Considerations on COM(2023)260 - Signing and provisional application of the Agreement with Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro

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dossier COM(2023)260 - Signing and provisional application of the Agreement with Montenegro on operational activities carried out by the European ...
document COM(2023)260
date May 15, 2023
 
(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) 2019/189613 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 18 November 2022, the Council authorised the Commission to open negotiations with the Montenegro for an agreement on operational activities carried out by the European Border and Coast Guard Agency in Montenegro (the ‘Agreement’)14.

(3) These 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/EC15; 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 Denmark16, 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 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 Montenegro, the Agreement should be applied provisionally upon its signature.