Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2022/0086 (NLE)**

**Brussels, 16 March 2022**
**(OR. en)**

**7204/22**

**FRONT 122**

**COEST 230**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: Agreement between the European Union and the Republic of Moldova on
operational activities carried out by the European Border and Coast Guard
Agency in the Republic of Moldova

7204/22 DOS/vm
# JAI.1  EN

AGREEMENT

BETWEEN THE EUROPEAN UNION

AND THE REPUBLIC OF MOLDOVA

ON OPERATIONAL ACTIVITIES CARRIED OUT

BY THE EUROPEAN BORDER AND COAST GUARD AGENCY

IN THE REPUBLIC OF MOLDOVA

EU/MD/en 1

THE EUROPEAN UNION,

and

THE REPUBLIC OF MOLDOVA,

hereinafter referred to individually as a "Party" and collectively as the "Parties",

WHEREAS situations may arise where the European Border and Coast Guard Agency

("the Agency") coordinates operational cooperation between the Member States of the European

Union and the Republic of Moldova, including on the territory of the Republic of Moldova,

WHEREAS a legal framework in the form of a status agreement should be established for the

situations where the team members deployed by the Agency will have executive powers on the

territory of the Republic of Moldova,

WHEREAS the status agreement may provide for the establishment by the Agency of antenna

offices on the territory of the Republic of Moldova to facilitate and improve coordination of

operational activities and to ensure the effective management of the human and technical resources

of the Agency,

CONSIDERING the high level of protection of personal data in the Republic of Moldova and the

European Union; and,

EU/MD/en 2

CONSIDERING that the Republic of Moldova has ratified the Council of Europe Convention

No. 108 of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing

of Personal Data and the additional Protocol thereto;

BEARING IN MIND that respect for human rights and democratic principles are fundamental

principles governing the cooperation between the Parties;

CONSIDERING that the Republic of Moldova has ratified the Convention for the Protection of

Human Rights and Fundamental Freedoms of 4 November 1950, the rights enumerated in which

correspond to those in the Charter of Fundamental Rights of the European Union;

CONSIDERING that all operational activities of the Agency on the territory of the Republic of

Moldova should fully respect fundamental rights and the international agreements to which the

European Union, its Member States and/or the Republic of Moldova are party,

CONSIDERING that all persons participating in an operational activity are obliged to maintain the

highest standards of integrity, ethical conduct and professionalism, as well as respect for

fundamental rights and to meet obligations imposed upon them by the provisions of the operational

plan and the Agency's code of conduct,

HAVE DECIDED TO CONCLUDE THE FOLLOWING AGREEMENT:

EU/MD/en 3

ARTICLE 1

Scope

1. This agreement governs all matters necessary for the deployment of border management

teams from the European Border and Coast Guard standing corps to the Republic of Moldova,

where the team members may exercise executive powers.

2. The operational activities referred to in paragraph 1 may take place on the territory of the

Republic of Moldova under the control of the constitutional authorities of the Republic of Moldova,

including at its borders.

ARTICLE 2

Definitions

For the purposes of this Agreement, the following definitions apply:

(1) "operational activity" means a joint operation or a rapid border intervention;

EU/MD/en 4

(2) "Agency" means the European Border and Coast Guard Agency established by Regulation

(EU) 2019/1896 **[1]** on the European Border and Coast Guard or any amendment thereto;

(3) "border control" means the activity carried out at a border, in accordance with and for the

purposes of this Agreement, in response exclusively to an intention to cross or the act of

crossing that border, regardless of any other consideration, consisting of border checks and

border surveillance;

(4) "border management teams" means teams formed from the European Border and Coast Guard

standing corps to be deployed during joint operations and rapid border interventions at the

external borders in Member States and in third countries;

(5) "consultative forum" means the advisory body established by the Agency pursuant to Article

108 of Regulation (EU) 2019/1896;

(6) "European Border and Coast Guard standing corps" means European Border and Coast Guard

standing corps provided for in Article 54 of Regulation (EU) 2019/1896;

(7) "Border Police" means the Border Police of the Ministry of Internal Affairs of the Republic of

Moldova;

**1** Regulation (EU) 2019/1896 of the European Parliament and of the Council of
13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU)
No 1052/2013 and (EU) 2016/1624 (OJ EU L 295, 14.11.2019, p. 1).

EU/MD/en 5

(8) "EUROSUR" means the framework for information exchange and cooperation between the

Member States and the European Border and Coast Guard Agency;

(9) "fundamental rights monitor" means fundamental rights monitor as provided for in

Article 110 of Regulation (EU) 2019/1896;

(10) "home Member State" means the Member State from which a staff member is deployed or

seconded to the European Border and Coast Guard standing corps;

(11) "incident" means a situation relating to illegal immigration, cross-border crime, or a risk to

the lives of migrants at, along, or in proximity to, the external borders of the European Union

or the Republic of Moldova;

(12) "joint operation" means an action coordinated or organised by the Agency to support the

national authorities of the Republic of Moldova responsible for border control aimed at

addressing challenges such as illegal immigration, present or future threats at the borders of

the Republic of Moldova or cross-border crime, or aimed at providing increased technical and

operational assistance for the control of those borders;

(13) "team member" means a member of the European Border and Coast Guard standing corps

deployed through a border management team to participate in an operational activity;

(14) "Member State" means a Member State of the European Union;

EU/MD/en 6

(15) "operational area" means the geographical area wherein an operational activity is to take

place;

(16) "participating Member State" means a Member State which participates in an operational

activity, by providing technical equipment or staff of the European Border and Coast Guard

standing corps;

(17) "personal data" means any information relating to an identified or identifiable natural person

("data subject"); an identifiable natural person is one who can be identified, directly or

indirectly, in particular by reference to an identifier such as a name, an identification number,

location data, an online identifier or to one or more factors specific to the physical,

physiological, genetic, mental, economic, cultural or social identity of that natural person;

(18) "rapid border intervention" means an action aimed at responding to a situation of specific and

disproportionate challenge at the borders of the Republic of Moldova by deploying border

management teams in the territory of the Republic of Moldova for a limited period of time to

conduct border control together with the national authorities of the Republic of Moldova

responsible for border control;

(19) "Statutory staff" means staff employed by the European Border and Coast Guard Agency in

accordance with the Staff Regulations of Officials of the European Union and the Conditions

of Employment of Other Servants of the Union laid down in Council Regulation (EEC,

Euratom, ECSC) No 259/68 **[1]** .

**1** OJ EU L 56, 4.3.1968, p. 1.

EU/MD/en 7

ARTICLE 3

Launching Operational Activities

1. An operational activity under this agreement shall be launched by a written decision of the

Agency's executive director upon a written request of the competent authorities of the Republic of

Moldova. Such request shall include a description of the situation, possible aims and envisaged

needs, and the profiles of staff needed, including those staff having executive powers, as applicable.

2. If the Agency's executive director considers that the requested operational activity would

likely entail or lead to serious and/or persistent violations of fundamental rights or international

protection obligations, then the executive director shall not launch the operational activity.

3. If, following the receipt of a request under paragraph 1, the Agency's executive director

considers that further information is necessary in order to decide whether to launch an operational

activity, he or she may request further information, or authorise Agency experts to travel to the

Republic of Moldova to assess the situation there. The Republic of Moldova shall facilitate such

travel.

4. The Agency's executive director shall decide not to launch an operational activity if he or she

considers there to be justified cause to suspend or terminate it under the relevant provisions of

Article 18.

EU/MD/en 8

ARTICLE 4

Operational Plan

1. An operational plan shall be agreed upon for each operational activity between the Agency

and the Republic of Moldova in accordance with Articles 38 and 74 of Regulation (EU) 2019/1896.

The operational plan shall be binding on the Agency, the Republic of Moldova and the participating

Member States.

2. The operational plan and any amendments thereto shall be subject to the agreement of any

Member States neighbouring the Republic of Moldova and/or bordering the operational area.

3. The operational plan shall set out in detail the organisational and procedural aspects of the

operational activity, including:

(a) a description of the situation, with _modus operandi_ and objectives of the deployment,

including the operational aim;

(b) the estimated time that the operational activity is expected to last in order to achieve its

objectives;

(c) the operational area;

EU/MD/en 9

(d) a description of the tasks, including those requiring executive powers, responsibilities,

including with regard to the respect for fundamental rights and data protection requirements,

and special instructions for the teams, including on permissible consultation of databases and

permissible service weapons, ammunition and equipment in the Republic of Moldova;

(e) the composition of the border management team as well as the deployment of other relevant

staff/ the presence of other members of the Agency's statutory staff, including fundamental

rights monitors;

(f) command and control provisions, including the names and ranks of the border guards or other

relevant staff of the Republic of Moldova responsible for cooperating with the team members

and the Agency, in particular the names and ranks of those border guards or other relevant

staff who are in command during the period of deployment, and the place of the team

members in the chain of command;

(g) the technical equipment to be deployed during the operational activity, including specific

requirements such as conditions for use, requested crew, transport and other logistics, and

financial provisions;

(h) detailed provisions on immediate incident reporting by the Agency to the management board

and to relevant authorities of the participating Member States and of the Republic of Moldova

of any incident encountered in the course of an operational activity performed under this

Agreement;

EU/MD/en 10

(i) a reporting and evaluation scheme containing benchmarks for the evaluation report, including

with regard to the protection of fundamental rights, and final date of submission of the final

evaluation report;

(j) [Intentionally Left Blank];

(k) the terms of cooperation with Union bodies, offices and agencies other than the Agency, other

third countries or international organisations;

(l) general instructions on how to ensure the safeguarding of fundamental rights during the

operational activity, including personal data protection and obligations deriving from

applicable international human rights instruments;

(m) procedures whereby persons in need of international protection, victims of trafficking in

human beings, unaccompanied minors and other persons in vulnerable situations are directed

to the competent national authorities for appropriate assistance;

(n) procedures setting out a mechanism to receive and transmit to the Agency and the Republic of

Moldova complaints (including those lodged under Article 8(5) hereunder) against any person

participating in an operational activity, including border guards or other relevant staff of the

Republic of Moldova and team members, alleging breaches of fundamental rights in the

context of their participation in an operational activity of the Agency;

EU/MD/en 11

(o) logistical arrangements, including information on working conditions and the environment of

the areas in which the operational activity is to take place; and,

(p) provisions concerning an antenna office, as established in accordance with Article 6.

4. Any amendments to or adaptations of the operational plan shall require the agreement of the

Agency and the Republic of Moldova, after consultation of the participating Member States.

5. Exchange of information and operational cooperation for the purposes of EUROSUR shall

take place in accordance with the rules for establishing and sharing the specific situational pictures

to be set out in the operational plan for the operational activity concerned.

6. The evaluation of the operational activity in accordance with paragraph (3)(i) of this article

shall be conducted jointly by the Republic of Moldova and the Agency.

7. The terms of cooperation with Union bodies, offices and agencies in accordance with

paragraph (3)(k) of this article shall be conducted in line with their respective mandates and within

available resources.

EU/MD/en 12

ARTICLE 5

Incident Reporting

1. The Agency and the Border Police shall each have an incident reporting mechanism to allow

timely reporting of any incident encountered in the course of an operational activity performed

under this Agreement.

2. The Agency and the Republic of Moldova shall assist each other in carrying out all necessary

inquiries and investigations into any incident reported via this mechanism, such as identifying

witnesses and collecting and producing evidence, including requests to obtain and, if appropriate,

hand over items connected with a reported incident. The handing over of any such items may be

made subject to their return within the terms specified by the competent authority delivering them.

ARTICLE 6

Antenna Offices

1. The Agency may establish antenna offices on the territory of the Republic of Moldova to

facilitate and improve coordination of operational activities and to ensure the effective management

of the human and technical resources of the Agency. The location of the antenna office shall be

established by the Agency in consultation with the relevant authorities of the Republic of Moldova.

EU/MD/en 13

2. The antenna offices shall be established in accordance with operational needs and remain

operational for the period of time necessary for the Agency to carry out operational activities in the

Republic of Moldova. Subject to the agreement of the Republic of Moldova, that period of time

may be prolonged by the Agency.

3. Each antenna office shall be managed by a representative of the Agency appointed by the

executive director as head of the antenna office who shall oversee the overall work of the office.

4. The antenna offices shall, where applicable:

(a) provide operational and logistical support and ensure the coordination of Agency's activities

in the operational areas concerned;

(b) provide operational support to the Republic of Moldova in the operational areas concerned;

(c) monitor the activities of the teams and regularly report to the Agency's headquarters;

(d) cooperate with the Republic of Moldova on all issues related to the practical implementation

of the operational activities organised by the Agency in the Republic of Moldova, including

any additional issues that might have occurred in the course of these activities;

(e) support the coordinating officer in his or her cooperation with the Republic of Moldova on all

issues related to its contribution to operational activities organised by the Agency and, where

necessary, liaise with the Agency's headquarters;

EU/MD/en 14

(f) support the coordinating officer and fundamental rights monitor(s) assigned to monitor an

operational activity in facilitating, where necessary, the coordination and communication

between the Agency's teams and the relevant authorities of the Republic of Moldova as well

any relevant tasks;

(g) organise logistical support relating to the deployment of the team members and the

deployment and use of technical equipment;

(h) provide all other logistical support regarding the operational area for which a given antenna

office is responsible, with a view to facilitating the smooth running of the operational

activities organised by the Agency;

(i) ensure the effective management of the Agency's own equipment in the areas covered by its

activities, including the possible registration and long-term maintenance of that equipment

and any logistical support needed; and,

(j) support other staff and/or activities of the Agency in the Republic of Moldova as agreed

between the Agency and the Republic of Moldova.

5. The Agency and the Republic of Moldova shall ensure the best possible conditions for the

fulfilment of the tasks assigned to the antenna office.

6. The Republic of Moldova shall provide the Agency with assistance to ensure the operational

capacity of the antenna office.

EU/MD/en 15

ARTICLE 7

Coordinating Officer

1. Without prejudice to the role of antenna offices as described in Article 6, the executive

director shall appoint one or more experts from the statutory staff of the Agency to be deployed as

coordinating officer(s) for each operational activity. The executive director shall notify the Republic

of Moldova of such appointment.

2. The role of the coordinating officer shall be to:

(a) act as an interface between the Agency, the Republic of Moldova and the team members,

providing assistance, on behalf of the Agency, on all issues relating to the conditions of the

deployment, to the teams;

(b) monitor the correct implementation of the operational plan, including, in cooperation with the

fundamental rights monitor(s), as regards the protection of fundamental rights, and report to

the executive director thereon;

(c) act on behalf of the Agency in all aspects of the deployment of the teams and report to the

Agency on all those aspects; and,

(d) foster cooperation and coordination among the Republic of Moldova and participating

Member States.

EU/MD/en 16

3. In the context of operational activities, the executive director may authorise the coordinating

officer to assist in resolving any disagreement on the execution of the operational plan and

deployment of the teams.

4. The Republic of Moldova shall only issue instructions that are in compliance with the

operational plan to the team members. If the coordinating officer considers instructions issued to

team members not to be in compliance with the operational plan or applicable legal obligations, he

or she shall immediately communicate this to the Republic of Moldova officers carrying out a

coordinating role and to the executive director. The executive director may take appropriate

measures, including the suspension or the termination of the operational activity, in line with

Article 18 of this Agreement.

5. The Republic of Moldova may authorise team members to act on its behalf.

EU/MD/en 17

ARTICLE 8

Fundamental Rights

1. In performing their obligations under this Agreement, the Parties undertake to act in

compliance with all applicable human rights law instruments, including the 1950 European

Convention on Human Rights, the 1951 United Nations Convention Relating to the Status of

Refugees and the 1967 Protocol thereto, the 1965 Convention on the Elimination of All Forms of

Racial Discrimination, the 1966 International Covenant on Civil and Political Rights, the 1979

Convention on the Elimination of All Forms of Discrimination against Women, the 1984 UN

Convention Against Torture, the 1989 UN Convention on the Rights of the Child, the 2006 United

Nations Convention on the rights of persons with disabilities, and the Charter of Fundamental

Rights of the European Union.

2. Team members shall, in the performance of their tasks and in the exercise of their powers,

fully respect fundamental rights, including access to asylum procedures and human dignity, and

shall pay particular attention to vulnerable persons. Any measures taken in the performance of their

tasks and in the exercise of their powers shall be proportionate to the objectives pursued by such

measures. While performing their tasks and exercising their powers, they shall not discriminate

against persons on the basis of any grounds such as sex, race, colour, ethnic or social origin, genetic

features, language, religion or belief, political or any other opinion, membership of a national

minority, property, birth, disability, age or sexual orientation in line with Article 21 of the Charter.

EU/MD/en 18

Measures interfering with fundamental rights and freedoms may only be taken by team members in

the performance of their tasks and/or in the exercise of their powers when necessary and

proportionate to the objectives pursued by such measures and must respect the essence of these

fundamental rights and freedoms in accordance with applicable international, Union and national

law.

This provision shall apply _mutatis mutandis_ to all Border Police staff participating in an operational

activity.

3. The Agency's fundamental rights officer shall monitor each operational activity's compliance

with applicable fundamental rights standards. The fundamental rights officer, or his or her deputy,

may carry out on-the-spot visits to the third country; he or she shall also provide opinions on the

operational plans and inform the Agency's executive director about possible violations of

fundamental rights relating to an operational activity. The Republic of Moldova shall support the

fundamental rights officer's monitoring efforts, as requested.

4. The Parties agree to provide the consultative forum with timely and effective access to all

information concerning the respect for fundamental rights in relation to any operational activity

performed under this Agreement, including through on-the-spot visits to the operational area.

5. The Parties shall each have a complaints mechanism to process allegations of breaches of

fundamental rights committed by their staff in the exercise of their official functions in the course of

an operational activity performed under this Agreement.

EU/MD/en 19

ARTICLE 9

Fundamental Rights Monitors

1. The Agency's fundamental rights officer shall assign at least one fundamental rights monitor

to each operational activity to, _inter alia_, assist and advise the coordinating officer.

2. The fundamental rights monitor shall monitor compliance with fundamental rights and

provide advice and assistance on fundamental rights in the preparation, conduct and evaluation of

the relevant operational activity. This shall include, in particular:

(a) following the preparation of operational plans and reporting to the fundamental rights officer

to enable him or her to fulfil his or her tasks as provided for in Regulation (EU) 2019/1896;

(b) conducting visits, including long-term visits, where operational activities take place;

(c) cooperating and liaising with the coordinating officer and providing advice and assistance to

him or her;

(d) informing the coordinating officer of, and reporting to the fundamental rights officer on, any

concerns regarding possible violations of fundamental rights relating to the operational

activity; and,

(e) Contributing to the evaluation of the operational activity as referred to in Article 4(3)(i).

EU/MD/en 20

3. Fundamental rights monitors shall have access to all areas in which the operational activity

takes place and to all documents relevant for the implementation of that activity.

4. While present in the operational area, fundamental rights monitors shall wear insignia that

clearly allow for their identification as fundamental rights monitors.

ARTICLE 10

Team Members

1. Team members shall have the authority to perform the tasks described in the operational plan.

2. While performing their tasks and exercising their powers, team members shall comply with

the laws and regulations of the Republic of Moldova as well as applicable Union and international

law.

3. Team members may only perform tasks and exercise powers in the territory of the Republic of

Moldova under instructions from and in the presence of border management authorities of the

Republic of Moldova. The Republic of Moldova may authorise team members to perform specific

tasks and/or exercise specific powers on its territory in the absence of its border management

authorities subject to the consent of the Agency or the home Member State, as appropriate.

EU/MD/en 21

4. Team members who are statutory staff of the Agency shall wear the uniform of the European

Border and Coast Guard standing corps while performing their tasks and exercising their powers

unless specified otherwise in the operational plan.

Team members who are not statutory staff of the Agency shall wear their national uniform while

performing their tasks and exercising their powers unless specified otherwise in the operational

plan.

While on duty, all team members shall also wear visible personal identification and a blue brassard

with the insignias of the European Union and of the Agency on their uniforms.

5. The Republic of Moldova shall authorise relevant team members to perform tasks during an

operational activity that require the use of force, including the carrying and use of service weapons,

ammunition and other equipment, in accordance with the relevant provisions of the operational

plan.

–
Team members who are statutory staff of the Agency may carry equipment, service weapons,

ammunition and other coercive means subject to the consent of the Agency.

–
Team members who are not statutory staff of the Agency may carry equipment, service

weapons, ammunition and other coercive means subject to the consent of the relevant home

Member State.

EU/MD/en 22

6. The use of force, including the carrying and use of service weapons, ammunition and other

equipment, shall be exercised in accordance with the national law of the Republic of Moldova and

in the presence of border management authorities of the Republic of Moldova. The Republic of

Moldova may authorise team members to use force in the absence of border management

authorities of the Republic of Moldova.

–
For team members who are statutory staff of the Agency, such authorisation to use of force in

the absence of border management authorities of the Republic of Moldova shall be subject to

the consent of the Agency.

–
For team members who are not statutory staff of the Agency, such authorisation to use of

force in the absence of border management authorities of the Republic of Moldova shall be

subject to the consent of the relevant home Member State.

Any use of force by team members must be necessary and proportionate and comply fully with

applicable Union, international and national law, including, in particular, the requirements laid

down in Annex V to Regulation (EU) 2019/1896.

EU/MD/en 23

7. The Agency shall, in advance of the deployment of the team members, inform the Republic of

Moldova of the service weapons, ammunition and other equipment team members may carry under

paragraph 5 of this article. The Republic of Moldova may prohibit the carrying of certain service

weapons, ammunition and other equipment, provided that its own law applies the same prohibition

to its own border management authorities. The Republic of Moldova shall, in advance of the

deployment of the team members, inform the Agency of the permissible service weapons,

ammunition and equipment and of the conditions for their use. The Agency shall make this

information available to Member States.

The Republic of Moldova shall make the necessary arrangements for the issuance of any necessary

weapon permits and permissive documents for the import, export, transport and storage of weapons,

ammunition and other equipment at the disposal of the team members as requested by the Agency.

8. Service weapons, ammunition and equipment may be used in legitimate self-defence and in

legitimate defence of team members or of other persons in accordance with the national law of the

Republic of Moldova in line with relevant principles of international and Union law.

9. The Republic of Moldova may authorise team members to consult its national databases if

necessary for fulfilling operational aims specified in the operational plan. The Republic of Moldova

shall ensure that it provides such database access in an efficient and effective manner.

The Republic of Moldova shall, in advance of the deployment of the team members, inform the

Agency of the national databases which may be consulted.

EU/MD/en 24

Team members shall only consult data which is necessary for performing their tasks and exercising

their powers. That consultation shall be carried out in accordance with the national data protection

law of the Republic of Moldova and this Agreement.

10. For the implementation of operational activities, the Republic of Moldova shall deploy Border

Police officers who are able and willing to communicate in English to carry out a coordinating role

on behalf of the Republic of Moldova.

ARTICLE 11

Privileges and Immunities of the Property, Funds, Assets

and Operations of the Agency

1. Any premises and buildings of the Agency in the Republic of Moldova shall be inviolable.

They shall be exempt from search, requisition, confiscation or expropriation.

2. The Agency's property and assets, including means of transport, communications, archives,

any correspondence, documents, identity papers and financial assets shall be inviolable.

3. The Agency's assets include assets owned, co-owned, chartered or leased by a Member State

and offered to the Agency. Upon the embarkation of representative(s) of competent national

authorities, these shall be treated as assets being on government service and authorised to that

effect.

EU/MD/en 25

4. No measures of execution may be taken in respect of the Agency. The Agency's property and

assets shall not be the subject of any administrative or legal measure of constraint. Property of the

Agency shall be free from seizure for the satisfaction of a judgment, decision or order.

5. The Republic of Moldova shall permit the entry and removal of articles and equipment

deployed by the Agency to the Republic of Moldova for operational purposes.

6. The Agency shall be exempt from all customs duties, prohibitions and restrictions on imports

and exports in respect of articles intended for its official use.

ARTICLE 12

Privileges and Immunities of the Team Members

1. Team members shall not be subject to any form of arrest or detention in the Republic of

Moldova or by authorities of the Republic of Moldova.

2. Team members shall not be subject to any form of inquiry or legal proceedings in the

Republic of Moldova or by authorities of the Republic of Moldova, except under the circumstances

as referred to in paragraphs 3 and 4 of this Article.

3. Team members shall enjoy immunity from the criminal jurisdiction of the Republic of

Moldova under all circumstances.

EU/MD/en 26

The immunity from the criminal jurisdiction of the Republic of Moldova of team members who are

members of the Agency's statutory staff may be waived by the Agency's executive director.

The immunity from the criminal jurisdiction of the Republic of Moldova of team members who are

not members of the Agency's statutory staff may be waived by the competent authorities of the

member's home Member State.

Such a waiver of immunity must be express and in writing.

4. Team members shall enjoy immunity from the civil and administrative jurisdiction of the

Republic of Moldova in respect of all acts performed by them in the exercise of their official

functions.

If civil or administrative proceedings are instituted against a team member before any court of the

Republic of Moldova, the competent authorities of the Republic of Moldova shall immediately

notify the Agency's executive director thereof.

Prior to the initiation of such proceeding before a court, the Agency's executive director shall certify

to the court whether the act in question was performed by team members in the exercise of their

official functions. If the act was performed in the exercise of official functions, the proceeding shall

not be initiated. If the act was not performed in the exercise of official functions, the proceeding

may continue. The certification by the Agency's executive director shall be binding upon the

jurisdiction of the Republic of Moldova, which may not contest it.

EU/MD/en 27

The initiation of proceedings by team members shall preclude them from invoking immunity from

jurisdiction in respect of any counter-claim directly connected with the principal claim.

5. The premises, dwellings, means of transport and communications, and possessions, including

any correspondence, documents, identity papers and assets of team members shall be inviolable,

except in case of measures of execution as permitted pursuant to paragraph 9 of this article.

6. The Republic of Moldova shall be liable for any damage caused by team members to third

parties in the exercise of their official functions.

7. In case of damage caused by gross negligence or wilful misconduct or not in the exercise of

official functions by a team member who is a member of the statutory staff of the Agency, the

Republic of Moldova may request, via the Agency's executive director, that compensation be paid

by the Agency.

In case of damage caused by gross negligence or wilful misconduct or not in the exercise of official

functions by a team member who is not a member of the statutory staff of the Agency, the Republic

of Moldova may request, via the Agency's executive director, that compensation be paid by the

home Member State concerned.

8. Team members shall not be obliged to give evidence as witnesses in legal proceedings in the

Republic of Moldova.

EU/MD/en 28

9. No measures of execution may be taken in respect of team members, except in the case where

a civil proceeding not related to their official functions is instituted against them. Property of team

members, which is certified by the Agency's executive director to be necessary for the fulfilment of

their official functions, shall be free from seizure for the satisfaction of a judgment, decision or

order. In civil proceedings, team members shall not be subject to any restrictions on their personal

liberty or to any other measures of constraint.

10. Team members shall, with respect to services rendered for the Agency, be exempt from social

security provisions which may be in force in the Republic of Moldova.

11. The salary and emoluments paid to team members by the Agency and/or the home Member

States, as well as any income team members receive from outside the Republic of Moldova, shall

not be taxed in any form in the Republic of Moldova.

12. The Republic of Moldova shall permit the entry of articles for the personal use of team

members and shall grant exemption from all customs duties, taxes, and related charges other than

charges for storage, transport and similar services, in respect of such articles. The Republic of

Moldova shall also allow the export of such articles.

13. Team members' personal baggage shall be exempt from inspection, unless there are serious

grounds for considering that it contains articles that are not for the personal use of team members,

or articles whose import or export is prohibited by the law or subject to quarantine regulations of

the Republic of Moldova. Inspection of such personal baggage shall be conducted only in the

presence of team members concerned or an authorised representative of the Agency.

EU/MD/en 29

14. The Agency and the Republic of Moldova shall appoint contact points that are available at all

times who shall be responsible for the exchange of information and immediate actions to be taken in

case an act performed by a team member may be in violation of criminal law as well as for the

exchange of information and the operational activities in relation to any civil and administrative

proceedings against a team member.

Until action is taken by the competent authorities of the home Member State, the Agency and the

Republic of Moldova shall assist each other in carrying out all necessary inquiries and

investigations into any alleged criminal offence in respect of which either or both the Agency or the

Republic of Moldova have an interest, in the identification of witnesses and in the collection and

production of evidence, including the request to obtain of and, if appropriate, the handing over of

items connected with a purported criminal offence. The handing over of any such items may be

made subject to their return within the terms specified by the competent authority delivering them.

ARTICLE 13

Injured or Deceased Team Members

1. Without prejudice to Article 12, the executive director shall have the right to take charge of,

and make suitable arrangements for, the repatriation of any injured or deceased team members, as

well as of their personal property.

EU/MD/en 30

2. An autopsy shall be performed on a deceased team member only with the express consent of

the home Member State concerned and in the presence of a representative of the Agency and/or the

home Member State concerned.

3. The Republic of Moldova and the Agency shall cooperate to the fullest extent possible with a

view to the early repatriation of injured or deceased team members.

ARTICLE 14

Accreditation Document

1. The Agency shall issue a document in Romanian and in English to each team member for the

purposes of identification vis-à-vis the national authorities of the Republic of Moldova and as proof

of the holder's rights to perform the tasks and exercise the powers referred to in Article 10 of this

Agreement and in the operational plan (the "accreditation document").

2. The accreditation document shall include the following information on the staff member:

name and nationality; rank or job title; a recent digitised photograph and tasks authorised to be

performed during the deployment.

3. For the purposes of identification vis-à-vis the national authorities of the Republic of

Moldova, team members shall be obliged to carry the accreditation document on their person at all

times.

EU/MD/en 31

4. The Republic of Moldova shall recognise the accreditation document, in combination with a

valid travel document, as granting the relevant team member entry and stay in the Republic of

Moldova without the need for a visa, prior authorisation or any other document, up to the day of its

expiration.

5. The accreditation document shall be returned to the Agency at the end of the deployment. The

competent authorities of the Republic of Moldova shall be informed thereof.

ARTICLE 15

Application to Agency Staff Not Deployed as Team Members

Articles 12, 13 and 14 shall apply _mutatis mutandis_ to all Agency staff deployed to the Republic of

Moldova who are not team members, including fundamental rights monitors and the Agency's

statutory staff deployed to antenna offices.

EU/MD/en 32

ARTICLE 16

Protection of Personal Data

1. The communication of personal data shall only take place if such communication is necessary

for the implementation of this agreement by the competent authorities of the Republic of Moldova

or the Agency. The processing of personal data by an authority in a particular case, including the

transfer of such personal data to the other Party, shall be subject to the data protection rules

applicable to that authority. The Party shall ensure the following minimum safeguards as a

precondition for any data transfer:

(a) personal data must be processed lawfully, fairly, and in a transparent manner in relation to the

data subject;

(b) personal data must be collected for the specified, explicit and legitimate purpose of

implementing this Agreement and not further processed by the communicating authority nor

receiving authority in a way incompatible with that purpose;

(c) personal data must be adequate, relevant and limited to what is necessary in relation to the

purpose for which they are collected and/or further processed; in particular, personal data

communicated in accordance with the law applicable to the communicating authority may

concern only the:

–
First name;

EU/MD/en 33

–
Last name;

–
Date of birth;

–
Nationality;

–
Rank;

–
Travel document bio page;

–
Accreditation document;

–
ID/passport/accreditation document picture;

–
E-mail address;

–
Mobile phone number;

–
Weapon details;

–
Duration of the deployment;

–
Location of the deployment;

–
Aircraft or vessel identification numbers;

–
Arrival date;

EU/MD/en 34

–
Arrival airport/border crossing point;

–
Arrival flight number;

–
Departure date;

–
Departure airport/border crossing point;

–
Departure flight number;

–
Home Member State/third country;

–
Deploying authority;

–
Tasks/operational profile;

–
Means of transportation, and/or;

– Route

of team members, Agency staff, relevant observers, or members of staff exchange

programmes;

(d) personal data must be accurate and, where necessary, kept up to date;

EU/MD/en 35

(e) personal data must be kept in a form which permits identification of data subjects for no

longer than is necessary for the purpose for which the data were collected or for which they

are further processed;

(f) personal data must be processed in a manner that ensures appropriate security of the personal

data, taking into account the specific risks of processing, including protection against

unauthorised or unlawful processing and against accidental loss, destruction or damage, using

appropriate technical or organisational measures ("data breach"); the receiving Party shall

take appropriate measures to address any data breach, and shall notify the communicating

Party of such breach without undue delay and within 72 hours;

(g) both the communicating authority and the receiving authority shall take every reasonable step

to ensure without delay the rectification or erasure, as appropriate, of personal data where the

processing does not comply with the provisions of this article, in particular because those data

are not adequate, relevant, accurate, or they are excessive in relation to the purpose of

processing. This includes the notification of any rectification or erasure to the other Party;

(h) upon request, the receiving authority shall inform the communicating authority of the use of

the communicated data;

(i) personal data may only be communicated to the following competent authorities:

–
the Agency,

–
the Border Police,

EU/MD/en 36

–
the Ministry of Internal Affairs of the Republic of Moldova,

–
the Ministry of Foreign Affairs and European Integration of the Republic of Moldova.

Further communication to other bodies requires the prior authorisation of the communicating

authority;

(j) the communicating and the receiving authorities are under an obligation to make a written

record of the communication and receipt of personal data;

(k) independent oversight shall be in place to oversee data protection compliance, including to

inspect such records; data subjects shall have the right to bring complaints to the oversight

body, and to receive a response without undue delay;

(l) data subjects shall have the right to receive information on the processing of their personal

data, access such data and rectification or erasure of inaccurate or unlawfully processed data,

subject to necessary and proportionate limitations on important grounds of public interest;

and,

(m) data subjects shall have the right to effective administrative and judicial redress for violation

of the aforementioned safeguards.

EU/MD/en 37

2. Each Party will conduct periodic reviews of its own policies and procedures that implement

this provision. Upon request by the other Party, the Party that received the request will review its

personal data processing policies and procedures to ascertain and confirm that the safeguards in this

provision are implemented effectively. The results of the review will be communicated to the Party

that requested the review within a reasonable time.

3. The data protection safeguards under this Agreement will be subject to oversight by the

European Data Protection Supervisor and the National Centre for Personal Data Protection of the

Republic of Moldova.

4. The Parties will cooperate with the European Data Protection Supervisor, as supervisory

authority of the Agency.

5. The Parties shall draw up a common report on the application of this article at the end of each

operational activity. This report shall be sent to the Agency's fundamental rights officer and data

protection officer as well as to the National Centre for Personal Data Protection of the Republic of

Moldova.

EU/MD/en 38

ARTICLE 17

Exchange of Classified and Sensitive Non-Classified Information

1. Any exchange, sharing or dissemination of classified information in the framework of this

agreement shall be covered by a separate administrative arrangement concluded between the

Agency and the relevant authorities of the Republic of Moldova that shall be subject to prior

approval of the European Commission.

2. Any exchange of sensitive non-classified information in the framework of this agreement:

(a) shall be handled by the Agency in accordance with Article 9(5) of Commission Decision

(EU, Euratom) 2015/443 **[1]** ;

(b) shall receive a level of protection by the receiving Party that is equivalent to the level of

protection offered by the measures applied to that information by the communicating Party in

terms of confidentiality, integrity and availability; and,

(c) shall be conducted via information exchange system that fulfils the criteria of availability,

confidentiality and integrity for sensitive non-classified information, such as the

communication network referred to in Article 14 of the Regulation.

**1** Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the
Commission (OJ EU L 72, 17.3.2015, p. 41).

EU/MD/en 39

3. The Parties will comply with intellectual property rights related to any data processed in the

framework of this agreement.

ARTICLE 18

Decision to Suspend, Terminate and/or Withdraw Financing

for an Operational Activity

1. If the conditions to conduct an operational activity are no longer fulfilled, the Agency's

executive director shall terminate that operational activity after informing the Republic of Moldova

in writing.

2. If the provisions of this Agreement or of the operational plan have not been respected by the

Republic of Moldova, the Agency's executive director may withdraw financing of the relevant

operational activity, and/or suspend or terminate it, after informing the Republic of Moldova in

writing.

3. If the security of any participant of an operational activity deployed in the Republic of

Moldova cannot be guaranteed, the Agency's executive director may suspend or terminate the

relevant operational activity or aspects thereof.

EU/MD/en 40

4. If the Agency's executive director considers that violations of fundamental rights or

international protection obligations that are of a serious nature or are likely to persist have taken

place or are likely to take place in relation to an operational activity performed under this

Agreement, he or she shall withdraw the financing of the relevant operational activity, and/or

suspend or terminate it, after informing the Republic of Moldova.

5. The Republic of Moldova may request the Agency's executive director to suspend or

terminate an operational activity if the provisions of this Agreement or of the operational plan are

not respected by a team member. Such request shall be made in writing and shall include the

reasons therefor.

6. A suspension, termination or withdrawal of financing under this article shall take effect from

the date of notification to the Republic of Moldova. It shall not affect any rights or obligations

arising out of the application of this Agreement or the operational plan before such suspension,

termination or withdrawal of financing.

EU/MD/en 41

ARTICLE 19

Combating Fraud

1. The Republic of Moldova shall notify the Agency, the European Public Prosecutor's Office

and/or the European Anti-Fraud Office forthwith if it becomes aware of the existence of credible

allegations of fraud, corruption or any other illegal activities that may affect the interests of the

European Union.

2. Where such allegations relate to European Union funds disbursed in relation to this

Agreement, the Republic of Moldova shall provide all necessary assistance to the European

Anti-Fraud Office and/or the European Public Prosecutor's Office in relation to investigative

activities on its territory, including facilitating interviews, on-the-spot checks and inspections

(including access to information systems and databases in the Republic of Moldova); and

facilitating access to any relevant information concerning the technical and financial management

of matters financed partly or wholly by the European Union.

ARTICLE 20

Implementation of this Agreement

1. For the Republic of Moldova, this Agreement shall be implemented by the Border Police.

EU/MD/en 42

2. For the European Union, this Agreement shall be implemented by the Agency.

ARTICLE 21

Dispute Settlement

1. Any disputes arising in connection with the application of this Agreement shall be examined

jointly by representatives of the Agency and the Republic of Moldova's competent authorities.

2. Failing any prior settlement, disputes concerning the interpretation or application of this

Agreement shall be settled exclusively by negotiation between the Parties.

ARTICLE 22

Entry into Force, Provisional Application, Amendment,

Duration, Suspension and Termination of the Agreement

1. This Agreement shall be subject to ratification, acceptance or approval by the Parties in

accordance with their own internal legal procedures. The Parties shall notify one another of the

completion of the procedures necessary for that purpose.

EU/MD/en 43

2. This Agreement shall enter into force on the first day of the second month following the date

on which the Parties have notified each other of the completion of the internal legal procedures in

accordance with paragraph 1 of this article.

Pending the completion of the procedures necessary for its entry into force, this Agreement shall be

applied on a provisional basis as from the date of its signature.

3. This Agreement may be amended only in writing by mutual consent of the Parties.

4. This Agreement is concluded for an indefinite period. The Agreement may be terminated or

suspended by written agreement between the Parties or unilaterally by either Party.

In case of a unilateral termination or suspension, the Party wishing to terminate or suspend shall

notify the other Party thereof in writing. A unilateral termination or suspension of this Agreement

shall take effect the first day of the second month following the month during which the notification

was given.

5. Notifications made in accordance with this article shall be sent, in the case of the European

Union, to the Secretary-General of the Council of the European Union and, in the case of the

Republic of Moldova, to the Ministry of Foreign Affairs and European Integration.

EU/MD/en 44

Done in Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German,

Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian,

Slovak, Slovenian, Spanish and Swedish, each of these texts being equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have

signed this Agreement.

Done at Brussels, this …… day of March in the year ……

For the European Union

For the Republic of Moldova

EU/MD/en 45