Statistics on enforcement of immigration legislation

This is the stable Version.


Data extracted in June 2018.

Planned update: June 2019.

Highlights

37% fewer non-EU citizens found to be illegally present in the EU in 2017 compared with 2016.

Almost 190 000 non-EU citizens were returned outside of the EU in 2017, 17.4 % fewer than in 2016.

Record number of non-EU citizens refused entry into the EU in 2017 (440 000), the highest since 2009.

Non-EU citizens found to be illegally present in the three most affected EU Member States, 2008-2017

This article presents indicators on the enforcement of immigration legislation. It provides statistics on: third country or non-European Union (EU) citizens who were refused entry at the external borders of the EU [1]; non-EU citizens who were illegally present on the territory of an EU Member State; and non-EU citizens who were ordered to leave the territory of an EU Member State [2]. Each of these indicators can be regarded as an official record of persons subject to the enforcement of EU immigration legislation, providing a general overview of the outcomes of territorial surveillance and control procedures.

Full article

Latest trends in enforcement statistics

In 2017, almost 620 000 non-EU citizens were found to be illegally present in the EU; this was down by 37 % compared with one year before and by 71 % when compared with the unprecedented levels of 2015

Figure 1 provides an overview of the information available for the EU pertaining to non-EU citizens who were subject to the enforcement of immigration legislation. Note that the situation for individual EU Member States was varied, reflecting specific national characteristics, such as national wealth, history and culture, geographical position, type and length of borders, border infrastructure, border control, judicial procedures, national policies and the legal context of irregular migration.

Among the five main indicators for statistics on the enforcement of immigration legislation, the data on non-EU citizens who were found to be illegally present in the EU fluctuated from year to year at a rapid pace. The flow of irregular migrants entering the EU reached unprecedented levels in 2015, peaking at 2.2 million persons found to be illegally present, before falling almost as fast to 618 780 some two years later in 2017 (see Figure 1). These declines reflect not only a reduction in the number of irregular migrants following the exceptional migration flows of recent years, but also changes in national policies among the EU Member States in reaction to these events, which may have impacted on how checks on illegally present non-EU citizens were performed/enforced; note also that double-counting of the same person by different EU Member States cannot be excluded.

The number of non-EU citizens who were issued with an order to leave the EU fell for five consecutive years between 2008 and 2013, but then increased in successive years to reach a relative high of 533 400 by 2015. The two most recent reference periods for which data are available revealed that the number of non-EU citizens who were issued with an order to leave the EU fell and then rose again, reaching 516 100 persons in 2017. Following the receipt of an order to leave the territory of an EU Member State, some 213 500 non-EU citizens were returned to another country in 2017: the vast majority of these (188 900) were returned to non-member countries.

The number of non-EU citizens who were refused entry into the EU stood at 439 500 in 2017; this was the highest figure recorded since 2009.
Figure 1: Non-EU citizens subject to the enforcement of immigration legislation in EU Member States, 2008-2017
(number)
Source: Eurostat (migr_eirfs), (migr_eipre), (migr_eiord) and (migr_eirtn)

Non-EU citizens found to be illegally present

In 2017, 618 780 non-EU citizens were found to be illegally present in the EU. This was down by 37 % compared with one year before (983 860) and by 71 % when compared with the unprecedented levels of 2015 when the total number of non-EU citizens found to be illegally present stood at 2 154 675.

The EU Member State which reported the largest number of non-EU citizens found to be illegally present in 2017 was Germany (156 710), followed by France (115 085), Greece (68 110), the United Kingdom (54 910) and Spain (44 625); these five Member States together accounted for 71.0 % of all those found to be illegally present in the EU. At the other end of the range, five Member States — Finland, Estonia, Malta, Latvia and Luxembourg — each recorded less than 1 000 non-EU citizens found to be illegally present in 2017 (see Map 1).
Map 1: Non-EU citizens found to be illegally present, 2017
(number)
Source: Eurostat (migr_eipre)

Figure 2 looks in more detail at the five EU Member States where — during the period 2008-2017 — the highest number of persons who were found to be illegally present were reported. The patterns observed in each of these Member States varied considerably. In Greece and Germany, there was a marked peak in the number of illegally present non-EU citizens in 2015. This figure peaked in Greece in 2015 at 911 470 persons, but then fell rapidly to 204 820 persons in 2016 and fell again to 68 110 persons in 2017. By contrast, the number of non-EU citizens who were found to be illegally present in Germany rose to a high of 376 435 persons in 2015, a level that was almost maintained in 2016 when there were 370 555 illegally present persons found; the latest information available for 2017 reveals that the number of such persons in Germany fell by more than half compared with 2016, down to 156 710 persons.

In France and the United Kingdom, the number of non-EU citizens found to be illegally present followed a pattern that was similar to the overall figures for the EU, initially falling, before rising in 2014 and 2015, and then falling again in 2016. However, while the number of persons found to be illegally present continued to fall in 2017 in the United Kingdom (in keeping with the situation in most of the other EU Member States), there was an increase in the number of non-EU citizens found to be illegally present in France; their number rose to 115 085 in 2017 (thereby surpassing Greece in terms of the number of persons found to be illegally present).
Figure 2: Non-EU citizens found to be illegally present in the five most affected EU Member States, 2008-2017
(number)
Source: Eurostat (migr_eipre)

Non-EU citizens found to be illegally present - by sex and age

Irregular migration was predominantly a male issue, as shown by the information presented in Figure 3. An analysis by sex of the number of non-EU citizens who were found to be illegally present in the EU indicates that almost four fifths (79.3 %) of the total recorded number in 2017 concerned men. This proportion was nevertheless lower than the corresponding share recorded in 2008 (the first reference year for which data are available), when men accounted for 87.4 % of all illegally staying persons found; note the geographical coverage for the EU aggregate in 2008 excludes information for Bulgaria, Germany, Spain, Croatia, Luxembourg, Portugal and Sweden.

In 2017, young men aged 18-34 years accounted for more than half of all non-EU citizens found to be illegally present in the EU

In 2017, most non-EU citizens who were found to be illegally present in the EU were young males aged between 18 and 34 years (51.1 % of the total recorded number). They were followed by men aged 35 years and more, with this cohort accounting for 18.4 % of the total number of all illegally staying persons found; the only other cohort to record a double-digit share of the total was young women aged 18-34 years (10.0 %).

A more detailed analysis of the situation in 2017 by age reveals that persons aged 18-34 years accounted for 61.2 % of the total number of non-EU citizens who were found to be illegally present in the EU, while just over one quarter (25.8 %) of the total were aged 35 years or over and just over one eighth (13.1 %) were children aged 17 or under; in absolute numbers, there were 79 210 children aged less than 18 years who were non-EU citizens found to be illegally present in the EU in 2017.
Figure 3: Non-EU citizens found to be illegally present in the EU, by sex and age, 2008 and 2017
(number)
Source: Eurostat (migr_eipre)

Albanians accounted for the highest number of non-EU citizens found to be illegally present in the EU in 2017

On the basis of available information, during the period 2008-2010, the highest number of non-EU citizens found to be illegally present in the EU was recorded among Albanian and Afghan citizens, followed during 2011 and 2012 by Afghan and Pakistani citizens. There was a major change as of 2013, when Syrian citizens accounted for the highest number of persons found to be illegally present in the EU and this pattern was repeated in each of the next three years (2014-2016), with a notable peak of 859 035 persons in 2015 (see Table 1). Pakistani citizens were the second largest group of non-EU citizens found to be illegally present in the EU during 2013, Eritrean citizens during 2014, and Afghan citizens in both 2015 and 2016.

Looking at the last three years, the number of non-EU citizens who were found to be illegally present in the EU generally declined from its peak in 2015, falling in both 2016 and again in 2017, possibly reflecting new migrant policies being put in place. The total number of persons found to be illegally present across the EU fell by 54.3 % in 2016 (compared with the year before) and by a further 37.1 % in 2017. The largest reduction — in absolute and relative terms — was recorded for Syrian citizens, their numbers falling to 213 080 in 2016 and 39 335 in 2017. A similar pattern was observed for those found to be illegally present Afghan citizens as their number fell to 151 825 in 2016 and 35 415 in 2017.

An analysis of the most recent developments for 2017 reveals that there was a large reduction in the number of citizens from Syria who were found to be illegally present (-81.5 % compared with 2016), while large declines in numbers were also recorded for Afghan citizens (-76.7 %), Iranian citizens (-60.9 %) and Iraqi citizens (-60.8 %). By contrast, there was a 10.8 % increase in the number of Albanian citizens who were found to be illegally present in the EU during 2017. As a result, Albanian citizens accounted for the highest number (40 025 persons) of non-EU citizens having been found to be illegally present in the EU in 2017. A ranking for other non-EU citizens reveals that there were relatively similar numbers of Syrian (39 335), Moroccan (38 060), Iraqi (36 405), Afghan (35 415), Ukrainian (33 795) and Pakistani (also 33 580) citizens who were found to be illegally present in the EU.
Table 1: Top 30 countries of citizenship of non-EU citizens found to be illegally present in the EU, 2008-2017
(number)
Source: Eurostat (migr_eipre)

Non-EU citizens ordered to leave the EU

Following a period (2008-2013) when there were progressively fewer non-EU citizens presented with orders to leave, there was a reversal in the pattern between 2013 and 2015 as the numbers increased (see Figure 1). This was followed by a decline in 2016 (to 493 785), and an increase in 2017, when the total number of non-EU citizens ordered to leave EU territories stood at 516 115.

Disparities in migration policies, administrative, statistical and legal acts, as well as judicial procedures contribute to some of the differences observed between EU Member States, with any changes in these potentially influencing the resulting statistics. That said, on the basis of information available for 25 EU Member States in both 2008 and 2017 (excluding Denmark, Croatia and Luxembourg), the number of citizens ordered to leave the EU fell overall by almost one sixth (15.9 %).

Of the almost 520 000 persons ordered to leave EU Member States in 2017, 18.8 % were ordered to leave Germany, 16.4 % to leave France and 10.6 % to leave the United Kingdom; none of the other Member States recorded double-digit shares (see Table 2). The number of non-EU citizens ordered to leave Bulgaria fell by over 11 520 between 2016 and 2017, while Finland (down nearly 10 720), the United Kingdom (down nearly 4 985), Austria (down 3 000), Hungary (down just over 2 035) and the Netherlands (down by more than 1 000) were the only other Member States to report declines of more than 1 000 persons in their respective numbers of non-EU citizens that were ordered to leave. It was more common to find that the number of non-EU citizens ordered to leave increased between 2016 and 2017: this was particularly the case in Germany (an increase of over 27 160 persons), Greece (up almost 11 975), Poland (up nearly 5 000), Italy and France (both up by almost 4 000), Sweden (up almost 3 000) and the Czech Republic (up by more than 2 300).
Table 2: Non-EU citizens ordered to leave EU territories, 2008-2017
Source: Eurostat (migr_eiord)

Figure 4 presents information on non-EU citizens who were issued with an order to leave an EU Member State in 2016 and 2017. These were predominantly citizens of Morocco (34 330 in 2017), Ukraine (32 395), Albania (30 950), Iraq (29 540), Pakistan (29 250) and Afghanistan (29 035), while Algerian citizens (23 570) were the only other group that numbered more than 20 000.

A comparison with 2016 reveals that the largest absolute increases in the number of citizens being ordered to leave EU territories were recorded for Ukraine (5 385), Nigeria, Tunisia and Pakistan (all around 4 000), while the largest absolute decreases in non-EU citizens being ordered to leave were recorded for Kosovo[3] (6 500 fewer cases), Serbia (5 440 fewer), Albania and Iraq (both 4 000 above).
Figure 4: Top 20 countries of citizenship of non-EU citizens ordered to leave EU territories, 2016 and 2017
(number)
Source: Eurostat (migr_eiord)

Returns of non-EU citizens

Almost 190 000 non-EU citizens were returned outside of the EU in 2017

In 2017, 188 905 non-EU citizens who had been issued with an order to leave the territories of an EU Member State were returned outside of the EU. As such, this marked a reduction of 17.4 % when compared with a year before when there had been 228 625 non-EU citizens returned to a non-EU Member State. However, there were generally modest changes observed over the last nine years for which data are available, as the number of non-EU citizens returned ranged from a low of 167 150 returns in 2011 to a relative peak (for the time series presented) in 2016 (see Figure 1).

In 2017, Albanians (31 180) topped the list of non-EU citizens returned to a non-EU country (see Figure 5), maintaining their top position from 2016 when there had been 42 665 Albanian citizens returned from EU territories. In 2017, the next highest numbers of returns were recorded for citizens of Ukraine (25 775) and Morocco (10 190); there were no other countries for which more than 10 000 of their citizens were returned in 2017.

A comparison between 2016 and 2017 shows the largest increases in absolute terms were in the total number of citizens returned to Ukraine, Moldova, Georgia and Algeria in 2017, whereas largest reductions were in the number of citizens returned to Albania, Iraq and Kosovo (see Figure 5).

Figure 5: Top 20 countries of citizenship of non-EU citizens returned to their country of origin from the EU, 2016 and 2017
(number)
Source: Eurostat (migr_eirtn)

Types of returns and assistance received

In recent years there has been an increase in demand for more detailed information on the enforcement of immigration legislation, which has resulted from increased interest/awareness concerning developments of new statistics on returns (including collection of new statistics on returns by type of return and assistance received). A majority of EU Member States have provided additional statistics to Eurostat (on a voluntary basis) with more detailed indicators concerning returns of non-EU citizens; this information is based on a harmonised set of methodological guidelines.

One of these new data sets provides information on the type of returns: these data are available for 21 of the EU Member States in 2017 as data for Germany, Greece, Cyprus, Lithuania, the Netherlands, Finland and the United Kingdom are not available. Based on the information that is available for these 21 Member States, there were 93 425 returns in 2017, of which 56.9 % involved people who left the territory voluntarily, while 42.3 % were enforced returns; there were also a small number of non-classified returns from the Czech Republic and Italy — less than 1.0 % of the EU total.

Figure 6 shows that there was a great variation in the proportion of returns accounted for by voluntary and enforced returns in each of the EU Member States, as voluntary returns accounted for less than one fifth of all returns from the Czech Republic (note that many returns are not classified), Hungary, Spain, Denmark and Portugal, but for more than three quarters of all returns from Romania, Estonia, Slovakia, Latvia and Poland; it should however be noted that recording voluntary returns cases can be impacted by quality issues and that comparability may therefore be limited.
Figure 6: Share of non-EU citizens returned to their country of origin, by type of return, 2017
(%)
Source: Eurostat (migr_eirt_vol)

Another new data set provides information on types of assistance received by non-EU citizens who left the EU to facilitate their return. Some return programmes funded by the EU, national or international organizations provide reintegration support for returnees. This may include administrative, logistical and/or financial support to migrants who decide to return to their country of origin.

Figure 7 shows that across the 18 EU Member States for which data are available (no information for the Czech Republic, Denmark, Germany, Greece, Spain, Cyprus, Lithuania, the Netherlands, Finland and the United Kingdom), there were 70 170 returns in 2017, of which 25.0 % were assisted returns and 75.0 % were non-assisted returns.
Figure 7: Non-EU citizens who left the EU, by type of assistance received, 2017
(%)
Source: Eurostat (migr_eirt_ass)

There was a certain degree of variation between the EU Member States concerning whether assistance was given or not to non-EU citizens leaving the EU in 2017. For example, almost 9 out of every 10 (89.0 %) non-EU citizens who left Hungary in 2017 were assisted in their return, while a majority of non-EU citizens leaving Austria (71.6 %), Luxembourg (64.0 %), Ireland (55.6 %) and Belgium (54.7 %) were also assisted in their return. By contrast, less than 5.0 % of the non-EU citizens leaving Poland, Portugal, Slovenia or Croatia benefitted from an assisted return.

Non-EU citizens refused entry into the EU

In 2017, Spain accounted for almost half of all non-EU citizens who were refused entry into the EU

In 2017, some 439 505 non-EU citizens were refused entry into the EU at one of its external borders. Nearly half of the total number of refusals were recorded in Spain (203 025), with the next highest numbers in France (86 320) and Poland (38 660); together these three EU Member States accounted for almost three quarters (74.6 %) of the total number of non-EU citizens refused entry into the EU in 2017 (see Figure 8 and Table 3). Note that the overwhelming share of non-EU citizens who were refused entry into Spain were Moroccan citizens who tried to enter one of the two Spanish territories on the African continent, namely, Ceuta and Melilla.
Figure 8: Share of non-EU citizens refused entry into the EU, 2017
(%)
Source: Eurostat (migr_eirfs)

On the basis of available information for the EU Member States, the total number of people refused entry into the EU dropped from almost 635 000 in 2008 to a low of just under 287 000 in 2014, before rising during three successive years over the period 2015-2017 (see Table 3). Excluding Croatia (for which only partial information exists), there was an overall reduction of just less than one third (-32.4 %) in the total number of non-EU citizens refused entry into the EU between 2008 and 2017.

In 2017, the total number of refusals made in Spain was considerably lower (at 203 025) than in 2008 (when there had been 510 010 refusals); the share of Spanish refusals in the total number of refusals in the EU decreased from 80.3 % in 2008 (excluding Croatia) to 46.2 % in 2017 (including Croatia). The opposite pattern — with increases in numbers of refusals — was apparent in France, Poland and Greece: between 2008 and 2017 they recorded the largest increases in their respective numbers of refusals, with their share of the total number of refusals in the EU also rising.
Table 3: Non-EU citizens refused entry, 2008-2017
Source: Eurostat (migr_eirfs)

In 2017, the vast majority (84.4 %) of non-EU citizens who were refused entry into the EU were stopped at external land borders; the share of refusals at air borders was 12.9 %, while only a small proportion (2.7 %) of total refusals for entry into the EU were at sea borders; note that some of the EU Member States are landlocked and hence, by definition, do not have any sea borders, while others have just internal borders within the Schengen area (the compilation of statistics on refused entry generally only concerns external borders of the Schengen area, although internal borders may be considered in exceptional cases, such as when a temporary border control is introduced between Schengen members).

These differences in the data analysed by type of border were largely influenced by the high number of refusals recorded at external land borders in the Spanish territories of Ceuta and Melilla. Besides Spain, there were relatively high numbers of refusals at land borders in France, Poland, Greece and Hungary in 2017 (see Table 4); none of the other EU Member States for which data are available recorded in excess of 10 000 refusals at land borders. As regards air borders, France and the United Kingdom had the highest numbers of refusals (almost 10 000 each), followed by Italy and Spain (both around 7 000); none of the other EU Member States for which data are available recorded in excess of 5 000 refusals at air borders. Italy, the United Kingdom (both around 4 000) and Spain (nearly 2 000) reported the highest numbers of refusals at sea borders for 2017; none of the other EU Member States for which data are available recorded in excess of 1 000 refusals at sea borders.
Table 4: Non-EU citizens refused entry, by type of border, 2017
Source: Eurostat (migr_eirfs)

The highest number of citizens refused entry into the EU in 2017 were Moroccans, principally trying to cross the land border with the Spanish territories of Ceuta and Melilla

Figure 9 shows the most common origins of citizens refused entry into the EU in 2017, with the data analysed according to the type of border across which they were trying to gain access. As noted above, the information presented is dominated by the high number of non-EU citizens being refused entry into the EU at land borders between the Spanish territories of Ceuta and Melilla on one hand and Morocco on the other, while the total number of Moroccan citizens refused entry into the EU (by any means) was 202 820. The next highest numbers of refusals were recorded for citizens of Albania (35 665), Ukraine (33 530), Russia (11 530) and Sudan (11 015); Albanian citizens were mainly refused entry at Greek, Hungarian, Croatian or Slovenian land borders, or Italian sea and air borders, while the majority of the Ukrainian and Russian citizens who were refused entry into the EU tried to cross land borders with Poland.
Figure 9: Top 20 countries of citizenship of non-EU citizens refused entry into the EU, by type of border, 2017
(number)
Source: Eurostat (migr_eirfs)
Looking at the reasons for entry refusal — which are based on the Schengen Borders Code — the highest number of non-EU citizens who were refused entry into the EU was recorded for those with no valid travel documents (268 475). Figure 10 shows that their number grew rapidly in 2017 when compared with 2016 (when there were 54 995 refusals as a result of non-EU citizens not having valid travel documents), and that this rapid increase could be largely attributed to the rising number of refusals at Spanish, French and Polish borders. The next most common grounds for refusing entry of non-EU citizens into the EU in 2017 were not being able to justify the purpose and conditions of stay and not having a valid visa or residence permit.
Figure 10: Non-EU citizens refused entry into the EU, by grounds of entry refusal, 2016 and 2017
(number)
Source: Eurostat (migr_eirfs)

Data sources

Statistics on the enforcement of immigration legislation are based on administrative data provided by national authorities in line with the requirements of Regulation (EC) No 862/2007 concerning statistics on migration and international protection. The compilation of these statistics draws on the terms used by the Schengen Borders Code, an EU code on the rules governing the movement of persons across borders (Regulation (EU) No 2016/399); for more information on the Schengen area, see here.

Statistics on the enforcement of immigration legislation exclude outgoing asylum seekers who are transferred from one EU Member State to another under the mechanism established by the Dublin Regulation (Regulation (EC) No 1560/2003 and Regulation (EU) No 604/2013); these cases are covered by Dublin statistics.

Data presented in the article have been rounded to the nearest 5. Due to the rounding, the sum of non-EU citizens may not necessarily match all-over total.

Context

The enforcement of migration law refers to two main issues: controlling the EU’s external borders and the management of unauthorised non-EU citizens found on the territory of an EU Member State. Coordination between EU Member States regarding border controls has increased significantly over the last decade. The most noteworthy developments concern Regulation (EC) No 2007/2004 which established the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the EU (FRONTEX); Regulation (EU) No 2016/399 establishing a Code on the rules governing the movement of persons across borders (the Schengen Borders Code); and Regulation (EU) No 2016/1624 on the European Border and Coast Guard, which also amended Regulation (EU) No 2016/399 and repealed Regulation (EC) No 2007/2004.

Regarding the management of irregular migrant populations, the so-called Return Directive (2008/115/EC) came into force at the end of 2010 establishing common standards for returning non-EU citizens illegally staying in the EU. The directive provides for clear, transparent, common and fair rules for return and removal, the use of coercive measures, detention and re-entry, while respecting the human rights and fundamental freedoms of the persons concerned.

In addition, Regulation (EU) No 1052/2013 established the European border surveillance system (EUROSUR). This provides ‘a common framework for the exchange of information and for the cooperation between EU Member States and FRONTEX’. The aim of this system is to improve situational awareness and to increase reaction capabilities at external borders of the EU for the purpose of detecting, preventing and combating illegal immigration and cross-border crime, while contributing to ensuring the protection and saving of migrant lives.

As regards measuring the enforcement of immigration legislation, the progress made so far on collecting harmonised data results from the adoption of Regulation (EC) No 862/2007, in particular Articles 5 and 7. This regulation aims to support evidence-based decision-making, providing specifications concerning the data that should be submitted by EU Member States on the number of non-EU citizens refused entry at the EU’s external borders, the number of non-EU citizens apprehended for being illegally present in the EU, and the number of non-EU citizens who were removed from EU territories as a result of their presence being unauthorised. Irregular migration remains a phenomenon difficult to quantify, especially during times when an effective and humane ‘returns policy’ is considered by many to form an essential part of migration policy.

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Enforcement of Immigration Legislation (migr_eil)
Third country nationals refused entry at the external borders — annual data (rounded) (migr_eirfs)
Third country nationals found to be illegally present — annual data (rounded) (migr_eipre)
Third country nationals ordered to leave — annual data (rounded) (migr_eiord)
Third country nationals returned following an order to leave — annual data (rounded) (migr_eirtn)
Third-country nationals who have left the territory by type of return and citizenship (migr_eirt_vol)
Third-country nationals who have left the territory by type of assistance received and citizenship (migr_eirt_ass)
Third-country nationals who have left the territory to a third country by type of agreement procedure and citizenship (migr_eirt_agr)
Third-country nationals who have left the territory to a third country by destination country and citizenship (migr_eirt_des)


Notes

  1. EU aggregates are computed as the sum of the statistics available for the EU Member States at a national level. It is possible that the statistics for the EU involve some double counting of individuals if they are found to be illegally present in more than one Member State.
  2. Statistics on the enforcement of immigration legislation refer to the concept of external borders for all EU Member States and EFTA countries, even if some of these are not in the Schengen area. The external borders of the Schengen area do not coincide with the external borders of the EU Member States due to: opt-outs for Ireland and the United Kingdom from the Schengen area; Bulgaria, Croatia, Cyprus and Romania are not yet members of the Schengen area; Iceland, Liechtenstein, Norway and Switzerland are part of the Schengen area but not members of the EU.
  3. This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.