On the draft Council decision on the conclusion 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

PR_NLE-AP_Agreement

Symbols for procedures

* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council decision on the conclusion 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

(16666/2024 – C100117/2025 – 2024/0305(NLE))

(Consent)

– having regard to the draft Council decision (16666/2024),

– having regard to the draft 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 (16665/2024),

– 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 (C100117/2025),

– having regard to Rule 107(1) and (4), and Rule 117(7) of its Rules of Procedure,

– having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2025),

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 Bosnia and Herzegovina.

EXPLANATORY STATEMENT

a. Background

The proposed Council Decision aims to approve the Status 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 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 Bosnia and Herzegovina is based on the model that the Commission has drawn up.

The Commission has briefed the rapporteurs on 14 October 2025 on the progress made in the status agreement negotiations between the European Union and Bosnia and Herzegovina. Authorities of Bosnia and Herzegovina were also present in the meeting. A meeting with the Fundamental Rights Officer of Frontex (the ‘FRO’) and the European Data Protection Supervisor (the ‘EDPS’) has also been scheduled for 6 November 2025. Agreement was signed on 11 June 2025 in Sarajevo, Bosnia and Herzegovina.

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. The migratory pressure on the Western Balkans routes was significant in the coming years, creating pressure at the EU’s external borders. Thus, further efforts have been needed to control the migration flow in a legal manner, in accordance with international and European legislation.

The Rapporteur considers that the conclusion of formal, legally binding agreements in the framework of cooperation with third countries is of crucial importance to ensure transparency, public scrutiny and democratic oversight of such cooperation.

Structured and sustained cooperation with third countries, especially Western Balkans, is an integral part of Europe´s stability and security space. Therefore, strengthening migration and border management cooperation with Bosnia and Herzegovina is strategically important to ease the pressure on Croatian borders neighbouring Bosnia and Herzegovina and thus prevent irregular crossings at the EU external borders as well as tackle cross-border crime. Close cooperation with Western Balkan partners is therefore vital not only for managing the migratory flows to the EU, reducing the number of irregular arrivals and improving the efficiency of return operations, but also for combatting migrant smuggling and mitigating risks related to organised crime.

Both the European Border and Coast Guard Agency and the Federal Ministry of Internal Affairs of Bosnia and Herzegovina are required to adhere to the provisions of the Regulation (EU) 2019/1896 and ensure its full compliance, including on fundamental rights. During the consent procedure in the European Parliament, the explanations provided by the Commission, relevant authorities of Bosnia and Herzegovina, the FRO and the EDPS on the importance of this status agreement proved satisfactory. The status agreement and the presence of European Border and Coast Guard Agency officers on the Bosnian and Herzegovinian territory will contribute to tackling irregular migration to the EU and improving the overall security situation while fully safeguarding fundamental rights in border control processes. Considering the significant number of people transiting through Bosnia and Herzegovina to reach the EU, this agreement will strengthen our support to Western Balkan partners in managing migratory flows more effectively and in full compliance with our European standards.

As a conclusion, the 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 the implementation phase, the European 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.

Status agreements on operational activities carried out by the European Border and Coast Guard Agency that were already concluded with Moldova, North Macedonia, Montenegro, Albania and Serbia proved that close cooperation with the Western Balkans brings positive results.

In light of the above, the Rapporteur recommends that Parliament endorses the draft Council Decision text.