Date: 2023-02-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/418 of 24 February 2023 on the conclusion of the Agreement between the European Union and the Republic of North Macedonia on operational activities carried out by the European Border and Coast Guard Agency in the Republic of North Macedonia
Executive Summary:
This Council Decision (EU) 2023/418 approves the Agreement between the European Union and the Republic of North Macedonia regarding operational activities carried out by the European Border and Coast Guard Agency in North Macedonia. The Agreement was signed on 26 October 2022 and the President of the Council will provide notification as per Article 22(1) of the Agreement. The decision entered into force on 24 February 2023.
Key Points / Main Content:
* **Agreement Approval:** The Agreement between the EU and North Macedonia concerning European Border and Coast Guard Agency operations in North Macedonia is approved on behalf of the Union.
* **Notification:** The President of the Council is responsible for providing notification as outlined in Article 22(1) of the Agreement.
* **Entry into Force:** This Decision came into effect on the date of its adoption, 24 February 2023.
* **Schengen Acquis:** Ireland does not participate in this decision.
* **Denmark:** Denmark is not bound by this decision. Denmark shall decide within six months whether it will implement it in its national law.
Impact Analysis:
European Union:
* Impact: The EU is now formally committed to the Agreement, allowing for operational activities by the European Border and Coast Guard Agency in North Macedonia.
* Action Required: The President of the Council must provide the notification as per Article 22(1) of the Agreement. The General Secretariat of the Council must publish the entry into force date in the Official Journal of the European Union.
Republic of North Macedonia:
* Impact: North Macedonia is now party to the Agreement, enabling operational activities of the European Border and Coast Guard Agency within its territory.
* Action Required: No specific action required in this document.
European Border and Coast Guard Agency:
* Impact: The Agency is authorized to conduct operational activities in North Macedonia according to the terms of the Agreement.
* Action Required: Implement the Agreement's provisions regarding operational activities in North Macedonia.
Ireland:
* Impact: Ireland is not participating in this decision.
* Action Required: No action required.
Denmark:
* Impact: Denmark is not bound by this decision but has a choice to implement it.
* Action Required: Denmark must decide within six months whether to implement the decision in its national law.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Republic of North Macedonia: A country in the Balkan Peninsula in Southeast Europe.
European Border and Coast Guard Agency: A European Union agency responsible for border management.
Agreement between the European Union and the Republic of North Macedonia: A formal agreement regarding operational activities carried out by the European Border and Coast Guard Agency in North Macedonia.
Council Decision EU 2023/418: Council Decision on the conclusion of the Agreement between the European Union and the Republic of North Macedonia.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope and functions.
European Parliament: The parliamentary body of the European Union.
Schengen acquis: The body of law which regulates the functioning of the Schengen Area.
27.2.2023 EN Official Journal of the European Union L 61/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2023/418
of 24 February 2023
on the conclusion of the Agreement between the European Union and the Republic of North
Macedonia on operational activities carried out by the European Border and Coast Guard Agency in
the Republic of North Macedonia
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) 2022/1958(2), the Agreement between the European Union and the
Republic of North Macedonia on operational activities carried out by the European Border and Coast Guard Agency
in the Republic of North Macedonia (the ‘Agreement’) was signed on 26 October 2022, 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.
(1) Consent of 15 February 2023.
(2) Council Decision (EU) 2022/1958 of 13 October 2022 on the signing, on behalf of the Union, of the Agreement between the
European Union and the Republic of North Macedonia on operational activities carried out by the European Border and Coast Guard
Agency in the Republic of North Macedonia (OJ L 270, 18.10.2022, 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).L 61/2 EN Official Journal of the European Union 27.2.2023
(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,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Republic of North Macedonia on operational activities carried out by
the European Border and Coast Guard Agency in the Republic of North Macedonia (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 day of its adoption.
Done at Brussels, 24 February 2023.
For the Council
The President
J. ROSWALL
(5) See page 3 of this Official Journal.
(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.