EU-MOLDOVA PARLIAMENTARY COOPERATION COMMITTEE SEVENTEENTH MEETING June 2013 BRUSSELS. Co-Chairs: Mrs Monica MACOVEI and Mr Ion HADÂRCĂ

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1 EU-MOLDOVA PARLIAMENTARY COOPERATION COMMITTEE SEVENTEENTH MEETING June 2013 BRUSSELS Co-Chairs: Mrs Monica MACOVEI and Mr Ion HADÂRCĂ Final Statement and Recommendations pursuant to Article 89 of the Partnership and Cooperation Agreement Under the co-chairmanship of Mrs Monica MACOVEI (EPP, European Parliament) and Mr Ion HADÂRCĂ (Liberal Party, Republic of Moldova) the seventeenth meeting of the EU-Moldova Parliamentary Cooperation Committee was held in Brussels on 17 and 18 June The Committee exchanged views with Mr Eugen CARAS, Ambassador of the Republic of Moldova to the European Union, representing the Government of the Republic of Moldova, Mr Gunnar WIEGAND, Director, European External Action Service, Mr Luc DEVIGNE, Head of Unit, European Commission, Directorate General for Trade and Mr Robertus ROZENBURG, Deputy Head of Unit, European Commission, Directorate General for Home Affairs on behalf of the European Union. The Parliamentary Cooperation Committee: The relations between the European Union and the Republic of Moldova 1. Takes notes of the deepening of relations between the EU and the Republic of Moldova since 2009 as well as the commitment of the Republic of Moldova to build sustainable democracy; acknowledges its European aspirations, including pursuant to Article 49 of the Treaty on the European Union; calls on the EU and its Member States to continue supporting its work to consolidate a sustainable democracy and market economy in the Republic of Moldova; recognises that the European perspective of Moldova should go hand in hand with the implementation of structural reforms, that could be a valuable lever and a catalyst for public support for these reforms; 2. Calls on the EU Heads of State and Government meeting at the Eastern Partnership Summit in November 2013 in Vilnius to state their support for a continued deepening of integration of the Republic of Moldova with the EU; calls on the European Commission and the Moldovan Government to initial the EU-Moldova Association Agreement including the Deep and Comprehensive Free Trade Area (DCFTA), before the Vilnius Summit and recommends them to undertake all the necessary efforts to prepare the Agreement for the signature in 2014; 3. Welcomes the appointment of a new Pro-European government of the Republic of Moldova which brought to an end the political crisis of the last months; stresses that the consolidation of democracy is of crucial importance for the people of the Republic of Moldova, and for the further deepening of its relations with the EU; calls therefore on the Moldovan authorities to continue reforms contributing to the strengthening of D-MD\DV\940489\EN 1

2 democracy; calls on all political parties to ensure impartial, non-partisan and effective functioning of all state institutions; 4. Calls on both the EU and the Republic of Moldova to join their efforts to making evident that the reforms undertaken by the Republic of Moldova in line with the Association Agenda will serve the interests of its citizens, in particular by developing stable and impartial institutions, creating favourable economic opportunities and improving social cohesion and solidarity; underlines, in this regard, that the support of Moldovan citizens to the European path of the Republic of Moldova is crucial and requires confidence in the reforms and their benefits; 5. Welcomes the conclusions of the report of 20 March 2013, by the European Commission and the EU High Representative for Foreign Affairs and Security Policy, assessing the progress of the EU-Moldova European Neighbourhood Policy Action Plan in 2012; commends the Moldovan Government for addressing most of the recommendations contained in the ENP Progress Report 2011; emphasises that the key recommendations of the 2012 report encompass objectives covering democratic institution-building, judiciary, the respect for human rights, business climate and economic modernisation and the fight against corruption; underlines that these recommendations are fully in line with the objectives of the National Development Strategy "Moldova 2020" and calls on the Moldovan authorities to step up efforts to achieve this strategic vision; 6. Takes the view that the pace of the reforms engaged in the Republic of Moldova since 2009 allows it to benefit most from its cooperation with the EU through the European Neighbourhood Policy, on the basis of the 'more for more' principle; welcomes that the Eastern Partnership Integration and Cooperation Programme adopted in 2012 has provided additional financial support to the reforms; recommends the EU to reinforce this merit-based approach as a political line for the future European Neighbourhood Instrument during the period and in general for its financial support channelled through the ENP; recommends the European Commission to ensure timely allocation of the financial support; 7. Expresses satisfaction that the negotiations on the EU-Moldova Association Agreement, including the Deep and Comprehensive Free Trade Area (DCFTA) have been completed, ahead of the schedule set by the Eastern Partnership roadmap to the autumn 2013 summit; recalls that the initialling is only a first step ahead of the actual signing and entry into force of the Agreement; therefore, encourages the European Commission to take all further preparatory steps in order to proceed without delays to the signing, and possibly, to the provisional application of the Agreement or parts of it; 8. Calls on the European Commission to present for discussion with the Moldovan Government and subsequent approval the 'Association Agenda', which has to provide actions and measures for a successful implementation of the EU-Moldova Association Agreement; reiterates, in this regard, the recommendation to the European Commission to provide tailor-made expertise and financial support to the Moldovan competent bodies responsible for the 'Association Agenda'; 9. Welcomes the consent on 18 April 2013 by the European Parliament to the conclusion of the Agreement finalised in March 2012, amending the EU-Moldova Visa Facilitation Agreement; welcomes that the amended Agreement exempts Moldovan citizens holding biometric service passports from visa requirement for short stays within D-MD\DV\940489\EN 2

3 the EU and also allows wider categories of applicants, such as representatives of civil society, journalists, participants in cultural-educational projects, to benefit from a visa waiver; stresses that the amended Agreement is a new step forward in favour of peopleto-people contacts, economic development and security; encourages the Moldovan authorities to implement targeted information campaigns in order to allow people to enjoy the advantages of their new rights to travel to the EU; 10. Welcomes the decision on 19 November 2012, by the EU Council to launch the assessment of the second phase of the EU-Moldova Action Plan on Visa Liberalisation; congratulates Moldova on the very substantial progress achieved and the early completion of the first phase of the Visa liberalisation; welcomes that the newly endorsed Moldovan Government maintains ambitious objectives for accomplishing the Action Plan and recommends that a maximum number of highly qualified officials and necessary budget resources be dedicated to this Plan; encourages the European Commission to provide a first report on the progress on the second phase of the Action Plan, at the occasion of the meeting of the EU-Moldova Cooperation Council to be held on 25 June 2013 in Luxembourg; 11. Welcomes the signature on 15 May 2013 of a Memorandum of Understanding between the European Anti-Fraud Office (OLAF) and the Moldovan Customs Service aiming at fostering their cooperation, mutual exchange of information as well as joining efforts in the fight against cross-border crimes; considers that the increasing cooperation between these two institutions is instrumental to the visa liberalisation process; 12. Welcomes the developing cooperation between the EU and the Republic of Moldova in the area of the EU Common Security and Defence Policy (CSDP), which was marked by the signature on 13 December 2012 of the Framework Agreement for the participation of the Republic of Moldova in EU CSDP missions and operations; takes note of the European Commission s Joint Communication of 20 March 2013 entitled Working towards a Stronger Partnership which reaffirms the EU s commitment to make CSDP engagement part and parcel of the ENP and to address protracted conflicts in the EU neighbourhood, for example Moldova; 13. Welcomes the decision on 5 December 2012 of the Ministerial Council of the Energy Community to extend the deadline for the implementation by the Republic of Moldova of ownership unbundling rules in the gas sector until the 1st January 2020; calls on the European Commission to expand its support to the Republic of Moldova in implementing the EU Third Energy Package and also to contribute to gradually alleviate its current dependence on a single supplier which also owns transmission networks in the gas sector; 14. Welcomes deeper policy-specific sector cooperation, in particular the signing of the Common Aviation Area Agreement, the first sectorial bilateral agreement signed between the EU and Moldova; expresses its confidence that Moldova s accession to the Common Aviation Area will open up new business opportunities for Moldova air companies and increase the travel security for its citizens through compliance with EU standards; 15. Commends the auspicious cooperation on the negotiation of the Association Agreement, between the European Commission's negotiation team and the European Parliament and calls for this cooperation to be upheld in agreement with Article 218, paragraph (10) of the TFEU (Treaty on the Functioning of the European Union), which D-MD\DV\940489\EN 3

4 provides that the European Parliament should be fully informed at each step of the procedure; Internal developments in the Republic of Moldova 16. Welcomes the endorsement given by the Moldovan Parliament on 30 May 2013 to the Moldovan Government headed by Prime Minister Iurie Leancă, and the formation of the 'Pro European Coalition', which stated in its founding document that continuing the European integration course is a national priority for the Republic of Moldova; calls on the new Government and the Pro European Coalition to pursue further the European integration agenda, especially by consolidating democratic institutions, the rule of law and respect for human rights, as well as achieving major progress in economic, social and educational areas; 17. Welcomes the election of the President of the Moldovan Parliament on 30 May 2013; recognises the efforts made to end the political crisis in recent months, by putting the interests of citizens over those of political parties and by preserving the European course of the Republic of Moldova; calls on all political forces to pursue a constructive political dialogue in order to ensure the long-term stability of democratic institutions; 18. Notes the Moldovan Parliament's decisions of 3 May 2013, regarding the draft amendment to the Law on the Constitutional Court of Moldova and legislative changes applying to the electoral law, the powers of the then-acting Prime Minister and the statute of the National Anti-Corruption Centre; emphasises that it is essential that changes to the constitutional bodies and division of powers meet European standards; stresses that it is of paramount importance that the Constitutional Court and all judicial and law enforcement bodies be immune from political influence and their professionalism and independence be guaranteed; calls on the Moldovan Parliament to consult with the civil society, relevant national and international actors, including the Venice Commission of the Council of Europe when proceeding with further readings of the draft amendments to the Law on the Constitutional Court; 19. Takes note of the Moldovan Constitutional Court decision on 22 April 2013 on the constitutionality of the Presidential decree regarding the nomination of a candidate for the function of Prime Minister; recommends that this decision be evaluated by the Venice Commission of the Council of Europe; 20. Takes note of the joint opinion on 11 March 2013 by the Venice Commission of the Council of Europe and the Office for Democratic Institutions and Human Rights, whereby they consider that the draft legislation pertaining to financing political parties and election campaigns meets many of the international standards and good practices in those fields; calls on the Moldovan Parliament to take into account the key recommendations of the Venice Commission in adopting this legislation; 21. Deplores the allegations, inquiries and suspicions of wrongdoing and corruption within the Moldovan political class, the public administration and judiciary diffused since early 2013, that harmed the democratic debate and contributed to undermining public confidence in political leaders and public institutions; calls upon the Moldovan investigative authorities and judiciary to undertake thorough, impartial and timely investigations and judicial proceedings to clarify allegations of corruption or other crimes, in order to establish the judicial truth based on evidence and to gain the public confidence by equally applying the law to all; D-MD\DV\940489\EN 4

5 22. Expresses its confidence that the Republic of Moldova will intensify its fight against corruption in particular by reforming the prosecution and law enforcement and the judiciary, as well as by ensuring a fully independent functioning National Anti- Corruption Center, in line with the key recommendations of the ENP Progress Report 2012; recalls that structural reforms in the areas of judiciary, public administration, law enforcement, the fight against corruption and organised crime are crucial to build people's confidence in institutions and to strengthen the country's economic attractiveness and business climate; 23. Emphasises that the strengthening of the independence, integrity and impartiality of the judiciary is a core priority of the comprehensive justice sector reform strategy adopted in October 2011; calls on the Moldovan Government to intensify efforts in pursuing the implementation of the Strategy and its Action Plan; 24. Welcomes the improvements regarding freedom of expression and media pluralism, which have resulted from the implementation of the Law No. 64 of 23 April 2010 on Freedom of Expression; encourages the Moldovan authorities to make further efforts to increase the impact of the Law on judicial and media practices; stresses the importance of ensuring a right balance in legislation and its application, between the guarantee of freedom of expression and the protection of dignity and private life of individuals; underlines, in this regard, the positive role that the Press Council plays in combating the attacks against media made by some officials, as well as mediating conflicts between media publishers and citizens; 25. Encourages the Moldovan Government to engage in new reforms in the media area, in particular with regards to the broadcasting code and the public broadcast; expresses the opinion that changes in these specific areas should in particular tackle the issue of transparency of the ownership of radio stations and television channels and further ensure and promote the neutrality of the public broadcast; 26. Takes note of the judgments on 11 February 2013 by the Court of Appeal in Chisinau, and on 2 May 2013 by the Supreme Court of Justice, considering as lawful the decision of the Audiovisual Coordination Council's decision to withdraw the broadcasting licence of the NIT television channel for alleged breaches of the pluralism principles; emphasises that Moldovan authorities and all political forces must ensure and respect the full and effective independence of the Audiovisual Coordination Council; 27. Notes the entry into force on 1st of January 2013 of the Law on Ensuring Equality, adopted by the Moldovan Parliament on 25 May 2012; regrets that this law omits sexual orientation, gender identity and state of health from the list of forbidden grounds of discrimination; encourages the Moldovan Government to ensure the implementation of the National Human Rights Action Plan, and to bring the respective legislation and practice in line with international human rights standards, in order to ensure the respect of rights of all minorities and to combat any forms of discrimination; underlines that any legislative changes to the Law on Ensuring Equality, which would go against or weaken its anti-discrimination provisions, would undermine the process on visa liberalisation with the EU; 28. Takes note of the judgement on 5 June 2013 by the Constitutional Court, which found unconstitutional the Moldovan Law No. 192 of 12 July 2012, prohibiting the use of the communist "insignia" for political purposes; recommends that consultations with D-MD\DV\940489\EN 5

6 the Venice Commission of the Council of Europe take place in preparing future legislation that may affect the use of symbols in political life; 29. States to the authorities of the Republic of Moldova the need of strict follow of the recommendation of 31 October 2001, of the Committee of Ministers of the Council of Europe on history teaching in twenty-first-century Europe; 30. Regrets that four years after the events of April 2009, the Prosecutor General s Office and the Ministry of the Interior have not rendered conclusions of their investigations on the severe violations of human rights during the riots and street protests that followed the 5 April 2009 elections, and calls again on them to finalise those investigations in order to ensure accountability and to bring to justice the perpetrators of crimes and alleged murder, torture and ill-treatment; 31. Calls on the Government of the Republic of Moldova to pay particular attention to the situation of the disadvantaged social groups and to take urgent measures for combating poverty and social exclusion; 32. Takes note of the National Public Health Strategy in line with the EU policy framework - Health 2020; encourages the Moldovan Government to complete a longterm strategic vision for the health public sector, in order to improve population health and to ensure disease prevention and a more efficient public health system; 33. Encourages the Moldovan government to pursue sector reforms and regulatory approximation to the EU acquis in trade and trade-related areas preparing thus for the DCFTA implementation and continue the implementation of the law on State aid; 34. Notes the effort made in strengthening Moldova's energy security, in particular by diversifying its gas supplies; Regional cooperation 35. Welcomes the signing on 29 November 2012 of the Treaty on Cooperation on the Conservation and Sustainable Development of the Nistru River Basin between the Republic of Moldova and Ukraine, providing a cooperation framework to ensure the rational use and protection of water resources, the conservation of biodiversity and the ecosystems of the Nistru River Basin; 36. Welcomes the new project launched in February 2013 by the EU under its Instrument of Stability together with the authorities of Republic of Moldova, Turkey Bosnia-Herzegovina and Azerbaijan to boost the fight against organised crime and human trafficking, by promoting information sharing and enhancing cooperation among law enforcement agencies; 37. Welcomes the signature on 10 December 2012 of a 'Joint Statement on Partnership' between the European Union Border Assistance Mission to Moldova and Ukraine (EUBAM) and the National Customs Authority of Romania, by which they formalised and boosted their cooperation in order to strengthen EUBAM capacities in countering transnational organised crime, trafficking and smuggling; D-MD\DV\940489\EN 6

7 On the Transnistrian region 38. Welcomes the Statement on 7 December 2012 of the OSCE Ministerial Council, showing, for the first time since 2002, strong support to the negotiations in the 5+2 format for the settlement of the Transnistrian conflict; expresses satisfaction that by means of this Statement, the OSCE Ministerial Council put forward a vision for the resolution of the conflict, based on the sovereignty and territorial integrity of the Republic of Moldova; calls on the Ministers of Foreign Affairs of the OSCE participating States and the Ukrainian Chairmanship of the OSCE in 2013 to step up their collective effort in order to achieve a political breakthrough in the settlement process; stresses, however, that political statements and commitments must be followed by facts and action corresponding to the commitment; 39. Regrets that the previous recommendations on withdrawing the Russian military troops and replacing them with an international civil mission have not been fulfilled; urges the completion of the withdrawal of the Russian military troops from Moldovan territory; recalls that there is no conflict in the area; underlines that the ongoing presence of the Russian military troops in Transnistria contradicts the international commitments assumed by the Russian Federation at the OSCE Summit in Istanbul in 1999; believes that the withdrawal of those troops and the removal of the Russian Federation military depots of arms and ammunition from the Transnistrian region would be a significant and constructive step forward in the peace process; stresses that the replacement of the existing peacekeeping forces with an international civil mission is needed in order to build confidence and ensure the peaceful settlement of the conflict; 40. Is strongly concerned by the difficulties faced by eight Latin-script Moldovan schools functioning in the Transnistrian region; underlines that these Latin-script schools still face discriminatory laws and treatment and do not benefit from a fair status recognised by the Tiraspol authorities; calls on the Moldovan Ministry of Education and in particular the Tiraspol authorities to intensify their discussion within the resumed meetings of the bilateral Working Group on Education in order to secure a longstanding status for the schools; 41. Expresses its deep concern on the recent unilateral adoption of so called "Law on state border" by the so called "Transnistrian authorities", which creates new policy, military and administrative barriers and obstacles in the negotiations in the '5+2 format', consequently deepening the self-isolation of the region; calls the international partners involved in the negotiations process in the '5+2 format' to make use of their prerogatives for increased monitoring of the situation on the Security Zone and to prevent the so called "Transnistrian authorities" from unilateral actions and return to the negotiations table; 42. Welcomes the outcome, though limited, of the latest round of negotiations in the 5+2 format, in May 2013 in Odessa, which includes a protocol decision on the dismantling of the cableway crossing the Nistru River, at the towns of Rybnitsa and Rezina; 43. Calls all parties to the negotiations in the 5+2 format to engage at the earliest, a discussion on the basic principles leading to a peaceful resolution of the conflict; expects, in this regard, the next round of official negotiations scheduled on 16 and 17 July 2013 in Vienna to bring progress by setting an agenda of discussion on the third D-MD\DV\940489\EN 7

8 "basket" of negotiation topics, namely a comprehensive settlement, including institutional, political and security issues; 44. Stresses that the deepening of the EU-Moldova relations through the implementation of the future DCFTA will create new opportunities for the people in the Transnistrian region for investments and more jobs; emphasises that the DCFTA should apply to the whole territory of the Republic of Moldova and encourages the Moldovan competent authorities to provide appropriate assistance and information to all the people on the benefits of the DCFTA, so that they can fully benefit from the opportunities offered by the DCFTA. 45. Reiterates its call for all the participants to the negotiation process in the '5+2 format', in particular the European Union and the OSCE, to make sustained effort to prohibit the infringement by the so-called "Transnistrian authorities" of free movement throughout the whole territory of the Republic of Moldova and to eliminate all the barriers and permit the free movement on both sides of the Nistru river. Approved Pro 11 Against 3 on 18 June 2013, in Brussels. D-MD\DV\940489\EN 8