EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

One of the tasks of the European Border and Coast Guard Agency is to cooperate with third countries in relation to the areas covered by the European Border and Coast Guard Regulation (Regulation (EU) 2019/1896) (the ‘Regulation’) ‘including through the possible operational deployment of border management teams in third countries.’ Specifically, the Agency, as part of the European Border and Coast Guard, is to ensure European integrated border management, one component of which is cooperation with third countries in the areas covered by the European Border and Coast Guard Regulation ‘focusing in particular on neighbouring third countries and on […] countries of origin or transit for illegal immigration.’ The Agency may cooperate with the authorities of third countries competent in matters covered by the Regulation to the extent required for the fulfilment of its tasks and may carry out actions related to European integrated border management on the territory of a third country subject to the agreement of that third country.

Pursuant to Article 73(3) of the Regulation, in circumstances requiring the deployment of border management teams from the European Border and Coast Guard standing corps to a third country where the members of the teams will exercise executive powers, a status agreement shall be concluded by the Union with the third country concerned. Such a status agreement should be based on the model that the Commission has drawn up as provided for in Article 76(1) of the same regulation. The Commission adopted this model on 21 December 2021.

As of 11 March 2022, over 310 000 refugees had entered the Republic of Moldova (‘Moldova’) from Ukraine following the Russian Federation’s invasion of Ukraine on 24 February 2022. In just the first two weeks of the war, more than two million refugees – around 4% of Ukraine’s population – mainly fled westward from the encroaching Russian forces.

Moldovan border management authorities are thus now facing the twin challenges of regulating the influx and subsequent outflow of potentially hundreds of thousands of refugees, including monitoring the smuggling of weapons. Furthermore, some 12% of the territory of the country is not under the control of Moldovan authorities, including a large portion of Moldova’s border with Ukraine. With a status agreement in place, Moldovan authorities supported by border management teams of the European Border and Coast Guard Agency will be in a much better position to quickly respond to the current challenges.

The attached proposal for a Council Decision constitutes the legal basis for the signing and provisional application of the Agreement on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova (‘the status agreement’) between the European Union and the Republic of Moldova.

On 14 March 2022, the Commission received the Council authorisation to open negotiations with the Republic of Moldova on a status agreement with the Republic of Moldova.

The European Commission, on behalf of the European Union, and Moldova held negotiations on the status agreement on 14 March 2022. The status agreement was initialled by the heads of the negotiating teams.

The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the status agreement is acceptable for the Union.

In view of ensuring the possibility for an urgent deployment of the European Border and Coast Guard standing corps on the territory of Moldova, in light of the influx of refugees into Moldova from Ukraine following the Russian Federation’s invasion of that country, the agreement should be applied provisionally upon its signature, pending the completion of the procedures necessary for its entry into force.

Member States have been informed and consulted in the relevant Council Working Group.

Situation of the Schengen associated countries

The present proposal builds upon the Schengen acquis in the field of external borders. The Union has nevertheless no power to conclude a status agreement with Moldova in a manner that binds Norway, Iceland, Switzerland or Liechtenstein. To ensure that border guards and other relevant staff sent by those countries to Moldova benefit from the same status as provided for in the status agreement, joint declarations attached to the status agreement should state the desirability that similar agreements be concluded between Moldova and each of those associated countries. 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; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it nor subject to its application. 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 nor subject to its application.

•Consistency with existing policy provisions in the policy area

A working arrangement on establishing operational cooperation between the European Border and Coast Guard Agency and the Border Guard Service of the Republic of Moldova has been in place since 2008. It was concluded under the previous EBCG Regulation, Regulation (EU) 2016/1624 on the European Border and Coast Guard. It includes general commitments on the development of information exchange and risk analyses, training and exchange of best practices as well as coordination of certain joint operational measures and pilot projects in the area of border management.