Initiative of the Kingdom of Belgium, the Czech Republic, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden with a view to adopting a Council Decision of … on the strengthening of Eurojust and amending Decision 2002/187/JHA
Date: 2008-02-27
Institutions: Austria, Belgium, Czechia, Estonia, France, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden
Subjects: Eurojust, administrative transparency, fight against crime, judicial cooperation in criminal matters in the EU, operation of the Institutions, powers of the institutions (EU)

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III

(Preparatory Acts)

COUNCIL

Initiative of the Kingdom of Belgium, the Czech Republic, the Republic of Estonia, the Kingdom of
Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of
the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the
Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden with a view to adopting a
Council Decision of … on the strengthening of Eurojust and amending Decision 2002/187/JHA

(2008/C 54/02)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the initiative of the Kingdom of Belgium, the
Czech Republic, the Republic of Estonia, the Kingdom of Spain,
the French Republic, the Italian Republic, the Grand Duchy of
Luxembourg, the Kingdom of the Netherlands, the Republic of
Austria, the Republic of Poland, the Portuguese Republic, the
Republic of Slovenia, the Slovak Republic and the Kingdom of
Sweden with a view to adopting a Council Decision concerning
the
amending Decision
2002/187/JHA,

strengthening

Eurojust

and

of

Having regard to the Opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

Eurojust was set up by Decision 2002/187/JHA (1) as a
body of the EU with legal personality to stimulate and
improve coordination and cooperation between compe-
tent judicial authorities of the Member States.

After more than 5 years,
it is now time to assess the
experience gained by Eurojust and further to enhance its
operational effectiveness by taking account of that experi-
ence.

The time has come to ensure that Eurojust becomes
more operational
status of national
members are approximated.

and that

the

(1) OJ L 63, 6.3.2002, p. 1. Decision as amended by Decision

2003/659/JHA (OJ L 245, 29.9.2003, p. 44).

(4)

(5)

(6)

The setting up of an Emergency Coordination Cell within
Eurojust is necessary to make Eurojust available around
the clock and enable it to intervene in urgent cases.

for

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 terrorism matters, the national corre-
the European Judicial Network, other
spondent
the European Judicial Network and
contact points of
representatives in the Network for Joint
Investigation
Teams and of the Networks set up by Council Decision
2002/494/JHA (2)
(war crime networks), Council Deci-
sion 2007/845/JHA (3) (asset recovery offices) and by any
forthcoming decision on a contact point network against
corruption.

The issue of duplication of efforts and clarification of the
division of work between Eurojust and the European
Judicial Network needs to be resolved, while maintaining
the specificity of the European Judicial Network. While
maintaining its specificity as a network and its national
and operational capacities, the European Judicial Network
should be able to draw on the Community budget for
operational expenses.

(7)

It is also necessary to strengthen Eurojust's capacity to
work with external partners, such as third countries,
Europol, OLAF and Frontex.

(2) Council Decision 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 (OJ L 167, 26.6.2002, p. 1).

(3) Council Decision 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 (OJ L 332, 18.12.2007, p. 103).

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(8)

Provision should be made for Eurojust to second liaison
magistrates to third countries,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2002/187/JHA is hereby amended as follows:

1.

in Article 2:

(a) paragraph 2 shall be replaced by the following:

‘2.
Each national member shall be assisted by one
deputy and by another person as an assistant member.
The national member or,
in his absence, his deputy
shall be required to have their permanent place of work
at the seat of Eurojust. If necessary and with the agree-
ment of the College referred to in Article 10, several
persons may assist the national member, either as assis-
tants or as seconded national experts under Article 30.’;

(b) the following paragraphs shall be added:

‘3.
The deputy shall replace the national member in
case of absence. An assistant may also replace the
national member. To replace the national member, the
deputy and the assistant shall fulfil the criteria provided
for in paragraph 1.

2.
The ECC shall be composed of one representative per
Member State, who may be either the national member, his
or her deputy, or an assistant entitled to replace the
national member. The ECC shall be contactable and able to
act on an around the clock basis.

3. When in urgent cases a request for judicial coopera-
tion needs to be executed in several Member States, the
competent authority may forward it to the ECC through
the representative of its Member State in the ECC. The
representative of the Member State concerned in the ECC
shall transmit the request to the competent authorities of
the relevant Member States
for execution. Where no
competent national authority has been identified or it is
not possible to identify it in a timely manner, the member
of the ECC shall have the power to execute the request
himself.

The representative referred to in paragraph 2 may use
4.
the powers conferred on him under Article 9a with a view
to following up decisions taken in the ECC including,
where applicable, the power to execute the request referred
to in paragraph 3.

5.
Eurojust shall take the necessary measures to ensure
that national authorities can easily and at any time contact
the ECC directly.’;

4.
Eurojust shall also be linked to a Eurojust national
coordination system in accordance with Article 12.
Operational expenses of this system may be covered by
Eurojust's budget in accordance with Article 33.

‘Article 6

4. Article 6 shall be replaced by the following:

5.
Eurojust shall have the possibility of seconding
liaison magistrates to third countries in accordance with
the provisions of this Decision.’;

2. Article 4(1) shall be replaced by the following:

‘1.

The general competence of Eurojust shall cover:

(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
and the Annex thereto;

(b) other offences committed together with the types of

crime and the offences referred to in point (a).’;

3. the following Article shall be inserted:

‘Article 5a

Emergency Coordination Cell (ECC)

Tasks of Eurojust acting through its national members

1. When Eurojust acts through its national members
concerned, it:

(a) may ask the competent authorities of
States concerned, giving its reasons, to:

the Member

(i) undertake an investigation or prosecution of

specific acts;

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

(iii) coordinate between the competent authorities of

the Member States concerned;

In order to fulfil

1.
its tasks on an emergency basis,
Eurojust shall set up an “Emergency Coordination Cell”
(ECC).

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

the relevant cooperation instruments;

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(v) provide it with any information that is necessary

(iii) to coordinate between the competent authorities of

for it to carry out its tasks;

the Member States concerned;

(vi) take special investigative measures;

(vii) take any other measure justified for the investiga-

tion or prosecution;

(b) shall ensure that

the competent authorities of

the
Member States concerned inform each other on investi-
and prosecutions of which it has been
gations
informed;

(c) shall assist the competent authorities of the Member
in ensuring the best possible

States, at their request,
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 in Article 3(2) and (3) and
with the agreement of the College, assist investigations
and prosecutions concerning the competent authorities
of only one Member State;

(g) may,

in case of partial or inadequate execution of a
request for judicial assistance, ask the competent judicial
authority for supplementary investigation in order for
the request to be fully executed.

2.
The Member States shall also ensure that competent
national authorities answer without delay requests made
under this Article.’;

5. Article 7 shall be replaced by the following:

‘Article 7

Tasks of Eurojust acting as a College

1. 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 posi-
tion to undertake an investigation or to prosecute
specific acts;

(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 repercussions at Union level or which might affect
Member States other than those directly concerned;

(c) shall assist the competent authorities of the Member
in ensuring the best possible

States, at their request,
coordination of investigations and prosecutions;

(d) shall give assistance in order to improve cooperation
the Member

between the competent authorities of
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
opinions based on analyses carried out by Europol;

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

2. Where two or more national members are not in
agreement on how to resolve a case of conflicts of jurisdic-
tion as regards the undertaking of investigations or prose-
cution pursuant
issue a
written non-binding opinion on how the case should be
solved. The opinion of
the College shall be promptly
forwarded to the Member States concerned.

the College shall

to Article 6,

Notwithstanding the provisions contained in any
3.
instruments adopted under Title VI of
the
requesting competent authorities may report to Eurojust
any refusal or difficulty concerning the execution of a
request for judicial cooperation and request the College to
issue a written non-binding opinion on how the case
should be solved. The opinion of
the College shall be
promptly forwarded to the Member States concerned.

the Treaty,

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4.
The College may, on a request from the competent
national authorities concerned and in cooperation with
them, decide that the relevant expenditure of a joint investi-
gation team set up under Article 13 of the Convention of
29 May 2000 on Mutual Assistance in Criminal Matters
between the Member States of
the European Union or
Framework Decision 2002/465/JHA (*) shall be regarded as
operational expenditure of Eurojust within the meaning of
Article 41(3) of the Treaty.

(*) OJ L 162, 20.6.2002, p. 1.’;

6. Article 8 shall be replaced by:

‘Article 8

Effects of decisions of Eurojust

the

competent

If
the Member States
authorities of
concerned decide not to comply with a request referred to
in Articles 6(1)(a), 6(1)(g), 7(1)(a), 7(2) and 7(3), they shall
inform Eurojust of their decision and of the reasons for it.’;

7.

in Article 9:

(a) paragraphs 1 and 2 shall be replaced by:

‘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 at
least 4 years. The Member States of origin may renew
the term of office. The national member shall not be
removed before the end of a term without prior
information to the Council and indication of the reason
therefor. Where a national member is President or
Vice-President of Eurojust, his term of office as a
member shall at least be such that he can fulfil his func-
tion as President or Vice-President for the full elected
term.

All information exchanged between Eurojust and
including requests made within the
shall be

2.
Member States,
framework of Article 6(1)(a) and 6(1)(g),
directed through the national member.’;

(b) paragraph 3 shall be deleted;

(c) paragraph 4 shall be replaced by the following:

In order

‘4.
national member shall have full access to:

to meet Eurojust's objectives,

(a) the information contained in the following registers:

(i) national criminal records;

(ii) registers of arrested persons;

(iii) investigation registers;

(iv) DNA registers;

(b) registers, other than those in (a), of his Member
State containing information that is necessary for
him to be able to fulfil his tasks.’;

(d) the following paragraph shall be inserted:

‘4a.
The modalities of access referred to in paragraph
4 shall at least be the same as those stipulated by
national law in the case of a prosecutor, judge or police
officer of equivalent competence.’;

(e) paragraph 6 shall be deleted;

8. the following Article shall be inserted:

‘Article 9a

Powers of the national member conferred upon him at
national level

1.
Each Member State shall define the nature and extent
of the judicial powers it grants its national member as
regards judicial cooperation in respect of that State. They
shall include at least the following equivalent powers:

(a) receiving,

transmitting, preparing the execution of,
providing supplementary information in relation to,
and monitoring the execution of, requests for judicial
instruments
cooperation regarding
adopted under
Title VI of
including instruments giving
the Treaty,
effect to the principle of mutual recognition;

(b) preparing the setting up of, and participating in,
joint investigation teams set up under Article 13 of
the Convention of 29 May 2000 on Mutual Assistance
in Criminal Matters between the Member States of
Framework Decision
the
or
2002/465/JHA, as
its own Member State,
regards
including all
investigation teams supported by
joint
Eurojust in accordance with Article 7(4) of this Deci-
sion;

European Union

(c) performing all the tasks of competent national authori-
ties in relation to the Analysis Work Files of Europol.

the

2.
National members may, in their capacity as national
judicial authorities, in agreement with a competent national
authority or at its request and on a case-by-case basis, exer-
cise the following delegated powers:

(a) issuing and completing requests for judicial cooperation
regarding instruments adopted under Title VI of the
Treaty, including instruments giving effect to the prin-
ciple of mutual recognition;

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(b) ordering search and seizure measures;

10. Article 12 shall be replaced by the following:

(c) authorising and coordinating controlled deliveries.

‘Article 12

3.
National members may, in urgent cases and where no
competent national authority has been identified or it is
not possible to identify it in a timely manner, be able to
authorise and coordinate controlled deliveries.

Eurojust national coordination system

Each Member State shall designate one or more

1.
national correspondents for Eurojust.

The powers exercised under paragraph 1(a) shall

in
instance always be exercised by a competent

4.
the first
national authority.

5. When the powers referred to in paragraph 1 and 3
have been exercised by a national member, the competent
authority shall be informed promptly.

6. When constitutional rules regarding the division of
powers between prosecutors and judges make it impossible
to confer one or more of the powers referred to in para-
graphs 1, 2 and 3 of this Article and in Article 5a(3) upon
the national member, he shall at least be competent to issue
a request to the authority competent for the carrying out of
such powers.

7.
Each Member State shall also define the right for a
national member to act in relation to foreign judicial autho-
rities, in accordance with its international commitments.

8. 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
regarding the implementation of paragraphs 1 to 3 so that
the latter can inform the other Member States. The Member
States shall undertake to accept and recognise the preroga-
tives thus conferred insofar as they are in conformity with
international commitments.

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 terrorism matters;

(c) the national correspondent for the European Judicial
Network and up to three other contact points of the
European Judicial Network;

(d) national members or contact points of the Network for
Joint Investigation Teams and of the Networks set up by
crime
Council Decision
networks), Council Decision 2007/845/JHA (**) (asset
recovery offices) and by any forthcoming decision on a
contact point network against corruption.

2002/494/JHA (*)

(war

The persons referred to in paragraphs 1 and 2 shall

3.
maintain their position and status under national law.

One of the national correspondents for Eurojust shall
4.
be responsible for the functioning of the Eurojust national
coordination system.

5.

The Eurojust national coordination system shall:

(a) be connected to the Case Management System of

Eurojust;

(b) assist Eurojust in determining whether a case should be
the European Judicial

dealt with by Eurojust or
Network;

In the performance of his tasks, a national member
9.
shall, where appropriate, make it known whether he is
acting in accordance with the judicial powers granted to
him under this Article.’;

(c) facilitate, within the Member State, the carrying out of
the tasks of Eurojust,
in particular by allowing the
national member to identify proper authorities for the
execution of requests for judicial cooperation;

9. Article 10(2) shall be replaced by the following:

‘2.
After consulting the Joint Supervisory Board 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
previously been adopted by a two-thirds majority 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.’;

(d) maintain close relations with the Europol National Unit

and in particular:

(i) be informed and consulted on the participation of
the Member State concerned in an Analysis Work
File and be informed of the functioning and results
of such Analysis Work Files;

(ii) be informed of any request of Europol to undertake
an investigation or to set up a joint investigation
team and to inform the Europol National Unit of
such requests made by Eurojust.

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6.
The relations between the national member and
national correspondents shall not preclude direct relations
between the national member and his competent authori-
ties.

Nothing in this Article shall be understood as
7.
affecting direct contacts between competent judicial autho-
rities as provided for in instruments on judicial coopera-
tion, such as Article 6 of the Convention of 29 May 2000
on Mutual Assistance in Criminal Matters between the
Member States of the European Union.

8.
Expenses of the Eurojust national coordination system
such as rent, equipment, telecommunications and salaries
of administrative staff may be considered operational
expenses of Eurojust in accordance with Article 30.

for

responsible

(*) Council Decision of 13 June 2002 setting up a
in respect of
against

European network of contact points
persons
humanity and war crimes (OJ L 167, 26.6.2002, p. 1).
(**) Council Decision 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
(OJ L 332, 18.12.2007, p. 103).’;

genocide,

crimes

11.

in Article 13:

(a) in paragraph 2:

5. Member States shall ensure that
their national
member is informed in a timely manner, at an early
stage, and as soon as the information is available of all
criminal investigations concerning three or more States,
two or more of which are Member States, that fall
within the remit of Eurojust and insofar as necessary
for the performance of Eurojust's functions, in particu-
lar where parallel letters rogatory are needed in several
States or where there is a need for coordination by
Eurojust or in cases of positive or negative conflicts of
jurisdiction. The Member States shall ensure that the
obligation to report is supervised at national level.

As a first step, Member States shall

6.
paragraph 5 with regard to cases
following offences:

implement
relating to the

(a) trafficking in drugs;

(b) trafficking in human beings and arms;

(c) trafficking in nuclear waste;

(d) trafficking in works of art;

(e) trading in endangered species;

(f) trading in human organs;

(g) money laundering;

(i) the words ‘In accordance with Article 9,’ shall be

financial interests;

deleted;

(h) fraud,

including fraud against

the Community's

(ii) the following sentence shall be added at the end of
the paragraph: ‘In particular national members who
have not been informed of a case which concerns
them shall be promptly informed.’;

(b) the following paragraphs shall be added:

‘3.
This Article shall be without prejudice to other
obligations regarding the transmission of information
to Eurojust, including Council Decision 2005/671/JHA
of 20 September 2005 on the exchange of information
an cooperation concerning terrorist offences (*).

4. Member States shall ensure that national members
are informed of the preparation of the setting up of a
joint investigation team, whether it is set up under
Article 13 of
the Convention of 29 May 2000 on
Mutual Assistance in Criminal Matters between the
Member States of the European Union or Framework
Decision 2002/465/JHA, and of subsequent develop-
ments related to such teams.

(i) counterfeiting, including of the euro;

(j) terrorism, including financing of terrorism;

(k) environmental crime;

(l) other forms of organised crime.

7. Member States shall apply paragraph 5 to offences
other than those referred to in paragraph 6 within
three years from the date reffered to in Article 2.

8. Member States shall ensure that
member is also informed of:

their national

(a) all

for

judicial

requests

cooperation regarding
instruments adopted under Title VI of the Treaty,
including instruments giving effect to the principle
of mutual recognition, sent by their competent
authorities in cases involving at least three States,
two or more of which are Member States;

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(b) all controlled deliveries and undercover investiga-
tions affecting at least three States, at least two of
which are Member States;

(c) all

refusals of

requests for

judicial cooperation
regarding instruments adopted under Title VI of the
Treaty,
including instruments giving effect to the
principle of mutual recognition;

(d) all requests for mutual

legal assistance emanating
from a non-Member State where it appears that
these requests are part of an investigation involving
other requests sent by that non-Member State to, at
least, two other Member States.

In addition, competent authorities shall provide
9.
the latter with any other information which the latter
deems necessary to fulfil its tasks.

Information referred to in this Article shall be

10.
transmitted to Eurojust in a structured way.

(*) OJ L 253, 29.9.2005, p. 22.’;

12. the following Article shall be inserted:

‘Article 13a

Information
authorities

provided

by

Eurojust

to

national

1.
On it's own initiative Eurojust shall provide national
competent authorities with information and feedback on
the results of the processing of information, including the
links with cases already stored in the Case
existence of
Management System.

2.
Furthermore, where a competent national authority
requests Eurojust to provide it with information, Eurojust
shall
in the timeframe requested by that
authority.’;

transmit

it

on persons who, under the national legislation of
the Member 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, such as:’;

(ii) the following point shall be added:

‘(l) telephone numbers, vehicle registration data, e-
mail accounts, phone and e-mail traffic related
data, DNA records and photographs.’;

(b) in paragraph 2, the word ‘only’ shall be deleted;

16. the following paragraph shall be inserted in Article 16:

‘2a.
The Case Management System shall enable data and
access to be inserted at national level. The Case Manage-
ment System, insofar as this is in conformity with rules on
data protection contained in this Decision, may be linked to
the secure telecommunications network referred to in
Article 10 of Council Decision …/…/JHA on the European
Judicial Network.’.

17. the following sentence shall be added at

the end of

Article 23(10):

‘The secretariat of
the Joint Supervisory Body may rely
upon the expertise of the secretariat established by Council
Decision 2000/641/JHA.’;

18.

in Article 26

(a) the following paragraph shall be inserted:

‘1a. Member States shall ensure that the College may
actually be able to open a Europol Analytical Work File
and that it may participate in its functioning.’;

13.

in Articles 14(4) and 16(1), the words ‘an index of’ shall be
replaced by ‘a Case Management System containing’;

(b) paragraph 2 shall be replaced by the following:

14.

in Articles 15(4), 16(1) and 16(2), the word ‘index’ shall be
replaced by ‘Case Management System’ and the words ‘an
index’ in Article 16(1) by ‘a Case Management System’;

15.

in Article 15:

(a) in paragraph 1:

‘2.
Eurojust and the European Judicial Network 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 coopera-
tion, the following measures shall be taken:

(i) the first sentence shall be replaced by:

‘1. When processing data in accordance with
Article 14(1), Eurojust may process personal data

(a) Eurojust shall have access to centralised information
from the European Judicial Network in accordance
with Article 8 of Decision …/…/JHA and to the
secured telecommunications network set up under
Article 10 of the said Decision;

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(b) without prejudice to Article 13 of this Decision
and in accordance with Article 4(4) of Decision
…/…/JHA, the contact points of the European Judi-
cial Network shall, on a case-by-case basis, inform
Eurojust on cases involving two Member States and
entering the field of competence of Eurojust:

— in cases where conflicts of jurisdiction are likely

to arise,

or

— in cases of a refusal of a request for judicial
cooperation regarding
adopted
including instru-
under Title VI of the Treaty,
ments giving effect to the principle of mutual
recognition.

instruments

contact points of

The
the European Judicial
Network shall, also on a case-by-case basis, inform
Eurojust on all cases entering the field of compe-
tence of Eurojust and involving at
three
Member States.

least

National members shall, on a case-by-case basis,
inform European Judicial Network contact points
on all cases with which the network is deemed to
be in a better position to deal;

(c) the secretariat of

the European Judicial Network
shall form part of the Eurojust secretariat. It shall
function as a separate and autonomous unit. It may
draw on the resources of Eurojust which are neces-
sary 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;

(d) the European Judicial Network shall be supported
by the Administration of Eurojust. Operational
expenses of the European Judicial Network may be
covered by the Eurojust budget in accordance with
Article 33 of Decision …/…/JHA on the European
Judicial Network;

(e) the national members of Eurojust may attend meet-
ings of the European Judicial Network at the invita-
tion of
latter. European Judicial Network
contact points may be invited on a case-by-case
basis to attend Eurojust meetings;

the

(f) the secretariat of the Network for Joint Investigation
the Networks set up by Decision
Teams and of
crime networks), Decision
2002/494/JHA (war
2007/845/JHA (asset
recovery offices) and any
forthcoming Council decision on a contact point

network against corruption shall form part of the
Eurojust secretariat and shall function as separate
and autonomous units. They may draw on the
resources of Eurojust which are necessary for the
performance of their tasks. The rules applying to
Eurojust staff shall apply to the staff of their secre-
incompatible with the
tariats where this is not
operational autonomy of
the
secretariats;
their
Eurojust Administrative Director shall appoint a
Secretary General, under his responsibility, of the
secretariats of the Networks.’;

(c) the following paragraphs shall be added:

‘7.
Eurojust shall establish and maintain close coop-
eration with the European Agency for the Management
of Operational Cooperation at
the External Borders
(Frontex), insofar 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 agreement to be approved by the
Council, after consultation of
the Joint Supervisory
Body concerning the provisions on data protection.

8.
Eurojust shall establish and maintain close coop-
eration with the Joint Situation Centre, insofar as is rele-
vant 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 agreement
to be approved by the Council, after consultation of the
Joint Supervisory Body concerning the provisions on
data protection.

insofar as is relevant

Eurojust shall establish and maintain close coop-
9.
eration with Interpol,
for the
performance of the tasks of Eurojust and for achieving
its objectives, taking account of the need to avoid dupli-
cation of effort. The essential elements of such coopera-
tion shall be determined by an agreement
to be
approved by the Council, after consultation of the Joint
Supervisory Body concerning the provisions on data
protection.

Eurojust shall establish and maintain close coop-
10.
eration with the World Customs Organisation, insofar
as is relevant
the tasks of
for the performance 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
agreement to be approved by the Council, after consul-
tation of the Joint Supervisory Body concerning the
provisions on data protection.’;

C 54/12

EN

Official Journal of the European Union

27.2.2008

19. the following Article shall be inserted:

State and the European Union or
concerned.

the Member States

‘Article 26a

Liaison Magistrates seconded to third States

1.
For the purpose of facilitating judicial cooperation,
Eurojust may second liaison magistrates to a third State,
subject to an agreement with the host country which shall
be approved by the Council. The liaison magistrate shall be
a deputy, assistant, national member of Eurojust or a magis-
trate seconded to Eurojust. The secondment as liaison
magistrate on behalf of Eurojust shall be subject to the
prior consent of the magistrate and of his Member State.

2.
The liaison magistrates seconded under paragraph 1
shall be liaison magistrates for the benefit of Eurojust and
the Member States' competent authorities. The activities of
liaison magistrates seconded by Eurojust shall be the subject
of supervision of the Joint Supervisory Body. They shall
report once every year to the College of Eurojust which
shall inform the Council and the European Parliament in an
appropriate manner of their activities. Liaison magistrates
shall also inform national members and national competent
authorities of all cases concerning their Member State.

3.
National competent authorities, and liaison magis-
trates 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.

Liaison magistrates referred to in paragraph 1 shall be

4.
connected to the Case Management System.

The

relevant

liaison magistrates
expenditure of
5.
seconded by Eurojust to a third State shall be regarded as
operational expenditure within the meaning of Article 41(3)
of the Treaty. Before negotiations are entered into with a
third country,
approval.
Eurojust shall inform the Council of any plans it has for
entering into any such negotiations and the Council may
draw any conclusions it sees fit.’;

the Council

shall

give

its

20. the following Articles shall be inserted:

‘Article 27a

3.
Requests referred to in paragraph 1 may also be trans-
mitted to Eurojust by a national competent authority acting
either on its own initiative or because the intervention of
Eurojust was requested by the third State concerned.

4.
In case of urgency, the Emergency Coordination Cell
referred to in Article 5a may deal with requests referred to
in paragraph 1 of this Article.

Article 27b

Liability

Eurojust's contractual

1.
the law applicable to the contract in question.

liability shall be governed by

2.
In the case of non-contractual liability, Eurojust shall,
independently of any liability under Article 24, make good
any damage caused through the fault of the College or the
staff of Eurojust in the performance of their duties regard-
less of the different procedures for claiming damages which
exist under the law of the Member States.

3.
Paragraph 2 shall also apply to damages caused
through the fault of a national member in the performance
of his duties, except when he is acting on the basis of the
powers conferred on him pursuant to Article 9a.

The injured party shall have the right to demand that

4.
Eurojust refrain from taking, or drop, any action.

5.
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 of 22 December
2000 on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters (*).

(*) OJ L 12, 16.1.2001, p. 1. Regulation as last amended
by Regulation (EC) No 1791/2006 (OJ L 363,
20.12.2006, p. 1).’;

Requests for judicial cooperation from third States

21.

in Article 29:

1.
Eurojust shall coordinate the execution of requests for
judicial cooperation issued by a third State where these
requests are part of the same investigation and require an
execution in at least two Member States.

2.
Requests referred to in paragraph 1 may be received
directly by Eurojust if it is in conformity with the instru-
third
ments applicable to the relationship between that

(a) in paragraph 1,

the word ‘unanimously’

shall be

replaced by ‘by a two-thirds majority’;

(b) in paragraph 2, the second sentence ‘It shall be renew-
able.’ shall be replaced by ‘It may be extended once
without a need for a call for applications, provided that
the College so decides by a three-fourths majority and
appoints the Administrative Director with the same
majority.’;

27.2.2008

EN

Official Journal of the European Union

C 54/13

22. Article 32 shall be amended as follows:

— the title shall be replaced by the following:

‘Informing the European Parliament, the Council and
the Commission’;

— the following paragraph shall be added:

‘3.
The Commission or
Eurojust's opinion on all draft
under Title VI of the Treaty.’;

the Council may seek
instruments prepared

23. Article 33(2) shall be replaced by:

‘2. Where national members, deputies, assistants and
persons in the Eurojust national coordination system act
within the framework of Eurojust's tasks,
the relevant
including that on Eurojust staff, shall be
expenditure,
regarded as operational expenditure within the meaning of
Article 41(3) of the Treaty.’;

24. the following sentence shall be added at

the end of

Article 35(1):

Each Member State shall also,

2.
in accordance with
Article 9a(4), when appointing its national member and at
any other time if appropriate,
inform Eurojust and the
General Secretariat of the Council of any powers conferred
on the national member in accordance with that Article.

3.
The definitive appointment of a national member
shall take effect on the day on which the General Secretariat
of the Council receives the official notification referred to
in paragraph 1.’;

26.

in Article 42, the existing paragraph shall become para-
graph 1 and the following paragraph shall be added:

The Commission shall at regular intervals examine
‘2.
the implementation by the Member States of this Decision
and shall submit a report thereon to the Council together
with, if appropriate, necessary proposals to improve judicial
cooperation and the functioning of Eurojust. This shall in
particular apply to Eurojust's capacities to support Member
States in fighting terrorism.’.

Article 2

Transposition

‘Before forwarding the estimate to the Commission, the
European Judicial Network shall be consulted in accordance
with modalities defined by it.’;

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 … (1).

25. Article 41 shall be replaced by the following:

‘Article 41

Reporting

Article 3

Entry into force

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

1. Member States shall inform Eurojust and the General
Secretariat of
the Council of any changes to national
members, deputies and assistants as well as the names
and contact details of persons referred to in Article 12(1)
and (2). The General Secretariat shall keep an updated list
of these persons and shall make their names and contact
details available to all Member States and to the Commis-
sion.

Done at Brussels, …

For the Council

The President

…

(1) 2 years after the date of entry into force of this Decision.