PURPOSE: to conclude the Agreement between the European Union and Montenegro on the operational activities 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: the agreement between the European Union and Montenegro on the operational activities carried out by the European Border and Coast Guard Agency in Montenegro has been signed subject to its conclusion at a later date.

In accordance with Regulation (EU) 2019/1896 of the European Parliament and of the Council on the European Border and Coast Guard, 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.

CONTENT: the purpose of the draft Council Decision is to approve, on behalf of the Union, the Agreement between the European Union and Montenegro on operational activities conducted by the European Border and Coast Guard Agency in Montenegro.

The aim of the agreement is to authorise the European Border and Coast Guard Agency to deploy border management teams from the standing corps in Montenegro along the full length of the country's borders. The agreement will repeal and replace the status agreement concluded on 7 October 2019 between the European Union and Montenegro.

The agreement governs all aspects necessary for the deployment of border management teams from the standing corps of the European Border and Coast Guard in Montenegro, where team members may exercise executive powers.

This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part. Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

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 decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.

PURPOSE: to conclude, on behalf of the Union, an Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: one of the tasks of the European Border and Coast Guard Agency is to cooperate with third countries in relation to the areas covered by the European Border and Coast Guard Regulation (Regulation (EU) 2019/1896) including through the possible operational deployment of border management teams in third countries. Specifically, the Agency, as part of the European Border and Coast Guard, is to ensure European integrated border management, one component of which is cooperation with third countries in the areas covered by the European Border and Coast Guard Regulation focusing in particular on neighbouring third countries and countries of origin or transit for irregular migration. The Agency may cooperate with the authorities of third countries competent in matters covered by the Regulation to the extent required for the fulfilment of its tasks and may carry out actions related to European integrated border management on the territory of a third country subject to the agreement of that third country.

Pursuant to Article 73(3) of Regulation (EU) 2019/1896 on the European Border and Coast Guard, 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.

On 18 November 2022, the Commission received a Council authorisation to open negotiations with Montenegro for an agreement on operational activities to be carried out by the European Border and Coast Guard Agency in Montenegro.

The European Commission, on behalf of the European Union, and Montenegro held formal negotiations in view of an agreement on 23 and 24 February 2023 in Podgorica. The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the agreement is acceptable for the Union.

CONTENT: therefore, the Commission proposal seeks to conclude, on behalf of the EU, the Agreement between the EU and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro. Reinforcing controls on the territory of Montenegro will positively impact the management of the Union’s external borders as well as the borders of Montenegro itself.

This status agreement will allow for the deployment in Montenegro of European Border and Coast Guard teams by the European Border and Coast Guard Agency. Without such a tool, only bilateral deployments by Member States can be used to develop and implement European integrated border management and support Montenegro in managing a significant number of migrants seeking to transit its territory outside of the very limited geographic scope of the current status agreement with Montenegro.

A common approach is therefore needed to better manage the borders of Montenegro.

The conclusion of a status agreement would tie into the wider objectives and priorities for cooperation as set out in the European Union’s Stabilisation and Association Agreement with Montenegro. It could also support the wider efforts and commitments of the European Union to further develop capabilities to contribute to crisis response management and promote convergence on foreign and security matters between the Union and Montenegro.