52001DC0061(01)

REPORT FROM THE COMMISSION TO THE COUNCIL regarding Bulgaria in the perspective of the adoption of the Regulation determining the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt of that requirement

On 1 December 2000, the Justice and Home Affairs Council reached a political agreement on the Commission's proposal for a regulation determining the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement. According to this agreement, which confirms the Commission's proposal, Bulgaria is on the positive list and Bulgarian nationals will benefit from the visa exemption from the date of entry into force of the regulation.

The Justice and Home Affairs Council, in arriving at this agreement, also adopted the following declaration:

"Before this regulation is adopted, the Council asks the Commission to submit to it within two months a report on measures taken by Bulgaria to curb illegal immigration and illegal residence by persons from that country in the Member States and for repatriation of those persons, and on the commitments entered into by Bulgaria vis-à-vis the Community and its Member States in that area and on observance of those commitments. To this end, the Council asks the Commission to contact the authorities of that country".

Acting upon this declaration, Commissioners Vitorino and Verheugen wrote on 18 December 2000 to Bulgarian Foreign Minister Mihailova submitting a list of subjects of interest for the preparation of the Commission's report. Bulgaria's written observations were received on 8 January 2001. Those observations, together with additional information and clarifications obtained during a visit by Commission's officials to Sofia on 15-16 January 2001, form the basis for this report.

1. Illegal immigration

1.1 Legal framework and administrative practice

Security of documents for Bulgarian nationals

The Law on Bulgarian Identity Documents has introduced from 1 April 1999 new types of ordinary passports, diplomatic passports and seaman's passports. These three types of passports incorporate a number of security features against counterfeiting and forgery (e.g.: the personal data, the digital colour photograph and the digital holder's signature are laser printed in the Visual Inspection Zone of the personalised page; the personalised page is laminated with thin transparent overlay incorporating Optically Variable Devices).

According to the law, the deadline for the passport replacement is 31 December 2000. From that date on, Bulgarian nationals will be allowed to travel abroad only if they are in possession of the new type of passports. During the Commission's mission in January, the Bulgarian authorities confirmed that this has been implemented. They also confirmed that by 20 December 2000, a total of 1,526,701 new passports had been issued. The Bulgarian authorities estimate the total number of new passports that will be issued at 3,150,000. The Bulgarian authorities have confirmed that the number of applications for new passports has already decreased from a peak of over 150,000 in August to 66,000 in December indicating that those who need new passports have been able to obtain them and that others will be able to obtain them when they intend to travel.

Bulgarian diplomatic and consular missions can only issue temporary passports to Bulgarian nationals abroad who are not in possession of a valid passport (e. g. are not yet in possession of the new passport or have a passport which has expired). Applications for new passports are forwarded via the Ministry of Foreign Affairs to the National Police Service in Sofia.

In the case of loss or theft of a passport, the holder must submit a written declaration to the nearest District Police Office (or to the respective diplomatic or consular mission).

The new types of passport are issued by the National Police Service (Identity Documents Department in Sofia or regional offices). The Ministry of the Interior has developed strict rules and procedures for the handling of blank passports and forms used in the process of issuing new passports. A specially designed Information System permits tracking the flow of documents and consumables from the point of production (supply) to the final product (new document).

Those passports for which a written declaration of loss or theft has been submitted to the responsible authority are declared invalid via the Bulgarian Identity Document Issuance Information System. The data concerning invalidated passports is made available on-line at every border checkpoint. The system also stores information on previous losses so it should be possible to see if 'regular' losses are made thus detecting suspicious incidents.

Security of documents for non-Bulgarians

Travel documents for refugees and stateless persons incorporate the same security features as the passport for Bulgarian nationals.

Foreigners identity cards (Temporary Card of Foreigner, Card of Foreigner residing for long term in the Republic of Bulgaria, Card of Foreigner residing permanently in the Republic of Bulgaria) and refugees cards (Temporary Card of Refugee, Card of Refugee) are issued as plastic cards and include a number of security features (the holder's signature, digital colour photograph and digital signature are laser printed; the front face of the card incorporates stickers comprising Optically Variable Devices).

Requirements and conditions for crossing the border

Foreign Nationals Act: a foreign national enters Bulgaria legally only at the determined border checkpoints (Article 17) and on condition that he has a valid travel document and, if necessary, a visa (Article 8). The issuance of visas at the border is no longer possible.

Foreign Nationals Act: under Article 10 Par. 1, the issuing of visa and entering the country shall be refused to a foreigner when he is known to be involved in trafficking in human beings and bringing illegally persons into and from the country.

Sanctions concerning the illegal crossing of the border

Penal Code: pursuant to Article 279 a person who enters or crosses the state border without permission of the respective authorities, or with permission but not through the border checkpoints, shall be punished by deprivation of liberty for up to five years and a fine of up to 30,000 Lev. (Note: BGN Lev (new) at 1 to 31 January 2001: 1.955830 BGN = 1 EUR ).

Sanctions concerning false and forged documents

Penal Code: Article 308 of the Penal Code sanctions the production and use of false and forged documents with "deprivation of liberty for up to 5 years".

Foreign Nationals Act: pursuant to Article 80, Para.1, Item 2 in relation with Article 10, Para. 1, Item 7, when a foreign national attempts to enter or transit the Republic of Bulgaria using false or forged documents, the Minister of the Interior can issue an order depriving him/her of the right to stay in the country.

Sanctions concerning illegal emigration to the Member States

Bulgarian Identity Documents Act: under Article 76 as currently in force a ban on leaving the country for a one-year period is imposed on Bulgarian nationals who have violated the immigration law of another country or have been expelled from another country.

Sanctions concerning the facilitation of illegal immigration/emigration

Penal Code: pursuant to Article 280 a person who takes another person across the state border without permission of the respective authorities, or with permission but not through the border checkpoints, shall be punished by deprivation of liberty for up to six years and a fine of up to one million Lev.

Foreign Nationals Act: Article 51 regulates the administrative and criminal liability of carriers' officials, while tour operators are subject to liability sanctions. Failure to comply with their duties as stipulated in the FNA results in the official's punishment with a fine of up to 5,000 Lev and the legal entity is imposed a liability sanction of up to 6,000 Lev.

1.2. Visa policy

Countries under visa obligation

Bulgaria is engaged in a process of aligning its visa policy with the EC acquis. In 1999, Bulgaria introduced a visa requirement for the citizens of Cuba and Bosnia-Herzegovina, and in 2000 for the citizens of Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyztan, Moldova, Tajikistan and Turkmenistan. Following a decision in December 2000, Bulgaria has also initiated procedures for introducing the visa requirement for the citizens of Georgia, Russia, Ukraine and Tunisia. Bulgaria for the moment maintains a visa-free regime with the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia.

Issuance procedures

Visas are issued by the Bulgarian diplomatic and consular representations. As of 31 December 2000, the Ministry of Foreign Affairs Visa Centre was connected with 60 Bulgarian representations. Links to the remaining 20 are under preparation. Under this on-line link, every visa application is transmitted to the Visa Centre which, after consulting the database of the Ministry of the Interior, grants or refuses the visa. This Visa Centre is also connected with every border checkpoint. The Commission's January mission included a visit to the Visa Centre and demonstration of its work.

1.3 Border surveillance and control

Staff

The total number of staff employed by the National Border Police Service (NBPS) as of 18 October 2000 is 8,751, of whom 4,707 are professional officers and 4,044 military conscripts. The replacement of conscripts by professional police officers, which is currently under way, will be completed in March 2002.

The Centre for specialisation and professional training of National Border Police staff was opened in Pazardjik in October 2000 in implementation of a PHARE Twinning Project with Germany in order to create the appropriate structure for an efficient and specialist training of border police.

A number of corruption cases were discovered in 1999 and 2000 within the NBPS. The officials involved were subject to disciplinary measures (12 cases in 1999 and 13 cases up until 20 December 2000). With a view to improving the prevention of corruption, a committee has been set up within the NBPS to deal with signals of corruption, information about cases of corruption and to take further appropriate prevention measures. Every month, all NBPS officials are informed about the cases of corruption.

Equipment

Currently, the green border is controlled by means of eight Bulgarian infra-red mobile systems MUSON and SNOG; border police duty patrols are equipped with 236 portable night vision devices. Access in the vicinity of the green border is controlled by an alarm system that is fully functional on a 350-km perimeter (the border with Turkey is covered on its total length).

The Border Control Automated Information System, which includes 222 computerised working stations at the border checkpoints, allows the registration of all persons crossing the border. Since October 2000, an Automated Fingerprint Identification System (AFIS) has become operational. The computer workstations are installed at the main border checkpoints.

Ten border checkpoints (Varna, Burgas, Malko Turnovo, Kulata, Vidin, Ruse, Kapitan Andreevo, Sofia Airport, Gyueshevo, and Kalotina) employ DOCUBOX secondary control devices.

Under Phare 1999 and Phare 2000, the Commission invested EUR 16,5 million for the purchase of communication equipment and vehicles to be put into operation at the Black Sea blue border and the green border with Turkey.

Border controls

The information system of the Ministry of Interior is consulted for existence of restrictions on entry of all foreign nationals before they enter the country.

The validity of the issued visa can be checked on-line with the Ministry of Foreign Affairs' Visa Centre.

All passports (Bulgarian nationals and foreigners) are stamped on entry to, and exit from, the Bulgarian territory.

Border co-operation with neighbouring countries

Bulgaria's border co-operation is based on existing bilateral agreements with Greece, Romania, Turkey, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia.

2. Repatriation of illegal residents to Bulgaria

2.1. Existing readmission agreements

As of December 2000, re-admission agreements are in force with 10 Member States (Austria, Denmark, Finland, France, Germany, Greece, Italy, Portugal, Spain, and Sweden) and with 6 other countries (Czech Republic, Hungary, Norway, Poland, Slovak Republic, and Slovenia).

The re-admission agreement with the Benelux States, which has been signed 1998, was approved by Decision of 5.2.1999 of Bulgaria's Council of Ministers. The entry into force of the agreement is subject to ratification by the Benelux States.

The re-admission agreement with Romania which was signed on 23 June 2000 and ratified by Bulgaria in November 2000. The entry into force of the agreement is subject to ratification by Romania.

2.2. Further steps initiated by Bulgaria

Drafts on re-admission agreements have been presented and negotiations are underway with Ireland, the United Kingdom, Latvia, Estonia, Ukraine, Croatia, the Russian Federation, Georgia, Tunisia, Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia.

3. Additional measures taken or considered by the Bulgarian authorities

3.1. Technical equipment at the borders

The Bulgarian authorities will continue to modernise and extend their equipment at the borders. In particular it is planned to purchase three VSCs modern computerised systems for secondary control of documents.

3.2. Border co-operation with Greece

A program for co-operation signed by representatives of the border guard and control authorities of both countries is being implemented. Bulgaria will propose a detailed Action Plan to be implemented through direct contact between the migration authorities of the two countries. In addition, Bulgaria is examining the possibility of seconding a liaison officer to Greece.

3.3. Legislative steps

Amendment of the Foreign Nationals Act: by virtue of Article 20 FNA, the officials of airlines, tourist and travel companies which provide services for transport of foreign nationals to Bulgaria are obliged to check the validity of their customers' travel documents. Non-compliance with this obligation is punishable under Article 51 FNA. Bulgarian authorities are considering an amendment of Art. 51 in order to extend this obligation to the companies that provide services of transport from Bulgaria.

Amendment of the Bulgarian Identity Documents Act: a draft amendment of Article 76 provides for extending to 2 years the duration of the prohibition to leave the country which can be imposed on Bulgarian citizens.

3.4. Strict enforcement of existing legal obligations

The Bulgarian police authorities will continue their efforts with a view of ensuring the enforcement of all legal obligations imposed on tour operators. For this purpose, they will meet their need of information via an intensification of their contacts with the Member States in the framework of police co-operation.

3.5. Information for the citizens on the exact content of visa exemption

The Bulgarian authorities are aware of the necessity of informing their nationals precisely on the forthcoming visa free regime. Shortly after the decision of 1 December 2000, it was explained by the authorities what visa free travelling to the EU would mean and above all what it would NOT mean. However, in order to prevent unjustified expectations, they are considering another information campaign before the entry into force of the new visa regulation.

3.6. Information for tour operators

It has been decided to establish regular working contacts for exchange of information between the Directorate International Co-operation of the Ministry of the Interior, the Bulgarian Tour Operators Association (BTOA) and the consular services of the Member States. These contacts will address in particular the consequences of the new visa free regime.

Conclusion

From the information forwarded by the Bulgarian authorities to the Commission services and from the Commission's mission , it is clear that Bulgaria has at its disposal the necessary legal instruments to allow it to combat illegal immigration to, through or from its territory.

As far as implementation of the legal instruments is concerned, resources in terms of adequate personnel and equipment are essential. Bulgaria has made significant efforts to address this and has plans to continue its efforts for further improvements in the future. The speedy introduction of new passports with high levels of document security and the new computer systems for issuing of passports and visas systems are examples of Bulgaria's efforts, as can the development of the Border Police Service since its creation in 1997. Like other candidates, Bulgaria will need to give priority to training of personnel and effective measures of internal control and audit.

As regards the repatriation of illegal immigrants, Bulgaria has re-admission agreements with all the Member States which will apply the regulation. With the exception of that with the Benelux which Bulgaria has ratified but where ratification with the Benelux states is still outstanding, all of these have entered into force. It is important that these are fully and correctly implemented.

In conclusion, Bulgaria has made significant efforts in recent years and is committed to continue these, both in the context of the visa regime and in the wider context of preparation for future EU membership.