Considerations on COM(2024)546 - Signing and provisional application of the Agreement with Bosnia and Herzegovina on operational activities carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina

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dossier COM(2024)546 - Signing and provisional application of the Agreement with Bosnia and Herzegovina on operational activities carried out by ...
document COM(2024)546 EN
date January 27, 2025
 
table>(1)On 18 November 2022, the Council authorised the Commission to open negotiations with Bosnia and Herzegovina for an agreement on operational activities carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina (the ‘Agreement’). The negotiations were successfully concluded.
(2)Pursuant to Article 73(3) of Regulation (EU) 2019/1896 of the European Parliament and of the Council (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, 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.

(3)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 (2); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(4)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.

(5)The Agreement should be signed and the attached Declaration with regard to Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein be approved, on behalf of the Union.

(6)With a view to ensuring the possibility of an urgent deployment of the European Border and Coast Guard standing corps on the territory of Bosnia and Herzegovina, the Agreement should be provisionally applied,