Considerations on COM(2020)743 - Negotiations for Agreements with various third States on cooperation between Eurojust & the competent authorities for judicial cooperation in criminal matters of those States

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(1) Regulation (EU) 2018/1727 of the European Parliament and of the Council 28 was adopted on 14 November 2019 and is applicable as of 12 December 2019.

(2) This Regulation, in particular its Article 56, sets out the general principles for the transfer of personal data from the European Union Agency for Criminal Justice Cooperation (Eurojust) to third countries and international organisations. Eurojust may transfer personal data to a third country on the basis of an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU that provides for adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

(3) Negotiations should be opened with a view to concluding such Agreements between the European Union and Algeria, Armenia, Bosnia and Herzegovina, Egypt, Israel, Jordan, Lebanon, Morocco, Tunisia and Turkey.

(4) Where necessary, the Commission should be able to consult the European Data Protection Supervisor (EDPS) also during the negotiation of the Agreements and in any event, before the Agreements are concluded.

(5) The Agreements should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to an effective remedy and fair trial recognised in Article 47 of the Charter. The Agreements should be applied in accordance with those rights and principles.

(6) The Agreements should not affect, and should be without prejudice to the transfer of personal data or other forms of cooperation between the authorities responsible for safeguarding national security.

(7) Ireland is bound by Regulation (EU) 2018/1727 and therefore takes part in the adoption of this Decision.

(8) 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 of the adoption this Decision and is not bound by it or subject to its application.

(9) The EDPS and European Data Protection Board have been consulted on this Decision and the Annex thereto and issued an opinion on (date).