Report from the Commission to the Council exemption of romanian citizens from visa requirement
Date: 2001-06-29
Institutions: European Commission
Subjects: EU visa policy, Romania, admission of aliens, frontier migration, repatriation grant

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.06.2001
COM(2001) 361 final

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On  15  March  2001  the  Council  adopted  a  Regulation  listing  the  third  countries  whose
nationals must be in possession of visas when crossing the external borders and those whose
nationals  are  exempt  from  that  requirement  (Council  Regulation  (EC)  No  539/2001  of  15
March 2001, OJ L 81, 21.3 2001, p. 1). According to Article 8(2) of the Regulation, Romania
is  on  the  list  of  countries  whose  nationals  are  exempted  from  the  visa  obligation.  However
this exemption will not enter into force until the Council has decided so at a later stage on the
basis of a report from the Commission.

The Council has invited the Commission to submit not later than 30 June 2001 such a report,
indicating what commitments Romania is prepared to take on illegal immigration and illegal
residence  including  the  repatriation  of  persons  from  Romania  who  are  illegally  resident  in
Member  States  of  the  European  Union.  The  report  should  be  accompanied  by  any  useful
recommendations.

In order to reach a position on the commitments of the Romanian government at the earliest
possible  date,  a  first  report  was  requested  by  the  Council  from  the  Commission  before  30
January 2001. The Commission submitted this to the Council in the form of a Communication
(COM(2001)61 final). It was based most notably on information produced by the Romanian
authorities  on  15  January  2001  in  response  to  a  request  made  by  the  Commission  on  18
December 2000.

The Romanian government has submitted a contribution to the Commission on 7 May 2001 in
which it identified the key objectives of a strategy to address the various shortcomings (legal,
administrative and practical) that had been pointed out as being relevant in the context of visa
exemption.  The  contribution  included  a  “Visa  Action  Plan”  with  the  view  to  providing
Romania  with  a  road  map  for  the  implementation  of  the  various  actions  which  had  been
identified as necessary to reach the objectives set out in the strategy. The Commission keeps
all the documentation received from Romania available to Member States.

The  purpose  of  the  present  report  from  the  Commission  is  to  give  an  account  of  the
achievements Romania has reached so far and of the commitments it has taken. The value of
the achievements and the reliability of the commitments will be assessed, bearing in mind that
the key point is relevance of specifically identified actions with respect to visa exemption for
Romanian  citizens  when  entering  the  EU  Member  States.  This  should  avoid  any  confusion
with the coverage and purpose of screening procedures, evaluation missions and action plans
that  are  relevant  for  Romania  as  a  candidate  country  in  the  pre-accession  context.  The
conclusion  of  this  assessment  will  include  the  recommendations  the  Council  has  asked  the
Commission to present.

In  Article  8(2)  of  Regulation  (EC)  No  539/2001,  the  key  elements  for  a  visa  waiver  are
clearly indicated. A positive decision for Romania  depends  mainly on the undertakings it is
prepared  to  enter  into  on  illegal  immigration  and  repatriation  from  the  Member  States  of
illegal residents coming from Romania.

2

The  present  report  will  deal  with  these  key  elements.  As  far  as  illegal  immigration  is
concerned  a  distinction  needs  to  be  made  between  measures  aimed  to  prevent  illegal
immigration  from  third  country  citizens  transiting  trough  Romania  and  measures  aimed  at
curbing down illegal immigration of Romanian nationals to the Member States.

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Two  Emergency  Ordinances  (i.e.  Government  decisions  having  the  force  of  law),
one on the Romanian State Border and the other on the Border Police, are in a final
stage of approval. The former contains general provisions on the regime of the state
borders and aims at harmonising Romanian legislation in the field of border control
to  similar  legislation  in  the  Member  States.  The  ordinance  on  the  Border  Police
provides  for  a  new  organisational  structure  and  contains  provisions  on  the
competencies  of  border  policemen  and  the  framework  for  co-operation  with  other
institutions.

Romania  has  a  series  of  bilateral  agreements  with  neighbouring  countries  on  co-
operation  and  mutual  assistance  between  border  authorities,  also  covering  the  fight
against  organised  crime,  corruption,  illegal  drug  trafficking  and  trafficking  in
persons1.

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The  main  institution  responsible  for  the  management  of  the  borders  is  the  Border
Police,  a  structure  subordinated  to  the  Ministry  of  Interior.  The  total  staff  of  the
Border  Police  is  currently  23,000,  both  professionals  and  conscripts.  An  ongoing
reform process for the period 2000 - 2004 aims at reorganising and modernising the
Romanian Border Police. This reform consists of several elements:

a)

b)

Simplification of the hierarchical structure (one regional level of command has
already  been  abolished  and  the  number  of  Regional  Directorates  has  been
decreased  to  one  for  each  land  border  and  one  for  the  Black  Sea)  and
reallocation  of  personnel  (20  %  of  the  personnel  at  central  command  levels
have been transferred to operational tasks and another 10 % will be transferred
in a near future);

‘Professionalisation’  of  the  police,  i.e.  the  progressive  replacement  of
conscripts  with  professional  staff,  which  started  in  March  2000  and  will  be
completed by the end of 2002. A number of 2,151 people hired on a contractual
basis will be deployed for guard and surveillance activities at the green border.
Of these, 740 have already been posted at the Eastern and Northern border;

1

From 1990 to date, Romania has concluded 9 co-operation agreements with Ukraine, 4 with Moldova, 8
with  Bulgaria  and  8  with  Hungary.  In  addition,  negotiations  are  ongoing  to  update  and  develop  the
previous  agreements  with  all  the  above-mentioned  countries,  as  well  as  with  the  Federal  Republic  of
Yugoslavia.

3

                                                
c)

New  methodologies  for  training  Border  Police  personnel.  For  this  purpose,
three  regional  training  centres  have  been  set  up2,  by  reconverting  conscripts
instruction  centres  into  training  institutes  for  professional  border  policemen.
Furthermore, a twinning project with Spain financed by Phare, which started to
be implemented in April 2001, will provide assistance with development  of a
modern training strategy and reform of the programmes of the training centres
for different categories of the border police staff.

Several measures have been taken to fight corruption. Following the entry into force
of the new law on fighting corruption (May 2000), a specialised service, the General
Internal Protection Directorate, has been set up within the Ministry of Interior. This
new structure is one of the results of a recently developed anti-corruption strategy for
the  Ministry  of  Interior  and  its  subordinated  bodies.  One  of  the  tasks  of  this  new
structure  is  to  carry  out  preventive  and  ad  hoc  inspections  in  all  Border  Police
structures. Since January 2001, this service - whose staff is selected on the basis of
professional  probity  -  carries  out  controls  primarily  at  management  and  general
inspectorate  level.  In  special  cases,  controls  and  inspections  can  be  made  also  at
lower  levels.  Suspected  persons  are  immediately  suspended  and  brought  before
courts.  Another  measure  envisaged  is  the  introduction  of  incentives  based  on  good
professional performance. From 1 January 2001 to 15 March 2001, 68 officials in the
Border Police have been punished for failure to fulfil their duties properly, corruption
or violation of working provisions.

As  regards  infrastructures,  the  Romanian  Border  Police  have  benefited  from  an
increasing  financial  support  both  from  the  Government  budget  and  from  EU
programmes. Priority has been given to the Northeast border to Moldova and South
Ukraine  for  provision  of  patrol  vehicles,  patrol  boats,  all-weather  uniforms,  body
armour,  night  surveillance  and  communications  equipment.  Six  border  crossing
points (Giurgiu, Petea, Albita, Bors, Nadlac, all located on main European transport
corridors, as well as the main international airport Otopeni) are equipped with video
spectral devices for detecting forgeries in travel documents.

To  make  controls  of  travel  documents  and  visas  more  effective,  a  co-operation
protocol has been signed on 23.05.2001 between the General Inspectorate of Border
Police  and  the  national  airline  (TAROM).  It  provides  for  special  training
programmes offered by the Border Police for the airline staff on the detection of false
or  forged  documents.  This  Protocol  covers  TAROM  staff  operating  at  Amman,
Damascus, Istanbul, Cairo and Tripoli airports. The agents of the company check the
validity of passengers travel documents at  the  embarkment in the plane,  preventing
the entry in Romania of persons with false or forged documents.

There  is  also  regular  exchange  of  data  with  German  and  French  liaison  officers  in
Romania on the criminal networks trafficking blank passports and visas stolen from
Schengen countries.

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Romania’s  borders  have  a  total  length  of  3,146.7  kilometres,  of  which  1,074.5  km
are  land  borders,  941.6  km  river  borders,  883.2  km  fluvial  borders  and  147.4  km

2

The three centres are located in Carei, Giurgiu and Sighet.

4

                                                
maritime borders. There are 10 international airports. The main international airport
is the Otopeni Bucharest Airport.

Romania is a transit country for illegal immigration towards EU Member States.  In
the  period  1998-2000,  10,524  foreign  citizens  were  forbidden  to  exit  Romania.  Of
these,  2,333  had  as  their  destination  EU  Member  States.  Most  of  them  were  from
Afghanistan,  Iraq,  Iran,  Pakistan,  Turkey  and  China.  The  reasons  for  preventing
onward  travel  were  irregularities  in  travel  documents,  non-observance  of  the  legal
norms  concerning  the  customs  regime,  the  use  of  false  or  forged  passports  and  of
false  or  forged  visas.  In  the  first  three  months  of  2001,  4,009  foreigners  were
prohibited to exit (as compared to 3,145 in the first quarter of 2000).

As  regards  entry,  since  1998  around  40,000  foreigners  per  year  have  been  denied
entry in Romania. It is estimated that another 40,000 cross the border illegally with
the  purpose  of  ultimately  reaching  the  EU.  In  the  first  quarter  of  2001,  16,715
foreigners were prohibited to enter Romania, as compared to 10,900 in the first three
months of 2000. The most common entry point is the border with Moldova.

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The  draft  emergency  ordinances  on  the  Romanian  State  Borders  and  on  the
organisation and functioning of the Romanian Border Police are due to be adopted by
the government at the latest by 30 June 2001. By the same deadline the government
will  adopt  methodological  norms  for  the  application  of  the  afore-mentioned
legislation.

Co-operation  agreements  on  border  management  with  EU  Member  States  will  be
discussed  (in  a  first  phase:  with  Austria,  France  and  Germany).  Negotiations  for
improving existing agreements with neighbouring countries are ongoing.

As far as the reform of the Border Police is concerned, 3,063 sergeants have already
been  contracted  to  replace  conscripts  and  a  full  professionalisation  is  due  to  be
completed  by  the  end  of  2002.  The  exchange  process  will  continue  with  the
replacement  of  1,657  conscripts  by  663  contracted  sergeants  by  30  June  2001  and
1,686 conscripts by 674 sergeants by 30 October 2001. In 2002, 5,000 conscripts will
be replaced by 2,000 sergeants. In total, 16,000 conscripts will be replaced by 6,400
sergeants.

By  30  June  2001  a  further  10  %  of  the  administrative  staff  of  the  General
Inspectorate of the Border Police is to be transferred to operative work.

On  the  basis  of  the  Ministry  of  Interior  Programme  for  preventing  and  fighting
corruption, the General Inspectorate of the Border Police is expected to adopt its own
plan of a permanent character for combating corruption by 30 June 2001. Before the
end of 2001 a permanently opened telephone "green line" will be established at the
General  Inspectorate  of  the  Border  Police,  where  messages  of  persons  having
problems when crossing the borders will be taken.

A review of the entire training strategy of the Border Police is due to be presented by
30 June 2001.

A strategy for integrated border management will be worked out in co-operation with
other bodies with competence at the borders. A pilot project is at present carried out

5

and  the  strategy  will  be  further  developed  with  the  support  of  a  Phare-funded
twinning project which will be implemented in the period October 2001 - November
2002.

Additional  financial  resources  will  be  constantly  provided  by  the  Romanian
authorities in the current and following years in order to improve and modernise the
equipment of the border police.

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The  list  of  countries  whose  citizens  need  a  visa  to  enter  Romania  contains  156
countries,  while  nationals  of  35  countries,  including  the  EU  Member  States,  are
exempted from the visa requirement. Under Romanian legislation, particularly strict
conditions  for  obtaining  visas  are  applicable  to  citizens  of  86  countries  with  high
migration  tendencies.  These  conditions  and  criteria  are  specified  both  in  the
‘methodological  norms’  implementing  the  new  Aliens  Law  n°  123/2001  (LQIUD,  §
1.4.1)  and  in  common  instructions,  agreed  by  the  Ministry  of  Foreign  Affairs,  the
Ministry  of  Interior  and  the  Ministry  of  Labour  on  30  April  2001.  For  75  of  these
countries,  applicants  for  Romanian  visas  need  to  have  a  certified  invitation  and(cid:3) a
bank  guarantee  at  the  disposal  of  Romanian  authorities  to  be  used  in  case  of
repatriation.  Citizens 
from  Armenia,  Azerbaijan,  Belarus,  Cuba,  Georgia,
Kazakhstan,  Kyrgystan,  Mongolia,  Turkmenistan,  Tajikistan  and  Uzbekistan  are
obliged to have a certified invitation but do not need a bank guarantee.

Since April 1998, the  obligation to have  an airport transit visa has  been  introduced
for  citizens  from  Afghanistan,  Ethiopia,  India,  Ghana,  Iran,  Iraq,  Nigeria,  Somalia,
Sri Lanka, Democratic Republic of Congo, Pakistan and Bangladesh.

Seven countries which are on the EU list of countries whose nationals need a visa3 –
Russia,  Ukraine,  Moldova,  Bosnia-Herzegovina,  Federal  Republic  of  Yugoslavia,
FYROM  and  Turkey  -  are  currently  on  the  Romanian  list  of  countries  whose
nationals do not need a visa for entering Romania. Moldovan citizens may now enter
Romania with a simple identity card. From 1st July 2001 they will be obliged to have
a passport to enter Romania.

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Since  January  2001,  visas  can  as  a  main  rule  be  obtained  only  from  Romanian
diplomatic  missions  and  consular  offices  abroad.  Visas  can  be  obtained  at  border
posts only in exceptional cases.

Romanian diplomatic missions and consular  offices  issue visas only to  nationals of
the accrediting country and after consulting the list of persons who are forbidden to
enter  Romania.  This  list  is  available  at  the  Ministry  of  Foreign  Affairs  and  the
Ministry of Interior as well as at border posts.

All  visa  applications  are  sent  from  the  diplomatic  or  consular  missions  to  the
National Visa Centre recently set up within the Consular Relations Directorate of the

3

See Annex I of Council Regulation (EC) n° 539/2001.

6

                                                
Ministry of Foreign Affairs, which takes the  final decision on the issuing of a visa.
The applications from nationals of countries with high migration tendencies are also
sent,  for  a  further  check,  to  the  Directorate  for  Aliens  and  Migration  Issues  of  the
Ministry of Interior.

A  project  concerning  a  computerised  system  for  on-line  processing  of  visa
applications,  partially  financed  under  the  Phare  2000  border  programme,  has  been
designed.  It  will  connect  the  central  authorities  responsible  for  issuing  visas  (the
Ministry  of  Foreign  Affairs  and  the  Ministry  of  Interior)  with  diplomatic  and
consular missions as well as border posts. The project will cover, in an initial phase,
4  diplomatic  missions  and  consular  missions  in  EU  countries  (Austria,  Germany,
Italy  and  the  Netherlands)  and  6  missions  in  countries  with  high  migratory
tendencies (Pakistan, China, Jordan, Iraq, India and Ukraine).

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The  obligation  to  have  a  passport  when  entering  Romania  will  become  operational
for nationals of the Republic of Moldova starting from 1st July 2001.

The  introduction  of  the  visa  requirement  for  nationals  of  Bosnia-Herzegovina,
Federal  Republic  of  Yugoslavia,  FYROM  and  Turkey  will  be  considered  by  the
Romanian  authorities  in  connection  with  the  development  of  the  relations  between
the  EU  and  those  countries,  and  if  appropriate,  Romania  will  introduce  a  visa
requirement.

The Romanian authorities intend to conclude the negotiations both with the Russian
Federation and Ukraine of agreements to introduce compulsory visa regimes for the
nationals of both  these  states  before  the  end  of  2001.  In  case  a  bilateral  agreement
cannot  be  reached  within  this  time-limit,  Romania  will  introduce  the  visa
requirement unilaterally.

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On  19  April  2001,  the  Romanian  Government  adopted  Decision  Nr.  460  on  the
introduction  of  a  new  type  of  passport,  which  has  more  security  features  than  the
present  passports.  This  Decision  lays  down  the  legal  framework  for  producing  the
new model of Romanian passport. According to it, the Secretariat of the Government
is  in  charge  of  this  task  through  the  "Administration  of  State  Protocol  Patrimony".
This  Government  owned  agency  has  already  launched  on  30  May  2001  the
international  tendering  procedure  foreseen  by  the  Government  Decision  in  order  to
select a single supplier that will ensure:

–  Manufacturing  and  delivery  of  a  first  batch  of  1,000,000  regular  blank

passports of the new Romanian model;

– 

– 

Delivery of equipment necessary for the issuing and optical reading of the new
type of passport;

Delivery of printing equipment, technologies, raw materials and other material
necessary  for  the  manufacture  of  the  new  type  of  passport  in  Romania  when
the first batch of 1,000,000 blank documents will be used up.

7

Approximately 4,000,000 Romanian tourist passports are currently in circulation and
the passports have a validity time of five years. Passports are individual, but children
under  14  years  old  are  usually  registered  in  the  passport  of  their  parents.  The
replacement  of  the  old  passports  with  the  new  model  is  expected  to  start  in  the
second  half  of  2001.  According  to  the  Government  Decision  mentioned  above,  the
new  model  of  Romanian  passport  will  be  issued  after  the  existing  stock,  which  is
quite  small,  has  been  used  up  (the  amount  of  old  type  remaining  blank  documents
represents  the  running  stock  for  about  2  months  issuance).  Old  passports  will  be
gradually  withdrawn  and  replaced  by  new  ones.  The  Government  Decision  also
provides that the validity of old model passports shall not be extended after the new
model has started being issued. A fee has to be paid when a passport is being issued.
The total cost to be paid is about USD 15.50.

It  may  also  be  relevant  to  mention  that  the  Romanian  authorities  intend  to  use  the
security features of the new type of passport for issuing travel documents to refugees
on the basis of the Geneva Convention and travel documents to stateless persons on
the basis of the New York Convention. According to available figures, the number of
holders of these categories of travel documents could hardly exceed 2,000 people.

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At  present,  passports  are  issued  via  a  decentralised  computerised  system  at  county
level  (41  centres).  The  central  authority  responsible  for  issuing  passports  is  the
Passport  Directorate  of  the  Ministry  of  Interior.  Diplomatic  missions  and  consular
offices are only allowed to issue “consular passports” to Romanian citizens that, due
to the loss, theft or expiry of their passport, have an immediate need for a valid travel
document.  This  kind  of  passport  is  issued  after  checking  that  the  applicant  is  a
Romanian citizen, and is only valid for going back to Romania. It does not allow the
holder  to  leave  Romania  or  to  travel  abroad.  In  case  the  passport  of  a  Romanian
citizen, travelling abroad, is stolen or lost, that person must report to the Romanian
consular office or diplomatic mission in the country where he stays.

The  fees  collected  for  issued  passports  are  checked  against  the  number  of  issued
passports. This procedure ensures at central level a double check of blank documents
used by local agencies for issuing purposes Moreover, the Programme for preventing
and combating corruption within the Ministry of Interior is applicable also within the
Passport Directorate.

Blank passports are stored in the Passport Directorate headquarters, from where they
are  sent  to  the  county  offices  via  the  internal  mailing  system  of  the  Ministry  of
Interior.  Blank  passports  are  recorded  in  a  database,  classified  by  series.  This
database also contains the reference of all issued passports in validity, as well as an
alert  pointing  out  lost  or  stolen  passports.  This  database  is  available  online  to  the
General Inspectorate of Border Police and to the Ministry of Foreign Affairs. There
is also a local database in every county where passports are issued.

Romanian visa stickers are manufactured on the basis of high security standards (i.e.,
special  ink  and  laser  components)  and  special  security  measures  have  been  taken
concerning their storage. A new type of visa stickers, which fulfils EU-requirements,
will be introduced in 2002.

8

Romanian  citizens  are  provided  with  identity  cards.  Although  this  document  is  not
recognised  for  travelling  abroad,  it  may  be  useful  in  certain  circumstances  for  the
national authorities of EU Member States. An example of one such situation could be
the verification of the citizenship of Romanians with a view to possible repatriation
when found illegally residing on the territory of Member States. Romanian identity
cards  are  issued  by  the  Person  Data  Recording  County  Offices,  on  the  basis  of  an
application  form  and  of  official  documents  (e.g.,  birth  certificates),  proving  their
name, marital status, Romanian citizenship, domicile and if appropriate the military
status of the applicant. There are no blank Romanian identity cards, due to the  fact
that  they  are  made  with  a  computerised  technique,  using  as  raw  material  a  special
pliant  paper,  and  plastic  thin  paper  for  lamination.  Provisional  identity  cards  also
exist and can be issued for 1, 3 or 6 months or maximum 1 year; they are typed in
special printing units, on water-marked paper, using security elements, by series, and
their record is kept both on series and issuing units.

In  case  of  theft  or  loss,  the  holder  of  a  Romanian  passport  or  identity  card  must
report to the nearest police station. In case of passports, the information is published
in  the  Official  Journal.  In  case  of  loss  of  identity  card,  the  holder  is  fined  before
being issued a new one.

(cid:20)(cid:17)(cid:22)(cid:17)(cid:22)(cid:17)(cid:3) &RPPLWPHQWV

In the second half of 2001 the exchange of the present type of passports with a new
type with additional security features will start.

A new type of visa sticker which fulfils EU requirements will be introduced in 2002.

(cid:20)(cid:17)(cid:23)(cid:17)(cid:3)

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A new Aliens Law (n°123/2001) entered into force on 3 May 2001, establishing the
conditions for entry and stay in Romania as well as the regime of expulsions. On 9
May  2001,  the  Government  adopted  the  ‘methodological  norms’  to  implement  the
above-mentioned  law.  These  norms  contain  detailed  provisions  specifying  the
procedures  for  applying  the  law  as  regards  checking  of  documents,  issuing  visas,
granting residence right and expelling aliens.

Illegal  entry  and  stay  in  Romania  is  considered  an  offence.  The  expulsion  of
foreigners  not  complying  with  the  conditions  for  entry  and  stay  (i.e.,  illegal  entry,
expiry of the visa and existence of indications that the person in question is a threat
for  national  security,  public  health,  public  order,  human  rights  and  freedoms)  is
ordered  by  the  Ministry  of  Interior  and  carried  out  by  its  territorial  bodies.  An
expulsion  visa  is  applied  on  the  illegal  alien’s  travel  documents.  In  addition,  the
travel document will have a special stamp banning the alien from entering Romania
for a period of 6 months to 5 years. In case the alien is declared a threat for national
security, public order, public health, human rights and freedoms, the Ministry has the
possibility  of  declaring  the  foreigner  ‘undesirable’  for  a  determined  period.
Expulsion can also be decided in cases where the foreigner has committed a crime. In
such  cases  the  expulsion  is  decided  by  a  court,  and  it  is  specified  that  it  does  not
apply towards those countries where the life of the foreigner can be in danger. Until

9

the expulsion becomes effective, illegal immigrants and rejected asylum seekers may
be kept in closed accommodation centres.

The new legislation also increases the sanctions to carriers  responsible for bringing
to  Romania  aliens  not  fulfilling  the  conditions  concerning  the  possession  of  travel
documents and visas.  At the  same time,  carriers are compelled to support the  costs
for taking the alien back to the embarkment place or to another place where the alien
agrees  to  and  is  accepted.  They  also  have  to  financially  support  the  alien’s
accommodation  and  other  eventual  costs(cid:17)(cid:3) Romania  has  signed  the  Chicago
Convention  on  air  transport  which  provides  for  carrier's  liability  in  the  case  of
undocumented passengers.

Recently  adopted  legislation  has  also  tightened  the  conditions  for  obtaining  work
permits in Romania(cid:17) A necessary pre-condition is the possession of a work visa (i.e.,
persons  having  a  student  visa  are  therefore  no  longer  allowed  to  obtain  a  work
permit).

Concerning asylum-seekers and  refugees, amendments made in August 2000 to  the
Refugee Law of 1996 introduced new concepts in Romanian legislation on asylum in
order  to  align  it  with  the  EU  acquis,  such  as  ‘manifestly  unfounded  applications’,
‘safe  third  country’,  ‘country  of  origin’,  ‘accelerated  procedures’.  The  ‘non-
refoulement’  is  in  principle  guaranteed  and  the  standards  of  assistance  provided  to
asylum  seekers  have  generally  improved.  The  body  responsible  for  dealing  with
asylum  applications  is  the  National  Office  for  Refugees,  whose  decisions  can  be
appealed  against  before  a  court  of  law.  For  the  time  being,  the  legal  provisions
concerning  asylum  seekers  and  refugees  are  already  in  force  on  the  basis  of  an
Ordinance.  The  legal  procedures  for  a  final  approval  by  the  Parliament  are  still
pending.

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A  task  force  for  combating  illegal  trafficking  in  human  beings  has  been  set  up  in
2000 in the framework of the Regional  Centre for Combating Trans-Border  Crime.
Romania is also a signatory of the UN Convention against Trans-National Organised
Crime and its Protocols.

On  12  December  2000,  the  President  of  Romania  approved  a  memorandum
concerning  “The  preparation  and  the  start  of  negotiations  for  concluding  a  co-
operation agreement between Romania and Europol”. It establishes the mandate for
negotiation, as well as the criteria to fill in the questionnaire sent by Europol to the
candidate countries, in order to start co-operation. Once the agreement is concluded,
Romania intends to start an exchange of liaison officers with Europol.

On  15  February  2001,  the  General  Inspectorate  of  Border  Police  and  the  National
Refugee  Office  concluded  a  Protocol  on  joint  controls  of  passengers  at  flight  dis-
embarkment,  providing  for  a  thorough  control  of  those  persons  coming  from
destinations  with  “high  migration  potential”.  Illegal  travellers  are  immediately  re-
embarked  and  returned  to  the  state  they  come  from,  while  persons  applying  for
refugee status will receive support from the National Office for Refugees. It has to be
pointed out here that representatives of the UNHCR in Romania and NGO's dealing
with  asylum  seekers  and  refugees  express  increasing  concern  at  the  strengthened

10

border controls and speedy non admission procedures they regard as likely to affect
the right of asylum.

Following  the  new  legislation,  measures  have  been  developed  to  ensure  minimum
standards of reception for all asylum seekers during the whole procedure. As far as
recognised  refugees  are  concerned,  they  have  a  right  to  nine  months  of  public
financial  support.  Additional  support  is  provided  for  particular  categories  of
refugees,  such  as  unaccompanied  minors,  elderly  people,  and  single  women  with
children.  Refugees  basically  enjoy  the  same  rights  as  Romanian  citizens  including
the  right to work.  A  national programme, run  jointly  with the  UNHCR  and  NGOs,
aims  at  facilitating  the  social  integration  of  recognised  refugees,  by  providing
language  courses,  vocational  training  and  social  counselling.  The  Romanian
authorities are committed to further improve their co-operation with NGOs, both in
providing advice to asylum seekers on their rights and obligations and in continuing
to  provide  public  financial  support  to  applicants  pending  the  examination  of  their
case.

The  National  Office  for  Refugees  has  a  modern  accommodation  centre  for  asylum
seekers  located  in  Bucharest  with  a  capacity  of  250  places.  A  new  additional
accommodation  centre  (with  500  places)  will  be  set  up  in  Bucharest  by  the  end  of
2001  specifically  for  unaccompanied  minors,  single  women  and  women  with
children. It is also envisaged to set up two other reception centres in the eastern and
western parts of Romania.

(cid:20)(cid:17)(cid:23)(cid:17)(cid:22)(cid:17)(cid:3)

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In 1998 2,830  foreigners have been expelled for not complying with the conditions
of  entry  and  stay  in  Romania.  This  number  increased  in  1999  to  3,431  aliens,  but
then  decreased  to  2,498  in  2000.  The  number  of  aliens  expelled  in  the  period
January-May 2001 is 465, which might indicate a further decrease in the number of
expulsions for the whole year 2001.

Statistics  on  aliens  who  have  been  denied  entry  into  and  exit  from  the  Romanian
territory are provided, VXSUD(cid:15) § 1.1.3.

According to the Romanian authorities, the number of people applying for asylum in
Romania has decreased from 1,667 in 1999 to 1,366 in 2000. However, 706 asylum
seekers  applied  during  the  period  January-May  2001,  which  might  indicate  an
upward  trend  for  the  year  2001.  Asylum  seekers  in  Romania  come  mainly  from
Afghanistan,  Bangladesh,  India,  Iran,  Iraq  and  Pakistan.  Most  of  the  applicants
(95%)  apply  for  asylum  as  soon  as  they  enter  the  country.  Only  few  requests  are
received at Otopeni Airport or by foreigners after they have been caught for entering
illegally.

(cid:20)(cid:17)(cid:23)(cid:17)(cid:23)(cid:17)(cid:3) &RPPLWPHQW

A  Government  Decision  on  refugee  integration  will  be  adopted  and  subsequently
enforced before the end of 2001.

11

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Romanians caught while illegally trying to  emigrate  towards EU Member States or
returned on the basis of readmission agreements can be punished with the suspension
of  the  right  to  use  their  passport  for  a  period  of  3  to  12  months  according  to  the
Government  Order  n°  65/1997  as  modified  by  Law  n°216/1998.  An  appeal  is
possible within 30 days to a higher authority and later to an administrative court. The
General Directorate of Border Police decides on temporary suspension of Romanian
passports.  This  measure  is  automatically  used  in  case  of  repatriation  of  Romanian
citizens  expelled  from  a  foreign  country.  The  same  applies  to  Romanians  who
commit offences or other law breaches abroad, if Romanian authorities are informed
of it.  There  is  a  black list of Romanian  citizens  who  are  not  allowed  to  leave  their
country for judicial reasons. Entering or exiting the country by fraudulently crossings
of  the  border  is  considered  as  an  infringement  and  punishable  with  3  months  -  2
years  imprisonment.  The  penalties  are  the  same  for  both  Romanian  and  foreign
nationals. A person who recruits, directs and guides another person in order to cross
the border illegally and the person who organises such activities can be punished by
1 to 5 years imprisonment.

Moreover, the border police is in any case empowered to check whether Romanian
citizens  leaving  their  country  are  in  possession  of  the  visa,  the  residence  permit,
health  insurance  and  the  financial  means  required  by  the  country  of  destination.
According  to  the  assessment  of  the  migratory  risk  made  by  Romanian  border
authorities,  the  persons  concerned  who  are  stopped  because  they  do  not  fulfil  the
conditions  for  entry  fixed  by  the  country  of  destination  may  have  their  passport
temporarily withdrawn.

(cid:21)(cid:17)(cid:20)(cid:17)(cid:21)(cid:17)(cid:3)

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Romanian  authorities  have  taken  measures  to  strengthen  the  control  of  travel
documents  for  persons  travelling  to  EU  Member  States,  such  as  providing  for
additional checks at airport border control points and organising specialised training
courses for  staff in charge of checking travel documents  and  fighting cross-  border
crime (VXSUD, § 1.1.2).

According  to  the  readmission  agreements  in  force  (Annex  I)  Romanian  authorities
accept  repatriation  of  their  nationals  who  are  found  to  be  illegally  resident  in  EU
Member  States,  whenever  it  is  proven  or  it  could  be  presumed  that  they  are
Romanian  nationals.  This  presumption  can  be  based  on  driving  licences,  work
permits  issued  by  Romanian  authorities  or  witnesses  statements,  provided  that  the
person speaks the Romanian language.  In case of doubt, the identity of the  persons
can  be  verified  in  the  database  of  the  Passports  Directorate  of  the  Ministry  of
Interior.

12

(cid:21)(cid:17)(cid:20)(cid:17)(cid:22)(cid:17)(cid:3)

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From  1998  to  February  2001,  the  right  to  use  a  Romanian  passport  has  been
suspended for 59,602 Romanians, returned on the basis of readmission agreements.

Furthermore, between 1998 and 2000, 27,409 Romanians citizens were forbidden to
exit Romania. These included different categories of persons: persons listed as being
under  criminal  investigation,  or  on  trial  or  wanted  for  other  offences,  people  using
false passports, hidden in means of transport or carrying irregular documents.

According  to  Romanian  sources,  the  number  of  Romanian  nationals  repatriated  to
Romania was 19,714 in 1998 (10,747 from Member States), 23,036 in 1999 (10,312
from Member States) and 21,411 in 2000 (9,003 from Member States).

(cid:21)(cid:17)(cid:20)(cid:17)(cid:23)(cid:17)(cid:3) &RPPLWPHQWV

In  order  to  combat  illegal  immigration  of  Romanian  nationals  to  EU  countries,  the
Romanian  authorities  intend  to  increase  the  penalties  (e.g.,  extending  the  period  of
suspension of the passport) to be inflicted to nationals illegally emigrating to the EU
Member  States  and  returned  on  the  basis  of  readmission  agreements.  The  fight
against illegal Romanian emigration is also one of the reasons for the introduction of
the new type of passport meeting EU standards.

The  Romanian  Government  is  committed  to  strengthen  controls  on  potentially
migration-related  activities,  such  as  international  organised  tourism,  child  adoption
organisations  as  well  as  ambiguous  entrepreneurial  activities  (e.g.,  ‘artistic
impresarios’).  Investigations  will  also  include  media  advertisements  on  visa  and
similar  facilities,  with  the  purpose  to  reveal  the  activities  of  criminal  organisations
involved in smuggling and trafficking in human beings.

(cid:21)(cid:17)(cid:21)(cid:17)(cid:3)

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Only persons having Romanian citizenship may be holders of a Romanian passport.

Aliens may apply for Romanian citizenship under specific conditions that have been
recently strengthened. The minimal period of stay in the country and waiting period
before  aliens  may  request  the  citizenship  has  been  increased  from  respectively  -
according  to  the  marital  status-  5  and  3  years,  up  to  7  and  5  years.  Some  other
requirements as sufficient knowledge in Romanian language, Romanian culture and
civilisation,  and  also  knowledge  of  the  Romanian  Constitution  have  been  added  in
order to ensure social integration.

Law  Nr  21/91  on  citizenship  provides  for  special  cases  in  which  it  is  possible,  for
former Romanian citizens, to re-acquire Romanian citizenship. Law No 150 adopted
on  15  July  1998  on  providing  support  to  Romanian  communities  abroad  does  not
grant  privileges  such  as  the  right  to  acquire  a  Romanian  passport  for  former
Romanian citizens living in the Republic of Moldova or elsewhere abroad.

13

Romania  has  signed  but  not  yet  ratified  the  European  Convention  on  Nationality.4
Nevertheless, according to the Romanian authorities, the Law on citizenship passed
in 1999 has taken over almost all provisions of that Convention.

According to the new definition of Romanian citizenship, the possibility of granting
Romanian  citizenship  by  repatriation  has  been  removed.  In  the  past  some  former
Romanian  citizens  had,  when  being  repatriated  back  to  Romania,  automatically
recovered  the  citizenship  they  had  lost.  This  provision  seems  to  have  raised  some
confusion and misunderstandings between Romanian authorities, citizens concerned
and Member States. This category of people now fall under the normal procedure for
granting citizenship based on request.

During  the  period  from  14  December  1999  to  31  May  2001,  363  aliens  and  19
stateless  persons  were  granted  Romanian  citizenship.  During  the  same  period,  161
former Romanians, out of which 108 had a second citizenship and 53 were stateless,
have been granted Romanian citizenship.

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According  to  previous  legislation  and  practice,  Romanian  citizens  could  renounce
Romanian  citizenship  without  giving  evidence  that  they  were  granted  another
citizenship, thus increasing the number of stateless persons. Legislation now in force
provides  that  the  request  to  give  up  Romanian  citizenship  is  granted  only  if  the
person has been granted another citizenship or has applied for it. In the latter case, an
official assurance must be given that the citizenship will be granted. This procedure
is not applied to minors that cannot renounce to their Romanian citizenship. It has to
be pointed out that Romania has signed the European Convention on Nationality on 6
November  1997  -  which  sets  precise  limits  to  and  conditions  for  the  possibility  of
renouncing  citizenship  -  but  ratification  is  still  pending.  Pluri-citizenship  is  not
forbidden by Romanian law.

A  bilateral  agreement  between  Romania  and  Germany  on  readmission  of  stateless
persons is in force since February 1999. The Governments of Romania and Germany
are solving the issue on a bilateral basis and in accordance with international norms
and European practices.

(cid:21)(cid:17)(cid:21)(cid:17)(cid:22)(cid:17)(cid:3) &RPPLWPHQWV

Romania commits itself to refuse to its nationals the renunciation to their nationality
unless  they  already  hold  another  nationality  or  provide  official  guarantees  from
foreign  authorities  that  they  will  be  granted  another  citizenship,  so  as  to  avoid  the
multiplication of stateless persons.

(cid:21)(cid:17)(cid:22)(cid:17)(cid:3)

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The Romanian Government is aware of the economic and social circumstances that
may  drive  Romanian  citizens  to  seek  work  opportunities  in  EU  Member  States.  In
order  to  improve  living  standards  in  Romania  the  Government  has  decided  to  give
priority  to  combating  poverty  and  unemployment.  A  two-way  approach  has  been
adopted, that consists in targeting:

4

Council of Europe, 6 November 1997.

14

                                                
– 

– 

the undeveloped areas through programmes on regional development;

the specific social categories affected by poverty and unemployment.

The Romanian authorities aim at increasing the rate of employment among the active
implementing
population  by  speeding  up 
programmes for professional re-training especially devoted to young workforce and
women.

the  process  of  privatisation  and 

In  this  context,  special  efforts  are  directed  towards  the  Roma  population.  The
Romanian  Government  has  adopted  in  May  2001  a  Strategy  on  Roma,  which  has
been  drafted  with  substantial  support  from  the  European  Commission.  The
implementation  of  this  strategy  is  expected  to  bring  about  an  improvement  of  the
overall  situation  of  this  community  and  should  therefore  curb  down  migration
pressure. Co-operation and co-ordination between different institutions in this matter
are  ensured  by  the  Inter-ministerial  Committee  for  Minorities,  in  order  to  address
health,  education,  labour  market  and  children  rights  issues  through  a  global
approach.  In  addition,  the  Romanian  Government  is  determined  to  improve  the
institutional and legal framework necessary to ensure better  respect of the rights of
Roma population as defined by national and international law.

(cid:22)(cid:17)(cid:3)

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On 3 May 2001, the Romanian Government approved a Memorandum on "Approval
of negotiation of Readmission Agreements concerning own citizens and aliens with
some European Union Member States, some candidate countries for accession to the
European Union, as well as with States with high migration potential”. A framework
agreement  which  has  been  prepared  for  this  purpose  is  harmonised,  as  much  as
possible,  with  the  Council  Recommendation  of  30  November  1994  concerning  a
specimen  bilateral  readmission  agreement  between  a  Member  State  and  a  third
country5.

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Romania has readmission agreements with 13 Member States. Agreements with the
United Kingdom and Portugal have not  yet been concluded.  However, negotiations
with these two Member States have just started. A new agreement is being negotiated
with  Austria  to  replace  the  old  Protocol  on  readmission  signed  in  1990.  The  new
agreement recently concluded with Sweden (April 2001) awaits ratification. The new
readmission  agreements  being  negotiated  or  updated  with  EU  Member  States  or
candidate  countries  all  include  both  nationals  of  the  contracting  parties  and  third
country nationals.

The  length  of  re-admission  procedure  of  Romanian  citizens  detected  in  illegal
situation  on  the  territory  of  a  State  with  which  a  readmission  agreement  has  been
concluded, depends upon the situation of that person:

5

OJ C 274 of 19.9.1996, p 20

15

                                                
– 

– 

– 

if the person possesses identity documents which prove Romanian citizenship,
he/she is accepted without any other formality;

if  that  person  does not  possess  identity  documents  (e.g.,  he/she  destroyed  the
papers)  which  prove  he/she  is  Romanian  citizen,  after  notification  of  the
requesting  State,  in  2  -3  days,  the  Romanian  authorities  check  if  he/she  is  a
Romanian citizen or of Romanian origin, and accept him/her after verification.

if  the  person  is  a  foreign  citizen,  and  the  authorities  of  the  requesting  State
prove  that  he/she  crossed  the  Romanian  territory,  he/she  is  accepted,  without
other formalities.

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Romania has also concluded readmission agreements with several non-EU countries:
Hungary,  Poland,  Slovakia,  Czech  Republic,  Slovenia,  Switzerland,  Bulgaria  and
India. Agreements with Croatia and Slovenia have been signed and are in the process
of  ratification.  Romania  has  started  negotiations  for  concluding  readmission
agreements  with  Egypt,  Ukraine,  FYROM,  Moldova,  Lithuania,  Russia,  China,
Bangladesh,  Sri  Lanka  and  Lebanon.  Negotiation  of  readmission  agreements  with
Albania,  Afghanistan,  Pakistan  and  Israel  is  being  envisaged.  All  the  new
readmission  agreements  being  negotiated  or  updated  with  third  countries  with  high
migration potential include both nationals of the contracting parties and third country
nationals.

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In December 2000, Romania concluded and approved the legal framework defining
‘home  affairs  attachés/police  liaison  officers’,  entrusted  with  specific  tasks  in  the
area of international co-operation. A Government Decision has made it possible for
police officers depending from the Ministry of Interior to be posted to embassies and
diplomatic  missions  under  the  authority  of  Ambassadors.  The  status  they  enjoy  is
comparable  to  the  status  granted  to  Defence  attachés.  A  home  affairs  attaché  has
consequently  been  appointed  at  the  Mission  of  Romania  to  the  European  Union.
Thanks to the financial support of the beneficiary states, Romania has also posted for
a  limited  period  (1  to  3  months)  liaison  officers  in  Germany,  the  Czech  Republic,
Slovakia and Ireland. Depending on the availability of financial resources, Romania
intends to appoint Justice and Home Affairs liaison officers in other Member States,
especially  those  who  are  target  countries  for  illegal  immigrants  entering  through
Romania. Several EU Member States (Belgium, Denmark, Spain, Germany, France,
Italy and United Kingdom), as well as some third countries (Australia, Israel, Russia,
USA and Ukraine) have appointed similar resident and non resident liaison officers
to Romania. A priority of the government is to send liaison officers to EU Member
States and to third countries with high migration potential.

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For the voluntary repatriation of Romanian citizens back to Romania, an agreement
has  been  concluded  between  the  Romanian  Border  Police  and  TAROM  Airline
Company.  Another  agreement  covers  repatriation  of  third  country  nationals  being
expelled  from  Romania.  As  a  member  of  IATA  TAROM  is  involved  in  the
international network and working parties dealing with questions related to this issue.

16

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The  Romanian  authorities  commit  themselves  to  take  back  illegal  residents  of
Romanian  origin,  including  stateless  persons  according  to  the  present  readmission
agreements  and  to  extend  and  renew  the  readmission  agreements  with  the  EU
Member States.

Social  reintegration  programmes  are  being  developed  for  repatriated  Romanian
nationals,  also  targeting  women  and  children  who  have  been  the  victims  of
trafficking.

Romania  accepts  the  repatriation  on  its  territory  of  third  country  nationals  who
entered  illegally  in  the  EU  Member  States  or  in  candidate  countries  via  Romania,
based on the readmission agreements in force and of those that are to be concluded
(Portugal,  UK  and  the  renewal  of  the  agreement  with  Austria).  Romania  is
developing  its  capacity  to  retain  illegal  migrants  from  third  countries,  inter  alia  by
means of new accommodation centres.

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The Romanian government has set up an ambitious plan for adoption of  legislation
which  is  relevant  for  the  visa  issue.  Since  the  intermediate  report  was  presented  to
the  Council  a  new  Aliens  Law  has  entered  into  force  on  3  May  2001  and  the
government  has  adopted  methodological  norms  for  the  implementation  of  the  new
Aliens Law on 9 May 2001. A Government Decision was adopted on 19 April 2001
on the exchange of the present passports with a new type of passports with additional
security features. On 3 May 2001 the government approved a Framework Agreement
on Readmission.

In addition, there are several important pieces of legislation which are in a final stage
of  adoption.  The  Emergency  Ordinance  on  the  Romanian  State  Border  and  the
Emergency  Ordinance on the organisation and functioning of the  Border  Police  are
due to be adopted by 30 June this year. At the same time the government will adopt
implementing  rules  for  these  ordinances.  Data  protection  legislation  and  a  law  on
ratification  of  the  Council  of  Europe  Convention  on  the  Protection  of  Individuals
with  Regard  to  Automatic  Processing  of  Personal  Data  have  been  submitted  to  the
Parliament.  Amendments  to  the  Refugee  Law  of  1996  were  adopted  through  an
Emergency  Ordinance  in  August  2000  and  resulted  in  significant  improvements  of
the legislation, although the legal procedures for final approval by the Parliament are
still pending.

Romanian  legislation  provides  for  a  list  of  countries  whose  citizens  must  be  in
possession of a visa to enter Romania which covers the same countries as the current
EU  list  with  the  exception  of  seven  countries  (Russia,  Ukraine,  Moldova,  Bosnia-
Herzegovina,  Federal  Republic  of  Yugoslavia,  FYROM  and  Turkey).  For  two
countries, Russia and Ukraine, negotiations are ongoing in order to introduce the visa
requirement  for  their  nationals  by  the  end  of  2001.  In  case  a  bilateral  agreement
cannot  be  reached  within  this  time-limit,  Romania  will  introduce  the  visa
requirement  unilaterally.  For  the  other  countries  concerned,  the  introduction  of  the

17

visa requirement will be considered by the Romanian authorities in connection with
the development of the relations between the EU and those countries.

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A reorganisation and modernisation of the Romanian Border Police is ongoing. The
organisation has been simplified and modelled after the organisation of border police
structures  in  the  Member  States.  The  process  of  exchanging  the  conscripts  with
professional border policemen is progressing according to plans which were recently
revised in order to accelerate the process. The training methodologies for the Border
Police personnel are being changed and adapted to the new organisation. The reform
of  the  training  centres  for  different  categories  of  the  Border  Police  has  started.
Interagency  and  cross-border  co-operation  has  been  put  into  practice  and  will  be
further developed according to well-defined plans. While it is a fact that -corruption
is  widespread  in  the  public  sector  in  Romania  and  difficult  to  root  out,  the  actions
which have been taken to fight against it within the Border Police seem however to
have given some results.

The  government  has  made  significant  investments  in  equipment  for  the  Border
Police.(cid:3) The  allocation  in  the  national  budget  for  2001  for  border  protection  and
combating illegal immigration is 130 M…(cid:17)(cid:3)7KH(cid:3)DOORFDWLRQV(cid:3)IRU(cid:3)HTXLSPHQW(cid:3)LQ(cid:3)WKH(cid:3)3KDUH
border  programmes  will  in  a  near  future  lead  to  a  clear  improvement  of  the
operational capacity of the Border Police  at the Northeast border  which is the most
exposed border for organised illegal immigration from third countries.

The recent statistical figures give an indication of an increased operational capacity
of  the  Border  Police.  Especially  the  figures  for  the  first  quarter  of  2001  show  an
increased  efficiency.  For  example,  the  number  of  retained  persons  at  the  green
borders  in  the first quarter of  2001 was nearly five  times  as  high  as  the  number  of
persons retained the first quarter of 2000.

The  handling  of  visa  applications  has  been  improved  with  the  use  of  a  new  visa
application form and the establishment of the National Visa Centre at the Ministry of
Foreign  Affairs.  A  visa  on-line  system  modelled  after  the  best  practices  in  the
Member States has been designed and can be expected to be implemented in its first
phase in the second half of 2001.

Romanian  passports  and  identity  cards  are  issued  using  methods  which  fulfil
adequate security standards.

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The  commitments  which  the  Romanian  government  has  undertaken  for  the  near
future have been listed under each section in this report. The main actions which the
government  indicated  in  the  document  which  was  presented  to  the  Commission  on
15 January 2001 have  in general  so far been accomplished according to plans. The
government has a strong political will  to achieve  a  positive result  on  the  visa issue
which is one of the most important political subjects in Romania. The government is
also  under  a  heavy  pressure  from  the  Romanian  public,  which  especially  since  the
visa  obligation  has  been  abolished  for  Bulgaria  perceives  the  visa  requirement  as
discriminatory and humiliating and looks forward to an early positive decision. There
are  therefore  good  reasons  to  believe  that  the  government  will  give  the  highest

18

priority  to  the  fulfilment  of  the  commitments.  These  commitments  cannot  be
regarded  as  unrealistic  or  overoptimistic.  However,  many  actions  are  due  to  be
accomplished by the end of June 2001 and there might be a risk that some of these
actions  will  be  somewhat  delayed.  Apart  from  this,  it  can  be  expected  that  the
commitments will be fulfilled according to plans.

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Romania  has made  undeniable progress on border controls and visa policy  and  has
taken important commitments in these fields. These measures will have an effect on
the  illegal  immigration  from  third  countries.  The  Romanian  government  has  taken
adequate  commitments  with  the  purpose  to  curb  down  the  illegal  emigration  by
Romanian  nationals.  However,  there  is  a  risk  that  the  abolition  of  the  visa
requirement  may  encourage  increasing  numbers  of  Romanian  citizens  to  take
advantage  of  this  new  situation.  This  increase  will  most  likely  touch  upon  young
students,  researchers,  businessmen  and  people  trying  to  improve  their  living
conditions.

It cannot nevertheless be expected that a visa free regime for Romania will result in a
large  increase  of  illegal  residents  from  Romania  in  the  Member  States.  The  clear
commitments  the  Romanian  government  has  taken  to  facilitate  repatriation
counterbalance the possibility for a certain increase(cid:3)of illegal immigrants. In any case
the EC Treaty provides a remedy against a sudden increased influx of nationals from
a third country.

There  are potential advantages of an exemption of the visa obligation in relation to
the democratisation process in general. An exemption will have a positive effect on
the  support  among  the  Romanian  public  for  the  EU  accession  process  while  a
decision to the contrary will increase the feeling of marginalisation, which in its turn
may encourage the development of non-democratic political movements. A positive
democratic  and  economic  evolution  will  be  nourished  by  simplified  international
exchange  and  travel  possibilities  for  students,  researchers  and  businessmen  The
successful  continuation  of  the  reform  process  in  Romania  depends  on  a  new
generation of responsible citizens with international experiences. The conclusion of
the Commission is that the afore-mentioned advantages outweigh the disadvantage of
a possible increase of illegal residents from Romania in the Member States.

The  Commission’s  recommendation  is  therefore  that  the  exemption  of  the  visa
obligation  for  Romanian  citizens  should  be  implemented  as  from  1  January  2002,
and  that  the  Council  should  decide  in  this  way  before  the  end  of  this  year.  This
implies the fulfilment by Romanian authorities of a number of commitments related
to the issues mentioned in the present report.

Would  the  visa  requirement  be  lifted,  Romanian  authorities  are  also  committed  to
inform  their  citizens  of  the  rules  applicable  for  entering  the  territory  of  Member
States for nationals who are exempt from the visa obligation.

19

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- Austria (1990)*

- Croatia

- Hungary**

- Austria**

- Afghanistan

- Poland (1993)

- Slovenia**

- Bangladesh

- Albania

- China

- Egypt

- Algeria

- Cameroon

- FYROM

- Congo

- Lithuania

- Gambia

- Lebanon

- Ghana

- Moldova

- Portugal

- Iran

- Israel

- Russia

- Jordan

- Sri Lanka

- Morocco

- Ukraine

- Nigeria

- United Kingdom

- Pakistan

- Sudan

- Tunisia

- Turkey

- Yugoslavia

- Czech Republic

- Sweden**

(1994)

- France (1994)

- Greece (1994)

- Hungary (1994)

- Slovakia (1994)

- Sweden (1994)

- Benelux (1995)

- Slovenia (1995)

Switzerland

- 
(1996)

- Italy (1997)

- Spain (1997)

- Germany (1998)

- Denmark (2000)

- Bulgaria (2001)

- Finland (2001)

- India (2001)

- Ireland (2001)

* Protocol signed by the Ministers of Interior.
** Revised agreements.

20