This document is an excerpt from the EUR-Lex website
Document 52014SC0329
COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council On the fulfilment by Colombia of the relevant criteria in view of the negotiation of a visa waiver agreement between the European Union and Colombia
COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council On the fulfilment by Colombia of the relevant criteria in view of the negotiation of a visa waiver agreement between the European Union and Colombia
COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council On the fulfilment by Colombia of the relevant criteria in view of the negotiation of a visa waiver agreement between the European Union and Colombia
/* SWD/2014/0329 final */
COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council On the fulfilment by Colombia of the relevant criteria in view of the negotiation of a visa waiver agreement between the European Union and Colombia /* SWD/2014/0329 final */
1. INTRODUCTION
1.1. Structure
and methodology
This
document provides the factual data for the assessment presented in the Report
from the Commission to the European Parliament and the Council on the
fulfilment by Colombia of the relevant criteria in view of the negotiation of a
visa waiver agreement between the European Union and Colombia. This report was
prepared in accordance with the requirements of European Parliament and Council
Regulation 509/2014[1].
After
a short introduction with the most important indicators concerning Colombia, there are three main chapters, some of them containing subchapters: Chapter 2 – Migration
and mobility: this chapter includes data on Schengen visas, regular and
irregular migration, asylum and the security of Colombian travel documents; Chapter 3 – Crime
and security: this chapter includes information on organised crime, drug
production and trafficking, trafficking on human beings and other criminal
activities; Chapter 4 - Economic
considerations: this chapter presents data on EU-Colombia trade and on tourist
flows from Colombia to the EU. In
view of the preparation of the assessment, the Commission requested and
received contributions from three EU agencies: EASO, Europol and Frontex. The
EU Delegation in Colombia provided a comprehensive report on EU—Colombia relations. Spain, as the Member State most concerned by migration from Colombia, provided additional information. Colombian authorities showed a high degree of
willingness to cooperate with the Commission during the preparation of the
assessment. Eurostat
data have been used throughout this document and especially in chapter 2. In this
document, whenever ‘EU totals’ or ‘EU Member States totals’ are presented, they
exclude, unless the contrary is stated, the United Kingdom and Ireland as these
two countries do not participate in the EU’s common visa policy and the
assessment does not cover the impact of Schengen visa liberalisation with
Colombia on them. Whenever ‘EU+ totals’ are presented, these include also data
for the four Schengen associated countries (Iceland, Liechtenstein, Norway and Switzerland).
1.2. Basic
facts about Colombia
Colombia is a
republic presided since 2010 by Juan Manuel Santos Calderón, who was re-elected
on 15 June 2014. Colombia covers a surface of 1 141 748 square kilometres
(about twice the size of France) with almost 47 million inhabitants (similar to
Spain). The size of its economy in 2013 was estimated by the World Bank to be
USD 378,1 billion, thus placed as the 32nd biggest economy of the
world. The GNI (PPP) per capita was USD 11 340, similar to Peru’s. The GDP has had an average growth of 4.7% over the last ten years and it is
estimated it will grow by 4.3% for 2014. This growth has translated in a
reduction of the percentage of population living under the poverty line from
47% in 2007 to 33% in 2012. Other macroeconomic indicators confirm the
stability of Colombia’s economy: fiscal deficit of 2.3% of GDP, an inflation of
2.6% and an unemployment rate of 9.9%. 2. MIGRATION
AND MOBILITY In
this chapter, each subchapter will present data on recent trends and describe
the current situation.
2.1. Short-stay
Schengen visas
The
number of Schengen visas issued in Colombia grew significantly in the last four
years[2].
While in 2010 the number of visas issued was 84 781, in 2013 the figure was 121
019, i.e. an increase of 42.7%. Importantly, the refusal rate for visa
applications in Colombia fell from 11.2% in 2010 to 4.8% in 2013 (the average
global refusal rate in 2013 was also 4.8%). The share of multiple entry visas on
the total number of issued visas increased, from 31.7% in 2010 to 40.9% in 2013
(the global average was 44.9% in 2013). Spain has traditionally been the Schengen State issuing most short-stay visas in Colombia. In 2013 it issued 70 988 such visas
(58.6% of the total), followed by France (15 999, i.e. 13.2% of total) and Germany (10 537, i.e. 8.7% of total). Interestingly,
the
U.S. “B” visa refusal rates for Colombians (“B” visas are for non-immigrants
for business and personal travel) also more than halved between 2010 and 2013
fiscal years, from 30.7% to 10.4%. Moreover, in 2012 the U.S. began issuing 10-year visas to Colombians. In this context, it is
relevant to note that the total number of short-stay Schengen C-visas issued in
2013 in Colombia only constituted about 27.4% of the total number of
non-immigrant visas issued to Colombians by the United States[3]. Finally,
it is important to note that since mid-2013 no Schengen State imposes airport
transit visas to Colombians.
2.2. Legal
migration
2.2.1. Stock
According
to Eurostat data on resident population by citizenship[4], on 1
January 2013 there were 279 160 Colombian citizens residing in the EU+[5]. 79.9%
of them (223 141) resided in Spain, followed by Italy (6.7%, 18 652 residents),
Germany (4.5%, 12 529 residents), France (3.9%, 10 782 residents) and Switzerland (1.6%, 4 382 residents). Spain has provided additional data[6] for
the situation on 1 January 2014, when the number of Colombian residents
decreased by 23% to 172 368. If the revised Spanish data are combined with the
Eurostat data for the rest of the Member States, and assuming the population
remained more or less stable in the other Member States on 1 January 2014, the resident
population of Colombians in the EU today can be estimated to be around 230 000,
with slightly less than 75% of them in Spain. These
data confirm that the most important Colombian community in the EU resides in Spain. Spain received significant flows of both regular and irregular Colombian migrants in
the late 1990s and early 2000s. Colombia was one of the main source countries
of Latin American emigrants to Spain over this period, together with Peru, Ecuador and Bolivia. About 100 000 Colombians who had arrived and/or stayed irregularly were
regularised in four regularisation processes between 2000 and 2005[7].
Between 2005 and 2013, almost 170 000 Colombians acquired Spanish citizenship[8]. The
recent significant decrease in the Colombian resident population can be
attributed to both the acquisition of Spanish citizenship and the return of
many Colombians to their country of origin due to the hardship caused by the
economic crisis that hit Spain and in particular the immigrant populations. While
migration from Colombia to the EU is significant, the United States remains the favourite destination for Colombian citizens moving abroad: currently, 34.6%
of Colombian migrants live in the United States[9].
The United States are likely to remain the most attractive destination due to
important pull factors such as geographic proximity, economic opportunities and
the presence of large and well-integrated Colombian diaspora communities. 2.2.2. Flows According
to Eurostat data on residence permits[10],
the number of residence permits valid for more than six months issued to
Colombians by the EU Member States has decreased by around two thirds between
2008 (when 49 504 permits were issued) and 2013 (16 920 permits). While the
vast majority of those permits were issued by Spain, its share has decreased
over time, from 84% of the total in 2008 to 58% in 2013. France issued 12.4% of permits to Colombians in 2013, Italy 9.4% and Germany 9%. Of
the 16 920 permits valid for more than six months issued in 2013, 45% were
issued for family formation or reunification, 28% for study reasons, 19.7% for
reasons related to a remunerated activity and 7.3% for other reasons. 11 903 of
those permits were issued with a validity of one year or more. This can be
compared with data from the U.S., where about 20 000 Colombians received
permanent residence annually in the period 2010-2012[11].
2.3. Irregular
migration
By
its very nature, irregular migration is difficult to record and it would be
impossible to present in this report a precise number of Colombian irregular
migrants entering and/or present in the EU+. However, certain indicators may
provide a useful insight into trends and destinations. The
first of such indicators concerns refusals of entry. The total number of
refusals of entry[12]
issued to Colombians in the EU+ in 2013 was 305, out of which 28% were issued
by Spain, 26.2% by France, 13.1% by Germany and 9.8% by the Netherlands. In 2008, 845 refusals of entry were issued in the EU+ to Colombians, meaning a
decrease in refusals since then of 64%. Given the geographical distance between
Colombia and the EU, the vast majority of all refusals of entry were issued
at air borders. Frontex reported
that when comparing refusals with regular passenger flow data from Colombia to Spain, it is clear that the abuse rate is quite low with one refusal of entry issued per
roughly every 2 800 passengers. For comparison, Hungary refused entry to one
Serbian national per every 471 passengers during 2013. The same ratio stood at
1:900 prior to visa liberalisation for Serbia. Also according to Frontex, many
of the refused Colombians during 2013 were young women, possibly indicating a
link with illegal domestic work or even trafficking of human beings (Frontex
had no additional information in this regard). Another
important indicator is the number of third country nationals found to be in an
irregular migratory situation [13].
Data show that the number of Colombians found to be in an irregular migratory
situation in the EU+ has steadily decreased in recent years, though remains still
significant in 2013 at 3 080. The figure for 2011 was 4 195, there was
therefore a 27% decrease over the last two years. In 2013, most apprehensions
(78.6%) took place in Spain, followed by Germany (9%) and France (6.8%). In 2011 the percentages had been 82% in Spain, 6.4% in France and 4.6% in Germany. The 3 080
apprehended Colombians represented 0.8% of the total number of apprehensions of
irregular migrants in the EU+ in 2013, which was 388 010. This puts Colombia in 31st place in the ranking of most important source countries of
irregular migrants, as measured by this indicator. Neighbouring Brazil, a country whose citizens enjoy visa-free access to the Schengen area, is placed 21st
in this ranking, with 5 575 apprehensions[14]. The number of
return decisions[15]
issued to Colombians has more or less halved since 2009, reflecting the
diminished flows of Colombian irregular migrants to the EU+: from 4 555
decisions in 2009 to 2 375 in 2013 – still not an insignificant level. Spain was the Member State issuing the most return decisions to Colombians: 3 590 in 2009 and 1 635
in 2013; followed by France and the Netherlands, with 230 and 215 decisions
issued respectively in 2013. The number of
effected returns to a third country[16]
of Colombians following an order to leave has been stable and has oscillated
between 1 000 and 1 100 every year since 2009 (except in 2010 when the figure
was 400). Spain[17]
returned the vast majority of Colombians: between 800 and 900 every year
(except in 2010 when it only returned 175). In 2013 the Netherlands returned 85 and France 65 Colombians respectively. A comparison
between the data on return decisions issued and effected returns (the so-called
‘return ratio’) may indicate whether the return of Colombians having received a
return decision is carried out smoothly or whether difficulties exist. The
return ratio was very low in 2010 (9.5%) but since then it has improved
markedly (26.9% in 2011, 31.5% in 2012 and 46.1% in 2013). Therefore, last year
the return ratio for Colombians was higher than the average return ratio worldwide
(36.6%) though it should still further improve.
2.4. Asylum
The
number of applications made by Colombian asylum-seekers in the EU+ in 2013 was
310[18],
the lowest figure in two decades. Since 2006, when the figure of asylum-seekers
stood at 2 910, every year has seen a decrease in the number of applications,
with less than 500 applications annually since 2010. Spain was until 2009 the
main destination country in the EU+ for Colombian applicants, but since 2010 France receives the highest number of asylum applications from Colombians (90 in 2013; 60 in Spain). The share of Colombian applications on the total number of applications in EU+ was
about 0.1% in 2013, down from 0.4% in 2008. First
instance decisions issued to Colombian applicants since 2008 in the EU+ were
mainly negative, however in relative terms the recognition rate (comprising a
grant of either refugee status, subsidiary protection status or a national protection
status) of Colombian applicants has increased from 8% in 2008 to 26% in 2013.
This has occurred at the same time as a drop in the overall numbers of
applications and thus decisions issued at first instance from 1 800 in 2008 to
310 in 2013. Of the positive decisions, a relatively high proportion granted
refugee status (65% of the 715 positive decisions issued to Colombians from
2008 to 2013). Some
405 Colombians were resettled in 2013 in three EU+ States: Sweden (210), Denmark (130) and Norway (65); this is actually more than the number that applied for
asylum in the EU+.
2.5. Security
of Colombian travel documents and document fraud involving Colombians
Colombia, as
State party of the 1944 Chicago Convention, is obliged to comply with the
provisions of the International Organization of Civil Aviation. In particular,
it must comply with ICAO document 9303, which lays down the technical and
security features which must be followed for the issuance of travel documents. Colombia
implements a system for issuing passports in conformity with ICAO document 9303
since 2010. The process consists of the following steps: registration of
application, capture of biometric data, authorization of the document by means
of digitalized signature, printing and delivery process with fingerprint
validation. The
SICEP (Sistema de Control y Expedición de Pasaportes) is a centralized
web-based system, which enables an on-line check of the passport issuance
status and is managed at the headquarters of the Ministry of Foreign Affairs
(MFA). The SICEP has control over the whole process of issuing passports, from
the initial application to delivery. Moreover, the system keeps track of the
revenues generated by the collection of duties and fees related to the issuance
of passports and monitors the inventory of documents. The issuing offices of
the MFA are equipped with electronic devices for the capture of biometric data
of the applicants. The SICEP is moreover connected with a database which allows
the automatic verification of any legal and judicial impediments of applicants
to travel. The
Colombian passport has a Mechanically Readable Zone, whose information is
contained in two text lines of OCR- B (Optical Code Recognition) of 44
characters each, which are printed on a polycarbonate data page. The passport's
MRZ contains personal information of the holder as well as of the issuing State
or Organization. It also contains areas of fixed dimensions that meet the
specifications of ICAO document 9303. The
safety features consist of a sheet of polycarbonate that is the page containing
the data, the covers are made of a synthetic material developed especially
for binding passports. The printing of the texts and all materials used on the
covers are resistant to the temperatures reached during the manufacturing of
the passports. Additionally,
the paper documents are made up of high strength material and the printing is
performed using laser etched security features used to verify the pre-printed
information. The processing of passports is subject to quality control and
verification procedures in accordance with international quality standards. Colombia
follows very closely the document assembling structure set out by ICAO in
Document 9303 and provides quite an extensive amount of details about the
production, application and issuance processes, namely regarding (the quotes
are directly extracted from the Colombian contribution): § The quality
control at the production facilities – "The
plant where the passports are printed and finished has the highest security and
the people working in the production process are subjected to a thorough
security screening." § The protection
against theft and misuse of authentic blank documents –
"Blank documents are kept locked on the premises of the printing plant
and the following steps are enforced: Physical security with controlled areas;
complete audit trail and Closed Circuit Television." § The capture of
biometric information - […] three types of biometric
identification systems, of a physiological nature, are considered: Facial
Recognition (mandatory); Fingerprint (optional) and Iris Recognition (optional)"; § Centralized
personalization – "The personalization process is carried
out in a secure and controlled environment that has appropriate security
measures to prevent unauthorized access to the facility"; § Distribution and
delivery
– "The passport booklets are dispatched from the personalization centre
in security vehicles to the offices of the Ministry and the corresponding
relevant Governorates. On the premises of the Ministry and in the Governorates
the passport is delivered to the applicant, only after his identity has been
verified. This verification is done by a biometric matching of the fingerprint
captured during the application process. This prevents passport books being
delivered to anyone other than the applicant as well as the possibility that a
person can possess more than one passport with a different identity." According
to Frontex, Colombian nationals were detected in extremely low numbers for
document fraud. Data from the European Document Fraud Risk Analysis Network indicate
that there were only 20 Colombians linked to 45 cases during 2013. These
figures are negligible on the overall European level given that they
represented less than 0,5% of roughly 10 000 reported cases of document fraud
during 2013. Document fraudsters from Colombia were detected mostly on entry to
the EU from a third country, usually from Colombia. Colombians were
predominantly using documents from Spain and several South American countries
whose citizens do not require visas to enter the Schengen area. There
were only 12 cases of Colombian fraudulent travel documents detected by EU+
States during 2013.
3. SECURITY AND CRIME
This
chapter is largely based on the contribution provided by Europol[19]. It
looks into the different criminal activities where Colombian organised crime
groups (OCGs) are active. The structure of
organised crime in Colombia changed radically over the past 10 years. The
demobilisation of AUC paramilitary groups (United Self-Defence Forces of
Colombia) between 2003 and 2006 led to the formation of new criminal gangs
deeply rooted in drug trafficking: the Emerging Criminal Bands (BACRIM) who,
according to the Colombian government, overtook the FARC (Revolutionary Armed
Forces of Colombia) and ELN (National Liberation Army) as a national security
threat since 2011. Colombian OCGs
only maintain a limited presence in the EU. Latin American OCGs
favour the Iberian Peninsula as their base of operations due to cultural,
language and historical ties. Here, they are particularly involved in the
cocaine trade and laundering of criminal proceeds.
3.1. Drugs
trafficking
Colombia, Peru and Bolivia continue to be the primary sources of the cocaine consumed in the EU and the rest
of the world. The FARC (Revolutionary Armed Forces of Colombia - People's Army)
continues to control key Colombian cocaine production and trafficking zones
servicing markets in Europe[20]. According
to the most recent EU Drugs Market Report[21] issued by
the European
Monitoring Centre for Drugs and Drugs Addiction (EMCDDA) and
Europol, in 2010 the global acreage of coca bush cultivation was estimated,
depending on the source, to lie between 149 200 (UNODC) and 187 500 hectares
(US State Department). Although both UN and US sources reported moderately decreasing
trends in total coca cultivation in the 2006–2010 period, they diverged
regarding the coca acreages of Colombia and Peru. Whereas the UN estimated the
area under coca cultivation in Colombia to be between 57 000 and 62 000
hectares, the US estimate was almost twice as high at 100 000 hectares.
Conversely, in Peru the UN estimated that approximately 61 200 hectares was
under coca cultivation in 2010 while the US estimated 53 000 hectares. The two
sources agreed, however, in estimating that Bolivia had the third largest area
under coca, estimated at 31 000 hectares by the UN and 34 500 hectares by the United States. Andean
aggregate potential production of pure cocaine was estimated in 2010 at between
788 and 1 060 tonnes by the UNODC and at 850 tonnes by the United States. Both estimates fall within the 800–1 000 tonnes range reported over the last
decade, reflecting a stable situation. According to the EMCDDA[22],
cocaine remains the most commonly used illicit stimulant drug in Europe, although most users are found in a small number of western EU countries. An
estimated 14.1 million European adults (15–64 years) have ever used the drug;
3.1 million in the last year. Recent data suggest declining use of cocaine,
with 11 out of 12 countries running surveys between 2011 and 2013 reporting
falls in prevalence among young adults (15–34 years). The Colombian
authorities reported that, according to the United Nations, in 2012 Colombia had the most significant reduction of illicit coca crops on record and showed a
10% decrease in cocaine production. The
Iberian Peninsula, particularly Spain, is the main entry point for cocaine
arriving to Europe. Linguistic ties and the presence of a large community of
Colombians in Spain attract Colombian OCGs. However, there has been an
unprecedented diversification of trafficking routes prior to the arrival of
cocaine in the EU. This is linked to a decline in the prominence of Colombia as a departure point for the drug and an increase in importance of other Latin American countries
such as Argentina, Brazil, Venezuela, Chile, Peru, Suriname and Ecuador. In
north-western Europe, the Netherlands and Belgium are key entry and
redistribution points for cocaine. Cocaine entering the EU via the Netherlands is destined primarily for the German and UK markets, and, to a lesser extent, France and Italy. The ports of Antwerp and Rotterdam continue to receive large volumes of drugs.
Significant amounts of cocaine are also directly imported to France, Germany, Italy and UK. In
recent years, substantial seizures, mostly in containers, have been made in
south-eastern Europe, at Black Sea ports and in the Balkans. This indicates
that these regions are becoming important entry points for cocaine. Cocaine is
also increasingly trafficked via Croatian ports. Recent
seizures in Latvia, Estonia and Lithuania demonstrate that ports in the Baltic
states are used both as entry points to the EU and as transit hubs for further
distribution towards developing markets in Eastern Europe, such as the Russian
Federation. There is also evidence of maritime transportation of cocaine to
ports in Ukraine and the Russian Federation. The
bulk amount of cocaine is imported by sea, usually in multi-ton loads. Large
quantities are transported in containers on legal commercial routes; this has
become the preferred smuggling method for cocaine in recent years. As part of
these shipments, cocaine from South America is concealed among a wide variety
of goods, such as tropical fruits (bananas, pineapples), canned foods, wooden
boards, and frozen fish. Some OCGs have infiltrated or even own plantations for
exotic fruits, packaging facilities and export companies, which they abuse as
front companies to traffic cocaine to the EU. Air
transportation remains important for the smuggling of smaller amounts on a
regular basis using air couriers and air freight. Colombia reported the arrests
of 100 Colombian cocaine couriers in 2013. The large majority was heading to Spain with drugs concealed in their luggage. Postal and fast parcel services appear to have
a growing significance for the smuggling of cocaine. Despite
a relative decline in influence, Colombian groups continue to play a key role
in the supply of cocaine for the European market. They have settled in the EU
to organise and facilitate their operations, and cooperate with many European
groups including Italian and Spanish criminal organisations. Many Italian OCGs
have strong links to Colombia and are heavily represented in this country.
Colombians are the largest group of foreign nationals investigated for cocaine
trafficking in Spain. Colombia has
recently noted an emerging production and distribution of synthetic drugs in
the country. Synthetic drug production is controlled by established OCGs that
have been involved in cocaine trafficking for many years. This development
indicates a shift towards poly-drug trafficking by groups that were previously
exclusively involved in the production and trafficking of cocaine.
3.2. Euro
counterfeiting
Several print
shops producing counterfeit euro have been dismantled in Colombia. In Colombia, at least 20 illegal print shops were dismantled, and more than EUR 26
million counterfeit notes seized, since 2006. The latest print shop discovered
was dismantled on 12 March 2014 in Bogotá, Colombia[23]. Europol
has supported numerous investigations of euro counterfeiting in Colombia. The
global acceptance of the euro as a stable currency with low exposure to
inflation is prompting the emergence of an increasing number of print shops
counterfeiting euro banknotes outside of the euro area, specifically with a
concentration in South America. The enlargement of the euro area may create new
opportunities for OCGs.
3.3. Organised
property crime
Colombian (and
Peruvian) citizens have been involved in distraction thefts at jewellery fairs
and banks in various countries within the EU (Austria, Belgium, Germany, France, Spain, Italy, Finland, Denmark, Norway and the Czech Republic). These
mobile organised crime groups (MOCGs) typically consist of around 10 persons,
operate with clearly divided tasks and rarely use violence or weapons. It is
difficult to establish the identities of the members of these groups due to
their undocumented status or use of fraudulently obtained documents, sourced in
other South American countries.
3.4. Facilitation
of irregular migration
Currently, Colombia is not an important source country for facilitated irregular immigration into the
EU. A visa waiver would provide opportunities for legal travel to the EU for
short stays. This will make the use of facilitation services into the EU
redundant and consequently an increase in the number of facilitated irregular
migrants from Colombia is not expected. While a
visa-free regime would eliminate the need for facilitation into the EU, migrants
may use facilitation services offered by OCGs to legalise long-term stay in the
EU. Irregular migrants from Colombia could make use of these services with the
expectation of being able to gain access to social benefits in EU destination
countries. Modi operandi for the legalisation of stay include the use of
fraudulent documents, marriages of convenience and the misuse of student visas. Nationals
of other South American countries are less likely to make use of visa-exempt
Peruvian or Colombian passports as most of the countries of the region already
benefit from visa-free regimes with the EU. Only nationals of Bolivia, Ecuador, Guyana and Surinam would still require visas if visa liberalisation becomes
effective with Peru and Colombia.
3.5. Trafficking
in human beings
Colombia is a
source, transit and destination country for the trafficking in human beings
(THB). Labour
exploitation is particularly prevalent in the mining and agriculture industries
while sexual exploitation of women is concentrated in urban areas and around
mining centres. Child begging and the sexual exploitation of children,
including child sex tourism, remains a problem in main urban areas and centres
of tourism. OCGs employ a number of modi operandi to recruit victims
including deceptive employment and education offers. Colombian
victims are trafficked internationally to other South-American countries, the
Caribbean, Asia and Western Europe[24].
Spain recently reported several cases of trafficking in human beings for
sexual exploitation orchestrated by Colombian members of large multi-national
OCGs. A network trafficking women to Europe and Asia for sexual and labour
exploitation and even organ trafficking was dismantled in Colombia in October 2013[25]. Most
victims of THB identified in the EU are EU nationals. However, Colombia was listed among the major non-EU countries of origin for victims identified in
the EU in 2010[26].
Colombian victims currently do not figure among the top nationalities for
Europol cases.
3.6. Cybercrime:
payment card fraud
Colombian OCGs
active in the EU are involved in payment card fraud through skimming, credit
card forgery and credit card fraud at points of sale (POS Fraud). Colombian
authorities have also reported a growing trade in data stolen through phishing
and the use of malware. One
OCG reported by Spain had divided its activities among specialised cells active
in different Member States. This OCG used ATM and POS skimmers to obtain card
data which then allowed the forging of credit cards. Once forged, the cards
were used for ATM and POS fraud in Colombia and Peru.
3.7. Money
laundering
OCGs exploit the
ability to transfer funds immediately in order to conceal their criminal
profits among the millions of legitimate financial transactions conducted on a daily
basis. Money
Service Businesses (MSBs) and Informal Value Transfer Systems (IVTS), also
known as Alternative Remittance Systems (ARS), continue to facilitate the
laundering of substantial sums of money. Colombian OCGs frequently make use of
such systems to transfer the proceeds of their criminal activities back to
their country of origin. They often conceal their identity by using other
people’s names or internet cafés. Additionally, cash is transported to South America via cash couriers or concealed in freight. Investments in real
estate and commercial companies in South America are frequently used to launder
money. It
is believed that some of the proceeds generated from the trafficking of drugs
by Latin American OCGs were used or are still being used to finance the FARC[27].
3.8. Trafficking
of firearms
In
2009, the number of illicit firearms in Colombia was
estimated to range between 800 000 and 2.4 million[28]. A significant proportion of the
weapons surrendered by the AUC between 2003 and 2008 were manufactured in
Europe, originating primarily from Bulgaria, Romania, Belgium and Germany. The presence of these firearms provides a strong indication that
firearms were trafficked from Europe to Colombia in the past[29]. Colombian OCGs and the FARC use
their contacts and networks for cocaine trafficking to engage with OCGs
involved in the trafficking of firearms and explosives. In the case of the
FARC, the organisation’s International Committee is responsible for
establishing such cooperation with other groups. Only one MS recently reported the
involvement of Colombian individuals in firearms trafficking. In this case,
Colombian nationals cooperated with OCGs in the UK and
were involved in the trafficking of firearms from Belgium and the Netherlands to the UK.
3.9. Terrorism
There is only
limited information available on the activities of terrorist groups originating
from Colombia
(FARC-Revolutionary Armed Forces of Colombia and ELN – National Liberation Army)
in the EU. The FARC have been known to seek political,
financial and technical support abroad. Both
organisations are since 2002 listed as terrorist organisations by the European
Union under the meaning of Regulation 2580/2001[30]. As
a destination market for cocaine, EU MS are an important source of revenue for
the FARC. In addition, the
International Committee of the FARC has developed several initiatives aimed at
raising political and social support for their ideology and activities in EU
MS. The FARC-associated Anncol News Agency based in Sweden and its website is a
prominent example of such activities in the EU. Despite clear links with the
FARC and the arrest and conviction of its founder and editor in 2011 (although
the individual in question was released some months later after being acquitted
by an Appeal Court), this propaganda outlet is still in operation. Open sources
indicate that the FARC maintains links to NGOs and citizen groups in the UK,
Belgium, the Netherlands, Italy, Denmark, Norway and Germany[31]. However,
the threat posed by FARC to the EU has been assessed as low. While the existence of such
platforms and connections may not have a direct impact on the security of
affected MS, they still provide opportunities for financing and recruitment of
EU citizens for these causes, even if these organisations are listed as
‘terrorist’ – financing them or recruiting for them are illegal under EU law. Finally,
it has been acknowledged that the EU-based terrorist groups, Euskadi ta
Askatasuna, Basque Fatherland and Liberty (ETA) and Irish Republican Army
(IRA) have provided technical support to the FARC through trainings on the use
and fabrication of explosive devices.
4. ECONOMIC
CONSIDERATIONS
4.1. Colombian
economy and trade – main indicators
The box below provides an overview of
the main indicators concerning Colombia’s economy and trade relations, in
particular with the EU[32].
Colombian
GDP has enjoyed during the last four years annual growth rates over 4%
and is considered to be one of the most dynamic economies in Latin America
and the Caribbean.
Colombia
is currently the third economy in Latin America and the Caribbean
after Brazil and Mexico.
IMF
established the growth forecast for Colombian GDP for 2014 and 2015
to be around 4.5%.
However,
Colombia's high dependence on a small base of commodity exports
leaves the country increasingly exposed to external conditions.
Colombian
foreign trade of goods has increased 3.5 times since 2004.
Colombia
has concluded several Free Trade Agreements in order to insert
itself in the Global Economy (EU, USA, Canada, EFTA, South Korea, Israel, Chile, Andean Community and Central America-5) and is currently negotiating
a multilateral Trade in Services Agreement (“TiSA”).
Colombia's
main export partners in 2013 were the US (31.8%), the EU-28 (15.8%)
and China (8.7%), whereas its main import partners were the US (27.6%), China (17 .5%) and the EU-28 (13.4%).
Bilateral
trade flows of goods between the EU-28 and Colombia have nearly tripled
since 2004, to reach EUR 7.7 billion of Colombian exports to the EU-28 and
EUR 5.8 billion of EU-28 exports to Colombia.
Annual
EU-28 Imports from Colombia have increased 62.4% in the last 10
years.
Annual
EU-28 Exports to Colombia have increased 67.2% in the last 10
years.
EU
exports to Colombia in 2013 consisted mostly of manufactured goods,
notably machinery (18.4%), pharmaceutical products (13.3%), aircrafts
(12.2%), electronic equipment (7.6%) and vehicles (5.9%).
EU
imports from Colombia in 2013 were dominated by primary products,
in particular mineral fuels and oils (77.4%), coffee (6.1%), bananas (5.6%),
ferronickel (1.7%) and flowers (1.3%).
Net
outflows of Colombian capital grew considerably in 2013,
reaching USD 13.6bn, compared with USD 3.3bn in 2012, mainly as a result
of direct investment by Colombian companies overseas in areas such as
financial services, mining and energy, retail, communications and
manufacturing.
According to the data above, Colombia is the EU's fifth trade partner in Latin America and the Caribbean and the main trade
partner in the Andean Community. The EU-Colombia Trade Agreement has been
applied since August 1, 2013, and trade flows of goods are expected to increase
in the upcoming years. Furthermore, Colombia, together with the EU, is amongst
the 23 WTO-members that are negotiating a multilateral ambitious Trade in
Services Agreement (“TiSA”), which includes a strong "mode 4"
component. Visa-free travel for Colombian businesspeople could lead to stronger
economic ties between Colombian and European companies, as for instance more
frequent participation of Colombian businesspeople in trade fairs in the EU
could result in more orders for products produced by European businesses.
4.2. Colombian
tourist flows towards the EU
The number of Colombian tourists in the
EU+ has been increasing in recent years. According to data provided by the
Colombian authorities, between 2008 and 2013 the increase in Colombian
tourists’ departures for EU+ countries was 27%, i.e. an annual growth of 5%. In
2013 the number of Colombian tourists departing for EU+ countries was 289 191,
up from 227 101 in 2008. In 2013 the main destinations were Spain (190 281), France (32 010), Germany (22 784) and Italy (14 734). Not surprisingly, the growth
rate of tourist departures to the EU+ countries seems to be closely correlated
to the growth of the Colombian GDP (about 4% annually in the last four years). According
to information obtained by the EU Delegation in Bogota, European airlines
flying the routes between Colombia and the Schengen area expect an increase in
the number of passengers between 10-20% if visa liberalisation becomes a
reality. This estimate, similar to the one reported by the Colombian
authorities to Frontex (+17%) is mainly based on increases observed in other routes
after visa liberalisation. In
any case, tourist flows from Colombia are increasing every year so visa
liberalisation would provide a boost to the already increasing tourist flows
between Colombia and the EU+. Based on these figures and past and estimated
future growth rates, it could be realistic to expect around 400 000 Colombian
tourists in 2016 in EU+ countries, assuming that 2016 would be the first full
year when visa-free travel would be a reality between Colombia and the Schengen
area. This figure could reach almost 500 000 in 2017[33]. [1] OJ L 149, 20.05.2014,
p. 67 [2] The source of all the
data in this subchapter is the DG HOME compilation of Schengen visa statistic
for the years 2010 to 2013, which can be found at the bottom of this page: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/index_en.htm
[3] In fiscal year 2013
the U.S. issued 441 865 “B” non-immigrant visas to Colombians (“B” visas are for
business and personal travel);
121 019 Schengen C visas were issued in Colombia in the year 2013. [4] Source: Eurostat [migr_pop1ctz]
data collection [5] France, Greece, Cyprus, Lithuania, Luxembourg and Malta did not provide data on resident population
but provided data on valid residence permits valid at the end of the year. The
figures for valid permits at the end of 2012 for Colombians in these Member
States have therefore been used to calculate the EU+ total. [6] See http://www.ine.es/prensa/np854.pdf [7] Source : Spanish
Ministry of employment and social affairs [8] Source : Spanish
Ministry of employment and social affairs [9] Source : IOM Colombia
Migration Profile (September 2013) [10] Source : Eurostat
[migr_resfirst] data collection [11] Source : U.S. 2012 Yearbook of Immigration Statistics. http://www.dhs.gov/sites/default/files/publications/ois_yb_2012.pdf [12] Source: Eurostat [migr_eirfs]
data collection [13] Source: Eurostat [migr_eipre]
data collection [14] It must however be
kept in mind that the population of Brazil is roughly 200 million, compared to
47 million for Colombia [15] Source: Eurostat [migr_eiord]
data collection [16] Source: Eurostat [migr_eirtn]
data collection [17] Spain and Colombia implement a bilateral migration agreement since 2001 that contains readmission
provisions: http://www.boe.es/diario_boe/txt.php?id=BOE-A-2001-12853
[18] Source of all the
data in this subchapter : Eurostat [migr_asyappctza] and
[migr_asydcfsta] data collections [19] This chapter covers
also UK and Ireland. [20] Europol Threat
assessment 2013 Cocaine and heroin trafficking to and in the EU [21] Available
at: http://www.emcdda.europa.eu/attachements.cfm/att_194336_EN_TD3112366ENC.pdf [22] European Drug Report 2014: Trends and
developments
available at: http://www.emcdda.europa.eu/news/2014/3 [23] A total face value of
counterfeit EUR 609 600, USD 900 000, 347 million counterfeit Colombian pesos
(value EUR 121 900), uncut sheets of counterfeit euro banknotes, in EUR 50 and
EUR 500 denominations, 41 fake Colombian ID cards and five counterfeit U.S.
visas, printers and computer equipment, guillotine cutters, plus other material
for producing counterfeit currency and documents, rolls of imitation security
thread, holographic foils, clichés and specialist paper were seized [24] US Department of
State Trafficking in Persons Report 2013, accessed at http://www.state.gov/j/tip/rls/tiprpt/ [25] Case presented during
the 82nd Interpol General Assembly held in Cartagena de Indias on 21-24 October 2013. Source:
Le Nouvel Observateur 23.10.2013, Colombie: réseau de traite humaine vers l’Europe et l’Asie démantelé, accessed at http://tempsreel.nouvelobs.com/monde/20131023.AFP9781/colombie-reseau-de-traite-humaine-vers-l-europe-et-l-asie-demantele.html [26] European Commission,
Eurostat, Trafficking in human beings, 2013, accessed at http://ec.europa.eu/anti-trafficking/download.action;jsessionid=LT0sT7LcJd1lr5mt19GSgcXCv8nds2vfVh0YyRp8DxWT10j1QyRq!1914918917?nodePath=/Publications/Trafficking+in+Human+beings+-+DGHome-Eurostat_EN.pdf&fileName=Trafficking+in+Human+beings+-+DGHome-Eurostat_EN.pdf&fileType=pdf [27] Spain indicts criminal group accused of financing FARC’, accessed at http://www.insightcime.org [28] Small Arm Survey
working paper 7, 2009, Surplus Arms in South America: A Survey, accessed at http://www.smallarmssurvey.org/fileadmin/docs/F-Working-papers/SAS-WP7-Surplus-Arms-in-South-America.pdf [29]
N. Urrutia, M.Ortega, G. Andrade, A. Vranckx, Arms Tracing : Perspectives on
control, traffic and use of illegal weapons in Colombia, 2009, accessed at http://www.ideaspaz.org/publications/posts/82 [30] Council Implementing Regulation (EU) No
125/2014 of 10 February 2014 implementing Article 2(3) of Regulation (EC) No
2580/2001 on specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Implementing
Regulation (EU) No 714/2013 OJ L 40 [31] Press reports of 2009
on content of computers seized during offensive against Raul Reyes (Ecuador, 2008). Source: Revista Semana 05.01.2009, The world of the FARC (part 1: Europe), accessed at http://www.semana.com/international/print-edition/articulo/the-world-of-the-farc-part-i-europe/98823-3 [32] All data in this section
include the UK and Ireland when reference is made to the EU. [33] Colombian official
data available at www.dane.gov.co suggest
that the average stay of Colombians travelling abroad is 21 days and that their
average expenditure by day (including transport to the place of travel) is
about EUR 300 per person. This means that an average Colombian would spend
about EUR 6 300 per trip abroad. If 500 000 Colombian tourists visit the EU+ in
2017, this would mean a total expenditure (not all of which would necessarily
be spent in EU+ countries, as it would also cover the air transport) of EUR
3,15 billion. This figure is quoted here for reference but is considered to be
too high.