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# 52013DC0807

**REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fifth Report on the implementation by the Republic of Moldova of the Action Plan on Visa Liberalisation /\* COM/2013/0807 final \*/**

  

REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL

Fifth 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, with the first Senior Officials Meeting. The Action Plan on
Visa Liberalisation (VLAP)[1]
was presented to the authorities of the Republic of Moldova (hereinafter 'Moldovan
authorities') by the Commission on 24 January 2011, and was followed in
February by the second Senior Officials Meeting. The VLAP sets a series
of precise benchmarks for the Republic of Moldova on four so-called ‘blocks’[2] of technically relevant issues,
with a view to both the adoption of a legislative, policy and institutional
framework (phase 1) and its effective and sustainable implementation (phase 2).

The Commission has regularly reported to
the European Parliament and to the Council on implementation of the VLAP. The First
Progress Report was presented on 16 September 2011[3]. A third Senior Officials
Meeting took place on 7 October 2011.

Evaluation missions on Blocks 2, 3 and 4 of the VLAP took place in October/November
2011, involving experts from EU Member States, Commission officials and officials
of the European External Action Service (hereinafter 'EEAS'). The purpose of
these 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 Second Progress Report was issued on 9
February 2012[4]
and the fourth Senior Officials Meeting took place on 27 February 2012.

The Third Progress Report was issued
on 22 June 2012[5].
It was the final progress report on first phase of the VLAP and it presented a
consolidated assessment by the Commission of the Republic of Moldova’s progress
in meeting the first phase benchmarks of the VLAP. The Commission issued an assessment
of possible migratory and security impacts of future visa liberalisation for
Moldovan citizens travelling to the EU on 3 August 2012[6], involving relevant EU agencies
and stakeholders.

Following these reports, the Council adopted
Conclusions on 19 November 2012 in which it concurred with the Commission’s assessment
that the Republic of Moldova has fulfilled all the benchmarks under the
first phase of the VLAP. The required legislative, policy and institutional
framework had been put in place. The assessment of the benchmarks set out under
the second phase was then launched.

The fifth Senior Officials Meeting
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 missions were unmatched in terms of the depth of the assessment — four
weeks involving 12 EU Member States’ experts accompanied by officials of the
Commission and of the EEAS. The purpose of the missions was 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 referred to in the Council
Conclusions of 19 November 2012. The Republic of Moldova committed to address
the recommendations contained in the expert reports through the updated
National Action Plan drafted at the end of May 2013. The Fourth Progress
Report was issued on 21 June 2013[7]
and it presented the state of the implementation of the legislative and
institutional framework, the functioning of the institutions and the level of
inter-agency coordination.

The current Fifth Report presents
the level of implementation of the recommendations issued in the Fourth Report
and of the overall fulfilment of the second phase VLAP benchmarks. Special
attention was paid to the sustainability of the reforms and the results
achieved, including through meaningful staffing, capacity and funding. This
report also builds upon the findings made on 15 October 2013 during the sixth Senior
Officials Meeting held in Chisinau, and on the visit by the Director-General
of Directorate-General Home Affairs of the European Commission to the administrative
line at the Nistru River and to the Transnistria region. It includes
an assessment of the state of the fulfilment of the recommendations
addressed to the Republic of Moldova contained in the Assessment of Impacts
report of August 2012.

2.           Assessment of
implementation of the four blocks of the second phase of the Visa
Liberalisation Action Plan

2.1.        Block 1: Document
security, including biometrics

2.1.1.     VLAP benchmarks

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

The Republic of Moldova
has been issuing exclusively biometric passports in full compliance with the
ICAO standards[8]
since 1 January 2011 and the entire legislative framework required is in place
and is being implemented. A consolidated framework for secure identity
management is ensured. The current sticker passport booklets were tested by the
French company Ingelis Expertise and were found in September 2010 fully compliant[9] with ICAO
standards. Additionally, on 11 June 2013 the Republic of Moldova became the 38th
member of the ICAO Public Key Directory, with the Centre for State Information
Resources (CSIR) Registry (‘Registru’), receiving six certificates in September
2013. The collection and management of biometric data is done in full
compliance with the law on protection of personal data[10].

In order to start
issuing biometric passports with integrated chips, Registru and the joint-stock
company Gemalto signed on a contract 27 September 2013 for the production and
delivery of passport booklets with a contactless integrated circuit. The contract
was submitted on 30 September 2013 to the Public Procurement Agency of the
Ministry of Finance for registration, and will enter into force after
registration. The issuing of the new booklets is planned for the first quarter of
2015.

Passports that do not
contain biometric data issued until 1 January 2011 within the Republic of
Moldova and the ones issued until 31 December 2011 abroad will be valid until
the expiration date. On 1 September 2013, 2 623 225 passports of the
citizens of the Republic of Moldova were in circulation, including 680 836
(or 25.19 %) biometric passports. The complete phasing out of
non-biometric passports is scheduled for 2020.

·
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 Civil Status
Service provides a centralised system for all forms of civil status breeder
documents with a high degree of protection (civil status certificates and
extracts from civil status certificates). All forms of civil status breeder
documents of strict accounting are provided with five signs of protection. As
of 7 March 2013, the new identity cards are issued in the new ID-1 format.

In order to make the
production process automated, the remaining manual procedures have been removed
in the following areas: on designing the extrusion machine for the cards of
ID-1 format; on ensuring the production of the specialised equipment at one of
the specialised factories; on designing and ensuring the production of cutters
of the format of ID-1 card for the existing extrusion machine (of ID-2 format);
on designing the lathe with programme control (numerical control software) to
provide automation of technological process of laser engraving, cutting etc.

Regarding
anti-corruption measures, planned and unexpected inspections are being carried
out continuously. New rules on organising unexpected inspections were approved
by Order No 51 of 18 June 2013. A strategy for preventing and fighting
corruption at staff level was developed by the Civil Status Service and
approved by Order No 58 on 16 July 2013. All staff, including the management of
the central and territorial offices of evidence and documentation of population
signed to confirm that they were aware of the Order ‘On some prevention
measures against corruption and protectionism’. The Ethical Code for staff
working in civil registration and document issuance has been in force since 1
April 2011. In 2012, there was one violation of the Ethical Code and the staff
member was disciplined under an Internal Order of the Registru. In 2013 there
were no cases.

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

In 2012, 33349 Moldovan
passports were reported stolen or lost in Interpol’s Stolen and Lost Travel
Document database and 1676 passports were withdrawn from the database. In the
first seven months of 2013, 2000 fewer passports were reported stolen or lost
than in the same period of 2012. In 2012, nine criminal investigations into stolen
travel documents were opened and a further six were opened in the first eight
months of 2013.

Measures were taken to
reduce the number of cases in which citizens of the Republic of Moldova declare
passports lost. Government Decision No 125 of 18 February 2013 allowed citizens
to apply to the issuing authority giving reasons to keep a passport for use for
a limited period provided it was perforated, if the passport contained a visa
or residence permit issued by a foreign authority, or they had obtained a legal
act based on the document. The Ministry of Information
Technologies and Communication and the Ministry of Interior began a joint
assessment of the causes of passport losses and thefts and will submit general
recommendations by the end of the year.

·
Regular exchange of passport specimens and
cooperation on document security with the EU

The EU Member States’ diplomatic missions are kept up to date
with new passport specimens on a yearly basis through an established channel of
communication. The latest update was submitted on 8 August 2013. The last
update in the PRADO[11]
system was in March 2013, introducing new specimens for the security features
of Moldovan biometric passports.

2.1.2.     Assessment of Impact
recommendations

·
Establish and apply proportionate, effective
and dissuasive sanctions against persons convicted of selling or lending their
passports

Article 361(1) of the
Criminal Code of the Republic of Moldova lays down sanctions for the
production, possession or use of forged official documents: a fine up to 300 conventional
units (1 conventional unit is MDL 20[12])
or 150 to 200 hours of unpaid community work or up to two years’ imprisonment. To
reduce passport loss declarations, Government Decision No 125 of 18 February
2013 allows a passport that contains a visa or residence permit to be returned
to the holder by the issuing authority for use for a limited period, provided it
is perforated. To increase the responsibility of passport
holders, fees for issuing these documents will be higher if they are lost.

·
Regularly share data on lost and stolen
biometric passports with the EU authorities, in particular using Interpol’s
Lost and Stolen Travel Document database

See VLAP benchmarks above..

·
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.

According to Government Decision No 333 of 18
March 2002 on approval of the concept of the automated informational system ‘State
Register of Population’ and the Regulation on the State Register of Population,
every person to be identified in the territory of the Republic of Moldova is
assigned an Identification Number of Person (IDNP). In order to increase the
security of the identification process, additional personal data are added. The
content and structure of personal data can be amended, but the IDNP remains
unchanged. This prevents changes of name or identity being abused to obtain a
new passport.

General assessment Block 1 The Republic of Moldova is taking sufficient measures regarding lost passports and related sanctions. The distribution of a booklet with integrated chip will start as of 2015, and the current sticker passports give the necessary security guarantees. The Republic of Moldova has implemented in a satisfactory manner the actions demanded by the recommendations of the 4th VLAP report, while continuing to effectively implement the relevant legislation. The Commission considers that the Republic of Moldova has met the second phase benchmarks set under Block 1.

2.2.        Block 2: Irregular
immigration, including readmission

2.2.1.     Block 2 / topic 1 — Border
management

2.2.1.1.  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

The Border Police
Department (BPD) works to strengthen the state border surveillance system using
modern special equipment including fixed border surveillance systems. Thus, as
part of the EU-funded project on „Fixed and Mobile Communication Network for
Moldovan Border Guards Service (Border Police after the reform)”, 125 fixed and
53 dome video surveillance cameras were installed across 575 km of the state
border in order to ensure its surveillance in and immediately around tower
sites installed in public surroundings, picket compounds and buildings of
subdivisions of the BPD and border crossing point perimeters. The National
Coordination Centre is responsible for implementing the Regulation establishing
the State Border National Control System and has been running since 12 October
2012. Five Regional Coordination Centres and 41 Local Coordination Points/Dispatchers
have been set up to operate 24/7. As a result, 16 posts have been created at
central level, 66 at regional level, and 205 at local level. To model these activities on EU best practice, several study visits
to EU Member States were made in 2013[13].

The EU Border Assistance Mission (EUBAM)
assisted the BPD in the elaboration of several risk profiles and in the
implementation of an on-line system reporting concerning the daily border
situational, which contains relevant data on the border crime situation in all
of the country. These analytical products are used by regional and local
managers to optimize the allocation of resources along the border, and to
target passenger and vehicles for second line checks. As an integrated part of
the automated registration system for cross-borders, the BPD developed the risk
criteria module “PASENGER” including risk indicators, which is providing alerts
automatically to the BPD officers for the purpose of selectivity. This module
is also available for the newly created BPD Mobile Units (see below).

During the first six
months of 2013, permission to cross the Republic of Moldova’s state border was
refused to 2786 persons, of whom 2212 were leaving the country. The main
reasons for refusal include: invalid documents, expired travel documents, no
visa for the destination country, and non-conformity with the status of the
border crossing point. The BPD of the Ministry of Interior investigated 173
criminal cases. Of these, 45 were submitted for trial and 33 are before the
prosecutor. The breakdown is as follows: 8 cases of smuggling; 8 cases of
irregular migration; 73 cases of illegal crossing of the state border; 2 cases
of trafficking in human beings; 3 cases of illegal possession of ammunitions
and 79 cases of document counterfeiting.

When performing checks,
border police use risk profiles databases to help identify risks of hidden
persons trying to evade border control. The BPD’s Risk Analysis System (RAS) uses
risk profiles on trafficking in human beings (THB) included in the Border
Police Integrated Information System. All border control subdivisions can
access these profiles online, and they are constantly updated. In accordance
with risk indicators, in 2013 border police tackled 11 cases (involving 24 people)
of trafficking in human beings; one case was an attempt to take children out of
the country. The border police investigated two cases; others were submitted to
the relevant law enforcement agencies.

·
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

In 2013, out of 91 measures in the Action
Plan for the IBM strategy, 80 % were implemented and the other 20 % were
ongoing. The reorganisation of the border police was completed. The total
number of subdivisions of the BPD was reduced by 50 % at regional level and
42 % at local level. The maximum number of staff of the BPD was set at
3500. Currently, the institution’s employment rate stands at 86 % of the
maximum. During 2013, the BPD finalised the structural reform of the local
level units, thus implementing the relevant EUBAM recommendations. In 2013, the
BPD performed several capacity-building activities. A substantial amount of modern
equipment[14]
was acquired.

A series of activities and training courses
were held to prevent and fight corruption. In the first six months of 2013,
staff of the BPD specialised subdivision conducted 25 unannounced inspections
of BP subdivisions and 196 service investigations resulting in 227 sanctions,
15 of which resulted in dismissal. Video surveillance was installed at Chisinau
Airport, allowing online monitoring not only of the registration, verification
and checks on passengers, but also of the behaviour of inspectors at the border
crossing point, in order to prevent active corruption. In addition, 220
employees of the BPD and Customs Service were trained with the assistance of
the National Anticorruption Centre. In October 2013, 31 officers of the
Moldovan Customs Service and the Border Police were detained for
passive-corruption charges.

·
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.

Cooperation with FRONTEX continued at a
fast pace, with BPD officers taking part in the joint operation ‘Focal Points
Land and Air 2013’, alongside the border services of Poland, Romania and Spain.
The Republic of Moldova hosted FRONTEX Coordination Points 2013 at two border
crossing points: Criva and Tudora. From March to May 2013, a regional
operation, ROMOLUK, was run by the National Customs Authority jointly with the
European Commission’s European Anti-Fraud Office (OLAF) to combat illicit
tobacco products and alcohol smuggling. There was intense cooperation with the EUBAM
in 2013 in line with the Ninth Phase Action Plan. In the framework of FRONTEX
joint operations with the participation of the Republic of Moldova, information
exchange has been facilitated through the access of Moldovan officials to the
Frontex One-Stop-Shop (FOSS), the Agency’s web platform for information
exchange with Member States and third parties, as well as to the Joint
Operations Reporting Application (JORA), the Agency’s tool for reporting,
managing and analysing data related to incidents detected during joint
operations.

The information exchange between the BPD
and the Bureau for Migration and Asylum (BMA) has improved, but needs further
investments. An electronic information exchange module to link the BPD and the
BMA databases needs to be installed.

Improvement of the monitoring system for migration
flows over the Moldovan-Ukrainian border on the Transnistrian segment is a
longstanding objective of the Moldovan authorities. The Moldovan authorities
have developed a special mechanism[15]
for monitoring migration flows. It is based on the legal obligation of foreign
visitors arriving through the Transnistrian segment to register their stay in the
Republic of Moldova within 72 hours of crossing the border, and it provides for the necessary administrative capacity and procedures
to facilitate the registration process. Registration is free of charge. Six
Territorial Offices of the BMA set up beside the administrative line started work
at the end of October 2013. The territorial offices use the existing
infrastructure of the Internal Customs Control Posts set up in 2004.
Consideration should be given as to developing a regulation that includes
unambiguous provisions for registration of the foreign travellers. A
communication strategy explaining these new rules needs to be launched as soon
as possible. In particular, any provisions should not cause burdens to the
traveller flow, nor provide administrative sanctions for circumstances
non-attributable to them. This is referred to the lack of border control by Moldovan
authorities along the central segment of the Ukraine-Republic of Moldova state
border.

2.2.1.2.  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 Block 2 / topic 1 VLAP
benchmarks. Throughout 2013, over 20 Joint Assistance Exercises (JAEs) were
organised by EUBAM and conducted with the participation of the Republic of
Moldova and Ukraine border agencies. The joint measures were based on
identified risks such as smuggling of tobacco and other excise goods (ethanol,
etc), vehicles crime, irregular migration/smuggling of people and THB,
smuggling of consumer goods and meat. In accordance with the identified
targets, the JAEs covered the entire common border including BCPs and
green/blue borders, as well as inland locations. The final assessment of these
exercises indicated needs for further on-the-job-training and improvement in
the areas such as: interagency cooperation, risk analysis skills, and use and
equipment of mobile units.

·
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

In 2013, BPD activities
mainly focused on implementing cooperation agreements signed between the BPD
and the border agencies of Poland, Latvia, Lithuania, Estonia, Georgia. In this
context, 96 BPD officers were trained in Poland in the framework of the project
in the field of risk management and crime analysis ‘Information management in
the system of combating cross-border crime’. BPD representatives carried out a
study visit in Estonia, on the security and verification system for documents
in accordance with European standards. Two joint operations “OVIDIUS” and
“PONTUS EUXINUS” were conducted under the umbrella of EUBAM, with the aim of strengthening
the capacity of Ministry of Interior subdivisions as well as Customs and
Security Services by jointly conducting measures with Ukraine, EU, Member
States and international experts to prevent and combat cross-border crime.

The BPD and the BMA
actively participate in the regular and ad-hoc meetings of the EUBAM-led
Working Group I on irregular migration and trafficking in human beings. This
framework brings together investigators from all Moldovan and Ukrainian law
enforcement agencies as well as from EU Member States, Europol, FRONTEX and
SELEC, in a joint effort to exchange information and build capacity in support
of joint investigations on irregular migration and trafficking in human beings.
Representatives of Moldovan law enforcement agencies (Customs Service, Ministry
of Interior, BPD) are also active participants in several other EUBAM projects
such as the Working Group II on Smuggling of Goods and Cigarettes, Working
Group on Intellectual Property Rights, Task Force Arms, Task Force Drugs and
Task Force Vehicle Crime. All these forums contribute to updating the overview
on the current situation, pooling the resources and organizing a joint response
to the threats posed by illicit trans-border activities in respective areas.

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

See Block 2 / topic 1
VLAP benchmarks.

·
Coordinate the control activities at the
common border. Share intelligence and enhance common situation assessment at
the operational level.

On 4 July 2013, negotiations began on an agreement
between the Government of the Republic of Moldova and the Cabinet of Ministers
of Ukraine on contact points at the Moldovan-Ukrainian border. It will serve as
the basis for a new concept of information exchange, for establishing new forms
of interaction by setting up and running contact points at the
Moldovan-Ukrainian border in accordance with EU best practice.

A Protocol between the Border Police
Department of the Ministry of Interior of the Republic of Moldova and the
Administration of the State Border Guard Service of Ukraine on the exchange of
analytical and statistical information is being updated. In 2013 the Protocol
was subjected to improvement by including the implementation of the daily
exchange of information about the situation on a joint segment of the border.
Furthermore, on a monthly basis, the border agencies of the Republic of Moldova
and Ukraine are performing joint risk assessment reports. Additionally, EUBAM
supported the border agencies from both countries in enhancing the operational
information exchange and the implementation of the daily monitoring system on
the migration flow across the Transnistrian central segment of the
Moldovan-Ukrainian state border. The information exchange of non-nominal data
on third country nationals who crossed the common state border through the
central segment has been set up.

·
Enhance cooperation with neighbouring
countries, in particular Ukraine

In May-June 2013, several meetings of joint
working groups of experts from the BPD, the Centre for Combating Trafficking in
Human Beings, the BMA, the State Border Guard Service of Ukraine, the International
Migration Organisation and EUBAM were held. They produced a special report on
migration and human trafficking on the Moldovan-Ukrainian state border.

The border demarcation process of the
Republic of Moldova-Ukraine state border is expected to be finalised by the end
of 2014. Currently, 1,202.5 out of 1,222.0 kilometres have been demarcated.
19.2 kilometres on the central segment and 0.3 kilometres on the southern
sectors of the common border still stand for demarcation. The elaboration of
the final border demarcation documentation regarding all the sectors is
on-going. Considered the achieved progress, the development of the Treaty
between the Republic of Moldova and Ukraine on the state border regime has
already started. Four rounds of negotiations on the
Draft Treaty between the Republic of Moldova and Ukraine on the state border
regime were held in 2013. On 21 May 2013, negotiations on drafting a
trilateral document at government level establishing and marking the meeting
points (triplex confinium) of the Moldovan, Romanian and Ukrainian state
borders took place.

·
Continue to sustain cooperation with EUBAM
and implement EUBAM recommendations on improving and intensifying the use of
mobile units

EUBAM notes[16] that the number of Moldovan
citizens (83) who were detected on exit from the Republic of Moldova with the intention
of fraudulently travelling further to EU countries fell by 29 % in 2012
compared to 2011 (117). The report also highlights continuing improvements in border
and migration management systems in the framework of visa liberalisation
efforts, a generally decreasing trend in irregular migration in the Republic of
Moldova and enhanced control of irregular migration at the Moldovan border.

Controls on international traffic routes
throughout the country’s territory by mobile units are an important factor in
preventing irregular migration and cross-border criminality. The BPD has set up
a Mobile Units Directorate, which is well equipped at central and regional
levels. A regulation on BPD mobile units was approved by the Government Decree
# 752 dated 20 September 2013, establishing the role, tasks and rights of
mobile units within tactical and operative actions of the BPD, public order and
security missions of the
Ministry of Interior. The regulation provides for the possibility of
establishing joint mobile units based on cooperation agreements. The Traffic
Regulation of the Republic of Moldova was modified to include provisions that
allow BPD mobile units implementing their activities on the public roads.

From February to March 2013, the joint
mobile units of the BPD and the Customs Service conducted joint operations: 477
means of transport were checked, of which 396 were registered with national
numbers and 81 with foreign numbers. During these operations, the following
cases were detected and documented: 1 case of illegal transportation of
products subject to excise (ethyl alcohol); 3 cases of transportation of
consumer goods without certificates of origin; 2 cases of counterfeit powers of
attorney on the means of transport and 2 cases of changing the vehicle numbers.

2.2.2.     Block 2 / topic 2 —
Migration management

2.2.2.1.  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)

Under the Readmission
Agreement with European Union and with non-EU countries, for the period 1
January to 31 July 2013, the Ministry of Interior examined 83 readmission
applications from the following countries: France 35, Austria 8, Germany 7,
Spain 10, Switzerland 6, Romania 7, Belgium 9, Sweden 1. During the same
period, 42 Moldovan citizens were successfully readmitted into the Republic of Moldova
and 2 EU citizens were readmitted from the territory of the Republic of Moldova
to EU Member States (Romania 1, Hungary 1). From the total number of
readmission applications received from EU countries, 8 persons were found not
to be citizens of the Republic of Moldova or not to have any association with
the Republic of Moldova.

In the area of return
and readmission, two EU-funded projects were started successfully. The ‘Strengthening
Migration Management and Cooperation on Readmission in Eastern Europe[17] (MIGRECO)’ project
was launched on 21 March 2013 and will last two years. It is being implemented
by the International Organisation for Migration (IOM). The ‘Supporting the
Republic of Moldova to implement the EU-the Republic of
Moldova Action Plan on Visa Liberalisation — Fighting
Illegal Migration in the Republic of Moldova[18] (FIRMM)’ project was
launched on 20 March 2013. It is being implemented by the International Centre
for Migration Policy Development (ICMPD) over the next two years. Both projects
contribute to strengthening the capacity of the BMA by developing the necessary
skills for negotiation and implementation of readmission agreements with other third
countries as well as of Implementing Protocols with EU Member States[19].

·
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

Within the framework of
the reform process of the Ministry of Interior and in order to strengthen
overall migration management in the Republic of Moldova, the institutional
framework of the BMA was thoroughly reviewed (under Ministry of Interior Order
No 70 of 28 February 2013). The BMA was upgraded to a Department and the number
of staff was almost doubled from 104 to 198.

The Agreement between
the Republic of Moldova and the European Union amending the Agreement between
the Republic of Moldova and the European Community on the facilitation of issuance
of visas, signed in June 2012, entered into force on 1 July 2013. Progress on
the implementation of the agreement was assessed as positive at the last
meeting of the the Republic of Moldova–EU
Joint Committee on implementation held on 12 June 2013 in Brussels. For 2012, the
number of EU visas issued to Moldovan citizens increased to 157 974. The average
refusal rate for 2012 fell to 3.05 % from 7.02 % for 2010. In 2012,
the EU Member States issued 101 135 visas to Moldovan citizens, of which 45.01 %
were multiple-entry visas, including 26.71 % Schengen visas. In 2008, only
11.6 % of the total numbers of visas issued were multiple-type visas.

In 2012, the most
multiple-entry visas were issued by Romania (61.94 % or 32 533
multiple-entry visas out of a total of 52 520); Lithuania (45.15 % or
647 multiple-entry visas out of a total of 1 433); and Italy (36.07 %
or 3 795 out of a total of 10 521). The highest refusal rate in 2012
was recorded for France (9.8 % or 434 visa requests refused out of 4 391);
the Czech Republic (9.52 % or 439 requests refused out of 4610); and Italy
(8.03 %[20]
or 918 requests refused out of 11439). The lowest refusal rates were for
Bulgaria (0.04 % or 25 requests refused out of 56 864); Romania (2.78 %
or 1502 requests refused out of 54022); and Germany (2.43 %[21] or 162 requests refused
out of 6679).

·
Migration profile established and regularly
updated and effective analysis of data on migration stocks and flows

The Extended Migration Profile (EMP) Report
of the Republic of Moldova was officially published in April 2013. The periodic
independent production of the Report will be continued by the Government of the
Republic of Moldova, specifically under the coordination of the Bureau for
Migration and Asylum of the Ministry of Interior. In this respect, an updated
set of statistics in line with the list of indicators shall be published by the
end of 2013.

An independent large scale migrant and
household survey[22]
was conducted[23]
by the Centre for Sociological, Political and Psychological Analysis and
Investigations ‘CIVIS’ and the International Agency for Source Country
Information as part of the EU-funded project on Strengthening the link between
migration and development (NEXUS Moldova). The research found that there are
370 000 Moldovans abroad as long-term labour migrants, making up 11 %
of the total population, and an additional 109 000 Moldovans engaged in
seasonal migration in other countries, accounting for 6.6 % of the total
population. Of the seasonal migrants, 81 % migrate to the Russian
Federation and 7 % to Italy. The study found that 91.2 % of the total
population that has not already migrated has no intention to migrate (including
labour migration, study, seasonal and internal migration). Some 56 000 people,
or 3.4 % of the total population, have plans for long-term international
labour migration and 51 000, or 3.3 % of the total population, intend
to seek seasonal work abroad.

·
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

In the first six months of 2013, 312 cases
of violations of the rules of stay were recorded (as a result of the Ministry
of Interior’s applying inland detection methods): 270 cases of violations of
the rules of stay by foreigners and stateless persons and 42 cases of
employment of foreigners without authorisation. The BMA issued 73 decisions to
return foreigners and courts issued 26 decisions expelling foreign citizens.

In order to enhance migration management in
all areas and to strengthen capacity to prevent and tackle illegal stays by foreigners
in the Republic of Moldova, the structure of the BMA’s Directorate for
Combating of Illegal Stay of Foreigners was reviewed and the number of staff
increased from 11 to 47. Three regional units for combating illegal stay by foreigners
were set up in the Directorate for combating illegal stay of foreigners (in the
north, Balti; in the centre, Chişinau; and in the south, Comrat) with a
total number of 34 staff. By September 2013, staff had been selected for 85 %
of the newly created posts.

The EU-funded project ‘Supporting the
Republic of Moldova to implement the EU-the Republic of Moldova Action Plan on
Visa Liberalisation — Fighting Illegal Migration in Moldova (FIRMM)’ develops the
capacity of the central and local authorities to detect inland irregular migrants
and will help to purchase the necessary equipment. As part of the same FIRMM
project, the BMA has created a new section for information development, data
management and risk analysis that will be supported in consolidating its
operation and analytical capacities. In the same context, an internal working group was set up to draft a methodology for analysis and
risk assessment for immigration and asylum, and it will receive support from EU
member states experts.

During the first seven
months of 2013, 34 criminal cases of irregular migration were recorded, compared
with 82 in the same period of 2012 (a fall of 58.5 %). In 2013, three cases were referred by the BMA to the prosecutor’s
office, and criminal investigations begun.

·
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

To strengthen capacity and improve both the
efficiency of return procedures and the delivery of services to foreigners, the
structure of the Centre for Temporary Detention of Foreigners in the Ministry
of Interior was reviewed (Ministerial Order No 70 of 28 February 2013). Under the
new structure, staffing increased from 29 to 40. The number of staff of the Security
and Access Service rose from 17 to 25 and that of Identification and Escort
Service from 5 to 6. The logistics service was given two more posts.

In order to ensure that migrants in
detention receive legal assistance, a memorandum of understanding between the
BMA, the National Council of State Legal Aid and the Law Centre of Advocates (a
non-governmental organisation) was signed on 6 August 2013. Under the memorandum
of understanding, the National Council of State Legal Aid and the Law Centre of
Advocates will provide initial counselling and necessary legal assistance to
all persons placed in the Centre for Temporary Detention of Foreigners. In the
first six months of 2013, 34 foreigners were held in the Centre. The average
duration of detention is above two months. The relatively long average time taken
for removal is due to the low level of replies from some third countries.

2.2.2.2.  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

A steering committee group on information
and communication on European integration was created in July 2013. It is
chaired by the Deputy Minister of Foreign Affairs, with the participation of
the EU High Level Adviser of the Prime Minister on Communication, spokesperson
of the Prime Minister, advisers of the Prime Minister, representatives of the
General Directorate for European Integration and Media Unit of the Ministry of
Foreign Affairs. The steering committee meets every week or one in 2 weeks. A
practical plan of action on short-, medium- and long-term priorities was
drafted and started to be implemented in July 2013. Visa liberalisation is one
of the key subjects addressed in discussions with the public. Between August
and October 2013 alone, more than 20 public activities on visa-free travel were
organised. In September, the Republic of Moldova’s Ministry of Foreign Affairs
and European Integration had separate and joint informal meetings with
representatives of the media (editors from all the TV channels, majority radio,
online and written press) to explain the priorities of the EU-MD dialogue up to
the Vilnius Summit, and the Post-Vilnius Agenda, plus the latest developments
in VLAP implementation.

2.2.3.     Block 2 / topic 3 — Asylum
policy

·
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

In 2012, 162 people applied
for asylum, 19 were recognised as refugees, 45 were granted humanitarian
protection and 55 were refused any form of protection. In the period from 1
January to 30 June 2013, 54 people applied for asylum, 9 were recognised as
refugees, 43 were granted humanitarian protection and 22 were rejected any form
of protection. In 2012, the average processing time between submission of an application
and a first-instance decision was 107 days, while the time taken between
submission of an application and a final decision was 401 days. In the first
half of 2013, the average length of the administrative procedure was 129 days
and 289 days if the case went to appeal. The time taken to examine asylum applications
in administrative procedure is between one and six months. As of 1 July 2013,
272 persons with protection status, of whom 79 were refugees, and 135 persons
who had been granted humanitarian protection were staying in the territory of
the Republic of Moldova. Currently, decisions on 58 persons are pending, awaiting
a decision in first instance or on appeal. Most of the applicants originate
from Syria, Armenia, Afghanistan, the Russian Federation, Azerbaijan,
Kirghizstan or Sudan.

Government Decision No
362 on financial aid granted to refugees and beneficiaries of humanitarian
protection for the year 2013 was adopted on 12 June 2013. The aid was set at MDL
577.50, which represents 15 % of the average wage estimated for 2013. In
2013 aid requests were received from 25 people and granted in 22 cases (21 from
Syria, and 1 from Sudan) and rejected in 3 cases (from Armenia). In the first
half of 2013, 59 foreigners registered with employment agencies and 15 found
employment.

In April 2013, an agreement
on the implementation of the EU-funded Asylum Systems Quality Initiative in
Eastern Europe and Southern Caucasus project was signed and Refugee Status Determination
(RSD) staff participated in continuous training. The project also foresees to
launch the Russian version of the UNHCR Refworld platform. RSD staff are also
involved in the implementation of Pilot Project 4 under the Prague Process, ’Training
on quality on asylum’, with the support of the German Federal Bureau for Migration
and the Swedish Migration Board. All eligibility counsellors in the BMA’s Asylum
and Integration Directorate (AID) attended the European Asylum Curriculum — the
courses in online e-learning format for the following modules: Country of
Origin Information (COI), Inclusion Clauses, and Drafting and Decision Making.
The COI researcher and BMA decision makers studied the COI Module on the European
Asylum Curriculum, and have access to all public official databases on COI.

As part of the
EU-funded and UNHCR implemented Local Integration Project and Regional
Protection Programme, trainings for AID staff, for border police and judges on
the right to seek asylum and subsequent procedures in place, as well as on the
rights of asylum seekers and refugees[24]
continued to be carried in 2013. The Instruction regarding evidence,
maintenance and preservation of files of persons accommodated in the
Accommodation Centre was approved on 5 June 2013 according to the Regulation of
the accommodation Centre, approved by the Government Decision no. 1023 from 28
December 2012. Its ethical code is in interservice consultation.

General assessment Block 2 The Republic of Moldova has started installing technical surveillance systems along the land border. Additional equipment and vehicle purchases have been made. The mobile units have been set-up and are operational. The BMA's capacity and coverage have been reinforced, while the six territorial offices along the Transnistria region have been opened. All asylum actions have been realised, and training for law-enforcement personnel and magistrates is picking-up. The Republic of Moldova has implemented in a satisfactory manner the actions demanded by the recommendations of the 4th VLAP report, while continuing to effectively implement the relevant legislation. The Commission considers that the Republic of Moldova has met the second phase benchmarks set under Block 2.

2.3.        Block 3: Public order and
security

2.3.1.     Block 3 / topic 1 —
Preventing and fighting organised crime, terrorism and corruption

2.3.1.1.  VLAP benchmark - Preventing
and fighting organised crime and terrorism

·
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;

The Regulation on
organisation and functions of the Ministry of Interior's General Police
Inspectorate (GPI) was approved on 24 April 2013. Following the police reform
of March 2013, the number of management functions was reduced by 20 % and
the number of police working in the territory increased by 19 %. The
reaction and intervention time after a call from a member of the public fell in
2013 from 45 minutes to about 30 minutes. In 2013, the number of deaths and
serious injuries due to accidents was reduced by 20 %. An order establishing
a 30 % pay rise specifically for police officers, on top of other salary
increases for officials, should be submitted to the Government by the end of
the year. During the first seven months of 2013, 40 criminal groups were
dismantled, with 175 active members[25].

On 24 December 2012,
the Centre of Information Analysis (CIA) was created in the National
Inspectorate of Investigation. It is divided into two units at central level (the
Analytic Investigation Unit and the Information Analysis Units), and the local Crime
Investigation Sections, which exist in each Police Inspectorate of the Republic
of Moldova. The CIA is fully operational and functional, with 12 investigating
officers. A project[26]
on ‘Consolidation of Ministry of Interior capacity in the field of
counteracting crime and gun control’ is being implemented with the support of
Romania’s Official Development Assistance (ODA) programme (the Romanian
Ministry of Foreign Affairs) and the United Nations Development Programme
(UNDP) Republic of Moldova.

In 2013, the Ministry
of Interior purchased the following equipment with a view to preventing and
fighting organised crime: 90 cars for the National Patrolling Inspectorate
(from the state budget); 10 specialised forensic kits for on-site research, 5
special digital camera sets, 13 ethylo tests and 30 computers for the GPI; a
new building for the GPI’s centre for technical-forensics and judicial
expertise (CTFJE) (to be finished by the end of 2013). A project on procurement
of special equipment for enhancement of the capacities of forensic laboratories
is in progress and the delivery and installation of supplies is expected in
2014 (up to EUR 2.4 million from the European Neighbourhood Partnership
Instrument’s Comprehensive Institution Building 2011 programme). The Ministry
of Interior’s 2014 budget plan also covers further purchases of vehicles for
police inspectorates, procurement of special investigative equipment and upgrading
of existing operative databases.

The Ministry of
Interior, the General Prosecutor’s Office and the National Anti-corruption
Centre are examining the practical aspects for the creation of the asset
recovery office.

Currently, in the
Republic of Moldova it is still not possible the interception of communications
as for criminal investigation purposes exclusively by the law enforcement
authorities. This is due to technical, legal and financial considerations. The
approximate costs to equip all law enforcement bodies with the necessary
equipment will be around MDL 220-250 millions. The Republic of Moldova would
need external financial assistance to shoulder such a modernisation.

2.3.1.2.  Assessment of Impact
recommendations

·
Enhance the data collection on criminals and
organised crime groups (OCGs) at national level inter alia by setting up and/or
improving the national databases.

In order to ensure
effective institutional communication and data collection, it was decided on 1
August 2013 to create a common database on activity by criminal groups and
organisations by the end of 2013 accessible by the Ministry of Interior, the
General Prosecutor’s Office, the Security and Information Service, the National
Anti-Corruption Centre, the Customs Service, the Ministry of Education, the
Ministry of Youth and Sports, the State Chancellery and the Academy of
Sciences.

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

Crime data are
collected by recording all complaints and reports of crimes committed into a
central database administered and controlled by the Ministry of Interior's IT
service. In order to improve and facilitate data collection on organised crime,
an online complaints portal on fighting organised crime was set up on the
Ministry's official web site[27].
Since the beginning of 2013, it has received 29 complaints. The official web
site of the GPI was launched on 15 May 2013, where citizens can report a crime
or submit photos, video or information on crimes they have witnessed. The total
number of 1 767 notifications (to 15 August 2013) shows people’s increased
confidence in the police, especially their capacity to act on various types of
offences.

With the implementation
of the new register on crime and criminological information since 1 January
2013, crime data collection in the Republic of Moldova has become streamlined.
Every Ministry of Interior subdivision connected to the databases can obtain any
type of statistics at any time depending on the type of crime or region. Paper
work was removed from the process of crime data collection. Finally, an
interinstitutional working group for developing a regulation on uniform
processing and analysis of statistical data related to criminal justice started
its activity at the beginning of 2013.

2.3.1.3.  VLAP benchmark - Preventing
trafficking in human beings

·
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;

In the first half of 2013, 71 criminal
cases on trafficking in human beings (THB) were detected, a decrease of 6.5 %
compared to the 76 identified in the same period of last year. About 80 %
of these arose from proactive police investigation measures and 20 %
represent complaints and denunciations. 61 persons were subject to sexual
exploitation and 90 to labour exploitation. For the first time, the data
collected show a predominance of trafficking for labour exploitation over
trafficking for sexual exploitation. This mainly results from police training
efforts conducted in 2011-2012 on effective identification and documentation of
cases of trafficking for labour exploitation. The main destination countries
continue to be the Russian Federation (about 60 % of all victims), Turkey
and the United Arab Emirates (UAE). This clearly shows that the efforts of the
Moldovan law enforcement effort are sustainable with regard to detection and
efficient investigation of trafficking cases and identification and protection
of victims.

According to a Decision of the THB National
Committee, from 15 July 2013 the state authorities will begin to work on the
National Plan for Preventing and Combating THB for the next three years in
September 2013. The THB database managed by Permanent Secretariat is a
functional one and gathers data from law enforcement authorities and
institutions which assist the victims.

In the first six months of 2013, 280
awareness raising campaigns and other activities[28] related to prevention of THB
were carried out. The law on special protection of children at risk and
children separated from their parents was approved by Parliament on 14 June 2013.
The law sets up sectoral cooperation mechanisms for assessment and support of
children at risk.

A national mechanism to assess, accredit
and monitor social service providers has been promoted by the Ministry of
Labour, Social Protection and Family under Law No 129 of 8 June 2012 on
accreditation of social service providers and the Regulation on the activity of
the National Council for accreditation of social service providers (Government
Decision No 998 of 28 December 2012). The National Council for Accreditation of
Social Services Providers was established in April 2013. The mechanism was
launched in a pilot phase and is consulted with the civil society
representatives and cooperation development partners and is scheduled to be
launched in a fully-fledged manner in 2014. The creation of a national fund for
the assistance, protection and compensation of victims[29] was identified as a key
priority for future cooperation with the Council of Europe.

2.3.1.4.  Assessment of Impact
recommendations

·
Ensure effective protection of witness of
THB, and further improve the protection, assistance and support to THB victims.

The centre for
assistance to and protection of victims and potential victims of human
trafficking, fully operational since 2008, has continued its activity. In 2013,
four victims of THB received special protection measures offered by the
Division for Witness Protection within the GPI. All the victims were also
referred to the social protection services. Due to the effective measures
undertaken, there have been no incidents involving victims.

Minimum quality standards for assistance to
and protection of victims and potential victims of human trafficking are
discussed and could be approved by the Government in the beginning of 2014. In the first six months of 2013, 31 mother-child couples
were assisted in the two maternity wards of the Placement Centres from Chisinau
and Balti. The centres are accountable to the Ministry of Health of the
Republic of Moldova. The maternity wards offer hosting services, health,
education, healthcare, legal, social, psychological and (re)-integration to mother-child
couples in difficulty, depending on their needs.

2.3.1.5.  VLAP benchmark - Preventing
and fighting corruption

·
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;

Following the adoption of Law No 106 of 3
May 2013, the National Anti-Corruption Centre (NAC) became accountable to the Government
rather than Parliament. The NAC director is appointed for a mandate of 4 years
and dismissed by the President of the Republic of Moldova at the proposal of
the Prime-minister. The Republic of Moldova is encouraged to follow open
competitions with objective merit-based criteria clearly provided by the law.
The transferring of the competences of economic crimes investigations to the
Ministry of Interior and Customs Service, led to the consolidation of the NAC’s
mandate[30]
in fighting corruption and corruption related offences. NAC or certain sections
of NAC should become specialised only in investigations of cases involving
certain level of officials or certain level of damage, in order to better
tackle high-level corruption cases.

The new Code of Conduct for the National
Anti-Corruption Centre’s employees entered into force on 30 August 2013. The
adoption of the Code of Conduct is expected to contribute to more efficient and
accountable conduct of NAC activity, increase public trust in the institution. Following
an amendment of 7 March 2013 to the law on public-sector salaries, public
officials and the cabinet staff of public officials were given a wage increase
of 35 % as of 1 January 2013. In order to ensure the same treatment, over
1566 public officials received a salary increase, including 101 deputies, 773
prosecutors, 516 judges, and 227 cabinet staff of public officials.

Currently the NAC assures analysis of the
Integrity Plans of the central public authorities. NAC continues to provide anticorruption
expertise when normative acts are being drafted. From January to July 2013, the
NAC examined and provided anticorruption expertise for 498 drafts of normative
acts. In order to ensure in-depth specialisation of investigators in financial
investigations, six specialised training courses have been held so far in 2013
for representatives of the law enforcement authorities: the National
Anticorruption Centre, the Ministry of Interior, the Security and Intelligence
Service, the General Prosecutor’s Office and other relevant authorities were
organised.

During January - September 2013, 400
criminal cases were initiated by the Criminal Prosecution Department of the
NAC, out of which 126 criminal cases against 163 defendants were sent to court.
The courts pronounced 118 sentences. In 2013, 9 criminal cases were brought to
court for corruption offences against persons holding, or who held the status
of high-ranking public official: 1 Deputy General Secretary of the Government; 1
Deputy Head of District; 5 Mayors; 1 Ex-Head of the Audio-visual Coordinating
Council and 1 Head of the State Fiscal Inspectorate. The Republic of Moldova is
expected to report in the future on its track-record of convictions and rate of
success.

The other major anti-corruption authority,
the National Integrity Commission, has its staff hired following public competition
and selection procedures. Out of 21 positions at the National Commission for
Integrity, 8 remain vacant. All the necessary conditions for work have been
provided — the necessary equipment was purchased and the databases of records
of declarations created. In the first half of 2013, the Commission examined 38
complaints. In five cases, the Commission’s findings were proved in court. During
2013, the courts were notified with 328 misdemeanour cases for non-submission
of declarations of assets or interests within the deadline established by the
law. On 6 February 2013, the Commission’s website was launched, providing a
platform for communication and direct access to the statements.

Cooperation between the National Integrity Commission
and NAC has been ensured. In the first half of 2013, the National
Anticorruption Centre sent 12 reports of possible violations of legal provisions
falling within the Commission’s areas of competence for examination. The NAC
collaborates with the Commission in the process of applying administrative
sanctions when a failure to declare a conflict of interests is found, and in the
examination of materials sent by the Commission to initiate investigation
measures on disparities between income and properties owned. The Republic of
Moldova is expected to establish a track-record on verification of conflicts of
interests and on asset disclosure, and on the sanctions applied.

A review of the categories of persons who
enjoy criminal procedure immunity was launched on 14 March 2003 to amend the
Code of Criminal Procedure. A draft law on reviewing immunities within the
criminal prosecution procedures was drafted by the General Prosecutor’s Office
and submitted for inter- and intra-agency coordination. A study on liability
rules for prosecutors, including disciplinary liability and elimination of
their general immunity, is being made by the General Prosecutor’s Office
jointly with the Institute for Criminal Reform. On 16 October 2013 two new
anti-corruption laws were approved by the Government — the first extending the prescription
period for the prosecution of judges who commit felonies, banning communication
between judges and parties involved in the trial in order to ensure impartiality.
The draft law also provides for tougher accountability for illicit enrichment, a
ban on holding public positions for a longer period, provisions on the
confiscation of assets, fines and imprisonment. The second draft law, on the
remuneration of judges, provides for an increase in judges’ salaries bringing
them up to 3-5 times the average salary.

2.3.1.6.  Assessment of Impact
recommendations

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

See VLAP benchmark
above.

·
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.

The Internal Security and Combating
Corruption Service was set up in the Ministry of Interior in March 2013. The service
is an autonomous authority in the Ministry of Interior. It conducts special
investigation measures and has sufficient capacity for combating and monitoring
corruption phenomena both at central and at local level. The Service’s staffing
was increased from 18 to 111 posts in 2013. Additionally, the draft Law on
Police Professional Integrity Testing was adopted by the Government and now is before
Parliament. The law lays down the procedure, methodology, means and techniques
for testing the professional integrity of police, including ways of
identifying, assessing and eliminating vulnerabilities and risks of corruption
or other illegal acts. A cooperation agreement between the Ministry of Interior
and the National Anti-Corruption Centre is being currently drafted.

Complaints about corruption cases are
examined by the Internal Security and Combating Corruption Service around the
clock, which allows them to intervene immediately on-site, including at weekends,
increasing the effectiveness of prevention, and monitoring the implementation
of risk. As an indication of the effectiveness of this policy, in the first six
months of 2013, for various violations, disciplinary measures were taken
against 233 Ministry of Interior employees compared with 424 in the first six
months of 2012.

2.3.1.7.  VLAP benchmark - Prevention
of money-laundering and financing of terrorism

·
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);

On
6 June 2013, Parliament approved the National Strategy for the Prevention of
and Fight against money laundering and the financing of terrorism for 2013-2017
and the Action Plan designed to implement this five year strategy, in order to
develop an effective national anti-money laundering / countering the financing
of terrorism (AML/CFT) regime. The Action Plan states the measures to be taken,
the deadline, the responsible authorities and the monitoring indicators.
Thereby, the Republic of Moldova also aims at
complying with the AML/CFT standards of the Financial Action Task Force (FATF)
and the recommendations set out in the 4th evaluation report of
December 2012 by Moneyval, the Council of Europe's Committee of Experts on the
Evaluation of Anti-Money Laundering Measures.

The Republic of Moldova reported that in
2013 seven measures of the Action Plan had already been fully implemented and
four measures were under implementation. The
Republic of Moldova
is encouraged to continue the process of implementing its Action Plan and,
given that the Strategy and the Action Plan still refer to the FATF 40+9
Recommendations of 2003, to update its AML/CFT laws and regulations also in
light of the revised Recommendations adopted by the FATF in February 2012.
Further, when the Republic of Moldova monitors its
progress it should take into account qualitative aspects alongside quantitative
ones.

As
regards legislative measures, the Republic of Moldova prepared inter
alia a draft law dealing with sanctions for violations by reporting entities
and sanctioning powers in order to comply with FATF Recommendation 17.
These draft amendments to Art. 291 of the Contravention Code seem to cover all
the possible infringements of obligations provided by the AML/CFT Law. At
present, some of the shortcomings in the AML/CFT sanctioning regime remain, due
to the limited list of breaches that can constitute a base for penalties and
due to the lack of clarity as to which supervisory authority can exercise the
sanctioning powers. Thus, the Republic of Moldova is encouraged to
enact the proposed amendments as soon as possible.

In the context of
commitments under the future Association Agreement, the Republic of Moldova must
ensure gradual application of EU rules on the free movement of capital[31], which also entails the liberalisation of
import and export operations for foreign exchange. This will mean abolishing
the existing limits on the import and export of foreign exchange.

According to the Republic of Moldova,
implementation measures taken to ensure effective application of AML/CFT laws
and regulations included the following: from January to August 2013, ex officio
and on-site checks of 235 currency exchange offices, 48 professional
participants in the non-banking financial market, and 7 banking institutions
were carried out. The main violations found were: partial or non-implementation
of the institutional programmes for the prevention of and fight against money-laundering,
and failure to report suspect transactions in cash. In 2013, the Office for
Prevention and Fighting against Money-Laundering presented 37 items of information
to criminal prosecution authorities in the anti-corruption prosecutor’s office
and the NAC. As a result, 20 criminal cases were opened, of which 15 related to
money-laundering crimes.

2.3.1.8.  Assessment of Impact
recommendations

·
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.

The Republic of Moldova informed that the
Law on the amendment and completion of art. 243 and art. 106 of the Criminal
Code and art. 206 of the Criminal Procedure Code in order to enhance fighting
actions and optimize confiscation rules was currently being drafted and would
be submitted to Parliament for approval by the end of the year.

According to the Republic of Moldova, in terms of
confiscation, from January to July 2013, first-instance courts handed down nine
sentences confiscating goods/revenues used in crime or that resulted from
crimes and transferring them to the state. The total amount of goods
confiscated is MDL 1 984 047 in seven cases of smuggling on an especially
large scale and two cases of theft with aggravating circumstances. In the same
period, Courts of Appeal issued nine decisions with a final value of the goods
seized of MDL 688 309.

2.3.1.9.  VLAP benchmark -
Implementation of the Anti-drug policy

·
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;

Following the reform of
the Ministry of Interior (see above under Block 3 / topic 1 VLAP benchmark), the
GPI’s Anti-drug Department was reorganised in March 2013. Regional anti-drug
offices in the North and South regions of the country were created at the same
time, and two additional units in the Anti-drug Department: the section for
combating the illicit circuit of psychotropic substances and precursors, and
the analysis and planning unit. The staff of the Anti-drug Department was
increased to 27. Training activities for the personnel involved in anti-drug
activities continued to be carried out in 2013 as well as awareness raising
activities. The ministry’s budget for 2014 includes a MDL 30 million provision
for procurement of special means of combating drugs.

In 2013, 609 drug-related
criminal cases (compared with 865 in the same period of 2012) were brought to
court. As a result of offences detected in that period, 85 kg of drugs (in 2012:
171 kg) were seized, of which 62 kg was marijuana (in 2012: 78 kg), 116 795
cannabis plants (in 2012: 136491) and 17 971 poppy plants (in 2012:
10598). The decrease in the number of drug-related criminal cases brought is
due to the decriminalisation of certain drug-related offences and concentration
of police focusing on the high level cases in terms of seizure. During 2013,
several specific operations were organized: “Opium-Poppy” (MAC) – for combating
domestic cultivation of marijuana, and “OVIDIU” – for countering smuggling of
drugs, narcotic and precursor at the border between the Republic of Moldova and
Ukraine, organised by EUBAM.

Cooperation and
information exchange continued with relevant international bodies, including
EMCDDA and Council of Europe Pompidou Group.

Partnerships with civil
society continued to be developed, including together with international
organisations, NGOs being further involved in anti-drug activities and
treatments. A memorandum of Cooperation between the GPI, the Ministry of
Interior and the NGO Union HIV Prevention and Harm Reduction (UOHR) was signed
on 2 July 2013. The Soros Foundation in the Republic of Moldova continued to
finance harm reduction activities. A training course for employees of the Anti-drug
Department on treatment and harm reduction for drug users in police custody was
organised by the Pompidou Group and the NGO ‘Innovative Projects in Prisons’.

·
Implementation of relevant UN and Council of
Europe Conventions, as well as GRECO recommendations in the above mentioned
areas.

The Republic of Moldova launched the national
process of filling in the General and Thematic Questionnaire on the
implementation of the Lanzarote Convention. This should be presented to the
Lanzarote Committee in January 2014.

In 2013, the Republic of Moldova
periodically informed the GRECO of the latest developments in prevention of and
the fight against corruption, and the main results of the reform of the NAC. In
the meantime, the Republic of Moldova has fully implemented the GRECO recommendations
addressed to the second evaluation cycle. At the 59th Plenary Meeting of GRECO
from 18 to 22 March 2013, the report on the Republic of Moldova under GRECO's
third round of evaluations was discussed and adopted. The report was published
on 4 April 2013. The next GRECO report on the Republic of Moldova will be published
by September 2014.

A working group to review and amend the
legislation on funding of political parties and election campaigns was set up
by the Central Electoral Commission in order to ensure the implementation of
GRECO’s recommendations. The draft law was approved by the Government on 19
June 2013 and Parliament approved the law in October 2013. The new procedure of
financing the political parties will be applied for the year 2017.

2.3.2.     Block 3 / topic 2 —
Judicial cooperation in criminal matters

2.3.2.1.  VLAP benchmarks

·
Implementation of international conventions
concerning judicial cooperation in criminal matters (in particular Council of
Europe Conventions);

The Moldovan authorities continued to deal
with several forms of international cooperation in criminal matters. The Second
Additional Protocol to the European Convention on Mutual Legal Assistance in
Criminal Matters, signed on 8 November 2001, was ratified by the Republic of
Moldova on 8 August 2013. Regarding the implementation of the legislative
framework, including Council of Europe conventions in criminal matters, both
central authorities, the General Prosecutor's Office (hereinafter GPO) and the Ministry
of Justice continued to process an important number of cases with third
countries, with EU Member States but mainly with other third countries.

During the first three quarters of 2013 the
following cases (global figures) were dealt by the GPO:

–
extradition: 180
outgoing requests and 14 incoming requests. There was only one refusal
of an incoming request, as the person had a Moldovan citizenship.

–
rogatory letters:
250 outgoing requests and 420 incoming requests. There were 32 refusals of incoming
requests mainly on procedural grounds (the transmission was not done via
central authorities).

–
criminal proceedings: 17 outgoing transfers of cases and 19 incoming taking over
cases requests.

During the first three quarters of 2013 the
following cases (global figures) were dealt by the Ministry of Justice:

–
extradition: 73
outgoing requests and 2 incoming requests

–
rogatory letters:
8 outgoing requests and 238 incoming requests.

–
criminal proceedings: 0 outgoing transfers of cases and 3 incoming taking over case
requests.

–
in addition, according to its specific
competence, Ministry of Justice dealt with 17 requests for enforcement of
criminal judgements, 9 outgoing, 8 incoming and 73 requests of transfer
of condemned persons.

–
There were no refusals of requests for any of
the types of cases under the Ministry of Justice responsibility.

Starting with July 2013
for the GPO and April 2013 for the Ministry of Justice, the statistics
regarding judicial cooperation in criminal matters have improved – both institutions
are reporting on a monthly basis and are using a common list of parameters
including criteria such as the requesting and requested state, category of
offense, and time of execution.

Regarding training, in order to harmonise
the methodology for dealing with requests of judicial cooperation in criminal
matters/mutual legal assistance the International Legal Assistance manual for
judges and prosecutors was distributed in December 2012 to the territorial and
specialized prosecutors, judges and other law enforcement authorities. Both
prosecutors and judges attended trainings and seminars, at international and
national level, including several organised by the National Institute of
Justice.

·
High level of effectiveness of judicial
cooperation in criminal matters of judges and prosecutors with the EU Member
States.

The authorities of Republic of Moldova
continued to ensure an effective cooperation with the relevant authorities of
the EU Member States. Regarding cooperation with Member States, both the GPO and the Ministry of Justice continued to
process a significant number of cases, especially the GPO.

During 2009-2013, from
all cases dealt with by the GPO, the vast majority were with Romania, Italy, Bulgaria, Hungary, the Czech Republic, Germany,
Austria, Belgium, Poland, Slovenia and to a lesser extent with the Netherlands,
France, Greece, Spain, Latvia, Lithuania, Estonia and Ireland.

During the first three quarters of 2013 the
following cases (with EU Member States) were dealt with by the GPO:

–
extradition: 6
outgoing requests and 1 incoming requests. There was no refusal of an
extradition case. The EU Member States with whom most cases were handled were
Austria, Bulgaria, France, Germany, Italy and Romania.

–
rogatory letters:
124 outgoing requests and 147 incoming requests. There were 3 refusals of
incoming requests mainly on procedural grounds (the transmission was not done
via the central authorities). The Member States with whom most cases were
handled were Romania, Germany, Italy, Hungary, Austria and Bulgaria.

–
criminal proceedings: 2 outgoing transfers of cases and 10 incoming taking over
cases requests. The Member States with whom most cases were handled were Italy,
Slovenia, Bulgaria and the Czech Republic.

During 2012-2013, from
all cases dealt with by the Ministry of Justice, the vast majority were with Romania, Portugal, Hungary, Bulgaria, the Czech Republic and to a
lesser extent with Italy, Germany, Poland and
Greece.

During the first three quarters of 2013,
the following cases (with EU Member States) were dealt by the Ministry of
Justice:

–
extradition: 6
outgoing requests and 1 incoming request. The EU Member States with whom
most cases were handled were Italy, Poland and Ireland.

–
rogatory letters:
1 outgoing requests and 140 incoming requests. The EU Member States with whom
most cases were handled were Romania, Portugal and Hungary.

–
criminal proceedings: none outgoing transfers of cases and none incoming taking
over cases requests.

–
in addition, according to its specific
competence, the Ministry of Justice dealt with 9
requests for enforcement of criminal judgements. The EU Member
States with whom most cases were handled were Romania and Portugal. The Ministry
of Justice also dealt with 8 requests of transfer
of condemned persons, with the EU Member States being concerned
being Germany, Czech Republic, Spain Romania, Austria, Belgium, Italy.

·
Conclusion of an operational cooperation
agreement with Eurojust

Following successful
negotiations Eurojust submitted in October 2013 to the Republic of Moldova the
text of the draft cooperation agreement, which was subsequently agreed by the
Moldovan authorities. The next steps in the procedure towards the signature of
the agreement are to be taken by Eurojust and by the Council in accordance with
the Eurojust Decision. The agreement will be put by Eurojust on the agenda of
the Joint Supervisory Body (JSB) in November 2013 and as soon as a positive
opinion of the JSB has been received, the agreement will be put on the agenda
of the Eurojust College. Afterwards it will be submitted to the Council for
approval in accordance with Article 26a(2) of the Eurojust Decision.

In this context, it is
important to mention that the Moldovan Government approved in September the
draft Law on the statements to the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data. The law was transmitted
to the Parliament with a view to its adoption in November 2013 (see below Block
3 / topic 4 VLAP benchmark).

2.3.2.2.  Assessment of Impact recommendations

·
Strengthen the judiciary system, including
judicial cooperation in criminal matters, in particular mutual legal
assistance.

The Justice Sector
Reform Strategy for 2011-2016 and its Action Plan adopted in February 2012 are
being implemented. Substantial legislative packages were adopted in 2012 and
2013 regarding Judiciary reform. In February 2013, the first annual Report on
the implementation of the Strategy[32]
was issued by the Ministry of Justice: 87 actions out of 157 to be implemented
by the end of 2012 had been completed (56 %), 49 had been partially
completed (31 %) and 21 had not been completed (13 %). A draft law
introducing substantial amendments to the 2008 Prosecutor Office Law is
currently being drafted by a working group, with a view to public debates in
November 2013.

As of 2013, the cost of
implementing the Action Plan is included in the Medium-Term Budgetary
Frameworks for 2013-2015 and for 2014-2016. The 2014 annual budget for the justice
sector, which covers all the individual budgets of stakeholders involved in the
process, increased by 59.6 % compared to 2013. The EU-Republic of Moldova
Financial Agreement signed on 14 June 2013 provides for a financial
contribution of EUR 60 000 000 to Support for Justice Sector
Reform as follows: EUR 58 200 000 in budget support and EUR 1 800 000
in complementary support.

2.3.3.     Block 3 / topic 3 — Law
enforcement cooperation

2.3.3.1.  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;

Ministry of Interior officials conducting special
investigation activities cooperate fully with the General Prosecutor’s Office
at departmental and procedural levels. A working meeting between the GPI and the
General Prosecutor’s Office was held on 7 August 2013 on the challenges and
shortcomings of conducting special investigative activities and recommendations
were issued. Two seminars on ‘Special investigative activity’ and on ‘Grounds
and procedure for authorising special investigative measures’ were held by the
National Institute of Justice in cooperation with the General Prosecutor’s
Office in May 2013.

In 2013, new equipment — digital photo
cameras and a special crime investigation scene kit — was donated by the German
Government. Future needs will be covered by the State Budget and from the European
Neighbourhood Partnership Instrument’s Comprehensive Institution Building programme
for 2011 (see VLAP benchmark point page 14 of this report). In June 2013, via Technical
Assistance and Information Exchange (TAIEX), an expert mission on the law on
use of DNA in investigations and court proceedings was organised with the
participation of Austrian experts in judiciary genetics. As a follow-up to the
expert mission, in September and October 2013 a study visit to Austria for three
members of the working group was organised to learn from European best practice
in using DNA in investigations and court proceedings.

During 2013, the specialized subdivision of
the Ministry of Interior, using special investigative capacity have been
performed several high level operation in order to tackle cross-border crime. The
criminal activities of two “thiefs in law” alias “Chinese” and “Patron”, were documented
and they were arrested in August 2013 and September 2013 respectively as a
result of cooperation and joint operations with Italian and Romanian law
enforcement authorities. The Moldovan extradition requests are under
examination in Italy and Romania.

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

A bilateral cooperation agreement between
the Border Police Department and the General Police Inspectorate was signed on
3 July 2013 in order to enhance cooperation on providing, maintaining and
restoring public order and security. The agreement strengthens mutual
assistance in the detection and investigation of crimes and contraventions
within the institutions’ competence, and the organisation of joint controls and
operations, such as controlled deliveries. Additionally, joint working groups
and joint mobile teams will be set up to organise and conduct specific risk
analysis in public order and security at national and regional levels.

The National Council for coordinating
activities to prevent and combat organised crime decided at its first meeting
on 4 March 2013, in the medium term: to set up a common database on the activity
of groups and criminal organisations; to set up a specialised national entity
to permanently monitor the implementation of the relevant legislation; and to
conduct research into forms of and trends in organised crime and suggest
solutions. It also decided to have the Ministry of Interior and the Ministry of
Education jointly launch a project to devise educational materials on the
danger, risks and threat of organised crime and its adverse consequences.

·
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.

The newly established
International Police Cooperation Centre (IPCC) develops Moldovan law-enforcement
agencies’ cooperation with similar agencies in EU Member States, member states
of SELEC, PCCSEE, GUAM and participants in International
Law Enforcement Cooperation Units (ILECUs) projects in
the Western Balkans, as well as ICPO-Interpol and Europol. It adopts the ‘one
way in / one way out’ principle, avoiding duplication of receipt, examination
and remittance information to the applicant. In 2013, through SELEC and GUAM
channels 2826 materials were examined (1795 with law enforcement agencies of
the Republic of Moldova, 693 with the Joint Contact Centre Galati, 259 with
other member states and observers of SELEC and 79 with GUAM states). 1428
requests were examined and 1398 answers on the different cases of cross-border
crimes were exchanged[33].

The Republic of Moldova
supported the enlargement of the ILECUs Network to combat transnational organised
crime at the second meeting of ILECUs leaders from 9 to 12 July 2013. The
Republic of Moldova participates in the regional project ‘Strengthening Legal
Principles in South-East Europe and Good Governance’ launched by the Austrian
Criminal Police Office. It also took part in the operation ‘Black Poseidon’[34] operation organised
by the General Secretariat of Interpol in the period 15 May to 15 June 2013. This
was a lengthy operation in Eastern Europe, targeted against transnational
organised crime groups involved in intellectual property crimes.

·
Conclusion of an operational cooperation
agreement with Europol

A liaison officer of the Republic of
Moldova, coordinating all criminal cases and investigations of mutual interest,
was detached to Europol and started work on 23 July 2013. This is a notable
achievement, and an exception made for the Republic of Moldova ahead of
concluding an operational cooperation agreement. The draft Memorandum of
Understanding between the Republic of Moldova and Europol on the creation of a
secure communications line is currently being negotiated and a study visit by Republic
of Moldova experts to Europol, including EC3 is planned.

In July 2013, the Republic of Moldova sent
its answers to the additional Europol questionnaires regarding the legislative
framework on data protection in the Republic of Moldova. On 28-31 October,
representatives from Europol’s Legal Affairs and Data Protection Office visited
the National competent authorities and the Data Protection Supervisory Body of
the Republic of Moldova. The data protection report, that completes all
necessary technical steps, should be submitted to the Management Board of
Europol, which will hold its next meeting on 3-4 December. Afterwards, the
report will be transmitted to the Joint Supervisory Body for approval. Final
steps on formalising the operational cooperation agreement will follow in the
coming weeks.

2.3.3.2.  Assessment of Impact recommendations

·
Cooperation between the Moldovan and Member
States’ authorities should be enhanced, including information sharing with
Europol.

See Block 3 / topic 3 VLAP
benchmarks. The Republic of Moldova participated in the following activities
under SELEC: 10th Meeting of the working group on transport-related offences
(10 April 2013), Bucharest, Romania; 3rd Meeting of the working group on
environmental crimes and containers security (24 to 25 April 2013), Bucharest,
Romania; the working group on combating drug trafficking (21 to 22 May 2013),
Bucharest, Romania; the 6th SELEC Council Meeting (28 May 2013), Bucharest,
Romania; the 13th meeting of the working group on combating crime in fraud and
smuggling (6 June 2013), Bucharest, Romania; the Meeting of the Experts Group
on the development of the Analytic Report on the threat of organised crime in south-eastern
Europe for 2013 (26 June 2013), Bucharest, Romania, and Operation ‘TROJAN HORSE
III’ on combating counterfeit goods and intellectual property rights protection
(11 to22 March 2013).

·
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.

In April 2013, it was agreed to connect the
Centre for Combating Trafficking in Human Beings to the Interpol database on
combating trafficking in human beings. Additionally, with the assistance of
Interpol, collaboration was established with the United Arab Emirates in
combating traffic in human beings with the appointment of contact points and
liaison officers.

In the first seven months of 2013, 31
police officers from the Centre for Combating Trafficking in Human Beings and from
regional anti-trafficking bureaux attended 10 training seminars lasting a total
of 384 hours. Staff benefited from information on good practice shared by Romania,
Austria, Belgium, and Lithuania related to organising and running information
systems to support proactive criminal investigations.

Implementation of the
National Reference System (NRS) strategy of 5 December 2012 continued. The
multidisciplinary teams set up to coordinate NRS operations in local public
administration are fully operational.

·
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 Block 3 / topic 3 VLAP
benchmarks.

The Centre for
International Police Cooperation has access to the Interpol databases used by
the law enforcement agencies of the Republic of Moldova: Stolen/Lost Travel
Documents (SLTD); Stolen Motor Vehicles (SMV); the database on persons being
sought internationally; Stolen Administrative Documents (SAD); and the Images
of Child Sexual Exploitation Database (ICSEDB). Access is restricted, granted
only by the General Secretariat;

In the first half of 2013,
NCB Interpol processed 14 350 documents: 6 733 incoming and 7 617
outgoing. At the request of the territorial subdivisions, 189 persons were reported
for international search (125 for arrest and extradition, 49 persons to be
located, 4 wanted foreigners and 11 missing persons). Following international
search requests received from the competent authorities, 40 persons were
arrested and 16 persons were extradited from Interpol member states (8 from
Italy, 1 each from Bulgaria, Portugal, Belgium, Spain, Albania, Austria, Czech
Republic and Hungary).

·
Exchange of best practice and training of law
enforcement services should be strengthened.

See Block 3 / topic 3 VLAP
benchmarks.

2.3.4.     Block 3 / topic 4 — Data
protection

·
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 Republic of Moldova was very active
during 2013 in further consolidating the legislative and policy framework, also
taking into account developments in the European regulatory framework. The
draft Law on the statement to the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data was approved by the
Government on 4 September 2013 and submitted to the Parliament for adoption
(see also above under Block 3 / topic 2). Beyond VLAP benchmarks, the Data Protection
Strategy for 2013-2018 and the Action Plan for its implementation were adopted
by the Parliament in October 2013. Additionally, the Centre for Personal Data
Protection (the Centre), developed guidelines regarding the processing of
personal data in the police sector and in the electoral process. Guidelines in
medical, education and banking sectors are being developed. The draft law on
amendments to the Law on Electronic Communications is under discussion in the
Parliament with a view to adoption in November.

The Centre continued to be actively
involved in a number of areas:

Period || Number of consultations on draft legislation || Number of petitions examined || Number of public awareness actions || Attendance of Court proceedings || Number of performed controls || Number of criminal procedures/ procedures within administrative courts initiated by the Center

Year 2011 || 35 || 90 || 63 || 0 || 46 || 0

Year 2012 || 41 || 214 || 85 || 35 || 82 || 4/6

Year 2013 (01.01.-30.06.) || 27 || 171 || 70 || 23 || 71 || 9/0

Regarding more specifically the processing
of personal data by law enforcement authorities, specific guidelines are being
developed. During the first half of 2013, there were 6 decisions of the Supreme
Court of Justice following appeal cases initiated by the Centre which clarified
the procedures for classifying information on the processing of personal data
by the law enforcement authorities.

The Centre continued to actively raise
awareness on data protection issues, including in electronic communications.
Regarding more specifically electronic communication the Centre's
representatives have been and are regularly participating in media programmes
on this issue. The Centre is also consulted in the process of drafting
legislation that cover issues related to the protection of personal data in
electronic communications. In addition, all information related to public
awareness is available on the Centre's website.

The Centre is properly provided with
financial resources, with a budget for 2013 of 2 975 300 MDL and with 21
permanent staff positions out of which 19 are filled. This year in order to
strengthen its logistical capacity, the Control team of the Centre was provided
with transportation means and technical equipment for documenting cases of
contravention, and verification of the implementation of the requirements for
the security of personal data at their processing within the information
systems of personal data by controllers. Further training activities were
organised: the Centre personnel attended 3 TAIEX study visits to: Sweden in the
field of education and personal data collection regarding minors, to the Czech
Republic on the protection of personal data in the print, visual and
audio-visual media and to Germany on the processing of health data.

General assessment Block 3

The Republic of Moldova has successfully achieved the main part
of the reform of the Ministry of Interior, with all its departments effectively
reorganised and delivering results. Intelligence analysis and risk analysis are
embedded in the operations. Confiscation powers are increasingly and more
extensively used. THB databases have been improved, and the social support for
victims has been ensured. The salaries of all officials have been substantially
increased, especially those working in the anti-corruption area, which allowed
reaching the staffing targets. A track record of sentences for high-level
corruption is yet to be established, while a more independent appointment
procedure for the head of the NAC needs to be devised. Smooth judicial
cooperation in criminal matters with Member States has continued, while
statistics gathering methods were harmonised. Further steps towards the signature/conclusion
of the cooperation agreement are currently being taken by Eurojust with a view
to its submission to the Council before the end of 2013. International police
cooperation has led to successful investigation cases and operations and solid
bases for deepening the cooperation with Ukraine have been laid. The Europol
operational cooperation agreement will be finalised in the coming months. The
Data Protection Centre has widened its authority and has reached its working
cruising speed thereby continuously training the author authorities.

Beyond the VLAP benchmarks for Block 3, is it important to
note that Republic of Moldova took further steps in the reform of the Judiciary
as well as the Prosecutor's Office, also by considerably investing in the training
of judges and prosecutors.

The Republic of Moldova has implemented in a satisfactory
manner the actions demanded by the recommendations of the 4th VLAP
report, while continuing to effectively implement the relevant legislation. The
Commission considers that the Republic of Moldova has met the second phase
benchmarks set under Block 3.

2.4.        Block 4: External relations and fundamental rights

2.4.1.     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;

There were restrictions
on the freedom of movement of Moldovan citizens and legally staying foreigners
or stateless persons within the Republic of Moldova in relation to registration
and de-registration procedures. The Bureau for Migration and Asylum (BMA) went
further to lift these restrictions by opening six territorial offices along the
administrative boundary line with the Transnistrian region, thus allowing for easier
and more consistent registration of foreigners entering the country through the
central segment of the country's common border with Ukraine.

Amendments introduced
in 2012 to the Law on HIV, in particular to ensure the rights of migrants,
refugees and asylum seekers, continued to be implemented by extending risk
prevention and voluntary testing programmes for vulnerable groups,
strengthening the medical monitoring of persons with HIV/AIDS (at eight
regional offices, including the Transnistrian region, and prisons) and
increasing the number of medical points able to deliver antiretroviral
treatment (1 185 patients are being treated free of charge by these
centres, including those in the Transnistrian region). In addition, the
Contravention Code was amended on 10 October 2013 to remove sanctions against
foreigners refusing HIV/AIDS testing.

·
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 aimed
at facilitating the issuance of travel and identity documents to young people and
socially vulnerable groups continue to be implemented. By Government decree of
18 February 2013, Moldovan citizens may apply for travel and identity documents
in any territorial subdivision of the CSIR Registru, irrespective of their
place of residence, and facilities are provided for persons with disabilities
(mobile documentation offices, home delivery). At the same time, the Registru testing
laboratory received ISO 17025 accreditation and became operational to test raw
materials, final materials and products and face recognition. Ninety-nine tests
were conducted in 2013, for the purposes of product testing or face
recognition.

As regards ethnic
minorities, the measures put in place to implement the authorities’ integration
policy for a multi-ethnic Moldovan society are actively used by the target
groups (for the first eight months of 2013, of all travel and identity
documents delivered, about 25% were for ethnic minorities). Moldovan citizens
residing in the Transnistrian region continued to apply for Moldovan travel and
identity documents, under the special identification procedures set out in
Government Decision No 525 of 11 July 2013 on the implementation of amendments
to the Law on Citizenship of 2 June 2000. As of the end of July 2013, 239 758
passports had been issued to such residents. In addition, bilateral meetings
were organised with the relevant de facto authorities of ‘Transnistria’, in
order to advance the issue of a single national identification number to be used
on birth certificates issued by the de facto authorities.

·
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, accompanied by implementing acts, constitutes the
cornerstone of the anti-discrimination framework. The Moldovan authorities
undertook to implement the law in earnest, as they re-affirmed during the EU-Republic
of Moldova Human Rights dialogue of 16 April 2013. The training programmes for
magistrates, lawyers, law enforcement officers and the public are going at an
accelerated pace. The Equality Council was set up after some delay in June
2013, its President elected on 23 July, and on 31 July 2013 it was established with
a budget of MDL 1.8 million (€112.000) for the period to the end of the year. MDL
3.3 million have been earmarked so far for the period 2014-2016, an amount
deemed commensurate with the activities foreseen in the Strategic Plan
2014-2016 developed by the members of the Council with the help of the Council
of Europe. The Equality Council met actively to set up its administration,
developed its internal management documentation (also with the help of the
Council of Europe), started to develop a network of international contacts, and
launched a comprehensive review of legislation in the field of human rights and
antidiscrimination.

At the same time, on 11
October 2013 the Government and Parliament deflected an attempt by several MPs to
challenge the anti-discrimination framework that relied on removing a reference
to ‘relations other than those related to marriage and family’ in the
amendments of May 2013 to the Contravention Code. The amendments were allegedly
meant to protect children and to implement the Council of Europe Convention on
Protection of Children against Sexual Exploitation and Sexual Abuse (the
'Lanzarote Convention') notably by introducing fines against the public
dissemination of information ‘with a negative impact on minors and/or promoting
prostitution, paedophilia and pornography’. Instructions were adopted by Government
for the implementation of the amendments in line with the Equality law and
non-discrimination principles until the amendments to the Contravention Code
Law were repealed by the Parliament. In the same spirit, on 27 May 2013 the
Ombudsman submitted a civil action against provisions of a law adopted by the Gagauz-Yeri
Autonomous Region infringing the principles of equality, fairness and
objectivity enshrined in the Law on Ensuring Equality; on 20 June 2013 the
Comrat Court of Justice upheld the action and annulled the relevant legal provisions.

The Council of Europe Venice Commission[35] commended the decisions
taken by the domestic courts of the Republic of Moldova annulling the
prohibition on “aggressive propaganda of homosexuality” adopted by local authorities
and the voluntary withdrawal of the draft laws by the other local authorities[36], while noting
nevertheless that the Court decisions focuses mostly on the principle of
equality, whereas the issue of sexual orientation and the related form of
expression were not addressed.

By law of 21 December
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. The law entered into force on 13 May 2013; on 21 August 2013, the
Republic of Moldova completed its preparations by assigning the Bureau of
Interethnic Relations as the authority responsible for reporting on the implementation
of the Convention. In addition, in line with the National Human Rights Action
Plan, the Government launched a feasibility study with a view to ratification of
Protocol No. 12 to the Convention for the Protection of Human Rights and
Fundamental Freedoms (ETS No. 177). The Government also put in place
far-reaching measures to implement the Law on Social Inclusion of Persons with
Disabilities of 30 March 2012, notably through the newly created social service
"Personal Assistance" (430 personal assistants, including 179 fully
funded out of the central budget).

·
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;

The revised National Human Rights Action
Plan 2011-2014 continued to be implemented under the supervision of a
cross-agency Permanent Human Rights Commission, technically supported by the
Ministry of Justice. Every central and regional authority has drafted and is
implementing its own action plan to apply the National Human Rights Action
Plan. In September 2013, the Permanent Commission decided to increase
visibility of, and support to, its action by opening participation to the
Council of Europe, the UN, the EU, the Organisation for Security and
Cooperation in Europe (OSCE), national and international NGOs. Moreover, the
recommendations in the country report by the Special Rapporteur on freedom of
religion or belief have been implemented. Efforts
have also increased to implement the 2011-2015 Action Plan on Supporting Roma
People, revised as suggested by international organisations, notably by
organising regular trainings in the regions, keeping local authorities,
district police officers and district doctors in frequent contact with the
inter-ministerial working group on implementation of the Action Plan, focusing
attention on the education sector, and putting in place the network of 15 Roma
community mediators (as foreseen in the medium-term budget framework, 33 more
community mediators will be deployed in 2014-2015).

The strategy for the
reform of the justice sector gives due importance to the reform of the Ombudsman’s
institution, the Centre for Human Rights, with a view to strengthening its
independence and effectiveness and that of the related National Mechanism for
the Prevention of Torture. An ad hoc working group conducted a detailed study
on the Centre’s activity, including an 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 Ministry of Justice drafted legislation on reorganising
the Centre on the selection and appointment of the Ombudsperson(s), and on establishing
the latters’ autonomy in selecting and appointing the Centre’s staff and
deciding its internal organisation and budget issues. The draft law was adopted
by the Government on 4 September 2013 and immediately submitted to
Parliament. This confirmed the authorities’ will to strengthen the Ombudsman’s
institution.

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 proceedings
before the Court or to intervene in judicial proceedings in the form of amicus
curiae, including anti-discrimination proceedings. It opened a regional
centre in Varnitsya, a Moldovan-controlled suburb of Bender, in the so-called
security zone of the Transnistrian conflict, with a view to handling requests by
the local population and improving cooperation with the corresponding Ombudsman’s
institution in ‘Transnistria’.

2.4.2.     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 continued to
show consistent commitment and improving results in implementing the Human
Rights Action Plan 2011-2014, based on substantial, though suboptimal, budget
allocations. In September 2013, the Permanent Human Rights Commission invited
international organisations such as the Council of Europe, the UN, the EU, the
OSCE and international NGOs to take part in its monitoring and assessment work.
The invitation was issued shortly after the Moldovan Government announced its intention
to make the implementation of the Action Plan more transparent and accountable.

·
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.

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 has stirred Moldovan
society. After the uncertainty in March-June 2013, the swift setting-up of the
Equality Council with an adequate budget for the current year confirmed the
authorities’ will to implement the 2012 anti-discrimination legislation fully
and in a sustainable manner.

·
Sustain its financial efforts to implement
the Action Plan on Roma Support 2011-2015 in an effective and consistent
manner.

As previously reported, the 2011-2015 Action
Plan on Roma Support has been implemented consistently by the Moldovan
authorities. Albeit with some delay, their previous commitment make the Roma
community mediators official was backed by effective budgetary commitments in
2013. There are no signs at present that this commitment will not be sustained
in the future. On this issue, as on human rights issues in general, cooperation
with, and support from, the international community is an important factor in ensuring
the success of planned actions.

·
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;

Identity documents are issued to
Transnistrian residents by the constitutional authorities of the Republic of Moldova
based on information provided under Moldovan law and checked against
information possessed by the constitutional authorities.

Cooperation between Chisinau and Tiraspol
on law enforcement matters is ad hoc, under a 1994 agreement. The agreement,
however, cannot been implemented as it stands given the Republic of Moldova’s
progress in human rights issues, because as it does not provide sufficient
guarantees of personal data protection and respect for the human rights of
suspects sought for investigation by the de facto Transnistrian authorities. This
format needs to be revised; work on this matter began in June 2013 on the basis
of a draft proposed by the OSCE Mission in 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 in charge of reintegration (the Republic of Moldova’s political
representative in the ‘5+2’) sent a letter informing the Transnistrian de facto
administration, the other participants in the ‘5+2’ process and the Joint
Control Commission established under the Russian Federation-Republic of Moldova
ceasefire agreement of 1992 of the Republic of Moldova’s intention to create
six territorial offices of the Moldovan BMA along the administrative boundary
line with ‘Transnistria’ in order to improve monitoring of migration flows
through the central segment of the Republic of Moldova-Ukraine border (otherwise
subject to Ukrainian and unrecognised ‘Transnistrian’ border controls). These
territorial offices were set up in October 2013, after an additional
information campaign targeting the Transnistrian residents, their de facto
authorities and the participants in the '5+2'. The offices will register
foreign citizens who enter or leave the territory of the Republic of Moldova
through that region.

Transnistria-based foreign citizens
(Moldovan citizens without a Moldovan passport) willing to leave or enter the
Republic of Moldova through Chisinau-controlled territory, will be exempted
them from mandatory registration with the migration authority once the
necessary legislative framework is put in place. This mechanism does not affect
the movement of foreigners within the internationally recognised borders of the
Republic of Moldova. At the same time, mobile control units of Moldovan border
police were put in place to perform second-line checks on Chisinau-controlled
territory, the Moldovan police being allowed to perform such checks in the
so-called security zone along the administrative boundary line.

Hence, the Republic of Moldova improved its
already generally inclusive policy with regard to its citizens residing in
‘Transnistria’, and in addition it allows them free-of-charge access to
Moldovan citizenship on a voluntary basis (or free-of-charge issuance of
identity documents on first documentation). Given the lack of recognition of
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 to the Law on Citizenship
2004 and Government Decisions No 959 of 9 September 2005, No 337 of 10 May
2011, and No 525 of 11 July 2013. Discussions with Tiraspol continued in police
cooperation matters: to implement an information exchange mechanism and to allow
re-registration in the Republic of Moldova of documents issued by the
Transnistrian de facto authorities. Another notable improvement under
discussion is the insertion of elements of nation-wide identification (a number
generated by the Moldovan Civil Status Registry) in civil status documents
issued by the Transnistrian de facto authorities, as in effect this would
simplify the process for Transnistrian residents applying for Moldovan identity
documents.

Furthermore, the Republic of Moldova
engaged in talks with Ukraine on exchanging border crossing information on foreigners
entering ‘Transnistria’ from Ukraine, and is intent on extending the practice
of joint controls and patrolling with Ukrainian border guards on the central
segment of the Republic of Moldova-Ukraine border. This practice began in 2012
on the northern border segment, at the jointly operated border crossing point
of Rososhany-Briceni, and is in the process of being extended to the border
crossing point in Palanca / Mayaki on the southern border.

General assessment Block 4 The Republic of Moldova has moved towards effective implementation of the substantial legislative changes introduced during the first phase of the VLAP. The Moldovan authorities have made serious implementation efforts with regard to the Law on Ensuring Equality, the implementation of the National Human Rights Action Plan, the strengthening of the Ombudsman's office, the establishment of registration offices for foreigners entering the country through the territory of ‘Transnistria’, and the facilitation of documentation and evidence for Transnistrian residents. The Republic of Moldova has implemented in a satisfactory manner the actions demanded by the recommendations of the 4th VLAP report, while continuing to effectively implement the relevant legislation. The Commission considers that the Republic of Moldova has met the second phase benchmarks set under Block 4.

3.           conclusions

Since the launch 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 regularly reported to the European Parliament and to the
Council on the progress made by the Republic of Moldova in fulfilling the
benchmarks identified under the four blocks of the first and second phase of
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 Senior Officials Meeting of the EU-Republic
of Moldova Visa Dialogue;

·
the EU-Republic of Moldova Joint Visa
Facilitation Committee;

·
the EU-Republic of Moldova Joint Readmission
Committee;

·
the EU-Republic of Moldova Joint Subcommittee No
3;

·
the Senior Officials Meeting of the EU-Republic
of Moldova Mobility Partnership; and

·
the EU-Republic of Moldova Human Rights
Dialogue.

In each of these committees and dialogues,
cooperation between the EU and the Republic of Moldova is regularly addressed. At
the last Visa Facilitation and Readmission Joint Committees held on 12 June
2013 in Brussels and attended by representatives of EU Member States, the
Commission noted that implementation of the two agreements was very
satisfactory overall.

The EU-Republic of Moldova Visa Dialogue has
proved to be an important and particularly effective tool for advancing
far-reaching and difficult reforms in the Justice and Home Affairs area and
beyond, impacting areas such as the rule of law and justice reform, including sound
party financing, the review of immunities, and administrative modernisation.
Beyond VLAP benchmarks, the Republic of Moldova took further steps in the
reform of Judiciary as well as the Prosecutor Office. These issues are
monitored in other dialogue frameworks, such as the Cooperation Committee, the
Cooperation Council and will be monitored in the context of the future
Association Agenda.

The progress achieved by the Republic of
Moldova over the last three years in all areas covered by the four blocks of
the VLAP is steady and effective. It demonstrates the commitment and constant
efforts of successive Moldovan governments and all state institutions that have
made the fulfilment of the VLAP benchmarks a top national priority.

It is notable that in several key areas the
VLAP reforms were completed in the first half of 2013 despite an unstable
political situation lasting several months, which is indicative of an appropriate
level of good governance and maturity of the public administration.

The amendments to the
EU visa rules will introduce a new visa waiver suspension mechanism
which contributes to preserving the integrity of the visa liberalisation
process and ensures, as a measure of last resort, that visa-free travel will not
lead to irregularities or abuse.

The Republic of Moldova
has allocated appropriate financial and human resources to ensure that the
reforms are sustainable. A national long-term, multi-year plan has been
established. The EU is also contributing to this process. The EU’s Annual
Action Programme for 2012 for the Republic of Moldova will provide EUR 60
million in the form of Sector Budget Support to Justice Sector Reforms,
with the first disbursement of EUR 15 million planned for November 2013. The programme
will also provide EUR 21 million exclusively for support for the implementation
of the Visa Liberalisation Action Plan. Moreover, the reforms in this
sector are also supported by the CIB Programme for 2011-2013. Continuous targeted
information campaigns have been run, aiming to clarify the rights and
obligations entailed in visa-free travel, and on the rules of access to the EU
labour market. These should continue in the run-up to and after visa
liberalisation.

Four Progress Reports on the implementation
of the VLAP have been presented (September 2011, February 2012, June 2012 and
June 2013). The Fourth Progress Report confirmed that the Republic of Moldova
was broadly in line with all the benchmarks set in the four blocks of the VLAP
and identified actions that, if taken, would complete its implementation of all
benchmarks for the second phase of the VLAP.

The Commission considers that since then the Republic of Moldova has made the necessary progress to ensure effective and
sustainable implementation of the remaining reforms. All action required
under the Fourth VLAP progress report has been taken. The legislative
and policy framework, the institutional and organisational principles, and the
implementation of the procedures throughout the four blocks comply with
European and international standards.

Based on this assessment,
and given the outcome of the continuous monitoring and reporting carried out since
the launch of EU-Republic of Moldova Visa Dialogue in
June 2010, the Commission considers that the Republic of Moldova meets all the benchmarks set in the four blocks of the
second phase of the VLAP. Taking into account
overall relations between the EU and the Republic of Moldova, the Commission will therefore consider, immediately following the Vilnius
Eastern Partnership Summit, presenting a legislative proposal to amend EC
Regulation 539/2001 in accordance with the agreed methodology under the VLAP.

The Commission will
continue to actively monitor the continuous implementation by the
Republic of Moldova of all benchmarks under the four blocks of the VLAP under the
existing Partnership and Cooperation structures and dialogues, and, if
necessary, through ad hoc follow-up mechanisms.

[1]               Council document 18078/10.

[2]               These are: (i) document security, including
biometrics; (ii) irregular migration, including readmission; (iii) public order
and security; and (iv) external relations and fundamental rights.

[3]               First Progress Report on the implementation by the
Republic of Moldova of the Action Plan on Visa Liberalisation, SEC(2011) 1075
final.

[4]               SWD (2012)12 final.

[5]               COM(2012) 348 final.

[6]               COM(2012) 443 final.

[7]               COM(2013) 459 final.

[8]               ICAO 9303 ‘Machine Readable Travel Documents, Part 1
Machine Readable Passports, Volume 2 Specifications for Electronically Enabled
Passports with Biometric Identification Capability’.

[9]               ICAO Technical Report, Durability of Machine Readable
Passports (Version 3.2, 206.8.30); ISO/IEC 10373-1 SE: 206.5.01 —
Identification cards — Test Methods — General Characteristics; ICAO Technical
Report, RF Protocol and Application Test Standard for e-Passport — Part 2
(Version 1.02, 207.2.20); ICAO Technical Report, RF Protocol and Application
Test Standard for e-Passport — Part 3 (Version 1.01, 207.2.20).

[10]             Law no 133 from 8 June 2011.

[11]             Public Register of Authentic Identity and Travel
Documents online.

[12]             1 Euro = 17.26 Moldovan Leu (MDL) on 21 October 2013.

[13]             FRONTEX Situational Centre and General Inspectorate of
the Romanian Border Police.

[14]             This included: Dacia Duster cars — 80; ATVs — 105; thermal
imagers — 32; day vision devices — 420; night vision devices — 304; portable gamma
and neutron radiation detectors— 354; inspection mirrors — 66; endoscopes — 62;
‘Regula 1019’ document verification devices — 32; and ’Regula 7337’ document reading
devices — 47.

[15]             The relevant measures will prevent additional obstacles
being created to the freedom of movement of residents of the Transnistrian
region and respect the existing arrangements in the Security Zone. The
mechanism applies only to foreign citizens non-resident in the Transnistrian
region who are crossing the Ukrainian-Moldovan border through the Transnistrian
segment.

[16]             EUBAM Special report on ‘Irregular Migration and
Trafficking in Human Beings at the Moldovan-Ukrainian Border 2012’, 16 July
2013.

[17]             Budget for the Republic of Moldova: EUR 673 000.

[18]             Budget for the Republic of Moldova: EUR 1 200 000.

[19]             Eleven Implementing Protocols between the Republic of
Moldova and EU Member States have entered into force, namely with:, Estonia,
Hungary, Romania, Slovakia, Germany, Austria, Lithuania, Latvia, Malta,
Denmark, Bulgaria and the Czech Republic. A further Implementing Protocol has
been signed with the Benelux countries (Belgium, Luxembourg, Netherlands), and
a bilateral readmission agreement has been signed with Denmark. Under
negotiation are draft Implementing Protocols with Greece, Finland, United
Kingdom and Sweden.

[20]             This fell to 5 % in 2013.

[21]             This fell to 1.4 % in 2013.

[22]             As part of the project ‘Strengthening the Link between
Migration and Development: Testing an Integrated Service Provider to Moldovan
Migrants and their Communities (NEXUS Moldova)’.

[23]             Nexus Moldova household survey May to August 2013.

[24]             A refugee law seminar for 37 senior border police
officers was held in Cahul on 16 April 2013. A cross-border mission by the BMA
and UNHCR was organised in the north of the country, to promote principles of
refugee protection in border management and to enhance cross-border cooperation
between Romania and the Republic of Moldova in this area. Six judges and ten
lawyers were included in the e-learning programme of the Inclusion Module of
the European Asylum Curriculum. With the National Institute of Justice, the BMA
organised the following seminars for judges and prosecutors in the field of
migration: ‘National and international standards of migration and asylum issues’
(22-23 May 2013), for 30 judges and 7 BMA representatives; ‘National and
international standards of migration and asylum issues’ (17-18 October 2013),
for 15 judges, 10 prosecutors, 5 lawyers, 7 BMA representatives and 5 road
police officers; and ‘The rights of migrants, refugees and asylum seekers’
(12-13 September 2013), for 30 judges.

[25]             This includes 8 groups (55 members) specialised in
committing burglary, robberies, thefts, the issue and passing on of counterfeit
money, smuggling of goods, and scams; 20 groups (78 members) specialised in
committing economic fraud; 6 groups (20 members) involved in drug trafficking
and 6 groups (22 members) specialising in human trafficking, prostitution and
irregular migration.

[26]             Within the project, in 2013, 5 i2 Analyst‘s Notebook
licences, 4 iBase User licences, 1 iBase Designer licence, and 1 I2 Text Chart
licence, 8 Hewlett Packard computers adapted to the work requirements of an
analyst and other specialised devices were purchased.

[27]             http://crima-organizata.mai.gov.md/index-ro.php.

[28]             The Permanent Secretariat of the National Committee for
Combating THB launched a THB website on 18 June 2013: www.antitrafic.gov.md.

[29]             A study on ‘Rights, Restoration And Recovery:
Compensation For Trafficked Persons in the Republic of Moldova’, conducted by
an international expert, was finalised on 5 August 2013.

[30]             The NAC only investigates money-laundering, the financing
of terrorism, corruption acts (active/passive bribery, trading in influence)
and corruption-related acts (abuse of power or abuse of official position,
excess of power or excess of official authority, forgery of public documents).

[31]             Annex 1 to the Council Directive of 24 June 1988 for
the implementation of Article 67 of the Treaty (88/361/EEC).

[32]             http://justice.gov.md/public/files/RAPORT\_implementare\_PAI\_SRSJ\_eng\_red.04.03.13.pdf

[33]             587 on checks of persons, 91 on checks of vehicles, 11
on drug trafficking, 392 on person search, 14 on verification of companies, 18
on organised crime groups,, 143 on other types of offences, 16 on legal
assistance and 24 on trade in drugs and tobacco.

[34]             In the territory of the Republic of Moldova, the
operation involved 19 interventions (at the airport, land border crossing
points, in markets, etc.) where violations of intellectual property rights were
identified. The final results have not yet been published.

[35]             See Council of Europe Venice Commission of June 2013

[36]             See also COM(2013) 459 final, page 37

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