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DRAFT RECOMMENDATION (11945/2023 – C90344/2023 – 2023/0235(NLE))

On the draft Council decision on the conclusion 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

LIBE-PR-758032

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Lena Düpont

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This is the rapporteur's draft report on the draft Council decision to conclude an agreement between the EU and Albania on operational activities of the European Border and Coast Guard Agency in Albania. The rapporteur recommends that Parliament give its consent to the conclusion of the agreement. The agreement updates the previous 2019 status agreement and allows the deployment of Frontex Standing Corps officers at Albania's borders with neighbouring Western Balkan partners. The rapporteur finds the agreement consistent with the Commission's model status agreement and asks the Agency to inform Parliament promptly about implementation and to include an assessment of cooperation with third countries in its annual reports.

Committee position. The rapporteur recommends that Parliament endorse the draft Council Decision and give its consent to the conclusion of the agreement. She finds the agreement consistent with the Commission's model status agreement and asks the Agency to inform Parliament promptly and report on cooperation with third countries.

Key points

  1. Parliament gives its consent to the conclusion of the agreement between the EU and Albania on operational activities of the European Border and Coast Guard Agency in Albania.
  2. The agreement is based on the model status agreement set out in Commission communication COM(2021) 829 under Regulation (EU) 2019/1896.
  3. The new agreement updates the previous status agreement from 2019 by also allowing deployment of Frontex Standing Corps officers at Albania's borders with neighbouring Western Balkan partners.
  4. The agreement was signed on 15 September 2023 in Tirana.
  5. The rapporteur considers that formal, legally binding agreements with third countries are crucial for transparency, public scrutiny and democratic oversight, and that such agreements should be carefully considered, have added value and be strictly necessary and proportionate.
  6. The European Border and Coast Guard Agency and Albania's Ministry of Interior must adhere to the EBCG Regulation and ensure fundamental rights compliance.
  7. The rapporteur finds the proposed status agreement consistent with the Commission's model status agreement.
  8. Parliament requests that the Agency promptly inform it of activities conducted under the agreement and reminds the Agency of its obligation to include an assessment of cooperation with third countries in its annual reports under Article 73(8) of Regulation (EU) 2019/1896.
  9. The rapporteur recommends that Parliament endorse the draft Council Decision.

Who is affected

  • The European Border and Coast Guard Agency, which must inform Parliament and report on cooperation with third countries.
  • Albania's Ministry of Interior, which must adhere to the EBCG Regulation and ensure fundamental rights compliance.
  • The European Parliament, which gives consent and receives information on implementation.

Figures and deadlines

  • 15 September 2023: date the agreement was signed in Tirana.
  • 10 January 2024: date the Commission briefed the rapporteurs on negotiations.
  • 2019: year of the previous status agreement that the new agreement updates.

Legal basis: 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.