Considerations on COM(2022)125 - Signing and on provisional application of the Agreement with Moldova on operational activities carried out by the European Border and Coast Guard Agency in Moldova

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dossier COM(2022)125 - Signing and on provisional application of the Agreement with Moldova on operational activities carried out by the European ...
document COM(2022)125 EN
date March 15, 2022
 
(1) 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, Article 73(3) of Regulation (EU) 2019/1896 9  calls for a status agreement 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,

(2) On 14 March 2022, the Council authorised the Commission to open negotiations with the Republic of Moldova for an agreement on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova (the ‘Agreement’).

(3) The negotiations were successfully concluded by the initialling of the Agreement.

(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 10 ; 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 11 , 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 nor 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 signed on behalf of the Union, subject to its conclusion at a later date. The declaration attached to the agreement should be approved on behalf of the Union. 

(7) In view of ensuring the possibility for an urgent deployment of the European Border and Coast Guard standing corps on the territory of the Republic of Moldova in order to assist with the influx of persons following the Russian Federation’s aggression against Ukraine, the Agreement should be applied provisionally upon its signature, .