REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL First Report under the Visa Suspension Mechanism
Date: 2017-12-20
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, border control, corruption, external border of the EU, foreign national, illegal migration, money laundering, organised crime, third country

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.12.2017 COM(2017) 815 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL First Report under the Visa Suspension Mechanism    {SWD(2017) 480 final}  
 
 
I. Introduction 

Visa liberalisation is one of the Union's most powerful tools in facilitating people-to-people 
contacts  and  strengthening  ties  between  the  citizens  of  third  countries  and  the  Union.  This 
Report  follows  up  on  the  Commission's  duty  to  monitor  the  continuous  fulfilment  of  visa 
liberalisation requirements by third countries and to report on those matters to the European 
Parliament  and  the  Council,  at  least  once  a  year  in  accordance  with  Article  1a  (2b)  of 
Regulation  (EC)  No  539/20011  and  in  line  with  the  Commission  Statement  of  17  February 
20172. 

The  assessment  of  the  visa  liberalisation  benchmarks  applies  to  countries  which  have 
successfully  concluded  visa  liberalisation  dialogues  according  to  relevant  action  plans  and 
roadmaps,  i.e.  Western  Balkan  and  Eastern  Partnership  countries.  The  Report  focuses  on 
specific  areas3  identified  for  each  country  where  further  monitoring  and  actions  are 
considered  necessary  in  order  to  ensure  the  continuity  and  sustainability  of  the  progress 
achieved  in  the  framework  of  the  visa  liberalisation  process.  Therefore,  benchmarks  and 
commitments  with  a  stable  implementation  record  are  not  being  covered  in  this  report.  The 
Commission reports in detail on the broader situation in the area of home affairs and justice, 
also relevant for the implementation of visa liberalisation commitments, in the framework of 
Enlargement  package  for  the  Western  Balkans  countries4  and  for  the  Eastern  Partnership 
countries in the framework of the implementation of the respective Association Agreements. 
The assessment period for this Report starts with the adoption date of the last relevant reports: 
i.e.  for  the  Western  Balkan  countries  with  the  Fifth  report  on  the  post-visa  liberalisation 
monitoring adopted in February 20155 and for the Eastern Partnership countries with the Final 
visa  liberalisation  progress  reports  adopted  respectively  for  the  Republic  of  Moldova6  in 
December 2013, Ukraine and Georgia in December 2015.  

The  statistical  part  of  the  Report  covers  those  Member  States  and  associated  countries, 
namely the 26 Member States that apply Regulation (EC) No 539/2001 and the four Schengen 

1  

2  
3 

4  
5  

6  

Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must 
be in possession of visas when crossing the external borders and those whose nationals are exempt from 
that requirement (OJ L 81 21.3.2001, p.1) as amended by Regulation (EU) 2017/371 of the European 
Parliament and the Council of 1 March 2017 (OJ L 61 8.3.2017, p.1). 
http://data.consilium.europa.eu/doc/document/ST-6290-2017-ADD-1/en/pdf .  
The specific areas are identified in line with the respective visa liberalisation action plans for each country. 
The benchmarks are divided in four 'blocks' of technically relevant issues: (1) document security, including 
biometrics;  (2)  integrated  border  management,  migration  management  and  asylum;  (3)  public  order  and 
security; (4) external relations and fundamental rights. In this report the focus is on the following specific 
areas  (related  to  blocks  2  and  3):  Albania  (irregular  migration,  law  enforcement),  The  former  Yugoslav 
Republic of Macedonia (organised crime, law enforcement), Bosnia and Herzegovina (irregular migration, 
organised  crime),  Montenegro  (irregular  migration,  organised  crime),  Serbia  (irregular  migration, 
organised  crime),  Moldova  (irregular  migration,  anti-corruption,  money  laundering),  Georgia  (irregular 
migration,  asylum,  organised  crime,  anti-corruption,  anti-discrimination),  Ukraine  (irregular  migration, 
anti-corruption, organised crime). The Commission continues also to closely follow the implementation of 
the  benchmarks  related  to  block  (1)  and  block  (4)in  particular,  as  regards    anti-discrimination  and  the 
situation of vulnerable population groups, notably Roma inclusion measures. 
Last adopted in November 2016. 
In line with the Commission Statement of 8 November 2010: 
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/d-mk/dv/1027_12/1027_12en.pdf  
Hereinafter referred to as Moldova. 

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Associated  Countries  (hereinafter  referred  to  as  "the  Schengen+  area")7.  The  assessment  of 
specific areas is based primarily on: information provided to Eurostat by Schengen+ area, by 
the  EU  Agencies  (Europol,  eu-LISA,  European  Asylum  Support  Office  (EASO),  European 
Border  Coast  Guard  Agency  (EBCGA),  and  exchange  of  information  between  the 
Commission, European External Action Service (EEAS) and visa-free countries.  

The  Report  is  accompanied  by  a  Commission  Staff  Working  Document,  which  provides 
more detailed background information on the developments identified for specific areas.  

II. Assessment of specific areas in line with visa liberalisation benchmarks 

II.1 Western Balkans 

Albania 

Irregular migration, including readmission 

As regards irregular migration challenges, between the second half of 2016 and the first half 
of 2017, refusals of entry increased considerably and illegal stay decreased slightly. Though 
the number of asylum applications by Albanian nationals in the EU is still the absolute highest 
for any visa-free state, it decreased by 28% in first half of 2017 compared to the second half 
of  the  previous  year  (from  17,165  to  12,440).  Between  2015  and  2016,  refusals  of  entry 
increased by 91% (from 15,835 to 30,305) and illegal stay decreased by 30% (from 47,755 to 
33,445), while asylum applications decreased by 54% (from 66,715 to 30,840). The asylum 
recognition  rate  is  low  (1.84%  in  2015  and  2.61%  in  2016).  Between  2015  and  2016,  the 
number  of  return  decisions  decreased  by  19%  from  39,310  to  31,975.  Readmission  is 
functioning  well,  with  the  country  swiftly  honouring  readmission  requests  from  Member 
States, and the return rate shows a substantial increase from 86% in 2015 to 129% in 2016. 

Albania has taken a number of steps in recent months to address the challenge of unfounded 
asylum  applications  lodged  by  Albanian  nationals,  but  implementation  must  continue 
unabated. Albania has achieved initial results in implementing an action plan against irregular 
migration,  which  focuses  on  operational  cooperation  in  the  management  of  irregular 
migration, identification and protection of unaccompanied minors and fight against document 
fraud. Albania has stepped up information exchange with Member States on Schengen entry 
bans. It has also strengthened controls of documents at certain border crossing points (BCPs), 
including Rinas airport, but should improve border control at all BCPs.  

Albania  has  also  stepped  up  operational  cooperation  with  Member  States  most  affected  by 
irregular migration. Albania’s recent practice of conducting ‘exit interviews’ with travellers at 
BCPs is an effective but temporary measure, which should be implemented in a manner that 
respects travellers’ fundamental rights. Albania has also made efforts to increase its capacity 
to host asylum seekers through the construction of a new open centre in Babrru, as well as to 
improve the reception conditions at the border with Greece.  

7  

Belgium,  Bulgaria,  Croatia,  Cyprus,  the  Czech  Republic,  Denmark,  Germany,  Estonia,  Greece,  Spain, 
France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, 
Romania,  Slovenia,  Slovakia,  Finland  and  Sweden,  as  well  as  Switzerland,  Norway,  Liechtenstein  and 
Iceland.  

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Public order and security 

Albanian-speaking  organised  crime  groups  (OCGs)  are  particularly  active  across  a  broad 
range of criminal activities in the EU. These groups are usually poly-criminal and engage in 
drug trafficking, (notably of cannabis, cocaine and heroin), migrant smuggling and trafficking 
in human beings (THB); organised property crime, racketeering and extortion.  

Albania has taken steps to improve the effectiveness of its law enforcement efforts to combat 
serious  and  organised  crime.  Seizures  of  illicit  drugs,  cannabis  in  particular,  increased 
substantially  from  2015  to  2017,  and  a  significant  reduction  of  cannabis  cultivation  was 
observed throughout the 2017 crop season.  

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  Further  improvement 
of  the implementation  is  expected,  in  particular  to  address  the  irregular  migration 
challenges. The following areas need to be addressed: 

 

Improve  border  controls,  including  via  ‘exit  interviews’  at  BCPs,  conducted  in  a 
manner that fully respects travellers’ fundamental rights; 

  Continue the effective implementation of the readmission agreement, if necessary by 

concluding implementing protocols with additional Member States; 

  Continue  implementing  actions  agreed  bilaterally  with  Member  States  to  reduce 

irregular migration flows; 

  Organise  a  high-profile  information  campaign  on  the  rights  and  obligations  of  visa-

free travel targeting areas particularly affected by irregular migration; 

  Step  up  assistance  to  vulnerable  populations  more  prone  to  leave  the  country 
irregularly, aiming at enhancing their long-term socio-economic integration including 
by providing support to the reintegration of Albanian returnees; 

  Further improve the effectiveness of law enforcement efforts to combat trafficking in 
human beings, migrant smuggling, drug trafficking and organised property crime; 
  Step  up  investigations  and  prosecution  of  OCGs,  notably  those  engaged  in  drug 

trafficking and migrant smuggling; 

  The  deployment  of  a  Europol  Liaison  Officer  will  further  contribute  to  an  enhanced 

cooperation in the fight against organised crime. 

The former Yugoslav Republic of Macedonia 

Irregular migration, including readmission 

As regards irregular migration challenges, between the second half of 2016 and the first half 
of 2017, refusals of entry remained stable while the numbers increased for illegal stay. Over 
the  same  period,  the  number  of  asylum  applications  by  nationals  of  the  former  Yugoslav 
Republic of Macedonia in the EU fell by 28% (from 5,240 to 3,755). Between 2015 and 2016, 
refusals of entry decreased by 2% (from 2,555 to 2,495); illegal stay decreased by 13% (from 
5,265  to  4,595);  and  asylum  applications  decreased  by  44%  (from  16,110  to  9,100).  The 
asylum recognition rate is low (1.34% in 2015 and 0.80% in 2016). Between 2015 and 2016, 
the number of return decisions increased by 6.8% from 5,700 to 6,085. 

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Readmission  is  functioning  well,  with  the  country  swiftly  honouring  readmission  requests 
from EU Member States and having an excellent return rate of 127% in 2016. Implementing 
protocols  are  in  place  with  five  Member  States,  another  six  such  instruments  are  to  be 
implemented soon. It has started negotiations with the Commission enabling the deployment 
on its territory of team members of the EBCGA. It has also amended its law on foreigners to 
align it with EU standards on legal migration. 

Public order and security 

As  regards  organised  crime,  OCGs  from  the  former  Yugoslav  Republic  of  Macedonia  are 
active in the trafficking and distribution of drugs, in particular heroin. The country remains a 
source  of  trafficked  archaeological  objects,  religious  items  and  cultural  goods  to  the  EU. 
Some  criminal  groups  also  engage  in  sports  corruption,  notably  betting  fraud.  Returning 
foreign  terrorist  fighters  passing  through  the  territory  of  the  former  Yugoslav  Republic  of 
Macedonia also pose a risk.  

The former Yugoslav Republic of Macedonia has developed  its own Serious and Organised 
Crime Threat Assessment, as well as a regional one with Serbia and Montenegro. As regards 
law  enforcement,  efforts  to  crack  down  on  drug  trafficking  have  resulted  in  increased 
seizures  of  drugs,  in  particular  cannabis  and  synthetic  drugs,  and  the  disruption  of  several 
drug trafficking gangs. A national coordinator has been appointed to oversee efforts to combat 
terrorism. Law enforcement cooperation with Western Balkan partners, Italy and Slovenia has 
improved, as has operational cooperation with Europol. While the cooperation agreement with 
Eurojust  is  in  force,  there  is  very  limited  cooperation  and  a  new  contact  point  has  not  been 
nominated.  

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  Further  improvement 
of the implementation is expected. The following areas need to be addressed: 

  Continue  the  effective  implementation  of  the  EU-former  Yugoslav  Republic  of 
Macedonia  Readmission  Agreement,  if  necessary  by  concluding  implementing 
protocols with additional EU Member States; 

  Strengthen  border  controls  in  a  manner  that  fully  respects  travellers’  fundamental 

rights; 

  Organise  a  high-profile  information  campaign  on  the  rights  and  obligations  of  visa-

free travel targeting areas particularly affected by irregular migration; 

  Step  up  assistance  to  vulnerable  population,  aiming  at  enhancing  their  long-term 

 

socio-economic integration; 
Improve  the  effectiveness  of  law  enforcement  efforts  to  combat  drug  trafficking, 
notably heroin, the trafficking of archaeological objects and sports corruption, as well 
as other illicit activities; 

  Step  up  investigations  and  prosecution  of  OCGs,  notably  those  engaged  in  drug 

trafficking; 

  Swiftly  nominate  a  contact  point  for  Eurojust  and  ensure  full  implementation  of  the 

Cooperation Agreement in place. 

Bosnia and Herzegovina  

Irregular migration, including readmission 

4 

 
 
 
 
 
As regards irregular migration challenges, between the second half of 2016 and first half of 
2017, the trends remained stable for refusal of entry and illegal stay. The trend for the asylum 
applications  by  nationals  of  Bosnia  and  Herzegovina  in  the  EU  between  the  second  half  of 
2016 and first half of 2017 indicates a decrease by 38% (from 2,340 to 1,440). The figures for 
refusal of entry were already stable between 2015 and 2016 (5,185 cases in 2015 compared to 
5,150 in 2016), as were the figures for illegal stay (3,585 cases in 2015 compared to 3,645 in 
2016).  Asylum  applications  had  already  decreased  by  51%  between  2015  and  2016  (from 
9,100 to 4,495). The asylum recognition rate was 3.50% in 2015 and 4.20% in 2016. Between 
2015 and 2016, the number of return decisions decreased by 10% (from 5,675 to 5,080). In 
this period, there was a stable return rate of around 73%. Cooperation with Member States on 
readmission is smooth and satisfactory, while efforts need to be maintained.  

In March 2016, Bosnia and Herzegovina adopted a Strategy and action plan on migration and 
asylum  for  the  period  2016-2020,  aiming  to  improve  its  strategic  framework  on  migration 
management.  A  new  law  on  asylum  entered  into  force  in  February  2016  with  a  view  to 
further harmonise the country’s asylum policy with international standards and the EU acquis, 
notably  on  the  rights  of  asylum  applicants  and  beneficiaries  of  international  protection  to 
work,  education,  social  and  medical  welfare,  reunification  of  families  and  the  non-
refoulement principle.  

Public order and security 

As  regards  organised  crime,  nationals  of  Bosnia  and  Herzegovina  are  among  the  most 
frequently  reported  nationalities  for  organised  property  crimes  in  the  EU.  OCGs  from  the 
country  are  involved  in  home  theft,  violent  burglaries  and  rip-deals  as  well  as  in  THB  and 
trafficking  of  illicit  drugs  via  the  Western  Balkans  route.  The  country  is  also  a  destination 
country for vehicles stolen in various Member States. There remain significant weapon stocks 
in Bosnia and Herzegovina, a risk in the framework of firearms trafficking. 

In August 2016 an operational cooperation agreement with Europol was signed which aims at 
supporting the country in prevention of and fight against organised crime, terrorism and other 
forms  of  international  crime.  Following  that,  in  May  2017  an  agreement  was  signed  on 
posting  a  Liaison  Officer  to  the  Europol  headquarters.  Work  is  currently  ongoing  on 
appointing a national Europol contact point. Measures to address THB need to be stepped up. 
A comprehensive, multidisciplinary and victim-oriented approach to trafficking still needs to 
be developed and identification of victims needs to be improved. 

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  Further  improvement 
of the implementation is expected. The following areas need to be addressed: 

  Continue 

the  effective 

the  EU-Bosnia  and  Herzegovina 
Readmission  Agreement,  if  necessary  by  concluding  implementing  protocols  with 
remaining  EU  Member  States;  further  attention  needs  to  be  given  to  respecting 
deadlines and improving identification processes; 

implementation  of 

  Strengthen  border  controls  in  a  manner  that  fully  respects  travellers’  fundamental 

rights; 

  Organise  a  high-profile  information  campaign  on  the  rights  and  obligations  of  visa-

free travel targeting areas particularly affected by irregular migration; 

5 

 
 
 
 
 
  Step  up  assistance  to  vulnerable  populations,  aiming  at  enhancing  their  long-term 

socio-economic integration; 

  Further efforts are needed to address THB; 
  The use of financial investigations in cases of corruption and organised crime needs to 

be stepped up. 

Montenegro  

Irregular migration, including readmission 

As regards irregular migration challenges, between the second half of 2016 and first half of 
2017, the trends indicate a slight increase for refusal of entry and a considerable increase for 
illegal  stay.  The  figures  remain  however  low  in  absolute  terms.  The  trend  on  asylum 
applications by Montenegrin nationals in the EU indicates a 36% decrease between the second 
half of 2016 and the first half of 2017 (from 795 to 510). Between 2015 and 2016, the figures 
for refusal of entry had decreased by 13% from 385 to 335, as did the figures for illegal stay 
which  had  decreased  by  26%  from  770  to  570.  The  overall  number  of  asylum  applications 
decreased  significantly  between  2015  and  2016  (from  4,115  to  1,830,  representing  a  56% 
decrease). The asylum recognition rate is low (1.63% in 2015 and 1.75% in 2016).  Between 
2015  and  2016,  the  number  of  return  decisions  for  Montenegrin  citizens  remained  stable 
(1,565 in 2015 and 1,500 in 2016).  Very good cooperation on readmission was reported by 
the EU Member States and the 2016 return rate to Montenegro of 160% is the highest of all 
third  countries  benefitting  from  visa-free  regime  after  fulfilling  visa 
liberalisation 
benchmarks.  However,  the  acceptance  rate  of  readmission  requests  issued  by  EU  Member 
States concerning third countries' nationals remains low.  

In  2016,  a  Strategy  for  the  reintegration  of  persons  returned  on  the  basis  of  readmission 
agreements  for  the  period  2016-2020  was  adopted.  Upon  the  adoption  of  the  Strategy  for 
Integrated Migration Management for the period 2017-2020, the overall strategic framework 
is  in  place  and  alignment  to  the  EU  acquis  in  this  area  has  advanced.  An  Inter-Ministerial 
Working Group established in August 2017 monitors the implementation of this strategy.  

Public order and security 

As  regards  organised  crime,  Montenegro  has  been  a  hub  for  trafficking  of  illicit  tobacco 
products  to  the  EU.  The  OCGs  originating  from  the  country  are  in  particular  active  in  the 
trafficking  of  cocaine.  Montenegrin  OCGs  are  known  for  laundering  and  re-investing  the 
proceeds from serious and organised crime.  

Montenegro  had  further  strengthened  its  institutional  set-up  in  the  fight  against  organised 
crime. The Special Police Unit now has 20 positions filled as foreseen; however a further staff 
increase remains necessary as to meet the needs. Montenegro adopted in recent years its own 
Serious and Organised Crime Threat Assessment on the basis of which its security priorities 
are  determined.  Amendments  to  the  Criminal  Code  allowing  for  the  implementation  of  the 
Protocol to the United Nations Convention against Transnational Organised Crime concerning 
smuggling  of  migrants  were  adopted.  The  operational  agreement  with  Eurojust  entered  into 
force in June and in September the Eurojust liaison prosecutor was appointed. 

6 

 
 
 
 
 
Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  Further  improvement 
of the implementation is expected. The following areas need to be addressed: 

  Continue 

the  effective 

the  EU-Montenegro  Readmission 
Agreement,  if  necessary  by  concluding  implementing  protocols  with  EU  Member 
States; 

implementation  of 

  Organise  a  high-profile  information  campaign  on  the  rights  and  obligations  of  visa-

free travel targeting areas particularly affected by irregular migration; 

  Further  develop  a  track  record  in  the  area  of  the  fight  against  organised  crime  and 

corruption; 

  Step  up  assistance  to  vulnerable  populations,  aiming  at  enhancing  their  long-term 

socio-economic integration. 

Serbia  

Irregular migration, including readmission 

As regards irregular migration challenges, between the second half of 2016 and  first half of 
2017 the trend indicates a slight increase in the refusal of entry, as for illegal stay. The figures 
for asylum applications by Serbian nationals in the EU show a considerable decrease by 41% 
between the second half of 2016 and the first half of 2017 (from 7,140 to 4,225). The number 
of Serbian nationals which were refused entry in 2016 was 7,910, roughly the same as in 2015 
when 7,850 cases were reported. The number for illegal stay decreased by 19% between 2015 
and 2016 (from 13,785 to 11,180). There was already a significant decrease of 55% in asylum 
applications  between  2015  and  2016  (from  over  30,325  to  13,515).  The  asylum  recognition 
rate is low (1.86% in 2015 and 1.95% in 2016). The number of return decisions for Serbian 
citizens decreased by 7% from 14,985 in 2015 to 13,870 in 2016. Serbia's cooperation on the 
readmission  of  its  own  nationals  is  very  good,  with  a  return  rate  of  86.65%  in  2015  and 
89.04% in 2016. Readmission of third-country nationals is an area of concern (especially as 
regards  readmissions  from  Bulgaria,  Hungary  and  Romania).  Serbia  committed  itself  in  the 
Joint Readmission Committee on 3 October 2017 to fully implement the provisions on third-
country nationals in the EU-Serbia Readmission Agreement. Close monitoring will take place 
in  the  coming  months.  Serbia's  recent  decision  to  grant  visa-free  travel  to  Iranian  citizens 
raises concerns and needs to be monitored carefully. 

Serbia  revised  its  response  plan  for  an  increased  number  of  migrants  at  the  end  of  2016  to 
cover  the  period  until  December  2017.  In  February  2017,  Serbia  started  working  on  a  new 
strategy  and  action  plan  to  counter  irregular  migration  for  2017-2020.  The  adoption  of  the 
new  law  on  asylum  is  delayed  and  a  new  law  on  foreigners  is  yet  to  be  adopted.  Serbia 
continuously  monitors  trends  in  the  number  of  asylum  seekers  as  well  as  the  number  of 
returnees  under  readmission  agreements,  including  through  updating  statistical  data  and 
creating  migration  profiles.  Serbia  has  been  making  efforts  to  support  the  re-integration  of 
returnees  including  at  the  level  of  local  communities.  Serbia  also  financially  supports  civil 
society organisations to implement information campaigns on readmission procedures and the 
risks  of  abusing  the  visa-free  regime,  including  towards  specific  population  segments  more 
prone to leave the country irregularly. 

Public order and security 

7 

 
 
 
 
 
 
 
As  regards  organised  crime,  nationals  of  Serbia  are  among  the  most  frequently  reported 
nationalities  for  organised  property  crimes  in  the  EU,  particularly  in  Belgium,  France, 
Germany  and  Italy.  Nationals  of  Serbia  are  also  one  of  the  most  frequently  encountered 
victims  of  THB  originating  from  the  Western  Balkans  region.  Criminals  from  Serbia  are 
mentioned  to  be  involved  in  the  trafficking  of  cocaine  via  the  Western  Balkans  route  and 
illicit  tobacco  products  are  frequently  smuggled  via  Serbia  into  the  EU.  There  remain 
significant weapon stocks in Serbia, a risk in the framework of firearms trafficking.  

In order to step up the fight against organised crime, the Law on Organisation and Jurisdiction 
of  Government  Authorities  in  Suppression  of  Organised  Crime,  Terrorism  and  Corruption 
(entering  into  force  in  March  2018)  foresees the  establishment  of  specialised  authorities  for 
investigating, prosecuting and adjudicating cases in the mentioned fields. Serbia enhanced its 
cooperation  with  Europol;  a  Serbian  liaison  officer  was  sent  to  Europol's  headquarters  in 
March  2017.  An  EBCGA  regional  liaison  officer  has  been  sent  to  Belgrade  in  September 
2017.  The  same  month,  the  Serbia  signed  a  working  arrangement  with  CEPOL.  A  new 
financial investigation strategy has not been adopted yet and there is a general lack of a pro-
active  approach  in  financial  investigations.  A  Permanent  Task  Force  on  People  Smuggling 
was established in 2016. In August 2017, a new Strategy for the Prevention and Suppression 
of  Human  Trafficking  for  2017-2022  was  adopted,  together  with  an  accompanying  action 
plan. On the basis of this strategy, Serbia needs to take steps towards pro-active identification 
and  due  protection  of  victims  of  THB.  Serbia  has  not  yet  started  negotiations  on  an 
operational  agreement  with  Eurojust,  as  a  new  Law  on  Data  Protection  in  line  with  the  EU 
acquis is not yet adopted. 

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  Further  improvement 
of the implementation is expected. The following areas need to be addressed: 

  Continue  the  effective  implementation  of  the  EU-Serbia  Readmission  Agreement,  if 
necessary  by  concluding  implementing  protocols  with  EU  Member  States;  further 
attention needs to be given to the readmission of third country nationals; 

  Organise  a  high-profile  information  campaign  on  the  rights  and  obligations  of  visa-

free travel targeting areas particularly affected by irregular migration; 

  Continue  stepping  up  intelligence-led  investigations  with  a  view  to  developing  a 
sustainable  track  record  of  final  convictions  and  dismantling  networks  involved  in 
organised crime, money laundering, people smuggling and THB; 

  Step  up  assistance  to  vulnerable  populations,  aiming  at  enhancing  their  long-term 

socio-economic integration. 

II.2 Eastern Partnership 

Moldova 

Irregular migration, including readmission 

As regards irregular migration challenges, between the second half of 2016 and the first half 
of  2017,  the  number  of  refusal  of  entries  went  slightly  up,  while  the  figures  for  illegal  stay 
decreased. The peak of asylum applications by Moldovan nationals in the EU was reached in 

8 

 
 
 
 
 
 
 
 
 
 
spring 2016 and the trend for asylum applications between the second half of 2016 and first 
half  of  2017  indicates  a  considerable  decrease  by  58%  (from  1,730  to  720).The  refusals  of 
entry  at the  borders showed a 71%  increase between  2015  and 2016 (from 2,725 to 4,660), 
while the number of illegal stays had also increased drastically by 89% in that period (from 
4,050  to  7,660).  Between  2015  and  2016,  the  number  of  asylum  applications  increased 
drastically, by 99% (from 1,850 to 3,675). The asylum recognition rate was 10.81% in 2015 
but decreased to 2.07% in 2016. The number of return decisions for Moldovan citizens greatly 
increased by 178% between 2015 and 2016 (from 1,810 to 5,035) The return rate decreased 
from 67.13% in 2015 to 48.16% in 2016.  The quality of readmission cooperation is greatly 
valued  by  the  EU  Member  States,  and  is  also  proved  by  a  high  rate  of  positive  replies  to 
readmission applications. The last Joint Readmission Committee of 6 October 2017 assessed 
the cooperation with Moldova as generally positive. 

In the area of migration management, Moldova is implementing the action plan 2016-2020 
to  implement  the  National  Strategy  on  Migration  and  Asylum  2011-2020.  Through  projects 
such  as  the  NEXUS  information  platform,  which  is  online  accessible  and  has  offices  in 
various  cities  in  Moldova  as  well  as  one  in  Paris,  information  on  the  benefits  and  risks  of 
different aspects of migration is being provided to Moldovan citizens.  

Public order and security 

Moldovan OCGs are particularly active in Austria, France, Germany, Latvia and Poland, and 
remain primarily involved in different types of  organised crime such as organised property 
crime,  illicit  tobacco  trade,  drugs  trafficking  (heroin  being  a  significant  concern),  excise 
fraud,  payment  card  fraud  and  money  laundering.  In  particular  Russian-speaking  OCGs 
exploit  Moldova  as  a  transit  country  to  launder  money  and  bring  it  into  the  EU.  Moldova 
remains  a  source  country  for  THB.  To  improve  judicial  cooperation,  Moldova  signed  an 
agreement  with  Eurojust  mid-2014,  which  entered  into  force  in  October  2016.  Law 
enforcement cooperation was strengthened by signing a Europol in December 2014. 

Since the final visa liberalisation report, Moldova adopted laws to reinforce the institutional 
framework for the fight against corruption (in particular high-level corruption) and money 
laundering. However, the implementation is seriously lagging behind. There remain concerns 
regarding political influence on the fight against corruption and money laundering. Attempts 
to undermine the anti-corruption framework (such as the so-called "capital liberalisation law" 
and the so-called "business package" aiming inter alia at changing the institutional set-up of 
anti-corruption  bodies)  have  a  negative  effect  on  the  credibility  of  the  political  will  to  fight 
corruption.  While  the  set-up  of  an  asset  recovery  office  was  envisaged  in  the  last  visa 
liberalisation report, the office was only established in 2017 and its scope remains currently 
limited to cases of corruption and money laundering. Delays in the implementation of the Law 
on the National Integrity Authority led to a standstill in the verification of asset declarations 
and conflicts of interests since August 2016. Progress on anti-money laundering legislation (to 
align to the 4th EU Anti-Money Laundering Directive) is stalling.  

Overall, the visa liberalisation benchmarks continue to be fulfilled. However the fulfilment 
of the anti-corruption and anti-money laundering benchmarks could be endangered unless 
immediate actions are taken in order to ensure continuous and sustainable implementation. 
The following areas need to be addressed: 

9 

 
 
 
 
 
 
 
  Step  up  the  fight  against  organised  crime  by  adopting  new  anti-money  laundering 

legislation; 

  Ensure  the  full  independence,  efficiency  and  effectiveness  of  the  specialised  anti-
corruption  institutions.  Ensure  that  the  future  legal  framework  of  the  so-called 
"business  package"  does  not  negatively  affect  the  fight  against  corruption  and  the 
investigation of the banking fraud; 

  Ensure  as  a  matter  of  priority  the  functioning  of  the  National  Integrity  Authority  by 

appointing senior management and inspectors; 

  Ensure  the  proper  functioning  of  the  Criminal  Assets  Recovery  Agency  by  ensuring 
access to all necessary information (including databases), allocating sufficient budget 
and staff, and broadening its scope to proceeds stemming from any type of crime; 
  Step  up  efforts  in  order  to  build  a  track-record  in  the  fight  against  high-level 

corruption; 

  Step up targeted information campaigns clarifying the rights and obligations entailed 

in visa-free travel. 

Georgia 

Integrated border management, migration management and asylum 

As regards irregular migration challenges, between the second half of 2016 and mid-2017 the 
trends for illegal stay and refusal of entry remained stable. The figures for asylum applications 
by Georgian nationals in the EU between the second half of 2016 (4,750) to mid-2017 (4,630) 
do not indicate a further increase. Refusals of entry decreased by 39% from 1,330 in 2015 to 
810 in 2016 and illegal stays by 3% from 5,405 in 2015 to 5,240 in 2016; asylum applications 
increased by 7.2% (from 8,110 in 2015 to 8,700 in 2016). An increase of 22% was registered 
between the first and second half of 2016 (from 3,905 to 4,750). The asylum recognition rate 
remained  almost  the  same  (6.62%  in  2015  and  6.48%  in  2016).  The  number  of  Georgian 
citizens ordered to leave decreased by 12% from 6,415 in  2015 to  5,635 in 2016, while the 
return rate increased from 45.13% in 2015 to 55.90% in 2016. While the return rate remains 
relatively  modest,  readmission  cooperation  is  deemed  excellent  by  Member  States  and  the 
vast majority of readmission requests filed in 2016 were approved by Georgian authorities.  

Georgia has made further progress in implementing the 2016-2020 Migration Strategy and its 
Action  Plan,  inter  alia  in  establishing  the  Unified  Migration  Analytical  System  (testing 
launched in October 2016), the Unified System of Risk and Threat Analysis at the borders, the 
Migration  Risk  Analysis  methodology,  updating  the  2015  Migration  Profile,  and  thereby 
continued  implementing  the  visa  liberalisation  benchmarks  in  a  sustained  manner.  Georgia 
has been carrying out three phases of nation-wide campaigns and trainings on the rules of visa 
free travel and is monitoring travels to the Schengen area. 

Regarding  asylum  procedures,  the  significant  number  of  asylum  applications  in  Georgia 
rejected  on  the  basis  of  national  security  considerations  during  the  first  half  of  20178  is  an 

8  

In  January-June  2017,  26%  of  all  decisions  were  rejections  based  on  national  security  grounds.  In  2016 
and 2015 these percentages were 5% and 4% respectively (source UNHCR).  

10 

 
 
 
 
  
 
 
 
                                                            
issue of concern which has been raised in the third and fourth progress reports on Georgia's 
implementation of the action plan on visa liberalisation9, and which needs to be addressed. 

Public order and security 

Since  the  last  visa  liberalisation  report,  OCGs  from  Georgia  are  still  reported  as  one  of  the 
most frequently represented non-EU nationalities involved in serious and organised crime in 
the EU. Georgian OCGs are highly mobile, are mainly involved in organised property crime 
(particularly  organised  burglaries  and  thefts)  and  especially  active  in  France,  Greece, 
Germany, Italy and Spain. These OCGs are particularly threatening to the EU because their 
activities  are  often  dismissed  as  low  intensity  crime,  their  control  of  criminal  markets  is 
gradually increasing and they cooperate with other non-EU OCGs. Georgia remains a transit 
country for various illicit commodities trafficked to the EU, in particular drugs. Georgia has 
been increasingly used to launder illicit proceeds generated by various OCGs in the EU and 
outside the EU and has been emerging as a transit country for laundered criminal proceeds. 

Georgia ensured continuous fulfilment and demonstrated serious commitment in preventing 
and  fighting  organised  crime.  It  has  stepped  up  cooperation  at  international  level.  Efforts 
need  to  be  sustained  and  consolidated,  in  particular  on  the  enforcement  side.  National 
strategies  and  actions  plans,  as  well  as  legislation  are  regularly  updated.  The  new  National 
Strategy of 2017-2020 for Combating Organised Crime and Action Plan 2017-2018 focuses 
on  the  following  key  areas:  organised  crime  groups  (“thieves-in-law”),  drugs,  cybercrime, 
modern  policing  and  international  cooperation.  Their  timely  and  effective  implementation 
must be ensured in the coming months. Police reforms began in 2015 on intelligence-led and 
community policing are progressing, as well as the establishment of the unified crime analysis 
system.  They  are  of  crucial  importance  for  understanding  and  analysing  criminal  activities 
and  targeted  law  enforcement  and  criminal  justice  action.  Police  attachés  are  posted  in  key 
Member States and new law enforcement agreements are being concluded. Georgia signed an 
Operational  and  Strategic  Cooperation  Agreement  with  the  Europol  in  April  2017  which 
entered  into  force  in  July  2017.  The  steps  towards  the  negotiation  of  the  Cooperation 
agreement with Eurojust are ongoing and negotiations are scheduled to start in January 2018.  

While  overall  Georgia  has  a  good  track  record  in  implementing  anti-corruption  reforms, 
particular  attention  should  be  paid  to  the  effective  implementation  of  the  verification 
mechanism of asset declarations introduced in January 2017. 

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  Further  improvement 
of the implementation is expected. The following areas need to be addressed: 

  Continue  campaigns on  the rules  of visa free travel, finalise the  migration analytical 
and risk analysis systems and step up efforts in addressing the identified root causes of 
migration; 

  Operationalise  the  Cooperation  Agreement  concluded  with  Europol  as  a  matter  of 

priority and conclude the cooperation agreement with Eurojust; 

9  

COM (2015) 199/SWD(2015) 103 final, adopted on 8.5.2015, and COM(2015)684/SWD(2015) 299 final, 
adopted on 18.12.2015. 

11 

 
 
 
 
 
 
 
 
                                                            
  Finalise  the  reform  on  intelligence-led  policing  and  the  creation  of  a  unified  crime 

analysis system as a matter of priority; 

  Continue  and  further  strengthen  cross-border 

law  enforcement  and 

judicial 

cooperation; 

  Step  up  efforts  on  enforcing  money-laundering  legislation,  tracing,  freezing  and 
confiscating  criminal  assets,  including  across  borders.  Designate  a  national  Asset 
Recovery  Office.  Align  the  legislation  with  the  fourth  EU  Anti-Money  Laundering 
Directive; 

  Adopt  amendments  to  the  anti-discrimination  law  to  make  its  implementation 

effective. 

Ukraine 

Integrated border management, migration management and asylum 

As regards irregular migration challenges, the trends between the second half of 2016 and first 
half of 2017 for illegal stay and refusal of entry, indicate a slight decrease. The numbers for 
asylum  applications  by Ukrainian  nationals  in  the  EU  between  the  second  half  of  2016  and 
first  half  of  2017  indicate  a  stable  trend  (from  5,435  to  5,380).  Refusals  of  entry  slightly 
decreased by 5% from 23,795 in 2015 to 22,495 in 2016, while illegal stays increased by 26% 
from  23,480  in  2015  to  29,565  in  2016.  There  was  a  substantial  decrease  in  asylum 
application by 44% from 22,100 asylum application in 2015 to 12,460 in 2016. The asylum 
recognition rate was 30.12% in 2015 and 24.61% in 2016. The number of Ukrainian citizens 
ordered  to  leave  increased  from  19,200  in  2015  to  26,865  in  2016,  while  the  return  rate 
increased from 76.41% in 2015 to 82.58% in 2016. Cooperation with Ukraine on readmission 
remains very good, which is proven by qualitative assessments of both the EU and Member 
States. 

As  regards  migration  management,  on  12  July  2017  the  2025  State  Migration  Policy  of 
Ukraine  was  adopted.  During  2015-2017  targeted  national  preventive  operations  were 
conducted to monitor the implementation of the migration legislation.  In May 2017, Ukraine 
launched a state-wide information campaign to explain the rights and obligations of the visa-
free regime.  

Public order and security 

Regarding  organised  crime,  Ukraine  still  remains  a  transit  country  for  various  illicit 
commodities trafficked to the EU. Heroin is trafficked along the Caucasus route, among other 
Eastern  Partnership  countries,  via  Ukraine  to  the  EU  in  large  quantities.  OCGs  originating 
from Ukraine are involved in excise fraud, particularly the production and smuggling of illicit 
tobacco  products  to  the  EU.  Cybercriminals  based  in  Ukraine  are  highly  sophisticated.  As 
regards  illegal  firearms  trafficking,  although  the  level  of  trafficking  activity  appears  to  be 
currently low, Ukraine is a potential source country for illegal firearms trafficking to the EU. 
The former unit in the National Police dedicated to investigate organised crime was disbanded 
in 2015 without plans for replacing it.  

Ukraine  ratified  an  agreement  with  Europol  on  Operational  and  Strategic  Cooperation.  In 
September 2017, the Cooperation agreement with Eurojust on combating cross-border crime 

12 

 
 
 
 
 
 
 
 
 
and  terrorism  entered  into  force.  In  a  first  step  to  establish  a  system  of  cyber  security,  in 
October  2017  the  Parliament  adopted  a  cyber  security  law  to  start  state  policy  formation  in 
this  field  and  create  conditions  for  ensuring  cyber  protection  of  the  country's  information 
infrastructure.  

Since the final visa liberalisation report, there has been progress in the implementation of the 
anti-corruption  reform,  in  particular  regarding  the  effective  functioning  of  newly  created 
National  Anti-Corruption  Bureau  (NABU)  and  Specialised  Anti-Corruption  Prosecution 
(SAP), but the sustainability of reforms remains a challenge. Maintaining and strengthening 
the  independence  as  well  as  the  effective  functioning  of  NABU,  SAP  and  the  National 
Agency  for  the  Prevention  of  Corruption  (NAPC)  should  be  key  priorities.  Recent 
developments such as the introduction of tight time limits for pre-trial investigations, as well 
as the public disclosure of NABU's undercover investigations at the end of November by the 
General  Prosecutors  Office  seriously  undermine  NABU's  capacity  to  effectively  conduct 
investigations and public trust in the anti-corruption institutions. A draft law introduced in the 
Parliament beginning of December 2017, which would unduly facilitate the dismissal of the 
heads  of  anti-corruption  institutions,  although  currently  taken  off  the  agenda,  still  remains 
registered.  Further,  the  lack  of  convictions  in  cases  falling  under  the  jurisdiction  of  NABU 
and SAP is of serious concern. The set-up of an independent specialised high anti-corruption 
court in full compliance with the Venice Commission opinion would contribute to remedying 
these shortcomings. 

As regards NAPC, following the successful launch of the e-declarations system in September 
2016,  the  effective  verification  of  e-declarations  is  severely  hampered  by  challenges. 
Concerns  relate  to  the  management  of  the  Agency,  a  cumbersome  regulatory  framework, 
failure  to  install  automated  verification  software,  absence  of  direct  and  automatic  access  to 
relevant  databases  and  registries,  as  well  as  a  persistent  lack  of  cooperation  of  other  state 
institutions.  The  recent  whistle-blower  case  against  the  leadership  of  NAPC  raises  further 
concerns on the credibility of the institution and its ability to deliver results.  

Increasing  pressure  on  civil  society,  including  through  criminal  investigations  and  physical 
attacks are additional worrying developments. Legislative changes introduced in March 2017 
requiring anti-corruption activists to submit asset declarations equally raise serious concerns. 

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  However,  in  view  of 
recent  developments,  immediate  actions  need  to  be  taken  in  order  to  ensure  full 
implementation  and  sustainability  of  past  reforms,  in  particular  as  regards  the  anti-
corruption benchmark. The following areas need to be addressed: 

  Enhance  cooperation  with  EU  relevant  agencies  to  prevent  risks  stemming  from 

irregular migration, 

  Step up targeted information campaigns clarifying the rights and obligations entailed 

in visa-free travel,  

  Ensure  the  independence,  effectiveness  and  sustainability  of  the  anti-corruption 
institutional  framework,  in  particular  by  setting  up  an  independent  and  specialised 
high  anti-corruption  court  in  accordance  with  the  Venice  Commission  opinion  and 
Ukrainian legislation. In parallel, the  independence  and capacity  of NABU and SAP 
must be ensured and reinforced, reversing current trends undermining their work. 

13 

 
 
 
 
 
 
 
  Restore as a matter of urgency the credibility of the NAPC and establish an effective 
verification system of asset declarations, including through the automatic verification 
software with direct and automatic access to state databases and registers; 

  Repeal  the  amendments  extending  the  scope  of  asset  declaration  obligations  to  civil 
society  declarants  and  ensure  that  civil  society  can  play  its  role  without  undue 
obstacles and interference; 

  Step up efforts to combat organised crime, including by dedicating sufficient resources 
and expertise in  the  National  Police, introducing a clear  delineation of competencies 
and improving cooperation between law enforcement agencies. 

III. Conclusions  

In  accordance  with  Article  1a  (2b)  of  Regulation  (EC)  No  539/2001  requiring  the 
Commission  to  monitor  and  report  on  the  continuous  fulfilment  of  visa  liberalisation 
requirements  by  third  countries,  the  Commission  considers  that  on  the  basis  of  the  analysis 
presented  in  this  Report  and  the  annexed  Staff  Working  Document,  the  visa  liberalisation 
requirements for the concerned countries continue to be fulfilled. The Report identifies further 
actions  that  should  be  undertaken  in  specific  areas  in  order  to  preserve  continuous  and 
sustainable  implementation.  In  addition,  continued  implementation  of  all  other  benchmarks 
needs to be ensured.    

The Western Balkan and Eastern Partnership countries continued to take measures to address 
the still persisting irregular migration challenges, in particular Albania. These measures are 
already  yielding  results.  Cooperation  on  readmission  continues  smoothly  for  all  Western 
Balkan and Eastern Partnership visa-free countries with overall high return rates. 

As  regards  prevention  and  fight  against  organised  crime,  despite  continuous  efforts, 
organised crime groups from these countries are still active in trafficking in illicit fire arms, 
property crime and trafficking of various illicit commodities (in particular drugs and tobacco), 
money laundering, trafficking in human beings, smuggling of migrants and cybercrime in EU 
Member States. Efforts in this respect need to be strengthened. 

As regards the prevention and fight against corruption and money laundering, Moldova 
needs  to  take  immediate  actions  to  ensure the  continuous implementation  of  the  benchmark 
and the sustainability of the reforms. In view of recent developments, Ukraine also needs to 
take  immediate  actions  to  safeguard  anti-corruption  measures  introduced  with  previous 
reforms and to allow further progress to be made.  

Implementation  of  the  visa  liberalisation  benchmarks  is  a  continuous  ongoing  process. 
Regular Justice, Liberty and Security Subcommittee Meetings and Dialogues between the EU 
and visa liberalisation countries, including for the Western Balkans countries, where relevant, 
EU  accession  negotiations,  as  well  as  senior  officials  meetings  provide  the  appropriate 
framework  to  discuss  these  matters  further.  The  Commission  will  report  again  to  the 
European  Parliament  and  the  Council  on  the  continuous  fulfilment  of  visa  liberalisation 
requirements by third countries in 2018.  

14