Migration issues (legal and illegal migration, readmission, visa, asylum)
(44)
Assess the scale of illegal migration to, via and from Moldova and monitor migratory movements.
1Exchange information concerning, and assess the scale of, illegal migration in the EU and Moldova, including the establishment of an electronic database for the monitoring of migration flows to, via and from Moldova;
In process of completion The GD no. 40, adopted on 12.01.2007, on the creation of the informational integrated system in the area of migration (SIIAM) is being already implemented. The SIIAM has the objective to provide access to all the relevant institutions to the information on migration, in order to be able to follow the migration flows in, within and outside the country.
The concept and the action plan of the SIIAM were developed. At the present moment the development of the technical tasks of the new system is being done. SIIAM will be operational starting with the middle of the year 2008.
The creation of the SIIAM at the present moment is financed by the SIDA in cooperation with the International Organisation for Migration (IOM).
Until the end of September 2007 the informational resource of the Ministry of Interior (MoI), BGS (Border Guards Service) and MoID (Ministry of Informational Development) will be integrated.
At the European level the Republic of Moldova jointly with the IOM continued to appeal to the European Commission and to the EU member states to receive the necessary support in order to launch a regional project on the creation of the Pan European Mechanism of data exchange and information in the field of Migration, according to the recommendations of the experts of the Regional Round Table of the Pan European Dialog in the field of Migration Management of October 2006.
At the present moment the exchange of information in the field of migration is being done occasionally through the SECI/GUAM.
MoI, MoID,MoET, BGS, MoFAEI
Further alignment of domestic legislation with EU standards in order to criminalise illegal migration.
In process of completion Until the present moment the following actions were fulfilled:
Due to the criminal organisation of the illegal migration, in December 2005 amendments to the Penal Code were made, and a new article was added, no.362/1 “Organisation of the illegal migration”.
Also, the Code for Administrative contraventions was amended by complementing it with a new art.191/1 “Breach of the rules for residence of the foreign citizens or apatrid persons in the Republic of Moldova” and the art.192/2 “Breach of the rules for registering or re-registering the identity papers, of elaboration of papers on rights for stay or transit of the Republic of Moldova for foreign citizens or apatrids”.
In December 2005 the ILO Convention no.97, on the migration with the objective to employ, was ratified
In February 2006 the European Convention on the legal status of the migrant workers, was ratified.
In order to implement the provisions of the Convention, as well as taking into consideration the conclusions for the EU High Level Group Meeting in the field of Migration of 15 of June 2007, a new Law on migration of labour force and a new Law on the statute of foreign citizens are being developed.
MoI
MoET
(45)
Supporting the efficient management of migration flows, also by rendering consultative, financial and expert assistance to the government of Moldova and promotion of its activities, in particular to increase professional level of relevant staff through study of foreign experience and internship in relevant services of EU countries dealing with migration policy.
Adoption and implementation of Moldova's National Action Programme on Migration and Asylum Issues (migration issues).
Completed On 7th of September 2007 within the Commission for administration of the emigrational processes the preliminary report on the implementation of the National Programme in the field of Migration and Asylum was adopted.
At the end of September 2007 the preliminary Report on the implementation of the National Programme in the field of Migration and Asylum was sent to the experts of the Euopean Commission for consultation.
The deadline for the implementation of the NPMA is 31st of December 2007. The final report will be sent to the European Commission for consultations in January 2008.
At the EU/Moldova meeting in the field of migration of 18th of September 2007, there were discussed the objectives for continuing the reform in the field of managing the migration and asylum. The position of the Republic of Moldova is to negotiate a draft EU/Moldova plan of actions on the management of migration in the context of the future mobility partnership.
For the fulfilment of NPMA monthly representatives are participating at the session of the Commission for Social Assistance jointly with the NGOs for the examination of the cases for social assistance to the applicants for asylum, refugees and beneficiaries of the humanitarian protection.
In order to study the practice of other countries regarding the activity of the institutions competent in the field of migration, the representatives of the Ministry of Interior participated at a number of events: seminars, conferences, study visits. Namely: The Project “consolidation of the management of migration and asylum”, Project “Increase the capacities to develop the procedures for managing the migration and of the migration policies”, financed by SIDA and implemented by IOM, the Project “Consolidation of the management of migration in Republic of Moldova –MIGRAMOL”, the Project “The network of information from the origin countries of the applicants for asylum III” and others.
In order to understand the social danger of the illegal migration and the necessity to observe the Law in the field of migration, during the press conferences, and through the information placed of the web site of the Ministry of Interior www.mai.md are disseminated data for the civil society on the negative impact of the illegal migration.
On 8 of July 2007 1385 cases for breach of the staying rules were registered, as a result 250 citizens were expulsed, and other 315 got a reduction of the staying period.
On 26 of April representatives participated to the General assembly of the foreign citizens and apatrids from ULIM and USFM, meeting at which the new amendments of the existing legislation on the statute of the foreign students on the territory of Republic of Moldova were announced.
IOM jointly with the Ministry of Interior is implementing the project financed by the Europeam Commission “Creation of the Centre for temporary placement of foreigners”
Regarding the collaboration with international organisations it is to be mentioned that the Agreement for collaboration within the multilateral project “Europe and Human Rights” with the Association for Development, Voluntary and Information of Youth, as wel with the “Europe sans frontiere” was signed, that has the main objective to develop voluntary activities in the field of asylum. Study visits were organised to Denmark and Sweden within the Project “development of the capacities to elaborate procedures for management of the migration and of the migration policies in the Republic of Moldova”.
By the GD no.240 of 02.03.2007 the quantum of the financial aid for the refugees for the year of 2007 was set to 200 lei.
MoI
MoFAEI
(46)
Approximation of Moldovan legislation to the EU norms and standards, implementation of the 1951 UN Convention relating to the status of refugees and the 1967 Protocol relating to the status of refugees, including the right to seek asylum and respect for the principle of nonrefoulement. Approximation of the system of state authorities responsible for implementation and realisation of legislation on asylum and refugees to EU norms and standards..
Implementation of the obligations of the Geneva Convention and its Protocols, in
particular through the development of an asylum system.
In the process of completion In order to implement the UN Convention of 1951 on the statute of refugees and of the Protocol of 1967 of the statute of refugees, on 26th of May 2005, the Parliament adopted the Law for amending the Law on the statute of the refugees that entered into force on 8 of July 2005, having mainly the following amendments:
A new form of protection - humanitarian protection;
Amendment of the statute of the Council for refugees by transforming it into a consultative body;
Ensuring the access of the representatives of the United Nations High Commissioner for Refugees (UNHCR) to the penitentiary institutions, isolator for penal prosecution (custody), the transit areas from the airports or at the state border were the respective persons are detained or held.
The GD on the identity papers of the refugees was adopted. The GD on the additional measures for the fulfilment of the national System of Passports was amended and complemented. The GD no.333 of 18th of March 2002 on adopting the Concept of the informational automatic integrated system “State registry of the population” and the regulation on the State registry of the population was amended and complemented.
Identity Cards were issued for the recognised refugees. At the present moment the procedure for issuing of travel papers for the refugees is being finalised.
MoI
Develop a system for electronic information exchange between all relevant authorities (border guard, police, Migration Department).
In process of completion The GD no. 40, adopted on 12.01.2007, on the creation of the informational integrated system in the area of migration (SIIAM) is being already implemented. The SIIAM has the objective to provide access to all the relevant institutions to the information on migration, in order to be able to follow the migration flows in, within and outside the country. (see action 169).
MoI
MoID
BGS
CPAA
Advice on Eurodac Regulation and functioning of the Eurodac system.
In the process of completion As a result of the request, made in June 2006 by the Moldovan authorities, to organise consultations on the functioning of the EURODAC system, the European Commission ensured that will additionally inform the Republic of Moldova on the possibility of organising consultative meetings at the experts level.
MoI
(47)
Improve cooperation regarding the efficient management of migration flows and on readmission of own nationals, persons without nationality and third country nationals
Initiate a dialogue on readmission in the perspective of concluding a readmission agreement between Moldova and EU, taking into account the human dimension and the socio-economic aspects
Completed At the moment, the Republic of Moldova concluded readmission Agreements with the following states: Czech Republic, Switzerland, Hungary, Slovenia, Romania, Poland, Italy, Norway and Lithuania.
On 25th of April 2007 in Chisinau was initialled the agreement on readmission of the persons with illegal residence between the Republic of Moldova and the European Community.
The agreement is to be signed after the adoption by the Council of the EU of the respective decision, in order to enter into force on 1st of January 2008.
MoFAEI
MoI
Encourage Moldova to conclude readmission agreements with the main countries of
origin and transit
In the process of completion In order to facilitate the implementation of the Readmission Agreement with the European Community, the Republic of Moldova is aware of the importance of signing the readmission agreements with the main countries of origin and transit of the illegal migration.
According to the national Plan for visa regime facilitation with the EU, the Republic of Moldova developed the draft framework of the readmission agreement with the NIS countries and the Middle Est, that will be presented to these countries with proposals to sign it. Negotiation of the above mentioned agreements is planned for 2007-2008.
The Republic of Moldova needs the support of the EU in order to convince the respective states of the necessity to sign these readmission agreements.
The Ministry of Interior developed the standard intergovernmental agreement for readmission of the persons with illegal residence, for a number of 28 states ( Germany, Uzbekistan, Tajikistan, Georgia, Azerbaijan, Armenia, Kazakhstan, Belarus, Kirgizstan, Turkmenistan, Turkey, Syria, Bangladesh, India, Lebanon, Pakistan, Jordan, Afghanistan, Iran, Iraq, China, Great Britain and North Ireland, Denmark, Iceland, Bosnia and Herzegovina, Montenegro and Serbia)
This standard agreement was reviewed by the relevant institutions, and the Ministry of Foreign Affairs and European Integration sent the documents to the Government on 28th of September 2007.
MoI
MoFAEI
(48)
Pursue a dialogue concerning cooperation on visa policy
Exchange of views on Schengen procedures and initiate a dialogue on the possibilities
Completed The dialog in the field of visas between the Republic of Moldova and the EU started in December 2005 when the political decision was made on the initiation of the discussions with the European Commission and the Republic of Moldova on the visa problem.
The consultative reunion was on 7th of June 2006 in Brussels, during which the Moldovan experts presented the necessary arguments in order to negotiate the Agreement on the facilitation of the visa regime and of the readmission agreement.
The Republic of Moldova presented to the European Commission additional documents with supplementary argumentation. Hereby, as a result of the proposals and the report of the EC Commission, the Council of EU decided on 19th of December 2006 to launch the negotiations of the above mentioned agreements. The first round of negotiations took place on 9th of February 2007 in Brussels, and another round in Chisinau on 3rd of April 2007. The last round of negotiations took place on 16-17th of April 2007 when the initialling of the Agreements was decided. On 25th of April 2007 in Chisinau, the Agreements on the visa regime facilitation and readmission were initialled.
The Republic of Moldova signed the above mentioned agreements on the 10 of October 2007.
The Objective of the Republic of Moldova and of the EC Commission is that both agreements will enter into force on 1st of January 2008.
Common Visa Application Centre (CVAC) The creation of the CVAC represents a complementary initiative to the negotiations on signing the visa facilitation and readmission agreements between the Republic of Moldova and EU, launched by the Mr. Franco FRATTINI, Vice President of the European Commission, during the meeting with Mr. Vladimir VORONIN, President of the Republic of Moldova, in June 2006 in Brussels.
On 25th of April the CVAC was launched, a European project without precedent, where the Moldovan citizens can apply for issue of visas for Hungary, Austria, Denmark, Slovenia, Iceland and Leetonia.
In the near future Estonia and Belgium will adhere to CVAC.
Hungary at the present moment is negotiating signature of the agreements on the issue of visas with all the Schengen states that do not have a diplomatic representation in Chisinau.
We hope that by the end of this year other EU member states that do not have representations in Chisinau will decide to adhere to the Centre, in this way contributing to the consolidation of the presence in Chisinau of other consular representations.
MoFAEI
CPAA
Dialogue and exchange of views on visa co-operation (criteria and the procedure for the
issue of visas)
In the process of completion The dialog and exchange of opinions on this matter during the discussions, negotiations and consultations between the Republic of Moldova and the EU during the years 2006-2007.
As a result, the Republic of Moldova started the procedure of revision of the standards and procedures for visa issuing. Hereby, starting with 1st of January 2008, the Republic of Moldova does not issue visas at the state border. Also the number of states that enter into the risk group according with the Schengen Acquis was increased.
Starting with the 1st of January 2007, the Republic of Moldova abolished the visa regime for the EU member states, Switzerland, Norway, Iceland, USA and Japan.
MoFAEI, MoID
SIS
Dialogue on document security
In the process of completion In the context of the negotiations of the visa regime facilitation Agreement, the Republic of Moldova presented to the European Commission the information on the security level of the documents that correspond to the International Security Standards.
The Republic of Moldova from the technological point of view is ready to initiate the issuing of passports of the new type for the Moldovan citizens that will contain biometric data of the owner. At the same time, according to the recommendations of the International Civil Air Organisation (ICAO) the existence of a Centre for Certification of the public Keys of high level is foreseen, that will contain the Directory of the Public Keys (public key directory) where the public keys from the countries that are issuing biometric passports are stored.
At the present moment, MoID in cooperation with the Security and Information Service initiated the procedure for creation of such a Directory.
MoFAEI, MoID
SIS
Border management
(49)
Development of a system of efficient, comprehensive state border management on all sectors of the Moldovan border, including the Transdnestrian sector
Implement the Concept on Border Control adopted on 4 December 2003, in particular
the transformation of the Border Guards into a Law enforcement agency, and make necessary amendments to national legislation.
In the process of completion During the analysed period the legal framework in the field of the state border was revised, according with the recommendations, standards and best practices in the border area of the EU, the Border Guard Service developed the draft Law on the Border Guard Service, which was already promulgated by the President of the Republic of Moldova. Also, the development of the draft Law on amending and complementing the Law on the Republic of Moldova state border was initiated. In the same context, it was initiated the elaboration according to the EU requirements of the draft Concept on the protection of the state border for the years 2007-2010 and of the National Strategy for the integral management of the Republic of Moldova state border.
BGS
Enhance inter-agency co-operation (among authorities involved in state border
management) as well as co-operation with neighbouring countries, including border
demarcation and the conclusion of co-operation agreements.
In the process of completion A significant role in the consolidation of the cooperation between the relevant institutions of the Republic of Moldova and Ukraine, is given to the EUBAM mission, which mandate was prolonged for another two years until 01.02.2009.
In the reporting period the work for providing the necessary support for the fulfilment of the EUBAM actions was continued. The relevant officials of the Border Guard Service participated at the meetings of the Consultative Board and the Coordination meetings of the EUBAM.
In the reporting period the process of implementation of the EUBAM recommendations continued, and the BGS developed an internal action plan for the fulfilment of these issues, adopted by the General Director’s Order, which was also coordinated with the Ministry of Foreign Affairs and European Integration. Periodically, evaluation sessions were organised in order to determine the level of fulfilment of the above mentioned action plan. The BGS experts participated at the organisation and development of the third joint operational of control at the Moldovan - Ukrainian state border.
During the reporting period considerable progress was noticed in regard to the development of the international collaboration in the area of state border, by signing a number of protocols for cooperation and exchange of information, as well as through the annual implementation of the cooperation plans with the border authorities of the limitrophe states.
One of the main priorities of the BGS of the Republic of Moldova is the elaboration of the legal framework for cooperation with the FRONTEX Agency. In this regard, at the XV plenary session of the International Conference on border problems (Hungary) a working session was held with the General Director of the BGS with the Executive Director of FRONTEX Agency, where the perspectives for the bilateral cooperation development were discussed. Also during this conference the Protocol for Cooperation between the BGS of the Republic of Moldova and the Border Security Service of the Hungary was signed, on the 23rd of May 2007.
The process of Moldovan-Ukrainian state border demarcation continued, as well as the process of arrangement of the aerographic materials of the North and South sectors of the Moldovan-Ukrainian state border for the development of the demarcation maps of these sectors, as well as the determination of the state border line in the field and installation of the border signs. Also this year, in Reni (Odessa region, Ukraine) the XXIX session of the mixed Commission of demarcation of the state border between the Republic of Moldova and the Ukraine took place.
On 16 of February 2007 the Protocol between the Government of the Republic of Moldova and the Minister’ Cabinet of Ukraine, on amending and complementing the Agreement of the Republic of Moldova and Ukraine on the border passing points and the simplification of the formalities for border crossing for the citizens that are residents of the districts near the border, of 11th of March 1997, entered into force. At the same time, as a follow up of the actions undertaken by the BGS according to legislation in force, the negotiations were held on the draft protocol between the BGS of the Republic of Moldova and the State Border Administrative Service of Ukraine on the working regime of the Moldovan-Ukrainian border passing points (GD no.562 of 18th of May 2007).
As a result of the actions undertaken by the BGS according to the national legislation in force, by the GD no.917 of 13 of August 2007, the initiation of the negotiations on the draft of the Agreement between the Government of the Republic of Moldova and the Romanian Government on the Moldovan-Romanian state border crossing points.
Within the GUAM Virtual Centre for fighting terrorism, organised crime, illegal trafficking of drugs and other type of severe crimes, the exchange of data and information is made between the representatives of the border authorities and legal bodies of the Republic of Moldova.
At the present moment the joint Control of the relevant agencies from Moldova and Ukraine will be made at the crossing border points of the Moldovan-Ukrainian border: Criva-Mamaliga, Larga-Kelimenti, Briceni-Rossosani and Giurgiulesti-Reni.
On the transnistrian sector, this will be dealt within the general process of settlement of the transnistrian conflict.
The BGS is making the exchange of data at the national level on the base of the informational system Web-info.
Also, with the EUBAM assistance and on the basis of the Protocol between the Republic of Moldova, the BGS of Moldova and the State Border Administrative Service of Ukraine the exchange of data and information, signed in Brussels, on 21.11.2006, the exchange of statistical data with Ukrainian Border institution was initiated.
At the same time, the above mentioned exchange of information is made also on the basis of the Protocol of the working meetings of the administrators of the border and customs structures of the Republic of Moldova, Ukraine and the representatives of the EUBAM Mission in the Republic of Moldova and Ukraine, on the joint development of the monthly reports of evaluation of the results of supervision of the Moldovan-Ukrainian state border.
The BGS representatives participated at the meeting of the Subcommittee nr. 3 on customs, cross border cooperation, money laundering, drugs and illegal migration”, that took place in Brussels on 19th of September 2007.
The information exchange system (SEMS) was installed within the BGS. It is to be mentioned that, the Border Guard Service is available to implement this system, although the Ukrainian party has certain reserves towards the implementation of SEMS.
BGS
3. Start developing a comprehensive education and training strategy on state border
management,
2) including improved understanding of Schengen rules and standards.
