Information regarding a Practical Agreement on arrangements of cooperation between Eurojust and OLAF
Date: 2008-12-09
Institutions: European Commission
Subjects: Eurojust, European Anti-fraud Office, corruption, fight against crime, fraud, interinstitutional cooperation (EU)

9.12.2008

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Official Journal of the European Union

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II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

EUROJUST

Information regarding a ‘Practical Agreement on arrangements of cooperation between Eurojust
and OLAF’

(2008/C 314/02)

On 24 September 2008, Eurojust, the European Union's Judicial Co-operation Body, and the European
Anti-Fraud Office (OLAF) signed a Practical Agreement on a further improved co-ordination and co-opera-
tion in the fight against financial fraud, corruption or any other criminal offence affecting the European
interests. The Practical Agreement governs modalities for close and increased
Community's financial
co-operation and provisions for the exchange of general and personal data. The Agreement was approved by
the Council on 25 July 2008.

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Practical Agreement on arrangements of cooperation between Eurojust and OLAF

ANNEX

EUROJUST AND OLAF,

Hereinafter referred to as ‘the Parties’,

Having regard to the Council Decision of 28 February 2002 setting up Eurojust and the Commission Decision of 28 April
1999 establishing the European Anti-fraud Office (OLAF) as well as Regulations (EC) No 1073/1999 and (Euratom)
No 1074/1999 and the tasks, objectives and responsibilities assigned to Eurojust and OLAF in the fight against fraud,
corruption and any other criminal offence or illegal activity adversely affecting the European Communities' financial
interests;

Having regard to the opinion of the Joint Supervisory Body of Eurojust of 26 April 2007, re-iterated on 24 April 2008;

After consulting the European Data Protection Supervisor;

Considering that Article 26(3) of the Council Decision setting up Eurojust stipulates that Eurojust shall establish and
maintain close co-operation with OLAF;

Considering Articles 26(4) and 27 of the Council Decision setting up Eurojust explicitly dealing with the exchange of
information;

Considering the Council Framework Decision of 13 June 2002 on Joint Investigation Teams as well as Article 13 of the
Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 2000 and in
particular the provision for the setting up of Joint Investigation Teams;

Considering that both Parties have adequate rules in place regarding the protection of personal data;

Considering that it is within the common interest of Eurojust and OLAF to enhance their co-operation, in an effort to
make the fight against fraud, corruption and any other criminal offence or illegal activity adversely affecting the European
Communities' financial interests as efficient as possible and to avoid duplication of effort wherever possible,

HAVE AGREED:

CHAPTER 1

DEFINITIONS AND PURPOSE OF THE PRACTICAL AGREEMENT
ON ARRANGEMENTS OF COOPERATION

Point 1

Definitions

For the purpose of this Practical Agreement on arrangements of coop-
eration:

1.

2.

3.

4.

5.

6.

‘Eurojust Decision’ means the Council Decision of 28 February
2002 setting up Eurojust with a view to reinforcing the fight
against serious crime (1);

‘Rules of Procedure of Eurojust’ means the Rules of Procedure of
Eurojust (2);

‘Eurojust’ means the unit set up by the Eurojust Decision;

‘OLAF’ means the European Anti-Fraud Office established by the
Commission Decision of 28 April 1999 (3), carrying out the admin-
in Council Regulation (EC)
istrative investigation tasks set out
No
(Euratom)
No 1074/1999 (5);

1073/1999 (4)

Regulation

Council

and

‘President of the College’ means the President as elected by the
College, as referred to in Article 28 of the Eurojust Decision;

‘Director of OLAF’ means the Director, as referred to in Article 12
of Regulation (EC) No 1073/1999 and Regulation (Euratom)
No 1074/1999;

7.

‘College’ means the College of Eurojust, as referred to in Article 10
of the Eurojust Decision;

(1) OJ L 63, 6.3.2002, p. 1.
(2) OJ C 286, 22.11.2002, p. 1.
(3) OJ L 136, 31.5.1999, p. 20.
(4) OJ L 136, 31.5.1999, p. 1.
(5) OJ L 136, 31.5.1999, p. 8.

8.

9.

‘Eurojust National Member’ means the national member seconded
to Eurojust by each Member State, as referred to in Article 2(1) of
the Eurojust Decision;

‘Assistant’ means a person who may assist each Eurojust National
Member, as referred to in Article 2(2) of the Eurojust Decision,
unless defined otherwise in this Practical Agreement on arrange-
ments of cooperation;

10.

‘Administrative Director’ means the Administrative Director as
referred to in Article 29 of the Eurojust Decision;

11.

‘Eurojust Staff’ means the staff referred to in Article 30 of the
Eurojust Decision;

12.

‘Competent OLAF Unit’ means the unit within OLAF, whose tasks
comprise, amongst others, liaising with national judicial authorities;

13.

‘OLAF Staff’ means staff as referred to in Article 6(1) of Commis-
sion Decision 1999/352/EC, ECSC, Euratom establishing the
European Anti-fraud Office (OLAF);

14.

‘Data Protection Provisions’ means, within Eurojust, the applicable
data protection rules as laid down in the Eurojust Decision and the
Rules of Procedure on the Processing and Protection of Personal
Data at Eurojust (6), and, within OLAF,
the Regulation (EC)
No 45/2001 on the protection of individuals with regard to the
processing of personal data by the Community institutions and
bodies and on the free movement of such data (7);

15.

‘Personal Data’ means any information relating to an identified or
identifiable natural person: an identifiable person is one who can be
identified, directly or indirectly,
in particular by reference to an
identification number or to one or more factors specific to his
physical, physiological, mental, economic, cultural or social identity;

(6) OJ C 68, 19.3.2005, p. 1.
(7) OJ L 8, 12.1.2001, p. 1.

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16.

17.

18.

‘Processing’ of Personal Data means any operation or set of opera-
tions which are performed upon Personal Data, whether or not by
automatic means,
recording, organisation,
storage, adaptation or alteration, retrieval, consultation, use, disclo-
sure by transmission, dissemination or otherwise making available,
alignment or combination, blocking, erasure or destruction;

such as collection,

‘Case Summary’ means general
information on a case dealt with
either by Eurojust or OLAF and describing the main features of
elements of the case, but without containing any Personal Data;

Investigation Team’ means a Joint

‘Joint
Investigation Team, as
referred to in Article 13 of the Convention on Mutual Assistance in
Criminal Matters between the Member States of
the European
Union (1) and in the Framework Decision 2002/465/JHA on Joint
Investigation Teams (2).

(d) to identify individual or joint activities, if any, that need to be
taken thereafter with a view to a more efficient and better use of
the resources of the Parties;

(e) to help in coordinating the Parties' support and assistance of the
national judicial authorities and of the authorities in charge of
investigations and prosecutions.

5. If necessary to improve co-operation, the teams may invite other
Eurojust National Member(s), their Assistants and/or Eurojust and
OLAF Staff to take part in a meeting.

6. The designation of teams does not have any effect on direct contacts
of OLAF Staff responsible for a specific case with one or more of the
Eurojust National Members concerned and vice versa.

Point 2

Point 4

Purpose of

the Practical Agreement on arrangements of

cooperation

General rules on operational co-operation

1. The purpose of this Practical Agreement on arrangements of coop-
eration is to enhance the fight against fraud, corruption or any other
criminal offence or illegal activities affecting the European Commu-
nities' financial interests and to define to this end the modalities for a
close co-operation between the Parties. The co-operation will take
place with due regard to transparency, complementarity of tasks and
coordination of efforts.

2. This Practical Agreement on arrangements of cooperation does not
modify any relevant legal rules and does not interfere with or amend
the legal framework governing Eurojust or OLAF.

CHAPTER 2

CO-OPERATION

Point 3

Regular contacts and co-operation

1. The Parties may collaborate in accordance with their respective
competences and tasks either at the request of OLAF or on the initia-
tive of Eurojust. This collaboration includes
the
exchange of Case Summaries with a view to identifying appropriate
cases
the
requiring co-operation in accordance with Point 5,
exchange of operational information in accordance with Point 6, the
participation in operational meetings in accordance with Point 8 and
the provision of such mutual assistance and advice as may be useful
to the Parties for the efficient and effective fulfilment of their respec-
tive tasks.

in particular

2. Before taking up collaboration with OLAF on a case concerning the
protection of
interests,
the European Communities'
Eurojust will verify in accordance with Article 26(3) of the Eurojust
the Member States
Decision that
concerned do not oppose the collaboration in such case.

the competent authorities of

financial

3. Unless otherwise specified in this Practical Agreement on arrange-
ments of cooperation, collaboration and any kind of communication
will take place directly between the person(s) or, as the case may be,
the College in charge of the case.

1. The Parties will maintain close and regular contacts. To this end, they
will set up teams consisting for Eurojust of designated Eurojust
National Members and/or their Assistants and for OLAF of
the
Competent OLAF Unit.

To this end, the Parties will promptly inform each other after having
taken up collaboration of the competent person(s) or, as the case
may be, the College in charge of the case and his/her/their contact
details.

2. The teams will meet regularly, at least quarterly. The meetings will be
chaired by a representative of each Party in rotation, on the basis of
an agenda agreed on beforehand.

3. The teams will exchange Case Summaries in accordance with Point 5
and provide general feedback on the progress made and the activities
performed in cases exchanged between the Parties with a view to
reinforcing, if necessary, the co-operation.

4. The Parties will

inform each other of any action taken, responses
received or other relevant developments or encountered difficulties in
cases where they collaborate. This includes information on the deci-
sion to close or not to pursue a specific case.

Point 5

4. Moreover, the meetings and further contacts between the teams are

Exchange of Case Summaries

intended

(a) to reinforce common strategies on cases and to resolve practical
problems in the co-operation which may arise from the applica-
tion of this Practical Agreement on arrangements of cooperation;

(b) to consult on matters of common interest in order to allow the
Parties to achieve their respective objectives and co-ordinate their
activities;

(c) to support the development of priorities and strategies which are
complementary to each other having regard to the priorities
established in accordance with the respective legal framework of
both Parties and the overall objective of enhancing the fight
against fraud, corruption or any other criminal offence or illegal
activities affecting the European Communities' financial interests
within their respective competences;

(1) OJ C 197, 12.7.2000, p. 3.
(2) OJ L 162, 20.6.2002, p. 1.

1. With a view to identifying appropriate cases for collaboration, the
Parties will inform each other as soon as possible via the transmis-
sion of Case Summaries of the existence of any case dealt with under
their respective competences where:

— in respect of Eurojust, it appears that the case is related to fraud,
corruption or any criminal offence affecting the European
Communities' financial interests,

— in respect of OLAF, it appears that the case directly involves judi-
cial co-operation between the competent national authorities of
two or more Member States, or where the case concerns a
Member State and the Community.

Unless otherwise stated when transmitting the Case Summary, the
transmission of a Case Summary constitutes a request to the other
Party (requested Party) to examine the necessity for close co-opera-
tion on a specific case.

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2. As soon as the requested Party has decided that a specific case, for

which a Case Summary was transmitted, requires co-operation:

— in respect of Eurojust,
Member(s) concerned,

the College

and/or

the National

— in respect of OLAF,

the
Director of OLAF and/or the OLAF Staff member responsible for
the case

the Competent OLAF unit and/or

will inform the other Party of this decision without undue delay.

Information will also be provided when the requested Party decides
that a case is not appropriate for co-operation.

3. Nothing prevents one Party from directly requesting the other Party
to collaborate in a specific case without exchanging Case Summaries
beforehand.

Point 6

Exchange of case-related information

1. When collaborating on a specific case, the Parties will exchange any
necessary information, including personal data, in order to achieve
the purpose of this Practical Agreement on arrangements of coopera-
tion as set forth in Point 2. Any exchange of information takes place
within the limits of
their respective competences and as far as
allowed under their respective legal framework and this Practical
Agreement on arrangements of cooperation.

2. OLAF may also participate in strategic meetings, organised by
Eurojust, dealing with the protection of the European Communities'
financial interests, at the invitation of the President of the College
and with the approval of the Eurojust National Members concerned.

3. OLAF may also be invited by the President of the College to partici-
pate in operational and strategic meetings on its own request
provided that the competent national authorities concerned do not
oppose such participation.

4. Eurojust National Members and their Assistants, the Administrative
Director, Eurojust Staff and, where appropriate, Liaison Magistrates
and Liaison Prosecutors at Eurojust may also attend meetings orga-
nised by OLAF at the invitation of OLAF.

Point 9

Joint Investigation Teams

1. If either Eurojust or OLAF participates in a Joint Investigation Team
set up by the Member States related to fraud, corruption or any crim-
inal offence affecting the European Communities' financial interests,
the Party will, when appropriate, inform the other Party and propose
to the Member States to consider inviting the other Party to partici-
pate in the Joint Investigation Team.

2. The Parties may assist the Member States in the setting up of the

Joint Investigation Team.

2. The Requesting Party will notify the other Party of the purpose for
which the information is requested. In the case of a spontaneous
transfer of information, the Party providing information will notify
the other Party of the purpose for which the information is supplied.

3. Eurojust and OLAF, acting separately or together, may recommend to
the national authorities of the Member States the setting up of Joint
Investigation Teams when the information they possess shows the
usefulness of doing so.

3. Personal Data transmitted from OLAF to Eurojust will be trans-

mitted:

— directly to the College, when the case falls within the competence

of the College, or

— directly to the Eurojust National Member(s) concerned, when the
case falls within the competence of one or more of the Eurojust
National Members.

4. The respective Eurojust National Member(s) concerned with a case

may transmit personal data to OLAF.

5. Information not containing Personal Data can be exchanged between

the Parties also via other channels, in particular via the teams.

Point 7

Exchange of strategic information

their respective competences,

Within the limits of
the Parties will
exchange strategic information necessary for the accomplishment of the
missions of each Party, either spontaneously or on specific request. Stra-
tegic information may include:

— trends in criminality related to fraud, corruption or any other illegal
activities affecting the European Communities' financial interests,

— operational

structures of

the organisations implicated in these
activities, as well as the links existing between these organisations
operating inside or outside the European Union,

— strategies, modus operandi, techniques and the financing of these

organisations.

Point 8

Operational and strategic meetings

1. When operational meetings, organised by Eurojust, deal with cases
the purpose of which is to co-ordinate investigations and prosecu-
tions regarding the protection of the European Communities' finan-
cial interests, the participation of OLAF will, at the initiative of the
Eurojust National Members concerned, be at the invitation of the
President of the College.

Point 10

Co-operation in the field of professional training, seminars and
workshops

The Parties will co-operate in the field of professional training, seminars
and workshops:

— by informing each other of relevant activities which they organise
and which may be of common interest, and, when appropriate, by
inviting each other to these activities,

— by organising joint activities in this field.

CHAPTER 3

PROTECTION OF PERSONAL DATA

Point 11

General principles

1. The transmission of Personal Data between the Parties and their

Processing will take place in accordance with:

— in respect of Eurojust, the Eurojust Decision and the Rules of
Procedure on the Processing and Protection of Personal Data at
Eurojust,

— in respect of OLAF, Regulation (EC) No 45/2001 of

the
European Parliament and of the Council of 18 December 2000
on the protection of individuals with regard to the processing of
Personal Data by the Community institutions and bodies and on
the free movement of such data.

2. When transmitting the information, the Party may notify the other
Party of any restriction on the use of the provided information. This
includes possible access restrictions, restrictions on transmission to
the competent authorities of the Member States and terms for dele-
tion or destruction. Notification may also be given at a later stage,
when the need for such restrictions becomes apparent after the
transfer.

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3. As far as allowed under the respective legal frameworks, the Parties
may further process information obtained from the other Party
under this Practical Agreement on arrangements of cooperation for
the purpose of achieving the objectives of this Practical Agreement
on arrangements of cooperation as set forth in Point 2.

Point 16

Time limits for the storage of Personal Data

Personal Data will be stored in accordance with the respective laws
applicable to the Parties.

Point 12

Documentation

Each Party will maintain a record of the transmission and receipt of
Personal Data communicated to the other Party under this Practical
Agreement on arrangements of cooperation.

Point 13

Data security

The Parties will inform each other of the technical measures and organi-
sational arrangements, which they have taken in accordance with the
respective law applicable to the Parties, to protect Personal Data against
accidental or unlawful destruction, accidental
loss or unauthorised
disclosure, alteration, access or any unauthorised form of Processing.
The Parties in particular ensure that only those authorised to access
Personal Data can have access to such data.

Point 14

Rights of data subjects

The transmitting Party will be consulted by the other Party before it
takes a final decision on the request by an individual to have access to,
and to request the correction, blocking or deletion of, Personal Data
concerning him transmitted under this Practical Agreement on arrange-
ments of cooperation, in accordance with the applicable Data Protection
Provisions of the Party to which the request is addressed.

Point 15

Correction and deletion of information

1. Each Party will immediately inform the other Party in all cases where
information which has been transmitted to or received from that
Party is corrected or deleted, stating the reasons. It will also inform
the other Party in cases where it emerges that the information should
not have been transmitted.

2. When the transmitting Party informs the receiving Party that it has
corrected or deleted information previously transmitted, or that the
information should not have been transmitted, the receiving Party
will correct or delete the information accordingly.

3. When a Party has reason to assume that information received from
the other Party is not accurate, or no longer up to date,
it will
inform the other Party. This Party will verify the data and inform the
other Party of the outcome of such verification.

4. In cases where Personal Data received from a Party and transmitted
onward to a third party is corrected or deleted afterwards,
the
onward transmitting Party will inform that third party thereof.

CHAPTER 4

FINAL PROVISIONS

Point 17

Evaluation of co-operation

1. During the meetings of the teams set out in Point 3, the Parties will
evaluate periodically the application of this Practical Agreement on
arrangements of cooperation and the necessity for amendments.

2. The President of Eurojust and the Director of OLAF, or their nomi-
nees, will consult each other regularly on the application of this Prac-
tical Agreement on arrangements of cooperation. They will meet at
least once a year to oversee the evaluation process conducted by the
teams.

3. The Parties will provide information on their collaboration in their

respective annual reports.

Point 18

Amendments

1. This Practical Agreement on arrangements of cooperation may be
amended by mutual consent of the Parties at any time, provided that
these amendments are approved in accordance with the procedures
established for obtaining approval for this Practical Agreement on
arrangements of cooperation.

2. The Parties will enter into consultations with respect to the amend-
ment of this Practical Agreement on arrangements of cooperation at
the request of either of them.

Point 19

Relation to other instruments

This Practical Agreement on arrangements of cooperation replaces the
Memorandum of Understanding between Eurojust and OLAF, dated
14 April 2003.

Point 20

Entry into force

This Practical Agreement on arrangements of cooperation will enter into
force on the first day after its signature.

Done at Brussels, this twenty fourth of September two thousand and eight, in two copies in the English
language.

For Eurojust

For OLAF

José Luís LOPES DA MOTA

Franz-Hermann BRÜNER

President

Director