Considerations on COM(2024)545 -

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dossier COM(2024)545 - .
document COM(2024)545
date November 28, 2024
 
(1) In accordance with Council Decision (EU) 202X/XXX1, 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’) was signed on [...], subject to its conclusion at a later date.

(2) Pursuant to Article 73(3) of Regulation (EU) 2019/1896 of the European Parliament and of the Council2, 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 on the basis of Article 218 of the Treaty on the Functioning of the European Union. 

(3) 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/EC3; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it nor subject to its application.

(4) 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. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.

(5) The Agreement should be approved on behalf of the European Union.

(6) In accordance with the Treaties, it is for the Commission to ensure that the notification to Bosnia and Herzegovina provided for in Article 22(2) of the Agreement be made on behalf of the Union, in order to express the consent of the Union to be bound by the Agreement.