Diario Oficial de la Unión Europea del 30/5/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
EN
30.5.2023
Official Journal of the European Union
L 140/1
II
Non-legislative acts
INTERNATIONAL AGREEMENTS
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 772, points b and d, and Article 792, point c, in conjunction with Article 2185 thereof, Having regard to the proposal from the European Commission, Whereas:
1
Pursuant to Article 733 of Regulation EU 2019/1896 of the European Parliament and of the Council 1, 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.
2
On 18 November 2022, the Council authorised the Commission to open negotiations with Montenegro for an agreement on operational activities carried out by the European Border and Coast Guard Agency in Montenegro.
3
The negotiations were successfully concluded with the initialling of the Agreement between the European Union and Montenegro on operational activities carried out by the European Border and Coast Guard Agency in Montenegro the Agreement.
4
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 2; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
5
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.
1 Regulation EU 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations EU No 1052/2013 and EU 2016/1624 OJ L 295, 14.11.2019, p. 1.
2 Council Decision 2002/192/EC of 28 February 2002 concerning Irelands request to take part in some of the provisions of the Schengen acquis OJ L 64, 7.3.2002, p. 20.
