The Government adopted a proposal for negotiating and concluding an agreement with Fronteks, an agency that was set up by the European Commission (EC) in 2016 due to migrant crisis, and whose agents, along with Montenegrin border guards, managed and secured the border in the event of a large inflow of migrants.
Fronteks agents would have immunity in Montenegro, as suggested by the agreement in which “Vijesti” had insight, and could not be arrested, prosecuted or charged or pay taxes and be witnesses in court. "Team members cannot be subjected to any form of arrest or detention. Team members enjoy immunity from Criminal Tribunal in Montenegro under all circumstances. Privileges enjoyed by the team members and immunity from the Criminal Tribunal of Montenegro are not excluded from the criminal justice system of their home State. Their home State may, if appropriate, remove the immunity to the team members from the Criminal Tribunal of Montenegro. Such abolition must always be explicit," stated the proposal of the agreement.
Border Police, Police Officers and, as noted, other relevant staff from the participating Member States, including Border Police Officers or other relevant staff members whom the EU Member States have been referred to Fronteks for the purpose of their deployment during an action, shall be empowered to perform tasks and apply executive authorizations which are necessary for border control and return operations, while respecting the laws of Montenegro. "Team members may perform tasks and apply authorizations in the territory of Montenegro only on the basis of instructions and, as a rule, in the presence of border police officers or other relevant Montenegrin staff. Montenegro shall issue instructions to the team, as appropriate, in accordance with the operational plan. Montenegro can authorize members of the team to act on its behalf," states the document. According to the proposal of the agreement, Fronteks can, through their coordinator, reveal to Montenegro their views on the instructions issued to the team. In that case, Montenegro takes those attitudes into account and acts accordingly as much as possible.
When performing their tasks and applying their authorizations, as stated in the proposal, the team members can carry official weapons, ammunition, and equipment. "When exercising its tasks and applying its authorizations, the team shall be empowered to apply force, including official weapons, ammunition and equipment, with the consent of the home Member State and Montenegro, in the presence of the border police officers or other relevant staff of Montenegro and in accordance with the national legislation of Montenegro. Montenegro can authorize to the team members to apply force in the absence of the border police officers or other relevant Montenegrin staff," the document states. As one of the reasons for the signage of the agreement, it is stated that it represents an adequate framework for cooperation between EU and the signatory states, within which Montenegro will be assisted in the field of border management and possible crisis situations related to increased inflow of migrants from the Middle East and conflict areas, which is unpredictable and requires timely and professional response.
There is no search for personal luggage either
According to the proposed agreement, the personal luggage belonging to the Fronteks agents will not even be checked when they arrive in Montenegro. "The personal belongings of the team members are exempt from review until there are serious reasons for assuming that they contain items that are not intended for personal use by the team members or objects whose import or export is prohibited by law or subject to quarantine regulations in Montenegro. An overview of such a personal luggage is carried out solely in the presence of the team members concerned or the authorized representative of the Agency," said the document.
They provided the borders between Greece and Macedonia and Croatia and Serbia
Fronteks agents have so far protected, during the peak of the migration crisis in 2015, the Macedonian-Greek border, and the border between Croatia and Serbia. Serbia, according to the press, has refused to grant immunity to Fronteks agents and has not yet signed an agreement with this European Agency. The main job of this agency is to help border guards from various EU countries work together on guarding the EU's external borders from illegal migrants, as well as smuggling people. At the same time, their field of activity also includes the monitoring of terrorist groups, so that the people they are likely to be perceived as a threat can be forwarded to Europol.
Text by Darvin Muric, on June 23rd, 2018, read more at Vijesti
