Progress Report on the implementation of the National Annotated Agenda of the EU – Republic of Moldova Action Plan on visa liberalization

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 Strategy on 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.

The relations arising from the acquisition of fingerprint information during the process of production and issuance of ID documents that contain biometric data are carried out exclusively by the competent subunits of the Ministry of Information Technology and Communications and diplomatic missions and consular offices of the Republic of Moldova and can be used only in the process of production of biometric ID documents and their issuance to citizens.

On the other hand, the process of state fingerprint registration according to the Law no. 1549-XV of 19 December 2002 regulates the acquisition of fingerprint information by authorities with prosecution competences in order to identify and confirm the identity of Moldovan citizens and stateless persons, necessary to carry out the criminal investigation activity. This type of data can only be used by the authorities with prosecution competences in cases regulated by the national legislation and can’t be used in the process of production and issuance of biometric ID documents.

In this regard, the relations arising from the acquisition of fingerprints in the process of production and issuance of biometric ID documents had to be legally differentiated from the process of fingerprint registration regulated by the Law no. 1549-XV of 19 December 2002 on state fingerprint registration.

Therefore, by the means of the Article 1 (2) of the Law on amending the Law no. 1549-XV of 19 December 2002 on state fingerprint registration, adopted on 9 June 2011, the provisions of the given Law have not been extended to the relations arising from the acquisition of fingerprint information during the process of production and issuance of ID documents that contain biometric data.

In this context, the relations arising from the acquisition of fingerprints in the process of issuing ID documents that contain biometric data have been set under the regulations of the Government Decision on amending the Decision no. 376 from 6 June 1995 on the additional measures to create the National Passport System (chapter III on the procedure of digital fingerprinting in the process of documentation with biometric passports and travel documents). This data will be collected, maintained, updated and used by the authorities issuing ID documents according to the new Law on the protection of personal data, which corresponds to the European Convention no. 108 of 1981 for the protection of personal data on the automated acquisition of personal data.

1.3. Amendment of the legal framework and regulations on extending the State Register of Population

The Government Decision no. 337 on amendment of the Government Decision no. 376 from 6 June 1995 regarding the additional measures to create the National Passport System has been adopted by the Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June 2011, nr. 99-101, art. 464 (See attached Annex 3).

Description: The Decision establishes the mechanism of acquisition and processing of biometric information and regulates the legal relations between individuals, legal persons, law enforcement and local government bodies to ensure free-movement in the country and the right to establish residency anywhere in the Republic of Moldova. These rules have been set in compliance with the Council of the European Union Regulation (CE) no. 2252/2004 of the standards of security and biometric elements included into passports and travel documents.

A Government Decision no. 337 on amendment of the Government Decision no. 333 from 18 March 2002 on the Concept of the Automated Information System „State Register of Population” and the Regulation on the “State Register of Population” developed in order to extend departments of the State Register of Population dealing with information on biometric data has been adopted by the Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June 2011, nr. 99-101, art. 464 (See attached Annex 3).

Description: Data on digital fingerprints and digital photo have been added to the section “data about physical person” of the concept of the Automated Information System “State Register of Population”, approved by the Government Decision no. 333 from 18 March 2002 in order to meet the requirements of the Law on identity documents of the National Passport System no. 273-XIII from 9 November 1994 (See attached Annex 3). The amendments are in compliance with the Council of the European Union Regulation (CE) No. 2252/2004 on the standards for security and biometric elements included into passports and travel documents.

2. Adoption of an Action Plan containing a timeframe for the complete roll-out of ICAO-compliant biometric passports, including at Moldovan consulates abroad, and the complete phasing out of non-ICAO compliant passports;

Status of Progress:

Fully implemented - Action Plan adopted, complete roll-out of ICAO-compliant biometric passports since 1 January 2011 and from 1 January 2012 at Moldovan consulates abroad.

2.1. Action Implementation of the Action Plan on the issuance of biometric passports on the basis of Government Decision no. 317 from 28 of April 2010

Since 1 January 2011, the Republic of Moldova is issuing exclusively biometric passports.

Since February 2008, the Republic of Moldova issued machine readable biometric passports in compliance with the ICAO standards.

The Ministry of Information Technology and Communication (MITC) is the governmental agency responsible for the issuance of identity documents in the Republic of Moldova. The MITC issues passports, ID cards, driving licenses, permanent and temporary residence permits and travel documents for refugees.

Description: The Action Plan on the issuance of biometric passports on the basis of Government Decision no. 317 from 28 April 2010 (amended by Government Decision no. 337 from 10 May 2011) and the Law no. 135 from 1 July 2010 on the amendment of the article 2 of the Law no. 273-XIII from 9 November 1994 on identity documents of the National Passport System was implemented (See attached Annex 4). On the 24 February 2011, the Parliament adopted the Law amending the article 2 the Law no. 135 from 1 July 2010 on the amendment of the article 2 of the Law no. 273-XIII from 9 November 1994 on identity documents of the National Passport System, which extended the period of issuing non-biometric passports within the Moldovan consulates and embassies abroad to Moldovan citizens until 31 December 2011. An Action Plan on the exclusive issuance of biometric passports to Moldovan citizens and the Action Plan of the Ministry of Information Technologies and Communication on ensuring the issuance of biometric passports starting 01.01.2011 have been developed for the implementation of the project “Biometric passports for Moldova”, funded by the European Commission. Therefore, the following actions have been carried out:

1. The call for Tender had been launched on 7 February 2011. The Tender opened its session on 28 March 2011. The final deadline for implementation of the equipment, procured through the EU Tender is 25 December 2011.

2. The installation of the equipment for biometric passports data processing within the diplomatic and consular missions of the Republic of Moldova abroad shall be accomplished upon the finalization of the EU Tender and equipment delivery to the Republic of Moldova embassies and consulates abroad. MD authorities are implementing the Calendar Plan for receiving, installing and testing of the equipment for the complete roll-out of biometric passports (see attached Annex 5) and the Action Plan for implementation of the biometric passports at MD consulates abroad (see attached Annex 6). The State Enterprise CSIR “Registru” is designated as a Supervisor of planning, monitoring, coordinating activities, providing assistance and organizational consultation to beneficiaries of the equipment purchased by the EU.

3. The existent supply of passport booklets is sufficient to cover the needs for documentation of citizens with passports during the next period of 1 – 1.5 years. There have been designed and approved relevant technical requirements for each type of passports. The tender for procurement of passport booklets was launched in June 2011.

4. The cost of the biometric passport issued following the normal procedure (1 month) is 700 lei (approximately 44 Euros). Measures for cutting down the cost of the biometric passports, especially for children were undertaken. In this context, the cost of the biometric passports issued for children less than 7 years old is 430 lei (approximately 26 Euros) and for children between 7 – 12 years old is 600 lei (approximately 41 Euros).

5. All necessary equipment has been installed and put into operation in all of the offices for population documentation. According to the statistical data during January – October 2011 226557 requests were submitted for production and issuance of biometric passports and - 209407 biometric passports were produced and issued.

6. 31 out of 41 border crossing points are equipped with relevant scanning devices for biometric passports’ processing and use special software to perform the control of certificates (special next generation reading devices MRZ + biometric data from electronic chip) and 10 are equipped with simple reading devices (only MRZ).

7. The EU Delegation to the Republic of Moldova accepted to support financially the accession to the ICAO Trust Centre and Moldova’s first year membership fee. Accession of the Republic of Moldova to the ICAO PKD was done with the purpose to receive CSCA certificates and CRL (Certificate Revocation Lists) to verify the authenticity of biometric passports data of other countries and providing our certificate to other countries for the same verification on their side. Aiming at the integration into the ICAO infrastructure and at exchanging information with EU in this regards, on 27 October 2010, the Ministry of Information Technology and Communications sent the following documents to the EU Delegation in the Republic of Moldova:

· Notice of Registration - informing about the participation of the Republic of Moldova at ICAO Public Key Directory (PKD);

· Memorandum of Understanding (MoU) – refers to the conditions of participation at ICAO PKD;

· Letter on behalf of ICAO - informing about the registration service cost;

· Invoice for ICAO registration fee payment.

8. A special Plan for media coverage for 2010 - 2011 has been drawn up. Thus, only in the period 1 January - 31 December 2010 the following activities have been carried out: 17 radio and 49 TV programs, 16 articles in magazines and newspapers. During 2011 the employees of the CSIR “Registru” have already participated in 11 TV programs, 3 radio programs.

Additionally, Romanian Consulate and the Common Application Center (under Hungarian lead) have access to the State Register of Population under specific conditions in order check biometric passports data while issuing visas. The procedure is opened to other diplomatic missions upon request.

Regarding a clear schedule for the complete phasing out of non-ICAO-compliant passports

Passports that do not contain biometric data issued until 1 of January 2011 within the Republic of Moldova and the ones issued until 31 December 2011 abroad will be valid until the expiration date.

The complete phasing out of non-ICAO compliant passports was planned as follows:

· At the end of 2011, 2211886 old documents will be valid;

· At the end of 2012, 2165206 old documents will be valid;

· At the end of 2013, 2127017 old documents will be valid;

· At the end of 2014, 2083597 old documents will be valid;

· At the end of 2015, 2054583 old documents will be valid;

· At the end of 2016, 1677872 old documents will be valid;

· At the end of 2017, 1198196 old documents will be valid;

· At the end of 2018, 829484 old documents will be valid;

· At the end of 2019, 502613 old documents will be valid;

· At the end of 2020, no old documents will be valid.

3. Establishment of training programmes and adoption of ethical codes on anti-corruption targeting the officials of any public authority that deals with passports, as well as identity cards and other breeder documents.

Status of Progress:

Fully implemented - Ethical Code on anti-corruption adopted, training programmes are carried out

3.1. High level knowledge and awareness on ethics and anti-corruption of the public officials involved in the process of population registration and documentation

CSIR “Registru” has approved „The Ethical Code for employees responsible for the administration of the process of documentation of population” on 1 April 2011 (See attached Annex 7).

Description: The code establishes the basiс rules of behavior and ethics, the general principles of conduct of employees, the rules to provide qualitative services, measures for prevention of corruption and conflict of interest cases.

Therefore, the Code of Ethics includes of the following areas of regulation:

· Description of basic principles and professional values.

· Description of the rules of professional conduct, including the obligation to carry out the duty in good faith and high quality, respect of the legislation on access to information, not to admit or engage in any electoral activities or the ones that would result in conflicts of interest, obligations of managers, etc.

· Description of behavior and professional obligations towards citizens;

· Response to unfair advantages, including the obligation of their refusal, not to receive gifts and other valuables and services for fulfillment of functional obligations and to inform the direct superior about the attempts to propose unfair advantages.

· Monitoring of the respect of the Code of Ethics.

Regarding the sanctions, the disciplinary measures are being regulated by the Labour Code of the Republic of Moldova and are applied to all the employees and public servants working in the local and central public authorities. Thus, according to the article 86 (1) g)-r) of the Labor Code, the employees of the CSIR “Registru” may be subjected to the following disciplinary measures: “warning”, “reprimand”, “severe reprimand” and “dismissal”.

Additionally, the Law on amendment of some legislative acts was approved by the Government on 20 August 2011 and by Parliament on 25 November and namely:

· Law no.16 of 15 February 2008 on conflict of interest, which proposes a new version of the article on comprehensive provisions of the obligation not to accept gifts without any derogations;

· Law no.25 of 22 February 2008 on Code of conduct for public servants, which prohibits the acceptance of gifts, services, favours, invitations or any other advantage considering public office position they hold.

Simultaneously, the draft Law proposes amendments to the Law of the Code of conduct for public servants in order to include the obligation of public servants to report violations of the Code, and provisions on liability for violation of the Code.

Subsequently, the Code of Ethics is reviewed by experts of CSIR “Registru” in order to include the last legislative changes in this area.

CSIR “Registru” has approved “The Program for continuous training of the employees of the CSIR “Registru” with competences in the processes of documentation population” on 29 April 2011. (See attached Annex 8)

Description: The Training Centre of the CSIR “Registru” organized training courses for the employees of the territorial subdivisions for documentation of population. During the first 10 month of 2011 43 employees participated in the above-mentioned courses.

The following training courses have been organized:

· Legislation of the Republic of Moldova on breeder documents (on 31 March 2011);

· Requirements for an efficient work with documents and requests submitted by the citizens (on 31 March 2011);

· Code of ethics of the employees responsible for administration of population documentation processes (on 28 April 2011);

· Procedure of employees performance review of the CSIR “Registru” (on 28 April 2011);

· Basic concepts regarding the detection and management of corruption risks (on 24 June 2011) with participation of the Center for Combating Economic Crimes and Corruption representatives;

Also, during 2011 workshops within the Documentation Department on “Managerial development and leadership” and “Efficient conflicts resolution approaches” with participation of psychologist have been organized.

General Director of the CSIR “Registru” approved the Order “On some prevention measures against corruption and protectionism” on 31 May 2011 and “The Risk Management Action Plan regarding the corruption risks in the area of population documentation and civil status registration” on 11 August 2011.

Description: The following measures of the Risk Management Action Plan regarding the corruption risks in the area of population documentation and civil status registration were implemented:

· Video monitoring of the examination process of graduates of driving school is carried out on a permanent basis;

· Unexpected controls have been carried out during the examination process in the mentioned territorial subdivisions;

· Verification of the requirements fulfilment at different stages of identity documents production is performed;

· Periodical collocation of data regarding the execution of restrictions (in the data base from archive);

· The Component list of functions and officials with access to state secret has been revised, etc

All the staff, including management of the central and territorial offices of evidence and documentation of population took notice (by signature) of the Order “On some prevention measures against corruption and protectionism”.

2nd phase (benchmarks for effective implementation):

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

Status of Progress:

Advanced stage of implementation

Republic of Moldova is issuing exclusively biometric passports since 1 January 2011.

4.1. Implementation of biometric enrolment infrastructure in consulates and embassies of the Republic of Moldova abroad

Description: The installation of the equipment for biometric passports data processing within the diplomatic and consular missions of the Republic of Moldova abroad shall be accomplished upon the finalization of the EU Tender “Equipment for the introduction of biometric passports” with the equipment delivery to the Republic of Moldova embassies and consulates abroad. MD authorities are implementing the Calendar Plan for receiving, installing and testing of the equipment for the complete roll-out of biometric passports (see attached Annex 5) and the Action Plan for implementation of the biometric passports at MD consulates abroad (see attached Annex 6). The State Enterprise CSIR “Registru” is designated as a Supervisor of planning, monitoring, coordinating activities, providing assistance and organizational consultation to beneficiaries of the equipment purchased by the EU.

The following actions have been carried out:

· The Decision on permission to the supplier to import the equipment in the Republic of Moldova was approved by the Government.

· The Agreement on furnishing informational services via IRS „ACCES-Web” nr. 323-AW between the CSIR „Registru” of the MITC and the MFAEI of the Republic of Moldova had been concluded on 27 May 2011 based on which a range of embassies of the Republic of Moldova abroad were connected to the information resources of the CSIR „Registru”.

· The supply company "Ericsson", contracted by the EU, already delivering the equipment. The procedure for the reception of equipment and for the implementation process was agreed between with beneficiaries (State Enterprise CSIR “Registru”, Bureau of Migration and Asylum of the Ministry of Interior, National coordination office of Interpol of the Ministry of Interior, State Enterprise “Special Telecommunications”, Border Guards Service, Ministry of Foreign Affairs and European Integration) on 2 September 2011.

· The list of diplomatic missions and consular offices of the Republic of Moldova which were connected to Internet in order to install the equipment for taking biometric data was submitted by MFAEI on 13 September 2011

· According to the provisions of the technical regulation "Software life cycle processes" RT 38370656 - 002:2006 the relevant software product for the diplomatic missions abroad was procured and tested in order to ensure the establishment of a secure telecommunication channel and distribute the software and hardware complex

· The equipment was delivered and installation process was initiated by the beneficiaries, as well as the process of collecting biometric data from diplomatic missions has been launched.

· The Regulation on electronic acquisition of data and its processing using digital signature with further takeover of this information on paper was drafted.

NOTE: The Center for State Information Resources “Registru” as a pro active action, separate from the EU Tender, purchased a graphical station in order to test the pilot project of the CSIR “Registru” – “Biometric passport” within the Embassy of the Republic of Moldova in Rome. The experimental testing was carried out during the period of 19-26 February 2011. Therefore, testing successfully passed the trial operation has been suspended due to technical reasons related to moving of the Embassy of the Republic of Moldova in Rome (Italy) to another building.

All these measures will create conditions for citizens living abroad to obtain passports containing biometric data at the consular offices of the Republic of Moldova

4.2. Increased level of documents security

Description: The set of technical documents necessary in order to carry out the tender for the procurement of new passport booklets with integrated chip was prepared and sent to the Ministry of Finance. The Request for expression of interest for potential bidders was posted by the Ministry of Finance on its website and published in the weekly journal “Economic review” from 29 April 2011 and in the Public Procurement Bulletin. An inter-ministerial working group was created for arranging and carrying out the Tender on procurement of passport books with integrated chip. Necessary documents of the organizations, showing interest in participation in the Tender on procurement of passport books with integrated chip have been prepared. Tender documentation and technical specifications are finalized within the Inter-ministerial working group and were submitted to the Government of the Republic of Moldova.

5. High level of integrity and security of the application, personalization and distribution process for passports, as well as identity cards and other breeder documents.

Status of Progress:

Advanced stage of implementation

5.1. Improvement of the identification process of persons from the Transnistrian region applying for Moldovan documents

Description: By the Decision of the Ministry of Justice no. 01/1771 from 18 March 2011 an Working Group on issues related to civil status documents was established. The Working Group developed Government Decision no. 337 on amendment of the Government Decision no. 376 from 6 June 1995 regarding the additional measures to create the National Passport System has been adopted by the Government on 10 May 2011, published in the Official Gazette of the Republic of Moldova on 17 June 2011, nr. 99-101, art. 464 and proposed a self-declaratory statements for improving identification of persons from the Transnistrian region through family members and relatives, as well as for recognition of breeder documents and registration in the Transnitrian region.

According to the Government decision the following procedure of the persons’ identification is provided:

“Children with no parental tutelage or who are under the state tutelage are to be identified, respectively, by the tutelary authority or by the administration of the respective institution.

Identification of the persons that reached the majority age and have not been documented earlier or whose identity can not be established upon the documents issued earlier is to be performed upon the declaration on the responsibility of one of the parents, legal representatives or other relative of the I-III degree. If the identification is done by relatives of the II-III degree, it is necessary to present additionally other confirming documents issued by the local public authority or other state institution that possess information on the respective person (military ID, pension card, certificate issued by the institution where the person works or studies, etc. – if these somehow may lead to a person’s identification).

If the person can not be identified in the established manner, his/her identity is to be established by the judicial instance”.

In accordance with Art. 352 par. 1 of the Criminal Code of the Republic of Moldova, false statements in front of a public office in order to produce a legal consequence for a third person, is punishable with a fine or up to one year imprisonment.

5.2. Improvement of identification accuracy and enrolment security

Description: The General Requirements for Automatic Facial Recognition System have been drafted and approved on 1 July 2011. Technical solutions for implementation of Facial Recognition technology in the informational systems have been drafted jointly by CSIR “Registru” and „L1 Identity Solutions” company. „L1 Identity Solutions” company preseneted and informed the Moldovan Law enforcements bodies about the modern possibilities to perform person’s identification (including Facial Recognition). Technical specifications of the system for persons’ biometric identification (facial) has been developed and approved within the CSIR “Registru”, Ministry of Information Technology and Communication.

The main stages of the introduction of Facial Recognition system are:

· Carry out a database cleansing (“scrub”) based on the photos currently in the system in order to achieve a reliable dataset to be used as a baseline;

· Add automated quality check in the registration process to ensure that the portrait capture meets relevant international standards and also are suitable for facial recognition systems;

· Implement a facial recognition system to identify duplicate enrolments and to verify identity of citizens already enrolled;

· Introduce a new operational workflow that ensures that a biometric check is performed prior to issuance of a new document.

5.3. Improvement of the security of production and personalization of biometric passports

Description: The improvement of the production and personalization process of electronic passports is being carried out simultaneously with the above mentioned tender, which is a part of the project “Biometric passport for Moldova” funded by the European Commission. The final deadline to implement the equipment purchased through the EU Tender is 25 December 2011.

5.4. Development of passports’ production and personalization for certain categories of disabled persons

The issuance of the temporary passports for certain categories of disabled persons was launched after the draft Government Decision on amending the Government Decision no. 376 from 6 June 1995 regarding the additional measures to create the National Passport System and the draft Law on the amendment of the Law no. 273-XIII from 9 November 1994 on identity documents of the National Passport System were approved.

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.

5.5. High level of security of civil status breeder documents

Description: At the moment, the Ministry of Information Technology and Communication and the Ministry of Justice (the Civil Status Service) are working on the draft law on establishing the single economic operator responsible for duplicating forms of acts and of civil status certificates, under the public procurement procedure “from a single source”.

As regards the digitalization of civil status breeder documents, the Civil Status Service has developed a draft plan of the financial needs for this action and submitted it to the State Chancellery and the Ministry of Foreign Affairs and European Integration for the identification of potential external resources and partners.

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

Status of Progress:

Implemented

6.1. Consolidation of the mechanism of electronic communication between the Ministry of Information Technology and Communication and Ministry of Interior

Regular reporting of secure data regarding lost and stolen passports to the National Central Office of INTERPOL is carried out through a real-time electronic system. Technique Channel of interaction between MTIC-BNC Interpol-Secretariat OIPC Interpol was developed, was tested in May 2011 and was enabled in October 2011. In the meantime, the Ministry of Interior drew up a set of proposals for the amendment of the Law no. 216-XV from 29 May 2009 on Integrated Information System aiming to facilitate its implementation in the nearest future.

The information from the State Register of Population regarding all lost and stolen passports is sent to the Ministry of Interior on a daily basis on the Agreement between the Ministry of Interior and the Ministry of Information Technology and Communication, signed on 5 July2011.

6.2. Online information exchange between the Ministry of Information Technology and Communication and Ministry of Interior, for the purpose of interchange with Interpol on lost and stolen passports

A bilateral agreement between the General Secretariat of ICPO INTERPOL, from Lyon, France with the National Central Office of INTERPOL together with CSIR “Registru” was negotiated and signed in order to install the PUSH&PULL technology necessary for connecting to the Interpol system I-24/7INSYST of electronic real-time reporting of lost and stolen passports. The Channel and PUSH&PULL technology was tested in May 2011 and is functioning in normal regime since October 2011.

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

Status of Progress:

Implemented

7.1. Updating EU member states on new passport specimens, as per their changes.

The EU Member States missions will be kept updated on new passport specimens (as per their change) by sending information through an established channel of communication: Ministry of Information Technology and Communication – Ministry of foreign Affairs and European Integration – EU member states missions on yearly basis, by the month of September.

Moreover, since 2009 the Republic of Moldova joined the PRADO - Public Register of Authentic Identity and Travel Documents online of the Council of the European Union (See http://www.consilium.europa.eu/prado/EN/categories/MDA/showAllDocuments.html). The last update in the PRADO system was done on 1 July 2011, introducing the new specimens with the Moldovan biometric passports security features.

Block 2: Irregular migration, including readmission

Border management

1st phase (legislative and policy framework):

1. Consolidation of the legal framework for border management including adoption of a new Law on the State Border, allowing the Moldovan Border Guard Service to participate in detection and investigation of cross border crime in cooperation with all competent law enforcement authorities and extending its area of responsibility to the whole territory, as well as a legal framework for efficient inter-agency cooperation between the Border Guard Service, law enforcement agencies and other agencies involved in border management.

Status of Progress:

Advanced stage of implementation The Law on state border was adopted, Law on Border Police was approved by the Government and is pending approval of the Parliament

1.1. Consolidation of the legal framework in the area of border management

Integrated state border management activities are undertaken by the Border Guard Service and Customs Service within the Ministry of Finance (which assures customs regulations regarding goods, transportation means and persons crossing the state border).

The legal framework of the Border Guard Service activity includes the Constitution, international and bilateral treaties (agreements) and following key legislative and normative acts:

- Law no-162/ 13July 2007 on Border Guard Service (law on Border Police is examined by the Parliament and will substitute the Law no.162)

- Law no.215/ 4 November 2011 on state border of the Republic of Moldova;

- Law no. 269/9 November 1994 on entrance and exit from the Republic of Moldova;

- Law no.200/16 July 2010 on regime of foreigners;

- Law no.270-XVI/18 December 2008 on asylum;

- Law no. 273-XIII/9 November 1994 on identity documents from national passport system;

- Law no. 275-XIII/10 November 1994 regarding the legal status of foreign citizens and stateless persons in the Republic of Moldova

- Decision of the Government no. 376/ 6 June 1995 on additional measures for the accomplishment of national passport system.

- Decision of the Government no. 1212/ 27December 2010 on approval of the National Strategy on Integrated State Border Management for the period of years 2011 - 2013

- Decision of the Government no.352/16 May 2011 on approval Action Plan on implementation of the national Strategy on Integrated State Border Management for 2011-2013

· The draft Law on state border of the Republic of Moldova was approved by the Government on 22 June 2011 and was approved by the Parliament on 4 November 2011. (See attached Annex 1). The new Law on state border amends and will replace the Law on state border of the Republic of Moldova no. 108 from 17 May 1994.

Description: The new draft Law is in line with the EU norms and regulations in the field, and namely Regulation (EC) no. 562/2006 of European Parliament and of Council from 15 March 2006 on the establishment of a Community code on the rules which are on the basis of free movement of persons across the border (Schengen Border Code) and Council Directive 2004/82/C from 29 April 2004.

The features distinct from the previous law are the following:

· the competence of the Border Guards will be extended throughout the country;

· specific conditions are expressly set for authorization of border crossing, necessary documents for authorization are listed, the procedure of the refusal of border crossing, as well as of minimal, thoroughly and second line control are established;

· the regime of border crossing points includes expressly the rights and obligations of the travelers;

· regulations related to stamping documents, conditions for a lesser (“relaxed”) border control are introduced, the establishment of border crossing corridor is regulated in order to prevent illegal migration and to facilitate the movement of persons across the border, various obligations of the carriers are set.

· In order to amend the Law on the Border Guard Service no.162 from 13 July 2007 the Border Guards Service and Ministry of Interior developed the draft Law on Migration and Border Service as an implementation provision of the National Strategy on Integrated State Border Management for 2011-2013 was approved by the Government on 6 July 2011. After additional analysis within the parliamentary commissions, a number of amendments were made to the text, as well as to the name of the draft Law, the title of which is now the Law on Border Police. It is expected to be adopted by the end of 2011, and will enter into force on 1st July 2012. (see attached Annex 2).

Description: The draft Law amends the national legislation in view of demilitarization and professionalization of the Border Guard Service. The Border Police will be public administration authority within the Ministry of Interior and will be in charge of promoting policies in the field of integrated state border management. The competences of the Border Police will be extended throughout the country. The staff carrying out border control will be professionally qualified and trained.

Following the adoption of the law and integration into the Ministry of Interior, Border Police will be empowered with competences in investigation of border crimes, trafficking in human beings, forgery of travel documents, examination and application of penalties for offences related to state border regime, as well competences for conduct of legal expertise of travel documents.

Structurally Border Police will be divided into 3 levels: I - Strategic (Border Police Department); II - operational (regional border police directorates); III - Tactical (crossing points, border units, other units). The Ist and IInd levels units will have decision, financial and human resource autonomy. All staff involved in border control will be employed on contract basis.

· Moreover, taking into consideration the implementation of the National Strategy for Integrated Border Management for 2011 – 2013, the Border Guards Service developed the draft Law on the amendment of some legislative acts to grant to the Border Guard Service the competencies for prosecution, examination of administrative offences, expertise of travel documents, liability of carriers for transportation of foreigners without necessary legal documents, detection and investigation of cross-border crime, human smuggling and trafficking. The draft Law was approved by the Government on the 6 July 2011 and was approved in the first reading in the Parliament on 22 July 2011. (See attached Annex 3).

Description: Therefore, the following legislative acts should be amended: the Code of Criminal Procedure of the Republic of Moldova no. 122-XV from 14 March 2003, the Law on prosecution officer status no. 333-XVI from 10 November 2006, the Law on legal, technical and scientific, and forensic investigation no. 1086 from 16 November 2000, the Law on the Border Guard Service no.162-XVI from 13 July 2007, the Code of Contravention no. 218-XVI from 24 October 2008, the Law on operative investigations no. 45-XIII from 12 April 1994. The draft Law proposes to grant competencies of prosecution authority to the Border Guard Service on crimes foreseen by the Criminal Code, and namely Article 361 on the falsification of travel documents, Article 362 on illegal state border crossing, Article 362¹ on illegal migration’s organization. The adoption of draft law is in line with the process of implementation of the EU standards on border surveillance and control.

In order to ensure the implementation of the future Law on Border Police, Border Guards Service has drafted the Law on amendment of several legislative acts (50 legislative acts) and the Government Decision on implementation of the Law on Border Police (20 regulations, 50 Government Decisions amended, complemented or abrogated), as well as a series of normative internal institutional acts.

According to the recommendations given by specialized European structures and in particular the European Union Border Assistance Mission to Moldova and Ukraine (hereinafter EUBAM), included repeatedly in reports and policy analysis, it is indicated that in the process of collecting the necessary information for an effective activity, the Border Guard Service shall own all the necessary mechanisms as to combat crimes committed in the border area, starting with the implementation of prevention methods up to the investigation of crimes.

In this regard, the Border Police officers will be granted the status of criminal investigation officer alongside the officers of Ministry of Interior, Customs Service and Center for Combating Economic Crimes and Corruption and in line with the legislation in force.

Therefore, the Border Police officers will have the right to participate individually or in cooperation with other competent law enforcement authorities in detection and criminal investigation activity in the following areas:

· on the crimes foreseen by the Article 248 of the Criminal Code on smuggling;

· on the crimes foreseen by the Article 361 of the Criminal Code on falsification of travel documents;

· on the crimes foreseen by the Article 362 of the Criminal Code on illegal state border crossing;

· on the crimes foreseen by the Article 362¹ of the Criminal Code on the organization of illegal migration;

· on the crimes foreseen by the Articles 331-333 of the Contravention Code on the breaking of the border regime and regime of permanent staying on the territory of the Republic of Moldova.

The inter-agency cooperation in investigation of cross-border crimes will be carried out by the means of exchange of information between different competent law enforcement authorities, joint coordination of the investigation activities, creation of joint investigation groups, risk analysis and information processing, joint use of data basis, activity of existing contact centers (representatives of Border Police, of Ministry of Interior and Customs Service).

In order to strengthen the cooperation with EU Member States on exchange of information on authentic travel and IDs, the border Guards Service adopted on 26 April 2011 an Ordinance on connection to Online Public Register of Authentic Travel and Identity Documents „PRADO” (See attached Annex 4).

1.2. Consolidation of the legal framework for efficient inter-agency cooperation between Border Guards Service, law enforcement agencies and other agencies involved in border management

The National Council for Integrated State Border Management (see attached Annex 5) developed the National Strategy on integrated border management for 2011 – 2013 (See attached Annex 6), approved by the Government on 27 December 2010.

In compliance with the annotated National Action Plan a model agreement on inter-institutional cooperation on migration, border management, visa and foreigners related issues was developed and signed with 6 the key relevant authorities in the second half of 2011.

2. Adoption of an Action Plan for the effective implementation of the National Integrated Border Management Strategy, containing a timeframe and specific objectives for the further development of legislation, organisation, infrastructure, equipment, as well as sufficient financial and human resources in the area of border management.

Status of Progress:

Implemented - Action Plan for the effective implementation of the National Integrated Border Management Strategy was approved by the Government

2.1. Development and adoption of the Action Plan for the effective implementation of the National Strategy for Integrated Border Management

The Action Plan on implementation of the Strategy on Integrated State Border Management for 2011-2013 was approved by the Government on 16 May 2011 (See attached Annex 7).

Description: The Action Plan is a comprehensive document which outlines the priorities for the development of integrated state border management in the Republic of Moldova, and establishes the specific objectives and actions which are going to be undertaken in order to meet this priorities. On basis of actions of this Plan, the Border Guards Service and other authorities involved directly or not in border management drawn up Annual institutional Action Plans.

The Action Plan was drafted according to the best international practices, as well as the recommendations of the Organization for Security and Cooperation in Europe (OSCE), European Union Border Assistance Mission to the Republic of Moldova and Ukraine (EUBAM), Centre for Democratic Control of Armed Forces (DCAF), European Agency for Operational Cooperation Management at the External Borders of the European Union member states (FRONTEX) and others international organizations.

The Action Plan is in line with the Schengen Catalogue’s provisions which contain recommendations and highlight the best practices on implementation of regulations and others European documents in the field of border security. Taking into account that the Schengen Catalogue’s provisions serve as a reference tool for future assessments carried out in the candidate countries for joining European Union and Schengen area, it became strictly necessary for the Republic of Moldova to implement these recommendations.

3. Establishment of training programmes, and adoption of ethical codes on anti-corruption specifically targeting border guards, customs and any other officials involved in border management

Status of Progress:

Continuous implementation

3.1. Development of institutional capacities for professional training of border guards, customs officials, policemen, and other officials involved in border management

According to the internal Decision of the General Director of the Border Guard Service no. 233 from 13 June 2008 and the Decision of Ministry of Justice of the Republic of Moldova no. 582 from 17 July 2008, the Deontological Code of the border guards has been approved (See attached Annex 8).

Description: The Code describes moral norms that have to be respected by the border guards in their activity, as well as out of duty activity, including their relations with community members.

The Code establishes the rules of conduct in accordance with legislation regulating border guards’ duties. The Code is in line with the principles set out in C (2006) 5186 Commission Recommendation establishing a “Joint Practical Handbook for Border Guards” (Schengen Handbook) and R (2000) recommendation of the Council of Ministers regarding Code of Conduct for Magistrate.

The training of warrant officers who will be employed at border posts and border crossing points is done at the National Border Guard College in Ungheni. Moreover, a training plan and curriculum of the National Border Guards College adjusted to EU standards were developed with the assistance of the European Union Border Assistance Mission to Moldova and Ukraine (EUBAM)’s support (See attached Annex 9).

The content and frequency of relevant training programmes (including statistics on the numbers of staff trained) are included in the Training Plan of the Border Guards (See Annex 10).

Since 2011 the officers of the Border Guard Service are trained at the Ministry of Interior Police Academy „Ştefan cel Mare”” at the specialized Department on border management. The corresponding Curricula was drafted. For the 1st and 2nd years training course the Common Core Curricula for basic border guard training, elaborated within Frontex and used by all EU border authorities is applied.

In the same context, from 29 April – 19 September 2011, at the initiative of the EU Border Assistance Mission to Moldova and Ukraine (EUBAM) the Customs Service, carried out a survey on the degree of satisfaction with the quality of services provided by customs and border authorities at 4 crossing points at Moldovan-Ukrainian border. On basis of its results, a Report on the quality of services and compliance with the Code of Conduct will be developed, as well as recommendations for improving ethics, professional integrity, discipline and customs officials more responsibility.

2nd phase (benchmarks for effective implementation):

4. Effective implementation of legislation on border control through adequate border checks and border surveillance, procedures and operational effectiveness, situational picture at national and local level, including implementation of risk analysis, intelligence and data-flow management as well as direct access and consultation of relevant national and international databases.

Status of Progress:

Advanced stage of implementation

4.1. Implementation of the Law on state border of the Republic of Moldova

Until the new Law on state border of the Republic of Moldova will enter into force, the implementation of legislation on border control is carried out on basis of the Law no. 108-XIII from 17 of May 1994 on the State Border of the Republic of Moldova.

The ICMPD has implemented the project “Strengthening capacities and cooperation in the identification of forged/falsified travel documents at the Moldovan-Romanian border”.

The Border Guards Service has drafted an Agreement on Joint Patrolling of the common frontier with Ukrainian State Border Guards Service. On the other side, the Border Guards Service is carrying out joint coordinated patrolling on river Prut with the Romanian Border Police.

Overall Strategy on risk analysis is the main internal document of medium term strategic planning. The given strategy sets out the basic objectives, principles, directions and prospects of development of RAS within the Border Guards Service, and to contribute for the achievement of the control, supervision and protection obligations of the state border of Moldova in line with legislation in force. Risk analysis offers to Border Guards Service the possibility of adopting strategies, using proactive methods, coordinated and focused on its priorities and efficient allocation of the resources.

The efficient management of RAS requires more extensive information, thus the Border Guards Services cooperates with neighboring states in this regard.

The exchange of information with Ukraine is done on monthly, quarterly, and annual basis, both at central and regional levels. Exchange of information with Romania is made monthly at central and regional levels. Also, at the central level the Border Guards Service and the Customs Service share information within the Working Group on common risks analysis on crimes detected in the process of declaration of transportation means.

11 Border Crossing Points out of 81 have been connected to Online Public Register of Authentic Travel and Identity Documents „PRADO”.

Each month, the Border Guards Service and Customs Service of Republic of Moldova and the State Border Guards Service and the Custom Service of Ukraine carry out Working Meetings on the information concerning the surveillance of Moldovan-Ukraine border. All the information gathered is processed and included in three-level reporting system:

Central level – periodic reports (every quarter), special reports on specific issues (every six month), situational reports (each quarter), regional reports (if necessary).

Operational level – regular reports (monthly), special reports on specific issues (quarterly and every six month), situational reports (each quarter), regional reports (when necessary).

Tactical level – regular reports (monthly), situational reports (at the order of General Director).

Furthermore, the Border Guards Service has continued the process of replacement of conscripts with contract-based personnel. Thus, 20 % of border guards are conscripts and 80 % are contract-based personnel. The conscripts are used only in the border surveillance process and they are not taking part in the decision-making process. Until the end of 2011, the Border Guards Service intends to replace all the conscripts with contract-based personnel.

See attached Annex 11 regarding the Report on state of security at the state border for the period of January – November 2011.

5. Provision of adequate infrastructure, technical equipment, IT systems, financial and human resources in accordance with the IBM Strategy and Action Plan to be adopted, and effective implementation of training programmes and anticorruption measures

Status of Progress:

Implementation in progress

5.1. Implementation of the Action Plan for implementing the National Strategy of the Integrated Border Management

In view of developing border infrastructure, the Government approved, on 28 June 2011, a new Infrastructure Development Plan of state borders for 2011-2014

The Border Guards Service benefits of the project „Development of a mobile and fixed communication system for Border Guard Service”, financed by European Commission and implemented by Ericsson and Motorola companies, having as a goal to develop a mobile and fixed communication system on the whole border sector of the Republic of Moldova.

The project was divided into three stages. The first one, „Giurgiulesti-Ungheni and Ungheni-Horesti extension” was set off in 2006, but the works started in 2010. The project provided the construction of a radio communication system alongside the border of the given sector, based on the principle of radio relay (HQ of Border Guard Service was connected to this system).

Thus, 27 towers were installed, some of them with fixed stations for TETRA communication. At the same time, the IP telephone system and the video surveillance system for border guard subunits are in the process of construction.

As a result, TETRA terminals with fixed stations, video surveillance cameras, IP phones, computers, special equipment for passports reading, off-road vehicle have been delivered and installed in Border Guards Service subunits.

The first stage of the project was fully implemented by August 2011. As regards the second stage, „Horesti-Otaci”, the process will be launched after the tender on its implementation will be carried out.

In order to ensure transparency and ensure the implementation of anti-corruption legislation, all draft laws and regulations are published on the website: www.border.gov.md , allowing interested public to access these texts and come forward with observations and proposal.

6. Improvement of inter-agency cooperation (including exchange of data between the Border Guard Service and law enforcement agencies) international cooperation, including cooperation with neighbouring countries and implementation of working arrangement with FRONTEX to a high level of effectiveness

Status of Progress:

Continuous implementation

6.1. Development of inter-agency cooperation

On basis of inter-agency cooperation agreements, the Border Guards Service carries out mutual exchange of information with the following national authorities:

· Ministry of Justice, based on the Agreement on information exchange and collaboration between the Border Guard Service and the Executive Department of the Ministry of Justice from 17 of October 2007.

· CSIR “Registru”, based on the Contract between the Border Guards Service and CSIR “Registru” on providing information services under no. 160-A from 24 of November 2008.

· Ministry of Interior, based on the Agreement on cooperation in information exchange between the Ministry of Interior and Border Guards Service from 17 of December 2008.

· Center for Combating Economic Crimes and Corruption, based on the Agreement between the Border Guards Service and the Center for Combating Economic Crimes and Corruption on information exchange ” from 26 of December 2008.

· Intelligence and Security Service, based on the Agreement on the exchange on information between the Intelligence and Security Service and Border Guards Service from 6 of March 2010.

· General Prosecutor’s Office, based on a bilateral agreement of on cooperation between the Border Guard Service and the General Prosecutor’s Office from 6 of May 2010.

· Customs Service, based on the Agreement between the Border Guard Service and the Customs Service on information exchange from 14 of June 2010.

Besides, the Border Guards Service and the Ministry of Interior signed on 30 of July 2010 a common regulation on the establishment of inter-institutional working groups in view to fulfil EUBAM and DCAF recommendations. As a result, 3 joint working groups were created on:

· cooperation in area of migration, readmission and fighting trafficking in human beings;

· cooperation in analysis of the national and international legislation and development of legislative and normative acts in the area of border management;

· cooperation on IT.

Border Guards Service with other central administrative authorities keeps the data basis concerning the record on foreign citizens and stateless persons on the territory of the Republic of Moldova.

There are 42 out of 67 state Border Crossing Points of the Republic of Moldova, which are equipped with modern computers, devices for document expertise, MRZ and e-chip readers and special software and as follows:

· 25 are connected to on-line regime from Border Guards Service HQ servers through ADSL connection provided by the “Moldtelecom” (national communication operator).

· 17 are connected via Dial-up through fixed telephone nets provided by the ”Moldtelecom” and the data transfer takes place once in 24 hours.

It is important to mention that the border crossing points are equipped with on-line net (25) and are connected to the Data Base of the CSIR ”Registru” that allows to check the validity of passports of the Moldovan nationals and to the Data Base of INTERPOL to check persons from abroad and transportation means.

In the beginning of 2011, the Border Guard Service and National Bureau of INTERPOL launched a project aiming to allow on-line verification of the information in INTERPOL Database, while the persons and vehicles cross the border. The project was implemented at Border Crossing Points with on-line connection to Border Guards Service HQ by the OSCE Office from Vienna with the financial assistance of Norway Government. As a result, an Additional Protocol to the Agreement between the Ministry of Interior and the Border Guards Service on cooperation in the field of information exchange from 17 of December 2008 concerning the use of data basis of International Organization of Criminal Police through the National Central Bureau in the Republic of Moldova.

The majority state border crossing points have already enabled the cooperation on information flows between the local data bases of the Border Guards Service and Customs Service in order to exclude the duplication of required information and to decrease the crossing time of the state border for persons and vehicles.

Border Guards Service uses electronic data bases ”Web Client SG” and ”Access WEB”.

Moreover, the Document Examination Section of the Border Guard Service carries out information exchange:

I at the national level: on basis of the Agreement on cooperation in the field of information exchange on document security between the Ministry of Interior, Ministry of Information Technology and Communication, Ministry of Justice and Border Guards Service of the Republic of Moldova from 17 of February 2011.

II at international level:

1. Romanian Border Police.

2. State Border Guard Service of Ukraine.

3. State Border Guard of Latvia.

4. State Border Guard Service of Lithuania.

5. Border Guard of Finland.

6. Border Guard of Poland

7. Federal Police of Germany – unilaterally.

8. EUBAM Mission.

9. FRONTEX Agency.

According to the draft Government Decision on the approval of the Regulation on the Border Guards Service functioning, structure and personnel limit of its Headquarters, the 24/7 National Center of coordination within Border Guards Service is foreseen to be established.

6.2. Development of the international cooperation

In order to enhance international cooperation, Border Guards Service carries out an efficient cooperation with similar institutions from the neighbouring states, which is fulfilled on the basis international bilateral documents, concluded in different fields of activity, as well as various annual cooperation plans (See attached Annex 12).

Four meetings of the Moldovan-Ukrainian Joint Committee on the demarcation of the Moldova-Ukrainian border took place.

Additionally, the cooperation with border guard agency from Ukraine is also carried out via EUBAM. 18 international treaties in the border area at interstate, inter-governmental and inter-institutional level on State Border between the Republic of Moldova and Ukraine, on realization of common control in border crossing points; border representatives’ activity; cooperation of investigative bodies; information exchange, etc.

With support of EUBAM experts were drafted two agreements:

- Agreement between the Government of the Republic of Moldova and Cabinet of Ministers of Ukraine on common patrolling of the Moldovan-Ukrainian state border, which has the aim to develop cooperation in IBM field and establishing of new forms of border surveillance through carrying out common patrolling at the common border in compliance with EU practice and requirements.

- Protocol between the Border Guard Service of the Republic of Moldova, Customs Service of the Republic of Moldova and Administration of State Border Guard Service of Ukraine, State Customs Service of Ukraine on realization of experiment of making common control in BCP „Briceni-Rossoşanî” on the Ukrainian territory, which has the aim to implement the tasks and objectives of common control, facilitation of activities in BCP, minimizing of the period of making border and customs control and others.

As regards other partner states, the bilateral cooperation is ensured by the following:

· Protocol of cooperation between the Border Guards Service of the Republic of Moldova and General Inspectorate of Border Police of the Ministry of Administration and Interior of Romania.

· Joint Action Plan on the development of inter-agency cooperation of border guard institutions of the Republic of Moldova and Romania for 2011.

· Protocol of cooperation between the Border Guards Service of the Republic of Moldova and Border Guards Service of the Committee of National Security of Kazakhstan.

· Agreement of cooperation between the Border Guards Service and State Border Guard Committee of Belarus.

· Protocol of cooperation between the Border Guards Service of the Republic of Moldova and Border Guards Service of Poland.

· Protocol of cooperation between the Border Guards Service of the Republic of Moldova and Frontier and Immigration Service of Portugal.

· Protocol of cooperation between the Border Guards Service of the Republic of Moldova and Border Police subordinated to Ministry of Interior of Georgia.

Besides, the Border Guard Service has established cooperation legal framework with border guard agencies from Latvia, Lithuania, Estonia, Hungary, Georgia and Poland as well Germany, Slovack Republic and Macedonia in the fields of implementation of IBM strategies and plans, information exchange, experience exchange, state border control and surveillance, IT technologies, risk analysis, human resources, personnel training, travel documents control, illegal migration, etc.

At the end of May this year, it was concluded Agreement between the Government of the Republic of Moldova and the Government of Romania on establishing and functioning of Galaţi Common Contact Centre, which has the aim to combat trans-border crimes and carry out information exchange in this filed. The Regulation of functioning of Galati CCC was drafted.

6.3 Implementation of working arrangement with FRONTEX at a high level of effectiveness

Following the implementation of the Working arrangement on the establishment of Operational Cooperation between the Border Guard Service of the Republic of Moldova and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX and the Cooperation Plan between parties, the Border Guards Service was involved in different training activities related to risk analysis field, detection of false/falsified travel documents, detection of stolen vehicles, application of common standards in dog handling service, as well as the exchange of data during operations.

FRONTEX also provides its assistance in the process of implementation of the Common Curriculum Core for Border Guards within the National Border Guard College on training the staff in compliance with EU requirements in the area of border management.

In 2011, the Border Guards Service continued to participate in all activities stated in the Working Arrangement and Cooperation Plan concluded with FRONTEX Agency (e.g. operational activities, trainings, research and development measures, training of dog handlers).

As a result, the Border Guard Service participated at Common Operation called Jupiter 2011, Common operation of Focal Points, as well as at pilot-project of Coordination Point at the Moldovan-Ukrainian state border that was carried out with support of EUBAM.

The Border Guards Service and FRONTEX Agency developed the new Cooperation Plan for 2012-2014 which is planned to be signed by the end of 2011.

Migration Management

1st phase (legislative and policy framework):

7. Consolidation of the legal framework for migration policy, including measures for the reintegration of Moldovan citizens (returning voluntarily or under the EU-Republic of Moldova readmission agreement) and the fight against irregular migration (including efforts to conclude readmission agreements with main countries of origin and inland detection of irregular migrants)Development of the legal framework and programmes on integration of foreigners and citizens of the Republic of Moldova (returned, voluntarily repatriated or readmitted on basis of readmission agreements)

Status of Progress: Advanced stage of implementation

The main legislative and regulatory framework in the migration area is in place, as following:

1. Law on migration 1518-XI / 06.12.2002;

2. Law of foreigners no 200-XIX/16.07.2011

3. Law on legal status of foreigners and stateless in the Republic of Moldova 275-XIII / 10.11.1994;

4. Law on exit and entry from/to the Republic of Moldova 269-XIII / 09.11.1994;

5. Law on labor migration 180-XVI / 10.07.2008;

6. Law on asylum in the Republic of Moldova 270-XVI / 18.12.2009;

7. Law on citizenship of the Republic of Moldova 1024-XIV / 02.06.2000;

8. Law on identity documents in the national passport system 273-XIII / 09.11.1994;

9. Governmental Decision on some measures in the national passport system regarding staying rules of foreigners and stateless on the territory of the Republic of Moldova 376 / 06.06.1995;

10. Governmental Decision Regulation on issuance of invitations for foreigners and stateless persons 33 / 22.01.2004;

11. Governmental Decision on Creation of the Center for temporary placement of foreigners 71/ 30.01.2004

12. Government Decision on approval of the Regulation of the Center for Temporary Placement of foreigners 493/6.07.2011.

13. Governmental Decision on Concept of the Informational Integrated Automatic System “Migration and Asylum” 1401/13.12.2007;

14. Governmental Decision on Regulation regarding the organization and functioning of the Ministry of Interior, structure and central apparatus” 778/27.11.2009;

15. Governmental Decision on Regulation on Ministry of Interior service 334/08.07.1991;

16. Governmental Decision Creation of the Commission for coordination of some activities regarding the migration process 133/23.02.2010;

17. The Decree of the Minister of Interior on Regulation regarding the organization and functioning of the Bureau for migration and asylum 82/23.03.2010;

18. Law on transparency of the decisional process 239-XVI/13.11.2008;

19. Government Decision on the approval of the minimum quantum of means for support for foreigners in Moldova 332/5 May 2011.

20. Government Decision on the issue of invitations for foreigners 331/5 May 2011

21. Government Decision on determining the level of knowledge of the state language by foreigners who are applying for permanent residence in the Republic of Moldova 491/6.07.2011.

22. Government Decision on the approval of the Instruction regarding the return, expulsion and readmission of foreigners from the territory of the Republic of Moldova 493/6.07.2011.

23. Government Decision on approval of the quantum of money aid to refugees and beneficiaries of humanitarian protection for 2011

24. MoI Order on Methodological recommendations in the field of combating illegal staying of the foreigners 90/6.04.2011.

25. Governmental Decision on creation of the One-stop-shop for the documentation of foreigners within the Bureau for migration and asylum

The legal framework has been harmonised to the following EU legislation:

· Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (CELEX 32003L0109);

· Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification ( CELEX 32003L0086);

· Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service;

· Council Regulation (EC) No 539/2001 of 15 March 2001, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (CELEX 32001R0359);

· Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decision on the expulsion of third country nationals (CELEX 32001L0040);

· Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals;

· Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas.

7.1. Development of the legal framework and programmes on integration of foreigners and citizens of the Republic of Moldova (returned, voluntary repatriated or readmitted on basis of readmission agreements)

Law on integration of foreigners in the Republic of Moldova was drafted by the Ministry of Interior and experts of the UNHCR Romania within the project “Local integration of refugees in the Republic of Moldova, Ukraine and Belarus”. The draft Law on integration of foreigners was approved by the Government on 9 November 2011, and s