Considerations on COM(2018)797 - Conclusion of the status agreement with Serbia on actions carried out by the European Border and Coast Guard Agency in Serbia

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table>(1)In accordance with Council Decision (EU) 2019/400 (2), the Status Agreement between the European Union and the Republic of Serbia on actions carried out by the European Border and Coast Guard Agency in the Republic of Serbia (the ‘Agreement’), was signed on 18 and 19 November 2019, subject to its conclusion.
(2)Pursuant to Article 54(4) of Regulation (EU) 2016/1624 of the European Parliament and of the Council (3), in cases where it is envisaged that European Border and Coast Guard teams are to be deployed to a third country in actions where the team members have executive powers, or where other actions in third countries require it, a status agreement shall be concluded by the Union with the third country concerned. Such status agreement should cover all aspects that are necessary for carrying out the actions.

(3)Under the Agreement, European Border and Coast Guard teams, in accordance with the operational plan, can be swiftly deployed on the territory of the Republic of Serbia, respond to the current shift in migratory flows towards the coastal route and assist in external border management, and fight against migrant smuggling.

(4)This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(5)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.

(6)The Agreement should be approved,