Considerations on COM(2019)110 - Conclusion of the Agreement with Bosnia and Herzegovina on actions carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina

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(1) Article 54(4) of Regulation (EU) 2016/1624 of the European Parliament and of the Council 6 provides that, in cases where it is envisaged that European Border and Coast Guard teams are deployed to a third country to carry out actions for which the team members have executive powers, or where it is required by other actions in third countries, a status agreement is to be concluded by the Union with the third country concerned. That agreement should cover all aspects that are necessary for carrying out the actions.

(2) In accordance with Council Decision 2019/XXX of […], an Agreement between the European Union and Bosnia and Herzegovina on actions carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina (the ‘Agreement’), was signed by […] on […..], subject to its conclusion.

(3) Pursuant to the Agreement, the European Border and Coast Guard teams, in accordance with the Operational Plan, could swiftly deployed on the territory of Bosnia and Herzegovina, respond to the current shift in migratory flows towards the coastal route and assist in external border management and combating human trafficking of irregular migrants.

(4) This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC 7 ; the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(5) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC 8 ; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(6) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(7) The agreement should therefore be approved on behalf of the European Union.