Council of the European Union Brussels, 7 February 2020 (OR. en) 5670/20 LIMITE JAI 72 RELEX 71 COWEB 7 ELARG 5 ASIM 6 NOTE From:                Presidency To:                  Strategic Committee on Immigration, Frontiers and Asylum / High-Level Working Group on Asylum and Migration Subject:             Strengthening migration management capacities in the Western Balkans region ‒    Presidency discussion paper Background information The Western Balkans region is crucial to the management of migration flows towards the EU, as demonstrated by the significant increase in illegal border crossings: in 2019 there were 14 183 detections on the Western Balkan route, which is a 143% increase compared to 2018, when there were 5 844 illegal crossings. Despite downward trends on other routes towards the EU, the arrivals on the Eastern Mediterranean route are increasing: in 2019, 73 626 arrivals were registered in Greece (60 151 by sea and 13 475 by land), compared to 47 915 arrivals in 2018. This represents a 54% increase, following the increase of around 38% from 2017 to 2018. The upward trend is continuing in 2020: in the first three weeks of this year, detected arrivals in the EU from Turkey were up by around 63% on the same period in 2019. While the overall number of illegal arrivals has increased and should be addressed comprehensively, the situation is far from what it was in 2015/16. 5670/20                                                                   MC/kl                   1 JAI.1            LIMITE                      EN

Organised crime groups and migrant smugglers remain very active along the various Balkan routes, also given the high number of migrants currently present in the region. The joint Europol, Frontex and EASO Report on tackling migrant smuggling in the Western        Balkans  1 confirms that the region is a key transit area for illegal migrants entering the EU via the Eastern Mediterranean route. On the other hand, the reinforced border controls and difficult terrain have led to a growing number of migrants becoming stranded in the region and consequently a sharp increase in demand for facilitation services. The modus operandi of smugglers is often dangerous, putting migrants’ lives at risk. This, along with increased aggression of smugglers towards police, remains a major challenge for law enforcement authorities in the region. The response to the increased flow of migrants has not always been adequate and some Western Balkans partners are overstretched in terms of accommodation, registration and reception capacities. In a large number of cases, migrants are being hidden and given shelter by the locals without being registered; in most cases they have no intention to seek asylum, even if in potential need of international protection, but a clear intention to continue their journey towards the EU. Even when applications for international protection are made in the Western Balkans, they are made at times in order to avoid detention and return procedures. The asylum system is regularly misused by migrants absconding and re-engaging in using smuggling services in order to try to reach their preferred EU destination countries. Detention for the purpose of return is used only on rare occasions. More EU assistance and engagement to increase the number of voluntary returns is crucial, as IOM data on Assisted Voluntary Return (AVR) show a declining trend. In 2019, a total of 590 individuals were returned from the Western Balkans region (a decrease compared to 2018, when 747 migrants were assisted to voluntarily return to a third country); specifically: 347 from Bosnia and Herzegovina, 197 from Serbia, 22 from Montenegro, 25 from North Macedonia, 2 from Kosovo   * and 1 from Albania. 1      Tackling Migrant Smuggling in the Western Balkans, Illegal immigration along Western Balkan Route and neighbouring countries, July 2018 – June 2019, EUROPOL, FRONTEX AND EASO JOINT REPORT *      This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence. 5670/20                                                                     MC/kl                       2 JAI.1            LIMITE                          EN

One source of support for the Western Balkans partners is the implementation of national and regional programmes under the Instrument for Pre-accession (IPA) funds. EU programmes for capacity building, technical assistance and equipment usually have very long programming and implementation phases, which could last up to two or three years. However, needs such as reception capacity, equipment for border police and support for asylum units are immediate. More than half of the total EU support (€ 220 million) has been allocated through regular IPA programmes to support the Western Balkans partners in developing migration and asylum systems based on EU legal norms and standards. This support has contributed to smoother border controls with higher security standards, development of reception facilities for asylum seekers, and alignment of national asylum systems with EU standards. The EU also provided € 135 million additional assistance to Serbia, North Macedonia and Bosnia and Herzegovina through IPA special measures to respond to immediate emergencies in the region. These funds supported costs incurred in managing the migration flow, including accommodation, food provision, healthcare, education and protection of migrants and refugees, for instance most recently in Bosnia and Herzegovina (with € 30 million). Actions funded under special measures also strengthened the countries' capacity to conduct systematic border checks and border surveillance, and to combat and prevent migrant-smuggling, human trafficking and cross-border crime. Engagement of EU Agencies in the region, namely Frontex, EASO and Europol, has increased over the past years. Western Balkans partners should be encouraged to proactively use all the tools provided by the Agencies. 5670/20                                                                   MC/kl                  3 JAI.1             LIMITE                       EN

The European Border and Coast Guard Agency, Frontex, has working arrangements with all Western Balkans partners. A Frontex Liaison Officer (FLO) to the Western Balkans is seated in Belgrade and a second FLO to the region based in Tirana is to be deployed in 2020. Status Agreements enabling the Agency to deploy European Border and Coast Guard Teams with executive powers on the territory of the partner countries at their borders with the EU have been signed with Albania, Montenegro and Serbia. The agreement with Albania entered into force on 1 May 2019 and the subsequent deployment of teams by the Agency in cooperation with Albanian border guards has already contributed significantly to the detection and interception of the illegal crossings of the border with Greece. The agreements with Serbia and Montenegro should enter into force as soon as possible and those with North Macedonia and Bosnia and Herzegovina should be swiftly signed. Under IPA II, Frontex is currently implementing the second phase of a project “Regional support to protection sensitive migration management in the Western Balkans and Turkey,” which supports the Western Balkans and Turkey in the establishment and strengthening of migration and border management systems in line with EU standards. Frontex also provides support to the Western Balkans partners in building up their return and readmission capacities. The European Asylum Support Office (EASO) cooperates with the Western Balkans partners through the above-mentioned IPA II regional project, in cooperation with Frontex, IOM and UNHCR. The work is based on jointly agreed regional and national priorities of cooperation on asylum and reception, implemented through capacity-building activities. These national Roadmaps support further development of asylum and reception systems in line with EU standards and accession process, where relevant. Two Roadmaps have already been implemented with Serbia and North Macedonia (2017-2019). EASO is currently developing four roadmaps, namely with Bosnia and Herzegovina, Albania, Serbia and North Macedonia (2020-2022). 5670/20                                                                    MC/kl                     4 JAI.1              LIMITE                        EN

* Europol has operational agreements with five Western Balkans partners (all except Kosovo ) and a Europol liaison officer has been deployed to Albania. Europol liaison officers for Bosnia and Herzegovina and Serbia operate from the headquarters. Europol supported the Western Balkans partners in the development of Intelligence led Policing and the set up of an EU Policy Cycle/EMPACT on Serious and Organised crime. Europol has been providing training to law enforcement analysts in order to improve the overall intelligence picture on serious and organised crime, in particular migrant smuggling. However, an intelligence gap remains. Western Balkans partners should be encouraged to increase the use of Europol channels for the exchange of operational and strategic information (the SIENA system) and enhance their participation in operational activities such as the EMPACT operational actions such as the Task Force Western Balkans, contributions to key strategic products such as the EU SOCTA, defining the EU crime priorities. Member States should be encouraged to involve Western Balkan partners in their operational activities. Finally, the Commission holds a bi-weekly videoconference on the Western Balkan route, which provides for information exchange on the latest developments along the route and at the border sections with the neighbouring and other EU Member States. The videoconference gathers interlocutors from the Western Balkans partners, EU Member States, EU Agencies (EASO, Frontex, Europol) and the international organisations present in the field (IOM, UNHCR). Challenges and way forward for migration management in the Western Balkans The abovementioned trends show continuous pressure, which cannot be addressed only by crisis management support and ad hoc reactions. With that in mind, it is essential that support for Western Balkan partners is structured and strategic, taking into account the accession perspective of the individual countries. Support should be based on mutual trust and willingness and should focus on the reforms necessary for alignment with EU standards, but also on building additional overall capacities to underpin all pillars of the comprehensive approach to migration management. The efficient migration management in the Western Balkans goes hand in hand with combating facilitation of illegal immigration and reducing security risks as this route could be used by foreign terrorist fighters (FTFs) returning from Middle East. 5670/20                                                                     MC/kl                      5 JAI.1              LIMITE                         EN

Although national administrative capacities in the Western Balkans partners have increased considerably and in most cases are now in line with the EU acquis, in various areas they still fall short to address the challenges of the current migratory flows. Deficiencies in asylum and border management and low effectiveness in combating facilitation of illegal migration in the Western Balkans may represent an additional pull factor for illegal migrants who are using the region as a point of departure towards the EU. The need of including migration management policies as national and regional priority should be emphasized, as well as necessity on promoting integration strategies as part of the overall migration agenda. The EU support to the Western Balkans should be considered in a broad context, focusing on the most critical issues in the region: –    reception and registration capacities; –    border management capacities; –    return capacities and lack of readmission agreements with countries of origin; –    access to an effective asylum system; –    integration policies; –    proper and well-defined early warning mechanism, including through monitoring various information sources, including social media; –    a system for information exchange among the Western Balkan partners; –    capacities to fight against migrant smuggling and other offences; –    engagement of the Western Balkans partners to manage migration in all its aspects, in close coordination with EU Member States. 5670/20                                                                   MC/kl                      6 JAI.1             LIMITE                         EN

On the basis of the above, delegations are invited to reflect on the following questions: •    Both emergency and mid-term investments are necessary to help effectively cope with migratory pressure along the Eastern Mediterranean route. The political willingness of the Western Balkan partners to assume an active role in controlling the flows in the region and act on all components of asylum, border and migration management on their territory is the key precondition which will determine the extent and efficiency of measures enforced. Bearing in mind the various activities already implemented in the region, on which elements should we focus in order to develop a more strategic and streamlined EU support? •    The Western Balkans’ migratory challenges are closely interlinked with those faced by the EU. How could the EU associate the Western Balkans partners closer with its own migration management policies and tools? 5670/20                                                                 MC/kl                      7 JAI.1             LIMITE                         EN