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  COM(2015) 906 final   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 {SWD(2015) 706 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  third  report  setting  out  the  Commission’s  assessment  of  Kosovo’s  progress  in 
fulfilling  the  requirements  of  the  visa  roadmap.  It  summarises  relevant  developments 
concerning the implementation of legislation and formulates recommendations in areas where 
further steps are necessary for full compliance with the requirements of the visa roadmap. It is 
accompanied  by  a  Commission  Staff  Working  Document,3  which  addresses  the  expected 
security and migratory impacts of visa liberalisation. 

The  report  and  accompanying  document  draw  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. REQUIREMENTS RELATED TO READMISSION AND REINTEGRATION 

2.1. Readmission 

Kosovo fulfils all seven requirements in the area of readmission. 

Its legal framework on readmission is in place. It 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 Turkey on 15 December 2015 and launched negotiations 
with other states. 
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. 

* 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 final 
2 COM(2014) 488 
3 SWD(2015) 706 
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. 
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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2.2. Reintegration 

Kosovo fulfils two of the three requirements in the area of reintegration. 

The Kosovo budget allocated EUR 3.2 million to the Reintegration Fund in 2015, including 
EUR 1 million for the construction 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. 

Recommendation No. 1: 

-  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. BLOCK 1: DOCUMENT SECURITY 

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

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

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. 

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. 

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 

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committee  is  expected  to  advise  local  municipalities  whether  to  approve  requests.  This 
amended piece of legislation should now be fully implemented. 

Recommendation No. 2: 

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

4. BLOCK 2: BORDER/BOUNDARY AND MIGRATION MANAGEMENT  

4.1. Border/boundary management 

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

Kosovo’s legislation is largely in line with the Schengen acquis, and checks are performed in 
line  with  EU  standards.  Border/boundary-crossing  points  are  sufficiently  equipped  to 
complete  first  and  second-line  checks,  with  the  exception  of  Merdare/Merdarë,  where  a 
common IBM crossing point is currently being established. 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. 

The  relevant  authorities  have  adequate  personnel  to  control  traffic  flows  and  passenger 
movements.  They  are  sufficiently  equipped  to complete  border  surveillance;  risk  analysis  is 
used to monitor high-risk areas, but detections remain low. The Food and Veterinary Agency 
has internet access.  

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 crossing points.   

Cooperation  with  neighbouring  countries  has  improved.  The  border/boundary  delineation 
agreement with Montenegro should be ratified by Kosovo before visa-free status is granted to 
Kosovo citizens. 

Kosovo’s  cooperation  with  FRONTEX  has  considerably  improved.  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. 

Recommendation No. 3: 

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

4.2. Migration management 

Kosovo fulfils all ten requirements in migration management. 

Kosovo’s legislation in the area of  migration management is in line with the EU acquis.  

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 
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 

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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  

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

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. 

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. 
The various databases in law enforcement and migration are currently being interlinked.8 

4.3. Asylum 

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

Kosovo’s  legislation  is  in  line  with  the  EU  acquis,  and  it  has  the  necessary  institutional 
structure and resources in place to offer international protection to asylum-seekers.  

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.  

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.  

Recommendation No. 4: 

-  To  fully  comply  with  requirements  in  the  area  of  asylum,  Kosovo  should  monitor  the 

reasons for its low recognition rate for asylum-seekers. 

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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5. BLOCK 3: PUBLIC ORDER AND SECURITY  

5.1. 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. 
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  

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.11  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.   

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. 

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. 

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. 
11 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.   
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. 

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

Kosovo  has  made  some  progress  in  freezing  and  seizing  illicitly  obtained  assets,  but  only a 
small fraction of such assets has been confiscated.13 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. 

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. 

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

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. 

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. 

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. 

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. 

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. 

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 

13 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. 

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investigated by the police concern drug trafficking, even if final convictions in cases related to 
drug trafficking remain low. 

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. 

The law on crime victim compensations is being implemented, and Kosovo has stepped up its 
efforts to rehabilitate victims and prevent trafficking in human beings. 

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

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 
2015 law on banning participation in armed conflicts 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. 

Recommendations No. 5, 6 & 7: 

To fully comply with requirements in the area of combating organised crime, corruption and 
terrorism, 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. 

5.2. Law enforcement cooperation 

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

Kosovo has concluded 55 memoranda of understanding on law enforcement cooperation with 
16 countries and EULEX. It has despatched 7 liaison officers to core partners, such as Turkey, 
Germany, Austria and France.  

Law  enforcement  cooperation  takes  place  either  on  a  bilateral  basis,  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. 

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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). 

5.3. Judicial cooperation in criminal matters 

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

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

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. 

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

Kosovo has also explored modalities of cooperation with Eurojust. 

5.4. Data protection 

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

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. 

This  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. 

The agency has also 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. 

6.  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. 

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. 

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. 

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 
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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 allocate adequate 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. 

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. 

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 
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.  

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.  

Recommendation No. 8: 

-  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. 

7. CONCLUSION 

The  Commission  has  assessed  the  implementation  of  the  visa  roadmap  by  Kosovo  on  the 
basis of information and relevant legislative and policy documents provided by Kosovo. This 
evaluation  has  been  complemented  with  on-site  evaluation  missions  carried  out  by  the 
European Commission assisted by experts from EU Member States.  

Since  launching  the  visa  liberalisation  dialogue  with  Kosovo  in  January  2012  and  handing 
over to Kosovo authorities a roadmap on visa liberalisation in June 2012, the Commission has 
regularly reported to the Council and Member States, as well as the European Parliament, on 
progress made by Kosovo in fulfilling the requirements of the roadmap. 

The  visa  liberalisation  dialogue,  as  part  of  the  EU’s  overall  policy  towards  the  Western 
Balkans,  has  taken  place  within  the  framework  of  the  Stabilisation  and  Association  Process 
Dialogue.  The  Commission  has  organised  four  Senior  Officials’  Meetings  since  2012  and 
convened  several  technical  meetings  at  expert  level.  Progress  on  the  issues  covered  by  the 
visa liberalisation dialogue has been regularly discussed and reported within the framework of 
the Stabilisation and Association Process Dialogue. 

The  European  Union  Rule  of  Law Mission  in Kosovo  (EULEX  KOSOVO),  in  line  with  its 
mandate,  has  played  an  important  role  in  monitoring,  mentoring  and  advising  Kosovo 
institutions on adopting and implementing the reforms and fulfilling the requirements set out 

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in the visa roadmap. Kosovo authorities have also shown effective cooperation with EULEX, 
including in discharging its executive mandate. 

The visa dialogue with Kosovo has proved to be an important and particularly effective tool in 
advancing far-reaching and difficult reforms in the Justice and Home Affairs  field and 
beyond, impacting areas such as the rule of law and criminal justice reform. These issues are 
also monitored in other frameworks, such as the Justice, Freedom and Security sub-committee 
of the Stabilisation and Association Process Dialogue. 

The  progress  achieved  by  Kosovo  in  all  areas  covered  by  the  visa  liberalisation roadmap  is 
steady and effective. It demonstrates the long-standing commitment of Kosovo institutions to 
fulfil the requirements of the visa roadmap as a matter of overwhelming priority. 

The Commission has already presented two comprehensive reports on Kosovo’s progress in 
fulfilling  the  requirements  of  the  visa  roadmap.  The  first  one,  adopted  in  February  2013, 
focused  on  Kosovo’s  legislative  compliance  with  the  requirements  of  the  roadmap.  The 
second report, published in July 2014, focused on implementation. The latter formulated 52 
recommendations  across  the  four  blocks  of  the  visa  roadmap,  as  well  as  readmission  and 
reintegration. It noted that Kosovo had made good progress in implementing the requirements 
of the visa roadmap but further efforts in line with these recommendations were still required. 

The  current  report  has  set  out  8  recommendations  corresponding  to  8  outstanding 
requirements of the visa liberalisation roadmap.  

Progress in implementing reforms in the following areas remains a key priority: 

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

departments across courts in Kosovo;  

-  Building  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; 

-  Ensuring the  operational  independence  of the Public Procurement Review Body and the 
implementation of strict integrity plans to protect the independence of this body and the 
Public Procurement Regulatory Commission; 

-  Demonstrating that Kosovo has implemented its amended secondary legislation on name 

changes. 

The  Commission  will  continue  to  monitor  progress  in  Kosovo’s  fulfilment  of  the  other 
outstanding requirements and implementing ongoing reforms in the following areas: ratifying 
the border/boundary delineation agreement with Montenegro before visa-free status is granted 
to  Kosovo  citizens;  disbursing  the  Reintegration  Fund,  with  a  focus  on  offering  assistance 
with  employment,  the  establishment  of  small  businesses,  vocational  training  and  linguistic 
training  for  children;  monitoring  the  reasons  for  Kosovo’s  low  recognition  rate  for  asylum-
seekers; and providing appropriate premises for and ensuring the full budgetary independence 
of the ombudsperson. 

The Commission will continue to actively monitor the ongoing implementation by Kosovo of 
the requirements set out in the four blocks of the visa roadmap, as well as reintegration and 
readmission,  under  the  existing  Stabilisation  and  Association  Process  Dialogue  and,  if 
necessary, through ad hoc follow-up mechanisms. 

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Based  on  this  assessment,  and  given  the  outcome  of  the  continuous  monitoring  and 
reporting  carried  out  since  the  launch  of  visa  liberalisation  dialogue  with  Kosovo  in 
January 2012, the Commission considers this report as the final one.  

The  above  recommendations  remain;  as  soon  as  they  are  implemented,  and  provided 
that  effective  measures  are  and  remain  in  place  to  prevent  a  new  migration  crisis,  the 
Commission will proceed to issue a proposal amending Regulation (EC) No 539/2001. 

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.  The  Commission  will  continue  to  monitor 
and do its utmost to support Kosovo in fulfilling the requirements of the visa roadmap. 

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