Frontex status agreements with non-EU countries

SUMMARY OF:

Status agreement between the EU and Serbia on actions carried out by the European Border and Coast Guard Agency in Serbia

Decision (EU) 2020/865 on the conclusion of the status agreement between the EU and Serbia on actions carried out by the European Border and Coast Guard Agency in Serbia

Agreement between the EU and Moldova on operational activities carried out by the European Border and Coast Guard Agency in Moldova

Decision (EU) 2022/449 on the signing, on behalf of the EU, and provisional application of the agreement between the EU and Moldova on operational activities carried out by the European Border and Coast Guard Agency in Moldova

Agreement between the EU and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro

Decision (EU) 2023/1040 on the signing, on behalf of the EU, and provisional application of the agreement between the EU and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro

Decision (EU) 2023/2760 on the conclusion of the agreement between the EU and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro

Agreement between the EU and Albania on actions carried out by the European Border and Coast Guard Agency in Albania

Council Decision (EU) 2023/2105 on the signing and provisional application of the Agreement between the EU and Albania on operational activities carried out by the European Border and Coast Guard Agency in Albania

Agreement between the EU and North Macedonia on operational activities carried out by the European Border and Coast Guard Agency in North Macedonia

Decision (EU) 2023/418 on the conclusion of the agreement between the EU and North Macedonia on operational activities carried out by the European Border and Coast Guard Agency in North Macedonia

WHAT IS THE AIM OF THE AGREEMENTS AND DECISIONS?

The agreements allow for border management teams from the European Border and Coast Guard standing corps to be deployed by the European Border and Coast Guard Agency (Frontex) to Albania, Moldova, Montenegro, North Macedonia, and to Serbia's borders with the European Union (EU), where the members of the teams are able to exercise executive powers.
The decisions approve the agreements between the countries concerned and the EU.

KEY POINTS

Border management teams from the European Border and Coast Guard standing corps deployed under a status agreement remain, at all times, under the command and control of the authorities of the host country. Any deployment under a status agreement requires the consent of the host country, Frontex and, where applicable, any neighbouring EU Member States.

An operational plan, negotiated between Frontex and the relevant authority of the host country, is needed for each joint operation* or rapid border intervention* on the territory of the country concerned. It sets out in detail elements such as:

the description and assessment of the situation and operational objectives;
the geographical scope of the action and description of tasks;
the composition of teams and other relevant staff;
any technical equipment to be deployed;
cooperation with other agencies, non-EU countries and international organisations;
respect for fundamental rights, including personal data protection.

Members of a border management team:

have the authority and powers necessary for border control as set out in the operational plan;
operate under instructions from and in the presence of relevant authorities of the country concerned;
may, subject to certain conditions, carry and use weapons;
receive an accreditation document confirming their identity and right to work under the operational plan.

Suspension or termination of an operational activity under a status agreement

The agency’s executive director shall withdraw financing from, suspend or terminate an activity in cases where, among other things, an operational plan is not being properly implemented, or the executive director considers that serious violations of fundamental rights or international protection obligations related to the activity concerned exist or are likely to persist.

Termination

Either party may suspend or terminate the agreement in writing.

DATE OF ENTRY INTO FORCE

Country	Entry into force	Provisional application
Albania
Montenegro		1 July 2023
Serbia	1 May 2021
Moldova	1 November 2022	17 March 2022
North Macedonia	1 April 2023

BACKGROUND

For further information, see:

Border management: EU concludes agreements with Montenegro and Serbia on Frontex cooperation – press release (Council of the European Union)
EU Border Assistance Mission to Moldova and Ukraine (European External Action Service)
Border management: EU concludes agreement with North Macedonia on Frontex cooperation – press release (Council of the European Union).

KEY TERMS

Joint operation. An initiative to tackle illegal immigration or cross-border crime, or provide technical and operational assistance at the borders of the country concerned with a Member State.

Rapid border intervention. An initiative responding quickly to specific and disproportionate challenges on the borders of the country concerned with a Member State.

MAIN DOCUMENTS

Status Agreement between the European Union and the Republic of Serbia on actions carried out by the European Border and Coast Guard Agency in the Republic of Serbia (OJ L 202, 25.6.2020, pp. 3–15).

Council Decision (EU) 2020/865 of 26 May 2020 on the conclusion of the Status Agreement between the European Union and the Republic of Serbia on actions carried out by the European Border and Coast Guard Agency in the Republic of Serbia (OJ L 202, 25.6.2020, pp. 1–2).

Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova (OJ L 91, 18.3.2022, pp. 4–21).

Council Decision (EU) 2022/449 of 17 March 2022 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova (OJ L 91, 18.3.2022, pp. 1–3).

Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro (OJ L 140, 30.5.2023, pp. 4–21).

Council Decision (EU) 2023/1040 of 15 May 2023 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro (OJ L 140, 30.5.2023, pp. 1–3).

Council Decision (EU) 2023/2760 of 4 December 2023 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 (OJ L, 2023/2760, 08.12.2023).

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 (OJ L, 2023/2107, 5.10.2023).

Council Decision (EU) 2023/2105 of 7 September 2023 on the signing, on behalf of the Union, and provisional application of the 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 (OJ L, 2023/2105, 5.10.2023).

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 (OJ L 61, 27.2.2023, pp. 3–19).

Council Decision (EU) 2023/418 of 24 February 2023 on the conclusion 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 (OJ L 61, 27.2.2023, pp. 1–2).