Considerations on COM(2024)299 - Conclusion of an Agreement with Bosnia and Herzegovina on the cooperation between the EU Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters

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dossier COM(2024)299 - Conclusion of an Agreement with Bosnia and Herzegovina on the cooperation between the EU Agency for Criminal Justice ...
document COM(2024)299 EN
date April 14, 2025
 
table>(1)Article 47(1) and Article 52(1) of Regulation (EU) 2018/1727 of the European Parliament and of the Council (2) provide that Eurojust may establish and maintain cooperation with authorities of third countries based on a cooperation strategy.
(2)Pursuant to Article 56(2)(c) of Regulation (EU) 2018/1727, Eurojust may transfer personal data to an authority of a third country provided that, inter alia, an international agreement has been concluded between the Union and that third country pursuant to Article 218 of the Treaty on the Functioning of the European Union (TFEU), that provides for adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

(3)In accordance with Council Decision (EU) 2024/2704 (3), the Agreement between the European Union and Bosnia and Herzegovina on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters (‘the Agreement’) was signed on 28 October 2024, subject to its conclusion.

(4)The Agreement enables the transfer of personal data between Eurojust and the competent authorities of Bosnia and Herzegovina, 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, the right to the protection of personal data, and the right to an effective remedy and a fair trial, laid down in Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European. 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 behalf of the Union the modifications of Annexes I, II and III to the Agreement, 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 update the information about the addressee of notifications.

(7)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 TFEU, 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 20/2024 on 6 September 2024.

(10)The Agreement should be approved.

(11)In accordance with the Treaties, the Commission should make the notification provided for in Article 29(2) of the Agreement,