COMMISSION STAFF WORKING DOCUMENT Accompanying the document 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  SWD(2018) 496 final  COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL  SECOND REPORT UNDER THE VISA SUSPENSION MECHANISM {COM(2018) 856 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............................................ 9 

II.1.3 BOSNIA AND HERZEGOVINA ....................................................................................... 13 

II.1.4 MONTENEGRO ................................................................................................................. 19 

II.1.5 SERBIA ............................................................................................................................... 24 

II.2 EASTERN PARTNERSHIP ...................................................................................................... 29 

II.2.1 REPUBLIC OF MOLDOVA ............................................................................................... 29 

II.2.2 GEORGIA ........................................................................................................................... 36 

II.2.3 UKRAINE ........................................................................................................................... 43 

III. ANNEX – STATISTICS ................................................................................................................. 52 

III.1 IRREGULAR MIGRATION .................................................................................................... 52 

III.2 ASYLUM .................................................................................................................................. 53 

III.3 RETURN AND READMISSION ............................................................................................. 55 

III.4 SECURITY ............................................................................................................................... 56 

1 

 
 
 
 
I. INTRODUCTION 

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

The statistical part covers those 26 EU Member States, applying Regulation (EU) 2018/1806 
as well as the four Schengen Associated Countries (hereinafter referred to as "the Schengen+ 
area")1.  The  assessment  of  specific  areas  is  based  primarily  on:  information  provided  to 
Eurostat2  by  countries  in  the  Schengen+  area,  information  provided  by  EU  Agencies 
(Europol,  eu-LISA,  the  European  Asylum  Support  Office  (EASO),  the  European  Border 
Coast Guard Agency (EBCGA) and Eurojust), as well as by exchange of information between 
the  Commission,  European  External  Action  Service  (EEAS)  and  authorities  of  the  visa-free 
countries. 

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

II.1 WESTERN BALKANS 

II.1.1 ALBANIA 

Irregular migration, including readmission 

Detections of illegal border crossing:  As regards irregular migration challenges, according 
to EBCGA data, the number of detections of illegal border crossings of Albanian nationals is 
the highest among the other countries analysed in this report. However, in 2018 so far (first 
half)  2,905  people  were  detected  compared  to  3,984  detections  in  the  same  period  of  2017 
(first half), which is a 27% decrease. 

1  

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.  

2   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. 

2 

 
 
 
 
 
 
 
 
 
                                                           
Detections of illegal border crossing by 
nationals of Albania 

2018 (1st half) 

2017 

2016 

2015 

2,905 

7,401 

5,475 

9,459 

Source: FRAN and JORA data (as of 5/09/18)  

Refusal  of  entry  at  the  external  borders:  Between  2016  and  2017  the  refusal  of  entry 
slightly increased by 13% (from 30,305 in 2016 to 34,310 refusals in 2017) compared to the 
high  increase  recorded  between  2015  and  2016  (around  90%).  Similarly  to  2016,  the  most-
affected EU Member State remained Greece, followed by Italy. 

2016 

2012 

2011 

2010 

2015 

2014 

2013 

2017 

2009 

1,715 
670 
435 
N/A 
35 
105 

Refusals of entry 
for nationals 
of Albania 
Schengen+ area 
Greece 
Italy 
Croatia 
Hungary 
France 
Eurostat, last update 24/08/18 
Illegal stay: In 2017 the number of Albanian nationals found to be illegally present increased 
(by  11%)  up  to  37,325,  compared  to  33,445  illegal  stays  in  2016,  when  the  number  had 
registered a decrease by around 30% compared to 2015. Greece and Germany remained the 
most affected countries also in 2017.  

15,835  30,305 
15,930 
4,440 
5,280 
3,760 
1,955 
1,730 
1,855 
1,795 
1,510 
335 

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

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

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

13,240 
3,800 
3,375 
1,560 
1,400 
105 

34,310 
17,045 
6,495 
2,380 
1,955 
1,875 

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

2009 

Illegal stay by 
nationals of 
Albania 
Schengen+ area 
Greece 
Germany 
France 
Italy 
Slovenia 
Eurostat, last update 22/08/18 

68,700 
63,140 
615 
635 
2,875 
45 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

52,280 
47,120 
460 
560 
2,820 
95 

16,660 
11,225 
545 
1,495 
1,715 
130 

17,795 
10,525 
855 
1,750 
2,230 
85 

25,815 
15,555 
1,345 
3,170 
2,265 
105 

29,895 
15,090 
1,920 
5,255 
2,390 
165 

47,755 
16,910 
17,995 
5,540 
2,555 
165 

33,445 
11,335 
10,520 
4,635 
2,270 
640 

37,325 
13,280 
10,640 
5,095 
2,330 
1,040 

Asylum applications: The number of asylum applications has continued to decrease in 2017, 
with  24,070  applications  submitted  in  2017  compared  to  30,840  in  2016,  amounting  to  a 
decrease of around 22% (between 2015 and 2016 the number had already decreased by 54%). 
To be noted that in the period 2014-2016 Germany was the most-affected EU Member State 
followed  by  France;  while  in  2017  this  trend  reversed  with  France  being  the  EU  Member 
State  with  the  highest  number  of  asylum  applications  lodged  by  Albanians,  followed  by 

3 

 
 
 
 
 
Germany.  The  asylum  recognition  rate  increased  to  5.19%  in  2017  (compared  to  2.12%  in 
2016). 

2009 

Yearly total 
number of 
asylum 
applications by 
nationals of 
Albania 
Schengen+ area 
France 
Germany 
Greece 
Belgium 
Sweden 
Eurostat, last update 24/10/18. 

1,810 
560 
55 
515 
280 
115 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

1,720 
515 
45 
695 
245 
65 

2,685 
505 
85 
275 
1,290 
275 

6,670 
2,705 
250 
385 
1,075 
1,495 

9,685 
5,065 
1,295 
580 
775 
1,160 

15,185 
3,000 
8,110 
570 
730 
1,705 

66,715 
3,650 
54,760 
1,005 
825 
2,610 

30,840 
7,445 
17,230 
1,425 
815 
780 

24,070 
12,130 
6,090 
2,450 
880 
755 

As  regards  monthly  asylum  applications,  in  the  first  half  of  2018  the  number  of  asylum 
applications decreased by around 32% (8,525) compared to the same period in 2017 (12,635). 
In  2017-2018,  France  has  been  the  Member  State  receiving  the  majority  of  asylum 
applications,  followed  by  Greece  which,  in  the  first  half  of  2018,  overtook  Germany  as  the 
second most affected Member State. 

Monthly 
asylum 
applications 
by nationals 
of Albania 
Schengen+ 
area 

France 

Greece 

Germany 

Italy 

Sweden 

2017
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018
M02 

2018
M03 

2018
M04 

2018
M05 

2018
M06 

2017 
1st  
half 

2018 
1st 
half 

2,015 

1,660 

2,370 

2,240 

2,180 

2,170 

1,500 

1,350 

1,580 

1,405 

1,350 

1,340 

12,635 

8,525 

1,040 

105 

635 

35 

35 

880 

100 

420 

30 

30 

1,205 

1,170 

1,160 

1,055 

125 

720 

50 

60 

190 

645 

40 

50 

250 

490 

60 

55 

245 

540 

50 

90 

720 

235 

320 

45 

50 

710 

230 

215 

60 

40 

720 

285 

265 

105 

50 

630 

305 

235 

70 

50 

565 

305 

185 

105 

55 

630 

250 

200 

85 

50 

6,510 

1,015 

3,450 

265 

320 

3,975 

1,610 

1,420 

470 

295 

Eurostat, last update 20/11/18 

Readmission  and  return3:  Member  States  praise  the  good  implementation  of  the  EU–
Albania Readmission agreement. and its implementing protocols. Readmission is functioning 
well, with the country swiftly honouring readmission requests from EU Member States both 
on own and third country nationals. The number of asylum applications has been decreasing 
over  the  years,  which  is  a  positive  sign,  especially  after  the  peak  of  first  time  asylum 
applications  by  Albanian  nationals  in  the  EU  in  2015  and  considering  the  low  asylum 

3   The  Schengen+  area  figures  for  readmission  and  return  do  not  include  the  figures  for  Switzerland  and 
Iceland, as no full data is available for both countries on the number of persons ordered to leave and the 
number of persons effectively returned to a third country. 

4 

 
 
 
 
                                                           
recognition rate. The number of return decisions has dropped from 38,960 in 2015 to 27,515 
in 2017. Meanwhile, the return rate stayed above 100%4 in 2017, which shows that Albanian 
nationals ordered to leave are effectively returned by Member States (Greece accounting for 
more than 9,000 return decisions in 2017, followed by France, Germany, Italy, Belgium, The 
Netherlands, and Sweden).  

2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Return 
rate 

38,960 

33,985 

87% 

31,895 

41,365 

130% 

27,515 

29,850 

108% 

144% 
80% 
160% 
67% 
115% 

10,900 
7,730 
85 
535 
1585 

22,890 
9,690 
110 
495 
1765 

210% 
125% 
129% 
93% 
111% 

4,330 
9,135 
80 
355 
1120 

10,395 
11,165 
90 
340 
1025 

240% 
122% 
113% 
96% 
92% 

Schengen+ 
area 
Germany 
Greece 
Denmark 
Norway 
Netherlands 

10,960 
12,000 
75 
920 
475 
Eurostat, last update 21/08/18 

15,730 
9,630 
120 
620 
545 

Implementing  protocols  exist  with  Austria,  the  Benelux,  Bulgaria,  Czech  Republic,  France, 
Italy, Hungary, Malta, Portugal and Slovakia. An Implementing Protocol with Spain has been 
signed in July 2018 and has been ratified by the Albanian Parliamant. As soon as it has gone 
through  the  Spanish  ratification  procedure,  it  will  be  notified  to  the  Joint  readmission 
Committee for its entry into force. The negotiation of an Implementing Protocol with Greece 
has been undertaken long time ago at Albania’s request. Albania and Greece are about to sign 
an  agreement  in  order  to  open  a  Common  Centre  for  Police  and  Customs  at  the  biggest 
southern border crossing point. 

Bilateral readmission agreements are in place between Albania and Bosnia and Herzegovina, 
Croatia, Denmark, the former Yugoslav Republic of Macedonia, Iceland, Norway, Moldova, 
Montenegro and Serbia. Negotiations started with Russia in 2015 and are ongoing. Following 
the  recommendations  of  last  year's  First  Report  under  the  Visa  Suspension  Mechanism, 
negotiations have been proposed to Morocco, Afghanistan, Iraq and Iran.  

Albania is the first country in the region to have signed an EBCG Status Agreement with the 
EU on 5 October 2018. The Status Agreement adds a new layer of protection to controlling 
mixed migration flows along the Western Balkan migration route. Albania has also a working 
arrangement with the EBCGA to strengthen the operational cooperation.  

Albania has  continued to  strengthen its operational  cooperation with  the EU Member States 
most  affected  by  irregular  migration  from  Albania,  including  information  exchange  with 
Member  States  on  Schengen  entry  bans.  The  Albanian  authorities  have  been  working  very 

4  

For the calculation of the return rate, 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 
catching up on a backlog from previous years). 

5 

 
 
 
 
 
 
                                                           
closely  with  most  the  affected  EU  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. Four Albanian police liaison 
officers are posted in France to support the French law enforcement authorities in cases where 
Albanian nationals are involved. Albania has also introduced tighter checks at border crossing 
points.  

The  Albanian  authorities  undertook  countermeasures  and  increased  the  border  controls, 
considering that the migratory flows along the so-called coastal route (including via Albania) 
increased  in  2018.  In  the  first  half  of  2018,  there  were  2,950  irregular  migrants  arriving  to 
Albania  (especially  from  Greece),  almost  three  times  more  than  the  overall  figure  for  the 
whole  of  2017.  The  flow  remains  of  a  transit  nature,  with  the  vast  majority  of  irregular 
migrants and asylum seekers leaving the country after a few days. Even though the capacity 
of Albania to host irregular migrants is satisfactory so far, it needs close monitoring.  

The  increase  in  reception  capacity  in  Albania  throughout  2017  (via  enlargement  of 
Babbru/National  Centre  for  asylum  seekers  and  IOM's  new  centre  in  Girokastre)  has 
improved the capacity to cope with rising numbers. The asylum centre in Babbru, hosting 200 
asylum  seekers,  is  currently  full,  but  there  are  other  centres  that  have  capacity  to  host 
additional  migrants  (in  Kakavjia  and  Girokastre).  The  current  reception  capacity  in  the 
country,  including  the  National  Centre  for  Asylum  Seekers  as  well  as  temporary 
accommodation facilities in Gjirokastre and Shkodra, stands at 380.  

The  country  still  suffers  from  a  deficit  of  sufficient  structures  and  capacities  for  border 
control, security and screening, identification and processing of refugees. The capacity of the 
National  Centre  for  Asylum  Seekers  has  been  enhanced  with  a  doctor  and  a  nurse,  social 
workers  and  translators,  as  well  as  a  night  shift.  The  Regional  Migration  Programme  could 
provide capacity building in this sense (however without logistics or equipment support). The 
IPA  2018  programme  "EU  Support  to  Combat  Organised  Crime  and  Drugs"  will  provide 
support for an effective management of green borders, blue borders and air borders. This will 
help  ensure  effective  management  of  border  posts  through  the  provision  of  equipment  and 
operational  support  for  effective  border  control  and  surveillance  and  for  the  prevention  of 
illegal activities in the blue border and maritime area.  

The preparation of the cross cutting strategy on migration is ongoing. The document will be 
adopted in Autumn 2018. 

Public order and security 

Albanian-speaking  organised  crime  groups  (OCGs)  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.  The 

6 

 
 
 
 
action plan on anti-cannabis, which has been revised following advice of EU TAIEX expert 
missions, has been adopted by the Albanian government in May 2018. 

The  “Roadmap  for  a  sustainable  solution  to  the  illegal  possession,  abuse  and  trafficking  of 
SALW  in  the  Western  Balkans  by  2025"  has  been  adopted  (by  the  Small  Arms  and  Light 
Weapons Commission) on 28-29 May 2018 in Albania.  

Albania  also  retains  one  of  the  largest  weapon  stocks  in  the  region.  Furthermore,  between 
2012 and 2016, 144 Foreign Terrorist have travelled from Albania to Syria to join the armed 
conflict. According to the authorities there have been no new departures since 2015. Albania 
is also working on a draft national strategy on illicit trafficking of arms. 

In  2017,  a  substantial  reduction  of  cannabis  cultivation  and  a  considerable  increase  of 
seizures, in particular of stocks of cannabis, could be observed. Large scale law enforcement 
operations  also  led  to  the  successful  confiscation  of  large  quantities  of  cannabis  stockpiled 
from previous crops. In 2018, only a very small number of cannabis plants has been detected 
(this detection action was carried out through the new aerial survey campaign, co-financed by 
the  EU).  According  to  the  figures  provided  by  the  State  Police,  in  the  first  eight  months  of 
2018 a total of 31,495 cannabis plants have been destroyed, out of which 2,716 seedlings. The 
territory  where  the  plants  have  been  found  are  not  the  same  as  where  cannabis  plants  were 
identified  in  the  past  year.  In  addition  to  airborne  surveillance,  the  police  is  carrying  out 
helicopter and drone monitoring of suspicious areas. The police is also active in investigating 
the  existence  of  greenhouses,  based  on  intelligence  from  the  secret  service  but  also  from 
information  coming  from  the  police.  As  a  result,  a  greenhouse  was  detected  in  Fier. 
Approximatively  36,247  green  houses,  14,646  warehouses,  11,401  former  military  facilities 
(barracks)  and  12,386  abandoned  houses  have  been  checked  nationwide.  Compared  to  the 
same  period  of  last  year,  in  2018  there  were  17%  less  cultivation  cases  detected,  41%  less 
cultivated parcel, and subsequently almost 46% less plants destroyed. 

The  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 slightly increased between the first and second half of 2017 and almost 
doubled between the second half of 2017 and first half of 2018. This will require monitoring.  

2017 
M04 
27 
2017 
M10 
47 
2018 
M04 
47 

2017 
M05 
16 
2017 
M11 
26 
2018 
M05 
52 

2017 
M06 
14 
2017 
M12 
38 
2018 
M06 
81 

Total 1st 
half 2017 
157 
Total 2nd 
half 2017 
174 
Total 1st 
half 2018 
334 

Art. 26 
SIS alerts 
Albania 

Albania 

Albania 

2017 
M01 
43 
2017 
M07 
34 
2018 
M01 
39 

2017 
M02 
20 
2017 
M08 
14 
2018 
M02 
81 

2017 
M03 
37 
2017 
M09 
15 
2018 
M03 
34 

7 

 
 
 
 
 
 
To target organised crime, Albania has continued to tighten its legislation on combating drug 
trafficking,  as  well  as  its  criminal  code  on  controlled  deliveries.  In  the  framework  of 
strengthening  the  fight  against  organised  crime,  Albania  has  adopted  an  action  plan  on 
Combating  Organised  Crime,  the  "Power  of  Law"  operation,  which  aims  at  increasing  the 
results  in  the  fight  against  organised  crime,  along  with  inter-institutional  and  operational 
mechanisms, through intelligence, investigation and striking individuals, groups, and various 
criminal organizations, targeting any illegal asset deriving from criminal activity. 

A multidisciplinary, inter-institutional and operational structure was established, the Special 
Task Force at  central level together with the Special Local Task Force. The mission of the 
Task Force is coordinating joint efforts and ensuring the interaction of all institutions involved 
with  legal  responsibility  for  the  prevention  and  combating  of  crime  in  general,  as  well  as 
organised crime in particular, as the key guarantee to the success of this initiative. This Task 
Force  is  run  by  the  Minister  of  Interior  as  the  authority  responsible  for  steering  and 
coordinating the Multi-Front Action Plan against Organised Crime.  

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  border 
crossing  points,  including  Rinas  airport.  Seizures  of  illicit  drugs,  cannabis  in  particular, 
increased substantially between 2015 and 2017. 

As  regards  the  track  record  in  the  fight  against  criminal  organisations  and  OCGs,  the 
number of new cases has increased in the past years (23 in 2015, 47 in 2016, 34 in 2017, and 
32 in the first half of 2018). However, final convictions in organised criminal cases remained 
very  low  and  have  only  marginally  increased.  As  regards  statistics  on  serious  crimes  not 
linked to criminal organisations and organised criminal groups, the trend of people convicted 
is increasing, against the background of a higher number of reported cases. In 2017 there were 
new 2,516 cases related to drug trafficking, with 570 convictions at appeal level. As regards 
money laundering and trafficking of human beings, there were respectively 403 and 119 new 
cases, with  24 and 46 people convicted at  appeal  level.  In the first  half of 2018, there were 
937  new  cases  of  drug  trafficking  (with  1,005  people  involved),  156  of  money  laundering 
(with 191 suspects) and 37 of trafficking of human beings. Final convictions at appeal level 
were respectively 381, 17 and 10. 

Statistics  also  indicate  an  increasing  trend  in  criminal  cases  related  to  the  production  and 
cultivation of narcotics: almost 54% in 2015, 66.5% in 2016, 72.3% in 2017, and 67% in the 
first  half  of  2018.  They  are  followed  by  money  laundering,  trafficking  in  vehicles,  money 
counterfeiting and forgery, and trafficking in human beings. 

Albania has signed a Cooperation Agreement with Eurojust in October 2018. However, it has 
not yet entered into force. After the ratification by Albania, Eurojust will proceed with a data 
protection check and afterwards the agreement will enter into force. 

8 

 
 
 
II.1.2 THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 

Irregular migration, including readmission 

Detections of illegal border crossing: As regards irregular migration challenges,  according 
to  EBCGA  data,  the  number  of  detections  of  illegal  border  crossings  of  people  from  the 
former Yugoslav Republic of Macedonia considerably decreased between 2015 and the first 
half of 2018, with the figures having been very low in absolute terms. Indeed, in 2015 a total 
of 51 detections  were recorded, while in  the first  half of 2018 there was  only one detection 
(compared to 27 detections in 2017 and 19 in 2016).  

Detections of illegal border crossings 

2018 (1st half) 

2017 

2016 

2015 

1 

27 

19 

51 

Source: FRAN and JORA data (as of 5/09/18)  

Refusal  of  entry  at  the  external  borders:  Between  2016  and  2017,  the  refusal  of  entry 
increased by 28%, with 3,200 refusals in 2017 compared to 2,495 in 2016. Countries close to 
the former Yugoslav Republic of Macedonia, such as Hungary, Greece, Slovenia, Croatia and 
Bulgaria, have been mostly affected. 

Refusals of entry for 
nationals of the former 
Yugoslav Republic of 
Macedonia 
Schengen+ area 
Hungary 
Greece 
Slovenia 
Croatia 
Bulgaria 
Eurostat, last update 24/08/18 

2009 

2,300 
215 
450 
1,035 
N/A 
405 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

4,165 
515 
1,415 
1,090 
N/A 
445 

3,320 
555 
950 
835 
N/A 
440 

2,325 
495 
565 
475 
N/A 
340 

2,465 
770 
480 
520 
165 
170 

2,560 
915 
510 
450 
275 
40 

2,555 
755 
395 
450 
285 
155 

2,495 
785 
380 
355 
200 
155 

3,200 
880 
600 
430 
355 
180 

Illegal stay: In 2017 the number of nationals of the former Yugoslav Republic of Macedonia 
found to be illegally present considerably increased by around 43%, with 6,555 illegal stays in 
2017  compared  to  4,595  in  2016,  when  the  number  registered  a  decrease  of  around  13% 
compared  to  2015.  Germany  has  detected  the  bulk  of  irregular  stays,  followed  by  Hungary, 
Slovenia and Switzerland.  

Illegal stay by 
nationals of 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

9 

 
 
 
 
 
 
 
 
 
 
former Yugoslav 
Republic of 
Macedonia 
Schengen+ area 
Germany 
Hungary 
Slovenia 
Switzerland 
Austria 
Eurostat, last update 22/08/18 

2,320 
560 
200 
85 
295 
345 

3,625 
1,125 
160 
420 
430 
195 

3,815 
1,255 
275 
685 
530 
175 

3,920 
1,805 
535 
45 
430 
200 

3,835 
1,970 
395 
35 
285 
215 

4,505 
2,205 
505 
40 
330 
180 

5,265 
3,530 
370 
40 
420 
95 

4,595 
2,560 
365 
365 
480 
140 

6,555 
3,205 
1,430 
660 
370 
200 

Asylum  applications:  The  number  of  asylum  applications  continued  to  decrease  in  2017, 
with 6,890 applications submitted in 2017 compared to 9,100 in 2016, a decrease of around 
24% (between 2015 and 2016 the number fell by 43%). Germany continued to be the Member 
State receiving the highest number of asylum applications, followed by France, wich received 
1,115 asylum applications. The asylum recognition  rate slightly increased to  1.45% in  2017 
(compared to 0.81% in 2016). 

2009 

Yearly total number 
of asylum 
applications by 
nationals of the 
former Yugoslav 
Republic of 
Macedonia 
Schengen+ area 
Germany 
France 
Belgium 
Sweden 
Netherlands 
Eurostat, last update 24/10/18 

1,010 
160 
75 
305 
90 
15 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

8,090 
3,545 
595 
1,740 
900 
390 

6,565 
1,755 
745 
1,320 
875 
265 

10,780 
6,890 
855 
835 
615 
60 

11,175 
9,415 
345 
425 
455 
100 

10,435 
8,905 
235 
405 
425 
120 

16,110 
14,130 
340 
335 
465 
110 

9,100 
7,010 
430 
165 
185 
435 

6,890 
4,760 
1,115 
250 
195 
120 

As  regards  monthly  asylum  applications,  in  the  first  half  of  2018  the  number  of  asylum 
applications  decreased  by  around  39%  (2,360  asylum  applications)  compared  to  the  same 
period in 2017 (3,860). In this period, Germany is the Member State receiving the majority of 
asylum applications, followed by France. 

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

France 

2017 
M01 

2017 
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018
M02 

2018
M03 

2018
M04 

2018
M05 

2018
M06 

2017 
1st half 

2018 
1st half 

590 
470 
55 

575 
415 
45 

945 
730 
105 

705 
485 
100 

475 
305 
65 

570 
415 
95 

505 
315 
140 

385 
205 
140 

450 
255 
140 

405 
190 
175 

330 
140 
100 

285 
145 
100 

3,860 
2,820 
465 

2,360 
1,250 
795 

10 

 
 
 
 
Belgium 

Sweden 

Italy 

35 
15 
0 
Eurostat, last update 20/11/18 

10 
10 
20 

25 
30 
5 

25 
15 
0 

30 
15 
10 

15 
10 
0 

20 
10 
0 

10 
5 
0 

20 
15 
5 

15 
10 
5 

25 
10 
5 

10 
10 
5 

140 
95 
35 

100 
60 
20 

Readmission  and  return:  Readmission  is  functioning  well,  with  the  country  swiftly 
honouring  readmission  requests  from  the  countries  in  the  Schengen+  area  and  with  an 
excellent  return  rate of  130% in  2017  (5,580 persons were  effectively returned in  2017  and 
4,290  ordered  to  leave  in  2017).  To  be  mentioned  that  Germany,  Austria,  Malta,  Poland, 
Romania and Finland have a return rate in 2017 equal to or surpassing 100%.  The majority 
was  being  returned  from  Germany,  which  accounts  for  more  than  50%  of  the  returnees, 
followed by Belgium, France, Sweden and Austria.  

Despite the overall  good functioning, deadlines foreseen in  the Readmission Agreement are 
sometimes not met, but in those cases the country invited EU Member States to consider that 
when  no  reply  was  given  within  the  time  limits,  the  transfer  shall  be  deemed  to  have  been 
agreed to. 

Implementing  Protocols  have  entered  into  force  between  the  former  Yugoslav  Republic  of 
Macedonia  and  Bulgaria,  Estonia,  Germany,  Austria,  Slovakia,  Italy  and  the  Benelux.  The 
Implementing  Protocol  signed  with  Italy  in  2015  should  be  notified  soon  to  the  Joint 
Readmission  Committee.  Negotiations  are  ongoing  with  Lithuania,  Latvia,  the  Czech 
Republic, Hungary and France. Negotiations with Greece are ongoing. 

The implementation of preventive activities in order to avoid abuse of the visa liberalisation is 
incorporated into an annual action plan implemented by all regional centers for border affairs. 

2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Schengen+ 
area 

5,475 

5,805 

106% 

6,085 

Germany  
Austria5 
Malta 
Poland 
Romania 
Finland 

2,880 
420 
30 
0 
5 
25 
Eurostat, last update 21/08/18 

4,825 
N/A 
30 
0 
5 
10 

168% 
N/A 
100% 
0 
100% 
40% 

3,715 
525 
30 
5 
5 
30 

7,720 

6,530 
245 
30 
5 
5 
20 

127% 

176% 
47% 
100% 
100% 
100% 
67% 

4,290 

2,290 
205 
35 
5 
5 
25 

5,580 

4,500 
255 
35 
5 
5 
25 

Return 
rate 

130% 

197% 
124% 
100% 
100% 
100% 
100% 

5   The top 5 countries of the table are ordered according to the return rate of 2017, therefore Austria is included 

even if data are not available for 2015 (the same occurs for other countries in this document). 

11 

 
 
 
 
 
 
 
 
 
                                                           
The former Yugoslav Republic of Macedonia has a bilateral Readmission Agreement in place 
with Norway, Moldova, Switzerland, Albania, Bosnia and Herzegovina, Serbia, Montenegro 
and Kosovo. Negotiations are ongoing with Iceland, Egypt, Russia, Turkey and Iran.  

The  former  Yugoslav  Republic  of  Macedonia  is  finalising  the  negotiation  of  a  visa 
liberalisation agreement with China, in which provisions on readmission are also considered. 

The  former  Yugoslav  Republic  of  Macedonia  has  sucessfully  finalised  negotiations  on  an 
EBCG  Status  Agreement  with  the  European  Commission  enabling  the  deployment  on  its 
territory of team members of the European Border and Coast Guard Agency. It has concluded 
agreements with Austria, Hungary and Serbia on the management of mixed migration flows, 
as  well  as  a  working  arrangement  with  the  EBCGA  for  strengthening  the  operational 
cooperation. 

The Law on international and temporary protection aligned with the EU  acquis entered into 
force  on  19 April  2018.  In  2017,  a  Memorandum  of  Understanding  for  the  development  of 
tools for upgrading the integrated database on foreigners, including the exchange of asylum 
data  between  the  Office  of  the  United  Nations  High  Commissioner  for  Refugees  in  Skopje 
and  the  Ministry  of  Interior,  was  signed.  A  manual  for  using  the  integrated  database  on 
foreigners  will  be  prepared  by  the  end  of  2018,  in  order  to  provide  its  full  functioning.  In 
2017,  the  relevant  government  institutions  in  cooperation  with  EASO  adopted  a  "Roadmap 
for establishing asylum system in line with EU standards". The cooperation with EASO was 
intensified, especially through participation of the former Yugoslav Republic of Macedonia in 
several workshops related to asylum. 

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.  Returning  foreign  terrorist  fighters 
also pose a risk to this country.  

The  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 slightly decreased between the first and second half of 2017 (from 18 to 
15)  but  greatly  increased  in  the  first  half  of  2018  (from  15  to  51).  This  will  require 
monitoring.  

Art. 26 SIS alerts 

Former Yugoslav Republic  
of Macedonia 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

Total 1st 
half 2017 

5 

1 

6 

3 

1 

2 

18 

Former Yugoslav Republic  

2017 
M07 
0 

2017 
M08 
4 

2017 
M09 
1 

12 

2017 
M10 
3 

2017 
M11 
2 

2017 
M12 
5 

Total 2nd 
half 2017 
15 

 
 
 
 
 
 
of Macedonia 

Former Yugoslav Republic  
of Macedonia 

2018 
M01 

2018 
M02 

2018 
M03 

2018 
M04 

2018 
M05 

2018 
M06 

Total 1st 
half 2018 

4 

2 

18 

8 

7 

12 

51 

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 minor. It also adopted a new strategy on 
combating the trafficking of small weaponsas well as a new counter-terrorism strategy .The 
country aims 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  and  the  dismantling  of  one  illegal  laboratory.  The  efforts 
continue  and  between  january  and  august  2018,  five  criminal  groups  involved  in  marijuana 
trafficking were stopped. 

A  national  coordinator  has  been  appointed  to  oversee  efforts  to  combat  terrorism.  Law 
enforcement cooperation with Western Balkan partners, Italy and Slovenia has improved, as 
has  the  operational  cooperation  with  Europol.  The  country  has  also  signed  bilateral 
agreements  and  memoranda  of  understanding  with  Austria,  Italy,  Poland,  Slovakia  and 
Slovenia to enhance law enforcement cooperation and the fight against serious crime. There is 
a continuous increase in the number of initiated cases and exchanged messages between the 
country,  Europol,  Europol  member  countries  and  third  partners.  The  country  has  a  working 
arrangement in place with CEPOL, the European Agency for Law Enforcement Training. 

A cooperation agreement between Eurojust and the former Yugoslav Republic of Macedonia 
is in place since June 2010. The country has appointed a Liaison Prosecutor, who started at 
Eurojust in November 2018. The national contact points are in place. 

II.1.3 BOSNIA AND HERZEGOVINA 

Irregular migration, including readmission 

Detections of illegal border crossing: As regards irregular migration challenges, according 
to  EBCGA  data,  the  number  of  detections  for  illegal  border  crossings  has  been  following  a 
decreasing trend since 2015. Indeed in 2015 there were 150 illegal border crossings, and this 
figure has been declining to only 16 people detected in the first half of 2018 (85 detections in 
2017, 89 in 2016). 

13 

 
 
 
 
 
 
 
 
 
Detections of illegal border crossings 

2018 (1st half) 

2017 

2016 

2015 

16 

85 

89 

150 

Source: FRAN and JORA data (as of 5/09/18)  

Refusal of entry at the external borders: The refusal of entry in 2017 stayed almost at the 
same level as in 2016 (5,145 cases in 2017 compared to 5,150 in 2016). Croatia is the most 
affected country, followed by Slovenia. 

2009 

Refusals of entry for 
nationals of Bosnia and 
Herzegovina 
Schengen+ area 
1,280 
N/A 
Croatia 
1,025 
Slovenia 
100 
Hungary 
25 
France 
Sweden 
0 
Eurostat, last update 24/08/18 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

865 
N/A 
630 
140 
5 
0 

1,695 
N/A 
1,230 
210 
10 
10 

1,610 
N/A 
1,215 
225 
5 
5 

6,045 
4,515 
1,145 
240 
10 
10 

4,910 
3,540 
865 
360 
15 
25 

5,185 
3,525 
865 
585 
45 
50 

5,150 
3,525 
720 
570 
135 
80 

5,145 
3,520 
745 
405 
165 
105 

Illegal  stay:  In  2017  the  number  of  nationals  from  Bosnia  and  Herzegovina  found  to  be 
illegally  present  in  the  Schengen+  area  increased  by  about  13%,  with  4,135  illegal  stays 
compared to  3,645 illegal  stays in  2016. Germany and Slovenia remained the most affected 
countries also in 2017.  

2009 

Illegal stay by nationals 
of Bosnia and 
Herzegovina 
Schengen+ area 
Germany 
Slovenia 
Croatia 
Hungary 
Austria 
Eurostat, last update 22/08/18 

2,200 
685 
315 
N/A 
70 
170 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

2,345 
650 
400 
N/A 
60 
180 

2,795 
790 
555 
N/A 
95 
175 

2,920 
1,095 
140 
N/A 
110 
245 

3,220 
1,330 
115 
195 
175 
275 

3,950 
1,640 
175 
400 
250 
255 

3,585 
1,715 
175 
390 
290 
70 

3,645 
1,440 
495 
395 
280 
180 

4,135 
1,450 
900 
340 
330 
260 

Asylum  applications:  The  number  of  asylum  applications  has  continued  to  follow  a 
decreasing trend since 2014. More specifically, 2,790 asylum applications were submitted in 
2017  compared  to  4,495  in  2016,  which  represents  a  38%  decrease.  Germany  received  the 
highest  number of asylum  application in 2017, followed by  France. The  asylum recognition 
rate increased to 5.66% in 2017 (compared to 3.10% in 2016). 

14 

 
 
 
 
 
 
 
 
2009 

Yearly total number of 
asylum applications by 
nationals of Bosnia 
and Herzegovina 
Schengen+ area 
1,600 
Germany 
250 
450 
France 
135 
Sweden 
100 
Italy 
20 
Netherlands 
Eurostat, last update 24/10/18 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

2,295 
355 
500 
120 
815 
10 

2,965 
405 
250 
970 
285 
30 

6,395 
2,370 
785 
1,555 
275 
70 

7,320 
4,845 
925 
520 
180 
85 

10,895 
8,475 
845 
495 
170 
130 

9,100 
7,475 
400 
540 
135 
125 

4,495 
3,105 
480 
155 
130 
295 

2,790 
1,435 
780 
160 
85 
70 

As  regards  monthly  asylum  applications,  in  the  first  half  of  2018  the  number  of  asylum 
applications  decreased  by  around  27%  (1,080  asylum  applications)  compared  to  the  same 
period in 2017 (1,485). In this period, Germany and France are the Member States receiving 
the majority of asylum applications. 

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

France 

Belgium 

Italy 

2017 
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018
M02 

2018
M03 

2018
M04 

2018
M05 

2018
M06 

2017 
1st 
half 

2018 
1st 
half 

310 

175 

60 

5 

5 

270 

160 

50 

0 

20 

365 

240 

75 

5 

15 

170 

180 

190 

100 

65 

0 

0 

5 

95 

45 

0 

10 

10 

235 

130 

75 

0 

5 

85 

65 

5 

0 

10 

15 

190 

195 

180 

110 

80 

85 

5 

5 

5 

70 

75 

5 

10 

25 

70 

80 

5 

10 

5 

40 

45 

0 

10 

10 

170 

105 

45 

5 

5 

5 

1,485 

1,080 

855 

360 

15 

50 

70 

495 

405 

20 

45 

65 

Sweden 

15 
Eurostat, last update 20/11/18 

25 

5 

Readmission  and  return:  As  regards  the  implementation  of  the  Readmission  Agreement 
with  the EU, the level  of cooperation reported by  EU Member States was good. The return 
rate  has  remained  almost  stable  in  2017  with  a  return  rate  of  about  72%,  while  it  was  of 
around 74% in 2015 and in 2016 for the Schengen+ area. Eurostat figures show that in 2017 
also  the  yearly  number  of  return  decisions  issued  to  nationals  of  Bosnia  and  Herzegovina 
decreased from on average around 5,000 in the period 2015-2016 to less than 4,000 in 2017 
(the majority of the return decisions is issued by Germany, with around 1,000 decisions issued 
in  2017  and  around  2,000  issued  yearly  in  the  period  2015-2016).  The  absolute  number  of 
returns also decreased from around 4,000 yearly in the period 2015-2016 to around 2,000 in 
2017.  

As  a  consequence  of  the  irregular  migration  flows  and  emergence  of  new  sub-routes  in  the 
Western Balkans, the readmission of third-country nationals (requested mainly by Croatia) – 
mainly Turkish, Syrian, Iranian and Afghani nationals – increased significantly in 2018.  

15 

 
 
 
 
 
 
2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Return 
rate 

5,560 

4,100 

74% 

5,075 

3,760 

74% 

3,720 

2,680 

72% 

157% 

103% 
15% 
100% 
N/A 
77% 

15 

2,105 
40 
5 
435 
645 

15 

2,235 
10 
5 
155 
485 

100% 

106% 
25% 
100% 
36% 
75% 

15 

1,020 
10 
5 
170 
760 

25 

1,260 
10 
5 
170 
575 

167% 

124% 
100% 
100% 
100% 
77% 

Schengen+ 
area 

Denmark 

35 

55 

Germany  
Spain 
Malta 
Austria 
Croatia 

2,210 
65 
10 
355 
695 
Eurostat, last update 21/08/18 

2,280 
10 
10 
N/A 
535 

14  Implementation  Protocols  were  concluded  with  16  EU  Member  States:  Estonia,  Malta, 
Austria,  Bulgaria,  Hungary,  the  Czech  Republic,  Romania,  the  Benelux,  Germany,  France, 
Slovakia, Greece, Slovenia and Italy. Negotiations with Sweden are ongoing. Spain, Portugal, 
Lithuania  and  Latvia  expressed  their  willingness  to  conclude  an  Implementing  Protocol  as 
well. 

Bosnia  and  Herzegovina  has  successfully  concluded  the  negotiations  on  an  EBCG  Status 
Agreement. The legal framework for border control, largely harmonised with the EU acquis, 
as well as the integrated border management strategy, is implemented smoothly. 

There are concerns over the significant and relatively rapid increase in the number of irregular 
migrants  entering  the  country.  According  to  estimations  by  the  Bosnia  and  Herzegovina 
authorities and UNHCR, more than 22,000 migrants  entered the country  between 1 January 
and 30 November 2018. The vast  majority have claimed asylum with  the main nationalities 
doing so being Pakistan, Syria, Iran, Iraq and Afghanistan. The numbers of irregular migrants 
crossing  into  Bosnia  and  Herzegovina  has  also  increased  the  pressure  in  terms  of  irregular 
migration into the EU via the border with Croatia in order to reach Slovenia and the Schengen 
area. 

Due  to  the  newly  emerged  migration  situation,  the  Council  of  Ministers  of  Bosnia  and 
Herzegovina  adopted  on  15  May  2018  an  Action  Plan  for  Emergency  Measures  in 
management of increased migration flows in order to strengthen border police, to increase the 
capacity  in  the  area  of  asylum  and  in  the  fight  against  smuggling  migrants,  to  implement 
readmission agreements, and to strengthen the readmission capacity as well as the capacity of 
the Service for Foreigners Affairs and the Ministry of Security Immigration Sector in the fight 
against illegal migration. The borders with the eastern neighbours of Bosnia and Herzegovina 
are considered as an urgency area. The implementation of the Action Plan was affected by the 
insufficient coordination among the various levels of governance in Bosnia and Herzegovina. 
The  European  Commission  has  provided  significant  assistance  to  support  the  country  in 
addressing the increased migratory influx. 

16 

 
 
 
 
 
 
 
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  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 increased between the first and second half of 2017 by almost half (from 
55 to 83). The number likewise further increased by half between the second half of 2017 and 
the first half of 2018 (from 83 to 132). This will require monitoring.  

Art. 26 SIS alerts 

Bosnia and Herzegovina 

Bosnia and Herzegovina 

Bosnia and Herzegovina 

2017 
M01 
6 
2017 
M07 
11 
2018 
M01 
16 

2017 
M02 
8 
2017 
M08 
11 
2018 
M02 
25 

2017 
M03 
13 
2017 
M09 
19 
2018 
M03 
22 

2017 
M04 
0 
2017 
M10 
18 
2018 
M04 
25 

2017 
M05 
11 
2017 
M11 
17 
2018 
M05 
10 

2017 
M06 
17 
2017 
M12 
7 
2018 
M06 
34 

Total 1st 
half 2017 
55 
Total 2nd 
half 2017 
83 
Total 1st 
half 2018 
132 

A  strategy  was  adopted  on  fighting  organised  crime  and  as  well  as  an  action  plan  on  anti-
money  laundering  and  on  financing  of  terrorism,  in  order  to  comply  with  the  Financial 
Action  Task  Force  (FATF)  recommendations.  However,  financial  investigations  remained 
underused due to the fact that an overall policy for carrying out financial investigations on a 
systematic  basis  is  still  missing.  The  country  remains  on  the  EU  list  of  high  risk  third 
countries,  pending  review  of  the  country's  anti-money  laundering  regime  under  the  new 
Commission assessment methodology6. 

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.  

6  

SWD(2018) 362. 

17 

 
 
 
 
 
 
 
                                                           
Bosnia and Herzegovina remains a country of origin, transit and destination for trafficking in 
human beings for labour exploitation, sexual exploitation, begging and forced marriages. The 
implementation  of  the  2016-2019  action  plan  on  fighting  trafficking  in  human  beings  is 
ongoing. 

The  number  of  potential  victims  of  trafficking  in  human  beings  detected  in  2017  was  55, 
compared to 47 potential victims detected in 2016. More than a half of the detected potential 
victims  were  minors,  and  almost  three  quarters  of  them  were  women.  The  capacity  of 
prosecutors  and  law  enforcement  officers  in  this  area  need  to  be  further  improved.  The 
identification of victims, their adequate protection and subsequent reintegration are also areas 
where further improvements are needed. 

The legal  framework for the protection of minorities is largely in  place and in  line with  the 
Council  of  Europe  Framework  Convention  for  the  Protection  of  National  Minorities. 
However,  not  much  progress  was  achieved  to  implement  the  existing  laws  due  to  lack  of 
coordination between the state level and the entities. 

The  border  police  works  closely  with  EBCGA  and  Interpol  through  active  engagement  in 
international police operations and other events. A working arrangement with the 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, i.e. 
the  Joint  Police  Cooperation  Centre  in  Trebinje  and  the  Joint  Contact  Centre  at  the 
Bijaca/Nova Sela international border crossing. 

To date, no progress has been made towards the establishment of the National Contact Point 
foreseen in the Operational Agreement already in place between Bosnia and Herzegovina and 
Europol. It is the indispendable mechanism to legally and timely exchange information. The 
authorities have been informed that a persisting failure to appoint the National Contact Point 
is a breach of the agreement and has an impact on the operational cooperation. Furthermore, 
the preparatory work in the context of the pilot project to deploy a Europol Liaison Officer to 
Bosnia  and  Herzegovina  is  being  hampered  by  the  lack  of  a  National  Contact  Point.  The 
absence also makes it impossible for the Bosnia and Herzegovina authorities to post a Liaison 
Officer at Europol headquarters in The Hague.  

Negotiations  for  the  conclusion  of  a  Cooperation  Agreement  with  Eurojust  have  not  started 
yet.  The  National  Contact  Point  for  Eurojust  is  in  place.The  country  has  a  working 
arrangement in place with CEPOL, the European Agency for Law Enforcement Training. 

18 

 
 
 
 
 
 
 
 
 
 
 
 
II.1.4 MONTENEGRO 

Irregular migration, including readmission 

Detections of illegal border crossing: As regards irregular migration challenges,  according 
to EBCGA data, figures on detections of illegal border crossings of Montenegro nationals are 
low in absolute terms, with only one detection in the first half of 2018 (4 detections in both 
2017 and 2016, compared to 15 in 2015). 

Detections of illegal border crossings 

2018 (1st half) 

2017 

2016 

2015 

1 

4 

4 

15 

Source: FRAN and JORA data (as of 5/09/18)  

Refusal of entry at the external borders: Between 2016 and 2017, the refusal of entry for 
nationals  of  Montenegro  increased  by  around  63%  (with  545  refusals  in  2017  compared  to 
335 in 2016). Hungary and Croatia were the most affected countries. 

2009 

Refusals of entry for 
nationals of Montenegro 
Schengen+ area 
135 
30 
Hungary 
N/A 
Croatia 
0 
France 
Slovenia 
45 
Belgium 
5 
Eurostat, last update 24/08/18 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

315 
115 
N/A 
10 
110 
5 

300 
115 
N/A 
0 
85 
15 

250 
95 
N/A 
5 
75 
15 

435 
170 
90 
5 
70 
10 

400 
195 
45 
15 
60 
15 

385 
145 
90 
10 
60 
20 

335 
140 
65 
35 
40 
15 

545 
175 
150 
80 
60 
15 

Illegal  stay:  Although  the  numbers  are  relatively  low,  in  2017  the  number  of  Montenegro 
nationals found to be illegally present (810 illegal stays) increased by around 42% compared 
to  2016  (570),  when  the  number  registered  a  diminution  of  around  26%  compared  to  2015 
(770). Germany was the most affected countries in 2017. 

Illegal stay by 
nationals  
of Montenegro 
Schengen+ area 
Germany 
Hungary 
France 
Slovenia 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

310 
140 
10 
70 
10 

375 
175 
20 
70 
30 

390 
165 
25 
80 
35 

500 
230 
45 
85 
5 

19 

610 
245 
40 
140 
5 

810 
275 
105 
200 
5 

770 
430 
75 
120 
5 

570 
250 
85 
95 
40 

810 
380 
175 
80 
50 

 
 
 
 
 
 
 
 
 
 
Switzerland 
Eurostat, last update 22/08/18 

0 

0 

0 

25 

35 

25 

40 

35 

30 

Asylum  applications:  The  number  of  asylum  applications  continued  to  decrease  in  2017, 
with  970  applications  submitted  in  2017  compared  to  1,845  in  2016,  constituing  a  47% 
decrease (between 2015 and 2016 the number fell by around 55%). The asylum recognition 
rate increased to 2.10% in 2017 (compared to 0.96% in 2016). 

2009 

Yearly total number of 
asylum applications by 
nationals of Montenegro 
Schengen+ area 
Germany 
France 
Sweden 
Luxembourg 
Italy 
Eurostat, last update 24/10/18 

275 
95 
80 
40 
5 
10 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

435 
95 
80 
40 
0 
155 

670 
125 
200 
110 
105 
20 

1,305 
395 
320 
75 
290 
35 

975 
380 
245 
125 
115 
30 

1,870 
1,270 
260 
95 
145 
10 

4,115 
3,635 
160 
125 
75 
10 

1,830 
1,625 
110 
10 
10 
15 

970 
730 
150 
45 
15 
10 

As  regards  monthly  asylum  applications,  in  the  first  half  of  2018  the  number  of  asylum 
applications  decreased  by  around  38%  (330  asylum  applications)  compared  to  the  same 
period in 2017 (530).  

Monthly asylum 
applications by 
nationals of 
Montenegro 
Schengen+ 
area  
Germany  

75 
50 
15 
France 
Eurostat, last update 20/11/18 

120 
105 
10 

2017 
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018
M02 

2018
M03 

2018
M04 

2018
M05 

2018
M06 

2017 
1st 
half 

2018 
1st 
half 

80 
50 
20 

105 
75 
20 

85 
80 
5 

65 
45 
20 

85 
65 
20 

75 
45 
25 

70 
40 
20 

40 
25 
15 

25 
15 
10 

35 
20 
10 

530 
405 
90 

330 
210 
100 

Readmission and return: As attested by EU Member States, Montenegro cooperates well on 
readmission and return, with a return rate higher than 100% in 2016 and 2017 (respectively 
161% and 109%) and relatively low absolute numbers (around 1,500 return decisions in both 
2015 and 2016 and only 750 in 2017, in parallel with a sharp decrease in the number of first 
asylum  applications,  from  around  3,600  in  2015  to  1,500  in  2016  and  slightly  over  500  in 
2017). Germany accounts for the bulk of the return decisions.  

2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Schengen+ 
area 

1,550 

1,215 

Germany  

945 

825 

78% 

87% 

1,490 

1,065 

2,400 

2,160 

161% 

203% 

750 

410 

820 

655 

Return 
rate 

109% 

160% 

20 

 
 
 
 
 
 
 
 
 
Luxembourg 
Denmark 
Austria 
Romania 

80 
5 
30 
5 
Eurostat, last update 21/08/18 

135 
10 
N/A 
5 

169% 
200% 
N/A 
100% 

35 
5 
45 
0 

45 
10 
20 
0 

129% 
200% 
44% 
N/A 

30 
5 
25 
5 

35 
5 
25 
5 

117% 
100% 
100% 
100% 

So far, Montenegro signed  Implementing Protocols  with  Slovenia, Malta, Austria, Bulgaria, 
the  Czech  Republic,  Germany,  Slovakia,  the  Benelux,  Estonia,  Italy  and  Hungary. 
Negotiations  with  Spain  and  Greece  are  in  the  process  of  finalisation.  In  March  2018,  the 
Montenegrin  authorities  expressed  interest  in  negotiating  Implementing  Protocols  with 
France,  Sweden,  Denmark,  Finland,  Cyprus,  Poland,  Portugal,  Romania,  Lithuania  and 
Latvia. To this end, a draft protocol was sent to the authorities of these Member States. 

The  readmission  agreement  with  Turkey  entered  into  force  in  December  2016.  The 
readmission agreement with Azerbaijan entered into force in December 2017. In March 2018, 
the process of signing a readmission agreement and implementing protocol with the Russian 
Federation  was  reinitiated.  Also,  negotiations  with  Georgia  and  Ukraine  are  envisaged  to 
ensure harmonisation of the readmission agreements with these countries. 

Montenegro  is  negotiating  readmission  agreements  with  Iceland  and  China.  Readmission 
agreements  with  all  neighbouring  countries  are  in  place.  However,  in  the  course  of  2018, 
Monstenegro signalled issues with the implementation of the third country nationals clause of 
their bilateral Readmission Agreement with Albania. 

While a working arrangement is in place with the EBCGA, negotiations on an EBCG Status 
Agreement were opened on 5 July 2018. The agreement is pending initialling and needs to be 
signed as a matter of priority. 

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. It regulates the entry, exit, 
movement,  stay,  rights  and  work  of  foreigners  in  Montenegro,  as  well  as  returns,  including 
voluntary  returns  and  entry  bans.  Eight  out  of  the  16  rulebooks  necessary  for  the 
implementation of the Law have so far been adopted.  

The Montenegrin Law on International and Temporary Protection of Foreigners entered into 
force on 1 January 2018, aligning the legislation in this area with the EU acquis. Five out of 
the six rulebooks necessary for the implementation of the Law were adopted. A Montenegrin 
language  and  culture  course  module  for  refugees  is  being  prepared  by  the  Ministry  of 
Education.  An  information  document  for  foreigners  seeking  international  protection  in 
Montenegro has been developed and translated into eight languages. 

Since  autumn  2017,  Montenegro  has  been  increasingly  affected  by  migration  along  the  so-
called  "coastal route"  (Albania-Montenegro-Bosnia and Herzegovina).  The country is  in  the 
process of increasing its reception capacities by creating a "transit centre" in Božaj, close to 
the  Albanian  border,  to  accommodate  first-entry  migrants  and  migrants  willing  to  lodge  an 

21 

 
 
 
 
 
 
asylum  request  in  Montenegro.  As  an  interim  solution,  the  establishment  of  a  container 
settlement in Božaj is planned (with the financial support of the EU). 

Montenegro reported continued good cross border cooperation with all its neighbours. A set 
of nine local border traffic agreements with Serbia was signed in August 2018.  

Public order and security 

Regardless  of  incidental  cases  (such  as  the  February  2018  attack  on  the  US  Embassy  in 
Podgorica), Montenegro is not considered as a source country for radicalisation. The country 
remains  a  secondary  transit  point  for  the  smuggling  of  migrants  through  the  Balkan  region, 
though  there  do  not  seem  to  be  Montenegrin  OCGs  involved  in  this  criminal  activity.  A 
source of concern remains the drug transit through Montenegro into the EU. Also, despite the 
success  of  several  initiatives  conducted  by  the  Montenegrin  authorities  to  reduce  the 
prevalence of firearms in the country, they are still widely available in the country. Firearms 
are also trafficked to other countries in the region and beyond into the EU. Montenegro is an 
important  transit  country  and  a  potential  source  of  counterfeit  and  contraband  cigarettes 
headed  for  the  EU.  As  regards  cybercrime,  Montenegro  is  not  considered  to  be  a  source 
country. 

In  2017,  Montenegro  adopted  a  new  national  Serious  and  Organised  Crime  Threat 
Assessment (SOCTA), identifying nine priority areas for 2018-2019: terrorism and religious 
extremism,  drug  smuggling,  irregular  migration  and  human  trafficking,  serious  criminal 
offences  arising  from  conflicts  between  OCGs,  loan  sharking,  high-level  corruption, 
cybercrime, smuggling of excise goods  and money laundering. Montenegro must sustain  its 
efforts  to  tackle  drug  trafficking,  as  Montenegrin  organised  crime  groups  are  active  in  the 
trafficking of cannabis and cocaine (with direct links to crime groups in South America) and 
operate to a large extent outside Montenegro, including in EU countries.  

There is notable progress on police cooperation with EU member States. This was illustrated 
by recent high-profile operations that have led to the arrest of Montenegrin nationals, both in 
Montenegro  and  abroad,  thanks  to  good  cooperation  with  the  police  services  in  (among 
others) Italy, the UK, France and Greece. The progress in the fight against tobocco smuggling 
was illustrated by important seizures of illicit  cigarettes in  August  and September 2018, the 
arrest of suspected smuggling rings' members and the prosecution of seven customs officials 
for corruption. 

The  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 remained stable throughout  2017 and the first half of 2018. Overall the 
figures are low. 

Art. 26 SIS alerts 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

Total 1st 
half 2017 

22 

 
 
 
 
 
 
 
 
Montenegro 

Montenegro 

3 
2017 
M07 

1 
2018 
M01 

2 
2017 
M08 

9 
2018 
M02 

1 
2017 
M09 

0 
2018 
M03 

Montenegro 

0 

6 

0 

0 
2017 
M10 

1 
2018 
M04 

1 

6 
2017 
M11 

5 
2018 
M05 

0 

2 
2017 
M12 

0 
2018 
M06 

2 

14 
Total 2nd 
half 2017 
16 
Total 1st 
half 2018 
9 

the 

insufficient  supervision  mechanism  over  suspicious 

Several  investigations  on  high-profile  criminal  cases  are  on-going  since  2017,  in  which 
money-laundering is prosecuted as a stand-alone crime. Considering its usage of the Euro as a 
transactions, 
currency  and 
Montenegro  is  an  attractive  country  for  international  money  laundering  schemes.  An 
increasing number of financial investigations are being launched for the purpose of seizure 
and  confiscations.  In  July  2018,  Montenegro  adopted  amendments  to  the  Law  on  Money 
Laundering  and  Terrorism  Financing,  as  well  as  the  Law  on  International  Restrictive 
Measures.  The  country  remained  under  Step  2  of  the  Moneyval's  Compliance  Enhancing 
Procedures  in  2018.  At  the  57th  Plenary  meeting  on  4-7  December  2018,  Montenegro 
reported back on the oustanding deficiencies.. 

The adoption of the Law on Internal Affairs is again delayed, due to the need to harmonise it 
with  the  new  Law  on  Public  Administration.  The  Law  on  Internal  Affairs  is  supposed  to 
introduce  structural  changes  in  the  internal  organisation  of  the  police,  in  particular  by 
promoting merit-based recruitment, evaluation and promotion. In the meantime, the capacity 
to  fight  against  organised  crime  was  nevertheless  further  strengthened.  The  Special  Police 
Unit has now 30 positions filled, which is 50% more than originally planned. The number of 
staff  of  the  Special  Prosecutor’s  Office  has  increased  to  34  civil  servants  (including  12 
Special Prosecutors) while 3 vacant positions are still to be filled. Further efforts are needed 
to  develop  the  country's  track  record  in  cases  of  organised  crime,  in  particular  as  regards 
trafficking in human beings where results are limited. Pro-active investigations remain rare 
and most investigations in cases of organised crime still start on the basis of signals received. 

Montenegro adopted on 22 November 2018 a three-year investor citizenship scheme. As from 
1 January 2019, foreign investors will be able to aquire Montenegrin citizenship for maximum 
of 560 000€, including a 450 000€ investment project in Podgorica or in the coastal area (or 
alternatively only 250 000€ if the investment is made in the country's northern or central less 
developped regions). The investor citizenship scheme needs to  be closely  monitored if used 
by  investors  from  visa-required  countries  to  bypass  the  regular  Schengen  visa  procedures, 
possibly posing a migratory and security risk. 

The  Cooperation  Agreement  with  Eurojust  is  in  force  and  Montenegro  has  a  Liaison 
Prosecutor at Eurojust. 

23 

 
 
 
 
 
 
 
 
 
II.1.5 SERBIA 

Irregular migration, including readmission 

Detections of illegal border crossing:  As regards irregular migration challenges, according 
to  EBCGA  data,  the  number  of  detections  of  illegal  border  crossings  of  Serbian  nationals 
decreased between 2015 and 2018 (first half). The figures have overall been low in absolute 
terms. 

Detections of illegal border crossing by 
nationals of Serbia 

2018 (1st half) 

2017 

2016 

2015 

44 

84 

107 

200 

Source: FRAN and JORA data (as of 5/09/18) 

Refusal  of  entry  at  the  external  borders:  The  number  of  Serbian  nationals  which  were 
refused entry in  2017 was 8,070, compared to  7,910 refusals  in  2016. Hungary is  the most-
affected country with a total of 5,275 cases reported in 2017. 

2009 

Refusals of entry 
for nationals  
of Serbia 
Schengen+ area 
Hungary 
Slovenia 
France 
Romania 
Greece 
Eurostat, last update 24/08/18 

3,580 
1,730 
825 
55 
260 
90 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

6,500 
2,920 
1,575 
45 
455 
315 

6,620 
3,580 
1,245 
45 
450 
200 

5,590 
3,325 
1,050 
55 
245 
195 

9,170 
5,445 
865 
65 
715 
160 

9,520 
6,530 
700 
110 
600 
125 

7,850 
4,805 
700 
175 
575 
125 

7,910 
4,710 
605 
265 
510 
145 

8,070 
5,275 
680 
465 
350 
175 

Illegal stay: In 2017 the number of Serbian nationals found to be illegally present increased 
by  31%,  with  14,665  illegal  stays  in  2017  compared  to  11,180  in  2016,  when  the  number 
registered  a  diminution  of  around  19%  compared  to  2015.  Germany  and  Hungary  were 
generally the most affected countries, also in 2017 followed by Austria.  

Illegal stay by 
nationals  
of Serbia 
Schengen+ area 
Germany 
Hungary 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

9,555 
2,590 
1,720 

12,585 
2,920 
1,045 

9,850 
3,375 
1,585 

11,765  11,820 
4,980 
4,350 
2,275 
2,425 
24 

15,400 
7,295 
3,350 

13,785  11,180  14,665 
5,725 
4,710 
7,650 
4,570 
2,455 
2,580 

 
 
 
 
 
 
 
 
 
 
Austria 
Slovenia 
Switzerland 
Eurostat, last update 22/08/18 

1,280 
125 
0 

855 
355 
0 

940 
610 
0 

1,015 
115 
745 

1,090 
90 
715 

815 
110 
665 

460 
110 
810 

660 
440 
850 

855 
675 
675 

Asylum applications: The number of asylum applications by Serbian nationals continued to 
decrease also in 2017, with 8,325 applications submitted in 2017 compared to 13,515 in 2016, 
a decrease of around 38% (between 2015 and  2016 the number fell by 55%). Germany was 
the Member State with  the highest  number of applications lodged, followed by  France. The 
asylum recognition rate increased to 3.23% in 2017 (compared to 1.57% in 2016). 

2009 

Yearly total 
number of 
asylum 
applications by 
nationals of 
Serbia 
Schengen+ area 
Germany 
France 
Sweden 
Belgium 
Netherlands 
Eurostat, last update 24/10/18 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

6,435  18,845  15,630  21,065  22,725  31,170  30,325  13,515 
12,810  18,000  27,145  26,945  10,260 
890 
605 
980 
1,510 
585 
500 
1,020 
195 
55 

6,990 
665 
2,645 
1,995 
105 

6,795 
800 
6,255 
2,220 
65 

840 
2,670 
1,095 
145 

460 
1,055 
375 
445 

700 
1,670 
685 
265 

655 
460 
205 
945 

8,325 
4,915 
1,730 
310 
230 
210 

As  regards  monthly  asylum  applications,  in  the  first  half  of  2018  the  number  of  asylum 
applications decreased by more than 20% (3,460 asylum applications) compared to the same 
period in 2017 (4,375). In this period, France is the Member State receiving the majority of 
asylum applications, replacing Germany which was the top country in the first half of 2017.  

Monthly 
asylum 
applications 
by nationals 
of Serbia 
Schengen+ 
area 
France 

Germany 

Belgium 

Italy 

Switzerland 

2017 
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018
M02 

2018
M03 

2018
M04 

2018
M05 

2018
M06 

2017 
1st 
half 

2018 
1st 
half 

860 

100 

595 

15 

15 

10 

730 

70 

480 

5 

10 

15 

940 

130 

635 

20 

35 

25 

720 

130 

415 

30 

20 

20 

580 

100 

335 

25 

15 

20 

545 

100 

300 

25 

10 

5 

895 

305 

440 

25 

15 

5 

620 

325 

195 

20 

5 

10 

660 

305 

250 

15 

10 

10 

575 

250 

235 

20 

10 

5 

355 

130 

155 

15 

10 

5 

355 

130 

140 

10 

10 

20 

4,375 

3,460 

630 

1,445 

2,760 

1,415 

120 

105 

95 

105 

60 

55 

Eurostat, last update 20/11/18 

Readmission and return: Serbia's cooperation on the readmission of own nationals remains 
satisfactory,  with  a  return  rate  that  increased  to  above  100%.  This  shows  that  Serbian 

25 

 
 
 
 
 
nationals  ordered  to  leave  the  EU  are  effectively  returned  from  the  EU  Member  States  to 
Serbia. 

2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Schengen+ 
area 

13,835 

12,800 

93% 

13,320 

12,845 

96% 

Germany  
Finland 
Austria 
Bulgaria 
Cyprus 
Malta 

8,300 
45 
1,195 
5 
5 
130 
Eurostat, last update 21/08/18 

10,230 
40 
N/A 
5 
5 
125 

123% 
89% 
N/A 
100% 
100% 
96% 

7,560 
50 
1,715 
5 
15 
110 

9,910 
55 
685 
5 
15 
110 

131% 
110% 
40% 
100% 
100% 
100% 

7,810 

3,505 
20 
845 
10 
5 
140 

7,920 

5,295 
25 
985 
10 
5 
140 

Return 
rate 

101% 

151% 
125% 
117% 
100% 
100% 
100% 

On the other hand, the lack of implementation of the third country national provision of 
the EU-Serbia Readmission Agreement remains an issue, especially for applications launched 
by Romania and to a minor extent Bulgaria. Indeed, more than 75% of the 416 readmission 
applications  sent  by Romania containing prima  facie evidence in  line with the Readmission 
Agreement  of  direct  border  crossing  from  or  transit  through  Serbia  have  been  rejected  by 
Serbia  between  January  and  August  2018  with  no  clear  ground  (compared  to  94%  for  the 
whole of 2017). 

So  far,  19  Implementing  Protocols  have  been  signed  with  21  EU  Member  States:  Italy, 
Slovenia,  France,  Hungary,  the  United  Kingdom,  Austria,  Malta,  Slovakia,  Germany, 
Romania, Bulgaria, Estonia, Czech Republic, the Benelux, Cyprus, Greece, Latvia, Portugal 
and Sweden. 

Bilateral readmission agreements have been signed with Bosnia and Herzegovina, Denmark, 
Canada,  Norway,  Croatia,  Switzerland,  the  former  Yugoslav  Republic  of  Macedonia, 
Moldova, Montenegro and Russia. Negotiations with Ukraine and Turkey are being finalised. 
Negotiations  have  been  proposed  to  Algeria,  Morocco,  Afghanistan,  Iraq,  Pakistan  and  the 
United Arab Emirates, but yielded no interest so far. 

26 

 
 
 
 
 
 
 
An  EBCG  Status  Agreement  has  been  initialled  by  Serbia  and  the  Commission  on 
20 September 2018. The agreement must now be signed and Serbia should complete rapidly 
its internal procedure for the entry into force of this agreement. A working arrangement with 
EBCGA is also in place.  

A point of concern indicated in the First Suspension Mechanism report was Serbia's decision 
to grant visa free regime to countries posing a migratory and security risk to EU Member 
States, which resulted in a significant number of Iranian nationals abusing the visa-free travel 
to  Serbia  with  an  intention  to  move  on  to  EU  countries  using  fraudulently  obtained  and 
falsified documents when exiting Serbia. This issue was amplified by the establishment of a 
direct flight connection between Belgrade and Teheran. 

Serbia  reported  higher  levels  of  false  documents  being  encountered  in  the  territory  in  2018 
compared to 2017, with Iranians being the main nationality encountered using them. They use 
either  the  route  to  Bosnia  and  Herzegovina  or  try  to  enter  the  EU  via  Romania  directly. 
Alternatively, they move to Greece via the former Yugoslav Republic of Macedonia, mostly 
to  seek  support  by  the  local  Iranian  diaspora  and  opportunities  of  onward  travels  based  on 
falsified  documents.  Serbia  has  taken  several  measures  to  counteract  the  migratory  and 
security risks of the Iranian nationals, however in the framework of one year, clear results still 
need  to  be  seen.  Entry  denials  at  Nicola  Tesla  Airport  (Belgrade)  have  increased,  primarily 
involving Iranian, Indian and Tunisian nationals.  

Available  statistics  show  that  from  2 September  2017  to  7 October  2018,  45,201  Iranians 
were detected on entry, 33,154 were detected on exit and 11,453 have remained in the region. 
In  1,710  cases  the  intention  to  apply  for  international  protection  was  declared  and  8,466 
Iranian nationals were denied entry to Serbia. In the EU, 15,245 Iranian nationals applied for 
asylum between September 2017 and July 2018, as compared to 20,665 between September 
2016 and July 2017.  

Most attempts by Iranian nationals to enter illegally the EU were recorded while travelling by 
air  from  Belgrade,  using  forged  or  fraudulently  obtained  document.  According  to  Europol, 
OCGs comprised of  Iranian nationals  are increasingly important in  the trafficking of heroin 
along the Western Balkans route as well as the Southern Caucasus route.  

The  Law  on  Foreigners  was  adopted  in  March  2018  and  entered  into  force  in  October. 
Implementing  legislation  is  being  prepared.  The  multi-annual  Strategy  for  Combatting 
Irregular  Migration  was  prepared  by  an  inter-institutional  working  group.  It  is  yet  to  be 
adopted  by  the  Government.  The  current  draft  aims  at  covering  gaps  in  the  strategic 
framework and at complementing, inter alia, the Integrated Border Management Strategy. In 
addition,  it  is  expected  to  further  improve  inter-institutional  coordination  and  monitoring  of 
government  activities  in  the  area  of  migration.  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. In 
2016, Serbia established a permanent task force against people smuggling in response to the 
threat  from  organised  migrant  smuggling  through  its  territory.  The  task  force  constitutes  a 

27 

 
 
 
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, the Law on Asylum was adopted in March 2018 with a view to align 
with  EU  acquis.  Its  implementation  started  in  June.  It  has  to  be  ensured  that  the  asylum 
applications' appeal  system  (second instance) is  applied in  line  with  the  EU  acquis.  Bylaws 
were adopted in relation to asylum application forms, documents issued to asylum seekers and 
persons granted asylum or international protection as well as to the method and procedure for 
registration of foreigners, who expressed intention to apply for asylum. A rulebook on travel 
documents  is  being  prepared.  Recruitments  for  the  Asylum  Office  have  almost  been 
completed. Resources were allocated to the Commissariat for Refugees and Migration in the 
2018 Budget  Law to  provide support and facilitate access  to  various rights  for persons who 
have been granted international protection. The Commissariat continued to allocate funds to 
civil society organisations for carrying out awareness-raising activities in host communities as 
well as for the reintegration of returnees based on readmission agreements. 

As  regards  border  management,  the  revised  integrated  border  management  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  is  delayed.  Serbia has  established joint contact  centres  and  mixed patrols  with 
the  countries  bordering  the  country:  Hungary,  Montenegro,  Bosnia  and  Herzegovina, 
Romania,  the  former  Yugoslav  Republic  of  Macedonia  and  Bulgaria.  Serbia  has  also 
established  a  joint  contact  centre  with  Croatia  aiming  at  the  establishment  of  joint  patrols. 
Information campaigns directed at raising the level of awareness on rights and obligations of 
the visa-free regime for Serbian nationals are continuously being implemented. 

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  OCGs  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 
further  enhanced  its  already  good  cooperation  with  Europol,  increasing  the  number  of 
Analysis  Work  Files  it  cooperates  on,  now  including  inter  alia  also  the  APs  Smoke  and 
EnviCrime. An operational agreement with Europol is in place and a Serbian Police Liaison 
Officer is posted at Europol since March 2017. An EBCGA regional liaison officer has been 
sent to Belgrade in September 2017. The working arrangement between the Serbian Ministry 
of Interior and the European Agency for Law Enforcement Training (CEPOL) was ratified in 
March  2018  and  entered  into  force  in  April  2018.  It  provides  for  a  solid  basis  for  mutual 
support  in  training  activities  for  law  enforcement  officials  and  for  the  exchange  of  best 

28 

 
 
 
 
 
practices  in  cooperation  mechanisms,  and  should  thus  help  enhancing  the  effectiveness  of 
fighting cross-border crime in particular. 

The  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 slightly increased between the first half of 2017 and second half of 2017 
(from 175 to 2213) and slighty increased furtheron in the first half of 2018 (from 213 to 243). 
This will require monitoring. 

Art. 26 SIS alerts 

Serbia 

Serbia 

2017 
M01 

12 
2017 
M07 

24 
2018 
M01 

2017 
M02 

36 
2017 
M08 

46 
2018 
M02 

2017 
M03 

38 
2017 
M09 

48 
2018 
M03 

Serbia 

53 

30 

48 

2017 
M04 

31 
2017 
M10 

43 
2018 
M04 

20 

2017 
M05 

21 
2017 
M11 

38 
2018 
M05 

35 

2017 
M06 

37 
2017 
M12 

14 
2018 
M06 

57 

Total 1st 
half 2017 
175 
Total 2nd 
half 2017 
213 
Total 1st 
half 2018 
243 

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.  It  provides  for  a  better  framework  for  investigating, 
prosecuting and adjudicating cases in  the mentioned fields.  There is  a delay in  adopting the 
new Financial Investigation Strategy after the previous one expired in 2016, but its content 
is also reflected in the aforementioned legislation. In August 2017, a new 2017-2022 Strategy 
for  the  Prevention  and  Suppression  of  Human  Trafficking  was  adopted,  together  with  the 
accompanying  action  plan.  On  the  basis  of  this  strategy,  Serbia  has  started  to  take  steps 
towards  a  pro-active  identification  and  due  protection  of  human  trafficking  victims.  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. 

II.2 EASTERN PARTNERSHIP 

II.2.1 REPUBLIC OF MOLDOVA7  

Irregular migration, including readmission 

Detections of illegal border crossing:  As regards irregular migration challenges, according 
to data provided by the European Border and Coast Guard Agency, the number of detections 

7   Hereinafter referred to as Moldova. 

29 

 
 
 
 
 
 
 
 
 
 
 
                                                           
of illegal border crossings has been decreasing since 2015. In the first half of 2018 there were 
11 illegal border crossings, compared to 38 detections of illegal border crossing in 2017, 25 in 
2016 and 60 in 2015. 

Detections of illegal border crossings 

2018 (1st half) 

2017 

2016 

2015 

11 

38 

25 

60 

Source: FRAN and JORA data (as of 5/09/18)  

Refusal of entry at the external borders: The number of Moldovan nationals being refused 
entry at the external Schengen borders increased from 2,725 (in 2015) to 4,660 (in 2016) and 
furtheron to 7,270 (in 2017). This constitues an increase between 2016 and 2017 of 56%. In 
2017, the main countries issuing a refusal of entry were Poland, Romania, Hungary, Italy and 
France.  Poland  and  France  registered  a  considerable  increase  since  the  visa  liberalisation  in 
2014.  

2009 

Refusals of 
entry for 
nationals  
of Moldova 
Schengen+ area 
Poland 
Romania 
Hungary 
Italy 
France 
Eurostat, last update 24/08/18 

2,145 
125 
1,405 
290 
45 
45 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

2,050 
85 
1,445 
285 
40 
15 

2,320 
130 
1,200 
790 
40 
10 

1,540 
110 
875 
280 
40 
15 

1,150 
100 
655 
160 
30 
5 

1,845 
115 
640 
460 
225 
30 

2,725 
165 
725 
605 
510 
70 

4,660  7,270 
2,465 
740 
1,410  1,310 
1,180 
835 
700 
790 
485 
185 

Illegal  stay:  In  2017  the  number  of  Moldovan  nationals  found  to  be  illegally  present 
increased  by  almost  15%  (8,785  illegal  stays  compared  to  7,660  in  2016).  Hungary  and 
Germany were the most affected countries in 2017.  

Illegal stay by 
nationals  
of Moldova 
Schengen+ 
area 
Hungary 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

5,150 
360 

4,335 
370 

3,535 
385 

3,390 
310 

2,505 
305 

2,245 
425 

4,050 
2,040 

7,660 
3,015 

8,785 
2,735 

30 

 
 
 
 
 
 
 
 
 
Germany 
Poland 
France 
Romania 
Eurostat, last update 22/08/18 

325 
95 
220 
970 

275 
70 
205 
950 

325 
60 
260 
810 

265 
75 
865 
350 

260 
50 
435 
340 

205 
80 
575 
225 

285 
160 
435 
175 

2,050 
870 
410 
360 

2,235 
1,280 
605 
360 

Asylum  applications:  At  the  start  of  the  visa-free  regime  for  Moldova,  there  was  a  sharp 
increase in asylum applications by Moldovan nationals in the Schengen countries: from 475 
(in 2014) over 1,850 (in 2015) to 3,675 (in 2016). After an important decrease by more than 
50% in  2017 (1,620 applications), monthly data  for the first  half  of 2018 already indicate a 
total of 1,665 applications, which is more than the total of the previous year and is likely to 
reach  the  levels  of  2016  by  the  end  of  2018.  These  numbers  can  be  mainly  attributed  to 
Germany, where the number of asylum applications rose from  270 (in 2014) over 1,565 (in 
2015), 3,405 (in 2016), 1,060 (in 2017) to 1,135 (first half of 2018). The asylum recognition 
rate was 1.48% in 2016 and 1.35% in 2017. The asylum recognition rate slightly decreased to 
1.35% in 2017 (compared to 1.48% in 2016). 

Yearly total number of asylum 
application by nationals of 
Moldova 
Schengen+ area 
Germany 
Greece 
Italy 
France 
The Netherlands 
Eurostat, last update 24/10/18 

2014 

2015 

2016 

2017 

475 
270 
10 
20 
30 
5 

1,850 
1,565 
35 
35 
30 
10 

3,675 
3,405 
45 
35 
35 
15 

1,610 
1,060 
40 
45 
15 
340 

Monthly asylum 
applications by 
nationals of 
Moldova 
Schengen+ 
area 
Germany 
Greece 
Italy 
France 
The 
Netherlands 

2017 
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018
M02 

2018
M03 

2018
M04 

2018
M05 

2018
M06 

2017 
1st 
half 

2018 
1st 
half 

265 
245 
0 
10 
0 

130 
115 
0 
5 
5 

5 

5 

85 
50 
5 
10 
5 

15 

50 
40 
5 
0 
0 

85  115  235  275  280  220  280  375  730  1,665 
30  155  220  200  130  150  280  515  1,135 
35 
5 
5 
5 
5 
0 
0 

0 
5 
10 

5 
5 
35 

0 
5 
25 

20 
35 
10 

20 
25 
85 

5 
5 
5 

5 
5 
5 

5 
0 
5 

0 

35 

65 

65 

30 

65 

70 

75 

40 

125 

345 

Eurostat, last update 20/11/18. 

31 

 
 
 
 
 
 
Readmission  and  return:  While  the  number  of  return  decisions  issued  to  Moldovan 
nationals had almost tripled between 2015 and 2016 (from 1,860 to 5,015), figures for 2017 
show a slight decrease again (4,600). This has been accompanied by a significant increase of 
the  return  rate  in  2017  (83%),  compared  to  48%  in  the  previous  year.  The  quality  of  the 
cooperation on readmission and return with  Moldova is  considered as  generally positive, as 
attested  during  the  last  meeting  of  the  Joint  Readmission  Committee  on 6  September  2018. 
Moldova  has  recently  implemented  an  accelerated  procedure  for  readmission  requests  with 
Germany  (the  Member  State  where  most  readmission  applications  originate  from),  which 
reduces the time for handling requests and allows return to take place on the basis of the EU 
travel  document.  This  increase  in  cooperation  is  reflected  in  a  declining  refusal  rate  for 
readmission applications from 23% in 2016 to only 8% in 2017. 

2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Return 
rate 

Schengen+ 
area 

1,860 

1,215 

65% 

Finland 
Denmark 
Germany  
France 
Bulgaria 
Malta 
Slovakia 
Poland 

20 
5 
80 
295 
0 
5 
15 
150 
Eurostat, last update 21/08/18 

50 
15 
25 
380 
0 
5 
15 
135 

250% 
300% 
31% 
129% 

100% 
100% 
90% 

5,015 

20 
10 
2,435 
355 
5 
5 
25 
820 

2,415 

48% 

25 
10 
590 
335 
0 
5 
20 
825 

125% 
100% 
24% 
94% 
0% 
100% 
80% 
101% 

4,600 

10 
10 
825 
440 
5 
10 
30 
1,260 

3,835 

25 
15 
1,140 
530 
5 
10 
30 
1,235 

83% 

250% 
150% 
138% 
120% 
100% 
100% 
100% 
98% 

According to statistics provided by the Moldovan authorities, more over 1,500,000 Moldovan 
citizens8 have made more than 4,700,000 trips to the EU Member States (Ireland and United 
Kingdom  excluded)9  under  the  visa-free  regime  between  28  April  2014  (the  date  of  visa 
liberalisation) and 30 june 2018.  

Moldova  has  recently  signed  a  cooperation  plan  for  the  period  2018-2020  with  EBCGA,  to 
facilitate the exchange of information on migratory flows, improve the use of relevant data to 
combat  cross  border  crime  and  support  technical  assistance  to  the  Moldovan  authorities. 
Moldovan observers can be included in Joint Operations. 

Moldova  has  organised  targeted  information  campaigns  in  2018  to  clarify  the  rights  and 
obligations  entailed  in  visa-free  travel,  such  as  the  revised  edition  of  the  'Guide  on  free 
movement in the European space', launched on the occasion of the 4th anniversary of the visa 

8  

9  

The 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. 
The 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. 

32 

 
 
 
 
 
 
 
 
 
                                                           
free  regime  and  distributed  in  different  events  and  to  diaspora.  Moldovan  authorities  also 
organised 88 information events addressed to vulnerable categories likely to emigrate to the 
EU  countries,  informing  about  the  conditions  of  legal  migration  and  legal  stay  in  the 
Schengen area as well as the risk of overstaying and the penalties linked to it. 

In  November  2018  thematic  discussions  took  place  between  the  Embassy  of  the  MD  to 
Germany and the Ministry of Internal Affairs of Germany. As a follow-up to those discussion 
new bilateral MD - German consultations are being planned to take place in December 2018 
in  the  MD.  The  aim  of  consultations  is  to  approach  the  practical  additional  measures  that 
could be taken in order to deal with the increase of number of MD asylum seekers. 

Public order and security 

According  to  Europol,  Moldovan  organised  crime  groups  continued  to  represent  a 
substantial  crime  threat  during  the  reporting  period.  They  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  (burglaries  and 
thefts,  organised  robberies  and  motor  vehicle  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  transfer  it  into  the  EU.  There  is  an 
increasing number of cybercrime services run from Moldova such as money mule networks, 
inject writers, coders, crypters and phone flooding services, as well as a continued focus on 
attacks against ATMs, such as blackbox attacks. Illicit tobacco trade remains a primary driver 
of crime and corruption. While Moldova is not a major course country for irregular migrants, 
it remains a source for trafficking in human beings for sexual and labour exploitation. In this 
regard, the National Strategy for Preventing and Combating Trafficking in Human Beings for 
the  period  2018-2023  was  adopted,  together  with  the  action  plan  2018-2020.  As  part  of  the 
creation  of  a  specialized  structure  to  fight  organised  crime,  Moldova  approved  in  2017  the 
Regulation  of  the  Prosecutor's  Office  for  Combating  Organised  Crime  and  Special  Causes 
(POCOCSC) and specialised offices were created within the Sections of the POCOCSC along 
with the staff assignment. The country has a working arrangement in place with CEPOL, the 
European Agency for Law Enforcement Training. 

The  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 increased slightly between the first and second half of 2017 (from 35 to 
42) and increased furtheron between the second half of 2017 and first half of 2018 (from 42 to 
64). This will require monitoring.  

Art. 26 SIS alerts 

Moldova 

2017 
M01 

2017 
M02 

2017 
M03 

7 

6 

8 

2017 
M04 

2 

2017 
M05 

7 

2017 
M06 

5 

Total 1st 
half 2017 
35 

33 

 
 
 
 
 
 
2017 
M07 

8 
2018 
M01 

18 

2017 
M08 

0 
2018 
M02 

2017 
M09 

3 
2018 
M03 

2 

5 

2017 
M10 

18 
2018 
M04 

9 

2017 
M11 

5 
2018 
M05 

14 

2017 
M12 

8 
2018 
M06 

16 

Total 2nd 
half 2017 
42 
Total 1st 
half 2018 
64 

Moldova 

Moldova 

The  main  terrorist-related  risk  factors  are  the  use  of  Moldova  as  a  transit  zone  to  and  from 
Middle Eastern conflict zones, together with radicalisation and the involvement of Moldovan 
nationals  in  mercenary  activities  in  Eastern  Ukraine.  In  addition,  the  potential  diversion  of 
firearms  from  Moldova  (and  Ukraine)  that  could  increase  the  availability  of  lethal  weapons 
for terrorist attacks remains a significant concern. 

While  Moldova  has  been  working  on  adopting  and  implementing  legislation  to  create  a 
framework  for  the  fight  against  corruption,  it  is  at  times  endangered  by  backtracking  on 
previous commitments such as through the fiscal reform package adopted in July 2018. To be 
noted  that  the  massive  bank  fraud  (USD  1  billion)  of  2014  remains  today  not  effectively 
prosecuted. 

The institutional framework to fight corruption and money laundering in Moldova consists of 
the Anti-Corruption Prosecutor’s office (APO) (accountable to the Prosecutor General and the 
Superior Council of Prosecutors); the National Anti-Corruption Centre (NAC), together with 
its  subordinate  Criminal  Assets  Recovery  Agency  (CARA)10  and  the  Office  for  Prevention 
and Fight Against Money Laundering (OPFML)11, which has been transformed into a separate 
body in the reporting period; and the National Integrity Authority (NIA)12. 

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  and  public 
sectors.  According  to  the  2017  Monitoring  and  Evaluation  Report  of  the  NIAS,  98  actions 
were implemented in 2017, of which 29 were fully implemented, 62 partially and 7 were not 
realised.  The  Government  has  adopted  7  (out  of  19)  sectoral  anticorruption  action  plans  for 
the years 2018-2020. Approval is still ongoing for action plans on environmental protection 
and  agri-food.  Local  anticorruption  plans  are  under  approval,  although  about  89%  of 
territorial units of level II have already informed the central authorities about their adoption. 

Since the finalisation of the visa liberalisation process, 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  been  attempts  to  undermine  the  anti-corruption 
framework by proposals such as the fiscal  reform  package,  which was  not  subject  to  public 
consultation and did not receive the opinion of the NAC as it was not requested. A weakened 

10  The Criminal Assets Recovery Agency (CARA) is the Moldovan asset recovery office (ARO). 
11  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. 

12  NIA is the English abbreviation; locally the abbreviation ANI is used. 

34 

 
 
 
 
 
                                                           
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. 

To  prevent  corruption  in  the  public  sector,  the  NAC  develops  the  institutional  integrity 
assessment  consisting  of  institutional  integrity  assessment  and  the  professional  integrity 
testing of public officials, which started to apply in May 2018. At the moment, it is premature 
to  discuss  the  effects  of  integrity  tests  applied  on  the  basis  of  the  new  concept  for  public 
agents.  The  effect  will  only  be  noticeable  after  the  evaluated  public  entities  submitted  their 
institutional evaluation reports.  

The Criminal Assets Recovery Agency (CARA) was set up in 2017 under the umbrella of the 
NAC.  Initially  only  dealing  with  corruption  and  money  laundering  offences,  its  scope  has 
been broadened in  2018 to  include 25  additional types  of crime (including organised  crime, 
trafficking in human beings or drugs trafficking). Budget and staff were also increased (from 
8  to  18  persons,  based  on  the  conclusions  of  the  EU-Council  of  Europe  Project  CLEP  –
Controlling Corruption through Law Enforcement and Prevention).  

Delays and shortcomings in the selection of senior management and consequent appointment 
of  inspectors  were  experienced  in  the  National  Integrity  Authority  (NIA)  thoughout  2017, 
hampering its effectivity. The new structure and budget were approved in 2018, including an 
increase  of  staff  to  50  people  (of  which  46  integrity  inspectors),  whose  conditions  for 
recruitment  have  been  clarified.  The  immediate  appointment  of  inspectors  is  still  crucial  to 
ensure the verification of declarations on assets, personal interests and conflicts of interests.  

In August 2018 a law on whistleblowers was also published in order to establish procedures 
for  employees  or  other  individuals  who  could  report  information  of  public  interest  at  the 
workplace, both  in  the public and private sectors. The NAC and the Ombudsman have  also 
started  a  specific  project  with  the  objective  to  strengthen  and  promote  the  mechanism  of 
protecting whistleblowers’ fundamental rights. 

A  new  law  aims  to  align  the  Moldovan  legislation  to  the  4th  EU  Anti-Money  Laundering 
Directive  was  adopted  on  22  December  2017  and  entered  into  force  on  23  February  2018. 
This new law foresees the establishment of centralised bank registries and the implementation 
of the 40 recommendations of the Financial Action Task Force (FATF). 

Whereas  efforts  have  indeed  been  made  to  strengthen  the  anti-corruption  and  anti-money 
laundering structures, the adoption of the package of laws on fiscal reform on 26 July 2018, 
with  consulting  the  NAC,  have  recently  raised  concerns  at  national  and  international  level. 
The legal  initiatives in  the package include earlier cancelled measures such as a capital  and 
fiscal amnesty (which had been withdrawn from the legislative agenda following cricism from 
the EU and other international partners) and a 'business package', which re-introduces the de-
criminalisation of several economic crimes. 

In  November  2018  Moldova  launched  an  investor  citizenship  scheme,  which  needs  to  be 
closely  monitored  if  used  by  investors  from  visa-required  countries  to  bypass  the  regular 
Schengen visa procedures, posing a migratory and security risk. 

35 

 
 
II.2.2 GEORGIA 

Integrated border management, migration management and asylum 

Detections of illegal border crossing: As regards irregular migration challenges,  according 
to EBCGA data, the number of detections of illegal border crossings of Georgian nationals, 
although very low, showed a decreasing trend in the period between 2015 and (the first half 
of) 2018. 

Detections of illegal border crossing by 
nationals of Georgia 

2018 (1st half) 

2017 

2016 

2015 

63 

85 

119 

239 

Source: FRAN and JORA data (as of 5/09/18) 

Refusal  of  entry  at  the  external  borders:  Between  2016  and  2017  refusals  of  entry 
considerable  increased  by  around  200%,  with  2,655  refusals  recorded  in  2017  compared  to 
810 in 2016. To be noticed that in 2016 there was a decrease of around 40% in comparison 
with  2015.  Greece  is  the  most  affected  country,  followed  by  Poland  which  was  the  top 
country in 2016. 

Refusal of entry 
for nationals of 
Georgia 
Schengen+ 
area 
Greece 
Poland 
France 
Italy 
Lithuania 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

6,050 

3,315 

2,820 

8,965 

8,160 

3,185 

1,330 

810 

2,655 

125 
5,685 
25 
10 
75 

75 
2,885 
15 
15 
145 

75 
2,340 
30 
20 
115 

95 
8,245 
20 
35 
115 

160 
7,250 
30 
60 
110 

210 
1,345 
5 
70 
145 

135 
505 
25 
30 
65 

130 
200 
105 
30 
40 

885 
335 
235 
225 
180 

Eurostat, last update 24/08/18 

Illegal stay: In 2017 the number of Georgian nationals found to be illegally present slightly 
increased (by 11%), with 5,860 illegal stays compared to 5,240 in 2016. The highest number 
of Georgian nationals found to be illegally present in 2017 was registered in Germany.  

Illegal stay by 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
nationals of 
Georgia 

Schengen+ area  

Germany  
France 
Greece 
Italy 
Spain 

6,855 

5,130 

4,380 

5,490 

5,165 

6,550 

5,405 

5,240 

5,860 

605 
410 
2,395 
245 
595 

710 
400 
1,340 
370 
440 

585 
285 
850 
335 
355 

1,085 
390 
795 
445 
290 

1,380  1,580  1,495 
830 
905 
400 
1055 
820 
590 
360 
420 
395 
455 
390 
245 

1,810 
615 
865 
295 
495 

2,030 
910 
800 
350 
345 

Eurostat, last update 22/08/18 

Asylum  applications:  The  number  of  asylum  applications  icreased  in  2017,  with  11,755 
applications  submitted  in  2017  compared  to  8,700  in  2016,  which  is  an  increase  of  around 
35%. Germany is the Member State with the highest number of asylum applications lodged by 
Georgians in 2017, followed by France. The asylum recognition rate considerably decreased 
to 5.48% in 2017 (compared to 14.09% in 2016). 

Yearly total 
number of asylum 
application by 
nationals of 
Georgia 
Schengen+ 
area 
Germany 
France 
Greece 
Sweden 
Switzerland 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

10,985 

7,465 

7,450 

11,620 

9,750 

9,000 

8,110 

8,700 

11,755 

640 
540 
2,170 
370 
640 
EurostatEurostat, last update 24/10/18 

750 
1,435 
1,160 
290 
640 

525 
1,740 
1,120 
280 
400 

1,430 
2,680 
895 
750 
725 

2,485 
2,695 
535 
620 
655 

3,180 
1,610 
350 
805 
465 

3,195 
1,325 
385 
890 
405 

3,770 
1,165 
690 
720 
465 

3,460 
2,100 
1,105 
1,100 
670 

As  regards  monthly  asylum  applications,  in  the  first  half  of  2018  the  number  of  asylum 
applications  lodged  by  Georgians  in  the  Schengen+  area  has  doubled  (9,680  asylum 
applications)  compared  to  the  same  period  in  2017  (4,770).  In  this  period,  France  is  the 
Member State receiving the majority of asylum applications, followed by Germany: 

Monthly asylum 
applications by 
nationals of 
Georgia 
Schengen+ 
area  
France 

2017 
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018M
02 

2018M
03 

2018M
04 

2018
M05 

2018
M06 

2017 
1st 
half 

2018 
1st 
half 

715 

85 

730 

100 

845 

110 

805 

120 

835 

165 

840 

175 

1,885 

1,770 

1,755 

1,545 

1,405 

1,320 

4,770 

9,680 

465 

445 

465 

560 

490 

480 

755 

2,905 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Germany 

Switzerland 

Greece 

Spain 

Italy 

35 

70 

0 

35 

75 

20 

45 

85 

15 

45 
Eurostat, last update 20/11/18 

30 

25 

225 

215 

230 

285 

240 

175 

25 

65 

80 

20 

50 

50 

110 

105 

30 

45 

35 

50 

760 

100 

110 

30 

75 

605 

560 

60 

80 

55 

90 

95 

80 

65 

75 

335 

95 

110 

80 

95 

225 

90 

120 

90 

115 

215 

100 

95 

85 

80 

1,370 

2,700 

240 

510 

180 

215 

540 

595 

405 

530 

The  recognition  rate  for  asylum  requests  lodged  by  Georgian  nationals  was  5.48%  in  2017, 
while in 2016 it was 14,09%.  

Readmission  and  return:  Georgia’s  cooperation  on  readmission  and  return  is  deemed 
excellent  and  efficient  by  the  EU  Member  States  and  the  vast  majority  of  readmission 
requests filed in 2017 were approved by Georgian authorities. After a slight decrease in 2016, 
the number of Georgian nationals ordered to leave increased by 29% from 5,650 in 2016 to 
7,275  in  2017,  which  mirrors  the  increased  number  of  asylum  applications  in  2016.  At  the 
same time the return rate increased from 55.90% in 2016 to 62,47% in 2017. 

2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Return 
rate 

Schengen+ 
area 

Denmark 

Austria 

Germany 

Greece 

6,375 

2,885 

45% 

5,650 

3,155 

56% 

7,275 

4,560 

30 

95 

1,090 

1,240 

15 

N/A 

730 

810 

50% 

N/A 

67% 

65% 

18% 

30 

245 

10 

110 

1,350 

1,180 

830 

1,255 

690 

220 

33% 

45% 

87% 

83% 

18% 

25 

235 

30 

275 

2,280 

1,705 

840 

1,280 

645 

330 

63% 

120% 

117% 

75% 

78% 

26% 

France 

1,500 
Eurostat, last update 21/08/18 

265 

With  EU  support,  Georgia  has  developed  an  Electronic  Readmission  Case  Management 
System (RCMS) currently used by 17 Member States who all expressed satisfaction with its 
use  and  especially  appreciated  the  very  high  rate  of  positive  readmission  requests  and  the 
timely manner in which Georgia handles the applications. More than 90% are handled within 
the limits as stipulated by the EU-Georgia Readmission Agreement. Georgia has introduced 
an electronic travel document (eTD), which as per the 13 September 2018 Ministerial order, 
may be used by Georgia for readmission purposes, alongside the usual printed document. 

So  far,  Georgia  has  signed  Implementing  Protocols  with  Austria,  the  Benelux,  Bulgaria, 
Estonia,  Germany,  Hungary  and  Lithuania.  All  of  these  are  in  force  (the  most  recent  one 
being  the  Benelux  Implementing  Protocol  since  1  June  2018).  The  Implementing  Protocol 
with  Slovakia  was  signed  in  2015  and  will  enter  into  force  once  internal  administrative 
procedures  are  completed.  The  draft  Implementing  Protocols  with  the  Czech  Republic  and 

38 

 
 
 
 
 
 
 
 
 
Poland  are  ready  for  signature.  Furthermore  Georgia  is  currently  negotiating  Implementing 
Protocols with Greece, Latvia, Malta, Portugal, Romania and Spain. 

Georgia  has  signed  bilateral  readmission  agreements  with  Ukraine,  Switzerland,  Norway, 
Denmark, Moldova, Belarus and Iceland (the latter was signed on 22 September 2017 but is 
not  in  force  yet).  Negotiations  on  readmission  agreements  with  Bosnia  and  Herzegovina, 
Azerbaijan,  Serbia,  Montenegro  and  Pakistan  are  ongoing.  Georgia  has  proposed  to  initiate 
the negotiations of readmission agreements with 25 countries in Western and Northern Africa, 
Somalia, Central Asia, Indian subcontinent, China, Middle East, Iran and Iraq. 

Visa  free  travel  for  Georgian  nationals  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 2017  and 1 September 2018, around 
291,943 Georgian nationals enjoyed the visa free travel to the Schengen area. 

In order to address the issue of increased  asylum applications by Georgian nationals in the 
Schengen+  area,  Georgia  has  introduced  legislative  changes.  An  important  step  was  the 
amendment of the Georgian Law on Civil Acts, setting out stricter terms and conditions for 
changing the last name, adopted by the Georgian Parliament in April 2018. 

The  government  is  looking  into  further  legislative  measures  to  address  irregular  migration 
through stricter criminal and administrative penalties. Two draft laws are being considered 
by the Georgian Parliament. One presents amendments to the Criminal Code of Georgia that 
aims  to  impose  criminal  penalties  for  persons  (physical  and  legal)  who  encourage  irregular 
migration  of  Georgian  nationals  for  financial  remuneration.  The  second  one  envisages 
amendments to the Law on the Rules of Georgian Citizen's Entry Into and Exit from Georgia, 
in  order  to  grant  the  Georgian  border  guards  the  mandate  to  stop  Georgian  nationals  from 
traveling to the Schengen+ area, based on the criteria required and applicable.  

The Georgian authorities are also stepping up their efforts in the area of border management 
by  increasing  the  level  of  border  controls  upon  exit.  The  cooperation  with  the  EBCGA  is 
being  expanded  and  consultations  to  sign  a  new  working  arrangement  on  operational 
cooperation  are  ongoing.  The  working  arrangement  aims  at  joint  risk  analysis,  information 
exchange mechanisms, common training standards and increasing the Georgian participation 
in joint operations and return procedures. 

Information  campaigns  on  the  rights  and  obligations  under  the  visa-free  regime  with  a 
particular  focus  on  preventing  the  abuse  of  EU  asylum  procedures  are  being  conducted 
throughout the country. The third wave of EU funded 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.  An  Eastern  Partnership  panel  focusing 
specifically on the information campaigns was organised in Georgia in October 2018 to take 
stock of the state of play and to share best practices among the Eastern Partnership countries. 

39 

 
 
 
 
 
 
 
 
In  2018,  the  Patrol  Police  Department  went  through  institutional  reforms.  As  a  result,  the 
Main Division for Border Management and Coordination was established, uniting the Border 
Management Unit and all Border-Crossing Points. The reform contributed to the effectiveness 
and  centralisation  of  the  border  management  in  Georgia.  In  June  2018,  the  wanted  persons 
database  was  integrated  into  the  border  crossing  points  and  on  7  July  2018  the  Ministry  of 
Internal  Affairs’ Academy hosted a seminar on the electronic  connection to  the information 
database of INTERPOL. 

Regarding  asylum  applications  by  third-country  nationals  in  Georgia,  the  significant 
number of these asylum applications was rejected by Georgian authorities based on national 
security  considerations.  This  remains  a  concern.  Between  January  and  August  2018,  35 
applicants were granted the status of refugee or humanitarian status, whereas 409 applications 
were  rejected.  156  applications  for  international  protection  were  rejected  based  on  national 
security  considerations.  Despite  a  decreasing  trend  and  a  positive  change  in  practice  since 
August 2018 (inter alia allowing asylum-seekers and beneficiaries of international protection 
to  have  access  to  minimal  information  on  which  the  negative  decision  is  based),  Georgia 
needs  to  ensure  that  the  appropriate  legal  and  procedural  guarantees  are  in  place  for  an 
effective legal remedy in such cases, ensuring the right balance between respect for the human 
rights of applicants and state security interests. 

Public order and security 

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.  These  groups  are highly mobile and involved in 
organised property crime (particularly organised burglaries and thefts), but also in corruption, 
document fraud, extortion and racketeering. Their control of the criminal markets is gradually 
increasing. In recent years Georgian authorities were successful in dismantling OCGs based in 
Georgia.  This  resulted  in  a  significant  number  of  prosecutions  or  alternatively,  departure  of 
the  OCG  members  abroad,  mainly  to  Greece,  Italy,  Germany,  France  and  the  Baltic  States. 
Georgian OCGs operating in the EU Member States should be a priority area for cooperation 
in reducing their impact in the EU.  

During  the  first  half  of  2018,  several  cases  involving  Georgian  criminals  producing  and 
supplying ID documents to irregular migrants attempting to enter the EU have been reported 
to Europol. Georgia remains a transit country for various illicit commodities trafficked to the 
EU, in particular drugs (heroin being the main concern). The country is increasingly used to 
launder illicit proceeds generated by OCGs in the EU and has been emerging as a transit area 
for  laundered  criminal  proceeds  flowing  from  Europe  to  the  ultimate  beneficiaries  and 
organisers of fraud schemes located in Israel, China and Hong Kong. 

40 

 
 
 
 
 
 
The  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 increased considerably and has more than doubled between the first and 
second half of 2017 (from 44 to 102) but remained stable between the second half of 2017 and 
first half of 2018 (108 compared to 102). This will require monitoring. 

Art. 26 SIS alerts 

Georgia 

Georgia 

Georgia 

2017 
M01 
7 
2017 
M07 
11 
2018 
M01 
15 

2017 
M02 
13 
2017 
M08 
30 
2018 
M02 
29 

2017 
M03 
10 
2017 
M09 
15 
2018 
M03 
21 

2017 
M04 
2 
2017 
M10 
19 
2018 
M04 
20 

2017 
M05 
10 
2017 
M11 
14 
2018 
M05 
14 

2017 
M06 
2 
2017 
M12 
13 
2018 
M06 
9 

Total 1st 
half 2017 
44 
Total 2nd 
half 2017 
102 
Total 1st 
half 2018 
108 

In  May  2017,  a  new  National  Strategy  for  Combating  Organised  Crime  2017-2020  and 
accompanying  Action  Plan  2017-2018  were  adopted.  These  documents  focus  on:  the  fight 
against  so-called  “thieves-in  law”,  drug-transit  and  cybercrime,  including  by  implementing 
police reforms  and improving international  cooperation. The EU is  supporting reforms  by  a 
project launched in September 2018, focusing on the prevention of and fight against organised 
crime.  The  Ministry  of  Interior  continues  the  reforms  started  in  2015  to  introduce 
intelligence-led policing and build a unified crime analysis system, which are key aspects of 
the  fight  against  organised  crime.  On  18  April  2018,  two  amendments  were  made  to  the 
Georgian  Law  on  Organised  Crime  and  Racketeering,  Criminal  Code  and  Civil  Procedure 
Code,  extending  the  criminal  jurisdiction  over  these  crimes.  Georgia  may  now  exercise 
criminal jurisdiction over such crimes when perpetrated abroad by a Georgian citizen or by a 
stateless person with legal status in Georgia. 

Regarding  the  fight  against  illicit  drugs,  a  new  National  Action  Plan  was  adopted  in 
December  2016  and  a  new  legislative  package  aimed  at  implementing  rulings  of  the 
Constitutional Court13 was adopted on 26 July 2017. In March 2018 the Constitutional Court 
further  abolished  criminal  sanctions  for  cannabis  use  and  in  July  2018  it  also  abolished 
administrative penalties. The Parliament is considering a legislative package to comply with 
these last Constitutional Court's decisions while at the same time setting clear provisions for 
the use of cannabis. In parallel, the Government proposed a bill to allow for the production of 
cannabis for medical exports, but this has been blocked in the Parliament. 

According  to  the  Memorandum  of  Understanding  signed  with  the  European  Monitoring 
Centre  for  Drugs  and  Drug  Addiction  (EMCDDA),  Georgia  set  up  the  National  Drug 
Situation Monitoring Centre in March 2018, though it is not yet fully functional. 

13  The  Constitutional  Court  on  (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. 

41 

 
 
 
 
 
 
                                                           
Further  legislative  steps  have  been  taken  against  money  laundering  and  financing  of 
terrorism. The Georgian Organic Law on the National Bank was amended in January 2018. It 
widened the powers of the National Bank in the field of bank licensing and annulation of the 
license.  In  addition,  it  made  the  regulations  for  the  other  financial  institutions  to  enter  the 
financial market more stringent. The changes in the legislation to prevent money laundering 
also  increased the fines  for violation of obligations envisaged by the anti-money laundering 
legislation. 

Cybercrime  emanating  from  Georgia  has  limited  impact  on  the  EU.  However,  some 
Georgian cybercriminals are operating banking malware which has targeted the EU. 

As regard the  law enforcement  cooperation, Georgia signed  a number of law enforcement 
agreements and Memoranda of Understanding with several key EU Member States and other 
third  countries  in  2016-201714.  Georgia  now  has  such  agreements  with  16  countries.  The 
International Criminal Cooperation Centre (ICCC) created within the Central Criminal Police 
Department is responsible for ensuring cooperation in the fight against international crime and 
for coordinating activities through police attachés and liaison officers15.  

The  Operational  and  Strategic  Cooperation  Agreement  with  Europol  was  signed  in  April 
2017 and entered into force in July 2017. In addition, the negotiations of a Memorandum of 
Understanding  on  confidentiality  and  information  assurance  are  ongoing.  The  negotiations 
between Georgia and Europol on the update of Annex 1 to the Europol Agreement have been 
concluded  and  this  update  is  in  force  since  21  March  2018.  The  Memorandum  of 
Understanding  on  the  Secure  Communication  Line  (SIENA)  entered  into  force  on  20  June 
2018.  Georgia  designated  the  International  Criminal  Cooperation  Centre  of  the  Central 
Criminal Police Department of the Ministry of Interior as a National Contact Point. Georgia 
has posted a liaison officer to the Europol Headquarters in September 2018.  

The  negotiation  of  a  Cooperation  Agreement  with  Eurojust  has  been  finalised.  The  EU 
internal interinstitutional procedures are currently pending in order to allow the signature and 
entry into force. 
Overall  Georgia  has  a  good  track  record  in  implementing  anti-corruption  reforms.  The 
results of this policy continued to be reflected in international ratings, though showing a slight 
decrease  in  comparison  with  the  previous  year  as  some  concerns  on  high-level  corruption 
persist.  In  the  2017  Transparency  International  corruption  perception  index,  Georgia  scored 
56/100  (compared to  57/100  in  2016), though still ahead of other countries in  the European 

14   This  includes  Slovakia,  several  German  States  (Länder)  –  Rhineland-Palatinate,  Saxony,  Baden-
Wurttemberg,  Hessen  –  Sweden,  Hungary,  Lithuania,  Latvia,  Greece,  Italy,  Belarus  Kyrgyzstan  and 
Armenia. 

15   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). 

42 

 
 
 
 
 
                                                           
Neighbourhood. The 2016 World  Bank  Governance  Indicators (WBGI) corruption indicator 
for Georgia is 74 in 2016 (compared to 75 in 2015 and 76 in 2014). 

The  verification  mechanism  for  asset  declarations  introduced  in  January  2017  is  being 
effectively implemented. In 2017, 5,800 officials were to submit asset declarations. The ratio 
set by law was checked, as well as three declarations checked upon third parties request; in 
total  287  declarations.  Out  of  these  287  declarations,  20%  were  assessed  as  compliant.  The 
remaining 80% (231) were not compliant, largely (224) because of error or inconsistency and 
the  concerned  officials  were  automatically  fined  GEL  1,000  (an  amount  set  by  Law).  7 
declarations were eventually forwarded to the State Prosecutor’s Office for investigation. The 
system will operate at full scale once the independent selection Commission is established as 
the ratio of checked declarations will then be doubled. A new EU twinning project will further 
support  the  strengthening  of  the  verification  mecanism  in  this  regard.  An  Asset  Recovery 
Office  (ARO)  is  not  yet  established  in  Georgia  though  Georgia  has  designated  the  Unit  of 
European  Integration  and  Cooperation  with  International  Organisations  of  the  Chief 
Prosecutor’s Office as ARO in July 2018. This is in the process of reviewing its capabilities as 
an ARO to identify areas for further improvement. 

II.2.3 UKRAINE 

Integrated border management, migration management and asylum 

Detections of illegal border crossing: As regards irregular migration challenges,  according 
to EBCGA data, the number of detections of illegal border crossings of Ukrainian nationals 
has shown a decreasing trend in the period between 2015 and 2018 (first half). 

Detections of illegal border crossing by 
nationals of Ukraine 

2018 (1st half) 

2017 

2016 

2015 

64 

169 

208 

159 

Source: FRAN and JORA data (as of 5/09/18) 

Refusal  of  entry  at  the  external  borders:  Between  2016  and  2017  refusals  of  entry  for 
Ukrainian nationals increased by 47% (with 33,105 refusals in 2017 and 22,495 in 2016). The 
most-affected  Member  State  remained  Poland,  followed  by  Hungary  which,  interestingly, 
refused the entry to 2,980 Ukrainians in 2017 while no refusal was recorded in 2016. 

Refusal of entry for 

nationals of Ukraine 
Schengen+ 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

43 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
area 
Poland 
Hungary 
Romania  
Slovakia 
Lithuania 
Eurostat, last update 24/08/18 

19,100  18,725  16,115  18,345  16,775  15,585  23,795  22,495  33,105 
12,800  11,095  9,115  12,555  12,060  11,185  19,020  18,775  25,255 
2,980 
2,190 
3,710 
1,715 
1,000 
935 
925 
395 
750 
365 
60 
105 

4,560 
1,125 
550 
60 

0 
1,490 
705 
345 

1,825 
1,090 
440 
330 

2,985 
1,320 
530 
55 

2,040 
855 
410 
70 

4,780 
1,190 
790 
100 

Illegal  stay:  In  2017,  the  number  of  Ukrainian  nationals  found  to  be  illegally  present 
increased  by  13%  up  to  33,485,  compared  to  29,570  in  2016.  The  most  affected  Member 
States are Poland, Hungary, Germany, Slovakia and the Czech Republic.  

Illegal stay by nationals of 

2009 

11,150 

Ukraine 
Schengen+ 
area 
Poland 
Hungary 
Germany  
Slovakia 
Czech Republic 
Eurostat, last update 22/08/18. 

2,070 
1,290 
1,155 
410 
1,500 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

10,750 

12,240 

12,440 

12,265 

16,520 

23,480 

29,570 

33,485 

1,885 
1,940 
1,070 
365 
955 

3,995 
1,965 
1,095 
370 
1,125 

4,800 
1,680 
1,280 
335 
1,065 

5,210 
1,905 
1,265 
355 
890 

7,455  11,885  17,445  19,815 
3,955 
1,695 
2,405 
1,455 
1,740 
500 
1,510 
1,020 

3,620 
2,270 
1,165 
1,550 

2,820 
2,550 
785 
1,225 

Asylum  applications:  The  number  of  Ukrainian  asylum  seekers  in  the  Schengen+  area 
decreased  from  12,460  in  2016  to  10,075  in  2017  (constituting  a  19%  decrease).  The  most 
affected Member States were Spain, Italy, Germany, Poland, France and Sweden. The asylum 
recognition rate decreased to 16.24% in 2017 (compared to 20.41% in 2016). 

Yearly total number of asylum 

application by nationals of 

2009 

2010 

2011 

2012 

2013 

2014 

2015 

2016 

2017 

Ukraine 
Schengen+ 
area 
Italy 
Spain 
Germany  
France 
Poland 
Sweden 

915 

805 

920 

1,090 

1,020 

14,090 

22,100 

12,460 

10,075 

10 
10 
85 
75 
35 
130 

20 
5 
70 
90 
45 
120 

20 
10 
55 
100 
65 
190 

35 
20 
135 
145 
70 
130 

35 
15 
150 
135 
45 
170 

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

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

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

2,745 
2,260 
1,325 
685 
670 
495 

Eurostat, last update 24/1018 

44 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
As  regards  monthly  asylum  applications,  in  the  first  half  of  2018  the  number  of  asylum 
applications slightly decreased, with 4,710 asylum applications lodged (accounting for about 
9%  of  all  applicants  from  visa  liberalisation  countires)  compared  to  5,280  during  the  same 
period  of  2017  (constituing  an  11%  decrease).  In  the  first  half  of  2018,  a  third  of  the 
Ukrainian  applications  were  lodged  in  Italy,  followed  by  Spain,  Germany,  France  and 
Sweden.  

Monthly 
asylum 
application
s by 
nationals of 
Ukraine 
Schengen+ 
area 
Italy 

Spain 

Germany 

France 

Sweden 

2017
M01 

2017
M02 

2017
M03 

2017
M04 

2017
M05 

2017
M06 

2018
M01 

2018
M02 

2018
M03 

2018
M04 

2018
M05 

2018
M06 

2017 
1st half 

2018 
1st half 

840 

910 

970 

710 

920 

930 

810 

715 

770 

740 

890 

180 

275 

85 

50 

40 

230 

270 

85 

55 

45 

260 

235 

135 

60 

45 

155 

165 

120 

40 

40 

280 

185 

150 

55 

60 

255 

220 

150 

60 

30 

235 

180 

105 

75 

35 

285 

130 

95 

35 

50 

270 

135 

110 

75 

55 

225 

165 

100 

55 

55 

275 

200 

155 

60 

40 

785 

260 

215 

90 

55 

35 

5,280 

4,710 

1,360 

1,350 

725 

320 

260 

1,550 

1,025 

655 

355 

270 

Eurostat, last update 20/11/18 

Readmission  and  return:  The  cooperation  with  Ukraine  on  readmission  remains  good, 
which  is  proved  by  both  qualitative  assessment  of  the  EU  Member  States  during  the  Joint 
Readmission Committee meeting, and by a high return rate (79% in 2017). The latter remains 
stable  despite  a  surge  of  return  decisions  issued  in  the  Schengen+  area  in  the  last  years  to 
Ukrainian nationals (32,135 in 2017 compared to 26,875 in 2016). A large majority of returns 
are  voluntary  (around  90%)  or  –  where  stipulated  in  the  readmission  agreement  –  are 
processed without a readmission application or under accelerated procedure. The number of 
detection  of  Ukrainians  illegally  crossing  the  border  remains  low  (64  in  2018),  and  most 
irregular migration stems from overstay. Positive experience is also reported with respect to 
readmission  of  third-country  nationals  by  the  Ukrainian  authorities.  The  11th  Joint 
Readmission  Committee  meeting  held  on  28  September  2018  took  account  of  the  proper 
implementation  of  the  EU-Ukraine  Readmission  Agreement,  and  agreed  on  ways  to  handle 
remaining  practical  issues.  In  2017  similar  to  2016,  most  return  decisions  were  issued  by 
Poland, the Czech Republic, Slovakia, Germany and Sweden.  

2015 

Returned 

Ordered 
to leave 

Return 
rate 

Ordered 
to leave 

2016 

Returned 

Return 
rate 

Ordered 
to leave 

2017 

Returned 

Return 
rate 

19,165 

14,665 

77% 

26,875 

22,225 

83% 

32,135 

25,330 

79% 

655 

125 

15 

645 

N/A 

10 

98% 

N/A 

67% 

475 

155 

10 

885 

200 

15 

186% 

129% 

150% 

420 

305 

15 

1,055 

430 

15 

251% 

141% 

100% 

Schengen+ 
area 

Belgium 

Austria 

Bulgaria 

45 

 
 
 
 
 
 
 
Latvia 

Estonia 

Poland 

Slovakia 

220 

120 

200 

0 

10,780 

10,410 

770 

740 

91% 

0% 

97% 

96% 

265 

105 

255 

75 

16,170 

15,360 

1,160 

1,105 

96% 

71% 

96% 

95% 

225 

145 

220 

140 

18,805 

17,735 

1,730 

1,420 

98% 

97% 

94% 

82% 

Eurostat, last update 21/08/18. 

According  to  figures  received  from  the  Ukrainian  authorities,  the  total  number  of  entries  of 
Ukrainian nationals  to  the Schengen  area between 11 June 2017 and 1 September 2018 was 
25.9  million.  Of  these,  six  million  entries  were  with  biometrical  passports  and  1.3  million 
entries to the Schengen area were without visas (5% of the total). 

Regarding  integrated  border  management,  the  reform  of  the  State  Border  Guard  Service 
(SBGS) continues with the Strategy for the Development of the SBGS and a reform of border 
divisions, including the separation of border checks and surveillance functions. Nevertheless, 
integrated border management remains a challenge and inter-agency cooperation insufficient. 
A mid-term evaluation of the current integrated border management strategy was completed 
and the drafting of a new strategy 2020-2025 and accompanying action plan is envisaged by 
spring 2019. The set-up of an Inter-Agency Working Group on integrated border management 
remains  to  be  finalised  by  the  Cabinet  of  Ministers.  The  Working  Group  should  improve 
coordination with the Virtual Contact Analytical Centre, tasked with coordinating operational 
policies  on  integrated  border  management.  Ukraine  initiated  joint  border  patrols  with 
neighbouring countries and operates joint border crossing points with Moldova. 

Ukraine  has  concluded  a  working  arrangement  with  EBCGA  for  enhancing  operational 
cooperation. 

Public order and security 

The OCGs originating from Ukraine continue to be involved in excise fraud, particularly the 
production and smuggling of illicit tobacco products to the EU. The OCGs remain involved in 
corruption,  drug  trafficking,  organised  property  crime,  excise  fraud,  money  laundering  and 
contract killings.  

According to Europol, cybercrime originating from Ukraine continues to increase, not only 
in its scale, but also in the sophistication of the plots and attacks.  

In response to  challenges to  cybersecurity,  a new Ukrainian law entered into force in  May 
2018. The law prescribes the set-up of a State Cyber Defence Centre and government team for 
responding  to  computer  emergencies  and  analysing  data  on  cyber  incidents.  A  National 
Cybersecurity Strategy and a Decision instructing the Cabinet of Ministers to implement the 
Convention on Cybercrime were adopted in 2016. Although the general legislative framework 
is  in  place,  the  implementation  suffers  from  a  lack  of  coordination  and  delineation  of  tasks 

46 

 
 
 
 
 
 
 
 
 
among  government  agencies.  Concerns  were  also  raised  as  regards  the  balance  between 
citizens' rights to privacy and the need to grant intelligence agencies access to personal data. 
The  National  Police  department  has  been  set-up  to  combat  cybercrime  but  its  capacity 
remains  limited.  Europol’s  Internet  Organised  Crime  Threat  Assessment  (iOCTA)  concept 
has been introduced and the preparation of a national assessment is in process. 

Germany  frequently  reports  the  smuggling  of  irregular  migrants  of  Ukrainian  nationality 
into  Germany  by  abusing  the  visa-free  travel.  Migrant  smuggling  networks  facilitate  these 
trips with the intention to overstay the period granted for visa-free travel in Germany. Europol 
supported  an  investigation  by  the  Finnish  Border  Guard  targeting  a  migrant  smuggling 
network  which  smuggled  Ukrainian  nationals  into  Finland.  Similar  schemes  have  been 
reported in connection with the sexual exploitation of Ukrainian women. 

The number of cases of arms trafficking from Ukraine into the EU observed by Europol is 
quite  limited.  However,  the  availability  and  easy  access  of  current  conflict  munitions  in 
Ukraine might represent a significant risk to the security of the EU in the near future. 

While  Ukraine  has  undertaken  some  steps  to  combat  trafficking  in  human  beings  and  arms 
and drug trafficking, the overall capacity remains low and policy recommendations remain to 
be implemented. A working plan on combatting illicit arms trafficking was agreed in the wake 
of an EU-Ukrainian technical roundtable (EMPACT Firearms) in March 2017 but remains to 
be followed up. A National Anti-Drug Strategy and its related Action Plan were adopted for 
2015-2020 but implementation lags behind. 

The  number  of  alerts  created  by  Member  States  in  the  Schengen  Information  System  (SIS) 
based on Article 26 was stable between the first and second half of 2017 (78 compared to 80) 
and increased in the first half of 2018 (101 compared to 78). This will require monitoring. 

Art. 26 SIS alerts 

Ukraine 

Ukraine 

2017 
M01 

3 
2017 
M07 

22 
2018 
M01 

2017 
M02 

14 
2017 
M08 

7 
2018 
M02 

2017 
M03 

11 
2017 
M09 

12 
2018 
M03 

Ukraine 

15 

13 

40 

2017 
M04 

10 
2017 
M10 

13 
2018 
M04 

15 

2017 
M05 

20 
2017 
M11 

16 
2018 
M05 

7 

2017 
M06 

22 
2017 
M12 

8 
2018 
M06 

11 

Total 1st 
half 2017 
80 
Total 2nd 
half 2017 
78 
Total 1st 
half 2018 
101 

The State Bureau of Investigation (SBI), which deals with crimes committed by top-ranking 
officials, started its work on 27 November 2018, opening its first criminal  proceedings. The 
SBI currently has about 300 investigations and filled 23 out of 57 top management positions. 

47 

 
 
 
 
 
 
 
 
 
 
 
It  will  be  important  to  swiftly  make  the  new  agency  fully  operational  while  taking  further 
measures to ensure its independence. 

The  special  unit  to  fight  organised  crime  within  the  National  Police  of  Ukraine  (NPU)  was 
dismantled  in  2015  and  has  only  recently  been  replaced  by  a  new  organised  crime  fighting 
department.  An  overarching  Strategy  on  Combatting  Organised  Crime  and  an  action  plan, 
based on a Serious and Organised Crime Threat Assessment (SOCTA) are due to be approved 
by the National Security and Defence Council. Regional Organised Crime Task Forces will be 
established  in  order  to  increase  the  coordination  between  law  enforcement  agencies  at 
regional  level.  All  in  all,  the  new  department  remains  to  be  properly  staffed  and  trained  to 
become fully operational. 

Ukraine  is  currently  negotiating  a  working  arrangement  with  CEPOL.  Ukraine  ratified  a 
agreement  with  Europol  on  Operational  and  Strategic  Cooperation  In  September  2017,  the 
Cooperation  Agreement  with  Eurojust  entered  into  force  and  a  Liaison  Prosecutor  has  been 
appointed to Eurojust as of August 2018.  

Ukraine does not  currently have an effective  witness protection  program  and instead relies 
on short-term physical protection. An inter-agency working group on Witness Protection was 
established in order to move forward with the establishment of dedicated capacities disposing 
of a separate budget and clear rules for protection, relocation and change of identity. There is 
also a need to establish an effective mechanism for victim and whistle-blower protection. A 
draft law on witness protection has been registered in the Ukrainian Parliament in June 2018 
and  a  small  witness  protection  unit  has  been  set  up  within  the  new  organised  crime 
department. 

A Law on National Security was adopted in July 2018, including provisions on parliamentary 
oversight also towards the Security Service of Ukraine (SSU). The framework law contains an 
exhaustive  list  of  SSU  competencies  which  no  longer  includes  the  right  to  conduct  broad 
economic  investigations.  This  represents  a  first  step  to  move  away  from  ordinary  law 
enforcement  functions  and  focus  the  SSU's  mandate  exclusively  on  the  field  of  counter-
terrorism, counter-intelligence and the protection of state secrets. However, in order for these 
changes to become effective, amendments to the dedicated SSU law will have to be made. An 
SSU reform concept developed in 2016 in cooperation with international partners contains all 
necessary elements for developing these amendments in line with international standards. In 
the fight against terrorism, the SSU disposes of analytical and coordination capacities and a 
specialised response force. SSU indicates cooperation with some 60 similar foreign services, 
in particular counterparts in NATO and EU countries.  

Reforms  have  advanced  in  the  prevention  and  fight  against  corruption  albeit  at  a  slower 
pace  over  past  year.  Work  to  set-up  of  the  High  Anti-Corruption  Court  (HACC)  has  been 
making good progress, while the attacks against anti-corruption civil activists continued. The 

48 

 
 
 
 
 
 
 
establishment  of  the  HACC  will  complete  the  set-up  of  the  anti-corruption  structure  and 
should unblock some of the pending proceedings currently stalled at ordinary courts. 

Progress  has  been  made  in  the  establishment  of  the  HACC.  In  June  2018,  the  Parliament 
adopted a respective law, with final amendments to bring it in line with Venice Commission 
recommendations and IMF demands passed one month later. The selection process for Anti-
corruption  judges  was  launched  in  August  2018  and  by  the  deadline,  343  applications  had 
been received for 39 advertised positions. A minimum of 35 judges will have to be selected 
for the HACC to  become operational.  A Public Council of  International  Expert (PCIE) will 
have  an  important  role  in  the  selection  procedure,  designed  to  avoid  the  selection  of 
questionable judges. On 7 November 2018, the six members of the PCIE have been selected 
by  the  High  Qualification  Commission  of  Judges  (HQCJ)  out  of  12  international  experts 
nominated  by  international  organisations,  including  the  EU.  The  selection  of  initial  HACC 
judges  is  envisaged  to  be  finalised  in  early  2019.  However,  the  international  experts  do  not 
have sufficient access to information to adequately play their role in the selection process. 

The  other  anti-corruption  institutions:  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) 
continue  to  be  operational.  However  concerns  remains  relating  to  the  effectiveness  and 
independence  the  National  Anti-Corruption  Bureau  (NABU),  the  Specialised  Anti-
Corruption Prosecution (SAP). 

By  October  2018,  NABU  has  investigated  in  total  of  644  corruption-related  cases,  out  of 
which 155 have been submitted to court but only 21 have been adjudicated. Often, ordinary 
courts are reluctant to take up corruption-related cases, which thus progress slowly, frustrating 
public expectations and making NABU vulnerable to criticism. NABU's effectiveness would 
be  further  improved  with  independent  access  to  wire-tapping,  which  would  reduce  the 
bureau's dependency on the SSU (the SSU has disrupted NABU operations in the past and its 
leadership is under investigation by NABU). Legal constraints resulting from the shortening 
of  time-limits  for  investigations  originally  introduced  in  2017  have  been  reinforced  with 
additional  legislation  in  September  2018.  To  be  noted  that  the  massive  more  than  USD  5 
billion)  at  PrivatBank  remains  today  not  effectively  prosecuted.  NABU’s  ability  to  conduct 
effective  investigations  into  complex  corruption  cases  is  also  hampered  by  the  failure  of 
NACP to grant direct and automated access to its e-declaration database. 

Pressure against NABU has continued over the past year and investigations have been opened 
against its head due to the alleged disclosure of classified information on ongoing cases. The 
pending audit of NABU raises concerns due to the politically driven appointment of auditors, 
which threatens to undermine NABU’s leadership. 

NABU's work is further complicated by deteriorating relations with the SAP in the wake of 
accusations  against  the  head  of  SAP  in  April  2018.  The  Qualification  and  Disciplinary 

49 

 
 
 
 
 
 
 
Commission of the Prosecutor General Office (QDCP), despite having received evidence that 
head  of  SAP  committed  gross  violation  of  prosecutorial  ethics,  issued  only  a  reprimand 
instead of dismissal. As a result, the reputation of SAP is severely damaged, and its ability to 
deliver independent work and to trustfully cooperate with NABU is heavily compromised.  

There has been some progress in the establishment of an automatic verification system for 
electronic asset declarations of persons authorised to perform functions of the state and local 
self-government,  the necessary verification software was put  into operation and connections 
to  ten state registers (out  of 16) for cross-checking of information  in  the e-declarations was 
established.  

As of October 2018, a total of 2.7 million declarations have been registered in the electronic 
declaration system managed by the NAPC. However, progress in their verification remains 
very  slow.  NAPC  has  not  yet  produced  a  convincing  track  record  of  effectively  verified 
declarations  of  high-level  officials.  An  automatic  verification  tool  that  introduces  a  pre-
screening  and  flags  declarations  with  high  risk  was  handed  over  to  the  NAPC  and  on 
24 September 2018, the module received data security certification from the State Service of 
Special Communication and Information Protection.  

The  NACP  has  developed  technical  protocols,  to  enable  the  automatic  exchange  of 
information with the relevant authorities (so-called register holders), in order  to cross-check 
the data provided in asset declarations. On this basis, the NACP has established connections 
with 10 out of 16 state registers. Out of the remaining six registers, held  by the Ministry of 
Justice,  connections  to  three  registers  are  being  established  and  will  be  operational  shortly. 
Connections  to  the  remaining  three  registers  will  be  established  as  soon  as  the  Ukrainian 
Parliament adopts the necessary legislative changes that have already been submitted to it. 

The  regulatory  framework  is  currently  overly  restrictive,  notably  limiting  the  ability  for  in-
depth  verification  of  electronic  declarations  due  to  short  time  frames,  and  risking  possible 
impunity of declarants by precluding the possibility of reopening verification decisions if new 
circumstances become known. While this is an important step forward, further work is needed 
for  the  effective  functioning  of  the  verification  system,  among  others  by  developing  an 
adequate regulatory framework and by ensuring that all relevant state registers are included in 
the automatic verification process. 

Despite  clear  political  commitments,  Ukraine  has  so  far  failed  to  revoke  the  legislative 
amendments  from  March  2017  to  extend  the  scope  of  declarants  to  include  among  others 
anti-corruption  activists.  The  continued  attacks,  some  of  them  fatal,  over  the  past  months 
against activists exposing corruption are raising concerns. Investigations into these attacks are 
slow and their instigators are rarely brought to justice. 

The  National  Agency  of  Ukraine  for  finding,  tracing  and  management  of  assets  derived 
from  corruption  and  other  crimes  (ARMA)  continued  to  build  up  its  capacities.  It  will  be 
important  to  quickly  fill  existing  gaps,  increase  its  capacity  and  ensure  automated  access  to 
relevant  databases  to  allow  for  effective  operations.  It  has  engaged  in  cooperation  with 
50 

 
 
 
 
 
numerous international partner organisations and has become a national  contact point of the 
Camdem Assets Recovery Interagency Network in Europe (CARIN), Interpol and StAR. To 
dispel  doubts  on  its  independence,  the  transparency  of  its  operations  should  be  further 
improved,  including  on  arrangements  for  the  management  and  sale  of  seized/confiscated 
assets.  

51 

 
 
 
 
III. ANNEX – STATISTICS 

III.1 IRREGULAR MIGRATION 

Detections of illegal border crossings 

Schengen+ area 

Albania 
Bosnia and Herzegovina 
Georgia 
Moldova 
Montenegro 
Serbia 
Former Yugoslav Republic of 
Macedonia 
Ukraine 
Grand Total 
Source: FRAN and JORA data (as of 5/09/18)  

2015 
9,459 
150 
239 
60 
15 
200 

2016 
5,475 
89 
119 
25 
4 
107 

2017 
7,401 
85 
85 
38 
4 
84 

51 

19 

27 

159 
10,333 

208 
6,046 

169 
7,893 

2018 (1st half) 
2,905 
16 
63 
11 
1 
44 

1 

64 
3,105 

Third country nationals refused entry 
at the external borders 
Albania 
Ukraine 
Serbia 
Moldova 
Bosnia and Herzegovina 
Former Yugoslav Republic of Macedonia 
Georgia 
Montenegro 
Eurostat, last update 24/08/18 

Third country nationals found  
to be illegally present 

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

Eurostat, last update 22/08/18 

Schengen+ area 

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

2017 
34,310 
33,105 
8,070 
7,270 
5,145 
3,200 
2,655 
545 

Schengen+ area 

2016 
33,445 
29,570 
11,180 
7,660 
4,595 
5,240 
3,645 
570 

2017 
37,325 
33,485 
14,665 
8,785 
6,555 
5,860 
4,135 
810 

52 

 
 
 
 
 
 
 
 
 
 
 
 
 
III.2 ASYLUM 

Total number of asylum applications 

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

Montenegro 
Eurostat, last update 24/10/18 

Schengen+ area 

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

1,830 

2015 
24,070 
11,755 
10,075 
8,325 
6,890 
2,790 
1,610 

970 

Monthly 
number of 
asylum 
applications 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M4 

2017 
M5 

2017 
M6 

2018 
M01 

2018 
M02 

2018 
M03 

2018 
M04 

2018 
M05 

2018 
M06 

Schengen+ area 

Albania 

2,015 

1,660 

2,370 

2,240 

2,180 

2,170 

1,500 

1,350 

1,580 

1,405 

1,350 

1,340 

Serbia 

860 

730 

940 

720 

580 

545 

895 

620 

660 

575 

355 

355 

Former 
Yugoslav 
Republic of 
Macedonia 
Bosnia and 
Herzegovina 

590 

575 

945 

705 

475 

570 

505 

385 

450 

405 

330 

285 

310 

270 

365 

190 

170 

180 

235 

190 

195 

180 

110 

170 

Montenegro 

120 

75 

Moldova 

265 

130 

80 

85 

105 

50 

85 

85 

65 

85 

75 

70 

40 

25 

35 

115 

235 

275 

280 

220 

280 

375 

Ukraine 

840 

910 

970 

710 

920 

930 

810 

715 

770 

740 

890 

785 

Georgia 

715 

730 

845 

805 

835 

840 

1,885 

1,770 

1,755 

1,545 

1,405 

1,320 

Eurostat, last update 20/11/18 

53 

 
 
 
 
 
 
 
Decisions on asylum 
applications16 

Total  
decisions 

2016 
Total  
positive 
decisions 
1,635 
615 

Schengen+ area 

Recognition  
rate 

Total  
decisions 

2017 
Total  
positive 
decisions 
2,355 
520 

2.12% 
1.57% 

77,095 
39,105 

45,350 
16,110 

Albania 
Serbia 
Former Yugoslav 
Republic of 
Macedonia 
Ukraine 
Bosnia and 
Herzegovina 
Georgia 
Montenegro 
Moldova 
 Eurostat, last update: 5/10/18 for first instance decisions, and 13/06/18 for final decisions 

3.10% 
14.09% 
0.96% 
1.48% 

5,390 
14,230 
2,140 
3,695 

11,605 
11,920 
6,260 
4,405 

360 
1,680 
60 
65 

305 
780 
45 
50 

0.81% 
20.41% 

13,825 
17,400 

23,430 
15,480 

190 
3,160 

200 
2,825 

Recognition  
rate 

5.19% 
3.23% 

1.45% 
16.24% 

5.66% 
5.48% 
2.10% 
1.35% 

16   According to Eurostat definitions, the asylum recognition rate is defined as the share of positive decisions 
in the total number of asylum decisions for each stage of the asylum procedure (i.e. first instance and final 
on  appeal).  The  total  number  of  decisions  consists  of  the  sum  of  positive  and  negative  decisions.  To  be 
noticed  that  calculation  of  the  overall  recognition  rate  for  all  stages  of  the  asylum  procedure  cannot  be 
made due to lacking information linking the outcomes at first instance and final on appeal for each person 
concerned. As some of the applicants were rejected at the first instance and lodged an appeal in the same 
year receive a final negative decision, it would lead to multiplication of some rejected applicants and would 
cause underestimation of the overall recognition rate. Final decisions on appeal statistics broken down by 
the  year of the first instance rejection would be required to avoid this multiplication. Furthermore, ‘Total 
number of positive decisions’ refers also to any authorisation to stay for humanitarian reasons for countries 
where  applicable  (i.e.  Italy),  which  is  a  kind  of  protection  granted  under  national  law  concerning 
international  protection  by  administrative  or  judicial  bodies.  It  includes  persons  who  are  not  eligible  for 
international  protection  as  currently  defined  in  the  EU  Qualifications  Directive,  but  are  nonetheless 
protected  against  removal  under  the  obligations  that  are  imposed  on  all  Member  States  by  international 
refugee or human rights instruments or on the basis of principles resulting from such instruments.  

54 

 
 
 
 
 
                                                           
III.3 RETURN AND READMISSION 

2015 

Schengen+ area 

2016 

2017 

Ordered 
to leave 

Returned 

Return 
rate 

Ordered 
to leave 

Returned 

Return 
rate 

Ordered 
to leave 

Returned 

Return 
rate 

38,960 

19,165 

13,835 

33,985 

14,665 

12,800 

87% 

77% 

93% 

31,895 

26,875 

13,320 

41,365 

22,225 

12,845 

130% 

83% 

96% 

27,515 

32,135 

7,810 

29,850 

25,330 

7,920 

108% 

79% 

101% 

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 

5,475 

6,375 

5,560 

1,805 

5,805 

2,885 

4,100 

1,215 

106% 

45% 

74% 

67% 

Montenegro 

78% 
EurostatEurostat, last update 21/08/18. 

1,215 

1,550 

6,085 

5,650 

5,075 

5,015 

1,490 

7,720 

3,155 

3,760 

2,415 

2,400 

127% 

56% 

74% 

48% 

161% 

4,290 

7,275 

3,720 

4,600 

750 

5,580 

4,560 

2,680 

3,835 

820 

130% 

63% 

72% 

83% 

109% 

55 

 
 
 
 
 
III.4 SECURITY 

Number of Article 26 alerts (persons wanted for arrest17) created between January 2017 - 
June 2018 by all Member State, broken down by country and month.  

Art. 26 SIS alerts 

Albania 
Former Yugoslav Republic  
of Macedonia 
Bosnia and Herzegovina 

Montenegro 

Serbia 

Total Western Balkans 

2017 
M01 
43 

2017 
M02 
20 

Schengen+ area 
2017 
M05 
16 

2017 
M04 
27 

2017 
M03 
37 

2017 
M06 
14 

Total 1st 
half 2017 
157 

5 

6 

3 

12 
69 

1 

8 

2 

36 
67 

6 

13 

1 

38 
95 

3 

0 

0 

31 
61 

1 

11 

6 

21 
55 

2 

17 

2 

37 
72 

18 

55 

14 

175 

419 

2017 
M07 

2017 
M08 

2017 
M09 

2017 
M10 

2017 
M11 

Albania 
Former Yugoslav Republic  
of Macedonia 
Bosnia and Herzegovina 

Montenegro 

Serbia 

Total Western Balkans 

34 

0 

11 

1 

24 

70 

14 

4 

11 

9 

46 

84 

15 

1 

19 

0 

48 

83 

47 

3 

18 

1 

43 

112 

26 

2 

17 

5 

38 

88 

2017 
M12 

38 

Total 2nd 
half 2017 
174 

5 

7 

0 

14 

64 

15 

83 

16 

213 

501 

Albania 
Former Yugoslav Republic  
of Macedonia 
Bosnia and Herzegovina 

Montenegro 

Serbia 

2018 
M01 

2018 
M02 

2018 
M03 

2018 
M04 

2018 
M05 

2018 
M06 

39 

4 

16 

0 

53 

81 

2 

25 

6 

30 

34 

18 

22 

0 

48 

47 

8 

25 

1 

20 

52 

7 

10 

0 

35 

81 

12 

34 

2 

57 

Total Western Balkans 

112 

144 

122 

101 

104 

186 

Total 1st 
half 2018 
334 

51 

132 

9 

243 

769 

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

issued. 

56 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
Art. 26 SIS alerts 

Moldova 

Georgia 

Ukraine 

Total Eastern Partnership 

2017 
M01 

2017 
M02 

2017 
M03 

2017 
M04 

2017 
M05 

2017 
M06 

7 

7 

3 

17 

6 

13 

14 

33 

8 

10 

11 

29 

2 

2 

10 

14 

7 

10 

20 

37 

5 

2 

22 

29 

Moldova 

Georgia 

Ukraine 

Total Eastern Partnership 

Moldova 

Georgia 

Ukraine 

Total Eastern Partnership 

2017 
M07 

2017 
M08 

2017 
M09 

2017 
M10 

2017 
M11 

2017 
M12 

8 

11 

22 

41 

0 

30 

7 

37 

3 

15 

12 

30 

18 

19 

13 

50 

5 

14 

16 

35 

8 

13 

8 

29 

2018 
M01 

2018 
M02 

2018 
M03 

2018 
M04 

2018 
M05 

2018 
M06 

18 

15 

15 

48 

2 

29 

13 

44 

5 

21 

40 

66 

9 

20 

15 

44 

14 

14 

7 

35 

16 

9 

11 

36 

Total 1st 
half 2017 
35 

44 

80 

159 

Total 2nd 
half 2017 
42 

102 

78 

221 

Total 1st 
half 2018 
64 

108 

101 

309 

57