Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1727 of the European Parliament and the Council, as regards the collection, preservation and analysis of evidence relating to genocide, crimes against humanity and war crimes at Eurojust
Date: 2022-04-25
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: Eurojust, Russia, Ukraine, crime against humanity, cross-border cooperation, data processing, evidence, operation of the Institutions, war, war crime

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   EUROPEAN COMMISSION  Brussels, 25.4.2022  COM(2022) 187 final 2022/0130 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1727 of the European Parliament and the Council, as regards the collection, preservation and analysis of evidence relating to genocide, crimes against humanity and war crimes at Eurojust  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  European  Union  Agency  for  Criminal  Justice  Cooperation  (Eurojust)  coordinates 
investigations  and prosecutions of serious cross-border crime in  Europe and beyond. As the 
European Union’s hub for judicial cooperation in criminal matters, Eurojust supports national 
investigating  and  prosecuting  authorities  in  relation  to  serious  crime  with  which  Eurojust  is 
competent  to  deal  in  accordance  with  Regulation  (EU)  2018/1727  (‘Eurojust  Regulation’). 
Among others, genocide, crimes against humanity and war crimes (also collectively referred 
to as ‘core international crimes’) are crimes Eurojust is competent to deal with. 

On  24  February  2022,  Russia  began  a  military  aggression  against  Ukraine.  There  is  a 
reasonable ground to believe that war crimes and crimes against humanity have been and are 
being committed in Ukraine. On 2 March 2022, the Prosecutor of the International Criminal 
Court announced he had proceeded to open an investigation into the situation in Ukraine1. The 
prosecution  services  in  several  Member  States  as  well  as  in  Ukraine  have  also  started 
investigations of core international crimes, which are supported and coordinated by Eurojust. 
Eurojust  has  the  expertise  and  experience  to  support  the  investigations  and  prosecutions  of 
core international crimes, including by facilitating the activities of Joint Investigation Teams 
(JITs),  such  as  the  one  set  up  by  some  Member  States  and  Ukraine  in  the  context  of  the 
current hostilities. Eurojust also cooperates with the Prosecutor of the International Criminal 
Court. 

National  authorities  are  collecting  evidence  of  the  international  crimes  that  may  have  been 
committed in Ukraine. Due to the ongoing hostilities, evidence cannot be stored securely in 
Ukraine,  requiring  that  a  back-up/storage  place  be  urgently  secured  by  the  Union.  Thus,  in 
order  to  coordinate  efforts  currently  deployed  by  Member  States  to  collect  evidence,  it  is 
necessary to quickly set up central storage, where evidence collected by Union agencies and 
bodies  as  well  as  national  and  international  authorities  or  third  parties  such  as  civil  society 
organisations could be stored. However, while the Eurojust Regulation provides that Eurojust 
supports  Member  States’  action  in  investigating  and  prosecuting  serious  crime,  it  does  not 
explicitly  allow  Eurojust  to  collect,  preserve  and  analyse  such  evidence  in  relation  to  this 
purpose.  

In  order  to  perform  its  tasks,  Eurojust  has  established  a  case  management  system,  which 
contains  non-personal  data  and  the  personal  data  referred  to  in  Annex  II  to  the  Eurojust 
Regulation.  The  case  management  system  mainly  aims  to  support  the  management  and 
coordination  of  investigations  and  prosecutions  for  which  Eurojust  provides  assistance.  The 
Eurojust  Regulation  restricts  the  set-up  of  the  case  management  system  to  temporary  work 
files, aiming to support the follow-up on ongoing cases, and an index2. Processing of personal 
data outside of the case management system is prohibited3. When coordinating and supporting 
investigations  and  prosecutions,  Eurojust  can  temporarily  store  and  exchange  evidence  in 
accordance with the rules set out in the Regulation.  

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Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Receipt of Referrals 
from 39 States Parties and the Opening of an Investigation, 2 March 2022. 
Article 23(1) of the Eurojust Regulation. 
Article 23(6) of the Eurojust Regulation.  

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The  Commission  has  already  proposed  to  enhance  the  current  set-up  of  the  Eurojust’s  case 
management  system  with  regard  to  Eurojust’s  activities  concerning  investigations  and 
prosecutions of terrorist offences. On 1 December 2021, the Commission adopted a proposal 
to improve the functioning of the European Judicial Counter-Terrorism Register at Eurojust4. 
As  part  of  that  proposal,  the  modernisation  of  the  case  management  system  and  the 
digitalisation  of  the  information  exchange  between  national  competent  authorities  and 
Eurojust are envisaged.  

The  recent  events  connected  with  Russia’s  aggression  against  Ukraine  have  further 
demonstrated the urgent need to go beyond the Eurojust’s existing case management system.  
The  current  data  processing  architecture  at  Eurojust  does  not  allow  Eurojust  to  collect, 
preserve  and  analyse  evidence  relating  to  core  international  crimes,  including  those  that  are 
likely  being  committed  in  Ukraine,  due  to  the  scale  of  the  events  and  the  vast  amount  of 
evidence that needs to be stored in case of the commission of such crimes. 

Against this background, this proposal seeks to allow Eurojust to collect, preserve and analyse 
evidence  in  relation  to  genocide,  crimes  against  humanity,  war  crimes  and  related  criminal 
offences  and,  when  necessary  and  appropriate,  enable  its  exchange  or  otherwise  make  it 
available  to  the  competent  judicial  authorities,  national  or  international.  The  collection  of 
evidence  does  not  amount  to  providing  Eurojust  with  an  executive  role  as  investigating 
authority, which would not be covered by Eurojust’s mandate, but is meant to ensure Eurojust 
can receive and centrally store the evidence from different sources. By doing so, Eurojust can 
support  case  building  work  in  national  and  international  investigations  in  a  more  effective 
way  and  provide  additional  support  to  the  competent  prosecution  services.  To  this  end,  this 
proposal  envisages the establishment  of an  automated data management  and storage facility 
outside  the  case  management  system.  In  view  of  the  sensitive  nature  of  the  personal  data 
involved,  their  processing,  including  collection,  preservation,  analysis  and  exchange,  must 
comply with the highest standards of data protection and cyber security. 

Crucial  evidence  about  core  international  crimes  is  usually  available  in  the  form  of,  among 
others, audio  recordings, videos and photographs. Satellite images may  also  prove useful to 
demonstrate the commission of these crimes. For this reason, this proposal also aims to extend 
the categories of data that Eurojust can legally process to videos and audio recordings as well 
as  satellite  images  and  any  relevant  photographs.  With  a  view  to  allowing  national  and 
international  judicial  authorities  to  benefit  from  the  fully-fledged  support  that  Eurojust  can 
provide  in  the  ongoing  investigations  of  core  international  crimes  in  the  context  of  the 
aggression  against  Ukraine,  the  amendments  to  the  Eurojust  Regulation  envisaged  in  this 
proposal need to be urgently enacted.  

• 

Consistency with existing policy provisions in the policy area 

The  proposal  contributes  to  achieving  the  objective  of  offering  Union  citizens  an  area  of 
freedom, security and justice without internal frontiers, where appropriate measures are taken 
to prevent and combat crime. 

The proposal was adopted in the aftermath of Russia’s aggression against Ukraine as it soon 
became evident that Eurojust’s current legal framework would need targeted amendments to 
allow  Eurojust  to  fulfil at  its  best  the  objectives  to  support  and  strengthen  coordination  and 

4 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending  Regulation  (EU) 
2018/1727 of the European Parliament and the Council and Council Decision 2005/671/JHA, as regards 
the digital information exchange in terrorism cases, COM(2021) 757 final, 1.12.2021.  

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cooperation  between  national  investigating  and  prosecuting  authorities  in  relation  to  core 
international crimes perpetrated by parties to the conflict.  

The  proposal  follows  up  on  the  proposal  to  amend  the  Eurojust  Regulation  and  Council 
Decision 2005/671/JHA as regards the digital information exchange in terrorism cases, which 
was  adopted  on  1  December  2021.  The  two  proposals  share  the  same  objective  to  enable 
Eurojust  to  fulfil  its  stronger  role  envisaged  in  the  Eurojust  Regulation  in  supporting  and 
strengthening the coordination and the cooperation between national authorities investigating 
and prosecuting serious crime.  

The  two  proposals  are  complementary  as  they  concern  different  forms  of  crime  (core 
international crimes and terrorist offences) and provide for different changes to the Eurojust’s 
data processing  architecture.  The proposal on the Counter-Terrorism Register aims  at better 
integrating such a Register in Eurojust’s legal  and technical framework so that Eurojust can 
identify links between simultaneous investigations and prosecutions of terrorist offences. The 
present proposal intends to allow Eurojust to  collect, preserve, analyse and, when necessary 
and  appropriate,  exchange  evidence  of  core  international  crimes  by  providing  for  the 
establishment  of  an  automated  data  management  and  storage  facility  outside  the  case 
management system. The negotiations and the text of the proposal on the Counter-Terrorism 
Register will need to be aligned with the present proposal. 

• 

Consistency with other Union policies 

The Union’s reaction to Russia’s invasion of Ukraine has concerned several Union policies. 
For instance, the Union has swiftly adopted a comprehensive and robust package of restrictive 
measures.  It  has  stopped  treating  Russia  as  a  most-favoured-nation  within  the  World  Trade 
Organization  framework  and  has  announced  an  emergency  package  of  nearly  EUR  550 
million to deal with the humanitarian consequences of the invasion. All these actions, as well 
as this proposal, aim to ensure that the Union is equipped with adequate tools to address, in 
full respect of the rule of law and fundamental rights, the consequences of Russia’s military 
aggression  against  Ukraine  (including  criminal  liability  for  core  international  crimes 
committed in the context of the conflict). The ultimate goal of all these actions is to restore 
peace, the promotion of which is the first of the Union’s objectives.  

The  proposal  is  consistent  with  the  complementary  roles  of  Europol  and  Eurojust.  Europol 
supports and strengthens action by the competent law enforcement authorities of the Member 
States  and  their  mutual  cooperation  in  preventing  and  combating  genocide,  crimes  against 
humanity  and  war  crimes,  while  Eurojust  plays  a  similar  role  vis-à-vis  judicial  authorities. 
Europol  also  established  the  “Analysis  Project  Core  International  Crimes”.  Through  the 
establishment of this Analysis Project, Europol  aims to support the competent authorities of 
the Member States, third Parties and organisations in preventing and combating international 
crimes such as genocide, crimes against humanity and war crimes, for instance by analysing 
information  and  intelligence  concerning  such  crimes.  Eurojust  and  Europol  will  coordinate 
and  cooperate  in  the  context  of  their  respective  mandates,  including  by  updating  the 
operational  agreement  they  signed  in  2010  in  order  to  increase  their  effectiveness  in 
combating  serious  crime,  which  falls  within  their  respective  competences,  and  to  avoid 
duplication of work and resources. 

The  proposal  also  takes  into  consideration  and  fully  respects  the  Union  acquis  on  data 
protection.  

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Article 85 of the Treaty on the Functioning of the European Union 
(TFEU). Article 85 TFEU is the legal basis for the Eurojust Regulation, which this proposal 
aims to amend. Article 85 TFEU provides for Eurojust to be governed by a regulation to be 
adopted in accordance with the ordinary legislative procedure. The Eurojust Regulation lays 
down  the  rules  on  the  establishment  and  functioning  of  the  Eurojust’s  case  management 
system. 

• 

Subsidiarity (for non-exclusive competence) 

The area of freedom, security and justice, in the context of which this proposal is adopted, is 
an area of shared competence between the Union and the Member States in accordance with 
Article 4(2) TFEU.  Therefore,  in accordance with  the principle of subsidiarity laid  down in 
Article  5(3)  of  the  Treaty  on  European  Union  (TEU),  action  at  Union  level  should  only  be 
taken when the aims of the proposed action cannot be sufficiently achieved by Member States 
and can therefore, by reason of the scale or effects of the proposed action, be better achieved 
at Union level. 

Core international crimes, even when committed only in one country and outside the Union, 
have wide implications for the European and global security and stability. In accordance with 
the principle of complementarity, when a State is unwilling or unable genuinely to carry out 
the  investigation  or  prosecution  of  these  crimes  despite  being  competent  to  do  so,  the 
International Criminal Court may investigate and prosecute such crimes, provided that it has 
jurisdiction.  

Action at national level alone cannot therefore ensure prosecution of core international crimes 
effectively.  Member  States  need  to  work  together  to  investigate  and  prosecute  them  and 
address common challenges. Among the latter, the challenges connected with the collection, 
preservation and analysis of evidence related to core international crimes are prominent, and 
so  are  those  concerning  the  access  to  and  exchange  of  such  evidence  by  national  and 
international authorities that can investigate and prosecute the crimes at hand.  As the Union 
agency for criminal justice cooperation, Eurojust is a strong expression of this endeavour by 
the  Member  States  to  bring  the  perpetrators  of  these  heinous  crimes  to  justice  by  working 
together. Eurojust is ideally placed to collect, preserve and analyse such evidence and, when 
necessary  and  appropriate,  enable  its  exchange  or  otherwise  make  it  available  to  the 
competent  national  or  international  judicial  authorities,  including  the  International  Criminal 
Court.  Such  judicial  authorities  include,  in  line  with  the  Eurojust  Regulation,  prosecution 
services. 

There  is  therefore  a  specific  need  for  Union  action.  This  proposal  envisages  measures  that 
have  an  intrinsic  Union  dimension.  They  aim  at  improving  Eurojust’s  ability  to  act  and  at 
allowing  Eurojust  to  fulfil  its  key  objective  to  support  and  strengthen  the  coordination  and 
cooperation between national investigating and prosecuting authorities in relation to genocide, 
crimes  against  humanity  and  war  crimes.  This  objective  can  only  be  achieved  at  the  Union 
level, in line with the subsidiarity principle. 

• 

Proportionality 

In accordance with the principle of proportionality laid down in Article 5(4) TEU, there is a 
need to  match the nature and intensity of a  given measure with  the identified problem.  The 
problems addressed in this proposal call for Union-level support for Member States to tackle 
these  problems  effectively.  The  proposal  aims  to  ensure  that  Eurojust,  in  addition  to  its 
current tasks and powers and without prejudice to them, can also collect, preserve and analyse 

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evidence concerning genocide, crimes against humanity and war crimes and, when necessary 
and  appropriate,  exchange  it  or  otherwise  make  it  available  to  the  competent  national  and 
international judicial authorities, including the International Criminal Court; hence, it does not 
touch  upon  all  other  forms  of  serious  crime  with  which  Eurojust  is  competent  to  deal  in 
accordance  with  the  Eurojust  Regulation.  Without  the  amendments  suggested  by  this 
proposal,  Eurojust  may  not  be  able  to  fulfil  its  key  role  in  supporting  and  strengthening 
cooperation between Member States’ national authorities in the investigation and prosecution 
of core international crimes.  

This proposal introduces minimal changes to the Eurojust Regulation which do not overhaul 
its structure nor alter Eurojust’s functioning. The current powers and tasks of Eurojust remain 
unaffected. The suggested amendments strengthen Eurojust’s role as already envisaged by the 
Regulation  and take  into account  the sensitivity  of the data to  be processed and  the need to 
ensure  their  protection.  Therefore,  in  line  with  the  principle  of  proportionality,  the  proposal 
does not go beyond what is necessary to achieve this objective.  

• 

Choice of the instrument 

The  proposal  amends  the  Eurojust  Regulation.  Article  85  TFEU  is  the  legal  basis  for  the 
Eurojust Regulation and provides for Eurojust to be governed by a regulation to be adopted in 
line with the ordinary legislative procedure. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Collection and use of expertise 

The Commission urgently adopted this proposal further to several exchanges – on a bilateral 
basis or in the context of collective meetings – with Eurojust and national authorities involved 
in  the  investigations  of  core  international  crimes,  as  well  as  civil  society  organisations  and 
other Union entities. All of them pointed out the  need for the central storage of evidence as 
well as the current limitations of the Eurojust’s case management system and their impact on 
Eurojust’s  ability  to  support  and  strengthen  coordination  and  cooperation  between  national 
investigating  and  prosecuting  authorities  in  relation  to  core  international  crimes,  including 
those that may be committed in the context of the current hostilities in Ukraine.  

In addition, an extensive consultation was carried out in 2021 in the context of the preparation 
of  the  proposal  on  digital  information  exchange  in  terrorism  cases5,  confirming  the  need  to 
improve the Eurojust’s case management system. 

By the date of publication of this proposal, Eurojust has participated in all the six meetings of 
the  Commission’s  Freeze  and  Seize  Task  Force,  which  was  established  at  the  beginning  of 
March  2022  to  ensure  coordination  among  Member  States  in  the  enforcement  of  the  Union 
restrictive measures against Russian and Belarussian listed individuals and companies, and to 
explore the possible interplay between restrictive measures and criminal law measures.  

The Commission took part in the two extraordinary meetings of the Genocide Network – the 
Secretariat  of  which  is  hosted  at  Eurojust  –  devoted  to  the  situation  in  Ukraine  (11  March 
2022  and  5  April  2022),  where  the  need  for  central  storage  of  evidence  was  also  voiced, 
including  by  the  Prosecutor  of  the  International  Criminal  Court.  The  same  issues  were  also 
raised in several meetings of the Eurojust College and Executive Board.  

5 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending  Regulation  (EU) 
2018/1727 of the European Parliament and the Council and Council Decision 2005/671/JHA, as regards 
the digital information exchange in terrorism cases, COM(2021) 757 final, 1.12.2021. 

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• 

Impact assessment 

Given  the  exceptional  urgency,  no  impact  assessment  could  be  conducted  and  the  relevant 
obligation was lifted. That said, the proposal only aims to further improve Eurojust’s capacity 
to  fulfil  its  objectives  laid  down  in  the  Eurojust  Regulation  by  establishing  an  up-to-date 
technical  solution  within  Eurojust  to  support  Member  States’  authorities  when  dealing  with 
genocide,  crimes  against  humanity  and  war  crimes.  The  proposal  does  not  change  the  main 
principles  that  underpin  the  functioning  of  Eurojust  and  the  existing  legal  framework  on 
judicial  cooperation  in  criminal  matters,  nor  does  it  restrict  in  any  way  the  existing  powers 
and tasks of Eurojust. The expected impacts of the proposed amendments are very limited as 
the proposal  only  introduces one specific  additional task to  Eurojust.  It  allows for a limited 
functionality in the existing overall Eurojust architecture and concerns only one out of the 30 
forms of serious crime Eurojust is competent to deal with. An assessment of the consistency 
of  the  complementary  roles  of  Eurojust  and  Europol  will  be  carried  out  under  the  Eurojust 
Regulation  in  force.  The  Commission  will  carry  out  an  independent  evaluation  on  the 
implementation of the Eurojust Regulation and Eurojust’s activities by 13 December 2024 in 
line with Article 69(1) of the Eurojust Regulation. 

• 

Fundamental rights 

Due  to  the  importance  of  processing  personal  data  for  law  enforcement  purposes  and 
Eurojust’s support activities, the proposal underlines the need to ensure full compliance with 
fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union 
(‘the Charter’), notably the right to the protection of personal data6 and the right to respect for 
private  life7.  This  is  of  particular  importance  since  the  proposal  involves  the  processing  of 
operational personal data relating to criminal investigations and prosecutions.  

The proposal  clarifies that the existing provisions of the Eurojust Regulation setting out  the 
robust  data  protection  regime  of  Eurojust  apply  to  the  automated  data  management  and 
storage  facility  where  evidence  concerning  core  international  crimes  will  be  analysed  and 
preserved, with the exception of those rules directly linked to the technical design of the case 
management system, i.e. temporary work files and index.  They include, in accordance with 
Article  26(2)  of  the  Eurojust  Regulation,  also  the  provisions  on  data  protection  set  out  in 
Regulation (EU) 2018/1725.  

The  proposal  also  requires  that  Eurojust  should  first  consult  the  European  Data  Protection 
Supervisor  (EDPS)  following  receipt  of  a  notification  from  the  Data  Protection  Officer 
containing at least a general description of the envisaged processing operations, an assessment 
of  the  risks  to  the  rights  and  freedoms  of  data  subjects,  the  measures  envisaged  to  address 
those  risks,  safeguards  and  security  measures  and  mechanisms  to  ensure  the  protection  of 
personal  data  and  to  demonstrate  compliance  with  the  Eurojust  Regulation,  taking  into 
account  the  rights  and legitimate interests of the  data subjects  and other  persons concerned. 
The EDPS will be consulted. 

The  proposal  provides  that  the  automated  data  management  and  storage  facility  should 
comply with the highest standards of cyber security. 

6 
7 

Article 8 of the Charter. 
Article 7 of the Charter. 

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4. 

BUDGETARY IMPLICATIONS 

This  proposal  would  have  an  impact  on  Eurojust’s  budget  and  its  staff  needs.  Under  the 
legislative  financial  statement  accompanying  the  proposal,  it  is  estimated  that  further  EUR 
15.705  million  would  be  needed  for  the  period  2022-2027  to  allow  Eurojust  to  perform  the 
tasks provided for by this proposal. This includes the costs for the setting up and management 
of  the  automated  data  management  and  storage  facility  (approximately  EUR  500  000  per 
year) and for the necessary human resources to handle it.  

It  is  estimated  that  16  additional  posts  would  be  necessary,  including  judicial  cooperation 
experts, lawyers-linguists, analysts, legal  experts,  ICT security officers, liaison  officers with 
the  International  Criminal  Court and  civil  society  organisations, and administrative officers. 
Due to the urgency of the situation, such posts should be filled as soon as possible.  

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The collection, preservation and  analysis of evidence of  core  international  crimes is  usually 
carried out by a wide range of different stakeholders, as is currently the case in the context of 
the ongoing hostilities in Ukraine: national authorities, Union bodies, including JHA agencies, 
missions  under  the  Common  Security  and  Defence  Policy,  international  organisations  and 
private entities, including non-governmental organisations and civil society organisations. 

In this context, Eurojust should be able to centralise evidence available to public authorities 
while applying the highest security and traceability standards. Such information and (physical 
and electronic) evidence could be used both for criminal cases before national courts and for 
prosecutions by the International Criminal Court or any other court or mechanism established 
for that purpose. The proposal does not however aim to introduce any obligation on national 
authorities to share such information and evidence. 

Article 1(1) expressly extends Eurojust’s operational functions with  regard to the collection, 
analysis, preservation and sharing of evidence in support of investigations and prosecutions of 
core  international  crimes,  in  particular  genocide,  crimes  against  humanity,  war  crimes  and 
related  criminal  offences  in  accordance  with  Article  3(4)  of  the  Eurojust  Regulation.  The 
analytical  support  provided  by  Eurojust  is  one  of  the  main  operational  tasks  that  Eurojust 
already  exercises  and  is  further  strengthened  with  this  proposal.  Eurojust  can  support  the 
Member  States’  competent  authorities  with  analysis  of  evidence,  especially  as  regards  the 
assessment  of  the  authenticity  and  reliability  of  evidence  related  to  facts  that  are  subject  to 
ongoing investigations and prosecutions, including those that Eurojust supports, to ensure the 
subsequent  admissibility  of  such  evidence  in  national  or  international  courts  or  equivalent 
mechanisms.  Under  the  Eurojust  Regulation,  Eurojust  may  already  transmit  evidence  to 
national  competent authorities as well as international  organisations, in  accordance with  the 
provisions  setting  out  Eurojust’s  data  protection  framework,  and  temporarily  store  such 
evidence in support to national investigations and prosecutions. Article 1(1) clarifies that the 
existing framework  also applies to evidence collected, stored and analysed in the automated 
data management and storage facility outside the case management system.  

As  the  current  Eurojust’s  case  management  system  does  not  have  the  technical  capacity  to 
centralise  evidence  on  core  international  crimes  in  an  efficient  and  secure  manner,  Article 
1(2)  aims  to  provide  Eurojust  with  the  operational  means  to  perform  its  support  and 
coordination tasks with regard to these crimes pending the setting up and full functioning of 
the new case management system. This would allow Eurojust to perform its above-mentioned 

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tasks  even  beforehand,  including  with  regard  to  the  core  international  crimes  that  are  likely 
being committed in Ukraine. This provision takes into account the sensitivity of the data to be 
processed and the need to ensure their protection.  

Crucial  evidence  about  core  international  crimes  is  usually  available  in  the  form  of  audio 
recordings and videos. Satellite images may also prove useful to demonstrate the commission 
of  these  crimes.  For  this  reason,  it  appears  necessary  to  extend  the  categories  of  data  that 
Eurojust can legally process  and to  amend Annex II of the  Eurojust  Regulation  accordingly 
(Article 1(3)). 

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2022/0130 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2018/1727 of the European Parliament and the Council, as 
regards the collection, preservation and analysis of evidence relating to genocide, crimes 
against humanity and war crimes at Eurojust 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 85 thereof, 

Having regard to the proposal from the European Commission, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Regulation  (EU)  2018/1727  of  the  European  Parliament  and  of  the  Council8 
established Eurojust and sets out its tasks, competence and functions. 

Eurojust is competent with respect to the forms of serious crime listed in Annex I to 
Regulation  (EU)  2018/1727,  which  include  genocide,  crimes  against  humanity  and 
war crimes. In accordance with Article 3(4) of Regulation (EU) 2018/1727, Eurojust’s 
competence  also  covers  criminal  offences  related  to  the  criminal  offences  listed  in 
Annex I to that Regulation.  

On 24 February 2022, Russia began a military aggression against Ukraine. There is a 
reasonable basis to believe that crimes against humanity and war crimes have been and 
are being committed in Ukraine in the context of the current hostilities.  

In  view  of  the  gravity  of  the  situation,  the  Union  should  take  all  the  necessary 
measures, as a matter of urgency, to ensure that those who committed those crimes in 
Ukraine are held responsible. 

Prosecution  services  in  several  Member  States  as  well  as  in  Ukraine  have  started 
investigations  concerning  the  events  in  Ukraine,  when  appropriate  relying  on  the 
support of Eurojust. Eurojust concluded an agreement on cooperation with Ukraine on 
27  June  2016.  In  accordance  with  this  agreement,  a  Ukrainian  liaison  prosecutor  is 
posted to Eurojust to facilitate the cooperation between Eurojust and Ukraine.   
In accordance with the Rome Statute9, the International Criminal Court has the power 
to exercise its jurisdiction over individuals responsible for the most serious crimes of 
international  concern,  as  referred  to  in  the  Rome  Statute.  The  jurisdiction  of  the 
International Criminal Court is complementary to national criminal jurisdictions. The 
Office  of  the  Prosecutor  of  the  International  Criminal  Court  announced  it  has 
proceeded to open an investigation into the situation in Ukraine.  

8 

9 

Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on 
the  European Union  Agency  for Criminal Justice Cooperation (Eurojust), and replacing and repealing 
Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138). 
Rome Statute of the International Criminal Court.  

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(7) 

(8) 

(9) 

Due  to  the  application  of  the  principle  of  universal  jurisdiction  in  several  Member 
States and the complementary nature of the International Criminal Court’s jurisdiction, 
coordination and exchange of evidence between national investigating and prosecuting 
authorities in different jurisdictions as well as with the International Criminal Court, or 
other court, tribunal or mechanism established for that purpose, is important to ensure 
the  effectiveness  of  investigations  and  prosecutions  of  genocide,  crimes  against 
humanity and war crimes and related offences, including those that may be committed 
in Ukraine in the context of the current hostilities.  

To  ensure  that  evidence  and  best  practices  relating  to  the  prosecution  of  genocide, 
crimes  against  humanity  and  war  crimes  are  shared  with  national  and  international 
judicial  authorities,  Eurojust  should  enhance  its  cooperation  with  criminal  courts, 
tribunals and mechanisms established to address breaches of international law. For that 
purpose,  Eurojust  should  establish  close  cooperation  with  the  International  Criminal 
Court  and  any  other  court,  tribunal  or  mechanism  that  aims  at  addressing  crimes 
affecting  the  international  peace  and  safety.  Accordingly,  Eurojust  should  also 
facilitate the execution of judicial cooperation requests from the International Criminal 
Court or special criminal courts, tribunals or mechanisms concerning evidence related 
to genocide, crimes against humanity, war crimes and related criminal offences. 

Evidence  related  to  genocide,  crimes  against  humanity  and  war  crimes  cannot  be 
safely  stored  on  the  territory  where  the  hostilities  take  place,  as  is  the  case  with  the 
evidence  connected  with  the  ongoing  hostilities  in  Ukraine.  Therefore,  a  central 
storage  is  necessary.  Evidence  collected  by  Union  agencies  and  bodies  and 
international  authorities  or  third  parties  such  as  civil  society  organisations  may  also 
require a central storage place so as to be accessible to competent judicial authorities.  

(10)  Eurojust  has  the  expertise  and  experience  to  support  the  investigations  and 
prosecutions of cross-border crimes, including genocide, crimes against humanity, war 
crimes and related criminal offences. This includes preservation, analysis and storage 
of evidence as far as its admissibility before courts and reliability are concerned. 

(11)  By collecting, preserving and analysing evidence related to core international crimes, 
as  well  as,  when  necessary  and  appropriate,  enabling  its  exchange,  Eurojust  can 
support  case  building  in  national  and  international  investigations  and  provide 
additional  support  to  the  competent  national  and  international  authorities.  Such 
evidence may be especially valuable to ascertain the reliability of witness testimonies. 

(12)  A new temporary storage facility allowing for such storage, analysis and preservation 
should  be  set  up.  As  the  need  to  store  such  evidence  is  urgent,  it  is  necessary  for 
Eurojust to store it in an automated data management and storage facility outside the 
case management system, until the new case management system is  fully  functional. 
The  general  rules  of  the  distinct  Chapter  of  Regulation  (EU)  2018/1725  of  the 
European Parliament and of the Council on the processing of operational personal data 
should apply without prejudice to the specific data protection rules of Regulation (EU) 
2018/1727. The automated data management and storage facility should be integrated 
into the new case management system, which is expected to be established under the 
proposal for a Regulation on the digital information exchange in terrorism cases10. 

10 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending  Regulation  (EU) 
2018/1727 of the European Parliament and the Council and Council Decision 2005/671/JHA, as regards 
the digital information exchange in terrorism cases, COM(2021) 757 final, 1.12.2021. 

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(13)  The  storage,  analysis  and  preservation  of  evidence  in  relation  to  genocide,  crimes 
against  humanity,  war  crimes  and  related  criminal  offences  in  the  automated  data 
management  and  storage  facility,  as  well  as  their  accessibility  by  the  competent 
judicial  authorities  whenever  necessary  and  appropriate,  should  comply  with  the 
highest standards of cyber security and data protection, in accordance with Articles 7 
and 8 of the Charter of Fundamental Rights of the European Union.  

(14)  Satellite  images,  photographs,  videos  and  audio  recordings  can  be  useful  to 
demonstrate  the  commission  of  genocide,  crimes  against  humanity,  war  crimes  and 
related criminal offences. Therefore, Eurojust should be able to process and store such 
data in relation to this purpose.  

(15)  Eurojust  and  Europol  should  closely  cooperate  in  the  context  of  their  respective 
mandates,  in  particular  as  regards  the  processing  and  analysis  of  information  in  the 
context  of  Europol’s  existing  and  dedicated  system  (called  analysis  project)  on 
international crimes, to support competent authorities in investigating and prosecuting 
genocide,  crimes  against  humanity,  war  crimes  and  related  criminal  offences. 
Therefore,  Eurojust  may  refer  to  Europol  information  that  it  has  received  in  the 
performance  of  its  functions  in  accordance  with  Article  4(1)(j)  of  Regulation  (EU) 
2018/1727.  The  cooperation  should  include  a  regular  joint  evaluation  of  operational 
and technical issues. 

(16) 

[In accordance with Articles 1, 2 and 4a(1) of Protocol No 21 on the position of the 
United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom,  security  and  justice, 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European  Union,  and  without  prejudice  to  Article  4  of  that  Protocol,  Ireland  is  not 
taking part in the adoption of this Regulation and is not bound by it or subject to its 
application.] OR [In accordance with Article 3 and Article 4a(1) of Protocol No 21 on 
the  position  of  the  United  Kingdom  and  Ireland  in  respect  of  the  area  of  freedom, 
security and justice, annexed to the Treaty on European Union and to the Treaty on the 
Functioning  of  the  European  Union,  Ireland  has  notified  its  wish  to  take  part  in  the 
adoption and application of this Regulation.] 

(17) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  Position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European Union, Denmark is not taking part in the adoption of this Regulation and is 
not bound by it or subject to its application. 

(18)  The European Data Protection Supervisor was consulted in accordance with Article 42 

of Regulation (EU) 2018/1725 and delivered an opinion on XX/XX/20XX, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EU) 2018/1727 

Regulation (EU) 2018/1727 is amended as follows: 

(1) 

in Article 4(1), the following point (j) is added: 

“(j) support Member States’ action in combating genocide, crimes against humanity, 
war  crimes  and  related  criminal  offences,  including  by  collecting,  preserving  and 
analysing  evidence  related  to  these  criminal  offences,  as  well  as,  where  necessary 
and  appropriate,  enabling  its  exchange  or  otherwise  making  it  directly  available  to 

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the  competent  national  and  international  judicial  authorities,  in  particular  the 
International Criminal Court”  

(2) 

in Article 80, the following paragraph 8 is added: 

“(8)  By  way  of  derogation  from  Article  23(6),  Eurojust  may  process  operational 
personal data for the performance of the tasks referred to in Article 4(1), point (j), in 
an  automated  data  management  and  storage  facility  outside  the  case  management 
system. The automated data management and storage facility shall comply with the 
highest standards of cyber security. The operation of the automated data management 
and  storage  facility  shall  be  subject  to  prior  consultation  of  the  EDPS.  The  EDPS 
shall  deliver  his  or  her  opinion  within  two  months  following  the  receipt  of  a 
notification from the Data Protection Officer. 

The notification from the Data Protection Officer shall contain at least the following 
elements: 

(a) a general description of the envisaged processing operations; 

(b) an assessment of the risks to the rights and freedoms of data subjects; 

(c) the measures envisaged to address those risks; 

(d)  safeguards,  security  measures  and  mechanisms  to  ensure  the  protection  of 
personal  data  and  to  demonstrate  compliance  with  this  Regulation,  taking  into 
account  the  rights  and  legitimate  interests  of  the  data  subjects  and  other  persons 
concerned. 

The data protection provisions of this Regulation shall apply to the processing of data 
in the automated data management and storage facility as far as they do not directly 
relate  to  the  technical  set-up  of  the  case  management  system  in  accordance  with 
Article 23(1) of this Regulation.  Access  right and time limits  for the data  stored in 
the automated data management and storage facility shall be linked to the access to 
the temporary work files, in support of which the data is stored.  

The  derogation  provided  for  in  this  paragraph  shall  end  at  the  time  when  the  new 
case  management  system  is  in  place.  The  Commission  shall  determine  the  date  at 
which  the  new  case  management  system  is  in  place  by  a  decision  that  shall  be 
published in the Official Journal of the European Union.” 

(3) 

Annex II is amended as follows: 

(a) 

point 1(n) is replaced by the following: 

“(n) DNA profiles established from the non-coding part of DNA, photographs 
and fingerprints and, in relation to the criminal offences referred to in Article 
4(1)(j), videos and audio recordings.” 

(b)  point 2(f) is replaced by the following: 

“(f) the description and nature of the offences involving the person concerned, 
the  date  and  location  on  which  the  offences  were  committed,  the  criminal 
category of the offences, and, in relation to the criminal offences referred to in 
Article  4(1)(j),  information  relating  to  criminal  conduct,  including  audio 
recordings, videos, satellite images and photographs and to the progress of the 
investigations;” 

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Article 2 

Entry into force 

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

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President

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LEGISLATIVE FINANCIAL STATEMENT 'AGENCIES' 

TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  .............................................. 16 

Title of the proposal/initiative .................................................................................... 16 

Policy area(s) concerned ............................................................................................ 16 

The proposal relates to  .............................................................................................. 16 

Objective(s) ................................................................................................................ 16 

1.4.1.  General objective(s)  .................................................................................................. 16 

1.4.2.  Specific objective(s)  .................................................................................................. 17 

1.4.3.  Expected result(s) and impact .................................................................................... 17 

1.4.4. 

Indicators of performance  ......................................................................................... 17 

1.5. 

Grounds for the proposal/initiative  ........................................................................... 17 

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of 
the implementation of the initiative ........................................................................... 17 

1.5.2.  Added value of Union involvement (it may result from different factors, e.g. coordination 
gains, legal certainty, greater effectiveness or complementarities). For the purposes of this 
point 'added value of Union involvement' is the value resulting from Union intervention which 
is additional to the value that would have been otherwise created by Member States alone.
 .................................................................................................................................... 17 

1.5.3.  Lessons learned from similar experiences in the past ................................................ 18 

1.5.4.  Compatibility with the Multiannual Financial Framework and possible synergies with other 

appropriate instruments .............................................................................................. 19 

1.5.5.  Assessment of the different available financing options, including scope for redeployment

 .................................................................................................................................... 19 

1.6. 

1.7. 

2. 

2.1. 

2.2. 

2.2.1. 

2.2.2. 

Duration and financial impact of the proposal/initiative ........................................... 20 

Management mode(s) planned  .................................................................................. 20 

MANAGEMENT MEASURES  ............................................................................... 21 

Monitoring and reporting rules  ................................................................................. 21 

Management and control system(s)  .......................................................................... 21 

Justification of the management mode(s), the funding implementation mechanism(s), the 
payment modalities and the control strategy proposed .............................................. 21 

Information concerning the risks identified and the internal control system(s) set up to mitigate 
them ............................................................................................................................ 22 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ 

value of the related funds managed"), and assessment of the expected levels of risk of error (at 
payment & at closure)  ............................................................................................... 22 

2.3. 

Measures to prevent fraud and irregularities  ............................................................. 22 

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  ........... 23 

Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 
 .................................................................................................................................... 23 

3.2. 

Estimated impact on expenditure  .............................................................................. 24 

3.2.1.  Summary of estimated impact on expenditure  .......................................................... 25 

3.2.2.  Estimated impact on [body]'s appropriations  ............................................................ 26 

3.2.3.  Estimated impact on [body]'s human resources  ........................................................ 27 

3.2.4.  Compatibility with the current multiannual financial framework  ............................ 32 

3.2.5.  Third-party contributions  .......................................................................................... 32 

3.3. 

Estimated impact on revenue  .................................................................................... 33 

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1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

Proposal for a Regulation of the European Parliament and of the Council amending Regulation 
(EU)  2018/1727,  as  regards  the  collection,  preservation  and  analysis  of  evidence  relating  to 
genocide,  crimes  against  humanity  and  war  crimes  at  the  European  Union  Agency  for 
Criminal Justice Cooperation (Eurojust) 

1.2. 

Policy area(s) concerned 

Policy area: Justice and fundamental rights 

Activity: Investing in people, social cohesion and values   

071007: European Union Agency for Criminal Justice Cooperation (Eurojust) 

1.3. 

The proposal relates to  

 a new action  

 a new action following a pilot project/preparatory action11  

 the extension of an existing action  

 a merger of one or more actions towards another/a new action  

1.4. 

Objective(s) 

1.4.1.  General objective(s)  

Eurojust  was  established  as  an  intergovernemental  body  to  coordinate  investigations  and 
prosecutions  of  serious  cross-border  crime  in  Europe  and  beyond  by  Council  Decision 
2002/187/JHA. The Treaty of Lisbon has abolished the pillar structure of the European Union 
and aligned the area of Freedom, Security and Justice with the  acquis communautaire. With 
Regulation  (EU)  2018/1727  (‘Eurojust  Regulation’),  which  was  adopted  under  Article  85 
TFEU,  a  new  legal  framework  for  a  new  European  Union  Agency  for  Criminal  Justice 
Cooperation (Eurojust) was established. 

As the European Union’s hub for judicial cooperation in  criminal  matters, Eurojust supports 
national  investigating  and  prosecuting  authorities  in  relation  to  serious  crime  with  which 
Eurojust  is  competent  to  deal  in  accordance  with  Eurojust  Regulation.  Among  others, 
genocide,  crimes  against  humanity  and  war  crimes  (also  collectively  referred  to  as  ‘core 
international crimes’) are crimes with which Eurojust is competent to deal.   

The  recent  events  connected  with  Russia’s  invasion  of  Ukraine  revealed  the  urgent  need  to 
allow Eurojust to collect, preserve and analyse evidence in relation to  genocide, war crimes, 
and  crimes  against  humanity  and  related  criminal  offences,  and  to  make  it  available  to  the 
competent authorities, national or international. 

Against this background, the general objective of this proposal is to allow Eurojust to perform 
this additional task by setting up a temporary automated data management and storage facility 
outside the case management system.  

11 

As referred to in Article 58(2)(a) or (b) of the Financial Regulation. 

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1.4.2. 

Specific objective(s)  

The specific objective derives from the general objective as outlined above: 

Specific  objective  No.  1:  To  enable  Eurojust  to  collect,  preserve  and  analyse  evidence  in 
relation to genocide, war crimes, and crimes against humanity and related criminal offences, 
as  well  as,  when  necessary  and  appropriate,  to  enable  its  exchange  or  otherwise  make  it 
available to the competent national and international authorities.  

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The  initiative  is  expected  to  legally  and  technically  allow  Eurojust  to  collect,  preserve,  
analyse  and,  when  necessary  and  appropriate,  transmit  evidence  of  core  international  crimes 
by  setting  up  a  temporary  automated  data  management  and  storage  facility  outside  the  case 
management system. 

1.4.4. 

Indicators of performance  

Specify the indicators for monitoring progress and achievements. 

– 

– 

– 

– 

The amount of information sent by individuals, Member States, Third Countries, NGOs 
and other relevant actors; 

Number of prosecutions based on evidence stored in the system; 

Number of information sent from Eurojust to the Member States; 

Number of operative cases supported.  

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of 

the implementation of the initiative 

The  roll-out  of  the  implementation  of  the  legislative  initiative  requires  technical  and 
procedural  measures  at  EU level,  which should  start  when the revised legislation enters into 
force.  

The main requirements following entry into force of the proposal are as follows: 

– 

– 

– 

Eurojust  to  implement  the  new  system  that  allows  the  storage  and  management  of  the 
evidence collected.  

Eurojust to receive evidence from relevant stakeholders (i.e. Member States, individuals, 
Third States, NGOs…). 

Eurojust to allow access to Member States to use this evidence in the investigations and 
prosecution  of  genocide,  crimes  agains  humanity,  war  crimes  and  related  criminal 
offences. 

Due to the urgent need to ensure that Eurojust can perform these tasks already with regard to 
the core international crimes that may be committed in the context of the current hostilities in 
Ukraine, Eurojust will implement the database in 2022 and will start the colletion and manage 
of evidence already in 2022. 

1.5.2.  Added  value  of  Union  involvement  (it  may  result  from  different  factors,  e.g.  coordination 
gains,  legal  certainty,  greater  effectiveness  or  complementarities).  For  the  purposes  of  this 

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17 

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point 'added value of Union involvement' is the value resulting from Union intervention which 
is additional to the value that would have been otherwise created by Member States alone. 

On  24  February  2022,  Russia  began  a  military  invasion  of  Ukraine.  There  is  a  reasonable 
ground  to  believe  that  war  crimes  and  crimes  against  humanity  have  been  and  are  being 
committed in Ukraine. On 2 March 2022, the Prosecutor of the  International Criminal Court 
announced  he  had  proceeded  to  open  an  investigation  into  the  situation  in  Ukraine.  The 
prosecution  services  in  several  Member  States  as  well  as  in  Ukraine  have  also  started 
investigations  of core international  crimes, some  of which are supported  and coordinated by 
Eurojust.  Eurojust  has  the  expertise  and  experience  to  support  the  investigations  and 
prosecutions  of  core  international  crimes,  including  by  facilitating  the  activities  of  Joint 
Investigation Team (JITs), such as the one set up by some Member States and Ukraine in the 
context of the current hostilities in Ukraine.  

National  authorities  are  collecting  evidence  of  the  core  international  crimes  that  may  have 
been  committed  in  Ukraine  by  all  parties  to  the  conflict.  Due  to  the  ongoing  hostilities, 
evidence cannot be stored securely in Ukraine. It is necessary to set up a central storage, where 
also  evidence  collected  by  Union  agencies  and  bodies  as  well  as  national  and  international 
authorities  or  third  parties  such  as  civil  society  organisations  could  be  stored.  While  the 
Eurojust Regulation provides that Eurojust supports Member States action in investigating and 
prosecuting serious crime, it does not explicitly allow Eurojust to collect, preserve and analyse 
evidence in relation to this purpose.  

The Commission adopted this proposal further to several exchanges – on a bilateral basis or in 
the  context  of  collective  meetings  –  with  Eurojust  and  national  authorities  involved  in  the 
investigations  of  core  international  crimes,  as  well  as  civil  society  organisations  and  other 
Union entities such as the European Union Advisory Mission Ukraine. All of them pointed out 
the need for central storage of evidence as well as the current limitations of the Eurojust’s case 
management system and their impact on Eurojust’s role to support and strengthen coordination 
and cooperation between national investigating and prosecuting authorities in relation to core 
international  crimes,  including  those  that  may  be  committed  in  the  context  of  the  current 
hostilities in Ukraine.  

This proposal is needed to set up an automated  data management and storage facility within 
the EU to collect, preserve and analyse evidence in a proper and legal way that allows national 
authorities  to  prosecute  genocide,  crimes  against  humanity,  war  crimes  and  related  criminal 
offences. 

1.5.3.  Lessons learned from similar experiences in the past 

The proposal  builds on the need to  coordinate the judicial  response to  the core international 
crimes  and  to  avoid  any  kind  of  impunity  against  the  perpetrators  of  these  crimes.  Europe 
faces  a  security  landscape  in  flux.  International  crises  have  always  had  an  impact  on  the 
European  way  of  life,  as  well  as  on  fundamental  rights  of  individuals.  Crimes  such  as 
genocide,  crimes  against  humanity  and  war  crimes  are  part  of  a  category  of  very  serious 
crimes, and the perpetrators of these crimes should not be unpunished. 

Judiciary is  based on the rule of law, and there are not  few cases where the perpetrator of a 
criminal has escaped justice due to an unlawful procedure to collect or manage the evidence. 

This proposal aims to establish a clear framework to fight against this impunity. 

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1.5.4.  Compatibility  with  the  Multiannual  Financial  Framework  and  possible  synergies  with  other 

appropriate instruments 

The reinforcement of  judicial  cooperation in  criminal  matters is a crucial part of creating an 
area of freedom, security and justice.  

This  urgent  solution  is  needed  with  a  view  to  allowing  Eurojust  to  exercise  the  above-
mentioned  new  tasks  already  in  the  context  of  the  current  extraordinary  circumstances 
connected  with  the  ongoing  hostilities  in  Ukraine.  Once  the  proposal  to  amend  Eurojust 
Regulation  as  regards  of  exchange  of  data  on  terrorism  cases  will  be  approved,  the  new 
automated  data  management  and  storage  facility  can  be  subsumed  in  the  new  case 
management system. 

The Commission Communication on the EU Security Union Strategy, published in July 2020, 
underlined  the  connection  between  internal  and  external  security  and  the  importance  of 
cooperation in order to protect citizen’s rights effectively. This proposal is a clear example of 
how  a  management  and  storage  facility  is  necessary  to  protect  one  of  the  most  important 
citizens’ rights, the right to life.  

1.5.5.  Assessment of the different available financing options, including scope for redeployment 

Since the Eurojust Regulation entered into force, the trend has been towards a growth of the 
agency’s data flows and of the demand on its services.  

The  Commission  is  aware  of  the  financial  constraints  of  Eurojust  and  the  resources 
implication of this urgent request due to Russia’s aggression of Ukraine.  

This proposal will introduce new  limited tasks in the Eurojust Regulation, aiming at making 
Eurojust  fit  for  the  digital  age,  and  allowing  it  to  fulfil  its  stronger  role  envisaged  in  the 
Eurojust  Regulation  in  supporting  and  strengthening  the  coordination  and  the  cooperation 
between  national  authorities  investigating  and  prosecuting  serious  crime,  including  war 
crimes,  genocide  and  crimes  against  humanity.  It  will  not  be  possible  to  implement  this 
proposal without the necessary financial and human reinforcements.  

The  estimation  of  cost  is  EUR  15,705  M  that  will  be  financed  from  the  margin  under  the 
heading 2b of the MFF. 

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1.6. 

Duration and financial impact of the proposal/initiative 

 limited duration  

–    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    Financial impact from YYYY to YYYY 

 unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  followed by full-scale operation. 

1.7.  Management mode(s) planned12  

 Direct management by the Commission through 

–    executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

 international organisations and their agencies (to be specified); 

the EIB and the European Investment Fund; 

 bodies referred to in Articles 70 and 71; 

 public law bodies; 

 bodies governed by private law with a public service mission to the extent that they provide 
adequate financial guarantees; 

  bodies  governed  by  the  private  law  of  a  Member  State  that  are  entrusted  with  the 
implementation of a public-private partnership and that provide adequate financial guarantees; 

  persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP  pursuant  to 
Title V of the TEU, and identified in the relevant basic act. 

Comments 

The  figures  on  financial  and  human  resources  include  the  foreseen  total  amount  for  the  technical 
implementation  of  the  automated  data  management  and  storage  facility,  and  the  operative  costs 
associated to some of the cases that can be linked to it. 

12 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx. 

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20 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

Monitoring and evaluating the implementation of the digitalisation of the data exchange of the 
agency will be important to ensure the effectiveness of Eurojust. The monitoring and reporting 
of the proposal will follow the principles outlined in the Eurojust Regulation13 and in line with 
the Common Approach on decentralised agencies14. 

In  addition  to  the  horizontal  governance  rules  applicable  to  agencies,  Eurojust  must  notably 
send  each  year  to  the  Commission,  the  European  Parliament  and  the  Council  a  Single 
Programming  Document  (SPD)  containing  multi-annual  and  annual  work  programmes  and 
resources  programming.  The  SPD  sets  out  the  objectives,  expected  results  and  performance 
indicators to monitor the achievement of the objectives and the results.  

Eurojust also reports on its work in an elaborate annual report. Eurojust transmits this annual 
report  to  the  European  Parliament,  to  the  Council  and  to  national  parliaments.  In  addition, 
Eurojust  informs  the  European  Parliament  and  the  national  parliaments  on  working 
arrangements concluded with third parties.  

An external independent evaluation of the implementation of the Regulation and the activities 
of Eurojust shall be commissioned by the Commission by 13 December 2024 and every five 
years thereafter in order to evaluate the implementation and impact of the Regulation and the 
effectiveness and efficiency of Eurojust (Article 69 (1) of the Eurojust Regulation). 

2.2.  Management and control system(s)  

2.2.1. 

Justification  of  the  management  mode(s),  the  funding  implementation  mechanism(s),  the 
payment modalities and the control strategy proposed 

Considering that the proposal impacts the annual EU contribution to Eurojust, the EU budget 
will be implemented via indirect management.  

Pursuant  to  the  principle  of  sound  financial  management,  the  budget  of  Eurojust  shall  be 
implemented in compliance with effective and efficient internal control.  

Regarding ex-post controls, Eurojust, as a decentralised agency, is notably subject to:  

– 

– 

– 

– 

– 

internal audit by the Internal Audit Service of the Commission; 

annual reports by the European Court of Auditors, giving a statement of assurance as to 
the  reliability  of  the  annual  accounts  and  the  legality  and  regularity  of  the  underlying 
transactions; 

annual discharge granted by the European Parliament; 

possible  investigations  conducted  by  OLAF  to  ensure,  in  particular,  that  the  resources 
allocated to agencies are put to proper use; 

finally, the European Ombudsman provides a further layer of control and accountability 
at Eurojust 

13 
14 

Regulation (EU) 2018/1727.  
https://europa.eu/european-
union/sites/default/files/docs/body/joint_statement_and_common_approach_2012_en.pdf.  

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21 

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2.2.2. 

Information  concerning  the  risks  identified  and  the  internal  control  system(s)  set  up  to 
mitigate them 

No specific risks in management and control systems were identified at this stage. Eurojust is 
subject to administrative controls including budgetary control, internal audit, annual reports by 
the European Court of Auditors and the annual discharge for the execution of the EU budget 
as set out above. 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ 
value of the related funds managed"), and assessment of the expected levels of risk of error (at 
payment & at closure)  

The ratio of “control costs/payment of the related funds managed” is reported on by the Commission. 
The 2021 AAR of DG JUST reports 0.53% for this ratio in relation to Indirect Management Entrusted 
Entities and Decentralised Agencies, including Eurojust. 

The  European  Court  of  Auditors  (ECA)  confirmed  the  legality  and  regularity  of  Eurojust’s  annual 
accounts for 2020, which implies an error rate below 2%. There are no indications that the error rate 
will worsen in the coming years.  

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy. 

The measures related to  combating fraud, corruption and other illegal  activities are outlined, 
inter alia, in Article 75 of the Eurojust Regulation. Eurojust shall notably participate in fraud 
prevention activities of the European Anti-Fraud Office and inform the Commission without 
delay on cases of presumed fraud and other financial irregularities. 

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading of 
multiannual 
financial 
framework 

Number  

071007 

2b 

Type of  
expenditure 

Diff./Non-
diff.15 

Diff./Non-
diff. 

Contribution  

from 
EFTA 
countries
16 

from 
candidate 
countries17 

from third 
countries 

within the meaning 
of Article 21(2)(b) 
of the Financial 
Regulation  

NO 

NO 

YES 

NO 

  New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Number  

[XX.YY.YY.YY] 

Diff./non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the meaning 
of Article 21(2)(b) 
of the Financial 
Regulation  

YES/NO  YES/NO  YES/NO 

YES/NO 

15 
16 
17 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

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23 

  EN 

 
 
 
 
 
 
                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial  
framework  

Number  Heading 2b – Investing in People, Social Cohesion and Values 

EUR million (to three decimal places) 

Eurojust 

Title 1: Staff expenditures 

Title 2: Infrastructure and operating 
expenditures 

Title 3: Operational expenditures 

TOTAL appropriations 
for Eurojust 

Commitments 
Payments 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

(3a) 

(3b) 

=1+1a 
+3a 

=2+2a 

+3b 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

1,081 
1,081 

2,204 
2,204 

2,248 
2,248 

2,293 
2,293 

2,339 
2,339 

2,386 
2,386 

0,500 

0,510 

0,520 

0,530 

0,541 

0,552 

0,500 

0,510 

0,520 

0,530 

0,541 

0,552 

1,581 

2,714 

2,769 

2,824 

2,880 

2,938 

1,581 

2,714 

2,769 

2,824 

2,880 

2,938 

12,551 
12,551 

3,154 

3,154 

15,705 

15,705 

Heading of multiannual financial  
framework  

7 

‘Administrative expenditure’ 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  

TOTAL 

EUR million (to three decimal places) 

DG: <…….> 

EN 

24 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Human Resources  
 Other administrative expenditure  

TOTAL DG <…….> 

Appropriations  

TOTAL appropriations 
under HEADING 7 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

EUR million (to three decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 7 
of the multiannual financial framework  

Commitments 

1,581 

2,714 

2,769 

2,824 

2,880 

2,938 

Payments 

1,581 

2,714 

2,769 

2,824 

2,880 

2,938 

15,705 

15,705 

EN 

25 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on [body]'s appropriations  

–    The proposal/initiative does not require the use of operational appropriations  

–    The proposal/initiative requires the use of operational appropriations, as explained below: 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

Commitment appropriations in EUR million (to three decimal places) 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost  N

o

Cost 

Total 
No 

Total 
cost 

1,581 

2,714 

2,769 

2,824 

2,880 

2,938 

15.705 

Indicate 
objectives and 
outputs  

 

Type18 

Avera
ge 
cost 

SPECIFIC OBJECTIVE No 119… 
To enable Eurojust to store, analyse 
and preserve evidence in relation to 
genocide, war crimes, and crimes 
against humanity and related 
criminal offences 

- Output 

Store, analysis 
and preservation 
of evidence 

Subtotal for specific objective No 1 

TOTAL COST 

1,581 

2,714 

2,769 

2,824 

2,880 

2,938 

15,705 

18 
19 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in point 1.4.2. ‘Specific objective(s)…’ 

EN 

26 

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3.2.3.  Estimated impact on [body]'s human resources  

3.2.3.1.  Summary  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–    The proposal/initiative requires  the use of appropriations of an administrative 

nature, as explained below: 

EUR million (to three decimal places) 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

Temporary agents (AD 
Grades) 

Temporary 
(AST grades) 

agents 

0,785 

1,601 

1,633 

1,666 

1,699 

1,733 

9,119 

0,079 

0,160 

0,163 

0,167 

0,170 

0,173 

0,912 

Contract staff 

0,085 

0,173 

0,177 

0,180 

0,184 

0,188 

0,987 

Seconded National 
Experts 

0,132 

0,269 

0,275 

0,280 

0,286 

0,291 

1,533 

TOTAL 

1,081 

2,204 

2,248 

2,293 

2,339 

2,386 

12,551 

Staff requirements (FTE): 

Year 
2022 

Year 
2023 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

Temporary agents (AD 
Grades) 

Temporary 
(AST grades) 

agents 

Contract staff 

Seconded National 
Experts 

10 

10 

10 

10 

10 

10 

10 

1 

2 

3 

1 

2 

3 

1 

2 

3 

1 

2 

3 

1 

2 

3 

1 

2 

3 

1 

2 

3 

TOTAL 

16 

16 

16 

16 

16 

16 

16 

Recruitement dates are planned in 2022 at mid-year. No assumptions have been made for the 
correction coefficient applicable to  the Netherlands,  and only  a potential increase of 2% for 
the salary indexation. 

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27 

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Details of staff increase:  

Specific 
objective 

Specific 
objective no 
1: To enable 
Eurojust to 
store, analyse 
and preserve 
evidence in 
relation to 
genocide, 
war crimes, 
and crimes 
against 
humanity and 
related 
criminal 
offences  

Additional staff 

3*  Judicial  Cooperation  Experts  are  needed  to  ensure  prosecutorial 
background  and  direct  insight  into  the  relevant  judicial  system(s)  and 
evidence admissibility standards. 

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  
2022: +3 
3* Lawyer-Linguist are needed to ensure relevant languages skills to support 
translations and data analysis. 

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  
2022: +3 

3*  Analysts  are  needed  to  manage  large  data  volume  expected,  to  support 
data  mining  and  structuring  of  information  from  witness  and  victim 
statements.  

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  
2022: +3 
2* Legal Experts are needed to ensure expertise in core international crimes 
and asset recovery.  

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  
2022: +2 

2*  ICT  Security  Officers  are  needed  to  manage  and  mitigate  the  risk  of 
cyber-attacks. 

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  
2022: +2 

1*  ICC  Liaison  Officer  is  needed  to  coordinate  the  relation  and  operations 
with the ICC 

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  
2022: +1 

1*  Civil  Society  Organisations  (CSOs)  Liaison  Officer  is  needed  to 
coordinate the relation and operations with the CSOs 

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  

EN 

28 

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2022: +1 
1*Administrative  Support  Officer  is  needed  to  manage  all  administrative 
support tasks. 

Estimated  FTEs  needed  –  additional  FTE  to  be  hired  per  year  (not-
cumulative):  
2022: +1 

EN 

29 

  EN 

 
 
3.2.3.2.  Estimated requirements of human resources for the parent DG 

–    The proposal/initiative does not require the use of human resources.  

–    The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the 
duration of the impact (see 
point 1.6) 

 Establishment plan posts (officials and 

temporary staff) 

20 01 02 01 and 20 01 02 02 
(Headquarters and Commission’s 
Representation Offices) 

20 01 02 03 (Delegations) 

01 01 01 01 (Indirect research) 

10 01 05 01 (Direct research) 

 External staff (in Full Time Equivalent 

unit: FTE)20 

20 02 01 (AC, END, INT from the 
‘global envelope’) 

20 02 03 (AC, AL, END, INT and 
JPD in the Delegations) 

Budget 
line(s) 
(specify) 
21 

- at 
Headquarters22 

- in 
Delegations  

01 01 01 02 (AC, END, INT – 
Indirect research) 

10 01 05 02 (AC, END, INT – 
Direct research) 

Other budget lines (specify) 

TOTAL 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

20 

21 
22 

AC = Contract Staff; AL = Local Staff; END = Seconded National Expert; INT = agency staff; JPD = 
Junior Professionals in Delegations.  
Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 
Mainly  for  the  EU  Cohesion  Policy  Funds,  the  European  Agricultural  Fund  for  Rural  Development 
(EAFRD) and the European Maritime Fisheries and Aquaculture Fund (EMFAF).   

EN 

30 

  EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Description of tasks to be carried out: 

Officials and temporary staff 

External staff 

Description  of  the  calculation  of  cost  for  FTE  units  should  be  included  in  the  Annex  V, 
section 3.  

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31 

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3.2.4.  Compatibility with the current multiannual financial framework  

–    The  proposal/initiative  is  compatible  the  current  multiannual  financial 

framework. 

–    The proposal/initiative will entail reprogramming of the relevant heading in the 

multiannual financial framework. 

The  proposal  requires  use  of  the  unallocated  margin  under  the  heading  2b  of  the 
MFF as follow: on BL 07.1007 – Eurojust – in 2022: EUR 1,581 million, in 2023: 
EUR  2,714  million,  in  2024:  EUR  2,769  million,  in  2025:  EUR  2,824  million,  in 
2026: EUR 2,880 million, and in 2027: EUR 2,938 million. 

–    The  proposal/initiative  requires  application  of  the  flexibility  instrument  or 

revision of the multiannual financial framework23. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

3.2.5.  Third-party contributions  

–   The proposal/initiative does not provide for co-financing by third parties.  

–  The proposal/initiative provides for the co-financing estimated below: 

EUR million (to three decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary 
to show the duration of the 
impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL 
co-financed  

appropriations 

23 

See  Articles  12  and  13  of  Council  Regulation  (EU,  Euratom)  No  2093/2020  of  17  December  2020 
laying down the multiannual financial framework for the years 2021 to 2027. 

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3.3. 

Estimated impact on revenue  

–    The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

 

 

on own resources  

on other revenue  

        please indicate, if the revenue is assigned to expenditure lines  

Appropriation
s available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

EUR million (to three decimal places) 

Impact of the proposal/initiative24 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected. 
Specify the method for calculating the impact on revenue. 

24 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20 % for collection costs. 

EN 

33 

  EN