PURPOSE: to conclude, on behalf of the Union,
the status agreement between the EU and Albania on actions carried
out by the European Border and Coast Guard Agency in
Albania.
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: in accordance with a Council
Decision, the status agreement between the EU and Albania on
actions carried out by the European Border and Coast Guard Agency
in the Republic of Albania, was signed, subject to its
conclusion.
Pursuant to Regulation (EU) 2016/1624, in cases
where it is envisaged that European Border and Coast Guard teams
will be deployed to a third country in actions where the team
members will 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.
Thanks to this status agreement, border guard
teams can be swiftly deployed on Albanian territory and respond to
the current shift in migratory flows towards the coastal route and
assist in external border management and fight against migrant
smuggling.
CONTENT: the present proposal calls on the
Council to adopt the decision to approve, on behalf of the Union,
the status agreement between the EU and Albania on actions carried
out by the European Border and Coast Guard Agency in
Albania.
The main provisions of the proposal are as
follows:
Operational plan: before each joint operation or
rapid border intervention, an operational plan must be agreed
between the Agency and Albania. That operational plan must also be
agreed by the Member State or Member States bordering the
operational area. It shall set out in detail the organisational and
procedural aspects of the joint operation or rapid border
intervention, including, inter alia, a description and an
assessment of the situation, the operational aim and objectives,
the provisions in respect of fundamental rights including personal
data protection, the organisational arrangements and logistics, the
evaluation and the financial aspects of the joint operation or
rapid border intervention.
Tasks and powers of the members of
the team: as a
general rule, the teams shall have the authority to perform the
tasks and exercise the executive powers required for border control
and return operations. They shall respect the laws and regulations
of Albania.
Members of the team shall wear their own
uniform, visible personal identification and a blue armband with
the insignias of the European Union and of the Agency on their
uniforms. Members of the team may use force, including service
weapons, ammunition and equipment, with the consent of their own
State and of the Albania authorities, in the presence of Albanian
border guards or other relevant staff, and in accordance with the
Albanian law. Albanian authorities may authorise members of the
team to use force also in the absence of their border
guards.
Accreditation
document: the
Agency shall, in cooperation with Albania, issue an accreditation
document to members of the team for the purposes of identification
vis-à-vis the Albanian authorities as proof of the
holder’s rights to perform the tasks and exercise the powers
conferred under this Agreement and in the Operational
Plan.
Fundamental rights: in the performance of their
tasks and in the exercise of their powers, Members of the team
shall fully respect fundamental rights and freedoms, including as
regards access to asylum procedures, human dignity and the
prohibition of torture, inhuman or degrading treatment, the right
to liberty, the principle of non-refoulement and the prohibition of
collective expulsions, the rights of the child and the right to
respect for private and family life.
They shall not arbitrarily discriminate against
persons on any grounds including sex, racial or ethnic origin,
religion or belief, disability, age, sexual orientation or gender
identity. Each Party must have a complaint mechanism in place to
deal with allegations of a breach of fundamental rights committed
by its staff.
Processing of personal
data: personal
data shall be processed by members of the team when necessary in
accordance with the rules applicable to the Agency and the EU
Member States. Processing of personal data by the Albanian
authorities shall be subject to Albanian laws. The Agency, the
participating Member States and the Albanian authorities shall draw
up a common report on the processing of personal data by members of
the team at the end of each action. This report shall be sent to
the Agency's Fundamental Rights Officer and Data Protection
Officer.
BUDGETARY IMPLICATIONS: although the status
agreement in itself does not entail financial implications,
it is the actual deployment of border guards' teams on the basis of
an operational plan and relevant grant agreement that will entail
costs borne by the budget of the European Border and Coast Guard
Agency. Future operations under the status agreement will be
financed through the European Border and Coast Guard Agency’s
own resources.
The financial statement annexed to the proposal
for a Regulation on a European Border and Coast Guard on the
expenditure of the European Border and Coast Guard Agency evaluated
at EUR 6.090 million on average each year for 2017-2020 the
reinforced cooperation with third countries (including possible
joint operations with neighbouring countries).