REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL FOURTH REPORT UNDER THE VISA SUSPENSION MECHANISM
Date: 2021-08-04
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, EU visa policy, coronavirus disease, corruption, epidemic, external border of the EU, free movement of persons, money laundering, organised crime, third country

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 4.8.2021  COM(2021) 602 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL FOURTH REPORT UNDER THE VISA SUSPENSION MECHANISM {SWD(2021) 206 final}  
 
 
Table of Contents 

I. Introduction ............................................................................................................................................... 2 

II. Republic of Albania ................................................................................................................................. 3 

1. Migration, asylum and readmission ........................................................................................................ 3 

2. Judicial cooperation, public order and security ..................................................................................... 5 

3. Recommendations for Albania ................................................................................................................. 8 

III. Bosnia and Herzegovina ......................................................................................................................... 8 

1. Migration, asylum and readmission ........................................................................................................ 8 

2. Judicial cooperation, public order and security ................................................................................... 10 

3. Recommendations for Bosnia and Herzegovina ................................................................................... 12 

IV. Montenegro ........................................................................................................................................... 12 

1. Migration, asylum and readmission ...................................................................................................... 12 

2. Judicial cooperation, public order and security ................................................................................... 13 

3. Recommendations for Montenegro ....................................................................................................... 14 

V. Republic of North Macedonia ............................................................................................................... 15 

1. Migration, asylum and readmission ...................................................................................................... 15 

2. Judicial cooperation, public order and security ................................................................................... 16 

3. Recommendations for North Macedonia .............................................................................................. 18 

VI. Republic of Serbia................................................................................................................................. 19 

1.  Migration, asylum and readmission ..................................................................................................... 19 

2. Judicial cooperation, public order and security ................................................................................... 20 

3. Recommendations for Serbia ................................................................................................................. 21 

1. Migration, asylum and readmission ...................................................................................................... 22 

2. Judicial cooperation, public order and security ................................................................................... 24 

3. Recommendations for Georgia .............................................................................................................. 25 

VIII. Republic of Moldova ......................................................................................................................... 26 

1. 

Migration, asylum and readmission .............................................................................................. 26 

2. Judicial cooperation, public order and security ................................................................................... 28 

3. Recommendations for Moldova ............................................................................................................. 30 

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IX. Ukraine .................................................................................................................................................. 31 

1. Migration, asylum and readmission ...................................................................................................... 31 

2. Judicial cooperation, public order and security ................................................................................... 32 

3. Recommendations for Ukraine .............................................................................................................. 35 

X. Conclusions ............................................................................................................................................. 36 

I. Introduction 

Visa  liberalisation  has  been  a  powerful  tool  to  facilitate  people-to-people  contacts1  and  to 
support reforms in the Western Balkans and in the Eastern Partnership in the areas of justice, 
security and fundamental freedoms. 

As part of the Commission’s  responsibility to  ensure an appropriate monitoring of the visa-
free regime, the visa suspension mechanism requires the Commission to report annually to the 
European Parliament  and to  the Council on the continuous fulfilment of the visa exemption 
requirements by the countries, whose nationals obtained visa-free access less than seven years 
ago, following the successful completion of a visa liberalisation dialogue2. 

As regards visa-free partners in the Western Balkans3, whose nationals have been visa exempt 
for  more  than  seven  years4,  this  report  focuses  on  the  follow-up  to  previous  Commission’s 
recommendations and no longer provides the full details on the continuous fulfilment of the 
benchmarks.  Aspects related to the visa liberalisation benchmarks continue to be assessed in 
the context of the enlargement process, under Chapter 23, Judiciary and Fundamental Rights, 
and  Chapter  24,  Justice and  Home  Affairs,  and  are  reported  in  the  European  Commission’s 
annual  Enlargement  Package.  As  regards  visa-free  countries  in  the  Eastern  Partnership5, 
which  are  still  within  the  first  seven  years  of  visa  exemption,  the  report  also  assesses  the 
continuous fulfilment of the visa liberalisation benchmarks. 

1    Visa liberalisation  has been  followed by an immediate increase in short term travel to the EU, including a 
significant increase in the number of visa-free tourists visiting the EU (European Migration Network (2019). 
“Impact of visa liberalisation on countries of destination – synthesis report”. European Migration Network, 
Brussels). 

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

3      Republic  of  Albania,  Bosnia  and  Herzegovina,  Montenegro,  Republic  of  North  Macedonia,  Republic  of 

Serbia. 

4     Since 2009-2010. 

5     Georgia, Republic of Moldova, Ukraine. 

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On this basis, and taking into account the impact of the restrictions linked to the COVID-19 
pandemic,  the  Fourth  Report  under  the  Visa  Suspension  Mechanism  focuses  on  actions 
taken in 2020 by the countries covered, with updates for 2021 where necessary. It also reports 
on operational cooperation with the EU and with Member States6.  

Beyond the visa liberalisation benchmarks, the report also includes  an overview of migration 
trends7, reflecting Eurostat data for the full statistical year 2020, including the variation with 
respect  to  2019.  The  assessment  of  the  trends  also  takes  into  account  the  impact  of  the 
restrictions  linked  to  the  COVID-19  pandemic  on  migration  trends,  which  have  led  to  a 
significant  reduction  of  irregular  border  crossings,  refusals  of  entry,  effective  returns  and 
applications for international protection. 

The  report  is  accompanied  by  a  Commission  Staff  Working  Document,  which  provides 
additional  information  on  the  actions  taken  by  the  partner  countries  in  cooperation  with  the 
EU and with Member States bilaterally. The report has benefitted from contributions from all 
the  countries  covered,  the  European  External  Action  Service,  relevant  EU  Agencies8  and 
Member States.  

II. Republic of Albania  

1. Migration, asylum and readmission 

1.1. Actions taken in the area of migration, asylum and cooperation in readmission 

In 2020, the Republic of Albania continued to take action in the areas of border and migration 
management  and  asylum.  Albania  adopted  an  integrated  border  management  strategy  in 
December  2020  and  a  new  law  on  asylum  in  February  2021,  bringing  Albanian  legislation 
closer  to  the  EU  acquis  and  international  standards.  In  addition,  Albania  opened  a  new 
temporary reception centre for vulnerable persons.  

Member States in general report good cooperation with Albania in the field of migration and 
border management, as well as readmission. Albania also enjoys the most advanced level of 
collaboration  with  the  European  Border  and  Coast  Guard  Agency  (Frontex).  The  first 

6     For the purposes of this report, Member States refers to Member States applying Regulation (EU) 2018/1806 
(“the  Visa  Regulation”),  i.e.,  all  current  Member  States  except  Ireland,  as  well  as  Schengen  Associated 
Countries. 

7   While the visa liberalisation benchmarks relating to migration are limited to the  management of migration 
policies  by  the  third  countries  concerned,  the  section  on  migration  trends  reflects  irregular  migration  to 
Member  States,  refusals  of  entry  issued  by  Member  States  and  applications  for  international  protection 
lodged in Member States by nationals of the countries covered in the report. 

8   The  European  Asylum Support Office (EASO), the  European Border and Coast Guard  Agency (Frontex), 
the European Union Agency for Criminal Justice Cooperation (Eurojust), and the European Union Agency 
for  Law  Enforcement  Cooperation  (Europol).  The  contribution  of  Europol  is  based  on  input  provided  by 
Member States and partner countries to Europol’s 2021 “European Union serious and organised crime threat 
assessment,  A  corrupting  influence:  the  infiltration  and  undermining  of  Europe's  economy  and  society  by 
organised crime”, Publications Office of the European Union, Luxembourg. 

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roadmap for cooperation with the European Asylum Support Office (EASO) has been agreed 
by Albania and the EU and will be implemented until the end of 2022.  

Albania’s visa policy is  not fully aligned with the list of third countries whose nationals are 
subject to a visa for short stays in the EU.  

The  following  recommendations  were  made  in  the  Third  Report  under  the  Visa  Suspension 
Mechanism: 

a)  Step  up  measures  to  address  irregular  migration  and  unfounded  asylum  applications  of 
Albanian nationals, including through identifying and addressing the underlying reasons and 
organising further information campaigns on the rights and obligation of visa-free travel  

Albania  is  taking  action  to  address  the  issue  of  unfounded  asylum  applications  lodged  by 
Albanian  nationals  in  the  EU.  As  regards  preventive  measures,  work  is  ongoing  in  order  to 
strengthen  controls  of  Albanian  nationals  crossing  the  state  border,  strengthen  controls  for 
minors  travelling  abroad,  and  increase  cooperation  and  exchange  of  information  (especially 
with  Member  States  affected  by  the  issue  of  unfounded  asylum  applications  by  Albanian 
nationals).  

Apprehensions  of  Albanian  nationals  attempting  irregular  border  crossings  have  decreased 
due  to  the  COVID-19  pandemic  and  to  the  measures  put  in  place  by  Albanian  authorities, 
including awareness raising campaigns on the rights and obligations associated with visa-free 
travel to the EU.  

Border control has also improved with increased patrols and cooperation with Frontex, as well 
as  with  the  use  of  border  surveillance  equipment  provided  by  Member  States.  Albania  has 
also  continued  to  exchange  information  with  the  counterpart  authorities  of  its  neighbours. 
This allows a more detailed verification of Albanian nationals traveling to the EU. Albanian 
authorities  published  return  operations  of  Albanian  nationals  by  EU  Member  States  in  the 
media and continued to  warn against abuse of the EU visa-free regime, recalling applicable 
penalties. The rights and obligations relating to visa-free movement are published online and 
the International Organization for Migration (IOM) launched an awareness-raising campaign 
in January 2021, with Member States’ support and EU funding. 

b) Maintain and step up proactive operational cooperation with the EU Agencies and with the 
EU Member States facing migratory pressure originating from Albania 

Albania continued to cooperate with Frontex and Member States on land border and maritime 
border  surveillance  as  well  as  at  border  crossing  points,  in  order  to  strengthen  border 
management,  information  exchange,  prevention  and  fight  against  cross-border  criminal 
activities, identification of forged travel  documents  and identity fraud. Albania was also  the 
first  partner  country  to  conclude  a  Frontex  status  agreement  on  border  management 
cooperation  (‘status  agreement’)  with  the  EU9,  which  allows  the  deployment  of  Frontex 

9  

‘Status Agreement’ between the European Union and the Republic of Albania on actions carried out by the 
European Border and Coast Guard Agency in the Republic of Albania, signed on 5 October 2018. 

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border  guards  in  the  territory  of  a  third  country  with  executive  functions.  The  agreement 
entered  into  force  on  1  May  2019,  enabling  the  launch  of  a  Frontex  joint  operation  with 
Albanian border guards at the border with Greece on 22 May 2019.  

Work is also ongoing on the implementation of Albania’s action plans to address the issue of 
overstaying  unaccompanied  Albanian  minors  in  Italy  and  of  Albanian  unfounded  asylum 
applications  lodged  in  France,  which  includes  strengthening  controls  at  the  border.  Albania 
also  cooperates  with  other  Member  States  to  address  these  issues  in  terms  of  prevention, 
cooperation with the border police, as well as return and readmission.  

1.2.  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protection, returns and readmission   

The  number  of  applications  for  international  protection  lodged  in  EU  Member  States10  by 
Albanian nationals decreased by 65% between 2019 and 2020, with 6 970 applications lodged 
in 2020. The recognition rate11 slightly decreased from 5.6% in 2019 to 5.3% in 2020.  

In  2020,  Member  States  reported  1 429  irregular  border  crossings,  30%  less  than  in  2019, 
while  the  number  of  Albanian  nationals  found  to  be  irregularly  staying  in  Member  States 
decreased by 8% compared to the year before (from 34 420 in 2019 to 31 630 in 2020). The 
number  of  refusals  of  entry  for  Albanian  nationals  in  Member  States  decreased  by  33%  in 
2020 (from 19 670 in 2019 to 13 265 in 2020),  

The number of return decisions issued in 2019 (30 840) decreased by 25% in 2020 (23 235). 
In 2020, 9 755 effective returns of Albanian nationals were reported, compared to 15 370 in 
2019 (decrease of 37%). The return rate dropped from 50% in 2019 to 42% in 2020 reflecting 
the overall trend over the past years. 

 Member States and Frontex report in general  good cooperation on returns and readmission. 
Frontex continues to provide support to Albanian national authorities in return-related matters 
and in capacity building activities in the recent context of declining return rates.  

2. Judicial cooperation, public order and security 

Actions taken in the area of judicial cooperation, public order and security 

In  2020,  efforts  continued  in  the  areas  of  judicial  cooperation,  public  order  and  security. 
Member  States  report  in  general  good  cooperation  with  Albania  in  the  field  of  security. 
Albania continued cooperating with Europol and Eurojust and engaged in joint activities with 
several  Member  States.  Following  the  entry  into  force  of  the  Cooperation  Agreement  with 
Eurojust in 2019, an Albanian liaison prosecutor to Eurojust took up duty in January 2021.  

10     See footnote 3. 

11   For the  purposes of this report,  the recognition rate  is calculated as the  share of positive decisions at first 
instance (including Geneva protection, subsidiary protection, and humanitarian status) in the total number of 
decisions at first instance. 

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The Commission is monitoring the possible impact of the new Albanian Law on Citizenship 
on the visa-free regime. Although implementing measures have not been adopted to date, the 
law provides a possibility to establish an investor citizenship scheme, which may be used to 
bypass the EU short-stay visa procedure and the in-depth assessment of individual migratory 
and security risks it entails. 

The  following  recommendations  were  made  in  the  Third  Report  under  the  Visa  Suspension 
Mechanism: 

a)  Maintain  and  step  up  proactive  operational  cooperation  with  EU  agencies  and  Member 
States facing public order and security threats posed by the involvement of Albanian nationals 
in organised crime groups 

Proactive  cooperation  continued  with  Member  States  and  EU  agencies,  including  the 
exchange  of  police  information  through  Interpol,  Europol  and  the  Camden  Asset  Recovery 
Inter-agency Network (CARIN), mainly in the areas of investigation of criminal offences for 
narcotics,  trafficking  in  human  being  and  illegal  trafficking  of  vehicles,  money  laundering, 
economic and financial crime and cybercrime.  In 2020, cooperation in criminal proceedings 
and police operations continued in these areas.  

b) Improve the effectiveness of prosecution and law enforcement efforts to combat high-level 
corruption and organised crime 

Albania continued to make further efforts in the fight against corruption and organised crime, 
including  towards  establishing  a  solid  track  record  of  proactive  investigations,  prosecutions 
and convictions, which remains a long-term objective.  

As regards the fight against organised crime, efforts continued on the basis of the 2017-2020 
action plan.  In  December 2020, Albania  approved the 2021-2025 strategy  against organised 
crime  and  serious  crimes  and  the  related  2021-2025  action  plan.    In  January  2020,  Albania 
adopted  the  law  on  preventive  measures  in  the  fight  against  terrorism,  organised  crime  and 
serious  crime.  The  measures  include  targeting  assets  through  seizure  and  confiscation, 
limiting the movements of suspected criminals and restricting their economic activities.  

The  2015-2021  Inter-sectoral  Strategy  against  Corruption  was  extended  until  2023  in  July 
2020.  The  2020-2023  action  plan  to  implement  the  law  on  the  fight  against  high-level 
corruption was also approved in July 2020.  

In October 2020, the Integrity Plan of the State Police for 2020-2021 was approved, based on 
the  implementation  of  the  recommendations  of  the  group  of  countries  against  corruption 
(GRECO).  

The creation of a network of anti-corruption coordinators in 17 agencies also contributed to 
improving effectiveness in the fight against corruption. The Anti-Corruption Task Force, with 
responsibility  for  inter-institutional  inspections  has,  in  the  past  year,  been  less  effective  as 
regular  meetings  did  not  take  place  since  2020  and  not  many  investigations  have  been 
conducted.  

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The  concrete  impact  on  investigating,  prosecuting  and  trying  high-level  corruption  of  the 
recently established Anti-corruption Directorate, responsible for the coordination, monitoring 
of and reporting on the Anti-corruption Strategy, is still to be seen.  

The Special Anti-corruption and Organised Crime Structure (SPAK) comprising the Special 
Prosecution Office (SPO), and the National Bureau of Investigation (NBI), as well as the First 
and  Second  Instance  Anti-Corruption  and  Organised  Crime  Courts  (SPAK  Courts)  are 
operational. Albania reported a 27% increase in 2020, compared to 2019, in police operations 
conducted by the central and local police structures of the Criminal Police Department in the 
field of organised crime and financial crime.  

Final convictions of high-level officials have been limited for corruption and related offenses 
(e.g. money laundering, abuse of office, etc.). However, very recently a positive trend can be 
seen, due to the first results of the newly established SPAK. 

c)  Improve  the  track  record  of  cases  in  respect  of  anti-money  laundering  and  counter-
terrorism financing and make full use of the support provided by the Commission to reinforce 
the capacity for combating money laundering and terrorist financing 

In  December  2020,  the  Albanian  government  adopted  the  National  Cross  Sector  Counter 
Terrorism  Strategy  and  the  2020-2025  action  plan,  which  includes  specific  measures  to 
prevent and counter terrorism financing. 

Albania has made progress in the implementation of the 2018 Joint Action Plan on Counter 
Terrorism  for  the  Western  Balkans,  on  building  capacity  to  combat  money  laundering  and 
terrorism  financing.  In  2020,  laws  on  establishing  a  beneficial  ownership  register  and  on 
establishing a centralised bank account  register were adopted. Both registers are expected to 
become operational shortly. 

Albania  is  on  the  Financial  Action  Task  Force  (FATF)  list  of  jurisdictions  under  increased 
monitoring  since  February  2020.  Albania  made  a  high-level  political  commitment  to 
implement  the  FATF  action  plan,  which  would  enable  Albania’s  removal  from  this  list. 
Implementation is ongoing.  

In  July  2020,  a  memorandum  of  cooperation  was  signed  among  the  General  Prosecutor 
Office,  the  Ministry  of  Interior  and  the  Ministry  of  Finance  and  Economy  to  increase  the 
effectiveness  of  investigations  related  to  money  laundering,  terrorist  financing,  financial 
crimes,  seizure  and  confiscation  of  criminal  assets.  Joint  analyses  of  criminal  proceedings 
conducted between June and September 2020 led to the advancement of investigations, trial, 
seizure and confiscation of a set of assets of the subjects in criminal proceedings. 

Albania  has  appointed  a  Special  Prosecutor  and  has  created  a  Special  Money  Laundering 
Investigation  Section  in  the  Judicial  District  Prosecution  Offices.  Prosecutors  and  economic 
and  financial  crime  investigation  specialists  were  also  appointed  to  the  Local  Police 
Directorates  and  Commissariats  of  Police  in  Judicial  Districts  to  deal  specifically  with  the 
investigation of criminal offences related to money laundering.  

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3. Recommendations for Albania  

Albania  has  taken  action  to  address  the  Commission  recommendations.  However,  further 
action  is  needed  in  order  to  address  the  issue  of  unfounded  asylum  applications  lodged  by 
Albanian  nationals  in  Member  States  as  well  as  in  the  areas  of  anti-money  laundering, 
counter-terrorism  and  in  the  fight  against  corruption  and  organised  crime.  In  particular,  the 
following areas need to be further addressed: 

  Continue  cooperating  with  the  Member  States  most  affected  by  unfounded  asylum 
applications  by  Albanian  nationals,  including  stepping-up  Albania’s  participation  in 
activities  of 
the  European  Multidisciplinary  Platform  Against  Criminal  Threats 
(EMPACT)  Operational  Action  Plan  ‘Facilitation  of  Illegal  Immigration;  tailor  the 
information campaigns on the visa-free regime to relevant migrant profiles, including as 
regards vulnerable groups, overstays and unfounded asylum claims.  

  Continue strengthening the prevention and fight against corruption and against organised 
crime, illicit trafficking, terrorist offences and money laundering by a) further progressing 
towards  establishing  a  solid  track  record  of  corruption  cases,  seizure,  confiscation  and 
recovery  of  criminal  assets  resulting  from  corruption-related  offences;  b)  continuing  to 
develop the systematic use of parallel financial investigations and increasing participation 
in  coordinated  or  joint  investigations  and  prosecutions  with  countries  in  the  region  and 
Member  States;  c)  continue  progressing  on  implementation  of  the  Joint  Action  Plan  on 
Counter Terrorism for the Western Balkans 

  Ensure further alignment of Albania’s visa policy with the EU lists of visa-required third 
countries, in particular as regards those third countries, which present irregular migration 
or security risks for the EU.  

  Refrain  from  adopting  an  investor  citizenship  scheme  on  the  basis  of  the  new  Law  on 

Citizenship. 

III. Bosnia and Herzegovina  

1. Migration, asylum and readmission  

1.1. Actions taken in the area of migration, asylum and cooperation in readmission 

In  2020,  Bosnia  and  Herzegovina  continued  to  face  strong  migratory  pressure,  with  the 
presence of large numbers of asylum seekers and irregular migrants on its territory. Since the 
beginning of 2018, the EU has supported Bosnia and Herzegovina to improve migration and 
asylum  management.  The  EU  provided  emergency  assistance  to  help  addressing  the  2020 
humanitarian  crisis,  during  which  hundreds  of  refugees  and  migrants  were  left  unattended  in 
harsh winter conditions, while available reception facilities were not fully used. The EU urged 
the  authorities  to  set  up  a  sustainable  and  long-term  solution  to  accommodate  migrants  and 
refugees.  As  result,  some  steps  were  taken  by  the  Ministry  of  Security,  which  will  gradually 
take over responsibility for the management of reception facilities. In order to avoid a repetition 

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of this situation next winter, adequate reception conditions for migrants and refugees need to be 
ensured.  

Bosnia  and  Herzegovina  has  taken  some  action  in  the  area  of  border  management.  It 
continued  implementing  the  2019-2023  integrated  border  management  strategy  and  action 
plan.  The  laws  on  foreigners  and  on  asylum  are  in  force  and  broadly  in  line  with  the  EU 
acquis,  with  the  exception  of  an  amendment  adopted  on  27  May  2021  on  the  Law  on 
Foreigners  regarding  forced  removal  or  return    of  foreigners    having  committed  certain 
crimes.  Further  improvements  are    needed  to  ensure  an  effective  migration  and  asylum 
management system. The visa policy of Bosnia and Herzegovina is also not fully aligned with 
the list of third countries whose nationals are subject to a visa for short stays in the EU. 

Cooperation  with  Member  States  and  Frontex  continued  in  2020,  including  on  return  and 
readmission  of  nationals  of  Bosnia  and  Herzegovina  The  country  is  also  implementing  the 
2020-2023 strategy for reintegration of returnees, despite limited resources. 

The  following  recommendations  were  made  in  the  Third  Report  under  the  Visa  Suspension 
Mechanism: 

a) Improve crisis response capacity and adequate contingency planning to ensure protection 
and sensitive management of migratory flows, as well as ensure the functioning of the asylum 
system.  Full  responsibility  for  the  management  of  migration  and  operational  coordination 
mechanisms at all levels needs to be strengthened significantly.  

In  2020,  and  in  particular  towards  the  end  of  the  year,  the  authorities  of  Bosnia  and 
Herzegovina  demonstrated  very  limited  capacities  on  migration  and  asylum,  including  on  
crisis  management.  The  authorities  relied  on  EU  and  international  financial  and  technical 
assistance to deal with the humanitarian crisis. 

Bosnia and Herzegovina  needs to make a greater effort in this field, including the adoption of 
a budget on migration and especially effectively using the available reception facilities.  State 
institutions and regional authorities should also cooperate to ensure effective coordination of 
migration management capacity and the functioning of the asylum system.  

b)  Continue  to  organise  information  campaigns  on  the  rights  and  obligations  of  visa-free 
travel  

Bosnia and Herzegovina carried out additional activities to raise public awareness on the rules 
governing  the  EU  visa-free  regime,  including  the  maximum  length  of  stay.  The  authorities 
also  launched  a  campaign  to  inform  citizens  about  the  accelerated  procedures  introduced  in 
many Member States and discourage them from lodging unjustified asylum applications. This 
possibly  contributed  to  the  decreasing  numbers  of  such  applications  in  Member  States  by 
nationals of Bosnia and Herzegovina.  

c)  Strengthen  border  control,  especially  border  surveillance,  including  identification  and 
registration  measures,  in  full  respect  of  fundamental  rights,  ensuring  effective  operational 
cooperation with EU Member States and Frontex  

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In  2020,  the  Border  Police  continued  to  apply  the  May  2018  framework  action  plan, 
deploying mobile reserves of other security agencies as reinforcements on various sectors of 
the  external  borders.  Common  border  patrols  were  also  carried  out  with  Serbia.  Despite 
efforts  in  border  surveillance,  more  efficient  inter-agency  cooperation  and  coordination 
mechanisms  are  necessary  to  improve  border  surveillance  and  the  registration  and 
identification of migrants. 

Operational cooperation with Member States and Frontex continued to be satisfactory, despite 
the  fact  that  Bosnia  and  Herzegovina’s  signature  of  the  European  Border  and  Coast  Guard 
(Frontex)  ‘status  agreement’  with  the  EU  on  border  management  cooperation  (‘status 
agreement’) is pending.   

d) Continue efforts in view of concluding the ‘status agreement’ with Frontex  

 The  EU  has  continued  working  with  Bosnia  and  Herzegovina  in  view  of  the  signature  and 
ratification of the ‘status agreement’. Cooperation with Member States and Frontex continues 
nevertheless, in particular as regards returns of nationals of Bosnia and Herzegovina.  

 1.2.  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protection, returns and readmission  

In 2020, 1 545 applications for international protection were submitted by nationals of Bosnia 
and Herzegovina in Member States12, 29% less than in 2019 (2 180). The recognition rate13 
decreased from 7.2% in 2019 to 5.1% in 2020.  

In  2020,  Member  States  reported  only  12  irregular  border  crossings  by  nationals  of  Bosnia 
and  Herzegovina  at  the  EU’s  external  borders,  a  diminution  of  48%  compared  to  2019.  In 
2020, the number of nationals from Bosnia and Herzegovina found to be irregularly staying in 
Member States decreased by 14%, with 3 670 irregular stays in 2020 compared to 4 290 in 
2019. The number of refusals of entry increased by 91%, from 4 270 cases in 2019 to 8 150 in 
2020.  

Both the number of return decisions issued to nationals of Bosnia and Herzegovina (2 785 in 
2020  compared  to  3  730  in  2019,  a  25%  decrease)  and  the  number  of  people  effectively 
returned  (920  in  2020  compared  to  1  495  in  2019,  a  38%  decrease)  diminished  in  2020 
compared to 2019.  The return rate dropped from 40% in 2019 to 33% in 2020.  

Member  States  and  Frontex  report  good  cooperation  in  readmission  with  Bosnia  and 
Herzegovina and an adequate implementation of the EU readmission agreement.  

2. Judicial cooperation, public order and security   

Actions taken in the area of judicial cooperation, public order and security 

12   See footnote 3. 
13   See footnote 9. 

10 

 
 
                                                           
In 2020, Bosnia and Herzegovina adopted strategies against trafficking in human beings, and 
against  trafficking  in  small  arms,  light  weapons  and  drugs.  Bosnia  and  Herzegovina  has  a 
contact point for Eurojust.  

Member States report in general good cooperation with Bosnia and Herzegovina in the field 
of  security.  Bosnia  and  Herzegovina  continued  cooperating  with  Europol  and  Eurojust  and 
engaged in joint activities with several Member States. The EU continuously called on Bosnia 
and  Herzegovina  to  strengthen  operational  cooperation  with  EU  Justice  and  Home  Affairs 
Agencies, most recently at the Stabilisation and Association Council of 13 July.  

The  following  recommendations  were  made  in  the  Third  Report  under  the  Visa  Suspension 
Mechanism: 

a) Appoint a National Contact Point for Europol 

In January 2021, the Ministry of Security issued an instruction to establish a contact point for 
cooperation with Europol; however, the contact point is not yet fully operational.  

interest  and  whistle-blowers’  protection;  ensuring 

b)  Strengthen  the  prevention  and  fight  against  corruption  and  organised  crime,  including 
money laundering and terrorism notably by adopting and implementing legislation on conflict 
of 
functioning  and 
coordination  of  anti-corruption  bodies;  and  demonstrating  progress  towards  establishing  a 
track  record  of  proactive  investigations,  confirmed  indictments,  prosecutions  and  final 
convictions against organised crime and corruption, including at high-level. 

the  effective 

Bosnia  and  Herzegovina  adopted  new  strategies  against  trafficking  in  human  beings  (for 
2020-2023, adopted in January 2020), against trafficking in small arms and light weapons (for 
2021-2024,  adopted  in  February  2021)  and  against  trafficking  in  drugs  (for  2018-2023). 
Legislation  on  conflict  of  interest  has  not  yet  been  adopted.  The  work  of  anti-corruption 
bodies and of investigative and judicial authorities needs to be stepped-up, as the track record 
on indictments, prosecutions and convictions remains weak. The implementation of the Joint 
Action Plan on Counter Terrorism for the Western Balkans has continued. 

There are systemic shortcomings in the operational cooperation of law enforcement agencies 
due to the lack of harmonisation of criminal legislation in the country, exacerbated by weak 
institutional coordination and a very limited exchange of intelligence. Financial investigations 
and asset seizures  are largely ineffective. A rigorous and credible system of checks of asset 
declarations of judicial office holders is lacking. The fight against money laundering needs to 
be stepped-up. Final convictions in high-level corruption cases are very rare and sanctions do 
not act as a sufficient deterrent.  

c) Step-up efforts to strengthen the asset recovery framework by adopting and implementing a 
more comprehensive legal framework for the confiscation of proceeds of crime and improving 
the capacity of the competent authorities to impose effective and deterrent sanctions  

Asset management offices are in place in the two entities but not at the state level. This poses 
a  serious  problem  for  assets  seized  at  state-level,  as  there  is  no  asset  recovery  office 
responsible for facilitating the tracing and identification of proceeds of crime and other crime-
11 

 
 
related  property.  There  was  no  progress  on  strengthening  the  asset  recovery  framework  in 
2020. 

3. Recommendations for Bosnia and Herzegovina  

Bosnia  and  Herzegovina  has  taken  action  to  address  the  Commission  recommendations. 
However, further efforts are needed in the areas of border and migration management, anti-
money  laundering  and  the  fight  against  corruption  and  organised  crime.  In  particular,  the 
following areas need to be further addressed:  

 

 Improve  coordination,  at  all  levels,  of  border  management  and  migration  management 
capacity,  notably  by  ensuring  the  functioning  of  the  asylum  system,  and  providing 
adequate reception capacity for migrants; take the necessary steps for the signature of the 
‘status agreement’ with Frontex.  

  Continue  the  progress  in  the  fight  against  corruption,  including  at  high  level,  by 
adopting  and  implementing  efficient  legislation  on  conflict  of  interests,  public 
procurement  and  whistle-blowers’  protection,  and  ensuring  the  effective  functioning 
and coordination of anti-corruption bodies.  

  Strengthen  efforts  against  organised  crime  notably  by  ensuring  effective  cooperation 
among law enforcement bodies and with prosecutors’ offices as well as establishing a 
track record of proactive investigations, confirmed indictments, prosecutions and final 
convictions against organised crime. 

  Establish a Europol contact point and continue progressing on the implementation of 

the Joint Action Plan on Counter Terrorism for the Western Balkans.  

  Ensure  further  alignment  of  Bosnia  and  Herzegovina’s  visa  policy  with  the  EU  lists  of 
visa-required third countries, in particular as regards those third countries, which present 
irregular migration or security risks for the EU.  

IV. Montenegro  

1. Migration, asylum and readmission 

1.1 Actions taken in the area of migration, asylum and cooperation in readmission 

In  2020,  Montenegro  continued  taking  action  in  the  areas  of  border  and  migration 
management  and  asylum.  In  January  2020,  Montenegro  adopted  the  2020-2024  integrated 
border management strategy and its accompanying action plans.  

The ‘status agreement’ with Frontex entered into force in July 2020 and since then there have 
been two joint operations. Frontex and Member States report good cooperation on returns and 
readmission,  Member  States  also  report  good  cooperation  with  Montenegro  in  the  field  of 
migration and border management.  

12 

 
 
 
As regards the recommendation to increase awareness on the rights  and obligations of visa-
free travel,  which was  included in  the Third Report under the Visa Suspension  Mechanism, 
Montenegro reports that in 2020, information campaigns were not organised due to the travel 
restrictions linked to the COVID-19 pandemic.  

Montenegro’s visa policy is not fully aligned with the list of third countries whose nationals 
are subject to a visa for short stays in the EU.  

1.2.  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protections, returns and readmission   

The  number  of  applications  for  international  protection  lodged  in  EU  Member  States14  by 
Montenegrin  nationals  decreased  by  44%  between  2019  and  2020,  with  250  applications 
lodged in 2020 compared to 445 in 2019. The recognition rate15 decreased from 4.9% in 2019 
to 3.4% in 2020.  

EU  Member  States  reported  no  irregular  border  crossings  in  2020  by  nationals  of 
Montenegro.  The  number  of  Montenegrin  nationals  found  to  be  irregularly  staying  in  2020 
increased by 7% (from 885 in 2019 to 945 in 2020). In 2020, the number of refusals of entry 
for nationals of Montenegro in Member States was 485, 3% more than in 2019 (470). 

Both  the  number  of  return  decisions  issued  to  nationals  of  Montenegro  (475  in  2020 
compared  to  590  in  2019)  and  the  number  of  people  effectively  returned  (275  in  2020 
compared  to  355  in  2019)  decreased  in  2020  compared  to  2019,  by  19%  and  23% 
respectively. The return rate fell slightly, from 60% in 2019 to 58% in 2020. 

2. Judicial cooperation, public order and security 

Actions taken in the area of judicial cooperation, public order and security 

In  2020,  Montenegro  continued  taking  action  against  organised  crime,  including  as  regards 
the fight  against trafficking in human beings, cooperation in the field of drugs and the fight 
against terrorism. Member States report in general good cooperation with Montenegro in the 
field of security. Montenegro also continued cooperating with Europol and Eurojust. 

In  March  2021,  the  government  decided  to  phase  out  by  the  end  of  2021  the  investor 
citizenship scheme, which has been implemented since January 2019. The Commission will 
continue  monitoring  the  scheme  as  long  as  applications  continue  being  processed,  since 
investor citizenship schemes may be used to bypass the EU short-stay visa procedure and the 
in-depth assessment of individual migratory and security risks it entails. 

Montenegro  also  addressed  the  following  recommendations  included  in  the  Third  Report 
under the Visa Suspension Mechanism: 

14   See footnote 3. 
15   See footnote 9. 

13 

 
 
                                                           
a)  Prevent  and  fight  organised  crime  and  high-level  corruption,  including  through  the 
confiscation of proceeds of crime and freezing of assets and taking measures to limit the use 
of plea bargains to exceptional cases  

The track record of arrests, drug seizures and investigations into organised crime was further 
consolidated  in  2020,  thanks  to  a  stronger  police  capacity  and  ever-growing  international 
police  cooperation.  For  the  first  time,  the  number  of  court  judgements  and  convictions  also 
increased in 2020, as a bigger number of investigations from previous years had reached the 
courts.  There  was  an  upward  trend  in  detection  and  seizures  of  criminal  assets,  but  final 
confiscations remained rare.  

b)  Strengthen  the  capacity  of  the  police,  the  prosecution  and  the  Courts  to  investigate, 
prosecute and adjudicate money-laundering cases in accordance with EU best practices  

In  October  2020,  the  government  of  Montenegro  adopted  a  National  Risk  Assessment  on 
money  laundering  and  terrorist  financing  with  the  accompanying  action  plan.  In  November 
2020, Montenegro’s FIU became a member of the EGMONT Group of Financial Intelligence 
Units. Montenegro is also the first country in the region to link its Financial Intelligence Unit 
(FIU) with Europol’s secure information exchange channel, SIENA.  

In March 2021, the government adopted amendments to the law on the prevention of money 
laundering  and  terrorism  financing  to  increase  the  FIU’s  operational  independence  and 
autonomy by having the Head of the FIU reporting directly to the Minister of Interior and not 
to the Head of Police, in line with FATF standards.  The Moneyval Strategy was adopted in 
April  2020.  As  of  18  May  2020,  Montenegro  is  no  longer  officially  in  the  procedure  of 
regular reporting to Moneyval16 on the progress made after the fourth round of evaluation.  

Despite the above progress, Montenegro has only partially implemented the objective of the 
Joint Action Plan on Counter-Terrorism for the Western Balkans related to building capacity 
to combat money laundering and terrorism financing. Further concrete steps are necessary to 
reinforce  financial  investigations  and  to  ensure  the  effectiveness  of  the  legal  framework, 
including on access to information in the central bank register. 

3. Recommendations for Montenegro 

Montenegro has taken action to address the Commission recommendations. However, further 
efforts  are  needed  in  the  areas  of  anti-money  laundering,  counter  terrorism  and  in  the  fight 
against  corruption  and  organised  crime.  Montenegro  should  also  continue  its  ongoing 
information  campaigns  on  the  rights  and  obligations  of  visa-free  travel.  In  particular,  the 
following areas need to be further addressed :  

  Tailor  the  information  campaigns  on  the  visa-free  regime  to  relevant  migrant  profiles, 
including as regards vulnerable groups, overstays and unfounded asylum applications.  

16    Committee  of  Experts  on  the  Evaluation  of  Anti-Money  Laundering  Measures  and  the  Financing  of 

Terrorism.   

14 

 
 
                                                           
  Continue making progress in the prevention and fight against organised crime, corruption 
and terrorism by a) consolidating the track record of final convictions and confiscation of 
assets; b) strengthening the capacity to prosecute and adjudicate money laundering cases; 
c)  achieving  better  results  in  response  to  organised  crime,  including  by  addressing  the 
frequent  use  of  plea  bargains,  d)  continuing  progress  on  implementation  of  the  Joint 
Action Plan on Counter Terrorism for the Western Balkans. 

  Ensure further alignment of Montenegro’s visa policy with  the EU lists of visa-required 
third  countries,  in  particular  as  regards  those  third  countries,  which  present  irregular 
migration or security risks for the EU.  

  Effectively phase-out the investor citizenship scheme completely as soon as possible. 

V. Republic of North Macedonia 

1. Migration, asylum and readmission  

1.1. Actions taken in the area of migration, asylum and cooperation in readmission 

In 2020 and early 2021, the Republic of North Macedonia continued taking action on border 
and migration management and asylum, including to improve reception conditions for asylum 
applicants.  

Member States reported good cooperation in the field of border management, migration and 
asylum, as well as readmission. Cooperation with EASO continued, under the agreed roadmap 
to  strengthen  capacity  in  the  areas  of  asylum  and  reception.  Cooperation  with  Frontex  also 
continued, although the ‘status agreement’ has not yet been signed.  

The visa policy of North Macedonia is not fully aligned with the list of third countries whose 
nationals are subject to a visa for short stays in the EU. 

The  following  recommendations  were  made  in  the  Third  Report  under  the  Visa  Suspension 
Mechanism: 

a) Strengthening border controls, in full respect of fundamental rights  

North  Macedonia  continues  to  cooperate  and  exchange  information  with  Member  States, 
Europol  and  Frontex  (including  with  liaison  officers),  as  well  as  with  Interpol.  A  joint 
operation with Member States and EU support is ongoing.  

In  February  2021,  North  Macedonia  signed  agreements  with  Serbia  on  cooperation  in 
combatting migrant smuggling and trafficking of human beings. 

North  Macedonia  reports  that,  during  2020,  it  prevented  3  200  attempts  of  irregular  border 
crossings,  refused  entry  to  1 520  foreign  nationals,  while  207  foreign  nationals  were  not 
allowed  to  exit,  mainly  due  to  previous  overstays,  use  of  forged  documents,  absence  of 
residence document or valid visa, or damaged or expired passports. They are mainly hosted in 
reception facilities.  

15 

 
 
 
b)  Continue  to  organise  information  campaigns  on  the  rights  and  obligations  of  visa-free 
travel  

During  2020,  leaflets  entitled  “Stop  misusing  the  visa  liberalisation”,  informing  about  the 
rights and obligations of visa-free travel, were distributed in the airports in North Macedonia 
to persons travelling outside the country. 

1.2.  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protections, returns and readmission   

In  2020,  the  number  of  applications  for  international  protection  in  EU  Member  States17  by 
nationals of North Macedonia decreased by 67% compared to 2019, with 1 390 applications 
lodged in 2020. The recognition rate18 increased from 1.4% in 2019 to 1.8% in 2020.  

In  2020,  a  total  of  18  irregular  border  crossings  by  nationals  of  North  Macedonia  were 
reported  at  EU  level,  compared  to  10  in  2019.  In  2020,  the  number  of  nationals  of  North 
Macedonia  found  to  be  irregularly  staying  decreased  by  6%,  with  6 545  irregular  stays  in 
2020  compared  to  7 000  in  2019.  The  number  of  refusals  of  entry  decreased  by  13%,  from 
2 815 refusals in 2019 to 2 455 in 2020. . 

In 2020, the return rate decreased from 78% in  2019 to 57% in 2020. The trend is due to a 
decrease in the number of return decisions issued to nationals of North Macedonia (2 515 in 
2020  compared  to  3  855  in  2019,  representing  a  35%  decrease)  and  the  decrease  in  the 
number of people effectively returned (1 425 in 2020 compared to 3 005 in 2019, representing 
a by 53% decrease). The decreasing trend in the number of return operations by charter flights 
to North Macedonia observed in recent years continued in 2020. Member States nevertheless 
report good cooperation on return and readmission. 

2. Judicial cooperation, public order and security  

Actions taken in the area of judicial cooperation, public order and security 

North  Macedonia  continued  to  take  actions  in  the  fight  against  organised  crime,  including 
against drug trafficking  and trafficking in  human beings, in  the  areas of  anti-corruption and 
anti-money  laundering,  in  the  fight  against  terrorism  and  financing  of  terrorism,  and  in  the 
prevention of radicalisation, following-up on the implementation of the Joint Action Plan on 
Counter Terrorism with Western Balkans. 

Member  States,  Europol  and  Eurojust  report  in  general  good  cooperation  with  North 
Macedonia in the field of security. 

The  Law  on  Citizenship  of  North  Macedonia  allows  for  the  acquisition  of  citizenship  for 
special  economic  interest  without  any  previous  residence  requirements.  The  European 
Commission  has  brought  to  the  attention  of  North  Macedonia  the  risks  posed  by  enabling 
citizenship by investment, which can have an impact on the visa-free regime, as they may be 

17   See footnote 3. 
18   See footnote 9. 

16 

 
 
                                                           
used  to  bypass  the  short-stay  visa  procedure  and  the  in-depth  assessment  of  individual 
migratory and security risks it entails. 

North Macedonia addressed the following recommendations made in the Third Report under 
the Visa Suspension Mechanism: 

a)  Continue  to  improve  the  effectiveness  of  law  enforcement  efforts  to  combat  organised 
criminal networks especially involved in drug trafficking. Continue to provide a credible track 
record of investigations, prosecutions and convictions. Step up investigations and prosecution 
of organised crime groups, including those engaged in migrant smuggling, money laundering 
and financial crimes. 

North Macedonia continued its efforts to improve its track record in the area of fight against 
organised crime. The National Coordination Centre for the Fight against Organised Crime has 
improved  its  operational  capacity.  Relevant  institutions  have  assigned  their  representatives 
and  are  connected  to  the  Centre.  The  country  cooperates  in  operations  in  the  fight  against 
trafficking of human beings, weapons and drugs, both at bilateral and multilateral level.  

In  accordance  with  the  recommendations  of  the  Group  of  Experts  on  Action  against 
Trafficking in Human Beings (GRETA), a working group was established in 2020. In 2020, 
North Macedonia was involved in several organised crime cases at Eurojust, regarding drug 
trafficking and money laundering.  

North  Macedonia  has  made  progress  on  harmonisation  of  its  law  to  align  it  with  the  fourth 
anti-money  laundering  directive19.  The  register  of  beneficial  owners  was  launched  on  27 
January 2021 and is operational since 27 May 2021. 

Progress has also been made in ensuring that results from the FIU are used by the prosecution 
services, in accordance with the Implementing arrangement for North Macedonia of the Joint 
Action Plan on Counter Terrorism with the Western Balkans. The new module for monitoring 
and  feedback  of  cases  of  suspicious  transactions  submitted  by  the  FIU  to  the  competent 
authorities is established and tested. However, the module is not in use yet. Further efforts are 
needed to fully implement the new module on suspicious transactions reported by the FIU to 
the competent authorities and establish a track record about its use by the prosecution offices.   

b) Further strengthen the fight against corruption  

North  Macedonia  continued  implementing  reforms  in  the  fight  against  corruption.  The 
country  has  made  progress  in  consolidating  its  track  record  on  investigations,  prosecutions 
and final convictions in corruption cases, including at a high level.  

19    Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention 
of  the  use  of  the  financial  system  for  the  purposes  of  money  laundering  or  terrorist  financing,  amending 
Regulation  (EU)  No 648/2012  of  the  European  Parliament  and  of  the  Council,  and  repealing  Directive 
2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 
141 5.6.2015, p. 73) 

17 

 
 
                                                           
Within the restrictive measures applied during the state of emergency due to the COVID-19 
pandemic,  the  government  put  in  place  measures  for  the  suspension  of  the  procedural 
deadlines  in  judicial  procedures,  as  well  as  for  urgent  acts  by  the  courts  regarding  cases  of 
organised crime and corruption.  

A new Law on the Public Prosecutor’s Office, adopted in February 2020, entered into force in 
June  2020.  The  law  aims  to  provide  a  professional  and  impartial  prosecutorial  system,  in 
particular  ensuring  sustainability  of  the  cases  under  the  jurisdiction  of  the  Special  Public 
Prosecutor’s  Office.  Efforts  have  continued  to  move  forward  with  the  cases  of  the  former 
Special Prosecutor’s Office including with important verdicts.  

The State Commission for Prevention of Corruption (SCPC)20 has been proactive in fulfilling 
its mandate of verifying declaration of assets  and conflict  of interests. The budget  and staff 
has increased. In January 2020, the SCPC adopted a new National strategy for Prevention of 
Corruption and Conflict of Interests, with an action plan for 2020-2024. 

North  Macedonia  is  also  taking  action  to  implement  GRECO  recommendations.  A  working 
group within the Ministry of Interior was tasked to prepare amendments to the Law of Internal 
Affairs and the Law on the Police.  

3. Recommendations for North Macedonia 

North  Macedonia  has  taken  action  to  address  the  Commission  recommendations.  However, 
further  efforts  are  needed  in  the  areas  of  migration  management,  anti-money  laundering, 
counter-terrorism and the fight  against  corruption and organised crime, as well as regarding 
the acquisition of citizenship for special economic interest. In particular, the following areas 
need to be further addressed: 

  Further  improve  the  registration  of  migrants  in  a  more  systematic  manner;  tailor  the 
information campaigns on the visa-free regime to relevant migrant profiles, including as 
regards vulnerable groups, overstays and unfounded asylum applications. 

  Continue efforts in relation to areas related to the prevention and fight against corruption 
and organised crime as well as counter-terrorism by a) increasing the track record of final 
convictions  in  high-level  corruption  cases,  including  by  further  confiscating  criminal 
assets;  b)  further  strengthening  the  track  record  of  investigations,  prosecutions  and 
convictions  for  organised  crime  and  money  laundering;  c)  increasing  participation  in 
coordinated or joint investigations and prosecutions with countries in the region and with 
Member  States;  d)  making  full  use  of  the  National  Coordination  Centre  for  the  Fight 
against  Organised  Crime;  e)  continue  progressing  on  the  implementation  of  the  Joint 
Action Plan on Counter Terrorism for the Western Balkans; f) fully implementing the new 
module on suspicious transactions reported by FIU and establishing a track record about 
its use by the prosecution offices. 

20   Appointed in 2019 in accordance with the revised Law on Prevention of corruption and conflict of interest. 

18 

 
 
                                                           
  Ensure further alignment of the visa policy of North Macedonia with the EU lists of visa-
required  third  countries,  in  particular  as  regards  those  third  countries,  which  present 
irregular migration or security risks for the EU.  

  Refrain from enabling systematic acquisition of citizenship for special economic interest. 

VI. Republic of Serbia  

1.  Migration, asylum and readmission 

1.1 Actions taken in the area of migration, asylum and cooperation in readmission   

In 2020, the Republic of Serbia continued  taking action in the area of border and migration 
management and asylum, including reception conditions,  and to support the reintegration of 
returnees. 

As  regards  cooperation  with  Frontex,  the  ‘status  agreement’,  ratified  in  February  2021, 
entered  into  force  on  1  May,  with  operations  starting  in  June  2021.  Frontex  and  Member 
States report good cooperation with Serbia on returns and readmission.  

Member  States  also  report  in  general  good  cooperation  with  Serbia  in  the  field  of  border 
management, irregular migration and asylum. In 2020, EASO started implementing the new 
roadmap for cooperation with Serbia.  

The  Third  Report  under 
recommendations for Serbia: 

the  Visa  Suspension  Mechanism 

included 

the  following 

a)  Alignment  with  EU  visa  policy,  which  is  an  underlying  condition  for  the  continuous 
fulfilment of the migration management benchmark  

The visa policy of Serbia is not fully aligned with the list of third countries whose nationals 
are subject to a visa for short stays in the EU. 

 b)  Continue  to  organise  information  campaigns  on  the  rights  and  obligations  of  visa-free 
travel  

Serbia disseminated information on the rights and obligations of Serbian nationals under the 
EU  visa-free  regime  on  the  Internet  and  in  the  EU  Info  Centres  in  Belgrade,  Novi  Sad  and 
Nis.  

c)  Further  strengthen  the  border  control  process,  especially  border  surveillance,  including 
identification and registration measures, in full respect of fundamental rights  

On  the  basis  of  the  law  on  border  control  and  other  regulations,  border  surveillance  was 
carried  out  through  patrol  activities  and  other  operational-tactical  and  operational-technical 
measures  and  actions  along  the  borders.  Analyses  of  the  effects  of  border  surveillance  are 
ongoing at the local, regional and central levels.  

Based  on  the  Convention  on  Police  Cooperation  in  Southeast  Europe,  the  Ministry  of  the 
Interior  established  direct  cooperation  with  all  neighbouring  countries.  Cooperation  is 

19 

 
 
ongoing  on  joint  patrols  at  the  borders.  Information  exchange  takes  place  through  joint 
contact centres. Serbia also receives assistance for border management and capacity building 
activities from Member States. An EU-funded border management project is currently being 
managed by the IOM.  

1.2  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protection, returns and readmission   

In 2020, 2 835 applications for international protection were submitted by Serbian nationals in 
Member  States21,  a  decrease  of  57%  compared  to  2019.  The  recognition  rate22  slightly 
decreased from 4.8% in 2019 to 4.6% in 2020.   

In 2020, irregular border crossings of the EU external borders by nationals of Serbia fell by 
28%  to  21%.  However,  the  number  of  Serbian  nationals  found  to  be  irregularly  staying  in 
Member States increased by 23%, with 16 775 persons in 2020 compared to 13 635 in 2019. 
Refusals of entry issued to Serbians are on a downward path, evidenced by yearly decreases 
registered  since  2018.  The  number  of  Serbian  nationals  refused  entry  was  7  315  in  2020, 
compared to 8 300 in 2019, a decrease of 12%.  

Both the number of return decisions issued to Serbian nationals (6 545 in 2020 compared to 8 
745 in 2019) and the number of people effectively returned (3 230 in 2020 compared to 5 250 
in 2019) decreased respectively by 25% and 38% in 2020 compared to 2019. The return rate 
dropped from 60% in 2019 to 49% in 2020. Return operations by charter flights resumed as of 
mid-June  2020.  Frontex  reports  an  overall  good  operational  experience  in  return-related 
activities carried out in Serbia.  

2. Judicial cooperation, public order and security  

Actions taken in the area of judicial cooperation, public order and security 

Serbia  continued  implementing  actions  in  the  area  of  the  fight  against  organised  crime, 
including trafficking in drugs and in human beings, the fight against terrorism, the prevention 
of corruption and judicial cooperation in criminal matters. 

Member States report in general good cooperation with Serbia in the field of security. Serbia 
continued cooperating with Europol and Eurojust and engaged in joint activities with several 
Member  States.  Progress  is  still  needed  in  the  implementation  of  the  Joint  Action  Plan  on 
Counter Terrorism with the Western Balkans, as most of the actions contained in the bilateral 
arrangement  are  still  not  completed.  More  efforts  are  needed  to  prevent  all  forms  of 
radicalisation leading to violent extremism and terrorism. 

The following recommendations were included in the Third Report under the Visa Suspension 
Mechanism: 

a) Ensure the Europol liaison officer’s timely accreditation and deployment  

21   See footnote 3. 
22   See footnote 9. 

20 

 
 
                                                           
In December 2020, further to an evaluation of the project by Member States and supported by 
Europol, the Management Board of Europol decided to end the EU Pilot project to deploy  a 
Europol liaison officer to the Republic of Serbia. The deployment could not take place within 
the timespan of the project due to difficulties in finalising the accreditation procedure. 

b)  Establish  a  convincing  track  record  of  investigation,  prosecution,  and  convictions  in 
organised  crime  cases,  including  drugs  and  money  laundering,  based  on  proactive 
investigations (including systematic tracking of money flows and their confiscation as well as 
the efficient use of special investigative measure to collect relevant evidence). 

The  data  provided  by  Serbia  show  an  increase  in  the  number  of  indictments  in  organised 
crime  cases,  but  a  decrease  in  the  number  of  convictions  and  new  investigations  into 
organised  criminal  groups.  Part  of  the  decrease  could  be  explained  by  the  COVID-19 
pandemic, but there is also concern that the very low level of convictions and asset recovery 
are linked to the functioning of the criminal judicial system, especially the weaknesses in pre-
investigations, investigations and courts proceedings.  

3. Recommendations for Serbia  

Serbia  has  taken  action  to  address  the  Commission  recommendations.  However,  further 
efforts  are  needed  in  the  areas  of  integrated  border  management,  anti-money  laundering, 
counter-terrorism and in the prevention and fight  against corruption and organised crime. In 
particular, the following areas need to be further addressed: 

  Adopt the Schengen Action Plan, a programme launched in Belgrade with EU support in 
February  2019,  and  ensure  a  sufficient  involvement  of  all  relevant  institutions  at  the 
government level; develop and adopt a new integrated border management (IBM) strategy 
and action plan in line with new IBM concepts;  tailor the information campaigns on the 
visa-free  regime  to  relevant  migrant  profiles,  including  as  regards  vulnerable  groups, 
overstays and unfounded asylum applications.  

 

Increase  efforts  in  the  prevention  and  fight  against  organised  crime,  corruption  and 
terrorism  by  a)  improving  the  track  record  on  investigations,  indictments  and  final 
convictions  in  high-level  corruption  cases,  including  the  seizure  and  confiscation  of 
criminal assets; b) adopting a new anti-corruption strategy underpinned by a credible and 
realistic  action  plan  as  well  as  an  effective  coordination  mechanism;  c)  continuing 
progress  on  the  implementation  of  the  Joint  Action  Plan  on  Counter  Terrorism  for  the 
Western  Balkans;  d)  increase  efforts  in  the  prevention  of  all  forms  of  radicalisation 
leading to violent extremism and terrorism, including violent right-wing extremism. 

Ensure  further  alignment  of  Serbia’s  visa  policy  with  the  EU  lists  of  visa-required  third 
countries,  in  particular  as  regards  those  third  countries  which  present  irregular  migration  or 
security risks for the EU.  

21 

 
 
 
 
 
VII. Georgia  

1. Migration, asylum and readmission  

1.1.  Actions  taken  to  ensure  the  continuous  fulfilment  of  the  visa  liberalisation 
benchmarks 

Georgia  is  increasing  its  technical  resources  for  border  management  with  EU  support, 
including  under  the  Security,  Accountability  and  Fight  against  Crime  (SAFE)  programme, 
and support by Member States such as Latvia. A renewed working arrangement with Frontex 
was signed on 11 February 2021. 

In  view  of  strengthening  pre-departure  checks,  the  Parliament  of  Georgia  adopted 
amendments  to  the  law  regulating  entry  to  and  exit  from  the  territory  of  Georgia,  which 
entered  into  force  on  1  January  2021.  The  new  provisions  establish  criteria  that  mirror  the 
entry conditions for third-country nationals, as stipulated in the Schengen Borders Code. On 
21 December 2020, the Ministry of Internal Affairs issued an order on practical application of 
those amendments. 

The  2021-2030  migration  strategy  and  the  correspondent  2021  action  plan  were  adopted  in 
December 2020.  In July 2020, the State Commission on Migration Issues (SCMI) adopted a 
methodology  for  a  unified  migration  risk  analysis  system.  The  development  of  the  risk 
analysis  system  is  planned  to  be  finalised  by  2023.  In  March  2021,  Georgia  became  an 
observer at the European Migration Network (EMN).  

Asylum procedures were partially suspended in  Georgia between 2 April and 22 May 2020 
due  to  the  state  of  emergency  linked  to  the  COVID-19  pandemic,  except  as  regards 
applications for international protection and the issuance of asylum seekers’ certificates. The 
legislative  framework  on  the  issuance  of  international  protection  was  updated  including 
changes in the identification procedure for asylum-seekers at the border and the processing of 
personal data.  

Member  States  confirmed  continued  good  cooperation  on  return  and  readmission  with 
Georgian  authorities.  The  well-established  Readmission  Case  Management  System  proved 
particularly useful during the pandemic.  

As regards document security, Georgia reported it is exchanging information with Interpol on 
lost and stolen passports. Non-biometric passports will be fully phased out by 1 January 2025, 
when all non-biometric documents will expire.  

The visa policy of Georgia is not fully aligned with the list of third countries whose nationals 
are subject to a visa for short stays in the EU.  

22 

 
 
 
 
 
1.2. Actions taken to address the recommendations of the Third Report under the Visa 
suspension Mechanism in the area of migration 

Georgia addressed the following recommendations made in the Third Report under the Visa 
Suspension Mechanism: 

a) Strengthen operational cooperation to achieve and maintain a swift decrease in the number 
of unfounded applications for international protection lodged by Georgian nationals.  

Georgia  is  taking  action  to  address  the  issue  of  unfounded  applications  for  international 
protection lodged by Georgian nationals in the EU, including by strengthening pre-departure 
checks. 

In  the  context  of  joint  operations,  Frontex  has  increased  the  number  of  officers  advising 
national authorities in Tbilisi and Kutaisi international airports. Frontex officers participated 
in 2019-2020 in some of the preliminary checks and profiling of the passengers flying to EU 
destinations. Four Georgian police officers were deployed monthly to concerned EU Member 
States’ airports. The Ministry of Internal Affairs proactively exchanges information with the 
police attachés on the ground in order to prevent irregular migration.  

b)  Continue  organising  information  campaigns  on  the  rights  and  obligations  of  visa-free 
travel  

In 2020, awareness  raising campaigns continued to provide information  regarding the rights 
and obligations of Georgian nationals under the EU visa-free regime, the travel conditions and 
the consequences of the abuse of the visa-free regime, including via video clips and a social 
media campaign, launched at the end of 2020.  

1.3.  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protection, returns and readmission   

In 2020, the number of applications for international protection in Member States23 decreased 
by  60%  compared  to  2019,  with  8  860  applications  lodged  in  2020.  The  recognition  rate24 
increased from 4.1% in 2019 to 4.6% in 2020  

In  2020  there  were  30  irregular  border  crossings  of  Member  States  by  Georgians,  10  times 
less than in 2019 (328 irregular border crossings). In 2020, the number of Georgian nationals 
found to be irregularly staying in Member States decreased by 13%, with 10 360 persons in 
2020 compared to 11 870 in 2019. 

The number of refusals of entry issued to Georgian nationals decreased by 53%, from 4 435 in 
2019 to  2 065 in  2020. Since the overall trends  was previously on the  rise, this indicator is 
likely to pick up again once the COVID-19 pandemic subsides.  

23   See footnote 3. 
24   See footnote 9. 

23 

 
 
                                                           
As regards returns of Georgian nationals, the return rate decreased from 52% in 2019 to 47% 
in 2020. The trend is due to the decrease in the number of return decisions issued to nationals 
of Georgia by 27% (11 985 in 2020 compared to 16 310 in 2019) and the decrease by 33% in 
the  number  of  people  effectively  returned  (5  685  in  2020  compared  to  8  520  in  2019), 
however  

Frontex  reports  a  satisfactory  implementation  of  the  EU  Readmission  Agreement  in  2020. 
Several Member States report good cooperation with Georgia, in particular as regards the use 
of return flights.  

2. Judicial cooperation, public order and security  

2.1. Actions taken to ensure the continuous fulfilment of the benchmarks 

Member  States  report  in  general  good  cooperation  with  Georgia  in  the  field  of  security. 
Georgia continued cooperating with Europol and Eurojust and engaged in joint activities with 
several Member States. 

Georgia  continued  to  fight  against  organised  crime  within  the  framework  of  the  national 
strategy on combating organised crime and the corresponding action plans. On 19 December 
2020, the Parliament  of  Georgia  adopted legislative amendments  regarding operative search 
activities  aiming  at  enhancing  the  fight  against  organised  crime,  drug  crime,  trafficking  in 
human  beings,  cybercrime  and  other  serious  crimes.  In  December  2020,  the  Trafficking  in 
Human Beings Council approved the anti-trafficking national action plan, taking into account 
EU  recommendations.  The  function  of  the  Anti-Corruption  Council  Secretariat  has  been 
transferred  from  the  Ministry  of  Justice  to  the  Administration  of  Government  on  16  March 
2021. By 2021, GRECO considered that most of its recommendations had been partly or fully 
implemented.  The  mechanism  of  verification  of  declaration  of  assets  introduced  in  2017 
continues to function.  

The 2021-2022 action plan on the fight against drugs and the 2021-2026 national strategy for 
the prevention of drug abuse were adopted in February 2021. The National Drug Observatory 
was established in January 2020 to collect and analyse information on drug-related issues.  

Georgia is implementing a national strategy on the fight against terrorism and its action plan. 
The  country  is  involved  in  international  efforts  to  fight  against  terrorism  and  is  an  active 
member of the Global Coalition against Daesh. Georgia has a comprehensive legal framework 
in  place  to  criminalise  terrorism  financing  and  has  adopted  a  Law  on  Facilitating  the 
Suppression of Money Laundering and Terrorism Financing. However, Georgia continues to 
be considered as partly compliant with the FATF recommendation relating to an independent 
FIU. 

Amendments  relating  to  the  fourth  wave  of  judicial  reform  entered  into  force  in  2020, 
covering  disciplinary  violations,  the  regulation  of  the  functioning  of  the  High  Council  of 
Justice  (HCoJ)  and  the HCoJ  reform.  The  publication  of  judicial  decisions  was  put  on  hold 
following the July 2020 ruling of the Constitutional Court. 

24 

 
 
the  nomination  process  of  Supreme  Court 

On  30  September  2020  and  on  1  April  2021  the  Georgian  Parliament  adopted  amendments 
judges.  Following  EU 
concerning 
recommendations,  Georgia  requested  an  ex-post  assessment  to  the  Venice  Commission.  On 
12  July  2021,  the  Georgian  Parliament  appointed  6  Supreme  Court  judges  according  to  the 
previous appointment system, going against the advice of the EU and the recommendations of 
the Venice Commission. 

As  regards  cooperation  with  Eurojust,  in  June  2020,  a  Georgian  liaison  prosecutor  was 
deployed  to  Eurojust.  Operational  cooperation  with  Europol  continued,  including  via 
Georgian Liaison Office at the agency.  

2.2. Actions taken to address the recommendations of the Third Report under the Visa 
Suspension Mechanism 

a) Strengthen cross-border law enforcement cooperation to fight against Georgian organised 
crime groups and as part of this process, finalise the reform on intelligence-led policing as a 
matter of priority 

In  2020,  Georgia  concluded  agreements  on  law  enforcement  cooperation  with  France  and 
Spain.  The  previously  signed  agreement  with  Greece  entered  into  force  on  13  March  2020. 
The  Georgian  Liaison  Office  at  Europol  participated  in  the  work  of  the  European  Serious 
Organised  Crime  Centre  (ESOCC).  Georgia  cooperates  with  numerous  Member  States 
(including  Austria,  Belgium,  Finland,  Spain,  and  Sweden)  by  exchanging  information  via 
police  liaison  officers,  through  trainings  and  joint  analysis  teams,  among  other  activities. 
Georgia also deploys police attachés in 11 EU Member States. Efforts continue to enhance the 
unified system of crime analysis.  

3. Recommendations for Georgia 

Overall, Georgia continues to fulfil the visa liberalisation benchmarks and has taken action to 
address the Commission recommendations. However, further efforts are needed to address the 
issue  of  unfounded  asylum  applications  in  Member  States  as  well  as  in  the  areas  of  anti-
money laundering, the prevention and fight against corruption and against organised crime. In 
particular, the following areas need to be further addressed :  

  Continue  to  proactively  address  the  issue  of  unfounded  asylum  applications  in  Member 
States;  tailor  the  information  campaigns  on  the  visa-free  regime  to  relevant  migrant 
profiles,  including  as  regards  vulnerable  groups,  overstays  and  unfounded  asylum 
applications. 

 

Improve  the  efficiency  of  anti-corruption  institutions  and  law  enforcement  agencies  in 
order  to  better  address  the  cases  of  high  corruption;  ensure  that  all  such  cases  are 
investigated. 

  Finalise the reform of the Supreme Court by bringing the selection procedure for judges  
fully  in  line  with  Venice  Commission  recommendations  and  with  European  standards; 

25 

 
 
 
finalise  the    reform  of  prosecution,  including  by  the  separation  of  functions  between 
investigators and prosecutors; finalise the operational development of the FIU by ensuring 
that (a) it is able to obtain  necessary information from reporting entities and (b) has full 
access  on  a  timely  basis  to  the  necessary  financial,  administrative  and  law  enforcement 
information to undertake its functions properly; continue the efforts in the prevention and 
fight  against  organised  crime,  in  particular  against  the  laundering  of  profits  from  illegal 
activities; continue efforts to fully align national legislation with the EU acquis on Anti-
Money Laundering and Counter Terrorist Financing. 

  Ensure further alignment of Georgia’s visa policy with the EU lists of visa-required third 
countries, in particular as regards those third countries which present irregular migration 
or security risks for the EU. 

VIII. Republic of Moldova  

1.  Migration, asylum and readmission 

1.1.  Actions  taken  to  ensure  the  continuous  fulfilment  of  the  visa  liberalisation 
benchmarks  

The  Republic  of  Moldova  developed  the  2021-2023  action  plan  on  integrated  border 
management,  including  most  of  the  proposals  provided  in  May  2020  by  the  EU  Border 
Assistance Mission to Moldova and Ukraine (EUBAM).   

In  2020,  Moldovan  border  police  and  custom  services  continued  addressing 
recommendations of the Joint Assistance Exercise ‘DEMETRA’25.  

the 

Border  controls  have  been  reinforced  along  the  Moldovan-Ukrainian  border  with  joint 
patrolling. 

Under  the  Frontex-Moldova  working  arrangement,  Frontex  has  initiated  consultations  with 
Moldova on a 2021-2023 cooperation plan. EUBAM continued supporting the modernisation 
of  border  facilities  in  cooperation  with  the  Moldovan  and  Ukrainian  border  and  customs 
agencies. Frontex and Member States report good cooperation on return and readmission. 

As  regards  document  security,  due  to  the  fact  that  non-biometric  passports  have  not  been 
issued  since  1  January  2011,  all  non-biometric  passports  expired  by  1  January  2021, 
completing  the  phasing  out  of  non-ICAO  (International  Civil  Aviation  Organisation) 
compliant  passports.  Moldova  reported  continuous  efforts  to  improve  the  capacity  of 
detection of false or falsified documents, both at the state borders and inside the country. The 
national  database  of  false  documents  is  regularly  updated  and  Moldova  exchanged 
information with third countries and Frontex.  

25  
Conducted  in  2018  by  EUBAM  with  the  General  Inspectorate  of  Border  Police  and  the  Moldovan 
Customs  Services  with  the  aim  of  assessing,  inter  alia,  compliance  with  EU  standards  of  aspects  of  border 
control applied on travellers at selected border crossing points. 

26 

 
 
 
                                                           
The visa policy of Moldova is not fully aligned with the list of third countries whose nationals 
are subject to a visa for short stays in the EU. 

1.2. Actions taken to address the recommendations of the Third Report under the Visa 
suspension Mechanism in the area of migration 

a) Strengthen operational cooperation to achieve a swift decrease in the number of unfounded 
applications for international protection lodged by Moldovan nationals in the Member States  

Moldovan authorities are conducting bilateral dialogues on unfounded asylum applications by 
Moldovan  nationals  with  Germany  and  the  Netherlands  and  have  expressed  willingness  to 
proceed in a similar way with France.    

The  Moldovan  Ministry  of  Internal  Affairs  has  established  a  working  group  with 
representatives of the General Inspectorate of Border Police, the General Police Inspectorate 
and  the  Bureau  of  Migration  and  Asylum.  The  working  group  tackles  issues  related  to 
migration,  readmission, cooperation  in  the  field  of  criminal  prosecution,  as  well  as  possible 
risks related to the visa free regime with the EU.  

Moldovan  authorities  have  also  strengthened  efforts  towards  the  integration  of  vulnerable 
communities, informing them also about the rules of travel to the EU. 

b)  Continue  to  organise  information  campaigns  on  the  rights  and  obligations  of  visa-free 
travel  

Moldova  continued  to  carry  out  information  campaigns  addressed  to  the  general  public  and 
members of vulnerable communities. According to Moldovan authorities, the revised edition 
of  the  Guide  on  free  movement  in  the  EU,  clarifying  rights  and  obligations  of  the  visa-free 
regime,  continues  to  be  the  key  tool  for  information  activities  of  the  Ministry  of  Foreign 
Affairs and European Integration.  

1.3.  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protection, returns and readmission   

The  number  of  applications  for  international  protection  by  Moldovan  nationals  in  Member 
States26 decreased by 24% between 2019 and 2020, with 6 865 applications lodged in 2020. 
The recognition rate27 slightly increased from 0.8% in 2019 to 1.0% in 2020.  

In  2020,  attempts  by  Moldovan  nationals  to  cross  the  EU  external  borders  irregularly 
remained very low (34).  The number of Moldovan nationals  found to  be irregularly staying 
rose  from  16  540  in  2019  to  24  685  in  2020  (an  increase  of  49%).  In  2020,  the  number  of 
Moldovan  nationals  being  refused  entry  in  Member  States  continued  to  rise,  reaching  the 

26   See footnote 3. 
27   See footnote 9. 

27 

 
 
 
                                                           
highest  number  on  record  for  this  nationality  (increased  by  28%,  from  7  940  in  2019  to  10 
140 in 2020).  

In 2020, the number of return orders issued to Moldovan nationals decreased by 10% (6 755 
in 2020 compared to 7 540 in 2019). The number of effective returns was 44%  less than in 
2019 (2 620 in 2020 compared to 4 720 in 2019). The return rate decreased from 63% in 2019 
to  39%  in  2020.  Member  States  report  however  good  cooperation  on  readmission  of  own 
nationals and Frontex reports a smooth implementation of return operations.  

2. Judicial cooperation, public order and security  

2.1. Actions taken to ensure the continuous fulfilment of the benchmarks 

In  2020,  Moldova  continued  cooperating  with  Europol  and  Eurojust  and  engaged  in  joint 
activities  with  several  Member  States,  which  report  good  cooperation  with  Moldova  in  the 
field of security. 

Moldova  has  invested  substantially  in  policy  reforms  to  combat  the  nexus  of  corruption, 
organised  crime  and  illicit  financial  flows.  However,  there  is  still  room  to  strengthen  and 
streamline  capacity  and  results  in  the  seizure  and  confiscation  of  assets  linked  to  illicit 
activity. The law on prosecutors was amended in July 2020, providing for the appointment of 
prosecutors  by  transfers  instead  of  competitions.  In  2020,  a  new  Chief  Prosecutor  for  the 
Office of Combatting Organised Crime was selected without competition. 

Moldova has increased the annual budget of anti-corruption institutions including the National 
Integrity Authority (NIA), the Criminal Asset Recovery Agency and the FIU. A parliamentary 
commission  on improving  the  legal  framework  governing  NIA’s  activity  was  established  in 
March 2021.  

In April 2019, the General Prosecutor approved guidelines on parallel financial investigation, 
aimed  at  implementing  EU  standards.  In  August  2019,  the  Parliament  approved  legislation 
designed to minimise the risks of money laundering, to establish voluntary declarations and a 
fiscal stimulation program. The law on anti-money laundering sanctions entered into force in 
December 2020.  

Additionally, in order to comply with the recommendations of the Moneyval Committee, the 
Parliament  approved  the  2020-2025  national  strategy  and  action  plan  on  anti-money 
laundering and counter-terrorism financing, developed by the Office for Prevention and Fight 
against  Money  Laundering  (OPFML).  The  OPFML  also  approved  the  regulation  on  the 
control procedures for reporting entities, the individualisation and application of the sanctions 
for violations of the legislation on money laundering and terrorist financing. 

Moldovan  authorities  have  put  in  place  a  2018-2023  national  strategy  for  preventing  and 
combating  trafficking  in  human  beings  and  the  accompanying  2018-2020  action  plan. 
Moldova  continued  to  benefit  from  the  EU4Monitoring  Drugs  programme  implemented  by 
the European Monitoring Centre for Drugs and Drug Addiction. 

28 

 
 
Judicial  cooperation  in  criminal  matters  continued  through  the  implementation  of  the  2014 
Eurojust-Moldova cooperation agreement.  

Moldovan  law  enforcement  authorities  actively  participated  in  joint  targeted  operations 
organised by EUBAM in  cooperation with  Europol,  Frontex and OLAF  as well as in  cross-
border exercises (also organised by EUBAM) aiming at developing and strengthening inter-
agency  and  cross-border  cooperation  between  Ukraine  and  Moldova,  in  thematic  working 
groups  and  cross-border  cooperation  platforms  on  preventing  and  combating  cross-border 
crime, as well as on the evaluation and improvement of the alert mechanism and the exchange 
of information on cross-border crime-related cases. 

Moldova  ran  an  investor  citizenship  scheme  between  2018  and  2020.  The  scheme  was 
abolished on 1 September 2020, although applications submitted until that date continue to be 
examined.  

2.2. Actions taken to address the recommendations of the Third Report under the Visa 
Suspension Mechanism 

a)  Continue  effective  consultations  to  adopt  a  strategic  concept  and  action  plan  for  justice 
reform based on a comprehensive diagnostic, ensuring wide consensus from stakeholders and 
in strict adherence with the Constitution and EU recommendations  

Work continued on the strategy for ensuring independence and integrity of the justice sector 
for 2021 - 2024 and on the action plan for its implementation. The final version of the draft 
strategy  and  action  plan  was  adopted  by  the  government  on  28  October  2020  and  by  the 
Parliament on 26 November 2020. On 17 February 2021, the President of Moldova returned 
the  strategy  and  action  plan  to  the  Parliament  asking  for  a  modification  of  mechanisms  of 
evaluation  of  judges  and  prosecutors  and  requesting  the  suppression  of  Article  307  of  the 
Criminal Code which allows the criminal prosecution of judges issuing decisions contrary to 
the law. The work on amendments is ongoing.  

b) Ensure progress with regard to  the adoption of  constitutional amendments  related to  the 
judiciary in line with the Venice Commission’s recommendations 

On 1 July 2020, following consultations with the Venice Commission, the Council of Europe 
and  the  European  Commission,  the  draft  constitutional  amendments  were  submitted  for 
consultation by the government to the Constitutional Court. After additional consultations and 
readjustments,  the  Constitutional  Court  issued  a  positive  opinion  on  the  modified  draft 
amendments,  which  were  subsequently  presented  to  the  Parliament  on  10  December  2020. 
Proposed amendments will need to be adopted not before six months and not later than twelve 
months upon registration with the Parliament. 

c)  Significantly  reduce  the  existing  backlog  of  e-declarations  by  the  National  Integrity 
Authority (NIA) and ensure the effective implementation  of the Asset Recovery Strategy and 
the asset declaration system with regard to all high-level actors  

Since 2016, the Automated Information System "e-Integrity" makes public the declarations of 
assets  and  personal  interests  (with  the  exception  of  personal  data),  immediately  after  being 
29 

 
 
digitally signed. The number of declarations is high (in 2019 it was nearly 65 000). The NIA 
checks  only  a  selected  number  of  those  declarations,  with  priority  given  to  members  of 
Parliament, judges, prosecutors and high-level civil servants (e.g. heads of districts, etc.). In 
2020, 45% of all verifications concerned those priority declarations (1332 in all), which were 
all processed.  

d)  Strengthen  efforts  in  order  to  perform  and  finalise  an  impartial  and  comprehensive 
investigation  and  prosecution  of  the  2014  banking  fraud,  with  a  view  to  bringing  all  those 
responsible to justice without further delay and to recovering the misappropriated funds.  

In June 2020, an agreement was signed with the Prosecutor General’s Office of Latvia on the 
creation of a Joint Investigation Team to examine the 2014 banking fraud case, in line with 
the conditions for the disbursement of the second tranche of the regular programme of macro-
financial assistance. By 2020, trials had been repeatedly postponed, charges had been dropped 
against shareholders in the affected banks and convicted perpetrators had been released from 
prison early. 

e)  Ensure  the  effective  implementation  of  the  Asset  Recovery  strategy  and  the  asset 
declaration system with regard to all high-level actors  

The Criminal Assets Recovery Agency and other law enforcement bodies execute since June 
2018 the asset recovery strategy, to recover funds fraudulently obtained from three banks and 
state budget between 2010 and 2015. The target is to trace and obtain return of 10 700 000 
000 Moldovan lei (546 000 000 Euro) of assets by the end of 2021.  

3. Recommendations for Moldova  

Overall,  Moldova  continues  to  fulfil  the  visa  liberalisation  benchmarks.  However,  further 
efforts  are  needed  to  address  the  issue  of  unfounded  asylum  applications  as  well  as  in  the 
areas  of  financial  fraud,  anti-money  laundering,  the  prevention  and  fight  against  corruption 
and organised crime. In particular, the following areas need to be further addressed: :  

  Continue tailoring the information campaigns on the visa-free regime to relevant migrant 
profiles,  including  as  regards  vulnerable  groups,  overstays  and  unfounded  asylum 
applications. 

  Adopt  a  strategy  and  action  plan  for  justice  reforms,  adopt  constitutional  amendments 
related  to  the  judiciary  in  line  with  the  Venice  Commission’s  recommendations  and 
ensure that judicial appointments are carried out in a merit-based and transparent selection 
process,  including  well-reasoned  justifications  for  appointments  and  rejections  with 
reference to competence and integrity criteria. 

  Continue efforts against corruption especially by ensuring the effective implementation of 
the  asset  declaration  system  by  high-level  actors,  imposing  effective  division  of  the 
competences  of  the  anti-corruption  agencies  and  ensuring  that  the  Anti-Corruption 
Prosecution Office focuses on high-level corruption cases. Increase efforts against money 

30 

 
 
 
laundering  by  adopting  secondary  legislation  implementing  the  law  on  anti-money 
laundering  sanctions,  progressing  in  the  investigation  and  prosecution  of  major  money-
laundering  schemes  and  align  national  legislation  with  the  EU  acquis  on  Anti-Money 
Laundering and Counter Terrorist Financing. Strengthen the efforts against bank fraud by 
updating criminal asset recovery strategy and setting up a new asset recovery mechanism 
and finalising the investigation of the 2014 banking fraud with the purpose of bringing all 
responsible to justice and recovering the misappropriated funds. 

  Ensure further alignment of Moldova’s visa policy with the EU lists of visa-required third 
countries, in particular as regards those third countries, which present irregular migration 
or security risks for the EU. 

IX. Ukraine 

1. Migration, asylum and readmission 

1.1  Actions  taken  to  ensure  the  continuous  fulfilment  of  the  visa  liberalisation 
benchmarks 

In  2020,  Ukraine  continued  implementing  the  2019-2025  integrated  border  management 
strategy  and  the  correspondent  action  plan,  but  only  a  limited  number  of  objectives  with 
deliverables  have  been  completed.    Cooperation  with  Frontex  continued;  a  Frontex  Liaison 
Officer with regional mandate for the Eastern Partnership is soon to be deployed in Kyiv.   

Ukraine  continued  implementing  the  2018  -  2021  migration  policy  strategy  and  its  action 
plan. Ukraine also s regularly raises awareness on the rights of asylum seekers in state bodies 
and local communities, via information campaigns and meetings with local authorities.  

Poland  identified  Ukrainian  nationals  holding  more  than  one  legally  issued  passport, 
sometimes with modified personal data, which could allow them to stay in the EU beyond the 
limit of 90 days in any 180-day period.  

Concerning document security, Ukraine issues biometric passports since 2015. The last non-
biometric passports were issued in 2016 and their complete phasing-out is planned for 2026, 
when they will expire.  

The visa policy of Ukraine is not fully aligned with the list of third countries whose nationals 
are subject to a visa for short stays in the EU. 

1.2 Actions taken to address the recommendations of the Third Report under the Visa 
suspension Mechanism in the area of migration 

a)  Strengthen  operational  cooperation  with  Member  States  to  decrease  irregular  migration 
by Ukrainian nationals to the Member States  

EU Member States signalled a general good cooperation with Ukraine in the area of return of 
irregular  stayers.  Some  Member  States  signalled  issues  mostly  relating  to  the  unclear 
delimitation of competences of various state agencies. Germany reported issues with the slow 

31 

 
 
 
treatment  of  readmission  requests.  Ukraine  made  and  effort  to  accelerate  the  readmission 
dialogue  and  the  drafting  of  implementation  protocols  and  has  also  increased  efforts  to 
dismantle  networks  involved  in  human  smuggling  of  both  nationals  and  foreigners  to  the 
territory of EU. 

b)  Continue  to  organise  information  campaigns  on  the  rights  and  obligations  of  visa-free 
travel 

Ukraine  carried  out  information  campaigns  on  the  prevention  of  irregular  migration  and  on 
the  associated  risks.  They  included  information  seminars  and  webinars  held  in  employment 
centres and through interactive online information tools.  

1.3.  Monitoring  of  trends  in  irregular  migration,  applications  for  international 
protection, returns and readmission 

In 2020, the number of Ukrainian applicants for international protection in Member States28 
was  6  020,  37%  less  than  in  2019.  The  recognition  rate29  slightly  increased  from  10.2%  in 
2019 to 11.0% in 2020.   

The number of Ukrainian nationals illegally crossing the EU border is marginal (93 in 2019, 
87 in 2020). 50 570 Ukrainian nationals were found to be irregularly staying in EU (41 705 in 
2019, an increase of 21%). The number of refusals of entry to Ukrainian nationals decreased 
by 15%, from 66 390 in 2019 to 56 450 in 2020. .  

In 2020, the number of return orders issued to Ukrainian nationals decreased by 42% (21 630 
in 2020 compared to 37 095 in 2019). The number of effective returns was 79% less than in 
2019 (5 585 in 2020 compared to 27 200 in 2019) and the return rate decreased from 73% in 
2019 to 26% in 2020.  

2. Judicial cooperation, public order and security  

2.1. Actions taken to ensure the continuous fulfilment of the benchmarks 

Member  States  report  in  general  good  cooperation  with  Ukraine  in  the  field  of  security. 
Ukraine continued cooperating with Europol and Eurojust and engaged in joint activities with 
several Member States. 

In June 2020, the Parliament adopted a new law on the repression of organised crime. In order 
to clarify the competences of law enforcement agencies, another law adopted in January 2021 
limited  the  responsibilities  of  State  Security  to  counter-terrorism,  counter-intelligence,  and 
national  security,  among  other  areas.  Law  enforcement  competence  formerly  belonging  to 
State Security was attributed to the State Bureau of Investigation (SBI). In January 2021, the 
Parliament also adopted the law on the State Bureau of Economic Security, establishing the 
State Fiscal Service, a new agency that will replace the tax police.  

28   See footnote 3. 
29   See footnote 9. 

32 

 
 
 
                                                           
Ukraine gives access to most of its databases to Europol. Cooperation with Eurojust continued 
via the Ukraine representative at the EU agency.   

In  August  2020,  the  President  issued  a  decree  on  the  National  Coordinator  in  the  area  of 
combating  trafficking  in  human  beings.  An  interdepartmental  working  group  on  the 
development of the State drug policy strategy for the period up to 2030 was created.  

As regards the fight against terrorism, priority has been given to address incidents related to 
the  armed  conflict  in  Donetsk  and  Luhansk  areas.  In  2020,  the  State  Security  continued 
actions  against  Ukraine-based  activists  and  supporters  of  extremist  organisations  from  the 
Middle  East,  Central  Asia  and  North  Africa.  Ukraine  is  considered  as  compliant  with  the 
FATF recommendation on FIU independence.  

The  High  Anti-Corruption  Court  (HACC)  began  to  operate  in  September  2019;  permanent 
premises  were  finally  provided.  The  National  Anti-Corruption  Bureau  of  Ukraine  (NABU) 
has  continued  building  its  track  record  of  high-level  corruption  investigations  based  on 
improvements to its powers and capacities.  

The cooperation between the NABU and the Specialised Anti-Corruption Prosecutor's Office 
(SAPO)  improved.  However,  in  August  2020,  the  Constitutional  Court  of  Ukraine  (CCU) 
declared  unconstitutional  the  2015  presidential  decree  appointing  the  NABU  Director.  In 
September 2020, the CCU also declared unconstitutional certain provisions of the NABU law, 
including those empowering the President to establish the NABU, which left the NABU in a 
situation of legal uncertainty.  

In  October  2019,  a  law  was  adopted  in  order  to  reboot  the  National  Agency  for  Corruption 
Prevention  (NACP),  ensuring  the  verification  of  the  annual  declarations  of  income  and 
property  of  public  officials.  The  2020-2024  anti-corruption  strategy  was  approved  by  the 
Cabinet of Ministers in September 2020, but its adoption by the Parliament was delayed.   

In  October  2020,  the  Constitutional  Court  declared  unconstitutional  the  asset  declaration 
system,  the criminal  liability for false declarations and key corruption prevention powers of 
the NACP. Although on 4 December 2020 the relevant legislation was partially reinstated, the 
deterrent sanctions for the false asset declarations are still missing. Ukraine still needs to bring 
its  legislation  in  compliance  with  the  Venice  Commission  Opinion  of  6  May  2021,  which 
called for a strong asset declaration system with a proportionate but deterring sanction regime.  

The Asset Recovery and Management Agency (ARMA) is in charge of tracing and managing 
assets  acquired  by  criminal  proceedings  and/or  corruption,  as  recommended  by  GRECO. 
However,  since  the  end  of  2019,  the  Agency  is  managed  by  an  Acting  Head,  while  the 
selection  of  its  permanent  head  is  delayed.  The  Agency  also  suffers  from  a  deficient  legal 
framework on the management of seized assets and from the absence of a strategic framework 
on asset recovery.  

Notwithstanding  all  the  efforts  described  above,  progress  in  the  area  of  fight  against 
corruption  is  not  sufficient,  especially  as  regards  the  cases  of  high  corruption  and  state 
capture, which are rarely efficiently investigated and prosecuted, with few condemnations.  

33 

 
 
The  anti-money  laundering  (AML)  legislation  was  enacted  in  April  2020,  yet  it  is  not  fully 
operational due to the lack of secondary legislation.  

2.2 Actions taken to address the recommendations of the  Third Report under the Visa 
Suspension Mechanism.  

a)  Ensure  the  independence,  effectiveness  and  sustainability  of  the  anti-corruption 
institutional framework and avoid politicisation of the work of all law enforcement agencies. 
Ensure  that  the  appointment  and  dismissal  of  the  all  law  enforcement  agencies  leadership 
takes place in strict accordance with the law. Ensure that the relaunched National Agency for 
the Prevention of Corruption credibly fulfils its mandate. 

As stated above, the Constitutional Court has issued a number of decisions that had negative 
impact on the anti-corruption institutional framework, in particular as regards NABU, NACP 
and the asset declaration system. The reform of anti-corruption framework progresses slowly, 
existing institutions face many obstacles in their functioning, public trust in their efficiency is 
low and the number of convictions resulting from grand corruption is small.  

In  October  2020,  the  Prosecutor  General  approved  the  2021-2023  strategy  for  the 
development  of  the  Prosecutor's  Office.  The  ongoing  attestation  of  prosecutors  is  set  to 
continue but the attestation period needs to be extended beyond September 2021. The interim 
rules for the selection of management-level prosecutors made the selection more transparent, 
but they still need to be improved for the permanent period starting in September 2021.  

In  December  2020,  the  Parliament  revised  the  law  on  recruitment  to  SAPO.  There  is  an 
ongoing open competition for vacant administrative positions in SAPO, including the position 
of Deputy Prosecutor General - Head of SAPO. The selection process for a new Head of the 
SBI  started  in  2020  but  suffers  from  delays.  The  appointment  of  the  leadership  of  law 
enforcement agencies usually takes a long time and its transparency is not sufficient.  

d)  Reinforce  the  capacities  of  the  National  Police  and  improve  the  cooperation  and 
delineation between law enforcement agencies to better tackle organised crime.  

Ukraine  continued  its  efforts  to  upgrade  the  training  and  modernise  the  equipment  of  law 
enforcement  agencies.  The  question  of  competences  of  law  enforcement  agencies  started 
being addressed. The State Security Service was refocused to areas such as counter-terrorism, 
counter-intelligence  and  national  security.  The  law  enforcement  competence  formerly 
belonging  to  the  State  Security  Service  (SSU)  was  attributed  to  the  State  Bureau  of 
Investigation (SBI). However, the current legislation still does not clearly delineate organised 
crime functions between all the law enforcement agencies.  

34 

 
 
 
 
3. Recommendations for Ukraine 

Overall,  Ukraine  continues  to  fulfil  the  visa  liberalisation  benchmarks.  However,  further 
efforts  are  needed  to  address  the  issue  of  unfounded  asylum  applications  as  well  as  in  the 
areas of the fight against corruption, money laundering and the prevention and fight against 
organised crime. In particular, the following areas need to be further addressed: :  

  Continue  efforts  to  reduce  the  number  of  nationals  of  Ukraine  irregularly  staying  in 

EU Member States and lodging unjustified asylum applications; 

  Eliminate the possibility for nationals of Ukraine to hold more than one valid passport 
at  a  time;  stop  the  issuance  of  such  ‘additional’  passports  and  cancel  the  validity  of 
those which have been issued;  

  Tailor the information campaigns on the visa-free regime to relevant migrant profiles, 
including as regards vulnerable groups, overstays and unfounded asylum applications.  

 

Improve the efficiency of anti-corruption institutions and law enforcement agencies by 
focusing the main efforts in the area of  anti-corruption on cases of grand corruption 
and state capture; 

  Adopt the necessary legislation on NABU that would remove the legal uncertainty of 

its status;  

  Carry out a transparent, depoliticised and merit-based selection of the heads of NABU, 
SAPO,  ARMA  and  law  enforcement  agencies,  as  well  as  management-level 
prosecutors,  using  adequate  procedures  and  selection  criteria,  including  a  credible 
integrity check; 

 

Improve  ARMA  legislation  related  to  the  management  of  seized  assets  and  adopt  a 
relevant national strategy on asset recovery;  

  Create  conditions  for  NABU  and  other  eligible  agencies  to  carry  out  autonomous 

wiretapping of communication;   

 

Improve the effectiveness of the fight against organised crime and money laundering 
by  a)  fully  introducing  the  intelligence-led  policing  into  the  national  strategy  on  the 
fight  against  organised  crime;  b)  clarifying  and  delineating  competences  of  all  law 
enforcement  agencies  and  taking  measures  to  ensure  that  exclusive  competence  to 
investigate,  prosecute  and  adjudicate  high-level  corruption  cases  is  ensured  for 
NABU, SAPO and HACC; c) continuing efforts to fully align national legislation with 
the  EU  acquis  on  Anti-Money  Laundering  and  Counter  Terrorist  Financing  and 
reinforce its implementation;  

  Ensure  further  alignment  of  Ukraine’s  visa  policy  with  the  EU  lists  of  visa-required 
third  countries,  in  particular  as  regards  those  third  countries  which  present  irregular 
migration or security risks for the EU. 

35 

 
 
 
 
 
X. Conclusions  

The  European  Commission  considers  that  all  the  assessed  countries  have  taken  actions  to 
address  the  Commission  recommendations  made  in  the  Third  Report  under  the  Visa 
Suspension  Mechanism.  As  regards  the  countries  whose  nationals  obtained  the  visa 
exemption  less than seven  years ago,  for which  the assessment of the fulfilment  of the visa 
liberalisation  benchmarks  is  still  relevant,  the  Commission  considers  that  the  visa 
liberalisation requirements continue to be fulfilled. However, further actions need to be taken 
in specific areas in order to ensure continuous fulfilment of the benchmarks and to continue 
addressing the Commission recommendations. 

The COVID-19 pandemic and the related travel restrictions had a major impact on migration 
flows,  leading  to  a  significant  reduction  of  many  migration-related  indicators.  Asylum 
applications suffered a sharp temporary decrease in the spring of 2020, followed by a quick 
recovery.  Although,  in  general,  the  number  of  applications  remained  well  below  pre-
pandemic levels, several countries need to continue addressing the issue of unfounded asylum 
applications,  including  by  strengthening  participation  in  EMPACT  and  by  continuing 
organising targeted information campaigns.   

The  pandemic  also  had  a  profound  impact  on  returns  of  nationals  of  the  countries  covered. 
The  travel  restrictions  and  the  limited  availability  of  flights  made  it  difficult  to  carry  out 
return  operations  in  2020.  Although  the  return  rate  decreased  for  nationals  of  all  eight 
countries,  Frontex  and  Member  States  continue  to  report,  in  general,  good  cooperation  in 
return and readmission.   

Improvements  in  the  areas  of  border  and  migration  management  are  still  needed  and  the 
reception  capacity  in  some  Western  Balkan  partners  (especially  Bosnia  and  Herzegovina) 
continues  to  raise  concerns.  North  Macedonia  and  Bosnia  and  Herzegovina  should  also 
conclude and implement the Frontex ‘status agreements’. 

In  order  to  ensure  a  well-managed  migration  and  security  environment,  as  an  underlying 
condition  for  the  continuous  fulfilment  of  the  benchmarks,  all  the  countries  covered  should 
ensure their alignment with the EU’s visa policy, in particular as regards the countries whose 
nationals  require  a  visa  for  entry  and  short-stays  in  the  EU.  In  addition,  in  order  to  prevent 
possible circumventions of the EU short-stay visa procedure and the in-depth  assessment of 
individual  migratory  and  security  risks  it  entails,  the  Commission  urges  visa-free  countries 
running investor citizenship schemes to effectively phase them out.   

The countries reported on continued to take measures to prevent and fight against organised 
crime.  However,  further  efforts  are  needed,  in  particular  as  regards  delineation  of 
competences and coordination among law enforcement agencies and the effectiveness of the 
fight  against  organised  crime,  financial  fraud  and  money  laundering.  High-level  corruption 
remains an issue in all countries covered by this report. In particular in Moldova and Ukraine, 
the efforts against corruption are hampered by the legal status of anti-corruption agencies, the 
limited real operational capacity of those bodies and the small number of convictions in those 
corruption cases which go to trial.  

36 

 
 
The implementation of the visa liberalisation benchmarks and the follow-up to the 
Commission recommendations are continuous and ongoing processes. Close monitoring will 
therefore continue, including through senior officials meetings as well as through the regular 
Justice, Liberty and Security subcommittee meetings and dialogues between the EU and the 
countries covered in the report. As regards the Western Balkans, the monitoring of aspects 
related to the visa liberalisation benchmarks is also included in the European Commission’s 
annual Enlargement Package.  

37