EU/Serbia Agreement: operational activities carried out by the European Border and Coast Guard Agency in Serbia

2024/0074(NLE)

PURPOSE: to conclude, on behalf of the Union, the Agreement between the European Union and the Republic of Serbia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Serbia.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: pursuant to Article 73(3) of Regulation (EU) 2019/1896 of the European Parliament and of the Council, in circumstances requiring the deployment of border management teams from the standing corps of the European Border and Coast Guard to a third country where the members of the teams will exercise executive powers, a status agreement is to be concluded by the Union with the third country concerned on the basis of Article 218 of the Treaty on the Functioning of the European Union.

In accordance with a Council Decision, the Agreement between the European Union and the Republic of Serbia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Serbia was signed, subject to its conclusion at a later date.

It is therefore necessary to approve the Agreement.

CONTENT: the draft Council Decision concerns the conclusion of the Agreement between the European Union and the Republic of Serbia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Serbia.

The provisions of the agreement cover all aspects that are necessary for carrying out the actions of border management teams from the standing corps deployed to a third country where the members of the teams will exercise executive powers, in particular, the scope of the operation, provisions on civil and criminal liability, the tasks and powers of the members of the teams, measures related to the establishment of an antenna office and practical measures related to the respect of fundamental rights.

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part. Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. It will decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.