BETA


2019/0043(NLE) EU/Montenegro status agreement: actions carried out by the European Border and Coast Guard Agency in Montenegro

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead LIBE VOLLATH Bettina (icon: S&D S&D) METSOLA Roberta (icon: EPP EPP), ŠIMEČKA Michal (icon: Renew Renew), FRANZ Romeo (icon: Verts/ALE Verts/ALE), BRUDZIŃSKI Joachim Stanisław (icon: ECR ECR), REGO Sira (icon: GUE/NGL GUE/NGL)
Former Responsible Committee LIBE NIEDERMÜLLER Péter (icon: S&D S&D)
Committee Opinion AFET
Former Committee Opinion AFET
Lead committee dossier:
Legal Basis:
TFEU 077-p2, TFEU 079-p2, TFEU 218-p6a

Events

2019/10/21
   EP - Committee referral announced in Parliament, 1st reading/single reading
2019/09/04
   EP - VOLLATH Bettina (S&D) appointed as rapporteur in LIBE
2019/03/12
   CSL - Legislative proposal
Documents
2019/03/12
   CSL - Document attached to the procedure
Documents
2019/03/12
   EC - Legislative proposal published
Documents
2019/02/21
   EC - Initial legislative proposal
Details

PURPOSE: to approve the conclusion of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.

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 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 is to be concluded by the Union with the third country concerned. The status agreement should cover all aspects necessary for carrying out the actions.

Negotiations with Montenegro on a status agreement were opened and concluded on 5 July 2018. They will be successfully concluded with the initialling of the status agreement at a later date.

While Montenegro is not currently widely used as a transit country by migrants, the situation might change, as it has already happened in the past. Organised crime networks adapt quickly their routes and methods for smuggling migrants to any new circumstances.

Pursuant to the Agreement, the European Border and Coast Guard teams, in accordance with the Operational Plan, could be swiftly deployed on the territory of Montenegro, 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 proposes that the Council decide to approve, on behalf of the Union, the conclusion of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.

Scope of the agreement

The initiative to launch an action can be proposed by the Agency. The competent authorities of Montenegro may request the Agency to consider launching an action. Carrying out an action requires the consent of the competent authorities of Montenegro and the Agency.

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 Montenegro to carry out joint operations, rapid border interventions or return operations.

European Border and Coast Guard teams may be deployed on the territory of Montenegro only in regions bordering the EU external borders and members of the team shall have executive powers in those areas of Montenegro as set out in the Operational Plan.

Actions and operational plans

Before each joint operation or rapid border intervention, an operational plan must be agreed between the Agency and Montenegro. 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 enabling the team members to be identified by the Montenegrin authorities and to prove that they are authorised 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 members of the team and by the authorities of Montenegro.

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

Enhanced cooperation with third countries (including possible joint operations with neighbouring countries) is estimated at an average of EUR 6.090 million per year for the period 2017-2020.

2019/02/21
   EC - Document attached to the procedure
Details

PURPOSE: to sign, on behalf of the Union, the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.

PROPOSED ACT: Council Decision.

BACKGROUND: in accordance with Regulation (EU) 2016/1624 of the European Parliament and of the Council, 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 is to be concluded by the Union with the third country concerned. The status agreement should cover all aspects necessary for carrying out the actions.

On 16 October 2017, the Commission received the Council authorisation to open negotiations with Montenegro on a status agreement for actions carried out by the European Border and Coast Guard Agency in Montenegro. The negotiations were successfully finalised by the initialling of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.

CONTENT: the proposal for a Council Decision constitutes the legal instrument for the signing of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro.

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 Montenegro to carry out joint operations, rapid border interventions or return operations.

The status agreement covers all aspects necessary for the implementation of the actions. In particular, it shall indicate the scope of the operation, civil and criminal liability, as well as the tasks and powers of the team members. The status agreement shall ensure the full respect for fundamental rights during these operations.

For more details on the content of the agreement, please refer to the summary of the initial legislative proposal for the conclusion of the agreement dated 21.2.2019.

2019/02/21
   EC - Initial legislative proposal published
2019/02/11
   EP - NIEDERMÜLLER Péter (S&D) appointed as rapporteur in LIBE

Documents

History

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

committees/0/shadows
  • name: METSOLA Roberta group: Group of European People's Party abbr: EPP
  • name: ŠIMEČKA Michal group: Renew Europe group abbr: Renew
  • name: FRANZ Romeo group: Group of the Greens/European Free Alliance abbr: Verts/ALE
  • name: BRUDZIŃSKI Joachim Stanisław group: European Conservatives and Reformists Group abbr: ECR
  • name: REGO Sira group: Confederal Group of the European United Left - Nordic Green Left abbr: GUE/NGL
events/2
date
2019-10-21T00:00:00
type
Committee referral announced in Parliament, 1st reading/single reading
body
EP
procedure/dossier_of_the_committee
  • LIBE/9/00424
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
docs/0
date
2019-02-21T00:00:00
docs
summary
type
Initial legislative proposal
body
EC
docs/2
date
2019-03-12T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6847%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06847/2019
type
Legislative proposal
body
CSL
docs/3
date
2019-03-12T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6846%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06846/2019
type
Document attached to the procedure
body
CSL
events/0
date
2019-02-21T00:00:00
type
Initial legislative proposal published
body
EC
docs
events/0
date
2019-02-21T00:00:00
type
Legislative proposal published
body
EC
docs
summary
events/1
date
2019-03-12T00:00:00
type
Legislative proposal published
body
EC
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6847%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06847/2019
committees/0/rapporteur
  • name: VOLLATH Bettina date: 2019-09-04T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
committees/0/date
    committees/1
    type
    Former Responsible Committee
    body
    EP
    committee_full
    Civil Liberties, Justice and Home Affairs
    committee
    LIBE
    associated
    False
    rapporteur
    name: NIEDERMÜLLER Péter date: 2019-02-11T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
    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/2/date
      committees/3/date
        commission
        • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
        committees
        • type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False date:
        • 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
        • type: Committee Opinion body: EP committee_full: Foreign Affairs committee: AFET associated: False date:
        • type: Former Committee Opinion body: EP committee_full: Foreign Affairs committee: AFET associated: False date:
        docs
        • date: 2019-02-21T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2019/0089/COM_COM(2019)0089_EN.pdf title: COM(2019)0089 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2019&nu_doc=0089 title: EUR-Lex summary: PURPOSE: to sign, on behalf of the Union, the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro. PROPOSED ACT: Council Decision. BACKGROUND: in accordance with Regulation (EU) 2016/1624 of the European Parliament and of the Council, 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 is to be concluded by the Union with the third country concerned. The status agreement should cover all aspects necessary for carrying out the actions. On 16 October 2017, the Commission received the Council authorisation to open negotiations with Montenegro on a status agreement for actions carried out by the European Border and Coast Guard Agency in Montenegro. The negotiations were successfully finalised by the initialling of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro. CONTENT: the proposal for a Council Decision constitutes the legal instrument for the signing of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro. 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 Montenegro to carry out joint operations, rapid border interventions or return operations. The status agreement covers all aspects necessary for the implementation of the actions. In particular, it shall indicate the scope of the operation, civil and criminal liability, as well as the tasks and powers of the team members. The status agreement shall ensure the full respect for fundamental rights during these operations. For more details on the content of the agreement, please refer to the summary of the initial legislative proposal for the conclusion of the agreement dated 21.2.2019. type: Document attached to the procedure body: EC
        events
        • date: 2019-02-21T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2019/0090/COM_COM(2019)0090_EN.pdf title: COM(2019)0090 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2019&nu_doc=0090 title: EUR-Lex summary: PURPOSE: to approve the conclusion of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro. 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 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 is to be concluded by the Union with the third country concerned. The status agreement should cover all aspects necessary for carrying out the actions. Negotiations with Montenegro on a status agreement were opened and concluded on 5 July 2018. They will be successfully concluded with the initialling of the status agreement at a later date. While Montenegro is not currently widely used as a transit country by migrants, the situation might change, as it has already happened in the past. Organised crime networks adapt quickly their routes and methods for smuggling migrants to any new circumstances. Pursuant to the Agreement, the European Border and Coast Guard teams, in accordance with the Operational Plan, could be swiftly deployed on the territory of Montenegro, 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 proposes that the Council decide to approve, on behalf of the Union, the conclusion of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro. Scope of the agreement The initiative to launch an action can be proposed by the Agency. The competent authorities of Montenegro may request the Agency to consider launching an action. Carrying out an action requires the consent of the competent authorities of Montenegro and the Agency. 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 Montenegro to carry out joint operations, rapid border interventions or return operations. European Border and Coast Guard teams may be deployed on the territory of Montenegro only in regions bordering the EU external borders and members of the team shall have executive powers in those areas of Montenegro as set out in the Operational Plan. Actions and operational plans Before each joint operation or rapid border intervention, an operational plan must be agreed between the Agency and Montenegro. 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 enabling the team members to be identified by the Montenegrin authorities and to prove that they are authorised 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 members of the team and by the authorities of Montenegro. BUDGETARY IMPLICATIONS: the status agreement in itself does not entail financial implications. It is indeed the actual deployment of European Border and Coast Guard 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. Enhanced cooperation with third countries (including possible joint operations with neighbouring countries) is estimated at an average of EUR 6.090 million per year for the period 2017-2020.
        procedure
        reference
        2019/0043(NLE)
        title
        EU/Montenegro status agreement: actions carried out by the European Border and Coast Guard Agency in Montenegro
        subject
        geographical_area
        Montenegro, from 06/2006
        type
        NLE - Non-legislative enactments
        subtype
        Consent by Parliament
        legal_basis
        stage_reached
        Preparatory phase in Parliament