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Date: 14-Jun-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2024/1693 of 30 May 2024 authorising the opening of negotiations for an agreement between the European Union and the Principality of Andorra on several aspects in the field of border management

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The Council Decision (EU) 2024/1693 authorises the European Commission to open negotiations with the Principality of Andorra regarding an agreement on several aspects of border management.
  • The primary goal is to establish a legal framework for the absence of border controls between France and Andorra, and Spain and Andorra.
  • The agreement aims to ensure fair treatment of third-country nationals holding Andorran residence permits at the EU's external borders, contingent on security assessments by France or Spain.

Key Changes

  • Authorizes the European Commission to begin negotiations for an agreement with Andorra on border management.
  • Focuses on eliminating border controls between Andorra and France/Spain.
  • Mandates that Andorra's issuance of residence permits to third-country nationals be conditional on a security assessment by either France or Spain.
  • Allows for implementing administrative arrangements between France, Spain, and Andorra, provided they are compatible with the agreement and EU law.
  • Ireland and Denmark are not participating in the adoption of this decision.

Impact Analysis

Stakeholders: European Commission

  • Action Items: The Commission must prepare for and conduct negotiations with Andorra based on the Council's negotiating directives, consulting with the appropriate Working Party of the Council.

Stakeholders: Principality of Andorra

  • Action Items: Andorra needs to prepare for negotiations with the EU and adapt its residency permit issuance processes to meet the requirements of the agreement.

Stakeholders: France and Spain

  • Action Items: France and Spain need to coordinate on security assessment procedures and prepare for potential administrative arrangements with Andorra.

Stakeholders: Third-Country Nationals

  • Action Items: Third-country nationals should be aware of the security assessment requirements when applying for Andorran residence permits.

Stakeholders: Ireland and Denmark

  • Action Items: No direct action required as they are not bound by this decision.

Key Entities Referenced

European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations. In this case, it is authorized to negotiate with Andorra. Principality of Andorra: A small, landlocked country located in the eastern Pyrenees mountains, between France and Spain. It is the negotiating partner with the EU in this agreement. France: A Member State of the European Union bordering Andorra. It will be involved in security assessments and potential administrative arrangements. Spain: A Member State of the European Union bordering Andorra. It will be involved in security assessments and potential administrative arrangements. Council of the European Union: A body composed of government ministers from each EU member state. It adopts EU legislation and coordinates EU policies. The Council authorized the opening of negotiations. Council Decision 2002/192/EC: Council Decision 2002/192/EC of 28 February 2002 concerning the 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). Schengen acquis: The body of law which regulates the functioning of the Schengen Area. Ireland and Denmark do not fully participate in the Schengen acquis.
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Official Journal EN of the European Union L series 2024/1693 14.6.2024 COUNCIL DECISION (EU) 2024/1693 of 30 May 2024 authorising the opening of negotiations for an agreement between the European Union and the Principality of Andorra on several aspects in the field of border management 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 (c), and Article 79(2), point (c), in conjunction with Article 218(3) and (4) thereof, Having regard to the recommendation from the European Commission, Whereas: (1) An agreement is necessary to provide a legal basis for the absence of border controls between France and Andorra as well as between Spain and Andorra. (2) It would be beneficial to conclude such an agreement in view of Andorra’s geographical proximity to, and economic interdependence with, the Union. (3) It is necessary to ensure the fair treatment of third-country nationals possessing residence permits issued by Andorra at the Union’s external borders. (4) The issuance of such residence permits by Andorra has to be conditional on a binding opinion by France or Spain based on a security assessment carried out by one of those two Member States according to a predetermined distribution key. (5) The agreement would allow for the conclusion of implementing administrative arrangements of an operational nature between France, Spain and Andorra on matters covered by the agreement, provided that such arrangements are compatible with the agreement and with Union law. (6) Negotiations should therefore be opened with a view to concluding an agreement between the Union and Andorra. (7) 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 (1). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. (8) 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, HAS ADOPTED THIS DECISION: Article 1 1. The Commission is hereby authorised to open negotiations for an agreement with the Principality of Andorra on several aspects in the field of border management. 2. The negotiations shall be conducted on the basis of the negotiating directives of the Council set out in the addendum to this Decision. Article 2 The Commission is hereby nominated as the Union negotiator. (1) Council Decision 2002/192/EC of 28 February 2002 concerning the 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/2024/1693/oj 1/2EN OJ L, 14.6.2024 Article 3 The negotiations shall be conducted in consultation with the appropriate Working Party of the Council. Article 4 This Decision is addressed to the Commission. Done at Brussels, 30 May 2024. For the Council The President T. VAN DER STRAETEN 2/2 ELI: http://data.europa.eu/eli/dec/2024/1693/oj

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