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

Background
EU-Moldova Visa Dialogue was launched on 15 June 2010 and the EU-Moldova Action on Visa Liberalisation was presented on 24 January 2011.


A National Annotated Agenda for the implementation of the Visa Action Plan has been approved by the Government of the Republic of Moldova on 16 February 2011. As well, a legislative Program for the implementation of the EU - Moldova Visa Liberalisation Action Plan was developed by the Parliament to address the legislative dimension of the Visa Liberalisation Action Plan.


A National Working Group on coordination of the visa liberalization process (MD Visa Task Force) has been set up and meets regularly.

Overview of the second progress report

The Second Progress Report reflects actions undertaken by the Moldovan authorities since the reception of the Visa Liberalisation Action Plan (last 11 months) and follows the structure of the Action Plan.


The adjustment of the legal framework until the end of 2011 in the area of justice and home affairs has been one of the top priorities of the Moldovan authorities on its European integration agenda of reforms.

The Republic of Moldova is committed to fully finalize the implementation of the Ist phase before the official decision to pass to the evaluation of the second phase of the Action Plan is discussed at the end of 2011 and beginning of 2012.

Updated information on the pending adoption legislation will be submitted to the Council before the end of January 2012.

Summary

Block 1: Document security, including biometrics – Fully implemented

Taken into consideration that the Republic of Moldova is issuing exclusively biometric passports since 1 January 2011 (in consular and diplomatic missions abroad starting from 1 January 2012) all the legislative framework is in place, the Calendar Plan for receiving, installing and testing of the equipment for the complete roll-out of biometric passports and the Action Plan for implementation of the biometric passports at Moldovan consulates abroad are implemented. Continuous training on Ethical Code for employees responsible for the administration of the process of documentation of population is organised.

Block 2: Irregular immigration, including readmission – Advanced stage of implementation

Border management

Most of the legislative framework is in place. The National Strategyon Integrated Border Management of the State Border for years 2011 – 2013 and its Action Plan, a new the Law on state border, as well Deontological Code of the border guards have been approved. Advanced stage in approval of the Border Police Law (demilitarization and professionalization of the Border Guards Service). The law is planned to be adopted by the end of 2011. Working agreement with FRONTEX was signed and a Cooperation Action Plan with FRONTEX for 2009-2011 is implemented. A new Cooperation Action Plan with FRONTEX for 2012-2014 was developed.

Migration Management

Most of the legislative framework is in place. The National Strategy in the field of migration and asylum and its implementation Action Plan was adopted. Good progress has been achieved in adopting migration related legislation. Law on integration of foreigners was drafted and planned to be adopted by the end of 2011. High Level Meeting on 24November praised the good implementation of the EU-Moldova Mobility Partnership. Moldova shared experience with other EaP partners (Armenia and Georgia) and is ready to transfer good practices with Tunisia and Morocco. Extended Migration Profile is developed.

The Bureau for Migration and Asylum within the Ministry of Interior, the Centre for the Temporary Accommodation of Foreigners and the Accommodation Center for Asylum seekers are fully operational.

All necessary legislation in the area of asylum is in place.

Smooth implementation of the EU-Moldova Readmission Agreements was ensured. 14 Implementation Protocols have been concluded (Austria, Belgium, Denmark, Estonia, Hungary, Germany, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Romania and Slovakia, as well with Switzerland).

Block 3: Public order and security - Advanced stage of implementation

Ongoing reform of law enforcement institutions and authorities in the area of public order and security, including the police

The Concept of reform of Ministry of Interior, its subordinated and decentralized institutions was developed and its Action Plan is being implemented. A comprehensive Strategy on the Justice Sector Reform was adopted and started to be implemented.

Preventing and fighting organized crime, terrorism and corruption

Most of the legislative framework is in place. The National Strategy for prevention and fighting organised crime and its implementation Action Plan were adopted. The Law for prevention and fighting organised crime was approved by the Government and planned to be adopted by Parliament by the end of 2011).

A Centre for Fighting Trafficking in Human Beings was established in 2006 and is fully operational. The National Plan and Additional Plan for Preventing and Combating Trafficking in Human Beings for the years 2010-2011 were adopted and are implemented. The new Action Plan is drafted. A National Referral System is in place.

The Anti-Corruption Centre is operational and launched its reform process. A National Strategy for the Prevention and Fight against Corruption, the Law on Main Ethics Committee and a series of law on further harmonizing the exiting framework were approved in line with GRECO recommendations. The CCECC reform strategy was drafted and sent for inter and intra agency consultations and is expected to be approved by the Government by the end of 2011.

The legal framework for preventing and fighting money laundering and the financing of terrorism is in place. The National Strategy for preventing and combating money laundering and financing of terrorism for the years 2010-2012 and the Action Plan for its implementation were adopted.

National Anti-drug Committee was created. The National Anti-drug Strategy for 2011 - 2018 and the Action Plan on its implementation for 2011 – 2013 were adopted. Official negotiations on Memorandum of Understanding with EMCDDA are pending the Decision of the EMCDDA Board Members.

The National Centre for Data Protection is fully operational. The Law on the personal data protection (in a new version) and the Concept of the Automated Information System Register of personal data controllers were adopted and the Protocol to the Convention for the protection of individuals with regard to automatic processing of personal data, regarding supervisory authorities and trans-border data flows was ratified.

Judicial Cooperation

The main legislative framework in the area of mutual legal assistance is in place. In order to ratify the 2nd Protocol to the European Convention on mutual assistance a set of legislation was approved by the Government and pending adoption by the Parliament by the end of 2011, namely: (1) Law on special investigating activity; (2) Law on the amendment of the Criminal Procedural Code in order to adjust it to the new provisions on combating cross-border crime and international joint investigation teams. At the same time, a revised national legislation on interception of telephone conversations and relevant legislation in the framework of Police Cooperation Convention for South East Europe was approved by the Government and are planned to be adopted in the Parliament by the end of 2011.

Law enforcement cooperation

A permanent liaison officer to EUROPOL is delegated by the Republic of Moldova. A decision to start negotiations on the Operational Agreement with Europol is currently pending. The informal consultations with EUROJUST in order to sign the cooperation agreement continued.

Block 4: External relations and fundamental rights - Advanced stage of implementation

The main legal framework is in place. The National Human Rights Action Plan and the Action Plan on Roma Support for 2011 – 2015 were adopted. The implementation of the documents will be reflected in the 2012 state budget. The Law on prevention and fight against discrimination was revised additionally in close consultations with civil society representatives and EU expertise and is scheduled to be adopted by the Government by the end of 2011 and planed to be adopted in the final reading by the Parliament at the beginning of 2012. Moldovan Government in close cooperation with civil society is organizing information campaigns in order to inform the Moldovan society about the content of the new legislation.

Block 1: Document security, including biometrics

1st phase (legislative and policy framework):

1. Consolidation of the legal framework for the issuing of machine readable biometric passports in full compliance with highest ICAO standards on the basis of secure identity management (civil registry and breeder documents) and taking into account adequate protection of personal data / Status of Progress:
- Fully implemented;

1.1. Amendment of the legal framework for the universal issuance of electronic passports with biometric data in compliance with personal data protection legislation

The Law on the amendment of the Law no. 273-XIII from 9 November 1994 on identity documents of the National Passport System was adopted by the Parliament on 9 June 2011, published in the Official Gazette of the Republic of Moldova, on 8 July 2011, no. 110-112, art. 303 (See attached Annex 1).

Description: The amendments include for the first time provisions on the implementation of temporary passports for entry/exit from/to the country for some categories of persons with disabilities (it was not reflected in national legislation before), as well the adjustment of the travel documents for stateless persons to the requirements of the Convention on the status of stateless persons from 28 of September 1954 from New York and ensuring stateless persons with identity documents with biometric data. The amendments are following the requirements of:

·  The Council of the European Union Regulation (CE) No. 2252/2004 of the on standards for security features and biometrics in passports and travel documents issued by member states is aimed at establishing certain categories of people, who are exonerated from mandatory incorporation of digital fingerprints in the passports (travel documents) like physically disabled persons for whom the process of fingerprints take is impossible. The law foresees that for persons who are temporarily incapable to be taken fingerprints, passports (travel documents) shall be issued for a period of validity of 12 months.

·  The Convention relating to the Status of Stateless Persons, adopted on 28 September 1954 in New York, with regard to the name of the identity document issued to the stateless persons, permanently residing in the Republic of Moldova for purposes of travelling abroad: „Stateless Person's Travel Document” (Convention dated 28 September 1954)” – current name being „Stateless Person's Passport”.

The Law on the amendment of some legislative acts (Law no. 273-XIII from 9 November 1994 on identity documents of the National Passport System) was adopted by the Government on 18 November 2011 (Government Decision no 872 from 22 November 2011 and submitted to the Parliament for approval.

Description: The main amendments to the law excludes the option of extending the term of validity of service and diplomatic passports (the previous version of this paragraph had a sentence which indicated the right of diplomatic and service passport holders to extend the term of validity of their passport) and excludes the option of including the picture and data of children in diplomatic and service passports, thus implementing the „one person – one document” principle (the previous version of paragraph (4) had an additional sentence indicating the possibility of including the picture and data of children in diplomatic and service passports).

The issuance of the temporary passports for certain categories of disabled persons

The issuance of the temporary passports for certain categories of disabled persons was launched.

Software adjustments have been operated to the following services:

-  Production and issuance of the passports with biometric data to the citizens of the Republic of Moldova, persons whose digital fingerprints cannot be collected temporarily due to their physical condition (PA).

-  Production and issuance of the passports with biometric data to the citizens of the Republic of Moldova, persons whose digital fingerprints cannot be collected permanently due to their physical condition (PA).

-  Production and issuance of the travel document with biometric data to stateless persons, whose digital fingerprints cannot be collected temporarily due to their physical condition (PC).

-  Production and issuance of the travel document with biometric data to stateless persons, whose digital fingerprints cannot be collected permanently due to their physical condition (PC).

On 26 August 2011 the qualification testing of the adjustments operated in the software was carried out and on 13 September 2011 according to the Instruction D-100 the operational testing was launched.

The issuance of diplomatic and service passports with additional biometric data

The Ministry of Foreign Affairs and European Integration has made necessary arrangements for the issuance of diplomatic and service passports with additional biometric data included, such as: blood type, fingerprints and digital photo. The Ministry of Information Technology and Communication suggested as a temporary option the utilization of the same passports booklets containing additional electronic sticker with needed biometric data attached to it. This procedure shall be made use of until new electronic booklets are purchased. Technical arrangements have been set and the following technical tasks have been agreed on for electronic diplomatic and service passports:

-  Task ST MD 35-37603221-105:2010 “passport booklet containing integrated circuit for diplomatic passport (e-PD)”.

-  Task ST MD 35-37603221-106:2010 “passport booklet containing integrated circuit for service passport (e-PS)”.

The common order of the Ministry of Foreign Affairs and European Integration and the Ministry of Information Technology and Communication on the Manual regarding the procedure of issuing diplomatic and service passports containing biometric data was drafted and was submitted for approval and signature.

1.2. Amendment of the legal framework and regulation on the extending the scope of state fingerprint registration

The Law on the amendment of the Law no. 1549-XV from 19 December 2002 on state fingerprint registration was adopted by the Parliament on 9 June 2011, published in the Official Gazette of the Republic of Moldova on 1 July 2011, no. 107-109, art. 288 (See attached Annex 2).

Description: The amendments are operated to ensure the processing of the collected fingerprint information for issuance of biometric passports in order to harmonise to the Article 2 of the Law No. 273-XIII from 9 November 1994 on identity documents of the National Passport System, which sets forth the mandatory incorporation of biometric data (digital picture and fingerprints) in passports and travel documents. The fingerprint information, collected under the above mentioned conditions shall subsequently be processed in compliance with the Law no.17-XVI from 15 February 2007 on personal data protection (Law no. 133 from 8 July 2011, published in the Official Gazette of the Republic of Moldova on 14 October 2011, no. 170-175, art. 492, that will enter in force on 14.04.2012.). The amendments are in line with the requirements of the Council of the European Union Regulation (CE) no. 2252/2004 on standards for security features and biometrics passports and travel documents.