Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the Republic of Moldova on the facilitation of issuance of short-stay visas
Date: 2007-09-03
Institutions: European Commission
Subjects: EU visa policy, European Community, European neighbourhood policy, Moldova, cooperation agreement (EU), ratification of an agreement, residence permit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.9.2007 
COM(2007) 488 final 

2007/0175 (CNS) 

Proposal for a  

COUNCIL DECISION 

on the signature of the Agreement between the European Community and the Republic 
of Moldova on the facilitation of issuance of short-stay visas 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Moldova on the facilitation of issuance of short-stay visas 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

The  legal  basis  for  the  EU-Moldova  relationship  is  the  Partnership  and  Cooperation 
Agreement (PCA), which has been signed on 28 November 1994 and entered into force on 1 
July 1998. The PCA sets out the structure for regular political dialogue between the parties. 

Following  the  adoption  of  the  EU-Moldova  European  Neighbourhood  Policy  (ENP) 
Action Plan in February 2005, the Republic of Moldova is an ENP partner country. With the 
membership of Romania, the Republic of Moldova shares borders with the Union. This ENP 
Action Plan provides the basis for substantially intensified cooperation between the EU and 
the Republic of Moldova on justice and home affairs issues. 

During these frequent contacts the Moldovan authorities very often indicated the importance 
they  attach  to  people-to-people  contacts  and  visa  issues;  in  this  respect  the  Moldovan 
authorities provided a number of non-papers on its JLS related developments. 

In  the  framework  of  the  EU-Moldova  European  Neighbourhood  Action  Plan,  an  ad  hoc 
technical  meeting  on  the  possibilities  of  visa  facilitation  in  accordance  with  the  Schengen 
acquis was organized with the Moldovan authorities on 7 June 2006. 

For the European Community, visa facilitation agreements represent a new instrument in the 
framework  of  the  European  short-stay  visa  policy:  in  the  Hague  Programme,  the  Council 
and the Commission are invited to examine with a view to developing a common approach 
“whether in the context of the EC readmission policy it would be opportune to facilitate, on a 
case by case basis, the issuance of short-stay visas to third-country nationals, where possible 
and  on  a  basis  of  reciprocity,  as  part  of  a  real  partnership  in  external  relations,  including 
migration-related issues”. The EU developed and used this instrument for the first time in its 
relations  with  the  Russian  Federation  and  with Ukraine  and  later  also  with  Albania,  Bosnia 
and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia.  

In December 2005, at the level of Coreper, Member States agreed on a common approach for 
the development of the EU policy on visa facilitation and identified key elements to be taken 
into account when deciding to open negotiations on visa facilitations with third countries.  

The  JHA  Council  of  24  July  2006  invited  the  Commission  to  undertake  consultations  with 
Member States within the relevant Council preparatory bodies on the possibility of initiating 
negotiations on visa facilitation and readmission agreements with the Republic of Moldova. 
Following this invitation the Commission prepared a non-paper analysing the criteria set out 
in  the  common  approach  on  visa  facilitation  and  undertook  consultations  with  the  Member 
States  within  the  relevant  Council  working  groups.  These  consultations  had  a  positive 
outcome. 

Following the authorization given by the Council to the Commission on 19 December 2006, 
negotiations  with  the  Republic  of  Moldova  on  the  facilitation  of  the  issuance  of  short-stay 
visas were opened in Brussels on 9 February  2007, back-to-back with the negotiations on a 
readmission agreement. However, at that meeting the Moldovan authorities declared that they 
did  not  want  to  negotiate  on  visa  facilitation  but  on  visa  liberalization.  Nevertheless  after 
several  demarches  with  the  Moldovan  authorities,  negotiations  were  continued  and  one 

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further round of negotiations was held on 17 April 2007 in Brussels and in parallel ("back-to-
back") with negotiations on an EC-Republic of Moldova readmission agreement. This round 
of formal negotiations was prepared by two informal expert meetings. 

On  25  April  2007,  the  final  texts  of  the  visa  facilitation  and  readmission  agreements  were 
initialled in Chisinau. 

The  European  Commission  has  already  negotiated  a  visa  facilitation  agreement  with  seven 
third  countries  (the  Russian  Federation,  Ukraine,  Albania,  Bosnia  and  Herzegovina,  the 
former Yugoslav Republic of Macedonia, Montenegro and Serbia). The experience acquired 
in previous negotiations has been useful for the negotiations with the Republic of Moldova. 

Member  States  have  been  informed  and  consulted  twice  in  the  regional  Council  Working 
group after the formal round of negotiations on 17 April. 

On  the  part  of  the  Community,  the  legal  basis  for  the  Agreement  is  Article  62(2)(b),  in 
conjunction with Article 300 TEC. 

The attached proposals constitute the legal instruments for the signature and conclusion of the 
Agreement.  The  Council  will  decide  by  qualified  majority.  The  European  Parliament  will 
have  to  be  formally  consulted  on  the  conclusion  of  the  Agreement,  in  accordance  with  Art. 
300(3) EC Treaty. 

The proposed decision concerning the conclusion sets out the necessary internal arrangements 
for  the  practical  application  of  the  Agreement.  In  particular,  it  specifies  that  the  European 
Commission, assisted by experts from Member States, represents the Community within the 
Joint Committee set up by Article 12 of the Agreement.  

Under  Article  12(4),  the  Joint  Committee  may  adopt  its  own  rules  of  procedure.  The 
Community  position  in  this  regard  shall  be  established  by  the  Commission  in  consultation 
with a special committee designated by the Council. 

European  citizens  are  exempt  from  the  visa  obligation  by  the  Republic  of  Moldova  as  of  1 
January 2007. In this respect, the draft agreement on visa facilitation states in Article 14 that 
if the Republic of Moldova would reintroduce the visa requirement for EU citizens, the same 
facilitations  granted  under  the  agreement  to  the  citizens  of  the  Republic  of  Moldova  would 
apply automatically, on the basis of reciprocity, to EU citizens. 

2. 

OUTCOME OF NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
were attained and that the draft visa facilitation agreement is acceptable to the Community. 

The final content of it can be summarised as follows: 

–  in principle, for all visa applicants, a decision on whether or not to issue a visa will have to 
be  taken  within  10  calendar  days.  This  period  may  be  extended  up  to  30  calendar  days 
when further scrutiny is needed. In urgent cases, the period for taking a decision may be 
reduced to two working days or less; 

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–  the visa fee for processing applications of Moldovan citizens shall amount to 35 €. This fee 
will be applied to all Moldovan visa applicants and concerns both single and multiple-entry 
visas. Moreover, certain categories of persons benefit from a full waiving of the visa fee: 
close relatives, officials participating in government activities, students, disabled persons, 
humanitarian  cases,  persons  participating  in  cultural,  educational  exchange  programs  and 
sport  or  cultural  events,  journalists,  children  under  the  age  of  18  and  dependent  children 
under  the  age  of  21,  pensioners,  drivers  conducting  international  cargo  and  passenger 
transportation services, and members of the professions; 

–  the documents to be presented regarding the purpose of the journey have been simplified 
for  some  categories  of  persons:  members  of  official  delegations,  members  of  the 
professions,  business  people,  drivers  conducting  international  cargo  and  passenger 
transportation  services,  members  of  train  crews,  journalists,  participants  in  scientific, 
cultural  and  sporting  events,  students,  participants  in  exchange  programs,  close  relatives, 
representatives  of  civil  society,  persons  visiting  for  burial  ceremonies,  persons  visiting 
military  and  civil  burial  grounds  and  persons  visiting  for  medical  reasons.  For  these 
categories  of  persons,  only  the  documents  listed  in  the  agreement  can  be  requested  for 
justifying  the  purpose  of  the  journey.  No  other  justification,  invitation  or  validation 
provided for by the legislation of the Member States is required;  

–  there  are  also  simplified  criteria  for  issuing  multiple-entry  visas  for  the  following 

categories of persons: 

a) 

b) 

for  members  of  national  and  regional  Governments  and  Parliaments,  Constitutional 
Court  and Supreme Court,  permanent members of official delegations, spouses and 
children visiting citizens of the Republic of Moldova legally residing in the Member 
States,  business  people  and  journalists:  visas  valid  up  to  five  years  (or  shorter, 
limited  to  the  period  of  the  validity  of  their  mandate  or  authorisation  for  legal 
residence); 

members  of  official  delegations,  representatives  of  civil  society,  members  of  the 
professions,  drivers  conducting  international  cargo  and  passenger  transportation 
services,  train  crews,  participants  in  scientific,  cultural,  official  exchange  programs 
and sport events and students provided that during the previous two years they have 
made  good  use  of  a  1  year  multiple-entry  visa  and  the  reasons  for  requesting  a 
multiple-entry  visa  are  still  valid:  visas  valid  for  a  minimum  of  2  years  and  a 
maximum of 5 years are issued; 

–  citizens  of  the  Republic  of  Moldova  who  are  holders  of  valid  diplomatic  passports  are 

exempted from the visa requirement for short-stays; 

–  a  protocol  was  agreed  stating  that  Member  States  that  do  not  fully  apply  the  Schengen 
acquis  yet,  may  unilaterally  recognise  Schengen  visas  and  residence  permits  issued  to 
Moldovan  citizens  for  the  purpose  of  transit  through  their  territory  in  accordance  with 
European Parliament and Council Decision N°895/2006/EC of 14 June 20061. A reference 
to  the  future  amendment  of  the  Decision  (EC)  895/2006  for  covering  Bulgaria  and 
Rumania is added; 

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OJ L167, 20.6.2006, p.1. 

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–  a  European  Community  Declaration  is  attached  to  the  Agreement  on  access  of  visa 
applicants  to  information  and  harmonisation  of  information  procedures  for  issuance  of 
short-stay visas; 

–  replying  to  the  specific  request  formulated  by  the  Republic  of  Moldova,  a  European 
Community Declaration is attached to the Agreement on representation and the Common 
Application Centre in Chisinau. 

For all issues that are not covered by the Agreement the normal Schengen rules or national 
law continue to apply, such as the refusal of the visa, recognition of travel documents, proof 
of sufficient means of subsistence, the possibility in the case of doubts to invite applicants for 
a personal interview in individual cases but also the already existing flexibilities for bona fide 
travellers. 

The  specific  situations  of  Denmark,  the  United  Kingdom  and  Ireland  are  reflected  in  the 
preamble  and  in  two  joint  declarations  attached  to  the  Agreement.  The  close  association  of 
Norway  and  Iceland  to  the  implementation,  application  and  development  of  the  Schengen 
acquis is likewise reflected in a joint declaration to the Agreement. 

Since  the  two  agreements  on  visa  facilitation  and  readmission  are  linked,  both  agreements 
should be signed, concluded and enter into force simultaneously.  

3. 

CONCLUSIONS 

In the light of the above-mentioned results, the Commission proposes that the Council 

–  decide  that  the  Agreement  be  signed  on  behalf  of  the  Community  and  authorise  the 
President of the Council to appoint the person(s) duly empowered to sign on behalf of the 
Community; 

–  approve,  after  consultation  of  the  European  Parliament,  the  attached  Agreement  between 
the European Community and the Republic of Moldova on the facilitation of the issuance 
of short-stay visas. 

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Proposal for a  

COUNCIL DECISION 

on the signature of the Agreement between the European Community and the Republic 
of Moldova on the facilitation of issuance of short-stay visas 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(b)(i) and (ii), in conjunction with the first sentence of the first subparagraph of 
Article 300(2) thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

By  its  decision  of  19  December  2006,  the  Council  authorised  the  Commission  to 
negotiate  an  agreement  between  the  European  Community  and  the  Republic  of 
Moldova regarding the facilitation of the issuance of short-stay visas. 

Negotiations on the agreement were opened on 9 February 2007 and concluded on 17 
April 2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Chisinau 
on 25 April 2007, should be signed….. 

In  accordance  with  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland, 
and the Protocol integrating the Schengen acquis into the framework of the European 
Union,  the  United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  of  this 
Decision and are therefore not bound by it or subject to its application. 

In accordance with the Protocol on the position of Denmark annexed to the Treaty on 
European  Union  and  to  the  Treaty  establishing  the  European  Community,  Denmark 
does not take part in the adoption of this Decision and is therefore not bound by it or 
subject to its application 

HAS DECIDED AS FOLLOWS:  

Sole Article 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European 
Community, the Agreement between the European Community and the Republic of Moldova 

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on the facilitation of the issuance of short-stay visas and the related documents consisting of 
the text of the agreement, a Protocol and the declarations. 

Done in Brussels, the………..of…………2007. 

For the Council 
The President 

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2007/0175 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Moldova on the facilitation of issuance of short-stay visas 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(b)(i) and (ii), in conjunction with the first sentence of the first subparagraph of 
Article 300(2) and the first subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Parliament4 

WHEREAS:  

(1) 

(2) 

The Commission has negotiated on behalf of the European Community an Agreement 
with the Republic of Moldova on the facilitation of the issuance of short-stay visas; 

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2007  subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with 
Decision……../……/EC of the Council of [………….] 

(3) 

This Agreement should be approved.  

(4) 

(5) 

(6) 

The Agreement establishes a Joint Committee for the management of the Agreement, 
which  may  adopt  its  rules  of  procedure.  It  is  appropriate  to  provide  for  a  simplified 
procedure for the establishment of the Community position in this case. 

In  accordance  with  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland, 
and the Protocol integrating the Schengen acquis into the framework of the European 
Union,  the  United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  of  this 
Decision and are therefore not bound by it or subject to its application. 

In accordance with the Protocol on the position of Denmark annexed to the Treaty on 
European  Union  and  to  the  Treaty  establishing  the  European  Community,  Denmark 
does not take part in the adoption of this Decision and is therefore not bound by it or 
subject to its application. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  Republic  of  Moldova  on  the 
facilitation of the issuance of short-stay visas is hereby approved on behalf of the Community. 

The text of the agreement is attached to this Decision. 

The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  15(1)  of  the 
Agreement5. 

Article 2 

The Commission, assisted by experts from Member States, shall represent the Community in 
the Joint Committee of experts established by Article 12 of the Agreement. 

Article 3 

Article 4 

The  position  of  the  Community  within  the  Joint  Committee  of  experts  with  regard  to  the 
adoption of its rules of procedure as required under Article 12(4) of the Agreement shall be 
taken  by  the  Commission  after  consultation  with  a  special  committee  designated  by  the 
Council. 

Article 5 

This Decision shall be published in the Official Journal of the European Union. 

Done in Brussels, the………of…………2007. 

For the Council 
The President 

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The date of entry into force of the Agreement will be published in the Official Journal of the European 
Union [by the General Secretariat of the Council]. 

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Annex 

Agreement 

between 

the European Community and the Republic of Moldova 

on the facilitation of the issuance of visas 

THE EUROPEAN COMMUNITY hereinafter referred to as “the Community”; 

and  

the Republic of Moldova, 

hereinafter referred to as the Parties; 

Bearing  in  mind  that,  as  from  1  January  2007,  EU  citizens  are  exempted  from  the  visa 
requirement when travelling to the Republic of Moldova for a period of time not exceeding 
90 days per period of 180 days or transiting through the territory of the Republic of Moldova; 

With  a  view  to  further  developing  friendly  relations  between  the  contracting  parties  and 
desiring  to  facilitate  people-to-people  contacts  as  an  important  condition  for  a  steady 
development of economic, humanitarian, cultural, scientific and other ties, by facilitating the 
issuing of visas to Moldovan citizens; 

Having regard to the current EU-Moldova ENP Action Plan, which noted that a constructive 
dialogue on visa co-operation between the EU and Moldova, including an exchange of views 
on possibilities of visa facilitation in compliance with the acquis would be established; 

Recognizing the introduction of a visa free travel regime for the citizens of the Republic of 
Moldova as a long term perspective; 

Recognizing that if the Republic of Moldova were to reintroduce the visa requirement for EU 
citizens, the same facilitations granted under this agreement to the citizens of the Republic of 
Moldova would automatically, on the basis of reciprocity, apply to EU citizens; 

Recognizing  that  visa  facilitation  should  not  lead  to  illegal  migration  and  paying  special 
attention to security and readmission; 

Taking into account the Protocol on the position of the United Kingdom and Ireland and the 
Protocol integrating the Schengen acquis into the framework of the European Union, annexed 
to the Treaty on European Union and the Treaty establishing the European Community and 
confirming  that  the  provisions  of  this  agreement  do  not  apply  to  the  United  Kingdom  and 
Ireland; 

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Taking  into  account  the  Protocol  on  the  position  of  Denmark  annexed  to  the  Treaty  on 
European  Union  and  the  Treaty  establishing  the  European  Community  and  confirming  that 
the provisions of this agreement do not apply to the Kingdom of Denmark; 

HAVE AGREED AS FOLLOWS: 

Article 1 - Purpose and scope of application 

The  purpose  of  this  Agreement  is  to  facilitate  the  issuance  of  visas  to  the  citizens  of  the 
Republic of Moldova for an intended stay of no more than 90 days per period of 180 days. 

Article 2 - General clause 

1. 

2. 

The  visa  facilitations  provided  in  this  Agreement  shall  apply  to  citizens  of  the 
Republic  of  Moldova  only  insofar  as  they  are  not  exempted  from  the  visa 
requirement  by  the  laws  and  regulations  of  the  Community  or  the  Member  States, 
the present agreement or other international agreements. 

The  national  law  of  the  Republic  of  Moldova,  or  of  the  Member  States  or 
Community  law  shall  apply  to  issues  not  covered  by  the  provisions  of  this 
Agreement, such as the refusal to issue a visa, recognition of travel documents, proof 
of sufficient means of subsistence and the refusal of entry and expulsion measures. 

For the purpose of this Agreement: 

Article 3 - Definitions 

a) 

b) 

c) 

d) 

e) 

"Member  State"  shall  mean  any  Member  State  of  the  European  Union,  with  the 
exception of the Kingdom of Denmark, Ireland and the United Kingdom; 

“Citizen of the European Union” shall mean a national of a Member State as defined 
in point (a); 

“Citizen of the Republic of Moldova” shall mean a person who holds the citizenship 
of the Republic of Moldova; 

“Visa” shall mean an authorization issued by a Member State or a decision taken by 
such State which is required with a view to: 

–  entry for an intended stay in that Member State or in several Member States of no 

more than 90 days per period of 180 days, 

–  entry  for  transit  through  the  territory  of  that  Member  State  or  several  Member 

States. 

“legally  residing  person”  shall  mean  a  citizen  of  the  Republic  of  Moldova 
authorized  or  entitled  to  stay  for  more  than  90  days  in  the  territory  of  a  Member 
State, on the basis of Community or national legislation. 

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1. 

a) 

b) 

Article 4 - Documentary evidence regarding the purpose of the journey 

For  the  following  categories of citizens of the Republic of Moldova, the following 
documents are sufficient for justifying the purpose of the journey to the other Party: 

for  members  of  official  delegations  who, following an official invitation addressed 
to the Republic of Moldova, shall participate in meetings, consultations, negotiations 
or exchange programs, as well as in events held in the territory of the Member States 
by intergovernmental organizations: 

–  a letter issued by a Moldovan authority confirming that the applicant is a member 
of its delegation travelling to the other Party to participate at the aforementioned 
events, accompanied by a copy of the official invitation; 

for  members  of 
international  exhibitions, 
conferences, symposia,  seminars  or other similar events held in the territory of the 
Member States: 

the  professions  participating 

in 

–  a written request from the host organization confirming that the person concerned 

is participating in the event; 

c) 

for business people and representatives of business organisations: 

–  a written request from a host legal person or company, or an office or a branch of 
such legal person or company, state or local authorities of the Member States or 
organizing  committees  of  trade  and  industrial  exhibitions,  conferences  and 
symposia  held  in  the  territories  of  the  Member  States,  endorsed  by  the  State 
Chamber of Registration of the Republic of Moldova; 

d) 

for  drivers  conducting  international  cargo  and  passenger  transportation  services  to 
the  territories  of  the  Member  States  in  vehicles  registered  in  the  Republic  of 
Moldova: 

–  a  written  request  from  the  national  association  of  carriers  of  the  Republic  of 
Moldova  providing  for  international  road  transportation,  stating  the  purpose, 
duration and frequency of the trips; 

e) 

for  members  of  train,  refrigerator  and  locomotive  crews  in  international  trains 
travelling to the territories of the Member States: 

–  a  written  request  from  the  competent  railway  company  of  the  Republic  of 

Moldova stating the purpose, duration and frequency of the trips; 

f) 

for journalists: 

–  a certificate or other document issued by a professional organisation proving that 
the  person  concerned  is  a  qualified  journalist  and  a  document  issued  by  his/her 
employer stating that the purpose of the journey is to carry out journalistic work; 

g) 

for  persons  participating  in  scientific,  cultural  and  artistic  activities,  including 
university and other exchange programs: 

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h) 

i) 

j) 

k) 

l) 

–  a written request from the host organisation to participate in those activities; 

for  pupils,  students,  post-graduate  students  and  accompanying  teachers  who 
undertake  trips  for  the  purposes  of  study  or  educational  training,  including  in  the 
framework of exchange programs as well as other school-related activities: 

–  a written request or a certificate of enrolment from the host university, college or 

school or student cards or certificates of the courses to be attended; 

for  participants  in  international  sports  events  and  persons  accompanying  them  in  a 
professional capacity: 

–  a written request from the host organisation: competent authorities, national sport 

Federations or National Olympic Committees of the Member States; 

for  participants  in  official  exchange  programs  organized  by  twin  cities  and  other 
localities: 

–  a  written  request  of  the  Head  of  Administration/Mayor  of  these  cities  or  other 

localities; 

for  close  relatives  -  spouse,  children  (including  adopted),  parents  (including 
custodians),  grandparents  and  grandchildren  -  visiting  citizens  of  the  Republic  of 
Moldova legally residing in the territory of the Member States: 

–  a written request from the host person; 

for  representatives  of  civil  society  organisations  when  undertaking  trips  for  the 
purposes of educational training, seminars, conferences, including in the framework 
of exchange programs: 

–  a written request issued by the host organisation, a confirmation that the person is 
representing the civil society organisation and the certificate on establishment of 
such  organisation  from  the  relevant  Register  issued  by  a  state  authority  in 
accordance with the national legislation; 

m) 

for persons visiting for burial ceremonies: 

–  an official document confirming the fact of death as well as confirmation of the 

family or other relationship between the applicant and the buried; 

n) 

for visiting military and civil burial grounds: 

–  an  official  document  confirming  the  existence  and  preservation  of  the  grave  as 

well as family or other relationship between the applicant and the buried; 

o) 

for persons visiting for medical reasons and necessary accompanying persons: 

–  an  official  document  of  the  medical  institution  confirming  necessity  of  medical 
care in this institution, the necessity of being accompanied, and proof of sufficient 
financial means to pay for the medical treatment. 

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2. 

a) 

b) 

c) 

3. 

1. 

a) 

b) 

c) 

d) 

The  written  request  mentioned  in  paragraph  1  of  this  Article  shall  contain  the 
following items: 

for the invited person: name and surname, date of birth, sex, citizenship, number of 
the passport, time and purpose of the journey, number of entries and where relevant 
the name of the spouse and children accompanying the invited person; 

for the inviting person: name, surname and address; 

for the inviting legal person, company or organisation: full name and address and 

–  if the request is issued by an organisation or authority, the name and position of 

the person who signs the request; 

–  if the inviting person is a legal person or company or an office or a branch of such 
legal  person  or  company  established  in  the  territory  of  a  Member  State,  the 
registration  number  as  required  by  the  national  law  of  the  Member  State 
concerned. 

For the categories of persons mentioned in paragraph 1 of this article, all categories 
of visas are issued according to the simplified procedure without requiring any other 
justification, invitation or validation concerning the purpose of the journey, provided 
for by the legislation of the Member States. 

Article 5 - Issuance of multiple-entry visas 

Diplomatic missions and consular posts of the Member States shall issue multiple-
entry visas with a term of validity of up to five years to the following categories of 
persons: 

members  of  national  and  regional  Governments  and  Parliaments,  Constitutional 
Court and Supreme Court if they are not exempted from the visa requirement by the 
present Agreement, in the exercise of their duties, with a term of validity limited to 
their term of office if this is less than 5 years; 

permanent  members  of  official  delegations  who,  following  an  official  invitation 
addressed  to  the  Republic  of  Moldova,  shall  regularly  participate  in  meetings, 
consultations,  negotiations  or  exchange  programs,  as  well  as  in  events  held  in  the 
territory of the Member States by intergovernmental organizations; 

spouses  and  children  (including  adopted),  who  are  under  the  age  of  21  or  are 
dependent,  and  parents  (including  custodians)  visiting  citizens  of  the  Republic  of 
Moldova  legally  residing  in  the  territory  of  the  Member  States  with  the  term  of 
validity  limited  to  the  duration  of  the  validity  of  their  authorization  for  legal 
residence; 

business people and representatives of business organizations who regularly travel to 
the Member States; 

e) 

journalists. 

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2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

3. 

4. 

Diplomatic missions and consular posts of the Member States shall issue multiple-
entry visas with a term of validity of up to one year to the following categories of 
persons, provided that during the previous year they have obtained at least one visa, 
have made use of it in accordance with the laws on entry and stay of the visited State 
and that there are reasons for requesting a multiple-entry visa: 

members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
the  Republic  of  Moldova,  shall  regularly  participate  in  meetings,  consultations, 
negotiations or exchange programs, as well as in events held in the territory of the 
Member States by intergovernmental organizations; 

representatives  of  civil  society  organizations  travelling  regularly  to  Member  States 
for  the  purposes  of  educational  training,  seminars,  conferences,  including  in  the 
framework of exchange programs; 

members  of  the  professions  participating  in  international  exhibitions,  conferences, 
symposia,  seminars  or  other  similar  events  who  regularly  travel  to  the  Member 
States; 

drivers  conducting  international  cargo  and  passenger  transportation  services  to  the 
territories of the Member States in vehicles registered in the Republic of Moldova; 

members of train, refrigerator and locomotive crews in international trains travelling 
to the territories of the Member States; 

persons participating in scientific, cultural and artistic activities, including university 
and other exchange programs, who regularly travel to the Member States; 

students and post-graduate students who regularly travel for the purposes of study or 
educational training, including in the framework of exchange programs; 

participants  in  international  sports  events  and  persons  accompanying  them  in  a 
professional capacity; 

participants  in  official  exchange  programs  organized  by  twin  cities  or  other 
localities. 

Diplomatic missions and consular posts of the Member States shall issue multiple-
entry  visas  with  a  term  of  validity  of  a  minimum  of  2  years  and  a  maximum  of  5 
years to the categories of persons referred to in paragraph 2 of this Article, provided 
that during the previous two years they have made use of the one year multiple-entry 
visas in accordance with the laws on entry and stay of the visited State and that the 
reasons for requesting a multiple-entry visa are still valid. 

The  total  period  of  stay  of  persons  referred  to  in  paragraphs  1  to  3  of  this  Article 
shall  not  exceed  90  days  per  period  of  180  days  in  the  territory  of  the  Member 
States. 

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Article 6 -Fees for processing visa applications 

The fee for processing visa applications of citizens of the Republic of Moldova shall 
amount to €35.  

The  aforementioned  amount  may  be  reviewed  in  accordance  with  the  procedure 
provided for in Article 15(4). 

Fees  for  processing  the  visa  application  are  waived  for  the  following  categories  of 
persons: 

close relatives - spouse, children (including adopted) parents (including custodians), 
grandparents  and  grandchildren  of  citizens  of  the  Republic  of  Moldova  legally 
residing in the territory of the Member States; 

members  of  national  and  regional  Governments  and  Parliaments,  Constitutional 
Court and Supreme Court if they are not exempted from the visa requirement by the 
present Agreement; 

members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
the Republic of Moldova, shall participate in meetings, consultations, negotiations or 
exchange programs, as well as in events held in the territory of the Member States 
by intergovernmental organizations; 

pupils,  students,  post-graduate  students  and  accompanying  teachers  who  undertake 
trips for the purposes of study or educational training, including in the framework of 
exchange programs as well as other school related activities; 

disabled persons and the person accompanying them, if necessary; 

persons  who  have  presented  documents  proving  the  necessity  of  their  travel  on 
humanitarian grounds, including to receive urgent medical treatment and the person 
accompanying  such  person,  or  to  attend  a  funeral  of  a  close  relative,  or  to  visit  a 
seriously ill close relative; 

participants  in  international  sports  events  and  persons  accompanying  them  in  a 
professional capacity; 

persons participating in scientific, cultural and artistic activities including university 
and other exchange programs; 

participants  in  official  exchange  programs  organized  by  twin  cities  or  other 
localities; 

journalists; 

children under the age of 18 and dependent children under the age of 21; 

pensioners; 

1. 

2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

l) 

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m) 

n) 

o) 

3. 

1. 

2. 

3. 

drivers  conducting  international  cargo  and  passenger  transportation  services  to  the 
territories of the Member States in vehicles registered in the Republic of Moldova; 

members  of  train,  refrigerator  and  locomotive  crews  travelling  to  the  territories  of 
the Member States; 

members  of  the  professions  participating  in  international  exhibitions,  conferences, 
symposia,  seminars  or  other  similar  events  held  in  the  territory  of  the  Member 
States. 

By  way  of  derogation  from  paragraph  1  above,  Bulgaria  and  Romania  which  are 
bound  by  the  Schengen  acquis  but  which  do  not  yet  issue  Schengen  visas,  may 
waive the fees for processing national short stay visa applications for citizens of the 
Republic  of  Moldova,  until  the  day  to  be  determined  by  the  Council  Decision  for 
their full implementation of the Schengen acquis on visa policy. 

Article 7 - Length of procedures for processing visa applications 

Diplomatic missions and consular posts of the Member States shall take a decision 
on the request to issue a visa within 10 calendar days of the date of the receipt of the 
application and documents required for issuing the visa. 

The period of time for taking a decision on a visa application may be extended to up 
to  30  calendar  days  in  individual  cases,  notably  when  further  scrutiny  of  the 
application is needed. 

The period of time for taking a decision on a visa application may be reduced to 2 
working days or less in urgent cases. 

Article 8 - Departure in case of lost or stolen documents 

Citizens of the European Union and of the Republic of Moldova who have lost their identity 
documents, or from whom these documents have been stolen while staying in the territory of 
the Republic of Moldova or the Member States, may leave that territory on the basis of valid 
identity  documents  entitling  them  to  cross  the  border  issued  by  diplomatic  missions  or 
consular posts of the Member States or of the Republic of Moldova without any visa or other 
authorization. 

Article 9 - Extension of visa in exceptional circumstances 

The  citizens  of  the  Republic  of  Moldova  who  are  not  able  to  leave  the  territory  of  the 
Member States by the time stated in their visas for reasons of force majeure shall have the 
term of their visas extended free of charge in accordance with the legislation applied by the 
receiving State for the period required for their return to the State of their residence. 

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Article 10 - Diplomatic passports 

1. 

2. 

Citizens of the Republic of Moldova, who are holders of valid diplomatic passports 
can  enter,  leave  and  transit  through  the  territories  of  the  Member  States  without 
visas. 

Persons  mentioned  in  paragraph  1  of  this  Article  may  stay  in  the  territories  of  the 
Member States for a period not exceeding 90 days per period of 180 days. 

Article 11 - Territorial validity of visas 

Subject  to  the  national  rules  and  regulations  concerning  national  security  of  the  Member 
States  and  subject  to  EU  rules  on  visas  with  limited  territorial  validity,  the  citizens  of  the 
Republic of Moldova shall be entitled to travel within the territory of the Member States on 
equal basis with European Union citizens. 

Article 12 - Joint Committee for management of the Agreement 

The Parties shall set up a Joint Committee of experts (hereinafter referred to as “the 
Committee”),  composed  of  representatives  of  the  European  Community  and  of  the 
Republic  of  Moldova.  The  Community  shall  be  represented  by  the  Commission  of 
the European Communities, assisted by experts from the Member States. 

The Committee shall, in particular, have the following tasks: 

monitoring the implementation of the present Agreement; 

suggesting amendments or additions to the present Agreement; 

settling disputes arising out of the interpretation or application of the provisions in 
this Agreement. 

The  Committee  shall  meet  whenever  necessary  at  the  request  of  one  of  the  Parties 
and at least once a year. 

The Committee shall establish its rules of procedure. 

1. 

2. 

(a) 

(b) 

(c) 

3. 

4. 

Article 13 - Relation of this Agreement with bilateral Agreements between Member States 
and the Republic of Moldova 

As  from  its  entry  into  force,  this  Agreement  shall  take  precedence  over  provisions  of  any 
bilateral  or  multilateral  agreements  or  arrangements  concluded  between  individual  Member 
States  and  the  Republic  of  Moldova,  insofar  as  the  provisions  of  the  latter  agreements  or 
arrangements cover issues dealt with by the present Agreement. 

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Article 14 - Reciprocity clause 

If  the  Republic  of  Moldova  were  to  reintroduce  the  visa  requirement  for  EU  citizens  or 
certain categories of EU citizens, the same facilitations granted under this agreement to the 
citizens of the Republic of Moldova would automatically, on the basis of reciprocity, apply to 
EU citizens concerned. 

1. 

2. 

3. 

4. 

5. 

Article 15 - Final clauses 

This Agreement shall be ratified or approved by the Parties in accordance with their 
respective procedures and shall enter into force on the first day of the second month 
following the date on which the Parties notify each other that the procedures referred 
to above have been completed. 

By way of derogation to paragraph 1 of this Article, the present agreement shall only 
enter  into  force  on  the  date  of  the  entry  into  force  of  the  Agreement  between  the 
European  Community  and  the  Republic  of  Moldova  on  readmission  of  persons  if 
this date is after the date provided for in paragraph 1 of this Article. 

This Agreement  is  concluded  for an indefinite period of time, unless terminated in 
accordance with paragraph 6 of this Article. 

This Agreement may be amended by written agreement of the Parties. Amendments 
shall enter into force after the Parties have notified each other of the completion of 
their internal procedures necessary for this purpose. 

Each  Party  may  suspend  in  whole  or  in  part  this  Agreement  for  reasons  of  public 
order, protection of national security or protection of public health. The decision on 
suspension shall be notified to the other Party not later than 48 hours before its entry 
into  force.  The  Party  that  has  suspended  the  application  of  this  Agreement  shall 
immediately  inform  the  other  Party  once  the  reasons  for  the  suspension  no  longer 
apply. 

6. 

Each Party may terminate this Agreement by giving written notice to the other Party. 
This Agreement shall cease to be in force 90 days after the date of such notification. 

Done at … on the … day of … in the year … in duplicate in the Bulgarian, Czech, Danish, 
Dutch,  English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian, 
Lithuanian,  Maltese,  Moldovan,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish 
and Swedish languages, each of these texts being equally authentic. 

For the European Community 

For the Republic of Moldova 

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ANNEX 

PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT 
FULLY APPLY THE SCHENGEN ACQUIS 

Those  Member  States  which  are  bound  by  the  Schengen  acquis  but  which  do  not  issue  yet 
Schengen  visas,  while  awaiting  the  relevant  decision  of  the  Council  to that  end,  shall  issue 
national visas the validity of which is limited to their own territory. 

These  Member  States  may  unilaterally  recognize  Schengen  visas  and  residence  permits  for 
the  transit  through  their  territory,  in  accordance  with  European  Parliament  and  Council 
Decision No 895/2006/EC of 14 June 2006. 

As  European  Parliament  and  Council  Decision  No  895/2006/EC  of  14  June  2006  does  not 
apply  to  Romania  and  Bulgaria;  similar  provisions  will  be  proposed  by  the  European 
Commission in order to enable these countries to unilaterally recognize Schengen visas and 
residence permits and other similar documents issued by  other  Member States not yet fully 
integrated into the Schengen area for the purpose of transit through their territory. 

JOINT DECLARATION CONCERNING DENMARK 

The Parties take note that the present Agreement does not apply to the procedures for issuing 
visas by the diplomatic missions and consular posts of the Kingdom of Denmark. 

In such circumstances, it is desirable that the authorities of Denmark and of the Republic of 
Moldova conclude, without delay, a bilateral agreement on the facilitation of the issuance of 
short-stay visas in similar terms as the Agreement between the European Community and the 
Republic of Moldova. 

JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND 

The Parties take note that the present Agreement does not apply to the territory of the United 
Kingdom and Ireland.  

In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and 
the Republic of Moldova, conclude bilateral agreements on the facilitation of the issuance of 
visas. 

JOINT DECLARATION CONCERNING ICELAND AND NORWAY 

The Parties take note of the close relationship between the European Community and Norway 
and  Iceland,  particularly  by  virtue  of  the  Agreement  of  18  May  1999  concerning  the 
association  of  these  countries  with  the  implementation,  application  and  development  of  the 
Schengen acquis.  

In such circumstances, it is desirable that the authorities of Norway, Iceland and the Republic 
of Moldova conclude, without delay, bilateral agreements on the facilitation of the issuance 
of short-stay visas in similar terms as the Agreement between the European Community and 
the Republic of Moldova. 

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JOINT  DECLARATION  CONCERNING  SWISS  CONFEDERATION  AND 
LIECHTENSTEIN (if needed) 

P.M. - If the Agreement between the EU, the EC and the Swiss Confederation concerning the 
Swiss Confederation’s association with the implementation, application and development of 
the  Schengen  acquis  and  the  Protocols  to  this  Agreement  concerning  Liechtenstein  has 
entered into force by the time negotiations with the Republic of Moldova have concluded, a 
similar declaration will also be made in respect of Switzerland and Liechtenstein. 

EUROPEAN COMMUNITY DECLARATION ON ACCESS OF VISA APPLICANTS 
AND  HARMONISATION  OF  INFORMATION  ON  PROCEDURES  FOR  ISSUING 
SHORT-STAY VISAS AND DOCUMENTS TO BE SUBMITTED WHEN APPLYING 
FOR SHORT-STAY VISAS 

Recognizing  the  importance  of  transparency  for  visa  applicants,  the  European  Community 
recalls  that  the  legislative  proposal  on  the  recast  of  the  Common  Consular  Instructions  on 
visas  for  the  diplomatic  missions  and  consular  posts  adopted  on  19  July  2006  by  the 
European Commission and currently under discussions between the European Parliament and 
the  Council,  addressed  the  issue  of  conditions  of  access  of  visa  applicants  to  diplomatic 
missions and consular posts of the Member States. 

Regarding  the  information  to  be  provided  to  visa  applicants  the  European  Community 
considers that appropriate measures should be taken: 

In general, to draw up basic information for applicants on the procedures and conditions for 
applying for visas and on their validity, 

The  European  Community  will  draw  up  a  list  of  minimum  requirements  in  order  to  ensure 
that  applicants  from  the  Republic  of  Moldova  are  given  coherent  and  uniform  basic 
information and are required to submit, in principle, the same supporting documents. 

The  information  mentioned  above  is  to  be  disseminated  widely  (on  the  notice  boards  of 
consulates, in leaflets, on websites etc.). 

The diplomatic missions and consular posts of the Member States shall provide information 
about existing possibilities under the Schengen acquis for facilitation of the issuing of short-
stay visas on a case-by-case basis, and in particular for bona fide applicants. 

EUROPEAN  COMMISSION  DECLARATION  ON  REPRESENTATION  AND  THE 
COMMON APPLICATION CENTRE IN CHISINAU 

Recognizing the difficulties Moldovan citizens face when applying for Schengen visas due to 
the  limited  Consular  presence  of  Schengen  Member  States,  the  European  Commission 
strongly  encourages  Member  States,  -  and  particularly  those  Member  States  that  issue 
Schengen visas - to improve their presence in the Republic of Moldova, by making full use of 
the  existing  possibilities:  setting  up  an  own  representation,  being  represented  by  another 
Member  State  or  fully  using  the  several  options  to  be  provided  through  the  Common 
Application Centre in Chisinau. 

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DECLARATIONS ON LOCAL BORDER TRAFFIC 

POLITICAL DECLARATION FROM ROMANIA ON LOCAL BORDER TRAFFIC  

Romania declares its willingness to enter into negotiations of a bilateral agreement with the 
Republic  of  Moldova  for  the  purpose  of  implementing  the  local  border  traffic  regime 
established by the EC Regulation No 1931/2006 of 20 December 2006 laying down rules on 
local  border  traffic  at  the  external  land  borders  of  the  Member  States  and  amending  the 
provisions of the Schengen Convention. 

POLITICAL DECLARATION FROM THE REPUBLIC OF MOLDOVA ON LOCAL 
BORDER TRAFFIC 

The  Republic  of  Moldova  declares  its  willingness  to  enter  into  negotiations  of  a  bilateral 
agreement with Romania for the purpose of implementing such a local border traffic regime. 

*** 

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