Considerations on COM(2023)56 - EU position vis-a-vis the United Kingdom regarding the establishment of a standard form for requests for mutual assistance on law enforcement and legal cooperation - Main contents
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dossier | COM(2023)56 - EU position vis-a-vis the United Kingdom regarding the establishment of a standard form for requests for mutual assistance on ... |
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document | COM(2023)56 ![]() |
date | May 4, 2023 |
(2) | Title VIII of Part Three of the Trade and Cooperation Agreement supplements the provisions, and facilitates the application between Member States, on the one side, and the United Kingdom, on the other side, of the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 20 April 1959, the Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 17 March 1978, and the Second Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 8 November 2001. |
(3) | Directive 2014/41/EU of the European Parliament and of the Council (3) regarding the European Investigation Order in criminal matters and the Council Act of 29 May 2000 establishing the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (4) apply in accordance with the Treaties. |
(4) | Pursuant to Article 635(1) of the Trade and Cooperation Agreement, the Specialised Committee on Law Enforcement and Judicial Cooperation is to undertake to establish a standard form for requests for mutual assistance by adopting an annex to that Agreement. In accordance with Article 635(2) of the Trade and Cooperation Agreement, if the Specialised Committee on Law Enforcement and Judicial Cooperation adopts a decision establishing such a standard form, requests for mutual assistance are to be made using that standard form. |
(5) | The standard form for requests for mutual assistance will facilitate mutual assistance between competent authorities in the Member States, on the one side, and the United Kingdom, on the other side, by indicating all the necessary information a request for mutual assistance should contain. |
(6) | It is appropriate to establish the position to be taken on the Union’s behalf in the Specialised Committee on Law Enforcement and Judicial Cooperation. |
(7) | The Trade and Cooperation Agreement is binding on all the Member States by virtue of Decision (EU) 2021/689, which is based on Article 217 of the Treaty on the Functioning of the European Union as its substantive legal basis. |
(8) | Denmark and Ireland are bound by Part Three of the Trade and Cooperation Agreement by virtue of Decision (EU) 2021/689 and are therefore taking part in the adoption and application of this Decision which implements the Trade and Cooperation Agreement, |