021711/EU XXVI. GP Eingelangt am 18/05/18

Council of the

European Union

Brussels, 17 May 2018 (OR. de)

10658/01 DCL 1

VISA 93 COMIX 508

DECLASSIFICATION of document: ST 10658/01 RESTREINT dated: 13 August 2001 new status: Public Subject: Steps taken by the Romanian authorities to terminate the visa requirement for Romanian nationals entering EU States

Delegations will find attached the declassified version of the above document.

The text of this document is identical to the previous version.

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www.parlament.gv.at

COUNCIL OF Brussels, 23 July 2001 (13.08) THE (OR. de)

10658/01

RESTREINT

VISA 93 COMIX 508

NOTE from : German delegation to : Visa Working Party Subject : Steps taken by the Romanian authorities to terminate the visa requirement for Romanian nationals entering EU States

The German delegation hereby forwards to its partners a non-paper from the Romanian Government forwarded to on 27 June 2001.

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NON-PAPER

Steps taken by the Romanian authorities to terminate the visa requirement for Romanian nationals entering EU States

Ɣ In view of the positive decision taken by the Romanian Government, with the backing of the vast majority of the population, to follow the path towards European integration, the Romanian administration has started a comprehensive reform process with a view to harmonising legislation with European standards and developing and adopting European experiences in the relationship between public administration and citizens.

Ɣ Starting with the goal the Government has set itself of obtaining in 2001 the termination of the visa requirement for Romanian nationals travelling to EU States, all the preparatory measures are being taken, including the allocation of the necessary financial resources (over EUR 150 million just for this year). At the same time the measures taken have concentrated on eliminating illegal emigration from and through as well as fighting organised crime and other serious offences committed by Romanian nationals abroad, including in Germany.

Ɣ On the basis of the Government programme and the obligations assumed in close partnership with citizens, the Ministry of the Interior has set itself the following priorities:

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– setting up a legal and organisational framework, corresponding to the operational situation and efforts at harmonisation with the Community acquis, – modernising border surveillance, – combating infringements of the law, by improving the effectiveness of police structures.

Ɣ In the first 120 days of the Government the Ministry of the Interior took decisive steps with regard to adapting legislation to the EU regulations on border management and the control of illegal emigration. Legislation was brought into force to govern the status of aliens in Romania and to replace the old 1969 provisions. Readmission agreements were also reviewed. At the same time, strict measures for authorising visas for nationals of States with emigration potential were introduced, in order to eliminate the legal loopholes for "students" and "businessmen", whose actual objective was transit to the West. Thus, it was possible this year to increase the number of exit visas and of legal deportations, whereas an increased number of nationals of countries with higher migration potential were refused entry to Romania.

At the same time, work is under way on the completion of a pilot project which is part of the future computerised visa processing scheme. The computerised application which will be used in this system has already been completed and investments in equipment for the National Visa Centre and for 10 diplomatic or consular representations will be made by the end of this year.

According to German Police crime statistics for 2000 1, Romania occupies ninth place in the

1 See annexed table.

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hierarchy of identified foreign suspects in Germany and has equal ranking (1,9%) with Greece and Iran. The notable reduction in the involvement of in criminal offences in Germany (from 14,7% in 1992 to below 2% now) is primarily due to the excellent and consistent cooperation between the police authorities of both countries. Thanks to this factor, crime committed by Romanians in Germany is four times lower than by Poles and almost three times lower than the crime figure for Italians.

Ɣ In this connection, after reaching a peak (1993-1996), the number of Romanian nationals transferred back from Germany declined considerably:

1993 1994 1995 1996 1997 1998 1999 2000 up to 31 May 2001 25 701 11 295 8 196 10 592 8 746 5 435 4 503 3 308 1 157

Ɣ The Government of Romania intends to second internal affairs attachés and liaison officers, initially to the EU destination countries for Romanian migrants. A liaison officer for Germany has already been selected, and the details of his stay will be coordinated with the German authorities.

Ɣ According to recently published statistics from the Federal Centre for Foreign Trade Information on income differences in Europe, in which GDP in purchasing power parities is shown 2, it is clear that the standard of living in Romania is quite comparable to that in other East European countries in respect of which the abolition of the visa requirement has

2 See annexed table.

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automatically been granted (level with Latvia and Lithuania and considerably higher than in Bulgaria). This means that the economic pressure of illegal immigration from Romania is no greater than from the aforementioned countries. This is also apparent from a comparison of the number of illegal immigrants from Romania and Bulgaria, if the population of the respective countries is taken into account.

Ɣ Unrestricted movement without a visa for Romanian nationals will offer small and medium-sized undertakings new opportunities, particularly in connection with the further lowering of customs barriers in relation to the European Union aimed at in 2002, and will thus also contribute to a stronger recovery of the Romanian economy.

Ɣ With the support of German experts (Inspector Walter Sperner has been appointed adviser to the Romanian Minister of the Interior and took up his functions at the beginning of June), Romania is in the process of improving the border control system and the operational structures for the management of aliens in the country. The measures already taken in January 2001, straight after the Government came to power, have led to a notable increase in the success rate in the prevention of illegal emigration and international organised crime, compared to the previous year. At the same time, stricter controls were introduced with regard to the legality of residence in Romania for aliens not coming from EU Member States.

Ɣ Over the same period the Interior Ministry management tabled bills with Parliament concerning State border arrangements and the organisation and functioning of the border police (drawn up in cooperation with German experts), which will enter into force shortly. At

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the same time, the process of demilitarising the Interior Ministry structures was initiated. The Romanian Government has already prepared a public campaign for implementing measures regarding the return of illegal Romanian emigrants and the suspension of their passports. The Government of Romania has laid down legal standards for the extension of the maximum embargo on passports from 12 months to 3 years for Romanian nationals who have committed offences abroad.

Ɣ To meet the objectives of the Ministry of the Interior (Romania is to be a pre-Schengen State), the border police are currently undergoing a process of renewal and structural transformation, in which the experience of the Federal Republic of Germany is proving to be of great benefit. Since 1 June, the Romanian border police have a new organisational formula which came about as a result of an institutional twinning scheme with the Federal Border Guard.

Ɣ The Romanian authorities intend to reach Schengen standard as rapidly as possible (aiming at a time-scale prior to 2005). The introduction of this pre-Schengen policy is evidence of Romania's firm resolve and aspiration to join the European Union and effectively monitor the future 2070-km external EU border (with the Republic of Moldova, Ukraine, Yugoslavia and the Black Sea).

Ɣ By way of the personalisation of Romanian travel documents, planned in consultation with the Federal Ministry of the Interior (BMI) to take effect shortly, the appropriate Schengen standard will be achieved in this area. In this connection the Romanian Ministry of the Interior is taking as an example the Federal Republic of Germany's cooperation with other

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Central and Eastern European States, as well as the technical recommendations by BMI specialists. The new Romanian passport will contain 17 additional security features compared with the current version. At the same time, appropriate steps have been taken to ensure that the security of blank passports and application forms is guaranteed.

Ɣ The process of training the border police is well under way and is primarily aimed at the eastern and northern borders. An initial phase involved replacing 1 657 soldiers on military service with 863 professional border policemen.

Ɣ The Romanian authorities undertake to accept illegally resident Romanian individuals, including stateless persons of Romanian origin, and also to approve – on the basis of readmission agreements – the return to Romanian territory of nationals of third States illegally resident in the EU.

Ɣ The Romanian authorities have undertaken to refuse requests to give up citizenship if there is no evidence that the applicants have already been granted another citizenship or that it will shortly be granted.

Ɣ Romania has made important progress in extending readmission agreements. At the beginning of this year, corresponding agreements with Finland, India, Bulgaria and Ireland entered into force. In addition to the 12 already existing readmission agreements with EU Member States, such agreements with Portugal and Great Britain will shortly be concluded and the agreement with Austria has been renewed and is ready for signing. At the same time the Government has created the legal basis for negotiation and signature of new agreements with all the States which pose an increased emigration risk.

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Ɣ The Ministry of the Interior has launched a programme for combating corruption, according to a strategy with the following aims: – identification of the actual scope of this phenomenon and development trends; – setting-up of an integrated scheme for combating corruption, incorporated into the Ministry of the Interior; – completion of the regulatory framework with provisions for preventing and fighting corruption; – joint definition, with the social partners, of the best methods of cooperating to fight corruption.

Ɣ In the first three months of this year, disciplinary action was taken against 2 200 police officers. Of this total, 81 were brought before court, including for corruption. The Interior Ministry management removed 110 authorising officers from office.

Ɣ In 2001 the Ministry of the Interior took a few other measures designed to lead to better cooperation between the institutions. The most important are as follows: – the border police and the National Office for Refugees signed a protocol allowing for joint checks on passengers alighting from aircraft, in the case of flights arriving from States with emigration potential; – the Romanian border police signed a protocol with TAROM – the most important airline operating at Otopeni international airport – for the training of its officials who carry out travel document checks at the airports in Amman, Damascus, Cairo, Tripoli and Istanbul; – under the National Office for Refugees, a team of interpreters of unusual dialects was set up.

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Ɣ The measures for which provision has been made in the action plan for the liberalisation of tourism and business travel in the European Union and which have been agreed with the European Commission and the German authorities, are being implemented in accordance with the deadlines set.

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Extract from the police report on crime in 2000 by the Federal Ministry of the Interior (page 31)

Proportion of non-German suspects Nationality Total 2000 2000 1999 1998 1997 1996* 1995* 1994* 1993* 1992* 1991*

1. Turkey 119 907 20,4 20,4 20,2 20,0 21,9 21,3 19,4 15,8 17,9 20,8 2. Yugoslavia** 78 453 13,3 16,0 13,6 12,3 14,1 13,9 15,7 16,1 16,3 12,9 3. Poland 44 243 7,5 7,5 8,4 9,5 8,3 8,8 8,0 6,9 8,1 8,8 4. Italy 27 137 4,6 4,5 4,4 4,3 4,7 4,5 4,2 3,6 4,3 5,3 5. Russian 13 564 2,3 1,9 2,1 2,0 1,7 1,7 2,1 2,2 – – Federation *** 6. Ukraine *** 12 602 2,1 2,0 2,0 1,8 0,9 0,9 1,1 0,8 – – 7. Iraq 12 012 2,0 1,8 1,8 1,8 0,8 0,6 0,3 0,2 0,2 0,2 8. Greece 11 148 1,9 1,8 1,7 1,7 1,9 1,9 1,8 1,6 1,9 2,2 9. Romania 11 059 1,9 1,8 2,3 3,2 3,1 4,0 5,7 14,4 14,7 9,8 10. Iran 10 992 1,9 1,7 1,6 1,6 1,7 1,5 1,4 1,2 1,4 2,0 11. Bosnia- 10 579 1,8 2,0 2,7 3,4 4,2 4,5 3,5 1,8 – – Herzegovina 12. Croatia 9 993 1,7 1,7 1,7 1,7 1,9 2,0 1,8 1,1 – – 13. Afghanistan 9 695 1,6 1,4 1,2 0,9 0,8 0,8 0,6 0,5 0,4 0,6 14. Lebanon 8 862 1,5 1,5 1,5 1,5 1,6 1,6 1,5 1,4 1,8 2,8 15. Morocco 8 444 1,4 1,4 1,4 1,4 1,6 1,6 1,6 1,4 1,6 1,6 16. Vietnam 8 208 1,4 1,6 1,6 1,5 1,4 1,6 1,7 1,3 0,8 0,6 17. Czech Republic **** 6 962 1,2 1,1 1,1 1,1 1,0 1,1 1,2 1,6 2,0 2,7 18. Algeria 6 956 1,2 1,2 1,3 1,2 1,3 1,5 2,1 2,6 1,1 0,6 19. Albania 6 768 1,1 1,2 1,1 1,1 1,2 1,2 1,4 1,5 1,3 1,2 20. India 6 669 1,1 1,0 1,1 1,1 1,0 0,9 0,8 0,7 0,8 1,2 21. Austria 6 324 1,1 1,0 1,0 1,0 1,1 1,0 1,0 1,0 1,1 1,3 22. Other ***** 158 532 26,9 25,5 26,2 26,1 23,9 23,1 23,1 22,3 24,3 25,4 589 109 100,0 100,0 100,0 100,0 100,0 100,0 100,0 100,0 100,0 100,0 Total non-German suspects 589 109 601 221 628 477 633 480 540 680 526 539 531 348 608 376 509 305 405 545

* Old Länder including ; from 1997, entire federal territory. ** From 1993 excluding Bosnia-Herzegovina, Croatia and Slovenia; from 1994 excluding Macedonia. These nationalities have since been recorded separately. *** The figures are too low as suspects from these States are still partly recorded under the former nationality "Soviet Union". **** Until 1993 Czechoslovakia; from 1994 excluding Slovak Republic. ***** Including unknown nationalities and stateless persons.

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Income differences in Europe

State Inhabitants * GDP per capita ** Germany 82,3 106 Great Britain 59,8 103 France 59,5 98 Italy 57,9 103 Spain 39,5 81 Netherlands 16,0 115 Greece 10,6 67 Belgium 10,3 110 Portugal 10,0 74 Sweden 8,9 102 Austria 8,1 110 Denmark 5,4 119 Finland 5,2 101 Ireland 3,8 111 Luxembourg 0,4 181 Poland 38,6 39 Romania 22,4 27 Czech Republic 10,3 59 10,0 51 Bulgaria 8,1 23 Slovak Republic 5,4 48 Lithuania 3,7 29 Latvia 2,4 28 Slovenia 2,0 71 Estonia 1,4 36 Cyprus 0,7 82 Malta 0,4 52 Turkey 64,0 29

* In 2000 (in millions). ** Gross domestic product in purchasing power parities (per capita economic performance, adjusted by cost-of-living differences; EU average = 100%) in 1999.

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