COMMISSION STAFF WORKING DOCUMENT Fundamental rights assessment of the Republic of Serbia linked to the Proposal for a Council decision on the conclusion of the Agreement between the European Union and the Republic of Serbia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Serbia 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 Serbia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Serbia
Date: 2024-10-15
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: European cooperation, Frontex, Serbia, agreement (EU), border control, external border of the EU, migration control, operation of the Institutions, ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 15.10.2024  SWD(2024) 237 final  COMMISSION STAFF WORKING DOCUMENT Fundamental rights assessment of the Republic of Serbia linked to the Proposal for a Council decision on the conclusion of the Agreement between the European Union and the Republic of Serbia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Serbia      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 Serbia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Serbia {COM(2024) 161 final/2}  
 
 
Pursuant  to  Article  73(3)  of  Regulation  (EU)  2019/1896  (the  ‘Regulation’)1,  in  circumstances 
requiring  the  deployment  of  border  management  teams  from  the  European  Border  and  Coast 
Guard standing corps to a third country where the members of the teams will exercise executive 
powers, a so-called ‘status agreement’ should be concluded by the Union with the third country 
concerned. Recital 88 of the Regulation invites the Commission to assess the fundamental rights 
situation ‘relevant to the areas covered by the status agreement in that third country’2. 

This  document  aims  to  assess  the  fundamental  rights  situation  in  the  Republic  of  Serbia 
(‘Serbia’)  relevant  to  the  prospective  operational  activities  of  the  European  Border  and  Coast 
Guard Agency (‘Frontex’ or the ‘Agency’) in that country, in particular whether deployments by 
Frontex in support of Serbia’s border management authorities can be feasibly undertaken without 
contributing to serious or persistent violations of fundamental rights or of international protection 
obligations.  This  document  is  based  on  publicly  available  information,  data,  and  reports 
regarding the protection of human rights in Serbia, in particular the international legal framework 
for the protection of such rights and obligations applicable in its legal order.  

This assessment does not affect the overarching obligation under the Regulation of the Agency 
and its  Executive Director to  assess whether there are, or  are likely  to  be, serious or persistent 
violations  of  fundamental  rights  or  international  protection  obligations  related  to  specific 
activities  that  are  to  take  place  on  the  basis  of  this  status  agreement,  and  to  then  respond 
accordingly.  Should  the  Executive  Director  consider  that  launching  an  activity  in  Serbia  could 
lead  to  serious  or  persistent  violations  of  fundamental  rights  or  international  protection 
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 situation3. 

Background 

Serbia  remains  mostly  a  transit  country  for  migration  towards  the  European  Union  Member 
States via the Western Balkan route. In this context, Serbia has contributed to the management of 
mixed  migration  flows  and  cooperated  with  the  European  Union,  the  Member  States  and  its 
neighbours to implement the European Union Action Plan on the Western Balkans4, which was 
presented  by  the  Commission  in  December  20225.  The  Union  has,  in  turn,  demonstrated  its 
continued commitment to supporting Serbia as a partner country and accession candidate, both 

1  

2  
3  
4  

5  

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). 
Regulation (EU) 2019/1896, Recital 88. 
Regulation (EU) 2019/1896, Article 46.  
European  Commission,  EU  Action  Plan  on  the  Western  Balkans,  5  December  2022.  Available  at: 
https://home-affairs.ec.europa.eu/document/download/e63e3b92-4f0c-4d95-a7f9-
b0aff2dd0efc_en?filename=Western%20Balkans_en.pdf. 
European Commission, European Neighbourhood Policy and Enlargement Negotiations (DG NEAR), Serbia. 
Available at: https://neighbourhood-enlargement.ec.europa.eu/enlargement-policy/serbia_en. 

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financially  and  through  the  support  provided  by  agencies  such  as  Frontex  and  the  European 
Union  Agency  for  Asylum  (‘EUAA’).  Nevertheless,  Serbia  has  also  been  the  subject  of 
allegations  of  pushbacks  and  other  forms  of  collective  expulsions,  which  are  alleged  to  take 
place from Serbia towards neighbouring countries such as North Macedonia and Bulgaria. 

Frontex and Serbia have been engaging in operational cooperation since 2009, when the Agency 
signed  a  working  arrangement  with  Serbia’s  Ministry  of  Interior6.  Additionally,  Frontex 
personnel  have  been  deployed  in  Serbia  with  executive  powers  since  2020  on  the  basis  of  the 
European  Union’s  current  status  agreement  with  Serbia7.  This  status  agreement,  based  on 
Regulation (EU) 2016/16248, limits Frontex deployments to Serbia’s borders with the European 
Union.  In  practice,  border  management  teams  and  the  Serbian  border  police  are  currently 
cooperating  in  border  management  activities  at  Serbia’s  borders  with  Hungary  and  Bulgaria 
under Joint Operation Serbia.  

Because  the  current  Regulation  allows  a  broader  scope  of  potential  cooperation  under  a  Status 
Agreement,  particularly  the  potential  deployment  of  the  European  Border  and  Coast  Guard 
Standing Corps anywhere on the territory of the third country (as requested by the country and 
agreed  to  by  Frontex),  rather  than  just  along  its  borders  with  the  European  Union,  the 
Commission  proposed  to  the  Council  the  authorisation  to  open  the  negotiation  of  a  new  status 
agreement in 2022, which it received  on 18 November 2022,9. The European Commission, on 
behalf of the European Union, and Serbia held formal negotiations in view of an agreement on 
14  September  2023  via  VTC  and  on  7  November  2023  in  Belgrade.  The  parties  reached 
preliminary agreement on a text on 7 February 2024.  

Alignment with European standards and cooperation with European institutions 

The  Commission  monitors  closely  the  implementation  of  reforms  in  Serbia  and  the  country’s 
alignment with 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 Serbia in its enlargement package10. The Commission’s 2023 Report on Serbia11 notes 
that ‘Serbia’s legislative and institutional framework for upholding fundamental rights is broadly 

6  

7  

8  

9  

10  

11  

Frontex, Working Arrangement establishing operational cooperation between the European Border and Coast 
Guard Agency (Frontex) and the Ministry of the Interior of Republic of Serbia, 17 February 2009. 
Status  Agreement  between  the  European  Union  and  the  Republic  of  Serbia  on  actions  carried  out  by  the 
European Border and Coast Guard Agency in the Republic of Serbia (OJ L 202, 25.6.2020, p. 1). 
Regulation  (EU)  2016/1624  of  the  European  Parliament  and  of  the  Council  of  14  September  2016  on  the 
European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and 
of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, 
Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1). 
Council Decision (EU) 2022/2274 of 18 November 2022 authorising the opening of negotiations on a status 
agreement between the European Union and the Republic of Serbia on operational activities carried out by 
the European Border and Coast Guard Agency in the Republic of Serbia (OJ L 300, 21.11.2022, p. 29). 
European Commission, European Neighbourhood Policy and Enlargement Negotiations (DG NEAR), Serbia. 
Available at: https://neighbourhood-enlargement.ec.europa.eu/enlargement-policy/serbia_en.  
Commission  Staff  Working  Document,  Serbia  2023  Report.  8  November  2022.  Available  at: 
https://neighbourhood-enlargement.ec.europa.eu/document/download/9198cd1a-c8c9-4973-90ac-
b6ba6bd72b53_en?filename=SWD_2023_695_Serbia.pdf  

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in place’ but ‘needs to be consistently and efficiently implemented’12. With specific regard to the 
area of migration and border management, Serbia is a cooperative partner of the European Union 
with regard to the management of the mixed migration flows towards the EU, and this has also 
led  to  some  progress  with  regard  to  its  alignment  with  the  acquis.  Serbia  adopted  a  Schengen 
action  plan  in  July  2023  and  continues  to  cooperate  with  the  Member  States  of  the  European 
Union and neighbouring states on the implementation of the European Union Action Plan on the 
Western Balkans13,  although additional progress is expected on all pillars of the action plan14.  

Serbia maintains open and ongoing  dialogue with  key international  human rights  organisations 
and  monitoring  bodies.  Since  July  2018,  Serbia  has  joined  the  Management  Board  of  the 
European  Union  Agency  for  Fundamental  Rights  (‘FRA’)  as  an  observer,  also  appointing  a 
National  Liaison  Officer  to  connect  FRA  and  Serbia,  allowing  the  country  to  benefit  from  the 
Agency’s  expertise  and  advice15.  Similarly,  Serbia  has  been  cooperating  with  the  EUAA  since 
2014; since 2017, this cooperation has been based on bilateral  Roadmaps for Cooperation. The 
most  recent  Roadmap,  covering  the  period  2020-2022  (and  extended  to  cover  2023  as  well)16, 
had the stated overall objective to “enhance the protection space for asylum seekers and refugees 
in  line  with  the  Common  European  Asylum  System  (CEAS)  and  EU  Member  States’ 
practices”17. An external evaluation of the Roadmap done in 2022 found its overall effectiveness 
to  have  been  modest18.  Of  specific  relevance,  the  evaluation  finds  that  “the  effective 
identification  and  reception  of  vulnerable  groups  remains  a  priority  in  Serbia”19,  noting  in 
particular  that  the  country  did  not  have  in  place  an  age  assessment  procedure  to  appropriately 
and  proactively  identify  minors  by  the  time  of  the  evaluation.  This  was  confirmed  by  Human 
Rights  Watch  in  its  World  Report  202320.  The  lack  of  formal  age  assessment  or  minors’ 
identification procedures places children  at  risk of being  treated  as adults, rather than ensuring 

12  
13  

14  

15  

16  

Ibid.  
European  Commission,  EU  Action  Plan  on  the  Western  Balkans,  5  December  2022.  Available  at: 
https://home-affairs.ec.europa.eu/document/download/e63e3b92-4f0c-4d95-a7f9-
b0aff2dd0efc_en?filename=Western%20Balkans_en.pdf.  
Commission  Staff  Working  Document,  Serbia  2023  Report.  8  November  2022.  Available  at: 
https://neighbourhood-enlargement.ec.europa.eu/document/download/9198cd1a-c8c9-4973-90ac-
b6ba6bd72b53_en?filename=SWD_2023_695_Serbia.pdf, page 9. 
EU  Agency 
http://fra.europa.eu/en/cooperation/eu-member-states.  
European  Union  Agency  for  Asylum,  Roadmap  for  Cooperation  EASO-Serbia  (2020-2022),  available  at: 
https://euaa.europa.eu/sites/default/files/2022-02/RS_RM_Cover.pdf.  

the  EU”.  Available 

Fundamental  Rights, 

“Member 

States 

for 

at: 

of 

17          Ibid. 
18  

– 

Ex 

post 

European  Union  Agency  for  Asylum,  External  evaluation  of  the  EUAA’s  Roadmap  for  Cooperation  with 
Serbia 
at: 
report. 
https://euaa.europa.eu/sites/default/files/publications/2023-04/2022_Evaluation_Report_RM_Serbia_2020-
22_EN.pdf.  
Ibid. page 10. 
Human  Rights  Watch.  World  Report  2023  –  Serbia/Kosovo  –  Events  of  2022.  Available  at: 
https://www.hrw.org/world-report/2023/country-chapters/serbia/kosovo. Accessed on 8 February 2024. 

November 

evaluation 

Available 

2022. 

19  
20  

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that they are provided the protections that they need and require21. The cooperation between the 
EUAA and Serbia is continuing with a third Roadmap covering 2024-2026 that is currently being 
developed.  

in  addressing 

limited  progress 

the  European  Commission’s 
Serbia  has  made  only 
recommendations concerning the detection and prevention of migrant smuggling and trafficking 
in  human  beings22.  The  country  continues  to  lack  a  national  strategy  for  the  prevention  and 
suppression of trafficking in human beings, and greater national coordination efforts are needed 
against  trafficking  in  human  beings23.  The  present  situation  risks  resulting  in  generally 
insufficient protection of, and support to, victims of trafficking24. 

In the context of the current operational cooperation, Frontex endeavours to deploy officers with 
significant training and expertise in the identification of vulnerable persons, including victims of 
trafficking.  The  broader  scope  of  operational  opportunities  afforded  under  the  new  status 
agreement  would  allow  the  Agency  to  provide  this  expertise  at  border  sections  beyond  just 
Serbia’s  borders  with  the  European  Union,  enabling  the  Standing  Corps  to  better  support  the 
national authorities to improve their ability and capacity to identify vulnerable persons, including 
victims of trafficking in human beings, and consistently refer them to the appropriate support and 
services. This operational priority could be further complemented by targeted capacity-building 
activities, organised by Frontex experts for the staff of the relevant national authorities. 

In 2022, the Agency’s Fundamental Rights Office and the Protector of Citizens of the Republic 
of Serbia (Serbia’s Ombuds Institution) signed a Memorandum of Understanding on complaint 
mechanisms,  which  aims  to  foster  the  cooperation  and  synergy  between  the  Agency’s  and 
Serbia’s  respective  complaints  mechanisms,  within  the  two  entities’  respective  mandates,  and 
encourages  the  two  sides  to  exchange  information  regarding  alleged  fundamental  rights 
violations in the context of all Frontex operational activities on Serbian territory25. 

21  

22  

23  

24  

“Key 

findings  of 

Council of Europe, 2019. “Age Assessment for Children in Migration – A human rights-based approach”. 
Section 1: “Children’s rights and migration: the importance of being treated as a child”, p. 7.  
European  Commission. 
https://ec.europa.eu/commission/presscorner/detail/en/qanda_23_5628. Accessed on 1 February 2024. 
European  Commission,  ,  Serbia  2023  Report’,  p.  53,  European  Commission  website,  8  November  2022, 
accessed  17  January  2024,  https://neighbourhood-enlargement.ec.europa.eu/document/download/9198cd1a-
c8c9-4973-90ac-b6ba6bd72b53_en?filename=SWD_2023_695_Serbia.pdf. 
European Commission, , Serbia 2023 Report’, p. 53, European Commission website, 8 November 2022, 
accessed 17 January 2024, https://neighbourhood-enlargement.ec.europa.eu/document/download/9198cd1a-
c8c9-4973-90ac-b6ba6bd72b53_en?filename=SWD_2023_695_Serbia.pdf. 

the  2023  Report  on  Serbia”.  Available 

at: 

25   Memorandum  of  Understanding  on  complaints  mechanisms  related  to  actions  caried  out  by  the  European 
Border  and  Coast  Guard  Agency  in  the  Republic  of  Serbia,  based  on  the  ‘Status  Agreement  between  the 
European Union and the Republic of Serbia on actions caried out by the European Border and Coast Guard 
Agency 
at 
Serbia’, 
https://prd.frontex.europa.eu/document/memorandum-of-understanding-on-complaints-mechanisms-related-
to-actions-carried-out-by-the-european-border-and-coast-guard-agency-in-the-republic-of-serbia-based-on-
the-status-agreement-be/.  

December 

Republic 

available 

2022, 

the 

of 

in 

2 

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4 

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Nevertheless,  Serbia  lacks  an  independent  border  monitoring  mechanism,  with  the  country’s 
National Human Rights Institution (the Protector of Citizens) fulfilling a monitoring role within 
the limits of its mandate as Serbia’s National Preventive Mechanism. The model has been overall 
successful and has benefitted from strong cooperation with relevant authorities and civil society 
organisations,  which  contribute  to  monitoring  activities26,  but  it  lacks  “effective  pathway  to 
follow-up  on  allegations  of  human  rights  violations  in  the  context  of  border  management  in 
Serbia nor on individual complaints of cross-border physical violence or other abuse”27.  

Serbia’s commitments under international law 

This assessment also takes into consideration Serbia’s ratification of international human rights 
instruments,  which  represents  a  strong  benchmark  of  commitment  to  human  rights  while 
providing an overview of applicable human rights standards.  Serbia has been a Member State of 
the Council of Europe since 3 April 2003 and has ratified the European Convention on Human 
Rights, making it subject to the jurisdiction of the European Court of Human Rights. Serbia 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. 

Serbia 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. 
Serbia  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. Serbia 
has also acceded to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, 
the Convention on the Rights of Persons with Disabilities, and its Optional Protocol. Serbia has 
also signed the International Convention on the Protection of the Rights of All Migrant Workers 
and Members of their Families.  

26  

27  

ENNHRI. “Serbian NHRI publishes report on monitoring the treatment of migrants at the borders”. 15 July 
2021.  Available 
https://ennhri.org/news-and-blog/serbian-nhri-publishes-report-on-monitoring-the-
treatment-of-migrants-at-the-borders/. Accessed on 12 January 2024. 
OSCE-ODIHR. “Border Police Monitoring in South-Eastern Europe: New Opportunities”. 25 October 2023. 
Available at: https://www.osce.org/files/f/documents/0/5/556554_0.pdf, page 19. 

at: 

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Serbia’s border with the European Union 

Frontex  has  received  and  investigated  a  number  of  reported  incidents,  including  allegations  of 
fundamental rights violations, in its operational area while deploying officers to Serbia’s borders 
with  Bulgaria  and  Hungary28.  These  investigations  aimed  at  establishing  all  the  facts  and 
identifying  any  wrongdoing,  with  a  view  to  communicating  the  investigation  findings  to  the 
relevant  national  investigative  authorities  for  appropriate  follow-up  by  the  host  State.  The 
investigations serve also to remedy flawed practices and prevent similar incidents from occurring 
in the future.  Issues reported include ill-treatment and abuse of migrants and forms of collective 
expulsion29. These incident reports also mirror concerns reported by international organisations 
and civil society organisations regarding the uniform application and respect of human rights and 
international standards in border management activities in Serbia.  

The situation at the Hungary-Serbia border is of particular concern due to serious and frequent 
allegations of violent and illegal practices30. Serbia reportedly struggles to provide consistent and 

28  

29  

30  

The  Serious  Incident  Reporting  mechanism,  which  applies  to  all  participants  in  a  Frontex  Joint  Operation, 
directly  assigns  all  cases  concerning  potential  violations  of  fundamental  rights  to  the  Fundamental  Rights 
Officer as a Case Handler, who is then in charge of conducting an investigation and consulting the national 
authorities as appropriate.  
Serious Incident Reports and investigation reports are internal documents. However, they have on occasion 
become subject of “Public Access to Document” requests. In such cases, redacted versions of these reports 
are made publicly available by the Agency on its Public Registry of Documents. 
See  for  example  Frontex  “Serious  Incident  Report  Number  13178/2023’,  Frontex  website,  accessed  17 
January  2024,  https://prd.frontex.europa.eu/document/access-to-information-regarding-frontex-activities-in-
serbia/;  
Frontex  “Serious  Incident  Report  Number  12506/2023,  Frontex  website,  accessed  17  January  2024,: 
https://prd.frontex.europa.eu/document/access-to-information-regarding-frontex-activities-in-serbia/;   
Human Rights Watch, ‘Hungary: Migrants Abused at the Border’. HRW website, 13 July 2016, accessed 17 
January 2024, https://www.hrw.org/news/2016/07/13/hungary-migrants-abused-border;  
International Organization for Migration (IOM). ‘The European migration crisis and Hungary’. IOM website, 
Undated, accessed 31 January 2024, https://hungary.iom.int/european-migration-crisis-and-hungary;  
Hungarian  Helsinki  Committee,  ‘Helsinki  File:  Migrant  push-backs’,  Hungarian  Helsinki  Committee 
Website, 23 January 2024, accessed 31 January 2024, https://helsinki.hu/en/akta/push-backs/;  
Council of Europe, ‘Submission by the Council of Europe Commissioner for Human Rights under Rule 9.4 
of the Rules of the Committee of Ministers for the supervision of the execution of judgement and of the terms 
of friendly settlements in the case of Ilias and Ahmed v. Hungary (application no. 47287/15, Grand Chamber 
judgment of  21Nomber  2019  grouped  with  Shahzad  v  Hungary (application no. 12625/17,  judgement  of  8 
July  2021)’,  Coe  Website,  31  August  2022,  https://www.coe.int/en/web/commissioner/-/hungarian-
authorities-should-refrain-from-arbitrary-removals-of-refugees-asylum-seekers-and-migrants-to-serbia-and-
ensure-access-to-a-fair-and-effecti; 
Médecins Sans Frontières, ‘Alarming violence occurring at Hungary-Serbia border’, MSF website, 4 August 
2022, accessed 17 January 2024, https://www.msf.org/violent-pushbacks-hungary-serbia-border;  
Save  the  Children,  ‘Wherever  we  go,  someone  does  us  harm’  Save  the  Children  website,  August  2022, 
accessed  17  January  2024,  https://resourcecentre.savethechildren.net/document/wherever-we-go-someone-
does-us-harm-violence-against-refugee-and-migrant-children-arriving-in-europe-through-the-balkans/; 
In 
addition, the European Court of Justice (ECJ) ruled in two cases that Hungarian legislation and practice at the 
border with Serbia is not compliant with EU law.  Judgement of the Court of 22 June 2023, case C-823/21 
Commission v Hungary, ECLI:EU:C:2023:504 and Judgement of the  Court of 17 December 2020, case C-
808/18 Commission v. Hungary, ECLI:EU:C:2020:1029. 

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appropriate  access  to  the asylum procedures or  ensure adequate  asylum capacity, despite some 
improvements31. 

Serious Incident Reports show that migrants reported illegal practices by the Serbian authorities 
related to  fundamental  rights  violations32. Due to  the situation described above, these practices 
risk contributing to dynamics such as “chain pushbacks” and potentially chain-refoulement33.   

According  to  the  assessment  of  the  Fundamental  Rights  Office34,  which  investigated  these 
allegations,  if  confirmed,  these  incidents  would  amount  to  violations  of  fundamental  rights, 
international law, and the acquis35.The Fundamental Rights Office found that some allegations, 
such as attempts to collectively expel migrants or disregard their wish to apply for asylum, could 
be corroborated more thoroughly, while others, including evidence of physical abuse at the hands 
of the national authorities, could neither be independently corroborated nor disproved.  

It is important to note that there have been no reports of fundamental rights violations involving 
Frontex staff in Serbia. 

Conclusion 

Overall, this assessment finds that, despite the challenges described above, the situation in Serbia 
at  the  time  of  the  negotiation  of  the  status  agreement  with  that  country  does  not  preclude  the 
continuation  and  expansion  of  Frontex  operational  activities  in  Serbia,  on  account  of  a  risk  of 
contributing or taking part in serious or persistent violations of fundamental rights or obligations 
concerning international protection.  

The  legislative  framework  to  ensure  compliance  with  the  relevant  international  standards  and 
fundamental rights obligations is largely in place in Serbia. Additionally, although there appear 
to  be  some  institutional  deficiencies,  particularly  with  regard  to  asylum-related  capacity  and 
procedures,  the  European  Union  and  Serbia  have  demonstrated  their  joint  commitment  to 
addressing  these  issues,  particularly  through  the  direct  and  continued  cooperation  with  the 
EUAA. As regards practices on the ground, reports of alleged fundamental rights violations were 
identified  and  may  speak  to  the  possible  existence  of  underlying  dynamics,  especially  with 

31  

32  

33  

34  

for 

Serious 

Incident 

example 

Commission Staff Working Document, Serbia 2023 Report. 8 November 2022. Available at: 
https://neighbourhood-enlargement.ec.europa.eu/document/download/9198cd1a-c8c9-4973-90ac-
b6ba6bd72b53_en?filename=SWD_2023_695_Serbia.pdf, page 68. 
at: 
Report 
See 
https://prd.frontex.europa.eu/document/serious-incident-reports-and-complaints/.  Accessed  on  17  January 
2024. 
European Union Agency for Fundamental Rights. “Migration: Key Fundamental Rights Concerns”. 
Available at: https://fra.europa.eu/sites/default/files/fra_uploads/fra-2021-migration-bulletin-2_en.pdf. Page 
10. 
See the Fundamental Rights Office’s assessment of Serious Incident Report Number 11304/2023 and Serious 
Incident Report 10392/2023. Both available at: https://prd.frontex.europa.eu/document/access-to-
information-regarding-frontex-activities-in-serbia/. Accessed on 17 January 2024. 

11304/2023. 

Available 

Number 

35         European Convention on Human Rights, Article 3, “Prohibition of torture”; European Convention on Human 
Rights, Protocol 4, Article 4, “Prohibition of collective expulsion of aliens”; European Convention on Human 
Rights, Article 13, “Right to an effective remedy”. 

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regard to collective expulsions, that would not be in line with international standards and Union 
law, including fundamental rights.  In the view of the Commission,  any incidents such as those 
mentioned  in  this  report  require  full  and  transparent  investigations  by  the  responsible  national 
authorities,  and  the  priority  must  be  to  establish  all  the  facts  and  to  implement  practical 
safeguards and remedies against future similar situations. 

As  far  as  the  deployment  of  Frontex  staff  to  Serbia  is  concerned,  the  Commission  notes  that 
despite years of deployments to the country, no reports have alleged the involvement of Frontex 
staff  in  actions  that  risk  violating  fundamental  rights.  Rather,  a  more  significant  presence  of 
Frontex  in  Serbia  should  lead  to  a  renewed  cooperation  between  the  European  Union,  through 
Frontex, and the Serbian national authorities on conducting border management in a way that is 
aligned with European integrated border management and the respect of fundamental rights. This 
should  be  a  priority  for  any  candidate  for  membership  of  the  European  Union.  Frontex’s 
presence  provides  access  to  reporting  mechanisms,  such  as  the  Serious  Incident  Reports 
mechanism36, the Complaints Mechanism37, and the whistleblower protection mechanism38, and 
in  practice  have  already  increased  transparency  in  Serbia’s  border  management  activities.  An 
enhanced Frontex presence in Serbia would  also  provide additional expert resources in support 
of national capacities, including for identification and referral of vulnerable persons, particularly 
where limited resources may be a contributing factor to undesirable compromises regarding for 
example  the  national  authorities’  ability  to  guarantee  the  privacy  of  individuals  or  protect  the 
rights of minors or vulnerable persons39.  

Therefore,  in  the  Commission’s  view  this  status  agreement  represents  not  only  the  European 
Union’s confirmed commitment to support Serbia in improving the management of its external 
borders, but also an opportunity to ensure that future Frontex deployments to Serbia will feature 
robust ‘transparency and accountability measures’40, as also recommended by the OSCE’s Office 
for  Democratic  Institutions  and  Human  Rights.  This  would  create  important  opportunities  to 
increase  the  country’s  compliance  with  all  relevant  fundamental  rights  in  border  management 
and overall alignment with the EU acquis, which is also a prerequisite for its eventual accession 
to the European Union. 

36  

37  

38  

39  

40  

Frontex, “Frontex Executive Director Decision No R-ED-2021-51 on Standard Operating Procedure – 
Serious Incident Reporting”, 19 April 2021. Available at: https://prd.frontex.europa.eu/document/frontex-
executive-director-decision-on-standard-operating-procedure-serious-incident-reporting/.  
Frontex, “Complaints mechanism”. Available at: https://www.frontex.europa.eu/fundamental-
rights/complaints-mechanism/. 
Frontex, “Management Board Decision 17/2019 of 18 July 2019 adopting Frontex Guidelines on 
Whistleblowing”, 18 July 2019. Available at: https://prd.frontex.europa.eu/document/management-board-
decision-17-2019-adopting-the-frontex-guidelines-on-whistleblowing/. 
Commission  Staff  Working  Document,  Serbia  2023  Report.  8  November  2022.  Available  at: 
https://neighbourhood-enlargement.ec.europa.eu/document/download/9198cd1a-c8c9-4973-90ac-
b6ba6bd72b53_en?filename=SWD_2023_695_Serbia.pdf, page 66. 
OSCE-ODIHR. “Border Police Monitoring in South-Eastern Europe: New Opportunities”. 25 October 2023. 
Available at: https://www.osce.org/files/f/documents/0/5/556554_0.pdf, page 18. 

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Any  operational  activity  in  the  country  should  therefore  ensure  that  all  relevant  safeguards,  as 
required by European Union  and international  law, and especially  the Regulation, are in  place. 
The Agency holds the responsibility to ensure that any operational activities in Serbia 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 Serbia is  fully cognisant  of the fundamental 
rights  standards  with  which  they  are  obliged  to  comply.  The  Agency’s  Fundamental  Rights 
Office should continue to be intimately involved in the development of its operational plans for 
any  foreseen  activities  in  Serbia.  The  Fundamental  Rights  Office  is  best  placed  to  ensure  that 
these  activities  not  only  appropriately  and  proactively  feature  any  mitigating  measures  as 
necessary  to  avoid  involvement  in  any  potential  violation  of  fundamental  rights,  but  also 
specifically to seek to maximise the support that can be provided to Serbia  in the fight against 
trafficking in human beings and the identification of any victims of this crime. 

Lastly, it must be underlined that this assessment is not a substitute for the obligations placed on 
the  Executive  Director  of  the  Agency  and  the  Frontex  Fundamental  Rights  Officer  by  the 
Regulation as referred to in Article 46(4) of the Regulation: if the Executive Director considers 
that launching an activity could lead to serious or persistent violations of fundamental rights or 
international protection obligations, then it is their responsibility to not launch the activity, and if 
they consider that such violations are occurring, it is solely their responsibility to withdraw the 
financing for that activity or suspend or terminate it in whole or in part. 

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