COMMISSION STAFF WORKING DOCUMENT Fundamental Rights Assessment of the Republic of Moldova Accompanying the Proposal for a COUNCIL DECISION on the conclusion of an Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova
Date: 2022-03-15
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: European cooperation, Frontex, Moldova, agreement (EU), border control, external border of the EU, migration control, operation of the Institutions, ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 15.3.2022  SWD(2022) 70 final  COMMISSION STAFF WORKING DOCUMENT Fundamental Rights Assessment of the Republic of Moldova Accompanying the Proposal for a COUNCIL DECISION on the conclusion of an Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova {COM(2022) 124 final}  
 
 
Pursuant  to  Recital  (88)  of  the  European  Border  and  Coast  Guard  Regulation1  where  the 
Commission recommends that the Council authorise it to negotiate a status agreement with a 
third country, it should assess the fundamental rights situation “relevant to the areas covered 
by the status agreement in that third country.”2 

On 9 March 2022, the Commission adopted a recommendation3 that the Council authorise it to 
negotiate a status agreement with the Republic of Moldova (hereinafter “Moldova”) in light of 
the extraordinary influx of people seeking refuge in Moldova following Russia’s invasion of 
Ukraine on 24 February 2022. On 14 March, the Council authorised the opening of negotiations 
and adopted the negotiation directives for the Commission. The negotiating directives limit the 
territorial scope of the possible deployment of border management teams from the European 
Border  and  Coast  Guard  standing  corps  to  areas  under  the  control  of  the  constitutional 
authorities  of  the  Republic  of  Moldova.  Consequently,  this  assessment  will  not  address  the 
situation in the Transnistrian region. Furthermore, the Agency support requested by Moldovan 
authorities to be realised under a status agreement is limited to:  

  support carrying out screening and debriefing of those arriving at its borders; 
  support carrying out border checks of people entering Moldova; and  
  support in detecting and combatting migrant smuggling, trafficking in human beings, 

stolen vehicles, smuggling of drugs, weapons, and the like.  

The focus of this assessment will thus be to examine whether Agency operational activities in 
Moldova  to  accomplish  the  aforementioned  goals  are  feasible  without  serious  or  persistent 
violations of fundamental rights or of international protection obligations being committed.4 It 
must be noted that this assessment is based on information, data and reports available to the 
Commission  on  the  protection  of  human  rights  in  Moldova,  in  particular,  as  regards  the 
international legal framework for the protection of such rights applicable in its legal order. This 
assessment  does  not  affect  the  overarching  obligation  of  the  Agency  and,  in  particular,  its 
Executive Director to assess whether such violations are being or are likely to be committed in 
practice and to then respond accordingly, as per the Regulation. 

It is observed, first of all, that Moldova acceded to the 1951 Convention relating to the Status 
of Refugees and its 1967 Protocol (hereinafter jointly referred to as the 1951 Convention) in 
2002. The State acceded to the 1954 Convention relating to the Status of Stateless Persons (the 
1954 Convention) and the 1961 Convention on the Reduction of Statelessness (the 1961 
Convention) in 2012.  

According to the United Nations High Commissioner for Refugees, Moldovan authorities have 
shown  an  unprecedented  mobilisation  to  provide  assistance  to  Ukrainian  refugees.5  The 
Moldovan  government  cooperates  with  UNHCR  and  other  humanitarian  organisations  to 

Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on 

1  
the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU)  2016/1624, OJ 
L 295, 24.11.2019, p. 1 (hereinafter “the Regulation”). 
2  
Recital 88 of Regulation (EU) 2019/1896.   
3  
Recommendation for a Council Decision authorising the opening of negotiations on a status agreement 
between the European Union and the Republic of Moldova on operational activities carried out by the European 
Border and Coast Guard Agency in the Republic of Moldova, COM(2022) 114 final. 
4  
5 https://gov.md/en/content/unhcr-experience-we-have-not-had-much-cooperation-and-openness-moldova-un-
high-commissioner. 

Art. 46 of Regulation (EU) 2019/1896.  

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provide protection and assistance to refugees, returnees, asylum seekers, stateless persons, and 
other vulnerable persons. Moldova has shown willingness to investigate and prosecute even 
senior officials for violating the principle of non-refoulement.6 Moldova has laws in place to 
grant  asylum,  protection  and  refugee  status  in  line  with  European  and  international 
standards.  Refugees  receive  identification  documents  and  financial  support  provided  by 
UNHCR.7 Asylum seekers have access to health care and are accommodated by Moldova’s 
Bureau of Migration and Asylum.  

In a statement issued on 9 March 2022, following a recent mission to Moldova, the Council of 
Europe Commissioner for Human Rights acknowledged Moldova’s humanitarian response to 
the  situation  in  Ukraine.  The  Commissioner  noted  that    “Moldovan  authorities,  NGOs  and 
many ordinary citizens have stood up to the daunting challenge by mustering a humanitarian 
response,  coordinating  the  provision  of  assistance  to  meet  the  basic  needs  of  the  arriving 
people,  making  reception  centres  available,  and  ensuring  medical,  psychosocial  and 
administrative support.”8 

In the framework of the EU-Moldova Mobility Partnership, Moldova made good progress on 
adopting  and  implementing  migration-  and  asylum-related  legislation  and  on  making  its 
migration  management  system  more  efficient.9  The  country  is  currently  rolling  out  a  new 
National Strategy on Migration and Asylum.10 The government is progressively surmounting 
the  challenges  it  faces  –  for  instance,  creating  a  proper  governmental  mechanism  for  the 
rehabilitation of victims of trafficking in human beings including children.11   

Moldova  has  ratified  the  European  Convention  on  Human  Rights  and  is  subject  to  the 
jurisdiction  of  the  European  Court  of  Human  Rights.  Moldova  is  a  party  to  the  Revised 
European Social Charter, the Council of Europe Convention on Action against Trafficking in 
Human  Beings,  the  European  Convention  for  the  Prevention  of  Torture  and  Inhuman  or 
Degrading Treatment or Punishment, the Framework Convention for the Protection of National 
Minorities, the International Covenant on Civil and Political Rights, the International Covenant 
on  Economic,  Social  and  Cultural  Rights,  the  Convention  against  Torture  and  Other  Cruel, 
Inhuman or Degrading Treatment  or Punishment, the Convention on the Elimination of All 
Forms  of  Discrimination  Against  Women,  the  Convention  on  the  Rights  of  Persons  with 
Disabilities, the Convention on the Rights of the Child, and the International Convention on 
the Elimination of All Forms of Racial Discrimination.12 

https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/moldova/ . 

Balkan Insight, Moldovan Ex-Secret Services Director Sentenced for Turkey Renditions, September 9, 

6  
2020, at https://balkaninsight.com/2020/09/09/moldovan-ex-secret-services-director-sentenced-for-turkey-
renditions/ . 
7  
8    https://www.coe.int/en/web/commissioner/-/more-support-urgently-needed-to-assist-people-fleeing-the-war-
in-ukraine-and-countries-of-arrival-in-particular-the-republic-of-moldova 
9  
10  
https://www.icmpd.org/file/download/56850/file/CareFor%2520project%2520description%2520%2528EN%25
29.pdf  
11  
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/436/71/PDF/G1643671.pdf . 
12 https://ijrcenter.org/country-factsheets/country-factsheets-europe/moldova-
factsheet/#:~:text=Moldova%20is%20a%20party%20to,against%20Trafficking%20in%20Human%20Beings  

https://eeas.europa.eu/archives/docs/enp/pdf/2015/repulic-of-moldova-enp-report-2015_en.pdf. 

Report of the Working Group on the Universal Periodic Review* Republic of Moldova , 

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Given  the  above,  with  the  relevant  safeguards  in  place  (as  required  by  the  Regulation),  the 
fundamental rights situation in Moldova at the time of the conclusion of the status agreement 
with  that  country  does  not  preclude  the  launch  of  operational  activities  on  account  of  the 
stipulation of Article 46(4) of Regulation (EU) 2019/1896. It must be underlined, however, that 
this assessment cannot be considered as a substitute for the obligations placed on the Executive 
Director and the Frontex Fundamental Rights Officer by the Regulation. In particular, if the 
Executive  Director  considers  that  serious  or  persistent  violations  of  fundamental  rights  or 
international protection obligations are occurring, it is his sole responsibility to withdraw the 
financing for that activity, or suspend or terminate it, in whole or in part.13 

13  

Art. 46(4) of Regulation (EU) 2019/1896.  

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