COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Third report on progress by Kosovo* in fulfilling the requirements of the visa liberalisation roadmap
Date: 2015-12-18
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Kosovo, Schengen Information System, frontier, fundamental rights, identity document, migration policy, national implementing measure, public order, return migration

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 18.12.2015  SWD(2015) 706 final   COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Third report on progress by Kosovo* in fulfilling the requirements of the visa liberalisation roadmap {COM(2015) 906 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  document  identified  all  the  legislation  and  other  measures  that  Kosovo 
needed to adopt and implement to advance towards visa liberalisation.  

The  Commission  adopted  two  reports  on  progress  by  Kosovo  in  the  visa  dialogue:  the  first 
one on 8 February 2013;1 the second, 24 July 2014.2 These reports 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. 

This  is  the  Commission  Staff  Working  Document  accompanying  the  Commission’s  third 
report,3  setting  out  in  greater  detail  the  Commission’s  assessment  of  Kosovo’s  progress  in 
fulfilling the requirements of the visa roadmap, as well as the expected security and migratory 
impacts of visa liberalisation. 

This CSWD draws upon reports submitted by the Kosovo government, reports drafted by EU 
Member  States’  experts  participating  in  an  assessment  mission  in  July  2015,  information 
received from the EU Office in Kosovo, EULEX and EU Agencies, as well as statistical data 
compiled by Eurostat and submitted by Member States.  

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

2.  DETAILED  ASSESSMENT  OF  KOSOVO’S  PROGRESS  IN  FULFILLING  THE 
REQUIREMENTS OF THE VISA LIBERALISATION ROADMAP 

REQUIREMENTS RELATED TO READMISSION AND REINTEGRATION 

Readmission 

Kosovo fulfils all seven requirements in readmission. 

1)  Continue implementing the domestic legislation on readmission: FULFILLED 

Kosovo’s  legal  framework  on  readmission  is  in  place.  It  has  implemented  and  continues  to 
apply its law on readmission. 

2)  Continue 

implementing 

the  existing  readmission  agreements  and,  where 

appropriate, conclude new readmission agreements: FULFILLED 

Kosovo  has  concluded  readmission  agreements  with  17  EU  Member  States,  3  Schengen 
Associated States  and 2  Western Balkan countries.4  It signed a  readmission  agreement with 

* 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. 
1 COM (2013) 66 
2 COM(2014) 488 
3 COM(2015) 906 
4 Albania, Austria, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, 
Italy,  Liechtenstein,  Malta,  Montenegro,  Norway,  Slovenia,  Sweden,  Switzerland  plus  a  single  agreement 
covering Belgium, Luxembourg and the Netherlands. 

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Turkey on 15 December 2015 and launched negotiations with other states.  

3)  Ensure  rapid  and  effective  procedures  for  the  identification  and  return  of  Kosovo 
citizens,  third-country  nationals  and  stateless  persons  who  do  not,  or  no  longer, 
fulfil the conditions for entry to, presence in, or residence on the territories of one of 
the  Member  States  and  facilitate  the  transit  of  persons  in  a  spirit  of  co-operation: 
FULFILLED  

The  readmission  of  Kosovo  citizens  functions  well,  including  that  of  vulnerable  persons.5 
Kosovo  has  improved  the  processing  of  requests;  pending  cases  are  no  longer  a  concern. 
There is no data about the readmission of third-country nationals and stateless persons. 

4)  Ensure  that readmission procedures, conducted through the  appropriate channels, 

function in relation to all Member States: FULFILLED 

Readmission functions in relations to all Member States and Schengen Associated States that 
express a wish to return Kosovo citizens to Kosovo. 

5)  Strengthen  the  capacity  of  the  competent  authority  to  process  readmission 
applications and reduce the number of pending readmission requests: FULFILLED 

The  Kosovo  authority  in  charge  of  readmission  has  the  relevant  capacity  to  accept  returns 
from  EU  Member  States  and  Schengen  Associated  States. Pending  requests  are  no  longer  a 
concern. 

6)  Ensure that applications for readmission are processed in compliance with domestic 

data protection requirements: FULFILLED  

Cooperation  between  the  authority  in  charge  of  readmission  and  the  data  protection  agency 
remains satisfactory.  

7)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States,  the  European  Commission  and  EULEX  detailed  statistics  on  readmission: 
FULFILLED 

Information  sharing  and  exchange  of  statistics  between  Kosovo,  the  European  Commission 
and EULEX remains instantaneous and satisfactory. 

Reintegration 

Kosovo fulfils two of the three requirements in reintegration. 

8)  Adopt  and  implement  measures  defining  the  roles  and  responsibilities  of  the 
competent  authorities  in  charge  of  reintegration,  the  application  and  decision-
making procedure and beneficiaries’ rights and obligations under the reintegration 
programme: FULFILLED 

5  During  the  extraordinary  migration  crisis  from  Kosovo  between  September  2014  and  April  2015,  87,495 
Kosovo citizens sought asylum in EU Member States and Schengen Associated States. In the first ten months of 
2015, Kosovo readmitted 9,182 of its citizens.  

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Kosovo’s regulation on reintegration has been fully implemented, and the body dealing with 
reintegration has the necessary resources to carry out its tasks.  

9)  Implement the reintegration strategy and action plan, with a particular emphasis on 
the 
reporting  and  monitoring; 
Reintegration Fund; and enhancing the  access  of returnees, notably those from the 
Roma,  Ashkali  and  Egyptian  minorities,  to  employment,  vocational  training  and 
education: PARTIALLY FULFILLED 

the  disbursement  and  decentralisation  of 

Kosovo continues to implement its updated strategy on reintegration. 

The Kosovo budget allocated EUR 3.2 million to the Reintegration  Fund in 2015, including 
EUR 1 million for the constructions of accommodation for returnees. 20 % of this was spent 
in  the  first  half  of  this  year.  A  case  management  system  has  now  been  established,  which 
facilitates  returnees’ access to reintegration services. The cut-off date for eligibility remains 
July 2010, but those who left Kosovo thereafter can also benefit upon return from a host of 
emergency services, such as transport, shelter and medical assistance. Vulnerable individuals 
benefit  from  the  whole  range  of  services  financed  by  this  fund  regardless  of  their  date  of 
departure from Kosovo. 

In  the  first  half  of  2015,  1,542  of  the  2,744  returnees  registered  in  the  case  management 
system  (56  %)  received,  upon  return  to  Kosovo,  immediate  assistance,  such  as  transport, 
shelter,  food  and  medical  assistance;  256  persons  of  those  registered  in  the  system  (9  %) 
benefited from ‘sustainable’ reintegration services, such as jobseekers’ allowance and support 
for business plans. Training programmes for skilled returnees and the reintegration of children 
into the school system, notably through linguistic training, should be further developed. 

To fully comply with requirements in the area of reintegration, the Reintegration Fund should 
be fully disbursed, with a focus on offering assistance with employment, the establishment of 
small businesses, vocational training and linguistic training for children. 

10)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States, the European Commission and EULEX detailed statistics on the reintegration 
of returnees: FULFILLED 

The sharing of information  and the exchange of statistics on reintegration between Kosovo, 
the Commission and EULEX remains satisfactory.  

BLOCK 1: DOCUMENT SECURITY 

Kosovo fulfils eight of the nine requirements in the area of document security. 

11)  Issue  machine-readable  biometric  personal  travel  documents  in  compliance  with 
International Civil Aviation Organisation (ICAO) standards and EU standards for 
security  features  and  biometrics  in  travel  documents  and  endeavour  to  explore 
possible avenues of cooperation, through the appropriate channels, with the ICAO 
Public Key Directory: FULFILLED 

The security features of personal travel documents are satisfactory. These documents comply 
with International Civil Aviation Organisation and EU document security standards. 

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12)  Adopt and implement measures ensuring the integrity and security of the civil status 
and  civil  registration  process,  including  the  integration and  linking  of  the  relevant 
databases  and  the  verification  of  scanned  data  against  the  civil  status  database, 
paying  particular  attention  to  the  amendment  of  individuals’  basic  personal  data: 
PARTIALLY FULFILLED 

Kosovo continues to implement its legal framework on document security, made up of the law 
on travel documents, law on identity, law on personal names and law on civil status. 

Kosovo’s civil status registration system (CSRS) has greatly improved. Ongoing work aims at 
creating a single central database that merges data from existing databases while verifying the 
integrity and quality of the underlying  data. With appropriate training, a new version of the 
CSRS  was  launched  in  July  2015,  which  requires  robust  verification  each  time  a  new  civil 
status certificate is issued.  

Citizens  are  issued  a  unique  Personal  Identification  Number,  linked  to  their  biometric  data, 
when  requesting  a  civil  status  document.  This  method  has  allowed  the  Civil  Registration 
Agency to verify the personal data of 1,602,453 citizens, or 86 % of the population. 

The  changing  of  names  and  surnames  is  regulated  by  secondary  legislation  adopted  in  May 
2015  and  amended  in  November  2015.  Subject  to  a  criminal  background  check  and 
establishing that the applicant is not under criminal investigation, requests must be approved 
by  the  police  and  the  judiciary  and  can  only  be  made  once  every  five  years.  Amendments 
adopted in November 2015 established a special committee in the Civil Registration Agency 
to  verify  requests  for  name  changes  on  the  basis  of  extracts  from  the  CSRS.  In  future,  this 
committee is expected to advise local municipalities whether to approve requests.  

To fully comply with requirements in the area of document security, Kosovo should show that 
it has implemented its amended secondary legislation on name changes. 

13)  Adopt and implement measures ensuring the integrity and security of the document 
application,  issuing  and  distribution  process,  particularly  as  concerns  personal 
travel documents and ID cards, including biometric ID cards: FULFILLED 

The  personalisation  and  distribution  process  underlying  the  issuing  of  personal  travel 
documents, including biometric IDs, is satisfactory. 

14)  Adopt  and  implement  measures  ensuring  the  integrity  and  security  of  breeder 
documents,  notably  civil  status  certificates,  and  ID  cards,  including  biometric  ID 
cards; define and implement strict procedures for their issuance: FULFILLED 

The security features of breeder documents, notably civil status certificates and biometric ID 
cards,  are  satisfactory.  These  documents  comply  with  International  Civil  Aviation 
Organisation and EU document security standards. 

15)  Provide  samples  and  specimens  of  all  valid  personal  travel  documents  to  the 
competent  Member  State  authorities  and  EULEX,  communicating  any  changes 
introduced to such documents: FULFILLED  

Such  samples  have  been  provided  to  Kosovo’s  border-crossing  points  and  the  competent 
Member State authorities and verified by several EU assessment missions. 

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16)  Report to the Interpol LASP database, through the appropriate channel, on stolen 

or lost personal travel documents: FULFILLED 

Lost  and  stolen  passports  are  being  recorded  and  passed  to  Kosovo’s  International  Law 
Enforcement  Cooperation  Unit  (ILECU)  for  onward  transmission.  Without  membership  in 
Interpol, Kosovo has no access to the Lost and Stolen Interpol database. 

17)  Strengthen  the  capacity  of  the  civil  registration  agency  to  carry  out  its  tasks: 

FULFILLED 

The civil registration agency has been greatly strengthened since the last assessment mission 
in July 2014, with a set of training courses undertaken in the  past two years. This agency is 
fully capable of performing its tasks. 

In  2014,  the  Civil  Registration  Agency  concluded  memoranda  of  understanding  with  the 
Kosovo Prosecutorial Council, the Kosovo Judicial Council, the Kosovo Police, the Financial 
Intelligence  Unit,  the  Tax  Administration  and  Kosovo  Customs  to  ensure  interoperability 
between their respective databases. Most of these databases have now been interlinked. 

18)  Conduct training programmes on anti-corruption and establish an ethical code for 
officials  involved  in  the  civil  registration,  document  application  and  distribution 
process: FULFILLED 

Such training programmes were carried out in both 2014 and 2015, with an impact on staff’s 
ability to carry out their duties. 

19)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States, the European Commission and EULEX detailed statistics on the number of 
personal  travel  documents  and  ID  cards,  including  biometric  ID  cards,  issued: 
FULFILLED 

The exchange of information concerning travel documents, including samples, and changes in 
legislation between Kosovo, Member States authorities, the Commission and EULEX remains 
satisfactory. 

BLOCK 2: BORDER/BOUNDARY AND MIGRATION MANAGEMENT  

Border/boundary management 

Kosovo  fulfils  fourteen  of  the  fifteen  requirements  in  the  area  of  border/boundary 
management, including carriers’ responsibility. 

20)  Align with the EU acquis and implement legislation on integrated border/boundary 
management  (IBM),  including  new  legal  provisions  on  inter-agency  cooperation 
between the competent authorities involved in IBM: FULFILLED  

Kosovo  has  implemented  and  continues  to  apply  its  law  on  the  control  and  supervision  of 
borders. Inter-agency cooperation between the relevant authorities has greatly improved in the 
course of the visa dialogue and is considered satisfactory.  

Kosovo’s legislation is largely in line with the Schengen acquis, and checks are performed in 
line with EU standards.  

6 

 
 
21)  Implement  the  existing  bilateral  border/boundary  management  agreements  and, 
where  appropriate,  conclude  new  border/boundary  management  agreements: 
FULFILLED 

Kosovo has  concluded a set of law enforcement  cooperation with  key regional partners and 
EU Member States, many of which regulate the fight against irregular migration and migrant 
smuggling. Cooperation with neighbouring countries has improved. 

22)  Implement in a co-ordinated manner with the other party the Technical Protocol for 
implementation  of  the  IBM  Agreed  Conclusions  of  the  Dialogue  of  2  December 
2011: FULFILLED  

The  establishment  of  common  IBM  crossing  points  has  been  completed,  under  EU 
facilitation, on the basis of the IBM Agreed Conclusions of the Dialogue of 2 December 2011. 
The  interim  crossing  points  are  fully  functional,  controlling  the  flow  of  goods  and  persons. 
Good progress has been made in the establishment of permanent crossing points. 

23)  Endeavour  to  complete,  in  a  co-ordinated  manner  with  the  other  party,  the 
delineation of the border/boundary with Montenegro: PARTIALLY FULFILLED 

Kosovo signed a border/boundary delineation agreement with Montenegro in August 2015.  

To  fully  comply  with  requirements  in  the  area  of  border/boundary  management,  Kosovo 
should  ratify  this  agreement  with  Montenegro  before  visa-free  status  is  granted  to  Kosovo 
citizens. 

24)  Adopt and implement a new IBM strategy and action plan: FULFILLED 

Kosovo continues to apply its updated IBM strategy and action plan. 

25)  Improve  border/boundary  control  (checks  and  surveillance)  at  and  between  all 
border/  boundary  crossing  points,  notably  through  enhanced  risk  analysis  and 
criminal intelligence, to ensure a check on persons, vehicles and goods crossing the 
border/boundary  and  effective  surveillance  between  all  border/boundary  crossing 
points: FULFILLED 

Border/boundary-crossing  points  are  sufficiently  equipped  to  perform  first  and  second-line 
checks,  with  the  exception  of  Merdare/Merdarë,  where  a  permanent  IBM  crossing  point  is 
currently being established.  

The  relevant  authorities  have  adequate  personnel  to  control  traffic  flows  and  passenger 
movements.  All  relevant  authorities  have  situational  awareness  of  border/boundary-related 
crimes,  although  the  number  of  detected  and  investigated  cases  of  facilitated  irregular 
migration, trafficking in human beings and drug trafficking remains low. 

In  line  with  the  recommendations  of  the  expert  mission  in  July  2015,  Kosovo  authorities 
reintroduced in mid-November 2015 exit checks at the main border/boundary-crossing point 
with Albania.  

26)  Where  appropriate,  establish  joint  border/boundary  crossing  points  for  co-
ordinated  checks  and  surveillance  on  persons,  vehicles  and  goods  crossing  the 

7 

 
 
border/boundary,  including  through  stationary  and  mobile  units  and  co-ordinated 
monitoring and patrol operations: FULFILLED 

The  establishment  of  common  IBM  crossing  points  has  been  completed,  under  EU 
facilitation, on the basis of the IBM Agreed Conclusions of the Dialogue of 2 December 2011. 
The  interim  crossing  points  are  fully  functional,  controlling  the  flow  of  goods  and  persons. 
Good progress has been made in the establishment of permanent crossing points. 

27)  Enhance 

investigation  of 

the  prevention,  detection  and 

serious  cross-
border/boundary  crime,  notably  trafficking  in  human  beings,  facilitated  irregular 
migration,  trafficking  in  drugs  and  precursors,  trafficking  in  weapons  and  crimes 
committed  by  mobile  itinerant  criminal  gangs,  by  exchanging  with  the  competent 
law  enforcement  authorities  of  Member  States  and  third  countries,  in  line  with 
domestic  data  protection  requirements  and  through  the  appropriate  channel,  the 
necessary  strategic  and  operational 
intelligence: 
FULFILLED 

information  and  criminal 

The  competent  authorities  are  sufficiently  equipped  to  perform  border  surveillance;  risk 
analysis  is  used  to  monitor  high-risk  areas,  but  detections  remain  low.  The  Food  and 
Veterinary Agency has obtained internet access.  

The  exchange  of  operational  and  strategic  data  between  the  relevant  law  enforcement 
authorities, under the control of the IBM coordinator, has greatly improved. 

28)  Strengthen  the  capacity  of  the  domestic  co-ordination  centre  to  coordinate 
operational cooperation between all domestic authorities involved in IBM, including 
border surveillance: FULFILLED 

The  IBM  coordination  centre  has  greatly  improved  its  ability,  in  the  course  of  the  visa 
dialogue, to coordinate the exchange of operational and strategic information and operational 
cooperation between the relevant law enforcement authorities.  

Kosovo’s IBM centre is fully operational. It is composed of staff from all relevant 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.   

29)  On the basis of new legal provisions, enhance inter-agency cooperation between all 
competent  authorities  involved  in  IBM  and  strengthen  their  capacity  to  discharge 
their duties in an effective and impartial manner: FULFILLED 

Operational cooperation between the relevant law enforcement authorities, under the control 
of the IBM coordinator, has greatly improved in the course of the visa dialogue. 

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30)  In  line  with  domestic  data  protection  requirements,  improve  the  access  of  all 
competent  authorities 
the  existing  border/boundary 
in  IBM 
management  system  and  data  processed  by  the  domestic  co-ordination  centre: 
FULFILLED 

involved 

to 

Kosovo’s  border  management  system  is  accessible  to  all  the  relevant  law  enforcement 
authorities and operates in a satisfactory manner. 

31)  Conduct  training  programmes  on  anti-corruption  and  the  fight  against  organised 
crime and establish an ethical code for officials involved in IBM: FULFILLED 

This requirement had already been completed in 2014.  

32)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
statistics  on 
including  the  number  of  co-ordinated 

the  European  Commission  and  EULEX  detailed 

States, 
border/boundary  control  measures, 
monitoring and patrol operations: FULFILLED 

Kosovo continues to exchange statistics with Member States, the Commission and EULEX on 
border patrol operations. 

33)  Explore modalities of cooperation with FRONTEX: FULFILLED 

Kosovo’s  cooperation  with  FRONTEX  has  considerably  improved.  Staff-level  exchanges 
took  place  between  FRONTEX  and  Kosovo  in  2014,  and  FRONTEX’s  Management  Board 
has also considered upgrading cooperation with Kosovo. 

Carriers’ responsibility 

34)  Adopt  and  implement  measures  defining  the  liability  of  carriers,  including  financial 
penalties, to return third-country nationals who do not meet the conditions of entry to 
Kosovo: FULFILLED 

Carriers’ responsibility is appropriately regulated by the law on the control and supervision of 
borders. It has been fully implemented. 

Migration management 

Kosovo fulfils all ten requirements in the area of migration management. 

35)  Adopt  and  implement  legislation  on  legal  migration  in  accordance  with  the  EU 

acquis: FULFILLED 

Kosovo’s  legislation  in  migration  management—the  law  on  foreigners,  the  law  on  granting 
work permits, the law on family, the law on higher education, the law on labour, the law on 
adult education and the law on administrative procedures—is in line with the EU acquis. This 
complex legal framework is being implemented. 

Kosovo’s visa information system (KVIS) has been deployed at 15 of Kosovo’s 30 diplomatic 
or  consular  missions  abroad.  The  remaining  15  missions  not  linked  to  KVIS  are  typically 
located in EU Member States or Schengen Associated States where at least one consular post, 
typically  the  one  in  the  capital,  has  already  been  linked  to  this  system.  Owing  to  Kosovo’s 

9 

 
 
limited  diplomatic  representation  worldwide,  KVIS  is  only  available  in  a  few  American, 
African  or  Asian  capitals.  To  make  this  system  available  to  all  third-country  nationals  who 
require a visa to  enter Kosovo,6 Kosovo authorities have begun outsourcing the handling of 
visa applications to external service providers while retaining control over visa decisions. This 
process should continue. 

In  line  with  the  Schengen  Borders  Code,  visas  are  only  issued  at  Kosovo’s  borders  in 
exceptional circumstances.7  

36)  Adopt and implement legislation on irregular migration in accordance with the EU 

acquis: FULFILLED 

The law on foreigners stipulates that foreigners may enter and stay in the territory of Kosovo 
if they hold a valid travel document that includes a valid visa or temporary stay permit. It also 
regulates  the  return  of  irregular  migrants  and  detention  prior  to  removal.  In  2013,  Kosovo 
effected  legal  amendments  that  defined  procedures  for  a  fair  and  transparent  return  policy, 
including  provisions  on  return  decisions,  removal,  entry  bans,  absconding,  voluntary 
departure  and  vulnerable  persons.  The  return  procedure  is  now  regulated;  procedural 
safeguards have been developed.  

The law on foreigners stipulates that orders to leave should be accompanied by an entry ban. 
The amended rules on detention define competent authorities, detention conditions, contacts 
with  legal  representatives  or  family  members  and  the  treatment  of  vulnerable  persons.  The 
principle  of  non-refoulement  is  included  in  the  law  on  foreigners.  This  legal  framework  is 
being applied. 

In 2014, Kosovo delivered 77 residence permits to foreigners. As the integration of foreigners 
is  still  in  its  infancy,  Kosovo  should  employ  in  this  field  the  experience  it  has  obtained  in 
running its reintegration programme. 

37)  Implement  a  migration  strategy  and  action  plan;  revise  these  documents,  if 
necessary,  to  ensure  effective  action;  and  set  clear  indicators  to  measure 
performance in this field: FULFILLED  

Kosovo continues to apply its updated strategy and action plan on migration management. 

38)  Develop a migration database and provide access thereto to all authorities involved 
in  accordance  with  domestic  data  protection 

in  migration  management, 
requirements: FULFILLED 

Kosovo has developed such a database on migration and asylum. The various databases in law 
enforcement and migration are currently being interlinked.8 

6  The  citizens  of  88  countries  require  a  visa  to  enter  Kosovo.  Citizens  of  EU  Member  States  and  Schengen 
Associated States are exempted from the visa requirement. Third-country nationals who require a visa to enter 
Kosovo can do so for fifteen days if they hold a valid multiple-entry Schengen visa. These provisions also apply 
to persons holding travel documents for refugees and stateless persons. 
7  Between  October  2014  and  October  2015,  only  8  visas  were  issued  at  Kosovo’s  border/boundary-crossing 
points. 
8 These systems include the following: the border management system (BMS), the Kosovo police information 
system (KPIS), the Kosovo visa information system (KVIS), the civil status registration system (CSRS) and case 
management system for returnees, as well as the database on asylum and migration. 

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39)  Establish  and  apply  a  mechanism  for  monitoring  migration  flows;  define  a 
regularly-updated  migration  profile  for  Kosovo,  with  data  on  legal  and  irregular 
migration;  and  establish  a  public  authority  responsible  for  the  collection  and 
analysis of data on migration stocks and flows: FULFILLED  

Kosovo’s  extended  migration  profile  is  well-developed.  It  could  be  further  refined  by 
incorporating information about Kosovo’s diaspora. 

40)  Define  and  apply  a  methodology  for  inland  detections  and  improve  the  competent 
authorities’  capacity  to  prevent,  detect  and  investigate  trafficking  in  human  beings 
and the facilitation of irregular migration: FULFILLED  

Kosovo’s extended migration profile addresses appropriately the issues of migrant smuggling, 
trafficking  in  human  beings  and  the  facilitation  of  irregular  migration.  The  maturity  of  this 
document, and efforts to implement it, reflect Kosovo’s readiness to address irregular migration 
through and from Kosovo. 

41)  Establish  an  appropriate  procedure  for  the  effective  expulsion  and  removal  from 

Kosovo of illegally residing third-country nationals: FULFILLED 

Kosovo operates its detention facilities—a temporary one at Pristina airport and a permanent 
one  in  Vranidoll—in  line  with  the  EU  Return  Directive.  Returnees  have  appropriate 
procedural  safeguards  and  access  to  services,  as  required  by  the  Return  Directive.  A  leaflet 
describing procedural safeguards for returnees should be made available at both facilities. 

42)  Conduct training programmes on anti-corruption and establish an ethical code for 

officials involved in migration policy: FULFILLED 

Kosovo  has  conducted  several  training  programmes  for  officials  involved  in  migration 
management. 

43)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States,  the  European  Commission  and  EULEX  detailed  statistics  on  legal  and 
irregular migration flows and stocks: FULFILLED 

The  sharing  of  information  with  Member  States,  the  Commission  and  EULEX  in  migration 
management  remains  satisfactory.  Kosovo’s  migration  profile  was  developed  with  detailed 
input from EU actors and the International Organisation for Migration. 

44)  Explore  avenues  of  cooperation  with  regional  initiatives  on  migration,  asylum  and 

refugees: FULFILLED 

Kosovo  has  sought  to  upgrade  relations  with  the  regional  Migration,  Asylum,  Refugees 
Regional Initiative. 

11 

 
 
Asylum 

Kosovo fulfils six of the seven requirements in the area of asylum. 

45)  Align with the EU acquis and implement legislation on asylum: FULFILLED 

Kosovo’s law on asylum is in line with the EU  acquis, after a set of amendments had been 
adopted  in  2013  to  comply  with  the  Commission’s  recommendations.  Kosovo  has  the 
necessary  institutional  structure  and  resources  in  place  to  offer  international  protection  to 
asylum-seekers.  

46)  Strengthen  the  capacity  of  the  competent  authorities  to  discharge  their  duties, 
particularly as concerns reception conditions and asylum procedures: PARTIALLY 
FULFILLED 

According to UNHCR, 62 and 98 persons sought asylum in Kosovo respectively in 2013 and 
2014—four applicants received subsidiary protection in 2013; one in 2014. While the Western 
Balkan  migration  route  has  so  far  bypassed  it,  Kosovo  should  make  use  of  its  facilities  to 
grant international protection to those who merit it. 

To fully comply with requirements in the area of asylum, Kosovo should monitor the reasons 
for its low recognition rate for asylum-seekers. 

47)  Improve the existing material reception conditions, documentation and other public 
services  available  for  asylum-seekers,  including  persons  with  special  needs: 
FULFILLED  

Reception conditions for asylum-seekers, including for vulnerable persons, have improved as 
a result of implementing since 2013 the new law on asylum. 

Kosovo  stepped  up  its  cooperation  with  UNHCR  in  2015,  notably  in  the  field  of  remote 
interpretation.  It  has  drawn  up  its  own  list  of  interpreters  and  has  concluded  an  agreement 
with UNHCR to make use of its remote interpretation resource for languages that Kosovo’s 
pool does not cover.  

48)  Ensure the independence and enhance the capacity of the supervisory authority in 

charge of asylum: FULFILLED 

The  institutional  structure  in  charge  of  registering  asylum-seekers,  providing  material 
reception  conditions  and  overseeing  the  application  of  Kosovo’s  asylum  law  remains 
satisfactory.  However,  as  mentioned  above,  Kosovo  monitor  the  reasons  for  its  low 
recognition rate for asylum-seekers. 

49)  Conduct training programmes on anti-corruption and establish an ethical code for 

officials involved in asylum policy: FULFILLED 

Such training programmes have been conducted since 2013, but further training programmes 
to  familiarise  Kosovo officials  with the EU’s Common European  Asylum System  would be 
useful. 

12 

 
 
50)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States,  the  European  Commission  and  EULEX  detailed  statistics  on  asylum: 
FULFILLED 

The sharing of information and statistics on asylum between Kosovo and the Member States, 
the Commission and EULEX remains satisfactory. 

51)  Explore modalities of cooperation with EASO: FULFILLED 

Kosovo has sought to establish closer relations with EASO, with limited success beyond its 
control. 

BLOCK 3: PUBLIC ORDER AND SECURITY  

Preventing and combating organised crime, corruption and terrorism 

Kosovo fulfils twelve of the fifteen requirements in the area of combating organised crime, 
corruption and terrorism. 

52)  Adopt  and  implement  legislation  on  the  prevention,  investigation,  prosecution  and 
adjudication  of  organised  crime  and  corruption,  including  money-laundering, 
economic  and  financial  crime,  asset  confiscation  and  recovery,  as  well  as  terrorist 
financing,  in  accordance  with  the  EU  acquis,  ensuring  that  amendments  to  this 
legislation are reflected in the criminal code: FULFILLED 

Kosovo’s  new  criminal  code  and  code  of  criminal  procedure  entered  into  force  in  January 
2013 and are being implemented in practice.  

In  June  2015,  the  Assembly  adopted  amendments  to  the  four  core  laws9  that  underpin 
Kosovo’s criminal justice system. These amendments harmonised the criteria for appointing 
judges  and  dismissing  judges  and  prosecutors,  reinforcing  their  independence  by  granting 
them the power to propose their own budgets. Vacancies are currently being filled at both the 
Kosovo Judicial Council (KJC) and Kosovo Prosecutorial Council (KPC).10  

Other central pieces of legislation in the field of combating organised crime, corruption and 
terrorism include the law on the special prosecution, the law on police, the law on prevention 
of  money-laundering  and  terrorist  financing,  the  law  on  managing  sequestrated  and 
confiscated assets. These laws are being applied by the relevant institutions.  

Kosovo’s counter-terrorist effort remains functional. Foreign fighters remain a concern, with 
Kosovo  authorities  having  collected  ample  information  about  Kosovan  fighters  in  Syria.  A 
March  2015  law  on  banning  participation  in  armed  conflicts  abroad  is  being  implemented. 
The  government  has  considerably  stepped  up  its  efforts  to  counter  violent  extremism  and 
radicalisation in Kosovo, notably by enlisting the support of Islamic leaders. 

Kosovo is addressing arms trafficking, but the rate of destruction of small arms remains low. 
To  enhance  the  effectiveness  of  its  efforts  against  firearms  trafficking,  Kosovo  should  give 

9 Law on courts, Law on Kosovo Judicial Council, Law on Kosovo Prosecutorial Council, Law on prosecutor 
10  Of  the  171  prosecutorial  positions  available,  the  KPC  has  filled  157  posts.  A  call  to  recruit  15  prosecutors 
from minorities is currently under way. 

13 

 
 
                                                            
priority  to  implementing  actions  agreed  in  the  Action  Plan  on  illicit  trafficking  in  firearms 
between the EU and the South East Europe region.    

53)  Adopt  and  implement  legislation  on  the  prevention,  investigation  and  prosecution  of 
trafficking in human beings, including the sexual exploitation of children, in accordance 
with the EU acquis; ensure proactive investigations and prosecutions of trafficking in 
human beings, including dissuasive sentences for individuals found guilty of this serious 
crime; enhance the effectiveness of victim identification: FULFILLED 

In the context of the visa dialogue, Kosovo adopted in 2013 a law on preventing and combating 
trafficking in human beings and protecting victims of trafficking. It has been implemented since 
August 2013. Kosovo has stepped up its efforts to rehabilitate victims and prevent trafficking 
in human beings. 

Kosovo’s response to trafficking in human beings and migrant smuggling is acceptable. The 
police  has  a  sufficient  number  of  staff  to  investigate  crimes  related  to  trafficking  in  human 
beings and migrant smuggling. Following the extraordinary migration crisis from Kosovo in 
late 2014 and early 2015, Kosovo tightened control of bus companies that typically facilitated 
migrant smuggling. While the Western Balkan migration route has so far bypassed Kosovo, it 
has strengthened law enforcement cooperation with Serbia, Hungary and Austria. 

54)  Adopt  and  implement  legislation  on  the  prevention,  investigation  and  prosecution  of 
trafficking  in  drugs  and  precursors,  in  line  with  the  EU  acquis;  ensure  proactive 
investigations and prosecutions of this serious crime: FULFILLED 

Apart from the general criminal framework described above, Kosovo’s legislation in the fight 
against  drugs  and  precursors  includes  the  law  on  narcotic  medicaments,  psychotropic 
substances  and  precursors,  as  well  as  the  law  on  medicinal  products  and  medical  devices. 
Both pieces of legislation are being implemented. 

Kosovo has made some progress in combatting drug trafficking. It seized increasing amounts 
of  marijuana,  heroin  and  cocaine  in  2013  and  2014.  Kosovo  has  concluded  a  set  of 
memoranda of understanding with core partners and participates, through its international law 
enforcement cooperation unit (ILECU), in the Europol-led “Western Balkan route” and “Joint 
Investigation  Team  Balkans”  against  drug  trafficking.  Most  organised  crime  cases 
investigated by the police concern drug trafficking, even if final convictions in cases related to 
drug trafficking remain low. 

55)  Implement  strategies  and  action  plans  in  the  fight  against  organised  crime, 
corruption,  trafficking  in  human  beings,  trafficking  in  drugs  and  precursors, 
counter-terrorism,  crime  prevention  and  trafficking  in  weapons;  revise  these 
documents,  if  necessary,  to  ensure  effective  action;  and  set  clear  indicators  to 
measure performance in these fields: FULFILLED  

Kosovo has been implementing a set of up-to-date strategies and action plans in the field of 
combating organised crime, corruption and terrorism, notably its security strategy, its strategy 
and  action  plan  in  the  fight  against  organised  crime,  its  strategy  and  action  plan  against 
terrorism, its strategy and action plan in combating money-laundering and terrorist financing, 
its strategy and action plan in combating trafficking in human beings, its anti-drugs strategy, 
its strategy on intelligence-led policing, its small arms and light weapons strategy and action 
plan and its crime prevention strategy and action plan.  

14 

 
 
56)  Conduct proactive investigations of inexplicable wealth; establish a  sound anti-money 
laundering system; and develop and implement a solid system of asset confiscation and 
management: PARTIALLY FULFILLED 

Kosovo  has  made  some  progress  in  freezing  and  seizing  illicitly  obtained  assets,  but  only a 
small fraction of such assets has been confiscated.11 In the absence of a sufficient number of 
confiscation orders, the Agency for the Management of Sequestrated and Confiscated Assets 
(AMSCA)  is  compelled  to  manage  indefinitely  the  assets  seized  by  law  enforcement.  The 
2013 law on extended powers for confiscation of assets should be fully utilised. 

The  government’s  2014  strategy  to  prevent  money  laundering  and  terrorism  financing  has 
been implemented, but convictions for money-laundering remain low. 

To fully comply with requirements in the area of combating organised crime, corruption and 
terrorism,  Kosovo  should  build  up  a  track  record  of  investigations,  final  court  rulings  and 
confiscations  in  serious  organised  crime  and  corruption  cases,  notably  by  endowing  the 
central  coordinator  for  serious  organised  crime  and  corruption  cases  with  the  mandate  and 
resources  to  lead  multidisciplinary  teams  of  financial  investigations  and  to  monitor  the 
judicial follow-up of such cases. 

57)  Strengthen the capacity of the police and the unit responsible for financial intelligence 
to  conduct  in  an  effective  and  impartial  manner  complex  investigations  of  organised 
crime and corruption, including money-laundering and economic and financial crime: 
FULFILLED  

Please refer to the assessment under requirement 56. 

58)  Strengthen  the  capacity  of  the  police  to  detect  and  investigate,  prosecutors  to 
prosecute  and  judges  to  adjudicate,  in  an  impartial  and  effective  manner,  complex 
cases  of  organised  crime,  corruption,  economic  and  financial  crime  and  terrorism; 
establish a track record of investigations and final court rulings in cases concerning 
organised  crime  and  corruption,  including  drug  trafficking,  trafficking  in  human 
beings and money laundering: PARTIALLY FULFILLED 

Kosovo’s track record in adjudicating serious organised crime and corruption cases remains 
weak,  owing  partly  to  capacity  problems  affecting  the  judiciary.12  To  rectify  this,  the  chief 
prosecutor appointed in October 2015 the acting head of the special prosecution as the central 
coordinator  to  select  and  target  high-profile  serious  organised  crime  and  corruption  cases. 
Kosovo should now consider endowing the central coordinator’s office with the mandate and 
resources  to  lead  multidisciplinary  teams,  made  up  of  special  prosecutors,  police  officers, 
customs and tax officials, to conduct financial investigations and monitor the judicial follow-
up of high-profile organised crime and corruption cases, including asset freezing and seizure, 
the enforcement of confiscation orders and returning illicitly gained assets to society. 

11 In 2014, assets worth EUR 30 million were frozen or seized, but only EUR 128,000 was confiscated. In the 
first half of 2015, EUR 27,000 was confiscated of assets worth EUR 16 million under freezing order or seizure. 
12 The prosecution filed organised crime-related charges in 2 cases in 2013; 8 cases in 2014; and 3 cases in the 
first half of 2015. They filed charges in 314 corruption cases in 2013; 444 cases in 2014; and 128 cases in the 
first half of 2015. There are no data about final convictions in these cases. 

15 

 
 
                                                            
In  October  2015,  the  KJC  transferred  three  judges  to  the  serious  crime  department  of  the 
Basic Court of Pristina, bringing the total number of judges to 14. This welcome development 
should be extended to all serious crime departments across courts in Kosovo. Further boosting 
the  human  resources  of  basic  courts’  serious  crime  departments,  including  qualified  judges 
and support staff with an appropriate budget, should become a priority for Kosovo. 

In  2014,  the  KJC  adopted  a  strategy  to  reduce  the  backlog  of  court  cases,  which  seeks  to 
enforce,  by  the  end  of  2016,  the  majority  of  rulings  in  administrative  disputes.13  The  KJC 
should now prioritise scarce resources in such a way that judges in serious crime departments, 
with  appropriate  support  staff,  may  focus  on  adjudicating  serious  organised  crime  and 
corruption cases. 

To fully comply with requirements in the area of combating organised crime, corruption and 
terrorism,  Kosovo  should  transfer  a  sufficient  number  of  judges,  with  appropriate  support 
staff, to serious crime departments across courts in Kosovo.  

59)  Improve  coordination,  cooperation  and  the  exchange  of  information  and  criminal 
intelligence between law enforcement and judicial authorities, notably the police and 
the  prosecutorial  service,  to  improve  Kosovo’s  track  record  in  investigating  and 
prosecuting  cases  of  organised  crime  and  corruption,  economic  and  financial  crime 
and terrorism: FULFILLED 

Kosovo is working to develop an integrated case management system allowing the tracking of 
cases from the intelligence and investigative phase, through prosecution and final convictions 
to  asset recovery. The central coordinator’s office in  charge of high-profile organised crime 
and corruption cases should take steps to reinforce the operational and IT links between law 
enforcement and the prosecution. Preparatory work is under way. 

Kosovo’s law on interception was adopted in May 2015. It makes a clear distinction, from a 
legal, procedural and technical point of view, between lawful interception for the purposes of 
criminal justice and protecting Kosovo’s security. This piece of legislation also regulates data 
retention. The implementation of this core piece of legislation is under way. 

60)  Implement the existing legislation on witness protection and strengthen the capacity of 
the police to establish and operate a witness protection programme: FULFILLED  

Witness  protection  is  now  functional  in  Kosovo.  The  witness  protection  directorate  of  the 
police is sufficiently staffed, with an appropriate budget. A number of relocation agreements 
have been concluded with third countries. 

61)  Establish a reliable criminal records database, including on the basis of mutual legal 

assistance in criminal matters: FULFILLED 

Work to establish an electronic criminal records database is under way, but data still need to 
be entered into the system.  

13 Of the 102,009 cases that constituted a backlog in December 2011, Kosovo’s courts managed to enforce some 
25,275 old cases (or nearly 25 % of the backlog) in 2014. Most of these required the enforcement of verdicts 
concerning  the  payment  of  utility  bills.  The  KJC  plans  to  further  reduce  its  backlog  of  enforcement  by  2016, 
notably through alternative dispute resolution.   

16 

 
 
                                                            
62)  Ensure the effective and efficient enforcement of court decisions: FULFILLED 

Please see assessment under requirement 58. 

63)  Establish  effective  mechanisms  for  the  prevention  of  corruption  and  for  the 
identification  and  follow-up  of  corruption  risks,  including  risk  assessments  in 
vulnerable  sectors;  ensure  the  transparency,  integrity  and  accountability  of  public 
administration  and  elected  officials,  the  detection  and  removal  of  conflicts  of 
interests, the verification of public officials’ wealth and the transparency of political 
party financing: PARTIALLY FULFILLED 

Public procurement remains a major source of corruption in Kosovo.  

The Assembly adopted an amended law on public procurement on 14 December 2015, which 
among other issues created a platform for electronic procurement and sought to regularise the 
status of members of the Public Procurement Regulatory Commission, which manages public 
procurement  in  Kosovo,  and  the  Public  Procurement  Review  Body  (PPRB),  which  reviews 
decisions made by the commission. These amendments are due to enter into force in January 
2016. With allegations of collusion between the PPRB and the judiciary, as well as corruption 
allegations  against  the  head  of  the  PPRB,  it  is  key  that  Kosovo  puts  in  place  appropriate 
safeguards  to  guarantee  the  operational  independence  of  the  PPRB.  Strict  integrity  plans 
should be implemented to protect the independence of both bodies. 

Kosovo’s law on financing of political parties was put to use in the 2014 electoral campaign. 
The  Central  Electoral  Commission  (CEC)  is  now  appropriately  staffed.  During  last  year’s 
campaign, all political parties submitted to CEC their financial reports, with some receiving 
fines for the late submission of their reports. 

To fully comply with requirements in the area of combating organised crime, corruption and 
terrorism,  Kosovo  should  ensure  the  operational  independence  of  the  Public  Procurement 
Review Body. Strict integrity plans should be implemented to protect the independence of this 
body and the Public Procurement Regulatory Commission. 

64)  Enhance the effectiveness of the anti-corruption agency: FULFILLED 

The Anti-Corruption  Agency  and National Anti-Corruption Council, led by the President  of 
Kosovo,  have  stepped  up  their  cooperation.  The  Anti-Corruption  Agency  is  appropriately 
resourced and continues  to review asset declarations and monitor conflicts of interest in the 
public sector. The capacity of the Anti-Corruption Agency is sufficient to ensure compliance 
with the law on declaration of assets by senior public officials and the law on prevention of 
conflicts of interest in discharging public functions. 

65)  Conduct  training  programmes  on  anti-corruption  and  organised  crime  and 
establish  an  ethical  code  for  public  officials  involved  in  investigating,  prosecuting 
and adjudicating cases of organised crime and corruption: FULFILLED 

Kosovo  has  carried  out  a  set  of  training  programmes  on  anti-corruption  for  public  officials 
active in law enforcement. 

17 

 
 
66)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States,  the  European  Commission  and  EULEX  detailed  statistics  on  the 
investigation, prosecution and adjudication of cases of organised crime, corruption 
and terrorism: FULFILLED 

Kosovo  has  continued  to  exchange  information  and  statistics  with  Member  States  and  the 
Commission  on  ongoing  investigation  of  serious  crime  cases.  The  exchange  of  operational 
information  with  EULEX  in  the  fight  against  serious  crime,  notably  through  the  special 
prosecution, continues to be satisfactory. 

Law enforcement cooperation 

Kosovo fulfils all eleven requirements in the area of law enforcement cooperation. 

67)  Implement  the  existing  agreements  on  law  enforcement  cooperation  and,  where 

appropriate, conclude new agreements: FULFILLED 

Kosovo has concluded 55 memoranda of understanding on law enforcement cooperation with 
16 countries and EULEX.14  

68)  Where  appropriate, deploy law enforcement liaison officers to  Member States and 

third countries: FULFILLED 

Kosovo has despatched 7 liaison officers to core partners, such as Turkey, Germany, Austria 
and France. 

69)  Enhance 

investigation  of 

the  prevention,  detection  and 

serious  cross-
border/boundary  crime,  notably  trafficking  in  human  beings,  facilitated  irregular 
migration,  trafficking  in  drugs  and  precursors,  trafficking  in  weapons  and  crimes 
committed  by  mobile  itinerant  criminal  gangs,  by  exchanging  with  the  competent 
law  enforcement  authorities  of  Member  States  and  third  countries,  in  line  with 
domestic  data  protection  requirements  and  through  the  appropriate  channel,  the 
necessary  strategic  and  operational 
intelligence: 
FULFILLED  

information  and  criminal 

The  exchange  of  strategic  and  operational  information  takes  place  through  the  web  of 
Kosovo’s law enforcement memoranda of understanding and liaison officer network. 

70)  Establish  an  arrangement  with  EULEX  for  the  secure,  reliable  and  efficient 
exchange  of  strategic  and  operational  information  and  criminal  intelligence 
necessary  for  the  prevention,  detection  and  investigation  of  serious  crime; 
implement the existing arrangement with EULEX on the exchange of customs and tax 
data: FULFILLED 

The  exchange  of  strategic  and  operational  data  with  EULEX,  notably  through  the  special 
prosecution, remains satisfactory. 

14  Kosovo  has  signed  general  law  enforcement  cooperation  agreements  with  Albania,  Croatia,  the  former 
Yugoslav  Republic  of  Macedonia,  Montenegro,  Bulgaria,  France,  Finland,  Germany,  Hungary,  Sweden, 
Slovenia,  the  UK,  Switzerland  and  Turkey.  Kosovo’s  Financial  Intelligence  Unit  has  also  signed  agreements 
with Albania, the former Yugoslav Republic of Macedonia, Hungary, Poland, Switzerland and Ghana. Customs 
have concluded customs cooperation agreements with Austria and Croatia. 

18 

 
 
                                                            
71)  Ensure  that  law  enforcement  information  exchange,  conducted  through  the 
appropriate channels, functions in relation to all Member States: FULFILLED 

Law enforcement cooperation takes place either on a bilateral basis, facilitated by the police’s 
International  Law  Enforcement  Cooperation  Unit  (ILECU),  or  in  connection  to  Europol  via 
EULEX,  or  in  connection  to  Interpol  through  the  contact  point  embedded  in  the  United 
Nations  Interim  Administration  Mission  in  Kosovo  (UNMIK).  The  latter  two  also  facilitate 
law enforcement information exchange with Serbia. 

72)  Enhance  operational cooperation  with  the  law  enforcement  authorities  of  Member 
States  and  third  countries,  notably  by  conducting  joint  investigations  and 
operations: FULFILLED 

In  2015,  Kosovo  carried  out  joint  investigations  with  Austria,  the  Czech  Republic,  France, 
Germany, Hungary, Slovakia and Switzerland. 

73)  Improve the intelligence-led investigative capacity of law enforcement authorities to 

investigate serious cross-border/boundary crime: FULFILLED 

Kosovo  considerably  strengthened  intelligence-led  policing  in  2015,  which  should  be 
sustained. The Kosovo police has access to  a range of databases necessary  for its work and 
exchanges information with regional and EU partners as set out above. 

74)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States,  the  European  Commission  and  EULEX  detailed  statistics  on 
law 
enforcement  information  exchange,  joint  investigations  and  joint  operations: 
FULFILLED 

Kosovo continues to share statistics with Member States, the Commission and EULEX on law 
enforcement cooperation and joint investigations. 

75)  Explore modalities of cooperation with EUROPOL: FULFILLED 

Relations with Europol through EULEX have considerably improved, and so has cooperation 
with  Interpol  through  the  contact  point  in  UNMIK.  In  August  2015,  Kosovo  submitted  its 
application to join Interpol. 

The  Kosovo  police  has  access  to  seminars  organised  by  the  European  Police  College 
(CEPOL). 

76)  Explore avenues of cooperation with EMCDDA: FULFILLED  

The  EMCDDA  has  been  implementing  a  technical  coordination  project  with  Kosovo  since 
2009. 

77)  Explore  avenues  of  cooperation  with  regional  initiatives  on  law  enforcement 

cooperation: FULFILLED 

Kosovo  has  reached  out  to  regional  law  enforcement  bodies,  such  as  SELEC,  but  closer 
cooperation remains unlikely for the time being. 

19 

 
 
 
Judicial cooperation in criminal matters 

Kosovo fulfils all seven requirements in the area of judicial cooperation in criminal matters. 

78)  Implement  the  existing  legislation  on  international  legal  cooperation  in  criminal 

matters: FULFILLED 

Judicial cooperation in criminal matters is guided, on the Kosovo side, by Kosovo’s law on 
international legal cooperation. This law remains the bedrock of Kosovo’s legal cooperation 
framework. 

The appropriate authority is sufficiently staffed to handle incoming and outgoing requests for 
mutual legal assistance. 

79)  Implement the existing agreements on judicial co-operation in criminal matters and, 

where appropriate, conclude new agreements: FULFILLED 

Kosovo has concluded mutual legal assistance agreements with Belgium, Croatia, the former 
Yugoslav Republic of Macedonia, Germany, Italy, Switzerland and Turkey. Negotiations are 
under  way  with  Montenegro,  Slovenia  and  the  United  States.  Cooperation  with  Serbia, 
through the European Union Special Representative (EUSR), has considerably improved. 

80)  Adopt and implement measures aiming to improve the effectiveness, efficiency and 
impartiality  of  judicial  co-operation  in  criminal  matters  with  Member  States  and 
third countries: FULFILLED 

See assessment under requirement 79. 

81)  Implement  the  technical  arrangement  with  EULEX  on  mutual  legal  assistance: 

FULFILLED  

This has been fully implemented. 

82)  Ensure  that  judicial  cooperation  in  criminal  matters,  conducted  through  the 
appropriate channels, functions in relation to all Member States: FULFILLED 

Judicial  cooperation  in  criminal  matters  functions  with  EU  Member  States  either  through 
bilateral arrangements or the EUSR. 

83)  Compile  and  share  in  a  timely  manner  with  the  competent  authorities  of  Member 
States, the European Commission and EULEX detailed statistics on cases of judicial 
cooperation in criminal matters: FULFILLED 

Kosovo  continues  to  exchange  statistics  on  mutual  legal  assistance  requests  with  Member 
States, the Commission and EULEX.  

84)  Explore modalities of cooperation with EUROJUST: FULFILLED 

Kosovo has explored modalities of cooperation with Eurojust. 

Data protection 

Kosovo fulfils all three requirements in the area of data protection. 

20 

 
 
85)  Align  with  the  EU  acquis  and  implement  legislation  on  the  protection  of  personal 

data: FULFILLED 

The  law  on  protection  of  personal  data  is  in  line  with  the  EU  acquis,  although  upcoming 
amendments to the EU’s data protection framework should be integrated into Kosovo’s legal 
structure. The data protection agency has adopted secondary legislation on data security. 

86)  Ensure  the  independence  and  strengthen  the  capacity  of  the  data  protection 

authority: FULFILLED  

The  data  protection  agency  is  now  systematically  consulted  on  draft  laws  submitted  to  the 
Assembly—a power it has used to influence the content of several pieces of draft legislation. 

87)  Conduct training programmes on anti-corruption and establish an ethical code for 

officials of the data protection authority: FULFILLED 

The agency has held a number of awareness-raising events, and data protection officers have 
now been appointed at the local level. The agency’s budget should be maintained. 

BLOCK  4:  FUNDAMENTAL  RIGHTS  RELATED  TO  THE  FREEDOM  OF 
MOVEMENT 

Kosovo fulfils seven of the eight requirements in the area of fundamental rights related to 
the freedom of movement. 

Freedom of movement 

88)  Ensure that the freedom of movement of Kosovo citizens is not subject to unjustified 
restrictions,  including  measures  of  a  discriminatory  nature,  based  on  any  ground 
such as sex, race, colour, ethnic or social origin, genetic features, language, religion 
or  belief,  political  or  any  other  opinion,  belonging  to  a  minority,  property,  birth, 
disability, age or sexual orientation: PARTIALLY FULFILLED 

The  fundamental  rights  framework  remains  sound  and  has  been  strengthened  with  the 
adoption  in  May  2015  of  the  law  on  protection  from  discrimination,  the  law  on  gender 
equality and the law on the ombudsperson. The laws were adopted as one legislative package 
(Human Rights Law Package) and entered into force in June 2015. 

Implementation  of  the  ombudsperson  law  in  particular  needs  to  increase  the  capacity  and 
resources of the institution to deal with its broadened mandate. As the country's main equal 
treatment body and national preventive mechanism, it needs more staff, appropriate premises 
and the appropriate budget to fulfil its new role. Initial measures taken by the government go 
against the spirit of the new law. The government should provide appropriate premises for and 
ensure the full budgetary independence of the ombudsperson. 

The  regional  ombudspersons’  offices  ensure  that  citizens  have  access  to  information  on  its 
mandate and tasks. 

To fully comply with requirements in the area of fundamental rights related to the freedom of 
movement,  Kosovo  should  provide  appropriate  premises  for  and  ensure  the  full  budgetary 
independence of the ombudsperson. 

21 

 
 
Conditions and procedures for issuing identity documents 

89)  Ensure that all Kosovo citizens, including women, children, people with disabilities, 
persons  belonging  to  minorities  and  other  vulnerable  individuals,  have  full  and 
including  civil 
effective  access  to  personal  travel  and 
registration: FULFILLED 

identity  documents, 

The  civil  registration  of  all  Kosovo  citizens,  including  women,  children,  persons  with 
disabilities and persons belonging to minorities, has greatly improved in the course of the visa 
dialogue and is now satisfactory. 

90)  Ensure  full  and  effective  access  to  personal  travel  and  identity  documents  for 

internally displaced persons, refugees and returnees: FULFILLED 

The civil registration of refugees and returnees is fully satisfactory. 

Human rights and respect for and protection of minorities  

91)  Ensure  that  all  domestic  provisions  on  human  rights  and  the  protection  of 

minorities are fully respected: FULFILLED 

The human rights package entered into force in June 2015. Please see under requirement 89. 

92)  Adopt  and 

implement 

legislation  that  provides  effective  protection  against 

discrimination: FULFILLED 

The  law  on  protection  from  discrimination  includes  provisions  to  prevent  and  combat 
discrimination,  to  promote  effective  equality and  to  put  into  effect  the  principle  of  equal 
treatment of all persons before the law. The law on gender equality enshrined full respect for 
women's  rights  in  accordance  with  international  standards.  The  new  ombudsperson  law 
improved  legislation  on  the  ombudsperson  institution,  extending  its  mandate  and  boosting 
provisions for its independence and impartiality. Implementation of these laws will require the 
adoption of eight bylaws by end of 2015. 

93)  Ensure  that  the  relevant  legislation  defining  the  conditions  and  circumstances  of 

acquiring Kosovo citizenship is adequately implemented: FULFILLED  

The  acquisition  of  Kosovo  citizenship  is  appropriately  regulated  by  the  amended  law  on 
citizenship adopted in 2013. 

94)  Ensure that ethnically-motivated incidents carried out in the area of free movement, 
including  those  targeting  persons  belonging  to  minorities,  are  fully  investigated: 
FULFILLED 

A  strict  application  of  Article  147  of  the  criminal  code  would  not  cover  all  ethnically 
motivated incidents, as this article does not cover intentions behind a crime. The exclusive use 
of  this  article  would  mean  that  the  registration  of  incidents  may  not  take  account  of  their 
potential ethnic motivation. This gap could be addressed by employing Article 74.2.12 of the 
criminal code, which takes account of whether a crime is ethnically motivated. 

In 2014, Kosovo Police recorded 19 potentially ethnically-motivated cases. In the last quarter 
of 2014, 26 potentially ethnically-motivated cases were reported. A tracking mechanism has 

22 

 
 
been operational since 2014. However, the number of potentially ethnically motivated crimes 
remains unclear, as statistics are not collected in a harmonised way by the Kosovo police.  

95)  Adopt  and  implement  measures  that  enhance  the  effective  integration  of  persons 
belonging  to  the  Kosovo  Serb,  Roma,  Ashkali,  Egyptian,  Bosniak,  Turkish  and 
Gorani minorities: FULFILLED 

The government has also continued implementing the strategy and action plan for integration 
of Roma, Ashkali and Egyptian communities. Further funding was allocated and spent at local 
level, to benefit different undertakings targeting the Roma, Ashkali and Egyptian minorities. 

There  are  now  regulations  in  place  that  make  it  possible  to  avoid  overlaps  between  the 
mandates  of  municipal  community  safety  councils  and  municipal  assemblies.  A  manual  for 
the councils was published in January 2015.  

3.  ASSESSMENT  OF  SECURITY  AND  MIGRATORY  IMPACTS  OF  VISA 
LIBERALISATION  

3.1. Security: Current situation and potential impact of visa liberalisation with Kosovo 

Kosovo  continues  to  face  challenges  in  effectively  preventing  and  combating  organised 
crime  and  corruption.  Criminal  networks  operating  in  Kosovo  continue  to  pose  a 
considerable threat to the internal security of the European Union. 

3.1.1. Current situation 

Geographical reach  

Albanian-speaking  organised  crime  groups  are  already  present  and  engaged  in  criminal 
activities  in  19  Member  States  and  Schengen  Associated  States.  Such  groups  can  be 
composed of citizens not only of Kosovo, but also of Albania, the former Yugoslav Republic 
of Macedonia and Serbia. Some also hold EU citizenship. They often have interests in their 
region of origin and maintain contacts with diaspora communities. 

Some members of these groups return to Kosovo to evade prosecution abroad, while others 
have been known to run operations in the EU from Kosovo. 

Criminal sectors 

These  groups  are  active  in  a  considerable  range  of  crime  areas,  and  there  are  indications 
that they pose a considerable threat in the following sectors: 

-  Drug trafficking, such as the production and trafficking of cannabis and trafficking of 

heroin and cocaine;  

-  Some  groups  may  have  become  active  in  facilitating  the  irregular  migration  of 

Kosovo citizens and, to a lesser extent, third-country nationals to the EU; 

-  Corruption, money-laundering and fraud, including excise and benefit fraud; 

-  Trafficking in human beings, notably for sexual exploitation; 

23 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
-  The illicit trafficking of small arms and light weapons. 

Counterfeit commodity smuggling undertaken by some of these groups remains a problem 
affecting the Western Balkans rather than the EU. 

Drug trafficking 

In  the  heroin  and  cocaine  trade  affecting  the  EU,  the  Western  Balkan  route,  including 
Kosovo, continues to play an important role. Kosovo is still used as a storage location and 
distribution centre for trafficked heroin.  

Despite a significant law enforcement effort in 2014-2015 to eradicate cannabis plantations, 
production continues in  Kosovo on  a smaller scale.  Cannabis is  produced  for the regional 
market,  and  large  seizures  in  2014  indicate  that  most  of  the  cannabis  is  trafficked  from 
Albania through Kosovo to EU Member States. 

Cannabis  grown  in  Albania  and  Kosovo  is  distributed  in  some  EU  Member  States  and 
Schengen Associated States. Some competition in the cannabis trade with organised crime 
groups active in the EU has also been detected. 

Kosovo is less exposed to the trafficking of synthetic drugs, although precursors have been 
detected in lorries. 

Most of these groups also engage in serious crimes other than drug trafficking. 

Facilitating irregular migration 

Some criminal groups involved in facilitating irregular migration have focused on Kosovo 
citizens in particular. Some facilitators are members of the diaspora community; others are 
former migrants themselves.  

These groups often employ EU nationals as drivers or local smugglers and cooperate with 
document  forgers  who  facilitate  their  services.  In  the  past,  private  cars  were  most  often 
used;  but  the  extraordinary  migration  crisis  from  Kosovo  between  September  2014  and 
March 2015 showed an increasing reliance on bus companies. Corrupt border officials have 
been known to be bribed to facilitate passenger movement.  

False  residence  permits  in  some  EU  Member  States  and  Schengen  Associate  States  have 
been  used  to  regularise  migrants’  stay  in  the  Schengen  area.  Some  travel  agencies  have 
offered  fraudulent  document  packages  to  Kosovo  citizens  seeking  to  apply  for  Schengen 
visas.  Another  method  of  document  fraud  involves  applications  for  Serbian  biometric 
passports,  in  circumvention  of  the  residence  requirement  that  is  necessary  in  Serbia  to 
qualify for such travel documents. Bribery is sometimes used to facilitate this process. 

Counterfeit  documents  have  often  been  used  by  these  groups  to  facilitate  irregular 
migration. 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Corruption, money-laundering and fraud 

Kosovo has a legislative and institutional framework against corruption in place.  However, 
implementation  remains  a  challenge.  Transparency  International’s  2014  Corruption 
Perceptions  Index15  ranked  Kosovo  110th  of  174  countries  surveyed  globally,  level  with 
Albania. Kosovo (and Albania) had the worst ranking in the Western Balkans for a second 
consecutive year.   

Despite  recent  progress  in  modernising  the  legislative  framework  and  the  enforcement  of  a 
centralised  public  procurement  system,  public  procurement  remains  a  major  source  of 
corruption in Kosovo. 

The  trafficking  of  counterfeit  medicine  and  cigarettes  remains  a  moderate  problem  in 
Kosovo. Fuel smuggling, particularly in the north of Kosovo, remains a problem. 

The  illicit  proceeds  of  serious  crime  are  increasingly  invested  in  legitimate  businesses  in 
EU  Member  States  and  Schengen  Associated  States.  The  most  common  form  of  money-
laundering  include  investing  in  real  estate,  use  of  tax  havens  and  investing  in  businesses, 
such  as  restaurants,  bars,  casinos,  travel  companies  and  construction  companies  in  the 
Western Balkans and some EU Member States. 

Trafficking in human beings 

Kosovo continues  to  be  affected  by  trafficking in human  beings.  Earlier, citizens of  other 
countries  were  trafficked  to  Kosovo  for  sexual  exploitation;  today,  Kosovo  citizens  are 
increasingly becoming the victims of this serious crime. 

Workers  from  Kosovo  have  also  been  trafficked  to  EU  Member  States  for  labour 
exploitation, using fraudulent documents. 

Trafficking of small arms and light weapons 

Reactivated small weapons are sometimes converted in Kosovo before being trafficked to 
the EU. Nevertheless, weapon tracing and law enforcement controls of arms have  improved 
in Kosovo. 

Criminal methods 

Some groups have also been known to set up legal businesses, such as shops, restaurants, 
casinos and workshops, across the Western Balkan to facilitate their criminal enterprises. 

Corruption and bribery of public officials both in the Western Balkans and sometimes also 
in the EU are used when necessary to facilitate criminal enterprises. 

Some  of  these  groups  have  also  established  criminal  partnerships  in  the  Western  Balkans 
and Member States. In the EU, such partnerships have been observed with Italian organised 
crime groups and Nigerian and Moroccan groups active in Member States. In the Western 

15 https://www.transparency.org/cpi2014/results 

25 

 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
                                                            
Balkans,  Kosovo-based  groups  have  set  up  partnerships  with  Turkish,  Romanian  and 
Bulgarian organised crime groups. 

Violence is sometimes used to maintain discipline; several members possess firearms. 

Many of these groups are financially well off and are capable of laundering the proceeds of 
crime in other sectors or legitimate businesses. Poorer groups have sometimes  resorted to 
extortion and loan sharking to boost profits. 

3.1.2. Potential impact of visa liberalisation with Kosovo 

Albanian-speaking organised crime groups are already able to manage movements between 
the EU and Kosovo and are often connected to organised crime groups in their diaspora. It 
is therefore uncertain whether visa liberalisation would have a strong impact on the scope 
of operations and modi operandi of many Albanian-speaking organised-crime groups.  

3.1.3. Recommendations 

To address these threats and fully comply with the visa liberalisation roadmap’s requirements 
in the area of combating organised crime and corruption, Kosovo should do the following: 

-  Transfer  a  sufficient  number  of  judges,  with  appropriate  support  staff,  to  serious  crime 

departments across courts in Kosovo; 

-  Build up a track record of investigations, final court rulings and confiscations in serious 
organised  crime  and  corruption  cases,  notably  by  endowing  the  central  coordinator  for 
serious  organised  crime  and  corruption  cases  with  the  mandate  and  resources  to  lead 
multidisciplinary teams of financial investigations and to monitor the judicial follow-up of 
such cases;  

-  Ensure  the  operational  independence  of  the  Public  Procurement  Review  Body.  Strict 
integrity  plans  should  be  implemented  to  protect  the  independence  of  this  body  and  the 
Public Procurement Regulatory Commission. 

3.2. Migration: current situation and potential impact of visa liberalisation with Kosovo 

3.2.1. Current situation 

Irregular  migration  numbers  from  Kosovo  to  the  EU  have  fluctuated  over  the  past  years  and 
have varied across Member States. While late 2014 and early 2015 saw an unprecedented rise in 
irregular migration and a corresponding increase in asylum applications from Kosovo citizens to 
the EU, these numbers have declined since May 2015.   

Extraordinary migration crisis from Kosovo, September 2014-April 2015 

Kosovo witnessed an extraordinary migration crisis between September 2014 and March 
2015, involving the large-scale movement of its citizens, via Serbia and Hungary, mainly to 
Germany and Austria. According to Eurostat, 87,495 Kosovo citizens sought asylum in the 
EU and Schengen Associated States between September 2014 and April 2015. 

26 

 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
The July 2011 agreement on freedom of movement between Belgrade and Pristina enabled, as 
of  December  2011,  the  crossing  of  the  Kosovo-Serbia  border/boundary  with  an  ID  and 
entry/exit  form.  Since  November  2014,  new  Serbian  border-crossing  points  have  also  been 
opened along Serbia’s borders with its neighbours that facilitated movements. 

Decisions  by  German  administrative  courts  to  halt  Dublin  transfers  to  Hungary,  as  of  mid-
2014, may have acted as a pull factor. France’s decision in October 2014 to take Kosovo off 
its safe country of origin list may also have acted as another pull factor. Kosovo has a large 
diaspora community mainly in Germany, Switzerland and Sweden, which makes it relatively 
easy for migrants to find a support network in the destination countries.  

This  migration  crisis  typically  involved  young  ethnic  Albanian  men,  some  travelling  with 
their families. In the past, members of minority community were more likely to migrate. 

The  migrants’  travel  from  Kosovo  to  Serbia  was  facilitated  by  bus  companies.  These 
companies  used  the  local  media  to  advertise  their  services.  When  these  buses  crossed  the 
border/boundary-crossing  point  with  Serbia,  border  guards  would  check  travellers’  identity, 
but  not  other  conditions  of  the  Schengen  Borders  Code.  FRONTEX  estimated  that  Kosovo 
border guards dissuaded more than 5,000 travellers from entering Serbia in 2014.  

Kosovo  citizens  then  made  their  way  from  Belgrade  to  Subotica  and  typically  crossed  the 
Serbian-Hungarian green border. Having irregularly crossed into the Schengen area, migrants 
would most often be apprehended by Hungarian police and submit an asylum application. The 
average  Kosovo citizen stayed in  Hungary for 2-5 days  before absconding,  continuing  their 
journeys to Germany, Austria and other Member States. 

Figure  3.2.1.  Asylum  applications  lodged  by  Kosovo  citizens  in  EU  Member  States  and 
Schengen Associated States, 2014-2015 

Source: FRONTEX Risk Analysis Network data, 2015 

27 

 
 
 
 
 
 
 
 
 
 
Figure 3.2.2. Effective returns to Kosovo from Member States & Schengen Associated States 

Source: FRONTEX Risk Analysis Network data, 2015 

Kosovo’s steps to contain the extraordinary migration crisis, February-April 2015 

Under  EU  facilitation  and  in  close  cooperation  with  Serbia,  Kosovo  took  a  number  of 
immediate operational steps that contributed to reducing migration flows as of March 2015. 
Since  May  2015,  the  number  of  asylum  applications  have  continuously  decreased  from 
2,850 applications in May to 1,155 in September 2015.  

Among others, Kosovo took the following steps to reduce the migration flows: 

1)  Organised a targeted information campaign, including at its border/ boundary-crossing 
points  with  Serbia.  This  included  the  distribution  of  leaflets  in  the  official  languages  of 
Kosovo  and  senior  politicians,  including  the  President,  informing  citizens  in  the  public 
media  of  the  consequences  of  irregular  entry  to  the  Schengen  area,  overstay  in  the 
Schengen area and receiving a five-year Schengen entry ban; 

2)  Enhanced  border  controls,  including  first  and  second-line  checks  and  surveillance, 
along its border/boundary-crossing points with Serbia, by thoroughly checking ID cards, 
the administrative licences of buses and explaining the conditions of entry to the Schengen 
area. Kosovo was reminded that its practice of “dissuading” citizens from leaving Kosovo 
must be in line with travellers’ fundamental rights;    

3)  Stepped  up  investigations  of  travel  companies  facilitating  transfers  to  Serbia,  with  a 
focus  on  newly  established  companies.  This  included  revoking  the  licences  of  bus 
companies that did not meet the conditions of transport and domestic legislation; 

28 

 
 
 
 
 
 
 
 
 
 
  
4)  Ensured  the  reception  of  returnees  to  Kosovo  from  all  EU  Member  States,  finding 
practical  arrangements  for  their  identification,  registering  them  in  the  reintegration 
database, providing comprehensive information on the benefits they might be eligible for 
and ensuring their transfer from the border to home municipalities; 

5)  Took steps to enhance information exchange, via EULEX, with Europol on the criminal 
aspects  of  irregular  migration,  with  FRONTEX  on  migration-related  risk  analysis  and 
with EASO on asylum trends.  

3.2.2. Potential impact of visa liberalisation with Kosovo 

As  of  May  2015,  the  Kosovo  authorities  introduced  several  mitigating  measures  that  have 
contributed to reducing irregular migration flows and informing Kosovo citizens about their 
rights and obligations to enter the Schengen area. 

The measures taken by the Kosovo authorities to prevent a new migration crisis should remain in 
place. 

3.2.3. Recommendations 

To  prevent  a  similar  migration  crisis  in  the  future,  Kosovo  is  encouraged  to  deploy  the 
above  instruments  should  the  need  arise.  Kosovo  should  continue  to  organise  targeted 
information campaigns aiming to clarify the rights and obligations of visa-free travel to the 
Schengen area and the rules regulating access to the EU labour market. 

Kosovo is also encouraged to consider the following recommendation contained in the third 
Commission report to mitigate the potential migratory impact on the EU of a visa-free regime:  

-  To  fully  comply  with  requirements  in  the  area  of  reintegration,  the  Reintegration  Fund 
should  be  fully  disbursed,  with  a  focus  on  offering  assistance  with  employment,  the 
establishment of small businesses, vocational training and linguistic training for children. 

3.3. Migratory performance indicators 

The Commission has continued to monitor the five performance indicators set out in the visa 
roadmap.16 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.  

Last year, the following trends could be observed:  

- 

the  visa  refusal  rate  for  Kosovo  citizens,  calculated  as  an  average  for  13  EU  Member 
States and Schengen Associated States, rose by 1% from 20.1% to 21.1% between 2013 
and 2014 (see Figure 2.1); 

16  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. 

29 

 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
                                                            
- 

- 

- 

the  number  of  Kosovo  citizens  refused  entry  at  Schengen  external  borders  fell  by 11% 
from 1,465 to 1,315 between 2013 and 2014. With 560 refusals of entry, Croatia remains 
the most affected (see Figure 2.2); 

the  number  of  Kosovo  citizens  found  to  be  illegally  staying  in  EU  Member  States  or 
Schengen Associated States rose by 38% from 9,785 to 13,545 between 2013 and 2014. 
With 4,110 detections of illegal stay, Germany remains the most affected Member State 
(see Figure 2.3);  

the  number  of  asylum  applications  lodged  by  Kosovo  citizens  in  EU  Member  States  or 
Schengen Associates States rose by 82% from 21,175 to 38,450 between 2013 and 2014. 
As a result of the extraordinary migration flows from Kosovo in late 2014 and early 2015, 
the total number of asylum applications lodged by Kosovo citizens  increased to 67,975 
in  the  first  nine  months  of  2015.  The  majority  of  these  applications  were  lodged  from 
January  to  April  2015  (57,460),  whereas  from  May  to  September  2015  the  numbers 
decreased (10,355). With 34,195 applications in the first three quarters of 2015, Germany 
remains  the  most  affected  Member  State  (see  Figure  2.4).  The  recognition  rate  at  first 
instance increased from 4.5% to 7.3% between 2013 and 2014 (see Figure 2.5). However, 
it notably decreased to 1.9% in the first half of 2015 to 2.0% in the first three quarters of 
2015.  This  rate  could  fall  further  in  the  future  should  the  co-legislators  adopt  the 
Commission’s  proposal  to  place  Kosovo  on  an  EU  common  list  of  safe  countries  of 
origin;17 

-  The number of rejected readmission applications by Kosovo fell by 49% from 404 to 208 
and fell further to 188 in the first 10 months of 2015. In 2015, Kosovo rejected just 188 of 
10,144 of readmission requests—or less than 2%—submitted by EU Member States and 
Schengen Associated States, indicating that readmission works in practice. 

Conclusion 

An overview of the migratory performance indicators that the Commission uses to monitor the 
potential migratory impact of visa liberalisation suggests the following: 

-  The number of refusals of entry and the number of rejected readmission applications 

fell in the reporting period, as required by the visa liberalisation roadmap; 

-  The  number  of  asylum  applications,  however,  rose  substantially  as  a  result  of  the 

extraordinary migration crisis in late 2014-early 2015;  

-  The number of Kosovo citizens found to be illegally staying in the Schengen area and 

the visa refusal rate also increased in the reporting period. 

17 COM(2015)0452 

30 

 
 
 
 
 
 
 
 
 
 
 
                                                            
These  performance  indicators  are  adversely  affected  by  the  unprecedented  spike  in  irregular 
migration from late 2014 to April 2015. Since then, a number of measures have been taken by 
the Kosovo authorities to prevent a new migration crisis.  

The data and information available give prospective main trends in the migration and security 
areas,  showing  that  the  EU  remains  an  attractive  destination  for  migrants  from  Kosovo  with 
potential migratory and also security challenges to be monitored. 

31 

 
 
 
 
2. STATISTICS 

Figure 2.1. Applications for short-term Schengen visas in Prishtinë/Prishtina, Kosovo, 2012-2014 

Year  Visa category 

Belgium/Netherlands/ 
Luxembourg 

Germany  Greece  Finland  Hungary  Slovenia 

Switzerland/Austria/ 
France/Liechtenstein 

Norway 

Total 

Total A, C visa applications 

2014 

Total A, C visas delivered 

Total A, C visas refused 

Refusal rate for A, C visas 

Total A, C visa applications 

2013 

Total A, C visas delivered 

Total A, C visas refused 

Refusal rate for A, C visas 

Total A, C visa applications 

2012 

Total A, C visas delivered 

Total A, C visas refused 

2.967 

1.943 

868 

28.924 

23.531 

5.393 

6.937 

5.995 

942 

1.360 

1.181 

172 

2.468 

1.788 

641 

3.734 

2.798 

936 

29,3% 

18,6% 

13,6% 

12,6% 

26,0% 

25,1% 

4.556 

4.275 

281 

1.314 

1.144 

170 

2.819 

2.067 

753 

4.415 

3.281 

1.134 

22.531 

16.709 

5.822 

25,8% 

23.917 

17.993 

5.924 

1.549 

70.470 

1.419 

55.364 

130 

14.904 

8,4% 

21,1% 

1.496 

67.411 

1.279 

53.803 

217 

13.570 

6,2% 

12,9% 

26,7% 

25,7% 

24,8% 

14,5% 

20,1% 

485 

441 

44 

1.282 

989 

293 

2.289 

1.618 

671 

4.631 

3.295 

1.336 

22.131 

17.553 

4.578 

759 

532 

227 

60.084 

42.857 

13.479 

2.823 

1.915 

869 

30,8% 

2.774 

1.829 

926 

26.071 

21.849 

4.222 

16,2% 

25.733 

16.600 

5.404 

Refusal rate for A, C visas 

33,4% 

21,0% 

9,1% 

22,9% 

29,3% 

28,8% 

20,7% 

29,9% 

22,4% 

Source: EU Office, Local Schengen Cooperation group data (These figures could not be verified by the Commission) 

32 

 
 
Figure 2.2. Kosovo citizens refused entry at Schengen external borders, 2012-2014 

Member State/Schengen Associated State 

2012 

2013 

2014 

35 
65 
0 
0 
85 
0 
5 
40 
0 
235 
0 
30 
0 
0 
0 
0 
80 
0 
0 
10 
0 
0 
0 
0 
0 
0 
0 
40 
0 
0 
0 
45 

670 

25 
60 
0 
0 
90 
0 
10 
15 
0 
110 
720 
50 
0 
0 
0 
0 
140 
0 
0 
5 
0 
0 
0 
150 
0 
0 
0 
40 
0 
5 
0 
45 

15 
160 
0 
0 
55 
0 
5 
40 
0 
65 
560 
35 
0 
0 
0 
0 
150 
0 
0 
5 
0 
0 
5 
115 
0 
0 
5 
55 
0 
0 
0 
45 

1.465 

1.315 

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

Total (EU + SAC) 
Source: Eurostat, DG HOME calculations 

33 

 
 
 
 
 
 
 
 
 
Figure  2.3.  Kosovo  citizens  found  to  be  illegally  present  in  EU  Member  States  and 
Schengen Associated States, 2012-2014 

2013 

290 
5 
45 
0 
3.070 
0 
5 
60 
0 
845 
275 
180 
0 
0 
0 
25 
965 
0 
0 
1.175 
10 
0 
0 
100 
15 
40 
725 
100 
0 
0 
65 
1.790 
9.785 

2014 

295 
5 
185 
10 
4.110 
0 
0 
35 
0 
1.270 
230 
130 
0 
0 
0 
35 
2.075 
0 
0 
1.780 
5 
0 
0 
100 
75 
40 
1.370 
90 
0 
0 
90 
1.615 
13.545 

Member State/Schengen Associated State 

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

Total (EU + SAC) 
Source: Eurostat, DG HOME calculations 

2012 

250 
5 
15 
10 
2.645 
0 
25 
95 
0 
610 
0 
180 
0 
0 
0 
20 
190 
0 
0 
495 
10 
0 
0 
0 
5 
50 
525 
70 
0 
0 
45 
1.280 
6.525 

34 

 
 
 
2.4. Asylum applications lodged by Kosovo citizens in EU Member States and Schengen 
Associated States, 2012-2015 

2014 

2015 first 3Q 

840 
0 
15 
80 
8.920 
0 
5 
0 
0 
2.770 
5 
105 
0 
0 
0 
140 
21.455 
0 
60 
1.905 
0 
0 
0 
20 
0 
65 
1.480 
30 
0 
5 
145 
405 

38.450 

655 
0 
5 
75 
34.195 
0 
10 
0 
0 
3.230 
0 
180 
0 
0 
0 
180 
24.215 
0 
495 
2.355 
0 
5 
0 
10 
0 
130 
1.590 
15 
0 
5 
160 
465 

67.975 

Member State/Schengen Associated State 

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

2012 

1.740 
0 
10 
130 
2.535 
0 
5 
0 
0 
3.715 
0 
100 
0 
0 
0 
210 
225 
0 
40 
310 
0 
0 
0 
20 
0 
80 
1.045 
40 
0 
0 
130 
585 

2013 

1.270 
0 
10 
80 
4.425 
0 
5 
0 
0 
5.550 
5 
100 
0 
0 
0 
160 
6.210 
0 
50 
935 
0 
0 
0 
35 
0 
70 
1.270 
40 
0 
5 
255 
700 

Total (EU + SAC) 
Source: Eurostat, DG HOME calculations 

10.920 

21.175 

35 

 
 
2.5. Recognition rate at first instance of asylum applications lodged by Kosovo citizens in Member States and Schengen Associated States 

2012 
Total Decisions 
1.240 
Belgium 
0 
Bulgaria 
10 
Czech Republic 
135 
Denmark 
2.655 
Germany 
0 
Estonia 
5 
Ireland 
0 
Greece 
0 
Spain 
2.500 
France 
0 
Croatia 
85 
Italy 
0 
Cyprus 
0 
Latvia 
0 
Lithuania 
175 
Luxembourg 
45 
Hungary 
0 
Malta 
25 
Netherlands 
265 
Austria 
0 
Poland 
0 
Portugal 
0 
Romania 
20 
Slovenia 
0 
Slovakia 
75 
Finland 
725 
Sweden 
15 
United Kingdom 
0 
Iceland 
0 
Liechtenstein 
125 
Norway 
355 
Switzerland 
Total (EU + SAC) 
8.455 
Source: Eurostat, DG Home calculations 

2013 

2014 

535 
0 
15 
80 
2.860 
0 
0 
5 
0 
4.415 
0 
110 
0 
0 
0 
230 
1.010 
0 
45 
775 
0 
0 
0 
15 
0 
85 
1.050 
20 
0 
5 
220 
435 
11.905 

550 
0 
10 
100 
2.320 
5 
5 
0 
0 
5.510 
5 
110 
0 
0 
0 
100 
3.575 
0 
40 

: 

0 
0 
0 
5 
0 
105 
655 
55 
0 
0 
100 
405 
13.655 

Positive Decisions 
Belgium 
Bulgaria 
Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United Kingdom 
Iceland 
Liechtenstein 
Norway 
Switzerland 
Total (EU + SAC) 

36 

2012  2013  2014 
55 
0 
0 
15 
40 
5 
0 
0 
0 
530 
0 
55 
0 
0 
0 
5 
10 
0 
0 

95 
0 
0 
10 
55 
0 
0 
0 
0 
210 
0 
45 
0 
0 
0 
0 
5 
0 
0 
35 
0 
0 
0 
0 
0 
10 
40 
5 
0 
0 
5 
50 
565 

30 
0 
0 
0 
35 
0 
0 
0 
0 
205 
0 
60 
0 
0 
0 
5 
0 
0 
0 
30 
0 
0 
0 
0 
0 
35 
30 
5 
0 
0 
10 
85 
530 

: 

0 
0 
0 
0 
0 
45 
65 
5 
0 
0 
0 
165 
995 

Recognition rate 
Belgium 
Bulgaria 
Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United Kingdom 
Iceland 
Liechtenstein 
Norway 
Switzerland 
Total (EU + SAC) 

2012 

2013 

2014 

7,7% 
0,0% 
0,0% 
7,4% 
2,1% 
0,0% 
0,0% 
0,0% 
0,0% 
8,4% 
0,0% 
52,9% 
0,0% 
0,0% 
0,0% 
0,0% 
11,1% 
0,0% 
0,0% 
13,2% 
0,0% 
0,0% 
0,0% 
0,0% 
0,0% 
13,3% 
5,5% 
33,3% 
0,0% 
0,0% 
4,0% 
14,1% 
6,7% 

5,6% 
0,0% 
0,0% 
0,0% 
1,2% 
0,0% 
0,0% 
0,0% 
0,0% 
4,6% 
0,0% 
54,5% 
0,0% 
0,0% 
0,0% 
2,2% 
0,0% 
0,0% 
0,0% 
3,9% 
0,0% 
0,0% 
0,0% 
0,0% 
0,0% 
41,2% 
2,9% 
25,0% 
0,0% 
0,0% 
4,5% 
19,5% 
4,5% 

10,0% 
0,0% 
0,0% 
15,0% 
1,7% 
100,0% 
0,0% 
0,0% 
0,0% 
9,6% 
0,0% 
50,0% 
0,0% 
0,0% 
0,0% 
5,0% 
0,3% 
0,0% 
0,0% 
0,0% 
0,0% 
0,0% 
0,0% 
0,0% 
0,0% 
42,9% 
9,9% 
9,1% 
0,0% 
0,0% 
0,0% 
40,7% 
7,3% 

 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
2.6. Readmission applications processed by Kosovo 

Category/Year 

2013 

Readmission requests from EU MS + SAC  3.778 

Request accepted by Kosovo 

Rejected requests by Kosovo 

Pending requests 

3.095 

404 

279 

2014 

2.535 

2.164 

208 

163 

Effective returns to Kosovo 
Source: Government of Kosovo (These figures could not be verified by the Commission) 

2.164 

2.279 

2015 (Jan-Oct) 

10.144 

9.182 

188 

417 

9.182 

37 

 
 
 
2.7. Return rate for Kosovo citizens in Member States 

Orders to leave 
Belgium 
Bulgaria 
Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Croatia 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United Kingdom 
EU-28 
Source: Eurostat, DG Home calculations 

2012 
2.345 
5 
10 
180 
1.180 
0 
10 
0 
0 
2.070 
n/a 
180 
0 
0 
0 
260 
1.610 
0 
35 
330 
0 
0 
0 
0 
5 
110 
865 
70 
9.265 

2013 
2.070 
5 
10 
100 
1.275 
0 
20 
0 
0 
2.205 
285 
180 
0 
0 
0 
200 
1.785 
0 
105 
720 
5 
0 
0 
100 
0 
90 
665 
100 
9.915 

2014  Effective returns 
1.035  Belgium 
5  Bulgaria 

30  Czech Republic 
50  Denmark 
1.505  Germany 

0  Estonia 
Ireland 
5 
35  Greece 
0  Spain 
2.700  France 
270  Croatia 
130 

Italy 
0  Cyprus 
0  Latvia 
0  Lithuania 
85  Luxembourg 

1.910  Hungary 
0  Malta 

125  Netherlands 
n/a  Austria 
5  Poland 
0  Portugal 
0  Romania 
100  Slovenia 
20  Slovakia 
n/a  Finland 
755  Sweden 
90  United Kingdom 

8.855  EU-28 

2013 
420 
5 
5 
75 
1.005 
0 
5 
0 
0 
390 
275 
50 
0 
0 
0 
100 
1.440 
0 
45 
790 
5 
0 
0 
90 
0 
80 
920 
100 
5.795 

2014  Return rate 
250  Belgium 
5  Bulgaria 

10  Czech Republic 
70  Denmark 
1.095  Germany 

0  Estonia 
0 
Ireland 
0  Greece 
0  Spain 
490  France 
245  Croatia 
35 

Italy 
0  Cyprus 
0  Latvia 
0  Lithuania 
170  Luxembourg 

1.270  Hungary 
0  Malta 

35  Netherlands 
n/a  Austria 
5  Poland 
0  Portugal 
0  Romania 
90  Slovenia 
15  Slovakia 
n/a  Finland 
390  Sweden 
95  United Kingdom 

4.265  EU-28 

2012 
19,0% 
100,0% 
0,0% 
25,0% 
72,5% 

2013 
20,3% 
100,0% 
50,0% 
75,0% 
78,8% 

50,0% 

25,0% 

22,5% 
n/a 
36,1% 

17,7% 
96,5% 
27,8% 

2014 
24,2% 
100,0% 
33,3% 
140,0% 
72,8% 

0,0% 
0,0% 

18,1% 
90,7% 
26,9% 

17,3% 
80,7% 

50,0% 
80,7% 

200,0% 
66,5% 

85,7% 
110,6% 

42,9% 
109,7% 
100,0% 

28,0% 
n/a 
100,0% 

100,0% 
72,7% 
91,9% 
121,4% 
49,6% 

90,0% 

88,9% 
138,3% 
100,0% 
58,4% 

90,0% 
75,0% 
n/a 
51,7% 
105,6% 
48,2% 

2012 
445 
5 
0 
45 
855 
0 
5 
0 
0 
465 
n/a 
65 
0 
0 
0 
45 
1.300 
0 
30 
365 
0 
0 
0 
0 
5 
80 
795 
85 
4.595 

38