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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 7, 2015 No. 429

About approval of the Regulations on System of coordination of safety on border

(as amended of the Order of the Government of the Republic of Moldova of 21.11.2018 No. 1145)

In pursuance of article 2 of the Law No. 112 of July 2, 2014 on ratification of the Agreement on association between the Republic of Moldova, on the one hand, both the European Union and European Atomic Energy Community and their state members, from other party (The official monitor of the Republic of Moldova, 2014, Art. No. 185-199, 442), the Government DECIDES:

1. Approve Regulations on System of coordination of safety on border it (is applied).

2. This resolution becomes effective after 6 months from the date of publication in the Official monitor of the Republic of Moldova.

Temporarily acting as Prime Minister

Natalia Hermann

Countersign:

Minister of Internal Affairs

 

Oleg Balan

Minister of Finance

Anatol Arapu

Approved by the Order of the Government of the Republic of Moldova of July 7, 2015 No. 429

Regulations on System of coordination of safety on border

The regulations on System of coordination of safety on border partially transpose Regulations (EU) No. 1052/2013 of October 22, 2013 the European Parliament and Council about establishment of the European system of border control (EUROSUR) published in the Official magazine of the European Union by L 295 of November 6, 2013.

I. General provisions

1. The regulations on System of coordination of safety on border (further – the Provision) install System of coordination of safety on border, and also the related framework of interinstitutional, national and international cooperation.

2. Coordination of safety on border provides coordination of specific activities, actions and transactions on border, other related actions, and also cooperation in their framework.

3. The cooperation of all categories within coordination of safety on border pursues the approved or joint organization and holding actions in areas, of common interest; mutual operational support; data exchange and information, risk analysis and in other areas, of common interest; interaction in ascertaining of threats and risks; joint participation in increase in level of awareness on situation and capability of the current actions, planning of anticipatory measures and response measures on border for the purpose of identification, prevention and fight against cross-border crime and illegal migration; promotes ensuring protection and rescuing of lives.

4. This Provision is applied in the field of coordination of safety on border of the Republic of Moldova in the way:

1) continuous monitoring at the level of Boundary police, and also by participation, depending on situation, other bodies of system of the integrated management of frontier, events which took place on frontier or in connection with safety on border for knowledge of situation and increase in potential of actions;

2) organizations and carrying out collateral actions and specific transactions;

3) coordination between bodies of system of the integrated management of frontier, and also other partners of actions and measures for the prevention and

to suppression of cross-border crime and illegal migration, other illegal actions concerning safety on border;

4) implementation of activities for collection, conversion, storage and data exchange and information concerning coordination of safety on border;

5) interinstitutional, national and international cooperation in the field of coordination of safety on border.

5. The system of coordination of safety on border establishes the basis necessary for operational correlation, cooperation and data exchange and information in boundary region between bodies of system of the integrated management of frontier, with the coordination centers of member states of the European Union (EU), the European agency on management of operational cooperation on external borders of member states of the European Union (FRONTEX), and also the coordination centers of other states.

6. This regulation regulates System of coordination of safety on border which consists from:

1) institutional base of coordination of safety on border;

2) operational base of coordination of safety on border.

7. In case of application of this provision partners respect the rights and fundamental freedoms of the person, providing priority to the persons which are needing international protection and being in vulnerable provision.

8. In case of application of this provision the Operational coordination center and partners respect the national and international rules in the field of personal data protection and the state secret.

9. The terms used in this Provision mean the following:

1) partners – national authorities of system of the integrated management of frontier which cooperate with Boundary police according to the current legislation and interinstitutional agreements; the bodies of foreign states, international missions and the organizations cooperating with Boundary police on the basis of international agreements;

2) productive actions and response measures – the capacity of Boundary police and partners, including the concept, procedures, forces and the means necessary for implementation of the current actions in the field of safety on border, organizations of pro-active actions and establishment of response measures of reaction;

3) the Operational coordination center – division within head department of operational management of the General inspectorate of Boundary police. This structure promotes participation of divisions of Boundary police, Ministry of Internal Affairs, Customs Service and other bodies of system of the integrated management of frontier in activities for coordination of safety on border;

4) the request from the authorities – request, and also information transfer by partners to the Operational coordination center;

5) understanding of situation – capability of Boundary police and bodies of system of the integrated management of frontier to monitorizirovat, find, distinguish, trace and to understand illegal cross-border actions. It is performed for the purpose of operational reasons for the current actions, designing of pro-active measures and response measures in the boundary sphere on the basis of combination of the existing knowledge with new information, and also for improvement of quality of management of specific risks;

6) cross-border crime – the criminal activities performed by citizens in the territory of one or several foreign states;

7) situational picture – system which provides in real time or with delay, depending on situation, the interface, the description, graphical creation and representation on areas or in general, as necessary, data and information of Boundary police and data obtained from different partners, sensors, sources, platforms and other sources for the purpose of understanding of situation and increase in capacity to act of pro-active actions and response measures on frontier;

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