EU/Bosnia and Herzegovina Agreement: operational activities carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina

PURPOSE: to conclude the Agreement between the European Union and Bosnia and Herzegovina on operational activities carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina.

PROPOSED ACT: Decision of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: Pursuant to Article 73(3) of Regulation (EU) 2019/1896 of the European Parliament and of the Council, in circumstances requiring the deployment of border management teams from the standing corps of the European Border and Coast Guard to a third country where the members of the teams will exercise executive powers, a status agreement is to be concluded by the Union with the third country concerned.

The Agreement between the European Union and Bosnia and Herzegovina on operational activities of the European Border and Coast Guard Agency in Bosnia and Herzegovina was signed subject to its conclusion at a later date. It is now appropriate to approve the Agreement on behalf of the European Union.

CONTENT: the draft Council decision concerns the approval, on behalf of the Union, of the Agreement between the European Union and Bosnia and Herzegovina on operational activities carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina.

The Agreement governs all aspects necessary for the deployment of border management teams from the standing corps of the European Border and Coast Guard in Bosnia and Herzegovina, where team members may exercise executive powers. The deployment may take place on the territory of Bosnia and Herzegovina.

The Agreement with Bosnia and Herzegovina delimits the area where team members may perform their tasks to correspond with that where the Border Police of Bosnia and Herzegovina may operate, namely the zone extending 10km inland from the border and at border crossing points.

The conclusion of a status agreement could support the wider efforts and commitments of the European Union to further develop capabilities contributing to crisis response management and promoting convergence on foreign and security matters between the Union and Bosnia and Herzegovina.

Operational activities implemented under the Agreement shall not affect search and rescue obligations under the law of the sea, in particular the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue.

The Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part. Ireland is therefore not taking part in the adoption of this Decision and is not bound by it. Denmark is not taking part in the adoption of the Decision and will decide, within six months after the Council has taken a decision on this Decision, whether to implement it into its national law.