REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL SECOND REPORT UNDER THE VISA SUSPENSION MECHANISM
Date: 2018-12-19
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, 19.12.2018  COM(2018) 856 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL SECOND REPORT UNDER THE VISA SUSPENSION MECHANISM {SWD(2018) 496 final}  
 
 
I. 

Introduction 

The visa-free regime brings important benefits for citizens and reinforces social, cultural and 
economic  ties  between  the  EU  and  its  partners.  At  the  same  time,  the  visa-free  regime  also 
brings  responsibilities to sustain the progress achieved under visa liberalisation dialogues and 
ensure a well-managed  migration and security environment,  including through  a visa policy 
that is aligned with the EU acquis.  

This Second Report under the Visa Suspension Mechanism stems from the Commission's 
duty to monitor the continuous fulfilment of visa liberalisation requirements by third countries 
and  to  report,  at  least  once  a  year1,  on  those  matters  to  the  European  Parliament  and  the 
Council.  The  assessment  period  starts  with  the  adoption  date  of  the  First  Report  under  the 
Visa Suspension Mechanism2 in December 2017. In terms of geographical scope, the report 
continues  to  cover  those  countries  which  have  successfully  concluded  visa  liberalisation 
dialogues.  This  report  continues  to  focus  on  specific  areas3  where  further  actions  are 
necessary to ensure the sustainability of the progress achieved. Therefore, as in the case of the 
First Report under the Visa Suspension Mechanism, benchmarks with a stable implementation 
record are not being covered in this report. 

The  statistical  part  of  this  report  covers  26 EU  Member  States  that  apply  Regulation  (EU) 
2018/1806  and  the  four  Schengen  Associated  Countries  (hereinafter  referred  to  as  
"Schengen+  area")4.  The  assessment  of  specific  areas  is  primarily  based  on  information 
provided  to  Eurostat5  by  countries  in  the  Schengen+  area,  information  provided  by  EU 
Agencies  (Europol,  eu-LISA,  the  European  Asylum  Support  Office,  the  European  Border 
Coast  Guard  Agency    and  Eurojust)  and  the  exchange  of  information  between  the 
Commission,  European  External  Action  Service  and  authorities  of  the  visa-free  countries. 
This  report  is  accompanied  by  a  Commission  Staff  Working  Document,  which  provides 
more detailed background information on the developments identified for specific areas.  

1 

4 

5  

2      COM(2017) 815 final. 
3  

In accordance with  Article 8(4) of Regulation (EU) 2018/1806  of the European Parliament and of the Council of 14 
November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external 
borders and those whose nationals are exempt from that requirement, OJ L 303, 28.11.2018, p. 39. 

As  last  year,  the  specific  areas  are  identified  in  line  with  the  respective  visa  liberalisation  actions  plans  for  each 
country.  In  this  report  the  focus  is  on  the  following  specific  areas:  Albania  (irregular  migration,  law  enforcement, 
money  laundering),  the  former  Yugoslav  Republic  of  Macedonia  (irregular  migration,  organised  crime),  Bosnia  and 
Herzegovina  (irregular  migration,  organised  crime,  money  laundering),  Montenegro  (irregular  migration,  organised 
crime),  Serbia  (irregular  migration,  visa  policy,  organised  crime,  money  laundering),  Moldova  (irregular  migration, 
anti-corruption),  Georgia  (irregular  migration,  organised  crime,  anti-corruption)  and  Ukraine  (irregular  migration, 
organised  crime,  anti-corruption).  The  Commission  continues  also  to  closely  follow  the  implementation  of  the 
benchmarks  related  to  document  security,  as  well  as  anti-discrimination  and  the  situation  of  vulnerable  population 
groups. As regards the broader situation in the area of home affairs and justice, also relevant for the implementation of 
visa  liberalisation  commitments,  the  Commission  continues  to  monitor  and  report  in  the  framework  of    EU 
Enlargement  package  for  the  visa-free  Western  Balkans  countries  and,  for  the  Eastern  Partnership  countries,  in  the 
framework of the implementation of the respective Association Agreements. 
Belgium,  Bulgaria,  Croatia,  Cyprus,  the  Czech  Republic,  Denmark,  Germany,  Estonia,  Greece,  Spain,  France,  Italy, 
Latvia,  Lithuania,  Luxembourg,  Hungary,  Malta,  the  Netherlands,  Austria,  Poland,  Portugal,  Romania,  Slovenia, 
Slovakia, Finland and Sweden, as well as Switzerland, Norway, Liechtenstein and Iceland.  
Eurostat  statistics  are  continuously  updated,  with  the  authorities  of  countries  in  the  Schengen+  area  providing  more 
accurate data throughout time. Bearing this in mind, statistics for the previous years (including the period covered by 
the  First  Report  under  the  Visa  Suspension  Mechanism)  have  been  retroactively  updated  with  the  most  recent 
information available at the moment of writing. 

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II. 

Assessment of specific areas in line with visa liberalisation benchmarks 

II.1   Western Balkans 

Albania 

Irregular migration, including readmission 

As  regards  irregular  migration  challenges,  between  2016  and  2017,  the  total  number  of 
refusals of entry increased by 13% (from 30,305 to 34,310). The number of illegal stay also 
increased by about 11% (from 33,445 illegal stay in 2016 to 37,325 in 2017). According to 
the  European  Border  and  Coast  Guard  Agency  data,  the  trends  for  the  irregular  migration 
challenges, between the first half of 2017 and the first half of 2018, indicate a decrease in the 
number  of  refusals  of  entry  and  for  illegal  stay6.  As  regards  asylum  applications,  these 
decreased by 32% in the first half of 2018 compared to the first half of 2017 (from 12,635 to 
8,525). The asylum recognition rate of 2017 is 5.19% (an increase compared to 2016 when it 
was 2.12%)7. Readmission and return is functioning well, with the country swiftly honouring 
readmission  requests  from  Member  States  both  for  own  and  third  country  nationals.  The 
return  rate  (above  100%8  in  2017),  shows  that  Albanian  nationals  ordered  to  leave  are 
effectively returned (29,850 in 2017). This good result must be maintained. 

Albania  has  taken  actions  identified  in  the  First  Report  under  the  Visa  Suspension 
Mechanism  to  address  the  challenges  of  irregular  migration,  in  particular  of  unfounded 
asylum  applications  lodged  by  Albanian  nationals.  Albania  has  achieved  good  results  in 
implementing  the  action  plan  against  irregular  migration,  which  focuses  on  operational 
cooperation  in  the  management  of  irregular  migration,  identification  and  protection  of 
unaccompanied  minors  and  fight  against  document  fraud.  It  also  continued  to  increase  the 
operational cooperation with Member States most affected by irregular migration. In order to 
raise awareness on the rights and obligations of the visa-free regime, the Albanian authorities 
conducted awareness raising campaigns which have been aired on all national TV stations.  

Public order and security  

Albanian-speaking  organised  crime  groups  are  usually  poly-criminal  and  continue  to  be 
particularly  active  across  a  broad  range  of  criminal  activities  in  the  EU.  These  organised 
crime  groups  traffic  heroin  in  large  quantities  cooperating  with  Turkish  and  Albanian-
speaking organised crime groups along the trafficking routes. Several key locations in Albania 
have  been  a  source  of  radicalisation  and  recruitment,  but  there  has  been  a  decrease  in 
departures of recruited foreign terrorist fighters to conflict zones in Syria and Iraq. 

Albania has taken further steps to improve the effectiveness of its law enforcement efforts to 
combat serious and organised crime, as outlined in the actions to be taken in the First Report 

6 

7 

8 

  Based on the European Border and Coast Guard Agency data available until mid-2018. Eurostat statistics are  available 

only yearly (except asylum data). 
This means that for 93.78% of the asylum applications lodged there were negative decisions issued by relevant asylum 
authorities. This corresponds to 24,603 asylum applications out of the 26,235 asylum applications lodged by Albanian 
nationals in the Schengen+ area in 2017. 
The amount of returnees in a given year is compared to the amount of return orders in that same  year.  A return rate 
higher than 100% indicates that the country is effectively addressing the backlog from previous years. 

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under the Visa Suspension Mechanism. The action plan on anti-cannabis was adopted at the 
end of May 2018. The working arrangement between Albania and the European Monitoring 
Centre for Drugs and Drug Addiction was initialled on 5 October 2018. This arrangement will 
enable crucial expertise to be provided to the Albanian authorities in the fight against drugs. 
Albania has a working arrangement in place with the European Agency for Law Enforcement 
Training and participates in the EU Justice Programme since February 2018. On 1 November 
2018,  the  Albanian  Parliament  ratified  the  Liaison  Agreement  with  Europol  allowing  a 
Europol liaison officer to be posted in Albania early 2019. A Cooperation Agreement between 
Eurojust and Albania was signed in October 2018.  

While a new law on the prevention of money laundering and financing of terrorism adopted in 
2017  strengthened  the  overall legislative  framework,  Albania  was  placed  under  enhanced 
follow-up,  following  the  adoption  of  the  Moneyval  report.9  In  September  2018,  the 
Government adopted an Action Plan to address the Moneyval recommendations.  

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  While  good  progress 
has  been  achieved  in  the  implementation  of  actions  to  tackle  irregular  migration 
challenges, further efforts are needed to ensure the improvement and the sustainability of 
results. The following areas need to be addressed: 

  Further strengthen border controls, in full respect of fundamental rights;  
  Continue to organise information campaigns on the rights and obligations of visa-free 

travel; 

  Further  improve  the  effectiveness  of  prosecution  and  law  enforcement  efforts  to 

combat organised crime;  

  Swiftly  implement  the  recommendations  of  the  Moneyval  report  on  anti-money 

laundering/counter-terrorism financing.  

The former Yugoslav Republic of Macedonia 

Irregular migration, including readmission 

As  regards  irregular  migration  challenges,  between  2016  and  2017,  the  total  number  of 
refusals  of entry increased by 28%  (from 2,495  refusals  in  2016 to  3,200 refusals  in  2017). 
The  number  of  illegal  stays  had  also  increased  by  43%  in  2017  (6,555)  compared  to  2016 
(4,595).  As  regards  the  trends  between  the  first  half  of  2017  and  the  first  half  of  2018, 
according to the European Border and Coast Guard Agency data, there was an increase in the 
number of refusals of entry and no increase in illegal stay. As regards asylum applications, in 
the  first  half  of  2018,  2,360  asylum  applications  were  submitted,  which  represents  a  39% 
decrease compared to the first half of 2017, when a total of 3,860 asylum applications were 
submitted.  The  asylum  recognition  rate  remained  low  (0.81%  in  2016  and  1.45%  in  2017). 
Readmission and return is functioning well and should be maintened in future. The return rate 
(reaching 130% in 2017) shows that nationals of the former Yugoslav Republic of Macedonia 
ordered to leave are effectively returned (5,580 in 2017). 

9  

https://rm.coe.int/moneyval-56th-plenary-report-august-2018-eng-fin/16808d593a. 

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The former Yugoslav Republic of Macedonia continued to take actions identified in the 
First  Report  under  the  Visa  Suspension  Mechanism,  in  particular  as  regards  irregular 
migration challenges.  Border controls and stricter document checks have been strengthened. 
The Ministry of Interior organised trainings for border police as regards the respect of human 
rights. The implementation of action plans to improve the assistance to vulnerable populations 
has  been  strengthened  but  further  efforts  are  needed  in  order  to  maintain  the  measures  in 
place.  

Public order and security 

As  regards  organised  crime,  organised  crime  groups  from  the  former  Yugoslav  Republic  of 
Macedonia  are  active  in  the  trafficking  and  distribution  of  drugs.  Some  are  poly-criminal 
groups  involved  in  other  forms  of  trafficking  (goods,  cigarettes).  The  former  Yugoslav 
Republic of Macedonia remains a source of trafficked archaeological objects, religious items 
and  cultural  goods  to  the  EU.  Migrant  smuggling  networks  are  active  in  border  areas, 
especially with Greece and Serbia, despite several arrests throughout the year.  

The Ministry of Interior carried out operations to fight drug trafficking and continued with its 
activities  to  fight  organised  crime.  A  national  task  force  and  mobile  teams  have  been 
established to prevent trafficking in human beings and support early identification of potential 
victims. The former Yugoslav Republic of Macedonia and Montenegro signed an agreement 
on  cooperation  in  the  field  of  fighting  trafficking  in  human  beings.  The  former  Yugoslav 
Republic  of  Macedonia  has  developed  its  own  Serious  and  Organised  Crime  Threat 
Assessment,  as  well  as  a  regional  one  with  Serbia  and  Montenegro.  Law  enforcement 
cooperation  with  Western  Balkan  partners,  Italy  and  Slovenia  has  improved,  as  has 
operational  cooperation  with  Europol.  The  former  Yugoslav  Republic  of  Macedonia  has 
appointed a liaison prosecutor, who has been deployed to Eurojust since November 2018.  

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

  Further strengthen border controls, in full respect of fundamental rights; 
  Continue to organise information campaigns on the rights and obligations of visa-free 

 

travel; 
Improve  the  effectiveness  of  law  enforcement  efforts  to  combat  organised  criminal 
networks  especially  involved  in  drug  trafficking  and  to  provide  a  credible  track-
record; 

  Step  up  investigations  and  prosecution  of  organised  crime  groups,  including  those 

engaged in migrant smuggling. 

Bosnia and Herzegovina  

Irregular migration, including readmission 

As regards irregular migration challenges, between 2016 and 2017, there was no increase in 
refusals of entry (from 5,150 to 5,145), while the number of illegal stay slightly increased by 
about 13% (from 3,645 to 4,135). As regards the trends between the first half of 2017 and the 
first half of 2018, according to the European Border and Coast Guard Agency data, there is an 
increase in the number of refusals of entry and no increase in illegal stay. In the first half of 

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2018,  1,080  asylum  applications  were  submitted  by  nationals  of  Bosnia  and  Herzegovina, 
which represents a 27% decrease compared to the same period in 2017, when a total of 1,485 
asylum  applications  were  submitted.  The  asylum  recognition  rate  was  3.10%  in  2016  and 
increased  to  5.66%  in  2017.  Bosnia  and  Herzegovina’s  decision  to  grant  visa-free  travel  to 
Chinese  nationals  (decision  effective  as  of  May  2018)  needs  to  be  monitored  closely.  On 
readmission  and  return,  cooperation  is  functioning  well.  The  return  rate  remains  good  but 
should  be  further  improved  with  all  Member  States  (reaching  72%  in  2017  with  2,680 
Bosnian nationals effectively returned).  

Bosnia and Herzegovina has taken actions identified in the First Report under the Visa 
Suspension Mechanism. The Strategy and Action Plan on migration and asylum (2016-2020) 
has been implemented.  Information campaigns on the rights and obligations of the visa free 
regime were carried out. On 15 May 2018, the Council of Ministers adopted an Action Plan 
for Emergency Measures. The implementation of the Action Plan was affected by the lack of 
coordination  among  responsible  levels  of  governance.  Notably,  the  border  police  has  been 
affected by this issue and is currently understaffed. 

Public order and security 

As regards organised crime, organised crime groups from Bosnia and Herzegovina are among 
the  most  frequently  reported  for  organised  property  crimes  in  the  EU,  as  well  as  the 
trafficking  in  human  beings  and  trafficking  of  illicit  drugs.  In  addition,  Bosnia  and 
Herzegovina  is  a  destination  country  for  vehicles  stolen  in  Member  States.  There  remain 
significant  weapon  stocks  in  Bosnia  and  Herzegovina,  which  is  a  risk  in  the  framework  of 
firearms  trafficking.  Bosnia  and  Herzegovina  adopted  a  new  Strategy  on  fighting  organised 
crime  and  is  implementing  the  action  plan  on  anti-money  laundering  and  financing  of 
terrorism.   

The  authorities  continued  to  increase  the  capacity  of  the  law  enforcement  in  tackling 
organised crime and investigations. However, improvements are needed to guarantee a more 
effective  judicial  follow-up.  The  implementation  of  the  2016-2019  Action  Plan  on  fighting 
trafficking in human beings is ongoing. In May 2017, an agreement was signed on posting a 
liaison  officer  to  Europol.  To  date,  Bosnia  and  Herzegovina  has  not  appointed  a  National 
Contact  Point  foreseen  in  the  Agreement  on  Operational  Cooperation  with  Europol.  Bosnia 
and Herzegovina cannot send its liaison officer to Europol  until an National Contact Point is 
in place.  

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

 

Increase  the  effective  and  sustainable  allocation  of  sufficient  resources  to  the 
management of borders and further strengthen the border controls, also in the context 
of identification and registration measures, in full respect of fundamental rights; 

  Continue to organise information campaigns on the rights and obligations of visa-free 

travel; 

  Appoint a National Contact Point as required in the Cooperation Agreement in place 

with Europol; 

  Further efforts are needed to effectively prevent and fight organised crime and money 

laundering, in a coordinated manner among law enforcement authorities. 

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Montenegro  

Irregular migration, including readmission 

As regards irregular migration challenges, between 2016 and 2017, the number of refusals 
of  entry  increased  by  around  63%  (from  335  to  545),  while  the  number  of  illegal  stay  also 
increased  by  42%  in  2017  (810  in  2017  compared  to  570  in  2016).  The  figures,  however, 
remain  low  in  absolute  terms.  According  to  the  European  Border  and  Coast  Guard  Agency 
data,  the  trends  between  the  first  half  of  2017  and  the  first  half  of  2018  indicate  a  slight 
increase in the number of refusals of entry and for illegal stay. In the first half of 2018, 330 
asylum  applications  were  submitted  by  Montenegrin  nationals,  which  represents  a  38% 
decrease compared to the same period in 2017, when a total of 530 asylum applications were 
submitted. Overall, in the whole of 2017 a total of 970 asylum applications were submitted, 
compared to 1,830 in 2016 (a 47% decrease). The asylum recognition rate is low (0.96% in 
2016  and  2.10%  in  2017).  Readmission  and  return  is  functioning  well,  with  the  country 
swiftly honouring readmission requests from Member States both for own and third country 
nationals. The return rate (above 100% in 2017), shows that Montenegrin nationals ordered to 
leave the EU are effectively returned (820 in 2017) and this needs to be continued.  

Montenegro has taken actions identified in the First Report under the Visa Suspension 
Mechanism.  While  it  did  not  organise  a  media  campaign  on  the  rights  and  obligations  of 
visa-free  travel  in  2018,  there  is  one  foreseen  for  2019.  In  March  2018,  the  Government 
adopted a new Action Plan under the Reintegration Strategy for Persons Returned under the 
Readmission  Agreement,  in  order  to  improve  the  reintegration  of  readmitted  nationals.  The 
legal framework on legal and irregular migration has been aligned to the EU framework with 
the adoption in February 2018 of the new Law on Foreigners. The Law on International and 
Temporary Protection of Foreigners entered into force on 1 January 2018.  

Montenegro  adopted  on  22  November  2018  an  investor  citizenship  scheme.  The  investor 
citizenship  scheme  needs  to  be  closely  monitored,  as  it  could  pose  migratory  and  security 
risks. Therefore, appropriate due diligence and security checks should be applied. 

Public order and security 

As  regards  organised  crime,  a  source  of  concern  remains  the  drug  transit  through 
Montenegro into the EU. Organised crime groups are active in the trafficking of cannabis and 
cocaine (with direct links to criminal groups in South America). Despite the success of several 
initiatives  conducted  by  the  Montenegrin  authorities  to  reduce  the  prevalence  of  firearms, 
these  are  still  widely  available.  Montenegro  is  an  important  transit  country  and  a  potential 
source of counterfeit and contraband cigarettes. 

Montenegro  has  a  well-established  cooperation  with  Europol  and  Interpol.  The  police 
cooperation  with  EU  Member  States  is  being  steadily  strengthened,  as  illustrated  in  recent 
joint  police  operations.  The  cooperation  with  Eurojust  is  also  smooth,  and  in  2018 
Montenegro has been involved in 16 Eurojust registered cases. Several investigations on high-
profile  criminal  cases  have  been  on-going  since  2017,  in  which  money-laundering  is 
prosecuted as a stand-alone crime. In July 2018, Montenegro adopted amendments to the Law 
on  Money  Laundering  and  Terrorism  Financing,  as  well  as  the  Law  on  International 
Restrictive  Measures.  In  order  to  improve  the  fight  against  trafficking  in  human  beings  and 
smuggling  of  migrants,  a  specialised  department  was  established  in  the  police  services.  On 

6 

 
 
 
  
 
20 July  2018,  Montenegro  and  the  former  Yugoslav  Republic  of  Macedonia  signed  an 
agreement on cooperation in the field of fighting trafficking in human beings. The number of 
cases of trafficking in human beings investigated and prosecuted remains low. 

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

  Continue to organise information campaigns on the rights and obligations of visa-free 

travel; 

  Consolidate the track-record in the area of the fight against organised crime, including 
trafficking  in  human  beings,  drug  trafficking,  money  laundering  and  high  level 
corruption.  

Serbia  

Irregular migration, including readmission 

As regards irregular migration challenges, between 2016 and 2017, there was no increase in 
the refusals of entry  (from 8,070 to 7,910), while the number of Serbian nationals found to be 
illegally present increased by 31% between 2016 and 2017 (from 11,180 to 14,665 in 2017). 
According to the European Border and Coast Guard Agency data, the trends between the first 
half of 2017 and the first half of 2018 indicate an increase in the number of refusals of entry 
and  for  illegal  stay.  In  the  first  half  of  2018,  3,460  asylum  applications  were  submitted  by 
Serbian nationals, which represents a more than 20% decrease compared to the same period in 
2017,  when  4,375  asylum  applications  were  submitted.  The  total  number  of  asylum 
appplications  in  2017  is  8,325,  a  38%  decrease  compared  to  2016  when  there  were  13,515 
applications. The asylum recognition rate remains low (1.57% in 2016 and 3.23% in 2017). 
The return rate (above 100% in 2017), shows that Serbian nationals ordered to leave the EU 
are effectively returned (7,920 in 2017). Serbia's cooperation on the readmission and return of 
its own nationals is functioning well and should be continued. However, the continuous lack 
of  implementation  of  the  third-country  national  provision  of  the  EU-Serbia  Readmission 
Agreement remains of concern, especially for Romania and Bulgaria. 

Serbia  has  taken  actions  identified  in  the  First  Report  under  the  Visa  Suspension 
Mechanism. A European Border and Coast Guard Agency’s regional liaison officer has been 
posted in Belgrade since September 2017.  

The  Commission  expressed  its  concerns  regarding  the  visa-free  regime  granted  to  Iranian 
nationals  by  Serbia  in  its  First  Report  under  the  Visa  Suspension  Mechanism  adopted  in 
December 2017. In view of the significant number of Iranian nationals abusing the visa-free 
travel to Serbia with an intention to move on to EU, this decision has been highly detrimental 
to a safe and secure migration management. Available statistics show that from 2 September 
2017  to  16  October  2018,  46,493  Iranian  nationals  were  recorded  on  entry,  33,568  were 
recorded  on  exit.  In  this  context,  the  Commission  takes  positive  note  of  Serbia’s 
announcement  to  terminate  of  the  visa-free  status  for  Iranian  nationals,  effective  as  of  17 
October 2018. The visa-free status given by Serbia to other countries which are on the EU’s 
visa required list remains a source of concern due to possible migratory and security risks and 
needs to be closely monitored. Such a risk has been recently observed in relation to nationals 
from  India,  with  indications of abuse of  the Serbian visa-free  regime in  a similar pattern as 
observed with Iranian nationals. Furthermore, the procedure of issuing of visas should also be 
7 

 
 
 
 
  
 
aligned with the standards of the EU visa policy, in particular as regards the checks of the visa 
applicants, because of migratory and security risks.  

Public order and security 

As  regards  organised  crime,  Serbian  nationals  continue  to  be  reported  as  one  of  the  most 
frequently  reported  nationalities  for  organised  property  crimes  in  the  EU,  particularly  in 
Belgium, France, Germany and Italy. Serbian nationals have also continued to be one of the 
most  frequently  encountered  victims  of  trafficking  in  human  beings  originating  from  the 
Western Balkans region. Organised crime groups comprised of Iranian nationals are involved 
in  the  trafficking  of  heroin  along  this  route,  as  well  as  the  Southern  Caucasus  route.  There 
remain  significant  weapon  stocks  in  Serbia,  which  is  a  risk  in  the  framework  of  firearms 
trafficking.  

In order to step up the fight against organised crime, the Law on Organisation and Jurisdiction 
of  Government  Authorities  in  Suppression  of  Organised  Crime,  Terrorism  and  Corruption 
entered into force in  March 2018.  In order to  strengthen its administrative capacity, in  June 
2018, Serbia established a new Coordination Body for the Prevention of Money Laundering 
and  the  Financing  of  Terrorism.  The  working  arrangement  between  the  Ministry  of  the 
Interior and the European Police College was ratified in March 2018 and entered into force in 
April 2018. Preparatory work is ongoing to deploy a Europol liaison officer to Serbia.  

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

  Further alingment  with  the EU visa policy, which is  an underlying  condition  for the 

continuous fulfilment of the migration management benchmark; 

  Further strengthen border controls, in full respect of fundamental rights;  
  Step up the effective implementation of the EU-Serbia Readmission Agreement for the 

readmission of third country nationals; 

  Continue to organise information campaigns on the rights and obligations of visa-free 

travel; 

  Ratify the Europol Liaison Agreement as soon as possible, so as to enable the timely 

deployment of the liaison officer; 

  Continue  stepping  up  intelligence-led  investigations  with  a  view  to  developing  a 

sustainable track-record of final convictions and dismantling organised crime.  

II.2  Eastern Partnership 

Moldova 

Irregular migration, including readmission 

As regards irregular migration challenges, between 2016 and 2017, the number of refusals 
of  entry  increased  by  56%  (from  4,660  to  7,270).  The  number  of  illegal  stay  has  slightly 
increased from 7,660 in 2016 to 8,785 in 2017 (a 15% increase). According to the European 
Border and Coast Guard Agency data, the trends between the first half of 2017 and the first 
half  of  2018  indicate  an  increase  of  the  number  of  refusals  of  entry  and  a  considerable 

8 

 
 
 
 
 
  
 
 
 
 
 
increase in illegal stay. As regards asylum applications, after an important decrease by more 
than 50% between 2016 and 2017 (from 3,675 to  1,610), in  the first  half of 2018 a total  of 
1,665  applications  were  registered,  which  is  128%  higher  than  in  the  same  period  in  2017 
(730 applications). The asylum recognition rate is low (1.48% in 2016 and 1.35% in 2017). 
The return rate (around 83% in 2017) has significantly increased compared to 2016 (around 
48%)  with  3,835  Moldovan  nationals  effectively  returned  in  2017.  The  cooperation  on 
readmission and return with Moldova is functioning well and should be continued. 

Moldova  is  implementing  the  Action  Plan  2016-2020  in  the  framework  of  the  National 
Strategy  on  Migration  and  Asylum  2011-2020.  Moldova  has  stepped  up  efforts  to  develop 
targeted information campaigns to clarify the rights and obligations regarding visa-free travel. 
Vulnerable  categories  have been specifically targeted with  information  campaigns including 
on  the  the  risk  of  overstaying  in  the  Schengen+  area  and  the  penalties  linked  to  it.  In 
November 2018 Moldova launched an investor citizenship scheme, which needs to be closely 
monitored, as it could pose migratory and security risks. Therefore, appropriate due diligence 
and security checks should be applied. 

Public order and security 

Moldovan  organised  crime  groups  continue  to  represent  an  important  security  threat, 
particularly  in  Austria,  France,  Germany,  Latvia  and  Poland.  Their  main  areas  of  activity 
cover  property  crime,  illicit  tobacco  trade,  drug  trafficking  (heroin),  excise  fraud,  card 
payment fraud and money laundering. In particular, Russian-speaking organised crime groups 
exploit Moldova as a transit country to launder money and transfer it into the EU. The main 
terrorist-related  risk  factors  are  the  use  of  Moldovan  territory  as  a  transit  zone  to  Middle 
Eastern conflict zones, radicalisation and mercenary activities in Eastern Ukraine. There is an 
increasing  number  of  cybercrime  services  from  Moldova  and  attacks  against  Automated 
Teller Machines, such as black box attacks.  

Moldova  has  taken  some  actions  identified  in  the  First  Report  under  the  Visa 
Suspension  Mechanism,  including  the  adoption  of  new  anti-money  laundering  legislation, 
the  establishment  of  operational  anti-corruption  institutions,  the  broadening  of  the  Criminal 
Assets Recovery Agency's scope and the implementation of information campaigns related to 
visa-free  travel.  However,  significant  shortcomings  remain  in  ensuring  the  fulfilment  of  the 
anti-corruption benchmark. The adoption of the package of laws on the fiscal reform in July 
2018 has raised concerns regarding the political will to fight corruption. The legal initiatives 
in  the  package  include  a  capital  and  fiscal  amnesty,  which  had  been  previously  withdrawn 
from the legislative agenda following criticism from inter alia the EU. It also includes a so-
called "business package", which  re-introduces the  "de-criminalisation" of several economic 
crimes. 

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  In  the  First  Report 
under  the  Visa  Suspension  Mechanism,  the  Commission  noted  that  the  fulfilment  of  the 
anti-corruption  and  anti-money  laundering  benchmarks  could  be  endangered  unless 
immediate actions are taken in order to ensure continuous and sustainable implementation. 
However, some of the recommended actions have not been implemented. Immediate actions 
are needed to address the irregular migration challenges, including as regards unfounded 
asylum applications by Moldovan nationals. Moldova also needs to take immediate actions 

9 

 
 
 
 
 
 
 
as  a  matter  of  urgency  to  ensure  the  fulfillment  of  the  anti-corruption  benchmark.  The 
following areas need to be addressed:  

  Strengthen border controls, in full respect of fundamental rights; 
  Continue to organise information campaigns on the rights and obligations of visa-free 

travel; 

  Strengthen  the  operational  cooperation  to  achieve  a  swift  decrease  in  the  number  of 
unfounded asylum applications lodged by Moldovan nationals in the Schengen+ area; 

  Align the laws on fiscal reforms with the EU standards;  
  Strengthen  the  National  Integrity  Authority  by  appointing  the  necessary  number  of 
integrity  inspectors.  Ensure  the  effective  implementation  of  the  asset  declaration 
system with regard to all high-level actors; 

  Step  up  efforts  in  order  to  build  a  track-record  in  the  fight  against  high-level 
corruption,  implement  the  Asset  Recovery  Strategy  and  ensure  a  thorough,  impartial 
prosecution  of  the  banking  fraud,  the  recovery  of  the  misappropriated  funds  and 
bringing all those responsible to justice without further delay. 

Georgia 

Integrated border management, migration management and asylum 

As regards irregular migration challenges, between 2016 and 2017, the number of refusals of 
entry  increased  by  around  200%  (from  810  to  2,655),  while  there  was  a  slight  increase  in 
illegal  stay between 2016 (5,240) and 2017  (5,860). According to  the European  Border and 
Coast Guard Agency data, the trends between the first half of 2017 and the first half of 2018 
indicate a considerable increase in the number of refusals of entry and an increase in illegal 
stay. In the first half of 2018 the number of asylum applications has doubled compared to the 
same  period  in  2017,  with  9,680  asylum  applications  submitted  in  the  first  half  of  2018 
compared to 4,770 in the same period of 2017. Germany and France are the main countries 
affected  by  this  increase.  The  asylum  recognition  rate  was  14,09%  in  2016  and  5,48%  in 
2017,  showing  a  considerable  decrease.  Georgia’s  cooperation  on  readmission  and  return  is 
functioning well and should be continued. The return rate (around 63% in 2017) has increased 
compared to 2016 (around 56%) with 4,560 Georgian nationals  effectively were returned in 
2017. 

Georgia  has  taken  actions  identified  in  the  First  Report  under  the  Visa  Suspension 
Mechanism and continued to address the challenge of unfounded asylum applications and to 
increase the operational cooperation with Member States most affected by irregular migration.  
Georgia  has  introduced  important  legislative  changes  to  address  the  increased  asylum 
applications and to prevent irregular migration, including an amendment of the Law on Civil 
Acts  (which  restricted  terms  and  conditions  for  changing  the  last  name)  in  April  2018. 
Georgia has made progress in implementing the 2016-2020 Migration Strategy and its Action 
Plan.  The  third  wave  of  the  EU-funded  intensive  information  campaign  on  the  rights  and 
obligations under the visa-free regime, with a particular focus on preventing the abuse of EU 
asylum  procedures,  was  launched  in  October  2018.  The  Georgian  authorities  published  a 
bilingual guidebook on legal migration and developed a Schengen/EU Mobile Application to 
allow Georgian nationals to calculate the period spent in Schengen+ area and the remaining 
days to avoid overstaying.  
Public order and security 

10 

 
 
 
  
 
 
Organised  crime  groups  from  Georgia  are  still  reported  as  one  of  the  most  frequently 
represented non-EU nationalities involved in serious and organised crime in the EU, notably 
in France, Greece, Germany, Italy, Spain and Sweden. Property crime remains the main crime 
in which Georgian organised crime groups are involved, while they continue to be active in 
laundering criminal proceeds. Drug trafficking remains an issue to be monitored. In the recent 
years  Georgian  authorities  were  successful  in  dismantling  organised  crime  groups  based  in 
Georgia. 

Georgia  has  taken  actions  identified  in  the  First  Report  under  the  Visa  Suspension 
Mechanism and stepped up cooperation at international level to prevent and fight organised 
crime.  The  new  National  Strategy  2017-2020  for  Combating  Organised  Crime  and  Action 
Plan  2017-2018  need  to  be  implemented  in  a  timely  and  effective  manner.  Following  last 
years'  recommendations,  police  reforms  on  intelligence-led  and  community  policing  are 
progressing, as well as the establishment of the unified crime analysis system. Police attachés 
are posted in key Member States and new law enforcement agreements are being concluded. 
Further  enhanced  police  cooperation  with  the  most-affected  Member  States  is  needed  to 
continue reducing the impact of Georgian organised crime groups on the EU. In March 2018, 
the Memorandum of Understanding on Secure Communication Line and Liaison Agreement 
were signed with Europol and a liaison officer was placed at Europol in September 2018. The 
negotiations on the Cooperation Agreement with Eurojust have been finalised.  

Overall  Georgia  has  a  good  track-record  in  implementing  anti-corruption  reforms,  although 
high  level  corruption  and  further  involvement  of  civil  society  still  remain  areas  for 
improvement. The mechanism for the verification of asset declarations, introduced in January 
2017,  has  been  implemented  effectively  and  will  be  further  supported  by  the  EU.  While 
Georgia  designated  the  Unit  of  European  Integration  and  Cooperation  with  International 
Organisations of the Chief Prosecutor’s Office as its national Asset Recovery Office in July 
2018, an independent asset recovery office should be set up. 

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  While  concrete 
measures  have  been  put  in  place  to  address  irregular  migration  challenges,  further 
immediate  action  is  needed  to  address  these  challenges,  including  increasing  numbers  of 
unfounded asylum applications. The following areas need to be addressed: 

  Strengthen the operational cooperation with concerned countries to achieve a swift 

decrease in the number of unfounded asylum applications by Georgian nationals in the 
Schengen+ area;  

  Strengthen border controls, in full respect of fundamental rights; 
  Continue to organise information campaigns on the rights and obligations of visa-free 

travel; 

  Continue  to  strengthen  cross-border  law  enforcement  cooperation  to  fight  against 

Georgian organised crime groups; 

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

analysis system as a matter of priority; 

  Continue  strengthening  the  anti-corruption  framework,  including  through  the  setting 

up of an independent Asset Recovery Office. 

Ukraine 

11 

 
 
 
 
 
 
 
Integrated border management, migration management and asylum 

As  regards  irregular  migration  challenges,  between  2016  and  2017,  the  refusals  of  entry 
increased by 47% (from 22,495 refusals to 33,105 refusals). The number of Ukrainians found 
to  be  illegally  present  slightly  increased  (13%  up)  in  2017  (33,485)  compared  to  2016 
(29,570).  According  to  the  European  Border  and  Coast  Guard  Agency  data,  the  trends 
between the first half of 2017 and the first half of 2018 indicate a considerable increase in the 
number of refusals of entry and no increase in illegal stay. In the first half of 2018 the number 
of  asylum  applications  decreased  by  9%,  with  4,710  applications  submitted  by  Ukrainians, 
compared to the same period of 2017, when there were 5,280 applications. The total number 
of asylum applications  in  all of 2017 was 10,075, a 19% decrease  compared to  2016, when 
there were 12,460 asylum applications. The asylum recognition rate was 20.41% in 2016 and 
16.24%  in  2017.  Cooperation  on  readmission  and  return  is  functioning  well  and  should  be 
continued.  The  return  rate  remains  stable  (around  79%  in  2017)  with  25,330  Ukrainian 
nationals effectively returned in 2017. 

Integrated  border  management  remains  a  challenge  and  inter-agency  cooperation  is  still 
insufficient. A mid-term evaluation of the current strategy for integrated border management 
was completed and the drafting of a new strategy 2020-2025 and action plan is envisaged by 
spring  2019.  Ukraine  implemented  a  state-wide  information  campaign  to  explain  the  rights 
and obligations of the visa-free regime. 

Public order and security 

Regarding organised crime, Ukraine remains a transit country for various illicit commodities 
trafficked  to  the  EU.  Ukrainian  organised  crime  groups  continue  to  be  involved  in  excise 
fraud,  particularly  the  production  and  smuggling  of  illicit  tobacco  products  to  the  EU. 
Attention needs to be paid to active smuggling groups operated by Ukrainian nationals from 
Turkey and Greece via the Western Balkan route. Cybercriminals with Ukrainian nationality, 
notably  Russian-speaking  ones,  are  increasingly  involved  in  highly  sophisticated  operations 
within the digital underground. 

Ukraine has taken some actions identified in the First Report under the Visa Suspension 
Mechanism.  A  High  Anti-Corruption  Court  has  been  established,  but  is  not  yet  fully 
operational. The selection process for anti-corruption judges was launched and is envisaged to 
be finalised in  early 2019. A group of international  experts (Public Council of  International 
Experts)  has  been  selected  for  the  selection  of  anti-corruption  judges,  but  does  not  have 
sufficient  access  to  information.  The  automatic  verification  system  for  electronic  asset 
declarations by public officials has been set up and the verification software is now operating 
with  the  system  being  connected  to  the  majority  of  state  registers.  Despite  this  progress, 
further  measures  are  required  to  establish  a  fully  functioning  verification  system  and  to 
effectively  process  the  backlog  in  asset  declarations.  Efforts  to  fight  organised  crime  were 
stepped up with the recent establishment of a new organised crime fighting department within 
the National Police of Ukraine.  

There  are  still  actions  identified  in  the  First  Report  under  the  Visa  Suspension  Mechanism 
which  remain  outstanding.  Ukraine  has  so  far  failed  to  revoke  the  legislative  amendments 
from  March  2017  extending  the  scope  of  asset  declaration  obligation  to  anti-corruption 

12 

 
 
 
 
 
 
 
 
 
activists. The continued attacks over the past  years against civil society exposing corruption 
are  raising  concerns.  Investigations  into  these  attacks  are  progressing  slowly.  The  anti-
corruption  institutions  National  Anti-Corruption  Bureau  and  Specialised  Anti-Corruption 
Prosecution  continue  to  be  operational  but  concerns  relating  to  their  effectiveness  and 
independence have not been adressed. The pending audit of National Anti-Corruption Bureau 
raises  concerns  due  to  the  politically  driven  appointment  of  auditors,  which  threatens  to 
undermine the Bureau’s leadership. It has still not been granted independent access to wire-
tapping.  Its  ability  to  conduct  effective  investigations  into  complex  corruption  cases  is 
hampered by the failure of the National Agency for Corruption Prevention to grant direct and 
automated access to its database of asset declarations, as well as by the shortened time-limits 
for criminal investigations (introduced in 2017 and reinforced in September 2018).  

Overall,  the  visa  liberalisation  benchmarks  continue  to  be  fulfilled.  In  the  First  Report 
under  the  Visa  Suspension  Mechanism,  the  Commission  noted  that  in  view  of  recent 
developments immediate actions needed to be taken in order to ensure full implementation 
and sustainability of past reforms in particular as regards the anti-corruption benchmark. 
However  some  recommendations  of  the  First  Report  under  the  Visa  Suspension 
Mechanism  have  not  been  implemented  and  therefore  immediate  actions  are  needed  to 
ensure the continuous fulfilment of the anti-corruption benchmark. Immediate actions are 
also needed to address the irregular migration challenges. The following areas need to be 
addressed:  

  Strengthen  the  operational  cooperation  with  concerned  countries  to  swiftly  decrease 

the irregular migration by Ukrainian nationals to the Schengen+ area;  

  Continue to organise information campaigns on the rights and obligations of visa-free 

travel; 

  Urgently  repeal  the  amendments  extending  the  scope  of  asset  declarations  to  civil 

society and ensure that civil society can play its role without undue interference; 

  Ensure  the  independence,  effectiveness  and  sustainability  of  the  anti-corruption 
institutional  framework,  including  by  ensuring  that  the  High  Anti-Corruption  Court 
swiftly becomes fully operational and that the Public Council of International Experts 
can adequately play its role in the selection process; 

  Re-establish  the  independence  and  credibility  of  the  Specialised  Anti-Corruption 

Prosecution; 

  Establish a fully functioning system for the verification of asset declarations, notably 
by  ensuring  automated  access  to  all  remaining  registers  and  databases,  in  order  to 
produce a convincing track-record of effectively verified declarations;  

  Reinforce the capacities of the National Police and improve the cooperation between 
law enforcement agencies to further tackle organised crime, in particular cybercrime. 

III.  Conclusions  

In accordance with Article 8(4) of Regulation (EU) 2018/1806 requiring the Commission to 
monitor  and  report  on  the  continuous  fulfilment  of  visa  liberalisation  requirements  by  third 
countries, as  in  the First  Report, the Commission considers that on the basis of the analysis 
presented  in  this  Report  and  the  annexed  Staff  Working  Document,  the  visa  liberalisation 
requirements  for  the  concerned  countries  continue  to  be  fulfilled.  This  Report  identifies 
further actions – in some cases immediate actions – that need to be taken by specific countries 

13 

 
 
 
 
in specific areas in order to ensure continuous fulfillment of the benchmarks. In case any of 
the  requirements  is  no  longer  fulfilled,  the  Regulation  sets  out  the  procedures  for  the 
temporary  suspension  of  the  exemption  from  the  visa  requirement  for  nationals  of  the  third 
country concerned. In addition, continued implementation of all other benchmarks needs to be 
ensured.  

The Western Balkan and Eastern Partnership countries continued to take measures to address 
irregular  migration  challenges.  Further  efforts  are  needed  to  ensure  the  improvement  and 
the  sustainability  of  results.  Increasing  numbers  of  unfounded  asylum  applications,  in  the 
case  of  Moldova  and  Georgia  are  a  source  of  concern.  Increased  irregular  migration  from 
Ukraine,  Serbia  and  Bosnia  and  Herzegovina  has  been  observed.  Albania  took  effective 
measures  but  continued  efforts  are  nevertheless  needed  to  ensure  the  improvement  and  the 
sustainability  of  results.  Cooperation  on  readmission  and  return  continues  smoothly  for  all 
Western Balkan and Eastern Partnership countries with overall high return rates and should be 
continued.  There  remains,  however,  room  for  improvement,  in  particular  as  regards  the 
readmission of third-country nationals in the case of Serbia.  

The  swift  conclusion  of  the  European  Border and  Coast  Guard  status  agreements  will 
also contribute to a stronger support for the management of irregular migration, although the 
primary responsibility for managing the borders remains a competence of the Western Balkan 
partners. Albania was the first to sign such status agreement; the agreements with Serbia and 
the former Yugoslav Republic of Macedonia have been initialled. Procedures still need to be 
finalised  so  the  agreements  with  Montenegro  and  Bosnia  and  Herzegovina  can  be  swiftly 
initialled. 

In  order  to  ensure  a  well-managed  migration  and  security  environment  as  the  underlying 
condition for the continuous fulfilment of the benchmarks, the Commission urges  to ensure 
alignment with the EU visa policy. This is particularly relevant for Serbia.  

The Western Balkan and Eastern Partnership countries continued to take measures to prevent 
and fight against organised  crime. However, efforts  need to  be even further strengthened. 
Organised  crime  groups  from  these  countries  continue  to  be  active  in  trafficking  of  illicit 
firearms  and  various  illicit  commodities  (in  particular  drugs  and  tobacco),  property  crime, 
money laundering, trafficking in human beings, smuggling of migrants and cybercrime.  

The  First  Report  identified  the  need  for  Moldova  to  take  immediate  actions  to  ensure  the 
continuous  implementation  of  the  fight  against  corruption  and  money  laundering 
benchmarks, as well as the sustainability of the reforms. While some actions have been taken 
against money laundering, Moldova needs to take immediate actions to ensure the fulfilment 
of  the  fight  against  corruption  benchmark  as  a  matter  of  urgency.  The  First  Report  also 
identified  immediate  action  that  needed  to  be  taken  by  Ukraine  to  safeguard  anti-
corruption  measures  introduced  with  previous  reforms  and  to  allow  further  progress  to  be 
made.  While  some  actions  have  been  taken,  more  efforts  are  needed  to  ensure  full 
address  outstanding 
implementation 
recommendations.   

sustainability  of  past 

reforms, 

and 

and 

Implementation of the visa liberalisation benchmarks is a continuous ongoing process. Further 
monitoring will continue, including through senior officials meetings as well as through the 
regular Justice, Liberty and Security Subcommittee Meetings and Dialogues between the EU 
and visa-free countries – and for the Western Balkans countries, where relevant, EU accession 
negotiations.  

14