Proposal for a Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) [First reading] - Partial General approach - Main contents

Document date	27-11-2014
Publication date	29-11-2014
Reference	16139/14
From	Presidency
External link	original article
Original document in PDF

Council of the European Union Brussels, 27 November 2014 (OR. en)

16139/14 Interinstitutional File:

2013/0256 (COD)

EUROJUST 212 EPPO 73 CATS 196 COPEN 306 CODEC 2374

NOTE

From: Presidency

To: Council

No. Cion doc.: 12566/13 EUROJUST 59 EPPO 4 CATS 36 COPEN 109 CODEC 2163 Subject: Proposal for a Regulation on the European Union Agency for Criminal

Justice Cooperation (Eurojust) [First reading] - Partial General approach

I. INTRODUCTION

• 1. 

  On 17 July 2013 the Commission presented a proposal for a Regulation of the European

Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation.

• 2. 

  The United Kingdom and Ireland have not notified their wish to take part in the adoption and application of the proposed Regulation as provided under Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.

• 3. 

  In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not take part in the adoption of the proposed Regulation and will not be bound by it or subject to its application.

• 4. 

  The aim of the Commission's proposal is to increase Eurojust's efficiency by establishing a new governance model. It also aims to improve its operational effectiveness through homogeneously defining the powers and status of National Members.

• 5. 

  The proposed Regulation is subject to the ordinary legislative procedure. The European

Parliament has yet to adopt its position on the proposal.

• 6. 

  The European Data Protection Supervisor delivered his opinion on the Commission proposal on 5 March 2014.

II. STATE OF PLAY

• 7. 

  The Working Party on Cooperation in Criminal Matters (COPEN) started examining the text at its meeting on 19 September 2013 under the LT Presidency with a general exchange of views on each Chapter. The various Chapters of the draft Regulation were then examined by the COPEN article by article under the LT, EL and IT Presidencies, followed by Presidency compromise proposals based on the written contributions of delegations, the outcome of COPEN meetings and the consultations with various stakeholders including Eurojust. In total 16 meeting days were dedicated to the examination of the text.

• 8. 

  During the Hellenic Presidency, Ministers endorsed an alternative governance model which is designed to allow the College to focus primarily on operational matters by designating the preparation of all non-operational matters to a new Executive Board. This model was further developed during the Italian Presidency with a view to reaching agreement on this model and other key parts of the text.

• 9. 

  In this regard, the Presidency has prepared a revised text on Chapters I-III and V-IX with the exception of the provisions relating to the European Public Prosecutor's Office (EPPO) and Data Protection to form a Partial General Approach of the Council.

• 10. 

  Chapter IV on Data Protection and the provisions dealing with confidentiality and security rules on classified and non-classified sensitive information (Articles 59 and 62 respectively) are also excluded from the text of the partial general approach largely because the draft Regulation of the European Parliament and the Council on the European Union for Police Cooperation (Europol) has yet to be agreed and is of relevance to the Eurojust proposal.

• 11. 

  The decision not to include the provisions relating to the EPPO was taken as the proposal on the Regulation for the establishment of the EPPO has not been sufficiently advanced to determine the exact nature of the future relationship with Eurojust.

• 12. 

  These issues and the remaining Recitals will be further negotiated by COPEN in the context of developments with the draft Regulations on Europol and EPPO as well as the data protection package.

• 13. 

  The changes in the text of the draft Regulation compared to the Commission's proposal are marked in bold italics and strikethrough. Deleted text is marked (…) Text outside the scope of the Partial General Approach is marked in […] with a corresponding footnote.

• 14. 

  At Coreper on 26 November 2014 a number of general and specific scrutiny reservations were lifted. Remaining reservations are indicated in footnotes.

III. CONCLUSION

• 15. 

  The text of the partial general approach was examined by Coreper on the 26th November.

The Presidency now invites the Council to agree the text of the partial general approach as contained in the Annex.

________________

ANNEX

1

CHAPTER I

OBJECTIVE AND TASKS

Article 1 The European Union Agency for Criminal Justice Cooperation

• 1. 

  The European Union Agency for Criminal Justice Cooperation (Eurojust) is hereby established.

• 2. 

  Eurojust, as established by this Regulation, shall replace and succeed be the legal successor of Eurojust as established by Council Decision 2002/187/JHA.

• 3. 

  In each of the Member States, Eurojust shall have legal personality enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.

Article 1a

Definitions 2

For the purpose of this Regulation:

(a) 'international organisations' means international organisations and their subordinate bodies governed by public international law or other bodies which are set up by, or on the basis of, an agreement between two or more countries as well as Interpol.

1 CZ and SK general scrutiny reservation on the text. SK and FR have linguistic reservation. 2 Other definitions on Data Protection are not included as part of the Partial General Approach

but will be introduced at a later date.

Article 2

Tasks

• 1. 

  Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more

  Member States, or requiring a prosecution on common bases 3 , on the basis of operations

  conducted and information supplied by the Member States' authorities and by Europol.

• 2. 

  In the implementation of its tasks Eurojust shall:

  • a) 

    take into account any request emanating from a competent authority of a Member State or any information provided by these authorities, by institutions and by any other body competent by virtue of provisions adopted within the framework of the Treaties or collected by Eurojust itself;

  • b) 

    facilitate the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition.

3 Recital 3(a) Prosecution on a common bases refers to cases of prosecutions and

investigations which may affect only one Member State and a third country where a cooperation agreement has been concluded or where there may be a specific need for Eurojust's involvement. It may also refer to cases which affect one Member State and the Union.

• 3. 

  Eurojust shall exercise its tasks at the request of the competent authorities of the Member

  States or on its own initiative. 4

  Article 3 Competence of Eurojust

• 1. 

  Eurojust’s competence shall cover the forms of crime listed in Annex 1. [….] 5

1a 6 . For forms of crime other than those listed in Annex 1, Eurojust may also, in

accordance with its tasks, assist in the investigations and prosecutions at the request of a competent authority of a Member State.

• 2. 

  Eurojust's competence shall cover related criminal offences. The following offences shall be regarded as related criminal offences:

  • a) 

    criminal offences committed in order to procure the means of perpetrating acts listed in Annex 1;

  • b) 

    criminal offences committed in order to facilitate or carry out acts listed in Annex 1;

4 Recital 10 - When exercising its operational functions in relation to concrete criminal cases

at the request of competent authorities of member States or on its own initiative, Eurojust should act either through one or more of the national members or as a College. By acting on its own initiative Eurojust may take a more proactive role in co-ordinating cases such as supporting the national authorities in their investigations and prosecutions. This may include by involving Member States who may not have initially been included in the case and discovering links between cases based on the information it receives from Europol, OLAF and other national authorities in accordance with Article 21. It also allows Eurojust to produce guidelines, policy documents and casework related analyses as part of its strategic work. When acting on its own initiative it should do so in accordance with this Regulation.

5 The text in square brackets is a reference to EPPO competence which is outside of partial

general approach.

6 CION reservation on Article 3, Paragraph 1(a)

• c) 

  criminal offences committed to ensure the impunity of acts listed in Annex 1.

• 3. 

  At the request of a Member State's competent authority, Eurojust may also assist investigations and prosecutions affecting only that Member State and a third country where a cooperation agreement or arrangement establishing cooperation pursuant to Article 43 has been concluded with that third country or where in a specific case there is an essential interest in providing such assistance.

• 4. 

  7 At the request either of a Member State's competent authority or of the Commission,

  Eurojust may assist investigations and prosecutions affecting only that Member State and

  the Union but which have repercussions at Union level 8 When acting at the request of

  the Commission the assistance by Eurojust shall be subject to the prior consent of the competent authority of the Member State concerned.

  Article 4 Operational functions of Eurojust

• 1. 

  Eurojust shall:

  • a) 

    inform the competent authorities of the Member States of investigations and

  prosecutions of which it has been informed and which have repercussions at Union

  level or which might affect Member States other than those directly concerned;

  • b) 

    assist the competent authorities of the Member States in ensuring the best possible coordination of investigations and prosecutions;

  • c) 

    give assistance in order to improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;

  • d) 

    cooperate and consult with the European Judicial Network in criminal matters,

  including making use of and contributing to the improvement of the documentary

  database of that European Judicial Network;

7 CION reservation on Para 3(4) final sentence.

8 Recital 10(a) - Examples of cases which have repercussions at a Union level include those

were a member of an EU institution or body is involved. It also covers cases which involve a

significant number of Member States and could potentially require a coordinated

European response.

• e) 

  provide operational, technical and financial support to Member States' cross-border operations and investigations, including joint investigation teams.

• 2. 

  In the exercise of its tasks, Eurojust may ask the competent authorities of the Member

  States concerned, giving its reasons, to:

  • a) 

    undertake an investigation or prosecution of specific acts;

  • b) 

    accept that one of them may be in a better position to undertake an investigation or to prosecute specific acts;

• c) 

  coordinate between the competent authorities of the Member States concerned;

  • d) 

    set up a joint investigation team in accordance with the relevant cooperation

  instruments;

  • e) 

    provide it with any information that is necessary to carry out its tasks;

  • f) 

    take special investigative measures;

  • g) 

    take any other measure justified for the investigation or prosecution.

• 3. 

  Eurojust may also:

  • a) 

    provide Europol with opinions based on analyses carried out by Europol;

  • b) 

    supply logistical support, including assistance for translation, interpretation and the organisation of coordination meetings.

• 4. 

  Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (a) and (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The non-binding opinion shall be promptly forwarded to the Member States concerned.

• 5. 

  On request of a competent authority Eurojust shall issue a written opinion on recurrent repeated refusals or difficulties concerning the execution of requests for, and decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The non-binding opinion shall be promptly forwarded to the Member States concerned.

6. The competent national authorities shall respond without undue delay to Eurojust's requests and opinions. Where the competent authorities of the Member States concerned decide not to comply with a request referred to in Article 4(2) or decide not to follow a written opinion referred to in Article 4(4) or (5), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardise the safety of individuals, the competent authorities of the Member States may cite operational reasons.

Article 5 9

Exercise of operational and other functions

• 1. 

  Eurojust shall act through one or more of the national members concerned when taking any of the actions referred to in Article 4(1) or (2). Without prejudice to paragraph 2, the

  College shall focus on operational issues and any other issues that are directly linked to operational matters. It shall only be involved in administrative matters to the extent necessary to ensure that its operational tasks are fulfilled.

9 CION reservation on Article 5.

• 2. 

  Eurojust shall act as a College:

  • a) 

    when taking any of the actions referred to in Article 4(1) or (2):

    (i) when so requested by one or more of the national members concerned by a case dealt with by Eurojust;

    (ii) when the case involves investigations or prosecutions which have repercussions at Union level or which might affect Member States other than those directly

    concerned;

  • b) 

    when taking any of the actions referred to in Article 4 (3), (4) or (5);

  • c) 

    when a general question relating to the achievement of its operational objectives is involved;

  • d) 

    when otherwise provided for in this Regulation

  e) when adopting the annual budget of Eurojust and exercise other functions in respect of Eurojust's budget pursuant to Chapter VI;

  f) when adopting the annual and multiannual programme and the annual report on Eurojust's activities;

  g) when electing or dismissing the President and Vice- Presidents in accordance with Article 11;

  h) when appointing the Administrative Director and where relevant extending his or her term of office or removing him or her from office in accordance with Article

  17;

  i) when adopting working arrangements concluded in accordance with Articles 38(2a) and 43;

  j) when adopting rules for the prevention and management of conflicts of interest in respect of the national members;

  k) when preparing strategic reports, policy papers, guidelines for the benefit of national authorities and opinions pertaining to the operational work of Eurojust.

  l) when appointing liaison magistrates in accordance with Article 46;

  m) when taking any other decision which is not expressly attributed to the Executive

  Board in this Regulation or which is not under the responsibility of the

  Administrative Director in accordance with Article 18;

  n 10 ) when otherwise provided for in this Regulation.

• 3. 

  When it fulfils its tasks, Eurojust shall indicate whether it is acting through one or more of the national members or as a College.

4. The College may assign additional administrative tasks to the Administrative Director and the Executive Board beyond those provided for in Articles 16 and 18 in line with its operational requirements.

5. The College shall adopt the Rules of Procedure of Eurojust on the basis of a two-thirds majority of its members. In the event that agreement cannot be reached by two-thirds majority, the decision shall be taken by simple majority. The Rules of Procedure shall be approved by the Council by means of implementing acts 11 . after consent of the

European Parliament.

10 Formerly d) of Commission text.

11 A recital shall be added to duly justify the conferral of implementing powers on the Council

in accordance with Article 291(2) TFEU

CHAPTER II

STRUCTURE AND ORGANISATION OF EUROJUST

S ECTION I S TRUCTURE

Article 6 Structure of Eurojust

The structure of Eurojust shall comprise:

• a) 

  the national members;

• b) 

  the College;

• c) 

  the Executive Board;

• d) 

  the Administrative Director

  S ECTION II N ATIONAL M EMBERS

  Article 7 Status of national members

• 1. 

  Eurojust shall have one national member seconded by each Member State in accordance with its legal system, who shall have his or her regular place of work at the seat of Eurojust.

• 2. 

  Each national member shall be assisted by one deputy and by an Assistant. The deputy and the Assistant shall in principle have their regular place of work at the seat of Eurojust.

  The Member State may decide that the deputy and/or Assistant work in the Member State of origin and notify the College. If the operational needs of Eurojust so require, the College may request the Member State to justify its decision to base the deputy and Assistant in the Member State of origin. The Member State shall respond to the request of the College without undue delay.

2a More deputies or Assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust. The Member State shall notify Eurojust and the Commission of the designation of national members, deputies and Assistants.

• 3. 

  The national members and deputies shall have a status as a prosecutor, judge or police officers of equivalent competence. The competent national members shall at least have grant them the powers referred to in this Regulation in order to be able to fulfil their tasks.

3a. The term of office of the national members and their deputies shall be four years, renewable .

• 4. 

  The deputy shall be able to act on behalf of or to substitute the national member. An

  Assistant may also act on behalf of or substitute the national member if he or she has a status as referred to in paragraph 3.

• 5. 

  Operational information exchanged between Eurojust and Member States shall be directed through the national members.

• 6. 

  National members shall contact the competent authorities of their Member State directly.

• 7. 

  The salaries and emoluments of the national members, deputies and Assistants shall be

  borne by their Member State of origin without prejudice to Article 11a. 12

• 8. 

  Where national members, deputies and Assistants act within the framework of Eurojust's tasks, the relevant expenditure related to these activities shall be regarded as operational expenditure.

13 Article 8

Powers of national members

• 1. 

  The national members shall have the power to:

  • a) 

    facilitate or otherwise support the issuing and execution of any mutual legal

  assistance or mutual recognition request;

  • b) 

    contact directly and exchange information with any national competent authority of the Member State;

  • c) 

    contact directly and exchange information with any competent international

  authority, in accordance with the international commitments of their Member State;

  • d) 

    participate in joint investigation teams including in their setting up.

1a. Without prejudice to Paragraph 1, Member States may grant additional powers to the national members in accordance with national legislation. The Member State

shall formally notify the Commission and the College of these powers.

12 CION reservation on additional text of 7(7).

13 FI scrutiny reservation on Article 8.

• 2. 

  14 In agreement with their competent national authority the national members shall may in

  accordance with national law;

a) issue and execute any mutual assistance or mutual recognition request;

b) order or request authorise and execute investigative measures, as provided for in laid down listed in Section C of Annex A to Directive 2014/41/EU of the

European Parliament and of the Council of 3rd April 2014 regarding the European Investigation Order in criminal matters;

[c) authorise and coordinate controlled deliveries in their Member State in accordance with national legislation;]

d) participate as necessary in joint investigation teams including in their setting up. However, if the joint investigation team is funded by the Union budget the national members concerned will always be invited to participate.

• 3. 

  In urgent cases when agreement cannot be reached and in so far as it is not possible to identify or to contact the competent national authority in a timely manner, the national members shall be competent to take the measures referred to in paragraph 2 in accordance with national law informing as soon as possible the national competent authority.

4. Where granting the powers referred to in paragraphs 2 and 3 to the national member is contrary to a Member State’s

(a) constitutional rules,

or

14 A recital will be added to state that, in principle, these powers should be exercised by the

competent national authority.

(b) fundamental aspects of the national criminal justice system:

(i) regarding the division of powers between the police, prosecutors and judges,

(ii) regarding the functional division of tasks between prosecution authorities,

or

(iii) related to the federal structure of the Member State concerned,

the national member shall be competent to submit a proposal to the competent national

authority responsible to carry out the measures referred to in paragraphs 2 and 3.

5. Member States shall ensure that, in cases referred to in paragraph 4, the request issued by the national member be handled without undue delay by the competent national

authority.

Article 9 Access to national registers

The national members shall have access to, or at least be able to obtain the information contained in, the following types of registers of their Member State, in accordance with national law:

• a) 

  criminal records;

• b) 

  registers of arrested persons;

• c) 

  investigation registers;

• d) 

  DNA registers;

• e) 

  other registers of public authorities of their Member States where such information is necessary to fulfil their tasks.

  S ECTION III T HE C OLLEGE

Article 10 15

Composition of the College

• 1. 

  The College shall be composed of all the national members.

• a) 

  all the national members when the College exercises its operational functions under Article 4;

• b) 

  all the national members and two representatives of the Commission when the College exercises its management functions under Article 14;

• 2. 

  The term of office of the members and their deputies shall be at least four years, renewable once. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their term is renewed or until they are replaced.

3. The Administrative Director shall attend the management meetings of the College when administrative issues are discussed, without the right to vote.

• 4. 

  The College may invite any person whose opinion may be of interest to attend its meetings as an observer.

• 5. 

  The members of the College may, subject to the provisions of its Rules of Procedure, be assisted by advisers or experts.

15 CION reservation on Article 10 (1).

Article 11 The President and Vice-President of Eurojust

• 1. 

  The College shall elect a President and two Vice-Presidents from among the national members by a two thirds majority of its members. In the event that a two thirds majority cannot be reached the election will take place in accordance with the Rules of Procedure of Eurojust.

1a. The President shall exercise his/her functions on behalf of the College under its authority. The President shall;

(i) represent Eurojust

(ii) call and preside over the meetings of the College and the Executive Board and keep the College informed of any matters that are of interest to it.

(iii) direct the work of the College and monitor the daily management ensured by the Administrative Director

(iv) Further detail on the undertake any other functions of the President shall be set out in the Rules of Procedure of Eurojust.

• 2. 

  The Vice-Presidents shall perform functions listed under paragraph 1a which the

President entrusts to them. They shall replace the President if he or she is prevented from attending to his or her duties. The President and Vice-Presidents shall be assisted in their

work the performance of their specific duties by the administrative staff.

• 3. 

  The term of office of the President and the Vice-Presidents shall be four years. They may be re-elected once.

3a. When a national member is elected President or Vice-President of Eurojust, his or her term of office shall be extended to ensure that he or she can fulfil his or her function as President or Vice-President.

4. If the President or Vice-President no longer fulfil the conditions required for the performance of their duties, he or she may be dismissed by the College acting on a proposal from one third of its members. The decsion shall be adopted on the basis of a two-thirds majority of its members, not including the President or Vice-President concerned.

5. When a national member is elected President or Vice-President of Eurojust. The

Member State concerned may second another suitably qualified person 16 to reinforce

the national desk for the duration of the former's appointment as President or Vice

President. A Member State who decides to second such a person shall be entitled to

apply for compensation in accordance with Article 11a 17 .

18 Article 11a

Compensation mechanism for election to the positions of President and Vice-President

1. Within one year after entry into force of this Regulation, the Council acting on a

proposal by the Commission, shall by means of implementing acts 19 determine a

compensation model for the purpose of Article 11(5), to be made available to Member States whose national member is elected President or Vice-President.

2. The compensation shall be available to any Member State if;

(i) their national member has been elected as President or Vice-President

and,

(ii) they request compensation from the College and provide justification for the need to reinforce the national desk on the grounds of increased work load.

16 Recital to define suitably qualified person ""Suitably qualified persons are persons that have

the necessary qualifications and experience to perform the tasks required to ensure that the national desk functions effectively. In this respect, they may have the status of the deputy or Assistant as set out in Article 7 or alternatively they may have a more administrative or technical function. Each Member State may decide on its own requirements in this regard"

17 DE and Commission reservation on the last sentence of 11(5). 18 DE scrutiny reservation. CION reservation. 19 A recital shall be added to duly justify the conferral of implementing powers on the Council

in accordance with Article 291(2) TFEU.

3. The compensation provided shall equate to 70% 20 of the national salary of the seconded

person. Living costs and other associated expenses shall be provided on a comparative

basis to those provided to EU officials or other public servants seconded abroad. 21

4. The compensation mechanism shall be at the charge of the Eurojust budget.

Article 12 Meetings of the College

• 1. 

  The President shall convene the meetings of the College.

• 2. 

  The College shall hold at least one operational meeting per month. To exercise its management functions, the College shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of the President, at the request of the Commission or at the request of at least one third of its members.

• 3. 

  […] 22

  Article 13 Voting rules of the College

• 1. 

  Unless stated otherwise, the College shall take its decisions by a majority of its members.

• 2. 

  Each member shall have one vote. In the absence of a voting member, the deputy and

  Assistants shall be entitled to exercise the right to vote in accordance with Article 7(4).

20 AT reservation on the 70% calculation.

21 Reference to the specific rules governing this secondment of EU officials or other public

servants to be added.

22 Article 12(3) will not form part of the Partial General Approach.

Article 14 Management functions of the College

[…]

Article 15 Annual and multi-annual programming

[…]

S ECTION IV T HE E XECUTIVE B OARD

Article 16 Functioning of the Executive Board

• 1. 

  The College shall be assisted by an Executive Board. The Executive Board shall be responsible for taking key administrative decisions to ensure the functioning of Eurojust. It will also undertake the necessary preparatory work on other administrative matters for the College's approval in accordance with Article 5(2). It shall not be

  involved in the operational functions of Eurojust referred to in Articles 4 and 5 23 .

1a. The Executive Board may consult the College when preparing the annual budget for

Eurojust, the annual report and the annual and multi-annual work programmes and may obtain other non-operational information from the College, if necessary for it to be able to perform its tasks.

23 CZ reservation on the deletion of the sentence dealing with accountability to the College

2. The Executive Board shall also

• a) 

  The Executive Board shall also:

  • a) 

    prepare approve Eurojust's annual and multi-annual work programme based on the draft prepared by the Administrative Director and forward to the College for adoption;the decisions to be adopted by the College in accordance with Article 14;

  • b) 

    adopt an anti-fraud strategy which is proportionate to the fraud risks having regard to cost-benefit of the measures to be implemented for Eurojust based on a draft

    prepared by the Administrative Director;

  • c) 

    adopt appropriate implementing rules to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;

  • d) 

    ensure adequate follow-up to the findings and recommendations stemming from the internal or external audit reports, evaluations and investigations to the extent they are not linked with the operational work of the College including those of the European Data Protection Supervisor (EDPS) and the European Anti-fraud Office (OLAF);

  • e) 

    take all decisions on the establishment and, where necessary, the modification of Eurojust's internal administrative structures;

  • f) 

    without prejudice to the responsibilities of the Administrative Director, as set out in Article 18, assist and advise him or her in the implementation of the decisions of the College, with a view to reinforcing supervision of administrative and budgetary management;

  • g) 

    take any other decision not expressly attributed to the College in Articles 5 or 14 or under the responsibility of the Administrative Director in accordance with Article 18;

  • h) 

    adopt its rules of procedure.

  aa) undertake any additional administrative tasks assigned to it by the College under Article 5(4);

  bb) prepare the annual budget of Eurojust for adoption by the College and exercise

  other functions in respect of Eurojust's budget pursuant to Chapter VI;

  cc) approve the annual report on Eurojust's activities and forward to the College for adoption.

  dd) adopt the financial rules applicable to Eurojust in accordance with Article 52;

  ee) appoint an Accounting Officer and a Data Protection Officer who shall be

  functionally independent in the performance of their duties; 24

  ff) adopt, in accordance with Article 110 of the Staff Regulations, a decision

  based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of

  Employment of Other Servants delegating the relevant appointing authority

  powers to the Administrative Director and defining the conditions under which

  this delegation of powers can be suspended. The Administrative Director shall be

  authorised to sub-delegate these powers.

• 3. 

  When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the College on administrative and budgetary matters, which shall be subject to confirmation by the College.

• 4. 

  The Executive Board shall be composed of the President and Vice-Presidents of the College, one representative of the Commission and one, two other members of the College who shall be appointed following a designated on a two year rotation system in accordance with the

  Rules of Procedure of the College. The Administrative Director shall attend the meetings of the Executive Board without the right to vote.

4a. The President of the College shall be the Chairperson of the Executive Board. The Executive Board shall take its decisions by a majority of its members. Each member, with the exception of the Administrative Director, shall have one vote. In the event of a tie vote, the

President shall have the casting vote.

24 PT and CZ scrutiny reservation on 16(2)(ee)

• 5. 

  The term of office members of the Executive Board shall be four years, with the exception of the member of the College who shall be appointed following a two-year rotation system. The term of office of members of the Executive Board shall end when their term as national

  members, President or Vice-President ends.

• 6. 

  The Executive Board shall meet hold at least once a month one ordinary meeting every three months. In addition, it shall meet on the initiative of its Chairperson or at the request of the

  Commission or of at least two of its other members.

• 7. 

  […] 25

• 8. 

  […]

Article 16a 26

Annual and multi-annual programming

• 1. 

  By [30 November each year] the College shall adopt a programming document containing a multi-annual and annual work programme, based on a draft put forward by the Administrative Director and approved by the Executive Board. It shall forward it to the European Parliament, the Council and the Commission. The work programme shall become definitive after final

  adoption of the general budget and if necessary shall be adjusted accordingly.

• 2. 

  The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with

  the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate which tasks have been added, changed or deleted in comparison with the previous financial year.

25 Article 16(7) and (8) will not form part of the Partial General Approach

26 Formerly Article 15 of the Commission proposal.

• 3. 

  The Executive Board shall amend the adopted annual work programme when a new task is given to Eurojust. Any substantial amendment to the annual work programme shall be

  adopted by the same procedure as the initial annual work programme. The Executive Board may delegate to the Administrative Director the power to make non-substantial amendments to the annual work programme, while keeping the Executive Board informed of any such amendment.

• 4. 

  The multi-annual work programme shall set out overall strategic programming including objectives, expected results and performance indicators. It shall also set out resource

  programming including multi-annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 56.

  S ECTION V T HE A DMINISTRATIVE D IRECTOR

[…]

Article 17 Status of the Administrative Director

• 1. 

  The Administrative Director shall be engaged as a temporary agent of Eurojust under

  Article 2(a) of the Conditions of Employment of Other Servants of the European Union.

• 2. 

  The Administrative Director shall be appointed by the College from a list of candidates

  proposed by the Commission Executive Board 27 , following an open and transparent selection

  procedure in accordance with the Rules of Procedure of Eurojust. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.

• 3. 

  The term of office of the Administrative Director shall be five four years. By the end of this period, the Commission Executive Board shall undertake an assessment which takes into

  account an evaluation of the performance of the Administrative Director.

• 4. 

  The College, acting on a proposal from the Commission Executive Board which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than five four years.

• 5. 

  An Administrative Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

• 6. 

  The Administrative Director shall be accountable to the College and the Executive board.

• 7. 

  The Administrative Director may be removed from the office only upon a decision of the

  College on the basis of a two-thirds majority of its members. a proposal from the Commission.

  Article 18 Responsibilities of the Administrative Director

• 1. 

  For administrative purposes, Eurojust shall be managed by its Administrative Director.

• 2. 

  Without prejudice to the powers of the Commission 28 , the College or the Executive Board, the

  Administrative Director shall be independent in the performance of his or her duties and shall

  neither seek nor take instructions from any government or from any other body.

27 CION wish to reinstate its role in the selection procedure (Paras 2,3 and 4 refer).

28 CION have a reservation on 18(2) and 4(b) regarding the deletion of the Commission.

• 3. 

  The Administrative Director shall be the legal representative of Eurojust.

• 4. 

  The Administrative Director shall be responsible for the implementation of the administrative tasks assigned to Eurojust. In particular, the Administrative Director shall be responsible for:

  • a) 

    the day-to-day administration of Eurojust and staff management;

  • b) 

    implementing the decisions adopted by the College and the Executive Board;

  • c) 

    preparing the programming document annual and multi-annual work programme and reporting submitting it to the Executive Board and College for approval after

    consultation of the Commission.

  • d) 

    implementing the programming document annual and multi-annual work programme and reporting to the Executive Board and College on its implementation;

  • e) 

    preparing the annual report on Eurojust’s activities and presenting it to the Executive Board for approval completion and to the College for adoption;

  • f) 

    preparing an action plan following-up on the conclusions of the internal or external audit reports, evaluations and investigations, including those of the European Data Protection Supervisor and OLAF and reporting on progress twice a year to the

    Executive Board, the College, the Commission and the European Data Protection Supervisor;

  • g) 

    protecting the financial interests of the Union by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if

    irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative and financial penalties;

  • g) 

    preparing an anti-fraud strategy for Eurojust and presenting it to the Executive Board for approval;

  • h) 

    preparing the draft financial rules applicable to Eurojust;

  • i) 

    preparing Eurojust's draft statement of estimates of revenue and expenditure and implementing its budget;

  j) exercising, with respect to the staff of the Agency, the powers conferred by the

  Staff Regulations 29 on the Appointing Authority and by the Conditions of Employment of Other Servants 30 on the Authority Empowered to conclude

  Contracts of Employment ("the appointing authority powers");

  k) supporting the providing necessary administrative support to facilitate the operational work of Eurojust.

  l) providing support to the President and Vice-Presidents in the carrying out of their duties.

5. The Council may invite the Administrative Director to report on the performance of his/her duties.

29 Council Regulation No 31 (EEC), 11 (EAEC) of 18 December 1961 laying down the Staff

Regulations for Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, OJ P 045, 14.6.1962, p. 1385, as amended, in particular, by Council Regulation 259/68, of 29 February 1968 (OJ L 56, 4.3.1968, p. 1), as itself subsequently amended.

30 Council Regulation No 31 (EEC), 11 (EAEC) of 18 December 1961 laying down the Staff

Regulations for Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, OJ P 045, 14.6.1962, p. 1385, as amended, in particular, by Council Regulation 259/68, of 29 February 1968 (OJ L 56, 4.3.1968, p. 1), as itself subsequently amended.

CHAPTER III

OPERATIONAL MATTERS

Article 19 On-call coordination (OCC)

• 1. 

  In order to fulfil its tasks in urgent cases, Eurojust shall operate an On-Call Coordination able to receive and process at all times requests referred to it. The On-Call Coordination shall be contactable, through a single On-Call Coordination contact point at Eurojust, on a 24 hour/7 day basis.

• 2. 

  The On-Call Coordination shall rely on one representative (On-Call Coordination representative) per Member State who may be either the national member, his deputy, or an Assistant entitled to replace the national member or other authority designated for this purpose under national law. The On-Call Coordination representative shall be able to act on a 24 hour/7 day basis.

• 3. 

  The On-Call Coordination representatives shall act without delay, in relation to the execution of the request in their Member State. National members who are

  representatives shall act through the exercise of the powers available to them in accordance with Article 8.

  Article 20 Eurojust National Coordination System

• 1. 

  Each Member State shall designate one or more national correspondents for Eurojust.

• 2. 

  Each Member State shall set up a Eurojust national coordination system to ensure coordination of the work carried out by:

  • a) 

    the national correspondents for Eurojust;

  • b) 

    the national correspondent for Eurojust for terrorism matters; c) the national correspondent for the European Judicial Network in criminal matters and up to three other contact points of that European Judicial Network;

  • d) 

    national members or contact points of the Network for Joint Investigation Teams and of the networks set up by Decision 2002/494/JHA, Decision 2007/845/JHA and by

    Decision 2008/852/JHA;

  e) where applicable, any other relevant judicial authority.

• 3. 

  The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law.

• 4. 

  The national correspondents for Eurojust shall be responsible for the functioning of the

  Eurojust national coordination system. When several correspondents for Eurojust are designated, one of them shall be responsible for the functioning of the Eurojust national coordination system.

4(a). The Eurojust national member shall be informed of all meetings of the ENCS where casework related matters are discussed and may attend as necessary.

• 5. 

  The Eurojust national coordination system shall facilitate, within the Member State, the carrying out of the tasks of Eurojust, in particular by:

  • a) 

    ensuring that the Case Management System referred to in Article 24 receives information related to the Member State concerned in an efficient and reliable manner;

  • b) 

    assisting in determining whether a case request should be dealt handled with the

  assistance of Eurojust or of the European Judicial Network;

• c) 

  assisting the national member to identify relevant authorities for the execution of

requests for, and decisions on, judicial cooperation, including those based on

instruments giving effect to the principle of mutual recognition;

• d) 

  maintaining close relations with the Europol National Unit, other European Judicial Network contact points and other relevant competent national authorities.

• 6. 

  In order to meet the objectives referred to in paragraph 5, persons referred to in paragraph 1 and in points (a), (b) and (c) of paragraph 2 shall, and persons or authorities referred to in points (d) and (e) of paragraph 2 may be connected to the Case Management System in

  accordance with this Article and with Articles 24, 25, 26 and 30. The connection to the Case Management System shall be at the charge of the general budget of the European Union.

• 7. 

  The setting up of the Eurojust national coordination system and the designation of national correspondents shall not prevent direct contacts between the national member and the

  competent authorities of his Member State.

Article 21 31

Exchanges of information with the Member States and between national members

• 1. 

  The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks in accordance with Articles 2 and 4 as well as with the rules on data protection set out in this Regulation. This shall at least include the information referred to in paragraphs 4, 5 and 6 and 7 .

• 2. 

  The transmission of information to Eurojust shall only be interpreted as a request for the assistance of Eurojust in the case concerned only if so specified by a competent authority.

• 3. 

  The national members shall exchange any information necessary for the performance of the tasks of Eurojust, without prior authorisation, among themselves or with their Member State's competent authorities. In particular, the competent national authorities shall promptly inform their national members of a case which concerns them.

• 4. 

  The national competent authorities shall inform their national members of the setting up of joint investigation teams and of the results of the work of such teams.

31 DE, AT, FR and SI scrutiny reservation on this Article.

of any case concerning crimes under the competence of Eurojust listed in Annex 1 affecting at least three Member States directly for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States and,

(a) the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order for a maximum period of five or six years to be decided by the Member State concerned, and is included in the following list:

(i) trafficking in human beings;

(ii) sexual abuse and sexual exploitation including child pornography and solicitation of children for sexual purposes;

(iii) drug trafficking;

(iv) illicit trafficking in firearms, their parts and components and ammunition and explosives;

(v) corruption;

(vi) crime against the financial interests of the Union;

(vii) forgery of money and means of payment

(viii) money laundering activities;

(ix) computer crime

or

32 CION reservation on 21(5).

(b) there are factual indications that a criminal organisation is involved.

or

(c) there are indications that the case may have a serious cross-border dimension or repercussions at European Union level or that it might affect Member States other than those directly involved.

• 6. 

  The national competent authorities shall inform their national members of:

  • a) 

    cases where conflicts of jurisdiction have arisen or are likely to arise;

  • b) 

    controlled deliveries affecting at least three countries, at least two of which are

  Member States;

  • c) 

    repeated difficulties or refusals regarding the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the

    principle of mutual recognition.

• 7. 

  National authorities shall not be obliged in a particular case to supply information if this would mean:

  • a) 

    harming essential national security interests; or

  • b) 

    jeopardising the safety of individuals.

• 8. 

  This Article shall be without prejudice to conditions set in bilateral or multilateral

agreements or arrangements between Member States and third countries including any

conditions set by third countries concerning the use of information once supplied.

8a. This Article shall be without prejudice to other obligations regarding the transmission of information to Eurojust, including Council Decision 2005/671/JHA of 20 September

2005 on the exchange of information and cooperation concerning terrorist offences. 33

33 OJ L 167, 26.6.2002 p.1

• 9. 

  Information referred to in this Article shall be provided in a structured way as established by Eurojust. The national authority shall not be obliged to provide this information when

  it has already been transmitted to Eurojust in accordance with other provisions of this Regulation.

  Article 22 Information provided by Eurojust to competent national authorities

• 1. 

  Eurojust shall provide competent national authorities with information and feedback on the results of the processing of information, including the existence of links with cases already stored in the Case Management System. This information may include personal data.

• 2. 

  Where a competent national authority requests Eurojust to provide it with information, Eurojust shall transmit it in the timeframe requested by that authority.

  Article 23 Follow-up to requests and opinions of Eurojust

[…]

Article 24 Case Management System, index and temporary work files

• 1. 

  Eurojust shall establish a Case Management System composed of temporary work files and of an index which contain personal data as referred to in Annex 2 and non-personal data.

• 2. 

  The purpose of the Case Management System shall be to:

  • a) 

    support the management and coordination of investigations and prosecutions for which Eurojust is providing assistance, in particular by the cross-referencing of information;

  • b) 

    facilitate access to information on on-going investigations and prosecutions;

  • c) 

    facilitate the monitoring of lawfulness and compliance with the provisions of this Regulation concerning the processing of personal data.

• 3. 

  The Case Management System may be linked to the secure telecommunications connection referred to in Article 9 of Decision 2008/976/JHA.

• 4. 

  The index shall contain references to temporary work files processed within the framework of Eurojust and may contain no personal data other than those referred to in points (1)(a) to (i), (k) and (m) and (2) of Annex 2.

• 5. 

  In the performance of their duties, the national members may process data on the individual

cases on which they are working in a temporary work file. They shall allow the Data

Protection Officer to have access to the temporary work file. The Data Protection Officer

shall be informed by the national member concerned of the opening of each new temporary

work file that contains personal data. In the performance of their duties the national

member shall allow the Data Protection Officer to have access to the temporary work

file.

• 6. 

  For the processing of operational personal data, Eurojust may not establish any automated data file other than the Case Management System or a temporary work file. The national member may, however, temporarily store and analyse personal data for the purpose of determining whether such data are relevant to Eurojust's tasks and can be included in the Case Management System. This data may be held for up to 3 months.

 7. […] 34

• 8. 

  […]

34 Article 24 (7) and (8) will not be included as part of the Partial General Approach.

Article 25 Functioning of temporary work files and the index

• 1. 

  A temporary work file shall be opened by the national member concerned for every case with respect to which information is transmitted to him or her in so far as this transmission is in accordance with this Regulation or other applicable legal instruments.The national

  member shall be responsible for the management of the temporary work files opened by that national member.

• 2. 

  The national member who has opened a temporary work file shall decide, on a case-by-case basis, whether to keep the temporary work file restricted or to give access to it or to parts of it, to other national members or to Eurojust staff or any other person working on behalf of Eurojut authorised by who has received the necessary authorisation from the

  Administrative Director.

• 3. 

  The national member who has opened a temporary work file shall decide which information related to this temporary work file shall be introduced in the index.

  Article 26 Access to the Case Management System at national level

• 1. 

  Persons referred to in Article 20(2), in so far as they are connected to the Case Management System, may only have access to:

  • a) 

    the index, unless the national member who has decided to introduce the data in the

  index expressly denied such access;

  • b) 

    temporary work files opened by the national member of their Member State; c) temporary work files opened by national members of other Member States and to which the national member of their Member States has received access unless the national member who opened the temporary work file expressly denied such access.

• 2. 

  The national member shall, within the limitations provided for in paragraph 1, decide on the extent of access to the temporary work files which is granted in his or her Member State to persons referred to in Article 20(2) in so far as they are connected to the Case Management System.

• 3. 

  Each Member State shall decide, after consultation with its national member, on the extent of access to the index which is granted in that Member State to persons referred to in Article 20(2) in so far as they are connected to the Case Management System. Member States shall notify Eurojust and the Commission of their decision regarding the implementation of this paragraph. The Commission shall inform the other Member States thereof.

• 4. 

  Persons which have been granted access in accordance with paragraph 2 shall at least have access to the index to the extent necessary to access the temporary work files to which they have been granted access.

  Chapter IV [… 35 ]

CHAPTER V

RELATIONS WITH PARTNERS

SECTION I COMMON PROVISIONS

Article 38 Common provisions

• 1. 

  In so far as necessary for the performance of its tasks, Eurojust may establish and maintain cooperative relations with Union bodies and agencies in accordance with the objectives of those bodies or agencies, the competent authorities of third countries and international

  organisations.and the International Criminal Police Organisation (Interpol).

• 2. 

  In so far as relevant to the performance of its tasks and subject to any restriction stipulated pursuant to Article 21(8) and Article 62, Eurojust may directly exchange all information, with the exception of personal data, with the entities referred to in paragraph 1.

2a. For the purposes set out in paragraphs 1 and 2, Eurojust may conclude working arrangements with entities referred to in paragraph 1. Those working arrangements shall not form the basis for allowing the exchange of personal data and shall not bind the Union or its Member States.

35 Chapter IV on Data Protection is excluded from the Partial General Approach

• 3. 

  Eurojust may, in accordance with Article 4 of Regulation (EC) No 45/2001, receive and

process personal data received from the entities referred to in paragraph 1 in so far as

necessary for the performance of its tasks and subject to the provisions of Section IV.

• 4. 

  Personal data shall only be transferred by Eurojust to Union bodies, third countries and international organisations and Interpol if this is necessary for preventing and combating crime that falls under Eurojust's competence and in accordance with this Regulation the performance of its tasks and in accordance with Articles 44 and 45. If the data to be transferred have been provided by a Member State, Eurojust shall seek obtain the consent of the relevant competent authority in that Member State, unless:

  • a) 

    the authorisation can be assumed as the Member State has not expressly limited the possibility of onward transfers; or

  • b) 

    the Member State has granted its prior authorisation to such onward transfer, either in general terms or subject to specific conditions. Such consent may be withdrawn any

    moment.

• 5. 

  Onward transfers to third parties of personal data received from Eurojust by Member States, Union bodies or agencies, third countries or and international organisations or Interpol, shall be prohibited unless Eurojust has obtained prior consent from the Member State who

  provided the data and given its explicit consent after considering the circumstances of the case at hand and only for a specific purpose that is not incompatible with the purpose for which the data was transmitted.

  SECTION II RELATIONS WITH PARTNERS

  Article 39 Cooperation with the European Judicial Network and other networks of the European Union

involved in cooperation in criminal matters

• 1. 

  Eurojust and the European Judicial Network in criminal matters shall maintain privileged relations with each other, based on consultation and complementarity, especially between the national member, the European Judicial Network contact points of the same Member State and the national correspondents for Eurojust and the European Judicial Network. In order to ensure efficient cooperation, the following measures shall be taken:

  • a) 

    national members shall, on a case-by-case basis, inform the European Judicial Network contact points of all cases which they consider the Network to be in a better position to deal with;

  • b) 

    the Secretariat of the European Judicial Network shall form part of the staff of Eurojust. It shall function as a separate unit. It may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network's tasks, including for covering the costs of the plenary meetings of the Network;

  • c) 

    European Judicial Network contact points may be invited on a case-by-case basis to attend Eurojust meetings;

  d) Eurojust and the European Judicial Network may make use of the ENCS when determining whether a request should be handled with the assistance of Eurojust or the European Judicial Network in accordance with Article 20(5)(b)

• 2. 

  The Secretariat of the Network for Joint Investigation Teams and of the network set up by Decision 2002/494/JHA shall form part of the staff of Eurojust. These secretariats shall function as separate units. They may draw on the administrative resources of Eurojust which are necessary for the performance of their tasks. Coordination between the secretariats shall be ensured by Eurojust. This paragraph shall apply to the secretariat of any new network set up by a decision of the Council where that decision provides that the secretariat shall be provided by Eurojust.

• 3. 

  The network set up by Decision 2008/852/JHA may request that Eurojust provide a secretariat to the network. If such request is made, paragraph 2 shall apply.

  Article 40 Relations with Europol

• 1. 

  Eurojust shall take all appropriate measures to enable Europol, within its mandate, to have indirect access on the basis of a hit/no hit system to information provided to Eurojust, without prejudice to any restrictions indicated by the providing Member States, Union bodies, third countries, and international organisations or Interpol. In case of a hit, Eurojust shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State, Union body, third country, international organisation or Interpol that provided the information to Eurojust. of the provider of the information to Eurojust.

• 2. 

  Searches of information in accordance with paragraph 1 shall be made only for the purpose of identifying whether information available at Eurojust Europol matches with information processed at Europol. Eurojust.

• 3. 

  Eurojust shall allow searches in accordance with paragraph 1 only after obtaining from Europol information about which staff members have been designated as authorised to perform such searches.

• 4. 

  If during Eurojust’s information processing activities in respect of an individual investigation, Eurojust or a Member State identifies the necessity for coordination, cooperation or support in accordance with the mandate of Europol, Eurojust shall notify them thereof and shall initiate the procedure for sharing the information, in accordance with the decision of the Member State providing the information. In such a case Eurojust shall consult with Europol.

• 5. 

  Europol shall respect any restriction to access or use, in general or specific terms, indicated by Member States, Union bodies or agencies, third countries or international organisations. or Interpol.

  Article 41 Relations with the European Public Prosecutor’s Office

[….] 36

Article 42 Relations with other Union bodies and agencies

• 1. 

  Eurojust shall establish and maintain cooperative relations with the European Judicial Training Network.

• 2. 

  OLAF may shall contribute to Eurojust's coordination work regarding the protection of the financial interests of the Union, in accordance with its mandate under Regulation (EU, Euratom) of the European Parliament and of the Council No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999.

36 Article 41 shall not form part of the Partial General Approach

• 3. 

  For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 8, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EU, Euratom) of the European Parliament and of the Council No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 and Council Regulation (Euratom)

No 1074/1999 37 . The exchange of information between OLAF and national members shall

be without prejudice to the information which must be given to other competent authorities under those Regulations.

SECTION III INTERNATIONAL COOPERATION

Article 43 Relations with Union bodies, the authorities of third countries and international organisations

1. Eurojust may establish The working arrangements referred to in Article 38(2a) with the entities referred to in Article 38(1)may include the secondment of liaison magistrates to Eurojust.

2. Eurojust may designate, in agreement with the competent authorities concerned, contact points in third countries in order to facilitate cooperation in line with Eurojust's operational needs.

37 OJ L 136, 31.5.1999, p. 8.

Article 46 43a Liaison magistrates posted to third countries

• 1. 

  For the purpose of facilitating judicial cooperation with third countries in cases in which Eurojust is providing assistance in accordance with this Regulation, the College may post liaison magistrates to a third country subject to a working arrangement as referred to in Article 43 38(2a) with that third country.

1(a) The tasks of the liaison magistrates shall include any activity designed to encourage and accelerate all forms of judicial cooperation in criminal matters, in particular by establishing direct links with the competent authorities of the host State. The liaison magistrate may exchange operational personal data with the competent authorities of the State concerned in the performance of their tasks in accordance with Article 45.

• 2. 

  The liaison magistrate referred to in paragraph 1 is required to have experience of working with Eurojust and adequate knowledge of judicial cooperation and how Eurojust operates. The posting of a liaison magistrate on behalf of Eurojust shall be subject to the prior consent of the magistrate and of his or her Member State.

• 3. 

  Where the liaison magistrate posted by Eurojust is selected among national members, deputies or assistants:

  • a) 

    he or she shall be replaced in his or her function as a national member, deputy or Assistant, by the Member State;

  • b) 

    he or she ceases to be entitled to exercise the powers granted to him or her in accordance with Article 8.

• 4. 

  Without prejudice to Article 110 of the Staff Regulations, the College shall draw up rules the terms and conditions of on the posting of liaison magistrates, including the level of renumeration and adopt the necessary implementing arrangements in this respect in consultation with the Commission.

• 5. 

  The activities of liaison magistrates posted by Eurojust shall be the subject of to the supervision by of the [European Data Protection Supervisor][JSB]. The liaison magistrates shall report to the College, which shall inform the European Parliament and the Council in the annual report and in an appropriate manner of their activities. The liaison magistrates shall inform national members and national competent authorities of all cases concerning their Member State.

• 6. 

  Competent authorities of the Member States and liaison magistrates referred to in paragraph 1 may contact each other directly. In such cases, the liaison magistrate shall inform the national member concerned of such contacts.

• 7. 

  The liaison magistrates referred to in paragraph 1 shall be connected to the Case Management System.

  Article 47 43b Requests for judicial cooperation to and from third Countries

• 1. 

  Eurojust shall may, with the agreement of the Member States concerned, coordinate the execution of requests for judicial cooperation issued by a third country where these requests are part of the same investigation and require execution in at least two Member States as part of the same investigation. Such requests may also be transmitted to Eurojust by a competent national authority.

• 2. 

  In case of urgency and in accordance with Article 19, the On-Call Coordination (OCC) may receive and process transmit requests referred to in paragraph 1 of this Article and issued by a third country which has concluded a cooperation agreement or working arrangement with Eurojust

• 3. 

  Without prejudice to Article 3(43), where requests for judicial cooperation, which relate to the same investigation and require execution in a third country, are made by a Member State concerned, Eurojust shall facilitate judicial cooperation with that third country.

  SECTION IV TRANSFERS OF PERSONAL DATA

  Article 44 Transfer of operational personal data to Union bodies or agencies

Subject to any possible restrictions pursuant to Article 21(8) and Article 62 and subject to Article 38(4), Eurojust may directly transfer personal data to Union bodies or agencies in so far as it is necessary for the performance of its tasks or those of the recipient Union body or

agency.

Article 45 Transfer of operational personal data to third countries and international organisations

• 1. 

  Subject to any restrictions stipulated in Article 62 and subject to Article 38(4), Eurojust may transfer personal data to an authority of a third country or to an international organisation or Interpol, in so far as this is necessary for it to perform its tasks, only on the basis of:

  • a) 

    decision of the Commission adopted in accordance with Articles 25 and 31 of Directive 95/46/EC of the European Parliament and of the Council Article 34 of Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution

  of criminal penalties, and the free movement of such data 38 that that the third country or

  a territory, or a processing sector within that third country or the international organisation in question ensures an adequate level of protection (adequacy decision); or

  • b) 

    an international agreement concluded between the Union and that third country or international organisation pursuant to Article 218 of the Treaty adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals; or

  • c) 

    a cooperation agreement concluded between Eurojust and that third country or international organisation in accordance with Article 27 of Decision 2002/187/JHA.

  Such transfers do not require further authorisation. Eurojust may conclude The working arrangements referred to in Article 38(2a) may be used to set out the modalities to implement such agreements or adequacy decisions.

38 This Draft Directive is part of the data protection package doc 5833/12 and 11624/1/13 Rev 1

which is likely to be adopted before the Eurojust Regulation. If not, references will be made to the either the relevant provisions of the existing Directive. (Articles 25 and 31 of 95/46/EC) or a generic reference made to Union legislation as appropriate.

1(a) Eurojust shall publish and keep up to date a list of adequacy decisions, agreements, administrative arrangements and other instruments relating to the transfer of operational personal data in accordance with paragraph 1.

• 2. 

  By way of derogation from Subject to any restrictions stipulated in Article 62 and subject to Article 38(4), Eurojust may, in addition to paragraph 1, authorise the transfer of operational personal data to third countries or international organisations or Interpol on a case-by-case basis if:

  • a) 

    the transfer of data is absolutely necessary to safeguard the essential interests of one or more Member States within the scope of Eurojust's objectives tasks;

  • b) 

    the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences;

  • c) 

    the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; or

  • d) 

    the transfer is necessary to protect the vital interests of the data subject or another person.

• 3. 

  Subject to any restrictions stipulated in Article 62 and subject to Article 38(4), Moreover the College may, in agreement with the European Data Protection Supervisor, authorise a set of transfers in conformity with points a) to d) above, taking into account the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, for a period not exceeding one year, renewable.

• 4. 

  The European Data Protection Supervisor shall be informed of cases where paragraph 23 was applied.

• 5. 

  Eurojust may transfer administrative personal data in accordance with Article 9 of Regulation (EC) No 45/2001.

Articles 46 and 47

[…] 39

CHAPTER VI

FINANCIAL PROVISIONS

Article 48

Budget

• 1. 

  Estimates of all the revenue and expenditure of Eurojust shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in Eurojust's budget.

• 2. 

  Eurojust's budget shall be balanced in terms of revenue and of expenditure.

• 3. 

  Without prejudice to other resources, Eurojust's revenue shall comprise:

• a) 

  a contribution from the Union entered in the general budget of the European Union;

  • b) 

    any voluntary financial contribution from the Member States;

  • c) 

    charges for publications and any service provided by Eurojust;

  • d) 

    ad-hoc grants.

4. The expenditure of Eurojust shall include staff remuneration, administrative and infrastructure expenses, operating costs including funding for Joint Investigation Teams.

39 Moved to 43a and 43b

Article 49 Establishment of the budget

• 1. 

  Each year the Administrative Director shall draw up a draft statement of estimates of Eurojust's revenue and expenditure together, for the following financial year, including the establishment plan, and send it to the College Executive Board. [The European Public Prosecutor's Office,] the European Judicial Network and other networks referred to in Article 39 shall be informed on the parts related to their activities in due time before forwarding the estimate to the Commission.

• 2. 

  The Executive Board College shall, on the basis of that draft, produce prepare a provisional draft estimate of Eurojust's revenue and expenditure for the following financial year which shall be forwarded to the College for adoption.

• 3. 

  The provisional draft estimate of Eurojust's revenue and expenditure shall be sent to the European Commission by no later than 31 January each year. Eurojust The College shall send a final draft estimate, which shall include a draft establishment plan, to the Commission by 31 March.

• 4. 

  The Commission shall send the statement of estimates to the European Parliament and the Council (the budgetary authority) together with the draft general budget of the European Union.

• 5. 

  On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the European Union the estimates it considers necessary for the establishment plan and the amount of the contribution to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 of the Treaty.

• 6. 

  The budgetary authority shall authorise the appropriations for the contribution from the European Union to Eurojust's contribution.

• 7. 

  The budgetary authority shall adopt Eurojust's establishment plan.

Eurojust's budget shall be adopted by the College. It shall become final following final adoption of the general budget of the European Union. Where necessary, it shall be adjusted by Eurojust/the Administrative Director the College accordingly.

• 9. 

  For any building project likely to have significant implications for the Eurojust's budget Article 88 of Regulation (EU) No 1271/2013 shall apply. Eurojust shall inform the European Parliament and the Council as early as possible in accordance with the provisions of Article 203 of Regulation (EU, EURATOM) No 966/2012.

• 10. 

  Except in cases of force majeure referred to in Article 203 of Regulation (EU, EURATOM) No 966/2012 the European Parliament and the Council shall deliberate upon the building project within four weeks of its receipt by both institutions.

  The building project shall be deemed approved at the expiry of this four-week period, unless the European Parliament or the Council take a decision contrary to the proposal within that period of time.

  If the European Parliament or the Council raise duly justified concerns within that four-week period, that period shall be extended once by two weeks.

  If the European Parliament or the Council take a decision contrary to the building project, Eurojust shall withdraw its proposal and may submit a new one.

• 11. 

  Eurojust may finance a budget acquisition project through a loan subject to prior approval of the budgetary authority in accordance with Article 203 of Regulation (EU, EURATOM) No 966/2012.

  Article 50 Implementation of the budget

The Administrative Director shall act as the authorising officer of Eurojust and shall implement

Eurojust's budget under his or her own responsibility and within the limits authorised in the budget.

Article 51 Presentation of accounts and discharge

• 1. 

  By 1 March following each financial year, Eurojust's Accounting Officer shall send the provisional accounts to the Commission's Accounting Officer and the Court of Auditors.

• 2. 

  Eurojust shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors, by 31 March of the following financial year.

• 3. 

  By 31 March following each financial year, the Commission's Accounting Officer shall send Eurojust's provisional accounts consolidated with the Commission’s accounts to the Court of Auditors.

• 4. 

  In accordance with Article 148(1) of Regulation (EU, EURATOM) No 966/2012, the Court of Auditors shall, by 1 June of the following year at the latest, make its observations on the provisional accounts of Eurojust.

• 5. 

  On receipt of the Court of Auditors' observations on Eurojust's provisional accounts pursuant to Article 148 of Regulation (EU, EURATOM) No 966/2012, the Administrative Director shall draw up Eurojust's final accounts under his or her own responsibility and submit them to the College/Executive Board for an opinion.

• 6. 

  The College/Executive Board shall deliver an opinion on Eurojust's final accounts.

• 7. 

  The Accounting Officer of Eurojust Administrative Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the College Executive Board's opinion.

• 8. 

  The final accounts of Eurojust shall be published in the Official Journal of the European Union by 15 November of the year following the respective financial year.

• 9. 

  The Administrative Director shall send the Court of Auditors a reply to its observations by

  this reply to the College Executive Board and to the Commission.

• 10. 

  The Administrative Director shall report to the European Parliament on the performance of his/her duties when invited to do so. The Council may invite the Administrative Director to

  report on the performance of his/her duties. 40

• 11. 

  The Administrative Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question in accordance with Article 165(3) of Regulation (EU, EURATOM) N° 966/2012.

• 12. 

  On a recommendation from the Council acting by a qualified majority, the European Parliament, shall, before 15 May of year N + 2, give a discharge to the Administrative Director in respect of the implementation of the budget for year N.

  Article 52 Financial Rules

• 1. 

  The financial rules applicable to Eurojust shall be adopted by the Executive Board/College in accordance with Commission delegated [Regulation 2343/2002 No. 1271/2013 of 23 December 2002 30 September 2013 on the framework financial regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities 208 of Regulation 966/2012 and [after consultation with the Commission]. They shall not depart from [Regulation No. 2343/2002 1271/2013 unless such departure is specifically required for Eurojust's operation and the Commission has given its prior consent.

40 The second sentence of 55(10) has been moved to 18(5).

2. Eurojust may award grants related to the fulfillment of its tasks referred to under Article 4(1). Grants provided for tasks under 4(1)(e) may be awarded without a call for proposals to the Member States.

3. 41 In respect of the financial support to joint investigation teams activities, Eurojust shall

establish in cooperation with Europol the rules and conditions upon which the

applications shall be processed. 4243

CHAPTER VII

STAFF PROVISIONS

Article 53 General provisions

• 1. 

  The Staff Regulations of the European Union and the Conditions of Employment of Other Servants of the European Union and the rules adopted by agreement between the institutions of the European Union for giving effect to those Staff Regulations and those Conditions of Employment of Other Servants shall apply to the staff of Eurojust.

2. Eurojust staff shall consist of staff recruited according to the rules and regulations applicable to officials and other servants of the European communities, taking into account all the criteria referred to in Article 27 of the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68, including their geographical distribution. They shall have the status of permanent staff, temporary staff or local staff.

41 Cion and DE reservation on 52(3).

42 This provision should be mirrored in the Europol Regulation

43 Recital Eurojust and Europol should ensure that necessary arrangements are established

to optimise their operational cooperation, taking due account of their respective missions and mandates and of the interests of Member States. In particular, Europol and Eurojust should keep each other informed of any activity involving the financing of Joint Investigation Teams.

Article 54 Seconded national experts and other staff

• 1. 

  Eurojust may make use, in addition to its own staff, of seconded national experts or other staff not employed by Eurojust.

2. The College shall adopt a decision laying down rules on the secondment of national experts to Eurojust.

CHAPTER VIII

EVALUATION AND REPORTING

Article 55 Involvement of the European Parliament Institutions and national Parliaments

• 1. 

  Eurojust shall transmit its Annual Report to the European Parliament, the Council and national Parliaments, which may present observations and conclusions.

• 2. 

  The President of the College shall appear before the European Parliament or the Council, at their request, to discuss matters relating to Eurojust, and in particular to present its Annual Reports, taking into account the obligations of discretion and confidentiality. Discussions shall not refer directly or indirectly to concrete actions in relation with specific operational cases.

• 3. 

  In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament and to national Parliaments in the respective official languages for information:

  • a) 

    the results of studies and strategic projects elaborated or commissioned by Eurojust;

  • b) 

    working arrangements concluded with third parties; c) the annual report of the European Data Protection Supervisor.

• 4. 

  Eurojust shall transmit its Annual Report to the national Parliaments. Eurojust shall also transmit to the national Parliaments the documents referred to in paragraph 3.

  Article 56 Evaluation and review

• 1. 

  By [5 years after the entry into force of this Regulation] at the latest, and every 5 years thereafter, the Commission shall commission an evaluation of the implementation and impact of this Regulation, as well as the effectiveness and efficiency of Eurojust and its working practices. The evaluation shall, in particular, address the possible need to modify the mandate of Eurojust, and the financial implications of any such modification. The evaluation report shall be forwarded to the College for its observations. The College shall be involved in the evaluation.

• 2. 

  The Commission shall forward the evaluation report together with its conclusions to the European Parliament and national Parliaments, the Council and the College. The findings of the evaluation shall be made public.

• 3. 

  On the occasion of every second evaluation, the Commission shall also assess the results achieved by Eurojust having regard to its objectives, mandate and tasks.

CHAPTER IX

GENERAL AND FINAL PROVISIONS

Article 57 Privileges and Immunities

The Protocol on the Privileges and Immunities of the European Union shall apply to Eurojust and its staff.

Article 58

Language arrangements

• 1. 

  Regulation No 1 44 shall apply to Eurojust.

1(a) The College shall decide by a two-thirds majority of its members on the internal language arrangements of Eurojust.

• 2. 

  The translation services required for the functioning of Eurojust shall be provided by the Translation Centre of the bodies of the European Union unless the urgency of the matter

  requires another solution. 45

  Article 59 Confidentiality

[…] 46

44 OJ L 17, 6.10.1958, p.385 .

45 Commission reservation on the additional text on Article 58(2).

46 Article 59 will not form part of the partial general approach.

Article 60 47

Transparency

• 1. 

  Regulation (EC) No 1049/2001 shall apply to documents which relate to Eurojust's

  administrative tasks. 48

2. The College Executive Board shall, within six months of the date of its first meeting, adopt prepare the detailed rules for applying Regulation (EC) No 1049/2001 for adoption by the College.

• 3. 

  Decisions taken by Eurojust under Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the

  European Union, under the conditions laid down in Articles 228 and 263 of the Treaty respectively.

  Article 61 OLAF and the European Court of Auditors

• 1. 

  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999 883/2013, within six months from the entry into force of this Regulation, Eurojust it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of staff national members, their deputies and Assistants, seconded national experts and Eurojust staff using the template set out in the Annex to that Agreement.

47 NL, SE, FI, MT and SI reservation.

48 [recital 32a] Regulation (EC) No 1049/2001 of the European Parliament and of the Council

of 30 May 2001 regarding public access to European Parliament, Council and Commission documents should apply to documents which relate to Eurojust's administrative tasks. Documents which relate to operational tasks should be excluded because of the inherent risk that the disclosure of the documents undermines ongoing investigations and court proceedings of Member States' judicial authorities.

• 2. 

  The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Eurojust.

• 3. 

  OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 883/2013

  and Council Regulation (Euratom, EC) No 2185/96 49 with a view to establishing whether

  there have been any irregularities affecting the financial interests of the Union in connection with expenditure funded by Eurojust.

• 4. 

  Without prejudice to paragraphs 1, 2 and 3, working arrangements with third countries, international organisations and Interpol, contracts, grant agreements and grant decisions of Eurojust shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

  Article 62 Security Rrules on the protection of sensitive non-classified and of classified information

[…] 50

49 OJ L 292, 15.11.1996, p. 2.

50 Article 62 will not be included in the partial general approach

Article 63 Administrative inquiries

The administrative activities of Eurojust shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 of the Treaty.

Article 64 Liability other than liability for unauthorised or incorrect processing of data

• 1. 

  Eurojust's contractual liability shall be governed by the law applicable to the contract in question.

• 2. 

  The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by Eurojust.

• 3. 

  In the case of non-contractual liability, Eurojust shall, in accordance with the general principles common to the laws of the Member States and independently of any liability under Article 37, make good any damage caused by the College or the staff of Eurojust in the performance of their duties.

• 4. 

  Paragraph 3 shall also apply to damage caused through the fault of a national member, a deputy or an Assistant in the performance of their duties. However, when he or she is acting on the basis of the powers granted to him or her pursuant to Article 8, his or her Member State of origin shall reimburse Eurojust the sums which Eurojust has paid to make good such damage.

• 5. 

  The Court of Justice of the European Union shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.

• 6. 

  The national courts of the Member States competent to deal with disputes involving Eurojust's liability as referred to in this Article shall be determined by reference to Council

  Regulation (EC) No 44/2001 51 .

• 7. 

  The personal liability of its staff towards Eurojust shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.

  Article 65 Headquarters Agreement and operating conditions

• 1. 

  The seat of Eurojust shall be The Hague, The Netherlands.

• 2. 

  The necessary arrangements concerning the accommodation to be provided for Eurojust in the Netherlands and the facilities to be made available by the Netherlands together with the specific rules applicable in the Netherlands to the Administrative Director, members of the College, Eurojust staff and members of their families shall be laid down in a Headquarters Agreement between Eurojust and the Netherlands concluded once the College’s approval is obtained.

• 3. 

  The Netherlands shall provide the best possible conditions to ensure the functioning of Eurojust, including multilingual, European-oriented schooling and appropriate transport connections.

  Article 66 Transitional arrangements

• 1. 

  Eurojust shall be the general legal successor in respect of all contracts concluded by, liabilities incumbent on, and properties acquired by Eurojust as established by Council Decision 2002/187/JHA.

51 OJ L 12, 16.1.2001, p. 1. Regulation (EC) No 44/2001 is replaced by Regulation (EU) No

1215/2012 from 10 January 2015

• 2. 

  The national members of Eurojust who were seconded by each Member State under Decision 2002/187/JHA shall take the role of national members of Eurojust under Section II of this Regulation. The term of their office may be extended once under Article 10(2) of this Regulation after the entry into force of this Regulation, irrespective of a previous extension.

• 3. 

  The President and Vice-Presidents of Eurojust at the time of the entry into force of this Regulation shall take the role of the President and Vice-Presidents of Eurojust under Article 11, until their term in accordance with Decision 2002/187/JHA expires. They may be reelected once after the entry into force of this Regulation under Article 11(3) of this Regulation, irrespective of a previous re-election.

• 4. 

  The Administrative Director who was lastly appointed under Article 29 of Decision 2002/187/JHA shall take the role of the Administrative Director under Article 17 until his or her term as decided under Decision 2002/187/JHA expires.. The term of the Administrative Director may be extended once after the entry into force of this Regulation.

• 5. 

  This Regulation shall not affect the legal force of agreements concluded by Eurojust as established by Decision 2002/187/JHA. In particular, all international agreements concluded by Eurojust which have entered into force before the entry into force of this Regulation shall remain legally valid.

6. The discharge procedure in respect of the budgets approved on the basis of Article 35 of Decision 2002/187/JHA shall be carried out in accordance with the rules established by Article 36 of Decision 2002/187/JHA.

7. The Regulation shall not affect labour contracts which have been concluded in accordance with Article 31 prior to the entry into force of this Regulation.

Article 67 52 Repeal Replacement 53

• 1. 

  This Regulation replaces and repeals Decisions 2002/187/JHA, 2003/659/JHA and 2009/426/JHA are hereby replaced for the Member States bound by this Regulation with effect from …..[date of application of this Regulation].

• 2. 

  For the Member States bound by this Regulation, rReferences to the repealed Council Decisions referred to in paragraph 1 shall be construed as references to this Regulation.

  Article 68 Entry into force

• 1. 

  This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

3. It shall apply from XXX.

Done at Brussels,

For the European Parliament For the Council

The President The President

52 CION reservation on Article 67

53 The corresponding recitals will have to be added to reflect this change.

ANNEX 1

List of forms of serious crime which Eurojust is competent to deal with in accordance with

Article 3(1):

– terrorism,

– organised crime,

– drug trafficking,

– money-laundering activities,

– crime connected with nuclear and radioactive substances,

– illegal immigrant smuggling,

– trafficking in human beings,

– motor vehicle crime,

– murder, grievous bodily injury,

– illicit trade in human organs and tissue,

– kidnapping, illegal restraint and hostage taking,

– racism and xenophobia,

– organised robbery and aggravated theft,

– illicit trafficking in cultural goods, including antiquities and works of art,

– swindling and fraud,

– crime against the financial interests of the Union,

– insider dealing and financial market manipulation,

– racketeering and extortion,

– counterfeiting and product piracy,

– forgery of administrative documents and trafficking therein,

– forgery of money and means of payment,

– computer crime,

– corruption,

– illicit trafficking in arms, ammunition and explosives,

– illicit trafficking in endangered animal species,

– illicit trafficking in endangered plant species and varieties,

– environmental crime, including ship source pollution,

– illicit trafficking in hormonal substances and other growth promoters,

– sexual abuse and sexual exploitation including child pornography and solicitation of children for sexual purposes,

– genocide, crimes against humanity and war crimes.

– unlawful seizure of aircraft/ships

ANNEX 2

Categories of personal data referred to in Article 27

[…] 54

________________

54 This text will be outside the Partial General Approach as it relates to Data Protection.