Article 11 describes the procedure for the entry into force, duration and termination of the agreement. * This designation does not affect positions on status and is in line with UN Security Council 1244 and the ICJ Opinion on Kosovo`s Declaration of Independence. Frontex staff may only act in cooperation with and in the presence of Montenegrin officials. In accordance with Articles 5 and 7 of the Agreement on The Status of The European Union and Montenegro on the conduct of operations by Frontex, members of the team may carry arms, ammunition and equipment in accordance with the legislation of their Home Member State. The use of firearms is not regulated by the Status Agreement and is therefore limited to self-defence. While, when negotiating a stature agreement with a neighbouring third country, the Commission will use, on behalf of the European Union, the attached model status agreement, it should be noted that the final texts of such agreements will vary depending on the outcome of the negotiations with the third country. However, the Commission will endeavour to preserve the substance of the model status agreement in such negotiations. In accordance with the fundamental rights provisions of the status agreements themselves, the Executive Director of the Agency may suspend or terminate measures in the State (Article 6 of any status agreement). They shall also describe the criminal and civil liability of the Agency and its staff for measures taken in those countries. But back to 2016. Article 54(4) provided that status agreements « all aspects necessary for the implementation of the measures … » , in particular the scale of operations, the tasks and powers of the members of the team, matters of civil and criminal liability and guarantees of fundamental rights. The Commission`s model status agreement was more detailed, as it included the types of operations to be carried out in third countries, the operational plan, the conditions for the exercise of executive powers, including the use of force, the privileges and immunities of team members, the suspension/cessation of operations and the settlement of disputes. Therefore, Frontex`s status agreements are very similar to the status-of-forces agreements (SAAs) and status-of-missions (SOMA) that the EU concludes in the context of its military operations and civilian missions in third countries.
It is interesting to note that the Commission has extended the scope of the status agreements to return operations from Member States to the third country concerned. Such operations were likely to go beyond the scope of Article 54(3), as they do not in themselves take place at the border between a Member State and a neighbouring third country and do not require a contingency plan either. .