Considerations on COM(2023)705 - Conclusion of an Agreement with Armenia on cooperation between the EU Agency for Criminal Justice Cooperation (Eurojust) and the competent authorities for judicial cooperation in criminal matters of Armenia

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dossier COM(2023)705 - Conclusion of an Agreement with Armenia on cooperation between the EU Agency for Criminal Justice Cooperation (Eurojust) and ...
document COM(2023)705 EN
date November 14, 2023
 
(1)Articles 47(1) and 52(1) of Regulation (EU) 2018/1727 of the European Parliament and of the Council 10 provide that Eurojust may establish and maintain cooperation with authorities of third countries based on a cooperation strategy.

(2)Article 56(2)(c) of Regulation (EU) 2018/1727 of the European Parliament and of the Council also provides that Eurojust may transfer personal data to an authority of a third country inter alia based on an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU setting out adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

(3)In accordance with Council Decision (EU) [XXXX] 11 , the Agreement between the European Union, of the one part, and Armenia, of the other part, on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the competent authorities for judicial cooperation in criminal matters of the Republic of Armenia (‘the Agreement’) was signed on [XX.XX.XXXX], subject to its conclusion at a later date.

(4)The Agreement enables the transfer of personal data between Eurojust and the competent authorities of Armenia, with a view to fighting serious crime and terrorism and protecting the security of the Union and its citizens.

(5)The Agreement ensures full respect of the fundamental rights of the Union, in particular the right to respect for private and family life, recognised in Article 7, the right to the protection of personal data, recognised in Article 8, and the right to an effective remedy and a fair trial, recognised by Article 47 of the Charter of Fundament Rights of the European Union 12 . In particular, the Agreement includes adequate safeguards for the protection of personal data transferred by Eurojust under the Agreement.

(6)Pursuant to Article 218(7) TFEU, it is appropriate for the Council to authorise the Commission to approve on the Union’s behalf the modifications of Annexes I, II and III, to the Agreement and to authorise the Commission to agree modalities for the continued use and storage of the information that has already been communicated between the Parties pursuant to the Agreement and to authorise the Commission to update the information about the addressee of notifications.

(7)In Commission Decision (EU) 2019/2006 13 the participation of Ireland in Regulation (EU) 2018/1727 was confirmed. Ireland is bound by Regulation (EU) 2018/1727 and is therefore taking 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 in the adoption of this Decision and is not bound by it or subject to its application.

(9)The European Data Protection Supervisor delivered its Opinion [xxx] on [xx.xx.xxxx].

(10)The Agreement should be approved on behalf of the Union.