2002/187/JHA: Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime
Date: 2002-02-28
Institutions: Council of the European Union
Subjects: Eurojust, fight against crime, organised crime, prevention of delinquency

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

COUNCIL DECISION

of 28 February 2002

setting up Eurojust with a view to reinforcing the fight against serious crime

(2002/187/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Articles 31 and 34(2)(c) thereof,

Having regard to the initiative of
the Federal Republic of
Germany and to that of the Portuguese Republic, the French
Republic,
the Kingdom of Sweden and the Kingdom of
Belgium (1),

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

Whereas:

(1)

(2)

(3)

(4)

(5)

It is necessary to improve judicial cooperation between
the Member States further, in particular in combating
forms of serious crime often perpetrated by transna-
tional organisations.

judicial

effective

improvement of

The
cooperation
between the Member States requires the immediate
adoption of structural measures at European Union level
to facilitate the optimal coordination of action for inves-
tigations and prosecutions covering the territory of more
than one Member State with full respect for fundamental
rights and freedoms.

In order to reinforce the fight against serious organised
crime, the Tampere European Council of 15 and 16
October 1999, in particular in point 46 of its conclu-
sions, decided on the setting up of a unit (Eurojust)
composed of prosecutors, magistrates or police officers
of equivalent competence.

This Eurojust unit is set up by this Decision as a body of
the European Union with legal personality and financed
from the general budget of the European 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 objectives of Regulation (EC) No 1073/1999 of the
European Parliament and of the Council of 25 May
1999 concerning investigations conducted by the Euro-
pean Anti-Fraud Office (OLAF) (3) are also relevant to
Eurojust. The Eurojust College should adopt the neces-
sary implementing measures to achieve those objectives.

(1) OJ C 206, 19.7.2000, p. 1 and
OJ C 243, 24.8.2000, p. 15.

(2) OJ C 34 E, 7.2.2002, p. 347 and opinion delivered on 29

November 2001 (not yet published in the Official Journal).

(3) OJ L 136, 31.5.1999, p. 1.

(6)

(7)

(8)

(9)

It should take full account of the sensitive work carried
out by Eurojust in the context of investigations and
prosecutions. In this connection, OLAF should be denied
access to documents, evidence, reports, notes or infor-
mation, in whatever form, which are held or created in
the course of these activities, whether under way or
already concluded, and the transmission of such docu-
ments, evidence,
reports, notes and information to
OLAF should be prohibited.

In order to be able to attain its objectives as efficiently as
possible, Eurojust should fulfil its tasks either through
one or more of its national members or acting as a
College.

The competent authorities of the Member States should
be able to exchange information with Eurojust
in
accordance with arrangements which serve and observe
the interests of public service.

Eurojust's
to the
jurisdiction is without prejudice
Community's competence to protect its own financial
interests and is also without prejudice to existing
conventions and agreements, in particular the European
Convention on Mutual Assistance in Criminal Matters
(Council of Europe) signed in Strasbourg on 20 April
1959, and also the Convention on Mutual Assistance on
Criminal Matters between the Member States of
the
European Union (4) adopted by the Council on 29 May
2000, and the Protocol (5)
thereto adopted on 16
October 2001.

least

In order to achieve its objectives, Eurojust processes
personal data by automated means or in structured
manual files. Accordingly, the necessary steps should be
taken to guarantee a level of data protection which
to that which results from the
corresponds at
application of the principles of the Convention for the
Protection of
Individuals with regard to Automatic
Processing of Personal Data (Council of Europe) signed
in Strasbourg on 28 January 1981, together with subse-
quent amendments thereto,
in particular the Protocol
opened for signature on 8 November 2001, once such
amendments are in force between the Member States.

(4) OJ C 197, 12.7.2000, p. 3.
(5) OJ C 326, 26.11.2001, p. 2.

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(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

In order to help ensure and check that personal data are
processed properly by Eurojust, a joint supervisory body
should be set up which, given the composition of Euro-
just, should consist of a panel of judges or, if the consti-
tutional or national system of a Member State so
requires, of persons exercising an equivalent function
which gives them sufficient independence. The powers
of this joint supervisory body should be without preju-
dice to the jurisdiction of national courts or to the
arrangements for any appeals which may be brought
before them.

In order to ensure harmonious coordination of
the
various activities pursued by the Union and the
Community and having regard to Article 29 and Article
36(2) of the Treaty, the Commission should be fully
involved in Eurojust's proceedings concerning general
questions and questions coming within its competence.
Eurojust's rules of procedure should detail the arrange-
ments for the Commission to participate in Eurojust's
proceedings in areas within its jurisdiction.

Provisions should be laid down to ensure that Eurojust
and the European Police Office (Europol) (1) establish
and maintain close cooperation.

Eurojust and the European Judicial Network set up by
Joint Action 98/428/JHA (2) should have a privileged
relationship. To that end, the secretariat of the Network
should be placed within the Eurojust secretariat.

In order to facilitate activities of Eurojust, the Member
States should put in place or designate one or more
national correspondents.

Insofar as is necessary for the fulfilment of its tasks, it
should be possible for Eurojust to initiate cooperation
with non-Member States and for agreements to be
concluded to that effect, primarily with the candidate
countries for accession to the Union and other countries
with which arrangements have been agreed.

Since the adoption of this Decision means that major
new legislative measures must be approved in the
Member States, provision should be made for certain
transitional provisions.

Point 57 of the Laeken European Council conclusions of
14 and 15 December 2001 provided for Eurojust to be
able to begin operations in The Hague, pending overall
agreement on the seats of certain agencies.

rights and
This Decision respects
observes the principles recognised by Article 6(2) of the
Treaty and reflected in the Charter of Fundamental
Rights of the European Union,

the fundamental

(1) OJ C 316, 27.11.1995, p. 1.
(2) OJ L 191, 7.7.1998, p. 4.

HAS DECIDED AS FOLLOWS:

Article 1

Establishment and legal personality

This Decision establishes a unit, referred to as ‘Eurojust’, as a
body of the Union.

Eurojust shall have legal personality.

Article 2

Composition

1.
Eurojust shall be composed of one national member
seconded by each Member State in accordance with its legal
system, being a prosecutor, judge or police officer of equivalent
competence.

2.
Each national member may be assisted by one person. If
necessary and with the agreement of the College referred to in
Article 10, several persons may assist the national member.
One of these assistants may replace the national member.

Article 3

Objectives

In the

context of

and prosecutions,
1.
concerning two or more Member States, of criminal behaviour
referred to in Article 4 in relation to serious crime, particularly
when it is organised, the objectives of Eurojust shall be:

investigations

(a) to stimulate and improve the coordination, between the
competent authorities of the Member States, of investiga-
tions and prosecutions in the Member States, taking into
account any request emanating from a competent authority
of a Member State and any information provided by any
body competent by virtue of provisions adopted within the
framework of the Treaties;

(b) to improve cooperation between the competent authorities
of the Member States, in particular by facilitating the execu-
tion of international mutual legal assistance and the imple-
mentation of extradition requests;

(c) to support otherwise the competent authorities of

the
Member States in order to render their investigations and
prosecutions more effective.

2.
In accordance with the rules laid down by this Decision
and at the request of a Member State's competent authority,
investigations and prosecutions
Eurojust may also assist
concerning only that Member State and a non-Member State
where an agreement establishing cooperation pursuant
to
Article 27(3) has been concluded with the said State or where
in a specific case there is an essential interest in providing such
assistance.

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In accordance with the rules laid down by this Decision
3.
and at
the request either of a Member State's competent
authority or of the Commission, Eurojust may also assist inves-
tigations and prosecutions concerning only that Member State
and the Community.

(iv) when otherwise provided for in this Decision.

2. When it fulfils its tasks, Eurojust shall indicate whether it
is acting through one or more of the national members within
the meaning of Article 6 or as a College within the meaning of
Article 7.

Article 4

Competences

Article 6

1.

The general competence of Eurojust shall cover:

Tasks of Eurojust acting through its national members

(a) the types of crime and the offences in respect of which
Europol is at all times competent to act pursuant to Article
2 of the Europol Convention of 26 July 1995;

(b) the following types of crime:

— computer crime,

— fraud and corruption and any criminal offence affecting

the European Community's financial

interests,

— the laundering of the proceeds of crime,

— environmental crime,

— participation in a criminal organisation within the
meaning of Council Joint Action 98/733/JHA of 21
December 1998 on making it a criminal offence to
participate in a criminal organisation in the Member
States of the European Union (1);

(c) other offences committed together with the types of crime

and the offences referred to in points (a) and (b).

2.
For types of offences other than those referred to in
paragraph 1, Eurojust may in addition, in accordance with its
objectives, assist
the
request of a competent authority of a Member State.

in investigations and prosecutions at

Article 5

Tasks of Eurojust

In order to accomplish its objectives, Eurojust shall fulfil

1.
its tasks:

(a) through one or more of the national members concerned

in accordance with Article 6, or

(b) as a College in accordance with Article 7:

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

(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, or

(iii) when a general question relating to the achievement of

its objectives is involved, or

When Eurojust acts through its national members concerned,
it:

(a) may ask the competent authorities of the Member States

concerned to consider:

(i) undertaking an investigation or prosecution of specific

acts;

(ii) accepting that one of them may be in a better position
to undertake an investigation or to prosecute specific
acts;

(iii) coordinating between the competent authorities of the

Member States concerned;

(iv) setting up a joint investigation team in keeping with

the relevant cooperation instruments;

(v) providing it with any information that is necessary for

it to carry out its tasks;

(b) shall ensure that the competent authorities of the Member
States concerned inform each other on investigations and
prosecutions of which it has been informed;

(c) shall assist the competent authorities of the Member States,
at their request, in ensuring the best possible coordination
of investigations and prosecutions;

(d) shall give assistance in order

to improve cooperation

between the competent national authorities;

(e) shall cooperate and consult with the European Judicial
Network, including making use of and contributing to the
improvement of its documentary database;

(f) shall, in the cases referred to Article 3(2) and (3) and with
the agreement of the College, assist investigations and pros-
ecutions concerning the competent authorities of only one
Member State;

(g) may,

in accordance with its objectives and within the
framework of Article 4(1) in order to improve cooperation
and coordination between the competent authorities,
forward requests for judicial assistance when they:

(i) are made by the competent authority of a Member

State;

(ii) concern an investigation or prosecution conducted by

that authority in a specific case, and

(iii) necessitate its intervention with a view to coordinated

(1) OJ L 351, 29.12.1998, p. 1.

action.

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Article 7

Tasks of Eurojust acting as a College

Article 9

National members

When Eurojust acts as a College,

it:

(a) may in relation to the types of crime and the offences
referred to in Article 4(1) ask the competent authorities of
the Member States concerned, giving its reasons:

(i) to undertake an investigation or prosecution of specific

acts;

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

(iii) to coordinate between the competent authorities of the

Member States concerned;

(iv) to set up a joint investigation team in keeping with the

relevant cooperation instruments;

(v) to provide it with any information that is necessary for

it to carry out its tasks;

(b) shall ensure that the competent authorities of the Member
States inform each other of investigations and prosecutions
of which it has been informed and which have repercus-
sions at Union level or which might affect Member States
other than those directly concerned;

(c) shall assist the competent authorities of the Member States,
at their request, in ensuring the best possible coordination
of investigations and prosecutions;

(d) shall give assistance in order to improve cooperation
between the competent authorities of the Member States, in
particular on the basis of Europol's analysis;

(e) shall cooperate and consult with the European Judicial
Network, including making use of and contributing to the
improvement of its documentary database;

(f) may assist Europol, in particular by providing it with opin-

ions based on analyses carried out by Europol;

(g) may supply logistical support in the cases referred to in
points (a), (c) and (d) above. Such logistical support may
include assistance for translation,
interpretation and the
organisation of coordination meetings.

Article 8

Reasons

1.
National members shall be subject to the national law of
their Member State as regards their status. The length of a
national member's term of office shall be determined by the
Member State of origin. It shall be such as to allow Eurojust to
operate properly.

2.
All information exchanged between Eurojust and Member
States, including requests made within the framework of Article
6(a), shall be directed through the national member.

3.
Each Member State shall define the nature and extent of
the judicial powers it grants its national member within its own
territory. It shall also define the right for a national member to
act in relation to foreign judicial authorities, in accordance with
its international commitments. When appointing its national
member and at any other time if appropriate, the Member State
shall notify Eurojust and the Council General Secretariat of its
decision so that the latter can inform the other Member States.
The latter shall undertake to accept and recognise the preroga-
tives thus conferred insofar as they are in conformity with
international commitments.

In order

4.
the national
to meet Eurojust's objectives,
member shall have access to the information contained in the
national criminal records or in any other register of his
Member State in the same way as stipulated by his national law
in the case of a prosecutor, judge or police officer of equivalent
competence.

A national member may contact the competent authori-

5.
ties of his Member State directly.

In the performance of his tasks a national member shall,
6.
where appropriate, make it known whether he is acting in
accordance with the judicial powers granted to him under
paragraph 3.

Article 10

College

The College shall consist of all the national members.

1.
Each national member shall have one vote.

If the competent authorities of the Member State concerned
decide not to comply with a request referred to in Article 7(a),
they shall inform Eurojust of their decision and of the reasons
for it unless, in the cases referred to in Article 7(a)(i), (ii) and
(v), they are unable to give their reasons because:

(i) to do so would harm essential national security interests, or

(ii) to do so would jeopardise the success of investigations

under way or the safety of individuals.

2.
After consulting the joint supervisory body provided for
in Article 23 as regards the provisions on the processing of
personal data, the Council shall approve Eurojust's rules of
procedure on a proposal from the College which has previ-
ously been adopted unanimously by the latter. The provisions
of the rules of procedure which concern the processing of
personal data may be made the subject of separate approval by
the Council.

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3. When acting in accordance with Article 7(a), the College
shall take its decisions by a two-thirds majority. Other deci-
sions of the College shall be taken in accordance with the rules
of procedure.

Article 11

Role of the Commission

1.
The Commission shall be fully associated with the work
of Eurojust, in accordance with Article 36(2) of the Treaty. It
shall participate in that work in the areas within its compet-
ence.

2.
As regards work carried out by Eurojust on the coordina-
tion of investigations and prosecutions, the Commission may
be invited to provide its expertise.

For the purpose of enhancing cooperation between Euro-
3.
just and the Commission, Eurojust may agree on necessary
practical arrangements with the Commission.

Article 12

National correspondents

Each Member State may put in place or appoint one or
1.
more national correspondents. It shall be a matter of high
priority to put in place or appoint such a correspondent for
terrorism matters. Relations between the national correspon-
dent and the competent authorities of the Member States shall
be governed by national law. A national correspondent shall
have his place of work in the Member State which appointed
him.

2. Where a Member State appoints a national correspon-
dent, he may be a contact point of the European Judicial
Network.

3.
Relations between the national member and the national
correspondent shall not preclude direct relations between the
national member and his competent authorities.

Article 13

Exchanges of information with the Member States and
between national members

1.
The competent authorities of the Member States may
exchange with Eurojust any information necessary for the
performance of its tasks in accordance with Article 5.

2.
In accordance with Article 9, the national members of
Eurojust shall be empowered to exchange any information
its tasks, without prior
necessary for the performance of
authorisation, among themselves or with their Member State's
competent authorities.

Article 14

carry out its tasks, process personal data, by automated means
or in structured manual files.

2.
Eurojust shall take the necessary measures to guarantee a
level of protection for personal data at least equivalent to that
resulting from the application of the principles of the Council
of Europe Convention of 28 January 1981 and subsequent
amendments thereto where they are in force in the Member
States.

3.
Personal data processed by Eurojust shall be adequate,
relevant and not excessive in relation to the purpose of the
processing, and, taking into account the information provided
by the competent authorities of the Member States or other
partners in accordance with Articles 13 and 26, accurate and
up-to-date. Personal data processed by Eurojust
shall be
processed fairly and lawfully.

4.
In accordance with this Decision, Eurojust shall establish
an index of data relating to investigations and may establish
temporary work files which also contain personal data.

Article 15

Restrictions on the processing of personal data

1. When processing data in accordance with Article 14(1),
Eurojust may process only the following personal data on
legislation of the Member
persons who, under the national
States concerned, are the subject of a criminal investigation or
prosecution for one or more of the types of crime and the
offences defined in Article 4:

(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;

(g) information concerning legal persons if it includes informa-
tion relating to identified or identifiable individuals who are
the subject of a judicial

investigation or prosecution;

(h) bank accounts and accounts with other financial institu-

tions;

(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;

Processing of personal data

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

Insofar as it is necessary to achieve its objectives, Eurojust
1.
may, within the framework of its competence and in order to

(k) details relating to alleged membership of a criminal organ-

isation.

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2. When processing data in accordance with Article 14(1),
Eurojust may process only the following personal data 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 defined in Article 4:

(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 investiga-
tions.

However, in exceptional cases, Eurojust may also, for a
3.
limited period of time, process other personal data relating to
the circumstances of an offence where they are immediately
relevant to and included in ongoing investigations which Euro-
just is helping to coordinate, provided that the processing of
such specific data is in accordance with Articles 14 and 21.

The Data Protection Officer referred to in Article 17 shall be
informed immediately of recourse to this paragraph.

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 necessary for the national investiga-
tions concerned as well as for coordination within Eurojust.

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 16(1).

Where such other data refer to witnesses or victims within the
meaning of paragraph 2, the decision to process them shall be
taken by the College.

Article 16

Index and temporary work files

1.
In order to achieve its objectives, Eurojust shall maintain
an automated data file constituting an index of data relating to
investigations in which non-personal data and personal data
referred to in Article 15(1)(a) to (i) and (k) and paragraph 2
may be stored. That index shall be intended to:

(a) support the management and coordination of investiga-
in

tions and prosecutions which Eurojust
particular by the cross-referencing of information;

is assisting,

(b) facilitate access to information on ongoing investigations

and prosecutions;

(c) facilitate the monitoring of lawfulness and compliance with
the provisions of this Decision concerning the processing
of personal data.

The index shall contain references to temporary work

2.
files processed within the framework of Eurojust.

3.
In the performance of their duties under Articles 6 and 7,
the national members of Eurojust may process data on the
individual cases on which they are working in a temporary
work file. They shall allow the Data Protection Officer and, if
the other national members and
the College so decides,
employees authorised to access files to have access to the work
file. Each new work file that contains personal data shall be
communicated to the Data Protection Officer.

Article 17

Data Protection Officer

1.
Eurojust shall have a specially appointed Data Protection
Officer, who shall be a member of
the staff. Within that
the
framework, he shall be under the direct authority of
College. In the performance of the duties referred to in this
Article, he shall take instructions from no-one.

The Data Protection Officer shall in particular have the

2.
following tasks:

(a) ensuring,

in an independent manner,

lawfulness and
compliance with the provisions of this Decision concerning
the processing of personal data;

(b) ensuring that a written record of the transmission and
receipt, for the purposes of Article 19(3) in particular, of
personal data is kept in accordance with the provisions to
be laid down in the rules of procedure, under the security
conditions laid down in Article 22;

(c) ensuring that data subjects are informed of their rights

under this Decision at their request.

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

4. When he finds that
complied with this Decision, the Officer shall:

in his view processing has not

(a) inform the College, which shall acknowledge receipt of the

information;

(b) refer the matter to the joint supervisory body if the College
has not resolved the non-compliance of the processing
within a reasonable time.

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Article 18

whether or not the decision taken by Eurojust is in conformity
with this Decision.

Authorised access to personal data

Only national members and their assistants referred to in
Article 2(2) and authorised Eurojust staff may, for the purpose
of achieving Eurojust's objectives, have access to personal data
processed by Eurojust.

The competent

law enforcement authorities of

9.
the
Member States shall be consulted by Eurojust before a decision
is taken. They shall subsequently be notified of its contents
through the national members concerned.

Article 19

Article 20

Right of access to personal data

Correction and deletion of personal data

1.
Every individual shall be entitled to have access to
personal data concerning him processed by Eurojust under the
conditions laid down in this Article.

Any individual wishing to exercise his right

2.
to have
access to data concerning him which are stored at Eurojust, or
to have them checked in accordance with Article 20, may
make a request to that effect free of charge in the Member State
of his choice, to the authority appointed for that purpose in
that Member State, and that authority shall refer it to Eurojust
without delay.

The right of any individual to have access to personal
3.
data concerning him or to have them checked shall be exer-
cised in accordance with the laws and procedures of
the
Member State in which the individual has made his request. If,
however, Eurojust can ascertain which authority in a State
transmitted the data in question, that authority may require
that the right of access be exercised in accordance with the
rules of the law of that Member State.

4.

Access to personal data shall be denied if:

(a) such access may jeopardise one of Eurojust's activities;

(b) such access may jeopardise any national

investigation

which Eurojust is assisting;

(c) such access may jeopardise the rights and freedoms of third

parties.

The decision to grant this right of access shall take due
5.
account of the status, with regard to the data stored by Euro-
just, of those individuals submitting the request.

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.
If access is denied or if no personal data concerning the
applicant are processed by Eurojust, the latter shall notify the
applicant that it has carried out checks, without giving any
information which could reveal whether or not the applicant is
known.

In accordance with Article 19(3), every individual shall be
1.
entitled to ask Eurojust
to correct, block or delete data
concerning him if they are incorrect or incomplete or if their
input or storage contravenes this Decision.

2.
Eurojust shall notify the applicant if it corrects, blocks or
deletes the data concerning him. If the applicant is not satisfied
with Eurojust's reply, he may refer the matter to the Joint
Supervisory Body within thirty days of receiving Eurojust's
decision.

3.
At the request of a Member State's competent authorities,
national member or national correspondent, if any, and under
their responsibility, Eurojust shall, in accordance with its rules
of procedure, correct or delete personal data being processed
by Eurojust which were transmitted or entered by that Member
State, its national member or its national correspondent. The
Member States' competent authorities and Eurojust, including
the national member or national correspondent, if any, shall in
this context ensure that the principles laid down in Article
14(2) and (3) and in Article 15(4) are complied with.

4.
If it emerges that personal data processed by Eurojust are
incorrect or incomplete or that their input or storage contra-
venes the provisions of this Decision, Eurojust shall block,
correct or delete such data.

5.
In the cases referred to in paragraphs 3 and 4, all the
suppliers and addressees of such data shall be notified imme-
diately. In accordance with the rules applicable to them, the
addressees, shall then correct, block or delete those data in
their own systems.

Article 21

Time limits for the storage of personal data

1.
Personal data processed by Eurojust shall be stored by
Eurojust for only as long as is necessary for the achievement of
its objectives.

The personal data referred to in Article 14(1) which have

2.
been processed by Eurojust may not be stored beyond:

8.
If the applicant is not satisfied with the reply given to his
request, he may appeal against that decision before the joint
supervisory body. The joint supervisory body shall examine

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

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(b) the date on which the judicial decision of the last of the
Member States concerned by the investigation or prosecu-
tions which justified coordination by Eurojust became final;

(c) prevent the unauthorised input of data and the unauthor-
ised inspection, modification or deletion of stored personal
data;

(c) 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 invest-
igation and prosecutions.

(d) prevent the use of automated data processing systems by
unauthorised persons using data communication equip-
ment;

3.

(a) Observance of the storage periods referred to in para-
graph 2 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.

(b) When one of the storage deadlines referred to in para-
graph 2 has expired, Eurojust shall review the need to
store the data longer in order to enable it to achieve its
objectives and it may decide by way of derogation to
store those data until the following review.

(c) Where data has been stored by way of derogation
pursuant to point (b) a review of the need to store
those data shall take place every three years.

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

5. Where Eurojust has coordinated an investigation or pros-
ecutions, the national members concerned shall inform Euro-
just and the other 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.

Article 22

Data security

Eurojust and,

1.
insofar as it is concerned by data trans-
mitted from Eurojust, each Member State, shall, as regards the
processing of personal data within the framework of
this
Decision, protect personal data against accidental or unlawful
destruction, accidental loss or unauthorised disclosure, altera-
tion and access or any other unauthorised form of processing.

2.
The rules of procedure shall contain the technical meas-
ures and the organisational arrangements needed to implement
this Decision with regard to data security and in particular
measures designed to:

(a) deny unauthorised persons access to data processing equip-

ment used for processing personal data;

(b) prevent the unauthorised reading, copying, modification or

removal of data media;

(e) ensure that persons authorised to use an automated data
processing system only have access to the data covered by
their access authorisation;

(f) ensure that it is possible to verify and establish to which
bodies personal data are transmitted when data are
communicated;

(g) ensure that it is subsequently possible to verify and estab-
lish which personal data have been input into automated
data processing systems and when and by whom the data
were input;

(h) prevent unauthorised reading, copying, modification or
deletion of personal data during transfers of personal data
or during transportation of data media.

Article 23

Joint Supervisory Body

An independent joint supervisory body shall be estab-
1.
lished to monitor collectively the Eurojust activities referred to
in Articles 14 to 22 in order to ensure that the processing of
personal data is carried out in accordance with this Decision. In
order to fulfil these tasks, the Joint Supervisory Body shall be
entitled to have full access to all files where such personal data
are processed. Eurojust shall provide the Joint Supervisory
Body with all information from such files that it requests and
shall assist that body in its tasks by every other means.

The Joint Supervisory Body shall meet at least once in each half
year. It shall also meet within the three months following the
lodging of an appeal and may be convened by its chairman
when at least two Member States so request.

In order to set up the Joint Supervisory Body, each Member
State, acting in accordance with its legal system, shall appoint a
judge who is not a member of Eurojust, or, if its constitutional
or national system so requires a person holding an office giving
him sufficient independence, for inclusion on the list of judges
who may sit on the Joint Supervisory Body as members or ad
hoc judges. No such appointment shall be for less than
eighteen months. Revocation of
the appointment shall be
governed by the principles for removal applicable under the
national law of the Member State of origin. Appointment and
removal shall be communicated to both the Council General
Secretariat and Eurojust.

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The Joint Supervisory Body shall be composed of three
2.
permanent members and, as provided for in paragraph 4, ad
hoc judges.

Complaints against Eurojust pursuant

to the liability
2.
referred to in paragraph 1 shall be heard by the courts of the
Member State where its headquarters are situated.

A judge appointed by a Member State shall become a
3.
permanent member one year before his Member State assumes
the Presidency of the Council and shall remain a permanent
member for eighteen months.

Each Member State shall be liable, in accordance with its
3.
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.

The judge appointed by the Member State holding the Presi-
dency of the Council shall chair the Joint Supervisory Body.

4.
One or more ad hoc judges shall also have seats, but only
for the duration of the examination of an appeal concerning
personal data from the Member State which has appointed
them.

The composition of

5.
the Joint Supervisory Body shall
remain the same for the duration of an appeals procedure even
if the permanent members have reached the end of their term
of office pursuant to paragraph 3.

6.
Each member and ad hoc judge shall be entitled to one
vote. In the event of a tied vote, the chairman shall have the
casting vote.

The

Joint Supervisory Body shall

7.
examine appeals
submitted to it in accordance with Article 19(8) and Article
20(2) and carry out controls in accordance with paragraph 1,
first subparagraph, of this Article. If the Joint Supervisory Body
considers that a decision taken by Eurojust or the processing of
data by it is not compatible with this Decision, the matter shall
be referred to Eurojust, which shall accept the decision of the
Joint Supervisory Body.

Decisions of the Joint Supervisory Body shall be final and

8.
binding on Eurojust.

9.
The persons appointed by the Member States in accord-
ance with paragraph 1, third subparagraph, presided over by
the Joint Supervisory Body, shall adopt
the chairman of
the
internal rules of procedure which,
examination of appeals,
lay down objective criteria for the
appointment of the Body's members.

for the purpose of

10.
Secretariat costs shall be borne by the Eurojust budget.
The secretariat of the Joint Supervisory Body shall enjoy inde-
pendence in the discharge of its function within the Eurojust
secretariat.

The members of

11.
the Joint Supervisory Body shall
be subject to the obligation of confidentiality laid down in
Article 25.

The Joint Supervisory Body shall submit an annual

12.
report to the Council.

Article 24

Liability for unauthorised or incorrect processing of data

1.
Eurojust shall be liable, in accordance with the national
law of the Member State where its headquarters are situated,
for any damage caused to an individual which results from
unauthorised or incorrect processing of data carried out by it.

Article 25

Confidentiality

1.
The national members and their assistants referred to in
Article 2(2), Eurojust staff and national correspondents, if any,
and the Data Protection Officer shall be bound by an obliga-
tion of confidentiality, without prejudice to Article 9(1).

The obligation of confidentiality shall apply to all persons

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

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

4. Without prejudice to Article 9(1), the obligation of confi-
dentiality shall apply to all information received by Eurojust.

Article 26

Relations with partners

1.
Eurojust shall establish and maintain close cooperation
with Europol, in so far as is relevant for the performance of the
tasks of Eurojust and for achieving its objectives,
taking
account of the need to avoid duplication of effort. The essential
elements of such cooperation shall be determined by an agree-
ment to be approved by the Council, after consultation of the
Joint Supervisory Body concerning the provisions on data
protection.

2.
Eurojust shall maintain privileged relations with the Euro-
pean Judicial Network based on consultation and complemen-
tarity, especially between the national member, the contact
points of the same Member State and the national correspon-
dent,
In order to ensure efficient cooperation the
following measures shall be taken:

if any.

(a) Eurojust shall have access to centralised information from
the European Judicial Network in accordance with Article 8
of Joint Action 98/428/JHA and to the telecommunication
network set up under Article 10 of the said Joint Action;

the secretariat of

(b) by way of derogation from Article 9(3) of Joint Action
98/428/JHA,
the European Judicial
Network shall form part of the Eurojust secretariat. It shall
function as a separate and autonomous unit. It shall be able
to draw on the resources of Eurojust which are necessary
for the performance of the European Judicial Network's
tasks. The rules applying to Eurojust staff shall apply to the
staff of the European Judicial Network's secretariat where
this is not incompatible with the operational autonomy of
the European Judicial Network's secretariat;

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(c) The national members of Eurojust may attend meetings of
the European Judicial Network at the invitation of the
latter. European Judicial Network contact points may be
invited on a case-by-case basis to attend Eurojust meetings.

contain provisions concerning arrangements for the second-
ment of liaison officers or liaison magistrates to Eurojust. They
may also contain provisions concerning the exchange of
personal data. In that event the Joint Supervisory Body shall be
consulted by Eurojust.

3.
Eurojust shall establish and maintain close cooperation
with OLAF. To that end, OLAF may contribute to Eurojust's
work to coordinate investigations and prosecution procedures
regarding the protection of
the
Communities, either on the initiative of Eurojust or at the
request of OLAF where the competent national authorities
concerned do not oppose such participation.

the financial

interests of

shall ensure that

4.
For purposes of the receipt and transmission of informa-
tion between Eurojust and OLAF, and without prejudice to
Article 9, Member States
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 of 25 May 1999 concerning investigations conducted by
the European Anti-Fraud Office (OLAF) (1). 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 these regulations.

5.
Eurojust may, in order to accomplish its objectives, estab-
lish contacts and exchange experiences of a non-operational
nature with other bodies,
in particular international organ-
isations.

6.
Eurojust may, on a case-by-case basis, cooperate with
liaison magistrates of the Member States, within the meaning
Joint Action 96/277/JHA of 22 April 1996
of Council
concerning a framework for the exchange of liaison magistrates
to improve judicial cooperation between the Member States of
the European Union (2).

Article 27

Exchanges of information with partners

1.
In accordance with this Decision, Eurojust may exchange
any information necessary for the performance of its tasks
with:

(a) bodies competent by virtue of provisions adopted within

the framework of the Treaties;

(b) international organisations and bodies;

(c) authorities of third States which are competent for investi-

gations and prosecutions.

2.
Before Eurojust exchanges any information with the enti-
ties referred to in paragraph 1(b) and (c), the national member
of the Member State which submitted the information shall
give his consent to the transfer of that information. In appro-
priate cases the national member shall consult the competent
authorities of the Member States.

Eurojust may

3.
agreements,
approved by the Council, with third States and the entities
referred to in paragraph 1. Such agreements may, in particular,

cooperation

conclude

(1) OJ L 136, 31.5.1999, p. 8.
(2) OJ L 105, 27.4.1996, p. 1.

To resolve urgent matters, Eurojust may also cooperate with
the entities referred to in paragraph 1(b) and (c) without
such
concluding an agreement with them provided that
cooperation does not involve the transmission of personal data
to them by Eurojust.

4. Without prejudice to paragraph 3, the transmission of
personal data by Eurojust to the entities referred to in para-
graph 1(b) and to the authorities referred to in paragraph 1(c)
of third States which are not subject to the Council of Europe
Convention of 28 January 1981 may be effected only when an
adequate level of data protection is ensured.

substantial

failure, or

Any subsequent

5.
likelihood of
failure, on the part of the third States or entities referred to in
paragraph 1(b) and (c) to meet the conditions referred to in
paragraph 4 shall immediately be communicated by Eurojust to
the Joint Supervisory Body and the Member States concerned.
The Joint Supervisory Body may prevent the further exchange
of personal data with the relevant entities until it is satisfied
that adequate remedies have been provided.

6.
However, even if the conditions referred to in paragraphs
3 and 4 are not fulfilled, a national member may, acting in his
national capacity, by way of exception and with the sole aim of
taking urgent measures to counter imminent serious danger
threatening a person or public security, carry out an exchange
of information involving personal data. The national member
the legality of authorising the
shall be responsible for
communication. The national member shall keep a record of
communications of data and of the grounds for such commu-
nications. The communication of data shall be authorised only
if the recipient gives an undertaking that the data will be used
only for the purpose for which it was communicated.

Article 28

Organisation and operation

The College shall be responsible for the organisation and

1.
operation of Eurojust.

The College shall elect a President

2.
from among the
national members and may, if it considers it necessary, elect at
most two Vice-Presidents. The result of the election shall be
submitted to the Council for its approval.

The President shall exercise his duties on behalf of the
3.
College and under its authority, direct its work and monitor the
daily management ensured by the Administrative Director. The
rules of procedure shall specify the cases in which his decisions
or actions shall require prior authorisation or a report to the
College.

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The term of office of the President shall be three years.
4.
He may be re-elected once. The term of office of any Vice-Pres-
ident(s) shall be governed by the rules of procedure.

Eurojust shall be assisted by a secretariat headed by an

5.
Administrative Director.

6.
Eurojust shall exercise over its staff the powers devolved
to the Appointing Authority. The College shall adopt appro-
priate rules for the implementation of this paragraph in accord-
ance with the rules of procedure.

Article 29

Administrative Director

The Administrative Director of Eurojust

1.
shall be
appointed unanimously by the College. The College shall set up
a selection board which, following a call for applications, shall
establish a list of candidates from among whom the College
shall choose the Administrative Director.

The term of office of the Administrative Director shall be

2.
five years. It shall be renewable.

3.
The Administrative Director shall be subject to the rules
and regulations applicable to officials and other servants of the
European Communities.

The Administrative Director

4.
the
authority of the College and its President, acting in accordance
with Article 28(3). He may be removed from office by the
College by a two-thirds majority.

shall work under

government, authority, organisation or person extraneous to
Eurojust.

Article 31

Assistance with interpreting and translation

The official

1.
apply to Eurojust proceedings.

linguistic arrangements of the Union shall

2.
The annual report to the Council, referred to in the
second subparagraph of Article 32(1), shall be drawn up in the
official

languages of the Union institutions.

Article 32

Information to the European Parliament and the Council

1.
The President, on behalf of the College, shall report to the
Council in writing every year on the activities and manage-
including budgetary management, of Eurojust.
ment,

To that end, the College shall prepare an annual report on the
activities of Eurojust and on any criminal policy problems
within the Union highlighted as a result of Eurojust's activities.
In that report, Eurojust may also make proposals for the
improvement of judicial cooperation in criminal matters.

The President shall also submit any report or any other infor-
mation on the operation of Eurojust which may be required of
him by the Council.

5.
The Administrative Director shall be responsible, under
the supervision of the President, for the day-to-day administra-
tion of Eurojust and for staff management.

2.
Each year the Presidency of the Council shall forward a
report to the European Parliament on the work carried out by
Eurojust and on the activities of the Joint Supervisory Body.

Article 30

Staff

Article 33

Finance

1.
Eurojust staff shall be subject to the rules and regulations
applicable to the officials and other servants of the European
Communities, particularly as regards their recruitment and
status.

2.
Eurojust staff shall consist of staff recruited according to
the rules and regulations referred to in paragraph 1, taking into
account all the criteria referred to in Article 27 of the Staff
Regulations of Officials of the European Communities laid
down by Regulation (EEC, Euratom, ECSC) No 259/68 (1),
including their geographical distribution. They shall have the
status of permanent staff, temporary staff or local staff. At the
request of the Administrative Director, and in agreement with
the President on behalf of the College, Community officials
may be seconded to Eurojust by the Community institutions as
temporary staff. Member States may second national experts to
Eurojust. For this last case, the College shall adopt the neces-
sary implementing arrangements.

3.
Under the authority of the College, the staff shall carry
out its tasks bearing in mind the objectives and mandate of
Eurojust, without seeking or accepting instructions from any

(1) OJ L 56, 4.3.1968. Regulation as last amended by Regulation (EC,
ECSC, Euratom) No 2581/2001 (OJ L 345, 29.12.2001, p. 1).

1.
The salaries and emoluments of the national members
and assistants referred to in Article 2(2) shall be borne by their
Member State of origin.

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

Article 34

Budget

1.
Forecasts shall be made of all Eurojust revenue and
expenditure for each financial year, which shall be the same as
the calendar year. Revenue and expenditure shall be entered in
the budget, which shall include the establishment plan which
shall be submitted to the budget authority competent for the
general budget of the European Union. The establishment plan
shall consist of posts of a permanent or temporary nature and
a reference to national experts seconded, and shall state the
number, grade and category of the staff employed by Eurojust
for the financial year in question.

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Revenue and expenditure shall be balanced in the Euro-

2.
just budget.

accordance with Article 142 of the Financial Regulation applic-
able to the general budget of the European Communities (1).

3. Without prejudice to other resources, Eurojust revenue
may include a subsidy entered in the general budget of the
European Union.

4.
Eurojust expenditure shall include inter alia expenditure
relating to interpreters and translators, expenditure on security,
administrative and infrastructure expenditure, operational and
rental costs, travel expenses of members of Eurojust and its
staff and costs arising from contracts with third parties.

Article 35

Drawing up of the budget

Each year the Administrative Director shall draw up a
1.
preliminary draft Eurojust budget covering expenditure for the
following financial year. He shall submit this preliminary draft
to the College.

Not later than 1 March each year, the College shall adopt
2.
the draft budget for the following year and shall submit it to
the Commission.

3.
On the basis of that draft budget, the Commission shall
propose, within the framework of the budget procedure, the
annual subsidy to be fixed for the Eurojust budget.

4.
On the basis of the annual subsidy thus determined by
the budget authority competent for the general budget of the
European Union, the College shall adopt the Eurojust budget at
the beginning of each financial year, and adjust it to the various
contributions made to Eurojust and the funds coming from
other sources.

Article 36

Implementation of the budget and discharge

1.
The Administrative Director shall, as authorising officer,
implement the Eurojust budget. He shall report to the College
on the implementation of the budget.

No later than 31 March each year, the President, assisted by the
Administrative Director, shall submit to the European Parlia-
ment, the Court of Auditors and the Commission detailed
accounts of all revenue and expenditure for the previous finan-
cial year. The Court of Auditors shall examine them in accord-
ance with Article 248 of the Treaty establishing the European
Community.

2.
The European Parliament, on a recommendation from the
Council, shall give a discharge to Eurojust in respect of imple-
mentation of the budget before 30 April of year n + 2.

Article 37

Article 38

Audit

An audit of commitments and payments in respect of all
1.
expenditure and the supervision of
the establishment and
collection of all Eurojust revenue shall be carried out by a
financial controller appointed by the College.

2.
The College shall appoint an internal auditor who shall
be responsible in particular for providing, in accordance with
the relevant international standards, an assurance regarding the
proper functioning of the systems and procedures for imple-
menting the budget. The internal auditor may not be either the
authorising officer or the accountant. The College may ask the
Commission's internal auditor to carry out these duties.

3.
The auditor shall report his findings and recommenda-
tions to Eurojust and submit a copy of the report to the
Commission. Eurojust shall, in the light of the auditor's reports,
take the necessary measures in response to these recommenda-
tions.

4.
The rules laid down by Regulation (EC) No 1073/1999
shall apply to Eurojust. The College shall adopt the necessary
implementing measures.

Article 39

Access to documents

On the basis of a proposal by the Administrative Director, the
College shall adopt rules for access to Eurojust documents,
taking account of the principles and limits stated in Regulation
(EC) No 1049/2001 of the European Parliament and of the
Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (2).

Article 40

Territorial application

This Decision shall apply to Gibraltar, which shall be repre-
sented by the national member for the United Kingdom.

Article 41

Transitional provisions

the Provisional

The national members of

1.
Judicial
Cooperation Unit appointed by the Member States under the
Council Decision 2000/799/JHA of 14 December 2000 setting
up a Provisional Judicial Cooperation Unit (3) shall take on the
role of national member of Eurojust under Article 2 of this
Decision until
the Member State
concerned is definitively appointed but not after the end of the
second month after the entry into force of this Decision, on
which date their functions shall cease.

the national member of

Financial regulation applicable to the budget

The financial regulation applicable to the Eurojust budget shall
be adopted unanimously by the College, having received the
opinions of the Commission and of the Court of Auditors, in

(1) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regula-
tion (EC, ECSC, Euratom) No 762/2001 (OJ L 111, 20.4.2001,
p. 1).

(2) OJ L 145, 31.5.2001, p. 43.
(3) OJ L 324, 21.12.2000, p. 2.

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As such, the national members of the Provisional Unit shall
enjoy all the powers of national members under this Decision.

shall pursue at least the same objectives and perform the same
functions as the Provisional Judicial Cooperation Unit.

The definitive appointment of a national member shall take
effect on the day designated by the Member State for that
purpose when notifying the General Secretariat of the Council
by official post.

2.
During the three months following the entry into force of
this Decision, a Member State may declare that until the date
laid down in Article 42 it will not apply to certain Articles, in
particular Articles 9 and 13, on the grounds that such applica-
tion is not compatible with its national
law. The General
Secretariat of the Council shall inform the Member States and
the Commission of any such declaration.

3.
As long as the Council has not approved Eurojust's rules
of procedure the College shall take all its decisions by a two-
thirds majority save where this Decision provides for a unani-
mous decision.

4.
The Member States shall ensure that until the definitive
establishment of Eurojust all measures necessary are taken to
guarantee that all cases dealt with by the Provisional Judicial
Cooperation Unit, in particular in connection with the coordi-
nation of investigations and prosecutions, can continue to be
dealt with effectively by national members. National members

Article 42

Transposition

If necessary the Member States shall bring their national law
into conformity with this Decision at the earliest opportunity
and in any case no later than 6 September 2003.

Article 43

Entry into force

This Decision shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities without
prejudice to Article 41. On that date the Provisional Judicial
Cooperation Unit shall cease to exist.

Done at Brussels, 28 February 2002.

For the Council

The President

A. ACEBES PANIAGUA