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

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 (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 29 July 2022, the Council authorised the Commission to open negotiations with the Republic of North Macedonia for an agreement on operational activities carried out by the European Border and Coast Guard Agency in the Republic of North Macedonia (the ‘Agreement’).

(3) The negotiations were successfully concluded by the initialling of the Agreement.

(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,

HAS ADOPTED THIS DECISION:

Article 1 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 (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement. (3)

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 This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 13 October 2022. For the Council The President P. BLAŽEK

(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).

(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).

(3) The text of the Agreement will be published together with the decision on its conclusion.