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brief

Foreign Affairs on October 1–31, 2011

European integration

3rd meeting on Moldova-EU Visa Dialogue

Brussels hosted the 3rd meeting of the Moldova-EU Visa Dialogue on October 7. According to a communication released by MFAEIRO, the parties discussed the results of the Warsaw Eastern Partnership Summit and progresses made by Moldova to implement the Action Plan on Visa Liberalisation (APVL). The Moldovan side reported additional information regarding the recently adopted legislative framework and objectives to be fulfilled in order to complete the first round of the Action Plan on Visa Liberalisation by the end of 2011. As well, the sides agreed on a working agenda for the next three months. Moldova is to table the second Assessment Report on implementation of the first round of the Moldova-EU Action Plan on Visa Liberalisation until November 14, 2011.

Moldova joins the 7th Framework Programme of European Community

After two years of negotiations, Moldova signed in Brussels on October 11 the Agreement of UnderstandingRO between the Republic of Moldova and the European Union concerning the association to the Seventh Framework Programme (FP7) of the European Community for Research, Technological Development and Demonstrative Activities (2007–2013), thus becoming the 14th FP7 partner. The association to the European Research Area will provide researchers, research institutions, universities and businesses from Moldova with the opportunity to apply for EU funding for research as equal partners, starting January 1, 2012. The FP7 budget for 2007–2013 exceeds 53 million Euros. Moldova will have to contribute to the global FP7 budget with an amount calculated on the basis of the domestic GDP.

EU-Moldova cooperation in energy sector

During October 4–6, Chisinau hosted meetings on energy cooperation between Moldova and the European Union, as well as between EU and eastern countries. They included the 9th Ministerial Council meeting of the Energy Community, a joint informative sittingRO of INOGATE and Energy Committee, a roundtable concerning the Energy Efficiency and Regenerating Resources in Moldova, the Social Forum of the Energy Committee, a sitting of the Eastern Partnership Platform 3.

Participants in the joint informative sitting were informed that the INOGATE programme (a programme on rehabilitation of the gas and oil infrastructure in CIS member states) will have a 17-million-euro budget for the next three years, which will be managed by a consolidated secretariat.

The key result of the 9th meeting of the Moldova-chaired Ministerial Council of the Energy Community was the adoption of the EU Directives called Energy Package III to regulate the domestic market in electricity and gas. By adopting these rules, the partner countries pledge to implement them by January 2015. The Ministerial Council Decision stipulates deadlines for implementation of energy regulations which build the acquis communautaire. The Energy Community Secretariat will monitor the implementation of this decision by partner states and will deliver a first progress report on June 30, 2012.

The participants set up a task force to work out a Regional Energy Strategy, which will include a regional plan on development of generating capacities and investments. They also adopted an action plan on development of the gas infrastructure in the Energy Community, which is expected to bring together member states into a regional market and ensure the security of supplies in the region. The participants decided to welcome Armenia as observer of the Energy Community. Taking part in the Council meeting was also European Commissioner for Energy Günther Oettinger, who told a news conference that the European Commission will assist Moldova to implement energy projects, particularly relating to Moldova’s joining to the regional electricity market, modernisation of internal networks, energy efficiency and development of regenerating energy resources.

During the Social Forum of the European Community, Moldova and Ukraine signed the Memorandum on Social Issues of the Energy Community, which means the engagement of partner countries to encourage the social dimension of market reforms in energy sector, particularly in terms of fundamental rights of employees, rights of consumers, labour legislation, security and health at workplace and equal opportunities.

The agenda of the 6th meeting of the Eastern Partnership Platform 3 included issues related to security of supplies and development of energy infrastructure projects, transposition of the EU directives on development of a pan-European energy market. Mr. Fabrizio Barbaso, deputy director of the European Commission’s Energy Directorate, said that EU will provide cofounding for common projects aimed to integrate the Eastern Partnership member states into the European market. Some projects to be funded by EU are designed to interconnect Moldova with EU (via Romania), including the Ungheni-Iasi gas pipe, and to consider the feasibility for Moldova and Ukraine to join the European Network of Transmission System Operators for Electricity (ENTSO-E).

Visit by European commissioner for taxation, customs, audit and anti-fraud to Chisinau

The European commissioner for taxation, customs, audit and anti-fraud, Mr. Algirdas Semeta, was on a working visit to Chisinau on October 14 to approve the EU-Moldova Strategic Customs Cooperation Framework. The strategic framework builds shared customs cooperation priorities for the period covering 2011 to 2014, including: 1) improving cooperation and risk management at borders; 2) effectively detecting and decreasing smuggling; 3) stepping up investments in Moldovan customs modernisation. A task force will be set up to work out an action plan on implementation of the framework. While meeting Prime Minister Vlad Filat, the European commissioner approached the problem of smuggling in cigarettes in East Europe, including Moldova, which seriously hits budgets of EU member states. According to Mr. Semeta, these losses amount to 10 billion Euros a year. The European official noted that increasing tobacco excises by Moldova up to the European level would be an important step against smuggling in cigarettes wt the eastern border of EU.

Week of Moldova-EU dialogue in Chisinau

During October 17–20, Chisinau hosted meetings in the framework of the political dialogue between Moldova and EU.

Two missions deployed by the European Commission visited Chisinau during October 17–20 and assessed the implementation of the Action Plan on Visa Liberalisation (APVL), in order to decide on Moldova’s passage to the second APVL implementation round. The missions inspected the fulfilment of requirements of the Bloc 3 concerning the “Public order and security. Protection of personal data” (which includes actions against organised crime, trafficking in human beings and drugs, protection of personal data, combat of corruption and economic crimes, judicial cooperation and law enforcement) and Bloc 4 on “External relations and fundamental rights”. The last bloc includes regulations on protection of rights of minorities and free move in Moldova, and indicates the adoption of the controversial antidiscrimination law as the No. 1 condition. The results of assessment will be released till the end of 2011, as part of the second progress report.

The Moldova-EU Cooperation Committee held the 12th meeting on October 18, with the Moldovan side reporting achievements in honouring commitments in front of EU. According to a press releaseRO by the Ministry of Foreign Affairs and European Integration, the parties discussed the implementation of the Moldova-EU Action Plan, political dialogue, social-economic reforms, and development, cooperation in the area of justice and interior affairs. The delegations indicated prospects of opening negotiations on a Deep and Comprehensive Free Trade Area and Association Agreement, particularly in areas of transportation, energy, information society, environment and people-to-people contacts.

The 8th round of negotiations on the Association Agreement between Moldova and EU took place on October 19. The sides continued negotiations on formulations from the preamble, objectives and institutional, general and final regulations concerning the chapter “Justice, freedom and security”. They finished the negotiations on general principles and discussed preparations to open negotiations on building a Deep and Comprehensive Free Trade Area. A special issue raised by the Moldovan side was the participation of Moldova in EU programmes and agencies and ways to extend it.

An informal meeting of the Moldova-EU Dialogue on human rights took place on October 19 and discussed the situation relating to the law enforcement reform, adoption of the antidiscrimination law, respect for social and economic rights, and fulfilment of the 2011 recommendations of the U.N. Committee on Economic, Social and Cultural Rights in terms of torture, functioning of the National Anti-Torture Mechanism and investigation of the April 2009 events. It also discussed U.N. recommendations on Moldova included into the October 12, 2011 Periodical Universal Review.

Note by ADEPT: Mr. Dirk Schuebel, head of the EU Delegation to Moldova, has stated in an interview that Moldova will not progress in visa liberalisation talks, if it does not pass an antidiscrimination law, a condition to be fulfilled at the first stage of visa liberalisation negotiations — the adoption of such a law. In the same context, European Parliament President Jerzy Buzek has told a meeting with Moldova’s interim President Marian Lupu in Brussels that any progress in negotiating an Association Agreement, a Deep and Comprehensive Free Trade Area and a liberalised visa regime between Moldova and EU will depend on finality of the political crisis in Moldova, but Europeans expect Moldova to be a successful model within the Eastern Partnership.

Moldova initials agreement on Moldova’s joining to the European Common Aviation Area

Chisinau hosted on October 26 the 3rd round of negotiations concerning the agreement on Moldova’s joining to the European Common Aviation Area (ECAA), which ended with the signing of the memorandum of consultations between the parties involved and the initialling of the agreement. The agreement signing procedures will be completed in February-March 2012, after EU member states will give a green light and afterwards the EU Council will decide its signing and enforcement. The initialled draft agreement was not published yet, but the similar agreement signed between Georgia and EU on December 2, 2010 allows conclusions that Moldova pledges to adjust the national legislation to European standards and to adopt the EU regulations on security, safety and management of air traffic, protection of consumers, to remove monopoly in area of air services, and to ensure a free competition in this sector. Therefore, Moldova will have to combat the current discrimination against European transporters and stop advantaging the Air Moldova Company in terms of prices of tickets, number of flights and destinations. EU will give a 10-year term to Moldova to implement all regulations of the agreement. EU will assess the progress two years after the signing of the agreement. A joint commission made of representatives of EU and Moldova will be in charge with the efficient management and implementation of the agreement.

Sitting of governmental commission for European integration

The governmental commission for European integration convened in a sitting on October 27 to discuss hot issues relating to the Moldova-EU political dialogue such as the joining to the European Common Aviation Area, the national plan on implementation of the Action Plan on Visa Liberalisation, as well as actions to be carried out with the purpose to open negotiations on a Deep and Comprehensive Free Trade Area with EU.

According to the governmental press service, commission members underlined key actions to be taken shortly. In particular, Moldova is expected to focus on key areas related to sanitary and phyto-sanitary aspects, normative framework on standardisation, quality infrastructure, competition policies, and financial-banking sector. In the context, it was noted the importance of implementing actions stipulated by the food security strategy for 2011–2015 approved under Government Decision No. 747 of October 3, 2011. As for negotiations on Deep and Comprehensive Free Trade Area, Moldovan authorities are due to submit the 3rd quarterly progress report to the European Commission by October 30.

Note by ADEPT: The Government maintains the practice of organising sittings of the governmental commission for European integration behind closed doors, without the participation of civil society which is not represented in the commission. Official communications released by the governmental press service are the only source of information in this respect.

Bilateral cooperation

Republic of Moldova — Ukraine

On October 5, the Supreme Rada of UkraineUA adopted the law concerning the ratification of the protocol between Governments of the two countries on modification of the agreement on recognition of rights and regulation of property relations, signed in August 1994. According to the agreement, the parties recognise the property rights to enterprises and other assets controlled by union-republican ministries in the former Soviet Union, as of December 1, 1990. The law will facilitate solutions to problems relating to Ukraine’s ownership on the Dnestrovsk-based hydropower down-comer and Moldova’s property on the granite quarry Pervomaysk and gravel and sand quarry in Chernautsy.

Republic of Moldova — China

Minister for Foreign Affairs and European Integration Iurie Leanca was on a working visit to China on October 11–14 to give an impulse to commercial-economic relations and attract Chinese investments in Moldova. While on visit, the Moldovan foreign minister had meetings with his Chinese counterpart Yang Jiechi, Deputy Premier Li Keqiang, and Chinese businessmen. According to a communication by MFAEI, the sides discussed possibilities to promote projects in common-interest areas such as energy, development of road infrastructure, agriculture, telecommunications, and IT, as well as ways to promote Moldovan wines in China and attract Chinese investments in Moldova. The Chinese Government pledged to keep providing Moldova with technical assistance and to increase the number of scholarships for young Moldovans.

Republic of Moldova — Belarus

The Moldovan-Belorussian intergovernmental commission for commercial-economic cooperation held a sitting in Chisinau on October 13. The agenda included 16 issues such as attraction and mutual promotion of investments, extension of exports of bottled Moldovan wines and cognacs to Belarus, industrial cooperation. The sides signed 7 bilateral agreements after the sitting: 1) the intergovernmental agreement on reciprocal emplacement of diplomatic missions; 2) the cooperation agreement between the interethnic relations office of Moldova and the Belorussian authority for religion and nationalities; 3) the cooperation protocol between the Moldovan Export Promotion and Investment Attraction Organisation (MEPO) and the similar organisation of Belarus, the national marketing and price conjuncture centre; 4) the cooperation programme between the Youth Ministries; 5) the agreement between the Chisinau City Hall and the trolley manufacturer SA “Белкоммунмаш”; 6) the cooperation protocol between the Chisinau City Hall and the Minsk executive committee; 7) the agreement between the “Agrofermoteh” Company and the Smorgon-based motor aggregate manufacturer concerning supplies for joint assemblage of modified Belarus tractors for orchards and vineyards.

Multilateral cooperation

Republic of Moldova — Council of Europe (CoE)
PACE session

A delegation from the Moldovan Parliament made of Deputies Valeriu Ghiletchi (PLDM), Igor Corman (PDM), Valeriu Munteanu (PL), Grigore Petrenco (PCRM) and Liliana Palihovici (PLDM) attended the autumn session of the Parliamentary Assembly of the Council of Europe (PACE) during October 3–6. The agenda included issues related to the impact of the Lisbon Treaty on the Council of Europe, cooperation between CoE and Arabian emerging democracies (Palestine was awarded the status of democratic partner), children’s rights, abuses in keeping state secret and national security. As well, participants discussed the political situation in Balkans, Armenia, Belarus and Ukraine. PCRM Deputy Grigore Petrenco informed PACE President Mevlut Cavuşoglu during the session in connection with the PCRM position regarding the election of president and resolution of political crisis in Moldova, accusing the ruling alliance of blocking PCRM solutions to the crisis.

In the same period, the speaker of the Parliament, Moldova’s interim President Marian Lupu visited the Council of Europe and met there the CoE Secretary-General, PACE President, head of the European Court of Human Rights, head of the Congress of Local and Regional Authorities of CoE, and head of the Venice Commission. The political situation in Moldova, cooperation between Moldova and CoE, the end of the CoE monitoring on Moldova, and the passage to the post-monitoring stage, prospects of settling the constitutional problem, and reformation of justice were key topics that Marian Lupu approached during meetings with European officials.

ECHR decisions

The European Court of Human Rights (ECHR) pronounced judgements on following applications in October: Fomin vs. Moldova, Gorobet vs. Moldova and Rassohin vs. Moldova. It indicated violation of Article 6 (1) of ECHR (right to a fair trial) for applications Fomin vs. Moldova and Rassohin vs. Moldova, and violation of Articles 3 and 5 (1) of ECHR (prohibition of inhuman and degrading treatments and legality of detention) in the case Gorobet vs. Moldova. Overall, the Moldovan Government will have to pay 25,674 Euros to the applicants as damages.

Republic of Moldova — U.N.

The Working Group on the Universal Periodic Review made of 47 members of the U.N. Human Rights Council assessed the human rights in Moldova on October 12. Deputy Minister of Justice Vladimir Grosu led the Moldovan 7-member delegation. Moldova was assessed on the basis of the national report submitted by Moldovan Government, a compilation of reports by specialised U.N. institutions prepared by the Office of the U.N. High Commissioner for Human Rights (OHCHR), as well as a summary prepared by OHCHR, which included information provided by local nongovernmental organisations. During the review sitting, the Moldovan delegation presented the report and latest developments related to the registration of the Islamic League and opening of public consultations on the antidiscrimination law, which were not included in the report. At the end of the presentation, 37 states released questions, comments and recommendations on human rights in Moldova, especially relating to torture, impunity for torture, trafficking in human beings, domestic violence, and rights of persons with physical, mental and intellectual disabilities, freedom of media, discrimination, and respect for human rights in the Transnistrian region. Moldova gave green light to 107 out of 122 recommendations, pledging to meet them before the next review in 2015.

Republic of Moldova — CIS

Sankt-Petersburg hosted on October 18 a sitting of the CIS council of premiers, attended by Prime Minister Vlad Filat. The agenda included issues relating to commercial and economic cooperation in CIS area, which turned into the signing of some agreements. The agreement concerning the free trade area between CIS member states which comes to replace the 1994 agreement is regarded as the No.1 accord. The new agreement is based on norms and regulations of the World Trade Organisation (WTO) and aims to reduce the number of products liable to import customs fees and to fix up the effective taxes, to simplify the legal framework on commercial-economic relations of CIS member states by cancelling some bilateral and multilateral documents which regulate the free trade exchange in the CIS area. Moldova signed the agreement concerned along with other CIS members. The sitting signed 28 acts, including the agreement concerning basic currency regulation and control principles in CIS area, the decision concerning the concept on strategic railway transport development in the Commonwealth until 2020, a series of documents on cooperation in the area of food security, migration policies, and social development.

Note by ADEPT: By signing the agreement on the free trade area between CIS member states, Moldova could improve its relations with the Russian Federation, which were deteriorated by the Baghirov case.

September 1–30, 2011