Initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the Kingdom of Belgium with a view to adopting a Council Decision setting up Eurojust with a view to reinforcing the fight against serious organised crime
Date: 2000-08-24
Institutions: Belgium, France, Portugal, Sweden
Subjects: EU body for police and judicial cooperation, fight against crime, judicial cooperation in criminal matters in the EU, organised crime

24.8.2000

EN

Official Journal of the European Communities

C 243/15

Initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the
Kingdom of Belgium with a view to adopting a Council Decision setting up Eurojust with a view
to reinforcing the fight against serious organised crime

(2000/C 243/05)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to Title VI of the Treaty on European Union
and in particular Articles 31 and 34(2)(c) thereof,

Article 1

Establishment

Having regard to the initiative of
the Federal Republic of
Germany, and also to that of the Portuguese Republic, the
French Republic, the Kingdom of Sweden and the Kingdom of
Belgium,

The purpose of
to establish a judicial
coordination unit, Eurojust, hereinafter referred to as (cid:145)Eurojust(cid:146).

this Decision is

Having regard to the opinion of the European Parliament,

Whereas:

(1) The conclusions of the European Council in Tampere on
15 and 16 October 1999,
in particular paragraph 46
(Eurojust)
thereof, concern the setting up of a unit
composed of prosecutors, magistrates, or police officers of
equivalent competence,
to reinforce the fight against
serious organised crime.

(2)

is necessary and urgent

It
further to improve judicial
cooperation between the Member States of the European
Union, in particular in combating forms of serious crime
often perpetrated by transnational organisations.

(3) The

judicial

effective

improvement of

cooperation
between the Member States
the immediate
adoption of structural measures at European Union level
to facilitate the coordination of action for investigations
and prosecutions covering the territory of more than one
Member State.

requires

Article 2

Composition

Taking account of constitutional rules, legal traditions and the
internal structure of each Member State, Eurojust shall be
composed of one national member per Member State, being a
prosecutor, magistrate
equivalent
competence.

officer

police

or

of

Article 3

National correspondents

Each Member State may appoint one or more national
correspondents
referred to as a
(cid:145)national correspondent(cid:146). He shall have his place of work in the
Member State that appointed him.

to Eurojust, hereinafter

Article 4

Tasks

(4)

It is desirable for Eurojust and Europol to establish and
maintain close cooperation.

(5) This Decision is without prejudice to existing conventions
in particular the European Convention
and agreements,
on Mutual Assistance in Criminal Matters of 20 April
1959, and also the Convention on Mutual Assistance in
Criminal Matters between the Member States of
the
European Union, adopted by the Council on 29 May
2000,

competent
the
the Member States

Eurojust shall have the task of improving and facilitating
1.
and
between
cooperation
prosecuting bodies of
in respect of
combating the forms of serious international crime referred to
in Article 5 where two or more Member States are affected by
the forms of crime in question and the case requires
coordinated action by the judicial authorities of several of
them.

investigating

Eurojust shall perform its mandate by consensus under

2.
the leadership of the President and the management team.

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Official Journal of the European Communities

24.8.2000

Article 5

Competence ratione materiae

Article 6

Powers

The competence ratione materiae of Eurojust shall cover:

In order to accomplish its tasks Eurojust:

(a)

the types of crime and the offences in respect of which
Europol is competent to act pursuant to Article 2 of the
Europol Convention of 26 July 1995;

(b) trafficking in human beings as defined in the Council
Decision of 3 December 1998 supplementing
the
definition of
the form of crime (cid:145)trafficking in human
beings(cid:146) in the Annex to the Europol Convention (1);

(c)

the acts of terrorism as defined in the Council Decision of
3 December 1998 instructing Europol to deal with crimes
committed or likely to be committed in the course of
terrorist activities against life,
limb, personal freedom or
property (2);

(d) the protection of

the euro, as defined in the Council
Decision of 29 April 1999 extending Europol’s mandate to
deal with forgery of money and means of payment (3), as
well as other forms of counterfeiting of money and means
of payment;

(a) may ask a Member State to undertake an investigation or
to prosecute specific acts or to allow that another Member
State may be in a better position to do so; such a request
shall not be binding. Should a Member State decide not to
comply with the request, Eurojust should, in principle, be
informed of the decision and the reasons for it;

(b) shall ensure that the competent authorities of the Member
States
interrelated
investigations and prosecutions under way in several
Member States;

reciprocally

informed

are

on

(c) shall assess whether the investigations and prosecutions in
progress
should be
in two or more Member States
coordinated and, where appropriate, ask the competent
authorities of
those Member States to coordinate those
procedures;

(d) shall assist the Member States, at their request, in ensuring
and
judicial
the
in order to

investigations
invite
to that
the Member States to meet

coordination of

the best possible
prosecutions;
authorities of
consult;

shall

end,

(e) computer crime;

(e) shall contribute towards

international
procedural rules in force;

letters

simplifying the execution of
in accordance with the

rogatory,

(f)

the European Communities’

the protection of
financial
interests, as defined in the Convention of 26 July 1995 (4)
and in the Protocols thereto of 29 November 1996 (5), 19
June 1997 (6) and 27 September 1997 (7);

the proceeds from crime within the
(g) the laundering of
meaning of
the Council of Europe Convention of 8
November 1990 on the same issue and Joint Action
98/699/JHA of 3 December 1998 on the identification,
of
tracing,
instrumentalities and the proceeds from crime (8);

confiscation

freezing,

seizing

and

(f)

in cooperation and consultation with the European Judicial
Network, shall
set up a documentary database to be
constantly updated with the aim of providing legal and
information and assisting the Member States’
practical
judicial authorities by means of advice and
competent
research;

(g) shall assist Europol at

in
particular, with opinions based on analyses carried out by
Europol.

its request, by providing it,

(h) other forms of serious crime committed in connection

with the offences referred to in this Article.

(1) OJ C 26, 30.1.1999, p. 21.
(2) OJ C 26, 30.1.1999, p. 22.
(3) OJ C 149, 28.5.1999, p. 16.
(4) OJ C 316, 27.11.1995, p. 48.
(5) OJ C 151, 20.5.1997, p. 1.
(6) OJ C 221, 19.7.1997, p. 11.
(7) OJ C 313, 23.10.1996, p. 1.
(8) OJ L 333, 9.12.1998, p. 1.

Article 7

National correspondents

1. Where it deems necessary in order
to simplify and
improve its relations with Eurojust, each Member State shall
create or designate one or more national correspondents.

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Official Journal of the European Communities

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The national correspondent may be a contact point of

2.
the European Judicial Network.

Eurojust shall be entitled to ask Europol and the Member

2.
States’ judicial authorities for information.

The national correspondent,

if any, shall centralise and
3.
the information
facilitate the transmission to Eurojust of
referred to in Article 9(1). Relations between the national
correspondent and the competent national authorities shall be
governed by national law.

3. Where a Member State, in accordance with Article 13(1)
of the Convention of 29 May 2000 on Mutual Assistance in
Criminal Matters between the Member States of the European
Union (1), requests the setting up of a joint investigation team,
it shall inform Eurojust thereof.

Article 8

National members

Article 10

Processing of cases

1.

The national members referred to in Article 2:

(a) shall be subject to the national law of their Member State

of origin;

(b) shall also be sent all

information sent to Eurojust from

their Member State of origin;

(c) shall contribute to the exchange of information between
the competent authorities of the Member States and the
national correspondents, where appropriate; they shall also
help coordinate actions for investigations and prosecutions.

2.
Each Member State shall define the nature and extent of
the powers it grants its national member in its own territory.
The other Member State shall undertake to accept and
recognise the prerogatives thus conferred.

the national member

for the obligations linked to data
3. With due respect
in
protection,
accordance with the provisions of his national law, to consult
the criminal record of his Member State of origin, especially
where persons are arrested; subject to the same reservations,
such powers shall permit access to the Schengen information
system.

shall be empowered,

4.
A Member State’s national member may contact his
country’s competent authorities directly according to the
arrangements laid down by it.

Article 9

Information

The judicial authorities of

1.
the Member States and
Europol may exchange with Eurojust any information that is
its tasks, especially where there is
useful
for carrying out
sufficient evidence to warrant
initiating an investigation or
prosecution in several Member States.

In order to perform its tasks, Eurojust shall process the
sphere of

falling within its

cases

1.
data relating to the
competence.

The data shall relate to the facts involving offences
2.
within the meaning of Article 5 and to persons who, under
the national
legislation of the Member States concerned, are
suspected of having committed, or are being prosecuted for,
one or more offences as defined in Article 5.

3.
The data shall relate to the facts and the persons. They
shall be adequate, relevant and not excessive in relation to
their purpose, and sufficiently accurate and complete to enable
Eurojust to fulfil its coordination task. They shall include the
following aspects:

(a)

if they come from the Member States:

(i)

the names,
aliases or assumed names of
investigated;

forenames and, where appropriate,

the
the persons being

(ii)

the description and nature of the facts, the date on
which they were committed, their criminal status, the
level of progress of the investigations;

(iii) the links with the other Member States concerned, the
facts pointing to an international extension of the case
and the known details enabling persons likely to be
involved in the case abroad to be identified and
located;

(b)

if they come from Europol or another body:

(i)

the names,
aliases or assumed names of
investigated;

forenames and, where appropriate,

the
the persons being

(1) OJ C 197, 12.7.2000, p. 1.

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Official Journal of the European Communities

24.8.2000

(ii)

the description and nature of the facts, the date on
which they were committed, their criminal status in
the various Member States concerned, the stage of the
proceedings in each of them;

Article 14

Time limits for the storage of personal data

(iii) an analysis of the coordination requirements.

Article 11

Access to data

1.
Personal data undergoing automatic processing shall be
stored by Eurojust only for as long as is necessary for the
performance of its tasks of coordination of investigations and
prosecutions.

Personal data undergoing automatic processing may not

2.
be stored beyond:

The data received by Eurojust shall be protected. Access to
them may be had, for consultation and investigation purposes,
only by authorised personnel and national members.

(a)

the date on which prosecution is barred under the statute
of limitations of the Member State where the period of
limitation is longest, in so far as two Member States are
still concerned by the investigation and prosecutions;

Article 12

Confidentiality

(b) the date on which the judicial decision of the last of the
investigation or
Member
prosecutions which justified coordination by Eurojust
became final;

concerned

States

the

by

As soon as information is transmitted to Eurojust, the
and the national
if

1.
staff, national
members shall be bound by an obligation of confidentiality.

correspondents,

any,

(c)

the date on which Eurojust and the Member States
concerned mutually established or agreed that it was no
longer necessary to coordinate the investigation and
prosecutions.

The obligation of confidentiality shall apply to all

2.
persons and to all bodies called upon to work with Eurojust.

3.
In any case, a review of the personal data undergoing
automatic processing stored in Eurojust shall be carried out no
later than two years after they were entered, and subsequently
every five years.

Article 13

Amendment, correction and deletion of personal data

During the review referred to in paragraph 3, the States
4.
concerned and Eurojust may decide on continued storage of
data until the next review,
if this is still necessary for the
performance of Eurojust’s tasks.

1.
At the request of a Member State’s competent authorities,
national member or national correspondent, if any, and under
their responsibility, Eurojust shall amend, correct or delete
personal data undergoing automatic processing that are
its national
transmitted or entered by that Member State,
member or its national correspondent.

5. Where Eurojust has coordinated an investigation or
prosecutions, the Member States shall inform Eurojust and the
Member States concerned of all the judicial decisions relating
to the case which have become final, in order, inter alia, that
paragraph 2(b) may be applied.

If it emerges that personal data undergoing automatic
that
storage
input or
this Decision, Eurojust shall

2.
processing are incorrect or
contravenes the provisions of
amend, correct or delete such data.

their

Article 15

Data security

3.
In the cases referred to in paragraphs 1 and 2, all the
addressees of such data shall be notified forthwith. They shall
also subsequently amend, correct or delete those data in their
own systems.

It shall be the responsibility of Eurojust

1.
to take the
technical measures and make the organisational arrangements
needed to implement this Decision as regards data security and
protection.

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framework of

implementation of

2. Within the
this
take the
Decision, Eurojust and each Member State shall
necessary measures to guarantee a level of protection for
personal data at least equivalent to that resulting from the
application of
the Council of Europe
Convention of 28 January 1981.

the principles of

(b) the Member State they represent has an interest in the

case;

(c)

other Member

the
participation.

State

concerned

accept

such

3.
Each Member State, especially where there is a national
correspondent, and Eurojust shall, as regards the treatment of
take the necessary
personal data by the Eurojust services,
measures to:

Article 17

Legal personality

(a) prohibit access to them by unauthorised persons;

Eurojust shall have legal personality.

(b) prevent

them from being read, copied, amended or

withdrawn by unauthorised persons;

(c) prevent, at a more general

level, any intrusion, use or

manipulation by unauthorised persons;

Article 18

Organisation and operation

(d) ensure that the system is reliable and that the data stored

cannot be falsified by an error of manipulation.

1.

Eurojust shall adopt its rules of procedure.

Article 16

Relations with partners

1.
Eurojust and Europol shall establish and maintain close
cooperation, in particular by way of regular meetings between
the heads of the respective bodies.

Eurojust

2.
and the European Judicial Network shall
maintain privileged relations based on consultation and
complementarity, especially between the national member, the
contact points of the same Member State and the national
correspondent, if any.

The Commission (European Anti-fraud Office) may, on a

3.
case-by-case basis, be involved in the processing of a case:

(a) on the initiative of Eurojust;

(b) at its request, where the national members concerned do

not oppose such participation.

4.
The liaison magistrates may, on a case-by-case basis and
on the initiative of Eurojust, be involved in the proceedings
where:

(a)

the coordination of the investigation and the prosecution
involves offences committed in the Member States in
which they perform their duties;

Eurojust

shall be managed

2.
President. The
management team shall consist of at most, in addition to the
President, two Vice-Presidents.

by

a

The President and the two Vice-Presidents, all chosen
3.
from among the national members, shall be appointed by the
Council
in accordance with the procedures provided for in
Title VI of the Treaty, acting on a proposal from the national
members, for a term of four years.

The President, assisted by the Vice-Presidents,

4.
ensure:

shall

(a)

that the tasks of Eurojust are carried out;

(b) the day-to-day administration;

(c) staff management.

5.
In addition to the national members, other officials shall
be seconded by the Council to Eurojust in accordance with the
procedure provided for in Articles 37 and 38 of the Staff
the European Communities. The
Regulations of officials of
President of Eurojust shall take part in the appointment of
these staff and shall assign them so as to ensure that each
national member has the same means at his disposal.

6.
Under the guidance of the President, the staff shall fulfil
its tasks bearing in mind the objectives and mandate of
Eurojust, without seeking or accepting instructions from any
government, authority, organisation or person extraneous to
Eurojust.

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Article 19

Languages

2.
Expenditure relating to the operation of Eurojust other
than that referred to in paragraph 1 shall be covered by Article
41(3) of the Treaty.

Eurojust shall be assisted by a team of interpreters and

1.
translators.

The annual report

2.
to the Council, referred to in the
second subparagraph of Article 20(1), shall be drawn up in the
languages of the European Union institutions.

Article 20

Information of the European Parliament and of the
Council

The President shall report to the Council, in writing and
1.
every year, on his management and on the activities of
Eurojust.

To that end, he shall submit to the Council an annual report
on the activities of Eurojust and on criminal policy problems
within the European Union; the President shall also submit any
report or any other information that may be required of him
by the Council.

Eurojust may also draft proposals in order to improve

2.
judicial cooperation in criminal matters.

Each year the Presidency of the Council shall forward a
3.
special report to the European Parliament on the work carried
out by Eurojust.

3. Where national members act within the framework of
Eurojust’s tasks, the relevant expenditure shall be regarded as
operationing expenditure within the meaning of Article 41(3)
of the Treaty.

For

expenditure not

4.
the
budgetary procedure laid down in the Treaty establishing the
European Community shall apply.

covered by paragraph 1,

Article 22

Location

The headquarters of Eurojust shall be located in (cid:133)

Article 23

Coming into effect

This Decision shall take effect on the first day of the third
month following its publication in the Official Journal of the
European Communities.

Article 21

Finance

Done at (cid:133)

The salaries and emoluments of the national members

1.
shall be borne by their Member State of origin.

For the Council

The President

(cid:133)