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8 May 2008VISA LIBERALISATION WITH MONTENEGRO

ROADMAP

I. INTRODUCTION -GENERAL FRAMEWORI(A. The GeneralAffairs and External RelationsCouncil in its conclusions of 28January2008 welcomed he intentionof the EuropeanCommission o launch avisa dialoguewith all WesternBalkan countriesand expressedts readinessofurther discuss his issue, based on the Commission'sCommunicationon theWestern Balkans, with a view to define detailed roadmaps setting clearbenchmarks o be met by all the countries in the region in order to graduallyadvance towards visa liberalisation. The whole process will be closelymonitoredby the Council and he Commissionwhich will assesshe progress yeach of the countries concernedand follow the adoption and implementation ofthe necessary eforms towards the abolition of the visa requirement.The Commission shall regularly report on the implementation of this road mapto the Council, for the first time before he end of 2008, notably by taking intoaccount nput from experts including Member States' experts in the context ofthe visadialogue.B. When setting up the methodology for the visa liberalisationprocess, hefollowing elementshave to be taken nto consideration:

- the Europeanperspectiveof the WesternBalkan countries;- the political commitment taken by the European Union on theliberalisation of the short term visa for the citizens of all WesternBalkan countries as part of the Thessaloniki agenda,which has beenconfirmed at political level by a seriesof Council conclusionssince2003t;- the conclusion by all countries in the region of a Communityreadmission greement;- the visa exemption grantedto all EU citizens by all WesternBalkancountries.

' More recentlv. n the Council conclusions f 1816/07 nd 0ll2/07.

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As a first concrete step towards improving people to people contacts, theEuropeanCommunityhasconcluded n2007 Visa FacilitationAgreementswithAlbania,Bosnia andHerzegovina,he formerYugoslavRepublicof Macedonia,Serbiaand Montenegro.Theseagreements re in force since 1 January2008.The preambleof the visa facilitation agreementsncludesa clear reference o thecommitment of the parties to work towards a visa free travel regime in thefuture.C. Having in mind the wide range of issues elevantfor the visa liberalisationdialogue and the need to establishan adequatelysecuredcontext for visa freetravel, he objectiveof this exercises to identifu all the measureso be adoptedand implementedby the WesternBalkan countriesand setup clear requirementsto be achievedn the nearfuture.The whole processwill be divided in four setsof issues o be coveredby the dialogue:documentsecurity, llegal migration,public order and security as well as external relations items linked to themovementof persons.The dialoguewill be tailor-madeso as to allow eachcountryto focus reform efforts and addresshe EU's requirements.The speedofmovement owardsvisa liberalisationwill dependon the progressmadeby eachof the countries n fulfilling the conditionsset.Concerningthe structure,the whole dialogue as a part of the overall policy ofthe EU towards the candidateand potential candidatecountriesof the WesternBalkan, will take place within the framework of the structures of theStabilisationand Associationprocess.The visa liberalisationprocesswill beconducted y seniorofficials who coulddecide o organiseechnicalmeetingsatexpert evel for specific items.As the Stabilisationand Associationagreementwith Montenegrohas not yet entered nto force, reporting on progressmadeonthe issuescoveredby the visa liberalisationprocesswill be ensuredwithin theframeworkof the currentstructuresof the enhanced ermanentdialogue.

D. The whole processwill allow the Commission o make a proposalat theappropriatemoment to the Council for the lifting of the visa obligation forMontenegrin citizens,through an amendmentof Council regulation 53912001.On thebasisof the Commission's roposal, he Council, afterconsultationof theEuropeanParliamentwill decideactingby qualified majority.

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ROADMAP TOWARDS A VISA FREE REGIME WITH MONTENEGRO

I. Requirements related to the correct implementation of the CommunifyVisa Facilitation and ReadmissionAgreements

A. READMISSION AGREEMENTMontenegro has to take the necessarymeasuresensuring effective mplementation of theCommunity Readmission Agreement and in particular, the replacement of the previousbilateral agreements or arrangements by the Community readmission agreement, theconclusion of implementing protocols' with Member States, the adopt ion of themeasuresensuring that proper infrastructure is in place, n particular sufficient staff, todeal with readmission applications, the respect of the various deadlines set by theCommunity Readmission agreement, the refusals of readmission applications only onthe grounds provided by the Community ReadmissionAgreement, the acceptanceof the'EU standard travel document for expulsion purposes', the acceptance of readmissionapplications for third country nationals/stateless ersonsB. VISA FACILITATION AGREEMENT:Montenegro shall closely cooperatewith the European Commission to support the EUMember States' implementation of the Visa Facilitation Agreement, ensuring inparticular continuous monitoring of all institutions, authorities and bodies involved inMontenegro with the implementation of this Agreement, as regards the issuing ofinvitations, certificates and other documents.

II. Requirementson DocumentSecurityollegal Migration, Public Orderand Securitv and External RelationsBLOCK 1: DocumentSecurityPassports/travel ocuments, D cards and breeder documentsMontenegro should:

o issue machine readable biometric travel documents in compliance with ICAOand EC standards; and gradually introduce biometric data, including photo andfingerprints;. adopt appropriate administrative measuresensuring the integrity and security ofthe personalisationand distribution process;

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o establish training programmes and adopt ethical codes on anti-corruptiontargeting the officials of any public authority that deal with visasn assportslo report to InterpoULASP data baseon lost and stolenpassportsl. ensure a high level of security of breeder documents and ID cards and definestrict procedures surrounding their issuance.

BLOCK 2: Itlegatmigration, including readmissionBorder managementMontenegro should:

o adopt and implement legislation governing the movement of persons at theexteinal bordels as well as the organisation of the border authorities and theirfunctions in accordance with the Action Plan on the implementation of theStrategy on Integrated Border Management, which was adopted in December2006;

o take necessarybudgetary and other administrative measures ensuring efficientinfrastructure, equipmentsn T technologyat the external borders;o establish training programmes and adopt ethical codes on anti-corruptiontargeting the bordei guards, customs and other officials involved in the bordermanagementlo concludea working arrangement with FRONTEX.

Carriers' responsibilityo Montenegro should adopt and implement legislation on carriers' responsibility

defining sanctions.AsylumpolicyMontenegro should:

o Adopt and implement legislation in the area of asylum in line with internationalstandards (1951 Geneva Convention with New York Protocol) and the EU legalframework and standards ;o provide adequate nfrastructure and strengthen responsiblebodies, n particularin the area of asylum procedures and reception of asylum seekers.

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Migration managementMontenegro should:

o set up and start to apply a mechanism for the monitoring of migration flows,defining a regularly updated migration profile for Montenegro, with data both onillegal and legal migration, and establishingbodies responsible or collection andanalysis of data on migration stocks and flows;

o take measures to ensure the reintegration of returnees, including sustainablefinancial and social support;o define and apply methodology for inland detection and take measures mprovingthe capacity to investigate casesof organised acilitated illegal migration;o adopt and implement a law on foreigners governing the admission and stay of

third country nationals, defining rights and obligations for the personsconcerned(including family members of third country nationals) and implement the law onregisters of permanent and temporary residence including implementinglegislation;. ensure effective expulsion of illegally residing third country nationals from itsterritory.

BLOCK 3: Public order and securityPreventingand fighting organisedcrimeo errorism and corruptionMontenegro should:

. ensure efficient implementation of the action plan of the strategy to fightcorruption and organised crime (in particular cross-border aspects)notably bystrengthening the relevant law enforcement authorities with sufficient humanand financial resources;implement the national anti-trafficking strategy and allocate sufficient humanand financial resources o its implementation;[adopt] and ensure efficient implementation of the anti-money-launderinglegislation and the proper monitoring of all financial transactions, including inrelation to real estate and inward investment, and strengthen the anti-moneylaundering directorate and its coordination with law enforcement authorities;implement relevant legislation on confiscation of assetsof criminals (includingthe provisions addressing cross-borderaspects);

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. adopt and implement a national drug strategy and national drug action plan;make the information on drug seizuresand persons nvolved accessible t bordercrossing points; further develop cooperation and information exchange withrelevant international bodies n the drug field;o adopt and implement legislation on preventing and fighting corruption in linewith the Action Plan on the light against corruptionlo implement relevant UN and Council of Europe conventions, as well as GRECOrecommendationsand other international standards in the areas isted above andon fight against terrorism.

Judicial co-operation n criminal matters

Montenegro should:o implement international conventions concerning udicial cooperation in criminalmatters (in particular Council of Europe Conventions);o take measures aimed at improving the efficiency of judicial co-operation incriminal matters of judges and prosecutorswith the EU Member States and withcountries n the region;o develop working relations with Eurojust mainly through the Eurojust contactpoint.

Law enforcementco-operationMontenegro should:

o take necessarysteps o ensure efficiency of law enforcement co-operation amongrelevant national agencies especiallyborder guards, police, customs officers -, aswell as cooperationwith the judicial authorities;o improve exchange of information between national agencies by setting up anadequatecoordination mechanismlo reinforce regional law enforcement co-operation and implement bilateral andmultilateral operational cooperation agreementsn ncluding by sharing on t imerelevant information with competent aw enforcement authorities of EU MemberStates;o improve the operational and special investigative capacity of law enforcementservices o tackle more efficiently cross-border crimel

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o take the necessary steps to prepare for the conclusion of an operationalcooperation agreement with Europol with special emphasis on data protectionprovisions.

Data protectionMontenegroshould:

o adopt necessary egislation on the protection of personal data and implement itsprovisions including setting-up of an independent data protection supervisoryauthority ;o sign, ratify and implement relevant international conventions, such as theAdditional protocol of the Council of Europe Convention for the Protection ofIndividuals with regard to the Automatic Processingof Personal Data.

BLOCK 4: External Relationsand fundamental rightsFreedomof movementof Montenegrin nationals[Montenegroshould:

o ensure that freedom of movement of Montenegrin citizens is not subject tounjustified restrictionso ncluding measuresof a discriminatory nature, basedonany ground such as sex, race, colour, ethnic or social origin, genetic features,language, religion or belief, political or any other opinion, membership of anational minority, property, birth, disabilityoage or sexual orientation.]

Conditionsand procedures or the issueof identity documentsMontenegro should:

. ensure full and effective access to travel and identify documents for allMontenegrin citizens including women, children, people with disabilities, peoplebelonging to minorities and other vulnerable groups;

o ensure ull and effective access o identity documents or IDPs and refugees.

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Citizens' rights including protection of minoritiesMontenegro should:

o adopt and enforce legislation to ensure effective protection againstdiscrimination;specifyconditions and circumstances or acquisition of Montenegrin citizenship;ensure investigation of ethnically motivated incidents by law enforcement officersin the area of freedom of movement, including cases targeting members ofminorities;ensure hat constitutional provisions on protection of minorities are observedlimplement relevant policies regarding minorities, including Roma.

Final remark:The present roadmap includes a list of measures o be taken by Montenegro in view ofthe lifting of the visa obligation. These measures aim at responding to the needsidentified, basedon the currently available information. In caseof substantial change ofthe current situation, the Commission could propose a review and re-adaptation of theroadmap.Based on the achievementsby Montenegro of the implementation of the requirementsset up in the roadmap, the Commission will asses he situation, taking into account interalia criteria, the visa refusal rate for Mtintenegrin applicants and the refusal rate ofentry into the common Schengen area for Montenegrin nationals. In this context, thedecreasing rend of the refusal rate, which should progress towards 3o/o or visas and1000personsper year refused for entry into the common Schengenarea, will be used asan indicative reference.Montenegro should also take the necessarymeasures o allow anefficient implementation of the EU joint actions on travel ban. As already mentionedbeforeoon this basis he Commission will consider the possibility to present a proposal tothe Council for the lifting of the visa obligation, by amending the Council Regulation53912001, ndn ollowing the procedure laid down in the EC Treaty2 for these matters,the Council will on the basis of the Commission's proposal, after consultation of theEuropean Parliament, take a decision acting by qualified majority. Such amendmentcould soon cover the holders of travel documents ssued n accordance o ICAO and ECstandards.

" Article67.3 andArticle62.2.b.i

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