REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Second Progress Report on the implementation by Georgia of the Action Plan on Visa Liberalisation
Date: 2014-10-29
Institutions: European Commission
Subjects: EU visa policy, Georgia, aid to refugees, biometrics, data protection, fight against crime, human rights, migration control, passport, personal data, right of asylum, trafficking in human beings













EUR-Lex - 52014DC0681 - EN











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52014DC0681

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Second Progress Report on the implementation by Georgia of the Action Plan on Visa Liberalisation /* COM/2014/0681 final */









1.
INTRODUCTION
The
European Union (hereinafter the EU) launched a visa liberalisation dialogue
with Georgia on 4 June 2012. On 25 February 2013, the European Commission
presented the Georgian Government with an Action Plan on Visa Liberalisation
(VLAP) identifying the benchmarks Georgia needs to meet in order for its
citizens, who are holders of biometric passports, to travel to the Schengen
zone without the need for a visa.
On
15 November 2013, the Commission adopted its First Progress Report on the implementation
by Georgia of the VLAP.[1]
The report assessed the progress made by Georgia in the implementation of the
first phase (legislative and planning) VLAP benchmarks as very good and put
forward a number of recommendations.
In
February, March and May 2014, Georgia submitted an updated progress report. An
evaluation mission took place in spring 2014 with experts from EU Member
States, assisted by the Commission services, the European External Action
Service (EEAS) and the EU Delegation to Georgia. The mission focused on Block 3
and Block 4 of the VLAP, which had not previously been assessed on the ground. 
This
is the second and final progress report on the first phase of the
implementation of the VLAP by Georgia.[2]
It sets out how the first-phase benchmarks have been addressed and recommends
starting the assessment of the second-phase benchmarks, which concern the
effective and sustainable implementation of relevant measures. 
The
report is accompanied by a Commission Staff Working Document (CSWD), which looks
in greater detail at the developments described here. In addition, as required
by the VLAP methodology, it analyses the expected migratory and security
impacts of future visa liberalisation.
The
report follows the structure of the VLAP. Set out in sections corresponding to
the four VLAP blocks and taking into account the recommendations made in the
2013 report, it describes how the Georgian authorities have addressed the VLAP
requirements and, in the concluding section, it recommends that assessment should
move on to implementation of the second-phase VLAP benchmarks. 
2. ASSESSMENT
OF MEASURES UNDER THE FOUR BLOCKS OF THE VISA LIBERALISATION ACTION PLAN 
2.1.
Block 1: Document security, including biometrics
On
29 May 2014, the Georgian Parliament adopted amendments on the rolling-out of
biometric passports in Georgian consulates. Accordingly, since 28 July 2014
only ICAO compliant passports have been issued to Georgian citizens. On 11
February 2014, stricter conditions were introduced on the issuing of a second
passport. The Code of Conduct of the Public Service Development Agency (PSDA)
was adopted on 31 October 2013. Georgia has established a plan with an
indicative timeframe and earmarked financial resources to complete the
digitalisation of civil registries. On 29 May 2014, Georgia amended the
relevant law limiting people's right to change their first name and, as
requested, provided information on: 
-
relevant legal instruments on the capture and storage of fingerprints; 
-
the prohibition of passport extension; 
-
implementation of the 'one person one document' principle; and 
-
personal data protection regime pertaining to Block 1 benchmarks.  
2.2.
Block 2: Integrated Border Management, Migration Management, and Asylum
On
13 March 2014, the Georgian Government adopted its 'State Border Management
Strategy (2014-18)' and, on 6 May 2014, the accompanying Action Plan. The new
Strategy has a strong capacity-building component and identifies 'green border'
as one of its priority areas. 
Georgia
continued to collaborate with EU Member States, other countries and
international organisations. In order further to reinforce cooperation with the
countries in the region, it elaborated draft Bilateral Agreements on Border
Commissioners which were shared with Armenia and Azerbaijan in May 2014. 
In
December 2013, the Georgian Ministry of Internal Affairs of Georgia and the European Agency for the Management of Operational Cooperation at the
External Borders of the Member States of the EU (Frontex) concluded a Cooperation
Plan for 2013-15.
Georgia has
further strengthened its training programmes, inter alia adding a new training
module on asylum seekers and refugees to the basic training curriculum for
Patrol Police and Border Control Officers. Trainings were delivered on the 2013
'Law on Police' and, in October 2014, a new Master programme on Police
Regulation Law was launched. 
In
the area of migration management, the 'Law on the Legal Status of Aliens and
Stateless Persons' entered into force on 1 September 2014. The accompanying
by-laws were elaborated and approved by the Government on 26 August 2014. A
Migration Department was established in the Ministry of Internal Affairs on 1
September 2014. The Mobility Centre continued to function within the
EU-financed Comprehensive Post-Arrival Reintegration Assistance Programme for
Returned Migrants project, but arrangements have been made for the Ministry of
Internally Displaced Persons progressively to take-over the management of the
Centre. Construction of a temporary accommodation centre for irregular migrants
was finalised in summer 2014. 
The
Secretariat of the State Commission on Migration Issues (SCMI) continued to
monitor implementation of the 2013-15 Migration Strategy and Action Plan,
introducing necessary adjustments and updates. In September 2014, with the
support of the EU's incentive-based approach 'More for More programme' and in
cooperation with the International Centre for Migration Policy Development
(ICMPD), the Secretariat started to draw up a strategy for the next programming
period 2016-20. 
In
order to accelerate the development of a Unified Migration Analytical System, a
working group was created within the SCMI in February 2014. The group consulted
international experts on a comprehensive concept paper prepared in August 2014.
It is expected that the system will become operational by mid-2016. The ''Over-stayers'
Alert System' that has operated in test mode since April 2013 was officially
launched in September 2014.
In
the field of asylum, Georgia amended its legal framework on 26 December 2013,
introducing an amendment ensuring documentation of asylum-seekers from the very
start of the asylum procedure. Further amendments that entered into force on 1
September 2014 provide for the issuance of a temporary identity card for asylum
seekers. Georgia clarified the implementation of the provision imposing the
obligation to apply for asylum within 24 hours of the person entering the
territory: to date, there have been no cases of late applications being rejected.
The capacities of the Ministry responsible for asylum-seekers are being
strengthened; additional staff is being recruited to determine refugee status
and intensive training courses have been planned. The operational capacities of
the Country of Origin Information unit have also been strengthened. 
In
February 2014, the Georgian Government provided the necessary funding and
concluded an agreement with United Nations Refugee Agency (UNHCR)
and the United States Office of Defence Cooperation for the extension of the
reception centre in Martkopi. The planning work was completed in summer 2014
and construction will start in early autumn 2014. Georgia undertook efforts to
strengthen its data collection capacities. The Ministry of Internally Displaced
Persons, in close cooperation with UNHCR, and with UNHCR financial support,
designed a new electronic database, which is expected to become operational in
December 2014. The Ministry examined the procedures for appealing against
asylum decisions and drew up draft amendments, which it sent to UNHCR for
comments in March 2014. 
2.3.
Block 3: Public Order and Security 
Georgia
continued to make progress on preventing and fighting organised crime. In
October 2013, it adopted a 2013-2014 National Strategy on the Fight against
Organised Crime and, in November 2013, the accompanying Action Plan. The
Interagency Coordinating Council for Combating Organised Crime actively
monitors the implementation of both documents and presented its first
implementation report in July 2014.
With
the existing legal and policy framework on trafficking in human beings (THB), Georgia is suitably equipped to properly address the issue. The 2013-14 National Action
Plan is in place and the THB Council is the central coordinating mechanism for
the fight against THB. The Council elaborated the 'Guidelines for the Law
Enforcement on the Investigation and Prosecution of Trafficking Cases and
Treatment with Victims and Statutory Victims of Trafficking in Persons', which
were disseminated to all competent law enforcement authorities in June 2014.
The National Referral Mechanism, which has been in place since February 2007,
ensures that all presumed and identified victims of trafficking are dealt with
according to the prescribed legal standards. Since 2006, the State Fund for the
Protection of and Assistance to Victims of THB has been responsible for two
victim shelters, the financing of victim protection, assistance, rehabilitation
measures, and payment of compensation. The Central Criminal Police Department
in the Ministry of Internal Affairs is the law enforcement agency competent for
investigating THB. In addition, a regional service was established in the
Adjara region in January 2014. Training and awareness-raising are important
elements of Georgia's approach to preventing and combating THB and are carried
out on a regular basis. With a view to the second phase of the VLAP
implementation, Georgia is encouraged to develop the threat assessment
reporting mechanism further and, in the context of the ongoing reform of labour
law, to address the THB-related issue of a labour inspectorate mechanism. 
The
legal and institutional framework on preventing and fighting corruption is in
place. In general, the existing legislation is well-drafted, appropriate and in
accordance with European norms where these exist. New legislative provisions on
the protection of whistle-blowers entered into force on 14 April 2014. Also in
April 2014, the Anti-Corruption Interagency Coordination Council
created an ad hoc Working Group on the implementation of the Group of
States against corruption (GRECO) and United Nations Convention against
Corruption (UNCAC) recommendations, which elaborated recommendations on
political party funding that are being analysed by the Ministry of
Justice.
In order to further improve the asset declaration monitoring system, the Civil
Service Bureau conducted extensive research and public consultation on the
issue and will present a legislative proposal to the Government in autumn 2014.

There
have been positive developments in areas relating to the fight against
corruption. A new law on the civil service is being elaborated. The
so-called Civil Service Reform Concept has been prepared and the Government is
expected to adopt it in autumn 2014. At present, there is neither a
specialised prosecutor nor a specialised agency within the prosecutor’s office
dealing with corruption cases. Therefore, in order to facilitate the effective
implementation of the second-phase VLAP benchmarks, the Georgian authorities should
consider further safeguards ensuring the independence of the Chief Prosecutor
and establishing a specialised prosecutor’s office or a specialised unit for
corruption cases.  
In
the area of preventing and fighting money-laundering and the financing of
terrorism, Georgia prepared the necessary legislative amendments to the 'Law on
Facilitating the Prevention of Illicit Income Legalisation’ to follow-up the
recommendations made in 2012 by the Committee of Experts on the Evaluation of
Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL). The
amendments were reviewed by the Government in summer 2014 and are scheduled for
adoption by the Parliament during the 2014 autumn plenary session. The
shortcomings concerning the financing of terrorism, as identified by MONEYVAL,
were addressed in November 2013, when Parliament amended the relevant provision
of the Criminal Code. The amendments entered into force on 15 January 2014. Georgia signed the Council of Europe Convention on the Prevention of Terrorism (CETS 196)
in 2005 and the ratification procedure is ongoing. 
An
Inter-Agency Council for Developing and Coordinating Implementation of the
Strategy and Action Plan for Combating Money Laundering and Terrorism Financing
was established in December 2013. In March 2014, the Government adopted the
Strategy for Combating Money Laundering and Terrorism Financing (2014–17) and
accompanying Action Plan. The Financial Monitoring Service (Georgia's Financial Intelligence Unit) continued to operate. At present, the Service is not
competent to suspend suspicious transactions, even on a temporary basis, with
the exception of transactions that may be used for terrorism financing. Georgia may wish to give further consideration to this matter in the context of the second
phase of VLAP implementation. 
Georgia
continued to consolidate the legislative and policy framework in the area of
drug use prevention. On 4 December 2013, it adopted a National Drug Strategy
and Action Plan for 2014-15. The documents take into account the
recommendations of the Pompidou Group and they are in accordance with European
and international standards. In terms of financing, Georgia relies extensively
on foreign donor assistance, which, in the long run, may raise questions
concerning the sustainability of the implementation of the Strategy and Action
Plan. 
Georgia
signed the 2005 Council of Europe Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime and on the Financing of Terrorism in
March 2013 and ratified it in October 2013. In April 2014, Georgia acceded to the Hague Convention on Protection of Children, which will enter into
force on 1 March 2015. Georgia signed the 2007 Council of Europe Convention on
the Protection of Children against Sexual Exploitation and Sexual Abuse in
March 2009 and the Parliament ratified it in March 2014. The Additional
Protocol to the Criminal Law Convention on Corruption was signed in March 2013
and ratified in July 2013.  
Georgia's
legislative and institutional framework for judicial cooperation in criminal
matters is in line with European standards. In the second phase of the VLAP, Georgia could provide information on procedural safeguards available when dealing with
mutual assistance requests. Georgia could also consider further improving
qualitative data collection and training for prosecutors and judges. 
Law
enforcement cooperation has been strengthened by the introduction of an
intra-agency electronic exchange (InterFlow) software in December 2013. The
system is equipped with a digital signature, provides fast data search and
allows users to manage tasks, enabling a real-time exchange of documents in a
secured way. 
Georgia has
advanced in the area of data protection, bringing its legislative and
institutional framework further into line with European standards. On 1 August
2014, Parliament adopted a number of important amendments to the Law on
Personal Data Protection and several other laws, which include:
-
extending the mandate of the Personal Data Protection Inspector (PDPI) towards
data processing in the police sector, 
-
giving the PDPI supervisory powers over the private sector from 1 November 2014
and
-
strengthening the independence of the PDPI. 
Also,
on 2 May 2014, Parliament adopted amendments to the Criminal Code criminalising
violation of data protection rules. 
On
10 January 2014, Georgia ratified the 2001 Additional Protocol to Council of
Europe Convention No 108, which entered into force on 1 May 2014. The Minister
of Internal Affairs' Order Relating to the Processing and Protection of
Personal Data within the Ministry entered into force on 1 March 2014. 
The
PDPI’s Office continued to operate. The Office has 15 employees, including
lawyers, data security analysts, a training manager, and a filing systems
catalogues specialist. Since 2014, it has its own line in the state budget and
this is considered sufficient to finance current activities. However, in the
second phase of the VLAP, and taking into account of the extension of the
PDPI's powers and responsibilities, consideration should be given to allocating
additional financial resources. Also, it should be ensured that the PDPI Office
is located in premises which are suitable given its new functions and, in
particular, the need to ensure access by broader public.  
Beyond
the VLAP benchmarks, but relevant for their assessment, are developments
related to the judiciary and prosecution. On 1 August 2014, in line with
Organisation for Economic Co-operation and Development (OECD) recommendations,
Parliament adopted the 'Law on Amendments to the Organic Law of Georgia on
Courts of General Jurisdiction' that regulates the procedure for the lifetime
appointment of judges. The law entered into force on 19 August 2014. The 2013
amendments to the 'Law on the Prosecution Service' represent an important step
towards ensuring compliance with European standards. However, the appointment
of the Chief Prosecutor continues to be made by the Prime Minister on the
recommendation of the Minister of Justice.
2.4.
Block 4: External Relations and Fundamental Rights 
The
'Law on the Legal Status of Aliens and Stateless Persons', which entered into
force on 1 September 2014, provides the legal basis for entry, stay, transit
and departure of aliens. It defines the rights and obligations of aliens,
stateless persons, the types of and procedures for removal, and the competences
of state institutions concerned. The requisite legal framework ensuring access
to travel and identity documents for both Georgian citizens and aliens is also
in place. 
On
7 May 2014, the 'Law on the Elimination of All Forms of Discrimination'
(Anti-Discrimination Law) entered into force. The purpose of the law is 'to
eliminate every form of discrimination and to ensure equal rights of all
natural and legal persons under the legislation of Georgia, irrespective of
race, skin colour, language, sex, age, citizenship, origin, place of birth or
residence, property or social status, religion or belief, national, ethnic or
social origin, profession, marital status, health, disability, sexual
orientation, gender identity and expression, political or other opinions, or
other characteristics'. It has a wide scope and applies also to the private
sector.
The
law defines direct and indirect discrimination, covers discrimination by
association and explicitly prohibits forcing, encouraging or supporting a
person to discriminate against a third person, as well as multiple and
multi-dimensional discrimination. It also introduces the notion of positive
action in relation to gender equality and specific cases such as those
involving maternity, pregnancy, or disabilities.
The
Anti-Discrimination Law envisages the strengthening of the role of the Public
Defender as an equality body responsible for eliminating discrimination and
ensuring equality. To protect and assist victims of discrimination, the
Defender is to act as a mediator between parties with the purpose of promoting
reconciliation. The new Law envisages judicial litigation before the competent
court as the main remedy for discrimination and, in order to make the judicial
remedy more accessible, a number of amendments have been made to the Civil
Procedure Code, the Criminal Code, the Law on Gender Equality and the Law on
Public Defender to facilitate access to justice in discrimination cases. 
While
the adoption of the Anti-Discrimination Law, together with other relevant acts
of the legislative framework, provides the necessary legislative basis to
ensure the implementation of the relevant benchmark, guarantees will need to be
given in the implementation phase, especially of procedural nature, to ensure
that protection against discrimination is sufficiently and effectively ensured
and any derogation is applied in line with the principles of necessity and
proportionality. In the second phase of the VLAP, the implementation of the
Anti-Discrimination Law will be closely monitored and, if deemed necessary,
further amendments should be considered in close consultation with civil
society and international experts. 
Georgia has
a well-developed policy in the field of civic integration and the protection of
minority rights. The National Concept for Tolerance and Civil Integration and
the Action Plan (2009-14) are being implemented. In June 2013, the Government
established a high-level inter-agency commission that is working on a new
national concept and action plan. Recently, Georgia stepped up its efforts on
the right of use of minority languages in relations with public authorities and
local topographical indications and, by doing so, it started preparing the
ground for the signing and ratification of the European Charter for Regional or
Minority Languages. 
On
2 April 2014, the Georgian Parliament adopted a Resolution Ratifying the 1961
United Nations Convention on the Reduction on Statelessness. The instrument of
accession to the Convention was deposited in Geneva on 1 July 2014.  The
'Law on Georgian Citizenship', which entered into force on 11 June 2014,
brings the existing legal framework into line with the principles of the
Convention. 
The
National Human Rights Strategy (2014-20) was approved by Parliament on 30 April
2014 and the accompanying Action Plan (2014-15) by the Government on 9 July
2014. The Strategy and the Action Plan identify human rights priorities and
streamline the activities of various government agencies. The Strategy is built on four cornerstones — the
inviolability of human rights by the state, the protection of human rights from
violations by other persons, the development of the system enabling people to
enforce their rights, and raising people's awareness about their rights — and
lists 23 strategic areas of intervention. The Action Plan specifies goals,
objectives, activities, responsible agencies, timeframes and indicators. 
3.
OVERALL ASSESSMENT AND NEXT STEPS
The
Commission has assessed Georgia's implementation of the VLAP in line with the
established methodology and on the basis of the information and relevant
legislative and policy documents it has provided. An evaluation mission was
carried out by experts from EU Member States, assisted by the Commission
services, the EEAS and the EU Delegation to Georgia.  
The
EU also monitored Georgia's progress in VLAP-related areas in the EU-Georgia
Joint Visa Facilitation Committee, the EU-Georgia Joint Readmission Committee,
the EU-Georgia Subcommittee on Justice, Freedom and Security, and Human Rights
and Democracy, as well as in the Human Rights Dialogue. In each of these
committees, the dialogue and cooperation between the EU and Georgia is
considered as very advanced.
The
legislative and policy developments described in both the first progress report
and this second report are testimony to Georgia’s genuine commitment to the
visa liberalisation dialogue. On the basis of a thorough analysis of the
content and extent of the introduced reforms, the Commission is able to
conclude that Georgia has successfully attained the first-phase VLAP benchmarks
and that the second-phase benchmarks should now be assessed. 
In
the second phase, the Commission will focus on assessing the effectiveness and
sustainability of the implementation of the second-phase VLAP benchmarks. It will
also continue to monitor the adequacy of the legislative and policy framework,
as the two sets of benchmarks are closely linked. 
The
Commission will continue to assist Georgia in the implementation of the VLAP
and actively monitor its fulfilment of all VLAP benchmarks with a view to
presenting the European Parliament and the Council with a report on further
progress in 2015. 
[1] COM (2013) 808 final.
[2] The Report reflects the state of play as of 25 September 2014.