COMMISSION STAFF WORKING DOCUMENT Accompanying the document 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 SWD(2017) 480 final  COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL First Report under the Visa Suspension Mechanism  {COM(2017) 815 final}  
 
 
TABLE OF CONTENTS 

I. INTRODUCTION .................................................................................................................. 2 

II. ASSESSMENT OF SPECIFIC AREAS IN LINE WITH VISA LIBERALISATION 
BENCHMARKS ........................................................................................................................ 2 

II.1 WESTERN BALKANS ................................................................................................... 2 

II.1.1 ALBANIA ................................................................................................................. 2 

II.1.2 THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA ............................... 5 

II.1.3 BOSNIA AND HERZEGOVINA ............................................................................. 8 

II.1.4 MONTENEGRO ..................................................................................................... 11 

II.1.5 SERBIA ................................................................................................................... 14 

II.2 EASTERN PARTNERSHIP .......................................................................................... 18 

II.2.1 REPUBLIC OF MOLDOVA .................................................................................. 18 

II.2.2 GEORGIA ............................................................................................................... 23 

II.2.3 UKRAINE ............................................................................................................... 30 

III. ANNEX - STATISTICS .................................................................................................... 36 

III.1 IRREGULAR MIGRATION ....................................................................................... 36 

III.2 ASYLUM ..................................................................................................................... 37 

III.3 RETURN AND READMISSION ................................................................................ 38 

III.4 SECURITY ................................................................................................................... 39 

1 

 
 
 
 
 
I. INTRODUCTION 

The Commission Staff Working Document (CSWD) accompanies the First Report under the 
Visa  Suspension  Mechanism  (First  Report).  The  CSWD  builds  on  the  information  and  the 
assessment provided in the First Report and provides a detailed analysis of the most relevant 
developments relating to the implementation of the visa liberalisation benchmarks.  

II. ASSESSMENT OF SPECIFIC AREAS IN LINE WITH VISA LIBERALISATION 
BENCHMARKS 

II.1 WESTERN BALKANS 

II.1.1 ALBANIA 

Irregular migration, including readmission 

As regards irregular migration challenges, between 2015 and 2016, refusals of entry increased 
by  91%  from  15,835  to  30,305.  Greece  was  the  most-affected  Member  State  in  2016, 
followed by Italy: 

Refusals of entry 
for citizens  
of Albania 
Schengen+ area 
Greece 
Italy 
Croatia 
Hungary 
France 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

1,135 
305 
355 
N/A 
10 
45 

1,715 
670 
435 
N/A 
35 
105 

2,195 
1,015 
575 
N/A 
50 
60 

15,990 
9,000 
4,930 
N/A 
210 
170 

12,495 
7,415 
2,920 
N/A 
180 
90 

12,260 
4,845 
3,105 
1,125 
840 
150 

13,240  15,835 
4,440 
3,800 
3,760 
3,375 
1,730 
1,560 
1,795 
1,400 
335 
105 

30,305 
15,930 
5,280 
1,955 
1,855 
1,510 

Illegal stay: Between 2015 and 2016, illegal stays fell by 30% from 47,755 to 33,445. Greece 
remained the most-affected Member State in 2016, followed by Germany: 

Illegal stay by 
citizens of 
Albania 
Schengen+ area 
Greece 
Germany 
France 
Italy 
Switzerland 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

71,920 
65,480 
755 
1,210 
3,635 
0 

68,655 
63,140 
615 
635 
2,875 
465 

52,170 
47,120 
460 
560 
2,820 
440 

16,640 
11,225 
545 
1,495 
1,715 
500 

17,665 
10,525 
855 
1,750 
2,230 
680 

25,815 
15,555 
1,345 
3,170 
2,265 
810 

29,895 
15,090 
1,920 
5,255 
2,390 
925 

47,755 
16,910 
17,995 
5,540 
2,555 
1,035 

33,445 
11,335 
10,520 
4,635 
2,270 
935 

2 

 
 
 
 
 
 
 
Asylum:  Between  2015  and  2016,  asylum  applications  fell  by  54%  from  66,715  to  30,840. 
Germany was the most-affected Member State in 2016, followed by France:  

Yearly total 
number of 
asylum 
applications by 
citizens of 
Albania 
Schengen+ area 
Germany 
France 
Netherlands 
Greece 
Belgium 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

1,160 
75 
345 
10 
200 
175 

1,810 
55 
560 
15 
515 
280 

1,720 
45 
515 
20 
695 
245 

2,685 
85 
505 
30 
275 
1,290 

6,670 
250 
2,705 
20 
385 
1,075 

9,685 
1,295 
5,065 
35 
580 
775 

15,185 
8,110 
3,000 
90 
570 
730 

66,715 
54,760 
3,650 
1,010 
1,005 
825 

30,840 
17,230 
7,445 
1,700 
1,425 
815 

In  the  first  half  of  2017,  asylum  applications  fell  by  27%  compared  to  the  previous  six 
months.  In  this  period,  France  overtook  Germany  as  the  Member  States  most  affected  by 
Albanian  asylum  applications.  These  figures  are  still  the  absolute  highest  for  any  visa-free 
state: 

Monthly 
asylum 
applications 
by citizens of 
Albania 
Schengen+ 
area 

2016 
M07 

2016 
M08 

2016 
M09 

2016 
M10 

2016 
M11 

2016 
M12 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

2016 
2nd  
half 

2017 
1st 
half 

2,800 

3,035 

3,730 

2,625 

2,695 

2,280 

1,945 

1,620 

2,325 

2,220 

2,170 

2,160 

17,165 

12,440 

France 

585 

655 

670 

1,000 

1,045 

1,120 

1,030 

Germany 

1,710 

1,915 

2,510 

1,035 

1,030 

Greece 

Belgium 

Sweden 

90 

75 

65 

95 

75 

55 

130 

180 

70 

75 

95 

95 

175 

130 

75 

705 

140 

60 

80 

575 

105 

55 

35 

880 

380 

100 

85 

30 

1,200 

1,170 

1,160 

1,060 

680 

125 

95 

60 

625 

190 

60 

50 

475 

250 

50 

55 

525 

245 

60 

90 

5,075 

8,905 

810 

505 

445 

6,500 

3,260 

1,015 

405 

320 

Albania  has  stepped  up  operational  cooperation  with  Member  States  most  affected  by 
irregular  migration  from  Albania,  including  information  exchange  with  Member  States  on 
Schengen  entry  bans.  Albania’s  practice  of  conducting  ‘exit  interviews’  with  travellers  at 
BCPs must respect travellers’ fundamental rights. 

Since  July  2017,  Albanian  authorities  have  been  working  very  closely  with  most  affected 
Member States to address the irregular migration of unaccompanied minors, the facilitation of 
irregular  migration,  operational  cooperation  to  address  irregular  migration  and  information 
exchange,  document  fraud  and  information  campaigns  on  the  rights  and  obligations  of  the 
visa-free travel. Cross-checking information with Member State authorities enabled Albania, 
in August and September 2017, to persuade 4,271 Albanian travellers with SIS entry bans not 
to  continue  their  journeys  towards  the  EU.  Albania  has  also  begun  negotiations  with  the 
European  Commission  enabling  the  deployment,  on  its  territory,  of  team  members  of  the 
3 

 
 
 
 
 
European Border and Coast Guard Agency. Although the pressure on Albania represented by 
mixed migration flows route has been manageable, such an agreement could provide a further 
layer of protection in controlling mixed migration flows along this route. 

Albania has also amended its law on foreigners to further align it with the EU acquis on legal 
migration. 

Readmission  and  return:  Readmission  is  functioning  well,  with  the  country  swiftly 
honouring readmission requests from EU Member States. With 41,285 returns performed to 
Albania in 2016, the return rate to this country increased substantially from 86.45% in 2015 to 
129.12% in 2016. Member States commend Albania's very good collaboration on readmission 
and return, especially given EU's concern on the high number of Albanian irregular migrants 
and  asylum  seekers  in  the  EU.  Albania's  efforts  to  rigorously  respect  deadlines,  run  return 
operations  smoothly,  organise  information  campaigns  to  prevent  irregular  migration  and 
improve the readmission of unaccompanied minors are a good step forward.  

2014 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

27,125 

23,260 

85.75% 

39,310 

33,985 

86.45% 

31,975 

41,285 

129.12% 

Schengen+ 
area 

Germany 

N/A 

N/A 

N/A 

Greece 
France 
Italy 
Netherlands 

15,090 
4,505 
2,390 
130 

17,145 
2,125 
1,070 
255 

113.62% 
47.17% 
44.77% 
196.15% 

10,960 

12,000 
5,235 
2,555 
475 

15,730 

143.52% 

10,900 

22,890 

210.00% 

9,630 
2,280 
1,160 
545 

80.25% 
43.55% 
45.40% 
114.74% 

7,730 
4,170 
2,270 
1,585 

9,690 
2,335 
1,115 
1,765 

125.36% 
56.00% 
49.12% 
111.36% 

Implementing  protocols  (IP)  exist  with  Austria,  Benelux,  Bulgaria,  France,  Italy,  Hungary, 
Malta, Portugal and Slovakia. Negotiations have been finalised with Spain and IP should be 
signed  soon.  Negotiations  are  ongoing  with  Greece.  A  bilateral  agreement  has  been  signed 
with  Denmark.  Readmission  Agreements  have  also  been  signed  with  Serbia  and  Moldova. 
Negotiations started with Russia in 2015 and are ongoing. Following the recommendations of 
last  year's  progress  report  on  the  post-visa  liberalisation,  negotiations  are  also  being 
conducted with Morocco, Afghanistan, Iraq and Iran. 

Public order and security 

Albanian-speaking  organised  crime  groups  are  particularly  active  across  a  broad  range  of 
criminal activities in the EU, although they cannot be linked to Albania alone. These groups 
are  usually  poly-criminal  and  engage  in  drug  trafficking,  notably  of  cannabis,  cocaine  and 
heroin; migrant smuggling; organised property crime; racketeering and extortion. Albania also 
retains one of the largest weapon stocks in the region. Between 2012 and 2016, 144 Foreign 
Terrorist Fighters have travelled from Albania to Syria to join the armed conflict. According 
to the authorities there have been no new departures since 2015 to date.  

4 

 
 
 
 
 
 
The monthly number of alerts created by Member States in the Schengen Information System 
(SIS) based on Article 26 alerts remained the absolute highest for any visa-free state, with 269 
total entries, throughout the period October 2016-September 2017. 

Art. 26 
SIS alerts 
Albania 

2016 
M10 
24 

2016 
M11 
31 

2016 
M12 
18 

2017 
M01 
20 

2017 
M02 
16 

2017 
M03 
30 

2017 
M04 
23 

2017 
M05 
11 

2017 
M06 
23 

2017 
M07 
31 

2017 
M08 
20 

2017 
M09 
22 

Grand 
Total 
269 

To  target  organised  crime,  Albania  has  tightened  its  legislation  on  combating  drug 
trafficking,  as  well  as  its  criminal  code  on  controlled  deliveries.  It  has  also  amended  its 
legislation  to  enable  weapon  tracing  and  identification.  Albania  has  also  taken  steps  to 
improve  the  effectiveness  of  its  law  enforcement  efforts  to  combat  serious  and  organised 
crime. Albania has also strengthened controls of documents at certain BCPs, including Rinas 
airport. Seizures  of illicit drugs, cannabis in  particular,  increased substantially from 2015 to 
2017. 

Albania has also amended it legal framework on corruption by extending the scope of asset 
investigations  in  criminal  investigations.  Relations  with  Europol  have  deepened  between 
2016-mid  2017,  as  demonstrated  by  the  number  of  complex  joint  investigations  on  drug 
trafficking. 

II.1.2 THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 

Irregular migration, including readmission 

As  regards  irregular  migration  challenges,  between  2015  and  2016,  refusals  of  entry fell  by 
2% from 2,555 to 2,495. Countries close to the former Yugoslav Republic of Macedonia, such 
as  Hungary,  Greece,  Slovenia  and  Croatia  have  been  most  affected;  further  afield,  French 
detections have increased. 

Refusals of entry for 
citizens of the former 
Yugoslav Republic of 
Macedonia 
Schengen+ area 
Hungary 
Greece 
Slovenia 
Croatia 
France 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2,115  2,300  4,165  3,320  2,325  2,465  2,560  2,555  2,495 
785 
495 
110 
380 
565 
305 
355 
425 
475 
200 
N/A 
N/A 
160 
15 
30 

515 
215 
1,415 
450 
1,035  1,090 
N/A 
N/A 
10 
20 

555 
950 
835 
N/A 
15 

770 
480 
520 
165 
15 

755 
395 
450 
285 
45 

915 
510 
450 
275 
15 

Illegal stay: Between 2015 and 2016, illegal stays fell by 13% from 5,265 to 4,595. Germany 
has  detected  the  bulk  of  irregular  stay  by  citizens  of  the  former  Yugoslav  Republic  of 

5 

 
 
 
 
 
 
 
Macedonia; Switzerland, Hungary and Slovenia are also affected by this irregular migration 
trend. 

Illegal stay by 
citizens of 
citizens of the 
former Yugoslav 
Republic of 
Macedonia 
Schengen+ area 
Germany 
Switzerland 
Hungary 
Slovenia 
Austria 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2,770 
1,225 
N/A 
35 
105 
380 

2,200 
560 
295 
80 
85 
345 

3,580 
1,125 
430 
130 
420 
195 

3,765 
1,255 
530 
225 
685 
175 

3,840 
1,805 
430 
500 
45 
200 

3,835 
1,970 
285 
395 
35 
215 

4,505 
2,205 
330 
505 
40 
180 

5,265 
3,530 
420 
370 
40 
95 

4,595 
2,560 
480 
365 
365 
140 

Asylum:  Between  2015  and  2016,  asylum  applications  fell  by  44%  from  16,110  to  9,100. 
Germany was the most-affected Member State, but asylum applications increased rapidly in 
2016 in Iceland, making it the second most-affected Associated Country in the Schengen area. 

Yearly total 
number of asylum 
applications by 
citizens of the 
former Yugoslav 
Republic of 
Macedonia 
Schengen+ area 
Germany 
Iceland 
Netherlands 
France 
Sweden 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

930 
135 
0 
5 
110 
60 

1,010 
160 
0 
15 
75 
90 

8,090 
3,545 
5 
390 
595 
900 

6,565 
1,755 
0 
265 
745 
875 

10,780  11,175 
9,415 
6,890 
0 
0 
100 
60 
345 
855 
455 
615 

10,435 
8,905 
10 
120 
235 
425 

16,110 
14,130 
25 
110 
340 
465 

9,100 
7,010 
470 
435 
430 
185 

In the first half of 2017, asylum applications fell by 28% from 5,240 to 3,755 compared to the 
previous six months. Germany remains the most-affected Member State, followed by France. 

Monthly asylum 
applications by 
citizens of the 
former 
Yugoslav 
Republic of 
Macedonia 
Schengen+ 
area 
Germany 

France 

2016 
M07 

2016
M08 

2016
M09 

2016
M10 

2016
M11 

2016
M12 

2017
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2016 
2nd 
half 

2017 
1st 
half 

905 

760 

20 

930 

1,170 

805 

855 

575 

560 

555 

925 

690 

465 

560 

5,240 

3,755 

775 

20 

915 

55 

475 

545 

405 

440 

70 

45 

30 

55 

395 

45 

710 

105 

470 

100 

295 

410 

3,875 

2,720 

65 

90 

240 

460 

6 

 
 
 
 
Belgium 

Sweden 

Netherlands 

10 

5 

65 

15 

15 

65 

20 

35 

25 

30 

25 

25 

20 

15 

15 

10 

15 

20 

10 

10 

5 

25 

30 

20 

35 

15 

15 

25 

15 

20 

30 

15 

10 

15 

10 

10 

105 

110 

215 

140 

95 

80 

Readmission  and  return:  Readmission  is  functioning  well,  with  the  country  swiftly 
honouring  readmission  requests  from  EU  Member  States  and  an  excellent  return  rate  of 
127.71%  in  2016.  Implementing  Protocols  are  in  place  with  Bulgaria,  Estonia,  Germany, 
Austria  and  Slovakia.  The  country  is  in  the  process  of  concluding  implementing  protocols 
with  France,  Hungary,  Italy,  Latvia,  Lithuania  and  Iceland.  While  not  necessary  for  the 
operation of the EU readmission agreement, these implementing protocols could buttress the 
agreement’s functioning. 

2014 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 
Returne
d 

Return 
rate 

2,530 

2,400 

94.86% 

5,700 

5,800 

101.75% 

6,085 

7,710 

126.71% 

N/A 

0 
625 
185 
410 

2,160 

N/A 

2,880 

4,825 

167.53% 

3,715 

6,530 

175.77% 

20 
155 
115 
270 

N/A 
24.80% 
62.16% 
65.85% 

420 
520 
145 
580 

N/A 
105 
60 
455 

N/A 
20.19% 
41.38% 
78.45% 

525 
460 
335 
260 

245 
115 
225 
225 

46.67% 
25.00% 
67.16% 
86.54% 

Schengen+ 
area 

Germany 

Austria 
Belgium 
Netherlands 
Sweden 

The former Yugoslav Republic of Macedonia has also started negotiations with the European 
Commission  enabling  the  deployment  on  its  territory  of  team  members  of  the  European 
Border  and  Coast  Guard  Agency.  These  negotiations  are  expected  to  be  concluded  soon, 
adding  a  new  layer  of  protection  to  controlling  mixed  migration  flows  along  the  Western 
Balkan migration route. It has concluded agreements with Austria, Hungary and Serbia on the 
management of mixed migration flows. 

The  country  has  also  amended  its  Law  on  foreigners  to  align  it  with  EU  standards  on  legal 
migration and has hosted a small number of stranded migrants since the  de facto closure of 
the Western Balkan route in March 2016. 

Public order and security 

Criminals from the former Yugoslav Republic of Macedonia are active in the trafficking and 
distribution of drugs, notably heroin. The country remains a source of archaeological objects, 
religious items and cultural goods trafficked to the EU. Some criminal groups also engaged in 
sports corruption, notably betting fraud. Returning foreign terrorist fighters also pose a risk to 
this country.  

7 

 
 
 
 
 
 
 
The monthly number of alerts created by Member States in the Schengen Information System 
(SIS)  based  on  Article  26  remained  stable  throughout  the  period  October  2016-September 
2017, amount to 35 over this period. 

Art. 26  
SIS alerts 
Former 
Yugoslav 
Republic  
of Macedonia 

2016 
M10 

2016 
M11 

2016 
M12 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

2017 
M07 

2017 
M08 

2017 
M09 

Grand 
Total 

1 

0 

1 

4 

1 

7 

3 

3 

2 

2 

5 

6 

35 

The  former  Yugoslav  Republic  of  Macedonia  has  adopted  a  new  national  Serious  and 
Organised  Crime  Threat  Assessment  (SOCTA)  in  line  with  Europol’s  model,  focusing  on 
trafficking in human beings, notably unaccompanied minors, and a new strategy in combating 
the trafficking of small weapons, and new counter-terrorism strategy and aimed to step up its 
efforts to combat drug trafficking. It has also developed a regional SOCTA 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  have  improved,  as  has  operational  cooperation  with  Europol.  It  has  also  signed 
bilateral  agreements  or  memoranda  of  understanding  with  Austria,  Italy,  Poland,  Slovakia, 
Slovenia  to  enhance  law  enforcement  cooperation  and  the  fight  against  serious  crime. 
Operational relations with Europol have also improved. 

II.1.3 BOSNIA AND HERZEGOVINA 

Irregular migration, including readmission 

As regards irregular migration challenges, the refusal of entry rate in 2016 stayed at the same 
level as in 2015 with 5,150 cases. The number of detected illegal stays remained low, and in 
comparison to 2015 decreased slightly in 2016 from 3,585 to 3,645 cases.  

Refusals of entry for 
citizens of Bosnia and 
Herzegovina 
Schengen+ area 
Croatia 
Slovenia 
Hungary 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

1,610 
N/A 
930 
95 

1,280 
N/A 
1,025 
100 

865 
N/A 
630 
140 

1,695 
N/A 
1,230 
210 

1,610 
N/A 
1,215 
225 

6,045 
4,515 
1,145 
240 

4,910 
3,540 
865 
360 

5,185 
3,525 
865 
585 

5,150 
3,525 
720 
570 

Illegal stay by citizens 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

8 

 
 
 
 
 
 
 
 
of Bosnia and 
Herzegovina 
Schengen+ area 
Germany 
Slovenia 
Croatia 
Hungary 
Switzerland 

2,500 
1,115 
210 
N/A 
45 
N/A 

2,170  2,320 
650 
685 
400 
315 
N/A 
N/A 
40 
40 
85 
85 

2,770 
790 
555 
N/A 
70 
90 

2,870 
1,095 
140 
N/A 
90 
135 

3,220 
1,330 
115 
195 
175 
125 

3,950 
1,640 
175 
400 
250 
150 

3,585  3,645 
1,715  1,440 
495 
175 
395 
390 
280 
290 
225 
180 

After a period of elevated figures of around 400 asylum applications on average per month in 
the second part of 2016, the number of asylum applications lodged by the country's nationals 
in the Schengen zone dropped in the second quarter of 2017 and in June 2016 amounted to 
180. The top destinations countries were: Germany and France. 

Yearly total number 
of asylum 
applications by 
citizens of Bosnia 
and Herzegovina 
Schengen+ area 
Germany 
France 
Netherlands 
Sweden 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

1,115 
215 
235 
15 
155 

1,600 
250 
450 
20 
135 

2,295 
355 
500 
10 
120 

2,965 
405 
250 
30 
970 

6,395 
2,370 
785 
70 
1,555 

7,320 
4,845 
925 
85 
520 

10,895 
8,475 
845 
130 
495 

9,100 
7,475 
400 
125 
540 

4,495 
3,105 
480 
295 
155 

Monthly asylum 
applications by 
citizens of 
Bosnia and 
Herzegovina 
Schengen+ 
area  
Germany  

France 

Netherlands 

Sweden 

2016 
M07 

2016
M08 

2016
M09 

2016
M10 

2016
M11 

2016
M12 

2017
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2016 
2nd 
half 

2017 
1st 
half 

330 

225 

30 

25 

10 

455 

465 

390 

405 

295 

295 

260 

355 

185 

165 

180 

2,340 

1,440 

355 

350 

255 

260 

180 

165 

35 

35 

5 

45 

25 

20 

65 

15 

25 

50 

25 

20 

55 

25 

5 

55 

15 

25 

150 

50 

5 

5 

235 

70 

5 

15 

95 

65 

5 

5 

90 

45 

0 

10 

85 

65 

10 

10 

1,625 

280 

150 

85 

820 

350 

40 

70 

Readmission and return: As regards implementation of the readmission agreement with EU, 
a satisfactory level of cooperation was reported by EU Member States. Eurostat figures show 
a  constant  trend  of  around  5,000  return  decisions  per  year  (of  which  more  than  2,000  from 
Germany) and a stable the return rate around 73% over the period 2015-2016.  

13 Implementation Protocols (IP) were concluded with 15 EU Member States: Estonia, Malta, 
Austria,  Bulgaria,  Hungary;  Czech  Republic,  Romania,  Belgium,  The  Netherlands, 
Luxemburg, Germany, France, Slovakia, Greece and Slovenia. An IP should be signed soon 

9 

 
 
 
 
 
 
with  Italy,  as  the  internal  procedures  are  finalised.  Negotiations  with  Sweden  are  on-going. 
Spain, Portugal, Lithuania and Latvia expressed their willingness to conclude IP as well. 

2014 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

5,450 

3,320 

60.92% 

5,675 

4,100 

72.25% 

5,080 

3,755 

73.92% 

2,065 

1,665 

80.63% 

2,210 

2,280 

103.17% 

2,105 

2,235 

106.18% 

770 
0 
175 
735 

595 
N/A 
45 
235 

77.27% 
N/A 
25.71% 
31.97% 

695 
355 
175 
435 

535 
N/A 
45 
205 

76.98% 
N/A 
25.71% 
47.13% 

645 
435 
325 
320 

485 
155 
35 
100 

75.19% 
35.63% 
10.77% 
31.25% 

Schengen+ 
area 

Germany 

Croatia 
Austria 
Slovenia 
France 

Public order and security 

According  to  Europol,  nationals  of  Bosnia  and  Herzegovina  are  among  the  most  frequently 
reported nationalities for organised property crimes in the EU. Organised crime groups from 
the country are involved in home theft, violent burglaries and rip-deals as well as in human 
trafficking.  The  country  is  also a  destination  country  for  vehicles  stolen  in  various Member 
States.  

The monthly number of alerts created by Member States in the Schengen Information System 
(SIS) based on Article 26 increased in the recent months. 

Art. 26  
SIS alerts 
Bosnia and 
Herzegovina 

2016 
M10 

2016 
M11 

2016 
M12 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

2017 
M07 

2017 
M08 

2017 
M09 

Grand 
Total 

6 

6 

3 

8 

8 

13 

5 

10 

8 

9 

12 

21 

109 

In  October  2016  a  framework  action  plan  accompanying  the  2015-2020  Strategy  on 
prevention  and  fight  against  terrorism  was  adopted.  The  Council  of  Ministers  established  a 
supervisory body  for  the  implementation  of  the Strategy.  A counter-terrorism  taskforce  was 
established in order to coordinate counter-terrorism efforts in the country. Amendments to the 
criminal  code  qualify  terrorism  and  joining  foreign  paramilitary  formations  as  criminal 
offences. The Additional Protocol to the Council of Europe Convention on the Prevention of 
Terrorism is currently in the process of ratification. In 2016 there were 11 cases of terrorism 
against 26 persons brought to court. In two of them the final verdicts were pronounced with 5 
persons  found  guilty.  The  government  supports  and  promotes  activities  of  the  academic 
community, the Islamic community and civil society aimed at prevention of radicalisation and 
violent extremism. Financial challenges exist for programmes aimed at prevention of violent 
extremism,  in  particular  at  local  administrative  level.  In  the  area  of  border  management,  an 
Integrated Border Management Strategy was adopted in 2016 together with an accompanying 
10 

 
 
 
 
 
 
 
 
 
action  plan.  The  projects  on  closing  illegal  border  crossings  with  Croatia  and  Montenegro 
were finalised. The agreement with Serbia is in the final stage of implementation. The border 
demarcation agreement with Montenegro entered into force in April 2016. The border police 
works  closely  with  EBCGA  and  Interpol  through  active  engagement  in  international  police 
operations  and  other  events.  A  working  arrangement  with  EBCGA  is  in  place.  Further 
improvements are needed on infrastructure and equipment at border crossing points. There are 
two joint centres for police cooperation with the neighbouring countries in Trebinje and Nova 
Sela. 

II.1.4 MONTENEGRO 

Irregular migration, including readmission 

As regards irregular migration challenges, between 2015 and 2016, the number of refused 
entry fell from 385 to 335 cases and the number of illegal stays also decreased from 770 to 
570 persons.  

Refusals of entry for 
citizens  
of Montenegro 
Schengen+ area 
Hungary 
Croatia 
Slovenia 
France 

Illegal stay by citizens  
of Montenegro 
Schengen+ area 
Germany 
France 
Hungary 

2008 

2009 

2010 

2011  2012  2013 

2014  2015  2016 

75 
5 

300 
115 

135 
30 

250 
315 
95 
115 
N/A  N/A  N/A  N/A  N/A 
75 
110 
35 
5 
10 
0 

45 
0 

85 
0 

435 
170 
90 
70 
5 

400 
195 
45 
60 
15 

385 
145 
90 
60 
10 

335 
140 
65 
40 
35 

2008 

2009  2010 

2011  2012  2013  2014  2015  2016 

355 
210 
100 
0 

305 
140 
70 
5 

365 
175 
70 
10 

385 
165 
80 
20 

480 
230 
85 
30 

610 
245 
140 
40 

810 
275 
200 
105 

770 
430 
120 
75 

570 
250 
95 
85 

Asylum  applications:  A  decrease  could  be  observed  in  the  number  of  asylum  applications 
lodged  by  Montenegrin  nationals  in  the  Schengen  area  since  the  beginning  of  2017.  The 
figures  amount  to  only  80  per  month  on  average.  There  was  no  change  in  top  destinations 
countries (i.e. Germany and France).  

Yearly total number 
of asylum 
applications by 
citizens of 
Montenegro 
Schengen+ area 

2008  2009  2010  2011 

2012 

2013 

2014 

2015 

2016 

310 

275 

435 

670 

1,305 

975 

1,870 

4,115  1,830 

11 

 
 
 
 
 
 
 
Germany 
France 
Luxembourg 

55 
120 
15 

95 
80 
5 

95 
80 
0 

125 
200 
105 

395 
320 
290 

380 
245 
115 

1,270 
260 
145 

3,635  1,625 
110 
160 
10 
75 

Monthly asylum 
applications by 
citizens of 
Montenegro 
Schengen+ 
area 
Germany  

France 

Netherlands 

2016 
M07 

2016
M08 

2016
M09 

2016
M10 

2016
M11 

2016
M12 

2017
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2016 
2nd 
half 

2017 
1st 
half 

105 

100 

0 

0 

230 

150 

210 

130 

5 

10 

15 

0 

75 

70 

5 

0 

115 

100 

115 

90 

20 

0 

75 

15 

10 

100 

10 

0 

70 

45 

15 

0 

75 

45 

20 

0 

100 

70 

20 

5 

80 

75 

5 

0 

70 

50 

20 

0 

795 

675 

60 

20 

510 

385 

90 

5 

Readmission  and  return:  The  readmission  agreement  with  the  EU  continues  to  be 
implemented smoothly. Montenegro concluded implementing protocols with 13 EU Member 
States.  Even  if  the  number  of  returns  performed  to  Montenegro  in  2016  is  not  very  high 
(2,405),  Montenegro  shows  the  highest  return  rate  from  Schengen+  area  not  only  for  the 
Western Balkans but for all third countries with a substantial increase from 78% in 2015 to 
160  %  in  2016.  Most  readmissions  are  taking  place  from  Germany,  France,  Sweden  and 
Luxembourg.  

So far, Montenegro signed Implementation Protocols with Slovenia, Malta, Austria, Bulgaria, 
Czech Republic, Germany, Slovakia, Benelux, Estonia, Italy and Hungary. Negotiations with 
Spain  have  been  finalized  and  the  implementation  protocol  is  ready  to  be  signed.  The 
readmission agreement with Turkey, signed already in 2013, entered into force in December 
2016. In July 2017 the readmission agreement with Azerbaijan was signed and its ratification 
is on-going.  

A  set  of  training  courses  by  EBCGA  for  Montenegrin  officials  was  organised  on  European 
standards  applicable  in  return  operations.  Montenegro  made  further  progress  in  concluding 
readmission agreements with third countries. Readmission agreements with Georgia, Ukraine 
and  Turkey  entered  into  force  in  the  second  half  of  2016.  The  readmission  agreement  with 
Azerbaijan  was  signed  in  July  2017,  the  agreement  with  Russia  remains  to  be  signed. 
Montenegro  is  negotiating  readmission  agreements  with  Iceland  and  China.  Readmission 
agreements with all neighbouring countries as well as with the former Yugoslav Republic of 
Macedonia are in place and have been implemented in a satisfactorily manner. 

Ordered 
to leave 

1,090 

430 

235 
70 

Schengen+ 
area 

Germany 

France 
Sweden 

2014 

Returned 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

525 

185 

40 
60 

48.17% 

1,565 

1,225 

78.27% 

1,500 

2,405 

160.33% 

43.02% 

17.02% 
85.71% 

945 

160 
165 

825 

40 
105 

87.30% 

1,065 

2,160 

202.82% 

25.00% 
63.64% 

135 
45 

60 
45 

44.44% 
100.00% 

12 

 
 
 
 
 
 
Austria 

0 

N/A 

N/A 

30 

N/A 

N/A 

45 

20 

44.44% 

The  Strategy  for  the  Integrated  Migration  Management  for  the  period  2017-2020  was 
adopted  in  February  2017,  together  with  an  Action  Plan.  It  should  foster  inter-agency 
cooperation between services concerned and lead to a more coherent policy approach towards 
migration. In the field of irregular migration, legislative work is under way to align legislation 
with  EU acquis.  Border surveillance activities were  intensified since the migration crisis hit 
the  region  and  a  substantial  number  of  joint  patrols  and  operations  were  conducted  with  all 
neighbouring  countries  (apart  from  Croatia)  with  a  special  focus  on  detecting  smuggling 
routes and activities. One investigation into people smuggling was launched in the second half 
of  2016.  In  July  2016  a  second  instance  judgement  led  to  a  conviction  to  effective  prison 
sentences  of  10  persons,  organisers  and  members  of  a  criminal  organisation  specialised  in 
migrant  smuggling.  The  Centre  for  irregular  migrants  accommodated  123  people  in  2016, 
compared with 112 in 2015. The existing capacities of the Centre fully meet the current needs. 
And its staff continued to receive relevant training.  

In  the  area  of  asylum,  the  overall  capacity  of  Montenegro  to  handle  asylum  applications 
remains sufficient for the current flow of asylum seekers entering the country. In 2016, 335 
requests  for  asylum  were  registered.  The  top  three  nationalities  were  citizens  from 
Afghanistan, Syria and Iraq. The vast majority of asylum applicants leave the country during 
the course of the procedure. Montenegro reported good cross border cooperation with all its 
neighbours.  Based  on  a  thorough  needs  analysis  covering  staffing,  training,  equipment  and 
infrastructure  a  Schengen  Action  Plan  was  adopted  in  February  2017.  It  determines  further 
steps  in  the  legislative  alignment  of  domestic  legislation  with  the  EU  acquis  in  the  area  of 
border management, as well as for the modernisation of infrastructure and training.  

Public order and security 

Montenegro adopted in recent years its own Serious and Organised Crime Threat Assessment 
on  the  basis  of  which  is  rolling  out  its  security  priorities.  Montenegro  has  been  a  hub  for 
trafficking of illicit tobacco products to the EU. Particular efforts need to be put to tackle drug 
trafficking, as the organised crime groups originating from the country are active in particular 
as regards trafficking of cocaine. The organised crime groups active in Montenegro have also 
invested illicit proceeds in sport clubs which can generate profits by selling players and can 
facilitate additional frauds. 

The monthly number of alerts created by Member States in the Schengen Information System 
(SIS)  based  on  Article  26  remained  stable  throughout  the  period  October  2016-September 
2017. 

Art. 26  
SIS alerts 
Montenegro 

2016 
M10 
1 

2016 
M11 
1 

2016 
M12 
0 

2017 
M01 
3 

2017 
M02 
2 

2017 
M03 
2 

2017 
M04 
0 

2017 
M05 
1 

2017 
M06 
1 

2017 
M07 
1 

2017 
M08 
3 

2017 
M09 
1 

Grand 
Total 
16 

13 

 
 
 
 
 
 
 
Montenegro  has  been  a  hub  for  trafficking  of  illicit  tobacco  products  to  the  EU.  Particular 
efforts  need  to  be  put  to  tackle  drug  trafficking,  as  the  organised  crime  groups  originating 
from the country are active in particular as regards trafficking of cocaine. The organised crime 
groups  active  in  Montenegro  have  also  invested  illicit  proceeds  in  sport  clubs  which  can 
generate profits by selling players and can facilitate additional frauds. 

As regards fight against organised crime, a new draft law on Internal Affairs was prepared, 
which is supposed to introduce structural changes in the internal organisation of the police, in 
particular  by  promoting  merit-based  recruitment,  evaluation  and  promotion.  A  new  national 
Serious  and  Organised  Crime  Threat  Assessment  (SOCTA)  is  currently  under  preparation. 
The  institutional  set-up  in  the  fight  against  organised  crime  was  further  strengthened.  The 
Special  Police  Unit  has  now  20  positions  filled  as  foreseen,  however  further  staff  increases 
remain  necessary  so  as  to  meet  the  needs.  The  number  of  staff  of  the  Special  Prosecutor 
Office has increased to 29 civil servants while 8 vacant positions are still to be filled. Efforts 
should continue to develop the country's track record in organised crime cases, also as regards 
trafficking  in  human  beings  and  money  laundering  where  results  are  limited.  Pro-active 
investigations remain rare and most investigations in organised crime cases still start on the 
basis of signals received. Money laundering is de facto not prosecuted as a standalone crime, 
which hampers the establishment of relevant track record. There are currently several criminal 
investigations  into  suspicions  of  money  laundering  but  no case  has  been  brought  before  the 
court in recent years. Use of financial investigations is still limited. As regards relations with 
Europol,  the  cooperation  runs  smoothly  and  Montenegro  takes  part  in  numerous  Analysis 
Work Files. Its liaison officer was seconded to Europol already in 2015. 

II.1.5 SERBIA 

Irregular migration, including readmission 

As  regards  irregular  migration  challenges,  the  number  of  Serbia's  nationals  which  were 
refused  entry  in  2016  was  7,910  (roughly  the  same  as  in  2015  where  7,850  cases  were 
reported).  The  number  of  illegal  stays  decreased  from  13,785  to  11,180  between  2015  and 
2016.  A  significant  decrease  was  reported  in  the  number  of  asylum  application,  from  over 
30,325 in 2015 to 13,515 in 2016). 

Refusals of 
entry for 
citizens  
of Serbia 
Schengen+ 
area 
Hungary 
Croatia 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

5,615 

3,580 

6,500 

6,620 

5,590 

9,170 

9,520 

7,850  7,910 

1,515 
N/A 

1,730 
N/A 

2,920 
N/A 

3,580 
N/A 

3,325 
N/A 

5,445 
1,235 

6,530 
730 

4,805  4,710 
765 
740 

14 

 
 
 
 
 
 
 
Slovenia 
Romania 
France 

615 
390 
355 

825 
260 
55 

1,575 
455 
45 

1,245 
450 
45 

1,050 
245 
55 

865 
715 
65 

700 
600 
110 

700 
575 
175 

605 
510 
265 

Illegal stay by 
citizens  
of Serbia 
Schengen+ area 
Hungary 
Switzerland 
Austria 
Slovenia 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

12,980  8,330  12,020 
495 
0 
1,280 
125 

355 
N/A 
2,290 
230 

540 
0 
855 
355 

9,390 
1,125 
0 
940 
610 

11,280  11,820  15,400  13,785  11,180 
2,455 
3,350 
2,030 
850 
665 
745 
660 
815 
1,015 
440 
110 
115 

2,580 
810 
460 
110 

2,275 
715 
1,090 
90 

The number of asylum applications lodged by Serbian nationals in the Schengen area is still 
high  and  amounts  to  600  on  average  per  month  in  the  second  quarter  of  2017.  However,  a 
significant  decrease  was  registered  if  compared  to  figures  from  last  year  where  average 
monthly rates exceeded 1,300 applications. Germany and France continued to constitute top 
destinations for asylum applicants from Serbia. 

Yearly total 
number of 
asylum 
applications by 
citizens of Serbia 
Schengen+ area 
Germany 
Netherlands 
France 
Sweden 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

15,660  6,435  18,845  15,630  21,065  22,725  31,170  30,325 
2,250 
12,810  18,000  27,145  26,945 
45 
3,425 
2,035 

6,795 
65 
800 
6,255 

6,990 
105 
665 
2,645 

145 
840 
2,670 

265 
700 
1,670 

195 
605 
1,510 

445 
460 
1,055 

890 
55 
980 
585 

13,515 
10,260 
945 
655 
460 

2016 
2nd 
half 

2017 
1st 
half 

Monthly 
asylum 
applications 
by citizens of 
Serbia 
Schengen+ 
area 
Germany  

France 

Netherlands 

2016 
M07 

2016
M08 

2016
M09 

2016
M10 

2016
M11 

2016
M12 

2017
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

1,255 

1,415 

1,375 

930 

1,175 

990 

815 

695 

910 

710 

565 

530 

7,140 

4,225 

1,005 

1,100 

1,080 

650 

845 

670 

35 

130 

45 

135 

70 

80 

50 

35 

80 

60 

60 

80 

555 

100 

20 

445 

70 

35 

610 

125 

5 

410 

125 

30 

320 

100 

10 

285 

100 

25 

5,350 

2,625 

340 

520 

620 

125 

Readmission and return:  Serbia's cooperation on the readmission of own nationals is very 
good  with  a  return  rate  that  stayed  more  or  less  equal  between  2015  (90.9%)  and  2016 

15 

 
 
 
 
 
 
 
 
(90.1%)  and  12,245  returns  performed  in  2016.  However,  readmission  of  third  country 
nationals  (especially  from  HU,  RO  and  BG)  constitutes  an area  of  concern  and  needs  to  be 
further  addressed.  So  far,  less  than  10%  of  readmission  requests  of  third  country  nationals 
who illegally crossed the borders to the EU coming from Serbia have been approved. Good 
cooperation  of  Serbia  on  border  controls  is  however  appreciated  by  neighbouring  Member 
States. 

So far, 19 Implementing Protocols have been signed with 21 Member States: Italy, Slovenia, 
France,  Hungary,  the  United  Kingdom,  Austria,  Malta,  Slovakia,  Germany,  Romania, 
Bulgaria, Estonia, Czech Republic, Belgium, The Netherlands, Luxemburg, Cyprus, Greece, 
Latvia,  Portugal  and  Sweden.  Bilateral  Readmission  agreements  have  been  signed  with 
Bosnia and Herzegovina, Denmark, Canada, Norway, Croatia, Switzerland, Former Yugoslav 
Republic  of  Macedonia,  Moldova,  Montenegro  and  Russia.  The  first  round  of  negotiations 
took  place  with  Ukraine.  Negotiations  have  been  launched  with  Algeria,  Morocco, 
Afghanistan, Iraq, Pakistan, Arab Emirates, Belarus and Georgia.  

2014 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

12,145 

8,705 

71.68% 

14,985 

12,985 

86.65% 

13,870 

12,350 

89.04% 

6,690 

6,040 

90.28% 

8,300 

10,230 

123.25% 

7,560 

9,910 

131.08% 

0 

310 
1,300 
745 

N/A 

180 
885 
165 

N/A 

58.06% 
68.08% 
22.15% 

1,195 

315 
1,450 
655 

N/A 

235 
1,085 
190 

N/A 

1,715 

74.60% 
74.83% 
29.01% 

850 
710 
520 

685 

635 
505 
175 

39.94% 

74.71% 
71.13% 
33.65% 

Schengen+ 
area 

Germany 

Austria 

Netherlands 
Sweden 
France 

The  coordination  among  all  institutions  involved,  in  particular  at  a  strategic  policy  level  in 
order  to  improve  migration  management  in  a  systematic  manner,  as  well  as  donor 
coordination still needs to be further strengthened. Also, the establishment and adoption of a 
multi-annual strategy for the fight against irregular migration is needed. Works on a new law 
on foreigners are on-going. Serbia has created a specific task force in response to the threat 
from organised migrant smuggling through its territory. The task force constitutes a positive 
and  concrete  response  to  the  irregular  migration  threats  in  the  country.  It  is  headed  by  the 
State  Prosecutor  and  includes  stakeholders  from  Serbian 
law  enforcement  with  a 
responsibility for facilitating anti-migrant smuggling prosecutions.  

In the area of asylum, work on the new Law on Asylum intended to ensure alignment with 
the  acquis  and  to  provide  the  basis  for  the  implementation  of  the  asylum  procedure  in  line 
with European standards needs to be completed. Recruitment is still ongoing for vacant posts 
in the Asylum Office. Training continued on advanced interview techniques with vulnerable 
groups, on identification of persons with special needs as well as on collection of information 
on the country of origin. 

16 

 
 
 
 
 
 
 
As regards  border  management, the revised integrated  border  management (IBM) strategy 
and its dedicated action plan were adopted by the Serbian authorities in the first half of 2017.  
The  procedure  for  drafting  a  Schengen  Action  Plan  is  still  in  the  early  stages.  The  related 
necessary  comprehensive  assessment  of  the  legal,  technical,  infrastructural  and  human 
requirements has been carried out. A substantial challenge concerns the technical equipment 
and infrastructure for border checks and border surveillance which needs to be strengthened 
and upgraded where needed in order to ensure a more effective control of the borders. 

Public order and security 

As  regards  organised  crime,  according  to  Europol,  nationals  of  Serbia  (along  with  those  of 
Albania  and  Bosnia  and  Herzegovina)  are  among  the  most  frequently  reported  nationalities 
for organised property crimes in the EU. Serbian organised crime groups carry out burglaries, 
thefts  and  robberies  across  the  EU.  Nationals  of  Serbia  are  also  one  of  the  most  frequently 
encountered  victims  of  trafficking  in  human  beings  originated  from  the  Western  Balkans 
region.  Serbia  enhanced  its  cooperation  with  Europol,  increasing  the  number  of  Analysis 
Work  Files  it  cooperates  on.  A  Serbian  liaison  officer  was  sent  to  Europol's  HQ  in  March 
2017 and an EBCGA regional liaison officer has been  sent to  Belgrade in  September 2017. 
Also in September 2017, the country signed a working arrangement with CEPOL. 

The monthly number of alerts created by Member States in the Schengen Information System 
(SIS) based on Article 26 has been increasing in the recent months. 

Art. 26  
SIS alerts 

Serbia 

2016 
M10 
12 

2016 
M11 
13 

2016 
M12 
15 

2017 
M01 
12 

2017 
M02 
32 

2017 
M03 
24 

2017 
M04 
24 

2017 
M05 
20 

2017 
M06 
32 

2017 
M07 
30 

2017 
M08 
41 

2017 
M09 
42 

Grand 
Total 
297 

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. There 
is a delay in adopting a new Financial Investigation Strategy after the previous one expired in 
2016.  In  August  2017,  a  new  Strategy  for  the  Prevention  and  Suppression  of  Human 
Trafficking  for  2017  –  2022  was  adopted,  together  with  accompanying  action  plan.  On  the 
basis  of  this  strategy,  Serbia  needs to  take  steps  towards  a pro-active  identification  and  due 
protection  of  human  trafficking  victims.  An  operational  agreement  with  Europol  is  in  place 
and  a  Serbian  Police  Liaison  Officer  is  posted  at  Europol  since  March  2017.  The  working 
arrangement  with  the  European  Police  College  (CEPOL)  was  signed  in  September  2017. 
Providing  for  a  solid  basis  for  mutual  support  in  training  activities  for  law  enforcement 
officials  and  the  exchange  of  best  practices  in  international  and  European  cooperation 
mechanisms,  this  arrangement  should  help  enhancing  the  effectiveness  of  fighting  cross-
border crime in particular. Further efforts need to be taken in order to develop a sustainable 
track  record  of  final  convictions  and  dismantling  networks  involved  in  organised  crime, 
money laundering, people smuggling and trafficking in human beings. 

17 

 
 
 
 
II.2 EASTERN PARTNERSHIP 

II.2.1 REPUBLIC OF MOLDOVA1  

Irregular migration, including readmission 

The Commission confirmed Moldova's implementation of the Visa Liberalisation Action Plan 
benchmarks  in  its  fifth  (final)  report  of  15  December  2013.  Visa-free  travel  for  Moldovan 
citizens with a biometric passport started on 28 April 2014. According to statistics provided 
by  the  Moldovan  authorities,  more  over  980,000  Moldovan  citizens2  have  made  more  than 
2,700,000 trips to the EU Member States3 under the visa-free regime between 28 April 2014 
and 25 April 2017. 

As  regards  irregular  migration  challenges,  the  number  of  Moldovan  citizens  being  refused 
entry  at  the  external  Schengen  borders  has  increased  from  1,845  (in  2014)  over  2,725  (in 
2015)  to  4,660  (in  2016).  According  to  operational  data  received  by  EBCGA  from  the 
Member  States,  there  was  an  increase  by  almost  a  quarter  in  refusal  of  entry  between  the 
second half of 2016 and the first half of 2017. When looking at the larger picture, there was 
an increase by almost half in refusal of entry between the first half of 2016 and the first half of 
2017.  During  2016  and  the  first  half  of  2017,  the  main  countries  issuing  a  refusal  of  entry 
were Romania, Poland and Italy, as has typically been the case since the introduction of the 
visa-free regime for Moldova. 

Refusal of entry for 
citizens of Moldova 
Schengen+ area 
Romania 
Hungary 
Italy 
Poland 
Germany 

2012 

2013 

2014 

2015 

2016 

1,540 
875 
280 
40 
110 
15 

1,150 
655 
160 
30 
100 
20 

1,845 
640 
460 
225 
115 
25 

2,725 
725 
605 
510 
165 
65 

4,660 
1,410 
835 
790 
740 
110 

According to Eurostat data, the number of Moldovan citizens apprehended as illegally present 
in the Schengen area amounted to 2,245 (in 2014), increasing to 4,050 (in 2015) and 7,660 (in 
2016).  On  the  basis  of  operational  data  provided  by  EBCGA,  we  can  say  that  while  the 
number  of  Moldovan  citizens  apprehended  as  illegally  present  appears  to  have  risen  by 
around  40%  between the  first  half of  2016  and  the  first  half  of  2017,  there  appears  to  have 
been a decrease of less than 10% between the second half of 2016 and the first half of 2017, 
indicating a slight downward tendency. During 2016 and the first half of 2017, the Schengen 

1  
2  

3  

Hereinafter referred to as Moldova. 
Number of Moldovan citizens, holders of biometric passports, which  exit from Moldova towards the EU 
via border crossing points at the Moldovan-Romanian border and via Chisinau international airport. 
Number of exits by Moldovan citizens, holders of biometric passports, from Moldova towards the EU via 
border crossing points at the Moldovan-Romanian border and via Chisinau international airport. 

18 

 
 
 
 
 
 
 
                                                            
countries  where  the  highest  numbers  Moldovans  apprehended  al  illegally  present  could  be 
found in Hungary, Poland and Germany. 

Illegal stay by 
citizens of 
Moldova 
Schengen+ area 
Hungary 
Germany 
Poland 
France 
Romania 
Italy 

2012 

2013 

2014 

2015 

2016 

3,325 
255 
265 
75 
865 
350 
670 

2,505 
305 
260 
50 
435 
340 
500 

2,245 
425 
205 
80 
575 
225 
370 

4,050 
2,040 
285 
160 
435 
175 
365 

7,660 
3,015 
2,050 
870 
410 
360 
295 

At  the  start  of  the  visa-free  regime  for  Moldova,  there  was  a  sharp  increase  in  asylum 
applications by Moldovan citizens in the Schengen countries: from 475 (in 2014) over 1,850 
(in 2015) to 3,675 (in 2016). These numbers can be mainly attributed to Germany, where the 
number  of  asylum  applications  rose  from  270  (in  2014)  over  1,565  (in  2015)  to  3,405  (in 
2016). In all cases, over 95% of the asylum applications came from first-time applicants. 

Yearly total number 
of asylum 
application by 
citizens of Moldova 
Schengen+ area 
Germany 
Greece 
Italy 

2012  2013  2014  2015 

2016 

435 
35 
20 
10 

315 
70 
20 
5 

475 
270 
10 
20 

1,850  3,675 
1,565  3,405 

35 
35 

45 
35 

Monthly data, however, indicates that the peak of monthly asylum applications was in March 
2016  (660  asylum  application  Schengen-wide,  of  which  640  in  Germany)  with  the  number 
gradually falling after the summer and sharply after December 2016, now amounting to 120 
monthly applications on average during the first six months of 2017. 

Monthly asylum 
applications by 
citizens of 
Moldova in 
Schengen+ area 
2014 
2015 
2016 

M01  M02  M03  M04  M05  M06  M07  M08  M09  M10  M11  M12 

20 
60 
235 

20 
80 
625 

15 
120 
660 

20 
130 
110 

20 
145 
75 

35 
265 
185 

35 
165 
215 

50 
170 
285 

35 
220 
115 

40 
190 
250 

65 
135 
355 

55 
145 
510 

19 

 
 
 
 
 
 
 
2017 

265 

130 

85 

45 

85 

110 

Monthly 
asylum 
applications by 
citizens of 
Moldova 
Schengen+ 
area 

Germany 

Netherlands 

Italy 
Greece 

2016 
M07 

2016 
M08 

2016 
M09 

2016 
M10 

2016 
M11 

2016 
M12 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

2016 
2nd 
half 

2017 
1st 
half 

215 

285 

115 

250 

355 

510 

265 

130 

195 

265 

100 

230 

330 

495 

245 

115 

5 

5 

0 

0 

0 

10 

5 

0 

5 

5 

0 

5 

0 

0 

5 

0 

0 

5 

5 

10 

0 

5 

5 

0 

85 

50 

15 

10 

5 

45 

35 

0 

0 

5 

85 

35 

35 

5 

5 

110 

1,730 

720 

25 

65 

5 

5 

1,615 

15 

5 

30 

505 

125 

35 

20 

The recognition rate was high (over 10% in 2015), but has dropped (to 2% in 2016 and further 
down to around 1% during the first half of 2017). 

Readmission  and  return:  The  number  of  return  decisions  issued  to  Moldovan  citizens  has 
almost tripled between 2014 and 2016 (from 1,700 to 5,035). This also translated into a large 
increase of the number of persons returned (from 1,060 in 2014 to 2,425 in 2016). The drop in 
return rate (Schengen-wide over 60% in 2014 and 2015, compared to 48% in 2016) has to be 
seen  in  this  relative  perspective.  A  closer  insight  shows  that  the  existing  challenges  in 
effective returns were  not  due to lack of performance in  this field  by Moldovan authorities. 
The  quality  of  their  cooperation  is  greatly  valued  by  the  EU  Member  States,  and  is  also 
proved by a high rate of positive replies to readmission applications. The meetings of the Joint 
Committee of the EU-Moldova Readmission Agreement allow for systematically discussions 
on arising practical issues. The last Joint Readmission Committee of 6 October 2017 assessed 
the cooperation with Moldova as generally positive. 

Between  2015  and  2017,  Moldova  signed  a  Readmission  Agreement  with  Kazakhstan  and 
finalised  (pending  signature)  readmission  agreements  with  Armenia  and  Ukraine. 
Negotiations on a readmission agreement with Azerbaijan, Russia and Lebanon are ongoing. 

2014 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

1,700 

1,060 

62.35% 

1,810 

1,215 

67.13% 

5,035 

2,425 

48.16% 

55 

405 

370 

80 

20 

350 

130 

60 

36.36% 

86.42% 

35.14% 

75.00% 

80 

295 

365 

150 

25 

380 

125 

135 

31.25% 

2,435 

128.81% 

34.25% 

90.00% 

355 

295 

820 

590 

335 

130 

825 

24.23% 

94.37% 

44.07% 

100.61% 

Schengen+ 
area 

Germany 

France 

Italy 

Poland 

20 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Romania 

215 

220 

102.33% 

160 

165 

103.13% 

165 

165 

100.00% 

Public order and security 
Europol's  threat  assessment  tells  that  the  activities  of  Moldovan  organised  crime  groups 
continue  to  represent  a  substantial  crime  threat.  Moldovan  organised  crime  groups  are 
particularly  active  in  Austria,  France,  Germany,  Latvia  and  Poland,  and  are  primarily 
involved  in  drugs  trafficking  (with  the  trafficking  of  heroin  being  a  significant  concern), 
organised  property  crime,  excise  fraud,  payment  card  fraud  and  money  laundering.  These 
crime  groups  tend  to  link  up  with  other  groups  from  primarily  Romania,  Ukraine  and 
Bulgaria,  while  Russian-speaking  organised  crime  groups  exploit  Moldova  as  a  transit 
country  to  launder  money  and  bring  it  into  the  EU4.  Illicit  tobacco  trade  remains  a  primary 
driver of crime and corruption in Moldova. While Moldova is not a major course country for 
irregular migrants, it remains a source country for trafficking in human beings for sexual and 
labour  exploitation.  Moldova  is  working  on  a  new  National  Strategy  for  Preventing  and 
Combating  Trafficking  in  Human  Beings  for  the  period  2018-2023,  to  be  approved  end  of 
2017. At the same time, it is working on a new National Anti-Drugs Action Plan. Europol has 
no evidence that Moldovans would still be involved in counterfeiting Italian Euro banknotes. 
To  improve  judicial  cooperation,  Moldova  signed  an  agreement  with  Eurojust  mid-2014, 
which entered into force in October 2016. The country also signed an agreement with Europol 
after the visa liberalisation. 

The monthly number of alerts created by Member States in the Schengen Information System 
(SIS)  based  on  Article  26  remained  stable  throughout  the  period  October  2016-September 
2017.  

Art. 26  
SIS alerts 
Moldova 

2016 
M10 
4 

2016 
M11 
5 

2016 
M12 
6 

2017 
M01 
7 

2017 
M02 
5 

2017 
M03 
6 

2017 
M04 
2 

2017 
M05 
8 

2017 
M06 
6 

2017 
M07 
4 

2017 
M08 
1 

2017 
M09 
6 

Grand 
Total 
60 

While Moldova has been working on adopting legislation to create a framework for the fight 
against corruption and money laundering, it is at times endangered and the implementation 
seriously lags behind. 

The  National  Integrity  and  Anti-Corruption  Strategy  (NIAS)  for  the  period  2017-2020 
comprises activities to ensure integrity and to fight corruption in the private sectors as well as 
the  public  sectors.  The  ten  sectorial  action  plans  to  tackle  corruption  would  need  to  be 
elaborated as a matter of priority in the implementation of the strategy.  

In  the  current  structure,  the  institutional  framework  in  Moldova  primarily  consists  of:  the 
Anti-Corruption  Prosecutor’s  office  (APO);  the  National  Anti-Corruption  Centre 

4 

More on corruption and money-laundering in Moldova in the section assessing the continuous fulfilment 
of some critical VLAP benchmarks. 

21 

 
 
 
 
 
 
 
 
                                                            
(NAC),  together  with  its  subordinate  Criminal  Assets  Recovery  Agency  (CARA)5  and 
Office for Prevention and Fight Against Money Laundering (OPFML)6; and the National 
Integrity  Authority  (NIA)7.  There  are  issues  in  the  functioning  of  this  system  and  only 
limited progress is made on the efficiency and effectiveness of this framework. 

Since the finalisation of the VLAP, the NAC was made accountable to the Parliament again 
(as  it  was  prior  to  2013  when  it  was  made  accountable  to  the  Government).  There  remain 
however  concerns  as  regards  political  influence  on  the  anti-corruption  system  in  Moldova. 
Over  the  past  months,  there  have  also  been  attempts  to  undermine  the  anti-corruption 
framework  by  proposals  such  as  the  so-called  "capital  liberalisation  law"  or  intentions  to 
deprive the NAC from some of its prerogatives. A weakened anti-corruption framework and 
less  investigative  powers  would  further  endanger  the  effectiveness  of  the  investigations 
concerning the frauds around Banca de Economii, Banca Sociala and Unibank. 

An asset recovery office has been set up in 2017 under the umbrella of the NAC: the CARA. 
The CARA is supported by the OPFML for the financial investigations. However, while the 
CARA  aims  at  strengthening  the  investigation,  prosecution,  recovery  and  management  of 
criminal assets, its scope remains limited to corruption and money laundering offences. The 
CARA is currently not dealing with the proceeds stemming from other serious crime (such as 
cases of drugs trafficking or trafficking in human beings). It is currently considered to transfer 
the  necessary  competences  for  all  types  of  crimes  to  the  CARA  in  view  of  establishing  an 
efficient  single  asset  recovery  office.  Also,  there  is  currently  the  intention  to  make  the 
OPFML an independent boy under the direct responsibility of the government. 

In  the  area  of  integrity  testing,  professional  and  institutional  integrity  testing  has  been 
introduced. After many struggles regarding the legal set-up of an integrity system, a law was 
adopted in 2017 to unify the standards for preventing corruption and ensuring integrity in the 
public and private sectors. The law provides for the establishment of fixed responsibilities for 
the heads of authorities and civil servants (including judges), regulates the role of the national 
anti-corruption  authorities  in  strengthening  and  controlling  the  implementation  of  the 
measures to ensure integrity and provides sanctions for the lack of integrity. 

The  body  responsible  for  the  integrity  system  is  the  NIA,  which  replaces  the  old  National 
Integrity  Commission  (NIC).  The  law  on  the  NIA  entered  into  force  in  August  2016  and 
envisaged that the establishment of the NIA would have taken 6 months, resulting in effective 
operation  as  of  January  2017.  According  to  the  law  on  the  NIA,  the  president  and  vice-
president are crucial in making the NIA operational, including through appointing inspectors 
and  deciding  on  the  organisational  structure.  Unfortunately,  the  selection  process  for  the 
senior  management  has  seen  no  progress  at  all:  after  serious  delays,  the  initial  selection 

5 
6 

7 

The Criminal Assets Recovery Agency (CARA) is the Moldovan asset recovery office (ARO). 
The Office for Prevention and Fight Against Money Laundering (OPFML) is the Moldovan financial 
intelligence unit (FIU). OPFML is the English abbreviation; locally the abbreviation SPCSB is used. 
NIA is the English abbreviation; locally the abbreviation ANI is used. 

22 

 
 
 
 
 
 
                                                            
procedure  for  the  president  was  cancelled  in  October  2017  (when  the  two  final  candidates 
both failed the last stage with a polygraph test) and a new selection procedure is now being 
organised. With no senior management in place, inspectors cannot be appointed, which means 
that declarations on assets, personal interests and conflicts of interest are currently not being 
verified. The competition for the selection of the NIA vice-president has however started. It 
has  to  be  considered  if  the  vice-president  could  take  over  the  tasks  of  the  president,  until 
appointment of the latter, in order to ensure progress in the set-up and functioning of the NIA, 
notably by appointing inspectors. 

In  autumn  2017  there  was  already  a  backlog  of  around  60,000  declarations.  These 
declarations,  made  after  August  2016,  cannot  be  verified  by  the  inspectors  of  the  previous 
integrity authority NIC as they have seized their activity with the entry into force of the law 
on  the  NIA.  The  de  facto  non-functioning  of  the  integrity  system  casts  a  shadow  on  the 
integrity  climate  in  Moldova.  Also,  with  an  integrity  system  being  part  of  the  VLAP 
benchmark on anti-corruption, the continuous fulfilment of the VLAP benchmarks is at risk, 
also  considering  the  slow  developments  to  improve  the  efficiency  and  effectiveness  of  the 
NAC and its subordinate bodies highlighted above. 

With regard to the fight against money laundering, a draft law to align the legislation to the 
4th  EU  Anti-Money  Laundering  Directive  was  voted  in  first  reading  in  the  Parliament  in 
March 2017, after which serious delays in the final adoption occurred. This new law foresees 
in  the establishment  of  centralised bank  registries  and also  envisages  the  implementation  of 
the 40 recommendations of the Financial Action Task Force. The non-adoption of the law can 
ultimately  lead  to  the  rejection  of  business  relations  and  significant  problems  with  foreign 
partners.  

II.2.2 GEORGIA 

Integrated border management, migration management and asylum 

Visa  free  travel  for  Georgian  citizens  with  a  biometric  passport  entered  into  force  on  28 
March  2017,  on  the  same  day  as  the  revised  visa  suspension  mechanism.  According  to 
information  received  from  Georgia,  between  28  March  and  30  November  2017,  173,3968 
Georgian citizens enjoyed the visa free travel to the Schengen area.  

Georgia  has  made  further  progress  in  establishing  the  Unified  Migration  Analytical  System 
(testing  launched  in  October  2016),  the  Unified  System  of  Threat  and  Risk  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. 
One of the biggest remaining challenges is to assess and address the root causes of irregular 
migration from the country, as well as integration of internally displaced persons. 

8 

This figure only takes into account those who left the country by plane (air borders). 

23 

 
 
 
 
 
 
 
 
                                                            
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: the significant number of asylum applications rejected based on national 
security considerations during the first half of 20179, which was an issue raised in the third 
and  fourth  progress  reports  on  Georgia's  implementation  of  the  action  plan  on  visa 
liberalisation10,  is  of  concern,  and  Georgia  needs  to  ensure  that  appropriate  legal  and 
procedural guarantees are in place for effective legal remedy in such cases. 

As regards irregular migration challenges, according to Eurostat data, in 2015 1,330 Georgian 
citizens  were  refused  entry  at  the  external  borders  of  the  Schengen+  area.  In  2016,  this 
number was much less: 810. According to the operational data received by EBCGA from the 
Schengen+ countries, the trend is a sustained number of refusals of entry in the first half of 
2017 compared to the second half of 2016 and a slight increase compared to the first half of 
2016. Quarterly EBCGA data in 2017 seems to indicate an increase in April-June compared to 
January-March. In 2016, most refusals were done by Poland, Greece and France. 

Refusal of entry 
for citizens of 
Georgia 
Schengen+ 
area 
Poland 
Greece 
France 
Romania 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

370 

6,050 

3,315 

2,820 

8,965 

8,160 

3,185 

1,330 

40 
50 
30 
25 

5,685 
125 
25 
5 

2,885 
75 
15 
20 

2,340 
75 
30 
15 

8,245 
95 
20 
10 

7,250 
160 
30 
25 

1,345 
210 
5 
230 

505 
135 
25 
170 

810 

200 
130 
105 
55 

According  to  Eurostat  data,  there  were  5,405  Georgian  citizens  apprehended  as  illegally 
present  in  the  Schengen+  Area  in  2015  and  5,240  in  2016.  Operational  data  received  by 
EBCGA  in  2017  seems  to  indicate  similar  trends  for  the  first  half  of  2017  (slight  decrease 
compared to the second half of 2016 but increase compared to the first half of 2016). In 2016 
Germany (1,810), Greece (865), France (615), Spain (495) Austria and Italy reported the most 
of illegal stays. 

Illegal stay by 
citizens of 
Georgia 
Schengen+ area  
Germany  

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

4,745 
460 

6,785 
605 

5,095 
710 

4,360 
585 

5,425  5,165  6,550 
1,085  1,380  1,580 

5,405 
1,495 

5,240 
1,810 

9  

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   Brussels, 8.5.2015 COM(2015) 199 and SWD(2015) 103 final, Brussels, 18.12.2015 COM(2015)684 and 

SWD(2015) 299 final. 

24 

 
 
 
 
 
 
 
                                                            
Greece 
France 
Spain 

1,915 
0 
635 

2,395 
410 
595 

1,340 
400 
440 

850 
285 
355 

795 
390 
290 

590 
400 
245 

820 
905 
390 

1,055 
830 
455 

865 
615 
495 

According  to  Eurostat  annual  data,  the  number  of  asylum  seekers  in  the  Schengen+  area 
increased  from  8,110  in  2015  to  8,700  in  2016.  In  2016,  the  most  affected  Member  States 
were  Germany  (3,770),  France  (1,165),  Greece  (690),  Sweden  (720)  and  the  Netherlands 
(595). 

Yearly total 
number of asylum 
application by 
citizens of Georgia 
Schengen+ 
area 
Germany 
France 
Sweden 
Greece 
Netherlands 
Switzerland 
Austria 
Belgium 
Italy 
Poland 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

5,340 

10,985 

7,465 

7,450 

11,620  9,750 

8,570 

8,110  8,700 

285 
460 
225 
2,240 
75 
480 
510 
275 
65 
70 

640 
540 
370 
2,170 
425 
640 
975 
385 
85 
4,180 

750 
1,435 
290 
1,160 
610 
640 
370 
365 
80 
1,085 

525 
1,740 
280 
1,120 
235 
400 
260 
400 
30 
1,735 

1,430 
2,680 
750 
895 
250 
725 
300 
505 
65 
3,235 

2,485 
2,695 
620 
535 
215 
655 
255 
370 
105 
1,240 

3,180 
1,610 
805 
350 
335 
465 
415 
430 
90 
720 

3,195  3,770 
1,325  1,165 
720 
890 
690 
385 
595 
265 
465 
405 
350 
405 
240 
300 
195 
135 
125 
390 

Monthly Eurostat data show an increase in the first half of 2017 (average 771) compared to 
2016  (average  721),  but  if  we  compare  the  first  half  of  2017  to  the  second  half  of  2016 
(average 791), the trend is not increasing. 

Monthly asylum 
application by 
citizens of 
Georgia (2016) 
Schengen+ 
area 

France 

Germany  

Greece 

Sweden 

Italy 

Switzerland 

Netherlands 

Austria 

2016 
M01 

2016 
M02 

2016 
M03 

2016 
M04 

2016 
M05 

2016 
M06 

2016 
M07 

2016 
M08 

2016 
M09 

2016 
M10 

2016 
M11 

2016 
M12 

2016 
1st 
half 

2016 
2nd 
half 

590 

100 

205 

55 

70 

5 

40 

25 

30 

685 

105 

280 

65 

70 

15 

25 

30 

30 

645 

605 

610 

770 

915 

855 

785 

815 

745 

635 

3,905 

4,750 

80 

230 

85 

275 

125 

220 

115 

360 

60 

525 

105 

480 

100 

390 

90 

345 

110 

275 

90 

180 

610 

555 

1,570 

2,195 

70 

70 

15 

40 

60 

30 

25 

60 

15 

30 

40 

10 

45 

50 

25 

35 

40 

20 

45 

50 

25 

55 

40 

20 

65 

50 

10 

60 

60 

20 

25 

35 

65 

5 

40 

45 

40 

55 

55 

10 

30 

40 

45 

60 

65 

25 

30 

70 

40 

85 

65 

25 

35 

80 

30 

85 

50 

20 

35 

65 

40 

305 

370 

100 

225 

235 

140 

385 

350 

95 

230 

360 

215 

 
 
 
 
 
 
Iceland 
Monthly asylum 
application by 
citizens of 
Georgia (2017) 
Schengen+ 
area 

France 

Germany  

Greece 

Sweden 

Italy 

Switzerland 

Netherlands 

Austria 

Iceland 

0 

0 

0 

0 

0 

0 

5 

0 

10 

15 

5 

5 

0 

40 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

2017 
1st 
half 

690 

85 

205 

70 

90 

30 

35 

75 

25 

0 

720 

105 

205 

75 

65 

25 

35 

85 

30 

5 

830 

725 

830 

835 

4,630 

110 

215 

125 

270 

85 

80 

45 

45 

75 

45 

5 

65 

40 

20 

25 

40 

35 

5 

160 

240 

110 

50 

45 

50 

35 

20 

5 

175 

170 

105 

70 

50 

50 

40 

40 

40 

760 

1,305 

510 

395 

215 

240 

350 

195 

60 

If we compare the last two months for which Eurostat data seems to be complete to a reliable 
extent, May-June 2017 (830 and 835) to the same two months in 2016 (610 and 770), there is 
an increase of 20%. Among the most effected Schengen countries, asylum requests are going 
down in Germany but increasing in France, Greece and Iceland and seem to be stable in the 
other countries. 

The  recognition  rate  for  asylum  requests  lodged  by  Georgian  citizens  at  first  instance  was 
6.62% in 2015 and 6.48% in 2016. 

Readmission  and  return:  The  number  of  persons  of  Georgian  nationality  ordered  to  leave 
decreased from 6,415 in 2015 to 5,635 in 2016, while the return rate increased from 45% in 
2015  to  55.9%  in  2016.  However,  this  relatively  modest  return  rate  does  not  necessarily 
reflect Georgia's response to readmission application once these are submitted by the Member 
States. In fact, cooperation with Georgia on readmission is assessed as exemplary. This was 
confirmed  in  the  last  meeting  of  the  Joint  Readmission  Committee  which  took  place  on  21 
March  2017  in  Tbilisi.  With  EU  support,  Georgia  has  an  Electronic  Readmission  Case 
Management  System  (RCMS)  currently  used  by  17  Member  States  who  all  expressed 
satisfaction with its use. MS using RCMS currently receive travel documents free of charge. 
Georgia also intends to develop a possibility of printing travel documents directly by EU MS.  

Georgia is also making efforts to conclude further readmission agreements with EU and other 
countries.  In  the  course  of  2016,  the  following  new  readmission  agreements  entered  into 
force:  with  Denmark  (1  August);  Belarus  (18  June)  and  Moldova  (1  August).  Furthermore, 
Georgia  initiated  new  agreements  with  other  third  countries,  both  origin  and  destination 
countries (Serbia, Montenegro, Pakistan, Iceland, Afghanistan, Kazakhstan, Kyrgyzstan, Iraq 
etc.). 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation 
and  Refugees  of  Georgia  is  now  fully  responsible  for  the  implementation  of  the  national 
reintegration  programme  of  returned  Georgian  migrants.  Annual  reintegration  programmes 
are prepared with annual national budget allocations dedicated to their implementation, and it 
is important to maintain the appropriate level of budget allocations.  

2014 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

6,260 

3,375 

53.91% 

6,415 

2,895 

45.13% 

5,635 

3,150 

55.90% 

1,040 

1,535 

820 

320 

620 

280 

59.62% 

1,090 

18.24% 

1,500 

1,200 

146.34% 

1,240 

155 

48.44% 

360 

730 

265 

810 

230 

66.97% 

1,350 

1,180 

87.41% 

17.67% 

1,255 

65.32% 

63.89% 

830 

395 

220 

690 

165 

17.53% 

83.13% 

41.77% 

Schengen+ 
area 

Germany 

France 

Greece 

Sweden 

Public order and security 

In view of the significant and sustained impact Georgian organised crime groups represent for 
the  EU,  this  report  focuses  on  preventing  and  fighting  organised  crime,  judicial  and  law 
enforcement cooperation. 

According to Europol's threat assessment, OCGs from Georgia are still reported as one of the 
most  frequently  represented  non-EU  nationalities  (including  dual  nationals)  of  suspects 
involved in serious and organised crime in the EU. Georgian OCGs are particularly active in 
France, Greece, Germany, Italy and Spain. In many cases, Georgian organised crime groups 
are  linked  to  so-called  thieves-in-law.  These  groups  are  highly  mobile  and  they  are  mainly 
involved  in  organised  property  crime  (particularly  organised  burglaries  and  thefts),  but  also 
corruption,  document  fraud,  extortion  and  racketeering,  and  their  control  of  the  criminal 
markets  is  gradually  increasing.  Georgia  remains  a  transit  country  for  various  illicit 
commodities trafficked to the EU, in particular drugs (heroin being the main concern). 

Georgia  is  also  increasingly  used  to  launder  illicit  proceeds  generated  by  organised  crime 
groups  in  the  EU.  These  include  groups  originating  from  Georgia  as  well  as  other  EU  and 
non-EU-based  organised  crime  groups.  Georgia  has  been  also  emerging  as  a  transit  for 
laundered criminal proceeds flowing from Europe to the ultimate beneficiaries and organisers 
of fraud schemes located in Israel, China, and Hong Kong. This is in itself a significant crime 
threat, one to focus on in the future. 

The number of alerts created by Member States in the Schengen Information System based on 
Article  26  slightly  increased  over  the  last  six  months  compared  to  the previous  six  months, 

27 

 
 
 
 
 
 
 
 
 
 
 
with a more sharp increase in September 2017. This may indicate a trend and will need to be 
monitored.  

Art. 26  
SIS alerts 
Georgia 

2016 
M10 
5 

2016 
M11 
12 

2016 
M12 
1 

2017 
M01 
2 

2017 
M02 
7 

2017 
M03 
10 

2017 
M04 
3 

2017 
M05 
7 

2017 
M06 
4 

2017 
M07 
8 

2017 
M08 
11 

2017 
M09 
18 

Grand 
Total 
88 

Georgia  continues  to  progress  and  demonstrates  serious  commitment  in  preventing  and 
fighting  organise  crime,  including  cross-border  cooperation  for  this  purpose.  Steered  by  the 
Interagency  Coordinating  Council  for  Combating  Organised  Crime  (established  in  2013),  a 
new National Strategy of 2017-2020 for Combating Organised Crime and Action Plan 2017-
2018 was adopted focusing on: fight against thieves-in law; drug-transit, cybercrime, applying 
modern  police  methods  and  international  cooperation.  A  new  Anti-Drugs  Action  Plan  for 
2016-2018  was  also  adopted  in  December  2016  and  the  legislative  package  aimed  at 
implementing  the  rulings  of  the  Constitutional  Court11  was  adopted  on  26  July  2017.  The 
Financial  Monitoring  Service  prepared  a  draft  AML/CFT  Law  aiming  to  implement  the  4th 
EU AML Directive (2015/849). 

The  Ministry  of  Internal  Affairs  continues  the  reforms  started  in  2015  to  introduce 
intelligence-led policing and building a unified crime analysis system which are key aspects 
of  the  fight  against  organised  crime.  A  new  package  of  legislative  amendments  on 
racketeering  and  organised  crime  was  prepared,  based  on  international  experiences.  The 
Central Criminal Police Department underwent structural reforms, specialised units have been 
created,  some  representing  good  example  of  inter-agency  cooperation,  such  as  the  Unit  of 
Fighting against Drug Transit which involves both police and customs officers. 

In the coming months, Georgia will have to demonstrate that the newly adopted strategies and 
action  plans  are  thoroughly  implemented  with  adequate  resources  allocated,  and  their 
implementation is regularly evaluated. 

The  Government  or  the  Ministry  of  Internal  Affairs  have  signed  new  law  enforcement 
agreements  or  Memoranda  of  Understanding  with  several  EU  Member  States  and  other 
countries  in  2016-201712,  which  brought  the  number  of  EU  Member  States  with  which 
Georgia has such agreements in force to 16, including the key Member States most affected 
by  Georgian  crime  groups.  The  International  Criminal  Cooperation  Centre  (ICCC)  created 
within the Central Criminal Police Department is responsible for ensuring cooperation in fight 
against  international  crime  and  coordinating  activities  through  police  attachés  and  liaison 

11 

12  

 The Constitutional Court (24 October 2015 and 29 September 2016) ruled that the imprisonment of 
individuals for the possession and purchase of up to 70 grams of marijuana for personal use was 
unconstitutional. 
Slovakia, several German Lands – Rhineland-Palatinate, Saxony, Baden-Wurttemberg, Hessen –, Sweden, 
Hungary, Lithuania, Latvia, Greece, Italy, Belarus Kyrgyzstan, Armenia. 

28 

 
 
 
 
 
 
 
                                                            
officers13.  On  3  October,  a  Co-operation  Plan  was  signed  between  the  Ministry  of  Internal 
Affairs and CEPOL which defines organised crime as a priority. Georgian authorities pursued 
very  active  operational  cooperation  also  at  regional  (i.e.  in  the  framework  of  GUAM-
Organisation for Democracy and Economic Development) and international level. 

The  Operational  and  Strategic  Cooperation  Agreement  with  the  European  Police  Office 
(Europol)  was  signed  in  April  2017  and  entered  into  force  in  July.  The  process  for  the 
conclusion  of  a  Memoranda  of  Understanding  on  confidentiality  and  information  assurance 
and  the  establishment  of  a  secure  line  is  ongoing  and  Georgia  requested  posting  a  liaison 
officer  to  Europol.  It  is  of  outmost  importance  that  operational  cooperation  with  Europol 
starts as soon as possible. 

The negotiations of a cooperation agreement with Eurojust have not yet started, in May 2017 
a  delegation  from  Eurojust  carried  out  an  assessment  mission  to  Georgia.  In  October  2017, 
Eurojust  sent  a  letter  to  the  Council  informing  that  Eurojust  envisages  launching,  on  15 
January 2018, formal negotiations with the intention of entering into a cooperation agreement 
with Georgia.  

According  to  the  Memorandum  of  Understanding  signed  with  the  European  Monitoring 
Centre for Drugs and Drug Addiction (EMCDDA), Georgia is expected to set up a National 
Drugs Minoring Centre. There is delay in setting the Centre up, originally foreseen for mid-
2015.  

Anti-corruption:  While  Georgia  has  an  electronic  system  of  asset  declarations  of  public 
servants since 2012, an effective verification mechanism of the declarations was missing. The 
relevant amendments to the Law on Conflict of Interest and Corruption in Public Institutions 
entered into force on 1 January 2017. Georgia has to demonstrate in the coming years that the 
verification mechanism functions effectively.  

External relations and fundamental rights 

During  the  assessment  of  the  effective  implementation  of  legislation  and  policies  on  anti-
discrimination, (including by ensuring effective legal aid and implementation of relevant UN 
and Council of Europe instruments), Georgia reported that it expected the amendments to the 
Anti-Discrimination Law as proposed by the Public Defender to be adopted by Parliament by 
end  2015.  These  changes  would,  inter  alia,  require  private  persons  to  provide  the  Public 
Defender with necessary materials, documents or information for the examination of a case. 
However,  no  amendments  have  been  adopted  to  date  which  would  make  the  anti-
discrimination legislation more effective.  

13   Georgia  has  police  attachés  in  the  following  8  EU  Member  States:  Austria  (since  2005),  France  (since 
2014), Greece (since 2014), Germany (since 2015), Poland (since 2015), Spain (since 2015), Italy (since 
2016) and Sweden (since 2016).  

29 

 
 
 
 
 
 
 
                                                            
II.2.3 UKRAINE 

Integrated border management, migration management and asylum 

According to figures received from Ukraine, the total number of entries of Ukrainian citizens 
to the Schengen area from 11 June to 10 November 2017 was 9,594,490. Of them 2,332,682 
entries were based on with biometrical passports and 235,795 329,670 entries to the Schengen 
area were without visas (3% of the total). 

As  regards  irregular  migration  challenges,  according  to  Eurostat  data,  in  2015,  23,795 
Ukrainian citizens were refused entry at the external borders of the Schengen+ area. In 2016, 
this  number  slightly  decreased:  22,495.  According  to  the  operational  data  received  by 
EBCGA from the Member States, in the second half of 2016 the number of refusals increased 
compared to the first half and this trend seems to be sustained in the first half of 2017 (18% 
compared to the second half of 2016, 36% compared to the first half). EBCGA quarterly data 
seems to indicate an increase in January-June 2017 compared to January-July 2016. In 2017, 
Poland,  Romania,  Hungary,  Slovakia  and  Lithuania  seem  to  be  the  most  affected  Member 
States. In 2016, most refusals were done by Poland, Hungary, Germany and Czech Republic. 

Refusal of entry for citizens 

of Ukraine 
Schengen+ 
area 
Poland 
Hungary 
Romania  
Slovakia 
Lithuania 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

15,375 

9,445 
2,355 
1,185 
1,435 
120 

19,100 

12,800 
3,710 
935 
750 
105 

18,725 

11,095 
4,780 
1,190 
790 
100 

16,115 

9,115 
4,560 
1,125 
550 
60 

18,345 

12,555 
2,985 
1,320 
530 
55 

16,775 

12,060 
2,190 
1,000 
395 
60 

15,585 

11,185 
2,040 
855 
410 
70 

23,795 

19,020 
1,825 
1,090 
440 
330 

22,495 

18,775 
0 
1,490 
705 
345 

According to Eurostat data, there were 23,480 Ukrainian citizens illegally present in the EU+ 
area  in  2015  and  29,565  in  2016.  Operational  data  received  by  EBCGA  in  2017  seems  to 
indicate  a  positive  outlook  for  the  first  half  of  2017  (increase  compared  to  the  first  half  of 
2016, however a decrease compared to the second half of 2016). The most affected Member 
States are Poland, Hungary, Germany, Czech Republic, Slovakia and France.  

Illegal stay by citizens of 

Ukraine 
Schengen+ 
area 
Poland 
Hungary 
Germany  

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

12,275 

10,860 

10,400 

11,370 

11,980 

12,265 

16,520 

3,200 
795 
1,325 

2,070 
1,000 
1,155 

1,885 
1,605 
1,070 

30 

3,995 
1,095 
1,095 

4,800 
1,310 
1,280 

5,210 
1,905 
1,265 

7,455 
1,695 
1,455 

23,480 

11,885 
2,820 
2,550 

29,565 

17,445 
3,620 
2,270 

 
 
 
 
 
 
 
 
Czech Republic 
Slovakia 
France 

1,545 
600 
555 

1,500 
410 
355 

955 
365 
290 

1,125 
370 
375 

1,065 
335 
310 

890 
355 
340 

1,020 
500 
565 

1,225 
785 
935 

1,550 
1,165 
625 

Asylum: According to Eurostat annual data, the number of asylum seekers in the Schengen+ 
area  decreased  from  22,100  in  2015  to  12,460  in  2016.  The  most  affected  Member  States 
were Spain, Italy, Germany, Poland, France and Sweden.  

Yearly total number of asylum 

application by citizens of 

2008 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

Ukraine 
Schengen+ 
area 
Spain 
Italy 
Germany  
Poland 
France 
Sweden 

955 

5 
15 
45 
40 
75 
55 

915 

10 
10 
85 
35 
75 
130 

790 

5 
20 
70 
45 
90 
120 

920 

10 
20 
55 
65 
100 
190 

1,090 

1,020 

14,090 

22,100 

12,460 

20 
35 
135 
70 
145 
130 

15 
35 
150 
45 
135 
170 

895 
2,080 
2,705 
2,275 
1,425 
1,320 

3,345 
4,665 
4,660 
2,295 
1,645 
1,415 

2,570 
2,570 
2,490 
1,300 
660 
615 

Monthly  Eurostat  data  shows  a  slight  decrease  in  the  second  half  of  2016  (average  906) 
compared to the first half (average 1,001). Similar monthly figures can be found in the first 
half of 2017 (average 897). 

Monthly asylum 

application by citizens 

of Ukraine 
Schengen+ area 
Italy 
Spain 
Germany 
Austria 
France 
Czech Republic 

2016 

M07 

875 
190 
135 
180 
40 
50 
45 

2016 

M08 

2016 

M09 

2016 

M10 

890 
125 
140 
210 
20 
60 
40 

880 
140 
150 
170 
15 
45 
50 

970 
195 
230 
135 
40 
55 
50 

2016 

M11 

1,000 
215 
250 
185 
20 
40 
30 

2016 

M12 

2017 

M01 

2017 

M02 

2017 

M03 

2017 

M04 

2017 

M05 

820 
185 
160 
105 
35 
55 
45 

850 
180 
275 
80 
15 
50 
50 

915 
230 
270 
80 
25 
55 
50 

985 
260 
235 
130 
25 
60 
40 

735 
155 
170 
120 
20 
40 
35 

935 
280 
185 
140 
20 
55 
40 

2017 

2016 2nd 

2017 1st 

M06 

960 
255 
220 
140 
65 
60 
40 

half 

5,435 
1,050 
1,065 
985 
170 
305 
260 

half 

5,380 
1,360 
1,355 
690 
170 
320 
255 

If we compare the last two months for which Eurostat data seems to be complete to a reliable 
extent, April-May 2017 (735 and 935) to the same two months in 2016 (1,390 and 970), there 
is  a  decrease  in  asylum  applications  of  30%.  Among  the  most  effected  Schengen  countries, 
asylum requests are decreasing in Italy, Spain, Germany, Austria and France.  

Readmission and return: The cooperation with Ukraine on readmission remains very good, 
which is proved by both qualitative assessment of the EU Member States, and by a high return 
rate (82.58% in 2016). The latter remains stable despite a surge of return decisions issued in 

31 

 
 
 
 
 
 
 
 
the  Schengen+  area  in  the  last  years  to  Ukrainian  nationals  (2016  -  26,865;  2015  -  19,200; 
2014  –  12,220).  A  large  majority  of  returns  are  voluntary,  or  –  where  stipulated  in  the 
readmission  agreement  –  are  processed  without  a  readmission  application,  or  under 
accelerated  procedure.  Positive  experience  is  also  reported  with  respect  to  readmission  of 
third-country nationals. The 10th Joint Readmission Committee held on 22 September 2017 
took account of the proper implementation of the readmission agreement, and agreed on ways 
to  handle remaining  practical  issues.  In  2016, most  return  decisions  were  issued  by  Poland, 
Czech Republic, Slovakia, Sweden, Germany, France.  

2014 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2015 

Returned 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

12,220 

9,135 

74.75% 

19,200 

14,670 

76.41% 

26,865 

22,185 

82.58% 

6,575 

6,405 

97.41% 

10,780 

10,410 

96.57% 

16,170 

15,360 

94.99% 

940 

480 

140 

270 

450 

95 

455 

110 

140 

190 

10.11% 

1,330 

94.79% 

78.57% 

51.85% 

42.22% 

770 

435 

540 

695 

110 

740 

270 

325 

385 

8.27% 

2,200 

220 

10.00% 

96.10% 

1,160 

1,105 

95.26% 

62.07% 

60.19% 

55.40% 

960 

815 

815 

455 

47.40% 

1,370 

168.10% 

330 

40.49% 

Schengen+ 
area 

Poland 

Czech 
Republic 

Slovakia 

Sweden 

Germany  

France 

Public order and security 

to 

illicit 

tobacco  products 

the  production  and  smuggling  of 

According to Europol, OCGs originating from Ukraine are heavily involved in excise fraud, 
the  EU. 
particularly 
Cybercriminals based in Ukraine are among the most sophisticated in the world and represent 
a serious threat to EU digital infrastructures. Cybercrime originating from Ukraine continues 
to increase, both in scale and sophistication. 
Heroine is trafficked along the Caucasus route via Georgia, Moldova and Ukraine to the EU 
in large quantities, though no significant production exists in these countries. Ukrainian OCGs 
provide couriers to deliver drugs or stolen goods and establish their own distribution channels 
to  supply  drugs  from  Spain,  Netherlands  to  Russia  and  Ukraine.  Ukrainian  OCGs  operate 
across  the  EU  and  are  particularly  active  in  Austria,  France,  Germany,  Latvia  and  Poland. 
They  are  involved  in  corruption,  drug  trafficking,  organised  property  crime,  excise  fraud, 
money  laundering  and  contract  killings.  Over  the  past  two  years,  there  has  been  a  rapid 
increase in the cross-border activities of Ukrainian thieves-in-law. Ukrainian OCGs maintain 
close links with Russian OCGs and have increasingly reached out to establish links with EU-
based OCGs. 

The monthly number of alerts created by Member States in the Schengen Information System 
(SIS) based on Article 26 increased throughout the period October 2016-September 2017.  

32 

 
 
 
 
 
 
 
 
Art. 26  
SIS alerts 
Ukraine 

2016 
M10 
7 

2016 
M11 
8 

2016 
M12 
7 

2017 
M01 
3 

2017 
M02 
12 

2017 
M03 
16 

2017 
M04 
13 

2017 
M05 
15 

2017 
M06 
24 

2017 
M07 
27 

2017 
M08 
8 

2017 
M09 
13 

Grand 
Total 
153 

Ukraine  is  potential  source  country  for  illegal  firearms  trafficking  to  the  EU.  Currently,  the 
level  of  trafficking  activity  appears  to  be  low.  However,  the  large  number  of  firearms  in 
circulation  and  diverted  from  military  stockpiles  constitute  a  considerable  risk  of  increased 
trafficking activity in the future. 

intelligence 

in  criminal  proceedings,  participating 

As regards measures against  organised crime, in July 2017, Ukraine ratified an agreement 
with  Europol  on  Operational  and  Strategic  Cooperation.  The  agreement  aims  at  expanding 
cooperation,  exchanging 
joint 
investigations  in  a  wider  range  of  crimes,  locating  persons  involved  in  the  commission  of 
crimes, participating in intelligence analysis and creating joint investigation teams. It replaces 
an  earlier  agreement  between  Ukraine  and  Europol  of  December  2009.  Furthermore,  in 
September 2017, a Cooperation agreement with Eurojust entered into force. It will allow for 
a  faster  exchange  of  information  between  Ukrainian  and  EU  law  enforcement  agencies 
through shared access to databases and shared investigative records. 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.  

in 

The establishment of the State Bureau of Investigation (SBI) has advanced at a slow pace with 
its  leadership  only  being  appointed  in  late  November  2017.  It  will  be  important  to  swiftly 
make  the  new  agency  fully  operational  while  taking  further  measures  to  ensure  its 
independence  from  political  interference.  The  National  Police  of  Ukraine  (NPU)  created  in 
2015 continues to enjoy a relatively high trust in the population but deeper reforms in the field 
of  criminal  investigation,  which  are  necessary  to  combatting  organised  crime,  remain  slow. 
Recently, the Minister of Interior rejected calls for the creation of a dedicated unit to combat 
organised  crime  in  the  NPU  to  replace  the  previous  UBOZ,  disbanded  in  2015.  A  reform 
concept  for  the  Security  Service  of  Ukraine  (SSU)  was  elaborated  in  2016  to  transform  it 
into  a  European-style  intelligence  service  The  Reform  Concept  envisages  the  removal  of 
ordinary  law-enforcement  competencies  from  the  SSU  to  retain  only  counter-terrorism, 
counter-intelligence,  and  protection  of  state  secrets.  The  removal  of  SSU's  law-enforcement 
competencies  within  organised  crime,  including  smuggling  (among  others),  would  create  a 
delineation  of  competencies  and  delimit  the  SSU's  current  ad-hoc  practice  of  taking 
responsibility for investigations that seem to be of interest for the political level or a source of 
corruption within the SSU itself. However, no decision has been taken towards the adoption 
of  the  SSU  Reform  Concept,  which  is  stalled  at  political  level.  In  the  first  nine  months  of 
2017, the Ukrainian law enforcement agencies uncovered 188 organised crime groups with a 
total  of  more  than  800  persons.  Crime  groups  were  predominantly  active  in  drug-related 
crimes, theft, robbery and illegal excise operations.  

33 

 
 
 
 
 
 
The State Border Guard Service has further advanced towards a  modern law-enforcement 
agency  in  line  with  the  EU  best  practices.  It  is  foreseen  to  further  enhance  SBGS  capacity 
through  an  EU  financed  twinning  project  lead  by  three  EU  MS  (Germany,  Lithuania  and 
Poland).  This  aims  at  strategy  revision,  legislative  revision  and  operational  improvements. 
The  Ukrainian  authorities  have  as  per  their  reports  ensured  until  now  access  to  Interpol 
databases at 126 international border crossing points. This needs to be expanded to local and 
inter-state border crossing points. 

Prevention and fight against corruption 

The Commission confirmed Ukraine’s implementation of all benchmarks in its sixth and final 
report  on  18  December  2015.  The  sustained  reforms  progress  in  the  prevention  and  fight 
against corruption and the commitments taken by the Ukrainian leadership in this area have 
led  to  the  completion  of  the  visa  liberalisation  process  and  entry  into  force  of  the  visa  free 
regime on 11 June 2017. 

The National Anti-Corruption Bureau (NABU), the Specialised Anti-Corruption Prosecution 
(SAP),  the  National  Agency  for  Prevention  of  Corruption  (NAPC),  as  well  as  the  Asset 
Recovery  and  Management  Office  Agency  (ARMA)  are  now  in  place  and  first  results  have 
been  already  achieved,  notably  by  NABU.  Nevertheless,  the  sustainability  of  the  reforms 
achieved  requires  measures  to  ensure  both  the  independence  and  effectiveness  of  anti-
corruption institutions. NABU's effectiveness would be improved with independent access to 
wire-tapping. The independence of NABU and SAP is under serious threat.  

In particular, the upcoming audit of NABU raises concerns since it threatens to undermine the 
leadership  of  NABU  with  a  politically-driven  appointment  of  auditors..  The  recent 
amendments  to  the  Criminal  Procedural  Code  –  which  were  adopted  on  3  October  2017 
without  prior  consultation  with  the  main  stakeholders,  who  were  not  aware  of  these 
amendments until the text was published on 29 November 2017. Concerns relate notably to a 
shortening  of  time-limits  for  investigations  which  will  result  in  many  cases  having  to  be 
closed  because  the  maximum  time-limit  for  investigations  has  expired.  The  requirement  to 
have  many  investigative  decisions  approved  by the  judge  is  also  problematic  in  light  of  the 
current  bottlenecks  which  NABU  cases  are  facing  in  the  courts.  NABU's  capacity  to 
effectively  fight  corruption  is  further  undermined  by  the  recent  raid  of  its  undercover 
operations  by  the  SSU  and  the  subsequent  public  disclosure  of  the  identities  of  NABU's 
undercover agents by the GPO which destroyed NABU's undercover operations and thwarted 
several ongoing investigations of high-level public officials.  

In addition, as also highlighted by the Venice Commission's opinion, there is still a missing 
link as regards the set up an anti-corruption court to adjudicate high level corruption cases and 
ensure  a  track  record  of  convictions.  Out  of  92  criminal  proceedings  sent  to  court,  only  23 
convictions were passed, most of which concerning secondary participants in high-level cases. 

34 

 
 
 
 
 
 
 
17  convictions  came  into  force,  out  of  which  15  were  results  of  the  plea-bargaining 
agreements with suspects. 

The electronic declaration system has been successfully launched on 1 September 2016 and as 
of 14 August 2017 the e-declaration register contained 1,463,214 declarations. However, very 
little  progress  has  been  made  since  then  on  the  verification  of  asset  declarations.  Since  the 
setting-up of NAPC in 2015, its envisaged five-member board has still not been fully elected. 
Currently two board members still remain to be elected. The delays in the selection process of 
the  leadership,  challenges  related  to  the  internal  management  of  the  NAPC,  an  inadequate 
legal and regulatory framework, the lack of direct and automated access to external databases 
and registries, as well as of a data verification software system prevented NAPC from being 
fully  functional  in  its  tasks  control  and  verify  asset  declaration  of  high  level  officials.  The 
current  regulatory  set-up  and  dysfunctionality  of  the  agency  risk  resulting  in  impunity  of 
declarants  due  to  the  expiry  of  time  limits.  In  November,  three  former  NAPC  employees 
publically  accused  NAPC  Head  Natalya  Korchak  of  falsifying  the  verification  of  e-
declarations  of  public  officials  and  accused  the  Presidential  Administration  of  political 
interference in the verification process. 

The Assets Recovery and Management Agency (ARMA) was set up under the law passed in 
June 2016. It is at an early stage of institutional and operational capacity development. At the 
present,  ARMA  has  60 officers  employed  out  of  the  maximum  130  workforce  positions 
envisaged  in  the  law.  It  has  initiated  signature  of  memorandum  of  understanding  with  the 
national  bodies,  including  the  Prosecutor  General’s  Office,  Ministry  of  Justice  and  the 
National  Police,  to  be  able  to  exchange  information  more  quickly  efficiently.  On  the 
international  scale,  it  has  become  a  national  contact  point  of  the  Camdem  Assets  Recovery 
Interagency  Network  in  Europe  (CARIN),  Interpol  and  the  partnership  between  the  World 
Bank and the United Nations Office on Drugs and Crime, StAR. ARMA has already started to 
receive requests from NABU, the General Prosecutors Office, National Police, and the State 
Security Service of Ukraine to conduct operational searches. 

Serious concerns are  related to  legislative amendments to  the law on corruption  prevention, 
adopted by the Rada in 23 March 2017. The amendments extended the scope of declarants to 
include among others independent experts and anti-corruption NGOs involved in international 
assistance  projects  on  anti-corruption  to  submit  electronic  asset  declarations  in  2018.  As  a 
result  of  wide  spread  criticism,  a  draft  law  removing  these  reporting  obligations  has  been 
registered  in  the  Rada  early  July  but  its  adoption  is  still  pending.  The  recent  increase  of 
criminal  investigation  and  physical  attacks  against  civil  society  activists  and  journalists 
exposing corrupt practices is also worrying. 

35 

 
 
 
 
 
 
 
III. ANNEX - STATISTICS 

III.1 IRREGULAR MIGRATION 

Third country nationals refused entry 
at the external borders 
Albania 
Ukraine 
Serbia 
Bosnia and Herzegovina 
Moldova 
Former Yugoslav Republic of Macedonia 
Georgia 
Montenegro 

Schengen+ area 

2015 
15,835 
23,795 
7,850 
5,185 
2,725 
2,555 
1,330 
385 

2016 
30,305 
22,495 
7,910 
5,150 
4,660 
2,495 
810 
335 

Third country nationals found  
to be illegally present 

Albania 
Ukraine 
Serbia 
Moldova 
Georgia 
Former Yugoslav Republic of 
Macedonia 
Bosnia and Herzegovina 
Montenegro 

Schengen+ area 
2016 
2015 
33,445 
47,755 
29,565 
23,480 
11,180 
13,785 
7,660 
4,050 
5,240 
5,405 

5,265 

3,585 
770 

4,595 

3,645 
570 

36 

 
 
 
 
 
 
III.2 ASYLUM 

Total number of asylum applications 

Albania 
Serbia 
Ukraine 
Former Yugoslav Republic of Macedonia 
Georgia 
Bosnia and Herzegovina 
Moldova 

Montenegro 

Schengen+ area 

2015 
66,715 
30,325 
22,100 
16,110 
8,110 
9,100 
1,850 
4,115 

2016 
30,840 
13,515 
12,460 
9,100 
8,700 
4,495 
3,675 
1,830 

Monthly 
number of 
asylum 
applications 

Albania 

Serbia 
Former 
Yugoslav 
Republic of 
Macedonia 
Bosnia and 
Herzegovina 
Montenegro 

Moldova 

Ukraine 

Georgia 

2016 
M07 

2016 
M08 

2016 
M09 

2016 
M10 

2016 
M11 

2016 
M12 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

2,800 

3,035 

3,730 

2,625 

2,695 

2,280 

1,945 

1,620 

2,325 

2,220 

2,170 

2,160 

1,255 

1,415 

1,375 

930 

1,175 

990 

815 

695 

910 

710 

565 

530 

905 

930 

1,170 

805 

855 

575 

560 

555 

925 

690 

465 

560 

330 

455 

465 

390 

405 

295 

295 

260 

355 

185 

165 

180 

105 

215 

875 
915 

230 

285 

890 
855 

150 

115 

880 
785 

75 

250 

970 
815 

115 

355 

1,000 
745 

100 

510 

820 
635 

115 

265 

850 
690 

70 

130 

915 
720 

75 

85 

985 
830 

100 

45 

735 
725 

80 

85 

935 
830 

70 

110 

960 
835 

Decisions on asylum 
applications 

Total  
decisions 

2015 
Total  
positive 
decisions 

Albania 

Serbia 
Former Yugoslav 
Republic of Macedonia 

Ukraine 

Bosnia and Herzegovina 

Georgia 

Montenegro 

Moldova 

39,965 

22,070 

8,595 

9,330 

6,720 

5,510 

2,460 

185 

735 

410 

115 

2,810 

235 

365 

40 

20 

Schengen+ area 

Recognition  
rate 

Total  
decisions 

1.84% 

1.86% 

1.34% 

30.12% 

3.50% 

6.62% 

1.63% 

10.81% 

37 

41,985 

23,075 

13,765 

11,620 

7,030 

6,795 

3,150 

3,135 

2016 

Total  
positive 
decisions 

1,095 

450 

110 

2,860 

295 

440 

55 

65 

Recognition  
rate 

2.61% 

1.95% 

0.80% 

24.61% 

4.20% 

6.48% 

1.75% 

2.07% 

 
 
 
 
 
 
III.3 RETURN AND READMISSION 

Third country 
nationals ordered 
to leave and 
returned to a 
third country 
following an 
order to leave 

Albania 

Ukraine 

Serbia 
Former 
Yugoslav 
Republic of 
Macedonia 

Georgia 
Bosnia and 
Herzegovina 

Moldova 

Montenegro 

2014 

Schengen+ area 

2015 

2016 

Ordered 
to leave 

Returned 

Return 
rate 

Ordered 
to leave 

Returned 

Return 
rate 

Ordered 
to leave 

Returned 

Return 
rate 

27,125 

12,220 

12,145 

23,260 

85.75% 

39,310 

33,985 

86.45% 

31,975 

41,285 

129.12% 

9,135 

8,705 

74.75% 

19,200 

14,670 

76.41% 

26,865 

71.68% 

14,985 

12,985 

86.65% 

13,870 

22,185 

12,350 

82.58% 

89.04% 

2,530 

2,400 

94.86% 

5,700 

5,800 

101.75% 

6,085 

7,710 

126.71% 

6,260 

3,375 

53.91% 

6,415 

2,895 

45.13% 

5,635 

3,150 

55.90% 

5,450 

3,320 

60.92% 

5,675 

4,100 

72.25% 

5,080 

3,755 

73.92% 

1,700 

1,090 

1,060 

62.35% 

525 

48.17% 

1,810 

1,565 

1,215 

1,225 

67.13% 

78.27% 

5,035 

1,500 

2,425 

2,405 

48.16% 

160.33% 

38 

 
 
 
 
 
 
III.4 SECURITY 

Number of Article 26 alerts (persons wanted for arrest14) created between October 2016-
September 2017 by all Member State, broken down by country and month.  

Art. 26  
SIS alerts 

2016 
M10 

2016 
M11 

2016 
M12 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

2017 
M07 

2017 
M08 

2017 
M09 

Albania 
Bosnia and 
Herzegovina 
Former Yugoslav 
Republic of 
Macedonia 
Montenegro 

Serbia 
Total Western 
Balkans per 
month 

Georgia 

Moldova 

Ukraine 
Total Eastern 
Partnership per 
month 

24 

31 

18 

20 

15 

6 

1 

1 

12 

6 

0 

1 

13 

44 

51 

5 

4 

7 

12 

5 

8 

3 

1 

0 

15 

37 

1 

6 

7 

8 

4 

3 

12 

47 

2 

7 

3 

16 

25 

14 

12 

8 

1 

2 

32 

58 

7 

5 

12 

24 

30 

13 

7 

2 

24 

76 

10 

6 

16 

32 

23 

5 

3 

0 

24 

55 

3 

2 

13 

18 

11 

10 

3 

1 

20 

45 

7 

8 

15 

30 

23 

31 

8 

2 

1 

32 

66 

4 

6 

24 

34 

9 

2 

1 

30 

73 

8 

4 

27 

39 

20 

12 

5 

3 

41 

81 

11 

1 

8 

20 

22 

21 

6 

1 

42 

92 

18 

6 

13 

37 

Total 
over 12 
months 
268 

109 

35 

16 

297 

725 

88 

60 

153 

301 

14  

Person against whom a European Arrest Warrant or Extradition Request (Associated Countries) has been 
issued. 

39