Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File:**

**2022/0300(NLE)**

**PROPOSAL**

**Brussels, 26 September 2022**
**(OR. en)**

**12793/22**
**ADD 1**

**FRONT 332**
**COWEB 99**
**MIGR 269**

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

date of receipt: 23 September 2022

To: General Secretariat of the Council

No. Cion doc.: COM(2022) 491 final ANNEX

Subject: ANNEX to the Proposal for a COUNCIL DECISION 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

Delegations will find attached document COM(2022) 491 final ANNEX.

Encl.: COM(2022) 491 final ANNEX

12793/22 ADD 1 BS/ml

## JAI.1 EN

EUROPEAN

COMMISSION

**ANNEX**

_**to the**_

Brussels, 23.9.2022
COM(2022) 491 final

ANNEX

**Proposal for a**

**COUNCIL DECISION**

**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**

# **EN EN**

**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**

### T HE E UROPEAN U NION, and THE R EPUBLIC OF N ORTH M ACEDONIA,

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 North Macedonia, including on the territory of the
Republic of North Macedonia,

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 North Macedonia,

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

WHEREAS the Parties will comply with the provisions set out in the declarations
attached to this Status Agreement,

1

CONSIDERING that the Republic of North Macedonia, a candidate country for
membership of the European Union since 2005, closely cooperates with the Union in
managing migratory flows and countering illegal immigration and cross border crime,

CONSIDERING the high level of protection of personal data in the Republic of North
Macedonia and the European Union; and,

CONSIDERING that the Republic of North Macedonia has ratified the 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 North Macedonia 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 North Macedonia should fully respect fundamental rights and the
international agreements to which the European Union, its Member States and/or the
Republic of North Macedonia are party,

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,

2

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 North Macedonia 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 North Macedonia.

_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 [1] on the European Border and Coast Guard or any
amendment thereto;

(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;

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 EU
L 295, 14.11.2019, p. 1).

3

(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 North Macedonia;

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

support the national authorities of the Republic of North Macedonia responsible
for border control aimed at addressing challenges such as illegal immigration,
present or future threats at the borders of the Republic of North Macedonia 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;

(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

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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 North
Macedonia by deploying border management teams in the territory of the
Republic of North Macedonia for a limited period of time to conduct border
control together with the national authorities of the Republic of North Macedonia
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] ;

(19) ‘executive powers’ means powers necessary to perform the tasks required for

border control which are conducted on the territory of the Republic of North
Macedonia during an operational activity as provided for in the operational plan.

_Article 3_

**Launching Operational Activities**

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

decision of the Agency’s executive director upon a written request of the competent
authorities of the Republic of North Macedonia. 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 Agency’s 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 North Macedonia to assess the
situation there. The Republic of North Macedonia shall facilitate such travel.

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

5

4. The Agency’s 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 under the
relevant provisions of Article 18.

_Article 4_

**Operational Plan**

1. For each operational activity, the Agency shall draw up an operational plan in

accordance with Articles 38 and 74 of Regulation (EU) 2019/1896. This operational
plan shall be agreed upon between the Agency and the Republic of North
Macedonia and shall be binding on the Agency, the Republic of North Macedonia
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 North Macedonia;

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

of other relevant staff/ the 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 North Macedonia
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

6

States and of the Republic of North Macedonia 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;

(j) [ _Intentionally left blank_ ];

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

the Agency, other third countries or international organisations;

(l) 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;

(m)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;

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

and the Republic of North Macedonia 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 North Macedonia and team members, alleging breaches of
fundamental rights in the context of their participation in an operational
activity of the Agency;

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

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

(p) 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 North Macedonia and the
Member States neighbouring the Republic of North Macedonia and/or bordering the
operational area, 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.

7

5. The evaluation of the operational activity in accordance with paragraph (3)(i) of this

Article shall be conducted jointly by the Republic of North Macedonia and the
Agency.

6. The terms of cooperation with Union bodies, offices and agencies in accordance

with paragraph (3)(k) of this Article shall be conducted in line with their respective

mandates and within available resources.

_Article 5_

**Incident Reporting**
The Agency and the Ministry of Interior of the Republic of North Macedonia shall
each have an incident 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 North Macedonia 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.

_Article 6_

**Antenna Offices**

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

Macedonia 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 North Macedonia.

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 North Macedonia. Subject to the agreement
of the Republic of North Macedonia, 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.

8

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 North Macedonia in the

operational areas concerned;

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

headquarters;

(d) cooperate with the Republic of North Macedonia on all issues related to the

practical implementation of the operational activities organised by the
Agency in the Republic of North Macedonia, including any additional issues
that might have occurred in the course of these activities;

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

of North Macedonia 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 North Macedonia 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 longterm maintenance of that equipment and any logistical support needed; and,
(j) support other staff and/or activities of the Agency in the Republic of North

Macedonia as agreed between the Agency and the Republic of North

Macedonia.

5. The Agency and the Republic of North Macedonia shall ensure the best possible

conditions for the fulfilment of the tasks assigned to the antenna offices.

6. The Republic of North Macedonia shall provide the Agency with reasonable

assistance to ensure the operational capacity of the antenna offices.

9

_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 of the
Agency to be deployed as coordinating officer(s) for each operational activity. The
executive director shall notify the Republic of North Macedonia of such
appointment.

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

(a) act as an interface between the Agency, the Republic of North Macedonia

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 North

Macedonia 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 North Macedonia 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 North Macedonia 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 of this Agreement.

_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
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 Convention on the Elimination of All Forms of Racial

10

Discrimination, the 1966 International Covenant on Civil and Political Rights, the
1979 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 and the 2006 United Nations Convention on
the Rights of Persons with Disabilities.

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 and/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 these fundamental rights and freedoms in
accordance with applicable international, Union and national law.

This provision shall apply _mutatis mutandis_ to all staff of national authorities of the
Republic of North Macedonia 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 Agency’s
executive director about possible violations of fundamental rights relating to an
operational activity. The Republic of North Macedonia shall support the
fundamental rights officer’s monitoring efforts, as requested.

4. The Agency and the Republic of North Macedonia 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 North Macedonia 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.

11

_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.

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(3)(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. While performing their tasks and exercising their powers, team members shall

comply with the laws and regulations of the Republic of North Macedonia. Team
members shall also comply with applicable Union and international law while
performing their tasks and exercising their powers.

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

Republic of North Macedonia only under instructions from, and in the presence of,

12

border management authorities of the Republic of North Macedonia. The Republic
of North Macedonia may authorise team members to perform specific tasks and/or
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.
4. Team members who are statutory staff of the Agency 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 of the Agency 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 North Macedonia 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 of the Agency may carry and use, service
weapons, ammunition and other equipment subject to the consent of the Agency.

  Team members who are not statutory staff of the Agency may carry and use
service weapons, ammunition and other equipment 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 North Macedonia and in the presence of border management authorities
of the Republic of North Macedonia. The Republic of North Macedonia may
authorise team members to use force in the absence of relevant border management
authorities of the Republic of North Macedonia.

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

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

State.

Without prejudice to the requirements of national law, any use of force by team
members shall comply with the principles of necessity and proportionality, and with
the duty of precaution. Any such use of force must also comply fully with applicable

13

Union and international law, including the rules 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 North Macedonia of the service weapons, ammunition and other
equipment team members may carry under paragraph 5 of this Article. The Republic
of North Macedonia may prohibit the carrying of certain service weapons,
ammunition and other equipment, provided that its own law provides for the same
prohibition to its own border management authorities. The Republic of North
Macedonia 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 North Macedonia 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 defined in the operational plan, 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 North Macedonia. Any such use shall respect the
relevant principles of international and Union law.

9. National databases shall be accessed only by persons authorised by the Republic of

North Macedonia. The Republic of North Macedonia may allow data from its

national databases to be shared with team members 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 North Macedonia

shall deploy officers of national authorities of the Republic of North Macedonia
responsible for border management who are able and willing to communicate in
English to carry out a coordinating role on behalf of the Republic of North

Macedonia.

_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 North Macedonia

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

14

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, these shall be treated as assets being on
government service and authorised to that effect.

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 North Macedonia shall permit the entry and removal of articles and

equipment deployed by the Agency to the Republic of North Macedonia for
operational purposes.

6. 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, regardless whether they are transported by the Agency
or a third party.

_Article 12_

**Privileges and Immunities of the Team Members**

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

the Republic of North Macedonia or by authorities of the Republic of North
Macedonia, except under the circumstances referred to in paragraph 2 of this

Article.

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

jurisdiction of the Republic of North Macedonia in respect of all acts performed by

them in the exercise of their official functions.

Where the authorities of the Republic of North Macedonia intend to institute
criminal, civil or administrative proceedings against a team member before any
court of the Republic of North Macedonia, the competent authorities shall
immediately notify the Agency’s executive director thereof.

15

Following receipt of such notification, the Agency’s executive director shall,
without undue delay, inform the relevant authorities of the Republic of North
Macedonia whether the act in question was performed by the team member in the
exercise of his or her official functions. If the act was stated as performed in the
exercise of official functions, the proceedings shall not be initiated. If the act was
stated as not performed in the exercise of official functions, the proceeding may be
instituted. The qualification by the Agency’s executive director shall be binding
upon the Republic of North Macedonia, which may not contest it.

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 North Macedonia, including
facilitating the return of the concerned team member from the Republic of North

Macedonia to his/her home Member State.

3. The initiation of proceedings by team members shall preclude them from invoking

immunity from jurisdiction in respect of any counter-claim directly connected with
the principal claim.

4. 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 of this Article.

5. The Republic of North Macedonia shall be liable for any damage caused by team

members to third parties in the exercise of their official functions.

6. In case 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 of the Agency, the Republic of North Macedonia may request, via the
Agency’s executive director, that compensation be paid by the Agency.

In case 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 North Macedonia may request, via the
Agency’s executive director, that compensation be paid by the home Member State

concerned.

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

proceedings in the Republic of North Macedonia.

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

case where a criminal, civil or administrative proceeding not related to their official

16

functions is instituted against them. Property of team members, which 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.

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 North

Macedonia.

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 North Macedonia, shall not be taxed in any form in the Republic of

North Macedonia.

11. The Republic of North Macedonia 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 North Macedonia 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 North Macedonia. 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 North Macedonia shall appoint contact points that

are available at all times 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 North Macedonia 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 North Macedonia
have an interest, in the identification of witnesses and in the collection and

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production of evidence, including the request to obtain of 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.

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 and/or the home Member State concerned. If such autopsy is
conducted outside the Republic of North Macedonia, the Republic of North
Macedonia shall be informed of the results of the autopsy upon request.

3. The Republic of North Macedonia and the Agency shall cooperate to the fullest

extent possible with a view to the early repatriation of injured or deceased team

members.

_Article 14_

**Accreditation Document**

1. The Agency shall issue a document in the Macedonian and English languages to

each team member for the purposes of identification vis-à-vis the national
authorities of the Republic of North Macedonia 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 North Macedonia, team members shall be obliged to carry the accreditation
document on their person at all times.

4. The Republic of North Macedonia 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 North Macedonia without the need for a visa, prior
authorisation or any other document, up to the day of its expiration.

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

deployment. The competent authorities of the Republic of North Macedonia 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 North Macedonia who are not team members, including fundamental rights
monitors and the Agency’s 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 North Macedonia or the Agency. The processing of personal data by
an 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 and/or further processed;
in particular, personal data communicated in accordance with the law
applicable to the communicating authority may concern only 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;

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–
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, and/or;
– Route

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

(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 Party shall take
appropriate measures to address any data breach, and shall notify the
communicating Party 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 the
provisions of 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

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–
the Ministry of Interior of the Republic of North Macedonia.

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 rectification or erasure of 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 will conduct periodic reviews of its own policies and procedures that

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

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

the European Data Protection Supervisor and the Agency for Personal Data
Protection of the Republic of North Macedonia.

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

supervisory authority of the Agency.

5. The Agency and the Republic of North Macedonia 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 Agency for Personal Data Protection of the Republic of North

Macedonia.

6. The Agency and the Republic of North Macedonia 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. These provisions shall comply with the relevant requirements of the laws of
the European Union law and of the Republic of North Macedonia. They shall

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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, these 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 North
Macedonia 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:

(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 information exchange system that fulfils the criteria of

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

3. The Parties will 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

Agency’s executive director shall terminate that operational activity after informing
the Republic of North Macedonia in writing.

2. If the provisions of this Agreement or of the operational plan have not been

respected by the Republic of North Macedonia, the Agency’s executive director may

3 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission, (OJ EU L 72,
17.3.2015, p. 41).

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withdraw financing of the relevant operational activity, and/or suspend or terminate
it, after informing the Republic of North Macedonia in writing.

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

of North Macedonia cannot be guaranteed, the Agency’s executive director may
suspend or terminate the relevant operational activity or aspects thereof.

4. If the Agency’s 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 North Macedonia.

5. The Republic of North Macedonia may request the Agency’s executive director to

suspend or terminate an operational activity if the provisions of this Agreement or of
the operational plan are not respected by a 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 North Macedonia. 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. If it becomes aware of the existence of credible allegations of fraud, corruption or

any other illegal activities connected to the implementation of this Agreement, the
Republic of North Macedonia shall immediately notify the Agency, the European
Anti-Fraud Office and/or any other institutions, bodies or authorities of the
European Union competent in such matters.

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

Agreement, the Republic of North Macedonia shall, in accordance with any
applicable established cooperation mechanisms, provide all necessary assistance to
the aforementioned institutions, bodies, authorities in relation to investigative
activities on its territory.

_Article 20_

**Implementation of this Agreement**

1. For the Republic of North Macedonia, this Agreement shall be implemented by the

Ministry of Interior of the Republic of North Macedonia.

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

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_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 Republic of North
Macedonia's competent authorities.

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

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

_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 of this Article.

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

4. This Agreement is concluded for an indefinite period. The Agreement may be

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

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

5. 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 North Macedonia, to the Ministry of Foreign
Affairs of the Republic of North Macedonia.

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Done 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 Macedonian
languages, each of these texts being equally authentic.

For the European Union               For the Republic of North Macedonia

Done at XX, date, DD/MM/YYYY.

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DECLARATION WITH REGARD TO ICELAND, THE KINGDOM OF NORWAY,

THE SWISS CONFEDERATION AND THE PRINCIPALITY OF LIECHTENSTEIN

The Parties to 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 take note of the close relationship
between the European Union and Iceland, the Kingdom of Norway, the Swiss
Confederation and the Principality of Liechtenstein, particularly by virtue of the
Agreements of 18 May 1999 and 26 October 2004 concerning the association of those
countries with the implementation, application and development of the
Schengen acquis. In such circumstances it is desirable that the authorities of Iceland, the
Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein, on
the one hand, and the Republic of North Macedonia, on the other hand, conclude,
without delay, bilateral agreements on operational activities carried out by the European
Border and Coast Guard Agency in the Republic of North Macedonia in terms similar to
those 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.

26