kom (2015) 0684 - Ingen titel

Europaudvalget 2015
KOM (2015) 0684
Offentligt

EUROPEAN

COMMISSION

Brussels, 18.12.2015

SWD(2015) 299 final

COMMISSION STAFF WORKING DOCUMENT

Accompanying the document

Fourth progress report on Georgia's implementation of the action plan on visa

liberalisation

{COM(2015) 684 final}

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1. INTRODUCTION

This Commission staff working document (hereinafter CSWD) accompanies the fourth

progress report on Georgia's implementation of the visa liberalisation action plan (VLAP).

The CSWD, together with the report, provides a detailed analysis of the most recent

developments relating to the second-phase VLAP benchmarks concerning effective and

sustainable implementation of relevant measures. The annex to the CSWD includes an

updated assessment of potential migratory and security impacts on the European Union (EU)

resulting from visa liberalisation for Georgia.

The factual information and assessment included in the CSWD are based on information

gathered during the EU evaluation missions that took place in Georgia in September and

October 2015, which involved experts from EU Member States, the Commission and the

European External Action Service (EEAS), as well as the EU Delegation to Georgia.

Additional information was obtained through the progress report submitted by Georgia on 17

August 2015, its updated versions received by the Commission on 22 October 2015, and

related communications between August and October 2015.

The CSWD follows the VLAP structure. In the sections corresponding to individual VLAP

blocks, the CSWD lists all the benchmarks from the second phase and it describes the state of

implementation of those that were not deemed to have been achieved at the time of

publication of the third progress report, on 8 May 2015.

2. ASSESSMENT OF THE IMPLEMENTATION OF THE VLAP UNDER THE

REMAINING BENCHMARKS

2.1. Block 1: Document security, including biometrics

The document security benchmark, which was deemed to have been achieved in the third

progress report

, has remained achieved.

2.2. Block 2: Integrated Border Management, Migration Management, and Asylum

2.2.1. Integrated border management

The integrated border management benchmark, which was deemed to have been achieved in

the third progress report, has remained achieved.

2.2.2. Migration management

Continued effective implementation of the EU-Georgia readmission agreement, as

well as relevant Georgia's readmission agreements with third countries, and of

measures providing for the sustainable reintegration of Georgian citizens (returning

voluntarily or not)

COM(2015) 684 final.

COM(2015) 199 final.

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The joint committee of the EU-Georgia readmission agreement, which met on 13 October

2015, confirmed the continuous effective implementation of its provisions. Since the entry

into force of the agreement, on 1 March 2011, until August 2015, 4587 decisions to accept

people have been adopted and 320 have been refused. The rejection ratio of readmission

applications has been falling, from 9.9% in 2011 to 3.1% in the first eight months of 2015.

The introduction of an electronic readmission management system in 2014 has significantly

facilitated communication on readmission cases. Thirteen EU Member States are now using

this web-based portal for uploading and processing readmission requests, compared to only

three in 2014.

In the area of reintegration of Georgian citizens, activities have been centralised under the

management of the Ministry of Internally Displaced Persons from the Occupied Territories,

Accommodation and Refugees (MRA). The Department for Migration, Repatriation and

Refugee Issues within this ministry is responsible for the implementation of state policies in

this area and for coordinating the process at national level. In order to ensure the maximum

efficiency and sustainability of the programmes implemented by different ministries, each

state agency has to inform the others about services offered to the Georgian returnees.

The overall policy on reintegration of Georgian nationals has been redesigned in the

framework of the 2016-2020 Migration Strategy, which is to be approved by the end of the

year. The strategy defines as a general objective the refinement of Georgia's reintegration

policy and the expansion of related programmes. This general objective is broken down into

nine specific objectives, which include ensuring the necessary funding, increasing the

Mobility Centres' capacities, creating a registration system for returning Georgian nationals

and improving data processing and risk analysis.

To strengthen the reintegration support provided to returned Georgian migrants, Georgia

established a state programme on reintegration, financed from State budget, amounting to

GEL 400.000 for 2015. State grants have been issued to six NGOs to implement projects in

various fields, such as promotion of paid internships for returnees, provision of temporary

accommodation, or provision of medical care. These services are similar to the support

provided through the four Mobility Centres that were established in Georgia within the EU-

funded project 'Reinforcing the capacities of the Government of Georgia in border and

migration management'. To ensure complementarity of the services offered under the state

programme and by the Mobility Centres, the MRA is now the point of entry for any returned

migrant applying for reintegration assistance. Once the EU-funded project for reintegration

assistance is phased out, the Mobility Centres will become subordinate to the Government of

Georgia.

Since August 2015, a new analytical department within the MRA is responsible for

establishing the analytical reporting system in respect of returned Georgian migrants. The

objective is to consolidate data collected by the Ministry of Internal Affairs on readmitted

persons, on the one hand, and the data of the Ministry of Foreign Affairs on deported and

voluntary returned migrants, on the other hand, to estimate the overall number of returnees.

The system will also contain data on their educational level, qualifications and professional

skills and their needs for reintegration. The risk analysis system of the MRA, which will be

part of the comprehensive risk analysis system that is being created on the institutional level,

will process the statistical data on returnees and identify the related risks.

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Effective implementation of legal framework for migration management, including

provision of administrative structures with adequate human and financial resources

with clear competences for all aspects of migration management, as well as effective

cooperation between relevant agencies

Georgia continued the implementation of its 2013-2015 Migration Strategy and Action Plan.

Almost all of the 100 activities envisaged have been implemented and the next Strategy and

action plan for the period 2016-2020 will be approved by the end of 2015.

Raising awareness among the Georgian population as regards the opportunities for legal

migration and the possible dangers of irregular migration was among the objectives of the

2013-2015 Migration Strategy and Action Plan. An info-campaign 'Legal Migration – Best

Choice' was launched in 2013. In this framework, the State Commission on Migration Issues

(SCMI) finalised the 'Legal Migration Guidebook', which is a comprehensive information

document covering both sides of legal migration, publicly available on various state agencies'

and NGOs' websites. The guidebook on legal emigration was published in March 2015, while

the immigration part was published in July 2015, after the last legislative changes in this field.

The 'Legal Migration – Best Choice' campaign was complemented by an information and

communication action plan on the EU-Georgia VLAP for the period of July-December 2015.

The action plan lists concrete activities to be carried out: meetings with people in the capital

as well as in the regions; thematic seminars for representatives of central and regional media,

as well as of central and local governments; and an information campaign (video clips, TV

and radio programmes, information leaflets). According to the Office of the State Minister on

European and Euro-Atlantic Integration, which coordinates this information campaign, around

200 events have taken place so far in Tbilisi and in the regions, reaching more than 25.000

Georgian citizens. Communication on the rights and obligations of Georgian citizens under a

future visa-free regime with the EU is also ensured through video clips, social media and

information leaflets.

The Office of the State Minister of Georgia for Diaspora Issues is also involved in the

information dissemination process by organising and participating in diaspora meetings and

by updating the Georgian diaspora website with relevant information. In 2015, it organised

seven such meetings in EU Member States, in which over 2000 diaspora members

participated, and where relevant information on migration and reintegration possibilities was

disseminated.

EU-funded projects such as ENIGMMA or 'Capacity Building of the Government of Georgia

in Border and Migration Management' supported several awareness-raising activities and a

new information campaign on the prevention of irregular migration is being financed by

Belgium. Further activities are planned under the '2014-2017 EU Integration and

Communication Strategy' and the '2016-2020 Migration Strategy'.

As regards the main legislative developments, the 'Law on the legal status of aliens and

stateless persons' was amended on 8 May 2015, extending the visa-free stay from 90 days to

one full year. On 7 August 2015, the Government adopted a Resolution on the conditions of

employment by a local employer of a labour immigrant and performance of paid labour

activities by such immigrant.

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Establishment and regular updating of Georgia's Migration Profile, and effective

analysis of data on migration stocks and flows

Georgia's Migration Profile for 2015 was prepared under the coordination of SCMI and will

be approved by the end of 2015. It is structured around four parts: migratory trends, impact of

migration, migration management and key findings and recommendations. The Migration

Profile will be available on the websites of SCMI and of other agencies at the beginning of

2016 and will be published in both English and Georgian. It will be updated every two years.

Consistent implementation of an effective methodology on inland detection of

irregular migrants, risk analysis (including the reporting of relevant agencies and

analysis on all administrative levels), and investigation of cases of organised

facilitated irregular migration, including effective cooperation between relevant

agencies

Irregular migrants in the country are detected either through routine checks carried out by the

police, or on the basis of information provided by state authorities. The Minister of Internal

Affairs approved on 15 October 2015 a standard operational procedure for the detection of

irregular migrants. If it is established that an alien is illegally staying in Georgia and there is

no ground for detention, the person has to appear at the Migration Department within a

maximum period of five days. If he/she fails to appear at the Migration Department without

justifiable reason, he/she will be subject to detention. From 1 July to 30 September 2015,

there were 24 cases of illegal aliens detected by the police.

The Concept of Migration Risk Analysis System, together with its Action Plan for 2015-2017,

was approved by SCMI on 25 September 2015. It aims at extending the risk analysis concept,

currently limited to the Ministry of Internal Affairs, to all migration fields.

To this end, seven state agencies will be involved in gathering and processing information for

risk analysis purposes: Ministry of Internal Affairs, State Security Service, Ministry of

Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees,

Ministry of Foreign Affairs, Ministry of Labour, Health and Social Affairs, the Ministry of

Justice’s Public Service Development Agency, State Security and Crisis Management

Council's Office. The resultant analytical reports will cover all migration-related risks, in the

areas of regular or irregular migration, border crossing and organised crime related issues,

asylum, return and reintegration of Georgian citizens, integration of foreigners and internal

migration. The reports will serve as practical tools in identifying risks, forecasting threats and

establishing adequate measures in this regard.

The overall migration risk analysis will be supported by a set of electronic tools: the Unified

Migration Analytical System (UMAS). UMAS will ensure the collection of data from various

state agencies on immigration, emigration and internal migration. The EU has contributed to

the establishment of UMAS through its project 'Reinforcing the Capacities of the Government

of Georgia in Border and Migration Management'. The tender for purchasing required

hardware and software was announced in September 2015 and it is expected that the system

will be tested by mid-2016.

Provision of adequate infrastructure (including detention centres) and strengthening

of responsible bodies to ensure, according to EU and international standards and in

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full respect of migrants' human rights, effective expulsion of illegally staying and/or

transiting third-country nationals from the territory of Georgia

Between September 2014 and September 2015, 34 return decisions were issued in Georgia, 21

of which were issued after 1 July 2015, when the 'Law on legal status of aliens and stateless

persons' fully entered into force. During the same period, 18 aliens were detained in the

Temporary Accommodation Centre.

2.2.3. Asylum policy

Effective implementation of asylum legislation, including provision of adequate

infrastructure and strengthening of the responsible bodies (staff, funding,

training programmes), in particular in the area of asylum procedures, reception

of asylum seekers, refugees and other persons in need of international protection,

protection of their rights and dignity

To facilitate access to asylum procedures, the Joint Order N1033-N2975 was amended on 23

December 2014. Previously, asylum seekers were not explicitly mentioned in the legislative

framework as a category that may be granted a visa on humanitarian grounds. This

shortcoming has been remedied with the new amendment, which specifically provides for

issuing of humanitarian visas to asylum seekers by the border authorities. Such a visa was

granted on 8 October 2015 to a Pakistani citizen who landed at Tbilisi international airport.

Other positive changes in the legislation include the guarantee, in the Criminal Code, of non-

penalisation for illegal entry of asylum seekers, as well as the abolishment of a pre-

registration procedure for asylum applications.

The procedure for determination of refugee status is being implemented by the MRA.

However, the last progress report picked out the high number of rejections based on

undisclosed security concerns by the State Security Agency. It was recommended that the

MRA make reasoned decisions on the cases independently and strictly on individual merits.

Consequently, Article 25 of the Law on Refugee and Humanitarian status has been amended

and now specifies the grounds under which an application can be rejected for state security

purposes, namely when there is a reasonable ground to believe that the asylum seeker has

connections with armed forces hostile to Georgia, foreign intelligence services, terrorist or

other criminal organisations. This article also obliges the State Security Agency to provide the

MRA with minimum information about asylum seekers’ potential threat to state security but

the applicants themselves have no access to the classified information.

A backlog management strategy has been developed to reduce the high number of pending

cases. First, clear guidelines were drafted for the Donbass region in Ukraine, for Yezidi who

have fled Daesh-controlled territory in Iraq and for Sunnis out of Iraq. These guidelines,

which introduce simplified procedures, together with increased specialisation of caseworkers,

led to a significant decrease of the backlog, from 1174 pending cases in March 2015 to a

normal workload of approximately 200 cases in October 2015. Second, a new provision of

Decree No 100 'On the Procedures for Granting Refugee or Humanitarian Status' envisages

the setting up of a commission that can, among other things, decide on relevant

methodological guidelines and identify the need for additional human and financial resources.

Finally, a new Article 5 of the 'Law on Refugees and Humanitarian Status' was introduced,

enabling the use of the prima facie principle in case of massive influx of asylum seekers.

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In the last months, MRA also took measures to monitor the quality of the handling of cases.

Besides establishing a separate Quality Control and Training Unit, which will identify needs

in the field of research and plan training for its staff as of 1 January 2016, MRA adopted

procedural quality indicators for the filing system, the application procedure, interview

documents and assessment. The recent introduction of the recording of personal interviews is

welcomed in this regard to evaluate the quality of interviews.

Training may contribute to better implementation of the procedure for determination of

refugee status. The MRA staff has participated in various training activities organised by

organisations such as UNHCR and ICMPD. The MRA has already offered to give its

caseworkers internal trainings, based on national needs and given by national staff. Its new

Quality Control and Training Unit will be in charge of developing the national training

programme. In the meantime, and to support the work of the Quality Control and Training

Unit, a migration training manual was adopted on 29 September 2015.

Caseworkers were briefed on basic principles of country of origin information (COI) in a

workshop, and regular meetings were organised on recent developments in the main countries

of origin. Moreover, a new database that can be consulted independently by all caseworkers

contains country of origin information and enables the COI unit to post questions on specific

countries, which will be answered by specialists. The MRA has working arrangements with

several EU Member States, including for example direct access to the German COI database.

It should be noted that the legislative framework was amended to guarantee the independence

of the COI unit and clearly distinguish between COI and policy products.

In case of a negative decision, an asylum seeker now has 15 days to lodge an appeal before

the court. The previous 10-day deadline was considered as too short given the vulnerability of

the applicant, and has therefore been prolonged through an amendment to the Code on

administrative procedures. The draft law on asylum that will enter into force as from next year

provides for an appeal period of 30 days. In addition, the maximum processing time in the

appeal phase has been shortened to two months. The 'Law on free legal aid' was modified on

29 July 2015 to give asylum seekers access to qualified and free legal assistance and

representation in court. The new provisions will enter into force on 1 January 2016. The help

provided by the Legal Aid Service will be the same as for Georgian citizens.

As regards infrastructure, a new wing of the Temporary Accommodation Centre for asylum

seekers in Martkopi will open in January 2016, increasing the total capacity to 132 persons.

Integration of refugees and beneficiaries of international protection, ensuring

their capacity to self-sustain, to access public services and social rights and to

integrate in Georgia, including access to travel documents under the legislation

Georgia has taken further steps to address integration issues, for example by giving refugees

vouchers to receive vocational training or facilitating access of minors to the general

education system. The integration of asylum seekers is part of the 2016-2020 Migration

Strategy. The accompanying Action Plan will identify the financial needs for carrying out the

planned activities.

Naturalisation is considered as the most durable solution to integrate refugees and stateless

persons. The legislative framework in place since 2009 provides procedures for granting

Georgian citizenship to refugees. A refugee can address to the relevant Georgian authorities a

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request for granting of citizenship by naturalisation either under the ordinary procedure or by

way of exception. The new law on citizenship introduced Georgian language knowledge,

knowledge of history and basic principle of law as mandatory requirements for naturalisation.

A special educational programme was developed in 2015 to provide Georgian language

courses for asylum seekers, refugees and humanitarian status holders.

2.3. Block 3: Public Order and Security

2.3.1. Preventing and fighting organised crime, terrorism and corruption

Implementation of the legislation, national strategy and action plan on

preventing and fighting organised crime including effective coordination between

the relevant authorities, as well as conducting effective investigation, prosecution

and confiscation of proceeds of crime

The organised crime benchmark, which was deemed to have been achieved in the third

progress report, has remained achieved.

Implementation of legislation, national strategy and action plan on addressing

trafficking in human beings, including effective coordination between state

agencies, effective protection of victims of trafficking, in particular children, as

well as effective measures to prosecute human traffickers and users of services of

trafficking victims; provision of adequate infrastructures and funds ensuring

decent reception and protection of the rights and dignity of trafficking victims,

and supporting their social and professional reintegration

The protection of victims of trafficking in human beings (THB) is mainly ensured through a

dedicated State Fund. The State Fund for Protection of and Assistance to (Statutory) Victims

of Trafficking in Human Beings, established in 2006, is responsible for the two victim

shelters and the financing of support measures. All victims, whether they are considered as

'statutory victims' by the law or not, have access to the services provided by the State Fund,

including a three-month stay in one of the shelters and payment of a compensation of GEL

1.000.

The shelters are equipped to receive children and are supported in this by the Social Services

of the Ministry of Labour, Health and Social Affairs. Social workers are required to draw up

an individual rehabilitation plan for each child and to monitor its implementation. Two posts

of 'babysitters' have recently been filled to take care of minor THB victims and children

accompanying their parents, as well as to support them in their education. Unaccompanied

THB victims are under the legal guardianship of the Social Service Agency and may be

placed in family-type care or accommodated in a shelter.

The State Fund resources have been increased and a psychologist was recruited for the Tbilisi

shelter. Every beneficiary of the shelter is subject to mandatory medical screening upon

arrival and can then decide whether she/he wants to receive medical assistance. On 7 August

2015, the new Director of the State Fund approved a new offer form, which lists all available

services in three languages (Georgian, Russian and English) and provides for the reason to be

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given if a service is refused. In general, the State Fund resources are deemed to be flexible

and responsive to the varying needs of victims.

A governmental decree of 2 March 2015 established a Labour Conditions Inspection

Department within the Ministry of Labour, Health and Social Affairs. Twenty-five inspectors

have recently been recruited from a variety of different professional backgrounds. They

received intensive training including THB and forced labour, with the support of the

International Labour Organisation. By the end of November 2015, the inspectors had visited

75 (state and private) companies and the first recommendations on occupational and health

issues had reached the relevant employers. The current system is being reviewed by the

Ministry of Labour, Health and Social Affairs, together with NGOs and international

organisations to introduce sanctions, in compliance with the standards of the International

Labour Organisation. Furthermore, a Memorandum of Understanding was signed on 13

August 2015 between the Ministry of Labour, Health and Social Affairs and the Ministry of

Internal Affairs with clear arrangements for information sharing and reporting of cases.

The Central Criminal Police Department (CCPD) of the Ministry of Internal Affairs is the

law-enforcement agency responsible for investigating THB. Four mobile groups complement

the work of the central and regional agencies. Between January and July 2015, the mobile

groups inspected 52 high-risk organisations, including venues used for prostitution such as

bars, baths, saunas and hotels with clubs. The officers also liaise with childcare institutions,

tourism and employment agencies and respond to hotline enquiries. Another source of

information is the interviewing of deported people coming through Tbilisi international

airport and the Sarpi border crossing point. Between January and October 2015, 1.265 persons

were interviewed at the airport and 487 at the border crossing point. Out of 17 investigations

led between January and September 2015, 11 resulted from proactive activity. Seven cases

concerned labour exploitation, nine related to sexual exploitation, and one to the selling of a

minor.

Furthermore, with a view to securing the testimony of buyers of the services of THB victims,

Georgia amended Article 143 of its Criminal Code on 24 July 2015. Pursuant to the new

provision, such persons may be relieved of criminal liability if they make a voluntary

confession and cooperate with the investigation. While the main objective is to tackle

traffickers, the law must be implemented rigorously to avoid a situation where buyers of the

services of THB victims face no consequences for their actions.

Both the CCPD and the State Fund have separate hotlines specifically dedicated to THB. In

September 2015, the hotlines received respectively 133 and 146 calls. The number of calls is

tangible evidence that public awareness measures are increasing concern about the issue of

THB across the country. The need for two separate hotlines was confirmed by NGOs. The

State Fund provides

inter alia

useful information on preventive measures and legal

consultation on labour contracts. The risk with a single hotline operated by the State Fund and

law enforcement is that those who are not willing to cooperate with the police may not use the

hotline at all.

Data are now collected and shared in a single database, which has been developed by the

Inter-Agency Coordination Council on Combating Trafficking in Human Beings. The new

database contains extensive information including details on victims, witnesses and suspected

traffickers, nominated officers and contacts, stages of cases and outcomes. It is available to all

key agencies in a secured way.

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The allocation of police attachés has been reviewed to ensure that countries highlighted as

threats in terms of trafficking are covered, i.e. Azerbaijan, Kyrgyzstan, Uzbekistan and

Armenia. Moreover, in the first nine months of 2015, five mutual legal assistance requests

came from Turkey and one from Azerbaijan.

Effective implementation of the legal framework and national strategy and action

plan on preventing and fighting corruption

The Anti-Corruption Council (ACC), which was established in 2008, continues to facilitate

the development of state anti-corruption policy and the fight against corruption. The

Government approved the new Anti-Corruption Strategy and the 2015-2016 Anti-Corruption

Action Plan adopted by the ACC on 20 April 2015. The Action Plan includes all the relevant

components: strategic priority, results and respective indicators, activities (indicating specific

targets to be fulfilled), specific deadlines (indicating both month and year), responsible

agencies/partners, risks and budget (indicating amounts allocated for each specific measure

and amount of donor support as well as financial gap).

Ensuring the independence and efficient functioning (including analytical

capacity) of anti-corruption bodies, including the Anti-Corruption Inter-Agency

Coordination Council; ensuring effective measures for addressing corruption in

areas/sectors identified as being most vulnerable (risk assessments); ensuring and

maintaining a convincing track record of corruption cases (from prosecutions to

final court decisions), including corruption at high-levels, as well as of detection

and sanctioning of conflicts of interest and unjustified wealth

In order to ensure the implementation of the 2015-2016 Action Plan, on 4 February 2015 the

ACC adopted a new stand-alone monitoring and evaluation methodology in respect of anti-

corruption policy documents. The methodology is based on the recommendations of

international and local organisations, as well as monitoring mechanisms used by GRECO and

OECD-ACN. In June 2015, the ACC Secretariat prepared the first progress report on

achievement of six months' targets of the Anti-Corruption Action Plan (2015-2016).

The Anti-Corruption Agency was established within the Ministry of Internal Affairs at the end

of 2012. As a result of the security sector reform in August 2015, which resulted in the

establishment of the State Security Service of Georgia, the Anti-Corruption Agency has been

subordinated to the Service. The Agency investigates cases of conflict of interests in public

service and the fight against corruption and malfeasance by officials within their competence.

The Agency is also required to take preventive and suppressive measures necessary for the

fight against corruption.

The two specialised units responsible for handling serious corruption crimes cases within the

Office of the Chief Prosecutor set up in early 2015 are the Anti-Corruption Unit and the

Department for the Crimes Committed in Process of Legal Proceedings. The Anti-Corruption

Unit is responsible for investigation and prosecution of the most serious corruption crimes

cases. It is also in charge of trend analysis and policy making. Based on the analytical work,

the unit aims to develop practical guidelines for the investigation and prosecution authorities

working on corruption crime cases. The unit currently employs seven investigators, three

prosecutors and various administrative staff. The staffing may further increase in light of the

emerging needs. The Department for the Crimes Committed in Process of Legal Proceedings

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is competent to investigate and prosecute the abuses of legal process that lead to serious

human rights violations inter alia freedom from torture, inhumane or degrading treatment or

punishment and arbitrary deprivation of possessions.

Corruption crimes asset recovery figures for 2015 demonstrate that Georgian authorities

performed reasonably well the fight against corruption crimes. In nine months of 2015, EUR

515.000 in assets were confiscated and EUR 5.350.000 in assets were frozen by Georgian

authorities.

The Georgian authorities further addressed concerns regarding the autonomy of Public

Prosecution. Legislative amendments have been prepared to the 'Law on Prosecution Service'.

The amendments envisage the establishment of new institutions: the Prosecutorial Council,

the Conference of Prosecutors and the Special (ad

hoc)

Prosecutor.

According to the amendments, the Chief Prosecutor's Office will be headed by the Chief

Prosecutor whose term of office will be six years. No person may be elected as a Chief

Prosecutor for a second consecutive term.

The new institutional model for the reformed Prosecutor’s Service envisages the

establishment of a Prosecutorial Council consisting of fifteen members, including the Minister

of Justice as a chairperson of the Council, eight prosecutors to be elected by the conference of

all prosecutors, two members of Parliament (one from the parliamentary majority to be

elected by the parliamentary majority, and another from the members that do not belong to the

parliamentary majority to be elected by such members), two judges of general courts to be

elected by the High Council of Justice, and two members of the Prosecutorial Council who

will be elected by Parliament from among the candidates nominated by higher education

institutions and civil society organisations. Neither the Minister of Justice nor the Council will

have prosecutorial powers under this model.

If there are sufficient grounds to believe that the Chief Prosecutor has committed a crime, the

Prosecutorial Council, at the initiative of one or more Council members will discuss the issue

of appointing a special (ad

hoc)

prosecutor. The Chief Prosecutor will be suspended from

discharging his/her responsibilities immediately upon the appointment of the special

prosecutor and suspension will be effective until the Prosecutorial Council and/or Parliament

makes a decision. If the special prosecutor finds it probable that the Chief Prosecutor has

committed a crime, the Prosecutorial Council will, by two thirds of its members, approve the

report of the special prosecutor, following which it must apply to the Parliament to remove

the Chief Prosecutor from office. Furthermore, the Chief Prosecutor may also be dismissed

from office if the Prosecutorial Council, after examination, by secret ballot by two thirds of its

total membership, decides that he/she has committed a disciplinary offence. In addition, the

draft amendments also envisage other grounds for removal of the Chief Prosecutor from

office, such as his/her resignation or incapability of discharging duties for health reasons, or

taking over any other public office, or any other case of conflict of interest, etc.

A number of important safeguards have been introduced into the operation of the plea-

bargaining system. Either the prosecutor or the defendant can propose a plea bargain. The

district prosecutor must approve agreements entered into by lower-ranking prosecutors in his

district. The judge must be satisfied that there is a proper legal basis for the conviction of the

defendant and that the defendant understands the consequences of his/her action in entering

into the plea bargain. The prosecutor is under an obligation to consult with the victim of the

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crime although not necessarily to agree with or accept the victim's point of view. The victim

is also entitled to be heard by a judge. The plea bargain has to be recorded in writing and

signed by the parties concerned. Policy guidelines are in place for prosecutors, which suggest

appropriate sentences for different offences and the weight which should be given to different

mitigating and aggravating circumstances. The decline in the number of cases being dealt

with by way of a plea bargain, from approximately 90% to approximately 70% between 2013

and 2014, would suggest that these reforms have had an effect. From January to July 2015,

64% of cases were completed with plea bargain agreement, while in 2014 there were 69.9%

cases registered with this procedure.

The issue of enhancing the independence of individual judges has been further addressed in

relation to the three-year statutory probation period for those judges who have served a 10-year

term. The Government decided to introduce relevant provisions to the draft law currently being

considered by the Parliament as a part of the third-wave judicial reform package, which is

expected to be adopted by the end of 2015.

The working process on the Civil Service Reform concept, which was adopted in November

2014, revealed the need for a unified approach and some shortcomings of the legislation

governing the civil service, such as the existence of contradictory provisions within main laws,

or the absence of secondary legislation regulating specific legal relationships. On 28 October

2015, the Parliament adopted the 'Law on Civil Service' with the relevant package of 46

secondary laws. The respective legal acts will enter into force from 1 January 2017. The new

'Law on Civil Service' specifies the status of a civil servant, terms of recruitment and

employment, civil service management issues and the employment relationship of civil

servants. Pursuant to the new draft regulations, all professional civil servants must be appointed

on merit on the basis of fair and open competition. Special guarantees for the independence of

the head of the Civil Service Bureau (CSB) are laid down. These include conditions for early

termination of his/her term of office. In addition, significant progress was made towards

enhancement of the CSB’s capabilities and resources. More specifically, the role of the CSB

has been increased in the civil service human resources selection process. In addition, a further

GEL 150.000 was added to the 2014 yearly budget of the CSB and it was entitled to hire 18

additional staff members.

The Georgian authorities took further steps to strengthen the protection of whistle-blowers, by

introducing amendments to the 'Law on the Conflict of Interest and Corruption in the Public

Service'. The amendments passed the third reading in the Parliament on 28 October 2015.

Pursuant to the amendments, upon notification regarding misconduct of civil servants the

whistle-blower protection rights prescribed by the law will be extended to 'any person' outside

the public sector and will not be limited to only current or former civil servants. Furthermore,

according to the draft amendments, whistle-blowers will be able to inform civil society or mass

media directly after the decision is made by an application reviewing body, police, prosecutor

or public defender as opposed to the existing regulation whereby whistle-blowers, before

informing civil society or mass media, have to wait for two months after the decision is made

by an application reviewing body, police, prosecutor or public defender. Moreover, pursuant to

the amendments, the electronic appeal mechanism allowing for confidential appeal in case of

doubt over misconduct by civil servants will be introduced. The appeal will be processed by

the CSB in a confidential manner and then automatically forwarded to the appropriate public

entity.

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Further work has been carried out in order to strengthen the monitoring and verification

system of asset declarations by public officials. The special working group created by the

Anti-Corruption Council held a number of meetings throughout February-June 2015 and draft

amendments were finalised by the CSB. The amendments were discussed at the Anti-

Corruption Council Session on 29 June 2015 with the active participation of public agencies,

representatives of civil society and international organizations. According to the amendments,

monitoring of declarations will take place in three cases: first, constant verification of the

declarations of top-level officials exposed to high risks of corruption; second, by random

selection of declarations in a transparent manner through the electronic system based on

specific risk criteria by the Independent Commission (the list of selected declarations will be

published at the beginning of each year by the CSB); third, on the basis of well-founded

written complaints/information submitted to the CSB.

The monitoring process will be completed upon cross-checking of the information in different

electronic databases in accordance with the principles of confidentiality. The CSB: the first

may make either a positive assessment of the declaration in question or a negative assessment

thereof, the latter in the event of a violation related to non-submission of required

information/documents, submission of an incomplete or incorrect declaration as well as

violation of the 'Law on Civil Service and Law on Conflict of Interest and Corruption in

Public Sector', which will be identified throughout the monitoring process. For minor

violations, the Head of the CSB will impose a fine upon a public official amounting to GEL

1.000. In cases where it is found that a public officer has presented deliberately incomplete or

incorrect data, or specific elements of crime are identified, the declaration in question together

with appropriate documentation will be sent to law-enforcement bodies for their

consideration.

In addition, in order to effectively implement the monitoring of asset declarations, the draft

amendments define direct and indirect participation in enterprise activities, specified time of

submitting asset declarations and expand the scope of information to be disclosed by public

officials. Furthermore, in order to allow for comprehensive and extensive monitoring to detect

conflict of interest and corruption-related offences, according to the new draft regulations

officials will be obliged to fill in asset declarations a year after leaving office, if not appointed

to a new position.

The amendments to the 'Law of Georgia on the Conflict of Interests and Corruption in Public

Service' were adopted by the Parliament of Georgia on 28 October 2015 in third reading.

The Georgian authorities continued to improve the procurement system. The State

Procurement Agency of Georgia (SPA) drew up amendments to the 'Law on State

Procurement'. The changes introduced include the provision that a decision on conducting

simplified procurement must be agreed with the SPA. A submitted application on the conduct

of simplified procurement by the procuring entity is public and all the interested parties are

entitled to express their own considerations. The SPA will take into account both the

submitted application of the procuring entity and considerations expressed by the interested

parties, including civil society and business sector actors. The rules, procedures, criteria and

terms for agreeing a decision on conducting simplified procurement with the SPA were laid

down by the corresponding by-law. Thus, the procedures explicitly require public notice and

the right of objectors to be heard is ensured, and also the decision to dispense with tendering

requires independent approval by the SPA. Based on the aforementioned legal amendments,

the SPA drew up the Decree of the Chairman on 'Defining Criteria and Adopting Rules for

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Conducting Simplified Procurement'. The Decree clearly defines the basis and criteria for

awarding a contract through simplified procurement, the rule on agreeing the decision with the

Agency as well as other issues concerning simplified procurement. In particular, according to

the Decree, the simplified procurement can be conducted if the value of procurement is below

the statutory thresholds. The Decree also defines other circumstances in which simplified

procurement can be conducted, such as when supply of goods, rendering a service or carrying

out construction is (a) an exclusive right of one person; (b) an urgent necessity; (c) in order to

prevent the deterioration of the quality of an object, etc. For all these above-mentioned

circumstances/cases the Decree sets out the criteria, which should be met in order to allow

simplified procurement. The procuring entity is entitled to award a contract through simplified

procurement pursuant to directly prescribed cases and established procedures of the Law and

the Decree. The Decree was signed on 17 November 2015 and entered into force on 1

November 2015.

Development of effective ethical codes accompanied by sanctions applicable to

public officials (elected and appointed) and notably regarding elected officials at

central and local level, law enforcement and judiciary; ensuring appropriate

capacity, specialisation and training of law enforcement and judiciary to deal

with corruption cases in an efficient manner

As regards the development of effective ethical codes accompanied by sanctions applicable to

public officials, the working group responsible for the development of norms on ethical

conduct of civil servants was established. The Code of Ethics will include detailed regulation

of conduct in the civil service and will apply to all civil servants (with exceptions). The

working group has already developed the initial draft code and submitted it for consideration

to the Civil Service Bureau. Preparation of the draft code on ethics as a separate law is

scheduled for the end of 2015.

Additionally, a handbook on 'Ethics and General Rules of Conduct for Civil Servants' was

developed, presented officially and published online as well as sent out to all central and local

governmental institutions.

Implementation of legislation for the prevention of money-laundering and

financing of terrorism, including reporting obligations; implementation of

relevant legislation on search, freezing, seizure and confiscation of assets of

criminals (including the provisions addressing cross-border aspects)

In July 2015, the Georgian Parliament adopted several amendments to strengthen its

legislative framework for cross-border cash movements and improve its implementation.

First, the 2003 'Law on facilitating the prevention of illicit income legalisation' was amended

to extend the anti-money-laundering requirements for cross-border transportation of cash and

securities to the export and import of physical currency and bearer negotiable instruments

through mail and cargo containers, where the amount exceeds GEL 30.000. Consequently, the

scope of the declaration system was broadened to include cash sent and received by post and

freight in addition to cash physically carried by natural and legal persons. Thus, any cross-

border movement is now subject to declaration if the amount exceeds GEL 30.000. Second,

Article 289 of the Tax Code was reviewed to increase penalties in the event of failure to

comply with the obligation to declare cross-border cash movements. Previously,

administrative fines were limited to a maximum amount of GEL 3.000 or deprivation of

possession. Under the new Tax Code, bypassing the customs control may lead to a penalty of

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GEL 3.000 if the amount of cash movement was more than GEL 30.000, GEL 5.000 if it was

above GEL 50.000, and a seizure of cash or a fine equal to 10 % of the amount transported if

it had a total value of GEL 100.000 or above. Third, the declaration form has been changed to

include information about the provenance and intended use of the cash. Lastly, if there are

indications of illicit activity concerning amounts of cash carried which are below the

declaration threshold, the Revenue Service will liaise with relevant agencies, such as law-

enforcement agencies which are present at the border to take appropriate action.

In order to make better use of the existing legal framework for confiscating criminal assets,

the Chief Prosecutor's Office developed a four-step action plan that was implemented during

summer 2015. The first action taken involved the drafting of a Recommendation instructing

prosecutors and investigators 'on certain measures to be implemented in the course of criminal

proceedings'. To prevent criminals from finding ways to avoid confiscation of illicit assets

through plea-bargaining, the Recommendation provides that 'measures shall be taken to

ensure [the] confiscation, irrespective of the fact, whether the plea bargain agreement should

be concluded with the said person'. On this last point, it should be noted that the

recommendation to freeze assets and request confiscation is addressed to prosecutors whereas

confiscation is ordered by courts, normally on a discretionary basis. The content of the

Recommendation was discussed with its main recipients in the first half of July 2015. In total,

275 prosecutors and investigators participated in the meetings. On 4 August, the Chief

Prosecutor adopted the Recommendation, which was then circulated internally. The General

Inspection Unit of the Chief Prosecutor's Office was designated as the monitoring body for

implementation of the Recommendation. According to a preliminary analysis by the General

Inspection Unit, since the adoption and circulation of the Recommendation, the law-

enforcement bodies and prosecutors have started more proactively pursuing confiscation of

assets. Statistics show that in nine months of 2015, the amount of confiscated property in

money-laundering cases almost doubled in comparison to 2014.

As far as the institutional framework is concerned, the Financial Monitoring Service (FMS)

has operated since 2004 as the national centre for receiving, analysing and disseminating

suspicious transaction reports. Whereas the FMS was previously a legal entity of public law at

the National Bank of Georgia (NGB) and used to receive financing from the NGB, it is now

an independent legal entity of public law that is accountable to the Government of Georgia

and receives funding from the state budget. It is expected that the FMS will become more of a

priority. Moreover, the FMS hired two new staff members in October 2015 and plans to

shortly announce additional openings for the remaining vacancies.

The most important supervising authority is the National Bank of Georgia, which supervises

all financial institutions, except for insurance companies and private pension schemes. A

separate methodology and offsite inspection unit has been established within the National

Bank, which exclusively performs risk-based offsite anti-money-laundering (AML) and

counter-terrorist financing (CFT) supervision of financial institutions. The recruitment of six

people to the unit has been completed and the first AML/CFT reports were filed by

commercial banks in summer 2015. The Insurance Supervision Authority, which acts as

supervising authority for insurance companies and private pension schemes, created a new

separate offsite monitoring division within the supervision department. Three staff members

are being recruited and work has started to define the forms of reporting and the frequency of

their submission.

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To address the low level of reporting in a number of professional sectors, such as lawyers,

accountants or auditors, the FMS organised awareness-raising activities. Between April and

August 2015, it conducted three training seminars for members of the Association of Law

Firms of Georgia on customer due diligence requirements and the application of risk-based

approach. The FMS also assisted the Association in drafting a lawyer's guide to the

prevention of money-laundering and plans to develop training courses for lawyers in

Georgia’s anti-money laundering legislation as part of their continuous education programme.

The FMS is currently working with the Georgian Federation of Professional Auditors and

Accountants to organise training-seminars for auditing firms.

On 25 September 2015, the Council of Europe launched its project 'Combating money

laundering and terrorist financing in Georgia', with EU funding. The project aims at

enhancing the capacities of the anti-money-laundering and counter-terrorist financing system

in Georgia in terms of legislation, institutional frameworks, skills and operational capabilities.

Implementation of the national anti-drug strategy and action plan, ensuring

adequate working of the Inter-Agency Coordination Council on Combating Drug

Abuse, making the information on drug seizures and persons involved accessible

at border crossing points, and further developing cooperation and information

exchange with relevant international bodies in the drug field; establishing

cooperation with the European Monitoring Centre for Drugs and Drug Addiction

(EMCDDA)

Georgia continued to implement the national drug strategy and action plan for 2014-2015.

The latest developments confirmed the progress made by the authorities in shaping a balanced

drug policy, pursuing both demand-reduction policies and supply-reduction measures.

As regards demand reduction, recent preventive activities that include training on risks and

early identification of drug abuse were provided to 370 family doctors throughout the country

between the end of 2014 and August 2015. In the area of treatment and rehabilitation, more

than 3000 opiate addicted persons benefited from substitution therapies in the first half of

2015 thanks to an increase in the overall capacity of the drug-addiction state programme.

Furthermore, in order to increase the number of beneficiaries of the services provided by the

harm reduction centres (e.g. safe injecting instruments and HIV testing), a mobile ambulatory

practice has started operating in October 2015.

As regards supply reduction, Georgia has further strengthened the drug-related provisions of

its legislative framework. On 15 March 2014, new legislative amendments entered into force

that criminalised the illicit trade in some psychoactive substances being used as main

substance for producing home-made drugs. As a result, the use of so called 'crocodile' (home-

made drug) has decreased by around 99 % in recent months.

New amendments to the Criminal Code, which entered into force on 31 July 2015, aim at

distinguishing between criminal liability for possession and distribution of drugs. Thus, illegal

manufacturing, production, purchase, storage, transportation, transfer or sale of narcotic

drugs, their analogues, precursors or new psychotropic substances will not be punished as

strictly as before, whereas distribution will still be heavily punishable. The previous version

of Article 260 of the Criminal Code provided for a criminal liability of up to eleven years

imprisonment for both drug possession (and other actions, such as production, storage, etc.)

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and distribution. According to the new law, drug possession is punishable with up to six years

imprisonment.

However, six years' imprisonment is seen as an exceptional sanction and statistics show that,

even before the new amendments entered into force, between one and three years'

imprisonment was imposed in the vast majority of cases (70 % of cases in 2011, 73 % of

cases in 2012, 91 % of cases in 2013 and 90 % of cases in 2014). Since the entry into force of

the amendment, out of 108 persons convicted under Article 260(1) of the Criminal Code, 37

were imprisoned. One of them was sentenced to over five years' imprisonment.

As to the liability for drug consumption or possession of a small amount for personal

consumption, the Georgian legislation provides that the first occasion is subject to an

administrative fine. The second case within the same year is punishable by a fine, community

service or imprisonment of up to one year under Article 273 of the Criminal Code. As a

matter of judicial practice, imprisonment is imposed only for third-time use of drugs within

the same year. It should also be noted that possession of small amounts of cannabis (2-3

grams) does not reach the threshold of criminal offence in Georgia and is not punished at all

under Article 260(1) of the Criminal Code.

Within the Council of Europe/EU Eastern Partnership Programmatic Co-operation

Framework regional initiative, the 'Alternatives to coercive sanctions to drug law offences and

drug-related crime' project is being implemented in Georgia. Comparative research is being

conducted to identify what models of alternatives to imprisonment for drug-dependent

offenders are applicable and feasible for Georgia. On the basis of the findings, alternatives to

imprisonment will be further integrated into the policy and practice of Georgia.

In order to protect citizens from arbitrary drug testing, the Georgian legislation provides

different options for appeal in respect of unplanned drug tests performed by the police. First,

the 'law on police of Georgia' requires that the decision on conducting a test be based on a

reasonable ground to believe that a person has consumed drugs. Pursuant to Order 725 of the

Minister of Internal Affairs, approved on 30 September 2015, the reasonable ground to

believe must be accompanied by other circumstances. Thus, an employee of the Ministry of

Internal Affairs is authorised to transfer a person for drug testing to the forensic service of the

Ministry only if (a) the employee personally witnessed that person committing an offence

envisaged under the Code of administrative offences of Georgia, (b) the person attempts to

flee or refuses to comply with the legal request of the police and there are sufficient grounds

to believe that this person has consumed drugs or is under drug influence, or (c) information

that a person has illegally consumed drugs has been obtained through operative-search or

covert investigative activities conducted in compliance with Georgian legislation, has been

reported to the Ministry, or submitted directly to a policeman by an identified source.

Furthermore, a person subject to an unplanned drug test has different options to challenge the

police decision, from referral to the General Inspection of the Ministry of Internal Affairs,

which is responsible for sanctioning illegal acts of policemen, to appeals before the

Administrative Court and the Prosecutor's Office. Between 2014 and mid-2015, a total of 40

cases were reported via the hotline number of the General Inspection of the Ministry of

Internal Affairs. Two cases were forwarded to the Chief Prosecutor's Office for further

consideration. Besides mechanisms for challenging a decision of the administrative body, the

results of the drug tests as such are subject to judicial review within 14 days.

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The institutional framework in the area of drugs has been further strengthened. In addition to

the Inter-Agency Coordination Council on Combating Drug Abuse, a National Drug

Monitoring Centre will start operating by the end of 2015, which will produce annual country

reports and serve as an EMCDDA focal point. Furthermore, cooperation with EMCDDA has

been stepped up with the signing on 4 November 2015 of a Memorandum of Understanding

between the EU body and the Ministry of Justice of Georgia.

Sound implementation of relevant UN and Council of Europe Conventions, as

well as GRECO recommendations in the above-mentioned areas

The implementation of this benchmark has been evaluated in other sections of this report.

Provision of sufficient financial and human resources, including adequate

training programmes, to ensure effective implementation of all the measures

mentioned above

The implementation of this benchmark has been evaluated in other sections of this report.

2.3.2. Judicial co-operation in criminal matters

The judicial cooperation in criminal matters, which was deemed to have been achieved in the

third progress report, has remained achieved.

2.3.3. Law enforcement co-operation

Ensuring a high level of operational and special investigative capacity of law

enforcement services and its consistent and efficient use to tackle cross-border

crime

The Procedural Code and the Law on Criminal Intelligence Activity provide the legal

framework for the operational and special investigative operations of law-enforcement

services. They lay down a broad set of special investigative measures, ranging from

interrogation and wiretapping to undercover operations. Georgian law-enforcement agencies

have demonstrated their capability to use special investigative measures.

Besides the legal tools, Georgian authorities have sophisticated equipment at their disposal to

support investigations and prosecutions. Forensic capabilities have been further strengthened,

notably with the technical upgrade of a chemistry laboratory in the Samegrelo-Zemo Svaneti

region. The regional laboratory can now provide advanced instrumental analysis on drugs,

pharmaceutical and unknown substances for local law-enforcement agencies, independently

of the Tbilisi laboratory.

Ensuring a high level of effectiveness of law enforcement co-operation among

relevant national agencies - especially border guards, police, customs officers -, as

well as cooperation with the judicial authorities

The institutional framework and coordination tools supporting law-enforcement co-operation

within Georgia are well known and used by the relevant public actors. Not only have the law-

enforcement agencies shown that their co-operation is highly effective, fostered by the 2013

Memorandum of Understanding on Inter-Agency Co-operation on Law Enforcement issues,

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but there is also good interaction between investigators and prosecutors. Joint investigator-

prosecutor teams deal with high-profile cases and joint training courses are held within the

framework of the Memorandum of Understanding. The latest were organised in July 2015 and

involved representatives from the Ministry of Internal Affairs, the Ministry of Finance and the

Prosecutor's Office. Furthermore, e-flow electronic exchange software enables real-time

communications among all law-enforcement and prosecution bodies in a secured way.

With a view to producing a regular assessment report on all-encompassing threats, based on

intelligence-led policing and continuous evaluation, an intra-agency working group within the

Ministry of Internal Affairs was created on 22 June 2015. So far, each structural unit of the

Ministry is carrying out its own analytical process. The Central Criminal Police Department

and the Patrol Police Department are collecting and analysing data on the criminal cases

falling within their respective areas of competence. This information is consolidated by the

Information-Analytical Department, which analyses the data and makes recommendations.

The department already documents all criminal records registered in Georgia and reflects

them in statistical reports but the Ministry lacks a common system of risk analysis.

The working group has developed the concept of a

unified

risk analysis mechanism, based on

intelligence-led policing. The working group held several meetings to flesh out the functions

of the structural units involved in the implementation of intelligence-led policing.

Representatives of the Belgian Federal Police visited Georgia on 5-9 October 2015, in the

framework of the EU-funded ENIGMMA project, to share their experience in this regard. On

the basis of the concept, approved on 22 October 2015, and the exchanges with partner states,

the working group started preparing a detailed action plan of the measures to be adopted for

the implementation of the future risk assessment system.

Strengthened bilateral and multilateral operational law enforcement cooperation

agreements or working arrangements, namely with INTERPOL, including by

sharing on time relevant information and conducting joint investigations and

operations with competent law enforcement authorities of EU Member States

and third countries, in line with data protection requirements and through the

appropriate channels

International cooperation is implemented on the basis of international agreements and the 'law

on international law enforcement cooperation', which provides for the categories of

information that can be exchanged and regulates international police cooperation even in the

absence of bilateral and multilateral agreements. In the latter case, cooperation will take place

on the basis of an

ad hoc

decision or under the principle of reciprocity. The rules for drafting

and sending requests are laid down in the Order of the Minister of Internal Affairs No 787

dated 15 October 2014. When there is a need for international cooperation, the regional police

unit sends a request via e-flow to the Ministry of Internal Affairs and the National Central

Bureau of Interpol, and asks them for assistance. The information can be issued by the

divisions of Ministry with the consent of the Information-Analytical Department.

Bilateral police cooperation is based on 25 agreements on security and the fight against crime,

14 of which have been concluded with EU Member States, and 16 agreements on the

exchange of classified information, 13 of which have been concluded with EU Member

States.

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To further improve partners' trust in the Georgian authorities, the Minister of Internal Affairs

adopted on 30 May 2015 by Order No 387 the 'instruction on processing and protecting

personal data' within its Ministry, including for international exchange of personal data in the

law-enforcement field. The aim is to promote the application of Georgia's Personal Data

Protection Law and of Recommendation No R 87(15) of the Council of Europe for processing

of all personal data by all departments under the authority of the Ministry of Internal Affairs,

including the law-enforcement authorities.

The Georgian authorities conducted an awareness-raising programme over the last months,

including in the regions, to inform the police and the Chief Prosecutor's Office about the

scope for international cooperation at operational level. Thus, on 7 May 2015, the Director of

the Central Criminal Police Department issued instructions on existing resources and

activities to be carried out in case of need for international cooperation, which were presented

to its staff in Tbilisi and in the regional main divisions. Furthermore, the National Central

Bureau of Interpol produced an informational brochure on the existing cooperation

mechanisms through Interpol. The document was distributed to the relevant staff of the

Ministry of Internal Affairs and to the Chief Prosecutors' Office. Joint training courses for

investigators from the Ministry of Internal Affairs, the Ministry of Finance and the Chief

Prosecutors' Office were also held from 7 to 18 July 2015 to discuss possibilities offered by

the international law-enforcement cooperation framework.

Conclusion of an operational cooperation agreement with EUROPOL ensuring

an adequate level of data protection

Significant progress has been made since July 2014, when Europol initiated the process of

preparing negotiations for the conclusion of an operational cooperation agreement with

Georgia. During summer 2015, Europol finalised its assessment on the existence of an

adequate level of data protection in Georgia, which is a prerequisite for entering into

negotiations. The scrutiny of Georgia's data protection framework was done in close

cooperation with their competent authorities, which provided Europol with detailed

information in questionnaires as well as during video conferences and the data protection

study visit which took place from 2 to 5 June 2015. Experts conducted meetings with the

relevant departments of the Ministry of Internal Affairs as well as with representatives of the

Personal Data Protection Inspector’s office, the General Prosecutor’s Office and the Financial

Police of the Ministry of Finance. The data protection report was submitted to the

Management Board of Europol on 6 October 2015, which approved it for sending to the Joint

Supervisory Board. The Joint Supervisory Board has issued its opinion before the

Management Board, which gave, on 1 December 2015, the authorisation to commence

negotiations on an operational agreement. Final steps for formalising the operational

agreement will follow in the coming months.

2.3.4. Data protection

The protection of personal data benchmark, which was deemed to have been achieved in the

third progress report, has remained achieved.

2.4. Block 4: External Relations and Fundamental Rights

2.4.1. Freedom of movement within Georgia

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The freedom of movement benchmark, which was deemed to have been achieved in the third

progress report, has remained achieved.

2.4.2. Conditions and procedures for the issuance of travel and identity documents

The benchmark on the conditions and procedures for the issuance of travel and identity

documents, which was deemed to have been achieved in the third progress report, has

remained achieved.

2.4.3. Citizens’ rights including protection of minorities

Effective implementation of legislation and policies on anti-discrimination,

including by ensuring effective legal aid and the independence of the judiciary;

implementation of relevant UN and Council of Europe instruments

The anti-discrimination law assigns the function of supervising the elimination of

discrimination and ensuring equality to the Public Defender's Office (PDO).

Following a thorough assessment of the shortcomings of the law, the PDO addressed the

Parliament on 11 February 2015 with a proposal to amend three legal acts: the Organic Law

of Georgia on the Labour Code, the Civil Procedure Code and the Law on Public Service. An

amendment to the Law on Elimination of all forms of Discrimination would require private

persons to provide the Public Defender with necessary materials, documents or information

for the examination of a case.

Due consideration was given to the legislative proposals by both the Human Rights and Civil

Integration Committee and the Legal Committee. A working group set up within the Human

Rights' Committee has finalised its work and drafted the relevant amendments. It is expected,

that by the end of 2015, the Parliament of Georgia will reflect the changes into the Law on

Elimination of all forms of Discrimination.

Effective implementation of the National Human Rights Strategy and Action

Plan measures to fight against discrimination (including allocation of adequate

human and financial resources); general awareness-raising campaigns against

racism, xenophobia, and other forms of discrimination; strengthening the

capacities of responsible bodies for anti-discrimination policy and combating

racism, xenophobia and other forms of discrimination

On 2 May 2014, the Parliament of Georgia adopted the Law on Elimination of all forms of

Discrimination. The PDO plays a key role in monitoring and overseeing the efforts to

eliminate discrimination. Since November 2014, it is assisted by the Equality Department

which has been granted sufficient human resources and budget to support the PDO activities

including in the field of awareness-raising. To explain the grounds on which discrimination is

prohibited and the application procedure for getting PDO's support, a promotional video has

been broadcast on TV and social media. A set of frequently asked questions and responses on

the equality mechanism in Georgia has been uploaded on the website of the PDO and is

therefore accessible to all. Training courses were organised jointly with the Ministry of

Internal Affairs to raise awareness on equality and diversity. In particular, training courses

were delivered to the Ministry's staff on 'Elimination of all forms of Discrimination' (this

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topic was also included in the curriculum of the Academy for police officers) and 'personal

data protection'. Journalists and students also benefited from training sessions.

In addition, brochures on elimination of discrimination and activities of the Equality

Department are being prepared (EU-funded project expected to be launched in November

2015) and should be disseminated through PDO regional offices and Public Service Halls.

Those information brochures will be available in Georgian, Russian, Armenian and

Azerbaijani languages.

Finally, the Human Rights Secretariat has been conducting awareness-raising campaigns

across Georgia to inform local municipalities and NGOs on the National Human Rights

Strategy and the Governmental Action Plan. This campaign helps to educate citizens and

representatives of the State in all regions of Georgia about notions of freedom, tolerance,

equality and diversity.

Raising communities' awareness about their citizens' rights and the state services and benefits

available

The population of Georgia includes a significant proportion of ethnic minorities constituting

around 16 % of the total population of the country (based on 2002 census).

As coordinator of the state policy on ethnic minorities, the State Minister's Office for

Reconciliation and Civic Equality played a key role in drafting the new Strategy on Equality

and Civic Integration. Emphasis has been put on improving ethnic minorities' access to

decision-making, political life and public services, including by overcoming language

barriers. The strategy and action plan were considered and discussed with the Council of

National Minorities and representatives of ethnic minorities.

Together with relevant state agencies the office of the State Minister for Reconciliation and

Civic Equality organised and participated in lectures and seminars in higher education

institutions on ethnic minorities' rights and on the state policy on civic integration in general.

Since 2014, several information measures targeting ethnic minority representatives have been

conducted by:

- the Ministry of Justice on illegal migration and protective measures;

- the Central Election Commission of Georgia on election procedures. To ensure equal

electoral rights for those living in the regions populated by national minorities, trainings were

conducted targeting specifically young voters, women and people with disabilities from

minorities who could be involved in the election process. Electoral documents are translated

into Azerbaijani and Armenian.

- the State Attorney-Governor's Administration on new norms of legislation, anti-

discrimination regulations, protection of the rights of ethnic minorities;

- the Office of the State Minister for Europe and European Integration on the Georgian Euro-

Integration process and the EU-Georgia Association Agreement in particular (information

materials prepared in ethnic minorities' languages);

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- the Ministry of Health, Labour and Social Affairs on the state healthcare programmes and

social benefits. Brochures and booklets on emergency medical care, social protection, health

of mothers and children, and Hepatitis C programmes are available in ethnic minorities'

languages;

- the Georgian Ministry of Agriculture on specific programmes and innovations in the field of

agriculture (ethnic minorities addressed here in the framework of a larger information

campaign).

Education undoubtedly plays a key role in ensuring ethnic minorities' sustainable integration

in wider Georgian society. The 'higher education mitigation system' (or quotas for national

minority students) introduced in 2010 has proved successful as the number of non-Georgian

students has significantly increased. The National Assessment and Examination Centre

conducted information programmes on the higher education entrance examinations for ethnic

minorities' representatives. The preparatory materials were translated and published in

Armenian, Azerbaijani and Russian languages.

Further effort has been put into assisting the Roma population with regard to citizenship. The

Ministry of Justice ensures legal support for undertaking the necessary steps to provide

appropriate status.

Finally, the Ministry of Culture and Monument Protection implements a dedicated

programme to promote and popularise identities and cultures of ethnic minority groups.

'Supporting National Minorities' culture' funds a variety of activities (exhibition, concerts,

festivals) and also museums, theatres and publications.

New strategy to promote tolerance and civic integration

In 2014, the Office of the State Minister for Reconciliation and Civic Integration has triggered

a review of the National Concept for Tolerance and Civic Integration (NCAP) and its Action

Plan for 2009-2014. The objective was to assess the implementation of the Action Plan and

the impact of civic integration programmes conducted so far. The performance assessment

released in June 2014 concluded on the need to adapt the strategy, also to take into account

the EU-Georgia Association Agreement.

The new strategy was prepared in a cooperative and consultative manner with the relevant

stakeholders: the Council of National Minorities, representatives of local and civil society as

well as international organisations, the Human Rights and Civic Integration Committee of the

Georgian Parliament, political parties and experts. The representatives of ethnic minorities as

well as the OSCE High Commissioner on National Minorities were also consulted.

The Georgian Government adopted the Civic Equality and Integration Strategy together with

an Action Plan for 2015-2020 on 17 August 2015. The strategy will be translated into English

and Russian.

The State Inter-Agency Commission is in charge of monitoring the implementation of the

strategy and action plan, including the results to be achieved by 2020. The composition of the

Commission is being reviewed in order to cover all relevant institutions, including the

Council of National Minorities operating under the PDO. The action plan includes

benchmarks and specific indicators for each area. Each state agency involved in the

kom (2015) 0684 - Ingen titel

implementation will draw up a detailed annual action plan within its area of competence.

Overall assessment of the implementation of this revised strategy is envisaged at an

intermediate stage (2017) and by its due completion in 2020.

Financial support for the activities planned in the action plan is to be provided by the state

agencies within their profile and competence.

Training of legal professionals

To conduct capacity-building programmes, the Public Defender's Office and relevant

ministries have been working closely with the European Union, the Council of Europe, the

United Nations Development Programme but also with the Open Society Foundation and

some local NGOs. Representatives of the PDO have attended workshops and seminars

organised in the framework of the European Network of Equality Bodies (EQUINET).

Legal professionals have benefited directly from these growing exchanges with civil society

and international organisations. The Prosecutor's Office organised a couple of training

sessions for the prosecutors on the obligations of the State with regards to the prohibition of

discrimination and the definition of hate crimes. The High School of Justice has started

preparing a curriculum on discrimination-related issues with an emphasis on the new anti-

discrimination law of Georgia and relevant international legal instruments. It has already

conducted two training sessions on gender equality for judges.

Within the framework of an EU-funded project, the Ministry of Internal Affairs has since May

2015 organised 11 training sessions across the country for investigators on adequate Human

Rights Protection in Temporary Detention Isolators. In total more than 220 representatives of

the MIA and the Prosecutor's Office have been trained on the subject of elimination of

discrimination.

kom (2015) 0684 - Ingen titel

ANNEX

ASSESSMENT OF MIGRATORY AND SECURITY IMPACTS

1. INTRODUCTION

1.1. Background

In line with the Visa Liberalisation Action Plan (VLAP) methodology, before moving to the

second phase, the Commission undertook to provide an assessment of the potential migratory

and security impacts of future visa liberalisation for Georgian citizens travelling to the

Schengen area.

An extensive assessment was accordingly presented in the Commission staff

working document (CSWD)

accompanying the second progress report on Georgia's

implementation of the VLAP.

After Georgia had started the second phase of its Visa Liberalisation Action Plan, the

Commission, in the CSWD accompanying the third progress report on Georgia's

implementation of the VLAP,

provided an update on the potential impact of Georgian

nationals travelling to the Schengen area without a visa.

1.2. Methodology

This document updates the latest assessment of impacts that was published in May 2015. This

assessment has been based on the updates provided in October 2015 by EU Agencies and the

EU Monitoring Mission (EUMM) in Georgia. The present document also draws on a

combination of official Georgian and international organisation sources, and Eurostat data.

Based on the contributions received, the present update aims to identify new phenomena and

emerging trends in the areas of migration, mobility and security in relation to Georgia and the

possible impact of a visa-free regime for the EU and the Schengen area. This update to the

assessment reflects the state of play as of October 2015 and therefore represents a snapshot of

the situation.

This assessment does not constitute a benchmark of the VLAP. Nevertheless, this document

also lists some measures and targeted actions developed by Georgian authorities, notably

throughout the process of implementing the VLAP, addressing issues that are likely to arise in

the migration and security areas as identified by the assessment of impacts. In conclusion,

some possible mitigation measures that may be undertaken by EU Member States are set out.

The visa waiver would apply to the Schengen area including: EU Schengen States, EU Member States who not

yet fully apply the Schengen acquis, Non-EU Schengen States.

COM(2014) 681 final.

SWD(2014) 334 final.

SWD(2015) 103 final.

kom (2015) 0684 - Ingen titel

2. ASSESSMENT OF MIGRATORY IMPACTS

2.1. Regular and irregular migration: trends and potential impacts of visa-free travel

2.1.1. General overview

The migration of Georgians abroad is mostly a spontaneous circular movement to

neighbouring countries. Georgian migrants worldwide are estimated at approximately 770

000,

including 630 000 in Russia and a total of 66 042 Georgians citizens holding valid

permits in the EU in 2013.

According to Eurostat data, 35 % of Georgian migrants holding a

valid residence permit in the EU in 2014 are male, 65 % are female. Men work mainly in

manual labour industries (construction, agriculture) and women tend to be domestic or

seasonal agricultural workers.

High currency devaluation, inflation, high unemployment rate and lack of economic

opportunities are major determinants of labour migration from Georgia. However there is a

positive investment climate, average monthly nominal salary of employees has been steadily

rising for the last 20 years and unemployment in the country has fallen from 15% in 2012 and

14.6% in 2013 to 12.4 % in 2014.

With 18% of its population aged under 15 in 2013,

Georgia will still have to provide inclusive economic opportunities in the near future to avoid

large emigration flows. Economic and social development on both national and local levels

remains one of the major priorities of the Georgian Government (i.e. business incentives,

employment promotion, poverty reduction, health and social protection, education, protection

of rights, integration programmes).

Better working conditions is the main reason why Georgian nationals go to the EU, even if the

Russian Federation remains a popular destination for labour migration. Economic

opportunities and links with the EU result in migratory movements between Georgia and

Member States. The statistics show that Greece, Italy and Germany are attractive destinations

for Georgian citizen migration, but they also consider several other Member States such as

Spain, France, Belgium, Austria, Poland, Sweden and the UK as attractive destinations for

labour migration. Therefore Georgians are widespread across European countries but form

compact communities only in a few countries of the EU. Other common destinations outside

the EU include the United States and Turkey.

The presence of an established diaspora can also be a major pull factor even if compared to

other regions of the world. The Georgian diaspora in Europe is small and concentrated in

Greece, Germany, Italy and Spain.

As these relatively low overall figures reveal, Georgia is not among the main origin countries

of migrants in the EU and migration to the EU is not quantitatively impressive.

2.1.2 Regular migration facts

European University Institute / Migration policy centre – Migration profile Georgia 2013.

Eurostat data.

National Statistics Office of Georgia (Geostat), employment and unemployment

(http://geostat.ge/index.php?action=page&p_id=146&lang=eng)

International Organisation for Migration - Mission to Georgia:

http://iom.ge.

figures,

kom (2015) 0684 - Ingen titel

The first table below from Eurostat, based on the stock of valid residence permits in 2013 and

available figures for 2014, shows that the largest communities of Georgian citizens in the EU

and Schengen area are hosted in Greece (16 392 Georgians holding a valid residence permit in

2013), Italy (14 130 in 2014), Germany (11 223 in 2014), Spain (9 318 in 2014) and France (5

564 in 2014). Compared to the stock of valid residence permits registered for other countries

of origin (e.g. around 850 000 valid residence permits for Ukrainians in 2013), the total

number of 66 042 valid permits held by Georgians in the EU in 2013 can be considered

relatively small.

However, the data also show an increase in the number of permits each year from 2011 for the

total EU countries, with roughly 5 000 more permits between 2012 and 2013, which

corresponds to a growing preference for the EU.

Table 1: All valid residence permits by reason, length of validity and citizenship

(Georgians), 2011-2014

EU Member States and Schengen area

European Union (28 countries)

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

Iceland

2011

57 565

2 021

836

136

10 143

244

367

16 523

7 516

3 945

9 467

1 248

243

247

733

1 073

585

1 042

542

2012

60 188

1 944

724

135

10 567

252

364

15 532

8 275

4 468

11 042

251

308

226

680

1 352

924

951

605

1 109

2013

66 042

1 813

773

141

10 741

275

312

16 392

8 907

5,027

13 051

954

289

325

170

483

1 560

1 320

902

1 221

1 020

2014

1 720

133

839

137

11 223

338

327

9 318

5 564

14 130

773

282

430

1 441

847

578

1 014

kom (2015) 0684 - Ingen titel

Liechtenstein

Norway

Switzerland

397

410

414

Source: Eurostat data. Last updated 09.10.15, extracted on 09.10.2015

When compared with the neighbouring countries in the South-Caucasus, better working

conditions (higher wages) and diaspora presence are probably two of the main reasons for

preferring EU Member States.

When it comes to regular migration to the EU and Schengen area, as the data in Table 2

suggest, the number of Georgian citizens getting valid permits varies from 11 596 (maximum

registered in 2010) to 9 850 residence permits issued in 2013, and 9 457 in 2014 (waiting for

final data from Austria). Therefore the data available for 2014 generally confirm the same

trend of the past years, with a significant increase in France and considerable variations

between Member States in 2013 and 2014.

The residence permits were mostly issued in France (869 in 2013, 1 653 in 2014), Italy (2 573

in 2013, 1 402 in 2014), Germany (1 284 in 2013, 1 312 in 2014), Poland (1 211 in 2013, 1

342 in 2014) and Greece (809 in 2013, 1 096 in 2014), followed by Spain (901 in 2013, 802

in 2014) and UK (565 in 2013, 521 in 2014).

Sudden increases in (2009/2010 and 2013) are presumably due to political developments

(2008/2012 military conflict and 2012 political power shift).

Table 2: First residence permits by reason, length of validity and citizenship (Georgia),

2009-2014

EU Member States and Schengen area

European Union (28 countries)

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

2009

9 514

395

167

806

697

922

602

3 590

243

156

2010

11 599

339

176

799

757

875

575

5 898

187

112

2011

7 617

217

806

569

1 240

600

1 483

184

2012

8 508

148

130

1 243

676

992

718

1 952

133

122

2013

9 850

161

1 284

809

901

869

2 573

137

100

109

142

2014

9 457

113

147

1 312

103

1 096

802

1 653

1 402

159

100

112

kom (2015) 0684 - Ingen titel

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

Iceland

Liechtenstein

Norway

Switzerland

352

147

111

150

688

384

241

107

156

595

552

537

163

570

500

640

172

573

341

1 211

143

565

1 342

130

521

Source: Eurostat data. Last updated 08.10.15, extracted on 09.10.2015

It is also interesting to note the trend in the issuing and refusal rates for the different types of

visas.

According to the DG HOME data based on Member State contributions, in terms of absolute

numbers, 82 159 short-stay visas were applied for by Georgian nationals during 2013 and 93

126 in 2014. That represents a 13% increase which in turn signals a greater interest among

Georgians on travelling to the EU. The demand for multiple entry visas is also high, with

around 26 000 issued each year.

In 2014, Germany was the main issuer of EU/Schengen visas to Georgian nationals, followed

by the Netherlands and Italy. These data roughly correlate with the known Georgian

communities in the EU.

The average refusal rate for short-stay visa applications lodged by Georgian citizens increased

slightly from 11.5 % in 2013 to 12.7 % in 2014, and continues to be relatively high compared

to the world average (5.1 %). The multiple entry visa (MEV) issuing rate was 28.2 % in 2014,

having dropped slightly from 2013 (31.6 %). However, this is due to a correction of the Italy'

MEV issuing policy, under which MEVs are no longer issued for short periods.

The refusal rates between different issuing countries vary greatly, from 4.5 % in Poland in

2014 to 20.7 % in the Netherlands, indicating differing perceptions of the level of risk

associated with irregular migration. These high visa refusal rates can be explained by the fact

that Georgian nationals frequently falsely declare business, training events or visiting

acquaintances as the purpose of their intended travel, as well as by the high number of

falsified supporting documents, such as false bank statements or proof of employment that are

often provided to the applicants by assisting agencies. Apparently the main risk is that these

visas would be used for travelling to other Member States and/or for reasons other than those

stated in the application (e.g. unauthorised work). Differing perceptions of irregular migration

risk are likely to remain even after visa liberalisation and will be driven by similar

considerations (risk of overstay or abuse of visa-free travel to engage in illegal work).

kom (2015) 0684 - Ingen titel

Table 3: Applications for short-stay and multiple entry Schengen visas in Georgia, 2013-

2014 (countries with consular presence in Georgia)

C visas

MEVs

C visa C visas

C visas MEVs

C visas

C visas MEVs

applied

issuing

refusal applied

issued issued

not issued

issued issued

for

rate

for

2013

2014

2013

2014

8,760

2,461

7,963

17,625

6,144

13,464

2,832

5,305

10,293

3,153

4,159

82,159

7,791

2,039

7,070

15,592

5,294

12,185

2,589

4,172

9,032

2,922

4,016

72,702

587

705

1,611

2,918

511

11,673

943

1,748

3,450

979

877

26,002

7.5%

34.6%

22.8%

18.7%

9.7%

95.8%

36.4%

41.9%

38.2%

33.5%

21.8%

31.6%

968

421

891

Schengen

State

Czech

Republic

Estonia

France

Germany

Greece

Italy

Latvia

Lithuania

Netherlands

Poland

Switzerland

Total

MEVs C visas C visa

issuing

not

refusal

rate

issued

rate

2014

9.0%

38.3%

27.4%

19.9%

6.9%

72.5%

24.9%

39.5%

40.3%

37.5%

20.6%

28.2%

1,123

104

942

943

1,376

2,018

255

941

3,708

175

217

11,802

14.3%

6.3%

12.3%

5.6%

13.7%

13.5%

6.2%

19.8%

20.7%

4.5%

6.0%

12.7%

C visas C visas

applied issued

for -

change change

13-14

-10.6%

-32.9%

-3.8%

-5.0%

63.5%

10.7%

45.7%

-10.6%

73.8%

23.4%

-12.4%

13.3%

-13.9%

-24.7%

-5.1%

1.3%

63.8%

5.8%

49.5%

-10.7%

54.2%

27.1%

-14.7%

11.4%

11.1%

17.1%

11.2%

11.5%

13.8%

9.4%

8.6%

22.5%

12.2%

7.3%

3.4%

11.5%

2,024

850

1,271

243

1,192

1,254

231

140

9,485

7,832

1,651

7,661

16,739

10,048

14,906

4,127

4,741

17,888

3,890

3,643

93,126

6,709

1,535

6,710

15,795

8,672

12,886

3,871

3,726

13,924

3,715

3,424

80,967

605

588

1,836

3,143

600

9,338

962

1,471

5,615

1,393

704

26,255

Source: European Commission, Directorate-General for Migration and Home Affairs.

October 2015

It is not possible to measure the extent to which the visa requirements have deterred

Georgians from travelling to the EU. However, it is reasonable to assume that when visa

requirements for Georgians are abolished, they will be more likely to leave their home

country to travel to the EU. However, the availability of financial means will also be a key

factor shaping their decision to travel.

Increased circularity of the migratory flows from Georgia to the EU and Schengen area is

expected to occur as a result of abolition of the visa requirement, which in turn would

strengthen people-to-people contacts.

2.1.3. Irregular migration trends

Entry point

Georgians tend to use relatively few major land entry points to the EU, mainly Poland and

Latvia, and to a much lesser extent Greece and Lithuania, while there is much more variation

regarding their preferred destination countries. Georgian would-be migrants use primarily

land routes probably because they are not able to board aircraft without a visa on the way to

the EU.

A total of 8 210 Georgian citizens were refused entry in 2013 as shown in the table below

(Eurostat data). The corresponding figure of 3 205 in 2014 resulted mainly from a significant

drop in refusals of entry issued to Georgians by Poland.

Table 4: Georgian citizens refused entry at the EU's external borders 2012-2014

EU Member States and Schengen area

European Union (28 countries)

2012

8 980

2013

8 210

2014

3 205

kom (2015) 0684 - Ingen titel

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

Iceland

Liechtenstein

Norway

Switzerland

215

115

8 245

160

320

110

7 250

210

960

145

1 345

230

Source: Eurostat data. Last updated 20.08.15, extracted on 12.10.2015.

Belarus has no visa requirement for Georgian citizens and regular and direct flights exist

between the two countries, making Belarus the main transit country for irregular migration to

the EU. Therefore Poland is the main entry point to the EU and it issues the majority of

refusals to Georgian nationals (7 250 refusals in 2013, with a steep fall in 2014 to 1 345

cases), followed by Latvia (960 cases in 2014, a big increase from 2013).

After being refused entry at the EU's eastern borders with Belarus because they do not have a

visa, some migrants apply for asylum while others try to cross the border illegally. The

number of irregular border-crossings detected is still relatively low (328 cases in 2013, 267 in

2014 – Frontex - European Agency for the Management of Operational Cooperation at the

External Borders of the European Union - data) in comparison with the refusals. When such

attempts or secondary movements inside the area of free movement are detected, Georgian

kom (2015) 0684 - Ingen titel

nationals tend to apply for asylum with the intention of absconding from the asylum centre in

order to continue to their preferred destination countries.

Frontex also notes that in Greece, which used to be the other main entry point and final

destination country, the number of detections has dropped sharply in recent years. Reasons for

this shift may include the difficult situation in the Greek labour market, making Greece a less

attractive destination country.

Detection of irregular migrants

Eurostat's database table below shows a sizeable increase in irregular migrants found to be

illegally present in the EU Member States from 2013 to 2014, with respectively 4 930 and 6

290 Georgians citizens having been detected. Germany accounted for the highest number (1

580 cases), followed by France (905), Greece (820), Sweden (795), Italy (420) and Austria

(390), showing the irregular migrants' preferred route and final destination.

The most noticeable increase compared with 2013 was recorded in France, Sweden and

Germany, which is probably an indicator of new preferred destination countries for future

years.

Detection of illegal stay can pertain both to persons who have entered the country irregularly

and have been detected staying illegally and to persons who entered legally but overstayed the

duration of their regular visa or residence permit (i.e. persons who entered the territory legally

but remained after their visa expired or, in the case of Georgian citizens who cannot have their

first or subsequent residence permit renewed because they have lose their job and might be

requested to leave the EU country they are residing in). Since, to a large extent, the number of

illegal stayers reflects the number of overstayers, it is logical that the countries hosting the

largest number of Georgian citizens with visas/temporary residence permits are also the ones

showing the highest level of detections of illegal stayers.

However, according to Frontex,

an increase in the number of illegal stayers detected while

the numbers of entry refusals and detection of illegal border-crossings are decreasing may

point to some abuse of legal entry channels as well.

Table 5: Third-country nationals found to be illegally present (annual data for

Georgians), 2008-2014

EU Member States and Schengen

area

European Union (28 countries)

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

2008

5 005

140

460

145

2009

7 180

110

165

605

250

2010

5 325

125

710

120

2011

4 285

585

2012

5 335

125

1 085

2013

4 930

115

1 380

2014

6 290

180

1 580

Eastern Borders Annual Risk Analysis 2015.

kom (2015) 0684 - Ingen titel

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

Iceland

Liechtenstein

Norway

Switzerland

1 915

635

265

280

490

230

125

2 395

595

410

245

275

140

895

255

130

345

135

1 340

440

400

370

280

450

270

105

850

355

285

335

325

130

160

345

240

205

795

290

390

445

295

265

410

210

505

110

200

590

245

400

395

160

220

340

215

405

245

820

390

905

420

175

390

210

795

220

Source: Eurostat data. Last updated 20.08.15, extracted on 09.10.2015.

These data also show that political factors and effects of internal displacement cannot be

totally excluded, as for example the peaks in detection of irregular flows in 2009 and 2012.

2.1.4. Visa-free regime potential impacts

Increased circularity of migratory flows from Georgia to the EU and vice versa is expected to

occur as a result of simplified travel arrangements but visa liberalisation would not lead to

massive migration. It is more likely to foster regular temporary and circular migration and

strengthen people-to-people contacts. If a visa-free regime with the EU/Schengen area is

implemented, the flows of Georgian migrants are likely to become more self-regulated and

more regularised. Regarding labour migration when there is no demand for specific jobs,

Georgian nationals will either refrain from entering the EU countries or leave the EU area

with no fear of not being able to return in the event that better economic opportunities arise.

Furthermore, the relatively small population of Georgians (less than 5 million) would tend to

keep the flows relatively small. Additionally, there is no direct land-border with Georgia and

direct flights between Georgia and the EU are not numerous.

Regarding irregular migration trends, Georgians combine the abuse of legal entry and to a

lesser extent irregular border-crossing as methods of entry to the EU. The detection of

Georgians who overstay the legal limits of their travel visa is increasing. Presumably, after

kom (2015) 0684 - Ingen titel

visa liberalisation, the most likely

modus operandi

will continue to be linked to the abuse of

legal entry; however, the visa-free regime arrangements could also mitigate this trend.

It is also important to note that under the VLAP Georgia has since 2013 modernised its

migration management policy and introduced a number of systematic reforms to control

immigration and emigration. Georgian authorities have also developed targeted awareness-

raising campaigns on visa liberalisation, with a focus on repercussions of violating the terms

of legal stay, including resulting entry ban, as well as pointing out economic opportunities in

Georgia with the aim of minimising the number of Georgians overstaying in EU Member

States. The draft of Georgia's 2016-2020 Migration Strategy also pays special attention to the

issue of raising public awareness on migration-related issues. It is also worth mentioning that

the four mobility centers operating under the Ministry of Refugees and Accommodation of

Georgia (in cooperation with IOM) are providing advice to potential emigrants.

The visa-free regimes with Turkey and Israel for Georgian nationals show that organised

movement of Georgian migrants within the legal framework of stay is in general properly

observed under the provisions laid down.

2.2. Asylum: trends and potential impacts of a visa-free travel

During the past five years, Georgia has consistently been among the top 15 main countries of

origin of asylum applicants in the EU and Schengen area and applications from Georgian

citizens are spread widely throughout Europe. However, there has been a decrease in

applications since 2013 and in 2014 Georgia was ranked 21

in terms of country of origin of

applicants registered in the EU and Schengen area.

Table 6 below shows that Georgian asylum applicants for EU 28 countries totalled 9 090

applicants in 2013 (9 815 with Schengen area) and 8 560 in 2014 (9 070 with Schengen area).

Georgian applicants have been primarily concentrated in a small number of countries, which

tend to be the most popular destination countries of Georgian labour migrants (except for

Italy).

Since 2008, Poland, France, Germany and Greece can be considered the main receiving

countries for Georgian applicants; however, destinations vary significantly from year to year.

Greece ranked first in 2008 and has since then received fewer applicants from Georgia, while

Poland ranked first in 2009 and 2012. In terms of main receiving countries, the importance of

France and Germany has grown since 2008 and they became the main EU countries receiving

Georgian applications in 2013. The ranking changed in 2014, with Germany taking over as

the top destination country for Georgian applicants (3 180) followed by France (1 610),

Sweden (constant increase from 2008 with 805 applicants in 2014) and Poland (in spite of a

steep drop from 2012, with 720 applicants in 2014).

Although a number of factors can influence the choice of destination country, the presence of

an established Georgian diaspora and previous work or study experience in the destination

country are significant pull factors. Therefore the existence of Georgian residents seems to

explain the geographical distribution of Georgian applicants for asylum, except in the case of

Italy, which has not registered high numbers of applications for asylum.

kom (2015) 0684 - Ingen titel

Certain characteristics of the asylum system within a given EU or Schengen associated State

may also act as pull factors for persons who are not in need of international protection, but

who want instead to take advantage of access to the EU/Schengen area and other benefits

linked to the asylum procedure.

It should be noted that the highest numbers of asylum applications recorded coincide with

times of conflict in the country. This also leads to forced movement of people within

Georgia

and produced an increased flow of citizens fleeing the conflict and moving or

wishing to move to EU countries. The highest peaks in asylum applicants from Georgia have

been registered during times of crisis, e.g. in 2003, in 2008-2009 with 11 185 applicants and

in 2012 with 10 830 applicants. The figures show a decreasing trend since 2013 owning to the

current stable political situation in Georgia.

Table 6: Asylum applicants by citizenship (Georgia), 2008-2014

EU Member States and Schengen

area

European Union (28 countries)

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

2008

5 015

275

285

180

2 240

460

120

160

510

120

2009

10 500

385

640

2 170

540

115

425

975

4 180

100

2010

6 865

365

750

1 160

1 435

250

610

370

1 085

2011

7 060

400

525

1 120

1 740

175

230

235

260

1 735

2012

10 830

505

1 430

895

2 680

105

310

250

300

3 235

2013

9 090

370

2 485

535

2 695

105

145

120

215

255

1 240

2014

8 560

430

105

3 180

350

1 610

175

115

335

415

720

According to Ministry of Internally Displaced Persons in Georgia, about 266 835 Internally Displaced

Persons from breakaway regions are registered in Georgia, see also UNHCR data -

http://www.unhcr.org/pages/49e48d2e6.html

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Finland

Sweden

United Kingdom

Iceland

Liechtenstein

Norway

Switzerland

Total

225

480

5 520

370

100

640

11 185

290

640

7 595

280

400

7 515

750

110

725

11 675

620

655

9 815

805

465

9 070

Source: Eurostat data. Last updated 09.09.15, extracted on 12.10.2015.

Data show an overall recognition rate of 5.5 % as indicated by Eurostat in 2014. Such a low

recognition rate indicates that a majority of the Georgian applicants do not have clear grounds

for protection but there is also a variation in the recognition rate between EU countries due to

differing perceptions of the Georgian applicants' need for protection. 335 first instance

positive decisions in the EU were made in respect of the 6 135 applications in 2014 (October

2015 data). The bulk of positive decisions were issued in France, involving 195 cases, which

represent 56 % of the positive decisions in the EU/Schengen area as a whole.

Table 7: First instance decisions on applications by citizenship (Georgia), 2012-2014

with positive decision in 2014, per country

Positive

decision

in 2014

335

195

EU Member States and Schengen area

European Union (28 countries)

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Croatia

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

2012

6 850

540

585

1 120

2 585

230

245

285

490

2013

6 350

230

1 380

855

2 335

110

150

215

435

2014

6 135

285

1 035

1 090

2 610

285

170

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Slovenia

Slovakia

Finland

Sweden

United Kingdom

Iceland

Liechtenstein

Norway

Switzerland

Total

530

450

7 380

385

475

6 890

360

275

6 445

345

Source: Eurostat data. Last updated 18.09.2015, extracted on 12.10.2015.

2.2.1. Visa-free regime potential impacts

There is a probability that the number of asylum applications from Georgian citizens will

continue to decrease as a result of visa liberalisation, since the use of the asylum procedure

might be considered less necessary for staying in EU Member States or Schengen Associated

States.

Conversely, in the context of current flows one of the effects of a visa-free regime could be an

increase in the number of asylum applicants as a result of the opening of legal travel channels

giving easier access to the asylum procedure.

In that context, there could also be a rise in the number of Georgian asylum applicants if

Georgian overstayers apply for international protection as a means to legalise their stay.

As already mentioned, Frontex also notes that in the case of detection of Georgian nationals

engaged in irregular border crossing, they tend to apply for asylum with the intention of

absconding from the asylum centre in order to continue to their principal destination

countries.

As regards possible abuse of the Schengen Member States' asylum systems of by Georgian

citizens, in spite of an already low recognition rate, putting Georgia on the Member States'

lists of safe country of origin might be a further means of preventing abuse. Georgia is also

effectively implementing the readmission agreement in place with the EU.

However, other concerns over asylum applications relate to the presence of long-term

internally displaced persons (IDPs) in Georgia: for them, emigration to the EU may be an

option in the future if not enough state targeted social assistance is provided (in terms of

social protection of families and children, legal assistance, education and employment

proposals, pension funds warranty, etc.). In order to guarantee protection of the rights of the

IDPs, as well as their reintegration and to provide a durable solution, the Government of

Georgia adopted in 2007 the Strategy on IDPs managed by the Ministry of Internally

Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia.

Durable housing and social and employment assistance for IDPs are part of the long-term

strategy.

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Data show that a new political crisis or armed conflict could cause an immediate rise in

asylum applications throughout the EU and Schengen area. However, according to the

EUMM in Georgia, the likelihood of another violent armed conflict between Georgia and

Russia is low and therefore there is no reason to expect a rapid increase of refugees/asylum

seekers from Georgia in the foreseeable future.

3. ASSESSMENT OF SECURITY IMPACTS

3.1. Organised crime: trends and potential impacts of a visa-free travel

According to the Transcrime study edited by DG HOME,

Georgian organised crime groups

(OCGs) are already present and active in several EU Member States. Georgian OCGs appear

to be widespread in Europe in terms of investments in the legitimate economy with an

established presence.

Georgian OCGs including "thieves-in-law" invest mainly in construction, transportation and

logistics, real estate, wholesale and retail trade, hotels, bars and restaurants. Their activities in

the legal economy are often related to schemes to launder the proceeds of their criminal

activities.

Georgian OCGs active in the EU engage in organised property crime, waste management,

payment card fraud, money laundering, forgery of documents, facilitation of irregular

migration, extortion/racketeering and drug trafficking, but they are also active in the

following criminal activities: theft, assault, pick-pocketing, trafficking in human beings,

cigarette smuggling, euro counterfeiting, murder, and corruption in general.

Georgian OCGs also control a large proportion of the criminal markets in the countries of the

former Soviet Union. Use of the Russian language and a common background make it easier

for them to cooperate with other groups from the region.

With visa liberalisation, the market for OCGs facilitating the irregular migration of Georgian

nationals to the EU will probably decrease, compelling OCGs to seek new opportunities.

Nevertheless, as a result of enhanced mobility, OCGs will most likely seek to exploit freedom

of movement for facilitating irregular migration for ethnic minorities or other neighbouring

nationalities not eligible to benefit from a visa-free regime with the EU,

for example with

counterfeit Georgian biometric passports (in spite of Georgia's cooperation with Interpol

There is however a minimal risk that third-country nationals will use Georgia as a transit

country to reach the Schengen area and apply for asylum due to the fact that Georgia has

established effective mechanisms not only for detection and management of irregular

migrants but also for reception and protection of asylum seekers on its territory. In 2015

asylum seekers came mainly from Iraq and Ukraine (roughly 900 applicants in total).

Transcrime study: "From illegal markets to legitimate businesses: The portfolio of organised crime in Europe"

(published in March 2015).

Residents of Abkhazia and South Ossetia who apply for and received Georgian travel documents according to

the legislation in force in Georgia will benefit from a future visa-free regime.

The National Central Bureau of Interpol in Georgia actively cooperates with the Interpol General Secretariat

and EU Member States' national bureaux of Interpol.

Statistics provided by Ministry of Internally Displaced Persons from the Occupied Territories,

Accommodation and Refugees of Georgia in September 2015.

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Furthermore, Georgian OCGs might be able to abuse the asylum systems of the EU Member

States and Schengen area and the legitimacy of long-term stay for Georgian citizens (i.e. use

of false entry/exit stamps).

Visa liberalisation might also open up new opportunities for OCGs as they will be able to

carry out their activities and investments with flexibility and adaptability. A visa-free regime

might therefore facilitate the smuggling of various commodities or illicit goods (i.e. precious

metals and stones) on the Southern Caucasus route.

Georgian authorities are facing up to the risks posed by OCGs and "thieves-in-law" of

Georgian origin by establishing the necessary legislative framework and institutional

mechanisms notably introduced under the VLAP; for example by sharing operative

information and intelligence through international police cooperation

or by developing anti

money laundering (AML) mechanisms compliant with international standards. Georgia has

also criminalised the status of "thief-in-law", meaning inter alia that known Georgian

"thieves-in-law" are not eligible to receive Georgian biometric passports.

3.2. Trafficking in human beings: trends and potential impacts of visa-free travel

Georgia is a source, transit and destination country for the trafficking in human beings. The

threat to the EU remains low as Georgia is listed neither among the major non-EU countries

of origin for victims nor for suspected traffickers identified in the UE.

3.3. Arms and Drug trafficking: trends and potential impacts of a visa-free travel

There is no evidence to suggest that Georgian OCGs are involved in arms trafficking within

the EU. To be noted that certain sources indicate that OCGs in the ex-USSR region could be

involved in arms trafficking.

Regarding drug trafficking, the South Caucasus route is used for the trafficking of heroin from

Iran and Afghanistan, as an alternative transit hub to the EU. After crossing the Black Sea, the

heroin is further trafficked to Western European countries. Ferry connections may therefore

offer smuggling opportunities for traffickers and may require increased attention, especially if

in the future Ukraine's citizens also become eligible for travelling visa-free to the Schengen

area.

A visa-free regime could provide Georgian OCGs with new channels and modalities of

trafficking, exploiting the Black Sea route. The growing number of passengers travelling from

Georgia to the EU could also be used as couriers.

It is however important to note that in connection with the drug benchmark of the VLAP,

Georgian authorities have developed in particular infrastructure and control capacities, human

resources training and a risk management system for establishing risk profiles to identify

possible perpetrators, their transport means and suspicious transactions in advance.

So far Georgia has concluded bilateral agreement with 25 countries on cooperation in the field of combating

crime and police cooperation, and 16 international agreements on the exchange and mutual protection of

classified information. Georgia's Ministry of Internal Affairs actively cooperates with police attachés of the EU

Member States represented in Georgia or covering Georgia from other countries.

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Information about cargo is added to the system at the border crossing points. The risk

management system automatically processes information and if risk is detected, a customs

officer receives an electronic message about the need for more detailed inspection of the

cargo and the officer carries out checks as defined by the risk profile.

4. MAIN CONCLUSIONS SUMMARY IN CASE OF VISA-FREE REGIME

The updated data and information available point to the most likely developments in the

migration and security areas, with the EU remaining an attractive destination for migrants

from Georgia and potential migratory and security challenges therefore need to be monitored.

4.1. Key potential impacts on migration trends

(a)

About 66 000 Georgian nationals were legally residing in various Member States in

2013. Latest trends show a growing interest in migrating to the EU. Visa liberalisation

for Georgia will reduce the barriers associated with travelling to the Schengen area,

fostering existing regular temporary and circular migration and strengthening people-

to-people contacts. However, the relatively small population of Georgia would be

likely to keep the flows at a low level. Georgia is not among the main origin countries

of migrants in the EU.

Given the economic and social prospects in Georgia, the EU is an attractive option for

labour migrants from Georgia. Additionally, the demand for residence permits will

most likely increase. Georgia will have to provide inclusive economic opportunities in

the near future to avoid emigration flows. Economic development on both national and

local levels must remain one of the major priorities of the Georgian Government.

There is a continuing shift in

modus operandi

of Georgian irregular migrants as

methods of entering the Schengen area move from illegal border-crossing and asylum

applications to abuse of legal entry, as shown by an increase in detection of

overstaying irregular migrants. Presumably, in the event of visa liberalisation, the

most likely

modus operandi

will continue to be linked to the abuse of legal entry; the

visa-free regime arrangements could however also mitigate this trend.

There is a probability that the number of asylum applications from Georgia will

decrease as a result of visa liberalisation, since the asylum channel will not be

considered as one of the best ways to enter in the EU Member States. On the other

hand, in spite of an average low recognition rate and current trend of decreasing

asylum applications, one of the effects of a visa-free regime could be an increase in

the number of asylum applicants as a result of the opening of legal travel channels

giving easier access to the asylum procedure. There is also a chance that asylum

procedure could be used as a method to legalise overstay in an attempt to avoid return

procedures.

In the wake of armed conflicts or major political developments, as seen in the past, the

Schengen area will remain an attractive option for asylum seekers and a rapid increase

in asylum applications and emigration cannot be ruled out in the event of new armed

conflict and subsequent potential increase of internally displaced persons fleeing such

conflict.

(b)

(c)

(d)

(e)

Possible mitigation measures to be undertaken by the EU Member States

The EU Member States could take the following measures to foster development of legal

migration channels between Georgia and the EU:

kom (2015) 0684 - Ingen titel

•

Work more actively on establishing circular/temporary/seasonal migration schemes

with the Georgian Government to facilitate legal migration of eligible Georgian

nationals to the EU;

Work on establishing legal channels through which migrants from Georgia who are in

an irregular situation can regularise their status, provided they qualify and meet the

needs of EU Member States' labour markets;

Provide opportunities for university graduates from Georgia who have graduated in

EU Member States to extend their stay for work purposes;

Cooperate with the Georgian Government on better protecting the rights of Georgian

labour migrants in the EU Member States in general, and establishing a social benefit

transfer system in particular;

Revise the approach and procedures for processing asylum applications, especially in

those EU Member States where asylum claims are particularly high, to mitigate the

abuse of asylum benefits. Continue to implement effectively the readmission

agreement in place with the EU at the level of each Member State.

4.2. Key potential impacts on security trends

(a)

Visa liberalisation with Georgia would not lead to any notable increase of security

risks for the EU Member States compared to the existing situation, and measures are

in place to mitigate potential impacts as well as to address them subsequently.

It is unlikely that visa liberalisation with Georgia will bring about a major change in

the activities of Georgian organised crime groups (OCGs). These groups have already

found ways to overcome travel restrictions and are already active in several EU

Member States.

Nevertheless, visa liberalisation might facilitate to some degree the criminal activities

carried out by Georgian OCGs regarding the trafficking of goods and drugs from

Georgia to EU Member States, through possibly taking advantage of people travelling

from Georgia to the EU.

The market for OCGs facilitating the irregular migration of Georgian nationals to the

EU will probably shrink, compelling OCGs to seek new opportunities, for example by

attempting to provide ethnic minorities or other nationalities with stolen or counterfeit

Georgian passports, or to consider services linked to the legalisation of long-term stay

in the EU for Georgian citizens.

(b)

(c)

(d)

Possible mitigation measures to be undertaken by the EU Member States

The EU Member States could take the following measures to address potential security

impacts of a visa-free regime with Georgia:

•

Conclude bilateral agreements on cooperation in the fight against organised crime and

establish relevant contact points, when applicable, by deploying police attachés;

Invite Georgian counterparts to participate in Joint Investigation Groups (Georgia-EU

Member States), with the aim of exchanging expertise and insights into the

modus

operandi

of Georgian criminals;

In order to support the development of Georgia’s tools for crime analysis and facilitate

exchange of corresponding information, accelerate the process for concluding an

agreement with EUROPOL.