Date: 2023-10-05Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/2105 of 7 September 2023 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Republic of Albania on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania
Executive Summary:
This Council Decision (EU) 2023/2105 authorises the signing and provisional application of the Agreement between the EU and Albania regarding operational activities of the European Border and Coast Guard Agency in Albania. It addresses the deployment of border management teams with executive powers in Albania. The decision was adopted on September 7, 2023, and enters into force on the date of its adoption.
Key Points / Main Content:
Agreement Authorisation:
* Authorises the signing of the Agreement between the EU and Albania on European Border and Coast Guard Agency operational activities in Albania, pending its conclusion.
* Approves the declaration regarding Iceland, Norway, Switzerland, and Liechtenstein.
* The President of the Council is authorised to designate the persons empowered to sign the Agreement on behalf of the Union.
Provisional Application:
* Allows for provisional application of the Agreement from the date of notification of completion of internal procedures by both parties.
Schengen Acquis:
* Ireland does not participate in this decision.
* Denmark is not bound by this decision and will decide within six months whether to implement it.
Declaration Regarding Iceland, Norway, Switzerland, and Liechtenstein:
* The parties acknowledge the close relationship between the EU and Iceland, Norway, Switzerland, and Liechtenstein.
* It is desirable for these countries to conclude bilateral agreements with Albania on similar terms.
Impact Analysis:
European Union:
* Impact: The EU is now authorised to sign and provisionally apply the Agreement, facilitating cooperation with Albania on border management.
* Action Required: The President of the Council must designate persons to sign the Agreement. The General Secretariat of the Council will publish the date of provisional application in the Official Journal.
Republic of Albania:
* Impact: Albania will cooperate with the European Border and Coast Guard Agency on operational activities within its territory.
* Action Required: Notify the EU of the completion of its internal procedures to enable provisional application of the Agreement.
European Border and Coast Guard Agency:
* Impact: The agency will be able to conduct operational activities in Albania.
* Action Required: Prepare for potential deployment of border management teams to Albania.
Iceland, Norway, Switzerland, and Liechtenstein:
* Impact: Encouraged to establish similar bilateral agreements with Albania.
* Action Required: Consider negotiating bilateral agreements with Albania regarding operational activities of the European Border and Coast Guard Agency.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Republic of Albania: A country in Southeast Europe.
European Border and Coast Guard Agency: An EU agency responsible for border management and security.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
European Parliament: The parliamentary body of the European Union.
Council Decision 2002/192/EC: A Council Decision concerning Ireland's request to take part in some of the provisions of the Schengen acquis.
Iceland: A Nordic island country in the North Atlantic.
Kingdom of Norway: A Nordic country in Northern Europe.
Official Journal EN
of the European Union L series
2023/2105 5.10.2023
COUNCIL DECISION (EU) 2023/2105
of 7 September 2023
on the signing, on behalf of the Union, and provisional application of the Agreement between the
European Union and the Republic of Albania on operational activities carried out by the European
Border and Coast Guard Agency in the Republic of Albania
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2), points (b) and (d),
and Article 79(2), point (c), in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Pursuant to Article 73(3) of Regulation (EU) 2019/1896 of the European Parliament and of the Council(1), 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.
(2) On 18 November 2022, the Council authorised the Commission to open negotiations with the Republic of Albania
for an agreement on operational activities carried out by the European Border and Coast Guard Agency in the
Republic of Albania.
(3) The negotiations for the Agreement between the European Union and the Republic of Albania on operational
activities carried out by the European Border and Coast Guard Agency in the Republic of Albania (the ‘Agreement’)
were successfully concluded.
(4) 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(2); Ireland is therefore not taking part in the adoption of this
Decision and is not bound by it or subject to its application,
(5) 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.
(6) The Agreement should be signed and the attached declaration with regard to Iceland, Norway, Switzerland and
Liechtenstein be approved, on behalf of the Union.
(7) In order to allow for the possibility of an urgent deployment of the European Border and Coast Guard standing corps
on the territory of the Repblic of Albania, the Agreement could, pending the completion of the procedures necessary
for its entry into force, be applied on a provisional basis as from the date of notification of the completion of internal
procedures by the Parties to this effect,
(1) Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast
Guard and repealing Regulations (EU) No 1052/2013 and (EU) No 2016/1624 (OJ L 295, 14.11.2019, p. 1, ELI: http://data.europa.
eu/eli/reg/2019/1896/oj).
(2) 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, ELI: http://data.europa.eu/eli/dec/2002/192/oj).
ELI: http://data.europa.eu/eli/dec/2023/2105/oj 1/3EN
OJ L, 5.10.2023
HAS ADOPTED THIS DECISION:
Article 1
The signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Albania on
operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania(3) (the
‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
Article 2
The Declaration attached 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
The Agreement may be applied on a provisional basis, pending the completion of the procedures necessary for its entry
into force, in accordance with Article 22(2), second subparagraph, thereof, as from the date of notification of the
completion of internal procedures by the Parties to this effect(4).
Article 5
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 7 September 2023.
For the Council
The President
P. NAVARRO RÍOS
(3) ELI: http://data.europa.eu/eli/agree_internation/2023/2107/oj
(4) The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the
General Secretariat of the Council.
2/3 ELI: http://data.europa.eu/eli/dec/2023/2105/ojEN
OJ L, 5.10.2023
DECLARATION WITH REGARD TO ICELAND, THE KINGDOM OF NORWAY, THE SWISS
CONFEDERATION AND THE PRINCIPALITY OF LIECHTENSTEIN
The Parties to the Agreement between the European Union and the Republic of Albania on operational activities carried out
by the European Border and Coast Guard Agency in the Republic of Albania take note of the close relationship between the
European Union and Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of 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 Iceland, the Kingdom of Norway, the Swiss Confederation and
the Principality of Liechtenstein, on the one hand, and the Republic of Albania, on the other hand, conclude, without
delay, bilateral agreements on operational activities carried out by the European Border and Coast Guard Agency in the
Republic of Albania in terms similar to those of the Agreement between the European Union and the Republic of Albania
on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania.
ELI: http://data.europa.eu/eli/dec/2023/2105/oj 3/3