Reinforcement of institutions and rule of law
In their cooperation on justice, freedom and security, the Parties shall attach particular importance to the consolidation of the rule of law, and the reinforcement of institutions at all levels in the areas of administration in general and law enforcement and the administration of justice in particular. Cooperation shall notably aim at strengthening the independence of the judiciary and improving its efficiency, improving the functioning of the police and other law enforcement bodies, providing adequate training and fighting corruption and organised crime.
Protection of personal data
Serbia shall harmonise its legislation concerning personal data protection with Community law and other European and international legislation on privacy upon the entry into force of this Agreement. Serbia shall establish one or more independent supervisory bodies with sufficient financial and human resources in order to efficiently monitor and guarantee the enforcement of national personal data protection legislation. The Parties shall cooperate to achieve this goal.
Visa, border management, asylum and migration
The Parties shall cooperate in the areas of visa, border control, asylum and migration and shall set up a framework for the cooperation, including at a regional level, in these fields, taking into account and making full use of other existing initiatives in this area as appropriate.
Cooperation in the matters above shall be based on mutual consultations and close coordination between the Parties and should include technical and administrative assistance for:
(a)
the exchange of statistics and information on legislation and practices;
(b)
the drafting of legislation;
(c)
enhancing the capacity and efficiency of the institutions;
(d)
the training of staff;
(e)
the security of travel documents and detection of false documents;
(f)
border management.
Cooperation shall focus in particular:
(a)
on the area of asylum on the implementation of national legislation to meet the standards of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol relating to the Status of Refugees done at New York on 31 January 1967 thereby to ensure that the principle of ‘non-refoulement’ is respected as well as other rights of asylum seekers and refugees;
(b)
on the field of legal migration, on admission rules and rights and status of the person admitted. In relation to migration, the Parties agree to the fair treatment of nationals of other countries who reside legally on their territories and to promote an integration policy aiming at making their rights and obligations comparable to those of their citizens.
Prevention and control of illegal immigration; readmission
1. The Parties shall cooperate in order to prevent and control illegal immigration. To this end, Serbia and the Member States shall readmit any of their nationals illegally present on their territories and agree to fully implement the Agreement on readmission between the Community and Serbia and bilateral Agreements between Member States and Serbia in so far as the provisions of these bilateral Agreements are compatible with those of the Agreement on readmission between the Community and Serbia, including an obligation for the readmission of nationals of other countries and stateless persons.
The Member States and Serbia shall provide their nationals with appropriate identity documents and shall extend to them the administrative facilities necessary for such purposes.
Specific procedures for the purpose of readmission of nationals, third country nationals and stateless persons are laid down in the Agreement on readmission between the Community and Serbia and bilateral Agreements between Member States and Serbia in so far as the provisions of these bilateral Agreements are compatible with those of the Agreement on readmission between the Community and Serbia.
2. Serbia agrees to conclude readmission Agreements with the Stabilisation and Association process countries and undertakes to take any necessary measures to ensure the flexible and rapid implementation of all readmission Agreements referred to in this Article.
3. The Stabilisation and Association Council shall establish other joint efforts that can be made to prevent and control illegal immigration, including trafficking and illegal migration networks.
Money laundering and financing of terrorism
1. The Parties shall cooperate in order to prevent the use of their financial systems and relevant non-financial sectors for laundering of proceeds from criminal activities in general and drug offences in particular, as well as for the purpose of financing terrorism.
2. Cooperation in this area may include administrative and technical assistance with the purpose of developing the implementation of regulations and efficient functioning of the suitable standards and mechanisms to combat money laundering and financing of terrorism equivalent to those adopted by the Community and international fora in this field, in particular the Financial Action Task Force (FATF).
Cooperation on illicit drugs
1. Within their respective powers and competencies, the Parties shall cooperate to ensure a balanced and integrated approach towards drug issues. Drug policies and actions shall be aimed at reinforcing structures for combating illicit drugs, reducing the supply of, trafficking in and the demand for illicit drugs, coping with the health and social consequences of drug abuse as well as at a more effective control of precursors.
2. The Parties shall agree on the necessary methods of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the EU Drug Strategy.
Preventing and combating organised crime and other illegal activities
The Parties shall cooperate on combating and preventing criminal and illegal activities, organised or otherwise, such as:
(a)
smuggling and trafficking in human beings;
(b)
illegal economic activities, and in particular counterfeiting of cash and non-cash means of payments, illegal transactions on products such as industrial waste, radioactive material and transactions involving illegal, counterfeit or pirated products;
(c)
corruption, both in the private and public sector, in particular linked to non-transparent administrative practices;
(d)
fiscal fraud;
(e)
identity theft;
(f)
illicit trafficking in drugs and psychotropic substances;
(g)
illicit arms trafficking;
(h)
forging documents;
(i)
smuggling and illicit trafficking of goods, including cars;
(j)
cyber crime.
Regional cooperation and compliance with recognised international standards in combating organised crime shall be promoted.
Combating terrorism
In compliance with the international conventions to which they are Party and their respective laws and regulations, the Parties agree to cooperate in order to prevent and suppress acts of terrorism and their financing:
(a)
in the framework of full implementation of United Nations Security Council Resolution 1373 (2001) and other relevant UN resolutions, international conventions and instruments;
(b)
by exchanging information on terrorist groups and their support networks in accordance with international and national law;
(c)
by exchanging experiences with regard to means and methods of combating terrorism and in technical areas and training, and by exchanging experience in respect of the prevention of terrorism.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
