Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2022/0086(NLE)**

**PROPOSAL**

**Brussels, 15 March 2022**
**(OR. en)**

**7198/22**
**ADD 2**

**FRONT 117**
**COEST 225**

From: Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

date of receipt: 15 March 2022

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council
of the European Union

No. Cion doc.: COM(2022) 125 final ANNEX 2

Subject: ANNEX to the Proposal for a COUNCIL DECISION on the signing, on
behalf of the Union, and provisional application of the Agreement
between the European Union, of the one part, and the Republic of
Moldova, of the other part, on operational activities carried out by the
European Border and Coast Guard Agency in the Republic of Moldova

Delegations will find attached document COM(2022) 125 final ANNEX 2.

Encl.: COM(2022) 125 final ANNEX 2

7198/22 ADD 2 BS/ml

## JAI.1 EN

EUROPEAN

COMMISSION

**ANNEX**

_**to the**_

Brussels, 15.3.2022
COM(2022) 125 final

ANNEX 2

**Proposal for a**

**COUNCIL DECISION**

**on the signing, on behalf of the Union, and provisional application of the Agreement**
**between the European Union, of the one part, and the Republic of Moldova, of the other**

**part, on operational activities carried out by the European Border and Coast Guard**

**Agency in the Republic of Moldova**

# **EN 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**

T HE E UROPEAN U NION,

and

THE R EPUBLIC OF M OLDOVA,

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

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 its additional Protocol;

BEARING IN MIND that respect for human rights and democratic principles are fundamental
principles governing the cooperation between the Parties;

# EN 1 EN

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 of 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,

# EN 2 EN

HAVE DECIDED TO CONCLUDE THE FOLLOWING AGREEMENT:

_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:

‘operational activity’ means a joint operation or a rapid border intervention;

‘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;

‘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;

‘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;

‘consultative forum’ means the advisory body established by the Agency pursuant to
Article 108 of Regulation (EU) 2019/1896;

‘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;

- ‘Border Police’ means the Border Police of the Ministry of Internal Affairs of the
Republic of Moldova;

- ‘EUROSUR’ means the framework for information exchange and cooperation between
the Member States and the European Border and Coast Guard Agency;

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 L 295, 14.11.2019, p.
1).
# EN 3 EN

‘fundamental rights monitor’ means fundamental rights monitor as provided for in
Article 110 of Regulation (EU) 2019/1896;

‘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;

- ‘incident’ means a situation relating to illegal immigration, cross-border crime, or a risk
to the lives of migrants at, along or in the proximity of, the external borders of the
European Union or the Republic of Moldova;

‘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 these borders;

‘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;

‘Member State’ means a Member State of the European Union;

‘operational area’ means the geographical area wherein an operational activity is to take
place;

‘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;

‘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;

‘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;

‘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 [2] ;

2 OJ L 56, 4.3.1968, p. 1.
# EN 4 EN

_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.

_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;

(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
# EN 5 EN

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/ 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;

(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;

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

environment of the areas in which the operational activity is to take place.

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

6.

# EN 6 EN

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.

_Article 5_

**Incident Reporting**
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.

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.

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.

# EN 7 EN

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;

(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.

(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.

_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 its statutory staff to be deployed as a
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:

# EN 8 EN

(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;

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

participating Member States.

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 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.

_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 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. [3]

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

3 The list of instruments includes the most relevant UN Conventions and the ECHR to which all Member States of the

European Union are party and should be adjusted depending on their applicability in the third country.
# EN 9 EN

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.

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.

_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;

# EN 10 EN

(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).

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.

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.

# EN 11 EN

  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.

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.

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.

# EN 12 EN

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.

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.ll

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.

# EN 13 EN

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.

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.

# EN 14 EN

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.

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.

# EN 15 EN

_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.

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.

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.

_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

# EN 16 EN

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;

–
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;

–
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;

(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;

# EN 17 EN

(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,

–
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;

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

violation of the aforementioned safeguards.

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.

# EN 18 EN

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.

_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 [ 4] ;

(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;

(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.

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.

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

41).
# EN 19 EN

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.

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.

_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.

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.

# EN 20 EN

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.

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

# EN 21 EN

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

# EN 22 EN