2013/296/EU: Council Decision of 13 May 2013 on the conclusion of the Agreement between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas

The Agreement between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision.

The President of the Council shall designate the person empowered to proceed, on behalf of the European Union, to the notification provided for in Article 2 of the Agreement, in order to express the consent of the European Union to be bound by the Agreement .

This Decision shall enter into force on the day of its adoption.

‘1 Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of five years to the following categories of persons: (a) members of national and regional Governments and Parliaments, of the Constitutional Court and Supreme Court if they are not exempted from the visa requirement by this Agreement, in the exercise of their duties; (b) permanent members of official delegations who, following an official invitation addressed to the Republic of Moldova, are to participate regularly in meetings, consultations, negotiations or exchange programs, as well as in events held in the territory of the Member States by intergovernmental organisations; (c) spouses and children (including adopted children), who are under the age of 21 or are dependent, and parents (including custodians) visiting citizens of the Republic of Moldova legally residing in the territory of the Member States or citizens of the European Union residing in the territory of the Member State of which they are nationals; (d) business people and representatives of business organisations who regularly travel to the Member States; (e) journalists and the technical crew accompanying them in a professional capacity. By way of derogation from the first subparagraph, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period, in particular where in the case of the persons referred to in point (a), the term of office, in the case of the persons referred to in point (b), the term of the validity of the status as a permanent member of an official delegation, in the case of the persons referred to in point (c), the period of validity of the authorisation for legal residence of citizens of the Republic of Moldova legally residing in the European Union, in the case of the persons referred to in point (d), the term of validity of the status as a representative of the business organisation or the work contract, or in the case of the persons referred to in point (e), the work contract is less than five years.

2 Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of one year to the following categories of persons, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited State: (a) members of official delegations who, following an official invitation addressed to the Republic of Moldova, are to participate regularly in meetings, consultations, negotiations or exchange programs, as well as in events held in the territory of the Member States by intergovernmental organisations; (b) representatives of civil society organisations travelling regularly to Member States for the purposes of educational training, seminars or conferences, including in the framework of exchange programmes; (c) members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Member States; (d) drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in the Republic of Moldova; (e) members of train, refrigerator and locomotive crews in international trains travelling to the territories of the Member States; (f) persons participating in scientific, cultural and artistic activities, including university and other exchange programs, who regularly travel to the Member States; (g) students and post-graduate students who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes; (h) participants in international sports events and persons accompanying them in a professional capacity; (i) participants in official exchange programmes organised by twin cities or other localities; (j) participants in official European Union cross-border cooperation programmes, such as under the European Neighbourhood and Partnership Instrument (ENPI). By way of derogation from the first subparagraph, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period.

3 Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of a minimum of two years and a maximum of five years to the categories of persons referred to in paragraph 2, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State unless the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, in which case the term of validity of the multiple-entry visa shall be limited to that period.’.

‘2 Without prejudice to paragraph 4 fees for processing the visa application are waived for the following categories of persons:’;

‘4 If a Member State cooperates with an external service provider in view of issuing a visa the external service provider may charge a service fee. This fee shall be proportionate to the costs incurred by the external service provider while performing its tasks and shall not exceed EUR 30. The Member States shall maintain the possibility for all applicants to lodge their applications directly at their consulates. The external service provider shall conduct its operations in accordance with the Visa Code and in full respect of Moldovan legislation.’.

Member States consulates may waive the requirement to appear in person, when the applicant is known to them for his integrity and reliability, unless the applicant is required to appear in person for the collection of biometric identifiers.’.

Citizens of the European Union and citizens of the Republic of Moldova who have lost their identity documents, or from whom those documents have been stolen while staying in the territory of the Republic of Moldova or of the Member States, may leave the territory of the Republic of Moldova or of the Member States on the basis of valid identity documents entitling them to cross the border issued by diplomatic missions or consular posts of the Member States or of the Republic of Moldova without any visa or other authorisation.’.

This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the last Party notifies the other that the procedures referred to above have been completed.