REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the Implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
Date: 2012-06-22
Institutions: European Commission
Subjects: EU visa policy, Moldova, Roma, biometrics, corruption, data protection, fight against crime, human rights, illegal migration, judicial cooperation, passport, police cooperation, return migration, terrorism

EUROPEAN COMMISSION 

Brussels, 22.6.2012  
COM(2012) 348 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the Implementation by the Republic of Moldova of the Action Plan on Visa 
Liberalisation 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the Implementation by the Republic of Moldova of the Action Plan on Visa 
Liberalisation 

I. Introduction 

The EU-Republic of Moldova Visa Dialogue examining the conditions for visa-free travel for 
citizens  of  the  Republic  of  Moldova  to  the  EU  was  launched  on  15  June  2010.  The  Action 
Plan  on  Visa  Liberalisation  (VLAP)1  was  presented  to  the  Moldovan  authorities  by  the 
Commission on 24 January 2011. The VLAP sets a series of benchmarks for the Republic of 
Moldova on four 'blocks' of relevant issues, with the view of both the adoption of a legislative 
and policy framework (phase 1) and its effective implementation (phase 2). 

The Commission has regularly reported to the European Parliament and to the Council on the 
implementation  of  the  VLAP.  The  First  Progress  Report  on  the  implementation  by  the 
Republic  of  Moldova  of  the  Action  Plan  on  Visa  Liberalisation  was  presented  on  16 
September 20112. A Senior Officials Meeting took place on 7 October 2011, during which the 
First Progress Report was presented and the next steps in the process were discussed.  

Evaluation missions on Blocks 2, 3 and 4 of the VLAP were organised in the second half of 
October and at the beginning of November 2011, involving experts from EU Member States 
accompanied  by  officials  of  the  Commission  services  and  the  EEAS.  The  purpose  of  these 
expert  missions  was  to  assess  the  legislative,  policy  and  institutional  framework  under  the 
first  phase  benchmarks  of  the  VLAP  and  its  compliance  with  European  and  international 
standards. The expert reports were finalised in December 2011. 

The  Second  Progress  Report  on  the  implementation  by  the  Republic  of  Moldova  of  the 
Action  Plan  on  Visa  Liberalisation  was  issued  on  9  February  20123.  A  Senior  Officials 
Meeting  took  place  on  27  February  2012  during  which  the  Second  Progress  Report  was 
presented and the next steps in the process were discussed. 

This Commission Report is the third and final progress report on first phase of the VLAP. It 
presents a consolidated assessment by the Commission of the progress made by the Republic 
of Moldova in meeting the first phase benchmarks of the VLAP related to the establishment 
of the legislative, policy and institutional framework. 

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Council document18078/10. 
SEC (2011) 1075 final. 
SWD (2012)12 final. 

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II. Assessment of measures under the four blocks of the Visa Liberalisation Action Plan 

Block 1: Document security, including biometrics  

General assessment 

The  legislative  framework  is  in  place.  A  clear  schedule  has  been  provided  for  the  complete 
roll-out  of  International  Civil  Aviation  Authority  (ICAO)-compliant  biometric  passports, 
including  at  Moldovan  consulates  abroad,  as  well  as  for  the  complete  phasing-out  of  non-
ICAO compliant passports.  

The  Commission  considers  that  the  Republic  of  Moldova  meets  the  benchmarks  set  under 
Block 1. 

Detailed comments 

• 

Consolidation  of  the  legal  framework  for  the  issuing  of  machine-readable 
biometric passports in full compliance with the highest ICAO standards on the 
basis of secure identity management (civil registry and breeder documents) and 
taking into account adequate protection of personal data 

The  legal  framework  for  issuing  machine-readable  biometric  passports,  in  full  compliance 
with the highest ICAO standards, has been supplemented by two laws adopted on 9 June 2011 
and  a  Government  decision  adopted  on  10  May  2011.  These  additional  provisions  ensure  a 
consolidated  framework  for  secure  identity  management.  In  addition,  an  additional  law  was 
adopted on 27 December 2011 which ensures that the one person one document principle is 
now also foreseen in relation to diplomatic and service passports. 

• 

Adoption of an Action Plan containing a timeframe for the complete roll-out of 
ICAO-compliant biometric passports, including at Moldovan consulates abroad, 
and the complete phasing out of non-ICAO-compliant passports 

An Action Plan with a clear schedule has been adopted.  

• 

Establishment  of  training  programmes  and  adoption  of  ethical  codes  on  anti-
corruption, targeting officials of any public authority that deals with passports, 
as well as identity cards and other breeder documents 

The 'Ethical Code for staff working in civil registration and document issuance' was adopted 
on  1  April  2011.  It  refers  to  the  Labour  Code  for  sanctions  in  the  event  of  violation  of  its 
provisions. It introduces provisions on conflicts of interest, incompatibilities and obligation to 
report irregularities.  

The Order 'on some prevention measures against corruption and protectionism' was approved 
on 31 May 2011 by the Director General of the CSIR 'Registru' and was followed by the 'Risk 
Management  Action  Plan  on  corruption  risks  in  the  area  of  population  documentation  and 
civil status registration' on 11 August 2011. The 'Management plan of corruption risks in the 
field of population documentation' was approved on 5 April 2012 by the Director General of 
the  CSIR  'Registru'.  Training  courses  for  the  employees  of  the  territorial  subdivisions  for 
population documentation were given during 2011 and in the first trimester of 2012.  

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Block 2: Irregular immigration, including readmission 

General assessment 

In  the  area  of  border  management,  the  relevant  legislation  was  adopted.  The  institutional 
framework is in place, including provisions on training and ethical codes to fight corruption.  

With  regard  to  migration  management,  the  Republic  of  Moldova  has  laid  down  a 
comprehensive  basis  for  an  efficient  migration  management  system  and  the  relevant 
legislative  framework  is  in  place.  Although  some  improvements  are  necessary,  the 
instruments adopted are largely in line with European and international standards. Most of the 
institutional  framework  is  in  place,  although  more  resources  should  be  allocated  to  the 
implementation of the relevant provisions.  

In  the  area  of  asylum,  there  is  a  solid  legislative  basis  largely  in  line  with  European  and 
international standards.  

The Commission considers that the Republic of Moldova generally meets the benchmarks set 
under Block 2. 

Detailed comments by policy area 

Block 2 / topic 1 - Border management 

• 

Consolidation  of  the  legal  framework  for  border  management  including 
adoption  of  a  new  Law  on  the  State  Border,  allowing  the  Moldovan  Border 
Guard Service to participate in the detection and investigation of cross border 
crime  in  cooperation  with  all  competent  law  enforcement  authorities  and 
extending  its  area  of  responsibility  to  the  whole  territory,  as  well  as  a  legal 
framework  for  efficient  inter-agency  cooperation  between  the  Border  Guard 
Service,  law  enforcement  agencies  and  other  agencies  involved  in  border 
management 

The Law on the State Border was adopted on 4 November 2011, published on 20 April 2012 
and  will  enter  into  force  on  1  July  2012.  It  follows  the  definitions  and  framework  of  the 
Schengen Borders Code (Regulation (EC) 562/2006) and also takes into account the European 
Union legal framework for carriers’ liability. As such, it provides a good framework for other 
legislation and policy papers. Adoption of the relevant bylaws is planned before the entry into 
force of the law. 

The Law on Border Police was adopted on 28 December 2011, published on 20 April 2012 
and will enter into force on 1 July 2012. The law provides a good basis for demilitarisation 
and professionalization of the Border Guard Service, which will be transformed into a Border 
Police. The law lays a solid foundation for modern border management. It also confers to the 
Border Police the competences and executive powers necessary for efficient border policing. 
In  particular,  the  legislation  will  allow  the  Border  Police  to  participate  in  detection  and 
investigation  of  cross  border-crime  in  cooperation  with  all  competent  law  enforcement 
authorities. It will also extend the Border Police area of responsibility to the whole territory. 
Furthermore,  the  law  provides  a  legal  framework  for  efficient  inter-agency  cooperation 
between  the  Border  Police,  other  law  enforcement  agencies  and  other  agencies  involved  in 
border  management.  However,  cooperation  arrangements,  operational  procedures  and  the 

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division of tasks should be further clarified. In particular, procedures for surveillance of aliens 
and for dealing with detected illegal immigrants and asylum-seekers should be agreed through 
cooperation protocols at least.  

The  Law  on  the  amendment  of  the  Contravention  Code  was  adopted  on  21  October  2011, 
published  on  16  December  2011  and  will  enter  into  force  on  1  July  2012.  It  grants  to  the 
Border Police the competencies for examination of administrative offences such as violation 
of  state  border  regime  and  rules  on  crossing  the  state  border,  damage  and  destruction  of 
border  signs  and  violations  of  the  rules  on  foreigners'  residence  rights  in  the  Republic  of 
Moldova.  

The  Law  on  the  amendment  of  the  Contravention  Code  regarding  carriers'  liability  was 
adopted  on  23  February  2012.  It  imposes  sanctions  for  violations  of  rules  on  transporting 
foreigners into the country and is in line with international and European standards. 

The  Moldovan  Border  Guard  Service  has  cooperation  agreements  and  protocols  with  the 
neighbouring countries, namely Romania and Ukraine, which provide a basis for cooperation 
with  border  guards  in  those  neighbouring  countries.  Cooperation  agreements  have  been 
signed with several EU Member States (Latvia, Lithuania, Estonia, Hungary and Poland), as 
well  as  with  Russia  and  Georgia.  The  Border  Guard  Service  intends  to  finalise  cooperation 
agreements with the border guard services from Belarus and Kazakhstan in 2012. A working 
arrangement  with  FRONTEX  was  signed  in  August  2008  and  the  Republic  of  Moldova  is 
fully  committed  to  and  active  in  its  cooperation  with  the  EU  Border  Assistance  Mission 
(EUBAM).  A  new  Cooperation  Plan  for  2012-2014  was  signed  in  December  2011  by 
FRONTEX and the Republic of Moldova.  

• 

Adoption  of  an  Action  Plan  for  the  effective  implementation  of  the  National 
Integrated  Border  Management  Strategy,  containing  a  timeframe  and  specific 
objectives 
legislation,  organisation, 
infrastructure,  equipment,  as  well  as  sufficient  financial  and  human  resources 
in the area of border management 

further  development  of 

the 

for 

The National Strategy on Integrated Border Management (IBM) for 2011-2013 was adopted 
on 27 December 2010. It addresses all topics relevant for efficient border management and is 
in line with European standards and best practices.  

The IBM Action Plan for 2011-2013 was approved on 16 May 2011. It contains more detailed 
plans on how the national IBM Strategy will be implemented, including concrete objectives 
and  actions.  Like  the  IBM  Strategy,  the  IBM  Action  Plan  is  well  drafted  and  includes  all 
topics  relevant  for  implementing  the  IBM  Strategy.  The  main  objectives  cover  areas 
connected  with  improving  the  legislative  and  policy  framework,  border  control  and  inter-
agency  and  international  cooperation  and  with  developing  the  organisational  structure, 
management of human resources, logistics and a risk analysis system. In the implementation 
phase,  the  IBM  Action  Plan  should  be  supplemented  by  more  detailed  plans  which  include 
inter  alia  numbers  and  locations  of  equipment  and  devices,  as  well  as  plans  on  establishing 
coordination centres, an Air Surveillance Service and a Document Examination Centre. 

The legislative framework provides for sufficient financial and human resources in the area of 
border management.  

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• 

Establishment  of  training  programmes,  and  adoption  of  ethical  codes  on  anti-
corruption specifically targeting border guards, customs and any other officials 
involved in border management 

A  number  of  training  programmes,  both  theoretical  and  practical,  have  been  established,  at 
both basic and university level. Continuous training for (internal and external) staff aiming to 
raise the level of professionalism is also provided. The training programmes in place offer a 
good framework to provide for professional border management.  

An  appropriate  policy  framework  for  corruption  prevention  and  for  ethical  behaviour  of 
officers is in place. The Deontological Code for border guards, including rules on behaviour 
in  case  of  conflict  of  interests  and  principles  for  the  use  of  force  was  approved  on  13  June 
2008. The Customs Service has a similar ethical code. Moreover, the Law on Border Police 
spells  out  border  police  officers’  rights  and  obligations  and,  in  this  context,  also  includes 
ethical  norms.  The  IBM  Strategy  and  the  IBM  Action  Plan  include  measures  on  corruption 
prevention.  They  take  into  account  the  Schengen  Catalogue's  recommendations  and  best 
practices. In addition, several anti-corruption activities have been launched under the auspices 
of the EUBAM. 

Block 2 / topic 2 - Migration management 

• 

Consolidation of the legal framework for migration policy, including measures 
for  the  reintegration  of  Moldovan  citizens  (returning  voluntarily  or  under  the 
EU-Republic  of  Moldova  readmission  agreement)  and  the  fight  against 
irregular migration (including efforts to conclude readmission agreements with 
main countries of origin and inland detection of irregular migrants) 

A new Law on foreigners in the Republic of Moldova was adopted on 16 July 2011. It is a 
framework  law  on  the  legal  procedures  for  granting  residence  rights  to  foreigners  in  the 
Republic  of  Moldova.  Its  extensive  provisions  cover  all  fields  of  immigration  matters. 
Additional operational procedures have been in place since July 2011, bringing greater clarity 
to the new law. However, some older national laws still apply to legal stays of foreigners in 
the  Republic  of  Moldova.  In  order  to  increase  legal  certainty,  they  should  be  repealed  and 
integrated into the new law (see also below under Block 4).  

A 'one-stop-shop' was established within the Bureau for Migration and Asylum (BMA) under 
the new 'Law on foreigners' in January 2011. The new law makes procedures for applying for 
visas, residence and work in the Republic of Moldova clearer and simpler. It is an important 
step forward in development of a migration management system. 

The  Law  on  Integration  of  Foreigners  was  adopted  on  27  December  2011,  published  on  13 
March  2012  and  will  enter  into  force  on  1  July  2012.  It  brings  greater  legal  certainty  with 
regard to the integration rights and facilities that are to be provided for the eligible foreigners 
residing in the Republic of Moldova.  

Concerning  the  reintegration  of  Moldovan  migrants  back  into  the  country,  the  Republic  of 
Moldova is developing a new Action Plan to replace the former Plan on fostering the return of 
Moldovan migrant workers from abroad. A number of activities have been implemented, such 
as  the  PARE  1+1  Programme,  which  foresees  training  on  entrepreneurial  skills  as  well  as 
financial  assistance  for  business  start-ups.  In  addition,  activities  aimed  at  improving  the 
system  for  the  recognition  of  skills  and  qualifications,  as  well  as  strengthening  the  local 
labour  market  have  been  implemented,  including  in  the  context  of  the  EU-Republic  of 
Moldova Mobility Partnership.  

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The Law on the Republic of Moldova's accession to the Convention on the Status of Stateless 
Persons was adopted on 27 December 2011. The law on the accession to the Convention on 
the  reduction  of  Statelessness  was  adopted  on  8  December  2011.  These  laws  fill  the 
legislative gap in this field.  

The  Republic  of  Moldova  issued  Methodological  Recommendations  on  fight  against  illegal 
stay of foreigners, which provide operational guidelines for immigration officers working at 
local level.  

With regard to institutional capacity, the BMA was empowered with complex prerogatives, as 
the main body responsible for managing migration flows on the territory of the Republic of 
Moldova. Further capacity building of the BMA is needed, especially at local level, as well as 
establishing cooperation protocols between the relevant bodies of the Ministry of the Interior, 
which would clarify the division of competences during the immigration procedures.  

The  Republic  of  Moldova  is  party  to  readmission  agreements  with  the  European  Union  (in 
force since 1 January 2008), Ukraine (1997), Switzerland (2004 and 2010), Norway (2006), 
the  Former  Yugoslav  Republic  of  Macedonia  (2008),  Serbia  (2011)  and  Denmark  (2011). 
Between 2009 and 2011, the Republic of Moldova signed additional implementing protocols 
to  the  EU-Republic  of  Moldova  Readmission  Agreement  with  11  EU  Member  States. 
Negotiations are under way with another 11 EU Member States.  

In the meantime, negotiations for readmission agreements between the Republic of Moldova 
and main countries of origin of irregular migrants continue. In 2007, a draft intergovernmental 
agreement on readmission of persons residing without authorisation was approved and sent to 
Russia,  Uzbekistan,  Tajikistan,  Georgia,  Azerbaijan,  Armenia,  Kazakhstan,  Belarus, 
Kirghizstan,  Turkmenistan,  Turkey,  Syria,  Bangladesh,  India,  Lebanon,  Pakistan,  Jordan, 
Afghanistan,  Iran,  Iraq,  China,  Bosnia  Herzegovina  and  Montenegro.  Negotiations  are 
effectively under way with Russia, Montenegro and Bosnia Herzegovina. Negotiations on the 
signing  of  a  new  readmission  agreement  with  Ukraine  have  been  launched.  Some 
developments  have  been  reported  in  the  negotiations  with  Turkey.  The  Turkish  authorities 
have  asked  the  Moldovan  authorities  to  consider  a  visa  free  regime.  According  to  the 
Republic  of  Moldova,  one  of  the  preconditions  would  be  the  conclusion  of  a  readmission 
agreement with Turkey. 

• 

Adoption  of  a  National  Migration  Management  Strategy  for  effective 
implementation of the legal framework for migration policy and an Action Plan, 
containing  a  timeframe,  specific  objectives,  activities,  results,  performance 
indicators and sufficient human and financial resources 

The Strategy on Migration and Asylum was adopted on 6 July 2011. It is an important policy 
tool for managing migration flows. The Strategy identifies objectives for a sufficiently long 
period  of  time  (2011-2020)  and  defines  principles  that  will  ensure  comprehensive  and 
consistent  implementation  of  policies.  It  also  assigns  the  role  of  coordination  of  activities 
regarding the migration process in the Republic of Moldova to a Governmental Commission. 
The Strategy will be implemented through the Action Plan (2011-2015) that was adopted on 8 
November  2011.  The  Action  Plan  contains  detailed  activities  for  achieving  the  long  term 
objectives  of  the  Strategy,  the funding  allocation,  the institutions responsible,  deadlines  and 
progress indicators. 

Appropriate human resources should be made available for the relevant authorities (especially 
the BMA) to fulfil their tasks for overall implementation of the Strategy.  

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• 

Establishment of a mechanism for the monitoring of migration stocks and flows, 
defining  a  regularly  updated  migration  profile  for  the  Republic  of  Moldova, 
with  data  both  on  irregular  and  legal  migration,  and  establishing  bodies 
responsible for the collection and analysis of data on migration stocks and flows 

The complex Extended Migration Profile exercise, carried out by International Organisation 
for  Migration  (IOM)  Republic  of  Moldova  with  financial  support  from  the  European 
Commission, is well advanced. This tool will help Moldovan authorities to manage migration 
better and to include migration issues in other policies, such as employment and social policy, 
for  the  overall  development  of  the  country.  The  Migration  Profile  was  considered  best 
practice  at  the  Global  Forum  on  Migration  and  Development  (GFMD)  which  took  place  in 
December 2011 and Moldovan authorities have been active in sharing their expertise in that 
regard. The BMA was given the task to regularly update the Migration Profile.  

The “Migration and Asylum” Informational Integrated Automatic System is in the process of 
being  established.  The  different  sub-systems  are  being  developed.  Inter-agency  cooperation 
with  regard  to  collecting  and  analysing  data  on  migrants,  including  the  extent  of 
interconnection between information systems containing data about migrants will need to be 
further clarified. 

Block 2 / topic 3 - Asylum policy  

• 

Consolidation  of  the  legal  framework  for  asylum  policy  through  adoption  of 
legislation  on  the  integration  of  refugees  or  beneficiaries  of  other  forms  of 
protection 

The  Republic  of  Moldova  has  adopted  a  solid  legislative  framework  for  asylum  in  a  very 
short period of time. The most important law is the 'Law on Asylum', which was adopted on 
18  December  2008  and  entered  into  force  on  13  March  2009.  It  provides  the  necessary 
institutional framework, legal procedures and principles and is largely in line with European 
and  international  standards.  However,  some  of  its  elements  require  improvement.  The  law 
foresees  the  possibility  for  refugees  to  apply  for  a  travel  document  but  does  not  oblige  the 
authorities  to  grant  one  (it  is  a  'may'  clause).  During  the  implementation  phase,  efforts  will 
have  to  be  undertaken  in  order  to  ensure  that  travel  document  are  delivered  to  the 
beneficiaries of international protection. The authorities plan to be able to issue the documents 
by July 2012. In addition, the law foresees wider grounds for exclusion from refugee status 
and  refoulement  than  the  1951  Convention.  It  should  be  amended  accordingly.  Some 
improvements should also be made to the law to allow the asylum-seekers the possibility to 
clarify  any  inconsistencies  and  gaps  in  their  account  and  have  access  to  the  content  of  the 
interview report.  

The  Law  on  Integration  of  Foreigners  was  adopted  on  27  December  2011,  published  on  13 
March  2012  and  will  enter  into  force  on  1  July  2012  (see  above  under  topic  2).  It  contains 
provisions  on  how  to  put  into  practice  the  rights  for  refugees  and  beneficiaries  of 
humanitarian protection described in the 'Law on Asylum'. To that end, the draft law provides 
the  necessary  institutional  framework,  legal  procedures,  mechanisms  and  principles.  It  also 
creates  coordination  mechanisms  with  central  and  local  public  authorities.  In  order  to 
facilitate the integration process, the Republic of Moldova should also consider lowering the 
residency  requirement  for  acquiring  citizenship  by  refugees,  beneficiaries  of  humanitarian 
protection  and  stateless  persons  from  the  current  requirement  of  eight  years  of  legal  and 
habitual residence to five years or fewer. 

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The Regulation on the Activity of the Centre for accommodation of asylum seekers is largely 
in  line  with  European  and  international  standards.  The  most  important  rights,  duties  and 
procedures are covered. Some improvements could be made, however, including with regards 
to  special  provisions  for  vulnerable  groups  or  making  the  right  to  psychological  and  social 
assistance unconditional.  

Block 3: Public order and security 

General assessment  

The legislative and policy framework on preventing and fighting organised crime has been 
established.  The  Law  on  organised  crime  was  adopted  as  well  as  the  Strategy  and  the 
accompanying  Action  Plan  and  they  are  largely  in  line  with  the  European  and  international 
standards.  

The  legislative  and  policy  framework  on  preventing  and  fighting  trafficking  in  human 
beings is consolidated, in line with the European and international standards. The Action Plan 
for 2012-2013 provides for a holistic approach in addressing THB.  

Regarding the anti-corruption policy, a comprehensive legislative and policy framework is 
in place and in an advanced stage of consolidation. The Republic of Moldova has passed and 
is  about  to  pass  a  considerable  number  of  legislative  amendments  aimed  at  aligning  the 
legislative  framework  with  the  main  European  and  international  instruments.  The  Anti-
Corruption Strategy and the Action Plan 2012-2013 were adopted. A new Law on the Centre 
for  Combating  Economic  Crimes  and  Corruption  (renamed  National  Anti-Corruption 
Centre)  was  adopted.  The  strategic  planning  and  needs  assessment  should  be  further 
improved in order to ensure an effective implementation. Capacity, distribution of powers and 
cooperation  among  institutions  with  tasks  in  the  anti-corruption  field  should  be  further 
strengthened. 

Regarding  the  law  enforcement  cooperation,  coordination  should  be  further  improved  in 
order to allow an effective exchange of information. The legislative and policy framework for 
preventing and fighting money laundering and the financing of terrorism is in place, in line 
with the European and international standards. 

The Republic of  Moldova has  acceded to  all  UN and  Council  of Europe conventions in the 
area  of  public  order  and  security  and  to  a  large  majority  of  UN  and  Council  of  Europe 
Conventions regarding the fight against terrorism. Further steps should be taken, especially by 
the EU side, towards negotiating agreements with Europol and Eurojust.  

The adopted legislative and institutional framework on data protection is largely in line with 
European  standards.  The  Republic  of  Moldova  put  in  place  the  legislative,  policy  and 
institutional framework required in the anti-drug policy, which is in line with European and 
international  standards.  The  legislative  framework  regarding  judicial  cooperation  in 
criminal  matters  was  further  consolidated.  The  Republic  of  Moldova  signed  the  2nd 
Additional  Protocol  to  the  Council  of  Europe  Convention  on  Mutual  Legal  Assistance  in 
Criminal Matters which is now pending ratification. 

Important institutional reforms, relevant for the whole area of public order and security, like 
the  Reform  of  the  Ministry  of  the  Interior  and  its  subordinated  and  decentralised  structures, 
and the Justice Reform were adopted, and subsequently further developed: a Reform Centre 
was created in March 2012; the Strategic Development Plan of the Ministry of Interior 2012 - 
2014  is  being  implemented;  additional  legislation  relevant  for  the  reform  process  is  in  an 

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advanced stage of adoption. The Justice Reform is being pursued and the Action Plan on the 
implementation of the Strategy was approved by Parliament. 

Regarding  the  Action  Plans  under  Block  3,  further  attention  will  be  paid  to  their  expected 
results,  timeframe/deadlines,  performance  indicators  and  the  necessary  human  and  financial 
resources for their implementation. 

The Commission considers that the Republic of Moldova generally meets the benchmarks set 
under Block 3. 

Detailed comments 

Block 3 / topic 1 - Preventing and fighting organised crime, terrorism and corruption 

• 

Adoption  of  a  law  and  comprehensive  strategy  on  preventing  and  fighting 
organised  crime,  together  with  an  action  plan  containing  a  timeframe,  specific 
objectives, activities, results, performance indicators and sufficient human and 
financial resources 

The Law on Preventing and Combating Organised Crime in a revised version was adopted by 
the Parliament on 22 March 2012. The Law introduces a distinction between the preventive 
and  procedural  measures  and  indicates  the  applicable  procedures  in  the  field  of  organised 
crime. It contains, inter alia, measures to prevent and combat the creation of new groups or 
criminal  organisations,  measures  to  prevent  and  combat  criminal  activity,  information 
campaigns to prevent and fight organised crime, operative monitoring of people vulnerable to 
being attracted in organised criminal activity. The law also indicates the authorities that have 
competences in  this  area:  the  General  Prosecutor's  Office, the  Ministry  of Interior,  the 
Ministry  of Justice,  the  Intelligence and Security  Service,  the Anti-Corruption  Centre and 
the border police.  

The law provides a basis for vocational trainings for experts, in association with international 
organisations and NGOs. The Law could however benefit from a further alignment with the 
horizontal  European  and  international  instruments  such  as  the  UN  Convention  on 
Transnational Organised Crime. More specific definitions could be included on the organised 
groups and the criminal offences to which the Law applies. Further alignment could also be 
made  as  regards  the  criminalisation  of  participation  in  an  organised  criminal  group, 
confiscation  and  seizure,  jurisdiction,  transfer  of  sentenced  persons,  criminalisation  of 
obstruction to justice, protection of witnesses, assistance to and protection of victims as well 
as the collection and analysis of information on the nature and extent of organised crime. 

Regarding the policy framework, the Strategy for Preventing and Fighting organised crime for 
2011-2016  was  approved  by  the  Government  on  22  June  2011  and  the  Action  Plan  on  11 
November 2011. The Strategy foresees the permanent assessment of the threats and risks of 
organised  crime.  It  establishes  basic  principles  for  fighting  organised  crime,  general 
objectives as well as competences of line authorities. The main objectives of the Strategy are 
to  promote  institutional  and  functional  development,  to  improve  management  capacity,  to 
harmonise  the  legislation,  to  improve  operational  activity,  to  consolidate  international 
cooperation  and  to  strengthen  cooperation  between  national  authorities.  It  provides  a  good 
basis  for  tackling  organised  crime  as  long  as  the  methods  and  the  measures  chosen  are 
effective.  The  Action  Plan  covers  the  following  areas:  operational  and  institutional 
development, strengthening of inter-agency and international cooperation, strengthening and 
modernising management capacity, strengthening institutional capacity and adjusting the legal 

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framework  to  the  EU  standards.  The  Action  Plan  includes  a  number  of  general  objectives, 
which  are  adequate,  but  does  not  set  deadlines  for  every  measure  whereas  some  of  the 
progress indicators are not measurable, or not sufficiently precise.  

Regarding  the  institutional  framework,  several  entities  have  competences  in  preventing  and 
combating  organised  crime.  The  General  Prosecutor’s  Office  coordinates  all  the  operative 
activities of these entities. The role of the General Prosecutor should be further strengthened 
in  a  consistent  way  with  the  ongoing  institutional  reforms,  in  particular  the  Justice  and 
Criminal law reforms.  

• 

Consolidation of the legal framework on preventing and fighting trafficking in 
human beings and regular updating of the respective National Plan, including a 
timeframe,  specific  objectives,  activities,  results,  performance  indicators  and 
sufficient human and financial resources 

The legislative and policy framework on preventing and fighting trafficking in human beings 
(THB)  has  been  consolidated  since  several  years.  The  framework  Law  on  Preventing  and 
Fighting Trafficking in Human Beings was adopted in 2005 and has been supplemented by a 
number  of  other  legal  acts,  including  the  relevant  provisions  of  the  Criminal  Code  and 
Criminal Procedural Code as well as international conventions.  

The Law on Ratification of the Council of Europe Convention (Lanzarote Convention) on the 
protection  of  children  against  sexual  exploitation  and  sexual  abuse,  was  adopted  by  the 
Parliament  on  19  December  2011.  The  ratification  instruments  were  deposited  with  the 
Council of Europe on 12 March 2012 and the Convention will enter into force on 1 July 2012. 
A  Law  on  modification  and  amending  the  Criminal  Code  and  Criminal  Procedure  Code  in 
order to adjust the national legislation to the provisions of the Lanzarote Convention has been 
adopted by the Parliament on 12 April 2012.  

The Plan for Preventing and Combating THB for 2010-2011 was approved on 13 September 
2010 and included measures to tackle this phenomenon. An Additional Plan was approved on 
21 December 2010 providing for more concrete measures. One of its goals was to improve of 
the  mechanism  for  investigating  and  prosecuting  the  involvement  of  civil  servants  in  THB 
cases. It also aimed at increasing protection of children who are victims of trafficking, which 
still  remains  an  issue  of  concern.  It  addressed  national  and  international  cooperation, 
awareness raising and information. Both Action Plans included most of the elements required: 
a  timeframe,  specific  objectives,  activities  and  expected  results  but  without  performance 
indicators, nor specific figures on budgetary and other resources.  

The new Action Plan for 2012-2013 has been drafted and is expected to be approved in June 
2012.  It  includes  elements  missing  in  the  previous  Action  Plans.  One  example  is 
prevention/protection of vulnerable groups against the risk of becoming victims of trafficking, 
especially  children  left  behind,  known  as  social  orphans.  The  new  Action  Plan  provides 
progress  indicators  but  does  not  describe  measures  of  performance  in  detail.  It  includes  a 
section aiming at strengthening the monitoring and evaluation of the Action Plan. It focuses 
mainly on increased coordination (both at national and international level) of anti-trafficking 
activities,  on  prevention  of  trafficking  through  capacity  building  and  awareness  raising 
activities,  on  social  assistance  and  protection  of  victims  and  on  strengthening  investigative 
and procedural systems. This is in overall line with international and European instruments on 
THB.  

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The institutional framework is in place and consolidated. The Centre for Fighting Trafficking 
in Human Beings was established in 2006 and is fully operational. The relevant structures in 
these  areas  are  both  at  administrative  level,  namely  the  National  Committee  for  fighting 
trafficking  in  human  beings,  which  is  a  consultative  body  within  the  Government  and  at 
prosecution  level  which  is  monitored  by  a  Coordinating  Council,  chaired  by  the  General 
Prosecutor, who appears to be fully involved in the fight against THB. Moreover, the National 
Referral System for Assistance and Protection of Victims of Trafficking, a framework or co-
operation  between  governmental  and  non-governmental  bodies,  also  includes  multi-
disciplinary teams set up at the regional level.  

• 

Adoption of legislation on preventing and fighting corruption and consolidation 
of  the  anti-corruption  function  of  the  Centre  for  Combating  Economic  Crime 
and Corruption; strengthening coordination and information exchange between 
authorities responsible for the fight against corruption 

The  framework  Law  on  Preventing  and  Fighting  Corruption  was  adopted  in  2008  and 
subsequently  amended.  It  has  been  supplemented  by  a  significant  number  of  relevant  legal 
acts (e.g. the Law on Conflict of Interest, the Law on Code of Conduct for Public Servants, 
the  Law  on  the  Civil  Service  and  the  Status  of  Civil  Servants,  the  Law  on  Declaring  and 
Monitoring the Income and Assets of State Dignitaries, the Law on Public Procurement, etc), 
including the relevant provisions of the Criminal Code, the Criminal Procedure Code and the 
Code of Administrative Offences.  

Several additional steps have been taken to improve the legal framework with a view to 
aligning the national legislation with European and international requirements. A considerable 
number  of  pieces  of  legislation  have  been  prepared  and  adopted  in  2011  and  2012.  The 
legislative  amendments  refer  inter  alia  to:  broadening  the  scope  of  corruption  offences  to 
foreign  and  international  public  servants;  broadening  the  scope  of  bribery  offences  by 
extending  the  elements  of  crime  included  in  this  offence  (e.g.  'offering',  and  'giving'); 
introducing  criminal  liability  for  corrupting  voters;  setting  out  special  confiscation  and 
precautionary measures to compensate for damage and measures on third party confiscation in 
cases the third parties were aware of the illegal origin of the assets; amendments to the system 
for sanctioning protectionism and conflicts of interest set out in the  Code of Administrative 
Offences; introducing liability of legal persons for active corruption offences. 

Additional  legislative  amendments  were  adopted  aiming  at  complying  with  GRECO 
recommendations or United Nations Convention against Corruption (UNCAC) requirements, 
such as: criminalisation of false accounting, strengthening the system for sanctioning breaches 
of the civil servants' code of conduct, strengthening the requirements for reporting corruption 
offences. The safeguards  on protection  of  whistle-blowers against retaliation in both private 
and public sectors would need to be further strengthened in practice. 

The  recommendation  from  the  second  round  of  GRECO  evaluation  regarding  the  legal 
framework  for  the  use  of  special  investigative  measures  in  all  cases  of  corruption  has  been 
dealt  with  partially  given  that  special  investigative  measures  can  be  used  only  for  'serious 
crimes'  and  not  for  other  ordinary  corruption  offences.  The  legislative  framework  was 
changed,  in  order  to  increase  the  level  of  sanctions  for  active  and  passive  bribery  which 
automatically qualified this type of offences as 'serious' crimes for which special investigative 
measures  can  be  used.  However,  the  scope  of  the  provisions  on  use  of  special  investigative 
measures  has  not  been  extended  to  other  ordinary  corruption  offences  which  fall  below  the 
threshold of 'serious crimes', such as the offence of trading in influence. 

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Additional steps have been taken towards addressing some of the GRECO recommendations 
of  the  third  evaluation  round,  notably  as  regards  incriminations  (e.g.  scope  of  corruption 
offences,  liability  of  legal  persons,  scope  of  corruption  offences  in  the  private  sector, 
criminalisation of active trading in influence, etc).  

Financing of political parties and election campaigns remains an area where GRECO has 
highlighted  a  number  of  significant  shortcomings  that  need  to  be  addressed  as  a  matter  of 
priority  in  order  to  ensure  full  transparency,  efficiency  of  supervision  and  an  effective, 
proportionate, and dissuasive sanctioning system for both regular party financing and funding 
of  election  campaigns.  Currently  the  checks  on  party  and  election  campaign  financing  are 
carried  out  by  the  Central  Electoral  Commission  which  comprises  nine  members  (of  whom 
only three are permanent). The current framework could be further strengthened to offer the 
necessary  guarantees  for  detection  and  effective  sanctioning  of  all  cases  of  illegal  party 
financing. Draft legislation on financing of political parties and electoral campaigns is under 
preparation with the view of following-up GRECO's recommendations.  

Reporting by the Moldovan authorities on the implementation of GRECO recommendations 
will  continue  during  2012.  The  Republic  of  Moldova  should  continue  to  implement  the 
GRECO  recommendations  and  further  information  should  be  provided  on  how  the 
outstanding GRECO recommendations will be implemented.  

Public procurement remains one of the areas most vulnerable to corruption, with significant 
deficiencies in practice. A number of laws have an impact on this area and there have been 
intense  discussions  as  to  whether  the  definitions  in  those  laws  are  sufficient  given  the  high 
risks  involved.  The  current  system  includes  a  mandatory  requirement  to  publish  a 
procurement  intention  announcement  prior  to  drawing  up  a  procurement  process  plan. 
However,  often  no  announcement  is  published  and  no  plan  is  drawn  up.  The  sanctioning 
system  is  inefficient.  More  efforts  need  to  be  made  to  ensure  a  fully  transparent  public 
procurement process and dissuasive sanctions in case of breach of the legal requirements.  

In relation to conflicts of interest, incompatibilities and asset declarations, the legislative 
framework  is  in  place.  The  most  significant  shortcoming  concerns  the  efficiency  of  the 
verification and sanctioning mechanisms. The Law on the National Integrity Commission, 
(NIC), was adopted by the Parliament in December 2011. The NIC is in charge of checking 
conflicts  of  interests,  incompatibilities  and  asset  declarations  but  is  not  yet  operational.  The 
law  sets  out  the  tasks  and  the  powers  of  the  NIC,  its  organisation  and  the  procedures  to 
follow.  While  it  is  welcome  that  a  single  institution  was  designated  to  perform  thorough 
checks on conflict of interest, asset declarations and incompatibilities, further guarantees of its 
independence  and  impartiality  in  decision-making  are  necessary,  given  that  its  composition 
leaves  room  to  political  control.  The  president  of  the  NIC  is  to  be  appointed  by  the 
Parliament.  Out  of  five  members,  three  are  proposed  by  the  parliamentary  majority,  one  by 
the  opposition  and  only  one  would  come  from  civil  society  through  open  competition.  The 
current  composition  creates  the  possibility  of  control  of  the  political  majority  over  the 
decisions  of  the  NIC.  The  decisions  on  conflict  of  interest,  asset  declarations  and 
incompatibilities  should  be  impartial  and  free  from  any  political  interference.  The  law 
describes in fair detail the tasks of the NIC and the procedures related to the verification of 
conflicts of interest, asset declarations and incompatibilities. The effectiveness of the checks 
remains  to  be  tested  in  practice.  The  selection  of  the  NIC  members  and  staff  must  follow 
objective and merit-based criteria and the decision-making process in individual cases should 
be safe from political influence or political deliberation.  

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In  case  of  'obvious  difference'  (not  defined  by  the  law)  between  an  official's  income  and 
assets, the NIC can notify the prosecution services, if there are any suspicions that a crime has 
been committed, and the tax authorities. No specific powers are given to the NIC to propose 
confiscation  of  unjustified  wealth.  When  conflicts  of  interest  or  incompatibilities  are  found, 
the  NIC  will  issue  an  'act  of  infringement'  and  may  ultimately  ask  the  public  authorities  to 
take disciplinary action or terminate the mandate or contract of the official in question. It may 
also  ask  the  courts  to  cancel  the  administrative  act  adopted  by  the  public  official  found  in 
conflict  of  interest  or  in  a  situation  of  incompatibility.  The  law  introduced  an  obligation  to 
post the asset declarations on the website of the NIC. This would be a positive step towards 
giving the general public wide access to the asset declarations and potentially increasing the 
rate of detection of cases of unjustified wealth.  

Sufficient  budgetary  and  human  resources  have  to  be  secured  to  ensure  effectiveness  of  the 
verifications carried out by the NIC. All aspects related to independence in decision-making 
and capacity to perform verifications and propose sanctions are key to the effectiveness of the 
system  which  can  only  be  tested  through  a  track-record  of  implementation.  Further 
information  should  be  provided  on  what  technical  equipment  and  what  electronic  databases 
are at the disposal of the NIC. 

Special attention should be paid to the coherence of the overall legislative process in order 
to  avoid  legal  uncertainty  and  to  ensure  thorough  implementation.  The  legal  framework  is 
undergoing  successive  changes  required  by  a  number  of  anti-corruption  reform  measures. 
While it is understandable that the pace of the reforms is accelerated and that is consequently 
reflected in the legislative setting, the coherence and stability of the overall framework must 
not be affected. The same piece of legislation is often amended through different legislative 
acts  in  the  course  of  a  few  months.  Legislative  initiatives  need  to  undergo  thorough  impact 
assessments, including on financial and human resources needs, and need to be coordinated.  

The Anti-Corruption Strategy for 2011-2015 was adopted by Parliament in July 2011 and 
sets  clear  priorities  and  objectives.  The  Strategy  contains  a  brief  assessment  of  the  state  of 
play,  looking  into  a  number  of  surveys  that  measure  perceptions  of  corruption,  as  well  as  a 
very  general  analysis  of  the  causes  of  corruption.  It  also  defines  the  main  principles  and 
directions of action and sets a number of general performance criteria and overall targets to be 
met  at  the  end  of  the  implementation  period.  The  Strategy  describes  in  fair  detail  the 
monitoring  process  of  its  implementation  and  places  the  task  of  coordination  under  the 
responsibility  of  a  Parliamentary  Commission.  The  monitoring  working  group  is  made  of 
several stakeholders, including from the private sector and civil society.  

The  Anti-Corruption  Action  Plan  for  2012-2013  was  approved  by  the  Parliament  in 
February  2012.  While  the  Action  Plan  comprises  a  number  of  detailed measures, deadlines, 
indicators and expected targets, it does not comprise cost assessment, budgetary and human 
resources references. The Action Plan also lacks reference to risk assessments or vulnerable 
sectors.  While  the  Action  Plan  is  focused  on  legislative  and  institutional  solutions,  further 
attention  should  be  paid  to  operational  measures.  Measures  regarding  internal  control 
mechanisms  and  their  interaction  with  the  law  enforcement  bodies  should  be  further 
developed. 

Regarding  the  institutional  framework,  the  Centre  for  Combating  Economic  Crime  and 
Corruption (CCECC) was established in 2002 and has since been restructured several times. 
A new Law on the Centre for Combating Economic Crimes and Corruption was adopted by 
the  Parliament  on  25  May  2012.  The  Centre  has  been  renamed  National  Anti-Corruption 
Centre. Its independence was strengthened through making it accountable to Parliament and 

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ensuring an open competitive process for the selection of its director who is to be appointed 
by  Parliament.  Dismissal  procedures  are  also  fairly  well  described  by  the  new  law.  The 
reform  of  the  Centre  followed  several  public  consultations,  including  assistance  from 
international community, which materialised in a draft reform strategy paper, submitted to the 
Government  in  November  2011,  proposing  three  main  strands  of  the  reform:  independence, 
increased capacity and public support. Of these, the new Law focused mainly on the issue of 
independence, while the efficiency and increased capacity remain to be further clarified and 
tested in practice. A new Strategy for the institutional strengthening of the Centre is currently 
being finalized, building on the objectives of the previous reform strategy paper, with the aim 
to focus on implementation of the new legal framework. Ensuring appropriate capacity for the 
Centre to carry out efficiently its tasks should be key elements of the reform complementing 
the independence guarantees.  

The Centre kept in the new format both the prevention and investigative powers. In terms of 
repression,  the  Centre  performs  investigation  activities  under  the  prosecutors'  control.  The 
jurisdiction  on  investigations  covers  now  only  corruption  and  corruption-related  offences. 
However, there is no differentiation according to the value of the prejudice or according to the 
position of official investigated. All corruption offences, irrespective whether they are petty or 
high-level, are under the jurisdiction of the Centre. All other economic and financial crimes 
not related to corruption offences have been transferred under the competence of the Ministry 
of  Interior  and  Customs  authority.  Money  laundering  and  terrorism  financing  remain  under 
the competence of the Centre; the FIU remains an autonomous unit within the Centre (see also 
below under money-laundering).  

The  director  of  the  Centre  will  be  appointed  by  Parliament  following  an  open  competition. 
The dismissal of the director is also decided by Parliament, based on the grounds exhaustively 
provided by the law. The new law on the National Anti-Corruption Centre also comprises a 
number  of  integrity-related  guarantees  and  checks  on  integrity  of  the  Centre's  employees. 
However, the effectiveness of the new system is still to be tested and a number of questions 
remain as to the division of powers and coordination with other law enforcement bodies. The 
Strategic Development Programme for the Centre for the next two years was approved by the 
Board  of  the  Centre  in  January  2012.  The  Programme  is  relatively  vague  when  it  comes  to 
future  concrete  measures.  It  mentions  the  budgetary  resources  and  staffing  levels  of  the 
previous years, but comprises no cost or human resources needs assessment for the next two 
years.  Also,  there  is  no  detailed  calendar  of  actions.  The  strategic  programming  on  the 
Centre's activities does not offer a clear picture of how the efficiency of its activities and the 
coordination with other anti-corruption institutions and law enforcement bodies is going to be 
ensured. 

Regarding inter-institutional cooperation, more needs to be done to ensure a clear division 
of tasks and an efficient cooperation between all institutions acting in the field of prevention 
and fight against corruption, including the National Integrity Commission, the National Anti-
Corruption Centre, the internal control mechanisms, the FIU, the prosecution services and law 
enforcement  bodies.  Further  steps  need  to  be  taken  to  promote  an  effective  intelligence-led 
policing  and  improving  information  exchange  systems  among  these  institutions  should  be 
treated as a priority.  

• 

Consolidation of the legal framework for the prevention and fighting of money 
laundering and financing of terrorism in line with international standards set by 
the Financial Action Task Force on Money Laundering and Terrorist Financing 

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(FATF);  regular  updating  of  the  respective  national  strategy;  establishment  of 
an independent Financial Intelligence Unit 

A  law  was  adopted  on  7  April  2011,  amending  the  2007  Law  on  Preventing  and  Fighting 
Money Laundering and Financing of Terrorism.  

The 2010-2012 Strategy for preventing and combating money laundering and the financing of 
terrorism and the Action Plan have been approved by the Government on 3 September 2010. 
The Strategy represents a good working basis. Particularly welcoming was the realisation that 
previous  strategies  have  not  been  fully  effective  because  measures  were  removed  from  the 
Strategy at the end of the year regardless whether they had been implemented effectively or 
not.  The  lessons  learned  from  this  have  resulted  in  a  new  approach  of  having  a  five  year 
strategy  based  on  yearly  action  plans  but  carrying  over  outstanding  measures  into  the 
following  year’s  actions.  The  Strategy  seems  to  be  addressing  the  lack  of  procedures  on 
freezing and confiscating assets without the need to define a predicate offence.  

Regarding the establishment of an independent Financial Intelligence Unit (FIU), the Law of 
7  April  2011  established  the  Office  for  Preventing  and  Combating  Money  Laundering  as  a 
specialised  independent  division  within  the  CCECC  (see  also  above  under  anti-corruption) 
specifically  endowed  with  the  responsibilities  of  a  FIU.  Several  additional  Orders  on  its 
functioning have been approved. 

The  Office  for  Preventing  and  Combating  Money  Laundering  is  fully  independent  from  the 
CCECC.  The  FIU  must  remain  independent  from  other  agencies  in  order  to  comply  with 
international standards and to continue its functions. The FIU is a recognised member of the 
Egmont Group and the Camden Assets Recovery Inter-Agency Network (Carin). 

The  Office  for  Prevention  and  Combating  Money  Laundering  produces  a  national  risk 
assessment on anti-money laundering and measures to counter financing of terrorism. It plays 
both  an  operative  and  an  investigative  role,  conducts  criminal  prosecutions  and  mediates 
between the data received, research and law enforcement bodies.  

The conclusions of the progress report of 14 April 2011 by the Council of Europe Committee 
of Experts on the Evaluation of the Anti-Money Laundering Measures and the Financing of 
Terrorism (Moneyval)4 acknowledged the steady progress made in the areas of customer due 
diligence  and  reporting.  According  to  Moneyval's  conclusions,  there  is  a  need  for  further 
indications  as  to  the  effectiveness  of  the  regime,  in  particular  regarding  money  laundering 
convictions and amounts of assets recovered. The 4th round evaluation by Moneyval should 
provide further indications of progress in this regard. A Moneyval on-site visit took place in 
November 2011 under the fourth round of evaluation and its draft report will be prepared for 
review and adoption in December 2012. It should provide further indications on progress in 
this regard.  

Since July 2011 the Republic of Moldova is no longer monitored by FATF. 

Adoption  of  a  National  Anti-Drug  Strategy  and  its  related  action  plan; 
establishing cooperation with the EMCDDA 

• 

4

http://www.coe.int/t/dghl/monitoring/moneyval/Evaluations/Progress%20reports%202y/MON

EYVAL(2011)6_ProgRep2_MLD_en.pdf 

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On 27 December 2010 the Republic of Moldova approved the National Antidrug Strategy for 
2011-2018. The Strategy defines objectives, necessary actions and clear responsibilities of all 
stakeholders involved in combating drug addiction and drug trafficking. It was developed in 
line with the European Strategy on Drugs for 2005-2012  and  the  relevant UN  Conventions. 
The  Strategy  proposes  a  comprehensive  approach  to  issues  related  to  drug  use,  based  on 
complex,  interdepartmental,  interdisciplinary  cooperation  at  all  levels,  with  three  main 
components:  a)  reduction  of  drug  supply  (exercising  legal  control  over  movement  of  drugs 
and combating drug trafficking and illicit distribution of drugs); b) reduction of demand for 
drugs  (primary  prevention,  treatment  and  rehabilitation  of  drug  users)  and  c)  risk  (harm) 
reduction. 

In  June  2011  the  Government  approved  a  decision  on  establishing  the  National  Anti-Drug 
Committee,  as  a  permanent  body  at  Government  level  supervising,  developing  and 
coordinating  policies  related  to  drug  demand  and  supply  reduction.  Its  Secretariat  was 
established in July 2011 by a Government decision and has started to gather and analyse the 
information and data provided by the national authorities.  

Regarding the law enforcement dimension, there is an Anti-Drug Department in the Ministry 
of the Interior. Concerning policy coordination, an Interdepartmental Commission is in place. 
In  addition,  relevant  structures  have  been  established  within  the  Ministry  of  Health.  The 
National Anti-Drug Observatory has been consolidated. 

Cooperation  with  the  European  Monitoring  Centre  for  Drugs  and  Drug  Addiction 
(EMCDDA)  is  ongoing.  The  Moldovan  authorities  are  providing  national  data  and  working 
on trends. In a letter dated 28 October 2011, the Republic of Moldova requested formalisation 
of the cooperation with the EMCDDA by signing a Memorandum of Understanding (MoU). 
The  procedure  for  the  signing  of  the  MoU  between  the  Republic  of  Moldova  and  the 
EMCDDA is ongoing and the MoU is expected to be signed in the course of 2012.  

• 

Adoption of relevant UN and Council of Europe Conventions in the areas listed 
above and on fight against terrorism 

The Republic of Moldova has acceded to all UN and Council of Europe Conventions relevant 
to the above-mentioned areas. Regarding the fight against terrorism, a large majority of UN 
and Council of Europe Conventions have been ratified and have entered into force. 

Block 3 / topic 2 - Judicial co-operation in criminal matters  

• 

Adoption of a legal framework on mutual legal assistance 

The legislative framework in the area of mutual legal assistance is largely in place.  

The Republic of Moldova is carrying out a very broad process of reform of its criminal and 
criminal procedure legislation. An inter-institutional Working Group on the amendment of the 
criminal  procedure  legislation  in  the  areas  of  operative  investigation  and  prosecution  was 
established on the basis of the Government Decision of 9 February 2011. The Concept Paper 
on  the  reform  of  the  system  of  prosecution  and  criminal  procedure  was  drafted  by  the 
Working Group. Consequently, a draft 'Law on amending of some legislative acts (the Law 
no. 45-XII of 12 April 1994 on Operative Investigations, the Criminal Procedure Code)' was 
prepared in order to adjust them to the new provisions on combating cross-border crime and 
international  joint  investigation  teams,  review  of  national  legislation  on  the  interception  of 
telephone  conversations  and  review  of  relevant  legislation  in  the  framework  of  Police 
Cooperation Convention for South East Europe.  

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The 'Law on Special Investigating Activity' was adopted by the Parliament on 29 March 2012. 
The Law on amending some legislative acts (the Criminal Procedure Code) was adopted by 
the  Parliament  on  5  April  2012.  The  relation  between  the  two  laws  will  need  further 
clarification. 

• 

Accession to the 2nd Protocol to the European Convention on mutual assistance 

The Republic of  Moldova has  signed on  13  March 2012 the  2nd Additional Protocol to  the 
Council of Europe Convention on Mutual Legal Assistance in Criminal Matters which is now 
pending ratification.  

• 

Conclusion of an agreement with Eurojust 

Eurojust  has  established  a  contact  point  in  the  Republic  of  Moldova.  Contacts  aimed  at 
starting negotiations on an agreement on cooperation between the Republic of Moldova and 
Eurojust have been established since 2006. Three meetings were held between 2008 and 2010 
in this context. Full consolidation of the new Moldovan legal framework on data protection 
for  the  purposes  of  judicial  cooperation  in  criminal  matters  is  needed  in  order  to  make 
progress  in  such  negotiations,  as  ensuring  an  adequate  level  of  data  protection  is  a 
precondition  for  the  conclusion  of  a  co-operation  agreement  with  Eurojust  (see  also  below 
under topic 4 data protection). The Republic of Moldova presented additional information to 
Eurojust  on  data  protection  in  February  2012.  It  is  expected  that  the  negotiations  of  the 
agreement will start in the second half of 2012. 

Block 3 / topic 3 - Law enforcement co-operation 

• 

Establishment  of  an  adequate  coordination  mechanism  between  relevant 
national agencies and a common database guaranteeing direct access to relevant 
officers 

The coordination between relevant national law enforcement agencies is ensured through the 
activity  of  the  SELEC  (The  Convention  of  the  Southeast  European  Law  Enforcement 
Centre)/GUAM (Organisation for Democracy and Economic Development) National Virtual 
Centre which was established in 2006. It is a subdivision of the Ministry of the Interior which 
aims  to  develop  the  cooperation  between  relevant  national  and  European  agencies  on 
combating  cross-border  organised  crime  and  on  security  of  borders.  The  National  Virtual 
Centre  SELEC/GUAM  ensures  the  coordination  between  the  following  law  enforcement 
authorities: the Ministry of the Interior, the Border Guards Service, the Customs Service, the 
Security  and  Information  Service  and  the  Centre  for  Combating  Economic  Crimes  and 
Corruption.  These  authorities  have  direct  access  to  the  Centre's  database  on  investigating, 
preventing and fighting against cross-border organised crime. The information is exchanged 
using SELEC/GUAM channels. 

The  general  aims  of  the  National  Virtual  Centre  are:  (1)  to  ensure  the  organisational 
framework  necessary  for  cooperation  and  development  of  specific  actions  at  national  and 
international  levels  for  preventing  and  combating  trans-border  crime  and  other  types  of 
serious  crimes  in  the  SELEC  and  GUAM  Member  States,  (2)  to  exchange  information 
between  law  enforcement  agencies  form  SELEC  and  GUAM  Member  States  on  preventing 
and combating trans-border crimes and (3) to analyse, make available and use the information 
gathered for research and for combating and preventing trans-border crimes. 

The  Centre  uses  a  database  called  "Registru".  This  database  offers  information  on  persons, 
vehicles,  companies  (the  owners,  kind  of  activity  and  means  of  transport  registered  in  the 

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company's name), driving licenses, check on different types of documents like passports or, 
birth certificates and border crossings. As there are different types of database, under various 
operators  ("Registru"  under  the  Ministry  of  Information,  Technology  and  Communications, 
information on crossing the state border from the Border Guard Service, information on real 
estate "Cadastru"), the Centre has access to these databases via the delegated liaison officers. 

A 2006 'Law on the Electronic Information System on Recording Crime, Criminal Cases and 
individuals  who  committed  crimes'  established  a  coordination  mechanism  between  relevant 
national authorities and a database. Three Common Orders were approved on the coordination 
mechanism: (1) a 2008 Order on a single record of offences, criminal cases and individuals 
who committed crimes, (2) a 2006 Order on unique record of operational files (searches and 
identification) on wanted persons, persons of unknown identity and unidentified bodies, and 
(3) a 2004 Order on a single record of marked objects, antiques and works of art and lost and 
found property. 

Establishment  of  an  adequate  coordination  mechanism  between  relevant  national  agencies 
should be further pursued by setting up a coordination committee of all agencies involved in 
intelligence and investigation. This coordination committee should be chaired by the General 
Prosecutor who should play a leading role and should be convened regularly. 

It is not clear if any inter-agency structure is foreseen to enhance the exchange of information 
on  organised  crime  or  if  the  above-mentioned  National  Virtual  Centre  will  play  this  role. 
Currently  no  central  structure  can  provide  direct  access  to  all  databases  that  could  be  of 
interest,  i.e.:  population  (registry),  vehicles,  border  crossings,  stolen  goods,  finger  prints, 
DNA,  tax  administration,  customs  database,  Security  and  Information  Service  databases, 
criminal  records,  persons  in  jail,  cadastre,  etc.  So  far,  the  existing  entities  have  no  direct 
access to all the available databases, and they have to rely on liaison officers who will contact 
their administration in order to give them access the information they need.  

Given  that  there  is  no  universal  standard  on  establishment  of  a  "common  database",  some 
countries have one, others have separate databases, it is nevertheless important to put in place 
the tools necessary for proactive consultation of all available databases. The authorities should 
envisage establishing an interagency tool, such as the planned Information and Analysis Unit, 
where representatives of all intelligence and law enforcement agencies could have access to 
the various databases. 

• 

Conclusion of an operational cooperation agreement with Europol ensuring an 
adequate level of data protection 

The negotiation of an operational agreement with Europol is conditional upon assessment by 
Europol of the relevant data protection standards. Work on the data protection assessment is 
ongoing.  Europol  completed  its  first  scrutiny  of  the  material  received  and  sent  additional 
questions to the Republic of Moldova in January 2011. The Republic of Moldova replied on 
23 March 2011 sending supplementary information on personal data protection. In April 2012 
Europol  was  provided  with  additional  legislation  (see  also  below  under  4.  Data  protection). 
Europol  is  currently  proceeding  with  its  assessment  of  the  data  protection  legislation  in  the 
Republic  of  Moldova,  pending  any  additional  information  and  clarifications  that  might  be 
necessary. The data protection study visit can be carried out following the entry into force of 
the legislation and once some practice has been gathered with regard to its application. The 
negotiation  of  an  operational  agreement  with  Europol  can  only  start  after  authorisation  of 
Europol’s Management Board following the opinion of the Joint Supervisory Body, which is 
based on Europol’s data protection report.  

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Europol organised an awareness-raising seminar for Moldovan law enforcement authorities in 
April 2011. In July 2011 the Republic of Moldova was invited to second a permanent liaison 
officer to Europol. 

Block 3 / topic 4 - Data protection 

• 

Consolidation  of  the  legal  framework  for  the  protection  of  personal  data, 
including  accession  to  the  2001  Additional  Protocol  to  the  Council  of  Europe 
Convention  for  the  Protection  of  Individuals  with  regard  to  Automatic 
Processing  of  Personal  Data,  regarding  supervisory  authorities  and  trans-
border data flows 

The Republic of Moldova's new Law on Data Protection, adopted on 8 July 2011, has entered 
into force on 14 April 2012. It repeals the existing Law on Data Protection of 2007 and aligns 
the  Republic  of  Moldova's  data  protection  legislation  with  the  relevant  Council  of  Europe 
instruments  and  the  EU  acquis.  In  addition,  a  'Law  amending  and  supplementing  some 
legislative  acts'  was  adopted  on  21  October  2011,  which  inter  alia  strengthens  the 
independence  and  powers  of  the  supervisory  authority  and  introduces  sanctions  for  data 
protection  breaches.  These  legislative  changes  are  foreseen  to  enter  into  force  on  16  June 
2012. 

Further efforts are ongoing in order to consolidate the legal framework fully by aligning other 
legislation  and  Government  decrees  with  the  new  'Law  on  Data  Protection'.  Particular 
attention  should  be  paid  to  data  protection  rules  in  the  police  sector  (in  particular  full 
implementation of the relevant Council of Europe Recommendation) including the revision of 
the Criminal Procedure Code and the 'Law on Special Investigating Activity' (see also above 
under  Judicial  co-operation 
in  criminal  matters).  Full  consolidation  and  effective 
implementation  of  the  legal  framework  are  a  precondition  for  conclusion  of  operational 
cooperation agreements with Eurojust and Europol (see also above under topics 2 and 3). 

The Republic of Moldova has ratified the 2001 Additional Protocol to the Council of Europe 
Convention for the Protection of Individuals with regard to Automatic Processing of Personal 
Data,  regarding  supervisory  authorities  and  trans-border  data  flows.  The  ratification  entered 
into force on 1 January 2012. 

The  National  Centre  for  Personal  Data  Protection  began  its  operations  in  mid-2009  on  the 
basis  of  the  Law  on  Data  Protection  of  2007.  Its  independence  and  powers  have  been 
strengthened by the new legal framework. The Centre is an institution under Parliament and is 
impartial and independent from any other governmental or administrative bodies.  

Block 4: External relations and fundamental rights 

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General assessment  

The Republic of Moldova adopted the relevant legislation, moving swiftly forward with the 
revision of the national legislation to meet the required benchmarks. With the adoption of a 
comprehensive Law on Ensuring Equality the Republic of Moldova completed the framework 
deemed to ensure effective implementation of the benchmarks in the area of external relations 
and  fundamental  rights.  The  Government  of  the  Republic  of  Moldova  also  amended  the 
Action  Plan  containing  support  measures  for  Roma  people  taking  into  consideration 
recommendations  related  to  international  standards  on  inclusion  policies.  It  also  further 
clarified  aspects  of  the  legislation  mentioned  in  the  previous  report,  notably  related  to 
determination of the status of stateless persons.  

The Commission considers that the Republic of Moldova generally meets the benchmarks set 
under Block 4. 

Detailed comments 

Block 4 / topic 1 - Freedom of movement within Republic of Moldova 

• 

Revision  of  the  legal  and  regulatory  framework  on  registration  and  de-
registration procedures for legally staying foreigners or stateless persons with a 
view to avoiding unjustified restrictions. 

In May 2011 the Government approved Decision no. 337 amending Government Decision no. 
376  of  6  January  1995  on  additional  measures  to  consolidate  the  national  passport  system. 
The  Decision  was  published  in  the Official  Gazette  in  June  2011  and  is  in  force.  It  aims  to 
review provisions regarding the rules of evidence of population, in particular it establishes the 
mechanism for acquiring and processing biometric information and provides for regulation of 
the legal relations between individuals, legal entities, law enforcement and local government 
bodies  to  ensure  free  movement  in  the  Republic  of  Moldova  and  the  right  to  establish 
domicile or residence anywhere in the country. 

In  order  to  prevent  and  exclude  cases  of  stateless  persons  in  relation  to  the  succession  of 
states, amendments to the 'Law no. 1024-XIV of 2 June 2000 on Citizenship' were adopted by 
Parliament in June 2011 and published in the Official Gazette on 8 July 2011. In addition, in 
April  2012,  the  Republic  of  Moldova  formally  deposited  its  instruments  of  accession  to  the 
United Nations Conventions on the Reduction of Statelessness (adopted on 30 August 1961 in 
New  York)  and  on  the  Status  of  Stateless  Persons  (adopted  on  28  September  1954  in  New 
York) (see also above under Block 2 topic 2).  

The amendments to the 'Law no. 1024-XIV of 2 June 2002 on Citizenship' aim to adjust the 
legislation  in  order  to  prevent  and  resolve  cases  of  statelessness  resulting  from  the 
disintegration  of  the  Soviet  Union  and  issues  related  to  state  succession.  The  Republic  of 
Moldova’s accession to the Conventions on the Reduction of Statelessness and on the Status 
of  Stateless  Persons  will  lead  to  further  developments  in  the  mechanism  and  procedure  for 
determining  the  status  of  stateless  persons  and  will  provide  for  the  establishment  of  an 
institutional  framework  for  determining  statelessness.  As  regards  the  procedure  for 
determining  the  status  of  statelessness,  the  Republic  of  Moldova  could  consider  entitling 
applicants to legal employment pending the procedures, as in the case of asylum-seekers. 

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In November 2011 the Government approved an Action Plan for further horizontal legislative 
amendments  with  the  aim  of  lifting  all  unnecessary  restrictions  concerning  compulsory 
HIV/AIDS  tests  for  the  registration  of  foreigners.  This  was  based  on  an  assessment 
undertaken by a Working Group established and tasked with screening all relevant legal acts 
in  force  which  included  provisions  on  this  matter.  As  a  result,  the  Parliament  adopted  the 
legislative  amendments  to  Law  no.  23/2007  ‘on  prophylaxis  of  HIV/AIDS’,  and  the 
Government approved and sent to the Parliament the draft law amending and completing Law 
no 180/2008 on labour migration and Law no 200/2010 on the regime of foreigners, with a 
view to facilitating the documentation process of foreigners in the Republic of Moldova. 

Block 4 / topic 2 - Citizens’ rights including protection of minorities 

• 

Adoption of comprehensive anti-discrimination legislation, as recommended by 
UN  and  Council  of  Europe  monitoring  bodies,  to  ensure  effective  protection 
against discrimination 

In addition to constitutional anti-discrimination stipulations and provisions in criminal, civil 
and administrative laws, in May 2012 the Parliament adopted a comprehensive law on anti-
discrimination: “The Law on Ensuring Equality”. The law aims to prevent and fight against 
discrimination  and  to  ensure  equality  in  rights  for  all  the  individuals  on  the  territory  of  the 
Republic of Moldova in the areas of politics, economics, social, culture, and other areas of life 
making no difference in race, colour, nationality, ethnic origin, language, religion, belief, sex, 
age,  disability,  opinion,  political  view,  or  based  on  any  other  similar  criteria  These  criteria 
were clarified at the highest political level5.  

As  a  result  of  prior  public  consultations  the  law  contains  provisions  which  limit  its 
applicability to  the  marriage  and  adoption  relationship  governed  by  the  legislation  in  force 
and  to  religious  cults  and  their  component  parts  related  to  their  religious  beliefs. 
Improvements  were made to  the rules regarding the  work of the  Council on prevention and 
combating discrimination and ensuring equality: a body that will act in terms of impartiality 
and full independence from the public authorities based on a comprehensive mandate in the 
field. The equality body also has a power of injunction and can impose sanctions following 
decisions on the existence of a case of discrimination. According to Article 12 paragraph 1, 
point  k),  and  Article  15  paragraph  6,  while  examining  a  complaint  regarding  an  alleged 
discriminatory  treatment  or  action  the  equality  body  finds  that  they  constitute  an 
administrative  offence,  it  can  impose  sanctions  in  accordance  with  the  provisions  of  the 
Contravention Code.  

Prohibition  of  discrimination  on  the  basis  of  sexual  orientation  in  the  field  of  employment 
creates  the  general  framework  in  line  with  Directive  2000/43/EC  of  29  June  2000 
implementing the principle of equal treatment between persons irrespective of racial or ethnic 
origin  and  Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general 
framework for equal treatment in respect of employment. 

In  the  Human  Rights  Dialogue  with  the  Republic  of  Moldova  that  took  place  on  23  May 
2012,  the  EU  received  reassurances  that  the  law  is  intended  to  cover  all  grounds  for 
discrimination in line with the international commitments of the Republic of Moldova. At the 
same time, the Moldovan side committed to issuing guidelines on the implementation of the 
law, which will be monitored by the EU within the existing dialogue frameworks.  

5 

See inter alia the statement by Mr Vlad Filat, Prime Minister of the Republic of Moldova, issued on 8 
June 2012.  

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While the  Commission  and  the  UN  Office  in  the  Republic  of  Moldova  have pointed  out 
several shortcomings in the various drafts of the anti-discrimination law, some of which are 
still  present  in  the  final version,  the law  represents  the  necessary  legislative  basis  to 
implement the benchmarks in the anti-discrimination area. It should be subsequently further 
improved  with  regard  to  definitions  of  direct  discrimination  and  of  sexual  harassment, 
provisions  applicable  to  the  private  sector  with  respect  to  goods  and  services,  and  further 
harmonisation with  the  EU  acquis  in  order  to  explicitly  clarify  important  aspects  such  as 
reasonable accommodation for disabled persons. 

• 

Adoption  of  a  comprehensive  National  Human  Rights  Action  Plan;  actively 
pursue  in  the  respective  National  Human  Rights  Action  Plan  the  specific 
recommendations  of  UN  bodies,  OSCE/ODIHR,  the  Council  of  Europe/ECRI 
and  international  human  rights  organisations  notably  in  implementing  anti-
discrimination  policies,  protecting  minorities  and  private  life  and  ensuring  the 
freedom of religion 

On 12 May 2011 Parliament endorsed a comprehensive National Human Rights Action Plan 
which builds on specific recommendations by UN bodies, the OSCE/ODIHR, the Council of 
Europe/ECRI and international human rights organisations. It provides for measures in a large 
number  of  areas,  including  implementing  anti-discrimination  policies  and  protecting 
minorities  and  private  life.  The  Government  was  tasked  to  publish  an  annual  consolidated 
Progress Report on the implementation of the Action Plan and to submit it to Parliament by 1 
April every year. The Progress Report is to be debated in yearly conferences. The Action Plan 
was prepared in close consultation with civil society and international organisations. 

In July 2010 an Action Plan in support of the Roma population for 2011-2015 was adopted 
after consultations with civil society and with representatives of the Roma community. This 
was an important step demonstrating the Government’s political will to pay special attention 
to improving the situation of the Roma population. Subsequent discussions with international 
organisations indicated that there was scope for further consolidation of the Action Plan. The 
authorities indicated that a new chapter concerning the introduction of Roma mediators would 
be  added  to  it.  In  January  2012,  the  Government  amended  the  Action  Plan  taking  into 
consideration  recommendations  related  to  international  standards  notably  on  inclusion 
policies.  It  also  launched  an  exercise  aimed  to  secure  necessary  budgetary  funds  for  its 
implementation  on  the  basis  of  amending  the  Government’s  Mid-Term  Expenditure 
Framework. The implementation has already started. 

The National Human Rights Action Plan provides information on monitoring and assessment 
as well as resources to be allocated for its implementation. However, most of the activities are 
to be financed within the limits of general budgetary allocations, and only a few have specific 
budgetary allocations. The authorities will review the costs of activities each year, based on 
the priorities, financial possibilities, and the assessment results.  

The  National  Human  Rights  Action  Plan  does  not  include  measures  targeting  freedom  of 
thought, conscience and religion. These aspects are to be covered in the “Law on freedom of 
conscience, thought and religion” adopted on 27 December 2011, which is a revised version 
of the 'Law on Religious Cults and their Component Parts' with a view to bringing domestic 
law and practice into compliance with international law. The new law is expected to create a 
more positive dynamic than that of previous years in relations with minority religious cults.  

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• 

Ratification  of  relevant  UN  and  Council  of  Europe  instruments  in  the  fight 
against discrimination 

The Republic of Moldova has committed to consider issuing a declaration under Article 14 of 
the Convention on the Elimination of All Forms of Racial Discrimination (CERD) after the 
adoption of the “The Law on Ensuring Equality”. In 2000, the Republic of Moldova signed 
Protocol No. 12 to the 1950 European Convention on Human Rights but it has still not ratified 
it.  The  Moldovan  authorities  have  also  expressed  willingness  to  consider  the  ratification  of 
Protocol No. 12 after adoption of the “The Law on Ensuring Equality”. Discussions within the 
Government  about  lifting  territorial  reservations  entered  by  the  Republic  of  Moldova  to  the 
human rights treaties are ongoing. 

• 

Specify  conditions  and  circumstances  for  the  acquisition  of  citizenship  of 
Republic of Moldova 

With  reference  to  the  conditions  and  circumstances  for  acquisition  of  the  citizenship  of  the 
Republic of Moldova, on 3 May 2011 the Government approved amendments to the Law on 
Citizenship no. 1024-XIV of 2 June 2000 and amended the Government Decision relating to 
the rules on evidence of population in the Republic of Moldova. The Parliament adopted the 
amendments on 9 June 2011. The amendments aimed to remove obstacles to the acquisition 
of citizenship by stateless persons, who, under Article 12 (2) of the Law, meet the grounds for 
its acquisition, but were sentenced to imprisonment for premeditated crimes and have criminal 
records or were under criminal prosecution at the time of examination of their applications.  

The  Moldovan  Government  continued  to  address  the  situation  in  Transnistria  actively.  In 
April  2012,  together  with  the  "de  facto  authorities"  in  Tiraspol,  the  Moldovan  Government 
reactivated  the  bilateral  working  group  on  civil  status  issues.  At  present,  the  national 
registration authority is applying special measures to confirm citizenship and provide access 
to national ID cards free of charge for inhabitants from the Transnistrian region, in accordance 
with  the  amended  Law  on  Citizenship  no.  1024-XIV  of  2  June  2000  and  Government 
Decision  no.  959  of  9  September  2005  on  safety  measures  relating  to  confirmation  of 
citizenship  and  the  documentation  of  the  population  from  the  districts  in  the  Transnistrian 
region.  

According  to  the  latest  information  provided  by  the  Moldovan  authorities  229,489  persons 
citizens  of  the  Republic  of  Moldova  residing  in  Transnistria  have  been  issued  Moldovan 
passports, out of which 175,764 passports remain valid (i.e. have not expired). During the first 
three  months  of  2012  the  authorities  in  Chisinau  had  issued  2,722  biometric  passports  to 
residents  of  Transnistria.  The  Ministry  of  Information  Technology  and  Communication  in 
cooperation  with  the  Ministry  of  Justice  and  the  Ministry  of  the  Interior,  has  developed  the 
legal framework for the procedures for identification, at first documentation, of persons from 
the  Transnistrian  region,  based  on  additional  information  on  family  members  and  relatives 
(breeder documents of parents, marriage certificates and others).  

Particular attention will be paid to ensuring effective implementation of the above mentioned 
legislative framework in the second phase of the VLAP. 

III. Conclusion 

Since  the  launching  of  the  EU-Republic  of  Moldova  Visa  Dialogue  in  June  2010  and  the 
presentation to the Moldovan authorities of the Action Plan on Visa Liberalisation (VLAP) in 
January 2011, the Commission has been regularly reporting to the European Parliament and to 
the  Council  on  the  progress  made  by  the  Republic  of  Moldova  in  taking  the  necessary 

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measures  to  fulfil  the  benchmarks  identified  under  the  four  blocks  of  the  first  phase  of  the 
VLAP. 

In particular, two Progress Reports on the implementation of the VLAP have been presented 
(in September 2011 and in February 2012)6. The Second Progress Reports has been prepared 
building  upon  the  analysis  of  the  legislative  framework,  the  findings  of  the  evaluations 
missions  under  Blocks  2,  3  and  4  organised  in  October  and  November  2011,  with  the 
participation of Member States’ experts, and the progress reports presented by the Republic of 
Moldova on the implementation of the VLAP.  

Over  and  above  this  intense  reporting  process  related  to  VLAP,  the  Commission  has  also 
continued to monitor the progress made by the Republic of Moldova in relevant areas of the 
VLAP in the framework of  

(1) the EU-Republic of Moldova Joint Visa Facilitation Committee; 
(2) the EU-Republic of Moldova Joint Readmission Committee; 
(3) the EU-Republic of Moldova Joint Sub-Committee n°37; 
(4) the EU-Republic of Moldova Mobility Partnership.  

In  each  of  these  committees  and  frameworks  the  state  of  dialogue and cooperation between 
the EU and Republic of Moldova is advanced. During the most recent Visa Facilitation and 
Readmission  Joint  Committees  that  took  place  in  Chisinau  on  23  May  2012  (with  the 
participation  of  EU  Member  States),  the  Commission  registered  an  overall  satisfactory 
implementation of both agreements.  

The EU-Republic of Moldova Visa Dialogue has proved to be an important tool for advancing 
reforms, not only in the Justice and Home Affairs area, but also beyond. The progress made 
by the Republic of Moldova under the various areas covered by the four blocks of the VLAP 
has been constant and effective in the last two years, showing the important commitment and 
the  efforts  put  by  the  Moldovan  authorities  in  making  the  implementation  of  the  VLAP  a 
priority in its legislative and administrative agenda.  

The legislative measures requested by the VLAP under the first phase have been eventually 
adopted.  Their  assessment,  carried  out  by  the  Commission  services,  the  European  External 
Action Service (EEAS), as well as by the Member States’ experts, shows that they are in line 
with the benchmarks identified in the four blocks of the VLAP.  

That being said, the Commission will continue to coordinate the monitoring of the legislative 
and  policy  framework  in  the  subsequent  steps  of  the  dialogue  with  a  view  to  assessing 
whether the necessary implementing regulations, under the four blocks of the Action Plan, are 
effectively adopted and implemented. Moreover, the Commission will pay particular attention 
to the fact that appropriate and necessary financial and human resources will be allocated by 
the  Republic  of  Moldova  for  the  implementation of  the  mentioned  legislative  acts  and  their 
implementing regulations.  

Building upon the outcome of the continuous monitoring and assessments mentioned above, 
the Commission considers that the Republic of Moldova has eventually met all benchmarks of 
the  first  phase  of  the  VLAP  and  that  the  assessment  of  the  benchmarks  under  the  second 
phase of the VLAP can therefore be launched.  

6 
7 

(SEC(2011) 1075 final), (SWD(2012) 12 final). 
Sub-Committee N° 3: Customs, cross-border cooperation, money laundering, drugs, illegal migration.  

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