COUNCIL DECISION (EU) 2022/449

of 17 March 2022

on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(b) and (d) and Article 79(2)(c) in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(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, Article 73(3) of Regulation (EU) 2019/1896 (1) calls for a status agreement 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 14 March 2022 (2), the Council authorised the Commission to open negotiations with the Republic of Moldova for an agreement on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova (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 (3); 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 nor 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 adopted this Decision whether it will implement it in its national law.

(6) The Agreement should be signed, and the attached Joint Declaration with regard to Iceland, Norway, Switzerland and Liechtenstein be approved, on behalf of the Union.

(7) In view of ensuring the possibility for an urgent deployment of the European Border and Coast Guard standing corps on the territory of the Republic of Moldova in order to assist with the influx of persons following the Russian Federation’s aggression against Ukraine, the Agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force,

HAS ADOPTED THIS DECISION:

Article 1 The signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement. (4)

Article 2 The Joint 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 The Agreement shall be applied on a provisional basis, in accordance with Article 22(2), second subparagraph, of the Agreement, as from the date of its signature, pending the completion of the procedures necessary for its entry into force.

Article 5 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 17 March 2022. For the Council The President J.-Y. LE DRIAN

(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) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

(2) Council Decision (EU) 2022/426 of 14 March 2022 authorising the opening of negotiations on a status agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova (OJ L 87, 15.3.2022, p. 22).

(3) 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).

(4) The text of the Agreement is published in OJ L 91, 18.3.2022, p. 4