COUNCIL DECISION (EU) 2020/729

of 26 May 2020

on the conclusion of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular points (b) and (d) of Article 77(2) and point (c) of Article 79(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6) 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) 2019/453 (2), the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro (‘the Agreement’) was signed on 7 October 2019, subject to its conclusion.

(2) As a result of the Agreement, the European Border and Coast Guard teams, in accordance with the operational plan, can be swiftly deployed on the territory of Montenegro, respond to the current shift in migratory flows towards the coastal route, assist in external border management and combat human trafficking of irregular migrants.

(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 (3); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(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 Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision.

Article 2 The President of the Council shall, on behalf of the Union, give the notification provided for in Article 12(1) of the Agreement (4).

Article 3 This Decision shall enter into force on the day of its adoption.

Done at Brussels, 26 May 2020. For the Council The President G. GRLIĆ RADMAN

(1) Consent of 13 May 2020 (not yet published in the Official Journal).

(2) Council Decision (EU) 2019/453 of 19 March 2019 on the signing, on behalf of the Union, of the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro (OJ L 79, 21.3.2019, p. 1).

(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 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.