REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fourth Report on the implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation
Date: 2013-06-21
Institutions: European Commission
Subjects: EU police cooperation, EU visa policy, Frontex, Moldova, anti-discriminatory measure, border control, corruption, fight against crime, illegal migration, judicial cooperation in criminal matters in the EU, return migration

EUROPEAN 
COMMISSION 

Brussels, 21.6.2013  
COM(2013) 459 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

Fourth Report 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 

Fourth Report on the implementation by the Republic of Moldova of the Action Plan on 
Visa Liberalisation 

1. 

INTRODUCTION 

The EU-Republic of Moldova Visa Dialogue examining the conditions for visa-free travel for 
citizens of the Republic of Moldova (hereinafter Moldovan citizens) to the EU was launched 
on  15  June  2010.  The  Action  Plan  on  Visa  Liberalisation  (hereinafter  VLAP)1  was 
presented to the authorities of the Republic of Moldova (hereinafter Moldovan authorities) by 
the Commission on 24 January 2011. The VLAP sets a series of precise benchmarks for the 
Republic of Moldova on four so-called 'blocks'2 of technically 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 20113. 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  and  of  the  European  External  Action  Service 
(hereinafter 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  20124.  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. 

The  Third  Progress  Report  on  the  implementation  by  the  Republic  of  Moldova  of  the 
Action  Plan  on  Visa  Liberalisation  was  issued  on  22  June  20125.  It  was  the  third  and  final 
progress report on first phase of the VLAP and it presented 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 document 18078/10. 
(i) document security, including biometrics; (ii) irregular migration, including readmission; (iii) public 
order and security; and (iv) external relations and fundamental rights. 
SEC (2011) 1075 final. 
SWD (2012)12 final. 
COM (2012) 348 final. 

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The  assessment  of  possible  migratory  and  security  impacts  of  future  visa  liberalisation 
for  Moldovan  citizens  travelling  to  the  EU  was  issued  on  3  August  20126  by  the 
Commission involving relevant EU agencies and stakeholders. 

Building on these reports, the Council adopted Conclusions on 19 November 2012 in which it 
agreed with the Commission that the Republic of Moldova has fulfilled all the benchmarks 
under  the  first  phase  of  the  Action  Plan  on  Visa  Liberalisation.  Subsequently,  the 
assessment of the benchmarks set out under the second phase was launched.  

The next steps of the second phase as well as the preparation of the evaluation missions were 
discussed  during  a  Senior  Officials  Meeting  which  took  place  on  28  January  2013.  A  new 
series  of  evaluation  missions  on  all  four  Blocks  of  the  VLAP  was  organised  from  18 
February to 15 March 2013. The evaluation missions were unparalleled in terms of scope and 
details  of  the  assessment  –  four  weeks  involving  12  experts  from  EU  Member  States 
accompanied by officials of the Commission and of the EEAS.  

The missions of the experts had the purpose to assess both the fulfilment status of the second 
phase  benchmarks  of  the  VLAP  and  the  extent  of  implementation  of  the  legislative,  policy 
and  institutional  framework,  in  compliance  with  European  and  international  standards. 
Particular attention was paid to areas such as anti-discrimination and integration of minorities 
and trafficking in human beings, some of them equally mentioned in the Council Conclusions 
of 19 November 2012. 

The expert reports were finalised in May 2013. The Republic of Moldova has committed to 
address the recommendations contained in these reports through the updated National Action 
Plan drafted at the end of May 2013. 

The Visa liberalisation Action Plan has proven to be an important incentive for reforms and 
has helped the Republic of Moldova to maintain a sustained pace of structural reforms since 
2010.  The  legislative  and  policy  framework  have  been  put  in  place  as  recognised  by  the 
conclusion of the first phase of the VLAP in November 2012.  

The  aim  of  this  report  is  to  present  the  state  of  the  implementation  of  the  legislative  and 
institutional framework, the functioning of the institutions and the level of inter-agency 
coordination.  The  Commission  has  prepared  this  progress  report  on  the  basis  of  the 
comprehensive evaluation missions of February-March 2013, including the reports drafted 
in that context  by  Member  States experts, as well as  additional  information received during 
the  EU-Republic  of  Moldova  Joint  Sub-Committee  n°37  and  the  EU-Republic  of  Moldova 
Human  Rights  Dialogue  both  held  in  April  2013.  Special  attention  was  paid  to  the 
sustainability of the reforms and the results achieved, including through meaningful staffing 
and  funding.  The  report  also  includes  an  assessment  on  the  state  of  the  fulfilment  of  the 
recommendations  addressed  to  the  Republic  of  Moldova  contained  in  the  Assessment  of 
Impacts report8 of August 2012. 

2. 

ASSESSMENT  OF  IMPLEMENTATION  OF  THE  FOUR  BLOCKS  OF  THE  VISA 
LIBERALISATION ACTION PLAN 

BLOCK 1: DOCUMENT SECURITY, INCLUDING BIOMETRICS 

(a) VLAP benchmarks 

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COM(2012) 443 final.  
Sub-Committee N° 3: Customs, cross-border cooperation, money laundering, drugs, irregular migration. 
COM(2012) 443 final.. 

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•  Gradual  roll-out  of  biometric  passports  in  compliance  with  ICAO  standards, 
including  at  Moldovan  consulates  abroad,  and  phase-out  of  non-ICAO  compliant 
passports 

Since  January  2011,  the  Republic  of  Moldova  is  issuing  exclusively  biometric  passports 
(Ordinary  passports,  Diplomatic  passports,  Official  passports  and  passports  for  stateless 
persons) with the "one Passport, one Document" principle being implemented.  

On 31 December 2012 there were 2 514 335 passports of citizens of the Republic of Moldova 
in circulation, 487 745 (or 19.3%) of which were biometric passports. The complete phasing 
out of non-biometric passports is planned for the end of 2020. 

As  of  1  January  2012,  Moldovan  citizens  living  abroad  can  submit  applications  to  the 
Republic  of  Moldova  diplomatic  missions  and  consular  offices  for  obtaining  a  biometric 
passport.  All  embassies  and  consulates  of  the  Republic  of  Moldova  abroad,  without 
exceptions,  have  been  equipped  with  special  equipment  for  collecting  biometric  data  from 
applicants. This new biometric passport complies with ICAO standards and contains a number 
of security features recommended by ICAO9.  

As of 2 January 2013 the Centre for State Information Resources “Registru” (CSIR Registru, 
hereinafter  "Registru")  operates  with  its  own  root  and  public  key  certificates.  Moldovan 
authorities  made  on  28  September  2012  an  application  to  join  ICAO  Public  Key  Directory 
(hereinafter  ICAO  PKD).  The  Ministry  of  Information  Technology  and  Communications 
(hereinafter MITC) order on payment by the Registru of the unique registration fee to join the 
ICAO PKD was drafted at the beginning of 2013. The signing by the Registru of a contract on 
procurement of booklets with an integrated chip, based on the January 2012 tender results was 
suspended until February 2013 due to a legal challenge, which was rejected by the Supreme 
Court  of  Justice  of  the  Republic  of  Moldova.  The  winner  of  the  tender  and  Registru  are 
expected to sign a contract in the summer of 2013.  

•  High  level  of  integrity  and  security  of  the  application,  personalisation  and 
distribution  process  for  passports,  as  well  as  identity  cards  and  other  breeder 
documents 

The ‘Registru’ is in charge of issuing Travel and Identity documents. All offices of the Civil 
Status  Service  are  computerised  and  linked  via  a  secured  communication  channel  to  an 
Automated  Information  System  named  'State  Register  of  Population'  (hereinafter  SRP).  The 
certificates issued relating to birth, marriage, death, divorce and change of name/surname are 
identically formatted and contain the same security features10.  

Applications for travel documents and national identity cards are made at the 49 territorial and 
regional offices of the Registru. The checks executed by those offices generally concern the 
accuracy of the data and completeness of the application, as well as non-electronic checks in 
relation  with  the  MoI  in  relation  to  violations  of  law,  criminal  cases  and  persons  who 
committed crimes. 

The  potential  for  someone  to  use  multiple  identities  appears  to  be  very  limited  given  the 
existence of the SRP containing a large amount of data relating to each Moldovan citizen. The 
inclusion  of  biometrics  in  passports  "freezes"  the  identity  of  the  holder  and  prevents  that  a 
different identity be used. 

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Duotone  watermark,  fibres  fluorescent  under  UV  light,  fluorescent  security  thread,  micro  printing, 
passport  numbering  with  laser  perforation,  as  contained  in  point  V  of  the  Informative  Appendix  1  to 
Section III.Security Standards for machine readable travel documents of ICAO Doc 9303, Part 1. 
Watermark, microprints, emblem and serial number of the form presenting fluorescence under UV light. 

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The  'Registru'  is  taking  serious  steps  to  reduce  as  much  as  possible  the  possibility  of 
corruption at staff level by way of, inter alia: clear separation of duties and functions of the 
staff members; random assignment of applicants to officials; review of the applicants' requests 
by  a  minimum  of  3  different  officials  and  payment  of  fees  by  automatic  teller  machine 
(ATM). The presence of several checks on applications makes the introduction of fraudulent 
applications into the system by staff very difficult.  

In  addition,  the  Civil  Status  Service  has  developed  a  strategy  for  preventing  and  fighting 
corruption  at  staff  level.  Measures  include  unplanned  inspections,  limited  access  to  data, 
video surveillance, and statements on income, property and conflict of interest. In each local 
application office, notices with information are displayed regarding corruption. 

As  a  consequence  of  these  new  measures,  seven  disciplinary  sanctions  were  inflicted  on 
infringements committed by Civil Status Office employees, after investigations conducted in 
2012. 
Applicants living in the Transnistrian11 region can make an application for documents at one 
of the offices located near the administrative line. Since 17 July 2003, six permanent offices 
in  the  Republic  of  Moldova  and  one  mobile  office  deal  with  such  requests  and  the  same 
practical organisation and main procedures as in the rest of the Republic of Moldova are in 
place.  Persons  who  only  possess  documents  issued  by  the  Transnistrian  'authorities'  can 
register  their  civil  status  documents  with  the  Moldovan  authorities  by  having  them 
transcripted  by  the  Civil  Status  office  and  included  in  the  SRP.  A  document  will  then  be 
issued  to  the  individual  by  the  Civil  Status  Office  to  enable  them  to  obtain  a  Moldovan 
passport.  A  special  procedure  for  the  recognition  of  breeder  documents  issued  by 
Transnistrian  'authorities'  is  foreseen  by  the  law.  Identity  may  be  established  by  means  of 
previous Republic of Moldova identity or travel documents or on the basis of family records. 
In  many  cases,  the  verification  of  the  identity  of  the  individual  will  be  relatively  simple  as 
records  up  to  1992  are  available.  For  persons  born  in  the  Transnistrian  region  as  of  1992 
onwards,  establishing  identity  and  entitlement  to  Republic  of  Moldova  citizenship  requires 
investigation  of  the  records  of  the  parents  and  siblings  in  order  to  establish  the  family 
relationship. Finally a reasonable level of certainty on the identity can be reached by cross-
referencing data relating to family members’ records in the SRP 

•  Prompt  and  systematic  reporting  to  Interpol/LASP  data  base  on  lost  and  stolen 

passports 

Processes are in place since October 2011 for the details of all lost and stolen passports to be 
sent every five minutes from the ‘Registru’ to the Police National Central Bureau (hereinafter 
NCB)  which  is  the  liaison  point  with  Interpol.  The  NCB  sends  this  information  to  Interpol 
also  on  a  daily  basis  through  a  real-time  electronic  system.  No  distinction  is  made  between 
lost and stolen passports. The border crossing points are connected to the Interpol database on 
lost  and  stolen  passports.  The  numbers  of  lost  passports  are  very  high  compared  to  their 
production. In 2011, 29 946 passports were declared lost whereas 261 259 were produced. In 
2012,  32 343  passports  were  declared  lost  whereas  260 393  were  produced.  Since  October 
2011, 15 603 lost passports have been declared found and retrieved.  

•  Regular exchange of passport specimens and cooperation on document security with 

the EU 

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According to the Moldovan authorities the population of the Transnistrian region is 509 400 persons, 
out  of  which  55%  are  citizens  of  the  Republic  of  Moldova  and  33  128  of  which  hold  Republic  of 
Moldova biometric passports. 

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EU  Member  States  are  updated  on  a  yearly  basis  on  new  Republic  of  Moldova  passport 
specimens through a specific channel of communication. Moreover, since 2009, the Republic 
of Moldova has joined the Public Register of Authentic Identity and Travel Documents online 
(hereinafter PRADO) of the Council of the European Union. The last update in the PRADO 
system was done on 1 July 2011, introducing the new specimens with the Moldovan biometric 
passports  security  features.  In  December  2012,  65  new  specimens  with  the  Moldovan 
diplomatic and service biometric passports security features were sent. In 2012, the Document 
Expertise Division of the Border Police Department has received through Ministry of Foreign 
Affairs and European Integration (hereinafter MFAEI) specimens of EU Member States travel 
documents (62 pieces).  

(b) Assessment of Impact recommendations 

•  Establish  and  apply  proportionate,  effective  and  dissuasive  sanctions  for  persons 

convicted of selling or lending their passports 

Art. 361 of the Criminal Code of the Republic of Moldova already provides for sanctions for 
fabrication,  possession  sale  or  use  of  false  official  documents.  Regarding  lost  or  stolen 
passports,  Moldovan  authorities  are  currently  examining  the  possibility  to  tighten  the 
conditions for issuing passports to persons that admitted such cases.  

•  Regularly  share  with  the  EU  authorities  data  on  lost  and  stolen  biometric  passports,  in 

particular using Interpol's Lost and Stolen Travel Document database 

See VLAP benchmarks point "Prompt and systematic reporting to Interpol/LASP data base on 
lost and stolen passports", page 5 of this report. 

•  Strengthen the legal and institutional framework regarding the "Civil Registry" in order 
to  prevent  the  abuse  of  change  of  names  or  identity  for  the  purpose  of  obtaining  a  new 
passport.  Clear  rules  should  be  established  and  applied  regarding  name  changes;  the 
legal and institutional framework should be strengthened and include effective control as 
well as traceability measures 

Any citizen can file an application in order to change his/her name or surname. The decision 
is taken by the Central Civil Status office following opinion of a special committee. The law 
does not contain any limitation in the number of times name or surname can be changed. The 
unique personal identification number (hereinafter IDNP) in the birth certificate can never be 
changed and in case of change of name or surname all previous travel and identity documents 
are invalidated. Border controls upon exit are made on the basis of the IDNP, while the border 
police  have  the  access  to  the  SRP  where  all  the  previous  names/surnames  of  Moldovan 
citizens are contained. The system in place reduces significantly the abuse of name changes.  

General assessment Block 1 

The  organisation  and  processes  in  place  ensure  a  good  level  of  integrity  and  security  of 
documents.  Civil  status  registration  and  document's  issuance  processes  have  significantly 
improved since  2010. The application and issuing systems  in place  are  secure,  well thought 
and  provide  a  good  service  to  citizens.  ICAO  compliant  biometric  passports  are  being 
distributed and old passport types are being rapidly phased-out. The Republic of Moldova is 
also requested to provide further information on the high number of lost passports. 

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

Further action is required on: 

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• 

Introduce  the  use  of  a  booklet  with  integrated  chip,  implementing  both  the  Extended 
Access Control (EAC) and the Supplemental Access Control (SAC).  

•  Automate  as  many  processes  as  possible,  dismissal  of  the  remaining  number  of  manual 
procedures  that  currently  exist  and  creation  of  an  electronic  link  of  ‘Registru’  with  the 
Ministry of Interior. 

BLOCK 2: IRREGULAR IMMIGRATION, INCLUDING READMISSION 

Block 2 / topic 1 - Border management 

(a) VLAP benchmarks 

•  Effective  implementation  of  legislation  on  border  control  through  adequate  border 
checks and border surveillance, procedures and operational effectiveness, situational 
picture  at  national  and  local  level,  including  implementation  of  risk  analysis, 
intelligence  and  data-flow  management  as  well  as  direct  access  and  consultation  of 
relevant national and international databases 

On July 1, 2012, a Law on the Border Police came into force according to which the Border 
Guard  Service  has  been  restructured  into  the  Border  Police  Department  of  the  Ministry  of 
Interior (hereinafter MoI) of the Republic of Moldova. 

The  Border  Police  has  competences  and  executive  powers  in  the  field  of  integrated  border 
management, as well as in the prevention and combating of cross-border crime. The Law on 
State  Border  follows  the  definitions  and  framework  of  the  Schengen  Borders  Code12  and  it 
takes into account also the European Union legal framework for carriers’ liability, especially 
the  Directive  on  the  obligation  of  carriers  to  communicate  passenger  data  (Directive 
2004/82/EC).  The  Border  Police  are  carrying  out  their  activities  under  similar  rules  and 
regulations as border guards in the EU Schengen states. In the area controlled by the Republic 
of Moldova, 56 border crossing points (hereinafter BCPs) are in place and traffic across the 
Republic  of  Moldova  borders  varies  between  13  and  15  million  passengers  annually.  The 
border  checks  are  broadly  carried  out  in  line  with  best  practices  of  the  EU  Schengen 
Catalogue. 

Reporting  and  risk  analysis  systems  are  at  a  very  good  level,  even  when  compared  to  the 
Schengen  countries’  systems.  The  risk  analysis  system  follows  the  FRONTEX  common 
integrated risk analysis model (CIRAM) and the profiles are well drafted and of high quality. 
Being part of the FRONTEX Eastern Borders Risk Analysis Network (EB-RAN), the Border 
Police exchange information with FRONTEX on a monthly basis. Furthermore, with the help 
of  the  EU  Border  Assistance  Mission  to  the  Republic  of  Moldova  and  Ukraine  (hereinafter 
EUBAM), the Border Police and the Customs, and their Ukrainian counterparts are drafting 
Common Border Security Assessment Reports.  

The  border  surveillance  is  planned  and  conducted  according  to  a  risk  analysis  system.  The 
number of patrols is at reasonably good level. The integrated border management (hereinafter 
IBM) includes plans to build a comprehensive fixed surveillance system along the borders. By 
introducing  the  fixed  surveillance  system  with  the  complementing  portable  (non-manned) 
systems, the Border Police can take the border surveillance system at an adequate level. The 
Border  Police  has  an  adequate  number  of  service  dogs  (123  in  total,  74  of  those  tracking 

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Regulation  (EC)  No  562/2006  of  the  European  Parliament  and  of  the  Council  of  15  March  2006 
establishing a Community Code on the rules governing the movement of persons across borders  

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dogs). In general, devices for border checks at the first line fulfil the European standards. The 
number of alerts in the databases was over 5 700 in 2012 (5 687 national alerts; 56 Interpol 
alerts)  and  the  total  number  has  more  than  quadrupled  compared  to  2011.  The  first  line 
officers  have  an  access  to  the  Border  Police  Integrated  Information  System  (hereinafter 
BPIIS),  legal  framework,  foreign  alerts,  risk  profiles  and  internet  (e.g.  PRADO).  All  BCPs 
have online connections with the central databases. Due to the lack of sufficient devices, the 
level of second line checks is not at an adequate level at all the BCPs.  

•  Provision of adequate infrastructure, technical equipment, IT systems, financial and 
human  resources  in  accordance  with  the  IBM  Strategy  and  Action  Plan  to  be 
adopted,  and  effective  implementation  of  training  programmes  and  anticorruption 
measures 

The Border Police is upgrading the border surveillance system and will establish a National 
Coordination Centre (hereinafter NCC). Development of the situational picture is part of an 
on-going three-phase plan named “Development of fixed and mobile communication system 
at the state border”. Those phases include the acquisition of equipment and the building of a 
fixed and mobile telecommunication system for the whole country. Establishment of the NCC 
will improve the situational awareness, and it will also enable cooperation with the European 
external  border  surveillance  system13  (hereinafter  EUROSUR).  The  Border  Police  have  a 
sufficient  number  of  devices  for  border  surveillance  (e.g.  thermo  vision  cameras  and  night 
vision goggles, but are currently lacking fixed surveillance systems). 

The  planned  number  of  staff  of  the  Border  Police  is  3  543,  out  of  which  83%  (2  945)  is 
currently fulfilled. The reason for the lack of staff is that conscripts are no longer employed 
for border control and all the vacant posts should be filled in by the end of 2013. The National 
College  of  Border  Police  organises  two-year  training  programmes  for  non-commissioned 
officers and six months basic training courses for new employees. The two-year program for 
non-commissioned officers applies the Copenhagen process, and it was drafted with the help 
of EUBAM and according to the EU Common Core Curriculum (hereinafter CCC) for border 
guard  training.  In  general,  training  programs  give  a  solid  basis  for  preparing  professional 
personnel  for  border  management  purposes.  The  Border  Police  have  already  implemented 
most of the recommendations and best practices on the prevention of corruption14 of the EU 
Schengen  Catalogue  on  External  borders  control15.  The  Deontological  Code  of  the  Border 
Police  was  approved  on  13  June  2008  and  the  Border  Police  salaries  are  at  a  competitive 
level. Unannounced controls are carried out and Border police personnel have to make public 
their  personal  interests  and  incomes  upon  entering  into  service  and  annually  after  that.  A 
system of regular rotation of personnel is in place. 

•  Improvement  of  inter-agency  cooperation  (including  exchange  of  data  between  the 
Border  Guard  Service  and  law  enforcement  agencies)  international  cooperation, 
including  cooperation  with  neighbouring  countries  and  implementation  of  working 
arrangement with FRONTEX to a high level of effectiveness. 

Inter-agency cooperation in border management has reached a satisfactory level. The Border 
Police  have  very  intensive  cooperation  with  the  Police,  the  Customs,  and  the  Bureau  for 
Migration  and  Asylum  (hereinafter  BMA).  The  cooperation  between  the  Border  Police  and 

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SEC(2011) 145 final 
In  2012,  there  were  87  investigated  cases  of  corruption,  92  investigation  cases  concluded,  102 
disciplinary sanctions applied, out of which 34 cases resulted for dismissals. During 2010 – 2012, four 
criminal cases on serious corruption offences have been initiated. 
EU  Schengen Catalogue on External  borders  control,  Return  and readmission,  Recommendations  and 
best practices, Council document 7864/09.  

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the General Prosecutor Office (hereinafter GPO) structurally increased after the Border Police 
received  new  competences  for  criminal  investigations.  The  main  forms  of  inter-agency 
cooperation are the exchange of information, joint investigation teams, joint actions and joint 
training.  At  all  the  BCPs,  the  Border  Police  and  Customs  have  implemented  one-stop 
controls.  They  are  using  common  cargo  vehicles  registration  system  and  they  can  use  each 
other's devices e.g. for checking vehicles.  

The  Border  Police  has  established  a  comprehensive  set  of  cooperation  agreements  and 
protocols  with  Romania  and  Ukraine.  In  2012,  the  Border  Police  continued  the  cooperation 
with  EUBAM,  ensuring  efficient  implementation  of  the  Annual  Phase  9th  Action  Plan 
activities16.  Since  2006,  the  Border  Police  has  a  liaison  officer  in  the  Galati  joint  centre  for 
cross-border  cooperation.  Cooperation  agreements  exist  with  some  EU  Member  States 
(Latvia, Lithuania, Estonia, Hungary and Poland). Cooperation with other Commonwealth of 
Independent  States  (hereinafter  CIS)  countries  takes  place  via  the  Commanding  Council  of 
Border  Guard  Services  of  the  CIS.  Finally,  there  is  a  cooperation  protocol  between  the 
GUAM17  states’  border  guards.  The  Border  Police  signed  a  working  arrangement  with 
FRONTEX  in  August  2008  and  it  has  participated  in  numerous  FRONTEX  coordinated 
activities. In December 2012, the National FRONTEX Point of Contact (NFPOC) was created 
within  the  Border  Police  Department,  assigned  with  competences  in  coordination  and 
implementation of the FRONTEX Cooperation Plan’s provisions.  

(b) Assessment of Impact recommendations 

•  Continue  to  strengthen  border  controls,  including  risk  analysis  and  surveillance 
measures,  as  well  as  preventing  and  fighting  corruption  at  the  border,  and  continue  to 
enhance cooperation with EUBAM in all areas of border management; 

See VLAP benchmarks point page 7 and 8 of this report. 

•  Enhance cooperation with neighbouring countries. Strengthen bilateral and international 
cooperation  and 
information  exchange  on  statistical  and  analytical  data  and 
tactical/operational data/intelligence, through measures such as initiating/participating in 
joint  cross-border  operations,  joint  investigation  teams,  and  joint  intelligence  teams, 
facilitating  the  exchange  of  liaison  officers  in  such  operations,  offering  training  for 
conducting joint border and customs controls 

See VLAP benchmarks point page 8, 9 and 10 of this report. 

• 

Improve  training  and  capacity  building  with  regard  to  international  customs  and  law 
enforcement cooperation and information exchange. 

See VLAP benchmarks point page 8, 9 and 10 of this report. 

•  Coordinate the control activities at the common border. Share intelligence and enhance 

common situation assessment at the operational level. 

See VLAP benchmarks point page 8, 9 and 10 of this report. 

•  Enhance cooperation with neighbouring countries, in particular Ukraine 

The Republic of Moldova and the Ukrainian authorities have started in 2007 a pilot project on 
the  Jointly  Operated  Border  Crossing  Point  Rososhany-Briceni  (hereinafter  JOBCP).  The 
pilot project on the JOBCP was planned and started with the help and support of the EUBAM 
and the European Commission. Both counterparts have handed over the responsibility of exit 

16 
17 

http://www.eubam.org/files/20121206142708402683P9AP_ENG_Second_Year.pdf  
The Georgia, Ukraine, Azerbaijan and the Republic of Moldova (GUAM) Organization for Democracy 
and Economic Development 

EN 

9 

   EN 

 
                                                 
checks  to  each  other.  The  principles  of  “single  window”,  “one-stop  shop”,  “hand-to-hand”, 
“under one roof” and  “shoulder-by-shoulder” have been successfully introduced in  the pilot 
JOBCP. 

•  Continue to sustain cooperation with EUBAM and implement EUBAM recommendations 

on improving and intensifying the use of mobile units 

The Transnistrian segment of the Republic of Moldova-Ukraine border does not fall the under 
control  of  the  Republic  of  Moldova  Border  Police  and  Customs.  This  segment  includes  25 
official  crossing  points  to  Ukraine  and  internationally  recognized  border  checks  and 
surveillance  functions  are  fulfilled  only  by  the  Ukrainian  Border  Guard.  Along  the  internal 
administrative line between the Transnistrian region and the Republic of Moldova 14 Internal 
Customs  Control  Posts  (ICCP)  are  in  place  where  checks  on  goods  are  performed  by  the 
Customs of the Republic of Moldova.  

In February 2013, the Moldovan authorities started implementing a new strategy in order to 
prevent  irregular  immigration  and  cross-border  crime,  and  to  facilitate  passengers  flow 
through  the  Transnistrian  region.  The  strategy  includes  measures  such  as:  registration  of 
foreign citizens entering and exiting the Republic of Moldova across the administrative line; 
strengthening  capacities  of  ICCPs  by  the  BMA  (at  6  of  the  ICCPs  there  will  be  a  24/7 
registration  office  for  foreigners);  drafting  rules  for  ICCPs  (data  protection,  exchange  of 
information  between  authorities  and  division  of  tasks);  information  campaign  on  new 
registration  rules  for  foreigners;  establishing  mobile  units18  throughout  the  country  and 
reinforcing  cooperation  with  the  Ukrainian  authorities  and  the  EUBAM.  According  to  this 
strategy, foreign citizens that enter or leave the territory of the Republic of Moldova through 
the Transnistrian region, including the ones residing there, can voluntarily register themselves 
at the ICCPs, BCPs or in defined offices in Chisinau, Balti or Comrat. This mechanism will 
not  affect  the  movement  of  foreigners  within  the  internationally  recognised  borders  of  the 
Republic  of  Moldova.  In  order  to  tackle  irregular  immigration  and  cross-border  crime  a 
mobile  unit  of  70  officers  will  carry  out  risk-analysis-based  inland  controls  throughout  the 
country.  These  patrols  will  be  conducted  more  frequently  as  joint  patrols  composed  of  the 
Customs, Police, Border  Police and  BMA. The implementation of this policy, including the 
legal  framework,  is  planned  to  be  accomplished  in  the  first  half  of  2013.  In  addition,  the 
Republic  of  Moldova  has  the  intention  on  extending  the  practice  of  joint  controls  and 
patrolling with Ukrainian border guards of the central (Transnistrian) segment of the common 
border.  This  practice  was  initiated  in  2012  on  the  northern  segment  of  the  border,  in  the 
jointly operated border crossing point of Rososhany-Briceni, and will soon be extended to the 
border crossing point in Palanca / Mayaki on the southern segment of the border. 

Assessment Block 2 / topic 1 - Border management 

The Republic of Moldova Border Police is organised according to the recommendations of the 
EU  Schengen  Catalogue,  the  border  checks  and  surveillance  are  carried  out  mainly  in  line 
with  the  EU  standards  and  the  risk  analysis  system  is  organised  according  to  the  Schengen 
best practices. Certain technical improvements are still necessary.  

Further action is required on: 

• 

18 

EN 

Introduce fixed technical surveillance systems along the land border. Implement best EU 
practices for the establishment of the NCC and RCCs.  

The Border Police Department received in April 2013 all the necessary equipment and 30 patrol cars in 
order for the mobile units to be functional.  

10 

   EN 

 
                                                 
• 

Intensify  checks  on  vehicles  for  the  detection  of  hidden  persons  and  improve  the  risk 
analysis  and  profiling  of  Trafficking  of  Human  Beings  (THB).  Improve  training  and 
availability  of  first  line  and  second  line  officers  for  the  detection  of  forged  documents. 
Continued  acquisition  of  equipment  for  second  line  checks  and  vehicle  checks.  Monitor 
and  record  border  checks  through  cameras  in  every  booth.  Intensify  anti-corruption 
prevention at the Customs and implement best EU practices. 

•  Further  implement  a  mobile  unit  concept  for  the  Transnistria  region  composed  of 
competent  law-enforcement  authorities  trained  in  tackling  irregular  immigration  and 
cross-border  crime.  An  automatic  exchange  of  information  and  personal  data  should  be 
ensured in real time between all the law-enforcement authorities. 

Block 2 / topic 2 - Migration management  

(a) VLAP benchmarks 

•  Continued  effective  implementation  of  the  EU-Republic  of  Moldova  readmission 
agreement  and  measures  for  the  reintegration  of  Moldovan  citizens  (returning 
voluntarily or readmitted) 

The  Bureau  for  Migration  and  Asylum  (BMA)  Department  of  the  MoI  is  the  competent 
authority for the implementation of the Republic of Moldova’s readmission agreements. The 
following readmission agreements of the Republic of Moldova and other states are in place: 
EU (signed in Brussels on 10 October 2007), Norway (09 August 2006), Swiss Confederation 
(01 June 2004, 19 May 2010), and Turkey (01 November 2012). Negotiations continue with 
Albania,  Azerbaijan,  Russian  Federation  and  Lebanon.  During  the  last  meeting  of  the 
Republic of Moldova – EU Joint Readmission Committee19 it was explained that in terms of 
readmission  applications  concerning  Moldovan  nationals  from  EU  countries,  numbers  have 
declined from 242 in 2011, to 142 in 2012 and to 57 for the first 5 months of 2013. In 2012, 
the highest number of applications came from France (54), Germany (34) and Austria (26).  

The Ministry of Labour, Social Protection and Family has put in place sustainable measures 
for the reintegration of Moldovan citizens through the National Employment Agency offices. 
Regular labour market fairs are organized, a hotline is in place, available information (leaflets, 
information  panels,  brochures)  on  the  labour  market  vacancies  and  unemployment  social 
benefits  are  well-displayed  in  all  local  branches.  The  PARE  1+1  programme  continues  to 
support the local investments of returned Moldovan citizens with a Government top-up. 

•  Effective  implementation  of  legal  framework  for  migration  management,  including 
provision  of  administrative  structures  with  adequate  human  resources  with  clear 
and  relevant  competences  for  all  aspects  of  migration  management,  as  well  as 
effective cooperation between relevant agencies 

Migration management in the Republic of Moldova is framed by the Law no.200/16.07.2010 
on  foreigners’  regime  in  Republic  of  Moldova.  The  older  national  laws  (i.e.  Law  no. 
275/1994,  Law  no.180/2008)  still  apply  to  legal  stays  of  foreigners  and  they  have  not  been 
repealed and integrated into the New Law. Comprehensive procedures for clarifying the time 
limits and no contravention sanctions in the mechanism of voluntary return are still pending, 
as well as safeguards for families and children20.  

19 
20 

The most recent Joint Readmission Committee took place on 12 June 2013. 
In  accordance  with  the  minimum  standards  of  the  Council  Directive  2008/115/EC  for  returning 
irregularly staying third-country nationals. 

EN 

11 

   EN 

 
                                                 
The  Bureau  for  Migration  and  Asylum  (BMA)  within  the  MoI  is  the  main  responsible 
authority  for  migration  management  in  the  Republic  of  Moldova.  The  Commission  for 
coordination of certain activities related to migration issues (established by the Governmental 
Decision 133/23.02.2010) provides for the implementation of all state policies and strategies 
in the field of migration, the prevention and combating of irregular migration, as well as the 
coordination  of  all  competent  public  authorities’  activities  in  the  field  of  migration 
management. In the context of the internal restructuring of the MoI, BMA was equipped with 
adequate  human  resources  (22  staff)  for  the  coordination  of  several  tasks  undertaken  in  the 
Migration  Strategy.  The  Immigration  Department  within  BMA  has  additional  competences, 
such  as  the  registration/cancelation  of  foreigners  domicile  or  residence,  the  registration  of 
temporary residence of foreigners posted in the Republic of Moldova up to 90 days21, as well 
as  the  coordination  of  issuing  long  term  visas  and  combating  irregular  stay  of  foreigners. 
Continuous training to BMA staff is provided in the framework of different EU-projects, with 
the support of IOM, ICMPD and UNHCR. Extensive workshops on Visa Information System 
and study visits to several EU MSs are organised in the framework of ReVis Project. 

During  the  last  meeting  of  the  Republic  of  Moldova  –  EU  Joint  Committee  on  Visa 
Facilitation22,  it  was  concluded  that  the  visa  refusal  rate  for  Moldovan  citizens  has 
significantly  decreased  from  11.43%  in  2010  to  6.53%  in  2012.  The  statistics  for  2010  and 
2012 show that the uniform Schengen visa refusal rate has decreased at the EU embassies and 
consulates in Chisinau. For the Czech Republic – decreased from 22.72% to 9.55%; Lithuania 
– from 15.86% to 2.9%; France – from 14.11% to 9.9%; Poland – from 11.64 % to 6.42%; 
Italy – from 15.23% to 8.0%;. Hungary (Common Visa Application centre) – from 7.75% to 
5.9%; Germany - from 5.33% in 2010 to 2.4% in 2012. The weighted average visa refusal rate 
in 2010 was 11.43%%, it was 4.8% in 2012. The percentage of multiple-entry Schengen visas 
issued in the Republic of Moldova also grows steadily (25.2% in 2010 and 26.7% in 2012). 

•  Migration profile established and regularly updated and effective analysis of data on 

migration stocks and flows 

According  to  the  official  statistics  (Border  Crossing  Points)  on  1  January  2013  –  899  500 
Moldovan citizens are abroad, from which 274 500 stayed abroad less than 3 months, 289 500 
more  than  3  months,  100  700  up  to  1  year,  55  600  up  to  3  years  and  179  100  more  than  3 
years.  The  Extended  Migration  Profile  (EMP) was established by  Government Decision no. 
634/24.08.2012 on the approval of the list of indicators and EMP template. The first EMP was 
published in April 2013. The EMP will serve as an instrument to develop more efficient and 
coherent  migration  policies  in  the  Republic  of  Moldova,  complementary  to  the  National 
Migration  Strategy  and  its  coordination  mechanism.  A  specialized  unit  responsible  for 
producing  and  updating  the  Extended  Migration  Profile  has  been  created  within  the  BMA 
(Unit on information development, data management and risk analysis – 5 people).  

•  Consistent  implementation  of  an  effective  methodology  on  inland  detection  of 
irregular  migration,  risk  analysis  (including  the  reporting  of  relevant  agencies  and 
analysis on each administrative level e.g. local, central), and investigation of cases of 
organised  facilitated  irregular  migration,  including  effective  cooperation  between 
relevant agencies 

Detection of irregularly staying foreigners is performed by specific checks and controls of the 
BMA.  Evidence  is  checked  against  the  BMA  Integrated  Automated  Information  System 
Migration  and  Asylum  (SIIAMA),  records  of  Border  Police;  the  State  Population  Register 

21 

22 

In accordance with Council Directive 96/71/EC concerning the posting of workers in the framework of 
the provision of services 
The most recent Visa Facilitation Joint Committee took place on 12 June 2013. 

EN 

12 

   EN 

 
                                                 
(ACCESS),  BNC  INTERPOL,  Computer  Evidence  of  prosecuted  persons  -  "SEARCH“. 
BMA  conducts  raids  throughout  the  country  in  cooperation  with  the  Labour  Inspection,  the 
State Tax Inspectorate and the National Centre for Public Health. As a result, 107 foreigners 
in  2011  and  123  foreigners  in  2012  were  convicted  for  violation  of  staying  rules  and 
undeclared  work.  Additional  34  staff  was  provided  to  ensure  a  regional  coverage  of  the 
country  and  setting  up  three  regional  services  of  the  BMA  Combating  irregular  stay  of 
foreigners.  The  BMA  has  recently  established  an  Information  Development,  Data 
Management  and  Risk  Analysis  Unit  (5  staff)  and  the  Border  Police  has  also  set  up  a 
specialised Risk Analysis Unit on irregular migration. Dissemination and use of these data in 
all BCPs is performed through on-line database available in all BCPs. In order to ensure the 
comprehensive  implementation  of  the  Law  on  foreigners  and  regulating  acts,  the  BMA 
cooperates  with  the  following  MoI  specialised  departments:  Police  department,  Penitentiary 
department,  Information  and  security  service,  Border  Police  department,  Carabineer  troops 
department. A cooperation agreement between the BMA and the Border Police Department in 
order  to  prevent  and  combat  irregular  migration  of  foreigners  at  the  borders  and  within  the 
territory of the Republic of Moldova was signed on 20 December 2012.  

An  Action  Plan  for  the  implementation  of  the  measures  to  ensure  control  of  the  migration 
flows  through  the  Transnistria  region  is  implemented.  It  is  intended  to  have  a  better 
registration  of  foreigners  at  the  Internal  Customs  Control  Posts  and  a  control  of  migration 
flows  by  the  MoI  on  the  administrative  line.  A  unit  responsible  for  the  management  of  the 
activity  of  the  Internal  Control  Posts  for  evidence  and  registration  of  foreigners  was  set-up 
within  BMA.  Obligation  to  register  will  apply  to  foreigners  only,  without  imposing 
verification of all travellers who cross the Transnistrian region. Additionally, to the proposed 
procedure at the Internal Control Posts, the foreigners can register at: (i) any territorial office 
of  evidence  and  documentation  of  population  of  the  Ministry  of  Informational  Technology 
and Communication, (ii) Regional Services any territorial subdivision of the of the BMA (in 
Chisinau, Balti and Cahul) and (iii) subdivisions of the Border Police Department, maximum 
72 hours after the border crossing. 

•  Provision of adequate infrastructure (including detention centres) and strengthening 
of  responsible  bodies  to  ensure  effective  expulsion  of  irregularly  residing  and/or 
transiting third country nationals from the territory of the Republic of Moldova 

The  enforcement  of  the  expulsion  measure  is  performed  by  the  BMA  by  escorting  the 
foreigner to the state border or to the country of origin. Foreigners taken in public custody are 
placed in the Centre of Temporary Placement of Foreigners, a subdivision of the BMA, where 
access to legal assistance, social, cultural and human rights provided by law is guaranteed. In 
the  context  of  internal  restructuring  of  the  BMA/MoI,  the  Centre  was  allocated  additional 
human resources, having now 5 services and 40 staff. 360 foreigners were placed into public 
custody during 2009-2013, out of which: 71 persons in 2009, 80 persons in 2010, 103 persons 
in 2011, 97 persons in  2012  and  (so  far) 9 persons  in 2013. Out of 115  identification cases 
initiated by BMA, 85 foreigners placed into public custody without IDs have been identified. 

(b) Assessment of Impact recommendations 

•  Organise  continuous,  targeted  information  campaigns  aiming  to  clarify  the  rights  and 
obligations of visa-free travel, including information on rules regulating access to the EU 
labour market (including through the EU Immigration Portal) and liability for any abuse 
of rights under the visa-free regime 

Extended  meetings  of  the  Visa  Task  Force  have  been  organized  with  the  EU  High  Level 
Advisers, civil society and non-governmental organizations. Public information sessions take 
place  on  a  regular  basis,  as  part  of  the  EU  integration  sessions  performed  by  MFAIE  in 

EN 

13 

   EN 

 
different media/social/university environments. These public sessions also aim to clarify the 
rights and obligations of visa-free travel, including information on rules regulating access to 
the EU labour market and liability for any abuse of rights under the visa-free regime. A very 
active  information  centre  is  placed  in  Balti,  in  the  premises  of  the  National  University. 
Moreover,  many  activities  on  communication  and  information  are  executed  within  different 
projects of the EU-Republic of Moldova Mobility Partnership (ex. Legal in EU, Nexus, etc.). 
Regarding  the  exact  conditions  of  travel  into  EU,  EU  visa  policy,  provisions  of  the  EU-
Republic of Moldova Visa Facilitation Agreement, are all presented and permanently updated 
on the MFAEI website (consular information part), as well within the Centre of Appeal of the 
MFAEI, a free hotline. 

Assessment Block 2 / topic 2 - Migration management 

Operational procedures for applying the Law on foreigners are functional and the BMA has 
become  the  coordinating  actor  in  managing  the  migration  flows.  The  Extended  Migration 
Profile  has  been  established  and  alongside  a  Data  Assessment  Report.  Effective 
implementation of the EU-Republic of Moldova readmission and visa facilitation agreements 
is being observed. Adequate infrastructure including detention centres is existing. 

Further action is required on: 

•  Continue  to  apply  the  Law  no.200/2010  on  foreigners’  regime  and  repeal  older  national 

laws. 

•  Reinforce  the  human  resources  for  regional  coverage  of  the  BMA  in  the  field  of 
immigration  and  combating  irregular  stay  of  foreigners.  Provide  for  a  reporting  and 
analysis mechanism on each administrative level by reinforcing the Risk Analysis Unit. 

•  Carry  on  with  the  opening  of  BMA  registration  units  at  the  Transnistria  line.  Cooperate 

with other law-enforcement authorities and ensure automatic exchange of data. 

Block 2 / topic 3 – Asylum policy  

(a) VLAP benchmarks 

•  Effective  implementation  of  asylum  legislation,  including  provision  of  adequate 
infrastructure and strengthening of responsible bodies (staff, funding), in particular 
in the area of asylum procedures, reception of asylum seekers and protection of their 
rights, as well as integration of refugees; ensuring that beneficiaries of international 
protection have access to travel documents foreseen by the legislation 

The  Republic  of  Moldova  law  in  the  area  of  refugee  protection  is  largely  in  line  with 
international and European standards. The law on asylum provides the necessary institutional 
framework  and  legal  procedures  and  principles.  The  law  is  implemented  in  a  satisfactory 
manner. The quality of the Refugee Status Determination Procedure is good and improving. 
Access to the procedure is guaranteed by the law and implemented in practice. UNHCR has 
full access to persons of concern and has good working relations with the asylum authorities 
and  the  border  police.  The  non-refoulement  principle  is  respected  in  practice.  It  is  believed 
that  RSD  is  of  good  quality  and  is  continuously  improving.  In  2012,  refugee  status  was 
granted to 19 persons and humanitarian protection to 45 persons. 119 decisions were taken in 
total,  meaning  that  more  than  half  of  the  applications  resulted  in  the  granting  of  a  form  of 
protection. Other countries in the top 5 of applications resulting in the granting of a form of 
protection  are:  Armenia,  Afghanistan,  Kirgizstan  and  Russia.  These  numbers  might  be  an 
indication that decisions are based on objective and up-to-date country of origin information 

EN 

14 

   EN 

 
(COI)  and  that  protection  is  granted  to  those  persons  in  need  of  international  protection. 
However, the COI system needs to be reinforced and more staff hired. In the first instance23 
decision making there is an extremely low turnover rate in appeal: in 2012 all the decisions 
were maintained in judicial procedure. 

Within  the  Asylum  and  Integration  Department,  5  persons  are  working  within  the 
International  Protection  and  Asylum  Procedure  Unit.  This  is  considered  sufficient  at  the 
moment,  as  the  numbers  of  asylum  applications  are  still  relatively  low  (177  in  2012,  72  in 
2011),  which  guarantees  sufficient  time  for  qualitative  interviewing  and  decision  making. 
There  is  one  interview  room  in  the  premises  of  the  AID  and  is  well  equipped  and  offer 
sufficient privacy to the asylum applicant. It is reported that special attention is given to the 
most vulnerable persons, such as minors, victims of torture, traumatized persons, victims of 
violence  and  torture,  traumatised  persons  or  persons  with  psychological  disorder.  They  are 
generally assisted by a representative of the NGO “Memoria”. A new unit was created within 
the new structure of the BMA: the stateless and information unit, with a staff consisting of 4 
persons.  This  unit  deals  with  statelessness  applications24,  but  also  with  the  registration  of 
asylum  seekers.  A  questionnaire,  interview  template  and  guidebook  were  developed, 
guaranteeing  that  the  legal  provisions  will  be  put  into  practice.  Since  February  2012,  160 
requests were received and 16 persons were granted stateless status. 

The  “Law on integration  of  foreigners  in  the Republic of Moldova” entered into force on 1 
July  2012.  The  methodologies  for  conducting  social-cultural  accommodation  sessions  and 
state language courses have been developed. The Regulation on the procedure and conditions 
of rental housing for foreigner beneficiaries of integration programs and foreigners who have 
obtained  a  form  of  and  the  Regulation  of  the  Accommodation  Centre  have  been  approved. 
The law guarantees full access to the labour market for beneficiaries of a form of protection 
and asylum applicants, to unemployment assistance and measures to prevent unemployment. 
Several successful pilot projects have been observed. At the time of this evaluation, it was still 
not  possible  for  refugees  to  obtain  travel  documents  allowing  them  to  travel  outside  the 
territory of the Republic of Moldova. Due to issues with the tender for the issuing of IDs and 
biometric passports these documents would be available by September 2013. The Regulation 
of the Accommodation Centre for Asylum Seekers was approved by the Government on 28 
December  2012.  The  Centre  exists  since  September  2010  and  its  maintenance  and  staff  are 
paid  from  the  State  budget.  On  15  February  2013,  18  asylum  seekers,  2  beneficiaries  of 
Humanitarian protection and 1 with Refugee Status were living in the reception centre. Social 
workers, legal counsellors and UNHCR have access to the centre at all times. The conditions 
and  the  quality  in  the  Centre  are  generally  good,  despite  the  understaffing  and  insufficient 
funds.  

Assessment Block 2 / topic 3 – Asylum policy 

The  Law  on  Asylum  is  adequately  implemented  and  the  quality  of  the  Refugee  Status 
Determination Procedure is good and improving. The Republic of Moldova has developed a 
statelessness  determination  procedure  that  is  exemplary.  Considerable  progress  has  been 
achieved in the field of integration. 

23 

24 

In 2012 the average processing time for the first instance decisions amounted 107 days, well within the 
6 months deadline. When the second instance is included, this processing time is considerably longer - 
401  days.  Currently,  decisions  on  82  cases  (85  persons)  are  pending  (awaiting  a  decision  in  first 
instance or appeal instance). 
17 decisions were taken since the start of the procedure. On 1st January 2013 there were 1998 stateless 
persons on the territory of Republic of Moldova (recognised / with right of permanent residence). 

EN 

15 

   EN 

 
                                                 
Further action is required on: 

• 

Include  the  One-Stop-Shops  as  one  of  the  authorities  competent  to  receive  asylum 
applications in Article 52 of the Law on Asylum. 

•  Provide  continuous  asylum  training  for  police  and  border  police.  Ensure  the  necessary 
expertise  with  asylum  cases  within  the  judiciary,  for  example  through  creation  of 
specialised courts or specialised judges. 

•  Further  develop  the  methodology  for  COI-management  and  secure  access  to  up-to-date 

COI Subject Related Briefings. 

• 

Increase the funding for State sponsored integration measures and develop an ethical code 
for the personnel of the reception centre(s). 

General assessment Block 2 

The  Commission  considers  that  the  Republic  of  Moldova  largely  meets  the  second  phase 
benchmarks set under Block 2. Some recommendations still need to be implemented further, 
as described above. 

BLOCK 3: PUBLIC ORDER AND SECURITY 

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

(a) VLAP benchmarks 

•  Implementation  of  the  Strategy  and  Action  Plan  on  preventing  and  fighting 
organised crime including effective coordination between the relevant authorities, as 
well as conducting effective investigation, prosecution and confiscations of proceeds 
of crime; 

in  preventing  and  combating  organized  crime.  A  Roadmap  on 

In order to implement the National Strategy on preventing and combating organized crime the 
several  implementing  activities  have  been  carried  out  since  2011.  The  National  Council  for 
coordination of  the activities  to prevent  and combat organized crime was created on 4 May 
2012.  The  Council  is  an  interdepartmental  collegial  body,  created  to  ensure  an  efficient 
cooperation between the authorities of the central public administration, and coordination of 
their  activity 
the 
implementation  of  the  recommendations  of  the  EU  evaluation  missions  from  October-
November 2011 regarding the special investigative measures and combating organized crime 
was  approved  on  the  8  June  2012.  The  National  Coordination  Council  on  the  activity  of 
preventing and combating organized crime was created by the GPO. During 2012, 70 crimes 
were  committed  by  49  criminal  groups  with  229  active  members  (out  of  which  6  criminal 
groups  with  criminal  activity  at  international  level).  An  improvement  of  reporting  of  civil 
society  on  illicit  deeds,  stricter  record  keeping  and  rigid  discipline  to  avoid  concealment  of 
crimes and other offenses was observed in practice. 

In parallel to the implementation of the Strategy and the Action Plan, a major reform of the 
Ministry of the Interior (MoI) entered into force on 5 March 2013. The main principles and 
goals of the reform are the: the de-politicization of the activities of law enforcement agencies; 
the  demilitarization  of  the  Carabinieri  Troops  department;  increasing  presence  of  the  law 
enforcement agencies (LEAs) across the country, through a more coordinated deployment of 
police  units;  better  harmonization  and  coordination  of  different  police  departments  to  avoid 

EN 

16 

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overlap and duplication of functions; a more efficient response to major and serious crimes by 
specialising  criminal  investigation  activities  and  parallel  prosecution  services.  With  the 
reform  of  the  Ministry  of  the  Interior,  two  new  concepts  were  introduced  and  are  under 
implementation:  specialization  of  police  units  tasked  with  serious  and  organized  criminal 
files, and an intelligence-led policing approach. The Analysis Unit of the Police Department 
has been set up and has five intelligence analysts using I2 and the IT analytical tool Letizia. 
The  reform  has  been  universally  acknowledged  as  an  excellent  means  to  separate  policy 
making from policy implementation. The new competences of the Minister concerning police 
activities no longer include their former criminal investigation function, in line with the best 
EU and international standards. A first positive result of the reform is the appointment of the 
Chief of Police by the Government after being proposed by the Minister of the Interior. Under 
the  MoI  reform,  the  Carabinieri  have  been  reorganized,  demilitarised  and  positioned  in  the 
structure of the General Police Inspectorate. 

Activities to strengthen forensic laboratories were also undertaken. By the Order no. 399 from 
29 November 2012 an interdepartmental working group was set up to develop the legislative 
and  regulatory  framework  necessary  to  create  and  manage  a  DNA  database  and  a  DNA 
laboratory. In June 2013, experts from Austria will assist the MoI in drafting a law on DNA. 
2 million  euro  will  be  allocated  for  equipment  and  training  of  personnel  working  in  the 
technical and forensic fields.  

All  relevant  international  conventions  have  been  adopted,  and  in  general  the  current 
legislative framework and institutional system of law-enforcement could be considered in line 
with the EU’s acquis and the best EU standards, and its implementation at an advanced stage. 
However, the legislation  on confiscation still shows some gaps with respect to international 
standards and the EU acquis. Such gaps mainly relate to the freezing powers and third party 
confiscation.  

The  Republic  of  Moldova  should  strengthen  the  current  company  registration  rules  and  the 
corporate criminal liability provisions in order to limit the use of "shell" companies to launder 
the  proceeds  of  crime  and  hide  criminal  assets.  Based  on  the  statistics  on  confiscation,  the 
amounts  confiscated  are  low  in  comparison  with  the  number  of  convictions.  The  Moldovan 
authorities  should  make  an  increased  use  of  their  confiscation  powers.  The  Republic  of 
Moldova  should  establish  a  centralised  asset  recovery  office  in  order  to  strengthen  the 
identification and tracking of the proceeds of crime resulting from both domestic and cross-
border criminal activity and expediently exchange information with the asset recovery offices 
in the Member States. 

Assessment Block 3 / topic 1a - Preventing and fighting organised crime and terrorism 

The  implementation  of  the  reform  of  the  MoI  has  been  properly  planned  and  started.  Law-
enforcement  authorities  in  charge  of  fighting  serious  and  organized  crimes  are  well 
coordinated,  approach  European  standards  and  deliver  results.  Further  adjustments  and 
investment in technical means are needed to make the reform sustainable and fully exploited. 

Further action is required on: 

•  Further  develop  a  strategic  intelligence  analysis  model  for  the  Police  in  line  with 
Intelligence-led  Policing.  Step  up  efforts  in  improving  the  coordination  of  the  patrolling 
duties of all departments under the National Patrol Inspectorate. Remove the intermediary 
technical  role  of 
interception  of 
communications as for criminal investigation purposes such activities should be executed 
exclusively by law enforcement authorities.  

the  Security  and  Intelligence  Service 

the 

in 

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17 

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•  Strengthen  the  legal  framework  on  confiscation,  establish  an  asset  recovery  office, 
enhance the transparency of legal entities and systematically use the confiscation powers. 

•  Implementation  of  legislation  on  preventing  trafficking  in  human  beings  and  the 
respective National Plan, including effective coordination between state agencies and 
effective protection of victims of trafficking, in particular children; 

The Republic of Moldova made significant steps forward in the field of anti-trafficking in the 
past  2  years  in  terms  of  legal  and  institutional framework  modernisation.  It  is  apparent  that 
policies  on  anti-trafficking  are  prioritized  within  the  political  agenda.  The  National  Action 
Plan 2010-2011 and the National Action Plan 2012-2013 (with regard to the actions planned 
for 2012) were 75% fully implemented and 11% partially implemented. Many activities of the 
plan were implemented also due to the support provided by IOs and NGOs within a number 
of international programmes. A new 6th THB Action Plan will be developed in the second half 
of 2013. According to the statistics25 in 2012 at the borders were detected 18 THB cases with 
35  persons,  whereas  the  number  in  2010  was  10  (15  persons)  and  13  (29  persons)  in  2011. 
More  than  half  of  the  cases  were  detected  at  the  Chisinau  airport.  Victims  were  typically 
young girls who were trafficked to the United Arab Emirates, Turkey, Northern Cyprus and 
Saudi Arabia, and very seldom to EU countries. 

Laws and regulations on THB are in line with the international and European standards in the 
field  -  the  Palermo  Protocol  -  UN  TOC  Convention,  2000,  and  the  Council  of  Europe 
Convention  on  THB,  Warsaw  2005,  have  been  all  ratified  and  are  being  implemented.  The 
structure  of  the  anti-trafficking  national  system  is  built  upon  the  multi-agency  cooperation 
among the most relevant institutions, including civil society. It is focused as well on a human 
rights based approach which is intended to give priority to the needs of the victims. Increasing 
efforts have been made in the field of international police and judiciary cooperation, including 
the negotiations of bilateral agreements with some destination countries of trafficked persons. 
In the framework of the MoI reform, the Centre for Combating Trafficking in Persons (CCTP) 
has  been  fully  integrated  into  the  General  Police  Inspectorate  and  a  civilian  has  been 
appointed as a Director of the CCTP, with extended experience in anti-trafficking field. 

In terms of actual implementation of the anti-trafficking policies, despite considerable efforts 
the  budget  allocation  (financial  and  human  resources)  seems  to  be  still  insufficient  in  the 
perspective of a thorough government ownership and sustainability of the action in the long 
run. The government is steadily increasing its efforts in this regard. Currently the State cannot 
fund  NGOs  (because  of  the  legal  framework  currently  in  force)  which  somewhat  hinders  a 
fully-fledged  cooperation  with  the  civil  society.  However,  a  draft  law  on  public  funding  of 
private  social  services  providers  was  recently  approved.  As  to  data  collection,  a  national 
statistical database on THB is still in the making. Law enforcement authorities have their own 
database  on  investigations  and  criminal  proceedings  and  the  Ministry  of  Labour  and  social 
protection has its database on assisted persons. Recently a pilot project for the harmonization 
of data collection was launched by the Permanent Secretariat of the National Committee for 
combating Trafficking in collaboration with the IOM. 

The Government is aware and committed to prevention, and the national referral system on 
THB provides also assistance to potential victims and vulnerable groups. However, it seems 

25 

Annual figures on THB: registered crimes (140 in 2010; 111 in 2011; 151 in 2012) and victims assisted 
by the CAP (355 in 2010; 339 in 2011; 424 in 2012). Identified victims, according to the MoI: 131 in 
2011; 266 in 2012. Convictions: 7 in 2011; 13 in 2012. Assisted victims of child trafficking: 9.6% in 
2010, 14% in 2011, 13% in 2012. 

EN 

18 

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that the issue of prevention is to some extent narrowly interpreted and should include work on 
the root causes of THB. In this respect efforts are being made by the Government, with the 
support  of  specialized  NGOs,  to  improve  the  protection  of  vulnerable  children,  with  a  draft 
law on the protection of children currently under consideration. Special interview rooms for 
children  have  been  set  up  and  additionally  special  interviewing  rooms  for  victims  and 
witnesses  will  be  set  up  in  the  regions.  Guidelines  have  been  drafted  for  police,  health  and 
social workers to steer them in solving cases of domestic violence. Furthermore, the Ministry 
of Finance will grant funds for campaigns on awareness-raising among the public for 2013. 
Campaigns  for  the  public  opinion  on  the  dangers  and  seriousness  of  crimes  committed  on 
internet  are  on-going  until  August  2013,  followed  by  a  week  of  campaigns  on  THB  in 
October 2013, in line with the EU day on THB.  

The  government  seems  to  be  very  committed  to  cope  with  corruption  of  civil  servants  and 
public officials and their involvement in trafficking cases. During 2012, criminal investigation 
has been initiated against 11 persons who fall under the category public officials, of which: 
sent to court – 7 persons; classified – 1 person; On-going criminal investigation – 3 persons. 

Assessment Block 3 / topic 1b - Preventing trafficking in human beings 

Substantial improvements were achieved through the implementation of the National Action 
Plan.  The  structure  of  the  anti-trafficking  national  system  is  built  on  multi-agency 
cooperation, including with civil society. Additional funding and staffing are to be provided to 
guarantee the Government's ownership of the implementation of the anti-THB policies.  

Further action is required on: 

•  Consolidate  the  national  database  on  trafficking  fed  with  data  from  all  law  enforcement 
authorities and from public and private bodies in charge of the assistance to the victims. 
Allocate sufficient human and financial resources for the implementation of the NAP.  

•  Link the national system for the protection of victims and potential victims of trafficking 
with  the  national  system  for  the  protection  of  children.  Create  a  national  fund  for  the 
assistance, protection and compensation of victims. 

•  Further  develop  minimum  quality  standards  for  the  assistance  and  treatment  of  victims 
and potential victims of trafficking and recognise the status of social workers. Implement 
the law and the regulation on the accreditation of private social services renderers.  

•  Implementation  of  legislation  on  preventing  and  fighting  corruption,  ensuring  the 
efficient  functioning  of  the  independent  anti-corruption  agency;  development  of 
ethical  codes  and  training  on  anti-corruption,  especially  targeting  public  officials 
involved in law enforcement and the judiciary; 

In the past four years, the Republic of Moldova has made serious steps on the path of fighting 
corruption  with  recently  several  high-level  cases  of  abuse  of  official  position  emerging. 
Recent events in the Republic of Moldova point out that the indirect political dependence of 
anticorruption  institutions  poses  a  threat  to  professional  non-partisan  investigations  against 
high-level  officials.  Investigations  should  not  be  misused  and  transformed  into  a  political 
weapon.  Adequate  guarantees  must  be  put  in  place  to  secure  the  independent  and  efficient 
functioning  of  anti-corruption  institutions.  Top  appointments  must  follow  objective  and 
transparent criteria. 

The  Republic  of  Moldova  has  adopted  in  July  2011  the  National  Strategy  on  anticorruption 
2011-2015 by a decision of the Parliament - it is a complex and well-developed programmatic 

EN 

19 

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document.  In  February  2012  the  Parliament  adopted  the  Action  Plan  for  2012-2013  for  the 
implementation  of  the  Strategy26.  Many  of  the  measures  have  been  delayed  or  not 
implemented at all and the impact of the implemented measures is still to be seen. There is no 
indication  as  to  what  the  estimated  deadlines  are  for  the  measures  that  are  not  yet 
implemented. 

In the area of prevention of corruption, the Republic of Moldova has taken steps to make the 
public sector more transparent in an attempt to increase public trust in the public institutions, 
to  bring  people  closer  to  the  governmental  decision-making  process  and  to  limit 
vulnerabilities  to  corruption.  Part  of  this  effort  regards  a  wide-scale  open  data  program 
through which  the Moldovan government makes available to the public various data sets of 
public information in an open data format, including budgetary information. The Republic of 
Moldova has also introduced in 2008 the obligation of the initiator of a piece of legislation to 
post it online and allow for public comments to be submitted by the citizens. 

The  National  Anticorruption  Centre  (hereinafter  NAC)  holds  important  competencies  in  the 
field  of  prevention  of  corruption  and  Moldovan  institutions  have  started  implementing 
integrity  plans  based  on  the  evaluation  of  corruption  risks  in  each  institution27.  NAC  also 
provides  upon  request  of  the  Government  or  of  the  Parliament  anticorruption  expertise  of 
draft legislation.  

In the field of repression of corruption, the competences are split between the NAC and the 
specialized  Anticorruption  Prosecutor’s  Office  (hereinafter  AP).  Most  of  the  investigative 
work  is  done  by  the  NAC  employees  with  the  prosecutor  from  the  AP  conducting  and 
overseeing  the  activity,  issuing  various  authorizations  or  applying  for  various  court  orders 
during the investigative stage. NAC was reorganized in 2012 and shifted from the supervision 
of the Government to the supervision28 of the Parliament just to return under the control of the 
Government in May 2013. 
Lifestyle  checks29  and  integrity  testing  are  envisaged  in  the  law  of  the  NAC  and  are 
potentially being considered by Moldovan authorities for the rest of the public administration. 
Discrepancies could flag up problems and might result in sanctions being applied, including 
dismissal. Detailed procedures for lifestyle checks are still being drafted. Currently only the 
Information and Security Service can technically conduct phone tapping. NAC is allowed to 

26 

27 

28 

29 

The funds necessary for the implementation of actions included into the plan shall be provided in the 
allocations  for  2012–2013  made  to  the  public  authorities  financed  from  the  state  budget  and  local 
budgets,  in  addition  to  the  external  assistance  to  be  received  by  the  public  authorities  for  the 
implementation  of  specific  projects:  Support  of  CoE  Project  for  the  Good  Governance  and  Fighting 
Against  Corruption  in  the  Eastern  Partnership,  Support  of  the  European  Commission  in  the  project 
„Supporting the Government of the Republic of Moldova in maintaining the anti-corruption activities, 
reforming the Ministry of Internal Affairs including police, and personal data protection”. 
Until now this system has not had the envisaged impact and has not significantly modified the approach 
to  integrity  in  the  public  sector.  Self-evaluation  of  corruption  risks  was  most  of  the  time  a  formal 
exercise and the political instability had an impact over the management capacity of public institutions. 
The  integrity  plans  resulting  from  this  process  were  not  of  satisfactory  quality.  NAC  has  recently 
acquired the competence to be part in and comment on the work of the working groups entrusted with 
the analysis of corruption risks – before NAC only had a general oversight role that did not allow for 
substantial involvement in the process. 
Functional  independence  is  ensured  through  a  procedure  of  appointing  the  NAC  director  so  that  the 
term of office does not correspond to that of the Government, Parliament and President; appointing the 
NAC  director  and  deputy  directors  based  on  criteria  of  professionalism  non-political  affiliation  set  in 
the law; procedure of nomination/dismissal shall involve more than one authority; strict conditions of 
dismissal before the end of the term of office exhaustively defined in by the law. 
Lifestyle  checks  refer  to  the  verification  of  the  lifestyle  of  a  person  compared  to  the  legally  earned 
income. 

EN 

20 

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listen to the intercepted conversations in real time and make transcripts and audio recordings 
for  the  prosecutors.  Financial  investigations  are  a  weak  point  of  the  law  enforcement 
authorities in the Republic of Moldova. The lack of in-depth specialization of investigators in 
financial  investigations  has  a  serious  negative  impact  considering  the  complexity  of  the 
investigations and on ultimately on the assets recovery from convicted defendants.  

The elimination of immunity of judges for criminal investigations on corruption (articles 324 
and  326)  is  a  welcome  step  in  the  right  direction.  Similar  steps  should  be  considered  with 
regard to all the other remaining categories of officials that enjoy immunity.  

In  2011,  314  corruption  related  decisions  were  adopted,  but  few  of  them  high-level  ones  – 
213 convictions, 18 acquittals and 83 abandoned trials. In 2012, 293 decisions were adopted - 
197  convictions,  27  acquittals  and  69  abandoned  trials.  In  2012  only  in  17  cases  a  jail 
sentence was given – the rest of the convictions resulted in fines or on probation jail time, or 
the interdiction to occupy a position in the public sector. This is not a satisfactory practice as 
the courts show lenience towards offenders. The NAC has commissioned an analytical study 
to assess with the help of MIAPAC30 the level of sentencing in all the corruption cases that 
reached the courts. It would be also recommendable to organize debates within the Moldovan 
judiciary  about  sanctioning  practice  (sentencing  guidelines)  that  would  ensure  that  deterrent 
sanctions are applied in the cases of corruption. 

The National Integrity Commission (NIC) is an autonomous public authority independent of 
other  governmental  agencies,  other  entities  or  individuals.  Its  members  are  appointed  by 
Parliament for a term of 5 years. NIC is in charge with declarations of assets, of interests and 
of incompatibilities. The law establishing it entered in effect on 1 March 2012, but the NIC 
started  operating  only  on  1  March  2013.  The  NIC  has  21  staff  positions  of  which  12  are 
already employed. NIC oversees all dignitaries, prosecutors, judges, public servants and other 
managerial functions and in total it covers about 25 000 civil servants. In terms of software 
and technical capabilities the resources of NIC are scarce. The newly appointed NIC does not 
have  yet  a  track  record  on  controls  of  declarations  of  assets,  declarations  of  interests  and 
incompatibilities.  

Recently a law was passed doubling the salaries of NAC employees (EUR 500 for a starting 
position equalling the salary of a Supreme Court judge or Deputy-Prosecutor General), which 
however  might  require  providing  the  same  treatment  for  AC  prosecutors  in  order  not  to 
unbalance the system.  

The Republic of Moldova was assessed by GRECO and received 17 recommendations, 9 of 
which in the area of party funding and 8 were concerning incriminations. The GRECO report 
acknowledges  that  much  effort  was  done  to  implement  all  recommendations.  Until  now  the 
legislation to address them was not yet adopted but a working group created by the Central 
Electoral Commission (CEC)31 has prepared and publicly debated the Draft Law, which now 
must  be  adopted.  The  elimination  of  immunity  of  judges  for  criminal  investigations  on 
corruption  (articles  324  and  326)  is  a  welcomed  step  in  the  right  direction.  Similar  steps 
should be considered with regard to all the other categories that enjoy immunity.  

Assessment Block 3 / topic 1c - Preventing and fighting corruption 

30 

31 

“Support  to  the  Government  of  the  Republic  of  Moldova  in  the  field  of  anticorruption,  reform  of 
Ministry of Internal Affairs including police and personal data protection” project 
CEC is composed of representatives from various political parties with three full-time functions plus 20 
staff  and  they  operate  mainly  during  the  electoral  campaign.  The  CEC  must  have  the  necessary 
resources to implement substantive, proactive oversight of the financing of election campaigns and of 
political parties in general. 

EN 

21 

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Affirmative  action  was  taken  regarding  the  strengthening  of  the  NAC  and  the  AP,  and  the 
start  of  the  activities  of  the  National  Integrity  Commission.  Solid  safeguards,  adequate 
funding  and  additional  capacity  building  measures  are  further  needed  to  ensure  the  full 
political independence of all anti-corruption authorities.  

Further action is required on: 

•  Establish  a  solid  system  for  appointments  based  solely  on  professional  and  objective 
criteria  for  key  positions  in  anticorruption  institutions,  in  the  prosecution  and  in  the 
Supreme  Court  that  would  guarantee  their  non-partisan  and  independent  operational 
activity.  Merge  the  AP  with  the  NAC  and  restrict  its  activities  to  high-level  corruption. 
Improve  the  salary  scheme  and  boost  the  number  of  employees  in  all  anti-corruption 
institutions (NAC, AP, NIC). 

•  Further develop the legislation and practice on the control of asset declarations/unjustified 
wealth  and  conflicts  of  interests,  and  develop  financial  investigations  capabilities  in  the 
law  enforcement  authorities.  Implement  bylaws  for  NAC  lifestyle  checks  based  on 
European  best  practices  and  design  a  cooperation  mechanism  on  joint-lifestyle  checks 
with  the  NIC.  Review  the  remaining  immunities  of  officials  through  the  lens  of 
international best practices. Train judges, prosecutors and law-enforcement personnel on 
the European practices of interception of communications.  

•  Implementation  of  the  legislation  and  Strategy  for  the  prevention  of  money-
laundering  and  financing  of  terrorism,  implementation  of  relevant  legislation  on 
confiscation of assets of criminals (including the provisions addressing cross-border 
aspects); 

The  Republic  of  Moldova’s  legal  framework  on  anti-money  laundering  and  combating 
financing  of  terrorism  (AML/CFT)  is  very  comprehensive  and  complete.  Numerous 
administrative authorities are involved in the Moldovan AML/CFT regime with different roles 
and  functions,  and  all  of  them  master  their  competences.  The  level  of  institutional 
coordination  and  cooperation  among  the  different  authorities  is  good,  as  required  by 
international standards. 

In 2012, the Republic of Moldova approved and implemented several laws (Law on Capital 
Market,  Law  on  Payment  Systems  and  e-money,  Law  on  Special  Investigation  Activity), 
bylaws (Decision regarding regulation on AML/CFT measures for the non-banking financial 
market)  and  instructions  and  recommendations  in  order  to  address  some  of  the  deficiencies 
that  were  identified  in  the  3rd  Mutual  Evaluation  Report  of  the  Council  of  Europe’s 
MONEYVAL  Committee.  A  few  minor  deficiencies  in  the  criminalization  of  money 
laundering  and  financing  of  terrorism  need  to  be  addressed  and,  in  this  regard,  Moldovan 
authorities  have  prepared  legislative  changes  which  are  currently  under  way.  However,  the 
current regulation of the crimes is in line with FATF, EU and international conventions. For 
2011, out of 151 cases opened by the FIU, indictments were given in 4 cases and convictions 
were handed out in 2 cases. 

All the institutions have been included as active members of the National Strategy 2013-2017 
on AML/CFT that is about to be approved by the Moldovan Parliament. Specific tasks, duties 
and  deadlines  have  been  assigned  in  the  Action  Plan  to  each  and  every  one  of  those 
institutions, under the Office for Prevention and Fight against Money Laundering32 (OPFML) 
coordination  and  the  supervision  of  a  special  Commission  of  the  Moldovan  Parliament. 

32 

OPFML  is  a  member  with  observer  statute  of  the  Camden  Asset  Recovery  Inter-agency  Network 
(CARIN). 

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Supervision  and  guidance  of  the  financial  entities  belonging  to  the  Moldovan  AML/CFT 
regime  that  are  carried  out  by  NBM,  NCFM  and  OPFML  seem  to  be  appropriate  and 
consistent with international standards. There is a good level of compliance by the financial 
entities  with  the  preventive  measures  according  to  the  FATF  and  EU  standards:  Customer 
Due  Diligence;  enhanced  identification  measures;  on-going  business  relationships;  political 
exposed  persons;  beneficial  owner;  wire  transfers;  record  keeping;  training;  internal 
procedures and policies; compliance units; Suspect Transactions Reports (STRs). 

The  December  2012  report  of 
the  Council  of  Europe's  MONEYVAL  Committee 
acknowledged  the  steady  progress  of  the  Republic  of  Moldova  in  the  areas  of  customer 
diligence  and  reporting.  Based  on  this  Report,  the  Republic  of  Moldova  was  placed  on 
simplified regime of monitoring since December 2012. 

Assessment  Block  3  /  topic  1d  -  Prevention  of  money-laundering  and  financing  of 
terrorism 

The  AML/CFT  legal  framework  is  comprehensive  and  properly  implemented.  The  level  of 
institutional  coordination  and  cooperation  among  the  relevant  authorities  is  adequate  and 
meets European and international standards. 

Further action is required on: 

•  Further  strengthen  the  sanctioning  regime  for  AML/CFT,  increase  the  penalties  and 
improve  the  confiscation,  freezing  and  seizing  regime  for  AML/CFT  funds.  Implement 
supervision  measures  for  Designated  Non-Financial  Business  and  Professions.  Bring  in 
line cash border operations with current EU legislation and FATF standards.  

•  Continue the systematic and timely implementation of the National Strategy 2013-2017 on 

AML/CFT and the Recommended Action Plan drawn by Moneyval. 

•  Implementation  of  the  National  Anti-drug  strategy  and  its  related  action  plan, 
making the information on drug seizures and persons involved accessible at border 
crossing  points;  further  developing  cooperation  and  information  exchange  with 
relevant international bodies in the drug field;  

The  National  Anti-drug  Strategy  2011-2018  and  the  National  Anti-drug  Action  Plan  2011-
2013  are  implemented  in  line  with  the  European  standards.  The  new  national  Anti-drug 
Action  Plan  2014-2018  is  currently  being  drafted,  equal  importance  being  paid  to  tackling 
both the drug use and trafficking. 

As envisaged by the Action Plan, in April 2012, the Republic of Moldova joined the Council 
of Europe's Pompidou Group. Following the signature of the Memorandum of Understanding 
with the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) in 2012, a 
good level of cooperation has been established. 

The  2011  established  National  Anti-Drug  Commission  coordinates  interagency  cooperation 
among  governmental  institutions,  and  liaises  with  non-governmental  institutions  and  civil 
society  on  all  matters  relating  to  drug  policy.  A  very  good  level  of  cooperation  and 
coordination between the relevant bodies has been established. It applies a balanced approach 
between demand reduction and supply reduction services. 

Cooperation between the Antidrug Directorate of the General Inspectorate of the Police of the 
MoI and the institutions in charge of prevention and care is at very good level. Cooperation 
with NGOs involved in assisting drug users is satisfactory, but it seems to be more developed 
regarding  HIV-related  actions,  than  in  prevention  of  drug  use  and  harm  reduction.  In  2004 

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substitutive treatments were introduced, with methadone being distributed in health and care 
centres.  

All  drug  crimes  and  other  categories  of  offences  are  reported  and  recorded  as  crimes  in 
Integrated Automatic Information System established by the MoI in order to record offences, 
criminal  cases  and  persons  who  have  committed  offences.  Several  special  drug  operations 
have  been  conducted  successfully.  In  2012,  1  457  offences  related  to  drugs  were  registered 
and 8 criminal groups involved in illicit drug trafficking were documented. Seizures in 2012 
amounted  to  304  kg  890  grams  of  drugs.  Basic  forensic  capability  is  in  place  at  the  district 
level, but preliminary drug tests on the seized substances cannot be performed. Therefore, the 
analysis relies on external forensic laboratories, which is time-consuming and inefficient.  

The Republic of Moldova is neither a major drug trafficking nor drug producing country, but 
serves  as  a  transit  point  for  drugs  destined  for  Western  Europe.  Counternarcotic  activities 
were  so  far  hampered  by  insufficient  specialized  police  officers  and  equipment.  The 
Government has taken serious steps to address the situation in the context of on-going police 
reform efforts, and is increasing staffing and reorganisation of the specialized anti-drug units 
of the anti-drug Directorate of the MoI. 

Combating domestic cultivation of marijuana was one of the most important challenges facing 
the anti-drug Directorate during the last years. However, synthetic cannabinoids and synthetic 
cathinones emerged as a growing problem in 2012. 

Synthetic  drugs  are  reportedly  quite  widespread  (amphetamines,  methamphetamines, 
synthetic  cannabinol  and  some  synthetic  analgesics  such  as  Tramadol,  which  are  reportedly 
cheap  and  relatively  easily  available).  In  response  to  this  trend,  the  MoI  has  petitioned  the 
government to add many of these synthetics to the official list of banned substances. Multi-
drug  use  (different  drugs  or  drugs  along  with  alcohol  and  other  substances)  has  been  also 
spreading increasingly. 

Assessment Block 3 / topic 1e - Implementation of the Anti-drug policy  

The  National  Anti-drugs  Strategy  Action  Plan  2011-2013  and  the  institutional  framework 
have  been  well  implemented,  and  inter-agency  cooperation  is  at  good  level.  The  National 
Anti-Drug  Commission  is  functioning  well  and  the  Antidrug  Directorate  of  the  MoI  is  well 
organized and has  recently significantly  increased its analytical capability at the operational 
level. Further involvement of NGOs in drug demand reduction and harm reduction activities 
is necessary. 

Further action is required on: 

•  Continue  to  increase  efforts  to  equip  police  with  technical  means  to  identify  substances 

found within their operations. 

•  Ensure further involvement of NGOs engaged in anti-drug activities and treatments. 

•  Implementation  of  relevant  UN  and  Council  of  Europe  Conventions,  as  well  as 

GRECO recommendations in the above mentioned areas. 

The Law and the Strategy for prevention and combating organised crime are fully in line with 
the provisions of the UN Convention against cross-border organized crime and its additional 
Protocols.  

(b) Assessment of Impact recommendations 

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•  Prevent and fight corruption at all levels and in all areas. 

Partially  implemented  –  see  VLAP  benchmarks  point.  Additionally,  with  the  support  of  the 
Project  Against  Corruption,  Money  Laundering  and  the  Financing  of  Terrorism  in  the 
Republic  of  Moldova  (MOLICO),  a  Practical  Guide  for  the  investigation  of  corruption  and 
corruption  related  offences  was  developed.  The  Guide  is  intended  to  anticorruption 
prosecutors  and  investigators  within  the  Anticorruption  Prosecutor’s  Office,  The  National 
Anticorruption Centre, MoI and the Security and Intelligence Service. 

•  Enhance the data collection on criminals and OCGs at national level inter alia by setting 

up and/or improving the national databases. 

See VLAP benchmarks point page 17, 18 and 24 of this report. 

•  Continue efforts to improve data indicators and crime data collection in all crime fields. 

See VLAP benchmarks point page 17, 18 and 24 of this report. 

• 

Implement  anti-corruption  actions  as  a  matter  of  priority  in  all  areas,  as  well  as  in 
relation to wider rule of law aspects. The national authorities should have the capacity to 
fight  corruption  at  all  levels  -  central,  regional,  local  and  sector-specific,  paying 
particular attention to the law enforcement and customs authorities. 

See VLAP benchmarks point page 19 to 22 of this report. 

•  Ensure  effective  protection  of  witness  of  THB,  and  further  improve  the  protection, 

assistance and support to THB victims. 

See VLAP benchmarks point page 18 and 19 of this report. 

•  Assets confiscation procedures must be agreed with the Moldovan authorities, in order to 
recover stolen property or the profit thereof, and to reduce the financial power of OCGs, 
thus facilitating their dismantlement. 

See VLAP benchmarks point page 17, 22 and 23 of this report. 

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

(a) VLAP benchmarks 

•  Implementation  of  international  conventions  concerning  judicial  cooperation  in 

criminal matters (in particular Council of Europe Conventions); 

The Republic of Moldova has a comprehensive and updated legal framework for the purposes 
of  international  legal  co-operation  in  criminal  matters.  The  law  on  the  ratification  of  the 
Second Additional Protocol to the Council of Europe Convention on Mutual Legal Assistance 
in  Criminal  Matters  was  adopted  on  26  December  2012.  This  framework,  composed  of 
several international, regional as well as domestic instruments, enables it to request and offer 
international  co-operation  in  criminal  matters  adequately,  in  line  with  European  standards. 
The legal framework covers the traditional areas of co-operation such as extradition, rogatory 
letters,  transfer  and  takeover  of  criminal  proceedings,  requests  for  recognition  and 
enforcement of foreign criminal judgments and request for transfer of sentenced persons. This 
framework includes some provisions on the use of quite effective means of investigation such 
as hearings by video-conference, cross-border observations, controlled deliveries, undercover 
operations and joint investigation teams. As a result, the legal framework is strong enough to 
face  the  increasing  demand  of  co-operation  in  the  fight  against  the  most  serious  crimes  as 
terrorism,  organized  crime,  drug  trafficking,  trafficking  in  human  beings,  corruption, 
cybercrime and money laundering. 

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Starting from 2012, the representative of the Prosecutor’s Office the Republic of Moldova is 
attending  the  plenary  meetings  of  the  Committee  of  Experts  on  the  operation  of  European 
Conventions in the field of criminal co-operation (PC-OC) of the Council of Europe. 

Incoming  and  outgoing  requests  of  international  co-operation  are  channelled  through  the 
central authorities, the GPO and the Ministry of Justice (hereinafter MJ) according to the rules 
established  by  the  Criminal  Procedural  Code  according  to  the  stage  in  the  procedure  either 
criminal investigation or conviction following trial.  

Both authorities perform their task in coordination with other internal and international bodies 
and institutions. They are adequately staffed, especially the Courts following several decisions 
adopted  in  early  2013  by  the  High  Council  of  Magistrates  to  increase  the  number  of 
investigative judges. Growing attention is paid to providing the necessary training and efforts 
are on-going to increase the necessary budgetary resources for this purpose. 

The  available  statistical  data  show  that  both  GPO  and  MJ  services  are  regularly  asked  to 
process  a  significant  number  of  requests  for  international  legal  co-operation.  Regarding 
extradition,  taking  over  cases  in  criminal  proceedings and transfers of cases in criminal 
proceedings the Republic of Moldova appears to be more a requesting than a requested 
State. During 2009-2012 GPO was asked to process per year the average number of around 
227  outgoing  requests  for  extradition  and  only  27  incoming  requests  for  extradition.  GPO 
dealt on average with 31 taking over (incoming requests) cases in criminal proceedings and 
11  (outgoing  requests)  of  transfers  of  cases  in  criminal  proceedings.  On  the  contrary,  for 
rogatory letters, the Republic of Moldova appears to be more a requested than a requesting 
State as during the same period, GPO processed per year the average number 494 incoming 
requests and 388 outgoing requests.  

MJ is also asked permanently to process requests but on a smaller scale than the GPO. During 
2012-2013,  regarding  extradition,  MJ  processed  71  outgoing  requests  and  12  incoming 
requests. MJ dealt with 14 taking over cases in criminal proceedings (incoming requests) 
and  no  request  of  transfers  of  cases  in  criminal  proceedings  (outgoing  requests).  For 
rogatory  letters,  only  global  figures  are  available  for  the  MJ,  namely  1068  cases  of  both 
incoming  and  outgoing  requests  in  civil  and  criminal  matters,  criminal  cases  being  slightly 
less numerous that the civil ones.  

MJ  is  in  addition  solely  responsible  authority  for  request  for  recognition  and 
enforcement of criminal sentences and requests for transfer of sentenced persons. During 
2012-2013  MJ  dealt  with  16  incoming  and  12  outgoing  requests  for  recognition  and 
enforcement  of  criminal  sentences.  MJ  processed  390  requests  of  transfer  of  sentenced 
persons  to  the  Republic  of  Moldova  and  21  requests  for  transfer  of  sentenced  persons  to 
foreign countries. 

The statistics on extradition show that GPO processes a more significant number of requests 
than MJ. This difference simply mirrors the fact that the requests related to cases which are at 
the  investigation  stage  are  much  more  numerous  than  those  related  to  the  trial  stage  (see 
above regarding competence).  

Regarding extradition, Both GPO and MJ refused a limited number of incoming requests. 
GPO during 2009-2012 rejected only 15 requests on legal grounds mostly because the wanted 
persons  held  the  citizenship  of  the  Republic of  Moldova  or  due  to  statutory  limitations.  MJ 
during  2012-2013,  rejected  only  one  request  on  legal  grounds  given  that  the  wanted  person 
received asylum. The limited number of refusals can be considered an indication of the open 
attitude of the Republic of Moldova authorities to co-operate with third countries. 

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The average timeframe is an important performance indicator to assess the effectiveness of 
the  international  legal  co-operation.  The timeframe  for  processing  by  both  GPO  and  MJ33 
appears reasonable and does not exceed the EU average. 

•  High level of effectiveness of judicial co-operation in criminal matters of judges and 

prosecutors with the EU Member States. 

The majority (roughly 2/3) of the requests referred to above dealt with concerns the CIS and 
only  less  than  1/3  EU  Member  States.  The  authorities  of  Republic  of  Moldova  have  been 
ensuring an effective cooperation with the relevant authorities of the EU Member States. 

•  Conclusion of an operational cooperation agreement with Eurojust 

Eurojust  finalised  the  Evaluation  Report  of  the  Republic  of  Moldova  on  data  protection  in 
autumn  2012  and  informed  the  Council  in  November  2012  about  the  proposal  to  launch 
formal negotiations on 1 February 2013 aimed at the conclusion of an operational cooperation 
agreement. The first round of negotiations took place on 10 June 2013 and was a very positive 
one, consequently negotiations are expected to be finalised soon.  

(b) Assessment of Impact recommendations 

•  Strengthen  the  judiciary  system,  including  judicial  cooperation  in  criminal  matters,  in 

particular mutual legal assistance. 

The Republic of Moldova is currently implementing a comprehensive reform of its judiciary 
system on the basis of the 2011-2016 Strategy and Action Plan including important legislative 
and institutional changes. A department for the implementation of the reform of the GPO was 
created in September 2012 and the Prosecutor's Offices Strategic Development  Program  for 
2012-2014  was  approved  in  December  2012  by  the  Superior  Council  of  Prosecutors  and  is 
currently implemented.  

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

The  Republic  of  Moldova  is  a  reliable  and  active  partner  in  international  legal  co-operation 
and its track-record demonstrates a very open attitude to co-operate with EU Member States 
and other countries. 

Further action is required on: 

•  Continue  to  improve  the  training  of  judges  and  prosecutors  on  international  matters, 

including by increasing the necessary funding. 

•  Continue  improving  the  statistics  and  record  them  using  a  commonly  defined  list  of 

parameters applicable, where relevant, to both the GPO and the MJ. 

Block 3 / topic 3 - Law enforcement co-operation 

(a) VLAP benchmarks 

•  High  level  of  operational  and  special  investigative  capacity  of  law  enforcement 

services and its consistent and efficient use to tackle cross-border crime; 

33 

(i)  Incoming  requests  for  extradition:  MJ  processes  them  in  3-4months  and  GPO  in  2-3  months;  (ii) 
Incoming rogatory letters: MJ processes them in 2-3 months and GPO in maximum 6 months; (iii) MJ 
processes incoming requests for recognition and enforcement of criminal sentences in approximately 3 
months and outgoing requests for recognition and enforcement of criminal sentences in 4-5 months; (iv) 
MJ processes requests for transfer of sentenced persons to foreign countries in 5-6 months. 

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Since  the  reform  of  the  MoI  of  March  2013,  the  National  Investigation  Inspectorate  of  the 
Police  consists  of  specialized  directorates  (serious  crimes,  organized  crime,  fraud,  drugs, 
intervention unit) and two centres (human trafficking and IT), which tackle, under the same 
umbrella,  the  whole  spectrum  of  serious  and  organized  criminal  activities.  Three  regional 
subdivisions  ensure  coverage  across  the  Republic  of  Moldova.  They  report  to  the  central 
directorates and perform investigations independently.  

Legally and technically the reform provided for a better cooperation between police services 
and  prosecutors.  A  specialized  unit  was  created  within  the  GPO  –  Division  on  control  and 
investigation of organized crime, which has duties in exercise and management of prosecution 
in  cases  of  organized  crime  offenses,  in  the  accusation  representation  in  courts  and  in  the 
control and coordination of the activities of special subdivisions vested with responsibilities in 
preventing  and  combating  organized  crime.  Furthermore,  the  GPO  operates  a  division  on 
combating trafficking in human beings and a division on combating cyber-crime.  

In  December  2012,  a  new  law  on  special  investigative  activities  entered  in  force  and  some 
amendments  to  the  CPC  were  adopted  in  April  2012.  Both  laws  harmonise  the  existing 
legislation  to  the  new  provisions  on  combating  cross-border  crime  and  international  joint 
investigation teams, review of national legislation on interception of telephone conversations 
and  review  of  relevant  legislation  in  the  framework  of  Police  Cooperation  Convention  for 
South East Europe. 

The current legal framework provides for a more suitable and lawful system to employ special 
investigative measures, regulated by law and under the control of the prosecutor and judicial 
authority. The legal provisions are in line with international and EU legal standards and put a 
wide  range  of  investigative  tools  at  the  disposal  of  investigating  services.  Various  criminal 
cases  have  been  already  solved  owing  to  such  measures,  and  investigators  and  prosecutors 
give the impression of having a clear picture and understanding of when it is practically and 
legally appropriate to use these tools.  

The  interception  and  recording  of  conversations  equipment,  by  telephone  or  live  listening 
devices  are  located  within  the  premises  of  the  Security  Intelligence  Service  and  under  their 
custody. The SIS is in charge of receiving the signals from the telephone company or from the 
listening  devices  and  it  transfers  the  signals  to  the  investigating  services  for  their  activities. 
The  current  system  creates  a  situation  whereby  actors  performing  other  duties  (such  as 
intelligence  and  counter-intelligence  for  state  security  purposes)  have  at  their  disposal  and 
control data belonging to a criminal investigation regulated by the CPC. 

The absence of control of Transnistria somewhat reduces the Republic of Moldova’s efforts to 
ensure public order and security. The smuggling of goods is the most frequent illegal activity 
and its impact has been limited through the presence of the EUBAM. At this stage, there is no 
formalized police cooperation between Chisinau and Tiraspol. 

•  High level of effectiveness of law enforcement co-operation among relevant national 
agencies - especially border guards, police, customs officers -, as well as cooperation 
with the judicial authorities; 

In  2012  the  Republic  of  Moldova  introduced  a  tool  for  international  judicial  and  police 
cooperation: the Joint Investigation Teams (JITs). The legal background is Article 19 of the 
United  Nations  Convention34  against  Transnational  Organized  Crime, 
the  Palermo 
Convention,  which  entered  in  force  after  ratification  in  the  Republic  of  Moldova  on  16 

34 

According to the Convention the competent authorities of two or more states parties may establish, by 
mutual  agreement,  a  JIT  for  a  specific  purpose  and  for  a  limited  period  of  time  to  execute  criminal 
investigations in one or more of their countries. 

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September 2005. The Moldovan law, in line with the EU requirements, establishes the general 
conditions when such teams can be established. The model used by the Moldovan authorities 
is bases on the EU Council Framework Decision and by the EU Council Resolution on JITs.  

In  the  relations  between  police  and  prosecution  no  major  obstacles  or  shortfalls  in 
communication have been observed. Cooperation in place is at good level and there is clear 
division of competences between the police and prosecutor’s office. The cases studied show a 
thorough  and  effective  knowledge  of  criminal  procedures  and  investigative  techniques  on 
both sides. The newly-established system with the MoI reform will need to be implemented 
and exploited. Another measure for increasing inter-agency cooperation was the establishment 
within the GPO in February 2013 of a control35 and investigation unit specialized in organized 
crime and consisting of 10 prosecutors with at least 10 years of experience each.  

A  sensitive  issue  is  the  powers  of  the  General  Prosecutor.  The  General  Prosecutor,  besides 
directing the main prosecution service and being in charge of the most serious criminal cases, 
has a strong power of “call-back”, to take over the responsibility for a case from any lower-
ranked  prosecutor.  This  power,  included  in  all  legislative  frameworks  for  the  purpose  of 
coordination and substitution in case of “inactivity”, may strongly limit the independence and 
autonomy  of  prosecutors,  and  should  be  exercised  with  great  caution  and  restriction.  Some 
concerns were raised on whether such a power should be somehow limited or better regulated.  

Other forms of inter-institutional cooperation between law enforcement bodies, including the 
in the field of prevention and combating of corruption, are based on informational exchange 
systems. An Automated Integral Informational System of evidence of the offences, criminal 
cases  and  of  offenders,  and  the  criminal  procedural  legislation  is  shared  since  July  2008 
between the GPO, the MoI, the Customs Service and the National Anticorruption Centre. 

•  Strengthened  bilateral  and  multilateral  operational  law  enforcement  cooperation 
agreements, including by sharing on time relevant information with competent law 
enforcement authorities of EU Member States. 

As  a  result  of  the  on-going  MoI  reform,  a  new  Centre  of  International  Police  Cooperation 
(CIPC) was created in the beginning of 2013. The CIPC brings together three subdivisions of 
Interpol,  NVC 
MoI  with  competences 
SELEC/GUAM and NCP Europol. All the offices and units in charge of international police 
cooperation are now unified within a single structure and are located in the same premises. 

international  police  cooperation:  NCB 

in 

Interpol is the centre for international police cooperation within the MoI, and is linked with 
the  MJ,  the  Customs  Service,  the  Security  and  Intelligence  Service,  the  GPO,  the  Border 
Police,  and  the  National  Anticorruption  Centre.  The  Interpol  office  receives  and  sends  all 
international  requests  for  information  related  to  Interpol’s  databases  and  it  is  linked  with 
different  databases  and  registers  in  the  Republic  of  Moldova.  The  flow  of  incoming 
information is stable and the rate of outgoing information is increasing. The officials and the 
specialists of the unit are thoroughly aware of their mandate and mission. 

Part of the wider system for international police cooperation is the GUAM unit, which ensures 
a  daily  exchange  of  information  between  Georgia,  Ukraine,  Azerbaijan  and  the  Republic  of 
Moldova.  The  amount  of  information  which  the  Republic  of  Moldova  shares  with  those 
countries through the unit is remarkable. The Moldovan authorities participate in the work of 
SELEC (Southeast European Law Enforcement Centre) and have sent two liaison officers to 
the SELEC centre and besides the exchange of information, many joint operations are planned 
and  implemented  with  SELEC  countries.  The  Republic  of  Moldova  has  posted  a  liaison 

35 

The  control  objective  means  how  law-enforcement  bodies  refer,  register  and  notify  organized  crime 
cases. 

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officer  under  Bureau  for  Coordination  of  Fight  Against  Organized  Crime  within  of 
Community of Independent States (CIS). 

The  GPO  of  the  Republic  of  Moldova  has  signed  cooperation  agreements  with  similar 
institutions from Romania, Ukraine, China, Turkey, Ireland, Hungary, Italy, and South Korea. 
In  2012  the  GPO  of  the  Republic  of  Moldova  has  signed  agreements  and  memoranda  of 
cooperation  with:  DIICOT  –  Romania;  Federal  Prosecutor’s  Office  of  the  Kingdom  of 
Belgium, General Prosecutor’s Office of Armenia, Ministry of Justice of Georgia. Currently 
bilateral agreements are being negotiated with Azerbaijan, Russian Federation, Belarus, Baltic 
countries, Bulgaria. 

Two successful examples of recent international police cooperation include in particular the 
arrest of a dangerous Moldovan criminal in Verona (Italy), with the support of the National 
Central Bureau Interpol Rome and the Carabinieri of Verona; and a sensitive video interview 
of a victim of trafficking. 

The  Republic  of  Moldova  Customs  Service  signed  in  May  2013  a  Memorandum  of  Mutual 
Understanding  with  the  European  Anti-Fraud  Office  (OLAF).  It  envisages  the  fostering  of 
cooperation,  mutual  exchange  of  information,  and  joint  operations  against  cross-border 
crimes. 

•  Conclusion of an operational cooperation agreement with Europol 

After  signing  a  strategic  agreement  with  Europol  in  2007,  a  national  contact  point  (NCP) 
Europol office was established to exchange strategic and technical information with the EU 
Agency. A Moldovan liaison officer will be delegated to Europol in Hague at the end of July 
2013 following the signature of a liaison agreement in early 2013. The preparatory phase for 
the  signature  of  an  Operational  Cooperation  Agreement  with  Europol  is  on-going  and  the 
Republic of Moldova is awaiting a Europol study visit to evaluate its data protection regime. 

(b) Assessment of Impact recommendations 

•  Cooperation between the Moldovan and Member States’ authorities should be enhanced, 

including information sharing with Europol. 

See VLAP benchmarks point on page 29 and 30 of this report. 

•  Cooperation  between  the  Moldovan  authorities  with  their  counterparts  in  EU  Member 
States  on  protection  and  assistance  should  be  strengthened,  including  the  identification 
and referral of THB victims and their safe return. 

See VLAP benchmarks point on page 18, 29 and 30 of this report. 

•  Threat assessments and exchange of information on serious crime should be developed on 
a  regular  basis,  under  the  aegis  of  Europol,  and  where  appropriate  with  support  of 
Interpol  channels.  Comparative  crime  data  should  be  collected  according  to  commonly 
defined indicators. 

See VLAP benchmarks point on page 29 and 30 of this report. 

•  Exchange  of  best  practice  and  training  of  law  enforcement  services  should  be 

strengthened. 

See VLAP benchmarks point on page 29 and 30 of this report. 

Assessment Block 3 / topic 3 - Law enforcement co-operation 

The  legal  provisions,  in  line  with  European  standards,  give  a  wide  range  of  special 
investigative  tools  at  the  disposal  of  investigating  services.  All  law-enforcement  authorities 

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are  equipped  and  dedicated  to  enhance  international  cooperation,  and  an  operational 
agreement with Europol will greatly increase these prospects.  

Further action is required on: 

•  Further  develop  strong  links  between  the  fighting  regional  and  transnational  organized 
crime unit of the Police with its counterparts in the EU, in the region and with Europol. 

•  Further implement joint planning of coordinated measures and investigations between the 
National Patrol Inspectorate and the Border Police, particularly in view of the execution of 
special investigative measures such as controlled deliveries. 

•  Enhance  cooperation  with  Ukrainian  border  and  law-enforcement  authorities,  enlisting 
EUBAM's  support.  Encourage  operational  links  and  exchanges  of  information  between 
Chisinau and Tiraspol, without prejudice to 5+2 settlement process.  

Block 3 / topic 4 - Data protection 

(a) VLAP benchmarks 

•  Implementation  of  the  legislation  on  the  protection  of  personal  data;  Ensuring 
efficient  functioning  of  the  independent  data  protection  supervisory  authority  also 
through the allocation of the necessary financial and human resources 

The Data Protection legislative framework, as revised in April 2012, is in line with European 
standards,  including  the  EU  acquis,  notably  Directive  96/46/EC.  The  Law  establishes  the 
rights  of  individuals  when  their  personal  data  is  processed  and  it  applies  inter  alia  to  data 
processing  by  businesses,  public  administration  and  the  police  sector  (excluding  data 
classified as ‘state secret’). 

The  Law  entrusts  the  key  responsibility  to  supervise  the  compliance  with  the  personal  data 
protection  standards  upon  an  independent  authority:  the  National  Centre  for  Personal  Data 
Protection (NCPDP). The 2012 NCPDP Report, available on its multilingual and user-friendly 
website, demonstrates the wide range of its activities and provides a good track record of the 
implementation  of  the  data  protection  law  indicating  that  NCPDP  both  fulfils  its  task  of 
carrying out controls of the lawfulness of personal data processing and invests efforts in the 
education of the data controllers from other institutions. The procedures for the notification of 
data processing are well established. 

The structure of the Centre approved in 2008 by law indicates a staff-limit of 21 employees. 
Currently  16  persons  are  employed  and  the  Centre  is  adequately  supplied  with  financial 
resources. For 2012, the Centre conducted 82 controls and as a result it issued: 6 decisions of 
suspending the operations of personal data processing; 1 decision on cessation of operations 
of  personal  data  processing  and  started  4  contravention  procedures  on  the  refusal  of  the 
authorities to declassify information deemed to be unfounded classified. Having legal powers 
to  investigate  complaints  from  the  subjects  of  personal  data,  during  2012  the  Centre's  staff 
examined 214 petitions and other complaints (almost 3 times more in comparison with 2011 
and  10  times  more  as  in  2010),  of  which  98  petitions  were  accepted  and  5  rejected,  in  111 
cases explanations were given and in 6 cases brought lawsuits in administrative court on the 
rejection  of  the  authorities  to  declassify  information  deemed  to  be  classified  unfounded. 
Additionally,  during  2012,  the  Centre  has  checked  41  projects  of  normative  and  legal  acts 
issued by other authorities for compliance with the principles of personal data protection. 

Assessment Block 3 / topic 4 - Data protection 

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The legislation is implemented in line with European standards, including the EU acquis on 
data  protection.  The  National  Centre  for  Personal  Data  Protection  is  independent  and 
functional. 

Further action is required on: 

• 

In  case  of  a  further  legislative  revision,  envisage  the  possibility  of  amending  the 
legislation to formally include the pre-consultation function among the tasks of the Centre.

•  Continue to actively follow up on the current pending courts cases in order to clarify the 
application  of  the  law  when  personal  data  are  processed  by  a  law  enforcement  body. 
Increase efforts to raise public awareness regarding the rules applicable to data protection 
in electronic communications.  

General assessment Block 3 

The Commission considers that the Republic of Moldova largely meets the second phase 
benchmarks set under Block 3. Several recommendations need to be further implemented so 
as to fulfil all benchmarks. 

BLOCK 4: EXTERNAL RELATIONS AND FUNDAMENTAL RIGHTS 

(a) VLAP benchmarks 

•  Ensuring  that  freedom  of  movement  within  the  Republic  of  Moldova  of  Moldovan 
citizens and legally staying foreigners or stateless persons is not subject to unjustified 
restrictions,  including  measures  of  a  discriminatory  nature,  based  on  any  ground 
such  as  sex,  race,  colour,  ethnic  or  social  origin,  genetic  features,  health  status 
(including  HIV/AIDS),  language,  religion  or  belief,  political  or  any  other  opinion, 
membership  of  a  national  minority,  property,  birth,  disability,  age  or  sexual 
orientation; 

As reflected in the VLAP benchmarks, the restriction to the freedom of movement within the 
Republic of Moldova of Moldovan citizens and legally staying foreigners or stateless persons 
concerned  their  registration  /  de-registration  procedure.  In  application  of  the  Law  on 
Foreigners 2010, a new institutional framework was established to manage foreign migrants 
lawfully resident in the country. A Bureau for Migration and Asylum (BMA) was set within 
the MoI, introducing a ‘one-stop-shop’ for quickly receiving, processing and issuing permits 
of  stay  and  identity  documents  to  foreigners  lawfully  residing  in  the  country,  as  well  as 
dealing  with  invitation  procedures,  clearance  for  repatriation  and  visa  extensions.  On  10 
December  2012,  the  service  for  providing  documentation  to  foreign  citizens  opened  two 
regional offices: one in Balti (North Regional Service), which is expected to serve about 13% 
of the foreigners living in the country, and one in Comrat (South Regional Service), expected 
to serve about  11% of  the foreigners.  The  BMA headquarters  in Chisinau  continue to  serve 
the foreigners living in the capital as well as in the central part of the country.  

Similarly, the Action Plan approved on 9 November 2011 by the Government to simplify the 
conditions for the immigration of foreigners for working reasons and facilitate the application 
for  residence  by  foreign  investors  (Decree  no.  106)  was  translated  in  2012  into  important 
legislative amendments to the Law on Foreigners 2010, the Law on Labour Migration 2008 
and  the  Law  on  HIV  2007.  These  amendments  removed  previous  discriminatory  provisions 
and effectively abolished travel and permanent residence restrictions for foreign people living 
with  HIV/AIDS.  Moreover,  the  amendments  to  the  Law  on  HIV  concentrate  on  prevention 

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measures aiming to reduce the vulnerability of women towards HIV infection, in particular by 
promoting nation-wide programmes and action in support of education and gender equality. 
Measures  were  introduced  as  well  to  ensure  the  confidentiality  of  medical  data  by  medical 
institutions, and the protection of personal data regarding HIV-infected people by the public 
administration. 

•  Full,  effective  access  to  travel  and  identity  documents  for  all  Moldovan  citizens 
including  women,  children,  people  with  disabilities,  people  belonging  to  minorities 
and other vulnerable groups. 

Specific  measures  were  put  in  place  to  facilitate  the  issuance  of  identity  documents  to 
juveniles  and  socially  vulnerable  categories.  In  2009,  the  Government  made  the  first 
application  for  identity  cards  free  of  charge  (Decision  no.  844  of  18  December  2009);  an 
information campaign (“Identity Cards for Young Citizens”) takes place annually in April and 
May.  In  2011,  6  699  persons  received  their  first  identity  documents.  Since  that  year,  the 
Ministry of Information Technology and Communication has kept record and made analyses 
of  the  cases  of  refusal  of  issuance  of  identity  documents;  this  assessment,  which  is  used  to 
guide  the  implementation  of  measures  to  facilitate  access  to  identity  documents  for  all 
Moldovan citizens, is carried out quarterly. 

The  categories  of  persons  benefitting  from  facilitated  access  to  identity  documents  include 
also  persons  with  severe,  accentuated  or  medium-degree  disabilities;  WWII  veterans  and 
assimilated  persons;  liquidators  of  the  Chernobyl  accident  and  assimilated  persons;  and 
persons  injured  during  the  military  conflict  in  Transnistria.  For  these  categories,  identity 
documents can be issued free of charge at first documentation; this benefit is permanent for 
disabled persons. Free-of-charge issuance of identity card and passport at first documentation 
is also provided to the victims of the floods of the summer of 2010 (one-time benefit); donors 
of blood / blood components (one-time benefit); and babies up to one year who must receive 
health treatment abroad, based on a pre-authorisation by the Ministry of Health (a fast-track 
issuance procedure is foreseen for such cases). 

Since January 2012, mobile documentation offices and home delivery of identity documents 
have been put in place for persons with disabilities. The mobile services are free of charge for 
children  under  the  age  of  one  year  in  need  of  medical  treatment  abroad  (based  on  referrals 
from the Ministry of Health) and for persons with severe disabilities (based on referrals from 
the Ministry of Health or the Ministry of Labour, Social Protection and Family). In 2012, the 
mobile  documentation  offices  delivered  155  identity  documents;  and  108  documents  were 
provided using the home delivery service.  

For stateless persons, the remaining obstacles to the acquisition of citizenship (on grounds of 
previous imprisonment for premeditated crimes or criminal prosecution during the application 
examination)  were  removed  by  amendments  to  the  Law  on  Citizenship  2000  adopted  on  9 
June 2011. From 1 May 2011 to 31 March 2013, 52 stateless persons obtained the Moldovan 
citizenship. 

As  regards  ethnic  minorities,  the  Moldovan  authorities  have  managed  to  put  in  place  over 
time a relatively successful set of measures to turn into practice their integration policy of the 
multi-ethnic Moldovan society. After 2009, the Government Activity Programmes 2011-2014 
and  2013-2015  "European  Integration:  Freedom,  Democracy,  Welfare"  included  a  specific 
chapter  on  “National  Minorities”  where  the  Government  committed  to  the  following 
objectives:  to  preserve  and  develop  the  cultural  and  linguistic  heritage  of  all  persons 
belonging to national minorities; to implement a coherent and multidimensional state policy 
in relation to persons belonging to national minorities; and to revise the legal framework, so 

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as  to  facilitate  the  integration  of  persons  belonging  to  national  minorities  in  the  social, 
administrative, cultural, political and economic life of the country. 

Recent  progress  towards  these  objectives,  such  as  the  first  steps  envisaged  in  the  education 
system towards multilingual education (for instance, in the Autonomous Region of Gagauzia), 
has  often  been  achieved  in  cooperation  with  international  monitoring  bodies  (such  as  the 
Council of Europe's Advisory Committee on the Framework Convention for the Protection of 
National Minorities) and despite a relatively outdated legal framework (the law on the Use of 
Languages on the territory of the Republic of Moldova dates from 1989 and the Law on the 
Rights  of  Persons  Belonging  to  National  Minorities  dates  from  2001).  The  Republic  of 
Moldova ratified in 1996 the Council of Europe Framework Convention for the Protection of 
National  Minorities,  and  up  until  now  had  limited  itself  to  signing  in  2002  the  European 
Charter for Regional and Minorities Languages ('the Charter'). In February 2012, however, a 
new dynamics took over, when the Government set up a Working group on ratification of the 
Charter,  with  a  view  to  initiating  the  drafting  of  the  Charter  ratification  instrument.  The 
authorities,  represented  by  the  Bureau  of  Interethnic  Relations,  have  since  then  made  a 
preliminary  cost  estimation  of  the  ratification  and  are  actively  working  towards  the 
ratification of the Charter.  

As regards in particular the Roma minority (0.4% of the population as per the 2004 census), 
the Ministry of Information Technology and Communication has pursued a systematic work 
programme to identify the areas of compact residence and to refine statistical information on 
Roma  people  in  the  State  Register  of  Population  ('the  Register').  The  term  “Rom”  was 
introduced into the Register as a choice for “ethnic belonging”, making it easier for members 
of  the  Roma  minority  to  identify  and  declare  themselves  (previously,  the  term  "Tsygan", 
which for many has a pejorative meaning, was the only one proposed for identification).  

information  campaigns  were  subsequently  carried  out 

Moreover,  as  the  lack  of  documents  has  a  negative  impact  on  the  enjoyment  of  social  and 
economic rights, the Moldovan authorities have the intention on continuously addressing the 
issue  of  providing  all  Roma  people  residing  in  the  Republic  of  Moldova  with  identity 
documents. In 2012, the Government exempted the citizens of Roma ethnicity from issuance 
fees for a period of six months starting from 1 October 2012 (Decision n. 497 of 6 July 2012). 
local  public 
Four 
administrations, educational institutions, Roma NGOs and the electronic media to encourage 
Roma  people  to  apply  for  identification  documents  and  social  benefits.  Thanks  to  these 
measures,  959  individuals  were  newly  provided  with  identity  cards.  Overall,  2  521  identity 
documents  were  issued  in  2012  to  Roma  people;  in  application  of  the  Action  Plan  on 
Supporting Roma People, the process of issuing identity documents to Roma people (evidence 
and documentation) is permanently monitored by the territorial subdivisions of the Ministry 
of Information Technology and Communication.  

through 

Regarding  the  registration  of  new-borns,  in  particular  to  prevent  possible  cases  of  missing 
registration  of  new-born  Roma  children,  the  Ministry  of  Information  Technology  and 
Communication  (Common  Order  no.  114/476  of  12  December  2008)  has  established  a 
mechanism for issuing birth certificates at the medical institutions, and instituted offices for 
subsequent registration of children in maternities. 

•  Effective 

implementation  of 

legislation  and  policies  on  anti-discrimination, 

implementation of relevant UN and Council of Europe instruments; 

The  Law  on  Ensuring  Equality  of  25  May  2012  entered  into  force  on  1  January  2013. 
Accompanied  by  a  package  of  legislative  acts,  including  the  Law  on  Social  Inclusion  of 
People  with  Disabilities  and  amendments  to  the  Criminal  Code,  timely  adopted  by  the 
Parliament,  and  their  implementing  acts,  it  constitutes  the  cornerstone  of  the  anti-

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discrimination framework in the Republic of Moldova. However, it can be evidenced that the 
Moldovan authorities undertook to implement without delay a robust program of actions and 
initiatives  to  promote  and  explain  the  content  of  the  new  legal  framework  to  magistrates, 
lawyers,  law  enforcement  officers  and  the  general  public.  The  results  of  these  efforts  are 
already  visible,  not  the  least  thanks  to  the  early  involvement  in  this  effort  of  relevant  and 
competent  institutions  such  as  the  Ombudsmen  /  Centre  for  Human  Rights,  the  National 
Institute  of  Justice,  some  of  them  in  partnership  with  UNDP,  and  the  help  of  a  number  of 
NGOs  and  international  partners.  In  November  2012,  the  National  Institute  of  Justice 
conducted  regional  trainings  for  255  judges  and  42  prosecutors  on  "Interpretation  and 
enforcement of the Law on Ensuring Equality". New trainings are scheduled for the current 
year. 

At  the  request  of  the  MJ,  the  Office  of  the  UN  High  Commissioner  for  Human  Rights  in 
partnership  with  the  National  Institute  of  Justice  held  on  6  December  2012  a  pilot  training 
course for 30 judges and prosecutors. For 2013, six training seminars are envisioned, out of 
which  three  have  been  conducted  (90  judges  and  prosecutors).  In  addition,  the  Advocates' 
Law  Centre  in  partnership  with  the  Bar  Association  organised  in  2013  a  series  of  training 
sessions  for  200  lawyers  (from  all  the  Republic  of  Moldova's  regions)  on  national  and 
international provisions on non-discrimination, on European Court of Human Rights case-law 
in the field, and on providing legal assistance to victims of discrimination. This initiative took 
place  in  the  framework  of  a  project  (“Consolidating  lawyers'  knowledge  on  discrimination 
cases”) funded by the Soros Foundation, which was concluded with a nation-wide conference 
on “The role of lawyers in tackling discrimination cases - European experience in practice” 
(19 April 2013). 

The  Moldovan  authorities  have  also  made  significant  efforts  to  make  operational  a  major 
element  for  the  implementation  of  the  Law  on  Ensuring  Equality,  the  Equality  Council. 
Effective  functioning  of  the  Council  and  its  ability  to  carry  out  its  duties  in  an  independent 
and impartial manner are key components of the implementation process. Two members were 
appointed  on  7  March  and  the  three  remaining  were  appointed  on  10  June.  In  the  EU-
Republic  of  Moldova  Human  Rights  dialogue  of  16  April  2013,  the  Moldovan  authorities 
confirmed  their  commitment  to  making  the  Equality  Council  operational  by  the  Autumn  of 
2013. The MJ anticipates that the budget of the Equality Council will allow funding 20 full-
time employees in the start-up phase. 

In  2012,  the  Republic  of  Moldova  recognised  the  competence  of  the  UN  Committee  on 
Elimination of Racial Discrimination to receive individual communications under Article 14 
of the UN Convention on the Elimination of all forms of Racial Discrimination. Following the 
adoption  of  the  Law  Ensuring  Equality,  the  Moldovan  authorities  are  considering  also  to 
ratify  Protocol  No.  12  to  the  European  Convention  for  the  Protection  of  Human  Rights  and 
Fundamental Freedoms.  

Apart from the Law on Ensuring Equality, other important reforms were adopted in 2012 in 
order to ensure the legislative framework for ensuring non-discrimination in accordance with 
international and European standards. The Law on HIV 2007 was amended in order to fulfil a 
two-fold  objective:  a)  to  remove  the  discriminatory  provisions  against  persons  affected  by 
HIV in different fields, including the abolition of travel and permanent residence restrictions 
for  foreigners,  and  b)  to  strengthen  the  protection  of  privacy  and  confidentiality.  These 
amendments are effectively implemented. 

Also, the Law on Social Inclusion of Persons with Disabilities (law n. 60 of 30 March 2012) 
entered  into  force,  aligning  the  Moldovan  legal  framework  with  the  country’s  obligations 
resulting  from  the  ratification  of  the  UN  Convention  on  the  Rights  of  Persons  with 

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Disabilities (UNCRPD). This new, far-reaching law applies not only to Moldovan citizens but 
also  to  foreign  citizens  with  disabilities  who  have  their  legal  residence  in  the  Republic  of 
Moldova. The law foresees cooperation between the State and civil society. According to the 
latter,  the  Moldovan  authorities  are  working  actively  on  implementation  measures  to  move 
from a ‘medical’ to a ‘social’ model for the determination of, and dealing with disabilities and 
the  rights  of  persons  with  disabilities,  and  on  the  allocation  of  the  necessary  budgetary 
resources.  

Yet, a number of measures have been already adopted to implement the provisions of Law n. 
60 concerning integration in the field of employment (Chapter V) and especially the provision 
establishing  a  5%  quota  of  employees  to  be  recruited  by  medium-size  and  large  companies 
(more 
than  20  employees)  among  persons  with  disabilities  with  an  employment 
recommendation from the National Council for Determining Disabilities and Work Capacity. 
The Ministry of Labour, Social Protection and Family launched the recruitment of 43 officials 
to be deployed to all the local offices of the National Agency for Employment with a view to 
providing personalised assistance to persons with disabilities in the job-recruitment process, 
with the participation of ad hoc associations, trade unions and employers.  

On 26 December 2012, law n. 306 'amending and completing some legal acts' was adopted by 
the Parliament; it introduced in the Contravention Code new administrative offences of labour 
discrimination,  education  discrimination  and  discrimination  regarding  access  to  public 
services and goods.  

In  addition,  the  criminal  legislation  on  ‘hate  crimes’  was  reviewed.  Article  176  of  the 
Criminal  Code  ('infringement  of  equality')  was  reformulated  so  as  better  to  define  the 
elements constituting the criminal offence (“distinction, exclusion, restriction or preference” 
instead  of  the  nonspecific  “infringement”).  Still,  some  aspects  are  not  yet  brought  in 
conformity  with  the  standards  of  specificity  and  foreseeability;  moreover,  the  criminal 
legislation  covering  ‘hate  crimes’  remains  rarely  implemented  by  law  enforcement  agencies 
and the judicial authorities. By contrast, judicial litigation in civil law cases reflect an active 
dynamic  in  Moldovan  society,  reflecting  the  Government’s  pro-active  policy,  with  the 
emergence of a track record of litigation activity initiated by civil society and state institutions 
on  discrimination  cases,  which  have  prompted  precedent-setting  rulings  by  domestic  courts 
and raised awareness of the general public to the issue. 

Furthermore, in the wake of the June 2012 ruling of the European Court of Human Rights in 
the  Genderdoc-M  case  (application  n.  9106/06),  the  central  authorities  and  the  Chisinau 
municipality showed readiness to ensure the right of freedom of assembly of LGBTI persons, 
as  shown  during  the  successful  marches  of  the  LGBTI  community  on  14  February  and  19 
May 2013. These marches were the first ones ever in the history of the Republic of Moldova 
to take place in secure conditions, under effective protection of the police.  

A positive step must be mentioned also regarding the status of transsexual people and of their 
rights  for  legal  recognition  of  change  of  name  and  legal  gender.  On  2  November  2012  the 
Supreme Court of Justice issued its 'Recommendations N. 16' on the examination procedure 
for complaints regarding the rectification of the civil status act following gender reassignment 
surgery. These recommendations correctly and expressly reflected European Court of Human 
Rights case-law, establishing the denial to recognise post-operative gender in civil status as a 
violation of the Convention for the Protection of Human Rights and Fundamental Freedoms 
(right to respect for private and family life). While commendable, this effort does not seem to 
solve entirely the issue: other legal provisions seem to continue to give ground for Civil Status 
Registry  offices  to  refuse  to  amend  a  person's  civil  status  following  his/her  gender 
reassignment, with the consequent need for him/her to contest the decision in court.  

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In the judicial field, as a consequence of the heated public debate in 2011-2012 and as a sign 
of  a  more  active  dynamic  in  Moldovan  society  on  discrimination  issues,  the  year  2012 
witnessed a remarkable emergence of litigation activities on discrimination cases. Some cases 
clarified  the  limits  of  the  freedom  of  expression  in  the  case  of  ‘hate  speech’,  among  other 
cases  in  instances  of  defamation  and  inflammatory  statements  against  Roma  people  and 
LGBTI  persons  or  the  publication  on  web-sites  of  'black  lists'  of  public  figures  "promoting 
homosexuality".  It  is  important  to  underline  that  the  Courts  adjudicated  these  cases  in  line 
with international and European standards with respect to the legitimate limits of the freedom 
of expression in cases of dissemination of ethnic, religious or social hatred ('hate speech'); in 
some of the cases, they also decided to grant moral compensation to the plaintiffs. 

Also, the Chisinau of Court of Appeal rejected a complaint lodged by a religious organisation 
against the decision of ‘Teleradio Moldova’ to broadcast a documentary on LGBTI rights as 
human  rights,  with  the  reasoning  that  the  plaintiff  had  tried  “to  enforce  an  interdiction  for 
freedom  of  expression  and  opinion  on  a  subject  related  to  the  rights  of  sexual  minorities”. 
Equally telling was the reaction prompted by civil organisations and public authorities as well 
by  the  discriminatory  measures  against  LGBTI  individuals  and  members  of  religious 
minorities adopted by some local councils, including the Balti City council. On 28 February 
2013, the Balti Court of Appeals ruled that the latter's creation of a "zone of special support of 
the  Moldovan  Orthodox  Church"  and  ban  on  the  "aggressive  propaganda  of  non-traditional 
sexual orientation" was a violation of human rights. As regards the discriminatory decisions 
adopted by some other local councils, the State Chancellery notified the concerned authorities 
about the illegality of their decisions and initiated the related legal proceedings. As a result, 
all  decisions  of  local  municipalities  were  cancelled  by  the  issuing  authorities  or  declared 
illegal by the respective courts. The same approach is being followed by the Ombudsmen in 
the case of the law 'on ensuring the principles of equality, equity and objectivity' adopted on 
30 April 2013 by the People's Assembly of the Gagauz Autonomy, which calls into question 
some  of  the  rights  established  by  the  Law  on  Ensuring  Equality,  notably  with  regard  to  the 
employment rights of LGBTI persons. 

•  Effective  implementation  of  the  National  Human  Rights  Action  Plan  measures  on 
fight  against  discrimination  (including  allocation  of  adequate  resources);  general 
awareness  raising  campaigns  against  racism,  xenophobia,  anti-Semitism  and  other 
forms of discrimination; strengthening the responsible bodies for anti-discrimination 
policy and combating racism, xenophobia and anti-Semitism; 

On  27  December  2012  the  Parliament  adopted  amendments  to  the  National  Human  Rights 
Action Plan ('the Action Plan'), prepared together by the authorities and civil society in order 
to take into account new developments, such as the outcome of the Universal Periodic Review 
(final  report  of  March  2012)  and  other  international  recommendations.  Following  this 
exercise,  new  chapters  were  included,  such  as:  Prevention  of,  and  fighting  against 
discrimination; Freedom of thought, conscience and religion; and Rights of stateless persons, 
migrants,  refugees  and  asylum  seekers.  In  the  EU-Republic  of  Moldova  Human  Rights 
dialogue of 16 April 2013 the Moldovan authorities confirmed the priority they attach to the 
continuous implementation of the Action Plan - with adequate financing - and its monitoring.  

The  latter  is  coordinated  by  an  ad  hoc  National  Commission  for  the  Implementation  of  the 
Human Rights Action Plan ('the national commission') with the technical support of the MJ, 
as well as by the Standing Parliamentary Committee on Human Rights. It is based on a set of 
performance  indicators  and  includes  a  qualitative  assessment  and  feedback  mechanism;  it 
showed that 85% of the actions planned for 2012 had been completed or were in progress at 
the end of the year. The national commission requested more involvement from the country's 
35 district councils. It also added a separate financial chapter to the Action Plan, where the 

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national and local authorities have been requested to indicate the sources of finance, internal 
or  external,  earmarked  or  required  to  ensure  full  implementation;  cooperation  with  national 
and  international  partners  has  remained  an  important  factor  for  the  implementation  of  the 
Action Plan. The Moldovan authorities have recently decided to invite representatives of the 
Council of Europe, the UN, the EU, the OSCE, national and international NGOs to participate 
in the national commission. 

The  National  Action  Plan  on  Supporting  Roma  People  2011-2015,  revised  in  2012  in 
consultation with international partners, makes a breakthrough in the Republic of Moldova's 
policies  towards  Roma  as  it  focuses  on  social  inclusion  rather  than  limiting  itself  to  the 
promotion of Roma culture. The institutionalisation of the Roma community mediators is an 
important step towards better integration of Roma people. The work of the network of Roma 
community  mediators,  now  on  the  pay  roll  of  the  Republic  of  Moldova  budget,  should  be 
pivotal for the intended strategy of social inclusion, based on combined efforts of the central 
and  local  authorities,  the  active  participation  of  civil  society  and  international  organisations 
(such as UNICEF),  and  with  adequate financial  allocations.  15  Roma  community  mediators 
have been put in place, being fully funded by the state budget; this number is planned to reach 
the  optimal  level  of  47  community  mediators  by  2015.  In  support  of  a  strategy  of 
empowerment  of  Roma  women,  13  out  these  15  initial  community  mediators  are  of  female 
gender.  As  a  positive  development  to  increase  the  capacity  and  awareness  of  the  Moldovan 
authorities  to  target  the  issue  of  social  inclusion  of  Roma,  a  post  of  special  adviser  to  the 
Prime Minister on Roma issues was created in November 2012.  

As regards the institutions, the importance of ensuring respect for human rights in the justice 
sector  was  re-affirmed  as  one  of  the  pillars  of  the  large-scale,  comprehensive  Strategy  for 
reforming  the  justice  system  2011-2016  and  the  related  Action  Plan.  A  first  wave  of 
legislative  amendments,  adopted  in  July  2012,  strengthened  the  Superior  Council  of 
Magistracy and in particular reinforced its disciplinary powers; they also achieved the goal of 
allocating judges in a more efficient and flexible manner, according to the effective workload 
and  caseload  in  particular  courts  and  districts,  and  of  reducing  work  pressure  on  judges,  by 
creating  the  position  of  judge's  assistant.  The  system  of  legal  aid,  created  in  2008  and 
organised around a National Legal Aid Council, was improved as well. The Guide on State 
Guaranteed Legal Aid published in 2010 with the support of the Council of Europe and the 
European  Commission  continued  to  be  conveyed  to  relevant  institutions  and  specialists 
providing  legal  aid,  while  a  summarised  leaflet  was  made  available  for  the  general  public, 
providing explanations about the types of legal aid and procedures for its request and delivery. 

Furthermore,  the  provision  of  legal  aid  was  diversified  by  instituting  public  defenders 
alongside the private lawyers who are willing to deliver legal aid on contract basis with the 
five  territorial  offices  of  the  National  Legal  Aid  Council.  Accredited  NGOs  will  also  be 
allowed to provide legal aid in civil cases; paralegals and NGOs will  provide primary legal 
aid  (basic  information  about  law  and  assistance  in  drafting  different  acts,  except  procedural 
acts for court proceedings). As from 1 January 2012 it became possible for plaintiffs to apply 
for  legal  aid  also  in  civil  cases;  such  aid  is  available  to  persons  with  no  means  to  retain  a 
lawyer, and whose case is of a certain legal or procedural complexity.  

The  strategy  for  the  reform  of  the  justice  sector  gives  due  importance  to  the  reform  of  the 
Ombudsmen's  institution,  the  Centre  for  Human  Rights  ('the  Centre')  with  a  view  to 
strengthening  its  independence  and  effectiveness  as  well  as  those  of  the  related  National 
Mechanism for the Prevention of Torture (in November 2009, the Centre for Human Rights 
received “B” status by the International Coordinating Committee of National Institutions for 
the  Promotion  and  Protection  of  Human  Rights,  so  indicating  partial  compliance  with  the 
Paris principles). An ad hoc working group conducted a detailed study on the activity of the 

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Centre,  including  the  evaluation  of  the  latter's  performance,  financial  needs  and  possible 
measures for optimising its activities. Based on its conclusions, and with the involvement of 
international  partners  (such  as  the  UN  local  adviser  on  human  rights  and  the  former  UN 
Special Rapporteur on torture) and local NGOs, the MJ prepared draft legislation on the re-
organisation  of  the  Centre,  the  selection  and  nomination  of  the  Ombudsperson(s),  and 
establishing  the  latters'  degree  of  autonomy  in  selecting  and  appointing  the  Centre's  staff, 
shaping the internal organisation of the structure, and dealing with budget issues. At this stage 
the draft law has been submitted for public consultation.  

At  the  same  time,  the  Centre  made  its  own  efforts  to  improve  its  effectiveness  and  the 
credibility  of  its  role.  It  started  to  use  its  prerogative  to  question  the  constitutionality  of 
specific laws before the Constitutional Court and to initiate legal standings before the Court or 
to  intervene  in  judicial  proceedings  in  the  form  of  “amicus  curiae”,  including  in  anti-
discrimination  proceedings.  It  opened  a  regional  centre  in  Varnita,  a  Republic  of  Moldova-
controlled  suburb  of  Bender,  in  the  so-called  Security  Zone,  with  a  view  to  addressing  the 
requests  of  the  local  population  and  improving  cooperation  with  the  correspondent 
ombudsman institution in "Transnistria". 

(b) Assessment of Impact recommendations 

•  Continue  to  implement  its  Human  Rights  Action  Plan  2011-2014  and  continue  to  seek 

involvement of the international community in tackling minorities' issues. 

The  Moldovan  authorities  have  shown  consistent  commitment  and  improving  results  in 
implementing the Human Rights Action Plan 2011-2014. In March 2013, amendments to the 
Government  decree  establishing  the  National  Commission  for  the  Implementation  of  the 
Human Rights Action Plan are being drafted in order to invite international organisations such 
as the Council of Europe, the UN, the EU, the OSCE and international NGOs to partake in the 
commission's  monitoring  and  assessment  work.  The  intention  of  the  Moldovan  authorities 
was to proceed quickly with such an invitation after a new Government would be appointed. 

•  Ensure effective implementation of anti-discrimination legislation, in line with European 
and international standards, notably by issuing comprehensive guidelines and by having 
in place a functioning Equality Council. 

As  extensively  dealt  with  in  the  previous  section,  the  Moldovan  authorities,  judicial 
institutions, civil society and the population at large show a high degree of awareness of anti-
discrimination  issues,  a  subject  that  is  still  controversial  in  the  society.  A  number  of 
implementation  measures  being  taken  shortly  after  the  Law  on  Ensuring  Equality  was 
adopted,  notably  a  robust  education  and  training  programme  to  provide  implementation 
guidelines  to  jurists  and  to  inform  the  general  public;  administrative  decisions  or  regional 
legal acts opposing the Law on Ensuring Equality being repealed through legal means; and to 
the emergence of national case law being set in line with the decisions of the European Court 
of Human Rights. 

•  Sustain its financial efforts to implement the Action Plan on Roma Support 2011-2015 in 

an effective and consistent manner. 

As dealt with in the previous section, the Action Plan on Roma Support 2011-2015 has been 
implemented in a consistent manner. Although with some delay, their previous commitment 
to  institutionalise  the  Roma  community  mediators  was  translated  into  effective  budgetary 
commitments  in  2013.  On  this  issue  as  well  on  human  rights  issues  in  general,  cooperation 
with,  and  support  from  the  international  community  is  an  important  factor  for  ensuring 
success of the planned actions. 

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•  Continue the good cooperation with de facto authorities in Tiraspol, which would allow 
information  exchange  on  the  issuance  of  documents  as  well  as  on  law  enforcement 
aspects; 

As  described  in  the  VLAP  benchmark  point,  the  issuance  of  identity  documents  to 
Transnistrian residents by the constitutional authorities of the Republic of Moldova is made 
on the basis of information provided under Moldovan law and checked against information in 
the possession of the constitutional authorities.  

Cooperation between Chisinau and Tiraspol on law enforcement matters takes place in an ad 
hoc  manner  on  the  basis  of  an  agreement  of  1994.  This  agreement,  however,  cannot  been 
implemented  as  such  in  the  context  of  the  Republic  of  Moldova's  progress  in  human  rights 
issues insofar as it  does  not  provide  sufficient  guarantees on the  protection of  personal  data 
and  respect  for  human  rights  of  suspects  requested  for  investigation  by  the  de  facto 
Transnistrian authorities; this format needs to be revised. Work on this issue was resumed in 
the wake of the Odessa '5+2'meeting, on the basis of a draft proposed by the OSCE Mission to 
the Republic of Moldova. 

• 

Increase efforts to overcome possible security and migration challenges and find possible 
solutions for enhancing the control without prejudice to the "5+2" negotiating process. 

In  March  2013,  the  Moldovan  Deputy  Prime  Minister  for  reintegration  (the  Republic  of 
Moldova's political representative in the '5+2') informed through a letter the Transnistrian de 
facto  administration,  the  other  participants  in  the  '5+2'  process  and  the  Joint  control 
commission established under the Russia-Republic of Moldova ceasefire agreement of 1992 
about  the  Republic  of  Moldova's  intention  to  create  six  registration  points  of  the  Moldovan 
Bureau for Migration and Asylum on the administrative boundary line with 'Transnistria', in 
the  so-called  security  zone  of  the  Transnistrian  conflict  to  monitor  and  control  migration 
flows  through  the  central  (Transnistrian)  segment  of  the  Republic  of  Moldova-Ukraine 
border.  The  information  provided  to  Tiraspol  contained  basic  facts  about  the  location, 
procedures, responsible institutions and other relevant aspects.  

In  April,  following  the  negative  reaction  of  the  Transnistrian  administration,  the  Deputy 
Prime  Minister  for  reintegration  provided  additional  clarifications  to  Tiraspol  in  writing,  as 
well  as  through  public  statements,  including  those  issued  by  the  Bureau  for  Migration  and 
Asylum.  The  issue  was  raised  again  during  the  Odessa  meeting  of  the  '5+2'  (23-24  May 
2013),  where  the  Republic  of  Moldova  dispelled  Transnistria's  accusations  that  its  initiative 
would  hinder  freedom  of  movement  for  Russian  and  Ukrainian  Transnistrian  residents  who 
did  not  hold  a  Moldovan  passport.  Transnistria  seemed  satisfied  with  the  explanations 
received.  The  Republic  of  Moldova  agreed  additionally  to  pursue  with  Russia  and  Ukraine 
tripartite consular consultations on the recognition of the Moldovan residence of Russian and 
Ukrainian Transnistrian residents who refuse to register with the Moldovan authorities. 

According  to  the  National  Bureau  of  Statistics,  in  2012  the  population  of  the  Republic  of 
Moldova  was  3  559  541  persons  (without  the  Transnistrian  region).  Additionally,  the 
population  of  the  Transnistrian  region  was  estimated  about  509  400  persons  (without 
deducting the considerable number of immigrants from the region), out which 280 239 (55%) 
were  Moldovan  citizens  registered  within  the  State  Register  of  the  Population.  In  2012,  the 
Ministry  of  Information,  Technology  and  Communications  issued  15  531  passports  to  the 
citizens of the Republic of Moldova residing in the Transnistrian region. 

The  Republic  of  Moldova  pursues  a  generally  inclusive  policy  with  regard  to  its  citizens 
residing in 'Transnistria', allowing them to get free-of-charge access to Moldovan citizenship 
on a voluntary basis (or free-of-charge issuance of identity documents at first documentation). 

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Given the lack of recognition of the Transnistrian civil status documents by the Republic of 
Moldova,  the  Ministry  of  Information,  Technology  and  Communications  applies  specific 
measures  to  confirm  the  applicants'  citizenship, in  line  with  the  amendments  of  the  Law  on 
citizenship 2004 and Government Decisions n. 959 from 9 September 2005 and n. 337 of 10 
May 2011. Since May 2012, discussions have been underway between Chisinau and Tiraspol 
to  implement  a  mechanism  of  information  exchange,  allow  the  re-registration  of  the 
documents issued by the Transnistrian de facto authorities, and notably introduce elements of 
nation-wide identification (a number generated by the Moldovan Civil Status Registry) in the 
civil status documents issued by the Transnistrian de facto authorities; this would simplify the 
application process for Transnistrian residents applying for Moldovan identity documents. 

For the moment, Government Decision n. 125 of 18 February 2013 approving the 'Regulation 
on the issuance of the identity documents and evidence of the population of the Republic of 
Moldova' (replacing Government decision nr. 376 of 6 June 1995 as subsequently amended) 
stipulates  that  the  "identification  of  the  persons  that  reached  the  majority  age  and  have  not 
been  documented  earlier,  or  whose  identity  cannot  be  established  upon  documents  issued 
earlier,  is  to  be  performed  upon  the  declaration  on  the  responsibility  of  one  of  the  parents, 
legal  representatives  or  other  relatives  of  the  I-III  degree".  In  the  latter  case,  the  applicant 
must provide additional explanatory documents issued by the local public authority or other 
state institutions that possess information on the respective person. Accordingly, descendants 
or relatives of residents of Transnistria who are not able to be identified and recognised under 
the  Soviet-model  passport  system  (which  the  Moldovan  "Register"  has  inherited),  can 
currently rely on the statements of their relatives in order to apply for Moldovan citizenship. 
The  Moldovan  Criminal  Code  foresees  fines  and  up  to  one  year  of  imprisonment  for  false 
statements  in  front  of  a  public  officer  in  order  to  produce  a  legal  consequence  for  a  third 
person.  

General assessment Block 4 

The Republic of Moldova has moved towards effective implementation of the required second 
phase benchmarks. Remaining restrictions on the legal stay of foreigners and stateless persons 
were  removed;  access  of  all  citizens  to  identity  documents  has  continued  to  be  effectively 
improved;  considerable  improvements  were  achieved  in  the  implementation  of  the  anti-
discrimination  legal  framework.  Additionally,  the  situation  of  the  Transnistrian  region  has 
been addressed  diligently,  by  setting-up a migration monitoring system and putting in place 
special  confirmation  procedures  for  Transnistrian  residents  applying  for  Moldovan  identity 
documents. Moreover, the Republic of Moldova shows a track record of consistent follow-up 
on all the recommendations conveyed in the Assessment of Impacts. 

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

Further action is required on: 

•  Confirming the sustainable implementation of the Law on Ensuring Equality, notably by 
setting  up  a  functioning  Equality  Council  and  furthering  progress  towards  the  full 
implementation of the law on the social inclusion of persons with disabilities; 

•  Confirming the financial backing of the National Human Rights Action Plan; 

•  Continuing the implementation of the justice sector reform, including the strengthening of 

the ombudsman institution; 

•  Establishing the announced registration posts along the administrative boundary line with 

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'Transnistria'; 

•  Furthering  progress  with  'Transnistria'  to  facilitate  the  documentation  and  evidence  of 

Transnistrian residents. 

3. 

CONCLUSIONS 

Since  the  launching  of  the  EU-Republic  of  Moldova  Visa  Dialogue  in  June  2010  and  the 
presentation to the Moldovan authorities of the Action Plan on Visa Liberalisation (VLAP) in 
January 2011, the Commission has been regularly reporting to the European Parliament and to 
the  Council  on  the  progress  made  by  the  Republic  of  Moldova  in  taking  the  necessary 
measures to fulfil the benchmarks identified under the four blocks of the first phase and now 
under the second phase of the VLAP through this 4th progress report.  

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

• 
• 
• 
• 
• 

the EU-Republic of Moldova Joint Visa Facilitation Committee; 
the EU-Republic of Moldova Joint Readmission Committee; 
the EU-Republic of Moldova Joint Sub-Committee n°3; 
the Senior Officials Meeting of the EU-Republic of Moldova Mobility Partnership; 
the EU-Republic of Moldova Human Rights Dialogue. 

In  each  of  these  committees  and  frameworks  the  state  of  dialogue and  cooperation between 
the EU and Republic of Moldova is advanced and running smoothly. During the most recent 
Visa  Facilitation  and  Readmission  Joint  Committees  that  took  place  in  on  12  June  2013  in 
Brussels, 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 impacting areas such 
as  rule  of  law  and  constitutional  issues  including  political  parties  financing  and  political 
immunities. 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  three  years, 
showing  the  important  commitment  and  the  efforts  made  by  the  Moldovan  authorities  in 
making the implementation of the VLAP a priority in its legislative, policy and administrative 
agenda.  

It  is  however  important  to  reaffirm  that  reforms  undertaken  in  several  areas  covered  by  the 
VLAP, and in particular those attaining to the good governance of the public administration, 
clearly  need  stable  political  will  to  be  shown  by  the  Moldovan  authorities,  with  a  view  to 
having those reforms fully consolidated in the Moldovan society.  

The  current  assessment  shows  that  the  Republic  of  Moldova  is  broadly  in  line  with  all 
benchmarks  set  in  the  four  blocks  of  the  VLAP.  The  functioning  of  the  legislative  and 
policy  framework  and  the  institutional  and  organizational  principles  and  procedures 
throughout  the  four  Blocks  is  in  compliance  with  the  European  and  international  standards. 
The Commission considers that the Republic of Moldova has made very good progress in the 
effective and sustainable implementation of the second phase benchmarks of the VLAP. The 
fulfilment of the actions required in the present report would bring the Republic of Moldova 
to the finalisation of the implementation of all benchmarks of the second phase of the VLAP.  

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The  Commission  will  continue  paying  particular  attention  that  appropriate  financial  and 
human  resources  are  being  allocated  by  the  Republic  of  Moldova  to  the  sustainable 
implementation  of  the  legislative  and  policy  framework.  In  that  respect,  the  Republic  of 
Moldova  is  requested  to  establish  a  long-term  multi-year  planning  for  ensuring  that  the 
necessary  financial  and  human  resources  are  allocated  for  an  enduring  fulfilment  of  the 
benchmarks through the systematic integration of the necessary expenditure lines in the State 
budget. It is also essential to continue organising targeted information campaigns aiming to 
clarify the rights and obligations of visa-free travel, and on rules regulating access to the EU 
labour market. 

The Commission will continue to actively monitor the fulfilment of the actions required in 
the  present  report  under  the  four  Blocks  of  the  VLAP,  with  a  view  to  reporting  in  the 
autumn  on  the  effective  implementation  of  all  benchmarks  under  the  Action  Plan  on  Visa 
Liberalisation.  

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