Source: EURLEX
Language: en
Format: md

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

**Interinstitutional File**

**2023/0236 (NLE)**

**Brussels, 21 August 2023**
**(OR. en)**

**11944/23**

**FRONT 240**

**COWEB 106**

**MIGR 252**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

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

11944/23 HOU/MCF/di
# JAI.1  EN

AGREEMENT

BETWEEN THE EUROPEAN UNION

AND THE REPUBLIC OF ALBANIA

ON OPERATIONAL ACTIVITIES CARRIED OUT

BY THE EUROPEAN BORDER AND COAST GUARD AGENCY

IN THE REPUBLIC OF ALBANIA

EU/AL/en 1

EU/AL/en 2

THE EUROPEAN UNION,

and

THE REPUBLIC OF ALBANIA,

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 Albania, including on the territory of the Republic of Albania,

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 Albania,

WHEREAS the status agreement may provide for the establishment by the Agency of antenna

offices on the territory of the Republic of Albania 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 Albania and

the European Union,

EU/AL/en 3

CONSIDERING that the Republic of Albania 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 Albania has ratified the Council of Europe 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

Albania should fully respect fundamental rights and the international agreements to which the

European Union, its Member States and/or the Republic of Albania 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 codes of conduct,

HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

EU/AL/en 4

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 Albania 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

Albania, including at its land, sea and air borders with other countries. Subject to the obligations of

the Parties under the law of the sea, in particular the 1982 United Nations Convention on the Law of

the Sea, operational activities may also take place in the contiguous zone of the Republic of

Albania. Operational activities implemented under this Agreement shall not affect search and rescue

obligations deriving from the law of the sea, in particular the 1982 United Nations Convention on

the Law of the Sea, the 1974 International Convention for the Safety of Life at Sea and the 1979

International Convention on Maritime Search and Rescue.

EU/AL/en 5

ARTICLE 2

Definitions

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

(1) "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;

(2) "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;

(3) "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;

(4) "consultative forum" means the advisory body established by the Agency pursuant to

Article 108 of Regulation (EU) 2019/1896;

(5) "European Border and Coast Guard standing corps" means the European Border and Coast

Guard standing corps provided for in Article 54 of Regulation (EU) 2019/1896;

**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).

EU/AL/en 6

(6) "EUROSUR" means the framework for information exchange and cooperation between the

Member States and the Agency;

(7) "fundamental rights monitor" means the fundamental rights monitor as provided for in

Article 110 of Regulation (EU) 2019/1896;

(8) "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;

(9) "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 Albania;

(10) "joint operation" means an action coordinated or organised by the Agency to support the

national authorities of the Republic of Albania responsible for border control aimed at

addressing challenges such as illegal immigration, present or future threats at the borders of

the Republic of Albania or cross-border crime or aimed at providing increased, technical and

operational assistance for the control of those borders;

(11) "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;

(12) "Member State" means a Member State of the European Union;

EU/AL/en 7

(13) "operational activity" means a joint operation or a rapid border intervention;

(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 or an online identifier, or by reference 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 Albania by deploying border

management teams in the territory of the Republic of Albania for a limited period of time to

conduct border control together with the national authorities of the Republic of Albania

responsible for border control;

(18) "statutory staff" means staff employed by the 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 **[1]** .

**1** OJ EC L 56, 4.3.1968, p. 1.

EU/AL/en 8

ARTICLE 3

Launching operational activities

1. An operational activity under this Agreement shall be launched by means of 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 Albania. Such a request shall include a description of

the situation, estimated period of implementation, 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 violations of fundamental rights or international protection obligations that are serious or

persistent, then the executive director shall not launch the operational activity.

3. If, following the receipt of a request under paragraph 1, the 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

Albania in order to assess the situation there. The Republic of Albania 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.

EU/AL/en 9

ARTICLE 4

Operational plan

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

and the Republic of Albania in accordance with Articles 38 and 74 of Regulation (EU) 2019/1896.

The operational plan shall be binding on the Agency, the Republic of Albania and the participating

Member States.

2. The operational plan shall be approved by the executive director and the representative of the

competent authority of the Republic of Albania in writing.

3. 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;

EU/AL/en 10

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

including with regard to respect for fundamental rights and data protection requirements, and

special instructions for the border management teams, including on permissible consultation

of databases and permissible service weapons, ammunition and equipment in the Republic

of Albania;

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

staff and the presence of other members of the 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 Albania 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 Albania

of any incident encountered in the course of an operational activity performed under

this Agreement;

EU/AL/en 11

(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) with regard to sea operations, specific information on the application of the relevant

jurisdiction and applicable law in the operational area, including references to international,

European Union and national law regarding interception, rescue at sea and disembarkation;

(k) the terms of cooperation with the bodies, offices and agencies of the European Union 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 to the Republic

of Albania complaints (including those lodged under Article 8(5)) against any person

participating in an operational activity, including border guards or other relevant staff of the

Republic of Albania and team members, alleging breaches of fundamental rights in the

context of their participation in an operational activity of the Agency;

EU/AL/en 12

(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.

4. The operational plan and any amendments thereto or adaptations thereof shall be subject to

the agreement of the Agency, the Republic of Albania and any Member States neighbouring the

Republic of Albania or bordering the operational area, after consultation of the participating

Member States. The Agency shall coordinate with the relevant Member States in order to confirm

their agreement.

5. 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.

6. The evaluation of the operational activity in accordance with paragraph (3), point (i), shall be

conducted jointly by the Republic of Albania and the Agency.

7. The terms of cooperation with the bodies, offices and agencies of the European Union in

accordance with paragraph (3), point (k), shall be conducted in line with their respective mandates

and within available resources.

EU/AL/en 13

ARTICLE 5

Incident reporting

1. The Agency and the Albanian State Police 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.

2. The Agency and the Republic of Albania shall assist each other in carrying out all necessary

inquiries and investigations into any incident reported via the mechanism referred to in paragraph 1,

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.

EU/AL/en 14

ARTICLE 6

Antenna offices

1. The Agency, in consultation with the relevant authorities of the Republic of Albania, may

establish antenna offices on the territory of the Republic of Albania 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, taking into account the agreement of the Republic of Albania.

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 Albania and the neighbouring region. Subject to the agreement of the Republic of

Albania, 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 the Agency's

activities in the operational areas concerned;

EU/AL/en 15

(b) provide operational support to the Republic of Albania in the operational areas concerned;

(c) monitor the activities of the border management teams and regularly report to the

Agency's headquarters;

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

the operational activities organised by the Agency in the Republic of Albania, 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 Albania 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 border management teams and the relevant authorities of the Republic of Albania

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;

EU/AL/en 16

(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 Albania as agreed

between the Agency and the Republic of Albania.

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

fulfilment of the tasks assigned to the antenna offices.

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

operational capacity of the antenna offices.

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 Albania

of such appointment.

EU/AL/en 17

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

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

providing assistance, on behalf of the Agency, on all issues relating to the conditions of the

deployment of the border management 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 border management teams

and report to the Agency on all those aspects; and

(d) foster cooperation and coordination among the Republic of Albania 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 border management teams.

EU/AL/en 18

4. The Republic of Albania 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 officers of the Republic of Albania

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 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 and the Charter of Fundamental

Rights of the European Union.

EU/AL/en 19

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

Albania 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 Republic of Albania; 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 Albania shall support the fundamental

rights officer's monitoring efforts, as requested.

EU/AL/en 20

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

and effective access to all information concerning 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 Albania 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.

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

under this Agreement, report without undue delay to the Agency any violations of the Agency's

codes of conduct. The Agency shall inform the relevant Albanian authorities of such reports without

undue delay via a mechanism to be defined in the operational plan.

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.

EU/AL/en 21

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),

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.

EU/AL/en 22

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 Albania as well as applicable international and

European Union law.

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

Albania only under instructions from, and in the presence of, border management authorities of the

Republic of Albania. The Republic of Albania 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.

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.

EU/AL/en 23

5. The Republic of Albania 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 coercive means, in accordance with the relevant provisions of the operational

plan, taking into account that:

(a) team members who are statutory staff may carry and use service weapons, ammunition and

other coercive means subject to the consent of the Agency;

(b) 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

coercive means, shall be exercised in accordance with the national law of the Republic of Albania

and in the presence of border management authorities of the Republic of Albania. The Republic of

Albania may authorise team members to use force in the absence of relevant border management

authorities of the Republic of Albania, taking into account that:

(a) for team members who are statutory staff, such authorisation to use force in the absence of

border management authorities of the Republic of Albania shall be subject to the consent of

the Agency;

(b) for team members who are not statutory staff, such authorisation to use force in the absence of

border management authorities of the Republic of Albania shall be subject to the consent of

the relevant home Member State.

EU/AL/en 24

Any use of force by team members must be necessary and proportionate and comply fully with

applicable international, European Union 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

Albania of the service weapons, ammunition and other equipment team members may carry under

paragraph 5. The Republic of Albania may prohibit the carrying of certain service weapons,

ammunition and other equipment, provided that its own law applies the same prohibition to its own

border management authorities. The Republic of Albania 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 Albania 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. The procedure to

issue the weapon permits shall be set out in the operational plan.

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 Albania in line with relevant principles of international and European Union law.

EU/AL/en 25

9. The Republic of Albania may authorise team members to consult its national databases if

necessary for achieving operational aims specified in the operational plan. The Republic of Albania

shall ensure that it provides access to such databases in an efficient and effective manner.

The Republic of Albania shall, in advance of the deployment of the team members, inform the

Agency of the national databases which may be consulted.

Team members shall only consult data which are necessary for performing their tasks and

exercising their powers. That consultation shall be carried out in accordance with the national data

protection law of the Republic of Albania and this Agreement.

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

of the Border and Migration Police Department who are able and willing to communicate in English

to carry out a coordinating role on behalf of the Republic of Albania.

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 Albania shall be inviolable.

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

EU/AL/en 26

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.

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 Albania shall permit the entry and removal of articles and equipment

deployed by the Agency to the Republic of Albania 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 and equipment

intended for its official use, including articles and equipment imported or exported by a third party

on behalf of the Agency.

EU/AL/en 27

ARTICLE 12

Privileges and immunities of team members

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

Republic of Albania or by authorities of the Republic of Albania, except under the circumstances as

referred to in paragraph 2.

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

of the Republic of Albania in respect of all acts performed by them in the exercise of their official

functions, in the course of the actions carried out in accordance with the operational plan.

Where the authorities of the Republic of Albania intend to institute criminal, civil or administrative

proceedings against a team member before any court of the Republic of Albania, the competent

authorities of the Republic of Albania shall immediately notify the executive director thereof.

Following receipt of such notification, the executive director shall, without undue delay, inform the

relevant authorities of the Republic of Albania 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 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 Albania,

which shall not contest it.

EU/AL/en 28

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 Albania, including facilitating the return of the concerned team member from the

Republic of Albania to their home Member State.

Privileges granted to team members and immunity from the criminal jurisdiction of the Republic of

Albania do not exempt them from the jurisdiction of the home Member State.

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

jurisdiction in respect of any counterclaim directly connected with the principal claim.

3. Acts of team members that are considered to be of disciplinary relevance may be referred, by

the authorities of the Republic of Albania, to the Agency.

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 the case of measures of execution as permitted pursuant to paragraph 8.

5. The Republic of Albania shall be liable for any damage caused by team members to third

parties in the exercise of their official functions.

6. 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

Albania may request, via the executive director, that compensation be paid by the Agency.

EU/AL/en 29

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, the Republic of

Albania may request, via the 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 Albania.

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 which is certified by the 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 proceedings, team members shall not be subject to any restrictions on their personal

liberty or to any other measures of constraint, pending the qualification by the executive director

whether the act in question was performed by the team member in the exercise of his or her

official function.

In civil proceedings, team members shall not be subject to any restrictions on their personal liberty

or to any other measures of constraint.

In administrative proceedings, the executive director shall be immediately informed by the Republic

of Albania of any restrictions on the personal liberty, or any other measures of constraint taken

against team members.

EU/AL/en 30

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

security provisions which may be in force in the Republic of Albania.

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 Albania,

shall not be taxed in any form in the Republic of Albania.

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

members and shall grant exemption from all customs duties, taxes, and related charges other than

charges for storage, transport and similar services, in respect of such articles. The Republic of

Albania shall also allow the export of such articles.

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

grounds for suspecting 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 Albania. 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 Albania shall appoint contact points that shall be available at

all times and shall be responsible for the exchange of information and immediate actions to be taken

where 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 or administrative

proceedings against a team member.

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Until action is taken by the competent authorities of the home Member State, the Agency and the

Republic of Albania shall assist each other in carrying out all necessary inquiries and investigations

into any alleged criminal offence in respect of which either the Agency or the Republic of Albania,

or both, 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.

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 Albania and the Agency shall cooperate to the fullest extent possible to

enable the prompt repatriation of injured or deceased team members.

EU/AL/en 32

ARTICLE 14

Accreditation document

1. The Agency shall issue a document in Albanian and in English to each team member for the

purposes of identification vis-à-vis the national authorities of the Republic of Albania 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 Albania,

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

4. The Republic of Albania shall recognise the accreditation document, in combination with a

valid travel document, as granting the relevant team member, staff deployed to the Republic of

Albania under this Agreement or an operational plan thereunder, entry and stay in the Republic of

Albania 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 Albania shall be informed thereof.

EU/AL/en 33

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

Albania under this Agreement or an operational plan thereunder 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 Albania

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;

EU/AL/en 34

(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,

EU/AL/en 35

–
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,

EU/AL/en 36

–
deploying authority,

–
tasks/operational profile,

–
means of transportation,

– 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;

EU/AL/en 37

(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 or accurate, or because 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 General Directorate of State Police/Department for Border and Migration,

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;

EU/AL/en 38

(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 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 the Right to Public Information and

Personal Data Protection of Albania.

EU/AL/en 39

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 Albania shall draw up a common report on the application of

this Article at the end of each operational activity. That report shall be sent to the Agency's

fundamental rights officer and data protection officer as well as to the Commissioner for the Right

to Public Information and Personal Data Protection of Albania and the General Directorate of the

State Police.

6. The Agency and the Republic of Albania 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 European Union law and the law of the Republic of Albania. They shall

describe, _inter alia_, the intended purpose of the communication, the controller(s) as well as 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.

EU/AL/en 40

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 Albania 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 **[1]** ;

(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.

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

EU/AL/en 41

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 Albania in writing.

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

the executive director may withdraw financing of the relevant operational activity, and/or suspend

or terminate it, after informing the Republic of Albania in writing.

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

Albania 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 Albania.

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

operational activity _**.**_ Such request shall be made in writing and shall include the reasons therefor.

EU/AL/en 42

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

the date of notification to the Republic of Albania. 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.

7. The Republic of Albania may request the termination of the deployment of any team member,

or other staff deployed to the Republic of Albania under this Agreement or an operational plan

thereunder, who does not respect this Agreement or the operational plan or who commits serious

violations of Albanian legislation. The decision to terminate the deployment shall be made by the

executive director or the respective home Member State, as appropriate, and notified to the relevant

authorities of the Republic of Albania.

ARTICLE 19

Combating fraud

1. The Republic of Albania 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.

EU/AL/en 43

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

Agreement, the Republic of Albania shall provide all necessary assistance to the European Public

Prosecutor's Office and/or the European Anti-Fraud 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 Albania) 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 Albania, this Agreement shall be implemented by the Ministry of

the Interior.

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

EU/AL/en 44

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 Albania.

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, provisional application, amendment, duration,

suspension and termination of the Agreement, and termination of predecessor 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.

EU/AL/en 45

Pending the completion of the procedures necessary for its entry into force, this Agreement may be

applied on a provisional basis as from the date of notification of the completion of internal

procedures by the Parties to this effect.

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

4. 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 the event 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.

5. The Status Agreement between the European Union and the Republic of Albania on actions

carried out by the European Border and Coast Guard Agency in the Republic of Albania, signed in

Tirana on 5 October 2018, is hereby repealed and replaced by this Agreement.

EU/AL/en 46

Any operational activity launched on the basis of the Status Agreement between the European

Union and the Republic of Albania on actions carried out by the European Border and Coast Guard

Agency in the Republic of Albania, signed in Tirana on 5 October 2018, that are ongoing at the time

of the provisional application or entry into force of this Agreement may continue, subject to the

amendment or adaptation of the respective operational plan in line with this Agreement.

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 Albania, to the Ministry for Europe and Foreign Affairs.

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 Albanian language, each of those texts being

equally authentic.

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

signed this Agreement.

Done at _…_, …

For the European Union For the Republic of Albania

EU/AL/en 47