Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas - Declarations
Date: 2007-10-10
Institutions: European Community, Moldova
Subjects: EU visa policy, Moldova, agreement (EU)

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between the European Community and the Republic of Moldova on the facilitation of the issuance
of visas

AGREEMENT

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 ter-
ritory of the Republic of Moldova,

WITH A VIEW to further developing friendly relations between the Parties and desiring to facilitate people-to-people con-
tacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by
facilitating the issuance of visas to Moldovan citizens,

HAVING REGARD to the current EU-Moldova ENP Action Plan, which noted that a constructive dialogue on visa coopera-
tion between the EU and Moldova, including an exchange of views on possibilities of visa facilitation in compliance with the
acquis would be established,

RECOGNISING the introduction of a visa-free travel regime for the citizens of the Republic of Moldova as a long term
perspective,

RECOGNISING that if the Republic of Moldova were to reintroduce the visa requirement for EU citizens, the same facilita-
tions granted under this agreement to the citizens of the Republic of Moldova would automatically, on the basis of reci-
procity, apply to citizens of the European Union,

RECOGNISING 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 estab-
lishing the European Community and confirming that the provisions of this agreement do not apply to the United Kingdom
and Ireland,

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 King-
dom 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.
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, this Agreement or other
international agreements.

2.
The national law of the Republic of Moldova, or of the
Member States or Community law shall apply to issues not cov-
ered 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.

Article 3

Definitions

For the purpose of this Agreement:

(a)

‘Member State’ shall mean any Member State of the European
Union, with the exception of the Kingdom of Denmark, Ire-
land and the United Kingdom;

(b)

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

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(c)

‘Citizen of the Republic of Moldova’ shall mean a person who
holds the citizenship 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:

(d)

‘Visa’ shall mean an authorisation 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;

(e)

‘legally residing person’ shall mean a citizen of the Republic
of Moldova authorised or entitled to stay for more than 90
days in the territory of a Member State, on the basis of Com-
munity or national legislation.

Article 4

Documentary evidence regarding the purpose of the
journey

(g)

1.
For the following categories of citizens of the Republic of
Moldova, the following documents shall suffice for justifying the
purpose of the journey to the other Party:

(a)

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

— 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;

(b)

for members of the professions participating in international
exhibitions, conferences, symposia, seminars or other simi-
lar events held in the territory of the Member States:

— a written request from the host organisation 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 com-
pany, state or local authorities of the Member States or
organising committees of trade and industrial exhibi-
tions, conferences and symposia held in the territories of
the Member States, endorsed by the State Chamber of
Registration of the Republic of Moldova;

— a written request from the national association of carri-
ers of the Republic of Moldova providing for interna-
tional 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 Mem-
ber 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;

for persons participating in scientific, cultural and artistic
activities,
exchange
university
programmes:

and other

including

— a written request from the host organisation to partici-

pate in those activities;

(h)

for pupils, students, post-graduate students and accompany-
ing teachers who undertake trips for the purposes of study or
educational training, including in the framework of exchange
programmes 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 cer-
tificates of the courses to be attended;

(i)

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 Olym-
pic Committees of the Member States;

(j)

for participants in official exchange programmes organised
by twin cities and other localities:

— a written request of the Head of Administration/Mayor

of these cities or other localities;

(k)

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

— a written request from the host person;

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(l)

for representatives of civil society organisations when under-
taking trips for the purposes of educational training, semi-
nars, conferences, including in the framework of exchange
programmes:

— a written request issued by the host organisation, a con-
firmation that the person is representing the civil soci-
ety 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 deceased;

(n)

for visiting military and civil burial grounds:

Article 5

Issuance of multiple-entry visas

Diplomatic missions and consular posts of the Member
1.
States shall issue multiple-entry visas with a term of validity of up
to five years to the following categories of persons:

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

(b) permanent members of official delegations who, following
an official invitation addressed to the Republic of Moldova,
are to participate regularly in meetings, consultations, nego-
tiations or exchange programmes, as well as in events held in
the territory of the Member States by intergovernmental
programmes;

— an official document confirming the existence and pres-
ervation of the grave as well as family or other relation-
ship between the applicant and the buried;

(c)

(o)

for persons visiting for medical reasons and necessary accom-
panying persons:

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

The written request mentioned in paragraph 1 shall contain

2.
the following items:

(a)

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;

(b)

for the inviting person: name, surname and address;

(c)

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 regis-
tration number as required by the national law of the
Member State concerned.

3.
For the categories of persons mentioned in paragraph 1, all
categories of visas shall be issued according to the simplified pro-
cedure without requiring any other justification, invitation or vali-
dation concerning the purpose of the journey, provided for by the
legislation of the Member States.

spouses and children (including adopted), who are under the
age of 21 or are dependent, and parents (including custodi-
ans) visiting citizens of the Republic of Moldova legally resid-
ing in the territory of the Member States with the term of
validity limited to the duration of the validity of their autho-
risation for legal residence;

(d) business people and representatives of business organisations

who regularly travel to the Member States;

(e)

journalists.

Diplomatic missions and consular posts of the Member
2.
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:

(a) members of official delegations who, following an official
invitation addressed to the Republic of Moldova, are to par-
ticipate regularly in meetings, consultations, negotiations or
exchange programmes, as well as in events held in the terri-
tory of
intergovernmental
States
organisations;

the Member

by

(b)

representatives of civil society organisations travelling regu-
larly to Member States for the purposes of educational train-
ing, seminars, conferences, including in the framework of
exchange programmes;

(c) members of the professions participating in international
exhibitions, conferences, symposia, seminars or other simi-
lar events who regularly travel to the Member States;

(d) drivers conducting international cargo and passenger trans-
portation services to the territories of the Member States in
vehicles registered in the Republic of Moldova;

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(e) members of train, refrigerator and locomotive crews in inter-
national trains travelling to the territories of the Member
States;

(d) 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
programmes as well as other school related activities;

(f) persons participating in scientific, cultural and artistic activi-
ties, including university and other exchange programmes,
who regularly travel to the Member States;

(e) disabled persons and the person accompanying them,

if

necessary;

(g)

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

(h) participants in international sports events and persons

accompanying them in a professional capacity;

(i) participants in official exchange programmes organised by

twin cities or other localities.

3.
Diplomatic missions and consular posts of the Member
States shall issue multiple-entry visas with a term of validity of a
minimum of two years and a maximum of five years to the cat-
egories of persons referred to in paragraph 2, provided that dur-
ing 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.

(f) persons who have presented documents proving the neces-
sity of their travel on humanitarian grounds, including to
receive urgent medical treatment and the person accompa-
nying such person, or to attend a funeral of a close relative,
or to visit a seriously ill close relative;

(g) participants in international sports events and persons

accompanying them in a professional capacity;

(h) persons participating in scientific, cultural and artistic activi-

ties including university and other exchange programmes;

(i) participants in official exchange programmes organised by

twin cities or other localities;

(j)

journalists;

(k) children under the age of 18 and dependent children under

4.
The total period of stay of persons referred to in para-
graphs 1 to 3 shall not exceed 90 days per period of 180 days in
the territory of the Member States.

the age of 21;

(l) pensioners;

Article 6

Fees for processing visa applications

(m) drivers conducting international cargo and passenger trans-
portation services to the territories of the Member States in
vehicles registered in the Republic of Moldova;

The fee for processing visa applications of citizens of the

1.
Republic of Moldova shall amount to EUR 35.

(n) members of train, refrigerator and locomotive crews travel-

ling to the territories of the Member States;

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

Fees for processing the visa application shall be waived for

2.
the following categories of persons:

(a)

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

(b) members of national and regional Governments and Parlia-
ments, Constitutional Court and Supreme Court if they are
not exempted from the visa requirement by this Agreement;

(o) members of the professions participating in international
exhibitions, conferences, symposia, seminars or other simi-
lar events held in the territory of the Member States.

3.
By way of derogation from paragraph 1, 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 Deci-
sion for their full implementation of the Schengen acquis on visa
policy.

Article 7

Length of procedures for processing visa applications

(c) members of official delegations who, following an official
invitation addressed to the Republic of Moldova, are to par-
ticipate in meetings, consultations, negotiations or exchange
programmes, as well as in events held in the territory of the
Member States by intergovernmental organisations;

1.
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.

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The period of time for taking a decision on a visa applica-
2.
tion may be extended to up to 30 calendar days in individual
cases, notably when further scrutiny of the application is needed.

Community shall be represented by the Commission of the Euro-
pean Communities, assisted by experts from the Member States.

The period of time for taking a decision on a visa applica-
3.
tion may be reduced to two working days or less in urgent cases.

2.

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

(a) monitoring the implementation of this Agreement;

Article 8

(b)

suggesting amendments or additions to this Agreement;

Departure in the 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 terri-
tory 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 authorisation.

(c)

settling disputes arising out of the interpretation or applica-
tion of the provisions in this Agreement.

The Committee shall meet whenever necessary at the

3.
request of one of the Parties and at least once a year.

4.

The Committee shall establish its rules of procedure.

Article 9

Extension of visa in exceptional circumstances

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

Article 13

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.

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 this
Agreement.

Article 10

Diplomatic passports

Article 14

Reciprocity clause

1.
Citizens of the Republic of Moldova who are holders of
valid diplomatic passports may enter, leave and transit through
the territories of the Member States without visas.

2.
Persons mentioned in paragraph 1 may stay in the territo-
ries of the Member States for a period not exceeding 90 days per
period of 180 days.

Should the Republic of Moldova reintroduce the visa requirement
for citizens of the European Union or certain categories of such
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 the citizens of the European Union
concerned.

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, citizens of the Republic of
Moldova shall be entitled to travel within the territory of the
Member States on equal basis with citizens of the European Union

Article 12

Joint Committee for management of this Agreement

Article 15

Final clauses

1.
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.

2.
By way of derogation from paragraph 1, this Agreement
shall only enter into force on the date of the entry into force of
the Agreement between the European Community and the Repub-
lic of Moldova on readmission of persons if this date falls after the
date provided for in paragraph 1.

1.
The Parties shall set up a Joint Committee of experts (here-
inafter referred to as the Committee), composed of representatives
of the European Community and of the Republic of Moldova. The

This Agreement shall be concluded for an indefinite period

3.
of time, unless terminated in accordance with paragraph 6.

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This Agreement may be amended by written agreement of
4.
the Parties. Amendments shall enter into force after the Parties
have notified each other of the completion of their internal pro-
cedures necessary for this purpose.

Each Party may suspend in whole or in part this Agreement
5.
for reasons of public order, protection of national security or pro-
tection of public health. The decision on suspension shall be noti-
fied to the other Party not later than 48 hours before its entry into

force. The Party that has suspended the application of this Agree-
ment 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 Brussels on the tenth day of October in the year two thousand and seven in duplicate in the Bulgarian,
Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithua-
nian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Moldovan languages,
each of these texts being equally authentic.

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За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
Az Európai Közösség részéről
Għall-Komunitá Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
För Europeiska gemenskapen
Pentru Comunitatea Europeană
Pentru Comunitatea Europeană

За Република Молдова
Por la República de Moldova
Za Moldavskou republiku
For Republikken Moldova
Für die Republik Moldau
Moldova Vabariigi nimel
Για τη Δημοκρατία της Μολδαβίας
For the Republic of Moldova
Pour la République de Moldova
Per la Repubblica di Moldova
Moldovas Republikas vārdā
Moldovos Respublikos vardu
A Moldovai Köztársaság részéről
Għar-Repubblika tal-Moldova
Voor de Republiek Moldavië
W imieniu Republiki Mołdowy
Pela República da Moldávia
Pentru Republica Moldova
Za Moldavskú republiku
Za Republiko Moldavijo
Moldovan tasavallan puolesta
För Republiken Moldavien
Pentru Republica 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 yet issue 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 recognise Schengen visas and residence permits for the transit through their territory,
in accordance with Decision No 895/2006/EC of the European Parliament and of the Council of 14 June 2006.

As Decision No 895/2006/EC of 14 June 2006 does not apply to Romania and Bulgaria, similar provisions will be pro-
posed by the European Commission in order to enable these countries to unilaterally recognise Schengen visas and resi-
dence 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.

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JOINT DECLARATION CONCERNING DENMARK

The Parties take note that the 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 con-
clude, 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 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 con-
clude, 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.

JOINT DECLARATION CONCERNING THE SWISS CONFEDERATION AND LIECHTENSTEIN

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 been concluded, a similar declaration will also be made in respect of Switzerland and
Liechtenstein.

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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

Recognising the importance of transparency for visa applicants, the European Community recalls that the leg-
islative 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 appli-
cants to diplomatic missions and consular posts of the Member States.

Regarding the information to be provided to visa applicants, the European Community considers that appro-
priate 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 prin-
ciple, 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 pos-
sibilities 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

Recognising the difficulties Moldovan citizens face when applying for Schengen visas due to the limited Con-
sular 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 repre-
sented by another Member State or fully using the several options to be provided through the Common Appli-
cation 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 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 Roma-
nia for the purpose of implementing such a local border traffic regime.