Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision setting up a Eurojust team
Date: 2000-07-19
Institutions: Germany
Subjects: EU body for police and judicial cooperation, exchange of information, fight against crime, financial interests of members, judicial cooperation in criminal matters in the EU, organised crime

19.7.2000

EN

Official Journal of the European Communities

C 206/1

II

(Acts adopted pursuant to Title VI of the Treaty on European Union)

COUNCIL

Initiative of the Federal Republic of Germany with a view to the adoption of a Council Decision
on setting up a Eurojust team

(2000/C 206/01)

THE COUNCIL OF THE EUROPEAN UNION,

2.

It shall be the task of the liaison officers at Eurojust:

Having regard to the Treaty on European Union, and in
particular Article 31(a) and Article 34(2)(c), thereof,

On the basis of the initiative by the Federal Republic of
Germany (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

in the conclusions of the European Council in Tampere it was
agreed that, to reinforce the fight against serious organised and
cross-border crime, a unit (Eurojust) should be set up compo-
sed of national prosecutors, magistrates, or police officers of
equivalent competence, detached from each Member State
according to its legal system,

HAS DECIDED AS FOLLOWS:

Article 1

Member States shall detach one or more magistrates, pros-
ecutors or police officers (hereinafter referred to as ‘liaison
officers’)
to [...]. The liaison officers shall constitute the
Eurojust team.

Article 2

1.
It shall be the task of Eurojust to provide support for
investigations into major criminal offences in respect of which
judicial legal assistance may be required for proceeding and
into criminal offences against the financial interests of the
European Union.

(1) OJ C 206, 19.7.2000, p. 1.
(2) OJ C ...

(a) to provide investigating authorities of other Member States
as well as the Commission of the European Communities
and Europol with information on the relevant substantive
and procedural law of the State from which they have
been detached or indicate an appropriate body for such
information,

(b) subject to the law of their State of dispatch, to provide
judicial authorities and other authorities responsible for
criminal investigations as well as the Commission and
Europol with information on the position regarding inves-
tigations and any judgments in criminal matters or arrange
contacts with the investigating body in their State of
dispatch,

(c)

in cases where investigations are in progress in two or
more Member States into offences which are connected, to
provide support for the coordination and conduct of joint
investigations,

(d) to provide legal advice in support of Europol’s work of

analysis if so requested,

(e)

in future treaty negotiations on extending the powers of
Europol, to deliver expert opinions in judicial support of
Europol if so requested,

(f)

to exchange experience of weak points in the cross-border
combating of crime and the combating of criminal offences
against the financial interests of the Union.

C 206/2

EN

Official Journal of the European Communities

19.7.2000

Article 3

Article 6

The liaison magistrates and liaison prosecutors within the
meaning 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 (1) and the contact
points within the meaning of Council Joint Action 98/428/JHA
of 29 June 1998 on the creation of a European Judicial
Network (2) shall be involved in the carrying out of Eurojust’s
tasks. Eurojust shall provide them with support
in their
activities.

In order to reinforce cooperation, Member States shall
1.
network their national procedural and criminal records so that
requests can be passed on via Eurojust to the bodies responsible
for the national records. The legal provisions for supplying
information which are currently applicable to the various
records shall remain unaffected.

2.
Eurojust shall provide Member States with backup in
considering whether a central European procedural register
should be established.

Article 4

Article 7

The Commission and Europol shall be invited to detach liaison
officers to Eurojust.

Eurojust may, in order to carry out its tasks, exchange
1.
experience with other bodies, in particular international organ-
isations.

Article 5

1.
Eurojust shall assume responsibility for the documenta-
tion on currently applicable legal instruments issued by the
European Judicial Network jointly with the General Secretariat
of the Council. Eurojust shall continuously update that docu-
mentation and supplement it with indications regarding the
treatment of problem cases in judicial legal assistance and
particular procedural provisions of the Member States.

Eurojust shall, as far as possible, ensure translation into

2.
the official languages of the other Member States.

The Council may conclude agreements with non-mem-
2.
ber countries on cooperation between Eurojust and the
investigating authorities of those countries, with particular
regard to the dispatch of associated liaison officers.

Article 8

The General Secretariat of the Council shall make available
translators and support staff as well as any
interpreters,
tasks. The
practical materials necessary for carrying out
General Secretariat shall
in particular be responsible for
establishing a computer-based collection of the information
referred to in Article 5.

3.
Information from the document collection may be
obtained not only by the investigating bodies of the Member
States, the Commission and Europol but also by third parties.

Article 9

This Decision shall enter into force on the day of its publication
in the Official Journal.

Done at Brussels, ...

For the Council

The President

...

(1) OJ L 105, 27.4.1996, p. 1.
(2) OJ L 191, 7.7.1998, p. 4.