# EUR-Lex - 52013PC0535 - EN

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# 52013PC0535

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Criminal Justice Cooperation (Eurojust) /* COM/2013/0535 final - 2013/0256 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Eurojust was
set up by Council Decision 2002/187/JHA[1]
to reinforce the fight against serious organised crime in the European Union.
Ever since, Eurojust has facilitated coordination and cooperation between
national investigative and prosecutorial authorities in dealing with cases
affecting various Member States. It has helped to build mutual trust and to
bridge the EU's wide variety of legal systems and traditions. By rapidly
solving legal problems, and identifying competent authorities in other
countries, Eurojust has facilitated the execution of requests for cooperation
and mutual recognition instruments. These years have witnessed the continued
growth of the organisation into what is now a central player in judicial
cooperation in criminal matters.

The fight against organised crime and the
disruption of criminal organisations remain a daily challenge. Regretfully, the
past decade has seen an explosion of cross-border crime. Drug trafficking,
trafficking in human beings, terrorism and cybercrime, including child
pornography are some examples. A common feature of all these areas of crime is
that they are committed across borders by highly mobile and flexible groups
operating in multiple jurisdictions and criminal sectors. Combatting them
effectively therefore requires a coordinated pan-european response.

The increased cross-border dimension of
crime as well as its diversification into multi-crime activities make it more
difficult for single Member States to detect and tackle cross-border crime, and
in particular organised crime. In this context, Eurojust's role in improving
judicial cooperation and coordination between competent judicial authorities of
Member States and assisting investigations involving third countries remains
crucial.

Under the Lisbon Treaty, new possibilities
to enhance Eurojust's efficiency in tackling these forms of criminality have
been introduced. Article 85 of the Treaty on the Functioning of the EU (TFEU) explicitly
recognises Eurojust's mission of supporting and strenghtening 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. It is therefore important to ensure that the best
possible use is made of Eurojust and that obstacles to its efficient
functioning are removed.[2]

In 2008 a wide reform of the Eurojust
Decision was put into place in order to strengthen Eurojust.[3] The transposition deadline was
4 June 2011. The correct implementation of the Decision as amended is
important, but should not prevent progress in addressing new challenges and
improving Eurojust's functioning whilst maintaining those aspects that
strengthened its operational effectiveness.

Article 85 TFEU also provides for
Eurojust's structure, operation, field of action and tasks to be determined by
regulations adopted in accordance with the ordinary legislative procedure. It
also requires that they determine arrangements for involving the European
Parliament and national Parliaments in the evaluation of Eurojust's activities.

In addition, following the Commission
Communication "European agencies: the way forward"[4], the European Parliament, the
Council and the Commission agreed to launch an inter-institutional dialogue in
order to improve the coherence, effectiveness and work of decentralised
agencies, leading to the creation of an Inter-Institutional Working Group
(IIWG) in March 2009. It addressed a number of key issues, including the role
and position of the agencies in the EU's institutional landscape, their
creation, structure and operation, funding, budgetary, supervision and
management issues.

This work led to the Common Approach on EU
decentralised agencies, endorsed by the European Parliament, the Council and
the Commission in July 2012, which is destined to be taken into account in the
context of all their future decisions concerning EU decentralised agencies,
following a case by case analysis.

This proposal for a Regulation takes all
these elements into consideration and provides a single and renovated legal
framework for a new Agency for Criminal Justice Cooperation (Eurojust) which is
the legal successor of Eurojust as established by Council Decision
2002/187/JHA.

Whilst maintaining those elements that have
proved efficient in the management and operation of Eurojust, the Regulation
modernises its legal framework and streamlines its functioning and structure in
line with the Lisbon Treaty and the requirements of the Common Approach, as far
as its nature allows.

Since the proposal for this Regulation is
adopted at the same time as the proposal for a Regulation establishing the
European Public Prosecutor's Office, provisions have been included to ensure
that this Office is set up from Eurojust as required under Article 86 TFEU, and
that Eurojust can support it.

2.           RESULTS OF CONSULTATIONS WITH INTERESTED
PARTIES

In order to prepare this Regulation, the
Commission has consulted specialist stakeholders on a number of occasions. The
objective of the proposal is, largely, to use the opportunity offered by the
Lisbon Treaty to modernise Eurojust by giving it an improved management
structure that reduces the administrative burden currently placed on the
College and allows it to focus on its core mission.

On 18 October 2012 the Commission organised
a consultative meeting with Member State experts, representatives of the
Council Secretariat, the European Parliament and Eurojust to discuss issues
related to a possible reform under Article 85 TFUE. The issues included
strengthened governance, parliamentary involvement at European and national
level and possible additional powers, as well as links with the development of
the European Public Prosecutor's Office (EPPO). The meeting generally supported
improving Eurojust's governance structure and efficiency.

Eurojust has also participated directly in
the consultation process and provided its input through contributions and
meetings with the Commission. In addition, discussions on the reform have taken
place in the framework of different Seminars such as the Strategic Seminar
"Eurojust and the Lisbon Treaty. Towards more effective action"
(Bruges 20-22 September 2010) and the Eurojust-ERA Conference “10 Years of
Eurojust: Operational Achievements and Future Challenges”, which took place in
The Hague on 12 and 13 November 2012. In addition, Eurojust's future was
discussed at the special informal meeting of the Council at the occasion of
Eurojust's tenth anniversary, in February 2012.

The views of
stakeholders were also collected through the "Study
on the strengthening of Eurojust"[5],
ordered by the Commission, which provided a good overview of the existing
issues and presented several policy alternatives to address these.

3.           PROPOSAL

3.1.        The legal basis

Article 85 TFEU provides the legal basis
for the proposal. It prescribes the use of a Regulation.

3.2.        Subsidiarity and
proportionality

There is a need for EU action because the measures
foreseen have an intrinsic EU dimension, as they imply the creation of an
entity whose mission is to support and strengthen coordination and cooperation
between national judicial authorities in relation to serious crime affecting
two or more Member States or requiring a prosecution on common bases. This
objective can only be achieved at Union level, in accordance with the
subsidiarity principle.

In accordance with the principle of
proportionality, this Regulation does not go beyond what is necessary in order
to achieve this objective.

3.3.        Explanation of the proposal
by chapters

The main objectives of the proposals are:

· 
to increase Eurojust's efficiency through
providing it with a new governance structure;

· 
to improve Eurojust's operational effectiveness
through homogeneously defining the status and powers of National Members;

· 
to provide for a role for the European
Parliament and national Parliaments in the evaluation of Eurojust's activities
in line with the Lisbon Treaty;

· 
to bring Eurojust's legal framework in line with
the Common Approach, whilst fully respecting its special role regarding the
coordination of on-going criminal investigations;

· 
to ensure that Eurojust can cooperate closely
with the European Public Prosecutor's Office, once this is established.

3.3.1.     Chapter I Objectives and
tasks

This chapter regulates the setting up of the
European Union Agency for Criminal Justice Cooperation (Eurojust) as the legal
successor of Eurojust as established by Council Decision 2002/187/JHA. It also
defines its tasks and competence. The latter is autonomously defined in the
draft Regulation by means of an Annex.

3.3.2.     Chapter II: Structure and
organisation of Eurojust

This chapter contains some of the main
elements of the reform.

Section II is devoted to Eurojust's national
members. The reform maintains their link to their Member State of origin but at
the same time explicitly lists the operational powers they shall all have. This
will allow them to cooperate with each other and with national authorities in a
more effective way.

Sections III, IV and V set up the new structure
of Eurojust by respectively regulating the College, the Executive Board and the
Administrative Director. Eurojust's governance is improved by clearly
distinguishing between two compositions of the College, depending on whether it
exercises operational or management functions. The former refer to the core
business of Eurojust in supporting and coordinating national investigations.
The latter are related for example to the adoption of the agency's work
programme, annual budget or the Annual report. A new organ, the Executive
Board, is set up to prepare the College's management decisions and to directly
assume some administrative tasks. The Commission is represented in the College
when it exercises its management functions and in the Executive Board. Finally,
the appointment procedure, responsibilities and tasks of the Administrative
Director are clearly spelled out.

This introduces a double degree of
governance as foreseen in the Common Approach whilst maintaining Eurojust's
special nature and safeguarding its independence. It is also cost- effective,
and contributes to Eurojust's efficiency, as national members will be assisted
in budgetary and administrative matters, which will allow them to focus on
their operational tasks.

3.3.3.     Chapter III: Operational
matters

This chapter maintains existing mechanisms
for the operational effectiveness of Eurojust, including the On-call
Coordination (OCC), the Eurojust National Coordination System (ENCS), the
exchanges of information and follow-up to Eurojust's requests. The architecture
of the Eurojust Case Management System remains the same.

3.3.4.     Chapter IV: Processing of
Information

This chapter contains a reference to
Regulation 45/2001[6]
as the applicable regime for the processing of all personal data at Eurojust. In
addition, the Regulation particularises and complements Regulation 45/2001 as
far as operational personal data are concerned, respecting the specificity of
judicial cooperation activities while taking into account the need for
consistency and compatibility with the relevant data protection principles. Restrictions
on the processing of personal data continue to be possible.

The chapter also aligns the provisions on
the rights of the data subjects with Regulation 45/2001 and takes into account
the standards of protection foreseen in the data protection reform package,
adopted by the Commission in January 2012. Furthermore, the chapter foresees an
important change in the supervision mechanism. It establishes the
responsibilities of the European Data Protection Supervisor (EDPS) as regards
the monitoring of all personal data processing at Eurojust. The EDPS will take
over the tasks of the Joint Supervisory Body established under the Eurojust
Council Decision.

3.3.5.     Chapter V: Relations with
partners

This chapter reflects the importance of
partnership and cooperation between Eurojust and other EU institutions, bodies
and agencies in the fight against crime. This includes firstly the relations
with the Secretariats of the European Judicial Network, the Joint Investigation
Teams Expert Network and the Genocide Network, which are hosted by Eurojust. It
also includes a specific provision on relations with the European Public
Prosecutor's Office.

Secondly, cooperation with Europol is
particularly important, especially as regards its role in supplying information
to Eurojust in line with Article 85 TFEU. A specific provision has been
introduced to spell out the privileged relationship between the two agencies in
order to increase their effectiveness in combating serious forms of
international crime within their competence. This includes a mechanism for
cross-checking of their respective information systems and the ensuing exchange
of data. Practical details will be settled by means of an agreement.

Links with third countries are very
frequently detected in serious and organised crime cases, which makes close
cooperation with such countries crucial. The Lisbon Treaty has changed the way
in which the European Union conducts its external relations, and these changes
also affect the agencies. As a consequence, agencies will no longer be able to
negotiate international agreements themselves – such agreements will have to be
established in accordance with Article 218 TFEU. However, Eurojust will be able
to conclude working arrangements to enhance cooperation with competent
authorities of third countries, including by exchanging information. The
validity of pre-existing international agreements is maintained.

3.3.6.     Chapter VI Financial
provisions

These provisions aim to modernise Eurojust's
budget, its establishment and implementation, presentation of accounts and
discharge provisions.

3.3.7.     Chapter VII Staff
provisions

These provisions reflect the principles of
the Common Approach while respecting Eurojust's specificities. Eurojust's
hybrid nature and the importance of the operational link between national desks
and their Member States of origin explain that salaries and emoluments of such
staff are borne by the Member States. Eurojust's Administrative Director is
still appointed by the College of Eurojust but on the basis of a shortlist
drawn up by the Commission, following an open and transparent selection
procedure. This respects the autonomy of the agency whilst guaranteeing a
rigorous evaluation of candidates. A similar procedure is foreseen for
dismissal of the Administrative Director.

3.3.8.     Chapter VIII Evaluation and
Reporting

This chapter aligns Eurojust's legal
framework with the increased democratic legitimacy of Eurojust required by the
Lisbon Treaty. It spells out the involvement of the European Parliament and
national parliaments in the evaluation of Eurojust's activities. This is done
in a cost-effective way, on the basis of Eurojust's Annual Report, whilst
preserving Eurojust's operational independence. A periodic overall evaluation
of Eurojust in line with the Common Approach is also provided.

3.3.9.     Chapter IX General and
final provisions

This chapter contains provisions to align the
Eurojust Regulation with the Common Approach, as well as those related to the
entry into force of the Regulation.

4.           BUDGETARY IMPLICATION

There
are no cost implications of the governance reform ("management board"
back to back with the College) and there are no new tasks foreseen for Eurojust
in this proposal, other than supporting the European Public Prosecutor's Office,
which will be done on a zero cost basis.

2013/0256 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on the European Union Agency for Criminal
Justice Cooperation (Eurojust)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 85 thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

After consulting the European Data
Protection Supervisor,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Eurojust was set up by
Council Decision 2002/187/JHA[7]
as a body of the European Union with legal personality to stimulate and to
improve coordination and cooperation between competent judicial authorities of
the Member States, particularly in relation to serious organised crime. Council
Decision 2003/659/JHA[8]
and Council Decision 2009/426/JHA[9]
on the strengthening of Eurojust amended Eurojust's legal framework.

(2)       Article 85 of the Treaty
provides for Eurojust to be governed by a regulation, adopted in accordance
with the ordinary legislative procedure. It also requires determining
arrangements for involving the European Parliament and national Parliaments in
the evaluation of Eurojust's activities.

(3)       Article 85 of the Treaty also
provides that Eurojust's mission shall be to 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, on the basis of operations conducted
and information supplied by the Member States' authorities and by Europol.

(4)       Since the European Public
Prosecutor's Office should be established from Eurojust, this Regulation
includes the provisions necessary to regulate the relations between Eurojust
and the European Public Prosecutor's Office.

(5)       Whilst the European Public
Prosecutor's Office should have exclusive competence to investigate and
prosecute crimes affecting the Union's financial interests, Eurojust should be
able to support national authorities when they are investigating and prosecuting
these forms of crime in accordance with the Regulation establishing the
European Public Prosecutor's Office.

(6)       In order for Eurojust to
fulfil its mission and develop all its potential in the fight against serious
cross-border crime, its operational functions should be strengthened by
reducing the administrative workload of national members, and its European
dimension enhanced through the Commission's participation in the management of
the agency and the increased involvement of the European Parliament and
national Parliaments in the evaluation of its activities.

(7)       Therefore, Council Decision
2002/187/JHA should be repealed and replaced by this Regulation determining
arrangements for parliamentary involvement, modernising its structure and
simplifying Eurojust's current legal framework, whilst maintaining those
elements that have proven to be efficient in its operation.

(8)       This Regulation respects
the fundamental rights and observes the principles recognised in particular by
the Charter of Fundamental Rights of the European Union.

(9)       The forms of serious crime
affecting two or more Member States for which Eurojust is competent should be
laid down. In addition, cases which do not involve two or more Member States,
but which require a prosecution on common bases, should be defined. Such cases
should include investigations and prosecutions affecting only one Member State
and a third State, as well as cases affecting only one Member State and the
Union.

(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.

(11)     To ensure Eurojust can
appropriately support and coordinate cross-border investigations, it is
necessary that all national members have the same operational powers in order
to cooperate between themselves and with national authorities in a more
effective way. National members should be granted those powers that allow
Eurojust to appropriately achieve its mission. These powers should include accessing
relevant information in national public registers, issuing and executing mutual
assistance and recognition requests, directly contacting and exchanging information
with competent authorities, participating in joint investigation teams and, in
agreement with the competent national authority or in case of urgency, ordering
investigative measures and controlled deliveries.

(12)     It is necessary to provide
Eurojust with an administrative and management structure that allows it to
perform its tasks more effectively and respects the principles applicable to
Union agencies whilst maintaining Eurojust's special characteristics and
safeguarding its independence in the exercise of its operational functions. To this
end, the functions of the national members, the College and the Administrative
Director should be clarified and an Executive Board established.

(13)     Provisions should be laid down
to clearly distinguish between the operational and the management functions of
the College, reducing the administrative burden on national members to the
minimum so that the focus is put on Eurojust's operational work. The management
tasks of the College should include in particular the adoption of Eurojust's
work programmes, budget, annual activity report, appropriate financial rules,
and working arrangements with partners. It should exercise the power of
appointing authority towards staff of the agency including the Administrative
Director.

(14)     To improve Eurojust's
governance and streamline procedures, an Executive Board should be established
to assist the College in its management functions and to allow for streamlined
decision-making on non-operational and strategic issues.

(15)     The Commission should be
represented in the College when it exercises its management functions and in
the Executive Board, to ensure non-operational supervision and strategic
guidance of Eurojust.

(16)     In order to ensure an
efficient day-to-day administration of Eurojust, the Administrative Director
should be its legal representative and manager, accountable to the College and
the Executive Board. The Administrative Director should prepare and implement
the decisions of the College and the Executive Board.

(17)     The setting up of an
On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust
available around the clock and to enable it to intervene in urgent cases. It
should be the responsibility of each Member State to ensure that their representatives
in the OCC are able to act on a 24-hour/7-day basis.

(18)     Eurojust national
coordination systems should be set up in the Member States to coordinate the
work carried out by the national correspondents for Eurojust, the national
correspondent for Eurojust for terrorism matters, the national correspondent
for the European Judicial Network and up to three other contact points, as well
as representatives in the Network for Joint Investigation Teams and of the
networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a
European network of contact points in respect of persons responsible for
genocide, crimes against humanity and war crimes[10], Council Decision 2007/845/JHA
of 6 December 2007 concerning cooperation between Asset Recovery Offices of the
Member States in the field of tracing and identification of proceeds from, or
other property related to crime[11]
and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point
network against corruption[12].

(19)     For the purposes of stimulating
and strengthening coordination and cooperation between national investigating
and prosecuting authorities it is crucial that Eurojust receives relevant
information from national authorities necessary for the performance of its
tasks. To this end, national competent authorities should inform their national
members of the setting up and results of joint investigation teams, of cases
under the competence of Eurojust directly involving at least three Member
States and for which requests or decisions on judicial cooperation have been
transmitted to at least two Member States, as well as, under certain
circumstances, information on conflicts of jurisdiction, controlled deliveries
and repeated difficulties in judicial cooperation.

(20)     Whilst the processing of
personal data at Eurojust falls under the scope of Regulation (EC) 45/2001 of
the European Parliament and of the Council of 18 December 2000 on the
protection of individuals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement of such data[13], the processing of personal
data by the Member State's authorities and the transfer of such data to
Eurojust are covered by the Council of Europe Convention 108 [to be replaced by
the relevant Directive in force at the moment of adoption].

(21)     When Eurojust transfers
personal data to an authority of a third country or to an international
organisation or Interpol by virtue of an international agreement concluded
pursuant to Article 218 of the Treaty the adequate safeguards adduced with
respect to the protection of privacy and fundamental rights and freedoms of
individuals have to ensure that the data protection provisions of this
Regulation are complied with.

(22)     Eurojust should be
authorised to process certain personal data on persons who, under the national
legislation of the Member States concerned, are suspected of having committed
or having taken part in a criminal offence in respect of which Eurojust is
competent, or who have been convicted of such an offence. It is not intended
that Eurojust carry out an automated comparison of DNA profiles or
fingerprints.

(23)     Eurojust should be given
the opportunity to extend the deadlines for storage of personal data, subject
to observance of the purpose limitation principle applicable to processing of
personal data in the context of all activities of Eurojust, in order to achieve
its objectives. Such decisions should be taken following careful consideration
of all interests at stake, including those of the data subjects. Any extension
of deadlines for processing personal data, where prosecution is statute barred
in all Member States concerned, should be decided only where there is a
specific need to provide assistance under this Regulation.

(24)     Eurojust should maintain
privileged relations with the European Judicial Network based on consultation
and complementarity. This Regulation should help clarify the respective roles
of Eurojust and the European Judicial Network and their mutual relations, while
maintaining the specificity of the European Judicial Network.

(25)     Eurojust should maintain
cooperative relations with other Union bodies and agencies, with the European
Public Prosecutor's Office, with the competent authorities of third countries
as well as with international organisations, to the extent required for the
accomplishment of its tasks.

(26)     To enhance operational
cooperation between Eurojust and Europol, and particularly to establish links
between data already in the possession of either body, Eurojust should enable
Europol to have access to and be able to search against data available at
Eurojust.

(27)     Eurojust should be able to
exchange personal data with other Union bodies to the extent necessary for the
accomplishment of its tasks.

(28)     Provision should be made
for Eurojust to post liaison magistrates to third countries in order to achieve
objectives similar to those assigned to liaison magistrates seconded by the
Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996
concerning a framework for the exchange of liaison magistrates to improve
judicial cooperation between the Member States of the European Union[14].

(29)     Provision should be made
for Eurojust to coordinate the execution of requests for judicial cooperation
issued by a third country when they relate to a single investigation and
require execution in at least two Member States.

(30)     To guarantee the full
autonomy and independence of Eurojust, it should be granted an autonomous
budget, with revenue coming essentially from a contribution from the budget of
the Union, except as regards the salaries and emoluments of the national
members and assisting persons, which are borne by their Member State of origin.
The Union budgetary procedure should be applicable as far as the Union contribution
and other subsidies chargeable to the general budget of the Union are
concerned. The auditing of accounts should be undertaken by the Court of
Auditors.

(31)     In order to increase the
transparency and democratic oversight of Eurojust it is necessary to provide
mechanisms for the involvement of the European Parliament and national
Parliaments in the evaluation of Eurojust's activities. This should not hinder
the principles of independence as regards action taken in specific operational
cases or the obligations of discretion and confidentiality.

(32)     It is appropriate to
evaluate regularly the application of this Regulation.

(33)     Regulation (EU, EURATOM) No
966/2012 on the financial rules applicable to the general budget of the Union
and repealing Council Regulation (EC, Euratom) No 1605/2002[15] should apply to Eurojust.

(34)     Regulation (EC) No
1073/1999 of the European Parliament and of the Council of 25 May 1999
concerning investigations conducted by the European Anti-Fraud Office (OLAF)[16] should apply to Eurojust.

(35)     The necessary provisions
regarding accommodation for Eurojust in the Member State in which it has its
headquarters, that is to say in the Netherlands, and the specific rules
applicable to all Eurojust’s staff and members of their families should be laid
down in a headquarters agreement. Furthermore, the host Member State should
provide the best possible conditions to ensure the proper functioning of Eurojust,
including schools for children and transport, so as to attract high-quality
human resources from as wide a geographical area as possible.

(36)     As Eurojust as set up by
this Regulation replaces and succeeds Eurojust as established on the basis of Decision
2002/187/JHA, it should be the legal successor of Eurojust with respect to all
its contractual obligations, including employment contracts, liabilities and
properties acquired. International agreements concluded by Eurojust as
established on the basis of that Decision should remain in force.

(37)     Since the objective of this
Regulation, namely the setting up of an entity responsible for supporting and
strengthening coordination and cooperation between judicial authorities of the
Member States in relation to serious crime affecting two or more Member States
or requiring a prosecution on common bases, cannot be sufficiently achieved by
the Member States and can, therefore, by reason of the scale and effects of the
action, be better achieved at Union level, the Union may adopt measures, in
accordance with the principle of subsidiarity, as set out in Article 5 of the
Treaty on European Union. In accordance with the principle of proportionality,
as set out in that Article, this Regulation does not go beyond what is
necessary in order to achieve that objective.

(38)     [In accordance with Article
3 of the Protocol (No 21) 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,
those Member States have notified their wish to take part in the adoption and
application of this Regulation.] OR [Without prejudice to Article 4 of the
Protocol (No 21) 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, the United
Kingdom and Ireland are not taking part in the adoption of this Regulation and are
not be bound by or subject to its application.]

(39)     In accordance with Articles
1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the
Treaty on European Union and to the Treaty on the Functioning of the European
Union, Denmark is not taking part in the adoption of this Regulation and is not
bound by it or subject to its application.

HAVE ADOPTED THIS REGULATION:

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 be the legal successor of Eurojust as established by Council Decision
2002/187/JHA.

3.           In each of the Member States,
Eurojust shall 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 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, 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 any 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.           Eurojust shall exercise its tasks
at the request of the competent authorities of the Member States or on its own
initiative.

Article 3
Competence of Eurojust

1.           Eurojust’s competence shall cover
the forms of crime listed in Annex 1. However, its competence shall not include
the crimes for which the European Public Prosecutor's Office is competent.

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;

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.           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.

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;

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 (b) of paragraph 2, Eurojust shall
issue a written opinion on the case. The 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 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 opinion shall be promptly
forwarded to the Member States concerned.

Article 5
Exercise of operational 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).

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.

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.

CHAPTER II
STRUCTURE AND ORGANISATION OF EUROJUST

Section I
Structure

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.

Section II
National Members

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 have
their regular place of work at Eurojust. 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.

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

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.

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.

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 or issue and execute them themselves;

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.

2.           In agreement with the competent
national authority the national members shall:

a)      order investigative measures;

b)      authorise and coordinate controlled
deliveries in the Member State in accordance with national legislation.

3.           In urgent cases when timely
agreement cannot be reached, the national members shall be competent to take
the measures referred to in paragraph 2, informing as soon as possible the
national competent 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.

Section III
The College

Article 10
Composition of the College

1.           The College shall be composed of:

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, 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.

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.

2.           The Vice-Presidents shall replace
the President if he or she is prevented from attending to his or her duties.

3.           The term of office of the
President and the Vice-Presidents shall be four years. They may be re-elected
once. When a national member is elected President or Vice-President of Eurojust,
his or her term of office as national member shall be extended to ensure he or
she can fulfil his or her function as President or Vice-President.

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.           The European Public Prosecutor shall
receive the agendas of all College meetings and shall be entitled to
participate in such meetings, without the right to vote, whenever issues are
discussed which he or she considers to be of relevance for the functioning of
the European Public Prosecutor's Office.

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 shall be entitled to exercise the right
to vote.

3.           The President and Vice-Presidents
shall have voting rights.

Article 14
Management functions of the
College

1.           The College exercising its
management functions shall:

a)      adopt each year Eurojust's programming
document by a majority of two thirds of its members and in accordance with
Article 15;

b)      adopt, by a majority of two thirds of
its members, the annual budget of Eurojust and exercise other functions in
respect of Eurojust's budget pursuant to Chapter VI;

c)      adopt a consolidated annual activity
report on Eurojust's activities and send it, by [date foreseen in FFR] of the
following year, to the European Parliament, national parliaments, the Council,
the Commission and the Court of Auditors, and make the consolidated annual activity
report public;

d)      adopt staff resource programming as
part of the programming document;

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

f)       adopt rules for the prevention and
management of conflicts of interest in respect of its members;

g)      in accordance with paragraph 2,
exercise, with respect to the staff of the Agency, the powers conferred by the
Staff Regulations[17]
on the Appointing Authority and by the Conditions of Employment of Other
Servants[18]
on the Authority Empowered to conclude Contracts of Employment ("the
appointing authority powers");

h)      appoint the Administrative Director and
where relevant extend his or her term of office or remove him or her from
office in accordance with Article 17;

i)       appoint an Accounting Officer and a
Data Protection Officer who shall be functionally independent in the
performance of their duties;

j)       adopt working arrangements concluded
in accordance with Article 43;

k)      elect the President and Vice-Presidents
in accordance with Article 11;

l)       adopt its rules of procedure.

2.           The College shall 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.           Where exceptional circumstances
so require, the College may temporarily decide to suspend the delegation of the
appointing authority powers to the Administrative Director and those
sub-delegated by the latter and exercise them itself or delegate them to one of
its members or to a staff member other than the Administrative Director.

4.           The College shall reach decisions
on appointment, extension of the term of office and removal from office of the
Administrative Director on the basis of a two-thirds majority of its members.

Article 15
Annual and multi-annual
programming

1.           By [30 November each year] the College
shall adopt a programming document containing multi-annual and annual
programming, based on a draft put forward by the Administrative Director, taking
into account the opinion of the Commission. It shall forward it to the European
Parliament, the Council and the Commission. The programming document 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.

3.           The College shall amend the
adopted annual work programme when a new task is given to the Agency. Any
substantial amendment to the annual work programme shall be adopted by the same
procedure as the initial annual work programme. The College may delegate to the
Administrative Director the power to make non-substantial amendments to the
annual work programme.

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.

Section IV
The Executive Board

Article 16
Functioning of the Executive
Board

1.           The College shall be assisted by
an Executive Board. The Executive Board shall not be involved in the
operational functions of Eurojust referred to in Articles 4 and 5.

2.           The Executive Board shall also:

a)      prepare 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;

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, 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.

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 other member of the College. 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 having
one vote. The Administrative Director shall take part in the meetings of the
Executive Board, but shall not have the right to vote.

5.           The term of office of 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 ends.

6.           The Executive Board shall hold at
least 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.           The European Public Prosecutor shall
receive the agendas of all Executive Board meetings and shall be free to
participate in such meetings, without the right to vote, whenever issues are
discussed which he or she considers to be of relevance for the functioning of
the European Public Prosecutor's Office.

8.           The European Public Prosecutor
may address written opinions to the Executive Board, to which the Executive
Board shall respond in writing without undue delay.

Section V
The Administrative Director

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, following an open and transparent selection procedure. 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 years. By the end of this period, the
Commission 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 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 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 acting on 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, 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.

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;

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

c)      preparing the programming document and
submitting it to the Executive Board and College after consultation of the
Commission;

d)      implementing the programming document
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 completion
and to the College for approval;

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
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;

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

i)       preparing the draft financial rules
applicable to Eurojust;

j)       preparing Eurojust's draft statement
of estimates of revenue and expenditure and implementing its budget.

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. 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.

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.

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.

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 should be dealt 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.

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 referred to in point (d) 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
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 5, 6 and 7.

2.           The transmission of information
to Eurojust shall 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.

5.           The national competent
authorities shall inform their national members without undue delay of any case
concerning crimes under the competence of Eurojust affecting at least three
Member States and 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.

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.

9.           Information referred to in this
Article shall be provided in a structured way as established by Eurojust.

Article 22
Information provided by Eurojust
to competent national authorities

1.           Eurojust shall provide competent
national authorities with information 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

The competent national authorities shall respond
without undue delay to Eurojust's requests and opinions made under Article 4. 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 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.

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.

7.           The Case Management System and
its temporary work files shall be made available for use by the European Public
Prosecutor's Office.

8.           The provisions on access to the
Case Management System and the temporary work files shall apply mutatis
mutandis to the European Public Prosecutor's Office. However, the
information entered into the Case Management System, temporary work files and
the index by the European Public Prosecutor's Office shall not be available for
access at the national level.

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, where necessary to enable Eurojust to carry out its tasks, to other national
members or to Eurojust staff authorised by 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
PROCESSING OF INFORMATION

Article 27
Processing of personal data

1.           Insofar as it is necessary to
achieve its explicitly stated task, Eurojust may, within the framework of its
competence and in order to carry out its operational functions, process by
automated means or in structured manual files in accordance with this
Regulation only the personal data listed in point 1 of Annex 2, on persons who,
under the national legislation of the Member States concerned are suspected of
having committed or having taken part in a criminal offence in respect of which
Eurojust is competent or who have been convicted of such an offence.

2.           Eurojust
may process only the personal data listed in point 2 of Annex 2, on persons
who, under the national legislation of the Member States concerned, are
regarded as witnesses or victims in a criminal investigation or prosecution
regarding one or more of the types of crime and the offences referred to in
Article 3, or persons under the age of 18. The processing
of such personal data may only take place if it is strictly necessary for the
achievement of the expressly stated task of Eurojust, within the framework of
its competence and in order to carry out its operational functions.

3.           In exceptional cases, Eurojust
may also, for a limited period of time which shall not exceed the time needed
for the conclusion of the case related to which the data are processed, process
personal data other than those referred to in paragraphs 1 and 2 relating to
the circumstances of an offence where they are immediately relevant to and
included in on-going investigations which Eurojust is coordinating or helping
to coordinate and when their processing is strictly necessary for the purposes
specified in paragraph 1. The Data Protection Officer referred to in Article 31
shall be informed immediately of recourse to this paragraph and of the specific
circumstances which justify the necessity of the processing of such personal
data. Where such other data refer to witnesses or victims within the meaning of
paragraph 2, the decision to process them shall be taken jointly by at least
two national members.

4.           Personal data, processed by
automated or other means, revealing racial or ethnic origin, political
opinions, religious or philosophical beliefs, trade union membership, and data
concerning health or sex life may be processed by Eurojust only when such data
are strictly necessary for the national investigations concerned as well as for
coordination within Eurojust and if they supplement other personal data already
processed. The Data Protection Officer shall be informed immediately of
recourse to this paragraph. Such data may not be processed in the Index
referred to in Article 24(4). Where such other data refer to witnesses or
victims within the meaning of paragraph 3, the decision to process them shall
be taken by the College.

5.           Regulation (EC) No 45/2001 shall
apply to the processing of personal data by Eurojust in the context of its
activities. This Regulation particularises and complements Regulation (EC) No
45/2001 in as far as personal data processed by Eurojust for its operational
tasks are concerned.

Article 28
Time limits for the storage of
personal data

1.           Personal data processed by
Eurojust may not be stored beyond the first applicable among the following
dates:

a)      the date on which prosecution is
barred under the statute of limitations of all the Member States concerned by
the investigation and prosecutions;

b)      the date on which the person has been
acquitted and the judicial decision became final;

c)      three years after the date on which
the judicial decision of the last of the Member States concerned by the
investigation or prosecutions became final;

d)      the date on which Eurojust and the
Member States concerned mutually established or agreed that it was no longer
necessary for Eurojust to coordinate the investigation and prosecutions, unless
there is an obligation to provide Eurojust with this information in accordance
with Article 21(5) or (6);

e)      three years after the date on which
data were transmitted in accordance with Article 21(6) or (7).

2.           Observance of the storage deadlines
referred to in points (a), (b), (c) and (d) of paragraph 1 shall be reviewed
constantly by appropriate automated processing. Nevertheless, a review of the
need to store the data shall be carried out every three years after they were
entered. If data concerning persons referred to in Article 27(4) are stored for
a period exceeding five years, the European Data Protection Supervisor shall be
informed accordingly.

3.           When one of the storage deadlines
referred to in points (a), (b), (c) and (d) of paragraph 1 has expired,
Eurojust shall review the need to store the data longer in order to enable it
to perform its tasks and it may decide by way of derogation to store those data
until the following review. The reasons for the continued storage must be
justified and recorded. If no decision is taken on the continued storage of
personal data, those data shall be deleted automatically after three years.
However, once prosecution is statute barred in all Member States concerned as
referred to in point (a) of paragraph 1, data may only be stored if they are
necessary in order for Eurojust to provide assistance in accordance with this
Regulation.

4.           Where, in accordance with
paragraph 3, data have been stored beyond the dates referred to in paragraph 1,
a review of the need to store those data shall take place every three years by
European Data Protection Supervisor.

5.           Where a file contains non-automated
and unstructured data, once the deadline for storage of the last item of
automated data from the file has elapsed, all documents in the file shall be
returned to the authority which supplied them and any copies shall be
destroyed.

6.           Where Eurojust has coordinated an
investigation or prosecutions, the national members concerned shall inform
Eurojust and the other Member States concerned of all judicial decisions
relating to the case which have become final in order, inter alia, that point
(b) of paragraph 1 may be applied.

Article 29
Logging and documentation

1.           For the purposes of verification
of the lawfulness of the data processing, self-monitoring and ensuring proper
data integrity and security, Eurojust shall keep records of any collection,
alteration, access, disclosure, combination or erasure of personal data used
for operational purposes. Such logs or documentation shall be deleted after 18
months, unless the data are further required for on-going control.

2.           Logs or documentation prepared
under paragraph 1 shall be communicated on request to the European Data
Protection Supervisor. The European Data Protection Supervisor shall use this
information only for the purpose of data protection control, ensuring proper
data processing, and data integrity and security.

Article 30
Authorised access to personal
data

Only national
members, their deputies and their Assistants, persons referred to in Article 20(2)
in so far as they are connected to the Case Management System and authorised
Eurojust staff may, for the purpose of achieving Eurojust's tasks and within
the limits provided for in Articles 24, 25 and 26, have access to personal data
processed by Eurojust for its operational tasks.

Article 31
 Appointment of the Data Protection
Officer

1.           The Executive Board shall appoint
a Data Protection Officer in accordance with Article 24 of Regulation (EC) No 45/2001.

2.           When complying with the
obligations set out in Article 24 of Regulation (EC) No 45/2001, the Data
Protection Officer shall:

a)      ensure that a written record of the
transfer of personal data is kept;

b)      cooperate with Eurojust staff
responsible for procedures, training and advice on data processing;

c)      prepare an annual report and
communicate that report to the College and to the European Data Protection
Supervisor.

3.           In the performance of his or her
tasks, the Data Protection Officer shall have access to all the data processed
by Eurojust and to all Eurojust premises.

4.           Eurojust’s staff members
assisting the Data Protection Officer in the performance of his or her duties
shall have access to the personal data processed at Eurojust and to Eurojust
premises to the extent necessary for the performance of their tasks.

5.           If the Data Protection Officer
considers that the provisions of Regulation (EC) No 45/2001 or this Regulation
related to the processing of personal data have not been complied with, he or
she shall inform the Administrative Director, requiring him or her to resolve
the non-compliance within a specified time. If the Administrative Director does
not resolve the non-compliance of the processing within the specified time, the
Data Protection Officer shall inform the College and shall agree with the
College a specified time for a response. If the College does not resolve the
non-compliance of the processing within the specified time, the Data Protection
Officer shall refer the matter to the European Data Protection Supervisor.

6.           The Executive Board shall adopt
the implementing rules referred to in Article 24(8) of Regulation (EC) No 45/2001.

Article 32
Modalities regarding the exercise
of the right of access

1.           Any data subject wishing to
exercise the right of access to personal data may make a request to that effect
free of charge to the authority appointed for this purpose in the Member State
of their choice. That authority shall refer the request to Eurojust without
delay and in any case within one month of receipt.

2.           The request shall be answered by
Eurojust without undue delay and in any case within three months of its receipt
by Eurojust.

3.           The competent authorities of the
Member States concerned shall be consulted by Eurojust on a decision to be
taken. A decision on access to data shall be conditional upon close cooperation
between Eurojust and the Member States directly concerned by the communication
of such data. In any case in which a Member State objects to Eurojust’s
proposed response, it shall notify Eurojust of the reasons for its objection.

4.           When the right of access is
restricted in accordance with Article 20(1) of Regulation (EC) No 45/2001, Eurojust shall inform the data subject in accordance with Article 20(3)
of that Regulation in writing. The information about the principal reasons may
be omitted where the provision of such information would deprive the
restriction of its effect. The data subject shall at least be informed that all necessary verifications by the
European Data Protection Supervisor have taken place.

5.           Eurojust shall document the
grounds for omitting the communication of the principal reasons on which the restriction referred to in paragraph 4 is
based.

6.           The national members concerned by
the request shall deal with it and reach a decision on Eurojust's behalf. The
request shall be dealt with in full within three months of receipt. Where the
members are not in agreement, they shall refer the matter to the College, which
shall take its decision on the request by a two-thirds majority.

7.           When in application of Article 46
and 47 of Regulation (EC) No 45/2001,
the European Data Protection Supervisor checks the lawfulness of the processing
performed by Eurojust, he or she shall inform the data subject at least that
all necessary verifications by the European Data Protection Supervisor have
taken place.

Article 33
Right to rectification, erasure
and restrictions on processing

1.           If the personal data that have to
be rectified, erased or whose processing has to be restricted in accordance
with Articles 14, 15 or 16 of Regulation (EC) No 45/2001 have been provided to
Eurojust by third countries, international organisations, private parties,
private persons or are the results of Eurojust's own analyses, Eurojust shall
rectify, erase or restrict the processing of such data.

2.           If the personal data that have to
be rectified, erased or whose processing has to be restricted in accordance
with Article 14, 15 and 16 of Regulation (EC) No 45/2001 have been provided
directly to Eurojust by Member States, Eurojust shall rectify, erase or
restrict the processing of such data in collaboration with Member States.

3.           If incorrect data were transmitted
by another appropriate means or if the errors in the data supplied by Member
States are due to faulty transfer or were transmitted in breach of this
Regulation or if they result from their being input, taken over or stored in an
incorrect manner or in breach of this Regulation by Eurojust, Eurojust shall
rectify or erase the data in collaboration with the Member States concerned.

4.           In the cases referred to in
Articles 14, 15 or 16 of Regulation (EC) No 45/2001, all addressees of such
data shall be notified forthwith in accordance with Article 17 of Regulation (EC)
No 45/2001. In accordance with rules applicable to them, the addressees shall
then rectify, erase or restrict the processing of those data in their systems.

5.           Eurojust shall inform the data
subject in writing without undue delay and in any case within three months of
the receipt of the request that data concerning him or her have been rectified,
erased or their processing restricted.

6.           Eurojust shall inform the data
subject in writing on any refusal of rectification, of erasure or of
restrictions to the processing, and the possibility of lodging a complaint with
the European Data Protection Supervisor and seeking a judicial remedy.

Article 34
Responsibility in data protection
matters

1.           Eurojust shall process personal
data in such a way that that it can be established which authority provided the
data or where the personal data has been retrieved from.

2.           The responsibility for the
quality of personal data shall lie with the Member State which provided the
personal data to Eurojust and with Eurojust for personal data provided by EU
bodies, third countries or international organisations, as well for personal
data retrieved by Eurojust from publicly available sources.

3.           The responsibility for compliance
with Regulation (EC) No 45/2001 and this Regulation shall lie with Eurojust.
The responsibility for the legality of transfer of personal data provided by
the Member States to Eurojust shall lie with the Member State which provides
the personal data, and with Eurojust for the personal data provided to Member
States, EU bodies and third countries or organisations by Eurojust.

4.           Subject to other provisions in
this Regulation, Eurojust shall be responsible for all data processed by it.

Article 35
Cooperation between the European Data
Protection Supervisor and national data protection authorities

1.           The European Data Protection
Supervisor shall act in close cooperation with national authorities competent
for data protection supervision with respect to specific issues requiring
national involvement, in particular if the European Data Protection Supervisor
or a national authority competent for data protection supervision finds major
discrepancies between practices of the Member States or potentially unlawful
transfers using Eurojust's communication channels, or in the context of
questions raised by one or more national supervisory authorities on the
implementation and interpretation of this Regulation.

2.           In cases referred to under
paragraph 1 the European Data Protection Supervisor and the national
authorities competent for data protection supervision may, each acting within
the scope of their respective competences, exchange relevant information,
assist each other in carrying out audits and inspections, examine difficulties
of interpretation or application of this Regulation, study problems related to
the exercise of independent supervision or to the exercise of the rights of
data subjects, draw up harmonised proposals for joint solutions to any problems
and promote awareness of data protection rights, as necessary.

3.           The National Supervisory
Authorities and the European Data Protection Supervisor shall meet for the purposes
outlined in this Article, as needed. The costs and servicing of these meetings
shall be for the account of the European Data Protection Supervisor. Rules of
procedure shall be adopted at the first meeting. Further working methods shall
be developed jointly as necessary.

Article 36
Right to lodge a complaint with
the European Data Protection Supervisor

1.           Where a complaint introduced by a
data subject pursuant to Article 32(2) of Regulation (EC) No 45/2001 relates to
a decision as referred to in Article 32 or 33, the European Data Protection
Supervisor shall consult the national supervisory bodies or the competent
judicial body in the Member State which was the source of the data or the
Member State directly concerned. The decision of the European Data Protection
Supervisor, which may extend to a refusal to communicate any information, shall
be taken in close cooperation with the national supervisory body or competent
judicial body.

2.           Where a complaint relates to the processing
of data provided by a Member State to Eurojust, the European Data Protection
Supervisor shall ensure that the necessary checks have been carried out
correctly in close cooperation with the national supervisory body of the Member
State which has provided the data.

3.           Where a complaint relates to the processing
of data provided to Eurojust by EU bodies, third countries or organisations or
private parties, the European Data Protection Supervisor shall ensure that the
necessary checks have been carried out by Eurojust.

Article 37
Liability for unauthorised or incorrect
processing of data

1            Eurojust shall be liable, in
accordance with Article 340 of the Treaty, for any damage caused to an
individual which results from unauthorised or incorrect processing of data
carried out by it.

2.           Complaints against Eurojust
pursuant to the liability referred to in paragraph 1 shall be heard by the Court
of Justice in accordance with Article 268 of the Treaty.

3.           Each Member State shall be
liable, in accordance with its national law, for any damage caused to an
individual, which results from unauthorised or incorrect processing carried out
by it of data which were communicated to Eurojust.

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, 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), Eurojust may directly exchange all information, with the exception of
personal data, with the entities referred to in paragraph 1.

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 third countries, 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. If the data
to be transferred have been provided by a Member State, Eurojust shall seek
that Member State’s consent, 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 and international organisations or Interpol shall be
prohibited unless Eurojust has given its explicit consent after considering the
circumstances of the case at hand, 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.

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, 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.

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

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, international organisations
or Interpol.

Article 41
Relations with the European
Public Prosecutor’s Office

1.           Eurojust shall establish and
maintain a special relationship with the European
Public Prosecutor’s Office based on close cooperation and the development of
operational, administrative and management links between them as defined below.
To this end, the European Public Prosecutor and the
President of Eurojust shall meet on a regular basis to discuss issues of common
concern.

2.           Eurojust shall treat any request
for support emanating from the European Public Prosecutor’s Office without
undue delay, and shall deal with such requests, where appropriate, as if they
had been received from a national authority competent for judicial cooperation.

3.           Whenever necessary, Eurojust
shall make use of the Eurojust National Coordination Systems established in
accordance with Article 20, as well as the relations it has established with
third countries, including its liaison magistrates, in order to support the
cooperation established in accordance with paragraph 1.

4.           The cooperation established in
accordance with paragraph 1 shall entail the exchange of information, including
personal data. Any data thus exchanged shall only be used for the purposes for
which it was provided. Any other usage of the data shall only be allowed in as
far as such usage falls within the mandate of the body receiving the data, and
subject to the prior authorisation of the body which provided the data.

5.           For the purpose of identifying
whether information available at Eurojust matches with information processed by
the European Public Prosecutor’s Office, Eurojust shall put in place a
mechanism for automatic cross-checking of data entered into its Case Management
System. Whenever a match is found between data entered into the Case Management
System by the European Public Prosecutor’s Office and data entered by Eurojust,
the fact that there is a match will be communicated to both Eurojust and the
European Public Prosecutor’s Office, as well as the Member State which provided
the data to Eurojust. In cases where the data was provided by a third party,
Eurojust shall only inform that third party of the match found with the consent
of the European Public Prosecutor’s Office.

6.           Eurojust shall designate and
inform the European Public Prosecutor’s Office which staff members shall be
authorised to have access to the results of the cross-checking mechanism.

7.           Eurojust shall support the
functioning of the European Public Prosecutor’s Office through services to be
supplied by its staff. Such support shall in any case include:

a)      technical support in the preparation
of the annual budget, the programming document containing the annual and multiannual
programming and the management plan;

b)      technical support in staff recruitment
and career-management;

c)      security services;

d)      Information Technology services;

e)      financial management, accounting and
audit services;

f)       any other services of common interest.

The details of the services to be provided
shall be laid down in an agreement between Eurojust and the European Public
Prosecutor’s Office.

8.           The European Public Prosecutor
may address written opinions to the College, to which the College shall respond
in writing without undue delay. Such written opinions shall in any case be
presented whenever the College adopts the annual budget and work programme.

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 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 .../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.

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 (EC) No 1073/1999 and Council Regulation (Euratom) No
1074/1999[19].
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 the authorities of
third countries and international organisations

1.           Eurojust may establish working
arrangements with the entities referred to in Article 38(1).

2.           Eurojust may designate, in
agreement with the competent authorities, contact points in third countries in
order to facilitate cooperation.

SECTION IV
TRANSFERS OF PERSONAL DATA

Article 44
Transfer of personal data to
Union bodies or agencies

Subject to any possible restrictions
pursuant to Article 21(8) 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 personal data to
third countries and international organisations

1.           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)      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[20]
that that country or international organisation, or a processing sector within
that third country or international organisation 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 working arrangements to implement such
agreements or adequacy decisions.

2.           By way of derogation from
paragraph 1, Eurojust may authorise the transfer of 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;

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.           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 3 was applied.

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

Article 46
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 with that third country.

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 on the posting of
liaison magistrates 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 supervision by the European
Data Protection Supervisor. 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
Requests for judicial cooperation
to and from third Countries

1.           Eurojust shall 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. 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 requests referred to in paragraph 1 of this Article and issued by a
third country which has concluded a working arrangement with Eurojust.

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

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.

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.

2.           The College shall, on the basis of
that draft, produce a provisional draft estimate of Eurojust's revenue and
expenditure for the following financial year.

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. 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 Eurojust's contribution.

7.           The budgetary authority shall
adopt Eurojust's establishment plan.

8.           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
accordingly.

9.           For any building project likely
to have significant implications for the budget 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 for an opinion.

6.           The College shall deliver an
opinion on Eurojust's final accounts.

7.           The 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’s opinion.

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

9.           The Administrative Director shall
send the Court of Auditors a reply to its observations by 30 September of the
following year at the latest. The Administrative Director shall also send this
reply to the College 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.

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

The financial rules applicable to Eurojust
shall be adopted by the College in accordance with [Regulation 2343/2002 of 23
December 2002 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] and after consultation with the Commission. They shall not depart
from [Regulation 2343/2002] unless such departure is specifically required for Eurojust's
operation and the Commission has given its prior consent.

CHAPTER VII
STAFF PROVISIONS

Article 53
General provisions

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.

Article 54
Seconded national experts and
other staff

1.           Eurojust may make use of seconded
national experts or other staff not employed by Eurojust.

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

CHAPTER VIII
EVALUATION AND REPORTING

Article 55
Involvement of the European
Parliament and national Parliaments

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

2.           The President of the College
shall appear before the European Parliament, 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 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.

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[21] shall apply to 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.

Article 59
Confidentiality

1.           The national members, their
deputies and their Assistants referred to in Article 7, Eurojust staff,
national correspondents and the Data Protection Officer shall be bound by an
obligation of confidentiality with respect to any information which has come to
their knowledge in the course of the performance of their tasks.

2.           The obligation of confidentiality
shall apply to all persons and to all bodies called upon to work with Eurojust.

3.           The obligation of confidentiality
shall also apply after leaving office or employment or after the termination of
the activities of the persons referred to in paragraphs 1 and 2.

4.           The obligation of confidentiality
shall apply to all information received by Eurojust, unless
that information has already been made public or is accessible to the public.

5.           Members and the staff of the
European Data Protection Supervisor shall be subject to the obligation of
confidentiality with respect to any information which has come to their
knowledge in the course of the performance of their tasks.

Article 60
Transparency

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

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

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, within six months from the entry into force of this Regulation, 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 Eurojust using the
template set out in the Annex to that Agreement.

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 1073/1999
and Council Regulation (Euratom, EC) No 2185/96[22] 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 rules on the protection
of classified information

Eurojust shall apply the security
principles contained in the Commission's security rules for protecting European
Union Classified Information (EUCI) and sensitive non-classified information,
as set out in the annex to Commission Decision 2001/844/EC, ECSC, Euratom[23]. This shall cover, inter alia,
provisions for the exchange, processing and storage of such information.

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[24].

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

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

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.

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.

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
re-elected 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.

Article 67
Repeal

1.           This Regulation replaces and
repeals Decisions 2002/187/JHA, 2003/659/JHA and 2009/426/JHA.

2.           References to the repealed
Council Decisions referred to in paragraph 1 shall be construed as references
to this Regulation.

Article 68
Entry into force

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

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

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

ANNEX 1

List of forms of serious crime which
Eurojust is competent to deal with in accordance with Article 3(1):

– 
organised crime;

– 
terrorism;

– 
drug trafficking;

– 
money-laundering;

– 
corruption;

– 
crime against the financial interests of the
Union;

– 
murder, grievous bodily injury;

– 
kidnapping, illegal restraint and hostage taking;

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

– 
racism and xenophobia;

– 
organised robbery;

– 
motor vehicle crime;

– 
swindling and fraud;

– 
racketeering and extortion;

– 
counterfeiting and product piracy;

– 
forgery of administrative documents and
trafficking therein;

– 
forgery of money and means of payment;

– 
computer crime;

– 
insider dealing and financial market
manipulation;

– 
illegal immigrant smuggling;

– 
trafficking in human beings;

– 
illicit trade in human organs and tissue;

– 
illicit trafficking in hormonal substances and
other growth promoters;

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

– 
illicit trafficking in arms, ammunition and
explosives;

– 
illicit trafficking in endangered animal
species;

– 
illicit trafficking in endangered plant species
and varieties;

– 
environmental crime;

– 
ship-source pollution;

– 
crime connected with nuclear and radioactive
substances;

– 
genocide, crimes against humanity and war crimes.

ANNEX 2

Categories of personal data referred to
in Article 27

1.           a)       surname, maiden name,
given names and any alias or assumed names;

b)      date and place of birth;

c)      nationality;

d)      sex;

e)      place of residence, profession and
whereabouts of the person concerned;

f)       social security numbers, driving
licences, identification documents and passport data, customs and Tax
Identification Numbers;

g)      information concerning legal persons
if it includes information relating to identified or identifiable individuals
who are the subject of a judicial investigation or prosecution;

h)      bank accounts and accounts with other
financial institutions;

i)       description and nature of the alleged
offences, the date on which they were committed, the criminal category of the
offences and the progress of the investigations;

j)       the facts pointing to an
international extension of the case;

k)      details relating to alleged membership
of a criminal organisation;

l)       telephone numbers, e-mail addresses,
traffic data and location data, as well as the related data necessary to
identify the subscriber or user;

m)     vehicle registration data;

n)      DNA profiles established from the
non-coding part of DNA, photographs and fingerprints.

2.           a)       surname, maiden name,
given names and any alias or assumed names;

b)      date and place of birth;

c)      nationality;

d)      sex;

e)      place of residence, profession and
whereabouts of the person concerned;

f)       the description and nature of the
offences involving them, the date on which they were committed, the criminal
category of the offences and the progress of the investigations.

LEGISLATIVE FINANCIAL
STATEMENT

1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.    Title of the proposal/initiative

1.2.    Policy
area(s) concerned in the ABM/ABB structure

1.3.    Nature
of the proposal/initiative

1.4.    Objectives

1.5.    Grounds
for the proposal/initiative

1.6.    Duration
and financial impact

1.7.    Management
mode(s) envisaged

2.           MANAGEMENT MEASURES

2.1.    Monitoring
and reporting rules

2.2.    Management
and control system

2.3.    Measures
to prevent fraud and irregularities

3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE

3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected

3.2.    Estimated
impact on expenditure

3.2.1. Summary of
estimated impact on expenditure

3.2.2. Estimated impact
on [body]'s appropriations

3.2.3. Estimated impact
on [body]'s human resources

3.2.4. Compatibility
with the current multiannual financial framework

3.2.5. Third-party
contributions

3.3.    Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Proposal for a Regulation of the European Parliament and of the
Council on the European Union Agency for Criminal Justice Cooperation
(EUROJUST)

1.2.        Policy area(s) concerned
in the ABM/ABB structure[25]

Policy area: 33 - Justice

Activity: 33.03 - Justice in criminal and civil matters (as from
2014: 33.03 – Justice)

1.3.        Nature of the
proposal/initiative

 ̈ The
proposal/initiative relates to a new action

 ̈ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[26]

þ The proposal/initiative relates to the
extension of an existing action

 ̈ The
proposal/initiative relates to an action redirected towards a new action

1.4.        Objective(s)

1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative

Eurojust was set up following a MS
initiative by Decision 2002/187/JHA as a body of the Union with legal
personality with a view to reinforcing the fight against serious crime. Article
85 TFEU provides for Eurojust to be governed by a Regulation, adopted in
accordance with the ordinary legislative procedure. Its mission is to support
and strengthen coordination and cooperation between national investigating and
prosecuting authorities relating to serious crime affecting two or more Member
States of the European Union. This proposal for a Regulation provides for a
single renovated legal framework for a new European Union Agency for Criminal
Justice Cooperation, which is the legal successor of Eurojust.

1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned

Specific objective N°2: Enhance judicial
cooperation in criminal matters and thus contribute to creating a genuine European
Area of Justice

ABM/ABB activity(ies) concerned

33.03 - Justice in criminal and civil matters

1.4.3.     Expected result(s) and
impact

Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.

By bringing together senior prosecutors and judges from all the Member
States of the EU, Eurojust plays a central role in developing a European area
of justice. It also plays a major role in fighting cross-border crime in the EU
as an effective facilitator of judicial co-operation whose assistance is
increasingly sought by national practitioners. The expected effects include:

1. Eurojust's operational work

Eurojust supports and strengthens judicial cooperation in criminal
matters. National members, acting individually or as a College, intervene in
concrete criminal cases, where national authorities need enhanced coordination
or need to overcome difficulties in the practical use of judicial cooperation
and mutual recognition instruments. Eurojust has helped to bridge the EU's wide
variety of legal systems and traditions and to foster mutual trust, which is
the cornerstone of mutual recognition instruments by rapidly solving linguistic
or legal problems or identifying competent authorities in other countries.

2. Eurojust centre of judicial expertise for effective action
against serious cross-border crime

Eurojust plays a major role in the fight against cross-border crime.
Eurojust organises coordination meetings, where national authorities come
together to agree on a common approach to investigations, prepare assistance
requests, solve or anticipate answers to legal questions or decide upon
simultaneous operations. Eurojust is involved in the setting up and
participation in JITs (Joint Investigation Teams), providing support to Member
States.

3. Eurojust's cooperation with partners

Eurojust cooperates with other agencies, in particular Europol, OLAF
as well as with 3rd States and hosts the Secretariats of the European Judicial
Network, the Joint Investigation Teams Expert Network and the Genocide Network,
in accordance with the Council Decision.

4. Eurojust's relations with the European Public Prosecutor's Office

In accordance with Article 86 TFEU, the European Public Prosecutor's
Office must be established "from Eurojust". This proposal therefore
also aims to regulate the relations between Eurojust and the European Public
Prosecutor's Office. The administrative support to the EPPO will be provided on
a zero cost basis.

1.4.4.     Indicators of results and
impact

Specify the
indicators for monitoring implementation of the proposal/initiative.

In accordance with the Roadmap for the implementation of the Common
Approach on agencies, the Commission is developing guidelines for the
definition of key performance indicators for the Agencies. This is expected to
be concluded in 2013.

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

In the short run Eurojust is expected to continue conducting its
core activities, notably those directly related to supporting and strengthening
coordination and cooperation between national investigating and prosecuting
authorities in cases of serious cross-border crime. The flow of information and
link between national authorities and Eurojust are bound to be strengthened.

In the medium term, Eurojust's structure, operation, tasks and
parliamentary oversight will be strengthened through this proposal in
accordance with Article 85 TFEU. There are also requirements linked to Article
86 TFEU and the establishment of a European Public Prosecutor's Office from
Eurojust: Eurojust will be required to provide administrative support services
to the European Public Prosecutor's Office.

1.5.2.     Added value of EU
involvement

The added value of the action developed by Eurojust: facilitating
judicial cooperation between national authorities of Member States and
enhancing coordination to fight organised crime more effectively, has an
intrinsically EU dimension and can only be achieved at EU level.

1.5.3.     Lessons learned from similar
experiences in the past

Eurojust's annual reports confirm that there is an on-going need for
EU and international coordination and support in the area of cross-border
serious crime. The past decade has seen an explosion of organised crime, such
as drug trafficking, trafficking in human beings, terrorism and cybercrime,
including child pornography. A new criminal landscape is emerging, marked
increasingly by highly mobile and flexible groups operating in multiple
jurisdictions and criminal sectors, and aided, in particular, by widespread,
illicit use of the Internet. Member States cannot effectively combat these at
national level, so coordination and assistance become paramount. Eurojust is
the only EU agency that supports national judicial authorities to appropriately
investigate and prosecute these cases.

1.5.4.     Compatibility and possible
synergy with other appropriate instruments

The reinforcement of judicial cooperation in criminal matters is a
crucial part of creating an area of freedom, security and justice. Eurojust's
mission in facilitating coordination and cooperation is developed in the
context of other legal instruments in the area such as the 2000 MLA Convention,
the Council Framework Decision on the European Arrest Warrant or the Council
Framework Decision on conflicts of jurisdiction. Synergies with the rest of JHA
agencies, in particular Europol, and the need to avoid duplication of tasks and
enhance cooperation are to be borne in mind. Clear synergies will also be part
of the cooperation between Eurojust and the European Public Prosecutor's
office.

1.6.        Duration and financial
impact

 ̈ Proposal/initiative of limited
duration

– 
 ̈  Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

– 
 ̈  Financial impact from YYYY to YYYY

x Proposal/initiative of unlimited
duration

– 
Implementation with a start-up period from YYYY
to YYYY,

– 
followed by full-scale operation.

1.7.        Management mode(s)
envisaged[27]

Direct management by the Commission

– 
by its departments, including by its staff in
the Union delegations;

– 
 ̈  by the executive agencies;

 ̈ Shared management with the Member States

X Indirect management by
delegating implementation tasks to:

– 
 ̈ third countries or the bodies they have designated;

– 
 ̈ international organisations and their agencies (to be specified);

– 
 ̈the EIB and the European Investment Fund;

– 
X bodies referred to in Articles 208 and 209 of
the Financial Regulation;

– 
 ̈ public law bodies;

– 
 ̈ bodies governed by private law with a public service mission to the
extent that they provide adequate financial guarantees;

– 
 ̈ bodies governed by the private law of a Member State that are
entrusted with the implementation of a public-private partnership and that
provide adequate financial guarantees;

– 
 ̈ persons entrusted with the implementation of specific actions in
the CFSP pursuant to Title V of the TEU, and identified in the relevant basic
act.

– If more than one management mode is
indicated, please provide details in the "Comments" section.

Comments

This
legislative proposal aims at modernising the legal framework of Eurojust and
streamlining its functioning.

It has been
drafted with a spirit of budget neutrality. As a consequence, the financial
programming of Eurojust which has been prepared for the period 2014-2020
adopted by the Commission in July 2013 is valid for this legislative proposal.

However,
there is a new element introduced by this Regulation which concerns the
relations with the European Public Prosecutor's office: as defined in this
Regulation Eurojust would provide administrative support structures to the European
Public Prosecutor's Office, including finances, human resources, security and
IT.

In
parallel, Eurojust would not work anymore on the offences affecting the EU's
financial interests which represent between 5 to 10% of the current caseload. Consequently
posts can be moved within the agency to cover the support to the EPPO function.

Therefore, the
financial impact of this proposal is budget neutral and does not change the
total of the posts mentioned in the financial programming for the period
2014-2020.

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency
and conditions.

Each year the President of the Eurojust, on behalf of the College,
shall forward the Annual report to the European Parliament on the work carried
out by Eurojust, as well as information on working arrangements concluded with
third parties, and the annual report of the European Data Protection
Supervisor.

An external independent evaluation of the implementation of the
Regulation and the activities of Eurojust shall be commissioned by the
Commission within five years after the Regulation takes effect, and every five
years thereafter.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

No specific risks in management and control systems were identified
at this stage.

2.2.2.     Control method(s) envisaged

Eurojust is subject to administrative controls including budgetary
control, internal audit, annual reports by the European Court of Auditors and
the annual discharge for the execution of the EU budget.

2.3.        Measures to prevent fraud
and irregularities

Specify existing or
envisaged prevention and protection measures.

In order to combat fraud, corruption and other
unlawful activities, the provisions of Regulations (EC) N. 1073/1999 shall
apply without restrictions to the Agency.

3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

· Existing budget lines

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Heading........................................] || Diff./non-diff. ([28]) || from EFTA countries[29] || from candidate countries[30] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

3 || 33.0304 European Union Agency for Criminal Justice Cooperation (EUROJUST) || Diff || NO || YES After agreement || NO || NO

· New budget lines requested

In order of multiannual financial framework
headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Heading............................................] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

|| || Diff || NO || NO || NO || NO

3.2.        Estimated impact on
expenditure

3.2.1.     Summary of estimated impact
on expenditure

EUR million (to three decimal places)

Heading of multiannual financial Framework: || Number 3 || Security and citizenship

EUROJUST || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL

Title 1 || Commitments || (1) || || || || || || || ||

Payments || (2) || || || || || || || ||

Title 2 || Commitments || (1a) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Payments || (2a) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Title 3 || Commitments || (3a) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

|| Payments || (3b) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

TOTAL appropriations for EUROJUST || Commitments || =1+1a +3a || || || || || || || ||

Payments || =2+2a +3b || || || || || || || ||

Justice Programme || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL

33 03 02 – Improving judicial cooperation in civil and criminal matters || Commitments || (1) || || || || || || 0.400 || || 0.400

Payments || (2) || || || || || || 0.400 || || 0.400

TOTAL Justice Programme[31] || Commitments || (1) || || || || || || 0.400 || || 0.400

Payments || (2) || || || || || || 0.400 || || 0.400

The current calculation is based on the
assumption that the administrative support structures provided by Eurojust to
the European Public Prosecutor's Office, including finances, human resources,
security and IT, is budget neutral and does not require additional staff from
the establishment plan of Eurojust, as internal redeployment within Eurojust is
foreseen as a result of the cease of some activities after the establishment of
the European Public Prosecutor's Office.

In practical terms, Eurojust's
administrative structure would cover the needs of both Eurojust and the European
Public Prosecutor's Office. This administrative structure would ensure
coordinated budgetary planning and execution, various aspect of staff
management and the provision of all other support services.

The accountant of Eurojust is expected to
be the accountant of the European Public Prosecutor's Office.

The costs for the evaluation to assess in
particular the implementation and impact of this regulation, as well as the
effectiveness and efficiency of Eurojust should be covered by the new Justice
Programme.

Heading of multiannual financial framework: || 5 || ‘Administrative expenditure’

EUR million (to three decimal places)

|| || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL

DG: JUSTICE ||

Ÿ Human resources || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

Ÿ Other administrative expenditure || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

TOTAL DG JUSTICE || Appropriations || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0

EUR million (to three decimal places)

|| || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || || || || || || 0.400 || || 0.400

Payments || || || || || || 0.400 || || .0400

3.2.2.     Estimated impact on
[body]'s appropriations

– 
X  The proposal/initiative does not require the
use of operational appropriations      The proposal/initiative requires the use
of operational appropriations, as described below:

Commitment appropriations in EUR million (to three
decimal places)

Indicate objectives and outputs ò || || || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL

OUTPUTS

Type[32] || Average cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Total number || Total cost

SPECIFIC OBJECTIVE NO 1[33] ... || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

SPECIFIC OBJECTIVE No 2 ... || || || || || || || || || || || || || || || ||

- Output || || || || || || || || || || || || || || || || || ||

SPECIFIC OBJECTIVE No 3 || || || || || || || || || || || || || || || ||

Output || || || || || || || || || || || || || || || ||

TOTAL COST || || || || || || || || || || . || || || || || ||

3.2.3.     Estimated impact on
[body]'s human resources

3.2.3.1.  Summary

– 
þ  The proposal/initiative does not require the use of appropriations
of an administrative nature

– 
o  The proposal/initiative requires the use of appropriations of an
administrative nature, as described below:

in Full Time
Equivalent: FTE

Human resources || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Total

Establishment plan posts (in headcounts) || || || || || || || ||

- Of which AD || || || || || || || ||

- Of which AST || || || || || || || ||

External personnel (FTE) || || || || || || || ||

- Of which contract agents || || || || || || || ||

- Of which Seconded National  Experts (SNE) || || || || || || || ||

Total staff || || || || || || || ||

EUR million
(to three decimal places)

Staff expenditure || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Total

Establishment plan posts || || || || || || || ||

- Of which AD || || || || || || || ||

- Of which AST || || || || || || || ||

External personnel || || || || || || || ||

- Of which contract agents || || || || || || || ||

- Of which Seconded National  Experts (SNE) || || || || || || || ||

Total staff expenditure || || || || || || || ||

3.2.3.2.  Estimated requirements of
human resources for the parent DG

– 
X  The proposal/initiative does not require the
use of additional human resources.

– 
The proposal/initiative requires the use of
human resources, as described below:

Estimate to be expressed in full amounts
(or at most to one decimal place)

|| || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020

Ÿ Establishment plan posts (officials and temporary staff) ||

|| XX 01 01 01 (Headquarters and Commission’s Representation Offices) || || || || || || ||

|| XX 01 01 02 (Delegations) || || || || || || ||

|| XX 01 05 01 (Indirect research) || || || || || || ||

|| 10 01 05 01 (Direct research) || || || || || || ||

|| || || || || || || ||

|| Ÿ External staff (in Full Time Equivalent: FTE)[34] ||

|| XX 01 02 01 (CA, SNE, INT from the ‘global envelope’) || || || || || || ||

|| XX 01 02 02 (CA, LA, SNE, INT and JED in the delegations) || || || || || || ||

|| XX 01 04 yy[35] || - at Headquarters[36] || || || || || || ||

|| - in delegations || || || || || || ||

|| XX 01 05 02 (CA, SNE, INT - Indirect research) || || || || || || ||

|| 10 01 05 02 (CA, SNE, INT- Direct research) || || || || || || ||

|| Other budget lines (specify) || || || || || || ||

|| TOTAL || || || || || || ||

XX is the
policy area or budget title concerned.

The human resources
required will be met by staff from the DG who are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.

Description of
tasks to be carried out:

Officials and temporary staff || Policy shadowing and advise to the agency, budgetary and financial advice to the agency and actual payments, discharge, draft budget procedures

External staff ||

Description of the calculation of cost for
FTE equivalent should be included in the Annex, section 3.

3.2.4.     Compatibility with the
current multiannual financial framework

– 
X  Proposal/initiative is compatible the next
multiannual financial framework.

– 
 ̈  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.

– 
 ̈  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[37].

Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

3.2.5.     Third-party contributions

– 
X The proposal/initiative does not provide for
co-financing by third parties.

– 
The proposal/initiative provides for the co-financing
estimated below:

Appropriations in EUR million (to three decimal
places)

|| Year 2014 || Year 2015 || Year 2016 || Year 2017 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the co-financing body || || || || || || || ||

TOTAL appropriations cofinanced || || || || || || || ||

3.3.        Estimated impact on
revenue

– 
X  Proposal/initiative has no financial impact
on revenue.

– 
 ̈  Proposal/initiative has the following financial impact:

– 
 ̈         on own resources

– 
 ̈         on miscellaneous revenue

EUR million (to three decimal places)

Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[38]

Year 2014 || Year 2015 || Year 2016 || Year 2017 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article ............. || || || || || || || ||

For miscellaneous
‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for
calculating the impact on revenue.

[1]               Council Decision of 28 February 2002 setting up
Eurojust with a view to reinforcing the fight against serious crime and amended
by Council Decision 2003/659/JHA and by Council Decision 2009/426/JHA of 16
December 2008 on the strengthening of Eurojust.                OJ L 063,
6.3.2002, p. 1.

[2]               Enhanced
police cooperation and assistance in preventing and combating serious crime is
addressed by the draft proposal for a new Europol Regulation.

[3]               Council
Decision 2009/426/JHA of 16.12.2008, OJ L 138, 4.6.2009, p. 14.

[4]               See
COM(2008) 135

[5]               "Study
on the Strengthening of Eurojust" conducted by GHK.

[6]               OJ, L 8, 12.1.2001, p. 1.

[7]               OJ L 63, 6.3.2002, p. 1.

[8]               OJ L 245, 29.9.2003, p. 44.

[9]               OJ L 138, 4.6.2009, p.14.

[10]             OJ L 167, 26.6.2002, p.1

[11]             OJ L 332, 18.12.2007, p.103.

[12]             OJ L 301, 12.11.2008, p.38.

[13]             OJ L 8, 12.1.2001, p. 1

[14]             OJ L 105, 27.04.1996, p.1.

[15]             OJ L 298, 26.10.2012, p.1.

[16]             OJ L 136, 31.5.1999, p.1.

[17]             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.

[18]             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.

[19]             OJ L 136, 31.5.1999, p. 8.

[20]             OJ L 281, 23.11.1995, p. 31.

[21]             OJ L 17,
6.10.1958, p.385.

[22]             OJ L 292, 15.11.1996, p. 2.

[23]             OJ L 317, 3.12.2001, p. 1.

[24]             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

[25]             ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.

[26]             As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.

[27]             Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site:
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[28]             Diff. = Differentiated appropriations / Non-Diff. =
Non-differentiated appropriations.

[29]             EFTA: European Free Trade Association.

[30]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.

[31]             Article 56 of the draft Regulation foresees an obligation
for the Commission to present a report on the implementation of the Regulation.
This report shall be based on an external study.

[32]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).

[33]             As described in point 1.4.2. ‘Specific objective(s)...’

[34]             CA= Contract Agent; LA = Local Agent; SNE= Seconded
National Expert; INT= agency staff (‘Intérimaire’); SNE= Seconded National
Expert.

[35]             Sub‑ceiling for external staff covered by
operational appropriations (former "BA" lines).

[36]             Mainly for the Structural Funds, the European
Agricultural Fund for Rural Development (EAFRD) and the European Fisheries Fund
(EFF).

[37]             See points 19 and 24 of the Interinstitutional
Agreement.

[38]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.