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Document 52012DC0443
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Possible Migratory and Security Impacts of Future Visa Liberalisation for the Republic of Moldova on the European Union Preliminary Assessment
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Possible Migratory and Security Impacts of Future Visa Liberalisation for the Republic of Moldova on the European Union Preliminary Assessment
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Possible Migratory and Security Impacts of Future Visa Liberalisation for the Republic of Moldova on the European Union Preliminary Assessment
/* COM/2012/0443 final */
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Possible Migratory and Security Impacts of Future Visa Liberalisation for the Republic of Moldova on the European Union Preliminary Assessment /* COM/2012/0443 final */
REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL Possible Migratory and Security Impacts of
Future Visa Liberalisation
for the Republic of Moldova on the European Union
Preliminary Assessment 1 - Introduction 1.1. Background The Action Plan on Visa Liberalisation
(VLAP) was presented to the Moldovan authorities by the Commission on 24
January 2011. The Commission reported regularly to the European Parliament and
to the Council on the implementation of the VLAP. The First Progress Report was
presented on 16 September 2011[1]. The Second Progress Report was presented on 9 February 2012[2]. The Commission adopted a Report to the
European Parliament and the Council on the Implementation by the Republic of
Moldova of the Action Plan on Visa Liberalisation on 22 June 2012[3]. According to the VLAP methodology, the
Commission was also requested to provide "a wider assessment of possible
migratory and security impacts of future visa liberalisation for Moldovan
citizens travelling to the EU". 1.2. Methodology To prepare this assessment, the Commission
involved the relevant EU Agencies and stakeholders whose contributions were
considered necessary, namely Europol, the EU Border Assistance Mission to the
Republic of Moldova and Ukraine (EUBAM), Frontex and the European University
Institute - Migration Policy Centre (EUI). On 12 October 2011 the Commission
held a meeting with their participation. In January 2012 Europol[4], EUBAM[5], Frontex[6] as well as EUI[7] delivered their assessment of the possible migratory and/or
security impacts of future visa liberalisation. A contribution was also requested from the
Republic of Moldova at the Senior Officials Meeting on 7 October 2011. The
contribution from the Republic of Moldova was received in January 2012. The issue
was subsequently discussed at the Senior Officials Meeting on 27 February 2012,
after which updated information was received. A follow-up meeting with the
relevant EU Agencies and stakeholders was organised on 23 April 2012, and
additional comments and information were received in May and June 2012 on the
basis of which the assessment was finalised. In this context it is important to
emphasise that the contributions received did not necessarily point in the same
direction, and that, according to the current information and following past
experiences, the possible impact of visa liberalisation for the Republic of
Moldova will not be the same for every EU Member State. Based on the contributions received, the
present assessment aims to identify the main phenomena and key trends in
the areas of migration, mobility and security in relation to the
Republic of Moldova and the possible impact that a visa-free regime would have
on them. It also identifies measures that should be considered by the
Republic of Moldova as well as, where relevant, by the European Union and its
Member States. This assessment reflects
the state of play as of June 2012. The findings presented in the current
document would need to be updated following the legislative, policy and institutional
reforms to be implemented by the Republic of Moldova in line with the VLAP. The
present assessment therefore represents a preliminary snapshot of the
situation at the current state of implementation of the VLAP. It is supposed to
change, and potentially to improve substantially, following the effective
implementation of the VLAP. The Commission will continue to monitor the
progressive implementation of the VLAP, and present its findings in the context
of its regular reports to the European Parliament and the Council. 2 - Relevant legal regimes currently in place 2.1. Background The aim of the visa dialogue between the EU
and the Republic of Moldova is to prepare the ground for a waiver of the visa
obligation for short stays for Moldovan nationals travelling to the Schengen
area. Such visa waiver will be regulated in Council Regulation (EC) No 539/2001
establishing the lists of third countries whose nationals must be in possession
of visas when crossing the external borders and of those whose nationals are
exempt from that requirement. In this context, it is relevant to recall that
the Commission submitted on 24 May 2011 a proposal for a Regulation of the
European Parliament and of the Council amending Council Regulation (EC) No
539/2001[8]. This proposal, which is currently being discussed in the European
Parliament and in the Council, aims to establish a mechanism for the temporary
suspension of the visa waiver for a third country listed in Annex II to
Council Regulation (EC) No 539/2001 in case of an emergency situation, where an
urgent response is needed in order to resolve the difficulties faced by one or
more Member States, and taking account of the overall impact of the emergency
situation on the European Union as a whole. Visa
liberalisation does not change the conditions for entry and stay laid down in the Schengen Borders Code[9] for
short stays and in national law for long stays.
Visa liberalisation does not mean an automatic right of entry and stay for
Moldovan citizens. Neither does it mean an absence of controls of the
conditions for entry and stay. In particular, even after the introduction of a
short-term visa-free regime, Moldovan citizens, when crossing the external
borders of the Member States, would have to justify, inter alia, by
providing documentary evidence, the purpose and conditions of their journey as
well as their intention to leave the territory of a Member State before the
maximum duration of authorised stay (90 days in any 180-day-period) has
elapsed. Nevertheless, visa liberalisation will reduce the preparation time and
costs associated with travelling to the Schengen area. The VLAP indicates that the visa waiver
would apply only to Moldovan nationals holding biometric passports,
therefore risks related to a visa waiver for non-biometric passport holders are
not analysed. 2.2. Visa regime applied by the EU in
relation to the Republic of Moldova Currently, Moldovan citizens are subject to
a visa obligation, with the exception of certain limited categories of persons,
who are exempted from that obligation under the Visa Facilitation Agreement or
under national law (like diplomatic and service passport holders and civilian
aircrew members). The issuance of short-stay visas is governed by the Visa
Facilitation Agreement and the Visa Code. The EU-Republic of Moldova Visa
Facilitation Agreement entered into force on 1 January 2008. The Joint Committee monitoring the implementation of the Visa
Facilitation Agreement regularly addressed the issue of fraud in supporting
documents. The Republic of Moldova reported that it designated contact points
within its administration to allow Member States' consulates to quickly verify
the authenticity of certain categories of supporting documents. During the most recent meeting of the Joint Visa Facilitation
Committee in Chisinau on 23 May 2012, with the participation of EU Member
States, the Commission registered an overall satisfactory implementation of the
Agreement. As regards the number of short-stay
visas issued by the Schengen States in the Republic of Moldova: in 2008,
28.911 short-stay visas were issued, in 2009 33.820, in 2010 45.612 and in 2011
49.296. In 2008 12,1% of the short-stay visa applications were refused, in 2009
10,15%, in 2010 11,43%, and in 2011 9,7%. These rates are higher than the
global average refusal rates which were 6,68% (in
2009), 5,79% (in 2010) and 5,5% (in 2011). As regards the number of national
short-stay visas issued by Bulgaria, Romania and Cyprus in the Republic of
Moldova: in 2009 31.657
national short-stay visas were issued by Bulgaria, 65.042 by Romania and 900 by Cyprus; in 2010 40.898 by Bulgaria, 92.556 by
Romania and 539 by Cyprus; in
2011 52.209 by Bulgaria and 50.836 by Romania. No figures are available
for Cyprus for 2011. In 2009, the visa refusal rate was
7,49% (Bulgaria), 4,45%
(Romania) and 1,52% (Cyprus). In
2010 the visa refusal rate was 1,30% (Bulgaria), 6,89% (Romania) and 7,39%
(Cyprus). In 2011 the visa refusal rate was 0,58% (Bulgaria) and 7,61% (Romania). No figures are available for Cyprus for 2011. In 2011, according to information provided
by some Member States, the main grounds for refusal were that the justification
for the purpose and conditions of the intended stay was not provided or not
reliable and that the applicants were not able to show convincingly their
motivation to return to the Republic of Moldova. An amended EU-Republic of Moldova Visa
Facilitation Agreement was signed on 27 June 2012. 2.3. EU-Republic of Moldova
Readmission Agreement and the readmission regime
applied by the Republic of Moldova EU-Republic of Moldova Readmission
Agreement The EU-Republic of Moldova Readmission
Agreement enables the swift and facilitated return of irregular migrants on a
reciprocal basis, and, as such, contributes to mitigating the risk of irregular
migration between the Republic of Moldova and the EU. The agreement entered
into force on 1 January 2008. The Republic of Moldova has thus accepted, and is
implementing, clear obligations and terms for readmitting its nationals who do
not, or who no longer, fulfil the conditions for entry to, or stay on, the
territory of the EU Member States, as well as for third country nationals and
stateless persons who illegally and directly entered the territory of the
Member States after having stayed on, or transited through, the territory of
the Republic of Moldova, or who hold a visa or residence permit issued by the
Republic of Moldova. Member States regularly report on the
overall satisfactory implementation of the EU-Republic of Moldova Readmission
Agreement. This is confirmed by the meetings of the Joint Readmission
Committee, where both sides exchange information on implementation, and where
so far no particular problems were raised. During the most recent Joint
Readmission Committee meeting in Chisinau on 23 May 2012, with the
participation of EU Member States, the Commission registered an overall
satisfactory implementation of the Agreement. The Republic of Moldova has furthermore
concluded bilateral Implementing Protocols under the EU-Republic of Moldova
Readmission Agreement. Implementing Protocols entered into force with Austria,
the Czech Republic, Estonia, Hungary, Germany, Latvia, Lithuania, Malta,
Romania and Slovakia. Negotiations with Bulgaria, Italy, Poland, the Netherlands
(negotiating also on behalf of Belgium and Luxembourg) were finalised. Negotiations
are on-going with Cyprus, Portugal and Spain. Negotiations could possibly start
in the future, pending on-going consideration, with Finland, Ireland, Sweden
and United Kingdom. Denmark as well as Switzerland concluded
Readmission Agreements with the Republic of Moldova. The Republic of Moldova is achieving steady
results in this area and its considerable efforts in this regard should be
further pursued towards the rapid conclusion of outstanding talks with Member
States. Readmission regime applied by the
Republic of Moldova In addition to the Readmission Agreement
with the EU, the Republic of Moldova has already concluded or is in the process
of negotiating readmission agreements with several third countries. The
Readmission Agreements are already in force with Norway, Ukraine and FYROM. The
Republic of Moldova has signed Readmission Agreements with Serbia, Bosnia
and Herzegovina and Montenegro. Negotiations are on-going with Turkey, Ukraine
(in order to replace the 1997 Readmission Agreement), Albania, the Russian
Federation and Azerbaijan and might soon start with Lebanon. The Republic of
Moldova should consider opening negotiations for readmission agreements also
with other important transit countries in its neighbourhood as well as with
source countries of migration. 2.4. Romania-Republic of Moldova Local
Border Traffic Agreement The Romania-Republic of Moldova Local
Border Traffic (LBT) Agreement entered into force in October 2010. According to
the Commission's Second report on the implementation and functioning of the
local border traffic regime set up by Regulation No 1931/2006[10], the Romania-Republic of Moldova LBT Agreement fully complies with
the LBT Regulation. 2.5. Visa
regime applied by the Republic of Moldova The countries whose citizens are exempted
from having a visa to enter the Republic
of Moldova for up to 90 days are: all Member
States of the European Union, Canada, the Holy See, Iceland, Japan,
Andorra, Monaco, the Liechtenstein, Norway, San Marino, Israel, Switzerland,
the USA, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, the
Russian Federation, Tajikistan, Ukraine and Uzbekistan. The obligation to apply for a visa is
abolished for holders of diplomatic and service passports of Albania, Brazil,
Bosnia and Herzegovina, Croatia, Montenegro, FYROM, Peru, Serbia, Turkey and
Vietnam (for stays up to 90 days) and of China, Iran and Turkmenistan (for
stays up to 30 days). Negotiations on a possible visa free regime
are on-going with Chile, Mexico, Serbia and Turkey. 3 - Possible migratory impacts of future visa
liberalisation 3.1. Current situation Migratory flows in general The Republic of Moldova occupies one of the
first places on the list of countries dependent on remittances (4th
place in the ranking of remittances' share in GDP[11]) and,
consequently, on labour migration. Emigration is perceived as an important
option to earn one's livelihood. The main destinations of Moldovan migrants
are CIS countries (mainly the Russian Federation) and EU Member States. Turkey,
the USA, Canada and Israel are also important destinations. Within the EU, the
main countries of destination are Italy, Spain, Portugal, Germany, Romania, the
Czech Republic and Greece.[12] According to EUROSTAT data, the number of
Moldovan citizens registered in the EU Member States has increased continuously
from 89.033 in 2006 to 190.857 in 2011. This increase might be largely due to
regularisation programmes in different Member States and through the implementation
of the 2011 Labour Agreement with Italy. For this reason, it appears that these
progressive increases in number of migrants should not be considered
necessarily as an indication of actual increases in migration flows from the
Republic of Moldova. Indicators regarding visas issued, regular passenger
flows, refusals of entry, use of false documents, illegal stay and illegal
border-crossing would point to a rather stable or only moderately increasing
trend in terms of migratory movements of Moldovan citizens towards the EU. As mentioned above, CIS countries are an
important destination for Moldovan migrants. There are three major differences
in factors underlying the choice of destination between CIS and the EU: ·
Entry method: Travel
costs to CIS countries are lower and the formalities are limited (visa-free
regime). ·
Reasons for labour migration (push and pull
factors): Migrants opting for CIS countries are
often not able to obtain EU visas and are more likely to respond to immediate
push factors in the Republic of Moldova (poverty and poor employment
prospects), whereas migrants opting for the EU are more
likely to find themselves pulled by the existing migrant networks in
destination countries. Diasporas in the EU are highly significant for the strategy
of would-be migrants as peers’ experience enables them to evaluate costs, risks
and profitability of their extended stay. Frontex estimates that 75% of
Moldovan migrants are believed already to have an income-generating activity
waiting for them upon arrival in the destination country. In short, labour
migration to CIS countries tends to be less planned and more driven by
immediate needs, whereas migration to the EU Member States is more likely to be
driven both by advice and opportunity. ·
The duration of migration: As travel costs and risks of irregularity are comparatively low in CIS countries, CIS migration is quite seasonal
in character. On the other hand, due to higher re-entry risks and travel costs
involved in a possible illegal entry method, most EU-bound migrants leave the
Republic of Moldova for extended periods. A significant number of them already
have the intention to settle in the Member State of destination when taking the
decision to migrate. Migration to the CIS is therefore predominantly circular,
whereas migration to the EU is more likely to be of permanent nature. According to the EUROSTAT official data on residence
permits, labour migrants from the Republic of Moldova in the EU are
predominantly women (in 2010 24.845 residence permits for carrying out
remunerated activity were issued to women, compared with 8.298 issued to men[13]). Men prevail in several Member States, most visibly in Poland and
Portugal. Moldovan citizens mostly work in domestic, construction and
agriculture sectors, with a low rate of migrants in highly-skilled positions.
According to the Moldovan authorities, Moldovan migrants are relatively young,
aged between 20 and 49 years.[14] The proportion of migrants with higher education was 10% in 2010
and tends to increase. Regular passenger flows The number of passengers exiting the
Republic of Moldova has been steadily growing in the past few years, both at
the land and air borders. At the air borders 426.129 passengers were reported
in 2009, 481.231 in 2010, and 421.459 in the first three quarters of 2011. At the
land border with Romania, 1.078.024 passengers were reported in 2009, 1.922.753
in 2010, and 1.712.710 in the first three quarters of 2011.[15] Irregular migration Refusal rates of short-stay
visas varied between Schengen States from 23% in
the case of the Czech Republic to 5,3% in the case of Germany in 2010. In 2011
the highest refusal rate was in the case of Italy (14,1%) and the lowest in the
case of Germany (6,41%). The average refusal rate for Schengen short-stay visa
applications was 9,7% in 2011 (decreasing from 11,43% in 2010 and 10,15 % in
2009), but remaining higher than the global average refusal rate in the
Schengen area (5,5%) (see also above under section 2.2). The two non-Schengen Member States, Bulgaria
and Romania, refused respectively 7,49% and 4,45% of national short-stay visa
applications in 2009. In 2010 the refusal rates were 1,3% for Bulgaria and 6,89%
for Romania and in 2011 the refusal rates were 0,58% for Bulgaria and 7,61% for
Romania (see also above under section 2.2). In 2011, 3.435
illegally staying Moldovan nationals were identified in the EU, 15% less than
in the same period of 2010 and 1.571 Moldovan nationals were refused entry at
the EU external borders, 7% less than in the same period of 2010 (see table
below). FRAN Indicators for Moldovan nationals || || || || || || || || 2009 || % of EU total || 2010 || % of EU total || 2011 || % of EU total || % change 2011 vs. 2010 || || || || || || || Illegal stay || 4.182 || 1,0% || 4.023 || 1,1% || 3.435 || 1,0% || -15% Inland || 3.452 || 1,0% || 3.149 || 1,1% || 2.331 || 0,8% || -26% At the border(on exit) || 730 || 1,0% || 874 || 1,5% || 1.104 || 1,6% || 26% Refusals of entry || 1.866 || 1,7% || 1.690 || 1,6% || 1.571 || 1,3% || -7,0% Land || 1.582 || 3,0% || 1.427 || 2,6% || 1.360 || 2,3% || -4,7% Air || 260 || 0,5% || 232 || 0,5% || 200 || 0,4% || -14% Sea || 24 || 0,5% || 31 || 0,6% || 11 || 0,1% || -65% Return decisions issued || : || n.a. || : || n.a. || 1.463 || 0,6% || n.a. Effective returns || : || n.a. || : || n.a. || 2.012 || 1,4% || n.a. || || || || || || || Source: Frontex, FRAN data as of 7 May 2012 According to Frontex, most migrants from
the Republic of Moldova enter through land borders mainly due to lower
costs and also to a lower risk of refusal. Currently, the risk of being refused
entry at the external air borders is much higher compared to the external land
borders. Most irregular migrants enter the EU through regular Border Crossing
Points and procedures, and subsequently overstay. Thus, in the case of Republic of Moldova,
as reported by several Member States, illegal border-crossings represent a
marginal issue (213 illegal border-crossings detected at the main sections
of the external green border of the EU during the first three quarters of
2011). Moreover, yearly comparison with 2010 shows an important decline of 34%
in detected illegal border crossings. Not surprisingly, the share of Moldovan
citizens in the overall number of illegal EU border crossings remained very low
during 2011. In terms of trends, Frontex noted that a
constant decline in detections of illegal border-crossings by Moldovan
citizens. Moreover, the same persons are often engaged in multiple illegal
border-crossings. According to Frontex, the number of
Moldovan nationals detected using false travel documents has been in
constant decline since 2009 (174 in 2009, 114 in 2010 and 45 in the first three
quarters of 2011). The most frequent cases are those of counterfeited Romanian identity
cards. Europol mentions also falsified Italian identity cards and residence
permits as well as Spanish residence permits (see also below under section 4). According
to the figures provided by the Moldovan authorities, there is a decrease in the
number of cases of using false identity and false documents by Moldovan
citizens. Asylum According to EUROSTAT, the numbers of
asylum applications from Moldovan nationals in the EU are low and decreasing (1.110
asylum applications in 2009, 735 asylum applications in 2010 and 602 in 2011). The
number of positive final decisions on applications for international protection
submitted by Moldovan nationals in the EU Member States has also decreased (25
in 2009, 20 in 2010 and 15 in 2011). According to data gathered by Frontex,
most Moldovans apply for asylum in Austria, after their illegal stay has been
detected. According to the data provided by Moldovan
authorities, the numbers of asylum seekers in the Republic of Moldova, are
relatively low (60 applications in 2011, 90 in 2010 and 50 in 2009). In 2011
three persons were granted refugee status and twenty persons received
humanitarian protection status (including stateless persons). Legal migration flows The number of
Moldovan citizens legally residing in EU Member States has grown in the past
years (in 2008 – 129.642, in 2009 – 166.977 and in 2010 – 184.501). Data
gathered by EUROSTAT shows that the highest number of residence permits is
delivered for the purpose of remunerated activity and the second largest category
are permits delivered for reasons of family reunification, with an increasing
tendency. Residence permits delivered for the first time for Moldovan citizens || education || remunerated activity || family || other reasons || Total 2008 || 2.727 || 36.766 || 10.555 || 8.394 || 58.442 2009 || 2.981 || 21.977 || 10.905 || 9.729 || 45.592 2010 || 2.931 || 34.648 || 16.674 || 1.353 || 55.606 Source:
EUROSTAT According to data gathered by the EUI,
highly-skilled migrants already in the EU do not see the visa regime as a
problem for themselves, but rather for their families and to maintain family
ties. Migrants, including those highly-skilled, and tourists, tend
not to know their rights (e.g. right of appeal against a visa refusal) under
the Visa Facilitation Agreement and the Visa Code. Diverging practices in the
implementation of the visa facilitation provisions by the consulates of the EU
Member States are one of the main reasons of concern for highly-skilled
Moldovan migrants and their families and plays a role when they decide on the
destination to migrate to. Similarly, the waiting time for decisions on visa
applications, the costs[16] and the paperwork involved are reported to be important hurdles
(keeping in mind that the Visa Facilitation Agreement and the Visa Code only
apply to short-term stays and are not applicable to long-term stays, which are
governed by national legislation). Finally, according to the EUI analysis, the
visa regime has a limiting effect on exchanges of researchers and students,
who are often unable to participate in conferences or exchanges due to refusals
or delays in issuing visas. This limits the scope for cooperation and exchange
of ideas between the EU and the Republic of Moldova and can be
counterproductive to the efforts of the EU to support the development of the
country and to bring it closer to EU norms and standards. Moreover, for the
same reasons, it poses challenges to business contacts and exchanges. 3.2. Key possible impacts Migratory flows in general When examining the key possible impacts of
visa liberalisation on migration flows between the Republic of
Moldova and the EU, it is relevant to highlight that visa liberalisation will
only reduce the preparation time and costs associated with travelling to the
EU. Labour migration to the EU or the Russian Federation is likely to remain a
very attractive strategy to earn one's livelihood. Regardless of the economic
and political developments in the Russian Federation, EU Member States are
likely to remain an attractive option for labour migrants, even if faced with
no or very slow economic growth. Likewise, the demand for domestic work in the Member
States is likely to remain resilient to possible future economic downturns.
However, the EUI notes that the demographic reality of the Republic of Moldova
makes it clear that the pool of migrants is drying up as the country
enters the most accelerated ageing process in Europe. As evidenced by Moldovan labour migration
to Portugal[17], a self-regulatory mechanism of labour migratory flows, whereby
legal and irregular immigration tend to increase during periods of higher
demand for labour and to decrease when such demand subsides, is likely to
remain in place. Therefore, the opening of legal channels of travel will
possibly allow for a more circular migration pattern of those Moldovan
nationals who are engaged in illegal work in the EU. The EUI noted that the
same regulatory mechanisms were in place in 1990s, when nationals of the
Central European countries could travel visa-free to the EU. The data gathered by the EUI suggests that
there will be an increase in temporary and short-term flows from the
Republic of Moldova to the EU, be it for bona fide visits (majority) or
short-term employment. Based on the previous experiences (e.g. the lifting of
the visa obligation for citizens of the Central European States in the
mid-1990s or their 2004 accession to the EU), lifting a barrier to movement
results in an increase in migration that stabilises over time. The size of such increase, as the
experience of internal mobility after the last EU enlargements shows, depends
on a number of factors, which, apart from the proximity and openness, include
also the existence of migrant networks, the state of the labour market in the
host country, opportunities at home, or competition from poles of attraction
other than the EU. The character of the increase in migration is likely to be
temporary, although the EUI does not exclude an increase in permanent
migration, considering the family reunification patterns in some Member States
(e.g. Italy). It is difficult to predict the duration of this temporary
increase as it will depend on several variables: the propensity to migrate,
financial means to be spent on tourism, the state of the economy in the
Republic of Moldova and in the country of destination. Visa liberalisation is not likely to change
the length of the period that Moldovan migrants staying irregularly in the EU
will spend visiting their home countries, given their lack of spare vacation
time and the risk of losing their jobs in the EU. No impact is to be expected
on the circularity of the Moldovans living with a residence permit in the EU as
they already currently do not need a visa to return from the Republic of
Moldova to the EU. Regular passenger flows Regular passenger flows are likely to
increase, given that visa liberalisation will make
travelling to the EU easier and less costly. Irregular migration The migratory pressure towards the EU
borders will rather increase than decrease if a pattern of economic and social
problems will prevail in the Republic of Moldova, notwithstanding the country’s
rapid pace of structural reform and high economic growth (GDP growth rates of
7,1% in 2010 and 6,4% in 2011). According to EUBAM, the volume of irregular
migration from the Republic of Moldova to the EU Member States is likely to
remain the same. The operating mode, the routing and the number of
irregular migrants may differ annually depending on several internal and
external push and pull factors. The ratio of the risk of being refused
entry at the external air borders to the external land borders is not likely to
change if the visa obligation is lifted. Most labour migrants will continue to
opt for entering the EU at land borders and subsequently moving to the Member
States of their destination. In terms of destination choices, Member
States with the largest communities of Moldovan citizens are likely to remain
targeted by labour migrants from the Republic of Moldova. Frontex and the EUI suggest that labour
migrants from the Republic of Moldova would overstay the allowed 90 days in any
six-month period if there is a risk that they would lose their job. However, to
avoid the negative consequences of detection for illegal stay, migrants could
rather opt for more frequent exit and re-entry back to the EU (in which case
the use of false entry/exit stamps could increase). On the other hand, as the
experience of intra-CIS mobility as well as the experience of nationals of some
Central and Eastern European countries in the 1990s shows, the possibility of
legal circulation can influence the decision to move back and forth in the
prescribed periods of time. In fact, the visa-free regime may provide an
avenue for getting out of irregularity for Moldovan nationals staying
illegally and who are currently stranded in the EU, if the consequences of
their overstay being detected at the border when leaving the EU are softened. The organised crime groups dealing with
trafficking in human beings and facilitating irregular migration are likely to
adapt their operating mode to the visa-free regime and possibly increase
their activities (see also section 4). If the rules on issuing identity and
travel documents and their security are not strictly applied, including
regarding the ICAO-compliant biometric passports, individuals and organised crime groups
could try to exploit the loopholes. EUBAM foresees that the Republic of Moldova
will keep its current position of a transit country for irregular
migrants to the EU. EUBAM argues that it is likely that visa liberalisation
could make the Republic of Moldova more attractive for migrants from CIS and
Central Asian countries. On the basis of the above assessment, the following measures should be considered: By the Republic of Moldova, in line with the VLAP: · Continue to strengthen border controls, including risk analysis and surveillance measures, as well as preventing and fighting corruption at the border, and continue to enhance cooperation with EUBAM in all areas of border management; · Organise continuous, targeted information campaigns aiming to clarify the rights and obligations of visa-free travel, including information on rules regulating access to the EU labour market (including through the EU Immigration Portal) and liability for any abuse of rights under the visa-free regime; · Regularly share with the EU authorities data on lost and stolen biometric passports, in particular using Interpol's Lost and Stolen Travel Document database; · Establish and apply proportionate, effective and dissuasive sanctions for persons convicted of selling or lending their passports; · Strengthen the legal and institutional framework regarding the "Civil Registry" in order to prevent the abuse of change of names or identity for the purpose of obtaining a new passport. Clear rules should be established and applied regarding name changes; the legal and institutional framework should be strengthened and include effective control as well as traceability measures; · Prevent and fight corruption at all levels and in all areas. By the EU and Member States: · Additional efforts should be made to gradually increase the share of travellers whose biometric data have been checked by the border control authorities of EU Member States; · New IT solutions for calculating the total period of stay could be introduced at all external border sections experiencing large flows of Moldovan citizens in line with the principles of the Communication on smart borders;[18] · Member States should make further efforts to provide the Commission and relevant EU agencies with detailed statistics on the implementation of the readmission agreements. Other relevant measures include, at EU and Member States level: · Harmonisation of rules against illegal employment of third-country nationals, as initiated by the Employers Sanctions Directive;[19] · Facilitating legal migration to the EU; · Continue cooperation with the Republic of Moldova to create better employment opportunities in this country. Asylum There are several relevant issues that need
to be considered in order to assess the impact of the visa liberalisation on
the number of asylum applications, as the previous experience with the Western
Balkans has shown.[20] In particular a low level of integration of minority communities,
in particular Roma, and their poor access to schooling, housing, employment and
healthcare, may increase their propensity to abuse the asylum system in EU
Member States. Furthermore, severe political and economic marginalisation, a
significant gap in the earning potential compared to the rest of society,
geographic proximity to the EU, low travel costs and support associated with
asylum claims in the EU Member States made the asylum seeking an attractive
short-term migration strategy for communities across the Western Balkans.
Financial return assistance for failed asylum seekers can also be a powerful
factor. In the Republic of Moldova there are a
number of ethnic minorities, the most significant of which are
Ukrainians, Russians, Gagauz, Bulgarians and Roma (see section 5). The Gagauz
minority has seen its rights recognised and constitutionally guaranteed by a
specific autonomy status for the Autonomous Territorial Unit of Gagauzia,
established in 1994. Although the Roma population are generally a disadvantaged
group with regard to education, employment, health, living conditions and participation
in decision-making process, the authorities of the Republic of Moldova have
proven their commitment to improve the situation of that minority and made
progress in the support and integration of the Roma community. An Action Plan
on Roma Support 2011-2015 has been adopted and is currently implemented, after
being upgraded up to international requirements in January 2012. Roma Community
Mediators have been put in place to serve as intermediaries between the
authorities and the minority communities to help implement the Action Plan and,
beyond this, help better integrate the Roma minority. Therefore,
although it cannot be excluded, there is currently no indication for an
increase in asylum applications from Moldovan citizens after the visa
liberalisation. On the basis of the above assessment, the following measures should be considered: By the Republic of Moldova · Organise continuous, targeted information campaigns aiming to clarify the rights and obligations of visa-free travel, including information on rules regulating access to the EU labour market and liability for any abuse of rights under the visa-free regime. By the EU and Member States · Further convergence of Member States’ policies on asylum procedures, in particular with regard to the length of procedures, benefits afforded to asylum seekers and possible financial return assistance. Legal
migration According to the EUI, whereas the travel of
migrants in the EU to their home countries is likely to become somewhat more
frequent, an increase in flows of new migrants to the EU from the
Republic of Moldova is not likely to occur. No impact is to be expected
on the circularity of the Moldovan citizens holding a residence permit in the
EU as already under the current regime they do not need a visa to return from
the Republic of Moldova to the EU. The availability of financial means (rather
than the requirement to obtain a visa) will be the key factor shaping the
decision of Moldovan migrants to travel home. Visa liberalisation will help to enhance
the positive impact of migration on development, especially by mitigating the
negative social consequences of migration through facilitation of maintaining
family ties and contact with the Republic of Moldova. It will decrease the
negative impact on families left behind, in particular minors and the elderly,
as it will be easier for them to visit the migrant family member. However, the
availability of financial resources will continue to play a key role in that
respect. The easing of short-term travels as a result
of visa liberalisation will make the EU a more attractive destination for
highly-skilled migrants for two main reasons: facilitating family visits,
as mentioned above, and, more generally, forming a more positive perception of
the EU as a destination. Visa liberalisation will have a positive
impact on business exchanges and activity, research and innovation, and
mobility for students and researchers, with a long-term positive knock-on
effect on the economy. 4 - Possible security impacts[21] of
future visa liberalisation 4.1. Current situation According to Europol, Moldovan organised
crime groups (OCGs) are already present and active in at least nine EU Member
States. Some are involved in well-organised criminal activities. They are
linked with the Russian-speaking horizontal network of "thieves-in-law".
Others are of smaller size, with limited operational range, lacking structured
preparation and overall strategy. Their links with domestic EU OCGs are
limited. Moldovan OCGs do not seem to hold an important role in the EU OC hierarchies.
It is important to note that like for all OCGs originating in the
Former Soviet Union (FSU), there are solid links between Moldovan OCGs and OCGs
from other parts of the FSU. Sometimes they play the role of intermediaries between
OCGs from the FSU and OCGs active in the EU. Thus, there is a tendency to cluster
Moldovan OCGs with other criminal groups under the label of "Russian
speaking OCGs". Moldovan OCGs are active in several EU
criminal hubs, as defined by the 2011 Europol Organised Crime
Threat Assessment (OCTA).[22] According to Europol, Moldovan OCGs are
particularly active in the following criminal activities: trafficking in human
beings, facilitating irregular immigration, organised property crime, payment
card fraud, cigarettes smuggling and cybercrime. Some of these findings are
confirmed by the feedback of "Operation Akkerman"[23]. i) Trafficking in human beings (THB) The Republic of Moldova is a source
country and, to a lesser extent, a transit and destination country for
women and girls for the purpose of sexual exploitation, and for men, women and
children for the purpose of labour exploitation.[24]
Moldovan victims seem to be more and more exploited for forced labour or
services, in particular as nurses, baby-sitters, and carers for family or
elderly people. Moldovan OCGs are mainly active in the recruitment of
victims, mostly for sexual exploitation in the EU. In some cases they exploit
the victims themselves. The main modi operandi used by traffickers have
not changed significantly in the last few years. Recruiters attract
their victims mainly through deceit and occasionally through the use of violence.[25] Victims are often forced to pay for the
necessary documents, ranging from passports and identity cards to visas, contracts
with night-clubs owners and health insurance. This increases their debt to the
OCGs and prolongs their exploitation. OCGs make use of specific legitimate
business structures to recruit and exploit victims in the EU. According to the figures provided by the
Moldovan authorities, there is a decrease in the statistics on THB: the number
of registered cases has decreased from 243 in 2006 to 111 in 2011[26]. With regard to the number of identified and assisted victims,
according to IOM figures, there has also been a decrease from 273 in 2007 to 98
in 2011[27]. With regard to the number of cases of trafficking in children
there has also been a decrease from 61 cases in 2006 to 23 in 2011[28]. According to the figures provided by the
Moldovan authorities, several criminal groups involved in THB and related
crimes were identified and dismantled following operative investigation
measures[29]. ii) Facilitating irregular immigration OCGs are also
involved in the exploitation of Moldovan migrants who do not enter, stay, reside
or work legitimately in the destination country. Moldovan OCGs work closely
with OCGs from neighbouring countries, especially Ukraine, by assisting each
other in matters related to transportation or falsified documentation.
In relation to facilitated irregular immigration from the Republic of Moldova,
cases of use of falsified Italian and Romanian identity cards and Italian and
Spanish residence permits were reported (see also above under section 3). OCGs dealing with the facilitation of
irregular migration of Moldovan citizens have active members in the Republic of
Moldova which are involved in the recruitment of potential irregular migrants.
Members of Moldovan OCGs have also been identified in Ukraine (where they were
involved in the falsification of documents and as guides at the border between
Ukraine and Hungary) and also in Romania (where they were dealing with
counterfeiting of identity cards and passports). Legal businesses are
reportedly used to facilitate irregular migration. iii) Drug
trafficking The Republic of
Moldova is considered to be mainly a transit route and allegedly a
location for storage and further processing of cocaine[30]. According to the
figures provided by the Moldovan authorities there is a
decrease in drug trafficking from 2144 criminal cases in 2007 to 1606 in 2011[31]. The findings at
the Moldovan-Ukrainian border in 2011 show the current level of the drug
trafficking[32]. iv) Organised
Property Crime Moldovan OCGs are
involved in a range of organised property crime. They focus in particular on
stealing lorries, industrial and agricultural vehicles. The OCGs are of small
size (3 to 5 members), with basic techniques and modi operandi (mainly
sudden raids, use of violence and need to find a receiver after the crime is
committed). v) High
excise goods smuggling Together with
Ukraine, and increasingly with Belarus and the Russian Federation, the Republic
of Moldova is among the main source countries of cigarettes smuggled into the
EU in recent years and this trend seems to increase. The Republic of Moldova
has long been a known source and transit country for the flow of
contraband cigarettes into the EU and is playing an increasingly important role
in this respect as tobacco prices in many EU countries rise, notably in the
Member States who acceded in 2004 or 2007 to the EU. Cigarettes originating in
the Republic of Moldova are increasingly penetrating black markets of the EU
Member States. This is the reason why the Commission adopted in 2011 an Action
Plan to fight against smuggling of cigarettes and alcohol along the EU Eastern
Border[33]. Enhanced
cooperation in preventing and combating illicit trade in tobacco products is
also one of the objectives of the Strategic Framework for EU-Republic of
Moldova Customs Cooperation[34]. The Republic of Moldova is among the main
producers of genuine cigarettes smuggled into the EU. The most popular brand of
"cheap white" cigarettes is produced legally in the Republic of
Moldova, Kaliningrad and Ukraine.[35]
Moldovan OCGs also provide raw materials to OCGs in the EU involved in the
production, packing and distribution of counterfeit cigarettes. Being a
low-risk, high-profit activity, it is probably more widespread and intense than
official statistics would indicate. According to the
figures provided by the Moldovan authorities, the number of cigarettes packages
confiscated increased from 201.588 cigarettes packages in 2008 to 276.337 in
2011. vi) Weapons
trafficking There are
currently no clear indicators of organised weapons and ammunition trafficking
across the Moldovan-Ukrainian border. Seizures at that border consisted mainly
of cold and pneumatic weapons or hunting guns with the associated ammunition
while transported from Ukraine to the Republic of Moldova.[36] 4.2. Key possible impacts Visa
liberalisation is not likely to have much effect on the behaviour and modi
operandi of the "more structured" OCGs, as they are already able, even under the current visa regime, to
manage movements between the EU and the Republic of Moldova. However,
considering that the expertise they provide to bypass visa restrictions is one
of the reasons of their success (especially in THB and facilitating
irregular immigration) visa liberalisation would reduce the
demand for such expertise. The "less structured" OCGs are
more likely to somehow benefit from a visa-free regime. Although these
groups’ activities are less extensive, their access to the EU could alter the
current criminal statu quo (e.g. by making easier for them to enter into
new criminal activities). Although
difficult to evaluate based on the available information, the extent of the threat
posed by Moldovan OCGs to the EU should continue to be monitored. Visa
liberalisation might change the current dynamics of criminal activities.
However, it is difficult to predict at this stage the extent to which visa
liberalisation will have an impact on each of them. i)
Trafficking in human beings (THB) In relation to THB, visa liberalisation could have an impact on
OCG's active in this area, as well as on victims and routes. Moldovan OCG are
active in the area of the recruitment of victims and on the transportation of
victims to the EU; a visa-free regime could offer to EU OCGs with a firm grip
on the EU criminal markets the opportunity to bypass the Moldovan OCGs and to
recruit their victims directly. At the same time, potential victims of
traffickers in human beings, no longer in need of illicit help to cross the
border, might try to enter the EU on their own, thus reducing one of the
OCGs’ main criminal activities. One of the "services" offered by
traffickers is the transportation of the victims into the EU, where they are
often sold and exploited by other OCGs. A visa-free regime de facto nullifies
the need for such "service", as the victims would not need OCGs' help
any more. In order to avoid a decrease in the number of victims and a fall in
profits, the OCGs could be inclined to define new strategies and enter new
criminal activities. ii)
Facilitating irregular immigration Under a visa-free regime, the Republic of
Moldova could become more attractive for the different OCGs transporting
irregular migrants but there is no clear indication in
this direction (see also section 3 above). iii) Drug trafficking The Republic
of Moldova does not seem likely to become a drug trafficking hub. It may be
tangentially touched upon by the Northern Route,[37] and it
is possible that some Moldovan OCGs could temporarily stockpile drugs in the
Republic of Moldova. Regarding the border between the Republic
of Moldova and Ukraine, the current risk level in
relation to the illegal transportation of narcotics, especially synthetic
drugs, via road BCPs is likely to remain. iv)
Organised Property Crime Property crime, in
many of its different typologies, could be one of the most affected areas.
Moldovan OCGs involved in property crime might exploit visa liberalisation and
could cooperate with OCGs already established in the EU. v) High
excise goods smuggling A possible
important impact could be on cigarette smuggling which
could be seen as a low-risk, high-profit easily manageable criminal activity. vi) Weapons
trafficking Current
information available does not give indications as to a possible impact of a
visa-free regime on weapons trafficking. Although the current level of risk of
weapons trafficking is not high according to seizure indicators and other
information currently available, attention should be paid to the potential
opportunities of weapon smuggling in connection with the storage of weapons and
ammunition in the Transnistrian region. On the basis of the above assessment, the following measures should be considered: By the Republic of Moldova, in line with VLAP · Enhance cooperation with neighbouring countries. Strengthen bilateral and international cooperation and information exchange on statistical and analytical data and tactical/operational data/intelligence, through measures such as initiating/participating in joint cross-border operations, joint investigation teams, and joint intelligence teams, facilitating the exchange of liaison officers in such operations, offering training for conducting joint border and customs controls. · Improve training and capacity building with regard to international customs and law enforcement cooperation and information exchange. · Continue to enhance cooperation with EUBAM. · Coordinate the control activities at the common border. Share intelligence and enhance common situation assessment at the operational level. · Enhance the data collection on criminals and OCGs at national level inter alia by setting up and/or improving the national databases. · Continue efforts to improve data indicators and crime data collection in all crime fields. · Strengthen the judiciary system, including judicial cooperation in criminal matters, in particular mutual legal assistance. · Implement anti-corruption actions as a matter of priority in all areas, as well as in relation to wider rule of law aspects. The national authorities should have the capacity to fight corruption at all levels - central, regional, local and sector-specific, paying particular attention to the law enforcement and customs authorities. · Ensure effective protection of witness of THB, and further improve the protection, assistance and support to THB victims. By the EU and Member States · Increase the operations run through inter-agency and international cooperation in number and scope, following a top-down setting of objectives. Europol could act as the platform for the coordination of multilateral law enforcement operations in this regard. Information gathered during such operations must be subsequently used for drafting of focused threat and risk assessments. · Enhancing border control in line with the Schengen Border Code and the Communication on Smart Borders [38] in order to have in place an effective system to detect and respond to overstays, and to detect possible activities linked to organised crime. · In line with the "EU Strategy towards the Eradication on Trafficking in Human Beings 2012-2016"[39], specific actions should be taken, especially regarding minors. It is important to note in this context that an anti-trafficking training guide for border guards will be soon issued by FRONTEX and guidelines for consular services and border guards for the identification of victims will be issued by the Commission in 2012. By the EU, Member States and the Republic of Moldova · Cooperation between the Moldovan and Member States’ authorities should be enhanced, including information sharing with Europol. · Cooperation between the Moldovan authorities with their counterparts in EU Member States on protection and assistance should be strengthened, including the identification and referral of THB victims and their safe return. · Assets confiscation procedures must be agreed with the Moldovan authorities, in order to recover stolen property or the profit thereof, and to reduce the financial power of OCGs, thus facilitating their dismantlement. · Threat assessments and exchange of information on serious crime should be developed on a regular basis, under the aegis of Europol, and where appropriate with support of Interpol channels. Comparative crime data should be collected according to commonly defined indicators. · Exchange of best practice and training of law enforcement services should be strengthened. · Strengthen cooperation with Moldovan authorities in order to tackle the illicit trade in high excise goods. 5 - Horizontal issues
Based on figures provided by the Moldovan
National Bureau of Statistics and the Transnistrian de facto
authorities, the total population of the Republic of Moldova was approximately 4.075.000
in 2011. 5.1. Minorities 5.1.1.
Current situation The protection
of minorities against discrimination is guaranteed by specific provisions in
the Constitution, and in criminal, civil and administrative laws. Minorities’
rights were further strengthened following the adoption of anti-discrimination
legislation on 25 May[40]. According to
the information provided by the Moldovan authorities, the following ethnic
minorities live in the Republic of Moldova: 311.902 Ukrainians, 236.087
Russians, 131.811 Gagauz, 68.928 Bulgarians and 14.202 Roma[41]. Under the
Moldovan Constitution, the Autonomous Territorial Unit of Gagauzia enjoys
recognition and promotion of its political, social and cultural rights,
including the right for its population to use the Gagauz language in
administrative matters. In addition,
the Republic of Moldova has a liberal language
legislation, which gives Russian speakers (including, beside
the Russian minority, a significant part of the
Moldovan ethnic majority and of the Ukrainian ethnic minority) the right to
access official information in Russian and the opportunity to receive
Russian-language education. In that general
context, minority issues are mostly confined to those of the Roma community,
which the Moldovan government has undertaken to tackle actively, by putting in
place Roma Community Mediators, with the help of UNICEF and the Council of
Europe, and implementing its Action Plan on Roma Support 2011-2015, for which a
specific budget has been earmarked in the country’s Medium-Term Budget
Framework. 5.1.2.
Key possible impacts The Moldovan government is generally
considered, including by the specialised local civil society organisations, as
making serious efforts to improve rapidly the record of the Republic of Moldova
with respect to the treatment of its ethnic minorities, particularly the Roma
minority. The adoption of the Law on Ensuring Equality on 25 May 2012 provides
additional guarantees in that regard. A Roadmap was adopted at the working level (to be included in the Human Rights
Action Plan, currently under amendment) in June 2012 to guide the application of the above mentioned law,
and an Equality Council was set up on 5 July 2012 by Government Decree which will
be the reference point for victims of discrimination. It should be therefore
expected that minority issues should not have a sizeable impact on the
migration and security situation in the context of visa liberalisation. In
addition, as earlier indicated (see above under section 4), language rather
than ethnic origin lies at the basis of the constitution and cooperation of
OCGs, including in the Republic of Moldova. On the basis of the above assessment, the following measures should be considered: By the Republic of Moldova, in line with the VLAP · Continue to implement its Human Rights Action Plan 2011-2014 and continue to seek involvement of the international community in tackling minorities' issues. · Ensure effective implementation of anti-discrimination legislation, in line with European and international standards, notably by issuing comprehensive guidelines and by having in place a functioning Equality Council. · Sustain its financial efforts to implement the Action Plan on Roma Support 2011‑2015 in an effective and consistent manner. 5.2. The Transnistrian region 5.2.1.
Current Situation The
constitutional authorities of the Republic of Moldova have de facto no
control over the breakaway region of Transnistria ("Transnistria") as
well as on the central segment of the Ukrainian-Moldovan border. The de
facto authorities in Tiraspol consider the Nistru river as a border to be
controlled by their border guards and customs officers, which are deployed at
locations in the so-called security (buffer) zone. Chisinau as well as the
international community, which has not recognised the independence of "Transnistria",
considers the Nistru river as an internal administrative boundary controlled by
police. For fiscal purposes, Moldovan customs officers also operate along the
internal administrative boundary line[42]. The current
situation poses additional obstacles to an effective and efficient performance
of controls. The authorities of the Republic of Moldova face several challenges
to check foreigners who enter/exit the Republic of Moldova via "Transnistria".
In particular, police staff at Internal Customs Control Posts (ICCPs) lack
records about foreigners and have difficulties to conduct passport checks of
foreigners and to decide whether they are eligible for entry into the Republic
of Moldova (respect of the visa regime). Based on a cooperation agreement
signed in July 2010 by the Police representatives from the right and left bank
of the Nistru river, Chisinau and Tiraspol exchange information regarding
wanted persons and criminal records on inhabitants resident in both banks. The reform of
the Ministry of Interior, the creation of the Border Police as well as the entry into force of the Law on the State Border of
the Republic of Moldova on 1 July 2012[43] will most probably have a positive impact on the current situation. The
Moldovan authorities have designed a plan to control migration flows through
the Transnistrian region. Furthermore, customs controls along the Transnistrian
segment of the Moldovan-Ukrainian border are performed by Ukraine on behalf of,
and in connection with, the Republic of Moldova, in application of the Joint
Customs Regime agreement of 2005 between the two countries (implemented with
the help of EUBAM). Since January
2012 the cooperation in customs matters has started to be extended to other
border controls. A pilot "jointly operated border control point" was
set up in Rososhany-Briceni, in the North of the Republic of Moldova. This
experiment is being deployed gradually to other BCPs on the common border, with
a view to allowing joint border control on its Transnistrian segment by mixed
Moldovan-Ukrainian border guard (border police) and customs teams. In addition, EUBAM is assisting the
Moldovan authorities in enhancing the use of Mobile Units by giving more
emphasis to risk analysis and intelligence-led activities. The Moldovan
authorities have expressed their readiness to implement the EUBAM
recommendations and, since 1 July 2012, have set up a Border Police service
with a view to performing border controls on the internal administrative
boundary along the Nistru river. As regards document
security, according to the latest information provided by the Moldovan
authorities, 229.489 citizens of the Republic of Moldova residing in the Transnistrian
region have been issued Moldovan passports, out of which 175.764 passports are
still valid (i.e. not expired). During the first three months of 2012 the authorities
in Chisinau issued 2.722 biometric passports to Moldovan citizens residing in the
Transnistrian region. The Ministry of Information Technology and
Communication, in cooperation with the Ministry of Justice and the Ministry of Interior,
has developed a comprehensive legal framework for the procedures for
identification, at first documentation, of persons from the Transnistrian
region, based on additional information on family members and relatives
(breeder documents of parents, marriage certificates and others)[44]. In addition, the bilateral
confidence-building working group on civil status has been reactivated since
the election of "President" Shevchuk in "Transnistria" in
December 2011, with a view to easing in future exchange of information. At
present, the national registration authority is applying special measures to
confirm citizenship and provide access to national identity cards
free of charge for inhabitants of the Transnistrian region, in accordance with
the amended Law on Citizenship of 2 June 2000 and Government Decision of 9
September 2005 on safety measures relating to confirmation of citizenship and
the documentation of the population from the districts in the Transnistrian
region[45]. Besides, cooperation on criminal matters between Chisinau and
Tiraspol was and remains active. 5.2.2. Key
possible impacts The Moldovan Government continued to
address the situation in the Transnistrian region actively. Cooperation in
matters related to visa liberalisation – including human rights issues – were
identified by Chisinau and Tiraspol as priorities for confidence-building
measures and activities, which was reflected accordingly in the work programme
of the "5+2" negotiating format on the settlement of the
Transnistrian conflict. Pending concrete results from this
increased cooperation, the intermediary measures put in place by Chisinau,
sometimes with Ukraine’s cooperation, will continue to offer a clearly defined
framework for ensuring document and border security. On the basis of the above assessment, the following measures should be considered: By the Republic of Moldova · Enhance cooperation with neighbouring countries, in particular Ukraine; · Continue to sustain cooperation with EUBAM and implement EUBAM recommendations on improving and intensifying the use of mobile units[46]; · Continue the good cooperation with de facto authorities in Tiraspol, which would allow information exchange on the issuance of documents as well as on law enforcement aspects; · Increase efforts to overcome possible security and migration challenges and find possible solutions for enhancing the control without prejudice to the "5+2" negotiating process. [1] See SEC (2011) 1075 final. [2] See SWD (2012) 12 final. [3] See COM (2012) 348 final. [4] The findings presented in Europol contribution are
based on information available to the Agency. The contribution does not
represent an exhaustive threat assessment on Moldovan organised crime. [5] EUBAM's contribution focused on the analysis of the
situation at the common border between the Republic of Moldova and Ukraine. [6] Frontex tailored risk analysis is based on the Common
Integrated Risk Analysis Model. Data were collected through the Frontex Risk
Analysis Network (FRAN) and the Frontex Eastern Borders Risk Analysis Network
(EBRAN). In addition, Frontex own reports and data collected during Frontex
coordinated joint operations, publically available statistical data and open
source intelligence were used. [7] The EUI
conclusions are based on primary and secondary qualitative data: the Delphi
survey of experts conducted in December 2011; qualitative interviews with
Moldovan migrants in Germany, Italy and Poland as well as interviews with
potential migrants in the Republic of Moldova; and a review of the legal
framework. [8] See COM (2011) 290 final. [9] Regulation (EC) No 562/2006 of the European
Parliament and of the Council of 15 March 2006 establishing a Community Code on
the rules governing the movement of persons across borders (OJ L 105,
13.4.2006, p. 1). [10] See COM (2011) 47 final. [11] The definition of migrant that is used by the Republic
of Moldova to calculate remittances is quite wide – it captures stays of 6
months or more, whereas most countries base their calculation on stays of at
least 12 months. [12] Data available at
http://www.carim-east.eu/900/moldovan-emigration-stocks-residing-in-the-european-union-by-country-of-residence-most-recent-data-circa-2010. [13] Data from 14 Member States. [14] The full picture of socio-economic data is available at
http://www.carim-east.eu/database/demographic-and-economic-module/?search=1&fromto=from&cmct=Republic
of Moldova&nocmct=European+Union. [15] Data provided by Frontex. Passenger flows from the
Republic of Moldova include all nationalities leaving the country. [16] It is important to note that the price for a Schengen
visa remains very significant for Moldovan citizens, taking into account the
average income in the country. For example, in 2010 €35 for a visa constituted
roughly 34% of the average monthly income. One should add to this the cost of
translating the necessary documentary evidence. [17] Analysis made by Frontex. [18] European Commission's Communication on Smart borders -
options and the way ahead, COM (2011) 680 final. [19] Directive 2009/52/EC of 18 June 2009. [20] Post visa liberalisation monitoring reports for the
Western Balkan countries SEC (2011) 659 final and SEC (2011) 1570 final. [21] This section is focussing on those criminal activities
that could potentially benefit from visa-free travel for Moldovan citizens and
on examining the possible impacts of visa liberalisation on organised crime
groups. [22] https://www.europol.europa.eu/content/press/europol-organised-crime-threat-assessment-2011-429.
NB: The Moldovan authorities provided a contribution to the 2011 OCTA which was
submitted in November 2011. [23] "Operation Akkerman" is an inter-agency and
international joint border control operation (JBCO) run by EUBAM and Europol,
together with the Moldovan and Ukrainian authorities. During two
intelligence-led operational phases in 2011 – the second of which took place in
September 2011 –smuggled goods were seized such as
cigarettes, alcohol and stolen vehicles, and customs fraud worth € 3.2 million was
detected. This was also the result of the better structural organisation of the operation aimed to
enhance, notably the effective use of intelligence, the establishment of Task
Force Teams as operational arms of the JBCO, the substantial improvement of the
interface of the Communications Centre and the further extension of the support
provided by key international players. [24] United States Department of State Trafficking in
Persons Report – Republic of Moldova, June 2012. [25] The victims are approached either directly or by means
of employment agencies or advertisements. As a rule, they offer employment
abroad as domestic help, baby sitters, waitresses, farm workers and other types
of legitimate activities that will allegedly be well paid if compared with the
average salaries in the Republic of Moldova. Cases in which the victims are
actually kidnapped by traffickers occur, but are less common. After the victims
are smuggled into the EU, they are deprived of their documents, isolated and
severely limited in their movements. Unable to speak the local language, with
no means of proving their identity, the victims are constantly under the
control of their exploiters, suffering major violations of the basic human
rights. In many cases the victims ask for help through their clients. [26] The number of cases (i.e. offences
registered within the Criminal and forensic information Register where only the
cases which were qualified as crime/criminal act according to the Criminal Code
based on which criminal case
was opened): 243 (2006), 251 (2007), 215 (2008), 185
(2009), 140 (2010), 111 ( 2011). [27] The number of identified and assisted victims: 273
(2007), 158 (2008), 159 (2009), 139 (2010), 98 (2011). [28] The number of cases of trafficking in children: 61
(2006), 47 (2007), 31 (2008), 21 (2009), 21 (2010), 23 (2011). [29] The number of criminal groups: 39 (2006), 40 (2007), 29
(2008), 40 (2009), 22 (2010) and 40 (2011). [30] Russian-speaking individuals resident in Latin America
facilitate and organise the trafficking of cocaine to the EU and the Russian
Federation. A significant cocaine seizure took place in June 2010 in the port
of Odessa in Ukraine. According to the bill of lading, the shipper of the cargo
was a Bolivian company and the cargo was supposed to be sent to the address of
a private company located in the Republic of Moldova. [31] The number of criminal cases: 2144 (2007), 2103 (2008),
1865 (2009), 1773 (2010), 1606 (2011). [32] In 2011 - in 60 cases - 34,255kg of drugs were seized
at the joint border. Amongst the total quantity of drugs 61% were detected
outside BCPs and in the border area. The types of detected drugs were as
follows in 2010/2011: marijuana: 6,916kg/20,54kg, poppy straw: 1,21kg/11,34kg,
cannabis: 0,754kg/2,318kg, which shows an increase in 2011 compared to 2010. [33] See SEC (2011) 791 final. [34] The Strategic Framework was endorsed by Prime Minister
Filat and Commissioner Šemeta by exchange of letters in October 2011. [35] "Cheap white" cigarettes is the tobacco
industry term for cigarettes produced entirely independently of the traditional
tobacco manufacturers. They are cheap cigarette brands legally manufactured,
but made specifically for smuggling because they have no legitimate market.
They are often of reasonable and consistent quality, and provide a good
alternative to counterfeit cigarettes, whose quality can vary significantly. The
EU has recently been flooded by smuggled Jin Ling cigarettes, a new brand
virtually unknown to the authorities a few years ago. The popularity of Jin
Ling is such that it now rivals Marlboro as the top smuggled brand seized in
the EU.
Imperial Tobacco Limited (ITL) is the world’s fourth largest international
tobacco manufacturer. They estimate that about 20 per cent of all the
counterfeit tobacco products referred to them by Law Enforcement Agencies are
manufactured illegally in Ukraine and the Republic of Moldova. [36] In comparison with 2010, in 2011 the number of detected
attempts to illegally transport ammunition decreased by 31%. At the same time,
the number of detected ammunition increased by 36% (2011 – 1.995 pieces, 2010 –
1.269 pieces). In most cases, the ammunition was transported from Ukraine to the
Republic of Moldova, primarily (74 %) through land border crossing points. In
2011, in six cases, 3,65 kg of explosives were seized at the joint border
(against four cases and 1,47 kg in 2010). In 2011 only gunpowder (3,65kg) was
detected, while in 2010 not only gunpowder (1,2kg) but also trotyl (0,27 kg)
was detected. 90% of the offenders are citizens of the Republic of Moldova who
transport gunpowder illegally for hunting purposes. In 2011 all cases of
illegal transportation of explosives were detected at border crossing points
while moved from Ukraine to the Republic of Moldova. Out of the general
quantity of the detected arms the significant part is electric shock,
pneumatic, cold and hunting weapons. Also fire arms (seven pieces) and gas arms
(two pieces) were detected. The main category of persons who attempted to
illegally transport arms is citizens of the Republic of Moldova (53%) and
Ukraine (28%). Radioactive materials on the common border were not detected. In
2010-2011 two cases of seizure of radioactive substances in the Republic
Moldova were recorded. Their origin was Russia and followed the route via
Ukraine for further resale. [37] https://www.europol.europa.eu/content/press/europol-organised-crime-threat-assessment-2011-429. [38] European Commission's Communication on Smart Borders -
options and the way ahead, COM (2011) 680 final. [39] See COM (2012) 286 final. [40] “The Law on Ensuring Equality” was adopted in May 2012.
See COM (2012) 348 final. [41] According to the population census in 2004, there are
12 271 Roma (or 14 202 – data are inconsistent across available sources).
However, the authorities of the Republic of Moldova admit that it is difficult
to estimate the exact number, due to fact that the Roma ethnicity is often not
officially declared. Roma community leaders mention higher figures. [42] Currently there are 20 checkpoints on the right-bank of
the Nistru river on the 411 km-long boundary line. The main purpose of these
check points is to perform police and customs controls over the movements of passengers
and cargo. Controls are performed by the Customs Service and the Ministry of
Internal Affairs of the Republic of Moldova. There
are 16 international border checkpoints and 11 police stations along the
administrative line with the Transnistrian region, which are connected online
to the Interpol Stolen Lost Travel Documents
(SLDT) database. There are also 14 Internal Customs Control Posts (ICCPs), out
of which two are for rail transport and are not connected with the Interpol
SLTD. There are on-going plans to deploy joint Moldovan-Ukrainian border
control points (BCPs) along the central segment of the border (on Ukrainian
territory). A first jointly operated BCP was opened in Rososhany-Briceni
in January 2012, in application of a Protocol between the partner services of
the two countries. [43] See COM (2012) 348 final. [44] See COM (2012) 348 final. [45] See COM (2012) 348 final. [46] EUBAM White Paper of 6 August 2010, which includes a
number of proposals based on risk analysis, intelligence led activities of
mobile units (inland controls) and cooperation mechanism between the relevant
law enforcement structures from Chisinau and Tiraspol.