Date: 2023-12-08Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/2760 of 4 December 2023 on the conclusion of the Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro
Executive Summary:
This Council Decision approves the Agreement between the European Union and Montenegro regarding operational activities by the European Border and Coast Guard Agency in Montenegro. The agreement, signed on 16 May 2023, allows for the deployment of border management teams. The decision entered into force on December 4, 2023. The President of the Council will notify Montenegro of the agreement's conclusion.
Key Points / Main Content:
* **Approval of the Agreement:**
* The Agreement between the EU and Montenegro concerning European Border and Coast Guard Agency operations in Montenegro is approved on behalf of the Union.
* **Notification:**
* The President of the Council is responsible for providing notification as required by Article 22(1) of the Agreement.
* **Entry into Force:**
* This Decision took effect on the date of its adoption, December 4, 2023.
Impact Analysis:
* European Union:
* Impact: The EU is now party to an agreement allowing for joint border management operations with Montenegro, furthering cooperation on border security.
* Action Required: The President of the Council must notify Montenegro of the agreement's conclusion.
* Montenegro:
* Impact: Montenegro is now party to an agreement allowing for joint border management operations with the EU, furthering cooperation on border security.
* Action Required: Await notification from the President of the Council regarding the agreement's conclusion.
* European Border and Coast Guard Agency:
* Impact: The agency is authorized to conduct operational activities in Montenegro.
* Action Required: Prepare for and execute operational activities in Montenegro according to the agreement.
* Ireland and Denmark:
* Impact: Ireland is not participating 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 but 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.
* Action Required: 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.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Montenegro: A country in Southeastern Europe. The agreement concerns operational activities in Montenegro.
European Border and Coast Guard Agency: A European Union agency responsible for border management and coast guard duties.
Council of the European Union: A component of the legislative branch of the European Union, representing the governments of the EU member states.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining the scope of the Union's powers.
European Parliament: The directly elected parliamentary assembly of the European Union.
Schengen acquis: The body of common laws integrating into the legal framework of the European Union.
Denmark: A country in Northern Europe and a member of the European Union, with opt-outs from certain policies.
Official Journal EN
of the European Union L series
2023/2760 8.12.2023
COUNCIL DECISION (EU) 2023/2760
of 4 December 2023
on the conclusion of the Agreement between the European Union and Montenegro on operational
activities carried out by the European Border and Coast Guard Agency in Montenegro
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(6), point (a), thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament(1),
Whereas:
(1) In accordance with Council Decision (EU) 2023/1040(2), the Agreement between the European Union and
Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro
(‘the Agreement’) was signed on 16 May 2023, subject to its conclusion at a later date.
(2) Pursuant to Article 73(3) of Regulation (EU) 2019/1896 of the European Parliament and of the Council(3), 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.
(3) 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(4); Ireland is therefore not taking part in the adoption of this
Decision and is not bound by it nor subject to its application.
(4) 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.
(5) The Agreement should be approved,
(1) Consent of 22 November 2023 (not yet published in the Official Journal).
(2) Council Decision (EU) 2023/1040 of 15 May 2023 on the signing, on behalf of the Union, and provisional application of the
Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast
Guard Agency in Montenegro (OJ L 140, 30.5.2023, p. 1).
(3) 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) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
(4) 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/2023/2760/oj 1/2EN
OJ L, 8.12.2023
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and Montenegro on operational activities carried out by the European Border
and Coast Guard Agency in Montenegro (‘the Agreement’) is hereby approved on behalf of the Union.(5)
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 22(1) of the
Agreement.(6)
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 4 December 2023.
For the Council
The President
F. BOLAÑOS GARCÍA
(5) The text of the Agreement is published in OJ L 140 of 30 May 2023, p. 4.
(6) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of
the Council.
2/2 ELI: http://data.europa.eu/eli/dec/2023/2760/oj