annual report on migration and asylum policy · 2017-02-21 · migration, asylum and integration in...

46
1 THE POLICY REPORT IS FINANCED BY THE EUROPEAN COMMISSION AND THE MINISTRY OF INTERIOR OF BULGARIA Annual Report on Migration and Asylum Policy BULGARIA 2015

Upload: others

Post on 07-Apr-2020

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

1

THE POLICY REPORT IS FINANCED BY THE EUROPEAN COMMISSION AND THE MINISTRY OF INTERIOR

OF BULGARIA

Annual Report on Migration and

Asylum Policy

BULGARIA 2015

Page 2: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

2

EXECUTIVE SUMMARY

The 2015 Policy Report of the Bulgarian National Contact Point for the European Migration

Network provides an overview of the most important policy discussions and developments in the

area of migration, asylum and integration in Bulgaria in the year 2015. The report refers specifically

to measures taken by the Republic of Bulgaria to implement the Global Approach to Migration and

Mobility, the EU Action on Migration Pressures, the EU Strategy towards the Eradication of

Trafficking in Human Beings, the EU Agenda on Migration and the European Agenda for the

Integration of Third Country Nationals. The report provides overview of the institutional and legal

structures dealing with migration, asylum and integration and outlines the most important

institutional, legal and political changes in these policy areas on 2015.

The key debates in the area of migration, asylum and integration in 2015 focused on:

Balancing security and human rights concerns in the framework of the asylum regime and in

the context of increasing inflow of asylum seekers;

Protecting the borders of the Republic of Bulgaria as external EU borders in the context of

increased irregular migration pressure.

The key legal developments in the area of migration, asylum and integration in 2015 included:

Amendments to the Law on Asylum and Refugees transposing Directive 2011/95/EU on the

standards for the qualification of third-country nationals or stateless persons as beneficiaries

of international protection, for a uniform status for refugees or for persons eligible for

subsidiary protection, and for the content of the protection granted (hereafter ‘the

Qualification Directive’); Directive 2013/33/EU, which lays down the standards for the

reception of applicants for international protection; and Directive 2013/32/EU on the

common procedures for granting and withdrawing international protection;

Amendments to the relevant provisions of the Bulgarian Criminal Code raising penalties and

including new hypotheses of people smuggling;

Approval of draft Law on Labour Migration and Labour Mobility by the Council of

Ministers (Decision № 1018, 23 December 2015), submitted to Parliament and expected to

come into force in May 2016.

Amendment to the Instruction on the Co-operation between the Ministry of Defense and the

Ministry of Interior regulating the logistical support by the army to border police authorities

in guarding Bulgarian borders;

1. INTRODUCTION

This Policy Report is prepared in response to Section 9 subsection 1 of 2008/381/EC, Council

Decision of 14 May 2008 establishing a European Migration Network and the requirement for

provision by each National Contact Point of annual reports describing the migration and asylum

situation in the Member State, including policy developments and statistical data. This annual report

on the issues of migration and asylum (“Policy Report” for short) aims to meet the information

needs of Community institutions and of Member States’ authorities and institutions on migration

and asylum, by providing up-to-date, objective, reliable and comparable information on migration

and asylum, with a view to supporting policy-making in the European Union in these areas (Section

1 subsection 2 Council Decision 2008/381/EC).

The seventh EMN Policy Report for Bulgaria is structured on the basis of the guidelines specified

by the EMN. The 2015 Policy Report provides general overview of the most important political

developments and debates as well as the legal and policy changes and measures taken in the area of

Page 3: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

3

migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The

Report was compiled by the National Contact Point for the European Migration Network at the

Ministry of the Interior in Bulgaria.

Methodology

This Policy Report is based on data from a wide range of sources with the aim of providing up-to-

date, objective, reliable and comparable information on migration and asylum. All relevant

government agencies (Ministry of Interior, the State Agency for Refugees, the Ministry of Labour

and Social Policy, etc.) have been consulted in the process of compiling the information. It is based

largely on publicly available governmental documents, strategies, action plans, annual reports, grey

(unpublished) papers, etc. In some cases, relevant statements and publications by non-governmental

or international organisations have been used as well.

The legal parts of this report rely on free access and subscription-based legal information systems,

as well as the websites of the Bulgarian National Assembly and the institutions and organisations,

whose statements are cited.

The analysis of policy and legal debates is conducted on the basis of the available data and

sources, such as public statements by ministries and other relevant stakeholders, as well as

specialised and general media outlets.

Terms and Definitions

The terminology used in the report is based on the Glossary of the European Migration Network.

Any terms relating specifically to the legal situation in Bulgaria are generally explained within the

text or in footnotes.

1.1. Institutional Structure of Asylum and Migration Policy

In 2015, the structure of state institutions responsible for policy on migration and asylum was the

same as in the previous 2014.

The National Council of Migration and Integration (NCMI) was constituted in February 20151

succeeding the former National Council on Migration Policy (NCP) which was dissolved the

previous year (17.04.2014).2 NCMI is the collective consultative body for formulation and co-

ordination of the implementation of state policies in the sphere of management of migration flows

and the integration of foreigners who received international protection in the Republic of Bulgaria.

Co-chairs of the Council are the deputy prime ministers, respectively the Deputy prime minister and

minister of the interior and the deputy prime minister and minister of labor and social policy. The

structure of the new Council comprises the Deputy Ministers – of Labour and Social Policy, of the

Interior, of Justice, of Foreign Affairs, of Healthcare, of Education and Science, of Finance and the

chair of the State Agency for Refugees, the chair of the State Agency for Child Protection, together

with representative of the Governing Board of the National Association of Municipalities, deputy

chair of the State Agency for National Security, directors of Border Police and Migration

Directorates and the secretary of the National Anti-Trafficking Commission.3

1 Държавен вестник, бр. 12, 13.02.2015. Постановление на Министерски съвет № 21/05.02.2015 г. 2 NCP was established in the context of the National strategy in the field of migration, asylum and integration (2011-2020) and was

closed following Regulation N 86 of the Council of Ministers from 17.04.2014 (Държавен вестник, бр. 36, 25.04.2014).

3 http://nsmp.mvr.bg/Za_nas/sastav.htm

Page 4: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

4

The Ministry of Interior (MoI) has two main structures with competences regarding migration

policy formulation and implementation. The Migration Directorate (MD) is a specialized

structure within MoI, responsible for the coordination of migration processes and for the regulation

and control of the migration of third-country nationals residing in Bulgaria, for providing

administrative services to EU citizens, citizens of EEA states and the Swiss Confederation and deals

with foreign citizens subject to expulsion or compulsory transfer to the national border to a country

of origin or a third safe country. Migration Units are set up within the Regional directorates of MoI;

The General Directorate Border Police (GDBP) is responsible for border control, protection of

the state borders, counteraction of illegal migration and human trafficking. GDBP has regional units

– Regional Border Police Directorates (RBPD) – under the management of GDBP’s Director.

Within the Ministry of Foreign Affairs (MFA) the Consular Affairs Directorate and Bulgaria’s

representations abroad are responsible for the issuing of visas and for the interaction with the

competent Bulgarian institutions and the visa services of Member States regarding the

implementation of the visa regime, the issuance of national visas and of uniform Schengen visas

upon Bulgaria’s joining the Schengen Area. The Consular Affairs Directorate maintains the

National Visa Information System via the National Visa Management Centre and in accordance

with the EU and Schengen requirements and is responsible for its connection to the Visa

Information System of the EU, as well as for the set up and maintenance of a Visa Backup Centre.

Applications for long-term visas shall be deposited in consular offices but decisions on the issue

comply with the Migration Directorate and the State Agency for National Security.

The Ministry of Labour and Social Policy (MLSP) is responsible for formulating and

implementing the policy for receiving third-country nationals on the labour market, for signing

bilateral employment agreements and social security agreements with third countries, for assisting

Bulgarian nationals in other Member States and nationals of other Member States in Bulgaria in

exercising their employment and social security rights of EU citizens.

The National Employment Agency (NAP)is an executive agency under the Minister of Labour

and Social policy, which is responsible for the implementation of the policy for protection of the

labour market and for the regulated reception of third-country nationals for employment. The

Agency, through its regional offices, registers EU citizens looking for jobs in Bulgaria. It assists

Bulgarian nationals for employment abroad in line with Bulgaria’s international treaties and

employment agreements, as well as within the EURES (European Employment Services)

information and mediation network.

In the Ministry of Justice (MJ) the Bulgarian Citizenship Directorate has competences regarding

acceptance and verification of Bulgarian citizenship applications and proposals. It organizes the

coordination citizenship procedure at the inter-institutional level.

The State Agency for Refugees (SAR) at the Council of Ministers is a legal entity financed from

the state budget, seated in Sofia and having territorial units across the country. Its responsibilities

include decisions applications for international protection, cooperation with other EU Member

States relating to the application of the Dublin Convention and with other competent Bulgarian

institutions regarding refusals from granting status to asylum seekers. The Agency is headed by a

chairperson who provides guidance, coordination and control on the implementation of the state

policy for granting refugee and humanitarian status to foreigners in the Republic of Bulgaria. The

regional units of SAR include one transit and three registration-and-reception centers, with the one

in Sofia having three different units set in three different locations.

The National Commission for Combating Trafficking in Human Beings (NCCTHB) under the

Council of Ministers organizes and coordinates the interaction between various agencies and

organizations implementing the Law on Combating Trafficking in Human Beings. The Commission

Page 5: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

5

determines and manages the implementation of national policies in combating human trafficking.

An important part of Commission’s functions include the organization of information, education

and awareness campaigns among risk groups and the society at large.

The State Agency for National Security (SANS) is among the institutions responsible for

counteracting the migration pressure on Bulgaria associated with the possible establishment on

national territory of persons connected with international terrorist organizations or with organized

crime formations acting on Bulgarian territory.

The National Council on Labour Migration (NCLM) is chaired by the deputy Minister of Labour

and Social Policy and involves as its members representatives of the state (MJ, MFA, MoI, MES,

State Agency for Bulgarians Abroad (SABA)) the trade unions and the employers’ organizations.

The functions of NCLM include discussions and support to the implementation of country’s labor

migration policy, including the reception of foreign workers in the Bulgarian labor market.4

Commissions under the President of the Republic of Bulgaria

The Commission on Asylum is a body that supports the Vice President of the Republic, on whom

the President devolved the exercise of the functions within art. 98, item 10 of the Constitution of the

Republic of Bulgaria (Granting asylum). The Commission has advisory functions performed at

regular meetings. The Commission prepares a reasoned proposal regarding each application for

asylum submitted to the President of the Republic of Bulgaria. The Commission may invite

representatives of NGOs to participate in its meetings, without having the right to vote.

The Commission on Bulgarian Citizenship and Bulgarians Abroad is a permanent subsidiary

body to the Administration of the President that acts in an advisory capacity. The Commission

supports the Vice President of the Republic, to whom the head of state issued a decree devolving

the implementation of the functions in art. 98, section 9 of the Constitution of the Republic of

Bulgaria. The Commission assists the Vice President in the implementation of policy on Bulgarians

abroad.

Institutions with partial competence in the field of migration and asylum relevant to their specific

mandates are the Ministry of Economy, the Ministry of Education and Science, the Ministry of

Health, the State Agency for Child Protection and the State Agency for Bulgarians Abroad.

1.2. Structure of the Legal System in the Area of Migration and Asylum

The main laws in Bulgaria, related to the organisation of asylum and migration policy in the

country, are:

Law on Asylum and Refugees5; Law on Bulgarian Citizenship

6; Law on Bulgarian Identity Papers

7;

Law on Bulgarians Residing outside the Republic of Bulgaria8; Law on Combating Human

4 http://www.saveti.government.bg/web/cc_53/1

5 National Assembly of the Republic of Bulgaria (2002): Закон за убежището и бежанците [Law on Asylum and Refugees] (State

Gazette 54/31.05.2002), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:

http://lex.bg/laws/ldoc/2135453184 (7 March 2014)

6 National Assembly of the Republic of Bulgaria (1998): Закон за българското гражданство [Law on Bulgarian Citizenship] (State

Gazette 136/18 November 1998), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:

http://www.lex.bg/bg/laws/ldoc/2134446592 (7 March 2014)

7 National Assembly of the Republic of Bulgaria (1998): Закон за българските лични документи [Law on Bulgarian Identity

Papers] (State Gazette 93/11 August 1998), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian

at: http://www.lex.bg/bg/laws/ldoc/2134424576 (7 March 2014)

Page 6: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

6

Trafficking9; Law on Employment Promotion

10; Law on Entering, Residing and Leaving the

Republic of Bulgaria by the Citizens of the European Union and Their Family Members;11

Law on

Foreigners in the Republic of Bulgaria12

; Criminal Code,13

as regards the penalties for illegal

migration and human trafficking; Law on Recognition of Professional Qualifications14

as well as

their secondary legislation, the Organisational Rules of the institutions involved and the laws on

health, education and other spheres, where migrants have their respective entitlements. The

legislative framework on foreign investments is also relevant.

2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS

2.1. Political developments

Changes in the political and expert responsibilities for migration and asylum

In 2015 a number of institutional developments and shifts in competency in the area of migration

and asylum took place.

In February 2015 the National Council on Migration and Integration (NCMI), as the collective

consultative body for formulation and co-ordination of the implementation of state policies in the

sphere of management of migration flows and the integration of beneficiaries of international

protection, was re-constituted15

, succeeding the former National Council on Migration Policy

(NCP) which was dissolved the previous year (17.04.2014).16

In March 2015, Rymyana Bachvarova was appointed minister of the Ministry of the Interior,

following the resignation of the former Minister Veselin Vuchkov. Minister Bachvarova is also a

vice prime minister on coalition policy and state administration. In March 2015 Dimitar Georgiev

was appointed as the new Chairman of the State Agency for National Security. In May 2015

Nikolay Nikolov was appointed as the new director of the Migration Directorate of the Ministry of

8 National Assembly of the Republic of Bulgaria (2000): Закон за българите, живеещи извън Република България [Law on

Bulgarians Residing outside the Republic of Bulgaria] (State Gazette 30/11 April 2000), Sofia: National Assembly of the

Republic of Bulgaria, available only in Bulgarian at: http://www.lex.bg/bg/laws/ldoc/2134916612 (7 March 2014)

9 National Assembly of the Republic of Bulgaria (2003): Закон за борба с трафика на хора [Law on Combating Human

Trafficking] (State Gazette 46/20 May 2003), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian

at: http://www.lex.bg/bg/laws/ldoc/2135467374 (7 March 2014)

10 National Assembly of the Republic of Bulgaria (2002): Закон за насърчаване на заетостта [Law on Employment Promotion]

(State Gazette 112/29 December 2001), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:

http://lex.bg/laws/ldoc/-12262909 (7 March 2014)

11 National Assembly of the Republic of Bulgaria (2007): Закон за влизането, пребиваването и напускането на Република

България на гражданите на Европейския съюз и членовете на техните семейства [Law on Entering, Residing and Leaving

the Republic of Bulgaria by the Citizens of the European Union and Their Family Members] (State Gazette 80/3 October 2006),

Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:

http://www.lex.bg/bg/laws/ldoc/2135535758 (7March 2014)

12 National Assembly of the Republic of Bulgaria (1998): Закон за чужденците в Република България [Law on Foreigners in the

Republic of Bulgaria] (State Gazette 153/23.12.1998), Sofia: National Assembly of the Republic of Bulgaria, available only in

Bulgarian at: http://lex.bg/bg/laws/ldoc/2134455296 (7 March 2014)

13 National Assembly of the Republic of Bulgaria (1968): Наказателен кодекс [Criminal Code] (State Gazette 26/2 April 1968),

Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at: http://lex.bg/laws/ldoc/1589654529 (7

March 2014)

14 National Assembly of the Republic of Bulgaria (2008): Закон за признаване на професионални квалификации [Law on

Recognition of Professional Qualifications] (State Gazette 13/8 February 2008), Sofia: National Assembly of the Republic of

Bulgaria, available only in Bulgarian at: http://www.lex.bg/bg/laws/ldoc/2135579101 (7 March 2014)

15 State Gazette, бр. 12, 13.02.2015. Order of the Council of Ministers № 21/05.02.2015 г. 16 NCP was closed by Regulation N 86 of the Council of Ministers from 17.04.2014 (Държавен вестник, бр. 36, 25.04.2014).

Page 7: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

7

Interior. In January 2015 Nikola Kazakov was appointed the new chairman of the State Agency for

Refugees at the Council of Ministers. Mr. Kazakov had occupied the office between 2010-2013.17

In 2015 the Migration Directorate of the Ministry of Interior was re-established as a separate

structure, apart from Border Police General Directorate. According to Art. 37 of the Law on the

Ministry of Interior,18

the Migration Directorate is a separate legal entity, together with the

directorates general, regional directorates, some other key directorates, the MOI Academy and the

Ministry’s Medical Institute.

Due to the increased migration flow and specific challenges in border management, steps were

taken during 2015 to regulate the participation of the army in guarding Bulgarian borders. In

February 2015 an amendment was introduced in the Instruction on the Co-operation between the

Ministry of Defense and the Ministry of Interior.19

According to the new Art. 5a, armed forces, if

need be, support border police authorities in the monitoring and control over the state border against

illegal arms trafficking and armed provocations. In times of peace, armed forces may logistically

support police authorities, guarding the state border. Such tasks may include transporting people,

keeping and transporting material goods, technical assistance when repairing devices, evacuation of

devices and other property, exchange of experience and training of mechanical specialists and

operators of specialised technology, free provision of movable goods and other tasks in accordance

with legislation in force. For those joint actions, the Ministry of Interior and the Ministry of Defense

develop a joint operations plan, but military forces cannot be tasked with the powers of the

authorities under the Law on the Ministry of Interior.20

In 2015, the National Council on Migration and Integration (NCMI) updated and approved the

National Strategy in the Area of Migration, Asylum and Integration (2015 – 2020) (NSAMAI).21

The new national strategy is the framework document setting country’s priorities and goals in

migration management, including in the area of asylum and is grounded in the understanding that

the migration phenomenon is a source of work force needed for the national economy but also a

potential threat to the national security.

2.2. Overview of main debates in the area of asylum and migration

The public and political debates in the area of migration, asylum and integration in 2015 were

primarily focused on issues relating to asylum, and more particularly the access and treatment of

asylum seekers and refugees; and the nature of measures for countering irregular migration. The

unprecedented inflow of asylum seekers in Europe that took place in 2015 triggered heated public

and political debates on the relevance of asylum policy measures both at national and EU level. The

17 Mr. Kazakov was released from office in February 2016 and in March 2016 Petya Parvanova was appointed as Chairwoman of the

Agency.

18 Law on the Ministry of Interior, SG No 53 of 27 June 2014, Sofia: National Assembly of the Republic of Bulgaria, 2014, available

only in Bulgarian at: http://www.lex.bg/laws/ldoc/2136243824

19 Instruction No M-3 of 18 July 2011 on the co-operation between the Ministry of Defense and the Ministry of Interior, SG No 60 of

5 August 2011, available at http://www.lex.bg/bg/laws/ldoc/2135744408

20 At the beginning of 2016 Bulgarian army was officially tasked on legislative level with participation in the guarding of Bulgarian

borders (Law on Amending and Supplementing the Law on Defence and Armed Forces of the Republic of Bulgaria, SG No 17 of

2016, available only in Bulgarian at: http://www.parliament.bg/bg/laws/ID/29770). According to a new provision in the Law on

Defense and Armed Forces of the Republic of Bulgaria (Art. 57, par. 2-3), armed forces are given this task by an act of the Council

of Ministers, which also determines the financial and other resource allocation for their participation. The Minister of Defense

determines rules on the use of force during the implementation of those tasks upon proposal of the chief of defense.

21 Decision N 437 of the Council of Ministers from 12.06.2015, http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-

BG&Id=963

Page 8: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

8

main themes of discussion included: approval or disapproval of the “open doors” policy pronounced

by the German Chancellor Angela Merkel; the perceived negative impacts of refugee migration

stressed by some nationalist parties and justified with cultural and religious differences as well as

the unfavorable economic situation in the country. It should be noted that the terms “illegal

migrants”, asylum seekers and refugees are often mixed and confused in the anti-immigrant rhetoric

of these actors. Finally public debate revolved around justifications for or criticisms towards push

back policies of Bulgarian police authorities. A number of protests by some local communities in

the towns of Harmanli and Radomir expressed concerns with regard to prospective opening of

reception facilities on the territory of their municipalities.22

At the same time some civic actions or

processions were organized in support of refugees.23

3. INTERNATIONAL PROTECTION (ASYLUM)

3.1. Background and general context

Since 1993 when Bulgaria ratified the UN Convention Relating to the Status of Refugees and the

attendant Protocol from 1967, the country has faced a relatively low refugee inflow with an annual

average of 1000 asylum applications. Significant changes in these tendencies took place since 2013

with the increase in the inflow of persons seeking international protection into Bulgarian territory

mainly due to the wave of displaced persons fleeing from the conflict in Syria. The number of

asylum applications between 2012 and 2015 was increasing steadily with a total of 1 387

applications filed in 2012, a total of 7 144 in 2013, followed by 11 081 in 2014 and 20 391 in 2015.

Between 2013 and 2015 a total of 15 059 persons were granted international protection, of them 10

053 persons refugee status and 5 006 humanitarian protection.24

In 2015 there was an increase in the

number of asylum applications filed by Iraqi and Afghani citizens and some decrease in the

applications filed by citizens of Syria.25

In the context of the increased volume of asylum seekers in 2013 and 2014 the Bulgarian

government enacted speedy developments in a number of spheres in order to respond adequately to

the needs of the incoming asylum seekers in compliance with all related international standards and

obligations. Developments took place in the following spheres: expansion of the capacity of

country’s reception and accommodation facilities; assuring adequate humanitarian assistance

(including food, clothing, heating, medical care); speeding registration procedures and improvement

of the quality of status determination procedures; building the administrative capacity in the area of

reception and asylum procedure (appointment and training of new staff); establishment of new

expert administrative structures (in 2014) such as the Department “Information and Analyses”

within the International Affairs Directorate of SAR, later renamed to “Information about Countries

of Origin and Analyses” and the Department “Adaptation” within the newly established Social

Activity and Adaptation Directorate at SAR.

22PROTESTS IN HARMANLI ON 28 FEBRUARY 2015,HTTP://DARIKNEWS.BG/VIEW_ARTICLE.PHP?ARTICLE_ID=1401721, ANDON 1 MARCH

2015, TTPS://NEWS.BG/POLITICS/PROTEST-SRESHTU-BEZHANTSITE-SE-PROVEDE-V-HARMANLI.HTML, IN RADOMIR ON 22 OCTOBER 2015,

HTTP://NEWS7.BG, AND IN SOFIA ON 21 NOVEMBER 2015,HTTP://KANAL3.BG/NEWS/BULGARIA/SOCIETY/20057-PROTEST-V-SOFIYA:-VAN-

NELEGALNITE-IMIGRANTI-OT-BALGARIYA.

23 In Sofia on 10 July, http://www.dnevnik.bg/bulgaria/2015/07/10/2570104_dnes_shte_se_provede_protest_sreshtu_policeiskoto/,

and on 12 September 2015, http://novanews.novatv.bg/ 24 Official data provided by the State Agency for Refugees at the Council of Ministers, available at:

http://www.aref.government.bg/?cat=8, accessed on: 25 March 2016.

25 Official Letter from SAR, № РД13-131/ 28 March 2016. In the first trimester of 2015 the number of asylum applications by Iraqi

and Afghani citizens increased with 14.7% and 27.17 % respectively from the overall number of applications and in the last

trimester of the year by 46.5 % and 38.21% respectively. At the same the number of asylum applications by citizens of Syria

decreased with 45% in the first and 12 % in the last trimester of the year.

Page 9: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

9

3.2. Legal developments

In 2015, two sets of amendments and supplements to the Law on Asylum and Refugees (hereafter

‘LAR’) were adopted, one in October and one in December.

LAR amendments and supplements of October 2015

The first important set of amendments and supplements to the LAR was adopted on 2 October 2015

and came into force on 16 October. They serve to transpose Directive 2011/95/EU on the standards

for the qualification of third-country nationals or stateless persons as beneficiaries of international

protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for

the content of the protection granted (hereafter ‘the Qualification Directive’) as well as Directive

2013/33/EU, which lays down the standards for the reception of applicants for international

protection (hereafter ‘the Reception Conditions Directive’), into Bulgarian legislation. The

amendments brought Bulgarian legislation in line with EU law through introducing new provisions

in accordance with the standards of the Common European Asylum System and through

harmonising the already existing provisions.26

The newly drafted Article 1a introduces the two types of protection offered in Bulgaria, namely

‘international protection’ and ‘temporary protection’. Temporary protection is granted in the event

of a mass influx of foreigners who have been forced to flee their countries of origin because of an

armed conflict, civil war, foreign aggression or other gross human rights violations and who cannot

return there as a result (Art. 1a, par. 3). International protection is a new concept introduced into

LAR which transposes Article 2 of the Qualification Directive27

in relation to Article 78 of the

Treaty on the Functioning of the European Union.28

As defined in Article 1a (2) LAR, the term

‘international protection’ includes both refugee status and humanitarian status. With the adoption of

the new amendments, the subjects of protection as well as the grounds for granting international

protection were made more precise. Thus, refugee status in Bulgaria will be conferred upon a

foreigner who, owing to a well-founded fear of persecution based on race, religion, nationality,

political opinions or membership of a particular social group, is outside of their country of origin

and who, for those reasons cannot or is unwilling to avail themselves of the protection of that

country or return to it (Art. 8, par. 1). Humanitarian status, on the other hand, will be granted to a

foreigner who does not meet the requirements to obtain refugee status and who is unable or

unwilling to receive protection from their country of origin as a result of being exposed to a

considerable risk of harm such as death penalty or execution; torture, inhuman or degrading

treatment and punishment; or another serious threat to their life due to indiscriminate violence in

situations of international or internal armed conflict (Art. 9, par. 1).

In relation to improving the procedure for granting refugee status, the important concepts of

‘subjects committing persecution’29

and ‘actions of persecution’30

were made clearer. Regarding

26 Reasons of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 454-01-37. Available only in

Bulgarian at: http://parliament.bg/bills/43/454-01-37.pdf

27 Directive 2011/95/EU on the standards for the qualification of third-country nationals or stateless persons as beneficiaries of

international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of

the protection granted. Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:337:0009:0026:en:PDF

28 Treaty on the Functioning of the European Union, Article 78. Available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN

29 Accordingly, the amended law stipulates that ‘subjects committing persecution’ can be states; parties or organisations controlling

the state or substantial parts of its territory; or non-state actors in cases where the latter two subjects are unable or unwilling to

provide protection against persecution (Art. 8, par. 3).

Page 10: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

10

humanitarian status, the concept of ‘subjects committing gross violations’ covers the same actors as

the ones defined as ‘subjects committing persecution’ in relation to refugee status – namely, states,

parties or organisations controlling the state, or non-state actors (Art. 9, par. 2).

The newly amended version of the LAR also updates the criteria by which individuals may be

refused international protection. Article 12 of the LAR contains several new exclusion clauses

which complement the list of circumstances in which a foreigner will not be eligible to receive

protection (neither refugee nor humanitarian status), including those for whom there is a serious

ground for believing to pose a threat to public order or national security and those who pose a threat

to society by virtue of being convicted of a serious crime or genuine suspicions of having

committed such a crime (Art. 12, par. 1-2). The definition of ‘subsequent application for

international protection’ has also been elucidated with § 1(6) stating that such an application

constitutes a request filed by a foreigner who has not left the territory of Bulgaria after an already

terminated or withdrawn application for international protection or after the procedure for granting

protection has been completed by a final decision and the granting of status was rejected.

The other EU Directive which was at the core of the proposed changes to the LAR is the Reception

Conditions Directive, whose transposition was yet another step towards improvement of the

relevant Bulgarian legislation.

The rights and obligations of people seeking international protection were made more precise with

the amendments made in Articles 29, 30 and 30a. A new paragraph was added to Article 29 which

provides for the rights of those under procedure for determination of country competent to process

their application for international protection (Art. 29, par. 2). However, zones are introduced where

applicants may not be allowed or which they cannot leave (Art. 30).

Another new crucial provision is contained in Article 29 (3) which states that if within three months

of submitting an application for international protection, the proceedings have not been finalised

and no decision has been taken, provided that this is due to circumstances beyond the control of the

person who submitted the application, he or she will have the right to access the labour market in

Bulgaria, which includes the right to participate in any programmes or projects, financed by the

state or through international or EU funding. Further regulation is given to medical checks,

including to find out whether the foreigner belongs to a vulnerable group or has special needs.

Article 31 was amended to guarantee that every foreigner shall be informed, in a language that they

understand, of all rights and obligations arising from the granted international protection. In

addition, the article also ensures the equal rights and obligations of foreigners who have been given

asylum and foreigners who have received refugee status. Article 32, on the other hand, was revised

to ensure the equal rights and obligations of foreigners who have been granted humanitarian status

and foreigners with a permanent residence certificate.

The integration agreement between authorities and persons having received international protection

is introduced in the new Art. 37a and will be further regulated in secondary legislation.

A new section of the law was introduced which regulates the measures applied to foreigners seeking

international protection (Art. 45a-45f). Article 45a stipulates that the Chairman of the State Agency

for Refugees or another authorised officer of the Agency may order for the compulsory appearance

of an asylum seeker every two weeks throughout the proceedings phase before an official of the

30 ‘Actions of persecution’ are defined as physical or mental violence, including sexual violence; legal, administrative, judicial or

police measures which are discriminatory in essence or applied in a discriminatory manner; disproportionate or discriminatory

prosecution or punishment; denial of judicial redress, expressed in disproportionate or discriminatory punishment; prosecution

or punishment for refusal to perform military service in times of a conflict, where that service would involve committing

criminal acts; actions directed against children or against persons based on their gender (Art. 8, par. 5).

Page 11: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

11

agency in order to verify their location and to ensure their participation in the process. When this

measure cannot be implemented, the State Agency for Refugees is granted the power to temporarily

place an asylum-seeker in a closed-type centre for the shortest possible time and only after a careful

consideration of the circumstances of each case. The criteria upon which such a decision will be

based are listed in Article 45b (1) and include: establishing or verifying the identity of the asylum

seeker, determining the facts and circumstances on which his/her application is based if this cannot

be done otherwise or if there is a risk of absconding, and when this is needed for protection of

national security and public order, for determination of the country competent for processing the

application for international protection and transfer of the foreigner in the competent country.31

However, there is an additional provision in the newly created Article 45b which guarantees that an

asylum seeker cannot be detained in a closed-type centre solely based on his application for

international protection. Placement continues until the grounds for it exist, but checks are

periodically made for their continued existence and the placement decision may also be reviewed

upon motion by the person placed (Art. 45d). Every decision of the Agency to detain an asylum

seeker can be appealed under the general procedure of the Bulgarian Code on Administrative

Procedure (Art. 45c, par. 5) and if it is established that the detention has been unlawful, the detained

asylum seeker is immediately released (Art. 45d, par. 6). Moreover, even if any of the criteria

enumerated in section 1 of the Article is present, the decision to detain an asylum seeker can only

be reached after a careful consideration of whether the person in question belongs to any of the

categories of ‘vulnerable people’ (Art. 45c, par. 2). Article 45e (1) of the LAR transposes important

provisions of the Reception Conditions Directive by enumerating a number of rights that foreigners,

seeking international protection, accommodated in closed type centers, are entitled to, such as

access to open space, visits from family members, the right to privacy, access to legal aid and

meeting with lawyers, representatives of non-profits and international organisations, and the right to

be informed in a language legible for them, about the internal rules and regulations of the detention

centre in which they have been accommodated, as well as their rights and obligations. Paragraph 3

of the same article envisions monitoring and adequate assistance to vulnerable groups of people

who have been detained.

LAR amendments and supplements of December 2015

Another set of amendments to the LAR was adopted in December 2015 to transpose into Bulgarian

legislation Directive 2013/32/EU on the common procedures for granting and withdrawing

international protection32

(hereafter the ‘Common Procedures’ Directive) whose main objective is

to further develop the standards and procedures for granting and withdrawing international

31 This provision has been a subject of criticism by the UNHCR Representation in Bulgaria - Open Letter from the UNHCR

Representation in Bulgaria to the Law Commission of the Bulgarian Parliament on the Draft Amendments to the Law on

Asylum and Refugees No 454-01-37. Available at:

http://www.parliament.bg/pub/cW/20150123013341Komentari%20VKBOON_ZID%20ZUB454-01-37.PDF; the International

Detention Coalition - Open Letter from the International Detention Coalition to the Law Commission of the Bulgarian

Parliament on the Draft Amendments to the Law on Asylum and Refugees No 454-01-37. Available at:

http://www.parliament.bg/pub/cW/20150511030700PG-539-00-70_8.05.15.pdf; Centre for Legal Aid ‘Voice in Bulgaria’ -

Open Letter from the Centre for Legal Aid “Voice in Bulgaria” to the Law Commission of the Bulgarian Parliament on the

Draft Amendments to the Law on Asylum and Refugees No 454-01-37. Available at:

http://www.parliament.bg/pub/cW/20150427043516PG-535-00-9_27.04.15.pdf; and the Bulgarian Helsinki Committee - Open

Letter from the Programme for Legal Protection of Refugees and Migrants of the Bulgarian Helsinki Committee to the Law

Commission of the Bulgarian Parliament on the Draft Amendments to the Law on Asylum and Refugees No 454-01-37.

Available at: http://www.parliament.bg/pub/cW/20150427042636%D0%9A%D0%9F-539-00-7...21.04.2015.pdf They

welcomed the Parliament’s initiative to amend the LAR by transposing important pieces of EU legislation and clarifying the

fundamental rights of refugees and asylum seekers, but expressed the view that detention of persons seeking international

protection is an unnecessary measure and pointed out that EU law does allow it but without explicitly requiring that Member

States implement it.

32Directive 2013/32/EU. Available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN

Page 12: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

12

protection status in Member States with a view to establishing a common asylum procedure in the

EU.

By transposing the procedures of the directive into Bulgarian legislation, the grounds on which the

two different types of protection can be suspended or revoked as well as the termination of the

procedure for granting international protection were clarified (Art. 13).

In addition, Article 75 (1) was amended to extend the procedure for granting international

protection from 3 to 6 months in order to ensure the complete and thorough examination of all

received applications. The provisions regarding the rights of asylum seekers, the access to personal

files and the conducting of interviews were made more precise. A new article was added to ensure

the right of asylum seekers to access to their personal files containing all compiled information on

the basis of which the decision whether to grant or deny international protection will be based (Art.

29a). This article contains several exclusion clauses which deny the right to access in cases where

the disclosure of such information would pose a threat to national security, where it would hinder

the process of further examining the application and where it could jeopardise international

relations with other EU Member States. Additional sections were created to ensure the

comprehensive examination of applications such as introducing the possibility for the interviewer to

consult with an expert on certain medical, psychological, cultural or religious issues as well as

his/her right to request a medical examination of the asylum seeker in order to find evidence of

serious bodily harm and thus establish past persecution (Art. 61, par. 5-6). Article 63a, par. 10 was

amended to grant the right of both the legal representatives of unaccompanied minors and the

attorneys of asylum seekers to be present at interviews and to express opinions or ask questions.

Strict deadlines were introduced for registering applications. Article 61 (2) of the LAR stipulates

that a foreigner applying for international protection shall be registered at the State Agency for

Refugees not later than 3 days after the filing of the application. However, if an application was

made before another body, it is then obliged to send it to the Agency which carries out the

registration within 6 work days after the initial filing of the application (Art. 58, par. 4).

Furthermore, a provision was created to ensure that asylum-seekers are informed about the

procedures for applying for international protection that they would need to follow and any

consequences that these provisions might entail (Art. 58, par. 5). An additional provision was

drafted stipulating that if there are any signs that a foreigner at the border checkpoints and transit

zones or those held in detention centres or accommodated at the reception centres may wish to

apply for international protection, they shall be provided with accurate and detailed information

about the possibility to do so and, if there is a need, translation shall be provided in order to

facilitate the procedure (Art. 58, par. 6).

Amendments were introduced in the provisions on the accelerated procedure (Art. 68 et seq) by

updating the previously existing grounds for establishing that an application is manifestly

unfounded, in compliance with the provisions of the Directive, and extended the deadline for

reaching a decision in an accelerated procedure from 3 to 10 working days in order to ensure a more

thorough examination of applications (Art. 70, par. 1). Furthermore, the process of examining

applications is optimised by cancelling the practice of mandatory determination of the Member

State competent and responsible for examining an application for international protection and

instead providing that such practice will only be carried out by decision of the interviewing

authority and if there is clear evidence of the competence of this other Member State to examine the

application (Art. 67a).

Page 13: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

13

A new section on preliminary considerations was created which introduces an admissibility

procedure and allows for substantial procedural economy (Art. 76b, par. 1).33

Finally, in compliance

with the Common Procedures Directive, Article 23 (3) of the LAR grants effective access of the

UNHCR, non-governmental organisations, governmental organisations and persons providing legal

aid to asylum seekers at the border checkpoints and the transit zones. This is a significant addition

to the law which guarantees that asylum seekers are able to enjoy the right to information and the

right to legal aid.

Through the adoption of the two amendment packages to the Law on Asylum and Refugees in

October and December 2015, Bulgaria not only fulfilled its commitments arising from its

membership in the EU, but also significantly improved its Law on Asylum and Refugees by filling

a number of existing legislative gaps in this area, synchronising some important concepts and

introducing provisions that contribute to a more effective carrying out of the procedures for granting

international protection in respect for the fundamental rights of those seeking protection while at the

same time ensuring that public order and national security are not jeopardised.

In December 2015 an interagency work group started to elaborate a draft Ordinance under Art.37a

of the Law on Asylum and Refugees for regulating the conditions for persons granted international

protection to be included in an integration programme. An Integration Agreement is foreseen to be

signed between the persons granted international protection and a municipality willing to assist their

integration. It is expected for the Draft Ordinance to be adopted until end of May 2016.

3.3. Policy developments

3.3.1. International protection procedures and reception of applicants of

international protection

In 2015, the National Council on Migration and Integration (NCMI) started a working group which

drafted the new National Strategy in the Area of Migration, Asylum and Integration (2015 –

2020).34

The new national strategy is the framework document setting country’s priorities and goals

in migration management, including in the area of asylum/ international protection.

Improving the quality of international protection procedures

According to the Law on Asylum and Refugees (Art. 58 (4)) asylum application can be submitted at

another state body which is obliged to send it to the State Agency for Refugees (SAR) which in turn

shall register the application within 6 working days after the failing of the application.

Deadlines for registration of application for international protection, prescribed in LAR, are in

accord with Directive 2013/32/EU. With regard to subsequent applications, a procedure is

prescribed requiring prior consideration of admissibility before registration.

Foreigners seeking asylum and those who are beneficiaries of international protection have the right

to assistance by UNHCR and other state and NGO bodies at any stage of the international

protection procedure.

33 Reasoning of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 502-01-68. Available only in

Bulgarian at: http://parliament.bg/bills/43/502-01-68.pdf

34 Decision N 437 of the Council of Ministers from 12.06.2015, http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-

BG&Id=963

Page 14: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

14

The European Commission’s Urgent Measures Agreement, signed on 29 May 2015 allocated EUR

4,1 million euro to Bulgaria to be used in 12 months for translation services, administrative capacity

to speed up asylum procedures, shelters and technical aid as well as for improvement of refugees’

living conditions and health insurance.35

With the aim to improve the quality of the asylum procedure a number of trainings were conducted

in 201536

including training on the amendments of LAR for interviewers and registration officials at

the registration reception center in Harmanli and the transit center in the village of Pastrogor.

Training on interviewing techniques was conducted for interviewers from registration reception

centers in Harmanli and in the village of Banya and from the transit center in the village of

Pastrogor. In addition, training was conducted for interviewers from the registration reception

center in Harmanli on the preparation rejection decisions along regular procedure. In addition

officials from СДВНЧ-Бусманци took part in UNHCR training seminar on the Dublin and Eurodac

regulations. UNHCR together with SAR representatives organises regular trainings for officials

from Chief Directorate “Border Police”, Ministry of the Interior on access to procedure for

international protection.

In 2015 the SAR country of origin information experts (COI experts) took part in a number of

trainings, seminars and conferences on the preparation of information on countries of origin. In

addition, they took part in training of national experts organised by EASO. Information on countries

of origin is being prepared by the Bulgarian COI experts in accord with the EASO Methodology for

COI preparation. In 2015 the COI experts have prepared 207 responses to specific COI questions

and 3 bulletins.

Reception of applicants of international protection

Accommodation capacity in country’s reception and transit centers is 5 130 places.37

In mid-year

however, the SAR chair stated that a total of 7000 persons could be accommodated under SAR

auspices and additional 800 places in mobile modules can be provided in case of emergency

influx.38

In 2015 a total of 27 439 persons were accommodated in the reception and registration

centers of SAR, of them a total of 27 280 persons left the centers within the same year, of them 5

076 were beneficiaries of international protection.39

In 2015 a challenge was faced whereas asylum seekers who express wish to file asylum application

at state institution other than SAR – when he/ she is referred to SAR the person refuses registration

due to the fact that biometrical data has to be taken, therefore leaves the respective SAR facility.

35 Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 12.

36 Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет за 2015 г. [Report on the

Strategic Goals of the State Agency for Refugees with the Council of Ministers for 2015], София, available at:

http://www.aref.government.bg/?cat=8, visited on: 24.03.2015.

37 МВР, Месечна информация относно миграционната обстановка в Република България към месец декември 2015 г.

[Monthly information regarding the migration situation in the Republic of Bulgaria at the month of December 2015], available

at: http://www.mvr.bg/NR/rdonlyres/3BFDD98B-84B0-4906-96BD-

52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf, visited on: 21 март 2016 г.

38 www.focusnews.net, Никола Казаков: 1200 са свободните места за настаняване на бежанци, има възможност за разкриване

на още, 18.08.2015 г. [Nikola Kazakov: the vacant places for accommodation of refugees are 1 200 and there is an opportunity

to secure more, 18.08.2015].

39 МВР, Месечна информация относно миграционната обстановка в Република България към месец декември 2015 г.

[Monthly information regarding the migration situation in the Republic of Bulgaria at the month of December 2015], available

at: http://www.mvr.bg/NR/rdonlyres/3BFDD98B-84B0-4906-96BD-

52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf, visited on: 21 March 2016.

Page 15: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

15

Relocation

Following Council Decisions 2015/1523 from 14 September 2015 and 2015/1601 from 22

September 2015 for establishing provisional measures in the area of international protection for the

benefit of Italy and of Greece, the Bulgarian government informed the European Commission (on

24 September) that the national contact for administrative cooperation under the relocation

procedure will be SAR. The Bulgarian government approved National Mechanism for

Implementation of the Engagements of the Republic of Bulgaria under Council Decision

2015/1523/EC and Decision 2015/1601/EC.40

Accordingly the government took the responsibility

to take a total of 1302 persons from Italy and Greece, 100 persons in 2015, 500 persons in 2016 and

702 persons in 2017 (in compliance with Decision 2015/1523 and Decision 2015/1601).41

The

government set the following preferences with regard to the profile of applicants to be accepted for

relocation in the country: to be citizens of Syria; preferaby families; people with professional and

educational qualification responding to the needs of the Bulgarian labor market; avoid

unaccompanied minors as the legal framework for representation in the country is new and not

tested in practice.42

Participation in EASO Activities

The implementation of the EASO Special Support Plan to Bulgaria started successfully in January

2015 and a number of measures have been implemented in the course of 2015 in support of the

Bulgarian asylum system, in particular in the following fields: in relation to reception and social

assistance to persons seeking international protection; quality of the procedure for international

protection; identification and referral of vulnerable persons; capacity building in the sphere of

country of origin information; procedural guarantees and better reception conditions for children

and unaccompanied minors; development and implementation of methodology and trainings

regarding age determination of asylum seekers. In total, eleven EASO missions were carried out in

Bulgaria. Twelve staff members of SAR were trained under modules of the EASO Training

Curriculum, while other six people participated in study visits to other Member States in order to

exchange experience and good practices in relation to priority issues such as those concerning

vulnerable persons, unaccompanied minors and guardianship and the Dublin procedure.

During 2015 SAR increased its national expert pool for support in the field of international

protection from 1 to 11 experts. In addition SAR deployed experts to participate in working groups

for development of handbook for identification of persons with special needs and a handbook for

terms of reference for the functioning of the EASO network of national Dublin units.

In December 2015, SAR staff members participated as trainers, jointly with EASO experts, in an

introductory training of 24 newly appointed staff of SAR. The training was organized by EASO in

accordance with the Special Support Plan to Bulgaria.

40 Министерски съвет, Решение № 858, 4.11.2015 г. За одобряване на Рамка на националния механизъм за изпълнение на

ангажиментите на Република България по Решение 2015/1523/ЕС и Решение 2015/1601/ЕС [Council of Ministers, Decision №

858, 4.11.2015 г. For approval of National Framework Mechanism for implementation of the engagements of the Republic of

Bulgaria under Decision 2015/1523/ЕС and Decision 2015/1601/ЕС], available at: http://nsmp.mvr.bg/NR/rdonlyres/810F96A5-

987C-45E9-B662-CB01B68E0B3D/0/RMS_relokaciya.pdf, visited on: 23 March, 2016=

41 Рамка на националния механизъм за изпълнение на ангажиментите на Република България по Решение 2015/1523/ЕС и

Решение 2015/1601/ЕС [National Framework Mechanism for implementation of the engagements of the Republic of Bulgaria under

Decision 2015/1523/ЕС and Decision 2015/1601/ЕС]; Решение на Министерския съвет за одобряване на Рамка на Национален

механизъм за изпълнение на ангажиментите на Република България по Решение (ЕС) 2015/1523 [Decision of the Council of

Ministers for approval of National Framework Mechanism for implementation of the engagements of the Republic of Bulgaria under

Decision 2015/1523/ЕС] available at: http://nsmp.mvr.bg/Dokumenti/nacionalen_mehanizum_relokaciya.htm (23 March, 2016). 42 Предпочитания по отношение на лицата, които ще бъдат преместени в Република България в изпълнение на Решение

2015/1523/ЕС и Решение 2015/1601/ЕС [Preferences regarding persons who will be relocated in the Republic of Bulgaria in

compliance with Decision 2015/1523/EC and Decision 2015/1601/EC], available at:

http://nsmp.mvr.bg/Dokumenti/nacionalen_mehanizum_relokaciya.htm, visited on 23 March, 2016.

Page 16: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

16

3.3.2. Integration of asylum seekers and persons with international protection

status

In December 2015 г. an inter-institutional working group was constituted for development of

project for Ordinance (in accordance with art. 37a of LAR) regulating the conditions for inclusion

into integration program of beneficiaries of international protection. Foreseen is the conclusion of

individual integration agreement between the person and the Municipality, wishing to assist his/her

integration. The Regulation is expected to be accepted by March 2016.

Throughout 2015 integration activities for asylum seekers and beneficiaries of international

protection have been conducted mainly within the framework of registration and reception centers

of SAR. Presently SAR manages three registration reception centers, one in Sofia, including three

sub-centers in three different localities (Ovcha Kupel, Voenna Rampa and Vrazhdebna), one in the

village of Banya and one in the town of Harmanly. In addition, SAR operates one transition center

in the village of Pastrogor. Within the framework of these centers Bulgarian language courses and

various integration activities (sport, child care activities, ect.) have been provided by external NGO

providers such as “Arabis”, CVS, Caritas Sofia, the “Right to Choice” Association and FICE

Bulgaria.43

Integration services, including consultations, social services related to initial adaptation

and integration of asylum seekers have also been provided by teams of social experts in the

registration-reception centers of SAR. In addition, social work in the reception and registration

centers is facilitated by trained social and health mediators coming from refugee communities. In

view of identification of vulnerable asylum seekers, assessment of needs, and timely referral to

specialised services, in 2015 a practice was introduced of social experts from SAR to be present at

the registration of asylum seekers.

In March 2015 SAR terminated the provision of monthly social allowance (to the amount of BGN 65) to

asylum seekers accommodated in reception centers.44

As of mid-August 2015 SAR started short-term

accommodation of newly recognised refugees and humanitarian status holders, the support lasting in an

average up to 3 months with other incumbent expenses such as rent deposits, clothing, mattresses and

bed linen, kitchenware and utilities (heating, electricity, water) not being covered.45

Employment

To facilitate the access to employment for asylum seekers an amendment of LAR (Art. 29, 3) was

introduced (Oct. 2015) according to which an asylum seeker receives the right to work in case

his/her procedure is not finalised within three months from registration. As per the previous legal

setting access to work to asylum seekers was allowed only if their asylum procedure was not

finalised within 12 months. In 2015 a total of 52 employers have announced at SAR that they have

free work placements.

In 2015 a data base was established containing the professional and educational profile of asylum

seekers as well as data about employers and small and medium business entities offering job

positions.46

43 Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет за 2015 г. [Report on the

Strategic Goals of the State Agency for Refugees with the Council of Ministers for 2015], София, available at:

http://www.aref.government.bg/?cat=8, last visited on: 24 March 2015.

44 Order N03-310 of 31 March 2015 of the Chairperson of the State Agency for Refugees (enforced retroactively as of 1 February

2015) – cited in: Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 13.

45 Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 13.

46 Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет за 2015 г. [Report on the

Strategic Goals of the State Agency for Refugees with the Council of Ministers for 2015], София, available at:

http://www.aref.government.bg/?cat=8, last visited on: 24 March 2015.

Page 17: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

17

Health care services

In 2015 SAR has implemented the Ministry of Health’s Recommendation for minimal health

requirements and minimal medical equipment of the health cabinets in all territorial units of SAR.

SAR has reported to have secured the needed sanitary-hygienic conditions and antiepidemic work

mode. In the registration and reception center in the town of Harmanli one dental cabinet and two

general health care cabinets were equipped together with specialised medical vehicle which is used

for transportation of asylum seekers with health needs to specialised health care facilities. A

cooperation between SAR and the Red Cross as well as with other donors is developed for the

supply of medicines to the SAR health care cabinets.

Relocation

The Framework of the National Mechanism for Implementation of the Engagements of the Republic of

Bulgaria under Council Decision 2015/1523/EC and Decision 2015/1601/EC includes an integration

scheme whereas different integration responsibilities are allocated to respective institutions: Ministry of

Labor and Social Policy (MLSP) – access to the labor market and access to social support schemes;

Ministry of Education and Science (MES) – access to education; Ministry of Health (MH) – access to

health care services; Local Municipalities – access to housing.47

No asylum seekers have been relocated

under EC Decisions 2015/1523/ EC and 2015/1601/EC to Bulgaria. In early 2016 (on 15 February 2016)

the first two persons from Iraq were relocated who have been placed in the SAR registration and

reception in Sofia (Vrazhdebna).

4. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS

4.1. Background and national context

Between 1993 and 2013 Bulgaria has received a low inflow of unaccompanied minors. Some

increase in the number of UAM has been witnessed since 2013 as result of the increased inflow of

refugees from Syria, seeking international protection. Respectively, since 2013 the Bulgarian

government develops policy measures in the area of reception, protection and assistance to

unaccompanied minors which include: building inter-institutional procedures and coordination;

building administrative capacity for meeting the international standards in working with

unaccompanied minors; exchange of experience; improvements in assistance measures to UAMs

4.2. Legal developments

Minors and other vulnerable groups

Minors and other vulnerable groups have received substantial attention in one of the substantial

amendment packages to the Law on Asylum and Refugees, adopted in 2015. Amendments in

Article 25 of the LAR make long awaited important changes in relation to the representation of

unaccompanied minors who are seeking or who have already received international protection

status by stipulating that a legal representative from the municipal administration, determined by the

mayor of the respective municipality, shall be appointed to them. According to the law, any

representative of a minor, whether it is their blood relative or an appointed official from the

municipal administration, shall have certain responsibilities such as representing that minor before

all administrative bodies (social, health, educational and other institutions), defending their interests

47 Рамка на националния механизъм за изпълнение на ангажиментите на ангажиментите на Република България по Решение

2015/1523/ЕС и Решение 2015/1601/ЕС, Приложение 4. [National Framework Mechanism for implementation of the

engagements of the Republic of Bulgaria under Decision 2015/1523/EC and Decision 2015/1601/EC].

Page 18: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

18

in any proceedings for granting international protection until a final decision is reached and taking

action to provide any necessary legal assistance until the coming of age of the minor.

Art. 26 of LAR was amended to reiterate the equal access of minors and juveniles seeking

international protection and of all foreigners having received such protection to education under the

same conditions as those for nationals. Importantly, new provisions were created, prohibiting the

delay of over three months after the submission of the international protection application of the

access to education for minors and juveniles seeking protection. The conditions for granting

education are to be regulated by the Minister of Education and Science and the Chair of SAR.

Options for exercising regulated professions are given in accordance with the Law on Recognition

of Professional Qualifications.

The idea of the best interest of the child in accordance with the Law on the Protection of Children

was introduced by amending Art. 6a and also inserting paragraph 10 into Article 29 which states

that the best solution should be found when it comes to determining where an unaccompanied

minor should be accommodated by taking into account the minor’s own opinion, and where

possible, not separating them from any of their siblings. An additional provision looking at the

wellbeing of children who are unaccompanied minors was amended to specify that such individuals

should be put at the care of a family who are their relatives, or at the care of foster parents, social

services or another specialised institution in accordance with the relevant provisions of the Law on

Child Protection, or where this is not possible, in other accommodation centres designed to host

minors (Art. 29, par. 9). Finally, Article 30a was amended to explicitly state that all provisions

contained in the section designated on the rights and obligations of those seeking international

protection shall be applied taking in the account the specific needs of vulnerable people.

As part of the transposition of the Reception Conditions Directive in the LAR (please see section on

asylum), special attention has been paid to the concept of ‘vulnerable groups’ under the scope of

which fall minors, unaccompanied minors, disabled people, the elderly, pregnant women, single

parents with minor children, victims of trafficking, individuals with serious health problems,

individuals with mental disorders and those who have suffered torture, rape or other serious forms

of psychological, physical or sexual abuse (par. 1, item 17, Additional provisions). A new article

was created stating that all officials working in reception centres shall receive appropriate training

on the needs of people seeking international protection, and especially on the special needs of

vulnerable people, in order to guarantee a more effective provision of services (Art. 6, par. 3).

As for placement in closed-type centres (please see section on asylum), minor and juveniles in need

of international protection may be placed in such only as an ultimate measure to keep family unity

or ensuring their safety and security, for the shortest possible time, with all effort to place them at

premises suitable for them (Art. 45е, par. 1, LAR). Minors and juveniles in SAR centres are given

access to education and activities in their leisure time, including games and entertainment (Art. 45е,

par. 2). Family unity is always kept (Art. 45е, par. 3). Women are placed separately from men,

unless they are from the same family and have expressly agreed to be together (Art. 45e, par. 4).

Stateless persons

Draft amendments to the Law on Foreigners were prepared in 2015.48

A substantial part of the

amendments concern the regulation of the status of stateless persons in accordance with the 1954

Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction

of Statelessness, which Bulgaria ratified in 2012 and which are fundamental international

instruments, regulating the situation of stateless persons and ensuring that they will enjoy

48 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in

Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

Page 19: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

19

fundamental rights and freedoms without discrimination. On the other hand, the common EU

policies on citizenship and stateless persons are supposed to reduce secondary mobility within the

Schengen area and will increase trust among the Member States. Given that the national legislation

does not regulate this issue, the necessary steps were undertaken toward the establishment of a

procedure for determining the status of stateless person. A working group made an analysis of

European best practices and supported the position that it is appropriate to adopt the practice of

Hungary. The necessary legislative changes were prepared in order to establish conditions and

procedures for issuing travel documents for stateless persons having such status granted by the

Bulgarian authorities and legal grounds to be granted permanent or long-term residence in the

Republic of Bulgaria, as well as for persons with statelessness status granted by another state, who

are permanently or long-term residents of the Republic of Bulgaria and are not able to renew their

travel documents in the state having initially issued the document for compelling reasons.

A special new chapter in the Law on Foreigners is proposed to be devoted to stateless persons. The

term ‘stateless person’ (apatride) is legally defined (Art. 21b) as a person without citizenship in

accordance with the legislation of any country. A stateless person status may be granted to such a

person, born or having entered legally the territory of Bulgaria and has long-term or permanent

residence permit. Status will be granted via proceedings before the Migration Directorate and will

be regulated in detail in the Rules for the Implementation of the Law. The grounds for refusal to

grant status or termination of proceedings are listed, as well as those for losing the status. Refusal or

termination can be appealed in administrative proceedings. Special ID papers will be issued to the

stateless person ‘foreign travel certificate for stateless persons’, which will be valid for 5 years and

will contain an inscription, related to the 1954 Convention.

4.3. Policy developments

In view of identification of vulnerable asylum seekers, assessment of needs, and timely referral to

specialised services, in 2015 a practice was introduced of social experts from SAR to be present at

the registration of asylum seekers. For the purposes of early identification and timely referral to

psychological and medical support of vulnerable asylum seekers, SAR officials use a Questionnaire

for early identification of asylum seekers – this allows for the identification of the specific needs of

vulnerable persons, including those of unaccompanied minors.

In order to provide adequate support to vulnerable asylum seekers in 2015 SAR has implemented

the following: awareness raising among SAR officials on the specific problems of vulnerable

asylum seekers; implementation of mechanism for the identification of vulnerable persons; use of

instruments for individual approach in meeting the special needs of vulnerable persons while in

reception or in procedure; relevant update of the legal framework relating to vulnerable asylum

seekers. In addition, Social mediators from the Bulgarian Red Cross, funded by UNHCR assist SAR

staff in reception centers to assure that individuals with special needs are taken proper care.49

5. LEGAL MIGRATION AND MOBILITY

5.1. Background and national context

The inflow of TCN for the purposes of labour migration in Bulgaria has been moderate. One central

factor contributing to this trend is the unfavourable economic state of the country. Since the global

economic crisis hit Bulgaria in 2009 the country’s GDP and job security has been on the decline

while the unemployment rates have been on the rise. The employment rate declined from 70.7 per

49 Savova, I. ()ct. 2015) Country Report: Bulgaria, Aida Asylum Information Database, p. 47.

Page 20: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

20

cent in 2008 to 63.6 per cent in 2013 and 67.1 % in 2015. The unemployment rate raised from 5.6

per cent in 2008 to 13.2 per cent in 2013 (with male unemployment reaching 14% and female

unemployment at 12.2 per cent) and 9.2 per cent in 2015 (with male unemployment reaching 9.9 %

and female unemployment at 8.5 per cent).50

The continuing negative trends on the labour market

put forward the protection of the national labour market as priority in country’s labour migration

policy since 2013. This policy is observed through appropriate mechanisms, consistent with

Bulgaria’s commitments as an EU member and EU trends and practices in this field. This policy

priority was observed without affecting the EU/EEA/Swiss citizens as well as TCNs having equal

rights (long-term and permanently residing) as well as beneficiaries of international protection.

The new National Strategy in the Area of Migration, Asylum and Integration (2015 – 2020) pays

attention to the need of good governance in regulating legal migration to support the economic

development of the country – which is set as one of the 12 priorities of the Strategy.51

Throughout 2015 a number of legal developments and few policy changes in the area of legal

migration took place.

5.2. Legal and policy developments

Economic migration

A Draft Law on Labour Migration and Labour Mobility (hereafter ‘LLMLM’) was approved on 23

December 2015 with Decision № 1018 of the Council of Ministers, was submitted to Parliament

and is expected to come into force in May 2016.52

Its main objective is to transpose the provisions on the free movement of workers within the

European Union and the employment of third-country nationals which are contained in three recent

EU Directives – Directive 2014/54/EU of the European Parliament and the Council of 16 April

2014 on the measures to facilitate the exercise of the rights granted to workers in the context of

freedom of movement of workers53

, Directive 2014/36/EU of the European Parliament and of the

Council of 26 February 2014 on the conditions for entry and residence of third-country nationals for

employment as seasonal workers54

and Directive 2014/66/EU of the European Parliament and of the

Council of 15 May 2014 on the conditions of entry and residence of third-country nationals within

the intra-corporate transfer55

.

An additional justification for the adoption of the proposed draft law is the need to codify the

currently fragmented Bulgarian legislation in this area into one single legislative act. At present,

50 National Statistical Institute. 51 Decision N 437 of the Council of Ministers from 12.06.2015, p. 40.

http://www.strategy.bg/StrategicDocuments/View.aspx?lang=bg-BG&Id=963

52 Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:

http://parliament.bg/bg/bills/ID/15672/

53 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to facilitate the exercise of the

rights conferred on workers in the context of freedom of movement of workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG

54 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions for entry and stay of

third-country nationals for the purpose of employment as seasonal workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en

55 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of

third-country nationals in the framework of an intra-corporate transfer, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN

Page 21: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

21

most provisions in the field of labour migration and labour mobility are contained in the Law on

Employment Promotion (hereafter ‘LEP’)56

. LLMLM is supposed to be a fully separate legal act

which not only contains the relevant provisions dealing with labour migration and mobility

transferred from LEP but also some important additions aimed at improving the legal certainty for

both EU nationals and nationals of third countries seeking employment in Bulgaria as well as

Bulgarian nationals seeking employment abroad. Importantly, a new section is foreseen dedicated to

the issues of residence of third-country nationals for the purposes of intra-corporate transfer.

Article 1 of the General Provisions of LLMLM defines its scope and Article 2 explicitly prohibits

the application of any restrictions and privileges as well as direct or indirect discrimination towards

foreign persons seeking employment in Bulgaria. A national council on labour migration and labour

mobility is created with the Minister of Labour and Social Policy (Art. 4).

The following chapter on ‘Labour Migration from Third Countries’ transfers and expands the

provisions of Chapter 8 from LEP and introduces specific procedures for granting the right to

access of third-country nationals (hereafter ‘TCN’) who have an employment contract with a local

employer, who have been seconded or relocated to Bulgaria as part of an intra-corporate transfer, or

those who are operating as freelancers, to the Bulgarian labour market in full compliance with the

requirements of the abovementioned EU Directives (Art. 5, par. 1). Moreover, the general

provisions of this chapter also clarify the rights and obligations of TCNs in Bulgaria and the

application of and procedure for obtaining work permit at the Employment Agency (Art. 7, par. 3).

Section 2 of the Chapter on ‘Labour Migration from Third Countries’ is dedicated to the Single

Permit for Work and Residence which is relevant to TCNs who are applying for residence permit in

order to work in Bulgaria as well as those who have obtained a valid residence permit under the

Law on Foreigners in the Republic of Bulgaria (LFRB)57

for purposes other than employment.

Section 3 of the same chapter regulates the conditions for issuing an EU Blue Card to TCNs who

are deemed highly skilled workers and who hold a long-term Bulgarian visa in accordance with the

stipulations of Article 33 (k) of LFRB. Clarifying the process of obtaining a work permit of this

type is a positive step towards facilitating the hiring of foreigners coming from non-EU countries

for the purposes of securing highly qualified employment in order to overcome the shortage of

skilled workers in some industries.

The next section of Chapter 2, which is devoted to seasonal work, defines the conditions for

acquiring a seasonal work permit valid for up to 90 days and states that the Minister of Labour and

Social Policy shall be in charge of approving the list of economic sectors which require seasonal

workers (Art. 24-25).

The following section deals with issues of residence of third-country nationals for the purposes of

intra-corporate transfer. It is envisaged that a long-term residence permit for the purpose of intra-

corporate transfer can be granted to foreigners who are eligible to receive access to the labour

market under the general provisions of LLMLM and who possess a long-term visa. The residence

permit for the purpose of intra-corporate transfer is issued following a decision by the Ministry of

Labour and Social Policy for a period of up to one year (applicable to employees and interns) or up

to three years (applicable to specialists and managers) and shall be renewed if there are grounds for

reissue (Art. 32, par. 2). The draft creates a special chapter in the LFRB, devoted to the residence of

TCNs for the purposes of intra-corporate transfers.

56 Law on Employment Promotion promulgated in SG No 112 of 29 December 2001, Sofia: National Assembly of the Republic of

Bulgaria, 2011, in force as of 1 January 2002, available only in Bulgarian at http://lex.bg/laws/ldoc/-12262909

57 Article23 of the Law on Foreigners in the Republic of Bulgaria, SG No 153 of 23 December 1998, Sofia: National Assembly of the

Republic of Bulgaria, 1998, available at: http://www.lex.bg/laws/ldoc/2134455296

Page 22: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

22

Section 6 of Chapter 2 regulates the terms and conditions for employment of TCNs who are

researchers, students or trainees. Article 36 (1) states that to TCNs who, following an agreement,

are appointed as researchers for the purposes of conducting a research project with a specific

organisation, can be employed for the duration of the project without the need for a work permit.

Such cases, however, need to be duly registered with the Employment Agency (Art. 36, par. 2).

Short-term employment is also provided for.

Sections 7 and 8 are devoted, respectively, to the procedure and order for issuing work permits and

to regulating the status of foreign freelancers.

A separate chapter 3 of the draft law is dedicated to the equal treatment of foreign workers – both

EU citizens and TCNs. Article 49 (1) stipulates that foreign citizens who are exercising their right

to free movement have the same set of rights as Bulgarian citizens with the only exception of

positions specifically requiring Bulgarian nationality. Article 49 (2) further provides for the equal

rights of foreign workers who are TCNs or those holding the Single Permit for Residence and

Work, the EU Blue Card or the Seasonal Worker Permit, such as access to information about

vacancies, working conditions (including pay, working hours, holidays, termination of employment,

minimum work age and participation in collective bargaining), recognition of educational diplomas,

education and vocational training, etc. Adding these clauses with the aim of improving the

provision of information on the routes to and conditions of legal migration and ensuring the equal

rights of all foreign workers is described as one of the main purposes of LLMLM, especially in

view of the growing importance of access to social rights again as a means of attracting highly

qualified employees from third countries in the EU who are of considerable shortage in the

European labor market.58

Chapter Four of LLMLM regulates the free movement of workers within the EU. The provisions

are in line with EU Regulation № 2011/492 on the Freedom of Movement for Workers within the

EU59

and Directive 2014/54/EU and transpose some of the norms contained in them, the aim being

to provide sufficient safeguards for the protection of the rights of EU citizens working in Bulgaria

as well as citizens of the European Economic Area and the Swiss Confederation, and members of

their families.

Chapter 5 deals with the legal protection of Bulgarian citizens employed in third countries and

regulates the procedure for signing bilateral agreements in the field of employment with third

countries which could benefit those countries in meeting the needs of their labour markets and,

simultaneously, create additional opportunities for professional development of Bulgarian citizens

abroad (Art. 62).

Further to this, an extra chapter 6 on public authorities abroad dealing with labour issues and social

security is added. In order to improve and promote the cooperation between the Bulgarian Ministry

of Labour and Social Policy and foreign countries’ public authorities and institutions dealing with

labour migration and labour mobility, the draft law builds on the already existing regulations

concerning the maintenance and development of a network of services for labour and social issues

within various representations of the Republic of Bulgaria abroad (Art. 64).

The Minister of Labour and Social Policy shall exercise the overall control over issues with

compliance arising from the draft law as well as over other regulations in this field contained in

additional pieces of legislation. Specialised control activities shall be carried out by the Directorate

58 Reasoning of the Draft Law on Labour Migration and Labour Mobility, available at http://parliament.bg/bg/bills/ID/15672/

59 Regulation (EU) № 2011/492 of the European Parliament and of the Council of 5 April 2011 on the Freedom of Movement for

Workers within the EU, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0492&from=PL

Page 23: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

23

General on Labour which is the Executive Agency to the Ministry of Labour and Social Policy (Art.

67 and following).

Adopting the LLMLM would finally codify the existing legislation in the field of labour migration

and mobility in Bulgaria and would add some important changes, the introduction of which is

necessary for bringing national laws in line with the requirements of the three EU Directives whose

final deadline for implementation will expire in May 2016. With the exception of the proposed

Article 18 (3) concerning the minimum threshold of payment of a TCN, the overall text of the

LLMLM has been widely supported by trade unions such as the Confederation of Employers and

Industrialists in Bulgaria,60

the Bulgarian Industrial Association61

and the Bulgarian Industrial

Capital Association.62

In response to the ever-growing interest to facilitate the procedures for hiring third-country

nationals for the purposes of highly qualified employment (the issue of the "EU Blue Card") in

order to overcome the shortage of skilled workers in some industries amendments were adopted to

the Ordinance on the Terms and Conditions of the Issuance, Denial and Revocation of Work

Permits for Foreigners in Bulgaria (hereinafter, Work Permit Ordinance). The amendments were

promulgated in SG No 80 of 16 October 2015.

To ensure a lasting and equitable employment, with the amendments of the Work Permit Ordinance

the required term of employment for highly qualified specialists is set at no less than 12 months and

the amount of gross salary is to be at least 3 times higher than the average wage in the Republic of

Bulgaria according to the data available for the last 12 months before the conclusion of the

employment contract. This approach is consistent with the provisions of Directive 2009/50/EC and

ensures consistency of its application and flexibility to the needs of the labor market, as well as

security for both the employer and the employee without influencing the availability of employment

for Bulgarian citizens in a given profession. A number of provisions in the Ordinance will be

transferred to the new draft LLMLM.

Students and researchers

Section 6 of Chapter 2 of the new draft LLMLM regulates the terms and conditions for employment

of TCNs who are researchers, students or trainees. Article 36 (1) states that to TCNs who, following

an agreement, are appointed as researchers for the purposes of conducting a research project with a

specific organisation, can be employed for the duration of the project without the need for a work

permit. Such cases, however, need to be duly registered with the Employment Agency (Art. 36, par.

2). Short-term employment is also provided for.

Other aspects of legal migration

As part of the substantial draft amendments to the Law on Foreigners, presented in March 2016 by

the Ministry of Interior,63

explicit legal regulation is provided regarding documents on family ties,

60 Open Letter from the Confederation of Employers and Industrialists in Bulgaria to the Minister of Labour and Social Policy of the

Republic of Bulgaria, available at: http://krib.bg/bg/positions/Proekt-na-Zakon-za-trudovata-migratziya-i-trudovata-mobilnost/

61 Open Letter from the Bulgarian Industrial Association to the Minister of Labour and Social Policy of the Republic of Bulgaria

(07/01/2016), available at: http://www.bia-bg.com/standpoint/view/21436/

62 Open Letter from the Bulgarian Industrial Capital Association to the Chairman of the Parliamentary Commission on Economic

Policy and Tourism (11/01/2016), available at: http://parliament.bg/pub/cW/20160115122338kip-606-01-1%20-

%20ZTMTM%20-%20AIKB.pdf

63 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in

Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

Page 24: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

24

issued abroad and presented before authorities monitoring foreigners in Bulgaria. A requirement is

proposed for them to be recognized and enforceable under Bulgarian law. This proposal is

motivated by contradictory practices and aims to create basic regulation to be developed in further

legislative packages.64

Thus, border control authorities shall not allow entry to Bulgaria to a person,

who is claiming to be family member of a Bulgarian citizen, but has not certified that within

reasonable time with some of the documents required by the law or another proper document.

Refusal shall be motivated and shall be appealable under the Administrative Procedure Code (Art.

8a, par. 4).

Managing migration, including visa policy and Schengen Governance

As part of the substantial draft amendments to the Law on Foreigners, presented in March 2016 by

the Ministry of Interior,65

new and amended regulations on the visa regime were introduced. The

Law (Art. 9b, par. 1) was amended to be harmonised with the recent ECJ C-575/12 decision, so that

TCNs can enter EU territory with a valid travel document and a valid visa in an invalid passport.

Amendments in the order for issuing visas, including short-term ones, and taking biometric data are

also introduced. It is proposed that refusals to issue visas be appealed before court under the

Administrative Procedure Code regarding their legality. Thus, clarity will be achieved as to the

scope of competence of court, regarding appeals on visa issuance refusals. This amendment is also

supposed to boost the prevention of the use of Bulgarian territory as transit point of persons,

intending to join terrorist groups.66

According to the proposed amendments, each business partner

applying for long-term stay visas for commercial activity shall be required to open 10 full time

workplaces, thus giving such visas only to persons with actual business activity.67

Stricter

requirements are also introduced for those applying for a visa as representatives of foreign

commercial companies. A preliminary check is proposed on the company’s activity abroad and the

origin of its assets. Thus, abuse of rights, provided to foreigners in this regard, will be avoided.68

After some amendments in 2013, revoking this possibility, foreigners will again be able to prolong

their stay if already on the territory of the country and unable to leave for reasons beyond their

responsibility.

Visa Policy

Until the end of March 2015, the Migration Directorate along with its regional structures was

operating under GDBP. After changes to the Law on the Ministry of the Interior, the Migration

Directorate was separated GDBP and Migration units and sectors were returned under the Sofia and

the regional MoI Directorates69

. The restructuring had a negative effect and led to the closure of

work positions and long term vacancies. With the aim to improve the effectiveness of the Migration

Directorate in the implementation of its functional responsibilities as participant in the coordination

procedure for issuance of long term residence visas, within the Lawful Migration and Bulgarian

64 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,

available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

65 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in

Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

66 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,

available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

67 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,

available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

68 Ministry of Interior, Reasoning to Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria,

available in Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

69 Migration Directorate (2016): Analysis Report on the Activity of the Directorate Migration at the Ministry of the Interior during

2015. BG: Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г

Page 25: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

25

Citizenship Department, two new sectors were created: “Visas, Residence Permits for Foreigners,

Bulgarian citizenship and Coordination” and “Administrative Servicing of EU Citizens and Their

Family Members. In 2015, 12 627 position statements were delivered on the issuing of long-term

stay visas (visa type D) by the Migration Directorate in coordination with SANS and Ministry of

Foreign Affairs (MFA) compared to 11 435 in 201470

.

Schengen governance

During 2015, the decision on Bulgaria’s entry in Schengen was postponed further71

, despite the

European Commission’s expression of support72

and the country’s fulfilment of technical

requirements. Bulgaria plans to further develop the National Visa Information System (NVIS) to

receive and import fingerprints, delivered by an external service provider. During the year, Bulgaria

took part in a number of Frontex Joint Operations (JO).

Operation Type Type of Participation

JO EPN Triton Sea Participating country

JO EPN Poseidon Sea (as of

28.12.2015 - Poseidon

Rapid Intervention)

Sea Participating country

European Patrols Network

(EPN) General

Sea Participating and host

country

JO Focal Points Sea Sea Participating and host

country

JO EPN Minerva Sea Participating country

Staff Exchange Land Host country

Joint Border Check Teams Land Host country

Rapid Intervention Exercise Land Participating country

JO Focal Points Land Host country

JO Focal Points 2014

extension

Land Host country

JO Pegasus Air Participating and host

country

JO Alexis Air Participating and host

country

JO Focal Points Air Participating and host

country

Source: Frontex Archive of Operations

70 Ibid.

71 Mediapool (6 October 2015) Пак се отлага приемането на Румъния и България в Шенген [The admission of Romania and

Bulgaria to Schengen is postponed]. Available at: http://www.mediapool.bg/pak-se-otlaga-priemaneto-na-bulgaria-i-rumaniya-

v-shengen-news240062.html

72 European Commission (2015), Seventh bi-annual report on the functioning of the Schengen area 1 November 2014 - 30 April

2015.

Page 26: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

26

6. MIGRATION AND DEVELOPMENT

In view of Bulgaria’s negative net migration and significant migration outflow the developmental

aspect of migration policy is considered more relevant with regard to the use of the developmental

potential of Bulgarian emigrants abroad. Priorities of this nature are set in both the National

Strategy in the Area of Migration, Asylum and Integration (2015-2020) and in the National Strategy

for the Bulgarian Citizens and the Bulgarian Historical Communities Around the World.73

The

Strategy aims at the establishment of political framework for development of long-term and

integrated state policy for the Bulgarian citizens and the Bulgarian historical communities abroad.

The strategic goals are oriented towards the inclusion of the Bulgarian citizens residing temporary

or permanently abroad to the state and public life in Bulgaria; preservation of the Bulgarian ethnic

and cultural space abroad; improvement of the migration balance in the country; dissemination of

positive image of Bulgaria around the world and support to a Bulgarian lobby abroad.

Since 2006 the Ministry of Labour and Social Policy has established a network of Services for

Labor and Social Issues at some Embassies of the Republic of Bulgaria abroad. Presently eight such

Services are operational at the Bulgarian embassies in Athens, Berlin, Bern, Dublin, London,

Nicosia, Madrid and Vienna. The Services’ main functions include to assist in the implementation

of states’ policy in the field of free movement of workers and in the coordination of the social

security systems in the EU and in the protection of the rights of Bulgarian citizens in these

spheres.74

For the period in question no policy and legal amendments were enacted in the area of migration

and development.

7. IRREGULAR MIGRATION INCLUDING SMUGGLING

7.1. Background and national context

During 2015 migratory pressure on Bulgaria increased again after a drop in 2014 when border

control measures were tightened. The migration flow for the year was between two and three times

larger than for the previous twelve months. There were significant increases in the numbers of

irregular migrants apprehended at entrance (+68%) and exit (+359%), as well as inside the country

(+315%).75

The peak in apprehensions was observed during the months of August, September and

October, followed by a drop in November and December as weather conditions deteriorated. The

heaviest migratory pressure was experienced at entry points of the Bulgarian-Turkish green border

and the Bulgarian-Serbian border on exit. During 2015 Bulgaria once again registered most

clandestine entry attempts at BCPs (90% of all attempts in the EU for the second quarter of the

year76

) by foreigners hiding in trucks and other vehicles.

Due to the challenging and highly dynamic situation at the Greek-Macedonian border, which is in

close proximity to the Greek-Bulgarian border, IOM, SANS, Ministry of Defense (MoD) and MoI

adopted a common crisis management plan to be implemented in the case the migrant flow is

73 Accepted by Decision of the Council of Ministers N 30.41 from 23.07.2014

74 http://www.mlsp.government.bg/index.php?section=CONTENT&I=266&lang=

75 Ministry of the Interior (2015), Report on the Activity of the Ministry of the Interior during 2015, p. 8.

76 Frontex (2015), Risk Analysis Network Quarterly Report: July-September 2015.

Page 27: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

27

redirected towards Bulgaria. In addition, MoI along with MoD carried out joint trainings and

coordination exercises also involving the Bulgarian Red Cross (BRC).77

The closing of the Balkan

migration route in March 2016, makes the existence of such preparedness even more salient.

7.2. Legal developments

Relevant provisions of the Bulgarian Criminal Code78

were significantly amended to raise penalties

and include new hypotheses of people smuggling. Currently, in its Article 280, the Code provides

for a penalty for smuggling of 1 to 6 years of imprisonment and fine of BGN 5000 to 20000.

Imprisonment of 1 to 10 years and a fine of BGN 10000 to 30000, plus confiscation of part of or the

whole property of the perpetrator, is provided for in case a person under 16 years of age is

smuggled; the smuggling took place without the person knowing; the person smuggled is not a

Bulgarian citizen; a motor, air or other vehicle was used, in this case the vehicle is given away to

the benefit of the state; the smuggling was organised by a group or organisation; the smuggling took

place in a manner dangerous for the lives of those smuggled. In a new hypothesis, imprisonment of

three to twelve years is imposed and a fine of BGN 10000 to 30000, plus confiscation of the part or

whole property of the perpetrator, if the act was committed with the participation of an official,

having benefited from his/her official position. According to Art. 281 of the Code, illegally aiding a

foreigner for material benefit to reside or pass through the country is penalized by up to 5 years of

imprisonment and a fine of BGN 3000 to 100000. A number of new, aggravated hypotheses are

added. Imprisonment of one to six years and a fine of BGN 5000 to 20000 are given, if the act is

committed using a vehicle, which is taken away to the benefit of the state; if it is organized by a

group or organization; if it is committed in a manner, dangerous for the life of the person; if it is

committed against a person under 16 years of age; if it is committed against more than one person.

Due to the increased migration flow and specific challenges in border management, steps were

taken during the reporting period to regulate the participation of the army in guarding Bulgarian

borders. In February 2015 an amendment was introduced in the Instruction on the Co-operation

between the Ministry of Defense and the Ministry of Interior.79

According to the new Art. 5a, armed

forces, if need be, support border police authorities in the monitoring and control over the state

border against illegal arms trafficking and armed provocations. In times of peace, armed forces may

logistically support police authorities, guarding the state border. Such tasks may include

transporting people, keeping and transporting material goods, technical assistance when repairing

devices, evacuation of devices and other property, exchange of experience and training of

mechanical specialists and operators of specialised technology, free provision of movable goods

and other tasks in accordance with legislation in force. For those joint actions, the Ministry of

Interior and the Ministry of Defense develop a joint operations plan, but military forces cannot be

tasked with the powers of the authorities under the Law on the Ministry of Interior.80

77 Dnevnik (5 March 2016) Общи учения по границата между "Гранична полиция" и военните [The border police and the Army

carry out joint trainings at the border]. Available at: http://novinite.bg/articles/107242/Obshti-ucheniya-po-granicata-mejdu-

Granichna-policiya-i-voennite

78 Criminal Code, SG No 26 of 2 April 1968, available in Bulgarian at http://www.lex.bg/laws/ldoc/1589654529

79 Instruction No M-3 of 18 July 2011 on the co-operation between the Ministry of Defense and the Ministry of Interior, SG No 60 of

5 August 2011, available at http://www.lex.bg/bg/laws/ldoc/2135744408

80 At the beginning of 2016 Bulgarian army was officially tasked on legislative level with participation in the guarding of Bulgarian

borders (Law on Amending and Supplementing the Law on Defense and Armed Forces of the Republic of Bulgaria, SG No 17

of 2016, available only in Bulgarian at: http://www.parliament.bg/bg/laws/ID/29770). According to a new provision in the Law

on Defense and Armed Forces of the Republic of Bulgaria (Art. 57, par. 2-3), armed forces are given this task by an act of the

Council of Ministers, which also determines the financial and other resource allocation for their participation. The Minister of

Defense determines rules on the use of force during the implementation of those tasks upon proposal of the chief of defense.

Page 28: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

28

7.3. Policy developments and external border control measures

Border control - equipment and technical capacity developments

In 2015, the second section of the ISS (Integrated Surveillance System) at the Bulgarian-Turkish

green border between BCP Lessovo and the mouth of Rezovo river was completed and put in

operation. It was funded under the 2011-2013 annual programs of the External Borders Fund (ERF).

This has resulted in optimization of the control and use of resources on the operational level and

centralisation of management on the tactical level through the receipt and analysis of real-time

information. All efforts of the General Directorate Border Police (GDBP) have been aimed at

effectively preventing illegal border crossing and redirecting flows of migrants to the official border

control checkpoints, thus minimizing risks for the life and health of individuals and groups during

their attempts to enter Bulgarian territory through rugged and unknown terrains.

The extension of the already existing fence on the Turkish-Bulgarian border has continued in 2015.

Changes in the Law on Public Procurement gave the opportunity for direct assignment of the

construction of the remaining 132 kilometers due to their importance for national security.

However, the construction has been slowed down significantly because of the difficult terrain81

and

will continue in 2016. In addition, the GDBP has been granted assistance under the Internal

Security Fund 2014-2020, intended for the procurement of new vehicles for the needs of the border

police.

As a result of the completion of a project under the Multiannual Programme 2012-2013 of the

External Borders Fund, electronic counters for the automated control of EU citizens at the Bourgas

international airport (four e-gates) have been installed and put in operation. Bulgaria is in the

process of building Advanced Passenger Information (API) and Passenger Name Record (PNR)

systems, together with the relevant national unit for information processing. Currently API data is

used inconsistently only for certain flights arriving at Bulgarian airports.

In addition, equipment to detect nuclear and radioactive materials has been delivered, installed and

put in operation at the following border checkpoints: Varna and Plovdiv Airports, checkpoints

Kardam, Rousse, Zlatarevo, Oltomantsi and Stanke Lisichkovo. Installations for radiation control at

the Bourgas Airport are under construction and are scheduled for completion in early 2016.

Other activities to improve the effectiveness of controls at external borders (e.g. training and

policy)

The Ministry of Interior (MoI) currently continues the joint special police operation (SPO) started in

November 2013, which aims to ensure adequate protection of the Bulgarian-Turkish and the

Bulgarian-Greek borders. A monthly average of 200 officers from regional Directorates of the

Ministry of Interior and 350 officers from territorial structures of the GDBP together with 76 pieces

of transport equipment have been redirected and deployed on these borders from the inside of the

country82

. At the same time this has significantly strained law enforcement capacities within the

country, especially in smaller localities and rural areas83

. In order to alleviate this problem, the

General Directorate Border Police has expanded its staff with 178 officers and a further 150

81 Новините (9 September 2015) Бави се довършването на оградата по границата с Турция. [The completion of the fence on the

border with Turkey is delayed]. Available at: http://novinite.bg/articles/99273/Bavi-se-dovarshvaneto-na-ogradata-po-granicata-

s-Turciya

82 Министерство на вътрешните работи (2015), Отчет за дейността на МВР през 2015 [Ministry of the Interior (2015) Activity

Report 2015].

83 Ibid.

Page 29: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

29

positions are open. With means from the MoI reserve, the staff of RDBP Smolyan has been

increased with an additional 30 work positions and of RDBP Elhovo - with 139.

In order to ensure the quick familiarization and integration of new staff in the activities of the

border police, a short course for initial professional training has been developed, implemented in

2015 and concluded in January 2016. In 2015, officers working at the external borders have

participated in different training activities:

Multidisciplinary approach to combat human trafficking through the transfer of

knowledge and best practices from Schengen area Member States - 41 employees

Access to territory and proceedings for granting international protection- 20

employees

Strengthening the principles for respect of human rights in police activities - 8

employees

Program for anti-terrorism support to the US State Department on Recognition of

False Documents and Analysis of Behavior - 59 employees

In fulfillment of the schedule for employee training of the Police Academy, officers have

participated in the following courses:

Border control and management – 56 officers

Schengen acquis related to the implementation of police powers and compensatory

measures - 16 officers

In addition, in order to counteract the attempts of illegal border crossing by using forged, false or

assigned documents, a 4-day course for further training in the detection of counterfeit and falsified

documents for experts and junior experts was held in 2015. A total of 48 officials from all RDBP

participated. 15 pieces of combined magnifying glasses with different light sources have been

delivered in 2015. A total of 364 cases of attempted illegal border crossing of the Republic of

Bulgaria using false, forged ceded documents have been detected in 2015. In 2012 and 2013, 204

and 479 attempts respectively were registered.84

Furthermore, during 2015, 196 officers and 12

trainers directly engaged in monitoring the border checks have been trained to work with the

radiation control equipment and central alert station. The staff of the Specialized Center for

Temporary Accommodation of Foreigners (SCTAF) attended a training seminar on the Dublin

Regulation and Eurodac, organized by the UN High Commissioner for Refugees.

In 2010 the GDBP signed a tripartite memorandum for cooperation with the Bulgarian Helsinki

Committee (BHC) and the Office of the UN High Commissioner for Refugees. Under the

agreement a working group consisting of representatives of the three sides performs monitoring

visits on border checkpoints and observes the process. In May 2015, the report from the visits

carried out during 2014 was published85

. The authors noted that the cooperation mechanism has

already led to positive developments, such as the drastic reduction in 2014 compared to the previous

year of cases of migrants who subsequently applied for asylum after being apprehended but were

nevertheless prosecuted for having entered Bulgarian territory illegally86

. Another issue raised by

the report is that refusals of entry might constitute a breach of the non-refoulement principle. In

84 Главна Дирекция Гранична Полиция (2014), Резюме: Анализ на Риска 2014 [Chief Directorate Border Police (2014)

Summary: Risk Analysis 2014]. http://www.nsgp.mvr.bg/NR/rdonlyres/3716D320-6080-4EC3-ADDC-

41CE365FC6C6/0/Analiz_2013_FINAL.pdf

85 Bulgarian Helsinki Committee (2015), Annual Report on Border Monitoring in 2014.

86 Ibid.

Page 30: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

30

2015, the number of entry refusals was 110687

compared to 6400 in 201488

, despite the increase in

migration flow.

Nevertheless, MoI is taking steps towards ensuring the protection of the rights of migrants. During

2014, MoI employees attended a number of courses focusing on working with migrants and on

protecting their rights.89

The protection of human rights in the context of increased migratory flow

have been incorporated in the annual activity plans (including in the one for 2015) of the Standing

Commission for Human Rights and Police Ethics at MoI.90

International agreements with third countries on cooperation in border management

On 25 May 2015, an Agreement for the Construction and Operation of Joint Contact Centre for

Police and International Cooperation (JCCPIC) between Bulgaria, Turkey and Greece at the

Kapitan Andreevo BCP was signed by the relevant parties. The agreement is expected to enter into

force upon ratification from all sides.

On 25 October, eight Balkan states, including Bulgaria and Austria, met in Brussels to discuss the

migrant crisis. The delegates adopted a 17 Point Action Plan including concrete measures on

ensuring permanent exchange of information, limiting secondary movements, supporting refugees

and providing shelter and rest, managing the migration flows, strengthening border management,

tackling smuggling and trafficking, providing Information on the rights and obligations of refugees

and migrants, and monitoring91

.

Countering irregular migration through misuse of family reunification

In order to improve efforts at countering the abuse of family reunification, a manual on arranged

marriages was developed and disseminated among the staff of Migration units of Regional

Directorates of the Ministry of the Interior throughout the country.92

In addition, active monitoring

was introduced of marriages for which evidence exists that their aim is to circumvent established

rules.

Countering facilitation of irregular migration

Bulgarians consistently ranked among the top ten nationalities of facilitators of irregular migration

for 2015.93

In 2015 the MoI has stepped up efforts to address human smuggling - in the third quarter

87 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [Directorate “Migration”

(2016) Report-analysis of the Activities of Directorate “Migration” – MoI in 2015]

88 Bulgarian Helsinki Committee (2015), Annual Report on Border Monitoring in 2014.

89 Постоянна комисия по правата на човека и полицейска етика в МВР (2014), Годишен отчет за дейността на постоянна

комисия по правата на човека и полицейска етика в МВР 2014г. [Annual Report pf the Permanent Comission on human

rights and police ethnics at the Ministry of the Interior 2014] https://www.mvr.bg/NR/rdonlyres/DFCA87CA-7FB6-4A76-

AEDE-52D3C1CA6D8C/0/Otchet_PKPCPE_2014.pdf

90 Постоянна комисия по правата на човека и полицейска етика в МВР (2015), План за дейността на постоянната комисия по

правата на човека и полицейска етика в МВР през 2015г. [Activity Plan of the Permanent Commission on human rights and

police ethics at the Ministry of the Interior in 2015] https://www.mvr.bg/NR/rdonlyres/308C62C2-DA41-4C8D-87BA-

39F09F3BCBCB/0/Plan_PKPCE_2015.pdf

91 European Commission Press Release: Meeting on the Western Balkans Migration Route. Available at: http://europa.eu/rapid/press-

release_IP-15-5904_en.htm (26 March 2015)

92 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [DReport-analysis of the

activities of Directorate “Migration” at MoI in 2015].

93 Frontex (2015), Risk Analysis Network Quarterly Report: September- December 2015.

Page 31: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

31

of the year authorities have registered an 250% increase of apprehended facilitators in comparison

to the second quarter.94

The upward trend has been observed in the last few years – in 2015, 520

facilitators were apprehended compared to 239 in 2013, and 150 in 2010.95

Information gathering activities were carried out with regard to nationals of third countries, reasons

for their presence on Bulgarian territory and connections to Bulgarian nationals. Several specialized

police operations were conducted on the territory of Sofia and the entire country aimed at

counteracting illegal migration and migrant smuggling. In total, 227 Special Police Operations were

conducted by Migration units of Regional Directorates of MoI throughout the country and as a

result the number of apprehended illegally residing migrants increased more than four-fold

compared to 2014.96

Living conditions of illegally staying third country migrants

Currently amendments to the Law on Foreigners in the Republic of Bulgaria are proposed, which

will allow the designation of sections of the Specialized Centre for the Temporary Accommodation

of Foreigners (SCTAF), which house migrants who are subject to forced return measures, for the

accommodation of migrants for purposes of identification and designation of follow-up measures.97

8. RETURN

8.1. Background and national context

In 2015, a decrease in the number of returned foreigners was observed. 556 persons were subject of

forced return measures, a 17% decrease compared to 201498

. The decrease is due to insufficient

funding99

. During the first half of 2015, the Directorate Migration disposed only of the funds

allocated under the 2013 Annual Program of the European Return Fund, with which 45 foreigners

were returned, bringing the total of returned third country nationals to 197, 47 more than the

planned 150 for the whole program period100

.

In 2015, 91 persons subject to forced return, left the country on their own expenses101

compared to

79 during the previous year. 89 foreigners were returned with the assistance of Directorate

“Migration” as part of programs for assisted voluntary return implemented by the Mission of the

94 Frontex, Western Balkans Risk Analysis Quarterly Report: July-September 2015.

95 Главна Дирекция Гранична Полиция (2014), Анализ на Риска 2014 [Chief Dorectorate Border Police (2014) Risk Analysis

2014], http://www.nsgp.mvr.bg/NR/rdonlyres/3716D320-6080-4EC3-ADDC-41CE365FC6C6/0/Analiz_2013_FINAL.pdf

96 Министерство на вътрешните работи (2015), Отчет за дейността на МВР през 2015 г. [Report on the MoI Activities in 2015].

97Ministry of the Interior (2015): Draft Amendments to the Law on Foreigners in Bulgaria.

98 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [Report-Analysis of the

activities of Directprate “Migration” – MoI in 2015].

99 Ibid.

100 Ibid.

101 Ministry of the Interior (2015): Migration Statistics December 2015. Available at: https://www.mvr.bg/NR/rdonlyres/3BFDD98B-

84B0-4906-96BD-52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf

Page 32: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

32

International Organization for Migration in Bulgaria, which is lower than the 330 illegally-staying

third country nationals in 2014102

.

8.2. Legal developments

As part of the substantial draft amendments to the Law on Foreigners, prepared in 2015 and

presented in March 2016 by the Ministry of Interior,103

harmonization of terminology with relevant

EU acts is proposed, whereas Bulgarian law starts using ‘return’ instead of ‘compulsory taking to

state borders’. As further step towards consistent application of return regulations, new grounds for

return are explicitly introduced: where the foreigner has a decision, having entered into force, for

refusal, termination or revocation of international protection or asylum, where the proceedings

under LAR have been terminated with a decision, having entered into force, unless the termination

has been issued with regard to a foreigner, for whom there is readmission decision; where the

foreigner has entered the country legally, but attempts to leave it not at regulated points or with

forged documents (Art. 41).

The process of allocation of foreigners is also included in the proposals. New paragraphs are

proposed in Art. 44, stipulating a new security measure of temporary nature, short-term placement

in a separate unit of the special homes for placement of foreigners. By way of differentiation to the

usual functions of the special homes, in those units foreigners will be subject to actions for initial

identification and assessment for the administrative measures to follow. Short-term placement shall

last up to 30 days and minors and juveniles shall be placed separately from adults. Short-term

placement orders shall be appealable under the Administrative Procedure Code.

In the additional provisions, definitions for state interest, humanitarian reasons, biometric data,

annulation and revocation of visas are proposed.

8.3. Policy developments

National Measures

The activities set out to achieve goal three of the 2015 Plan with regard to return include dialogue

with major migrant source countries in order to facilitate the return of illegally residing foreigners

and improving the effectiveness of return procedures. These planned measures were implemented to

a significant degree during the year.

Bulgaria has made steps towards establishing a mechanism for the monitoring of forced return. In

2015 a project financed under the Annual Program 2013 of the European Return Fund, was

completed resulting in the development of a Handbook for the Monitoring of Forced Return. The

handbook was tested on two forced return operations and Analytical Reports outlining findings

were produced. Furthermore, the Minister of the Interior has issued an order for familiarization with

and implementation of the common European Return Handbook by relevant authorities (DM,

GDBP, Sofia Directorate and Regional Directorates of MoI) as well as its inclusion in the

curriculum of the MoI Academy.

Cooperation with third countries

102 Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през 2015 г. [Report-Analysis of the

activities of Directorate “Migration” – MoI in 2015].

103 Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria, available in

Bulgarian at https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

Page 33: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

33

On 21 January 2015, the Bulgarian government developed draft Protocol for the Implementation of

the Agreement between the European Union and the Republic of Turkey on the Readmission of

Persons Residing without Authorisation. The Protocol outlines the conditions under which the

illegally residing migrants will be returned to Turkey, including the time-frames, necessary

documents, competent organs etc. Migrants will be returned through the Kapitan Andreevo-

Kapakule BCP. No readmission is envisioned through airport BCPs. So far no migrants have been

returned to Turkey as the mechanism is not yet operational104

. The agreement is expected to start

functioning in June 2016.

In order to improve efforts at preventing irregular migration, , in the framework of activity of the

Annual program 2013 of the European Return Fund, regular meetings with diplomatic

representatives of significant source countries (Algeria, Afghanistan, Palestine, Iran, Iraq, Nigeria

etc.) were held. During the first half of 2015 four meetings with staff of the Pakistani, Lebanese,

Afghani and Algerian embassies took place, focusing on matters of simplification of procedures for

issuing travel documents, cooperation on identification of persons and common efforts to promote

voluntary return. The active coopertaion with the Directorate Consular Relations of the Ministry of

Foreign affairs in the process of identification and issuing of travel documents for illegally residing

foreigners from countries that do not have diplomatic or consular representation in Bulgaria.

Cooperation with EU member states and organizations

The Migration Directorate implements return procedures, both voluntary and forced, as a main

instrument for countering illegal migration. Forced return of illegally residing foreigners is done

with EU funds in the implementation of the concluded agreements on readmission, as well as the

implementation of joint return flights organized by other Member States, coordinated and co-funded

by Frontex. In 2015, Directorate Migration participated in five joint Frontex flights organized by

the Kingdom of Spain to Pakistan, from Austria to Nigeria and Côte d'Ivoire, from Italy to Nigeria,

from Germany to Georgia and from Greece to Pakistan. As a result of the operations, 54 illegaly

residing TCNs have been returned to their countries of origin - 28 citizens of Nigeria, 17 of Côte

d'Ivoire, 6 to Georgia and 3 of Nigeria. It should be noted that the operation involving the flight to

Côte d'Ivoire, organized by the competent authorities of Austria, was done upon the request of the

Bulgarian Migration Directorate and is therefore a major success for Bulgaria. This was a pilot

operation for Frontex as well.

An illustration of the successful cooperation with Fronex is the conducted joint flight (23 September

2015) to Pakistan, which was the first such mission in which the Bulgarian Directorate Migration

organized the flight in partnership with the Netherland, Spain, Austria, Grmany and Poland. As a

result, 36 illegally residing citizens of Pakistan (15 from Bulgaria, 5 from the Netherlands, 7 from

Spain, 7 from Austria, one from Germany and one from Poland) have been returned. A medical

team and a psychologist were present on board. A representative of the Ombudsman of the Republic

of Bulgaria and a representative of Human Rights Watch monitored the implementation of the

return procedures during the entire flight.

The cooperation between the Mission of IOM in Bulgaria and the Ministry of Interior continued in

2015, reslulting in activities for promoting voluntary return. During the first six months of the year,

IOM consulted persons accommodated in the Specialised Homes for temporary Accommodation of

Foreigners (SHTAF) and to those arriving at the desks in the hall of administrative services to

foreigners in the building of the Migration Directorate regarding the legal opportunities for return to

the country of origin. The consultations were conducted as part of IOM activities under the

104 Министерски съвет (2015): Определени са процедурите за прилагане на реадмисионното споразумение между ЕС и

Турция [Procedures for the implementation of the Readmission Agreement between the EU and Turkey have been determined].

Avaliable at: http://www.government.bg/cgi-bin/e-cms/vis/vis.pl?s=001&p=0228&n=6650&g=&vis=000168 (28March 2015)

Page 34: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

34

European Return Fund which expired on 30 June 2015. As a result of these efforts, 89 illegaly

residing foreigners have been returned to their country of origin.

9. COUNTERING TRAFFICKING IN HUMAN BEINGS

9.1. Background and national context

The key governmental body charged with defining and implementing the national policy and

strategy in the field of countering human trafficking is the National Commission for Combating

Trafficking in Human Beings (hereafter NCCTHB). On an annual basis, the Commission elaborates

a National Programme to Combat Trafficking in Human Beings and presents it to the Government.

Over the past few years, it has focused its work on several main areas including institutional and

organizational actions and development; prevention and raising awareness; training and

qualification of staff; protection, rehabilitation and reintegration of victims of trafficking; research

and statistical analysis; and international cooperation.105

Further to this, two separate referral

mechanisms – national referral mechanism for victims of human trafficking and coordination

mechanisms for referral and assistance of unaccompanied minors and children victims of trafficking

returning from abroad – have been designed to direct and synchronize the work of the national

stakeholders responsible for the return, support, reintegration and assistance of victims.106

The

organizational structure of the NCCTHB is supplemented by the Permanent Expert Working Group

comprised of leading experts from public, international and non-governmental organizations

engaged in the fight against human trafficking. A key task of this particular body is to serve as a

tool for external monitoring and assessment of the Commission’s work and the results achieved by

its policies at the national level.107

9.2. Legal developments

Amendments and supplements to the Law on Assistance and Financial Compensation of Victims of

Crime to bring it in line with the Directive 2012/29/EU of the European Parliament and of the

Council of 25 October 2012 establishing minimum standards on the rights, support and protection

of victims of crime, and replacing Council Framework Decision 2001/220/JHA were submitted to

the National Assembly (NA) and adopted at first reading.108

The amendments proclaimed that all

victims of crime of general nature are subject to assistance, while financial compensation remains

limited to the group of crimes, outlined by the law, among which human trafficking. All the

victim’s heirs are specifically included among the subjects of help and financial compensation, if

the victim has died as a result of the crime. Information to victims should be given ‘without undue

delay’. The volume of information to be given and the circle of the authorities, obligated to supply

it, are expanded. New authorities include Bulgaria’s diplomatic offices for victims abroad and

procedural representatives in all cases. Victims should also be informed about the authorities they

can complain to if their rights are violated. An obligation is introduced to take into account victim’s

individual specifics, when giving him/her information. Information is given orally or in writing by a

form in an accessible language victims understand.

105 MoI (2014) EMN Annual Policy Report 2013 on Migration and Asylum Policy in Bulgaria.

106 ibid.

107 NCCTHB (2015) Annual Report, p. 4.

108 National Assembly of the Republic of Bulgaria (2015), Draft Amendments and Supplements to the Law on Assistance and

Financial Compensation of Victims of Crime, available in Bulgarian at http://parliament.bg/bg/bills/ID/15664/

Page 35: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

35

In case of death of the direct victim, psychological and practical help may be expanded onto

victim’s family members or the person he/she lived in co-habitation with, based on an individual

assessment. If needed, psychological help may be given also after obtaining financial compensation.

Practical help is expanded onto giving information about secondary or repeat victimisation and

ways to prevent it. Victim support organisations may provide shelter or other safe housing for

victims.

In 2015, the National Council for Support and Compensation of Victims of Crime (NCSCVC) re-

issued a specialised brochure on the rights of victims in Bulgarian, English, German and French. It

is offered for free circulation in police departments, bodies of the judiciary, victim support

organisations, regional administrations, the State Agency for Child Protection (SACP) and social

assistance directorates. The brochure is also downloadable from the Council’s re-designed website

www.compensation.bg. A mobile version of the website has been developed. The council’s website

has information in Bulgarian and English on the rights of victims, relevant Bulgarian and EU

legislation, contacts of relevant support entities and documents, needed for legal aid and financial

compensation of victims.109

On 14 September 2015, Children’s Centre for Advocacy and Support Zona ZaKrila was opened in

the city of Montana as a joint effort of UNICEF, one of the national television channels, the Social

Activities and Practices Institute (SAPI) and the municipality of Montana. It is considered an

innovative social service for children victims and witnesses of violence and crime. According to its

founders, it brings together good legal aid, medical, psychological and social practices and puts

children in their centre. The centre has been supported by a large-scale media and donation

campaign. The Ministry of the Interior (MoI) and the Social Assistance Agency (SAA) also partner

in the initiative. The centre provides continuous support and advocacy to children victims of

violence and to their families throughout the whole cycle of work on their case. Two more centres

of this type were expected to be opened until the end of 2015 in the cities of Sofia and Shumen.110

9.3. Policy developments

Institutional and organizational actions and development

In 2015, the State Agency for Child Protection (hereinafter SACP) was supplemented by a newly

established working group which elaborated a Coordination mechanism for collaboration between

institutions and organizations aiming to guarantee protection of the rights of unaccompanied foreign

children staying in Bulgaria – including those who have already been granted asylum and

international protection. It is important to mention that the mechanism in question has been

designed in line with the Coordination mechanism for cases of children victims of trafficking, thus

providing them with the protection and assistance they need, including measures of protection,

accommodation and care.

In addition to this, the State Agency for Refugees (hereinafter SAR) initiated the elaboration of a

mechanism for identifying vulnerable groups among migrants and refugees, which is specifically

aimed to support and assist victims of trafficking of human beings among those individuals who

have received a refugee status and international protection. In the upcoming months and years, the

NCCTHB also plans to cooperate with the United Kingdom and other states, in order to exchange

experience and best practices in developing efficient mechanisms for identification and protection

of victims of trafficking among vulnerable migrant groups. Furthermore, in 2016 the Commission

109 Ministry of Justice (2015), Letter No 66-00-165 of 06.10.2015 to the Center for the Study of Democracy, 6 October 2015. 110 UNICEF (2015) First in Bulgaria Zona ZaKrila Opened in Montana, 14 September 2015, www.unicef.bg/bg/article/Parvata-v-

stranata-Zona-ZaKrila-otvori-vrati-v-Montana/923?utm_source=G2++One-off+donors+INDV.&utm_campaign=042ad8d017-

eNewsletter_9+2015&utm_medium=email&utm_term=0_62d98b0eb0-042ad8d017-306559977.

Page 36: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

36

will also conduct a comprehensive research into the specific factors characteristic for the trafficking

of vulnerable migrants, in order to make an objective assessment of their situation and needs.

The list of organizations and institutions working with the national referral mechanism has been

broadened to include the Executive Agency “General Labour Inspectorate”. In addition to this, it is

vital to point out the update and addition of the existing functional hotlines and online platforms for

protection, prevention and contacts of NGOs involved in the referral mechanism for victims of

human trafficking.

For the purposes of enhancing the capacities and efficiency of the Local Commissions for

Combating Trafficking in Human Beings (hereafter LCCTHB) and the better implementation of the

relevant national and local policies, the NCCTHB organized an international conference on

“Collaboration between protection of victims of human trafficking and provision of asylum.” In the

course of the initiative implemented together with foundation “Hans Seidel”, the UNHCR and the

Secretariat of the Council of Europe’s Convention on Action against Trafficking in Human Beings,

a number of leading international, European and Bulgarian experts in prevention of trafficking

exchanged best practices, provided conclusions and recommendations based on the latest analyses

and research.

In addition throughout 2015 the existing volunteer networks for prevention sessions aimed at

raising awareness f the trafficking risks among students from vulnerable groups, did expand.

Prevention and raising awareness

In 2015, the LCCTHB ran locally-oriented campaigns for the issue of labour exploitation and the

ensuing risks of trafficking for the more vulnerable groups in areas with higher levels of THB.

Similar initiatives with a focus on prevention of trafficking for the purposes of sexual exploitation

were also organized in all areas of the country where the LCCTHB operate. Furthermore, in the

light of the EU Anti-Trafficking Day, the NCCTHB and its local departments organized a series of

informational and prevention events, and activities aimed at raising awareness of the nature and

scale of trafficking in Bulgaria. With the assistance of NGOs such as the Foundation for Applied

Research and Communication, and Campaign 21, the initiatives were also designed to help potential

victims avoid the risks of internet and learn how to use it safely. In addition to this, a separate

awareness project was implemented in partnership with World without Borders targeting

specifically representatives of Roma communities found to be particularly vulnerable for the risks

of trafficking.

Throughout 2015, “Animus Association” also ran a national campaign for the prevention of

trafficking and labour exploitation of Bulgarians abroad, while also issuing leaflets designed for

victims of trafficking with useful contacts for assistance, and elaborating manuals for lawyers and

social workers, with guidelines regarding the legal procedures for protection of victims of

trafficking. Another NGO, particularly active in the policy implementation and engaged in various

field activities, is the “Demetra Association” running two crisis centers for children victims of

trafficking and violence in Burgas and the town of Sredets. In 2015, the organization initiated and

ran information campaigns aimed at persons from vulnerable groups accommodated in the crisis

centers and subjected to the risks of trafficking. Further to this, the “Demetra Association” planned

and conducted educational and clarifying talks for victims of trafficking at the crisis centers, in an

attempt to raise their awareness and prevent the risks of potential re-trafficking for the purposes of

sexual exploitation.

Training and qualification of staff

The 2015 the National Programme to Combat Trafficking in Human Beings featured the

organization and implementation of trainings for officials from SAR and MoI, with an emphasis on

Page 37: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

37

improving their skills for the identification of victims of trafficking among migrants – an aspect that

will continue to be vital for the policies and initiatives countering trafficking in human beings. In

addition to this, the Ministry of Labour and Social Policy, in cooperation with the Center for

Development of Human Resources and Regional Initiatives, designed trainings for social support of

individuals and their families, with a specific emphasis and a separate module on human trafficking.

Another initiative was organized by the European Institute. Its project “Multidisciplinary approach

for countering human trafficking through transfer of knowledge and good practices of member

states from the Schengen area” allowed the elaboration of thematic training manuals related to the

issues of organized crime and human trafficking. It is important to point out that the guidelines

proposed were based on comprehensive research and assessment of the level of expertise and the

specific needs of officials from the Border Police and Migration, prosecutors, lawyers and experts

from the State Agency for National Security (hereafter SANS), the National Investigation Service

(hereafter NIS), the NCCTHB and its local departments. More than 150 law-enforcement officials

were trained and introduced to the regulations in the field of trafficking in human beings, to the

various forms of exploitation, to the role, structure and local departments of the NCCTHB, and to

the mechanisms guiding the national and international forms of cooperation.

Protection, rehabilitation and reintegration of victims of trafficking

On a local level, two of the big municipalities where the NCCTHB has local departments (the

LCCTHB in Varna and Burgas) granted the Commission with a free access to two municipal

properties, which were turned into Shelters for temporary residence of victims of human trafficking

and Centers for protection and assistance of trafficked victims. One additional facility of this kind in

Burgas was also awarded by the municipality to facilitate the reintegration of victims of trafficking

and their economic empowerment after the initial stay in the Centers. For the purposes of enhanced

protection and sheltering of victims of trafficking at the local level in Varna, the NCCTHB initiated

a partnership with the foundation “SOS – Families at risk” – an NGO which won the public

procurement for that particular service. In addition to this, the foundation also continued running a

local Crisis center for women and children victims of trafficking and retained its membership in the

Alliance for protection against human trafficking and violence based on gender.

In 2015, together with several other organizations, the NCCTHB engaged in key international

projects, including participation in the implementation of an overall programme – “Swiss-Bulgarian

cooperation for prevention of human trafficking, identification, protection, support, return and

reintegration of victims of trafficking”. The three-year-long programme (2015-2017) is comprised

of three separate project components coordinated and run jointly by the Commission, the foundation

“Animus Association” and the Mission of the International Organization for Migration in Bulgaria.

International cooperation

The efficient international cooperation at different levels and with different partners of the

NCCTHB is a vital part of its National Programme, as it facilitates the exchange of good practices

and the joint effort to counter trafficking in human beings on behalf of Bulgaria as a source country,

and on behalf of the transit and destination countries. In the course of 2015, the NCCTHB took part

in an international conference on countering severe forms of labour exploitation, with a specific

focus on the risk and factors for becoming a victim of trafficking. Further to this, the Secretary of

the NCCTHB attended the annual meeting between the National Rapporteurs and Anti-Trafficking

Coordinators from the EU member states and the countries from South-Eastern Europe – an

occasion where relevant and important definitional and legal amendments were made. Also, the

NCCTHB continued its successful partnership and participation in various international projects,

including “Children, Victims of Trafficking: Our Responsibility”, “Pan-European Monitoring of

Page 38: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

38

Trafficking in Human Beings”, “Improving Coordination and Accountability towards Romanian

Unaccompanied minors Safety”, etc.

BIBLIOGRAPHY AND SOURCES

Legal sources

State Gazette, issue 12, 13.02.2015. Постановление на Министерски съвет № 21/05.02.2015 г.

National Assembly of the Republic of Bulgaria (2002): Закон за убежището и бежанците [Law

on Asylum and Refugees] (State Gazette 54/31.05.2002), Sofia: National Assembly of the Republic

of Bulgaria, available only inBulgarian at: http://lex.bg/laws/ldoc/2135453184 (7March 2014)

National Assembly of the Republic of Bulgaria (1998): Закон за българското гражданство [Law

on Bulgarian Citizenship] (State Gazette 136/18 November 1998), Sofia: National Assembly of the

Republic of Bulgaria, available only inBulgarian at: http://www.lex.bg/bg/laws/ldoc/2134446592

(7March 2014)

National Assembly of the Republic of Bulgaria (1998): Закон за българските лични документи

[Law on Bulgarian Identity Papers] (State Gazette 93/11 August 1998), Sofia: National Assembly

of the Republic of Bulgaria, available only inBulgarian at:

http://www.lex.bg/bg/laws/ldoc/2134424576 (7March 2014)

National Assembly of the Republic of Bulgaria (2000): Закон за българите, живеещи извън

Република България [Law on Bulgarians Residing outside the Republic of Bulgaria] (State Gazette

30/11 April 2000), Sofia: National Assembly of the Republic of Bulgaria, available only

inBulgarian at: http://www.lex.bg/bg/laws/ldoc/2134916612 (7March 2014)

National Assembly of the Republic of Bulgaria (2003): Закон за борба с трафика на хора [Law on

Combating Human Trafficking] (State Gazette 46/20 May 2003), Sofia: National Assembly of the

Republic of Bulgaria, available only inBulgarian at: http://www.lex.bg/bg/laws/ldoc/2135467374

(7March 2014)

National Assembly of the Republic of Bulgaria (2002): Закон за насърчаване на заетостта [Law

on Employment Promotion] (State Gazette 112/29 December 2001), Sofia: National Assembly of

the Republic of Bulgaria, available only inBulgarian at: http://lex.bg/laws/ldoc/-12262909 (7March

2014)

National Assembly of the Republic of Bulgaria (2007): Закон за влизането, пребиваването и

напускането на Република България на гражданите на Европейския съюз и членовете на

техните семейства [Law on Entering, Residing and Leaving the Republic of Bulgaria by the

Citizens of the European Union and Their Family Members] (State Gazette 80/3 October 2006),

Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:

http://www.lex.bg/bg/laws/ldoc/2135535758 (7March 2014)

National Assembly of the Republic of Bulgaria (1998): Закон за чужденците в Република

България [Law on Foreigners in the Republic of Bulgaria] (State Gazette 153/23.12.1998), Sofia:

National Assembly of the Republic of Bulgaria, available only in Bulgarian at:

http://lex.bg/bg/laws/ldoc/2134455296 (7March 2014)

National Assembly of the Republic of Bulgaria (1968): Наказателен кодекс [Criminal Code] (State

Gazette 26/2 April 1968), Sofia: National Assembly of the Republic of Bulgaria, available only

inBulgarian at: http://lex.bg/laws/ldoc/1589654529 (7March 2014)

National Assembly of the Republic of Bulgaria (2008): Закон за признаване на професионални

квалификации [Law on Recognition of Professional Qualifications] (State Gazette 13/8 February

Page 39: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

39

2008), Sofia: National Assembly of the Republic of Bulgaria, available only in Bulgarian at:

http://www.lex.bg/bg/laws/ldoc/2135579101 (7March 2014)

Law on the Ministry of Interior, SG No 53 of 27 June 2014, Sofia: National Assembly of the

Republic of Bulgaria, 2014, available only in Bulgarian at:

http://www.lex.bg/laws/ldoc/2136243824

Instruction No M-3 of 18 July 2011 on the co-operation between the Ministry of Defence and the

Ministry of Interior, SG No 60 of 5 August 2011, available at

http://www.lex.bg/bg/laws/ldoc/2135744408

Reasons of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 454-

01-37. Available only in Bulgarian at: http://parliament.bg/bills/43/454-01-37.pdf

Directive 2011/95/EU on the standards for the qualification of third-country nationals or stateless

persons as beneficiaries of international protection, for a uniform status for refugees or for persons

eligible for subsidiary protection, and for the content of the protection granted. Available at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:337:0009:0026:en:PDF

Directive 2013/32/EU. Available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN

Reasoning of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No

502-01-68. Available only in Bulgarian at: http://parliament.bg/bills/43/502-01-68.pdf

Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:

http://parliament.bg/bg/bills/ID/15672/

Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to

facilitate the exercise of the rights conferred on workers in the context of freedom of movement of

workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG

Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the

conditions for entry and stay of third-country nationals for the purpose of employment as

seasonal workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en

Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the

conditions of entry and residence of third-country nationals in the framework of an intra-corporate

transfer, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN

Law on Employment Promotion promulgated in SG No 112 of 29 December 2001, Sofia: National

Assembly of the Republic of Bulgaria, 2011, in force as of 1 January 2002, available only in

Bulgarian at http://lex.bg/laws/ldoc/-12262909

Reasoning of the Draft Law on Labour Migration and Labour Mobility, available at

http://parliament.bg/bg/bills/ID/15672/

Regulation (EU) № 2011/492 of the European Parliament and of the Council of 5 April 2011 on the

Freedom of Movement for Workers within the EU, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32011R0492&from=PL

Page 40: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

40

Ministry of Interior, Draft Amendments and Supplements to the Law on Foreigners in the Republic

of Bulgaria, available in Bulgarian at

https://www.mvr.bg/RegulatoryFramework/zakonoproekti.htm

Criminal Code, SG No 26 of 2 April 1968, available in Bulgarian at

http://www.lex.bg/laws/ldoc/1589654529

Law on Amending and Supplementing the Law on Defenяe and Armed Forces of the Republic of

Bulgaria, SG No 17 of 2016, available only in Bulgarian at:

http://www.parliament.bg/bg/laws/ID/29770

Bulgarian Parliament (2015), Bill for the Amendment of the Law on the State Agency for National

Security.

Bulgarian Parliament (2015), Bill for the Amendment of the Law on Foreigners in the Republic of

Bulgaria.

National Assembly of the Republic of Bulgaria (2015), Draft Amendments and Supplements to the

Law on Assistance and Financial Compensation of Victims of Crime, available in Bulgarian at

http://parliament.bg/bg/bills/ID/15664/

Reasons of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 454-

01-37. Available only in Bulgarian at: http://parliament.bg/bills/43/454-01-37.pdf

Directive 2013/32/EU. Available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN

Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:

http://parliament.bg/bg/bills/ID/15672/

Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to

facilitate the exercise of the rights conferred on workers in the context of freedom of movement of

workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG

Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the

conditions for entry and stay of third-country nationals for the purpose of employment as seasonal

workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en

Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the

conditions of entry and residence of third-country nationals in the framework of an intra-corporate

transfer, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN

Policy and academic sources

Bezlov, T.,Yordanova, М. and Stoynova, N. (2016)Exploring links between corruption and

trafficking of women: the case of Bulgariа. Sofia: Center for the Study of Democracy.

Council of Europe (2016) 5th

General Report on GRETA’s Activities. Strassbourg: Council of

Europe

Eurostat (2015) Trafficking in Human Beings. Brussels: Eurostat.

Page 41: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

41

National Strategy in the Field of Migration, Asylum and Integration 2011-2020 (NSMAI)

(Министерски съвет (2011), Национална стратегия в областта на миграцията, убежището и

интеграцията 2011-2020 г., 23.02.2011, available at: www.mvr.bg/NR/rdonlyres/EBCD864F-

8E57-4ED9-9DE6-

B31A0F0CE692/0/NationalStrategyinthefieldofMigrationAsylumandIntgrationENG.pdf.),

National strategy for Integration of Beneficiaries International Protection in Bulgaria 2014-2020

(NSIBIP) (Министерски съвет (2014), Национална стратегия за интеграция на лицата,

получили международна закрила в Република България 2014–2020 г., 9. 07.2014, available at:

www.mlsp.government.bg/bg/docs/Refugees%20Integration%20Strategy-FINAL-July2014.pdf.)

NCCTHB (2015) Annual Report. Sofia: National Commission for Combating Trafficking in Human

Beings.

Treaty on the Functioning of the European Union. Available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:12012E/TXT&from=EN

UNHCR Representation in Bulgaria - Open Letter from the UNHCR Representation in Bulgaria to

the Law Commission of the Bulgarian Parliament on the Draft Amendments to the Law on Asylum

and Refugees No 454-01-37. Available at:

http://www.parliament.bg/pub/cW/20150123013341Komentari%20VKBOON_ZID%20ZUB454-

01-37.PDF;

International Detention Coalition - Open Letter from the International Detention Coalition to the

Law Commission of the Bulgarian Parliament on the Draft Amendments to the Law on Asylum

and Refugees No 454-01-37. Available at:

http://www.parliament.bg/pub/cW/20150511030700PG-539-00-70_8.05.15.pdf;

Centre for Legal Aid ‘Voice in Bulgaria’ - Open Letter from the Centre for Legal Aid “Voice in

Bulgaria” to the Law Commission of the Bulgarian Parliament on the Draft Amendments to the

Law on Asylum and Refugees No 454-01-37. Available at:

http://www.parliament.bg/pub/cW/20150427043516PG-535-00-9_27.04.15.pdf;

Bulgarian Helsinki Committee - Open Letter from the Programme for Legal Protection of Refugees

and Migrants of the Bulgarian Helsinki Committee to the Law Commission of the Bulgarian

Parliament on the Draft Amendments to the Law on Asylum and Refugees No 454-01-37.

Available at: http://www.parliament.bg/pub/cW/20150427042636%D0%9A%D0%9F-539-00-

7...21.04.2015.pdf

Savova, I. (Oct. 2015) Country Report: Bulgaria, Aida Asylum Information Database.

Belgrade Centre for Human Rights, Safe Passage. Testimony of people arriving in Dimitrovgrad,

Serbia from Bulgaria, 20-22 October 2015;

Amnesty International Public Statemen, 11 Dec. 2015: Bulgaria: It’s time to address the allegations

of abuse of refugees and migrants by the police.

Open Letter from the Confederation of Employers and Industrialists in Bulgaria to the Minister of

Labour and Social Policy of the Republic of Bulgaria, available at:

http://krib.bg/bg/positions/Proekt-na-Zakon-za-trudovata-migratziya-i-trudovata-mobilnost/

Page 42: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

42

Open Letter from the Bulgarian Industrial Association to the Minister of Labour and Social Policy

of the Republic of Bulgaria (07/01/2016), available at: http://www.bia-

bg.com/standpoint/view/21436/

Open Letter from the Bulgarian Industrial Capital Association to the Chairman of the Parliamentary

Commission on Economic Policy and Tourism (11/01/2016), available at:

http://parliament.bg/pub/cW/20160115122338kip-606-01-1%20-%20ZTMTM%20-%20AIKB.pdf

Frontex (2015), Risk Analysis Network Quarterly Report: July-September 2015.

Council of Ministers (2015). Plan for the Implementation of Additional Measures in a Situation of

Increased Migration Pressure on the Territory of the Republic of Bulgaria, January-December 2015

Bulgarian Helsinki Committee (2015), Annual Report on Border Monitoring in 2014.

Human Rights Watch (20 January 2016), Bulgaria: Pushbacks, Abuse at Borders. Available at

https://www.hrw.org/news/2016/01/20/bulgaria-pushbacks-abuse-borders

New York Times (23 December 2015) Bulgarian Border Police Accused of Abusing Refugees.

Available at: http://www.nytimes.com/2015/12/24/world/europe/bulgarian-border-police-accused-

of-abusing-

refugees.html?_r=0&module=ArrowsNav&contentCollection=Europe&action=keypress&region=F

ixedLeft&pgtype=article

European Commission Press Release: Meeting on the Western Balkans Migration Route. Available

at: http://europa.eu/rapid/press-release_IP-15-5904_en.htm (26 March 2015)

Frontex (2015), Risk Analysis Network Quarterly Report: September- December 2015.

Frontex, Western Balkans Risk Analysis Quarterly Report: July-September 2015.

Open Society Institute (2012): Report on Civil Monitoring in the Specialized Centers for the

Temporary Accommodation of Foreigners at the Ministry of the Interior for the Period January-

June 2011.

UNICEF (2015) First in Bulgaria Zona ZaKrila Opened in Montana, 14 September 2015,

www.unicef.bg/bg/article/Parvata-v-stranata-Zona-ZaKrila-otvori-vrati-v-

Montana/923?utm_source=G2++One-off+donors+INDV.&utm_campaign=042ad8d017-

eNewsletter_9+2015&utm_medium=email&utm_term=0_62d98b0eb0-042ad8d017-306559977

Български език

Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет

за 2015 г., София, достъпен на: http://www.aref.government.bg/?cat=8, последно посетена на

24.03.2015 г.

МВР, Месечна информация относно миграционната обстановка в Република България към

месец декември 2015 г., достъпна на: http://www.mvr.bg/NR/rdonlyres/3BFDD98B-84B0-4906-

96BD-52697D8CDB44/0/Mesechna_spravka_dekemvri_2015.pdf, посетена на: 21 март 2016 г.

Рамка на националния механизъм за изпълнение на ангажиментите на Република България

по Решение 2015/1523/ЕС и Решение 2015/1601/ЕС (Министерски съвет, Решение № 858,

4.11.2015 г.), достъпно на: http://nsmp.mvr.bg/NR/rdonlyres/810F96A5-987C-45E9-B662-

CB01B68E0B3D/0/RMS_relokaciya.pdf, последно посетена на 23 март, 2016 г.

Page 43: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

43

Предпочитания по отношение на лицата, които ще бъдат преместени в Република България в

изпълнение на Решение 2015/1523/ЕС и Решение 2015/1601/ЕС, достъпно на

http://nsmp.mvr.bg/Dokumenti/nacionalen_mehanizum_relokaciya.htm, последно посетена на 23

март, 2016 г.

Отчет за стратегическите цели на Държавната агенция за бежанците при Министерски съвет

за 2015 г., София, достъпен на: http://www.aref.government.bg/?cat=8, последно посетена на

24.03.2015 г.

Дневник (5.03.2016) Общи учения по границата между "Гранична полиция" и военните [The

border police and the Army carry out joint trainings at the border]. Available at:

http://novinite.bg/articles/107242/Obshti-ucheniya-po-granicata-mejdu-Granichna-policiya-i-

voennite

Новините (9.09.2015) Бави се довършването на оградата по границата с Турция. [The

completion of the fence on the border with Turkey is delayed]. Available at:

http://novinite.bg/articles/99273/Bavi-se-dovarshvaneto-na-ogradata-po-granicata-s-Turciya

Главна Дирекция Гранична Полиция (2014), Резюме: Анализ на Риска 2014. Може да се

намери тук: http://www.nsgp.mvr.bg/NR/rdonlyres/3716D320-6080-4EC3-ADDC-

41CE365FC6C6/0/Analiz_2013_FINAL.pdf

Дирекция Миграция (2016), Отчет-анализ за дейността на Дирекция "Миграция"-МВР през

2015 г. - него го пратиха от МВР, но доколкото знам май не е публичен още

Министерство на Вътрешните работи (2015) План за дейността на постоянната комисия по

правата на човека и полицейска етика в МВР през

2015. https://www.mvr.bg/NR/rdonlyres/308C62C2-DA41-4C8D-87BA-

39F09F3BCBCB/0/Plan_PKPCE_2015.pdf

Министерство на Вътрешните работи (2015) Годишен отчет за дейността на постоянна

комисия по правата на човека и полицейска етика в МВР

2014г. https://www.mvr.bg/NR/rdonlyres/DFCA87CA-7FB6-4A76-AEDE-

52D3C1CA6D8C/0/Otchet_PKPCPE_2014.pdf

Page 44: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

44

LIST OF ABBREVIATIONS

API Advanced Passenger Information

BCP Border Check Point

BHC Bulgarian Helsinki Committee

DM Directorate Migration at the Ministry of the

Interior

ERF, ERF External Borders Fund, European return Fund

GDBP General Directorate “Border Police” at the

Ministry of the Interior

JCCPIC Joint Contact Centre for police and International

Cooperation

ISS Integrates Surveillance System

LAR Law on Asylum and Refugees

MES Ministry of Education and Science

MLSP Ministry of Labour and Social Policy

MoD Ministry of Defense

MoI Ministry of the Interior

NCMI The National Council on Migration and

Integration

NEA National Employment Agency (at the Ministry

of Labour and Social Policy)

NSI National Statistical Institute

NSIPRIPRB National Strategy for Integration of persons who

received International protection in the Republic

of Bulgaria (2014 – 2020)

NSAMAI National Strategy in the Area of Migration,

Asylum and Integration (2015 – 2020)

NSMAI National Strategy on Migration, Asylum and

Integration (2011 – 2020)

NSSI National Social Security Institute

PNR Passenger Name Record

RDBP Regional Directorate “Border Police” at the

Ministry of the Interior

SABA State Agency for Bulgarians Abroad

SACP State Agency for Child Protection

SANS State Agency for National Security

SAR State Agency for Refugees at the Council of

Ministers

SHTAF Specialized Home for Temporary

Accommodation of Foreigners

Page 45: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

45

ANNEX: IMPLEMENTATION OF EU LEGISLATION

In 2015, two sets of amendments and supplements to the Law on Asylum and Refugees (hereafter

‘LAR’) were adopted, one in October and one in December.

The first important set of amendments and supplements to the LAR was adopted on 2 October 2015

and came into force on 16 October. They serve to transpose Directive 2011/95/EU on the standards

for the qualification of third-country nationals or stateless persons as beneficiaries of international

protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for

the content of the protection granted (hereafter ‘the Qualification Directive’) as well as Directive

2013/33/EU, which lays down the standards for the reception of applicants for international

protection (hereafter ‘the Reception Conditions Directive’), into Bulgarian legislation. Both

directives being beyond their transposition deadlines, the amendments brought Bulgarian legislation

in line with EU law through introducing new provisions in accordance with the standards of the

Common European Asylum System and through harmonising the already existing provisions.111

Another set of amendments to the LAR was adopted in December 2015 to transpose into Bulgarian

legislation Directive 2013/32/EU on the common procedures for granting and withdrawing

international protection112

(hereafter the ‘Common Procedures’ Directive) whose main objective is

to further develop the standards and procedures for granting and withdrawing international

protection status in Member States with a view to establishing a common asylum procedure in the

EU.

Through the adoption of the two amendment packages to the Law on Asylum and Refugees in

October and December 2015, Bulgaria not only fulfilled its commitments arising from its

membership in the EU, but also significantly improved its Law on Asylum and Refugees by filling

a number of existing legislative gaps in this area, synchronising some important concepts and

introducing provisions that contribute to a more effective carrying out of the procedures for granting

international protection in respect for the fundamental rights of those seeking protection while at the

same time ensuring that public order and national security are not jeopardised.

A Draft Law on Labour Migration and Labour Mobility (hereafter ‘LLMLM’) was approved on 23

December 2015 with Decision № 1018 of the Council of Ministers, was submitted to Parliament

and is expected to come into force in May 2016.113

Its main objective is to transpose the provisions on the free movement of workers within the

European Union and the employment of third-country nationals which are contained in three recent

EU Directives – Directive 2014/54/EU of the European Parliament and the Council of 16 April

2014 on the measures to facilitate the exercise of the rights granted to workers in the context of

freedom of movement of workers114

, Directive 2014/36/EU of the European Parliament and of the

Council of 26 February 2014 on the conditions for entry and residence of third-country nationals for

111 Reasons of Draft Law on Amending and Supplementing the Law on Asylum and Refugees, No 454-01-37. Available only in

Bulgarian at: http://parliament.bg/bills/43/454-01-37.pdf

112Directive 2013/32/EU. Available at: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=EN

113 Draft Law on Labour Migration and Labour Mobility, 502-01-100, available in Bulgarian at:

http://parliament.bg/bg/bills/ID/15672/

114 Directive 2014/54/EU of the European Parliament and the Council of 16 April 2014 on measures to facilitate the exercise of the

rights conferred on workers in the context of freedom of movement of workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0054&from=BG

Page 46: Annual Report on Migration and Asylum Policy · 2017-02-21 · migration, asylum and integration in Bulgaria in the period January 1 – December 31, 2015. The Report was compiled

46

employment as seasonal workers115

and Directive 2014/66/EU of the European Parliament and of

the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals

within the intra-corporate transfer116

.

115 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions for entry and stay of

third-country nationals for the purpose of employment as seasonal workers, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0036&from=en

116 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of

third-country nationals in the framework of an intra-corporate transfer, available at: http://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:32014L0066&from=EN