Council Decision (EU) 2025/866 of 14 April 2025 on the conclusion on behalf of the European Union of the Agreement between the European Union and Bosnia and Herzegovina on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters
Date: 2025-04-14
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, Eurojust, cooperation agreement (EU), cross-frontier data flow, data protection, fight against crime, judicial cooperation, national competent authority, personal data, ratification of an agreement




L_202500866EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/866


7.5.2025







            COUNCIL DECISION (EU) 2025/866
         
of 14 April 2025
         
on the conclusion on behalf of the European Union of the Agreement between the European Union and Bosnia and Herzegovina on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) and Article 85 in conjunction with Article 218(6), second subparagraph, point (a)(v), and Article 218(7) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament (1),

Whereas:







(1)


Article 47(1) and Article 52(1) of Regulation (EU) 2018/1727 of the European Parliament and of the Council (2) provide that Eurojust may establish and maintain cooperation with authorities of third countries based on a cooperation strategy.












(2)


Pursuant to Article 56(2)(c) of Regulation (EU) 2018/1727, Eurojust may transfer personal data to an authority of a third country provided that, inter alia, an international agreement has been concluded between the Union and that third country pursuant to Article 218 of the Treaty on the Functioning of the European Union (TFEU), that provides for adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.












(3)


In accordance with Council Decision (EU) 2024/2704 (3), the Agreement between the European Union and Bosnia and Herzegovina on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters (‘the Agreement’) was signed on 28 October 2024, subject to its conclusion.












(4)


The Agreement enables the transfer of personal data between Eurojust and the competent authorities of Bosnia and Herzegovina, with a view to fighting serious crime and terrorism and protecting the security of the Union and its citizens.












(5)


The Agreement ensures full respect of the fundamental rights of the Union, in particular the right to respect for private and family life, the right to the protection of personal data, and the right to an effective remedy and a fair trial, laid down in Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European. In particular, the Agreement includes adequate safeguards for the protection of personal data transferred by Eurojust under the Agreement.












(6)


Pursuant to Article 218(7) TFEU, it is appropriate for the Council to authorise the Commission to approve on behalf of the Union the modifications of Annexes I, II and III to the Agreement, to agree modalities for the continued use and storage of the information that has already been communicated between the Parties pursuant to the Agreement, and to update the information about the addressee of notifications.












(7)


Ireland is bound by Regulation (EU) 2018/1727 and is therefore taking part in the adoption of this Decision.












(8)


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












(9)


The European Data Protection Supervisor delivered its Opinion 20/2024 on 6 September 2024.












(10)


The Agreement should be approved.












(11)


In accordance with the Treaties, the Commission should make the notification provided for in Article 29(2) of the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Union and Bosnia and Herzegovina on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters (‘the Agreement’) is hereby approved on behalf of the Union.


Article 2
The Commission shall proceed, on behalf of the Union, to make the notification provided for in Article 29(2) of the Agreement, in order to express the consent of the Union to be bound by the Agreement.


Article 3

1.   For the purposes of Article 30(2) of the Agreement, the position to be taken on behalf of the Union on the modifications of Annexes I, II and III to the Agreement shall be approved by the Commission after consultation with the Council.


2.   For the purposes of Article 33(3) of the Agreement, the Commission shall be authorised to agree, after consultation with the Council, modalities for the continued use and storage of the information that has already been communicated between the Parties pursuant to the Agreement.


3.   For the purposes of Article 34(2) of the Agreement, the Commission shall be authorised to update the information about the addressee of notifications after consultation with the Council.



Article 4
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 14 April 2025.


For the Council


The President

K. KALLAS
            





(1)  Consent of 2 April 2025 (not yet published in the Official Journal).

(2)  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).

(3)  Council Decision (EU) 2024/2704 of 10 October 2024 on the signing, on behalf of the European Union, of the Agreement between the European Union and Bosnia and Herzegovina on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters (OJ L, 2024/2704, 16.10.2024, ELI: http://data.europa.eu/eli/dec/2024/2704/oj).


ELI: http://data.europa.eu/eli/dec/2025/866/oj
ISSN 1977-0677 (electronic edition)