This document is an excerpt from the EUR-Lex website
Document 52012DC0348
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the Implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the Implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the Implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
/* COM/2012/0348 final */
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the Implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation /* COM/2012/0348 final */
REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL on the Implementation by the Republic of
Moldova of the Action Plan on Visa Liberalisation I. Introduction The EU-Republic of Moldova Visa Dialogue
examining the conditions for visa-free travel for citizens of the Republic of
Moldova to the EU was launched on 15 June 2010. The Action Plan on Visa
Liberalisation (VLAP)[1] was presented to the Moldovan authorities by the Commission on 24
January 2011. The VLAP sets a series of benchmarks for the Republic of Moldova
on four 'blocks' of relevant issues, with the view of both the adoption of a
legislative and policy framework (phase 1) and its effective implementation
(phase 2). The Commission has regularly reported to
the European Parliament and to the Council on the implementation of the VLAP.
The First Progress Report on the implementation by the Republic of
Moldova of the Action Plan on Visa Liberalisation was presented on 16 September
2011[2]. A Senior Officials Meeting took place on 7 October 2011, during
which the First Progress Report was presented and the next steps in the process
were discussed. Evaluation missions on Blocks 2, 3 and 4 of
the VLAP were organised in the second half of October and at the beginning of
November 2011, involving experts from EU Member States accompanied by officials
of the Commission services and the EEAS. The purpose of these expert missions
was to assess the legislative, policy and institutional framework under the
first phase benchmarks of the VLAP and its compliance with European and
international standards. The expert reports were finalised in December
2011. The Second Progress Report on the
implementation by the Republic of Moldova of the Action Plan on Visa
Liberalisation was issued on 9 February 2012[3]. A
Senior Officials Meeting took place on 27 February 2012 during which the Second Progress Report was presented and the
next steps in the process were discussed. This Commission Report is the third
and final progress report on first phase of the VLAP. It presents a
consolidated assessment by the Commission of the progress made by the Republic
of Moldova in meeting the first phase benchmarks of the VLAP related to the
establishment of the legislative, policy and institutional framework. II.
Assessment of measures under the four blocks of the Visa Liberalisation Action
Plan Block 1: Document security, including biometrics General assessment The legislative framework is in
place. A clear schedule has been provided for the complete roll-out of
International Civil Aviation Authority (ICAO)-compliant biometric passports,
including at Moldovan consulates abroad, as well as for the complete
phasing-out of non-ICAO compliant passports. The Commission considers that the
Republic of Moldova meets the benchmarks set under Block 1. Detailed comments ·
Consolidation of the legal framework for the
issuing of machine-readable biometric passports in full compliance with the
highest ICAO standards on the basis of secure identity management (civil
registry and breeder documents) and taking into account adequate protection of
personal data The legal
framework for issuing machine-readable biometric passports, in full compliance
with the highest ICAO standards, has been supplemented by two laws adopted on 9
June 2011 and a Government decision adopted on 10 May 2011. These additional
provisions ensure a consolidated framework for secure identity management. In
addition, an additional law was adopted on 27 December 2011 which ensures that
the one person one document principle is now also foreseen in relation to
diplomatic and service passports. ·
Adoption of an Action Plan containing a
timeframe for the complete roll-out of ICAO-compliant biometric passports,
including at Moldovan consulates abroad, and the complete phasing out of
non-ICAO-compliant passports An Action Plan
with a clear schedule has been adopted. ·
Establishment of training programmes and
adoption of ethical codes on anti-corruption, targeting officials of any public
authority that deals with passports, as well as identity cards and other
breeder documents The 'Ethical
Code for staff working in civil registration and document issuance' was adopted
on 1 April 2011. It refers to the Labour Code for sanctions in the event of
violation of its provisions. It introduces provisions on conflicts of interest,
incompatibilities and obligation to report irregularities. The Order 'on some prevention measures
against corruption and protectionism' was approved on 31 May 2011 by the
Director General of the CSIR 'Registru' and was followed by the 'Risk
Management Action Plan on corruption risks in the area of population
documentation and civil status registration' on 11 August 2011. The 'Management
plan of corruption risks in the field of population documentation' was approved
on 5 April 2012 by the Director General of the CSIR 'Registru'. Training
courses for the employees of the territorial subdivisions for population
documentation were given during 2011 and in the first trimester of 2012. Block 2: Irregular immigration, including readmission General assessment In the area of border management, the relevant legislation
was adopted. The institutional framework is in place, including provisions on
training and ethical codes to fight corruption. With regard to migration management, the Republic of Moldova
has laid down a comprehensive basis for an efficient migration management
system and the relevant legislative framework is in place. Although some
improvements are necessary, the instruments adopted are largely in line with
European and international standards. Most of the institutional framework is in
place, although more resources should be allocated to the implementation of the
relevant provisions. In the area of asylum, there is a solid legislative basis
largely in line with European and international standards. The Commission considers that the Republic of Moldova generally
meets the benchmarks set under Block 2. Detailed comments by policy area Block 2 / topic 1 - Border management ·
Consolidation of the legal framework for
border management including adoption of a new Law on the State Border, allowing
the Moldovan Border Guard Service to participate in the detection and
investigation of cross border crime in cooperation with all competent law
enforcement authorities and extending its area of responsibility to the whole
territory, as well as a legal framework for efficient inter-agency cooperation
between the Border Guard Service, law enforcement agencies and other agencies
involved in border management The Law on the State Border was adopted on 4 November 2011, published on 20 April 2012 and will enter into force on 1 July 2012.
It follows the definitions and framework of the Schengen Borders Code
(Regulation (EC) 562/2006) and also takes into account the European Union legal
framework for carriers’ liability. As such, it provides a good framework for
other legislation and policy papers. Adoption of the relevant bylaws is planned
before the entry into force of the law. The Law on Border Police was adopted on 28
December 2011, published on 20 April 2012 and will enter into force on 1 July
2012. The law provides a good basis for demilitarisation and
professionalization of the Border Guard Service, which will be transformed into
a Border Police. The law lays a solid foundation for modern border management.
It also confers to the Border Police the competences and executive powers
necessary for efficient border policing. In particular, the legislation will
allow the Border Police to participate in detection and investigation of cross
border-crime in cooperation with all competent law enforcement authorities. It
will also extend the Border Police area of responsibility to the whole
territory. Furthermore, the law provides a legal framework for efficient
inter-agency cooperation between the Border Police, other law enforcement
agencies and other agencies involved in border management. However, cooperation
arrangements, operational procedures and the division of tasks should be
further clarified. In particular, procedures for surveillance of aliens and for
dealing with detected illegal immigrants and asylum-seekers should be agreed
through cooperation protocols at least. The Law on the amendment of the Contravention Code was adopted on 21
October 2011, published on 16 December 2011 and will enter into force on 1 July
2012. It grants to the Border Police the competencies for examination of
administrative offences such as violation of state border regime and rules on
crossing the state border, damage and destruction of border signs and violations
of the rules on foreigners' residence rights in the Republic of Moldova. The Law on the amendment of the Contravention Code regarding
carriers' liability was adopted on 23 February 2012. It imposes sanctions for
violations of rules on transporting foreigners into the country and is in line
with international and European standards. The Moldovan Border Guard Service has
cooperation agreements and protocols with the neighbouring countries, namely
Romania and Ukraine, which provide a basis for cooperation with border guards
in those neighbouring countries. Cooperation agreements have been signed with
several EU Member States (Latvia, Lithuania, Estonia, Hungary and Poland), as
well as with Russia and Georgia. The Border Guard Service intends to finalise
cooperation agreements with the border guard services from Belarus and
Kazakhstan in 2012. A working arrangement with FRONTEX was signed in August
2008 and the Republic of Moldova is fully committed to and active in its
cooperation with the EU Border Assistance Mission (EUBAM). A new Cooperation
Plan for 2012-2014 was signed in December 2011 by FRONTEX and the Republic of
Moldova. ·
Adoption of an Action Plan for the effective
implementation of the National Integrated Border Management Strategy,
containing a timeframe and specific objectives for the further development of
legislation, organisation, infrastructure, equipment, as well as sufficient
financial and human resources in the area of border management The National Strategy on Integrated Border
Management (IBM) for 2011-2013 was adopted on 27 December 2010. It addresses
all topics relevant for efficient border management and is in line with
European standards and best practices. The IBM Action Plan for 2011-2013 was
approved on 16 May 2011. It contains more detailed plans on how the national
IBM Strategy will be implemented, including concrete objectives and actions.
Like the IBM Strategy, the IBM Action Plan is well drafted and includes all
topics relevant for implementing the IBM Strategy. The main objectives cover areas
connected with improving the legislative and policy framework, border control
and inter-agency and international cooperation and with developing the
organisational structure, management of human resources, logistics and a risk
analysis system. In the implementation phase, the IBM Action Plan should be
supplemented by more detailed plans which include inter alia numbers and
locations of equipment and devices, as well as plans on establishing
coordination centres, an Air Surveillance Service and a Document Examination
Centre. The legislative framework provides for
sufficient financial and human resources in the area of border management. ·
Establishment of training programmes, and
adoption of ethical codes on anti-corruption specifically targeting border guards,
customs and any other officials involved in border management A number of training programmes, both
theoretical and practical, have been established, at both basic and university
level. Continuous training for (internal and external) staff aiming to raise
the level of professionalism is also provided. The training programmes in place
offer a good framework to provide for professional border management. An appropriate policy framework for
corruption prevention and for ethical behaviour of officers is in place. The
Deontological Code for border guards, including rules on behaviour in case of
conflict of interests and principles for the use of force was approved on 13
June 2008. The Customs Service has a similar ethical code. Moreover, the Law on
Border Police spells out border police officers’ rights and obligations and, in
this context, also includes ethical norms. The IBM Strategy and the IBM Action
Plan include measures on corruption prevention. They take into account the
Schengen Catalogue's recommendations and best practices. In addition, several
anti-corruption activities have been launched under the auspices of the EUBAM. Block 2 / topic 2 - Migration
management ·
Consolidation of the legal framework for
migration policy, including measures for the reintegration of Moldovan citizens
(returning voluntarily or under the EU-Republic of Moldova readmission
agreement) and the fight against irregular migration (including efforts to
conclude readmission agreements with main countries of origin and inland detection
of irregular migrants) A new Law on foreigners in the Republic of Moldova was adopted on 16
July 2011. It is a framework law on the legal procedures for granting residence
rights to foreigners in the Republic of Moldova. Its extensive provisions cover
all fields of immigration matters. Additional operational procedures have been
in place since July 2011, bringing greater clarity to the new law. However,
some older national laws still apply to legal stays of foreigners in the
Republic of Moldova. In order to increase legal certainty, they should be
repealed and integrated into the new law (see also
below under Block 4). A 'one-stop-shop' was established within the Bureau for Migration
and Asylum (BMA) under the new 'Law on foreigners' in January 2011. The new law
makes procedures for applying for visas, residence and work in the Republic of Moldova clearer and simpler. It is an important step
forward in development of a migration management system. The Law on Integration of Foreigners was adopted on 27 December 2011,
published on 13 March 2012 and will enter into force on 1 July 2012. It brings
greater legal certainty with regard to the integration rights and facilities
that are to be provided for the eligible foreigners residing in the Republic of
Moldova. Concerning the reintegration of Moldovan migrants back into the
country, the Republic of Moldova is developing a new Action Plan to replace the
former Plan on fostering the return of Moldovan migrant workers from abroad. A
number of activities have been implemented, such as the
PARE 1+1 Programme, which foresees training on entrepreneurial skills as well
as financial assistance for business start-ups. In addition, activities aimed
at improving the system for the recognition of skills and qualifications, as
well as strengthening the local labour market have been implemented, including
in the context of the EU-Republic of Moldova Mobility Partnership. The Law on the Republic of Moldova's accession to the Convention on
the Status of Stateless Persons was adopted on 27 December 2011. The law on the
accession to the Convention on the reduction of Statelessness was adopted on 8
December 2011. These laws fill the legislative gap in this field. The Republic of Moldova issued Methodological Recommendations on
fight against illegal stay of foreigners, which provide operational guidelines
for immigration officers working at local level. With regard to institutional capacity, the BMA was empowered with
complex prerogatives, as the main body responsible for managing migration flows
on the territory of the Republic of Moldova. Further capacity building of the
BMA is needed, especially at local level, as well as establishing cooperation protocols between the relevant bodies of the Ministry of
the Interior, which would clarify the division of competences during the
immigration procedures. The Republic of Moldova is party to readmission agreements with the
European Union (in force since 1 January 2008), Ukraine (1997), Switzerland
(2004 and 2010), Norway (2006), the Former Yugoslav Republic of Macedonia
(2008), Serbia (2011) and Denmark (2011). Between 2009 and 2011, the Republic
of Moldova signed additional implementing protocols to the EU-Republic of
Moldova Readmission Agreement with 11 EU Member States. Negotiations are under
way with another 11 EU Member States. In the meantime, negotiations for readmission agreements between the
Republic of Moldova and main countries of origin of
irregular migrants continue. In 2007, a draft intergovernmental agreement on
readmission of persons residing without authorisation was approved and sent to
Russia, Uzbekistan, Tajikistan, Georgia, Azerbaijan, Armenia, Kazakhstan,
Belarus, Kirghizstan, Turkmenistan, Turkey, Syria, Bangladesh, India, Lebanon,
Pakistan, Jordan, Afghanistan, Iran, Iraq, China, Bosnia Herzegovina and
Montenegro. Negotiations are effectively under way with Russia, Montenegro and
Bosnia Herzegovina. Negotiations on the signing of a new readmission agreement
with Ukraine have been launched. Some developments have been reported in the
negotiations with Turkey. The Turkish authorities have asked the Moldovan
authorities to consider a visa free regime. According to the Republic of
Moldova, one of the preconditions would be the conclusion of a readmission
agreement with Turkey. ·
Adoption of a National Migration Management
Strategy for effective implementation of the legal framework for migration
policy and an Action Plan, containing a timeframe, specific objectives,
activities, results, performance indicators and sufficient human and financial
resources The Strategy on Migration and Asylum was
adopted on 6 July 2011. It is an important policy tool for managing migration
flows. The Strategy identifies objectives for a sufficiently long period of
time (2011-2020) and defines principles that will ensure comprehensive and
consistent implementation of policies. It also assigns the role of coordination
of activities regarding the migration process in the Republic of Moldova to a
Governmental Commission. The Strategy will be implemented through the Action
Plan (2011-2015) that was adopted on 8 November 2011. The Action Plan contains detailed activities for achieving the long term objectives of the
Strategy, the funding allocation, the institutions responsible, deadlines and
progress indicators. Appropriate human resources should be made
available for the relevant authorities (especially the BMA) to fulfil their
tasks for overall implementation of the Strategy. ·
Establishment of a mechanism for the
monitoring of migration stocks and flows, defining a regularly updated
migration profile for the Republic of Moldova, with data both on irregular and
legal migration, and establishing bodies responsible for the collection and
analysis of data on migration stocks and flows The complex Extended Migration Profile exercise, carried out by
International Organisation for Migration (IOM) Republic of Moldova with
financial support from the European Commission, is well advanced. This tool
will help Moldovan authorities to manage migration better and to include
migration issues in other policies, such as employment and social policy, for
the overall development of the country. The Migration Profile was considered
best practice at the Global Forum on Migration and Development (GFMD) which
took place in December 2011 and Moldovan authorities have been active in
sharing their expertise in that regard. The BMA was
given the task to regularly update the Migration Profile. The “Migration and Asylum” Informational
Integrated Automatic System is in the process of being established. The
different sub-systems are being developed. Inter-agency cooperation with regard
to collecting and analysing data on migrants, including the extent of
interconnection between information systems containing data about migrants will
need to be further clarified. Block 2 /
topic 3 - Asylum policy ·
Consolidation of the legal framework for
asylum policy through adoption of legislation on the integration of refugees or
beneficiaries of other forms of protection The Republic of Moldova
has adopted a solid legislative framework for asylum in a very short period of
time. The most important law is the 'Law on Asylum', which was adopted on 18
December 2008 and entered into force on 13 March 2009. It provides the
necessary institutional framework, legal procedures and principles and is
largely in line with European and international standards. However, some of its
elements require improvement. The law foresees the possibility for refugees to
apply for a travel document but does not oblige the authorities to grant one
(it is a 'may' clause). During the implementation phase, efforts will have to
be undertaken in order to ensure that travel document are delivered to the beneficiaries
of international protection. The authorities plan to be able to issue the
documents by July 2012. In addition, the law foresees wider grounds for
exclusion from refugee status and refoulement than the 1951 Convention.
It should be amended accordingly. Some improvements should also be made to the
law to allow the asylum-seekers the possibility to clarify any inconsistencies
and gaps in their account and have access to the content of the interview
report. The Law on Integration of Foreigners was adopted
on 27 December 2011, published on 13 March 2012 and will enter into force on 1
July 2012 (see above under topic 2). It contains provisions on how to put into
practice the rights for refugees and beneficiaries of humanitarian protection
described in the 'Law on Asylum'. To that end, the draft law provides the
necessary institutional framework, legal procedures, mechanisms and principles.
It also creates coordination mechanisms with central and local public
authorities. In order to facilitate the integration process, the Republic of Moldova
should also consider lowering the residency requirement for acquiring
citizenship by refugees, beneficiaries of humanitarian protection and stateless
persons from the current requirement of eight years of legal and habitual
residence to five years or fewer. The Regulation on the Activity of the
Centre for accommodation of asylum seekers is largely in line with European and
international standards. The most important rights, duties and procedures are
covered. Some improvements could be made, however, including with regards to
special provisions for vulnerable groups or making the right to psychological
and social assistance unconditional. Block 3: Public order and security General assessment The legislative and policy framework on preventing and fighting organised crime has been
established. The Law on organised crime was adopted as well as the Strategy and
the accompanying Action Plan and they are largely in line with the European and
international standards. The legislative and policy framework
on preventing and fighting trafficking in human beings is consolidated,
in line with the European and international standards. The Action Plan for
2012-2013 provides for a holistic approach in addressing THB. Regarding the anti-corruption policy, a
comprehensive legislative and policy framework is in place and in an advanced
stage of consolidation. The Republic of Moldova has passed and is about to pass
a considerable number of legislative amendments aimed at aligning the
legislative framework with the main European and international instruments. The
Anti-Corruption Strategy and the Action Plan 2012-2013 were adopted. A new Law
on the Centre for Combating Economic Crimes and Corruption (renamed National
Anti-Corruption Centre) was adopted. The strategic planning and needs
assessment should be further improved in order to ensure an effective
implementation. Capacity, distribution of powers and cooperation among
institutions with tasks in the anti-corruption field should be further
strengthened. Regarding the law enforcement cooperation,
coordination should be further improved in order to allow an effective exchange
of information. The legislative and policy framework for preventing and
fighting money laundering and the financing of terrorism is in
place, in line with the European and international standards. The Republic of Moldova has acceded to all UN and Council of Europe conventions in the
area of public order and security and to a large
majority of UN and Council of Europe Conventions regarding the fight against
terrorism. Further steps should be taken, especially by the EU side, towards
negotiating agreements with Europol and Eurojust. The adopted legislative
and institutional framework on data protection is largely in line with
European standards. The Republic of Moldova put in place the legislative,
policy and institutional framework required in the anti-drug policy,
which is in line with European and international standards. The legislative
framework regarding judicial cooperation in criminal matters was further
consolidated. The Republic of Moldova signed the 2nd Additional
Protocol to the Council of Europe Convention on Mutual Legal Assistance in
Criminal Matters which is now pending ratification. Important institutional
reforms, relevant for the whole area of public order and security, like the
Reform of the Ministry of the Interior and its
subordinated and decentralised structures, and the
Justice Reform were adopted, and subsequently further developed: a Reform
Centre was created in March 2012; the
Strategic Development Plan of the Ministry of Interior 2012 - 2014 is being
implemented; additional legislation relevant for the
reform process is in an advanced stage of adoption. The Justice Reform is being
pursued and the Action Plan on the
implementation of the Strategy was approved by Parliament. Regarding the Action Plans under
Block 3, further attention will be paid to their expected results,
timeframe/deadlines, performance indicators and the necessary human and
financial resources for their implementation. The
Commission considers that the Republic of Moldova generally meets the
benchmarks set under Block 3. Detailed
comments Block
3 / topic 1 - Preventing and fighting organised crime, terrorism and corruption ·
Adoption of a law and comprehensive strategy
on preventing and fighting organised crime, together with an action plan
containing a timeframe, specific objectives, activities, results, performance
indicators and sufficient human and financial resources The Law on Preventing and Combating Organised Crime in a revised
version was adopted by the Parliament on 22 March
2012. The Law introduces a
distinction between the preventive and procedural measures and indicates the
applicable procedures in the field of organised crime. It contains, inter alia,
measures to prevent and combat the creation of new groups or criminal organisations,
measures to prevent and combat criminal activity, information campaigns to
prevent and fight organised crime, operative monitoring of people vulnerable to
being attracted in organised criminal activity. The law also indicates
the authorities that have competences in this area: the General
Prosecutor's Office, the Ministry of Interior, the Ministry
of Justice, the Intelligence and Security Service,
the Anti-Corruption Centre and the border police. The law provides a basis for vocational
trainings for experts, in association with international organisations and
NGOs. The Law could however benefit from a further alignment with the
horizontal European and international instruments such as the UN Convention on Transnational
Organised Crime. More specific definitions could be included on the organised
groups and the criminal offences to which the Law applies. Further alignment
could also be made as regards the criminalisation of
participation in an organised criminal group, confiscation and seizure,
jurisdiction, transfer of sentenced persons, criminalisation of obstruction to
justice, protection of witnesses, assistance to and protection of victims as
well as the collection and analysis of information on the nature and extent of
organised crime. Regarding the
policy framework, the Strategy for Preventing and Fighting organised crime for
2011-2016 was approved by the Government on 22 June
2011 and the Action Plan on 11 November 2011.
The Strategy foresees the permanent assessment of the
threats and risks of organised crime. It establishes basic principles for
fighting organised crime, general objectives as well as competences of line
authorities. The main objectives of the Strategy are to promote institutional
and functional development, to improve management capacity, to harmonise the
legislation, to improve operational activity, to consolidate international
cooperation and to strengthen cooperation between national authorities. It
provides a good basis for tackling organised crime as long as the methods and
the measures chosen are effective. The Action Plan
covers the following areas: operational and institutional development,
strengthening of inter-agency and international cooperation, strengthening and
modernising management capacity, strengthening institutional capacity and
adjusting the legal framework to the EU standards. The Action Plan includes a number of general objectives, which are
adequate, but does not set deadlines for every measure whereas some of the
progress indicators are not measurable, or not sufficiently precise. Regarding the institutional framework, several entities have
competences in preventing and combating organised crime. The General
Prosecutor’s Office coordinates all the operative activities of these entities.
The role of the General Prosecutor should be further strengthened in a
consistent way with the ongoing institutional reforms, in particular the
Justice and Criminal law reforms. ·
Consolidation of the legal framework on
preventing and fighting trafficking in human beings and regular updating of the
respective National Plan, including a timeframe, specific objectives,
activities, results, performance indicators and sufficient human and financial
resources The legislative and policy framework on preventing
and fighting trafficking in human beings (THB) has been consolidated since
several years. The framework Law on Preventing and Fighting Trafficking in Human Beings was adopted
in 2005 and has been supplemented by a number of other
legal acts, including the relevant provisions of the
Criminal Code and Criminal Procedural Code as well as international conventions. The Law on Ratification
of the Council of Europe Convention (Lanzarote Convention) on the protection of
children against sexual exploitation and sexual abuse, was adopted by the
Parliament on 19 December 2011. The ratification instruments were deposited
with the Council of Europe on 12 March 2012 and the Convention will enter into
force on 1 July 2012. A Law on modification and amending the Criminal Code
and Criminal Procedure Code in order to adjust the national legislation to the
provisions of the Lanzarote Convention has been adopted by the Parliament on 12
April 2012. The Plan for Preventing and Combating THB for
2010-2011 was approved on 13 September 2010 and included measures to tackle
this phenomenon. An Additional Plan was approved on 21 December 2010 providing
for more concrete measures. One of its goals was to improve of the mechanism
for investigating and prosecuting the involvement of civil servants in THB
cases. It also aimed at increasing protection of children who are victims of
trafficking, which still remains an issue of concern. It addressed national and
international cooperation, awareness raising and information. Both Action Plans
included most of the elements required: a timeframe,
specific objectives, activities and expected results but without performance
indicators, nor specific figures on budgetary and other resources. The new Action Plan for 2012-2013 has been
drafted and is expected to be approved in June 2012. It includes elements missing in the previous Action Plans. One example is prevention/protection of vulnerable groups against
the risk of becoming victims of trafficking, especially children left behind,
known as social orphans. The new Action Plan provides progress indicators but
does not describe measures of performance in detail. It includes a section
aiming at strengthening the monitoring and evaluation of the Action Plan. It focuses mainly on increased coordination (both at national and
international level) of anti-trafficking activities, on prevention of
trafficking through capacity building and awareness raising activities, on
social assistance and protection of victims and on strengthening investigative
and procedural systems. This is in overall line with international and European
instruments on THB. The institutional
framework is in place and consolidated. The Centre
for Fighting Trafficking in Human Beings was established in 2006 and is fully
operational. The relevant structures in these areas are both at
administrative level, namely the National Committee for fighting trafficking in human beings, which is a consultative body within the Government
and at prosecution level which is monitored by a Coordinating Council, chaired
by the General Prosecutor, who appears to be fully
involved in the fight against THB. Moreover, the
National Referral System for Assistance and Protection of Victims of
Trafficking, a framework or co-operation between governmental and non-governmental
bodies, also includes multi-disciplinary teams set up at the regional level. ·
Adoption of legislation on preventing and
fighting corruption and consolidation of the anti-corruption function of the
Centre for Combating Economic Crime and Corruption; strengthening coordination
and information exchange between authorities responsible for the fight against
corruption The framework
Law on Preventing and Fighting Corruption was adopted in 2008 and subsequently amended. It has been
supplemented by a significant number of relevant legal
acts (e.g. the Law on Conflict of
Interest, the Law on Code of Conduct for Public Servants, the Law on the Civil
Service and the Status of Civil Servants, the Law on Declaring and Monitoring
the Income and Assets of State Dignitaries, the Law
on Public Procurement, etc), including the relevant provisions of the Criminal Code, the Criminal Procedure
Code and the Code of Administrative
Offences. Several additional
steps have been taken to improve the legal framework with a view to
aligning the national legislation with European and international requirements.
A considerable number of pieces of legislation have been prepared and adopted
in 2011 and 2012. The legislative amendments refer inter alia to:
broadening the scope of corruption offences to foreign and international public
servants; broadening the scope of bribery offences by extending the elements of
crime included in this offence (e.g. 'offering', and 'giving'); introducing
criminal liability for corrupting voters; setting out special confiscation and
precautionary measures to compensate for damage and measures on third party
confiscation in cases the third parties were aware of the illegal origin of the
assets; amendments to the system for sanctioning protectionism and conflicts of
interest set out in the Code of Administrative Offences;
introducing liability of legal persons for active corruption offences. Additional
legislative amendments were adopted aiming at complying with GRECO
recommendations or United Nations Convention against Corruption (UNCAC)
requirements, such as: criminalisation of false accounting, strengthening the
system for sanctioning breaches of the civil servants' code of conduct,
strengthening the requirements for reporting corruption offences. The
safeguards on protection of whistle-blowers against retaliation in both private
and public sectors would need to be further strengthened in practice. The recommendation from the second round of
GRECO evaluation regarding the legal framework for the use of special
investigative measures in all cases of corruption has been dealt with partially
given that special investigative measures can be used only for 'serious
crimes' and not for other ordinary corruption offences. The legislative
framework was changed, in order to increase the level of sanctions for active
and passive bribery which automatically qualified this type of offences as
'serious' crimes for which special investigative measures can be used. However,
the scope of the provisions on use of special investigative measures has not
been extended to other ordinary corruption offences which fall below the
threshold of 'serious crimes', such as the offence of trading in influence. Additional
steps have been taken towards addressing some of the GRECO recommendations of
the third evaluation round, notably as regards incriminations (e.g.
scope of corruption offences, liability of legal persons, scope of corruption
offences in the private sector, criminalisation of active trading in influence,
etc). Financing of
political parties and election campaigns remains an
area where GRECO has highlighted a number of significant shortcomings that need to be addressed as a matter of
priority in order to ensure full transparency, efficiency of supervision and an
effective, proportionate, and dissuasive sanctioning system for both regular
party financing and funding of election campaigns. Currently the checks on
party and election campaign financing are carried out by the Central Electoral Commission which comprises nine members (of whom
only three are permanent). The current framework could
be further strengthened to offer the necessary guarantees for detection and
effective sanctioning of all cases of illegal party financing. Draft
legislation on financing of political parties and electoral campaigns is under
preparation with the view of following-up GRECO's recommendations. Reporting by
the Moldovan authorities on the implementation of GRECO recommendations will
continue during 2012. The Republic of Moldova should continue to implement the
GRECO recommendations and further information should be
provided on how the outstanding GRECO recommendations will be implemented. Public
procurement remains one of the areas most
vulnerable to corruption, with significant deficiencies in practice. A number
of laws have an impact on this area and there have been intense discussions as
to whether the definitions in those laws are sufficient given the high risks
involved. The current system includes a mandatory requirement to publish a procurement
intention announcement prior to drawing up a procurement process plan. However,
often no announcement is published and no plan is drawn up. The sanctioning
system is inefficient. More efforts need to be made to ensure a fully
transparent public procurement process and dissuasive sanctions in case of
breach of the legal requirements. In relation to conflicts
of interest, incompatibilities and asset declarations, the legislative
framework is in place. The most significant shortcoming concerns the efficiency
of the verification and sanctioning mechanisms. The Law on the National Integrity Commission, (NIC), was adopted by the Parliament in December 2011. The
NIC is in charge of checking conflicts of interests,
incompatibilities and asset declarations but is not yet
operational. The law sets out the tasks and the powers
of the NIC, its organisation and the procedures to follow. While it is welcome that a single institution was designated to
perform thorough checks on conflict of interest, asset declarations and
incompatibilities, further guarantees of its independence and impartiality in
decision-making are necessary, given that its composition leaves room to
political control. The president of the NIC is to be
appointed by the Parliament. Out of five members, three
are proposed by the parliamentary majority, one by the opposition and only one
would come from civil society through open competition. The current composition
creates the possibility of control of the political majority over the decisions
of the NIC. The decisions on conflict of interest, asset declarations and
incompatibilities should be impartial and free from any political interference.
The law describes in fair detail the tasks of the NIC and the procedures
related to the verification of conflicts of interest, asset declarations and
incompatibilities. The effectiveness of the checks remains to be tested in
practice. The selection of the NIC members and staff must follow objective and
merit-based criteria and the decision-making process in individual cases should
be safe from political influence or political deliberation. In case of
'obvious difference' (not defined by the law) between an official's income and
assets, the NIC can notify the prosecution services, if there are any
suspicions that a crime has been committed, and the tax authorities. No
specific powers are given to the NIC to propose confiscation of unjustified
wealth. When conflicts of interest or incompatibilities are found, the NIC will
issue an 'act of infringement' and may ultimately ask the public authorities to
take disciplinary action or terminate the mandate or contract of the official
in question. It may also ask the courts to cancel the administrative act
adopted by the public official found in conflict of interest or in a situation
of incompatibility. The law introduced an obligation to post the asset
declarations on the website of the NIC. This would be a positive step towards
giving the general public wide access to the asset declarations and potentially
increasing the rate of detection of cases of unjustified wealth. Sufficient
budgetary and human resources have to be secured to ensure effectiveness of the
verifications carried out by the NIC. All aspects related to independence in
decision-making and capacity to perform verifications and propose sanctions are
key to the effectiveness of the system which can only be tested through a
track-record of implementation. Further information should be provided on what
technical equipment and what electronic databases are at the disposal of the
NIC. Special
attention should be paid to the coherence of the overall legislative process
in order to avoid legal uncertainty and to ensure thorough implementation. The
legal framework is undergoing successive changes required by a number of
anti-corruption reform measures. While it is understandable that the pace of
the reforms is accelerated and that is consequently reflected in the
legislative setting, the coherence and stability of the overall framework must
not be affected. The same piece of legislation is often amended through
different legislative acts in the course of a few months. Legislative
initiatives need to undergo thorough impact assessments, including on financial
and human resources needs, and need to be coordinated. The Anti-Corruption Strategy for
2011-2015 was adopted by Parliament in July 2011
and sets clear priorities and objectives. The
Strategy contains a brief assessment of the state of play, looking into a
number of surveys that measure perceptions of corruption, as well as a very
general analysis of the causes of corruption. It also defines the main
principles and directions of action and sets a number of general performance
criteria and overall targets to be met at the end of the implementation period.
The Strategy describes in fair detail the monitoring process of its
implementation and places the task of coordination under the responsibility of
a Parliamentary Commission. The monitoring working group is made of several
stakeholders, including from the private sector and civil society. The Anti-Corruption Action Plan
for 2012-2013 was approved by the Parliament in February 2012. While the
Action Plan comprises a number of detailed measures, deadlines, indicators and
expected targets, it does not comprise cost assessment, budgetary and human
resources references. The Action Plan also lacks reference to risk assessments
or vulnerable sectors. While the Action Plan is focused on legislative and
institutional solutions, further attention should be paid to operational
measures. Measures regarding internal control mechanisms and their interaction
with the law enforcement bodies should be further developed. Regarding the institutional
framework, the Centre for Combating Economic Crime
and Corruption (CCECC) was established in 2002 and has since been restructured several
times. A new Law on the Centre for Combating Economic
Crimes and Corruption was adopted by the Parliament on 25 May 2012. The Centre
has been renamed National Anti-Corruption Centre. Its independence was strengthened
through making it accountable to Parliament and ensuring an open competitive
process for the selection of its director who is to be appointed by Parliament.
Dismissal procedures are also fairly well described by the new law. The reform
of the Centre followed several public consultations, including assistance from
international community, which materialised in a draft reform strategy paper,
submitted to the Government in November 2011, proposing three main strands of
the reform: independence, increased capacity and public support. Of these, the
new Law focused mainly on the issue of independence, while the efficiency and
increased capacity remain to be further clarified and tested in practice. A new
Strategy for the institutional strengthening of the
Centre is currently being finalized, building on the objectives of the previous reform strategy paper, with the aim to focus on
implementation of the new legal framework. Ensuring appropriate capacity for
the Centre to carry out efficiently its tasks should be key elements of the
reform complementing the independence guarantees. The Centre kept
in the new format both the prevention and investigative powers. In terms of
repression, the Centre performs investigation activities under the prosecutors'
control. The jurisdiction on investigations covers now only corruption and
corruption-related offences. However, there is no differentiation according to
the value of the prejudice or according to the position of official
investigated. All corruption offences, irrespective whether they are petty or
high-level, are under the jurisdiction of the Centre. All other economic and
financial crimes not related to corruption offences have been transferred under
the competence of the Ministry of Interior and Customs authority. Money
laundering and terrorism financing remain under the competence of the Centre;
the FIU remains an autonomous unit within the Centre (see
also below under money-laundering). The director of
the Centre will be appointed by Parliament following an open competition. The
dismissal of the director is also decided by Parliament, based on the grounds
exhaustively provided by the law. The new law on the National Anti-Corruption
Centre also comprises a number of integrity-related guarantees and checks on
integrity of the Centre's employees. However, the effectiveness of the new
system is still to be tested and a number of questions remain as to the
division of powers and coordination with other law enforcement bodies. The
Strategic Development Programme for the Centre for the next two years was
approved by the Board of the Centre in January 2012. The Programme is
relatively vague when it comes to future concrete measures. It mentions the
budgetary resources and staffing levels of the previous years, but comprises no
cost or human resources needs assessment for the next two years. Also, there is
no detailed calendar of actions. The strategic programming on the Centre's
activities does not offer a clear picture of how the efficiency of its
activities and the coordination with other anti-corruption institutions and law
enforcement bodies is going to be ensured. Regarding inter-institutional
cooperation, more needs to be done to ensure a clear division of tasks and
an efficient cooperation between all institutions acting in the field of
prevention and fight against corruption, including the National Integrity
Commission, the National Anti-Corruption Centre, the internal control
mechanisms, the FIU, the prosecution services and law enforcement bodies.
Further steps need to be taken to promote an effective intelligence-led
policing and improving information exchange systems among these institutions
should be treated as a priority. ·
Consolidation of the legal framework for the
prevention and fighting of money laundering and financing of terrorism in line
with international standards set by the Financial Action Task Force on Money
Laundering and Terrorist Financing (FATF); regular updating of the respective
national strategy; establishment of an independent Financial Intelligence Unit A law was adopted on 7 April 2011, amending the 2007 Law
on Preventing and Fighting Money Laundering and
Financing of Terrorism. The 2010-2012 Strategy for preventing and combating money laundering and the financing of
terrorism and the Action Plan have been approved by the Government on 3
September 2010. The Strategy represents a good working basis. Particularly
welcoming was the realisation that previous strategies have not been fully
effective because measures were removed from the Strategy at the end of the
year regardless whether they had been implemented effectively or not. The
lessons learned from this have resulted in a new approach of having a five year
strategy based on yearly action plans but carrying over outstanding measures into
the following year’s actions. The Strategy seems to be addressing the lack of
procedures on freezing and confiscating assets without the need to define a
predicate offence. Regarding the establishment of
an independent Financial Intelligence Unit (FIU), the Law
of 7 April 2011 established the Office for Preventing
and Combating Money Laundering as a specialised
independent division within the CCECC (see also above under anti-corruption)
specifically endowed with the responsibilities of a FIU.
Several additional Orders on its functioning have been approved. The Office for Preventing and Combating
Money Laundering is fully independent from the CCECC. The FIU must remain
independent from other agencies in order to comply with international standards
and to continue its functions. The FIU is a recognised member of the Egmont
Group and the Camden Assets Recovery Inter-Agency Network (Carin). The Office for Prevention and Combating
Money Laundering produces a national risk assessment on anti-money laundering and
measures to counter financing of terrorism. It plays both an operative and an
investigative role, conducts criminal prosecutions and mediates between the
data received, research and law enforcement bodies. The conclusions of the progress report of 14 April 2011
by the Council of Europe Committee of Experts on the
Evaluation of the Anti-Money Laundering Measures and the Financing of Terrorism
(Moneyval)[4]
acknowledged the steady progress made in the areas of customer due diligence
and reporting. According to Moneyval's conclusions, there is a need for further
indications as to the effectiveness of the regime, in particular regarding
money laundering convictions and amounts of assets recovered. The 4th
round evaluation by Moneyval should provide further indications of progress in
this regard. A Moneyval on-site visit took place in
November 2011 under the fourth round of evaluation and its draft report will be
prepared for review and adoption in December 2012. It
should provide further indications on progress in this regard. Since July 2011 the Republic of Moldova is no longer monitored by FATF. ·
Adoption of a National Anti-Drug Strategy and
its related action plan; establishing cooperation with the EMCDDA On 27 December 2010 the Republic of Moldova
approved the National Antidrug Strategy for 2011-2018. The Strategy defines
objectives, necessary actions and clear responsibilities of all stakeholders
involved in combating drug addiction and drug trafficking. It was developed in
line with the European Strategy on Drugs for 2005-2012 and the relevant UN
Conventions. The Strategy proposes a comprehensive approach to issues related
to drug use, based on complex, interdepartmental, interdisciplinary cooperation
at all levels, with three main components: a) reduction of drug supply
(exercising legal control over movement of drugs and combating drug trafficking
and illicit distribution of drugs); b) reduction of demand for drugs (primary
prevention, treatment and rehabilitation of drug users) and c) risk (harm)
reduction. In June 2011 the Government approved a decision on
establishing the National Anti-Drug Committee, as a permanent body at Government level supervising, developing and coordinating policies related to drug
demand and supply reduction. Its Secretariat was established in July 2011 by a
Government decision and has started to gather and analyse the information and
data provided by the national authorities. Regarding the law enforcement dimension, there is an
Anti-Drug Department in the Ministry of the Interior. Concerning policy
coordination, an Interdepartmental Commission is in place. In addition,
relevant structures have been established within the Ministry of Health. The National Anti-Drug Observatory has been consolidated. Cooperation with the European Monitoring Centre for
Drugs and Drug Addiction (EMCDDA) is ongoing. The Moldovan authorities are
providing national data and working on trends. In a letter dated 28 October
2011, the Republic of Moldova requested formalisation of the cooperation with
the EMCDDA by signing a Memorandum of Understanding (MoU). The procedure for
the signing of the MoU between the Republic of Moldova and the EMCDDA is
ongoing and the MoU is expected to be signed in the course of 2012. ·
Adoption of relevant UN and Council of Europe
Conventions in the areas listed above and on fight against terrorism The Republic of Moldova has acceded to all UN and Council
of Europe Conventions relevant to the above-mentioned
areas. Regarding the fight against terrorism, a large majority of UN and Council
of Europe Conventions have been ratified and have entered into force. Block 3 / topic 2 - Judicial
co-operation in criminal matters ·
Adoption of a legal framework on mutual legal
assistance The legislative framework in the area of mutual legal assistance is largely in
place. The Republic of Moldova is carrying out a
very broad process of reform of its criminal and criminal procedure
legislation. An inter-institutional Working Group on
the amendment of the criminal procedure legislation in the areas of operative investigation and prosecution was
established on the basis of the
Government Decision of 9 February 2011. The Concept Paper on the reform of the system of prosecution and
criminal procedure was drafted by the Working Group. Consequently, a draft 'Law
on amending of some legislative acts (the Law no. 45-XII of 12 April 1994 on Operative
Investigations, the Criminal Procedure Code)' was prepared in order to adjust
them to the new provisions on combating cross-border crime and international
joint investigation teams, review of national legislation on the interception
of telephone conversations and review of relevant legislation in the framework
of Police Cooperation Convention for South East Europe. The 'Law on Special
Investigating Activity' was adopted by the Parliament on 29 March 2012. The Law on amending some legislative acts (the Criminal Procedure Code) was adopted by the Parliament
on 5 April 2012. The relation between the two laws will need further
clarification. ·
Accession to the 2nd Protocol to
the European Convention on mutual assistance The Republic of Moldova has signed on 13 March 2012 the
2nd Additional Protocol to the Council of Europe Convention on Mutual Legal
Assistance in Criminal Matters which is now pending ratification. ·
Conclusion of an agreement with Eurojust Eurojust has established a contact point in the Republic
of Moldova. Contacts aimed at starting negotiations on an agreement on
cooperation between the Republic of Moldova and Eurojust have been established
since 2006. Three meetings were held between 2008 and 2010 in this context.
Full consolidation of the new Moldovan legal framework on data protection for
the purposes of judicial cooperation in criminal matters is needed in order to
make progress in such negotiations, as ensuring an adequate level of data
protection is a precondition for the conclusion of a co-operation agreement
with Eurojust (see also below under topic 4 data
protection). The Republic of
Moldova presented additional information to Eurojust on data protection in February 2012. It is expected that the negotiations
of the agreement will start in the second half of 2012. Block
3 / topic 3 - Law enforcement co-operation ·
Establishment of an adequate coordination
mechanism between relevant national agencies and a common database guaranteeing
direct access to relevant officers The coordination between relevant national
law enforcement agencies is ensured through the activity of the SELEC (The
Convention of the Southeast European Law Enforcement Centre)/GUAM (Organisation
for Democracy and Economic Development) National Virtual Centre which was
established in 2006. It is a subdivision of the Ministry of the Interior which
aims to develop the cooperation between relevant national and European agencies
on combating cross-border organised crime and on security of borders. The
National Virtual Centre SELEC/GUAM ensures the coordination between the
following law enforcement authorities: the Ministry of the Interior, the Border
Guards Service, the Customs Service, the Security and Information Service and
the Centre for Combating Economic Crimes and Corruption. These authorities have
direct access to the Centre's database on investigating, preventing and
fighting against cross-border organised crime. The information is exchanged
using SELEC/GUAM channels. The general aims of the National Virtual
Centre are: (1) to ensure the organisational framework necessary for
cooperation and development of specific actions at national and international
levels for preventing and combating trans-border crime and other types of
serious crimes in the SELEC and GUAM Member States, (2) to exchange information between law enforcement agencies form SELEC and
GUAM Member States on preventing and combating trans-border crimes and (3) to
analyse, make available and use the information gathered for research and for
combating and preventing trans-border crimes. The Centre uses a database called "Registru".
This database offers information on persons, vehicles, companies (the owners,
kind of activity and means of transport registered in the company's name),
driving licenses, check on different types of documents like passports or,
birth certificates and border crossings. As there are different types of database, under various operators
("Registru" under the Ministry of Information, Technology and
Communications, information on crossing the state border from the Border Guard
Service, information on real estate "Cadastru"), the Centre
has access to these databases via the delegated liaison officers. A 2006 'Law on the Electronic Information
System on Recording Crime, Criminal Cases and individuals who committed crimes'
established a coordination mechanism between relevant national authorities and
a database. Three Common Orders were approved on the coordination mechanism:
(1) a 2008 Order on a single record of offences, criminal cases and individuals
who committed crimes, (2) a 2006 Order on unique record of operational files
(searches and identification) on wanted persons, persons of unknown identity
and unidentified bodies, and (3) a 2004 Order on a single record of marked
objects, antiques and works of art and lost and found property. Establishment of an adequate coordination mechanism between relevant
national agencies should be further pursued by setting up a coordination
committee of all agencies involved in intelligence and investigation. This
coordination committee should be chaired by the General Prosecutor who should
play a leading role and should be convened regularly. It is not clear if any inter-agency
structure is foreseen to enhance the exchange of information on organised crime
or if the above-mentioned National Virtual Centre will play this role.
Currently no central structure can provide direct access to all databases that
could be of interest, i.e.: population (registry), vehicles, border crossings,
stolen goods, finger prints, DNA, tax administration, customs database,
Security and Information Service databases, criminal records, persons in jail,
cadastre, etc. So far, the existing entities have no direct access to
all the available databases, and they have to rely on liaison officers who will
contact their administration in order to give them access the information they
need. Given that there is no universal standard
on establishment of a "common database", some countries have one,
others have separate databases, it is nevertheless important to put in place
the tools necessary for proactive consultation of all available databases. The
authorities should envisage establishing an interagency tool, such as the
planned Information and Analysis Unit, where representatives of all
intelligence and law enforcement agencies could have access to the various
databases. ·
Conclusion of an operational cooperation
agreement with Europol ensuring an adequate level of data protection The negotiation of an operational agreement with Europol is
conditional upon assessment by Europol of the relevant data protection
standards. Work on the data
protection assessment is ongoing. Europol completed its first scrutiny of the
material received and sent additional questions to the Republic of Moldova in
January 2011. The Republic of Moldova replied on 23 March 2011 sending
supplementary information on personal data protection. In April 2012 Europol
was provided with additional legislation (see also below under 4. Data
protection). Europol is currently proceeding with its assessment of the data
protection legislation in the Republic of Moldova, pending any additional
information and clarifications that might be necessary. The data protection
study visit can be carried out following the entry into force of the
legislation and once some practice has been gathered with regard to its
application. The negotiation of an operational agreement with Europol can only
start after authorisation of Europol’s Management Board following the opinion
of the Joint Supervisory Body, which is based on Europol’s data protection
report. Europol organised an awareness-raising seminar for
Moldovan law enforcement authorities in April 2011. In July 2011 the Republic
of Moldova was invited to second a permanent liaison officer to Europol. Block
3 / topic 4 - Data protection ·
Consolidation of the legal framework for the
protection of personal data, including accession to the 2001 Additional
Protocol to the Council of Europe Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data, regarding supervisory
authorities and trans-border data flows The Republic of Moldova's new Law on Data
Protection, adopted on 8 July 2011, has entered into force on 14 April 2012. It
repeals the existing Law on Data Protection of 2007 and aligns the Republic of
Moldova's data protection legislation with the relevant Council of Europe
instruments and the EU acquis. In addition, a 'Law amending and
supplementing some legislative acts' was adopted on 21 October 2011, which inter
alia strengthens the independence and powers of the supervisory authority
and introduces sanctions for data protection breaches. These legislative
changes are foreseen to enter into force on 16 June 2012. Further efforts are ongoing in order to
consolidate the legal framework fully by aligning other legislation and
Government decrees with the new 'Law on Data Protection'. Particular attention
should be paid to data protection rules in the police sector (in particular
full implementation of the relevant Council of Europe Recommendation) including
the revision of the Criminal Procedure Code and the 'Law
on Special Investigating Activity' (see also above under Judicial co-operation
in criminal matters). Full consolidation and effective implementation of the
legal framework are a precondition for conclusion of operational cooperation
agreements with Eurojust and Europol (see also above under topics 2 and 3). The Republic
of Moldova has ratified the 2001 Additional Protocol to the Council of Europe
Convention for the Protection of Individuals with regard to Automatic
Processing of Personal Data, regarding supervisory authorities and trans-border
data flows. The ratification entered into force on 1 January 2012. The National Centre for Personal Data
Protection began its operations in mid-2009 on the basis of the Law on Data
Protection of 2007. Its independence and powers have been strengthened by the
new legal framework. The Centre is an institution under Parliament and is
impartial and independent from any other governmental or administrative bodies.
Block 4: External relations and fundamental rights General assessment The Republic of Moldova adopted the relevant legislation, moving
swiftly forward with the revision of the national legislation to meet the
required benchmarks. With the adoption of a comprehensive Law on Ensuring
Equality the Republic of Moldova completed the framework deemed to ensure
effective implementation of the benchmarks in the area of external relations
and fundamental rights. The Government of the Republic of Moldova also amended
the Action Plan containing support measures for Roma people taking into
consideration recommendations related to international standards on inclusion
policies. It also further clarified aspects of the legislation mentioned in the
previous report, notably related to determination of the status of stateless
persons. The Commission considers that the Republic of Moldova generally meets
the benchmarks set under Block 4. Detailed comments Block 4 / topic 1 - Freedom of
movement within Republic of Moldova ·
Revision of the legal and regulatory
framework on registration and de-registration procedures for legally staying
foreigners or stateless persons with a view to avoiding unjustified
restrictions. In May 2011 the Government approved Decision no. 337 amending
Government Decision no. 376 of 6 January 1995 on additional measures to
consolidate the national passport system. The Decision was published in the
Official Gazette in June 2011 and is in force. It aims to review provisions
regarding the rules of evidence of population, in particular it establishes the
mechanism for acquiring and processing biometric information and provides for
regulation of the legal relations between individuals,
legal entities, law enforcement and local government bodies to ensure free
movement in the Republic of Moldova and the right to establish domicile or
residence anywhere in the country. In order to
prevent and exclude cases of stateless persons in relation to the succession of
states, amendments to the 'Law no. 1024-XIV of 2 June 2000 on
Citizenship' were adopted by Parliament in June 2011 and published in the Official Gazette on 8 July 2011. In addition, in
April 2012, the Republic of Moldova formally deposited its instruments of
accession to the United Nations Conventions on the
Reduction of Statelessness (adopted
on 30 August 1961
in New York)
and on the Status of
Stateless Persons (adopted
on 28 September 1954
in New York)
(see also above under Block 2 topic 2). The amendments to the 'Law no. 1024-XIV of 2
June 2002 on Citizenship' aim to adjust the legislation in order to prevent and
resolve cases of statelessness resulting from the disintegration of the Soviet
Union and issues related to state succession. The Republic of Moldova’s
accession to the Conventions on the Reduction of Statelessness and on the
Status of Stateless Persons will lead to further developments in the mechanism
and procedure for determining the status of stateless persons and will provide
for the establishment of an institutional framework for determining
statelessness. As regards the procedure for determining the status of
statelessness, the Republic of Moldova could consider entitling applicants to
legal employment pending the procedures, as in the case of asylum-seekers. In November 2011 the Government approved an Action Plan for further
horizontal legislative amendments with the aim of lifting all unnecessary
restrictions concerning compulsory HIV/AIDS tests for the registration of
foreigners. This was based on an assessment undertaken by a Working Group
established and tasked with screening all relevant legal acts in force which
included provisions on this matter. As a result, the Parliament adopted the
legislative amendments to Law no. 23/2007 ‘on prophylaxis of HIV/AIDS’, and the
Government approved and sent to the Parliament the draft law amending and
completing Law no 180/2008 on labour migration and Law no 200/2010 on the regime
of foreigners, with a view to facilitating the documentation process of
foreigners in the Republic of Moldova. Block 4 / topic 2 - Citizens’ rights
including protection of minorities ·
Adoption of comprehensive anti-discrimination
legislation, as recommended by UN and Council of Europe monitoring bodies, to
ensure effective protection against discrimination In addition to constitutional
anti-discrimination stipulations and provisions in criminal, civil and
administrative laws, in May 2012 the Parliament adopted a comprehensive law on
anti-discrimination: “The Law on Ensuring Equality”. The law aims to prevent
and fight against discrimination and to ensure equality in rights for all the
individuals on the territory of the Republic of Moldova in the areas of politics,
economics, social, culture, and other areas of life making no difference in
race, colour, nationality, ethnic origin, language, religion, belief, sex, age,
disability, opinion, political view, or based on any other similar criteria
These criteria were clarified at the highest political level[5]. As a result of prior public consultations
the law contains provisions which limit its applicability to the marriage
and adoption relationship governed by the legislation in force and to religious
cults and their component parts related to their religious beliefs.
Improvements were made to the rules regarding the work of the Council on
prevention and combating discrimination and ensuring equality: a body that will
act in terms of impartiality and full independence from the public authorities
based on a comprehensive mandate in the field. The equality body also has a
power of injunction and can impose sanctions following decisions on the
existence of a case of discrimination. According to Article 12 paragraph 1, point
k), and Article 15 paragraph 6, while examining a complaint regarding an
alleged discriminatory treatment or action the equality body finds that they
constitute an administrative offence, it can impose sanctions in accordance
with the provisions of the Contravention Code. Prohibition of
discrimination on the basis of sexual orientation in the field of employment creates the general framework in line with Directive 2000/43/EC of
29 June 2000 implementing the principle of equal treatment between persons
irrespective of racial or ethnic origin and Council Directive 2000/78/EC of 27
November 2000 establishing a general framework for equal treatment in respect
of employment. In the Human Rights Dialogue with the
Republic of Moldova that took place on 23 May 2012, the EU received
reassurances that the law is intended to cover all grounds for discrimination
in line with the international commitments of the Republic of Moldova. At the
same time, the Moldovan side committed to issuing guidelines on the implementation
of the law, which will be monitored by the EU within the existing dialogue
frameworks. While the Commission and the UN Office
in the Republic of Moldova have pointed out several shortcomings in the
various drafts of the anti-discrimination law, some of which are still
present in the final version, the law represents the necessary
legislative basis to implement the benchmarks in the anti-discrimination area.
It should be subsequently further improved with regard to definitions of direct
discrimination and of sexual harassment, provisions applicable to the private
sector with respect to goods and services, and further harmonisation with
the EU acquis in order to explicitly clarify important aspects such as
reasonable accommodation for disabled persons. ·
Adoption of a comprehensive National Human
Rights Action Plan; actively pursue in the respective National Human Rights
Action Plan the specific recommendations of UN bodies, OSCE/ODIHR, the Council
of Europe/ECRI and international human rights organisations notably in
implementing anti-discrimination policies, protecting minorities and private
life and ensuring the freedom of religion On 12 May 2011 Parliament endorsed a
comprehensive National Human Rights Action Plan which builds on specific
recommendations by UN bodies, the OSCE/ODIHR, the Council of Europe/ECRI and
international human rights organisations. It provides for measures in a large
number of areas, including implementing anti-discrimination policies and
protecting minorities and private life. The Government was tasked to publish an
annual consolidated Progress Report on the implementation of the Action Plan
and to submit it to Parliament by 1 April every year. The Progress Report is to
be debated in yearly conferences. The Action Plan was prepared in close
consultation with civil society and international organisations. In July 2010 an Action Plan in support of the Roma population for
2011-2015 was adopted after consultations with civil society and with
representatives of the Roma community. This was an important step demonstrating
the Government’s political will to pay special attention to improving the
situation of the Roma population. Subsequent discussions with international
organisations indicated that there was scope for further consolidation of the
Action Plan. The authorities indicated that a new chapter concerning the
introduction of Roma mediators would be added to it. In January 2012, the
Government amended the Action Plan taking into consideration recommendations
related to international standards notably on inclusion policies. It also
launched an exercise aimed to secure necessary budgetary funds for its
implementation on the basis of amending the Government’s Mid-Term Expenditure
Framework. The implementation has already started. The National Human Rights Action Plan
provides information on monitoring and assessment as well as resources to be
allocated for its implementation. However, most of the activities are to be
financed within the limits of general budgetary allocations, and only a few
have specific budgetary allocations. The authorities will review the costs of
activities each year, based on the priorities, financial possibilities, and the
assessment results. The National Human Rights Action Plan does
not include measures targeting freedom of thought, conscience and religion.
These aspects are to be covered in the “Law on freedom of conscience, thought
and religion” adopted on 27 December 2011, which is a revised version of the 'Law
on Religious Cults and their Component Parts' with a view to bringing domestic
law and practice into compliance with international law. The new law is
expected to create a more positive dynamic than that of previous years in
relations with minority religious cults. ·
Ratification of relevant UN and Council of
Europe instruments in the fight against discrimination The Republic of Moldova has committed to
consider issuing a declaration
under Article 14 of the Convention on the Elimination of All Forms of Racial
Discrimination (CERD) after the adoption of the “The
Law on Ensuring Equality”. In 2000, the Republic of
Moldova signed Protocol No. 12 to the 1950 European Convention on Human
Rights but it has still not ratified it. The Moldovan authorities have also expressed
willingness to consider the ratification of Protocol No. 12 after adoption of
the “The Law on Ensuring Equality”. Discussions within the Government about
lifting territorial reservations entered by the Republic of Moldova to the
human rights treaties are ongoing. ·
Specify conditions and circumstances for the
acquisition of citizenship of Republic of Moldova With reference to the conditions and
circumstances for acquisition of the citizenship of the Republic of Moldova, on
3 May 2011 the Government approved amendments to the Law on Citizenship no.
1024-XIV of 2 June 2000 and amended the Government Decision relating to the
rules on evidence of population in the Republic of Moldova. The Parliament
adopted the amendments on 9 June 2011. The amendments aimed to remove obstacles to the acquisition of citizenship by stateless
persons, who, under Article 12 (2) of the Law, meet the grounds for its
acquisition, but were sentenced to imprisonment for premeditated crimes and
have criminal records or were under criminal prosecution at the time of
examination of their applications. The Moldovan
Government continued to address the situation in Transnistria actively. In
April 2012, together with the "de facto authorities" in
Tiraspol, the Moldovan Government reactivated the bilateral working group on
civil status issues. At present, the national
registration authority is applying special measures to confirm citizenship and
provide access to national ID cards free of charge for
inhabitants from the Transnistrian region, in accordance with the amended Law
on Citizenship no. 1024-XIV of 2 June 2000 and Government Decision no. 959 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. According to the
latest information provided by the Moldovan authorities 229,489 persons
citizens of the Republic of Moldova residing in Transnistria have been issued
Moldovan passports, out of which 175,764 passports remain valid (i.e. have not
expired). During the first three months of 2012 the authorities in Chisinau had
issued 2,722 biometric passports to residents of Transnistria. The
Ministry of Information Technology and Communication in cooperation with the
Ministry of Justice and the Ministry of the Interior, has developed the 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). Particular attention
will be paid to ensuring effective implementation of the above mentioned legislative
framework in the second phase of the VLAP. III.
Conclusion Since the launching of the EU-Republic of
Moldova Visa Dialogue in June 2010 and the presentation to the Moldovan
authorities of the Action Plan on Visa Liberalisation (VLAP) in January 2011,
the Commission has been regularly reporting to the European Parliament and to
the Council on the progress made by the Republic of Moldova in taking the necessary
measures to fulfil the benchmarks identified under the four blocks of the first
phase of the VLAP. In particular, two Progress Reports on the
implementation of the VLAP have been presented (in September 2011 and in
February 2012)[6].
The Second Progress Reports has been prepared building upon the analysis of the
legislative framework, the findings of the evaluations missions under Blocks 2,
3 and 4 organised in October and November 2011, with the participation of
Member States’ experts, and the progress reports presented by the Republic of
Moldova on the implementation of the VLAP. Over and above this intense reporting
process related to VLAP, the Commission has also continued to monitor the
progress made by the Republic of Moldova in relevant areas of the VLAP in the
framework of (1) the EU-Republic of Moldova Joint Visa
Facilitation Committee;
(2) the EU-Republic of Moldova Joint Readmission Committee;
(3) the EU-Republic of Moldova Joint Sub-Committee n°3[7];
(4) the EU-Republic of Moldova Mobility Partnership. In each of these committees and frameworks
the state of dialogue and cooperation between the EU and Republic of Moldova is
advanced. During the most recent Visa Facilitation and Readmission Joint
Committees that took place in Chisinau on 23 May 2012
(with the participation of EU Member States), the Commission registered an
overall satisfactory implementation of both
agreements. The EU-Republic of Moldova Visa Dialogue
has proved to be an important tool for advancing reforms, not only in the
Justice and Home Affairs area, but also beyond. The progress made by the
Republic of Moldova under the various areas covered by the four blocks of the
VLAP has been constant and effective in the last two years, showing the
important commitment and the efforts put by the Moldovan authorities in making
the implementation of the VLAP a priority in its legislative and administrative
agenda. The legislative measures requested by the VLAP
under the first phase have been eventually adopted. Their assessment, carried
out by the Commission services, the European External Action Service (EEAS), as
well as by the Member States’ experts, shows that they are in line with the
benchmarks identified in the four blocks of the VLAP. That being said, the Commission will continue
to coordinate the monitoring of the legislative and policy framework in the
subsequent steps of the dialogue with a view to assessing whether the necessary
implementing regulations, under the four blocks of the Action Plan, are
effectively adopted and implemented. Moreover, the Commission will pay
particular attention to the fact that appropriate and necessary financial and
human resources will be allocated by the Republic of Moldova for the
implementation of the mentioned legislative acts and their implementing
regulations. Building upon the outcome of the continuous
monitoring and assessments mentioned above, the Commission considers that the
Republic of Moldova has eventually met all benchmarks of the first phase of the
VLAP and that the assessment of the benchmarks under the second phase of the VLAP
can therefore be launched. [1] Council document18078/10. [2] SEC (2011) 1075 final. [3] SWD (2012)12 final. [4] http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/Progress%20reports%202y/MONEYVAL(2011)6_ProgRep2_MLD_en.pdf [5] See inter alia the statement
by Mr Vlad Filat, Prime Minister of the Republic of Moldova, issued on 8 June
2012. [6] (SEC(2011) 1075 final), (SWD(2012) 12 final). [7] Sub-Committee N° 3: Customs, cross-border
cooperation, money laundering, drugs, illegal migration.