Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2024/0074(NLE)**

**PROPOSAL**

**Brussels, 18 March 2024**
**(OR. en)**

**7900/24**
**ADD 1**

**FRONT 94**
**COWEB 37**
**MIGR 130**

From: Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

date of receipt: 18 March 2024

To: Ms Thérèse BLANCHET, Secretary-General of the Council of the
European Union

No. Cion doc.: COM(2024) 161 final ANNEX

Subject: ANNEX to the Proposal for a COUNCIL DECISION on the conclusion,
on behalf of the Union, of the Agreement between the European Union
and the Republic of Serbia on operational activities carried out by the
European Border and Coast Guard Agency in the Republic of Serbia

Delegations will find attached document COM(2024) 161 final ANNEX.

Encl.: COM(2024) 161 final ANNEX

7900/24 ADD 1 BS/lm

## JAI.1 EN

EUROPEAN

COMMISSION

**ANNEX**

_**to the**_

Brussels, 18.3.2024
COM(2024) 161 final

ANNEX

**Proposal for a**

**COUNCIL DECISION**

**on the conclusion, on behalf of the Union, of the Agreement between the European**
**Union and the Republic of Serbia on operational activities carried out by the European**

**Border and Coast Guard Agency in the Republic of Serbia**

# **EN EN**

### **Agreement between the European Union and the Republic of** **Serbia on operational activities carried out by the European** **Border and Coast Guard Agency in the Republic of Serbia**

#### T HE E UROPEAN U NION, and THE R EPUBLIC OF S ERBIA,

hereinafter referred to individually as a ‘Party’ and collectively as the ‘Parties’,

WHEREAS situations may arise where the European Border and Coast Guard Agency
(‘the Agency’) coordinates operational cooperation between the Member States of the
European Union and the Republic of Serbia, including on the territory of the Republic
of Serbia,

WHEREAS a legal framework in the form of a status agreement should be established
for the situations where the team members deployed by the Agency will have executive
powers on the territory of the Republic of Serbia,

WHEREAS the status agreement may provide for the establishment by the Agency of
antenna offices on the territory of the Republic of Serbia to facilitate and improve
coordination of operational activities and to ensure the effective management of the
human and technical resources of the Agency,

CONSIDERING the high level of protection of personal data in the Republic of Serbia
and the European Union; and

CONSIDERING that the Republic of Serbia has ratified Council of Europe Convention
No. 108 of 28 January 1981 for the Protection of Individuals with regard to Automatic
Processing of Personal Data and the additional Protocol thereto;

BEARING IN MIND that respect for human rights and democratic principles are
fundamental principles governing the cooperation between the Parties;

CONSIDERING that the Republic of Serbia has ratified the Convention for the
Protection of Human Rights and Fundamental Freedoms of 4 November 1950, the rights
enumerated in which correspond to those in the Charter of Fundamental Rights of the
European Union;

CONSIDERING that all operational activities of the Agency on the territory of the
Republic of Serbia should fully respect fundamental rights and the international

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agreements to which the European Union, its Member States and/or the Republic of
Serbia are party,

CONSIDERING that all persons participating in an operational activity are obliged to
comply with the national legislation of the Republic of Serbia, as well as relevant
international and Union law,

CONSIDERING that all persons participating in an operational activity are obliged to
maintain the highest standards of integrity, ethical conduct, and professionalism as well
as respect for fundamental rights and to meet obligations imposed upon them by the
provisions of the operational plan and the Agency’s code of conduct,

HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

_Article 1_

**Scope**

1. This Agreement governs all matters necessary for the deployment of border

management teams from the European Border and Coast Guard standing corps to
the Republic of Serbia where the team members may exercise executive powers.

2. The deployment referred to in paragraph 1 may take place on the territory of the

Republic of Serbia.

3. This Agreement shall cover the Republic of Serbia. This Agreement shall not cover

Kosovo*.

_Article 2_

**Definitions**

For the purposes of this Agreement, the following definitions apply:

(1) ‘operational activity’ means a joint operation or a rapid border intervention;

(2) ‘Agency’ means the European Border and Coast Guard Agency established by
Regulation (EU) 2019/1896 of the European Parliament and of the Council [ 1] or
any amendment thereto;

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).

- This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ
Opinion on the Kosovo declaration of independence.

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(3) ‘border control’ means the activity carried out at a border, in accordance with and
for the purposes of this Agreement, in response exclusively to an intention to
cross or the act of crossing that border, regardless of any other consideration,
consisting of border checks and border surveillance;

(4) ‘border management teams’ means teams formed from the European Border and
Coast Guard standing corps to be deployed during joint operations and rapid

border interventions at the external borders in Member States and in third

countries;

(5) ‘consultative forum’ means the advisory body established by the Agency pursuant
to Article 108 of Regulation (EU) 2019/1896;

(6) ‘European Border and Coast Guard standing corps’ means European Border and
Coast Guard standing corps provided for in Article 54 of Regulation (EU)
2019/1896;

(7) ‘EUROSUR’ means the framework for information exchange and cooperation
between the Member States and the European Border and Coast Guard Agency;

(8) ‘fundamental rights monitor’ means fundamental rights monitor as provided for in
Article 110 of Regulation (EU) 2019/1896;

(9) ‘home Member State’ means the Member State from which a staff member is
deployed or seconded to the European Border and Coast Guard standing corps;

(10) ‘incident’ means a situation relating to illegal immigration, cross-border crime, or

a risk to the lives of migrants at, along or in proximity to, the external borders of
the European Union or the Republic of Serbia;

(11) ‘joint operation’ means an action coordinated or organised by the Agency to

support the national authorities of the Republic of Serbia responsible for border
control aimed at addressing challenges such as irregular migration, present or
future threats at the borders of the Republic of Serbia or cross-border crime or
aimed at providing increased technical and operational assistance for the control
of those borders;

(12) ‘team member’ means a member of the European Border and Coast Guard

standing corps deployed through a border management team to participate in an
operational activity;

(13) ‘Member State’ means a Member State of the European Union;

(14) ‘operational area’ means the geographical area wherein an operational activity is

to take place;

(15) ‘participating Member State’ means a Member State which participates in an

operational activity, by providing technical equipment or staff of the European
Border and Coast Guard standing corps;

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(16) ‘personal data’ means any information relating to an identified or identifiable

natural person (‘data subject’); an identifiable natural person is one who can be
identified, directly or indirectly, in particular by reference to an identifier such as
a name, an identification number, location data, an online identifier or to one or

more factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that natural person;

(17) ‘rapid border intervention’ means an action aimed at responding to a situation of

specific and disproportionate challenge at the borders of the Republic of Serbia by
deploying border management teams in the territory of the Republic of Serbia for
a limited period of time to conduct border control together with the national
authorities of the Republic of Serbia responsible for border control;

(18) ‘Statutory staff’ means staff employed by the European Border and Coast Guard

Agency in accordance with the Staff Regulations of Officials of the European
Union and the Conditions of Employment of Other Servants of the Union laid
down in Council Regulation (EEC, Euratom, ECSC) No 259/68 [2] .

_Article 3_

**Launching Operational Activities**

1. An operational activity under this Agreement shall be launched by a written

decision of the executive director of the Agency (‘the executive director’) upon a
written request of the competent authorities of the Republic of Serbia. Such request
shall include a description of the situation, possible aims and envisaged needs, and
the profiles of staff needed, including those staff having executive powers, as
applicable.

2. If the executive director considers that the requested operational activity would

likely entail or lead to serious and/or persistent violations of fundamental rights or
international protection obligations, then the executive director shall not launch the
operational activity.

3. If, following the receipt of a request under paragraph 1, the Agency’s executive

director considers that further information is necessary in order to decide whether to
launch an operational activity, he or she may request further information or
authorise Agency experts to travel to the Republic of Serbia to assess the situation
there. The Republic of Serbia shall facilitate such travel.

4. The executive director shall decide not to launch an operational activity if he or she

considers there to be justified cause to suspend or terminate it pursuant to Article 18.

2 OJ EU L 56, 4.3.1968, p. 1.

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_Article 4_

**Operational Plan**

1. An operational plan shall be agreed upon for each operational activity between the

Agency and the Republic of Serbia in accordance with Articles 38 and 74 of
Regulation (EU) 2019/1896. The operational plan shall be binding on the Agency,
the Republic of Serbia and the participating Member States.

2. The operational plan shall set out in detail the organisational and procedural aspects

of the operational activity, including:

(a) a description of the situation, with _modus operandi_ and objectives of the

deployment, including the operational aim;

(b) the estimated time that the operational activity is expected to last in order to

achieve its objectives;

(c) the operational area;

(d) a description of the tasks, including those requiring executive powers,

responsibilities, including with regard to the respect for fundamental rights
and data protection requirements, and special instructions for the teams,
including on permissible consultation of databases and permissible service
weapons, ammunition and equipment in the Republic of Serbia;

(e) the composition of the border management team as well as the deployment

of other relevant staff/ presence of other members of the Agency’s statutory
staff, including fundamental rights monitors;

(f) command and control provisions, including the names and ranks of the

border guards or other relevant staff of the Republic of Serbia responsible
for cooperating with the team members and the Agency, in particular the
names and ranks of those border guards or other relevant staff who are in
command during the period of deployment, and the place of the team
members in the chain of command;

(g) the technical equipment to be deployed during the operational activity,

including specific requirements such as conditions for use, requested crew,
transport and other logistics, and financial provisions;

(h) detailed provisions on immediate incident reporting by the Agency to the

management board and to relevant authorities of the participating Member
States and of the Republic of Serbia of any incident encountered in the
course of an operational activity performed under this Agreement;

(i) a reporting and evaluation scheme containing benchmarks for the evaluation

report, including with regard to the protection of fundamental rights, and
final date of submission of the final evaluation report;

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(j) the terms of cooperation with Union bodies, offices and agencies other than

the Agency, other third countries or international organisations;

(k) general instructions on how to ensure the safeguarding of fundamental

rights during the operational activity including personal data protection and
obligations deriving from applicable international human rights instruments;

(l) procedures whereby persons in need of international protection, victims of

trafficking in human beings, unaccompanied minors and other persons in
vulnerable situations are directed to the competent national authorities for
appropriate assistance;

(m)procedures setting out a mechanism to receive and transmit to the Agency

and the Republic of Serbia complaints (including those lodged under Article
8(5) hereunder) against any person participating in an operational activity,
including border guards or other relevant staff of the Republic of Serbia and
team members, alleging breaches of fundamental rights in the context of
their participation in an operational activity of the Agency;

(n) logistical arrangements, including information on working conditions and

the environment of the areas in which the operational activity is to take
place; and

(o) provisions concerning an antenna office, as established in accordance with

Article 6.

3. The operational plan and any amendments thereto or adaptations thereof shall be

subject to the agreement of the Agency, the Republic of Serbia and any Member
States neighbouring the Republic of Serbia, after consultation of the participating

Member States.

4. Exchange of information and operational cooperation for the purposes of

EUROSUR shall take place in accordance with the rules for establishing and sharing
the specific situational pictures to be set out in the operational plan for the
operational activity concerned.

5. The evaluation of the operational activity in accordance with paragraph 2 point (i)

shall be conducted jointly by the Republic of Serbia and the Agency.

6. The terms of cooperation with the bodies, offices and agencies of the European

Union in accordance with paragraph 2 point (k) shall be conducted in line with their
respective mandates and within available resources.

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_Article 5_

**Incident Reporting**
The Agency and Ministry of Interior of the Republic of Serbia shall each have a
reporting mechanism to allow timely reporting of any incident encountered in the
course of an operational activity performed under this Agreement.

The Agency and the Republic of Serbia shall assist each other in carrying out all
necessary inquiries and investigations into any incident reported via such
mechanism such as identifying witnesses and collecting and producing evidence,
including requests to obtain and, if appropriate, hand over items connected with a
reported incident. The handing over of any such items may be made subject to their
return within the terms specified by the competent authority delivering them.
Assistance provided under this Article shall be done in accordance with relevant
international, European Union and national law.

_Article 6_

**Antenna Offices**

1. The Agency may establish antenna offices on the territory of the Republic of Serbia

to facilitate and improve coordination of operational activities and to ensure the
effective management of the human and technical resources of the Agency. The
location of the antenna office shall be established by the Agency, in consultation
with the relevant authorities of the Republic of Serbia.

2. The antenna offices shall be established in accordance with operational needs and

remain operational for the period of time necessary for the Agency to carry out
operational activities in the Republic of Serbia and the neighbouring region. Subject
to the agreement of the Republic of Serbia, that period of time may be prolonged by
the Agency.

3. Each antenna office shall be managed by a representative of the Agency appointed

by the executive director as head of the antenna office who shall oversee the overall

work of the office.

4. The antenna offices shall, where applicable:

(a) provide operational and logistical support and ensure the coordination of

Agency's activities in the operational areas concerned;

(b) provide operational support to the Republic of Serbia in the operational

areas concerned;

(c) monitor the activities of the teams and regularly report to the Agency's

headquarters;

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(d) cooperate with the Republic of Serbia on all issues related to the practical

implementation of the operational activities organised by the Agency in the
Republic of Serbia, including any additional issues that might have occurred
in the course of those activities;

(e) support the coordinating officer in his or her cooperation with the Republic

of Serbia on all issues related to their contribution to operational activities
organised by the Agency and, where necessary, liaise with the Agency's
headquarters;

(f) support the coordinating officer and fundamental rights monitor(s) assigned

to monitor an operational activity in facilitating, where necessary, the
coordination and communication between the Agency's teams and the
relevant authorities of the Republic of Serbia as well as any relevant tasks;

(g) organise logistical support relating to the deployment of the team members

and the deployment and use of technical equipment;

(h) provide all other logistical support regarding the operational area for which

a given antenna office is responsible, with a view to facilitating the smooth
running of the operational activities organised by the Agency;

(i) ensure the effective management of the Agency's own equipment in the

areas covered by its activities, including the possible registration and
long-term maintenance of that equipment and any logistical support needed;

and

(j) support other staff and/or activities of the Agency in the Republic of Serbia

as agreed between the Agency and the Republic of Serbia.

5. The Agency and the Republic of Serbia shall ensure the best possible conditions for

the fulfilment of the tasks assigned to the antenna office(s).

6. The Republic of Serbia shall provide the Agency with assistance to ensure the

operational capacity of the antenna office(s).

7. Further details relating to operations of the antenna offices will be agreed separately

between the Agency and the relevant authorities of the Republic of Serbia.

_Article 7_

**Coordinating Officer**
1. Without prejudice to the role of antenna offices as described in Article 6, the

executive director shall appoint one or more experts from the statutory staff to be
deployed as coordinating officer(s) for each operational activity. The executive
director shall notify the Republic of Serbia of such appointment.

2. The role of the coordinating officer shall be to:

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(a) act as an interface between the Agency, the Republic of Serbia and the team

members, providing assistance, on behalf of the Agency, on all issues
relating to the conditions of the deployment to the teams;

(b) monitor the correct implementation of the operational plan, including, in

cooperation with the fundamental rights monitor(s), as regards the
protection of fundamental rights, and report to the executive director
thereon;

(c) act on behalf of the Agency in all aspects of the deployment of the teams

and report to the Agency on all those aspects; and

(d) foster cooperation and coordination among the Republic of Serbia and

participating Member States.

3. In the context of operational activities, the executive director may authorise the

coordinating officer to assist in resolving any disagreement on the execution of the
operational plan and deployment of the teams.

4. The Republic of Serbia shall issue only instructions that are in compliance with the

operational plan to the team members. If the coordinating officer considers
instructions issued to team members not to be in compliance with the operational
plan or with applicable legal obligations, he or she shall immediately communicate
this to the Republic of Serbia officers carrying out a coordinating role and to the
executive director. The executive director may take appropriate measures, including
the suspension or the termination of the operational activity, in accordance with

Article 18.

_Article 8_

**Fundamental Rights**

1. In performing their obligations under this Agreement, the Parties undertake to act in

compliance with all applicable human rights law instruments, including the 1950
Council of Europe Convention for the Protection of Human Rights and Fundamental
Freedoms, the 1951 United Nations Convention Relating to the Status of Refugees
and the 1967 Protocol thereto, the 1965 United Nations International Convention on

the Elimination of All Forms of Racial Discrimination, the 1966 United Nations

International Covenant on Civil and Political Rights, the 1979 United Nations
Convention on the Elimination of All Forms of Discrimination against Women, the
1984 United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the 1989 United Nations Convention on the
Rights of the Child, the 2006 United Nations Convention on the Rights of Persons
with Disabilities, the 1966 International Covenant on Economic, Social and Cultural

Rights and the 2006 International Convention for the Protection of All Persons from
Enforced Disappearances .

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2. Team members shall, in the performance of their tasks and in the exercise of their

powers, fully respect fundamental rights, including access to asylum procedures and
human dignity, and shall pay particular attention to vulnerable persons. Any
measures taken in the performance of their tasks and in the exercise of their powers
shall be proportionate to the objectives pursued by such measures. While
performing their tasks and exercising their powers, they shall not discriminate
against persons on the basis of any grounds such as sex, race, colour, ethnic or
social origin, genetic features, language, religion or belief, political or any other
opinion, membership of a national minority, property, birth, disability, age or sexual
orientation in line with Article 21 of the Charter of Fundamental Rights of the
European Union.

Measures interfering with fundamental rights and freedoms may be taken by team
members in the performance of their tasks or in the exercise of their powers only
when necessary and proportionate to the objectives pursued by such measures and
must respect the essence of those fundamental rights and freedoms in accordance
with applicable international, European Union and national law.

This provision shall apply _mutatis mutandis_ to all staff of national authorities of the
Republic of Serbia participating in an operational activity.

3. The Agency’s fundamental rights officer shall monitor each operational activity’s

compliance with applicable fundamental rights standards. The fundamental rights
officer, or his or her deputy, may carry out on-the-spot visits to the third country; he
or she shall also provide opinions on the operational plans and inform the executive
director about possible violations of fundamental rights relating to an operational
activity. The Republic of Serbia shall support the fundamental rights officer’s
monitoring efforts, as requested.

4. The Agency and the Republic of Serbia agree to provide the consultative forum with

timely and effective access to all information concerning the respect for
fundamental rights in relation to any operational activity performed under this
Agreement, including through on-the-spot visits to the operational area.

5. The Agency and the Republic of Serbia shall each have a complaints mechanism to

process allegations of breaches of fundamental rights committed by their staff in the
exercise of their official functions in the course of an operational activity performed
under this Agreement.

_Article 9_

**Fundamental Rights Monitors**
1. The Agency’s fundamental rights officer shall assign at least one fundamental rights

monitor to each operational activity to, _inter alia_, assist and advise the coordinating

officer.

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2. The fundamental rights monitor shall monitor compliance with fundamental rights

and provide advice and assistance on fundamental rights in the preparation, conduct
and evaluation of the relevant operational activity. This shall include, in particular:

(a) following the preparation of operational plans and reporting to the

fundamental rights officer to enable him or her to fulfil his or her tasks as
provided for in Regulation (EU) 2019/1896;

(b) conducting visits, including long-term visits, where operational activities

take place;

(c) cooperating and liaising with the coordinating officer and providing advice

and assistance to him or her;

(d) informing the coordinating officer of and reporting to the fundamental rights

officer on any concerns regarding possible violations of fundamental rights
relating to the operational activity; and

(e) contributing to the evaluation of the operational activity as referred to in

Article 4(2) point (i).

3. Fundamental rights monitors shall have access to all areas in which the operational

activity takes place and to all documents relevant for the implementation of that
activity.

4. While present in the operational area, fundamental rights monitors shall wear

insignia that clearly allow for their identification as fundamental rights monitors.

_Article 10_

**Team Members**

1. Team members shall have the authority to perform the tasks described in the

operational plan.

2. Team members shall comply with the laws and regulations of the Republic of Serbia

as well as applicable Union and international law, particularly while performing
their tasks and exercising their powers.

3. Team members may perform tasks and exercise powers in the territory of the

Republic of Serbia only under instructions from, and in the presence of, border
management authorities of the Republic of Serbia. The Republic of Serbia may
authorise team members to perform specific tasks and to exercise specific powers on
its territory in the absence of its border management authorities subject to the
consent of the Agency or the home Member State, as appropriate.

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4. Team members who are statutory staff shall wear the uniform of the European

Border and Coast Guard standing corps while performing their tasks and exercising
their powers unless specified otherwise in the operational plan.

Team members who are not statutory staff shall wear their national uniform while
performing their tasks and exercising their powers unless specified otherwise in the
operational plan.

While on duty, all team members shall also wear visible personal identification and
a blue brassard with the insignias of the European Union and of the Agency on their

uniforms.

5. The Republic of Serbia shall authorise relevant team members to perform tasks

during an operational activity that require the use of force, including the carrying
and use of service weapons, ammunition and other equipment, in accordance with
the relevant provisions of the operational plan.

  Team members who are statutory staff may carry and use service weapons,
ammunition and other coercive means subject to the consent of the Agency.

  Team members who are not statutory staff may carry and use service weapons,
ammunition and other coercive means subject to the consent of the relevant

home Member State.

6. The use of force, including the carrying and use of service weapons, ammunition

and other equipment, shall be exercised in accordance with the national law of the
Republic of Serbia and in the presence of border management authorities of the
Republic of Serbia. The Republic of Serbia may authorise team members to use
force in the absence of relevant border management authorities of the Republic of

Serbia.

   For team members who are statutory staff, such authorisation to use force in the
absence of border management authorities of the Republic of Serbia shall be
subject to the consent of the Agency.

  For team members who are not statutory staff, such authorisation to use force in
the absence of border management authorities of the Republic of Serbia shall be
subject to the consent of the relevant home Member State.

Any use of force by team members must be necessary and proportionate and comply
fully with applicable Union, international and national law, including, in particular,
the requirements laid down in Annex V to Regulation (EU) 2019/1896.

7. The Agency shall, in advance of the deployment of the team members, inform the

Republic of Serbia of the service weapons, ammunition and other equipment team
members may carry under paragraph 5 of this article. The Republic of Serbia may
prohibit the carrying of certain service weapons, ammunition and other equipment,

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provided that its own law applies the same prohibition to its own border
management authorities. The Republic of Serbia shall, in advance of the deployment
of the team members, inform the Agency of the permissible service weapons,
ammunition and equipment and of the conditions for their use. The Agency shall

make this information available to Member States.

The Republic of Serbia shall make the necessary arrangements for the issuance of
any necessary weapon permits and facilitate the import, export, transport and
storage of weapons, ammunition and other equipment at the disposal of the team
members as requested by the Agency.

8. Service weapons, ammunition and equipment may be used in legitimate self-defence

and in legitimate defence of team members or of other persons in accordance with
the national law of the Republic of Serbia in line with relevant principles of

international and Union law.

9. The competent authority of the Republic of Serbia may, upon request, authorise data

from its national databases to be shared with team members if necessary for
fulfilling operational aims in accordance with the operational plan. Team members
shall only consult data which is necessary for performing their tasks and exercising
their powers.

10. For the implementation of operational activities, the Republic of Serbia shall deploy

officers of the Border Police Directorate of the Republic of Serbia who are able and
willing to communicate in English to carry out a coordinating role on behalf of the
Republic of Serbia.

_Article 11_

**Privileges and Immunities of the Property, Funds,**

**Assets and Operations of the Agency**

1. Any premises and buildings of the Agency in the Republic of Serbia shall be

inviolable. They shall be exempt from search, requisition, confiscation or
expropriation.

2. The Agency’s property and assets, including means of transport, communications,

archives, any correspondence, documents, identity papers and financial assets shall

be inviolable.

3. The Agency’s assets include assets owned, co-owned, chartered or leased by a

Member State and offered to the Agency. Upon the embarkation of representative(s)
of competent national authorities, those shall be treated as assets being on
government service and authorised to that effect.

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4. No measures of execution may be taken in respect of the Agency. The Agency’s

property and assets shall not be the subject of any administrative or legal measure of
constraint. Property of the Agency shall be free from seizure for the satisfaction of a
judgment, decision or order.

5. The Republic of Serbia shall permit the entry and removal of articles and equipment

deployed by the Agency to the Republic of Serbia for operational purposes.

6. Upon request by the relevant judicial authorities of the Republic of Serbia, the

executive director may give consent for relevant national authorities of the Republic
of Serbia to enter the premises and building and/or to access the property of the
Agency in cases of serious suspicion of criminal offences. The consent of the
executive director may be assumed in the event of fire or other disaster requiring
prompt protective action.

7. The Agency shall be exempt from all duties (including customs duties) and taxes as

well as any prohibitions and restrictions on imports and exports in respect of articles

intended for its official use.

_Article 12_

**Privileges and Immunities of the Team Members**

1. The subsequent privileges and immunities granted to the team members aim at

ensuring the exercise of their official functions in the course of the actions carried
out in accordance with the operational plan on the territory of the Republic of

Serbia.

2. Team members shall not be subject to any form of inquiry or legal proceedings in

the Republic of Serbia or by authorities of the Republic of Serbia, except under the
circumstances as referred to in paragraph 3.

3. Team members shall enjoy immunity from the criminal, civil and administrative

jurisdiction of the Republic of Serbia in respect of all acts performed by them in the

exercise of their official functions.

Where the authorities of the Republic of Serbia intend to institute criminal, civil or
administrative proceedings against a team member before any court of the Republic
of Serbia, the competent authorities of the Republic of Serbia shall immediately
notify the executive director thereof. The notification procedure shall be in line with
the applicable Agency decision thereon, which shall be set out in the operational
plan.

Following receipt of such notification, the executive director shall, without undue
delay, inform the relevant authorities of the Republic of Serbia whether the act in
question was performed by the team member in the exercise of their official

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functions. If the act was stated as having been performed in the exercise of official
functions, the proceedings shall not be initiated. If the act was stated as not having
been performed in the exercise of official functions, the proceedings may be
initiated. The qualification by the executive director shall be binding upon the
Republic of Serbia, which shall not contest it.

4. Pending this qualification, the Agency shall refrain from taking any measure

intended to jeopardise possible subsequent criminal prosecution of the team member
by the competent authorities of the Republic of Serbia, including facilitating the
departure of the concerned team member from the Republic of Serbia to their home

Member State.

5. The premises, dwellings, means of transport and communications, and possessions,

including any correspondence, documents, identity papers and assets of team
members shall be inviolable, except in case of measures of execution as permitted
pursuant to paragraph 8.

6. The Republic of Serbia shall be liable for any damage caused by team members to

third parties in the exercise of their official functions.

In the event of damage caused by gross negligence or wilful misconduct or not in
the exercise of official functions by a team member who is a member of the
statutory staff, the Republic of Serbia may request, via the executive director, that
compensation be paid by the Agency.

In the event of damage caused by gross negligence or wilful misconduct or not in
the exercise of official functions by a team member who is not a member of the
statutory staff of the Agency, the Republic of Serbia may request, via the Agency’s
executive director, that compensation be paid by the home Member State concerned.

Neither Party nor any participating Member State nor the Agency shall be liable for
damage caused in the Republic of Serbia due to a force majeure event beyond its

control.

7. Team members shall not be obliged to give evidence as witnesses in legal

proceedings in the Republic of Serbia.

8. No measures of execution may be taken in respect of team members, except in cases

where criminal, civil or administrative proceedings not related to their official
functions are instituted against them. Property of team members that is certified by
the Agency’s executive director to be necessary for the fulfilment of their official
functions shall be free from seizure for the satisfaction of a judgment, decision or
order. In criminal, civil or administrative proceedings, team members shall not be
subject to any restrictions on their personal liberty or to any other measures of

constraint.

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9. Team members shall, with respect to services rendered for the Agency, be exempt

from social security provisions which may be in force in the Republic of Serbia.

10. The salary and emoluments paid to team members by the Agency and/or the home

Member States, as well as any income team members receive from outside the
Republic of Serbia, shall not be taxed in any form in the Republic of Serbia.

11. The Republic of Serbia shall permit the entry of articles for the personal use of team

members and shall grant exemption from all duties (including customs duties), taxes
and related charges other than charges for storage, transport and similar services, in
respect of such articles. The Republic of Serbia shall also allow the export of such

articles.

12. Team members’ personal baggage shall be exempt from inspection, unless there are

serious grounds for considering that it contains articles that are not for the personal
use of team members, or articles whose import or export is prohibited by the law or
subject to quarantine regulations of the Republic of Serbia. Inspection of such
personal baggage shall be conducted only in the presence of team members
concerned or an authorised representative of the Agency.

13. The Agency and the Republic of Serbia shall appoint contact points that are

available at all times and who shall be responsible for the exchange of information
and immediate actions to be taken in case an act performed by a team member may
be in violation of criminal law as well as for the exchange of information and the
operational activities in relation to any civil and administrative proceedings against

a team member.

Until action is taken by the competent authorities of the home Member State, the
Agency and the Republic of Serbia shall assist each other in carrying out all
necessary inquiries and investigations into any alleged criminal offence in respect of
which either or both the Agency or the Republic of Serbia have an interest, in the
identification of witnesses and in the collection and production of evidence,
including the request to obtain and, if appropriate, the handing over of items
connected with a purported criminal offence. The handing over of any such items
may be made subject to their return within the terms specified by the competent
authority delivering them.

_Article 13_

**Injured or Deceased Team Members**

1. Without prejudice to Article 12, the executive director shall have the right to take

charge of, and make suitable arrangements for, the repatriation of any injured or
deceased team members, as well as of their personal property.

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2. An autopsy shall be performed on a deceased team member only with the express

consent of the home Member State concerned and in the presence of a representative
of the Agency or of the home Member State concerned.

3. The Republic of Serbia and the Agency shall cooperate to the fullest extent possible

to enable the prompt repatriation of injured or deceased team members.

_Article 14_

**Accreditation Document**

1. The Agency shall, in cooperation with the Republic of Serbia, issue a document in

Serbian and in English to each team member for the purposes of identification vis-àvis the national authorities of the Republic of Serbia and as proof of the holder’s
rights to perform the tasks and exercise the powers referred to in Article 10 of this
Agreement and in the operational plan (the ‘accreditation document’).
2. The accreditation document shall include the following information on the staff

member: name and nationality; rank or job title; a recent digitised photograph and
tasks authorised to be performed during the deployment.

3. For the purposes of identification vis-à-vis the national authorities of the Republic

of Serbia, team members shall be obliged to carry the accreditation document on
their person at all times.

4. The Republic of Serbia shall recognise the accreditation document, in combination

with a valid travel document, as granting the relevant team member entry and stay in
the Republic of Serbia without the need for a visa, prior authorisation or any other
document up to the day of its expiration.

5. The accreditation document shall be returned to the Agency at the end of the

deployment. The competent authorities of the Republic of Serbia shall be informed

thereof.

_Article 15_

**Application to Agency Staff Not Deployed as Team Members**

Articles 12, 13 and 14 shall apply _mutatis mutandis_ to all Agency staff deployed to the
Republic of Serbia who are not team members, including fundamental rights monitors
and the statutory staff deployed to antenna offices.

_Article 16_

**Protection of Personal Data**

1. The communication of personal data shall take place only if such communication is

necessary for the implementation of this Agreement by the competent authorities of
the Republic of Serbia or the Agency. The processing of personal data by an

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authority in a particular case, including the transfer of such personal data to the
other Party, shall be subject to the data protection rules applicable to that authority.
The Parties shall ensure the following minimum safeguards as a precondition for
any data transfer:

(a) personal data must be processed lawfully, fairly, and in a transparent manner

in relation to the data subject;

(b) personal data must be collected for the specified, explicit and legitimate

purpose of implementing this Agreement and not further processed by the
communicating authority nor receiving authority in a way incompatible with
that purpose;

(c) personal data must be adequate, relevant and limited to what is necessary in

relation to the purpose for which they are collected or further processed; in
particular, personal data communicated in accordance with the law applicable
to the communicating authority may concern only one or more of the
following:

–
First name;

–
Last name;

–
Date of birth;

–
Nationality;

–
Rank;

–
Travel document bio page;

–
Accreditation document;

–
ID/passport/accreditation document picture;

–
E-mail address;

–
Mobile phone number;

–
Weapon details;

–
Duration of the deployment;

–
Location of the deployment;

–
Aircraft or vessel identification numbers;

–
Arrival date;

–
Arrival airport/border crossing point;

–
Arrival flight number;

–
Departure date;

–
Departure airport/border crossing point;

–
Departure flight number;

–
Home Member State/third country;

–
Deploying authority;

–
Tasks/operational profile;

–
Means of transportation;
– Route

of team members, Agency staff, relevant observers, or members of staff
exchange programmes;

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(d) personal data must be accurate and, where necessary, kept up to date;

(e) personal data must be kept in a form which permits identification of data

subjects for no longer than is necessary for the purpose for which the data
were collected or for which they are further processed;

(f) personal data must be processed in a manner that ensures appropriate security

of the personal data, taking into account the specific risks of processing,
including protection against unauthorised or unlawful processing and against
accidental loss, destruction or damage, using appropriate technical or
organisational measures (‘data breach’); the receiving authority shall take
appropriate measures to address any data breach, and shall notify the
communicating authority of such breach without undue delay and within 72
hours;

(g) both the communicating authority and the receiving authority shall take every

reasonable step to ensure without delay the rectification or erasure, as
appropriate, of personal data where the processing does not comply with this
Article, in particular because those data are not adequate, relevant, accurate,
or they are excessive in relation to the purpose of processing; this includes the
notification of any rectification or erasure to the other Party;

(h) upon request, the receiving authority shall inform the communicating

authority of the use of the communicated data;

(i) personal data may be communicated only to the following competent

authorities:

–
the Agency; and

–
the Ministry of Interior of the Republic of Serbia.

Further communication to other bodies requires the prior authorisation of the
communicating authority;

(j) the communicating and the receiving authorities are under an obligation to

make a written record of the communication and receipt of personal data;

(k) independent oversight shall be in place to oversee data protection compliance,

including to inspect such records; data subjects shall have the right to bring
complaints to the oversight body, and to receive a response without undue
delay;

(l) data subjects shall have the right to receive information on the processing of

their personal data, access such data and the rectification or erasure of

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inaccurate or unlawfully processed data, subject to necessary and
proportionate limitations on important grounds of public interest; and

(m) data subjects shall have the right to effective administrative and judicial

redress for violation of the aforementioned safeguards.

2. Each Party shall conduct periodic reviews of its own policies and procedures that

implement this Article. Upon request by the other Party, the Party that received the
request shall review its personal data processing policies and procedures to ascertain
and confirm that the safeguards in this Article are implemented effectively. The
results of the review shall be communicated to the Party that requested the review

within a reasonable time.

3. The data protection safeguards under this Agreement shall be subject to oversight by

the European Data Protection Supervisor and the Commissioner for Information of
Public Importance and Personal Data Protection of the Republic of Serbia.

4. The Parties shall cooperate with the European Data Protection Supervisor, as the

supervisory authority of the Agency.

5. The Agency and the Republic of Serbia shall draw up a common report on the

application of this article at the end of each operational activity. This report shall be
sent to the Agency's fundamental rights officer and data protection officer as well as
to the Commission for Information of Public Importance and Personal Data
Protection and the Ombudsman of the Republic of Serbia.

6. The Agency and the Republic of Serbia shall set out detailed rules on the

communication and processing of personal data for the purposes of operational
activities under this Agreement in specific provisions of the relevant operational
plans. Those provisions shall comply with the relevant requirements of Union law
and the law of the Republic of Serbia. They shall describe, _inter alia_, the intended
purpose of the communication, the controller(s) and all roles and responsibilities,
the categories of data communicated, the specific data retention periods, and all
minimum safeguards. In the interest of transparency and foreseeability, those
provisions shall be made publicly available in accordance with the relevant guidance
of the European Data Protection Board.

_Article 17_

**Exchange of Classified and Sensitive Non-Classified Information**

1. Any exchange, sharing or dissemination of classified information in the framework

of this Agreement shall be covered by a separate administrative arrangement
concluded between the Agency and the relevant authorities of the Republic of Serbia
that shall be subject to the prior approval of the European Commission.

2. Any exchange of sensitive non-classified information in the framework of this

Agreement:

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(a) shall be handled by the Agency in accordance with Article 9(5) of

Commission Decision (EU, Euratom) 2015/443 [ 3] ;

(b) shall receive a level of protection by the receiving Party that is equivalent to

the level of protection offered by the measures applied to that information by
the communicating Party in terms of confidentiality, integrity and
availability; and

(c) shall be conducted via an information exchange system that fulfils the criteria

of availability, confidentiality and integrity for sensitive non-classified
information, such as the communication network referred to in Article 14 of
Regulation (EU) 2019/1896.

3. The Parties shall comply with intellectual property rights related to any data

processed in the framework of this Agreement.

_Article 18_

**Decision to Suspend, Terminate and/or**
**Withdraw Financing for an Operational Activity**
1. If the conditions to conduct an operational activity are no longer fulfilled, the

executive director shall terminate that operational activity after informing the
Republic of Serbia in writing.

2. If this Agreement or an operational plan has not been respected by the Republic of

Serbia, the executive director may withdraw financing of the relevant operational
activity, and/or suspend or terminate it, after informing the Republic of Serbia in
writing.

3. If the security of any participant of an operational activity deployed in the Republic

of Serbia cannot be guaranteed, the executive director may suspend or terminate the
relevant operational activity or aspects thereof.

4. If the executive director considers that violations of fundamental rights or

international protection obligations that are of a serious nature or are likely to persist
have taken place or are likely to take place in relation to an operational activity
performed under this Agreement, he or she shall withdraw the financing of the
relevant operational activity, and/or suspend or terminate it, after informing the
Republic of Serbia.

5. The Republic of Serbia may request the executive director to suspend or terminate

an operational activity if this Agreement or an operational plan is not respected by a

3 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission, (OJ L 72,

17.3.2015, p. 41).

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team member. Such request shall be made in writing and shall include the reasons

therefor.

6. A suspension, termination or withdrawal of financing under this Article shall take

effect from the date of notification to the Republic of Serbia. It shall not affect any
rights or obligations arising out of the application of this Agreement or the
operational plan before such suspension, termination or withdrawal of financing.

_Article 19_

**Combating Fraud**

1. The Republic of Serbia shall notify the Agency, the European Public Prosecutor’s

Office and/or the European Anti-Fraud Office forthwith if it becomes aware of the
existence of credible allegations of fraud, corruption or any other illegal activities
that may affect the interests of the European Union.

2. Where such allegations relate to European Union funds disbursed in relation to this

Agreement, the Republic of Serbia shall provide all necessary assistance to the
European Anti-Fraud Office and/or the European Public Prosecutor’s Office in
relation to investigative activities on its territory, including facilitating interviews,
on-the-spot checks and inspections (including access to information systems and
databases in the Republic of Serbia); and facilitating access to any relevant
information concerning the technical and financial management of matters financed
partly or wholly by the European Union.

_Article 20_

**Implementation of this Agreement**

1. For the Republic of Serbia, this Agreement shall be implemented by the Ministry of

Interior of the Republic of Serbia.

2. For the European Union, this Agreement shall be implemented by the Agency.

_Article 21_

**Dispute Settlement**

1. Any disputes arising in connection with the application of this Agreement shall be

examined jointly by representatives of the Agency and the competent authorities of
the Republic of Serbia.

2. Failing any prior settlement, disputes concerning the interpretation or application of

this Agreement shall be settled exclusively by negotiation between the Parties.

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_Article 22_

**Entry into Force, Amendment, Duration,**
**Suspension and Termination of the Agreement**

1. This Agreement shall be subject to ratification, acceptance or approval by the

Parties in accordance with their own internal legal procedures. The Parties shall
notify one another of the completion of the procedures necessary for that purpose.

2. This Agreement shall enter into force on the first day of the second month following

the date on which the Parties have notified each other of the completion of the
internal legal procedures in accordance with paragraph 1.

3. The Status Agreement between the Republic of Serbia and the European Union on

actions carried out by the European Border and Coast Guard Agency in the Republic
of Serbia, signed in Belgrade on 18 November 2019 and Skopje on 19 November
2019, is hereby repealed and replaced by this Agreement.

4. This Agreement may be amended only in writing by mutual consent of the Parties.

5. This Agreement is concluded for an indefinite period. It may be suspended or

terminated by written agreement between the Parties or unilaterally by either Party.

In case of a unilateral suspension or termination, the Party wishing to suspend or
terminate shall notify the other Party thereof in writing. A unilateral termination or
suspension of this Agreement shall take effect on the first day of the second month
following the month during which the notification was given.

6. Notifications made in accordance with this Article shall be sent, in the case of the

European Union, to the Secretary General of the Council of the European Union
and, in the case of the Republic of Serbia, to the Ministry of Foreign Affairs of the
Republic of Serbia.

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Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian,
Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Serbian
languages, each of those texts being equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this
effect, have signed this Agreement.

Done at _XX_, date, _DD/MM/YYYY_

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