RECOMMENDATION on the draft Council decision on the conclusion of the Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro
21.11.2023 - (08353/2023 – C9‑0177/2023 – 2023/0102(NLE)) - ***
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Lena Düpont
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the draft Council decision on the conclusion of the Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro
(08353/2023 – C9‑0177/2023 – 2023/0102(NLE))
(Consent)
The European Parliament,
– having regard to the draft Council decision (08353/2023),
– having regard to the Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro (08354/2023),
– having regard to the request for consent submitted by the Council in accordance with Article 77(2), points (b) and (d), Article 79(2), point (c), and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C9‑0177/2023),
– having regard to Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,
– having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A9-0369/2023),
1. Gives its consent to the conclusion of the agreement;
2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Montenegro.
EXPLANATORY STATEMENT
a. Background
The proposed Council Decision aims to approve the Status Agreement between the European Union and Montenegro on actions carried out by the European Border and Coast Guard Agency in Montenegro as foreseen in the Regulation (EU) 2019/1896 on the European Border and Coast Guard.
One of the tasks of the European Border and Coast Guard Agency (the ‘Agency’) is to cooperate with third countries in relation to the areas covered by the European Border and Coast Guard Regulation ‘including through the possible operational deployment of border management teams in third countries’. The Agency may cooperate with the authorities of third countries competent in matters covered by the Regulation to the extent required for the fulfilment of its tasks and may carry out actions related to European integrated border management on the territory of a third country subject to the agreement of that third country.
The purpose of the status agreement is to cover all aspects that are necessary for carrying out the actions of the Agency in third countries. Pursuant to Article 73(3) of Regulation (EU) 2019/1896, in circumstances requiring the deployment of border management teams from the European Border and Coast Guard standing corps to a third country where the members of the teams will exercise executive powers, a status agreement shall be concluded by the Union with the third country concerned.
In accordance with the European Border and Coast Guard Regulation and as referred to in Article 76(1)) of the Regulation the Commission presented in its communication COM(2021) 829 a model status agreement as referred to in Regulation (EU) 2019/1896 containing specific provisions for conducting actions on the territory of third countries. The status agreement with Montenegro is based on the model that the Commission has drawn up.
The Commission has briefed the rapporteurs on 10 May 2023 on the progress made in the status agreement negotiations between the European Union and the Republic of Montenegro. The Agreement was signed on 16 May 2023 in Podgorica.
b. Position of the Rapporteur
During the peak of the migration and refugee crisis in 2015, hundreds of thousands of asylum seekers and migrants arrived in the European Union via the Western Balkans with Montenegro lying on one of the primary routes for irregular mixed movement.
The Rapporteur considers that the conclusion of formal, legally binding agreements in the framework of cooperation with third countries, as opposed to bilateral arrangement, is of crucial importance in order to ensure transparency, public scrutiny and democratic oversight on such cooperation. However, any agreements concluded between the European Union and third countries on actions carried out by the European Border and Coast Guard Agency should be carefully considered, have an added value and be strictly necessary and proportionate in terms of purpose and content.
The European Border and Coast Guard Agency and the Ministry of Interior of Montenegro are required to adhere to the provisions of the EBCG Regulation and ensure the fundamental rights compliance.
As a conclusion, your Rapporteur finds that the proposed status agreement is consistent with the model status agreement as provided for in the Commission’s communication on the content and provisions that should be included in the final agreement.
As this agreement enters into implementation phase, the Parliament requests that the European Border and Coast Guard Agency promptly informs the European Parliament of the activities conducted as part of the implementation of the Status Agreement and reminds the Agency of its obligation to include an assessment of the cooperation with third countries in its annual reports in accordance with article 73(8) of Regulation (EU) 2019/1896.
In light of the above, the rapporteur recommends that Parliament endorse the draft Council Decision text.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
Entity and/or person |
European Commission |
Frontex |
Mission of Montenegro to the European Union |
PROCEDURE – COMMITTEE RESPONSIBLE
Title |
Conclusion of an Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro |
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References |
08353/2023 – C9-0177/2023 – 2023/0102(NLE) |
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Date of consultation or request for consent |
22.5.2023 |
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Committee responsible Date announced in plenary |
LIBE 1.6.2023 |
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Committees asked for opinions Date announced in plenary |
AFET 1.6.2023 |
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Not delivering opinions Date of decision |
AFET 26.4.2023 |
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Rapporteurs Date appointed |
Lena Düpont 5.6.2023 |
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Discussed in committee |
26.10.2023 |
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Date adopted |
13.11.2023 |
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Result of final vote |
+: –: 0: |
32 9 0 |
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Members present for the final vote |
Abir Al-Sahlani, Malik Azmani, Pietro Bartolo, Vasile Blaga, Karolin Braunsberger-Reinhold, Patrick Breyer, Saskia Bricmont, Damien Carême, Lucia Ďuriš Nicholsonová, Cornelia Ernst, Maria Grapini, Sylvie Guillaume, Evin Incir, Sophia in ‘t Veld, Jeroen Lenaers, Juan Fernando López Aguilar, Erik Marquardt, Birgit Sippel, Sara Skyttedal, Annalisa Tardino, Milan Uhrík, Tom Vandendriessche |
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Substitutes present for the final vote |
Cyrus Engerer, Nathalie Loiseau, Jan-Christoph Oetjen, Anne-Sophie Pelletier, Dragoş Tudorache, Maria Walsh |
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Substitutes under Rule 209(7) present for the final vote |
Petras Auštrevičius, Katalin Cseh, Ciarán Cuffe, Marie Dauchy, Estrella Durá Ferrandis, Malte Gallée, Niclas Herbst, Martin Hojsík, France Jamet, Bernd Lange, Jutta Paulus, Laurence Sailliet, Ivan Štefanec |
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
32 |
+ |
PPE |
Vasile Blaga, Karolin Braunsberger-Reinhold, Niclas Herbst, Jeroen Lenaers, Laurence Sailliet, Sara Skyttedal, Ivan Štefanec, Maria Walsh |
S&D |
Pietro Bartolo, Estrella Durá Ferrandis, Cyrus Engerer, Maria Grapini, Sylvie Guillaume, Evin Incir, Bernd Lange, Juan Fernando López Aguilar, Birgit Sippel |
Renew |
Abir Al-Sahlani, Petras Auštrevičius, Malik Azmani, Katalin Cseh, Lucia Ďuriš Nicholsonová, Martin Hojsík, Sophia in 't Veld, Nathalie Loiseau, Jan-Christoph Oetjen, Dragoş Tudorache |
ID |
Marie Dauchy, France Jamet, Annalisa Tardino, Tom Vandendriessche |
NI |
Milan Uhrík |
9 |
- |
Verts/ALE |
Patrick Breyer, Saskia Bricmont, Damien Carême, Ciarán Cuffe, Malte Gallée, Erik Marquardt, Jutta Paulus |
The Left |
Cornelia Ernst, Anne-Sophie Pelletier |
0 |
0 |
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Key to symbols:
+ : in favour
- : against
0 : abstention
PROCEDURE – COMMITTEE RESPONSIBLE
Title |
Conclusion of an Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro |
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References |
08353/2023 – C9-0177/2023 – 2023/0102(NLE) |
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Date of consultation or request for consent |
22.5.2023 |
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|
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Committee responsible Date announced in plenary |
LIBE 1.6.2023 |
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Committees asked for opinions Date announced in plenary |
AFET 1.6.2023 |
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|
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Not delivering opinions Date of decision |
AFET 26.4.2023 |
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Rapporteurs Date appointed |
Lena Düpont 5.6.2023 |
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Discussed in committee |
26.10.2023 |
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|
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Date adopted |
13.11.2023 |
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|
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Result of final vote |
+: –: 0: |
32 9 0 |
||
Members present for the final vote |
Abir Al-Sahlani, Malik Azmani, Pietro Bartolo, Vasile Blaga, Karolin Braunsberger-Reinhold, Patrick Breyer, Saskia Bricmont, Damien Carême, Lucia Ďuriš Nicholsonová, Cornelia Ernst, Maria Grapini, Sylvie Guillaume, Evin Incir, Sophia in ‘t Veld, Jeroen Lenaers, Juan Fernando López Aguilar, Erik Marquardt, Birgit Sippel, Sara Skyttedal, Annalisa Tardino, Milan Uhrík, Tom Vandendriessche |
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Substitutes present for the final vote |
Cyrus Engerer, Nathalie Loiseau, Jan-Christoph Oetjen, Anne-Sophie Pelletier, Dragoş Tudorache, Maria Walsh |
|||
Substitutes under Rule 209(7) present for the final vote |
Petras Auštrevičius, Katalin Cseh, Ciarán Cuffe, Marie Dauchy, Estrella Durá Ferrandis, Malte Gallée, Niclas Herbst, Martin Hojsík, France Jamet, Bernd Lange, Jutta Paulus, Laurence Sailliet, Ivan Štefanec |
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Date tabled |
21.11.2023 |