PURPOSE: to sign, on behalf of the Union, the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.
PROPOSED ACT: Council Decision.
BACKGROUND: in accordance with Regulation (EU) 2016/1624 of the European Parliament and of the Council, in cases where it is envisaged that European Border and Coast Guard teams will be deployed to a third country in actions where the team members will have executive powers, or where other actions in third countries require it, a status agreement is to be concluded by the Union with the third country concerned. The status agreement should cover all aspects necessary for carrying out the actions.
On 16 October 2017, the Commission received the Council authorisation to open negotiations with Montenegro on a status agreement for actions carried out by the European Border and Coast Guard Agency in Montenegro. The negotiations were successfully finalised by the initialling of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.
CONTENT: the proposal for a Council Decision constitutes the legal instrument for the signing of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.
Under this Agreement, the European Border and Coast Guard Agency shall be able to deploy European Border and Coast Guard teams with executive powers in Montenegro to carry out joint operations, rapid border interventions or return operations.
The status agreement covers all aspects necessary for the implementation of the actions. In particular, it shall indicate the scope of the operation, civil and criminal liability, as well as the tasks and powers of the team members. The status agreement shall ensure the full respect for fundamental rights during these operations.
For more details on the content of the agreement, please refer to the summary of the initial legislative proposal for the conclusion of the agreement dated 21.2.2019.