Date: 2019-03-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/400 of 22 January 2019 on the signing, on behalf of the Union, 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
**Executive Summary:**
This Council Decision (EU) 2019/400 authorises the signing, on behalf of the European Union, of the Status Agreement between the EU and the Republic of Serbia regarding actions carried out by the European Border and Coast Guard Agency in Serbia. The decision acknowledges the successful conclusion of negotiations initialled on 20 September 2018 and enters into force on the date of its adoption, 22 January 2019. The agreement aims to cover all aspects necessary for carrying out actions related to the European Border and Coast Guard Agency in Serbia.
**Key Points / Main Content:**
* **Purpose and Scope:**
* Authorises the signing of the Status Agreement between the EU and Serbia regarding actions by the European Border and Coast Guard Agency in Serbia.
* The Status Agreement should cover all aspects necessary for carrying out the actions.
* **Schengen Acquis:**
* The Decision constitutes a development of the provisions of the Schengen acquis.
* The United Kingdom and Ireland are not participating in the adoption of this Decision and are 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 but shall decide within six months whether it will implement it in its national law.
* **Declarations:**
* The Declarations annexed to this Decision shall be approved on behalf of the Union.
* The EU Border and Coast Guard Agency will support Serbia to control its border with non-EU countries by other means than deploying teams with executive powers.
* The status and delimitation under international law of the territory of Serbia and the Member States of the European Union are in no way affected either by this Agreement or by any act accomplished in its implementation.
* It is desirable that Norway, Iceland, Switzerland and Liechtenstein, on the one hand, and the Republic of Serbia, on the other hand, conclude, without delay, bilateral agreements on actions carried out by the European Border and Coast Guard Agency in the Republic of Serbia in terms similar to those of this Agreement.
* **Implementation:**
* The President of the Council is authorised to designate persons empowered to sign the Agreement on behalf of the Union.
* The Decision enters into force on the date of its adoption.
**Impact Analysis**
**European Union:**
* *Impact:* The EU is enabled to formalise the operational framework for the European Border and Coast Guard Agency's activities within Serbia, contributing to border management cooperation.
* *Action Required:* The President of the Council needs to designate the persons empowered to sign the Agreement on behalf of the Union.
**Republic of Serbia:**
* *Impact:* Serbia gains a formalised framework for cooperation with the European Border and Coast Guard Agency, potentially enhancing its border management capabilities.
* *Action Required:* No specific action is mentioned in the document.
**European Border and Coast Guard Agency:**
* *Impact:* The agency receives a legal basis for conducting actions within Serbia, defining the scope and conditions of its operations.
* *Action Required:* No specific action is mentioned in the document.
**United Kingdom and Ireland:**
* *Impact:* Not affected by this decision due to their non-participation in the Schengen acquis.
* *Action Required:* No action required.
**Denmark:**
* *Impact:* Denmark has to decide within six months after the Council has decided on this Decision whether it will implement it in its national law.
* *Action Required:* Decide within six months whether to implement the decision in its national law.
**Norway, Iceland, Switzerland and Liechtenstein:**
* *Impact:* The Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein.
* *Action Required:* Conclude, without delay, bilateral agreements on actions carried out by the European Border and Coast Guard Agency in the Republic of Serbia in terms similar to those of this Agreement.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Republic of Serbia: A country located in Southeastern Europe.
European Border and Coast Guard Agency: A European Union agency responsible for the management of the EU's external borders.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope and functioning.
Regulation EU 2016/1624: Regulation of the European Parliament and of the Council on the European Border and Coast Guard.
Schengen acquis: The body of law which regulates the functioning of the Schengen Area.
United Kingdom of Great Britain and Northern Ireland: A country that was formerly a member of the European Union.
Council Decision 2000/365/EC: A Council Decision concerning the request of the United Kingdom to take part in some of the provisions of the Schengen acquis.
14.3.2019 EN Official Journal of the European Union L 72/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2019/400
of 22 January 2019
on the signing, on behalf of the Union, 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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular points (b) and (d) of
Article 77(2) and point (c) of Article 79(2), in conjunction with Article 218(5), thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Pursuant to Article 54(4) of Regulation (EU) 2016/1624 of the European Parliament and of the Council (1), in
cases where it is envisaged that European Border and Coast Guard teams are to be deployed to a third country in
actions where the team members 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. Such status agreement
should cover all aspects that are necessary for carrying out the actions.
(2) On 21 February 2017, the Council authorised the Commission to open negotiations with the Republic of Serbia
for a status agreement on actions carried out by the European Border and Coast Guard Agency in the Republic of
Serbia.
(3) Negotiations on a status agreement were opened on 7 April 2017 and were successfully concluded by the
initialling 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 (the ‘Agreement’) on
20 September 2018.
(4) This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom
does not take part, in accordance with Council Decision 2000/365/EC (2); the United Kingdom is therefore not
taking part in the adoption of this Decision and is not bound by it or subject to its application.
(5) 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 (3); Ireland is therefore not taking part in the adoption
of this Decision and is not bound by it or subject to its application.
(1) Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast
Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC)
No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision
2005/267/EC (OJ L 251, 16.9.2016, p. 1).
(2) Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to
take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).
(3) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen
acquis (OJ L 64, 7.3.2002, p. 20).L 72/2 EN Official Journal of the European Union 14.3.2019
(6) 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.
(7) Therefore, the Agreement should be signed, subject to its conclusion at a later date, and the annexed Declarations
be approved,
HAS ADOPTED THIS DECISION:
Article 1
The signing, on behalf of the Union, 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 is hereby authorised,
subject to the conclusion of the said Agreement (4).
Article 2
The Declarations annexed to this Decision shall be approved on behalf of the Union.
Article 3
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf
of the Union.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 January 2019.
For the Council
The President
E.O. TEODOROVICI
(4) The text of the Agreement will be published together with the decision on its conclusion.14.3.2019 EN Official Journal of the European Union L 72/3
ANNEX
JOINT DECLARATION CONCERNING ARTICLE 2(b)
The Parties take note that the European Border and Coast Guard Agency will support the Republic of Serbia to control
efficiently its border with any country that is not a member of the European Union by other means than deployments
of European Border and Coast Guard teams with executive powers.
JOINT DECLARATION ON STATUS AND DELIMITATION OF THE TERRITORIES
The status and delimitation under international law of the territory of Serbia and the Member States of the European
Union are in no way affected either by this Agreement or by any act accomplished in its implementation by the Parties
or on their behalf, including the establishment of operational plans or the participation in cross-border operations.
JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN
The Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and
Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the
association of those countries with the implementation, application and development of the Schengen acquis.
In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland and Liechtenstein, on the one
hand, and the Republic of Serbia, on the other hand, conclude, without delay, bilateral agreements on actions carried out
by the European Border and Coast Guard Agency in the Republic of Serbia in terms similar to those of this Agreement.