Proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Albania on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania
Date: 2024-02-07
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Albania, European cooperation, Frontex, agreement (EU), border control, external border of the EU, migration control, migratory movement, operation of the Institutions, ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 7.2.2024  COM(2023) 397 final/2 2023/0235 (NLE)  CORRIGENDUM This document corrects document COM(2023)397 final of 07.07.2023 Concerns all language versions Addition of the reference to the Staff Working Document SWD(2024)20 linked to the Proposal The text shall read as follows Proposal for a COUNCIL DECISION on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Albania on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Albania {SWD(2024) 20 final}  
 
 
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  (the  ‘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.’1 
Specifically,  the  Agency,  as  part  of  the  European  Border  and  Coast  Guard,  is  to  ensure 
European integrated border management2, one component of which is cooperation with third 
countries in the areas covered by the Regulation, focusing in particular on neighbouring third 
countries  and  countries  of  origin  or  transit  for  irregular  migration3.  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  tasks4  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 should 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 that Regulation. The Commission adopted this model on 21 December 20215. 

The Republic of Albania lies on the Western Balkans migration route, which sees significant 
irregular migration towards the European Union, both via land and across the Adriatic Sea. . 
In  2022,  more  than  144 000  irregular  border  crossings  and  attempts  were  registered  by  the 
Agency  at  the  European  Union’s  external  borders  on  the  Western  Balkan  route.  Irregular 
migrants are  targeted by  organised criminal  groups engaged in  people smuggling and are at 
great  risk  of  human  rights  violations.  The  high  level  of  irregular  arrivals  and  asylum 
applications  is  also  putting  significant  pressure  on  some  European  Union  Member  States, 
leading to the need for common, coordinated action at Union level.  

Albania was the first country to agree on a status agreement with the  European Union. This 
agreement,  based  on  the  previous  EBCG  Regulation  (Regulation  (EU)  2016/16246),  was 
signed in October 2018 and entered into force on 1 May 2019.7 

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Article  10(1)(u)  of  Regulation  (EU)  2019/1896  of  the  European  Parliament  and  of  the  Council  of 
13 November 2019 on the European Border and Coast Guard. 
Article 71(1) of Regulation (EU) 2019/1896. 
Article 3(g) of Regulation (EU) 2019/1896. 
Article 73(1) of Regulation (EU) 2019/1896. 
Communication COM(2021) 829 - Model status agreement as referred to in 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. 
Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on 
the  European  Border  and  Coast  Guard  and  amending  Regulation  (EU)  2016/399  of  the  European 
Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament 
and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC, OJ L 
251, 16.9.2016, p. 1. 
OJ L 46, 18.2.2019, p. 3. 

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Joint  operations  conducted  on  the  basis  of  that  status  agreement  are  however  limited  to 
Albania’s  land  borders  with  the  European  Union  and  portions  of  the  Adriatic  Sea.  Acting 
within  this  limited  framework,  Frontex  has  launched  two  joint  operations  in  Albania,  Joint 
Operation  Albania  Land  at  Albania’s  land  border  with  Greece  (launched  on  22  May  2019) 
and Joint Operation Albania Sea at Albania’s sea border (launched on 24 March 2021). There 
are  currently  around  150  Frontex  officers  deployed  in  these  joint  operations  which  have 
resulted in improving border control by curbing irregular migration and fighting cross-border 
crime. 

On  18  November  2022,  and  following  the  entry  into  force  of  Regulation  (EU)  2019/1896 
which  extended  the  scope  of  the  status  agreements,  the  Commission  received  Council 
authorisation to open negotiations with the Republic of Albania as well as Montenegro, Serbia 
and Bosnia and Herzegovina, for an agreement on operational activities to be carried out by 
the  European  Border  and  Coast  Guard  Agency  in  those  countries  based  on  this  new 
Regulation.  On  30  November  2022,  a  kick-off  meeting  was  organised  by  the  Commission 
with  the  four  aforementioned  countries,  in  which  the  main  novelties  of  the  model  status 
agreement were presented. The European Commission, on behalf of the European Union, and 
the  Republic  of  Albania  held  formal  negotiations  in  view  of  an  agreement  on  22  and 
23 February 2023 in Tirana. The Commission considers that the objectives set by the Council 
in its negotiating directives were attained and that the agreement is acceptable for the Union.  

The attached proposal for a Council Decision constitutes the legal basis for the conclusion of 
the  Agreement  between  the  European  Union  and  the  Republic  of  Albania  on  operational 
activities  carried  out  by  the  European  Border  and  Coast  Guard  Agency  in  the  Republic  of 
Albania. 

Situation of the Schengen associated countries  

The  present  proposal  builds  upon  the  Schengen  acquis  in  the  field  of  management  of  the 
external borders. The Union has nevertheless no power to conclude a status agreement with 
the  Republic  of  Albania  in  a  manner  that  binds  Norway,  Iceland,  Switzerland  and 
Liechtenstein. To ensure that border guards and other relevant staff sent by those countries to 
the  Republic  of  Albania  benefit  from  the  same  status  as  provided  for  in  the  future  status 
agreement, joint declarations attached to the status agreement should state the desirability that 
similar  agreements  be  concluded  between  the  Republic  of  Albania  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/EC8;  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 other Union policies 

Reinforcing  controls  on  the  territory  of  the  Republic  of  Albania  will  positively  impact  the 
management of the Union’s external borders as well as the borders of the Republic of Albania 

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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. 

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itself. The conclusion of a status agreement would tie into the wider objectives and priorities 
for cooperation as set out in the European Union’s Stabilisation and Association Agreement 
with the Republic of Albania.9  

The conclusion of a status agreement could also support the wider efforts and commitments of 
the European Union to further develop cooperation and capabilities10 in order to contribute to 
crisis  response  management  and  promote  convergence  on  foreign  and  security  matters 
between the Union and the Republic of Albania. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  this  proposal  is  Article  77(2)(b)  and  (d)  and  Article 79(2)(c)  TFEU  in 
conjunction with Article 218(6)(a) TFEU.  

The competence of the European Union to conclude a status agreement is explicitly provided 
for  in  Article  73(3)  of  Regulation  (EU)  2019/1896,  which  states  that  ‘[i]n  circumstances 
requiring  the  deployment  of  border  management  teams  from  the  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’.  

Pursuant to Article 3(2) of the Treaty on the Functioning of the European Union, the Union 
shall  have  exclusive  competence  for  the  conclusion  of  an  international  agreement  when  its 
conclusion is provided for in a legislative act of the Union. Article 73(3) of Regulation (EU) 
2019/1896  provides  for  a  status  agreement  to  be  ‘concluded  by  the  Union  with  the  third 
country  concerned’.  Consequently,  the  agreement  to  be  signed  and  concluded  with  the 
Republic of Albania falls within the exclusive power of the European Union. In accordance 
with Article 73(3) of the Regulation (EU) 2019/1896, the proposed status agreement is based 
on the model agreement adopted by the Commission in December 202111, taking into account 
the  previously  agreed  provisions  of  the  existing  status  agreement  with  the  Republic  of 
Albania12. 

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OJ L 108, 29.4.2010, p. 3. 
Such as training, situational awareness, equipment, ability to react, staff deployment etc. 
Communication COM(2021) 829. 
EUR-Lex - 22019A0218(01) - EN - EUR-Lex (europa.eu)  

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• 

Subsidiarity and proportionality  

The need for a common approach 

A  status  agreement  will  allow  for  the  deployment  in  the  Republic  of  Albania  of  European 
Border and Coast  Guard teams  by the European  Border and Coast  Guard Agency, using all 
the  possibilities  offered  by  Regulation  (EU)  2019/1896.  Without  such  a  tool,  only  bilateral 
deployments  by Member States can be used to  develop  and implement  European integrated 
border management and support the Republic of Albania in managing a significant number of 
migrants  seeking  to  transit  its  territory  outside  of  the  very  limited  geographic  scope  of  the 
current  status  agreement  with  the  Republic  of  Albania.  A  common  approach  is  therefore 
needed to better manage the borders of the Republic of Albania. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

As this will be a new agreement, no evaluation or fitness checks of existing instruments could 
be carried out. No impact assessment is required for the negotiation of a status agreement.  

• 

Fundamental rights 

As  set  out  in  recital  88  of  Regulation  (EU)  2019/1896,  the  Commission  will  assess  the 
fundamental  rights  situation  relevant  to  the  areas  covered  by  the  status  agreement  in  the 
Republic of Albania and inform the European Parliament thereof. 

The envisaged agreement will contain practical measures related to the respect of fundamental 
rights and shall ensure that fundamental rights are fully respected during activities organised 
on the basis of the agreement. The agreement will provide for an independent  and effective 
complaints  mechanism  in  accordance  with  the  relevant  provisions  of  Regulation  (EU) 
2019/1896 to monitor and ensure respect for fundamental rights in all the activities organised 
on the basis of the agreement. 

• 

Data protection 

The  European  Data  Protection  Supervisor  will  be  consulted  on  the  provisions  of  the  status 
agreement related to the transfer of data if those provisions differ substantially from the model 
status agreement. 

4. 

BUDGETARY IMPLICATIONS 

A  status  agreement  in  and  of  itself  does  not  entail  any  financial  implications.  The  actual 
deployment of border guard teams on the basis of an operational plan would entail costs borne 
by  the  budget  of  the  Agency.  Future  operations  under  a  status  agreement  will  be  financed 
through the Agency’s own resources as provided for in the Union's annual budget cycle. 

The Union contribution for the European Border and Coast Guard Agency already forms part 
of  the  Union’s  budget  as  laid  out  in  the  Council  Conclusions  to  the  Multiannual  Financial 
Framework Agreement. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  Commission  will  ensure  proper  monitoring  of  the  implementation  of  the  status 
agreement. 

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2023/0235 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the Union, of the Agreement between the European 
Union and the Republic of Albania on operational activities carried out by the European 
Border and Coast Guard Agency in the Republic of Albania 

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(6)(a)thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament13,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

In  accordance with  Council Decision 2023/XXX of [...], the Agreement  between the 
European Union and the Republic of Albania on operational activities carried out by 
the  European  Border  and  Coast  Guard  Agency  in  the  Republic  of  Albania  (the 
‘Agreement’) was signed by [...] on [...], subject to its conclusion at a later date. 

Pursuant  to  Article  73(3)  of  Regulation  (EU)  2019/1896 of  the  European  Parliament 
and  of  the  Council14,  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.  

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/EC15; 
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 Denmark16, 
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. 

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OJ C, , p. . 
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. 
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). 
Protocol (No 22) on the position of Denmark, OJ C 326, 26.10.2012, p. 299–303. 

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(5) 

The Agreement should be approved on behalf of the Union,  

HAS ADOPTED THIS DECISION:  

The  Agreement  between  the  European  Union  and  the  Republic  of  Albania  on  operational 
activities  carried  out  by  the  European  Border  and  Coast  Guard  Agency  in  the  Republic  of 
Albania (the ‘Agreement’), is hereby approved on behalf of the Union17. 

Article 1 

The Commission  shall, on behalf of the Union,  notify the Republic of Albania, as provided 
for in Article 22(1) of the Agreement in order to express the consent of the Union to be bound 
by the Agreement. 

Article 2 

This Decision shall enter into force on the day of its adoption18. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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The text of the Agreement is published in OJ L … , p. . 
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. 

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