COMMISSION STAFF WORKING DOCUMENT Fundamental rights assessment of the Republic of Albania linked to the Proposal for a Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Albania on the operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania of 7 July 2023 Accompanying the document Proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Albania on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania
Date: 2024-02-07
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Albania, Frontex, agreement (EU), border control, external border of the EU, fundamental rights, international protection, migration control, operation of the Institutions, ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 7.2.2024  SWD(2024) 20 final  COMMISSION STAFF WORKING DOCUMENT Fundamental rights assessment of the Republic of Albania linked to the Proposal for a Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Albania on the operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania of 7 July 2023 Accompanying the document Proposal for a  COUNCIL DECISION on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Albania on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania {COM(2023) 397 final/2}  
 
 
Pursuant  to  Recital  88  of  the  European  Border  and  Coast  Guard  (‘EBCG’)  Regulation  (the 
‘Regulation’)1, where the Commission  recommends  that the Council authorise it to  negotiate a 
status agreement with a third country, it should assess the fundamental rights situation ‘relevant to 
the areas covered by the status agreement in that third country’. 

On 25 October 2022, the Commission adopted a recommendation for the Council to authorise the 
Commission  to  negotiate  a  status  agreement  with  the  Republic  of  Albania  (‘Albania’).  On  18 
November  2022  the  Council  authorised  the  opening  of  negotiations.  The  negotiations  of  the 
Agreement  between  the  European  Union  and  the  Republic  of  Albania  on  operational  activities 
carried out by the European Border and Coast Guard Agency (‘the Agency’) in the Republic of 
Albania (the ‘Agreement’) were successfully finalised on 23 February 2023. In accordance with 
Council Decision (EU) 2023/2105 of 7 September 2023 on the signing, on behalf of the Union, 
and provisional application of the Agreement between the European Union and the Republic of 
Albania on operational activities carried out by the European Border and Coast Guard Agency in 
the  Republic  of  Albania2,  the  Agreement3  was  signed  on  15  September  2023,  subject  to  the 
conclusion at a later date. The agreement will enter into force after it has been concluded by both 
contracting parties. 

Frontex and the Albanian Ministry of Interior have had a working arrangement since 2009, which 
was renewed in 20214. In addition, Frontex personnel are already deployed in Albania to support 
border  management  activities  under  the  current  Status  Agreement5.  Albania  was  the  first  third 
country to host a fully-fledged joint operation of Frontex. However, the 2019 Regulation provides 
for a broader scope of potential cooperation under a Status Agreement, particularly the potential 
deployment of the EBCG Standing Corps anywhere on the territory of the third country, rather 
than just along its borders with the European Union. 

Since  22  May  2019,  border  management  teams  deployed  by  Frontex  and  their  Albanian 
counterparts have cooperated in border management activities at the Greek-Albanian border and 
in  the  Adriatic  Sea.  In  2023,  the  Agency  and  the  Albanian  Ministry  of  the  Interior  signed  a 
memorandum  of  understanding  (‘MoU’)  on  enhancing  cooperation  on  upholding  fundamental 
rights. The MoU reiterates the need for regular exchange of information and recognises the need 
for  both  sides  to  assist  one  another  in  investigating  complaints  concerning  any  potential 
misconduct by Frontex or Albanian border management staff in the context of Frontex operational 
activities  in  Albania.  In  parallel,  the  Agency’s  Fundamental  Rights  Officer  signed  a  separate 

1 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European 
Border and Coast Guard, OJ L 295, 14.11.2019, p. 1. 
2 Council Decision (EU) 2023/2105 of 7 September 2023 on the signing, on behalf of the Union, and provisional 
application  of  the  Agreement  between  the  European  Union  and  the  Republic  of  Albania  on  operational  activities 
carried out by the European Border and Coast Guard Agency in the Republic of Albania, OJ L, 2023/2105, 05.10.2023.  
3 https://data.consilium.europa.eu/doc/document/ST-11944-2023-INIT/en/pdf 
4 Frontex, Working Arrangement on operational cooperation between the European Border and Coast Guard Agency 
(Frontex) and the Ministry of Interior of the Republic of Albania (MoI), 17 March 2021. 
5 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, OJ L 46, 18.2.2019, p. 3. 

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agreement  on  cooperation  and  information  exchange  with  Albania’s  A-status6  national  human 
rights institution and ombuds institution, the People’s Advocate of Albania7. 

This assessment aims to determine the situation in Albania, in view of the operational activities of 
the Agency in this country, in particular whether the situation in Albania does not pose a risk of 
serious  or  persistent  violations  of  fundamental  rights  or  of  international  protection  obligations 
being  committed.  The  assessment  is  based  on  information,  data,  and  reports  available  to  the 
Commission on the protection of human rights in Albania, in particular the legal framework for 
the protection of such rights and obligations applicable in its legal order.  

It must be further underlined that this assessment does not substitute the obligations placed on the 
Executive  Director  of  the  Agency  and  its  Fundamental  Rights  Officer  by  Article  46  of  the 
Regulation. Should the Executive Director consider that launching an activity in the Republic of 
Albania  could  lead  to  serious  or  persistent  violations  of  fundamental  rights  or  international 
protections obligations, it is their responsibility not to launch that activity. Similarly, where the 
Executive Director determines that such serious or persistent violations are occurring, it is solely 
their responsibility to withdraw the financing for the activity in question or suspend or terminate 
it in whole or in part as deemed appropriate to address the situation. 

The Commission  monitors  closely the implementation  of reforms  in  Albania and the country’s 
alignment with the Charter of Fundamental Rights of the European Union, the European Union 
acquis and standards, including in the areas of rule of law and fundamental rights, and provides a 
detailed  assessment  of  the  state  of  play  and  the  progress  made  by  Albania  in  its  enlargement 
package8. The Commission’s 2022 Report on Albania9 notes that Albania ‘complies overall with 
international  human  rights  instruments  and  has  ratified  most  international  conventions  on  the 
protection of fundamental rights’10. Moreover, the country’s legal framework on asylum is found 
to be ‘largely aligned with the EU acquis but needs updating and must provide a clear framework 
for managing and coordinating migration’11. Of relevance for this document, the report indicates 
specifically that in 2022, no progress has been made regarding referrals to asylum procedures and 
the implementation of return procedures, in line with the legal framework. The report also notes 
that  the  ‘capacities  of  the  Border  and  Migration  Police  to  identify  persons  with  specific  needs 

6 National human rights institutions (NHRIs) that have been assessed by the Global Alliance of National Human 
Rights Institutions (GANHRI) as complying with the so-called ‘Paris Principles’ are accredited with ‘A status’. ‘A 
status’ NHRIs have independent participation rights at the UN Human Rights Council, its subsidiary bodies and 
some General Assembly bodies and mechanisms. They are eligible for full membership of GANHRI. See: 
Accreditation - GANHRI 
7  Frontex,  “Frontex  and  Albania  boost  cooperation  on  fundamental  rights  protection”,  6  June  2023.  Available  at: 
https://www.frontex.europa.eu/media-centre/news/news-release/frontex-and-albania-boost-cooperation-on-
fundamental-rights-protection-4yTxlP  
8 European Union Agency for Fundamental Rights, “Albania joins FRA as observer”, 4 December 2020. Available at: 
http://fra.europa.eu/en/news/2020/albania-joins-fra-observer. 
9 Commission Staff Working Document, Albania 2022 Report. 12 October 2022. Available at: https://neighbourhood-
enlargement.ec.europa.eu/system/files/2022-10/Albania%20Report%202022.pdf  
10  European  Commission,  Key  findings  of  the  2022  Report  on  Albania,  12  October  2022.  Available  at: 
https://ec.europa.eu/commission/presscorner/detail/en/country_22_6091  
11  European  Commission,  Key  findings  of  the  2022  Report  on  Albania,  12  October  2022.  Available  at: 
https://ec.europa.eu/commission/presscorner/detail/en/country_22_6091  

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remain insufficient’12. While Frontex must take such dynamics into account when designing its 
operational activities in the country, it is also important to note that Frontex staff have had in-depth 
training  and  expertise  in  the  identification  of  all  categories  of  vulnerable  persons  and  in  the 
provision of appropriate support and referral. The enhanced fundamental rights provisions of the 
Regulation  and  of  the  new  Agreement,  in  conjunction  with  the  MoU,  should  contribute  to 
improvements in the situation in Albania, including in terms of transparency and accountability. 
Overall, in order to fulfil its mandate and to prevent any potential involvement in violations of 
fundamental rights, the Agency should cooperate closely with its Fundamental Rights Office to 
ensure  that  its  operational  plans  appropriately  and  proactively  feature  adequate  safeguards  and 
mitigating measures. 

Furthermore, the Republic of Albania maintains open and ongoing dialogue with key international 
human rights organisations and monitoring bodies. In 2020, Albania joined the Management Board 
of  the  EU  Agency  for  Fundamental  Rights  (FRA)  as  an  Observer,  also  appointing  a  National 
Liaison Officer to connect FRA and Albania, allowing the country to benefit from the Agency’s 
expertise  and  advice13.  Similarly,  Albania  has  benefitted  from  cooperation  with  the  European 
Union  Agency  for  Asylum  (EUAA,  then  EASO),  with  which  it  agreed  on  a  Roadmap  for 
Cooperation 2020-202214. The Roadmap overall succeeded in supporting the Albanian authorities 
in the areas of reception and asylum, and contributed to the ‘first steps towards alignment of the 
asylum procedure in  Albania with  the [Common European Asylum System (‘CEAS’)] and EU 
standards’15.  Through  the  Roadmap,  the  EUAA  also  provided  important  guidance  on  the 
improvement  of  reception  conditions,  addressing  identified  needs,  such  as  lacking  appropriate 
reception  conditions,  compared  to  EU  standards  and  the  need  to  provide  separate  facilities  for 
unaccompanied minors16. In the context of the implementation of the Roadmap, Albania appears 
to  have  increasingly  involved  the  International  Organization  for  Migration,  the  UN  High 
Commissioner  for  Refugees,  the  EU  Delegation,  and  civil  society17,  in  what  can  be  seen  as  a 
testament  to  the  overall  positive  commitment  of  the  Albanian  authorities  to  involve  external 
expertise to monitor and improve the fundamental rights standards of their reception and asylum 
system.  Continued  and  enhanced  operational  cooperation  with  Frontex,  as  well  as  with  its 

12  Commission  Staff  Working  Document,  Albania  2022  Report.  12  October  2022.  Page  48.  Available  at: 
https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Albania%20Report%202022.pdf  
13  EU  Agency  for  Fundamental  Rights,  “Albania  joins  FRA  as  observer”.  4  December  2020.  Available  at: 
http://fra.europa.eu/en/news/2020/albania-joins-fra-observer  
14  EASO,  “Roadmap  for  cooperation  between  EASO  and  Albania  (2020  –  2022):  strengthening  the  asylum  and 
reception  systems  in  line  with  the  Common  European  Asylum  System  and  EU  standards”.  Available  at : 
https://euaa.europa.eu/sites/default/files/2022-02/AL_RM_Cover.pdf  
15 European Union Agency for Asylum, External evaluation of the EUAA’s Roadmap for cooperation with Albania, 
18  April  2023.  Page  4.  Available  at:  https://euaa.europa.eu/publications/external-evaluation-euaas-roadmap-
cooperation-albania.  
16 European Union Agency for Asylum, External evaluation of the EUAA’s Roadmap for cooperation with Albania, 
18  April  2023.  Page  11.  Available  at:  https://euaa.europa.eu/publications/external-evaluation-euaas-roadmap-
cooperation-albania.  
17 European Union Agency for Asylum, External evaluation of the EUAA’s Roadmap for cooperation with Albania, 
18  April  2023.  Page  15.  Available  at:  https://euaa.europa.eu/publications/external-evaluation-euaas-roadmap-
cooperation-albania.  

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Fundamental Rights Office, should build upon this momentum, thereby also supporting Albania 
in its alignment with EU standards. 

This assessment also takes into consideration Albania’s ratification of international human rights 
instruments.  These  instruments  represent  a  strong  benchmark  of  commitment  to  human  rights 
while providing an overview of applicable human rights standards in Albania. Albania has been a 
Member  State  of  the  Council  of  Europe  since  13  July  1995  and  has  ratified  the  European 
Convention  on  Human  Rights,  making  it  subject  to  the  jurisdiction  of  the  European  Court  of 
Human  Rights  (‘ECtHR’).  The  Republic  of  Albania  is  a  party  to  the  revised  European  Social 
Charter, the Council of Europe Convention on Action against Trafficking in Human Beings, the 
European  Convention  for  the  Prevention  of  Torture  and  Inhuman  or  Degrading  Treatment  or 
Punishment, and the Framework Convention for the Protection of National Minorities. 

Albania is a party to the 1954 Convention relating to the Status of Stateless Persons and the 1961 
Convention on the Reduction of Statelessness, the International Convention on the Elimination of 
All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights and 
its Optional Protocol and Second Optional Protocol, and the International Covenant on Economic, 
Social and Cultural Rights, although it has not yet signed its Optional Protocol. The Republic of 
Albania  is  also  a  party  to  the  Convention  on  the  Elimination  of  All  Forms  of  Discrimination 
Against  Women  and  its  Optional  Protocol,  the  Convention  Against  Torture  and  Other  Cruel, 
Inhuman or Degrading Treatment or Punishment, and to its Optional Protocol. The country has 
also  concluded  the  Convention  on  the  Rights  of  the  Child  and  its  Optional  Protocols  on  the 
Involvement of Children in Armed Conflict and on the Sale of Children, Child Prostitution and 
Child Pornography. It is also a party to the Convention against Transnational Organized Crime, 
including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women 
and Children and its Protocol against the Smuggling of Migrants by Land, Sea and Air. Albania 
has also acceded to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, 
as well as the International Convention on the Protection of the Rights of All Migrant Workers 
and Members of their Families. While it has become a party to the Convention on the Rights of 
Persons with Disabilities, Albania has not yet signed its Optional Protocol. 

Overall,  the  legislative  and  institutional  framework  to  ensure  compliance  with  applicable 
fundamental  rights  norms  appears  to  be  largely  in  place  and  Albania  continues  to  meet  its 
international obligations on human rights. At the same time, as also flagged in the Commission’s 
2022  Report  on  Albania,  Albania  has  been  affected  by  recurrent  and  significant  breaches  of 
personal  data18;  therefore,  additional  efforts  have  to  be  made  to  fully  implement  the  legal 
framework, including its alignment with the EU General Data Protection Regulation19. However, 
as concerns Frontex operations, the risk of the Agency being affected is low and can be further 

18  Commission  Staff  Working  Document,  Albania  2022  Report.  12  October  2022.  Page  29.  Available  at: 
https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-10/Albania%20Report%202022.pdf  
19 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of 
natural persons with regard to the processing of personal data and on the free movement of such data, and repealing 
Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1. 

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mitigated by ensuring that the operational plans reflect the safeguards proposed by the Agency’s 
Data Protection Officer to best respond to the specific cases that may arise.  

In addition, the presence of Frontex in Albania since 2019 has enabled the Fundamental Rights 
Officer to collect occasional testimonies of incidents including of irregular returns and alleged ill-
treatment of migrants. These allegations have been reported mostly by migrants and civil society 
organisations, but also by officers of the Frontex Standing Corps who have witnessed or acquired 
knowledge  of  potential  violations  of  fundamental  rights.  On  the  basis  of  this  reporting,  the 
Fundamental  Rights  Officer  has  launched  a  number  of  Serious  Incident  Reports  concerning 
possible misconduct by staff of the Albanian authorities. The information gathered during these 
investigations, some of which may still be ongoing, also enables the Fundamental Rights Office 
to better advise the Agency on how to contribute to improving the situation on the ground, and to 
continue to prevent any involvement of the Agency’s staff in any potentially illegal practices. As 
the Fundamental Rights Office mentions in its 2022 Annual Report, “no allegations were reported 
involving Frontex deployed staff as perpetrators in incidents that could be considered violations 
of  fundamental  rights”20.  Additionally,  the  allegations  in  question  appear  to  refer  to  individual 
incidents,  and  their  frequency  and  nature  do  not  presently  appear  to  be  systemic  or  pervasive. 
Nevertheless, these allegations require the continued attention of and follow-up by the national 
authorities  concerned,  which  should  prioritise  conducting  fact-finding  investigations  and 
implementing remedies and safeguards to prevent similar situations. 

These  alleged  incidents  also  underline  the  need  for  Frontex  to  ensure  that  all  necessary 
fundamental  rights  safeguards,  particularly  when  suggested  ad  hoc  by  the  Fundamental  Rights 
Office, are appropriately reflected in the operational plan for its activities in the country and agreed 
upfront between Frontex and the Albanian authorities.  

The operational plan, which sets out the conditions for the enhanced presence of Frontex in the 
country, would provide additional resources to the Albanian authorities in the management of the 
external borders in full compliance with fundamental rights. At the same time, the operational plan 
would also have to ensure that the Standing Corps and Fundamental Rights Monitors can carry out 
a more comprehensive mapping of any fundamental rights concerns, also enabling the Agency to 
monitor  the  situation  in  a  continuous  manner  and  respond  appropriately,  as  well  as  to  provide 
advice  to  national  and  Frontex  staff  on  how  to  conduct  border  management  activities  in  full 
compliance  with  fundamental  rights.  Lastly,  deployments  by  Frontex  at  more  external  border 
sections of Albania entail broader access to the reporting mechanisms of the Agency, meaning the 
Serious  Incident  Reporting  mechanism,  the  complaints  mechanism,  and  the  whistleblowing 
protection mechanism. Any complaints received would be investigated either by the Fundamental 
Rights Office or the People’s Advocate of Albania, depending on the entity concerned, in line with 
the agreement between the two parties. 

In the view of the Commission, although individual incidents of concern have been reported and 
should  be  investigated  fully  and  transparently  by  the  responsible  authorities,  overall  the 

20 Frontex, 2023. The Fundamental Rights Officer Annual Report 2022, page 13. Available at: 
https://www.frontex.europa.eu/assets/fundamental/FRO_annual_report_2022.pdf  

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fundamental  rights  situation  in  the  Republic  of  Albania  at  the  time  of  the  negotiation  and 
conclusion of the status agreement with that country does not preclude operational activities on 
account of a risk of serious or persistent violations of fundamental rights or obligations concerning 
international protection. Nevertheless, any operational activity in the country must ensure that all 
relevant safeguards, as required by European Union and international law are in place. The Agency 
holds the responsibility to ensure that any operational activities in Albania are closely monitored, 
in  line  with  Article  110  of  the  Regulation,  to  protect  and  promote  their  compliance  with 
fundamental  rights  as  enshrined  in  the  Charter  of  Fundamental  Rights  of  the  European  Union. 
Additionally, the Agency must ensure that anyone participating in a Frontex joint operation or any 
other activity conducted by it in Albania is fully cognisant of the fundamental rights standards with 
which they are obliged to comply.  

6