BETA


2018/0409(NLE) EU/Serbia status agreement: actions carried out by the European Border and Coast Guard Agency in Serbia

Progress: Preparatory phase in Parliament

RoleCommitteeRapporteurShadows
Lead LIBE
Former Responsible Committee LIBE NIEDERMÜLLER Péter (icon: S&D S&D)
Committee Opinion AFET
Former Committee Opinion AFET
Legal Basis:
TFEU 077-p2, TFEU 079-p2, TFEU 218-p6a

Events

2019/02/11
   EP - Former Responsible Committee
2018/12/07
   EC - Document attached to the procedure
2018/12/07
   EC - Legislative proposal published
Details

PURPOSE: to conclude, on behalf of the Union, 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.

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: pursuant to Regulation (EU) 2016/1624 , in cases where it is envisaged that European Border and Coast Guard teams are deployed to a third country to carry out actions for which the team members have executive powers, or where it is required by other actions in third countries, a status agreement shall be concluded by the Union with the third country concerned.

Negotiations on a status agreement were opened on 7 April 2017 and a second round took place on 11 May 2017. A deal was finally reached on 3 August 2018.

Pursuant to the status agreement, the European Border and Coast Guard teams 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 combating human trafficking of irregular migrants.

CONTENT: the Commission proposed that the Council decide to approve, on behalf of the Union, the conclusion of 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.

Scope : under this Agreement, the European Border and Coast Guard Agency shall be able to deploy European Border and Coast Guard teams with executive powers in the Republic of Serbia to carry out joint operations and rapid border interventions.

European Border and Coast Guard Agency teams shall also be allowed, in the course of a specific return operation, to assist Serbia in identifying the persons to be readmitted to Serbia, in line with the EC-Serbia readmission agreement. Teams may be deployed on the territory of the Republic of Serbia only in regions bordering the EU external borders and members of the team shall have executive powers in those areas of the Republic of Serbia as set out in the Operational Plan.

Operational actions and plans : in concrete terms, the Agency may propose the initiative to launch an action. The competent authorities of Serbia may also request the Agency to consider launching an action. Carrying out an action requires the consent of the competent authorities of Serbia and the Agency. Before each joint operation or rapid border intervention, an operational plan shall be agreed between the Agency and Serbia. The plan shall set out in detail the organisational and procedural aspects of the joint operation or rapid border intervention.

The agreement also contains provisions on:

the tasks and powers of the team members; the suspension and termination of the action; the privileges and immunities of the team members; the accreditation document allowing members of the team for the purposes of identification vis-à-vis the authorities of Serbia as proof of the holder’s rights to perform the assigned tasks; respect by team members for fundamental rights and freedoms, including access to asylum procedures, human dignity, the prohibition of torture and 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; the processing of personal data by team members and by the Serbian authorities.

BUDGETARY IMPLICATIONS: the status agreement in itself does not entail financial implications. It is indeed the actual deployment of teams of the European Border and Coast Guard Agency 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.

Documents

History

(these mark the time of scraping, not the official date of the change)

activities
  • date
    2018-12-07T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0797/COM_COM(2018)0797_EN.pdf
      title
      COM(2018)0797
      type
      Legislative proposal published
      celexid
      CELEX:52018PC0797:EN
    body
    EC
    commission
      type
      Legislative proposal published
    commission
    • body
      EC
      dg
      Migration and Home Affairs
      commissioner
      AVRAMOPOULOS Dimitris
    committees/0
    type
    Responsible Committee
    body
    EP
    committee_full
    Civil Liberties, Justice and Home Affairs
    committee
    LIBE
    associated
    False
    date
      committees/0
      body
      EP
      responsible
      False
      committee_full
      Foreign Affairs
      committee
      AFET
      committees/1
      type
      Former Responsible Committee
      body
      EP
      committee_full
      Civil Liberties, Justice and Home Affairs
      committee
      LIBE
      associated
      False
      date
      • 2019-02-11T00:00:00
      rapporteur
      • name
        NIEDERMÜLLER Péter
        group
        Progressive Alliance of Socialists and Democrats
        abbr
        S&D
      committees/1
      body
      EP
      responsible
      True
      committee_full
      Civil Liberties, Justice and Home Affairs
      committee
      LIBE
      committees/2
      type
      Committee Opinion
      body
      EP
      committee_full
      Foreign Affairs
      committee
      AFET
      associated
      False
      date
        committees/3
        type
        Former Committee Opinion
        body
        EP
        committee_full
        Foreign Affairs
        committee
        AFET
        associated
        False
        date
          docs
          • date
            2018-12-07T00:00:00
            docs
            type
            Document attached to the procedure
            body
            EC
          events
          • date
            2018-12-07T00:00:00
            type
            Legislative proposal published
            body
            EC
            docs
            summary
          links
          other
            procedure/subject
            Old
            • 7.10.04 External borders crossing and controls, visas
            New
            7.10.04
            External borders crossing and controls, visas
            activities/0/docs/0/celexid
            CELEX:52018PC0797:EN
            activities
            • date
              2018-12-07T00:00:00
              docs
              • url
                http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0797/COM_COM(2018)0797_EN.pdf
                type
                Legislative proposal published
                title
                COM(2018)0797
              type
              Legislative proposal published
              body
              EC
              commission
              committees
              • body
                EP
                responsible
                False
                committee_full
                Foreign Affairs
                committee
                AFET
              • body
                EP
                responsible
                True
                committee_full
                Civil Liberties, Justice and Home Affairs
                committee
                LIBE
              links
              other
                procedure
                geographical_area
                • Serbia, from 06/2006
                reference
                2018/0409(NLE)
                title
                EU/Serbia status agreement: actions carried out by the European Border and Coast Guard Agency in Serbia
                legal_basis
                stage_reached
                Preparatory phase in Parliament
                subtype
                Consent by Parliament
                type
                NLE - Non-legislative enactments
                subject
                • 7.10.04 External borders crossing and controls, visas