ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 18, 2024 No. 862

About realization of provisions of the Law No. 28/2024 on frontier of the Republic of Moldova

Based on Item b) parts (2) article 63 of the Law No. 28/2024 on frontier of the Republic of Moldova (The official monitor of the Republic of Moldova, 2024, Art. No. 93-95, 139) DECIDES: the Government

This resolution:

- shifts Article 19-20; appendix III, Items 1.1.1-1.1.3 of appendix VI; Item 1. 2, Item 2, Item 3, Item 3.2 and Item 7 of appendix VI to Regulations (EU) 2016/399 European Parliament and Council of March 9, 2016 about the Code of the Union about the mode of crossing by people of borders (The Schengen code about borders) CELEX: 32016R0399, published in the Official magazine of the European Union by L 77 of March 23, 2016, with the amendments made by Regulations (EU) 2024/1717 European parliament and Council of June 13, 2024;

- shifts Articles 2 and 3; part (2) Article 20; Article 22; Article 24; parts (2) and (5) Articles 34, Article 39; part (1) Article 40; Article 48; Article 50; Article 52; Article 53; Item and) parts (1) Article 58 and Article 59 of Regulations (EU) of 2018/1861 European parliament and Council of November 28, 2018 about creation, functioning and use of the Schengen information system (SIS) in the field of border control, No. 1987/2006, CELEX making amendments to the Convention on implementation of the Schengen agreement, and also modification and cancellation of Regulations (EU): 32018R1861, it is published in the Official magazine of the European Union by L 312 of December 7, 2018, with the amendments made by Regulations (EU) 2021/1152 European parliament and Council of July 7, 2021;

- shifts parts (2) and (3) Article 20; Article 22; parts (1) and (5) Article 26; parts (1) - (4) Article 32; parts (2), (3) and (4) Article 33; parts (1), (3), (4) and (5) Article 36; Items and) - e), g) parts (1) Article 37; Items a), b), k) and l) parts (2) Article 38; parts (1), (2), (4), (6), (7) and (9) Article 53; parts (1), (2), (4), (5) and (7) Article 54; parts (1), (2) and (4) Article 55; parts (1), (2) and (3) Article 63; Articles 72 and 73 of Regulations (EU) 2018/1862 European parliament and Council of November 28, 2018 about creation, functioning and use of the Schengen information system (SIS) in the sphere of cooperation on criminal cases between police and judicial authorities, about modification and cancellation of the Decision of Council 2007/533/JAI and cancellation of Regulations (EC) No. 1986/2006 of the European parliament and Council and the Decision of the Commission 2010/261/ES, CELEX: 32018R1862, European Union published in the Official magazine L 312 of December 7, 2018, with the amendments made by Regulations (EU) 2022/1190 European parliament and Council of July 6, 2022.

1. Approve:

1.1 Regulations on application of additional rules of border control according to appendix No. 1;

1.2 The rights, obligations and restrictions of the mode of frontier and the mode of border area according to appendix No. 2;

1.3 Rules of the mode at check points through frontier according to appendix No. 3;

1.4 Technical regulations of equipment of check points through frontier according to appendix No. 4;

1.5 Procedure for establishment of operational task according to appendix No. 5.

2. Declare invalid the Order of the Government No. 297/2017 about implementation of the Law No. 215 of November 4, 2011 on frontier of the Republic of Moldova (The official monitor of the Republic of Moldova, 2017, Art. No. 155-161, 374), with subsequent changes.

3. This resolution becomes effective since January 6, 2025.

Countersigns: Minister of Internal Affairs of the Republic of Moldova

Daniella Misail-Nikitin

 

Appendix No. 1

to the Order of the Government of the Republic of Moldova of December 18, 2024 No. 862

Regulations on application of additional rules of border control

I. General provisions

1. This Provision establishes:

1.1. rules of protection of frontier;

1.2. procedure for control when crossing frontier for separate categories of persons;

1.3. categories of persons in which travel documents are not sealed;

1.4. procedure for control when crossing border for certain types of border and vehicles;

1.5 conditions of crossing of border rescue-and-recovery forming of other states;

1.6 rules of registration of information;

1.7 special rules of use of the state unmanned aerial vehicles.

II. Supervision of frontier

2. Supervision of frontier is component of system of border control and represents complex of the specific actions planned and coordinated among themselves in time and space performed on permanent basis by Boundary police for the purpose of the prevention, identification, investigation and ascertaining of illegal actions, fight against illegal migration and cross-border crime on frontier.

3. For implementation of supervision of frontier, and also for prevention and suppression of unlawful activity on frontier the Boundary police uses and applies the staff, special means and weapon provided according to provisions of the regulatory base.

4. Specific rules of the organization and implementation of supervision of frontier are established by the chief of the General inspectorate of Boundary police according to provisions of the regulatory base.

5. The boundary police in the sphere of coordination of boundary safety provides continuous monitoring of the events which are taking place on frontier, awareness on situation, creation and updating of situational picture according to provisions of the regulatory base.

III. Procedure for control when crossing frontier for separate
categories of persons

Section 1. Heads of states and other high-ranking officials

6. Heads of States and Governments, members of national governments accompanied by spouses (spouses), and also members of their official delegations when crossing frontier are subject only to check of the first line.

7. The monarchs and other high-ranking members of royal family invited in the official purposes are subject only to check of the first line when crossing frontier.

Section 2. Pilots of planes and other crew members

8. Owners of licenses of pilots, and also certificates of the members of flight crew provided by Appendix 9 to the Convention on international civil aviation of December 7, 1944 in case of execution of the obligations and based on the specified documents can:

8.1 perform landing/disembarkation at the airport of stop or the airport of arrival located in the territory of the Republic of Moldova;

8.2 drive on the territory of the settlement of the Republic of Moldova in which the airport of stop or arrival, for a period of up to 72 hours is located;

8.3 move any kind of transport in the airport arranged in the territory of the Republic of Moldova for landing to the aircraft which takes off from this airport.

9. As far as possible, at the check point of air transport for the purpose of acceleration of control of crew members the priority in case of monitoring procedure when crossing frontier therefore they undergo control before control of passengers or in places specially allotted for this purpose is provided to them.

10. In other situations general legal statuses about conditions of crossing of frontier of the Republic of Moldova are applied to crew members.

Section 3. Seamen

11. The employee of boundary police permits the seamen having the identity certificate of the seaman issued according to international agreements and agreements which party is the Republic of Moldova, entrance on the territory of the Republic of Moldova and disembarkation to the coast in harbor area where there is their vessel moored or which is in the neighborhood of the port or departure from the territory of the Republic of Moldova to return on the vessel provided that they are entered in the list of crew members. The list of crew members and other relevant information are provided to Boundary police according to Item 48 provisions in advance.

12. On the basis of risk analysis, connected with safety of the state and fight against illegal migration, seamen before descending from the vessel, are subject to control when crossing frontier from boundary police according to the general legal statuses concerning conditions of crossing of frontier of the Republic of Moldova.

13. Seamen are subject to control when crossing frontier according to general legal statuses about conditions of crossing of frontier of the Republic of Moldova if they intend to move to other settlements, except the settlement where the port is located.

Section 4. Owners of diplomatic, official or service passports and members of the international organizations

14. Owners of the diplomatic passports issued by the foreign states recognized or accepted by the Republic of Moldova owners of the travel documents issued by the international organizations specified in Item 16, the travelers in the office purposes and also accompanying them family members can jump border control the line even if they should receive the entrance visa. Owners of these documents shall not produce the evidence about availability at them sufficient means of livelihood.

15. The boundary police asks the persons which arrived to border and declaring that they use privileges, immunities and other privileges to produce the evidence of the status by means of presentation of the certificates granted by the Republic of Moldova or the diplomatic passport. In the presence of doubts the boundary police officer has the right to appeal to the Ministry of Foreign Affairs to establish authenticity of the document issued by the ministry.

16. The accredited staff of diplomatic representations and consular establishments, and also members of their families can drive to the Republic of Moldova in case of presentation of the accreditation card and the existing travel document. The staff of boundary police cannot refuse to owners of diplomatic, official or service passports entrance/departure on the territory / from the territory of the Republic of Moldova without preliminary consultation with the Ministry of Foreign Affairs. The same procedure is applied and if in the national and international automated information systems record or the prevention concerning the corresponding person is made.

17. The documents issued by the international organizations in the office purposes are provided in appendix No. 2 to the Order of the Government No. 765/2014 about approval of the list of the travel documents necessary for foreigners for crossing of frontier of the Republic of Moldova.

Section 5. Cross-border workers

18. Cross-border workers who are known to frontier guards in connection with frequent crossings of frontier at the same check point and to whom boundary preventions / notifications in the national and international automated national and international information systems do not extend can be exposed only to boundary check of the first line to be convinced that they correspond to necessary conditions for entrance/departure to the Republic of Moldova / from the Republic of Moldova.

19. If necessary, periodically and through irregular periods cross-border workers shall be exposed to careful control and/or check of the second line on the border check-point.

Section 6. Minors

20. The minor citizens of the Republic of Moldova and minors which are subjects of set of grazhdanstvo, identifying themselves including citizens of the Republic of Moldova, are under protection of the state and provisions of the national legal system are applied to them.

21. Boundary police officers pay special attention to minors irrespective of, they travel in maintenance or without maintenance. The minors crossing border are subject to the same checks in case of entrance and departure, as adults, according to the national regulatory base.

22. In case of escort of minors accompanying persons shall produce the evidence of the right to accompany them abroad. The employee of boundary police checks availability of legal causes for escort of the minor according to provisions of article 1 of the Law No. 269/1994 on departure from the Republic of Moldova and entry into the Republic of Moldova. In the presence of reasonable suspicions concerning the right of person to accompany the minor the employee of boundary police makes more profound investigation for the purpose of detection of possible discrepancies or contradictions in the provided information, checking reliability of notarial action, researching the stamp witnessing the digital signature, and also other special measures provided by administrative acts of the General inspectorate of Boundary police.

23. In case of the minors traveling without maintenance according to part (3) article 1 of the Law No. 269/1994 on departure from the Republic of Moldova and entry into the Republic of Moldova, the boundary police by means of careful verification of travel documents and other supporting documents provides that minors did not leave the territory against the will of the legal representative or body of guardianship.

24. Anyway the frontier guard undertakes feasible measures for check for the purpose of establishment that minors are not the victims of human trafficking or kidnapping.

IV. Categories of persons in which travel documents are not sealed

25. In addition to the cases provided by parts (1) and (3) article 30 of the Law No. 28/2024 on frontier of the Republic of Moldova, the stamp about entrance or departure is not put down on:

25.1. ID cards of the citizens of the Republic of Moldova traveling based on international treaties;

25.2. travel documents of the inhabitants of the border territory using the mode of small border movement in case of presentation of permission to small movement;

25.3. travel documents of residents of the border areas using the simplified transit mode in case of confirmation of the residence;

25.4. travel documents of the accompanying personnel which are in the train;

25.5. identity certificates of the foreign citizens allowed for crossing of frontier of the Republic of Moldova.

V. Border control for certain types of borders and vehicles

26. For the purpose of ensuring effective control of persons and vehicles traffic is regulated as appropriate, separately for certain types of check points through frontier. If necessary the Republic of Moldova can sign bilateral agreements on regulation and blocking of traffic, and also about control when crossing border.

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