applications lodged by Kosovo citizens, 2012-2013
 Member State or Associated State || 2012 || 2013 
 Belgium || 1,740 || 1,270 
 Bulgaria || 0 || 0 
 Czech Republic || 10 || 10 
 Denmark || 130 || 80 
 Germany || 2,535 || 4,425 
 Estonia || 0 || 0 
 Ireland || 5 || 5 
 Greece || 0 || 0 
 Spain || 0 || 0 
 France || 3,715 || 5,550 
 Croatia || : || 5 
 Italy || 100 || 105 
 Cyprus || 0 || 0 
 Latvia || 0 || 0 
 Lithuania || 0 || 0 
 Luxembourg || 210 || 160 
 Hungary || 225 || 6,210 
 Malta || 0 || 0 
 Netherlands || 40 || 45 
 Austria || 310 || 935 
 Poland || 0 || 0 
 Portugal || 0 || 0 
 Romania || 0 || 0 
 Slovenia || 20 || 35 
 Slovakia || 0 || 0 
 Finland || 80 || 70 
 Sweden || 1,045 || 1,270 
 United Kingdom || 40 || 40 
 Iceland || 0 || 0 
 Liechtenstein || 0 || 5 
 Norway || 130 || 255 
 Switzerland || 585 || 700 
 Total (EU-28) || 10,205 || 20,215 
 Average (EU-28) || 378 || 722 
 Standard deviation (EU-28) || 876 || 1,674 
Source:
Eurostat and DG Home Affairs calculation
5.5. First instance decisions on
asylum applications lodged by Kosovo citizens, 2012 - 2013
 Member State or Associated State || Total decisions || Positive decisions || Recognition rate 
 2012 || 2013 ||   || 2012 || 2013 ||   || 2012 || 2013 ||   
 Belgium || 1,240 || 535 ||   || 95 || 30 ||   || 7.7% || 5.6% ||   
 Bulgaria || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Czech Republic || 10 || 15 ||   || 0 || 0 ||   || 0 || 0 ||   
 Denmark || 135 || 80 ||   || 10 || 0 ||   || 7.4% || 0 ||   
 Germany || 2,655 || 2,860 ||   || 55 || 35 ||   || 2.1% || 1.2% ||   
 Estonia || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Ireland || 5 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Greece || 0 || 5 ||   || 0 || 0 ||   || 0 || 0 ||   
 Spain || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 France || 2,500 || 4,415 ||   || 210 || 205 ||   || 8.4% || 4.6% ||   
 Croatia || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Italy || 85 || 110 ||   || 45 || 65 ||   || 52.9% || 59.1% ||   
 Cyprus || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Latvia || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Lithuania || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Luxembourg || 175 || 230 ||   || 0 || 5 ||   || 0 || 2.2% ||   
 Hungary || 45 || 1,010 ||   || 5 || 0 ||   || 11.1% || 0 ||   
 Malta || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Netherlands || 25 || 45 ||   || 0 || 0 ||   || 0 || 0 ||   
 Austria || 265 || 775 ||   || 35 || 30 ||   || 13.2% || 3.9% ||   
 Poland || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Portugal || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Romania || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Slovenia || 20 || 15 ||   || 0 || 0 ||   || 0 || 0 ||   
 Slovakia || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Finland || 75 || 60 ||   || 10 || 10 ||   || 13.3% || 16.7% ||   
 Sweden || 725 || 1,050 ||   || 40 || 30 ||   || 5.5% || 2.9% ||   
 United Kingdom || 15 || 20 ||   || 5 || 5 ||   || 33.3% || 25% ||   
 Iceland || 0 || 0 ||   || 0 || 0 ||   || 0 || 0 ||   
 Liechtenstein || 0 || 5 ||   || 0 || 0 ||   || 0 || 0 ||   
 Norway || 125 || 220 ||   || 5 || 10 ||   || 4% || 4.5% ||   
 Switzerland || 355 || 435 ||   || 50 || 85 ||   || 14.1% || 19.5% ||   
 Total (EU-28) || 7,975 || 1,1225 ||   || 510 || 415 ||   || 6.4% || 3.7% ||   
 Average (EU-28) || 285 || 401 ||   || 18 || 15 ||   ||   ||   ||   
 Standard deviation (EU-28) || 687 || 968 ||   || 43 || 40 ||   ||   ||   ||   

Source: DG HOME calculation based on Eurostat data
Readmission applications processed by Kosovo, 2013[16]
  
   || Member State or Associated State || Total readmission applications || Rejected applications || Pending applications || Returns[17] 
   || Belgium || 123 || 11 || 2 || 109 
 Croatia || - || - || - || - 
 France || 230 || 16 || 2 || 212 
 Germany || 1,328 || 275 || 96 || 801 
 Greece || - || - || - || - 
 Hungary || 896 || 3 || 0 || 893 
 Luxembourg || 100 || 0 || 0 || 100 
 Netherlands || 28 || 7 || 2 || 13 
 Sweden || 324 || 64 || 28 || 232 
 Switzerland || 354 || 34 || 22 || 298 
[*] 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
[3] Kosovo recently
signed readmission agreements with Estonia, Croatia and Lichtenstein, and Switzerland and Norway, and will soon be signing agreements with Italy and Latvia.
[4] Kosovo signed
readmission agreements with Albania and Montenegro.
[5] Twelve months from
the date of repatriation.
[6] The contract was
suspended upon discovery of financial irregularities.
[7] FRONTEX Western
Balkans Annual Risk Analysis 2014
[8] 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
[9] http://www.smallarmssurvey.org/fileadmin/docs/C-Special-reports/SAS-SR03-Kosovo.pdf
[10] It is reported that
KFOR has destroyed approximately 27,000 and other Kosovo authorities about
70,000 arms. 
[11] Hungary – Kosovo
agreement on cooperation on preventing and combating crime; Finland - Kosovo
memorandum of understanding on cooperation in security field; Finland – Kosovo
memorandum of understanding on cooperation in financial intelligence; Switzerland
– Kosovo agreement on police cooperation; and Italy – Kosovo customs
cooperation agreement.
[12] Joint investigations to
combat the facilitation of illegal migration have been carried out with
Montenegro, the former Yugoslav Republic of Macedonia, Italy and Austria; joint
investigations to combat drug trafficking have been carried out with Italy,
Sweden and Albania.
[13] Early warning
Notification 2013/2, EUROPOL
[14] EUROPOL SOCTA 2013
[15] They are as follows:
the visa refusal rate for applicants from Kosovo; the rate of refused entry
into the Schengen area for Kosovo citizens; the number of Kosovo citizens found
to be illegally staying in the territory of one of the Member States; the total
number of asylum applications from Kosovo citizens; and the number of rejected
readmission application submitted by a Member State to Kosovo for Kosovo
citizens.
[16] These
figures have been provided by the Member States and, where possible, cross-referenced.
[17] These figures are
based only on readmission requests.