EUROPEAN COMMISSION

Brussels, 24.6.2026

COM(2026) 570 final

2026/0164(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Union Agency for Criminal Justice Cooperation (Eurojust) and repealing Regulation (EU) 2018/1727

{SEC(2026) 570 final} - {SWD(2026) 570 final} - {SWD(2026) 571 final} - {SWD(2026) 572 final} - {SWD(2026) 573 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Article 85 TFEU is the legal basis for the proposal and provides that Eurojust's structure, operation, field of action and tasks are to be determined by regulations adopted in accordance with the ordinary legislative procedure. It also requires that those regulations determine arrangements for involving the European Parliament and national parliaments in the evaluation of Eurojust's activities and thus contribute to an EU-level democratic oversight of its activities.

•Subsidiarity (for non-exclusive competence) 

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

In order to prepare this Regulation, the Commission consulted specialist stakeholders on a number of occasions. These consultations included a Public Consultation launched in all 24 official EU languages, a Call for Evidence and an online survey. Moreover, interviews with a wide range of stakeholders including Eurojust staff, National Members, national authorities, practitioners and representatives from third countries and international organisations were carried out by an external contractor.

The Public Consultation, which ran for twelve weeks from 3 December 2025 to 24 February 2026, received 20 responses, with the majority of respondents emphasising the importance of Eurojust’s role in addressing serious and organised cross-border crime. Stakeholders also highlighted the need to better consider the perspectives of victims and witnesses and to clarify case allocation between Eurojust and the European Judicial Network (EJN). The Call for Evidence, available on the 'Have Your Say' website, received 42 responses from stakeholders across 21 EU Member States. The feedback emphasised the complementary roles of Eurojust and the EJN, the need to strengthen Eurojust’s mandate with more operational roles, and the importance of improving governance and decision-making processes. Stakeholders also stressed the need for Eurojust to prioritise cooperation with third countries and invest in technological tools to respond to the evolving nature of crime. The online survey, which was open until 4 March 2026, targeted practitioners, Eurojust administration representatives and National Members, and public officials from both EU and non-EU countries. The survey results indicated broad support for governance reform, including the introduction of a Management Board to alleviate the College from administrative burden, and clarify the division of tasks. Stakeholders also agreed on the need to harmonise the status and powers of National Members and to strengthen cooperation with relevant EU agencies and bodies, such as Europol and the EPPO. Concerns were raised about the varying levels of engagement with Eurojust among third countries, with some respondents suggesting that conditionality clauses be introduced to enhance cooperation, particularly in EU candidate countries and potential candidates. In addition to open public consultations, interviews were conducted with 115 stakeholders, including Eurojust administration representatives, National Members, Liaison Prosecutors, EU agencies, national authorities and international organisations. These interviews provided deeper insights into the operational challenges faced by Eurojust, including outdated tools, limited cooperation with the European Anti-Fraud Office (OLAF) and the need for clearer competences in areas such as e-evidence. Although stakeholders from third countries and international organisations recognised Eurojust's work as valuable, they also highlighted opportunities to improve cooperation through measures such as establishing resident contact points and appointing Liaison Magistrates.

•Collection and use of expertise

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Detailed explanation of the specific provisions of the proposal

The proposed Regulation consists of nine chapters comprising 87 articles.

Chapter I – General provisions, objectives and tasks

This chapter sets out the foundational framework of Eurojust. It confirms Eurojust's legal status as a Union agency with legal personality and provides that its seat is in The Hague. It sets out Eurojust's overall objectives of supporting and strengthening coordination and cooperation between national investigating and prosecuting authorities in relation to serious cross-border crime. It lays down a full list of the tasks to be performed by Eurojust to fulfil those objectives, including assisting national and international authorities in coordinating investigations, cross-checking information to identify links between cross-border cases, collecting and preserving evidence of core international crimes, supporting asset recovery, and cooperating with Union agencies and bodies such as Europol and the EPPO. It also defines Eurojust's competence, covering the serious crimes listed in Annex I and related offences, and sets out the geographic and situational conditions in which Eurojust may act, including in relation to the EPPO and third countries.

Chapter II – Organisation of Eurojust

This chapter defines the governance structure of Eurojust and is divided into four sections, distinguishing between the management structure and the operational structure.

Section I sets out Eurojust's dual structure: the management structure comprises the Management Board, the Executive Board and the Administrative Director, while the operational structure comprises the National Members and the College.

Section II contains the provisions governing the Management Board, which takes key management decisions and provides strategic orientation for Eurojust's activities. It is composed of one representative per Member State and one representative of the Commission, and is responsible for adopting the single programming document, the annual budget, the staff and security rules and other non-operational decisions. Chapter II lays down the rules, stemming from the Common approach on decentralised agencies, on composition, election of the Chairperson, frequency and conduct of meetings, functions and voting arrangements, including the specific two-thirds majority required for key decisions such as the appointment of the Administrative Director and the adoption of the budget. It also establishes the annual and multi-annual programming process, requiring the Management Board to adopt a single programming document by 30 November each year.

Section III establishes the Executive Board, which is chaired by the President of Eurojust and assists the Management Board by preparing its decisions, reviewing draft budgets and work programmes, ensuring follow-up to audit findings and adopting a defined set of administrative decisions.

Section IV contains the provisions governing the Administrative Director, who manages the Agency independently and is accountable to the Management Board. The Administrative Director is appointed by the Management Board for a five-year term on the basis of merit and is responsible for day-to-day administration, budget implementation, anti-fraud measures and staff management.

Section V covers the National Members and their National Desks. Each Member State seconds one National Member to Eurojust's seat in The Hague, supported by at least one Deputy and one Assistant. National Members must hold high-level prosecutorial or judicial qualifications and be endowed with certain judicial powers. Notably, Article 19 lists the powers of the National Members, distinguishing between powers that can be exercised without prior authorisation, and those requiring the agreement of the competent national authority. Under the first category, National Members may directly contact and exchange operational information and evidence with competent national and third-country authorities and relevant Union bodies, open and manage cases in the CMS, organise coordination meetings and coordination centres, participate in and facilitate joint investigation teams, including by signing JIT agreements, participate in joint operational platforms and judicial coordination platforms, ask competent national authorities to undertake investigations or prosecutions, and assist in the identification and resolution of conflicts of jurisdiction. Under the second one, with the agreement of the competent national authority, or without in urgent cases, National Members may issue or execute requests for judicial cooperation or mutual recognition instruments, including issuing the underlying order in accordance with national law. Section V also introduces a compensation mechanism for the Member State whose National Member is President of Eurojust, to cover the costs of reinforcing the National Desk during the presidential mandate.

Section VI governs the College, composed of all National Members, which is responsible for the operational functions of Eurojust and acts with full independence. The College deals with casework, taking the appropriate operational decisions in relation to cases referred by Member States or, where appropriate, opening cases on its own initiative. It elects the President and Vice-President from among the National Members by a two-thirds majority for four-year terms.

Chapter III – Operational matters

This chapter is the core operational chapter of the Regulation. It is divided into four sections that cover the different modes and forms of Eurojust's operational activities.

Section I addresses Eurojust's primary operational function of facilitating judicial cooperation and coordination. It sets out the way in which Eurojust supports cross-border investigations and prosecutions, including organising coordination meetings and coordination centres, facilitating judicial cooperation instruments, assisting in the resolution of conflicts of jurisdiction and cross-checking information in relevant databases. It details the operational, technical, analytical, legal and financial support Eurojust provides to joint investigation teams, including assistance in drafting JIT agreements and managing Eurojust's financial contribution to JIT activities. It also establishes judicial coordination platforms, which Eurojust may set up at the request of two or more Member States or on its own initiative to support particularly complex cross-border investigations, providing operational, technical, analytical, legal and financial support to the platforms and their participants.

Section II governs operational activities carried out by Eurojust on its own initiative, in the absence of a request from national authorities or the EPPO. It sets out the conditions and procedures under which National Members may ask competent national authorities to undertake or extend investigations, set up joint investigation teams, prioritise judicial cooperation requests or take other justified measures. It also addresses Eurojust's capacity to preserve, analyse and store evidence related to core international crimes, making it available to Member States, third countries and international criminal courts and tribunals to facilitate case-building. Section II further provides for the retention of operational knowledge derived from Eurojust's casework, the development of guidelines and best practices, and the establishment of Eurojust Centres of Expertise in criminal matters (ECE) to provide strategic, analytical and operational support in priority crime areas.

Section III covers additional forms of operational support provided by Eurojust, including its role as a contact point for third countries and international organisations under Regulation (EU) 2019/816 on ECRIS-TCN, its support for victims of crime in cross-border criminal proceedings, and its involvement, together with Europol and within their respective mandate, in the EMPACT cycles, contributing to the preparation of strategic analyses and the operational implementation of Union priorities for combating serious crime.

Section IV establishes the framework for the exchange of information between Eurojust and national authorities. It requires each Member State to set up a Eurojust national coordination system to ensure effective coordination between the National Desk and national authorities, to include the contact points of relevant European networks and the national correspondent for terrorism matters. It lays down the general obligation incumbent on competent national authorities to exchange all information necessary for Eurojust's tasks, which includes specific notification requirements for cases involving at least three Member States and for all terrorism cases referred to judicial authorities.

This section also regulates the flow of operational information between Eurojust staff and the Member States through the National Members, provides for secure digital communication through a decentralised IT system based on e-CODEX, and establishes the CMS as the central tool for processing operational personal data, managing cases, cross-checking information and preserving evidence. Finally, it sets out the rules on access to the CMS at national level and on the management of information by National Members and authorised staff.

Chapter IV – Processing of information

This chapter sets out the data protection framework governing the processing of personal data by Eurojust. It establishes that both this Regulation and Regulation (EU) 2018/1725 apply to Eurojust's data processing activities, with the operational data protection rules in this Regulation taking precedence (as lex specialis) over the general rules of Regulation (EU) 2018/1725. This approach ensures legal clarity while preserving the general data protection framework applicable to Union institutions, bodies, offices and agencies.

Chapter IV defines the categories of operational personal data that Eurojust may process. This includes data on suspects, convicted persons, victims and other parties to proceedings, together with, in exceptional and time-limited circumstances, additional data immediately relevant to ongoing coordinated investigations. It lays down strict time limits for the storage of operational personal data after the termination of a proceedings, and imposes requirements in relation to automated review mechanisms to ensure compliance.

This chapter also sets out the rights of data subjects in relation to operational personal data, including the right of access and the limitations on that right, the right to restriction of processing, and the conditions under which access may be refused where it would jeopardise an ongoing investigation or the safety of an individual. Under chapter 4, access to operational personal data within Eurojust is restricted to National Members, authorised seconded national experts, designated national system users and authorised Eurojust staff. It provides for the designation of a Data Protection Officer by the Executive Board and establishes the rules on notification in the event of a personal data breach. It concludes by allocating responsibility for data accuracy and legal compliance either to Eurojust or to the Member States, depending on the origin and subsequent handling of the data.

Chapter V – Relations with partners

This chapter governs Eurojust's external relations. It comprises three sections that cover relations with Union bodies and agencies and international cooperation.

Section I sets out the common provisions applicable to all of Eurojust's cooperative relations. It provides that Eurojust may conclude working arrangements with Union institutions, bodies, offices and agencies, and with third-country authorities and organs of international organisations, subject to prior consultation with the Commission. Such arrangements may not constitute legal basis for the exchange of personal data and do not create legal obligations incumbent on the Union or Member States. Section I also regulates the common hit/no-hit system enabling designated Union agencies and bodies — in particular Europol, the EPPO, OLAF, AMLA and the EUCA — to obtain indirect access to Eurojust's CMS through an automated index, with the Commission empowered to adopt implementing acts specifying the technical and functional specifications of the hit/no-hit system.

Section II governs Eurojust's relations with specific Union bodies, offices and agencies. It establishes a privileged relationship with the European Judicial Network, which involves hosting the Network's Secretariat within Eurojust's staff and handling coordination through the national coordination system. It requires Eurojust to support a range of other networks and bodies active in judicial cooperation, including the JITs Network, the European Judicial Cybercrime Network and the European Judicial Organised Crime Network. It governs Eurojust’s cooperation with Europol, which provides for a working arrangement setting out practical cooperation modalities, mutual access to selected information stored in the respective databases through the hit/no-hit system, and the possibility of establishing joint operational platforms. It establishes the framework for cooperation with the EPPO, based on mutual cooperation within their respective mandates, including an obligation to report any criminal conduct falling within the EPPO's competence without undue delay, and the secondment of an EPPO liaison officer to Eurojust. It also sets out Eurojust's cooperative relations with OLAF, the European Border and Coast Guard Agency, the Authority for Anti-Money Laundering and Countering the Financing of Terrorism (AMLA) and the EU Customs Authority.

The proposal refers to the current legal framework governing the relationship between Eurojust and the EPPO, reflecting the fact that the EPPO was established by means of enhanced cooperation. This is without affecting any future developments that may arise from changes in the participation of Member States in the EPPO, including in the context of the envisaged accession of Hungary.

Section III governs international cooperation between Eurojust and third-country authorities and international organisations. It provides for the adoption of a four-year cooperation strategy and the posting of Eurojust liaison magistrates to third countries to facilitate judicial cooperation. It establishes the conditions for the secondment of liaison prosecutors from third countries and international organisations to Eurojust on the basis of international agreements, including their access to the case management system. It allows for the hosting of contact points from third countries at Eurojust to expedite judicial cooperation and the designation of contact points in third countries and international organisations, where this is provided for in a working arrangement between Eurojust and the third country authorities or organs of international organization concerned, specifying that such contact points are not to have direct access to the case management system or to operational personal data.

Chapter VI – Establishment and structure of the budget

This chapter describes the annual budgetary process, requiring the Administrative Director to draw up a draft statement of estimates, which is reviewed by the Executive Board and approved by the Management Board before being forwarded to the Commission by 31 January each year. The budget becomes definitive following final adoption of the general budget of the Union by the budgetary authorities.

Provisions are set out relating to the structure, implementation and control of Eurojust's budget. It specifies that the budget must be balanced in terms of revenue and expenditure, with revenue sources including the Union contribution, voluntary Member State contributions, third-country contributions and charges for publications and services. The Administrative Director acts as authorising officer and is responsible for implementing the budget in accordance with the principles of economy, efficiency and effectiveness. The chapter lays down detailed deadlines and procedures for the presentation of provisional and final accounts, the submission of reports to the Court of Auditors, the Commission, the European Parliament and the Council, and the grant of discharge by the European Parliament. It provides for the adoption of financial rules by the Management Board, which must not depart from the Framework Regulation for Decentralised Agencies without the Commission's prior consent. The Anti-Fraud Framework, applying Regulation (EU, Euratom) No 883/2013 12 , grants audit powers to the Court of Auditors and investigative powers to OLAF, and recognises the EPPO's competence to investigate fraud affecting the Union's financial interests.

Chapter VII – Staff

This chapter lays down the general provisions applicable to Eurojust's staff, establishing that they work under the authority of the Administrative Director and are subject to the Staff Regulations and Conditions of Employment of Other Servants of the European Union. It defines 'authorised Eurojust staff' as members of staff designated to perform specific operational, administrative or technical tasks and sets out their functions, which include supporting National Desks, case management, operational analysis and a range of administrative activities. Chapter VII also provides that Eurojust may make use of seconded national experts and other staff not directly employed by it, and confirms that Protocol No 7 on the Privileges and Immunities of the European Union applies to Eurojust and its staff.

Chapter VIII – Evaluation and reporting

This chapter establishes Eurojust's accountability and reporting framework. It requires Eurojust to transmit its consolidated annual report to the European Parliament, the Council and national parliaments by 1 May each year, and requires the President to appear annually before the European Parliament and national parliaments at an interparliamentary committee meeting. It requires Eurojust to contribute to the annual report on the protection of the Union's financial interests under Article 325(5) TFEU, using reporting indicators defined by the Commission. Chapter VIII also provides that the Commission and Member States may request Eurojust's opinion on proposed legislative acts falling within the scope of Article 76 TFEU. A five-yearly independent evaluation of Eurojust's performance is required, as is an assessment every ten years of whether the continuation of the Agency remains justified.

Chapter IX – General and final provisions

This chapter sets out the general framework for Eurojust's operation and the transitional arrangements accompanying the entry into force of the Regulation. It provides that Regulation (EC) No 1049/2001 on public access to documents applies to documents held by Eurojust, requires Eurojust to adopt security rules for the protection of classified and sensitive non-classified information based on Commission Decisions (EU, Euratom) 2015/443 and 2015/444, and confirms that Council Regulation No 1 on language arrangements applies. It establishes a five-yearly evaluation process, lays down the liability regime governing Eurojust's contractual and non-contractual liability, and provides for a Headquarters Agreement with the Netherlands. Chapter IX repeals Regulation (EU) 2018/1727, while ensuring full continuity of Eurojust as a legal entity, of its staff and appointed officials, of ongoing operational activities and cases, of the case management system and data processed thereunder, and of existing international agreements and working arrangements. It provides that references in existing legal instruments to Regulation (EU) 2018/1727 are to be read as references to this Regulation, and that the Regulation will enter into force on the twentieth day following its publication in the Official Journal of the European Union.

2026/0164 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the European Union Agency for Criminal Justice Cooperation (Eurojust) and repealing Regulation (EU) 2018/1727

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,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The European Union Agency for Criminal Justice Cooperation (Eurojust) was established by Council Decision 2002/187/JHA 13 as a Union body with legal personality, to stimulate and improve coordination and cooperation between competent judicial authorities of the Member States in relation to serious crime and organised crime with a cross-border dimension. Following the entry into force of the Treaty of Lisbon, Regulation (EU) 2018/1727 of the European Parliament and of the Council 14 was adopted on 14 November 2018, repealing and replacing Council Decision 2002/187/JHA. Eurojust's legal framework has since been amended by Regulation (EU) 2022/838 15 , Regulation (EU) 2023/2131 16 and Regulation (EU) 2025/2082 17 .

(2)Article 85 TFEU provides that Eurojust's mission is to support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by the European Union Agency for Law Enforcement Cooperation (Europol) 18 . Article 85 TFEU further requires the European Parliament and national parliaments to be involved in the evaluation of Eurojust's activities.

(3)This Regulation aims to ensure that Eurojust remains fit for purpose in light of the evolving criminal landscape and internal security architecture of the Union. It therefore strengthens Eurojust's operational mandate, makes its governance structure more agile, and adapts its legal framework to reflect developments in the nature and scale of serious cross-border crime, technological advancements shaping both criminal activity and judicial cooperation, and the broader evolution of the Union's area of freedom, security and justice.

(4)Since the amendments necessary to achieve those objectives are substantial in number and nature, Regulation (EU) 2018/1727 should, in the interests of clarity and legal certainty, be repealed and replaced in its entirety by this Regulation in relation to the Member States bound by it. Eurojust as established by this Regulation is the legal successor of Eurojust as established by Regulation (EU) 2018/1727. The continuity of agreements, working arrangements and other instruments governing Eurojust's cooperation with third countries, international organisations and Union bodies should be ensured, in accordance with their terms.

(5)Eurojust should support and strengthen coordination and cooperation between national investigating and prosecuting authorities in cases where serious crime affects two or more Member States or requires prosecution on common bases, including where it has repercussions at Union level. The concept of repercussions at Union level should be interpreted having regard to the increasingly transnational nature of serious crime and the operational realities faced by national judicial authorities. Criminal activities planned, organised or directed from outside the Union can generate significant security and judicial repercussions within it, especially where such crimes present a hybrid dimension. This is particularly manifest in cases involving terrorism planned or financed abroad but carried out within the Union, trafficking in human beings and migrant smuggling along routes originating outside the Union, drug trafficking by organisations based in third countries supplying consumer markets within the Union, and cyberattacks launched from outside the Union against critical infrastructure or public authorities of Member States. Activities of criminal nature, such as money laundering or organised crime, can also be linked to foreign information manipulation and interference and disinformation campaigns, posing an additional risk to security in the Union. Where such criminal conduct presents a nexus to the security, citizens or fundamental interests of the Union, Eurojust may assist in the relevant investigations and prosecutions, provided that the offences concerned fall within the scope of Annex I to this Regulation and that any such assistance is provided in compliance with applicable international agreements and Union data protection rules.

(6)In view of the shifting landscape of serious and cross-border crime, it is necessary to update Eurojust's competence to ensure that the legal framework remains fit for purpose and able to address the new realities of crime. The Union is confronted with evolving and increasingly sophisticated criminal threats, including cyber-dependent and cyber-enabled crime, and the terrorist use of digital infrastructures, which undermine democratic institutions, public security, critical infrastructure and societal resilience. Other forms of serious crime, such as gender-based violence, particularly where facilitated by digital technologies or involving cross-border elements, also have a profound and lasting impact on victims, equality and fundamental rights. The effective investigation and prosecution of such crimes require a coordinated Union approach, enhanced cross-border judicial cooperation, and the strengthening of common security and information integrity capabilities, in full respect of fundamental rights and the rule of law. The list of forms of serious crime in respect of which Eurojust is competent should therefore be updated to reflect those evolving criminal threats, including violations of Union restrictive measures and gender-based violence, and should be regularly reviewed to ensure that Eurojust's mandate remains relevant and effective.

(7)Eurojust's tasks should be expanded and specified to reflect its role as a strategic, analytical and proactive hub for cross-border judicial cooperation, supporting competent national authorities through operational and analytical assistance. Its involvement in Union policy-making and relevant strategic cycles should also be enhanced, enabling Eurojust to bring its casework-based expertise to the definition of Union priorities for combating serious crime. Particular emphasis should be placed on Eurojust's role in facilitating and supporting the issuance and execution of judicial cooperation and mutual recognition instruments, resolving conflicts of jurisdiction between competent national authorities, supporting cross-border asset recovery, collecting, preserving and storing evidence of core international crimes, and assisting victims of serious crime in cross-border criminal proceedings.

(8)Eurojust should also develop and maintain specialised knowledge and expertise in judicial cooperation in criminal matters, including through the establishment of Eurojust Centres of Expertise in criminal matters (ECE). ECE should cooperate closely with any similar specialised structures established at Union level, including Union Centres of Specialised Expertise and the EU Centre for the Protection of Children from Child Sexual Abuse, within their respective mandates and ensuring complementarity, to maximise the operational value of their combined expertise for the benefit of the competent national authorities of the Member States.

(9)It is essential that Eurojust assumes a more prominent role in supporting victims of serious crime in cross-border cases, in accordance with the Union's strategy in that area and with Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime 19 . That is of particular relevance in cases involving a large number of victims or victims of mass fraud, especially online, with links to different Member States and in cases potentially falling under multiple jurisdictions, as well as in cases involving gender-based violence with a cross-border dimension. Eurojust should actively assist Member States in upholding victims' rights in cross-border criminal proceedings, including by facilitating the identification of victims, advising competent national authorities on victims' procedural rights under national and Union law, and assisting with access to compensation and restitution, including of property subject to freezing and confiscation measures.

(10)Eurojust's competence in relation to the forms of serious crime listed in Annex I should be clearly defined, covering not only those offences directly listed but also criminal offences committed in order to procure the means of committing, to facilitate or commit, or to ensure the impunity of those committing, the forms of serious crime listed. In addition to the forms of crime explicitly listed, Eurojust should have the flexibility to assist in other cases, within the limits of its mandate set out in this Regulation, at the request of a competent national authority where there is a specific operational need to do so.

(11)As the European Public Prosecutor's Office (EPPO) has been established by means of enhanced cooperation, Council Regulation (EU) 2017/1939 20 is binding in its entirety and directly applicable only to Member States that participate in that enhanced cooperation. For the cases not falling within the competence of the EPPO, Eurojust remains fully competent for the forms of serious crime listed in Annex I to this Regulation. In light of their respective mandates, Eurojust should be able to operate in cases concerning crimes falling within the EPPO’s remit where those cases involve both participating and non-participating Member States, or where the EPPO decides not act, at the request of the non-participating Member States or of the EPPO. Eurojust should in any case remain competent to support cases concerning criminal offences affecting the financial interests of the Union wherever the EPPO is not competent or does not exercise its competence. The EPPO and Eurojust should develop close operational cooperation within their respective mandates, as further governed by the working arrangement between them.

(12)In accordance with Article 85 TFEU, Eurojust's tasks may include the initiation of criminal investigations. The role of Eurojust should not be limited to reacting to requests for assistance and operational support by Member States, but should extend to proactively promoting a coordinated and strategic judicial response against serious crime at Union level. Drawing on its position at the intersection of national investigations and Union level’s cooperation, Eurojust should be able to use its analytical capabilities and expertise to facilitate actions taken on its own initiative, in cooperation with Member States and on the basis of information provided by them, by Europol, the European Anti-Fraud Office (OLAF), established by Commission Decision 1999/352/EC, ECSC, Euratom 21 , the EPPO and other Union bodies and agencies. This should include involving Member States that might not initially have been included in a case, as well as requesting Member States to open investigations or undertake certain investigative measures, in particular where Eurojust identifies, on the basis of its analysis, links between cases or other situations requiring judicial coordination. To that end, National Members should be empowered to open cases on their own initiative in the Eurojust case management system, thereby strengthening Eurojust's capacity to drive coordination proactively while preserving the primacy of competent national authorities in the conduct of investigations and prosecution.

(13)Consistency in the status, profile and powers of National Members across Member States is essential to the effective and even application of this Regulation. Member States should therefore be required to appoint National Members who are active members of the public prosecution service or of the judiciary, and who possess the qualifications required for appointment to high prosecutorial or judicial offices, together with relevant practical experience of national legal systems and of international judicial cooperation in criminal matters. National Members should, in accordance with the law of their Member State, be entrusted at least with the powers necessary to exercise fully their competences and perform effectively their tasks under this Regulation, so that differences in national arrangements do not impede Eurojust’s operations, in particular in urgent cases. Those powers should include at a minimum: directly contacting and exchanging operational information and evidence with competent national and third-country authorities and with relevant Union bodies, offices and agencies; opening, registering and managing cases in the case management system; organising coordination meetings and coordination centres; participating in, and where appropriate initiating or facilitating the establishment and operation of, joint investigation teams, including by signing an agreement establishing a joint investigation team (JIT agreement); participating in joint operational platforms, ECE and judicial coordination platforms; requesting competent national authorities to undertake investigations or prosecutions or to take any other measure justified for the purposes of an investigation or prosecution.

(14)In order to ensure timely action in cross-border cases, with the agreement of the competent national authority, and in accordance with national law, National Members should also be empowered to issue or execute requests for judicial cooperation or mutual recognition, including investigative measures under Directive 2014/41/EU of the European Parliament and of the Council 22 , freezing and confiscation orders under Regulation (EU) 2018/1805 of the European Parliament and of the Council 23 , and European Production Orders or European Preservation Orders under Regulation (EU) 2023/1543 of the European Parliament and of the Council 24 . Where required under national law and consistently with the status of the National Member as active member of prosecutions services or of the judiciary, that empowerment should also cover the issuing of the underlying national measures necessary to give legal effect to those instruments in accordance with applicable Union and national law. They should furthermore be able to request their asset recovery offices to provide information on instrumentalities, proceeds or property which are or might become the object of a freezing or confiscation order and to take immediate action until a freezing order is issued, as provided for under Directive (EU) 2024/1260 of the European Parliament and of the Council 25 , In urgent cases where it is not possible to identify or contact the competent national authority in a timely manner, National Members should be competent to take those measures in their own capacity in accordance with national law, informing the competent national authority without undue delay. Measures taken by National Members in such circumstances remain subject to the review of the respective competent national authorities and courts, in accordance with applicable national procedural law. Member States may grant additional powers to National Members beyond those set out in this Regulation and shall notify the Commission and the College accordingly. In order to ensure that National Members, their Deputies and, where applicable, their Assistants can effectively exercise the powers conferred upon them under this Regulation and act as fully empowered judicial cooperation authorities within the Union's judicial cooperation architecture, Member States should appoint them, as competent authority for the purposes of the applicable Union acts on judicial cooperation in criminal matters, in particular those referred to in this Regulation. When acting on its own initiative, Eurojust should be able to act through its National Members, who may, giving their reasons, ask the competent authorities of their Member States to undertake an investigation or prosecution in respect of specific acts, or any other measure justified for the purposes of the investigation or prosecution. By way of illustration, this could cover requests to issue the relevant instrument of judicial cooperation, to carry out a financial investigation, to take pre-trial provisional measures, to conduct a hearing of witnesses or experts, or to adopt measures aimed at protecting victims and witnesses.

(15)It is necessary to provide Eurojust with a governance structure that enables it to perform its tasks more effectively and efficiently, aligning it with the principles applicable to Union agencies, in particular the 2012 Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies. At the same time, such an approach should take due account of Eurojust’s specific nature as a judicial cooperation agency. Accordingly, the independence of National Members and of the College in the exercise of their operational functions should be safeguarded. Eurojust should consist of a management structure, comprising the Management Board, the Executive Board and the Administrative Director, and an operational structure, comprising the National Members and the College, with the respective functions of those bodies clearly delineated in this Regulation.

(16)In order for Eurojust to fulfil its mission and deploy its full potential in the fight against serious cross-border crime, its operational dimension should be strengthened by reducing the administrative burden on National Members, allowing them to focus on casework. The College should be competent for operational matters, in keeping with the unique character of the agency in handling judicial cases and interacting with national authorities on the basis of mutual trust, while administrative and budgetary responsibilities should be assumed by the Management Board and the Executive Board. In the same spirit of simplification and of reducing the involvement of the College in non-core tasks, the preparation and coordination of strategic reports, guidance documents and other analytical outputs of relevance to practitioners should increasingly be entrusted to Eurojust staff, including in the context of ECE.

(17)To improve quality and efficiency decision-making processes, a Management Board should be established as an independent oversight body, and entrusted with adopting the most high-level decisions regarding budget, strategic priorities and management matters, including the single programming document, the annual budget, the staff rules and the security rules. Member States will be fully involved in the governance of the agency through their representation on the Management Board. In order to preserve the separation between administrative and operational matters, Member States should be precluded from appointing National Members as their representatives in the Management Board, so that operational casework and administrative oversight are entrusted to persons with the appropriate respective expertise. All parties represented in the Management Board should make efforts to limit the turnover of their representatives so as to ensure continuity of work, and should aim to achieve a gender-balanced representation.

(18)An Executive Board should be established to prepare, inform and assist the work of the Management Board and the preparation of its meetings. In addition, the Executive Board should, in the cases provided for in this Regulation, take decisions in its own capacity on matters relating to the day-to-day administration of Eurojust.

(19)While fully respecting the separation between administrative and operational responsibilities, the views of the College should be taken into account where administrative decisions are liable to have a significant impact on Eurojust’s operational work, in particular as regards the definition of priority crime areas. For that reason, in the matters listed in this Regulation, the Management Board and the Executive Board, within their respective remits, should consult the College in advance before taking a decision. To ensure that the views of the College are duly represented, the President of Eurojust should participate in the Management Board and in the Executive Board as representative of the College. Where reports, opinions, policy papers and guidelines that the Executive Board may adopt are likely to be of direct operational relevance, particularly where they may relate to ongoing investigations or prosecutions or to other non-public strategic information, the College should be consulted in advance.

(20)The Administrative Director should be the manager of Eurojust and should be accountable to the Management Board. The Administrative Director should be responsible for the implementation of the tasks assigned to Eurojust by this Regulation, including ensuring the day-to-day administration of the agency, implementing decisions adopted by the Management Board and the Executive Board, and preparing and implementing the budget and the single programming document. The Administrative Director should be appointed on the basis of merit and documented administrative and managerial skills, as well as relevant competence and experience. The Administrative Director is the legal representative of Eurojust.

(21)A President and a Vice-President of Eurojust should be elected by the College from among the National Members for a term of office of four years, renewable once. When a National Member is elected President, the Member State concerned should be able to second, for the duration of the presidential mandate, an official with the necessary qualifications and experience to reinforce the National Desk and ensure that it continues to function effectively, as well as to apply for compensation from Eurojust's budget. They may have the status of a Deputy or Assistant to the National Member who has been elected President, or they may have a more administrative or technical function, and each Member State should be able to determine its own requirements in this regard. Since the compensation mechanism has a budgetary impact, implementing powers to determine that mechanism should be conferred on the Council. While the Administrative Director is the legal representative of Eurojust, the President of the College represents Eurojust in political fora, in particular when presenting Eurojust's activities, operational priorities and strategic considerations to Union institutions, bodies, offices and agencies, third countries and international organisations.

(22)To ensure that Eurojust is able to fulfil its tasks without delay in urgent cases, each National Desk should be available at all times to receive and process urgent requests. To that end, arrangements should be made to ensure that at least one member of each National Desk can be reached at any time, so that urgent requests concerning their Member State are handled without delay.

(23)Each Member State should establish a Eurojust national coordination system to support the work of its National Member and ensure coordination between the National Desk and the competent national authorities of that Member State. Those systems should include the contact points of networks with which Eurojust maintains relations, such as the Network of National Experts on Joint Investigation Teams (JITs Network), the European network of persons responsible for genocide, crimes against humanity and war crimes established by Council Decision 2002/494/JHA 26 , the European contact-point network against corruption established by Council Decision 2008/852/JHA 27 , the European Judicial Cybercrime Network, the European Judicial Organised Crime Network, and the contact points designated under Council Decision 2007/845/JHA 28 , as well as the national correspondents for Eurojust, for terrorism matters, for issues relating to the competence of the EPPO, and for the European Judicial Network established by Council Decision 2008/976/JHA 29 . Member States may decide that one or more of those tasks are to be performed by the same national correspondent.

(24)For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities, it is crucial that Eurojust receives from national authorities the information necessary for the performance of its tasks. Competent national authorities should inform their National Members without undue delay of the setting up and results of joint investigation teams. They should also inform National Members without undue delay of cases falling under the competence of Eurojust that directly involve at least three Member States and for which requests for or decisions on judicial cooperation have been transmitted to at least two Member States. In certain circumstances, they should also inform National Members of conflicts of jurisdiction, controlled deliveries and repeated difficulties encountered in the execution of requests for judicial cooperation. As regards terrorist offences, competent national authorities should inform their National Members of all relevant criminal investigations as soon as they are referred to judicial authorities, regardless of whether a known link to another Member State or third country exists, subject to the conditions set out in this Regulation.

(25)One of the main challenges in combating serious cross-border crime is the timely identification of links and overlaps between ongoing investigations and prosecutions of criminal networks, in particular transnational organised crime networks involved in drug trafficking, and investigations and prosecutions concerning financial or other forms of serious fraud. In this context, the cross-checking of relevant information also serves to promote the efficiency of judicial administration by preventing the duplication of parallel proceedings before different national courts, thereby reducing the risk of violating the ne bis in idem principle. Eurojust should systematically cross-check information contained in relevant databases in order to identify links between cross-border investigations and provide effective coordination and support to competent national authorities. The availability of analysed datasets and cross-checked information is essential for effective case-building and supports competent national authorities in developing strategic prosecutorial approaches.

(26)The establishment and support of joint investigation teams is a cornerstone of Eurojust's operational activities. Eurojust should provide operational, technical, analytical, legal and financial support to joint investigation teams, including by advising on the opportunity and legal requirements for setting up a joint investigation team, assisting in the drafting and negotiation of JIT agreements, advising on prosecutorial strategies and the implementation of operational actions and the possibility to involve Europol. Financial support should be provided in accordance with the applicable financial rules and may include simplified forms of funding, such as lump sums, unit costs and flat-rate financing. Eurojust should also support the JITs Network through its staff, in particular by organising its meetings and training activities, collecting and analysing evaluations of individual joint investigation teams, and managing Eurojust's financial support to those teams. Where appropriate for efficient cross-border investigations, Eurojust should also facilitate and support the participation of third countries, including EU candidate countries and potential candidates, in JITs.

(27)To support particularly complex cross-border investigations or prosecutions, or to enhance judicial cooperation in addressing specific forms of serious crime, Eurojust should be able to establish judicial coordination platforms at the request of two or more Member States or on its own initiative with the agreement of the Member States concerned. Those semi-permanent structured cooperation mechanisms should bring together representatives of the competent national authorities, including members of the National Desks, and be supported by authorised Eurojust staff. They should facilitate the synchronisation of investigations and prosecutions across multiple jurisdictions, help prevent potential conflicts of jurisdiction, enable timely sharing of information and evidence relevant to judicial authorities, support the development and implementation of common prosecution strategies, and provide specialised assistance to competent national authorities. Information processed in the framework of a judicial coordination platform should be handled in accordance with this Regulation and stored in the case management system. The establishment of judicial coordination platforms builds on the successful operational experience of the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA), hosted by Eurojust, which has demonstrated the value of a structured, sustained and multi-jurisdictional judicial cooperation mechanism in addressing the most serious crimes.

(28)The capacity for Eurojust to collect, preserve, analyse and store information that may be used as evidence in criminal proceedings is of the highest importance in the field of genocide, crimes against humanity, war crimes, the crime of aggression and related criminal offences. The Core International Crimes Evidence Database (CICED), established and operated by Eurojust, has demonstrated the unique value of a centralised and secure mechanism for preserving and cross-checking evidence of core international crimes from multiple jurisdictions, supporting national prosecutorial authorities and facilitating the work of international criminal courts and tribunals. For the purposes of the interpretation of this Regulation, and without affecting any further development of international law, the notion of core international crimes should be understood as encompassing the crime of genocide, crimes against humanity, war crimes and the crime of aggression, as defined in the Rome Statute of the International Criminal Court.

(29)This Regulation strengthens Eurojust's mandate to preserve, analyse and store evidence, providing a legal framework for the further development of CICED. Where necessary, that capacity should be extended to other forms of serious crime within Eurojust's mandate, in particular organised crime, to support specific investigations and prosecutions for which a joint investigation team or a judicial coordination platform has been established. Particularly in this respect, Eurojust and Europol should cooperate closely within their respective mandates, avoiding duplication of effort, as regards the processing and analysis of information in the fight against organised crime.

(30)The prevention and resolution of conflicts of jurisdiction between Member States is a key function of Eurojust, complementing the framework established by Council Framework Decision 2009/948/JHA 30 . That Framework Decision established obligations for competent authorities of Member States to enter into direct consultations where there are reasonable grounds to believe that parallel proceedings are being conducted in different Member States, and provides for the involvement of Eurojust where those consultations do not lead to a consensus. Building on that framework, Eurojust should play a key role in assisting competent national authorities in the identification, prevention and resolution of conflicts of jurisdiction, including by identifying parallel or linked proceedings, providing legal advice on the application of the ne bis in idem principle enshrined in Article 50 of the Charter of Fundamental Rights of the European Union, issuing non-binding reasoned opinions or recommendations on the resolution of such conflicts, and facilitating the transfer of proceedings to the jurisdiction best placed to prosecute. That function is essential to prevent impunity, avoid duplicative proceedings and ensure the efficient use of judicial resources across Member States.

(31)The tracing, freezing, confiscation and recovery of criminal assets is a priority area for Eurojust's operational support. Eurojust should assist Member States in cross-border asset recovery cases, including in relation to post-conviction and non-conviction-based confiscation, and should cooperate closely with Asset Recovery Offices designated in accordance with Council Decision 2007/845/JHA and other competent authorities to maximise the effectiveness of financial investigations and asset recovery proceedings, including through the use of the instruments provided for in Directive (EU) 2024/1260.

(32)Eurojust should, in complementarity with Europol and within their respective mandates, support the competent authorities of the Member States in the context of digital investigations and access to electronic evidence. Given the ever growing importance of electronic evidence in cross-border criminal investigations, there is a need for Eurojust to serve as a dedicated operational and knowledge hub for judicial authorities navigating the complex legal landscape governing cross-border access to data, including as regards direct requests to service providers under Regulation (EU) 2023/1543 31 . In that context, Eurojust and Europol should build on and further develop their established cooperation in the field of electronic evidence, including through the SIRIUS project, which provides judicial and law enforcement practitioners with knowledge, tools and training on cross-border access to electronic evidence.

(33)Communication between the competent national authorities and Eurojust should be carried out through a secure decentralised IT system based on e-CODEX access points, enabling the reliable and secure cross-border exchange of information. The Commission should be responsible for the creation, maintenance and development of reference implementation software which Member States and Eurojust may choose to apply as their back-end system, free of charge. Eurojust should establish a case management system for the processing of operational personal data, enabling the management and coordination of investigations and prosecutions, the secure exchange of information, the cross-checking of data to identify links between cases, and the preservation and analysis of evidence. Access to the case management system should be strictly limited to authorised persons within the limits provided for in this Regulation. The decentralised IT system established under this Regulation is the same technical infrastructure as referred to under Regulation (EU) 2023/2844 of the European Parliament and of the Council 32 , Regulation (EU) 2023/1543 of the European Parliament and of the Council, and Regulation (EU) 2024/3011 of the European Parliament and of the Council 33 , which rely on the same network of e-CODEX access points and reference implementation software. This Regulation should not affect the use of that common decentralised IT system for the communication, facilitation and exchanges in relation to judicial cooperation instruments under those Regulations, thereby ensuring coherence and interoperability across the Union's digital judicial cooperation architecture and avoiding the duplication of technical infrastructure across different legal instruments.

(34)Directive (EU) 2016/680 of the European Parliament and of the Council 34 sets out harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. In order to ensure the same level of protection for natural persons through legally enforceable rights throughout the Union and to prevent divergences hampering the exchange of personal data between Eurojust and competent authorities in Member States, the rules for the protection and the free movement of operational personal data processed by Eurojust should be consistent with Directive (EU) 2016/680. This Regulation and Regulation (EU) 2018/1725 of the European Parliament and of the Council 35 should apply to the processing of personal data by Eurojust, with the specific data protection rules of this Regulation taking precedence as lex specialis over the general rules of Regulation (EU) 2018/1725. Those specific rules are consistent with the principles underpinning Regulation (EU) 2018/1725, as well as with the provisions of that Regulation relating to independent supervision, remedies, liability and penalties.

(35)All processing of personal data by Eurojust within the framework of its competence and for the fulfilment of its tasks should be considered as processing of operational personal data. The processing of operational personal data by Eurojust should be strictly limited to the categories of data listed in Annex II and should be subject to strict time limits for storage linked to the conclusion of proceedings, acquittals and final judicial decisions, with automated review mechanisms to ensure compliance. In order to support Eurojust's expanded analytical and strategic functions, this Regulation provides for the possibility of retaining operational personal data for a longer period where strictly necessary for analytical and strategic purposes, subject to clear conditions and robust data protection safeguards, and within a clear and legally certain framework consistent with the applicable Union data protection rules. As Eurojust also processes administrative personal data unrelated to criminal investigations, the processing of such data should be subject to the general rules of Regulation (EU) 2018/1725. The data protection provisions of this Regulation do not affect the applicable rules on the admissibility of personal data as evidence in criminal pre-trial and court proceedings. Data processed by Eurojust should be stored in a European cloud infrastructure so as to progressively ensure sovereign digital infrastructures and cloud capabilities.

(36)The protection of the rights and freedoms of data subjects requires a clear attribution of responsibilities for data protection under this Regulation. Member States should be responsible for the accuracy of data they have transmitted to Eurojust and which have been processed unaltered by Eurojust, for keeping such data up to date and for the legality of transmitting those data to Eurojust. Eurojust should be responsible for the accuracy of data provided by other data suppliers or resulting from its own analyses or data collection activities. Eurojust should ensure that personal data are processed fairly and lawfully, collected and processed for specific purposes, adequate, relevant and not excessive in relation to those purposes, stored no longer than necessary, and processed in a manner that ensures appropriate security and confidentiality.

(37)Appropriate safeguards for the storage of operational personal data for archiving purposes in the public interest or for statistical purposes should be included in Eurojust's rules of procedure. Where operational personal data are transmitted or supplied to Eurojust by a Member State, the competent authority, the National Member or the national correspondent for Eurojust should have the right to request the rectification or erasure of those data in accordance with the applicable provisions of this Regulation and Regulation (EU) 2018/1725.

(38)A data subject should be able to exercise the right of access to operational personal data relating to him or her which are processed by Eurojust, in accordance with Regulation (EU) 2018/1725. Such a request may be made at reasonable intervals, free of charge, to Eurojust or to the national supervisory authority in the Member State of the data subject's choice. Limitations to the right of access may apply where disclosure would jeopardise an ongoing investigation or the safety of an individual, in accordance with the conditions established by this Regulation and Regulation (EU) 2018/1725. Access to operational personal data within Eurojust should be strictly limited to National Members, their Deputies, authorised seconded national experts, designated national system users and authorised Eurojust staff, within the limits provided for in this Regulation.

(39)The person designated as Data Protection Officer of Eurojust should possess the requisite expert knowledge in data protection law and practice, commensurate with the data processing operations carried out by Eurojust and the level of protection required for the personal data processed.

(40)In order to facilitate cooperation between the EDPS and national supervisory authorities, the EDPS and national supervisory authorities should regularly meet within the European Data Protection Board, in accordance with the rules on coordinated supervision laid down in Regulation (EU) 2018/1725, without affecting the independence of the EDPS or to its responsibility for supervision of Eurojust with regard to data protection.

(41)As the first recipient on the territory of the Union of personal data provided by or retrieved from third countries or international organisations, Eurojust should be responsible for the accuracy of such data and should take all reasonable measures to verify their accuracy upon receipt or when making them available to other authorities. In exceptional cases, Eurojust should be able to extend the storage deadlines for operational personal data in order to achieve its objectives, subject to the principle of purpose limitation and following careful consideration of all interests at stake, including those of the data subjects, and subject to oversight by the EDPS. Under the applicable legal framework on data protection, Eurojust is subject to the general rules on contractual and non-contractual liability applicable to Union institutions, bodies, offices and agencies.

(42)Eurojust should maintain privileged relations with the European Judicial Network in criminal matters, based on consultation and complementarity, in particular through the members of each National Desk designated as contact points for the European Judicial Network. The complementarity between the European Judicial Network and Eurojust should be exercised in accordance with their respective mandates, with Eurojust being competent for complex cases involving serious cross-border crime requiring active coordination and possibly a joint prosecutorial strategy among multiple jurisdictions. A system for the allocation of cases between Eurojust and the European Judicial Network (EJN) should ensure that Eurojust focuses its resources on the most complex cross-border investigations of serious crimes, characterised in particular by parallel investigations or prosecutions in different Member States, conflicts of jurisdiction, the involvement of more than two legal frameworks or judicial authorities, links with organised crime or exceptional operational urgency or strategic importance at Union level.

(43)Among decisions regarding the establishment of Eurojust's internal structures, the Management Board should determine the institutional and administrative relationships between Eurojust and the networks it hosts, in particular the networks set up by Council Decisions 2002/494/JHA, 2007/845/JHA and 2008/852/JHA and by the Council conclusions establishing the European Judicial Organised Crime Network of 14 June 2024.

(44)Eurojust should establish and maintain close cooperation with Europol, with a view to ensuring the coherent and coordinated exercise of their respective mandates and avoiding duplication of effort, and to establishing a continuum between law enforcement intelligence and judicial coordination that enables the swift translation of criminal intelligence into timely and well-coordinated judicial investigations and prosecutions. The combination of Europol's criminal intelligence and analytical capabilities and Eurojust's judicial coordination functions allows the competent authorities to detect cross-border criminal patterns more quickly and to respond effectively to emerging criminal threats. A working arrangement, subject to regular review and updated upon request of and in consultation with the Commission, should set out the practical modalities of that cooperation and consolidate established cooperation practices, including the practical arrangements for mutual indirect access to information respectively held by Eurojust and Europol through an optimised automated hit/no-hit system. That system should be optimised through technical measures to improve cross-checking capabilities. The possibility of establishing joint operational platforms with the consent of the competent national authorities should also be provided for, as should the participation of Europol representatives in meetings of the College where matters of common interest are discussed, so as to enhance operational discussions by bringing additional expertise and information to case-related deliberations. Any access by Europol to data held by Eurojust should be limited by technical means to information falling within the respective mandates of those Union agencies. Eurojust and Europol should keep each other informed of any activity involving the financing of joint investigation teams.

(45)Eurojust should establish and maintain a close relationship with the EPPO, based on mutual cooperation within their respective mandates and competences. Eurojust should be entrusted with an explicit mandate to provide reinforced support in cases falling within the EPPO's competence, at the request of the EPPO, in particular in cases which require investigative measures or other forms of cooperation in Member States which do not participate in enhanced cooperation on the establishment of the EPPO or in cases involving third countries or requiring coordination between investigations conducted by the EPPO and those conducted by competent national authorities of Member States that do not participate on the EPPO. Stronger coordination between the two bodies should help avoid duplication of effort, facilitate cooperation with non-participating Member States and third countries, and support comprehensive case handling in investigations with a cross-border dimension. The participation of EPPO representatives in meetings of the College where matters of common interest are discussed should be provided for, so as to enhance operational coordination and mutual awareness. The automated hit/no-hit system between Eurojust and the EPPO should also be optimised through technical measures to improve information exchange. Eurojust should without undue delay report to the EPPO any criminal conduct in respect of which the EPPO could exercise its competence and should notify the Member States, unless the EPPO considers that such a notification would affect the effectiveness or the confidentiality of its investigations. The practical arrangements for cooperation between Eurojust and the EPPO should be laid down in a working arrangement, which should be subject to regular review.

(46)To contribute to effective protection of the Union's financial interests, Eurojust should cooperate with the other anti-fraud actors involved in the protection of the Union’s financial interests, such as the EPPO, Europol, OLAF, AMLA and the EU Customs Authority to addresses matters relevant to the coordination of anti-fraud activities, such as facilitating the exchange of information, the undertaking of coordinated or joint actions, exchanging on emerging criminal trends in activities affecting the financial interests of the Union, the sharing of best practices including matters relating to information technology security and development, establishing criteria for common reporting or coordinating training activities or general developments concerning the anti-fraud architecture of the Union. Being a relevant actor in the protection of the Union financial interests, Eurojust should participate actively in such joint cooperation activities.

(47)To ensure that the report to be submitted each year by the Commission pursuant to Article 325(5) TFUE includes a comprehensive overview of the measures taken to counter fraud affecting the Union’s financial interests, Eurojust should contribute to the preparation of that report. That contribution should cover the results achieved and the activities carried out to that end by Eurojust.

(48)Eurojust should be able to exchange personal data with Union institutions, bodies, offices and agencies to the extent necessary for the fulfilment of its tasks, with full respect for the protection of privacy and other fundamental rights and freedoms. Eurojust should enhance its cooperation with competent authorities of third countries and organs of international organisations on the basis of a cooperation strategy drawn up every four years in consultation with the Commission. Working arrangements between Eurojust and the competent authorities of a third country may take the form of strategic working arrangements, which are independent from but often precede an international agreement concluded by the Union pursuant to Article 218 TFEU, or of arrangements implementing such an international agreement. Where relevant, cooperation commitments with financial implications should be included in international agreements concluded by the Union with third countries to ensure adequate resourcing of operational cooperation. In order to facilitate cooperation and build mutual trust with international partners, the legal framework governing the posting of liaison magistrates to third countries should be clarified, including as regards their tasks, data protection obligations, and the conditions under which they may exchange operational personal data with the competent authorities of the third country. Where Eurojust identifies an operational need for cooperation with a third country or an international organisation, it should be able to draw the attention of the Commission to the need for an adequacy decision or a recommendation for the opening of negotiations on an international agreement pursuant to Article 218 TFEU.

(49)Even in the absence of an international agreement, Eurojust should establish and maintain operational relations with third countries considered to be of strategic importance for judicial cooperation, in particular EU candidate countries and potential candidates, where EU-funded projects aim to provide operational support and assistance, equipping those partners with EU judicial cooperation and working methods. To that end, resident contact points from priority third countries should be hosted by Eurojust on the basis of a working arrangement and following appointment by the Management Board, providing reliable and stable channels for judicial exchanges and reducing delays in the handling of cooperation requests. The role of those contact points is to expedite, coordinate or facilitate the execution of requests for judicial cooperation, to support communication and coordination between Eurojust, Member States and the competent authorities of the third country concerned, and to facilitate the participation of those authorities in coordination meetings and joint investigation teams supported by Eurojust. The access of those contact points to the Eurojust case management system should be strictly limited to data relevant to the performance of their functions, and any exchange of operational personal data should only take place on the basis of the derogations for specific situations provided for in this Regulation. Specific organisational arrangements should be made to ensure that the integration of such actors within Eurojust is accompanied by appropriate information security and data protection safeguards.

(50)The participation of liaison prosecutors seconded to Eurojust from third countries or from international organisations in meetings of the College where matters of common interest are discussed should be provided for, so as to strengthen operational relationships and facilitate direct exchanges between practitioners.

(51)To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget with revenue coming essentially from a contribution from the general budget of the Union, except as regards the salaries and emoluments of the National Members, Deputies and Assistants, which are borne by their respective Member State. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors and approved by the Committee on Budgetary Control of the European Parliament. Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council 36 should apply to Eurojust.

(52)In order to combat fraud, corruption and other unlawful activities affecting the financial interests of the Union or serious matters relating to the discharge of professional duties constituting a dereliction of the obligations of officials and other servants of the Union liable to result in disciplinary or, as the case may be, criminal proceedings, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 37 , as amended, should apply to Eurojust without restriction, and OLAF should be able to carry out investigations, including on-the-spot checks and inspections. In accordance with Regulation (EU) 2017/1939, the EPPO is competent to investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council 38 .

(53)The College should be provided with detailed and comprehensive expert advice on fundamental rights that may be affected by the agency's activities. To that end, Eurojust staff should include at least one expert responsible for supporting Eurojust in safeguarding respect for fundamental rights in all its activities and tasks, in particular its operational activities, including the exchange of personal data with third countries. It should be possible to designate a member of Eurojust's staff who has received specialist training in fundamental rights law and practice. That designated expert should cooperate closely with the Data Protection Officer within the scope of their respective competences. To the extent that data protection matters are concerned, full responsibility should lie with the Data Protection Officer.

(54)In order to increase the transparency and democratic oversight of Eurojust, it is necessary to provide a mechanism pursuant to Article 85(1) TFEU for the joint evaluation of Eurojust's activities by the European Parliament and national parliaments. That evaluation should take place in the framework of an interparliamentary committee meeting, with the participation of members of the competent committees of the European Parliament and of the national parliaments, and should fully respect Eurojust's independence as regards actions to be taken in specific operational cases and as regards the obligation of discretion and confidentiality. It is appropriate to evaluate the application of this Regulation regularly. Not later than five years after the entry into force of this Regulation, and every five years thereafter, the Commission should evaluate Eurojust's performance in relation to its objectives, mandate, tasks, governance and location, including an assessment every ten years of whether the continuation of the Agency remains justified.

(55)Eurojust's functioning should be transparent in accordance with Article 15(3) TFEU. Specific provisions on how the right of public access to documents is ensured should be adopted by the Management Board. The transparency obligation should apply to Eurojust in a manner that does not jeopardise the obligation of confidentiality in its operational work. Administrative inquiries conducted by the European Ombudsman should respect that obligation. In order to increase Eurojust's transparency vis-à-vis Union citizens and to strengthen its accountability, Eurojust should publish on its website a list of the members of its Management Board and Executive Board and, where appropriate, summaries of the outcomes of the meetings of the Management Board, while respecting applicable data protection requirements.

(56)The necessary provisions regarding accommodation for Eurojust in the Netherlands, where it has its seat, and the specific rules applicable to Eurojust staff and members of their families should be laid down in a Headquarters Agreement between Eurojust and the Kingdom of the Netherlands. Given that this Regulation establishes a Management Board that was not provided for under Regulation (EU) 2018/1727, the Headquarters Agreement should be amended or replaced to ensure that its personal scope covers members of the Management Board and their families. The same should apply, where appropriate, to resident contact points posted from third countries and their families. The host Member State should provide the best possible conditions to ensure the effective functioning of Eurojust, including multilingual, European-oriented schooling and appropriate transport connections, so as to attract high-quality human resources from as wide a geographical area as possible.

(57)Since the objective of this Regulation, namely the setting up of an entity responsible for supporting and strengthening coordination and cooperation between the judicial authorities of the Member States in relation to serious crime affecting two or more Member States or requiring prosecution on common bases, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(58)[In accordance with Articles 1 and 2 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 TEU and to the TFEU, and without affecting 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 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 TEU and to the TFEU, Ireland has notified, by letter of [date], its wish to take part in the adoption and application of this Regulation.]

(59)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(60)The EDPS was consulted in accordance with Article 42 of Regulation (EU) 2018/1725 and delivered an opinion on [date].

(61)This Regulation fully respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data and the right to privacy as protected by Articles 8 and 7 of the Charter respectively, as well as by Article 16 TFEU, the right to an effective remedy and to a fair trial under Article 47 of the Charter, the presumption of innocence under Article 48 of the Charter, and the rights of victims of crime.

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS, OBJECTIVES AND TASKS

Article 1

Subject matter

1.This Regulation establishes the European Union Agency for Criminal Justice Cooperation ('Eurojust').

2.Eurojust as established by this Regulation shall replace and succeed the agency established by Regulation (EU) 2018/1727.

3.This Regulation lays down rules concerning the structure, operation, field of action and tasks of Eurojust. 

4.Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime which Eurojust is competent to deal with in accordance with Article 5, where that crime affects two or more Member States, or requires prosecution on common bases, including where it has repercussions at Union level.

Article 2

Legal status

1.Eurojust shall be an agency of the Union and shall have legal personality.

2.In each of the Member States, Eurojust shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.

3.Eurojust shall be represented by an Administrative Director.

Article 3

Seat

The seat of Eurojust shall be in The Hague, the Netherlands.

Article 4

Tasks

Eurojust shall perform the following tasks:

(a)assist the competent national authorities and competent organs of international organisations in ensuring the best possible coordination of investigations and prosecutions, including by facilitating and supporting the issuing and execution of requests for, and decisions on, judicial cooperation in criminal matters, in particular those based on instruments giving effect to the principle of mutual recognition;

(b)receive, collect, store, process, analyse and exchange information, including operational personal data, to the extent necessary for the performance of its tasks, with competent national authorities of the Member States, Union institutions, bodies, offices and agencies, third countries, international organisations, and relevant private parties, in accordance with this Regulation and applicable data protection rules;

(c)cross-check information stored in relevant databases to identify links between cross-border investigations and inform the Member States concerned, or where appropriate, the European Public Prosecutor’s Office (EPPO), thereof;

(d)collect, preserve, analyse and store evidence of core international crimes and related criminal offences and facilitate the exchange of such evidence with, or its direct availability to, competent national authorities of the Member States and third countries, and competent organs of international criminal courts and tribunals;

(e)support competent national authorities in activities aimed at tracing, freezing, confiscating and recovering criminal assets in cross-border cases, including post-conviction and non-conviction-based confiscation in proceedings in criminal matters;

(f)support competent national authorities of the Member States in establishing and maintaining cooperative relations with third countries and international organisations with a view to facilitating judicial cooperation in criminal matters;

(g)cooperate closely with Union bodies, offices and agencies, in particular:

i.with the European Union Agency for Law Enforcement Cooperation (Europol), including through mutual involvement and coordination of operational activities; 

ii.with the EPPO, by supporting its investigations for which investigative measures or any other cooperation are required in Member States which do not participate in enhanced cooperation on the establishment of the EPPO 39 or third countries, and cases requiring coordination between investigations conducted by the EPPO and those conducted by competent authorities of the Member States not participating in the EPPO, including through support to the setting up of joint investigation teams;

iii.with other Union bodies, offices and agencies which, within their respective mandates, gather information relevant to the performance of Eurojust’s tasks;

(h)cooperate with, coordinate and support networks and bodies active in judicial cooperation in criminal matters, including by hosting them where appropriate;

(i)assist competent national authorities in upholding the rights of victims in the context of cross-border criminal proceedings;

(j)collect and analyse specialised knowledge, in particular through the examination of information stored in the Eurojust case management system and relevant national, international and Union case-law, and by developing best practices and providing advice within its mandate, where appropriate in the context of Eurojust Centres of Expertise in criminal matters (ECE);

(k)provide, upon request, analytical findings and technical advice based on its casework expertise to Union institutions, bodies, offices and agencies;

(l)provide, where necessary, technical, operational, analytical, legal, financial and strategic assistance in matters within its mandate;

(m)cooperate in a structured way and on a regular basis, including by concluding bilateral or multilateral working arrangements governing the modalities of such cooperation, with the anti-fraud actors involved in the protection of the Union’s financial interests, such as the EPPO, Europol, OLAF, AMLA and the EU Customs Authority.

Article 5

Competence of Eurojust

1.Eurojust shall be competent in respect of the following offences, including where such offences are committed in connection with, or form part of, activities having a hybrid dimension:

(a)the forms of serious crime listed in Annex I;

(b)criminal offences for which the EPPO is competent;

(c)criminal offences committed in order to procure the means of committing, to facilitate or commit, or to ensure the impunity of those committing, the serious crimes listed in Annex I.

2.Eurojust shall act, at the request of a competent national authority, a competent organ of an international organisation, the EPPO within the limits of its competence, or on its own initiative.

3.In respect of forms of crime other than those listed in Annex I, Eurojust may assist investigations and prosecutions at the request of a competent national authority of the Member States.

4.In relation to criminal offences for which the EPPO is competent, Eurojust shall exercise its competence:

(a)in cases involving Member States which do not participate in enhanced cooperation on the establishment of the EPPO, at the request of those Member States or of the EPPO;

(b)in cases involving Member States which participate in enhanced cooperation on the establishment of the EPPO, where the EPPO has decided not to exercise its competence.

5.Eurojust shall be competent to assist the EPPO also in cases involving third countries or where coordination is required between investigations carried out by the EPPO and investigations carried out by competent authorities of the Member States which do not participate in enhanced cooperation on the establishment of the EPPO.

6.Eurojust may assist with investigations and prosecutions affecting:

(a)at least two Member States;

(b)one Member State, where the case has repercussions at Union level;

(c)at least one Member State and a third country or an international organisation, provided that any of the following conditions apply:

i.an adequacy decision was adopted in accordance with Article 36 of Directive (EU) 2016/680, or an international agreement, a cooperation agreement or a working arrangement has been concluded with that third country or international organisation;

ii.a contact point has been designated in that third country or international organisation; or

iii.there is an essential interest in providing such assistance;

(d)two or more third countries or international organisations, where the case may have repercussions at Union level, provided that an adequacy decision was adopted in accordance with Article 36 of Directive (EU) 2016/680, an international agreement, a cooperation agreement or working arrangement has been concluded with each of them, and subject to prior approval by the College.

CHAPTER II

ORGANISATION OF EUROJUST

SECTION I

Structure

Article 6

Structure of Eurojust

1.Eurojust shall consist of a management structure and an operational structure.

2.The management structure shall comprise:

(a)a Management Board, which shall exercise the functions set out in Article 10;

(b)an Executive Board, which shall exercise the functions set out in Article 13;

(c)an Administrative Director, who shall exercise the responsibilities set out in Article 15.

3.The operational structure shall comprise:

(a)the National Members, who shall exercise the powers set out in Article 18;

(b)the College, which shall exercise the powers set out in Article 20.

SECTION II

The Management Board

Article 7

Composition of the Management Board

1.The Management Board shall be composed of one representative from each Member State and one representative of the Commission.

2.The Management Board shall also include:

(a)The President of Eurojust, without the right to vote;

(b)The Administrative Director, without the right to vote.

3.Each member of the Management Board shall have an alternate. The alternate shall represent the member concerned in their absence. Neither the Member of the Management Board nor their alternate representing a Member State shall be the National Member or any other member of the National Desk of that Member State seconded to Eurojust.

4.Members of the Management Board and their alternates shall be appointed on the basis of their expertise in the field of criminal justice, taking into account their relevant level of seniority and experience, including in managerial, administrative and budgetary matters.

5.All parties represented in the Management Board shall endeavour to minimise turnover of the representatives, in order to ensure continuity of the Board’s work. All parties shall aim to achieve gender balance in the Management Board.

6.The term of office for members and their alternates shall be four years, renewable once.

Article 8

Chairperson of the Management Board

1.The Management Board shall elect a Chairperson and a Deputy Chairperson from among members with voting rights by a two-thirds majority of those members. The Deputy Chairperson shall automatically replace the Chairperson where the latter is prevented from attending their duties.

2.The term of office of the Chairperson and the Deputy Chairperson shall be four years, renewable once. Where their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date.

Article 9

Meetings of the Management Board

1.The Chairperson shall convene the meetings of the Management Board.

2.The President and Administrative Director of Eurojust shall take part in the deliberations, without the right to vote.

3.The Management Board shall hold at least two meetings per year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission, or at the request of at least one third of its members.

4.The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer.

5.Where necessary, the Management Board may hold joint meetings with the Management Board of Europol.

6.The members of the Management Board and their alternates may, subject to the Rules of Procedure of the Management Board, be assisted at the meetings by advisers or experts.

7.Where a matter of confidentiality or conflict of interests is on the agenda, the Management Board shall discuss and decide on that matter without the presence of the member concerned. Detailed rules for the application of this provision may be laid down in the rules of procedure.

Article 10

Functions of the Management Board

1.The Management Board shall provide the strategic orientations for Eurojust's activities and shall, in particular: 

(a)adopt the draft single programming document referred to in Article 12 before its submission to the Commission for its opinion;

(b)taking into account the opinion of the Commission, adopt the single programming document by a majority of two-thirds of members with voting rights;

(c)adopt the consolidated annual activity report and the annual and multi-annual work programme;

(d)adopt its rules of procedure as well as the rules of procedure of the Executive Board;

(e)adopt rules for the prevention and management of conflicts of interest in respect of its members, the National Members and the members of the National Desks;

(f)adopt the security rules;

(g)exercise, the appointing authority powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants 40 on the Authority Empowered to Conclude a Contract of Employment with respect to the staff of Eurojust, in accordance with paragraph 2;

(h)adopt implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110(2) of the Staff Regulations;

(i)appoint the Administrative Director and, where relevant, extend their term of office or remove him or her from office in accordance with Article 14;

(j)appoint Liaison officers posted to third countries referred to in Article 61;

(k)appoint and dismiss an accounting officer and a Data Protection Officer, who shall be functionally independent in the performance of their duties;

(l)adopt the Security Plan, the Business Continuity Plan and the Disaster Recovery Plan;

(m)adopt a decision laying down rules on the secondment of national experts to Eurojust referred to in Article 72;

(n)adopt, by a majority of two-thirds of members with voting rights, the annual budget of Eurojust and exercise other budgetary functions in respect of Eurojust’s budget pursuant to Chapter VI;

(o)adopt the financial rules applicable to Eurojust in accordance with Article 69;

(p)adopt the cooperation strategy referred to in Article 60, after consulting the College;

(q)authorise the conclusion of working arrangements in accordance with Article 54, paragraph 3;

(r)adopt decisions regarding the establishment of Eurojust's internal structures and, where necessary, their modification taking into consideration Eurojust’s activity needs and having regard to sound budgetary management;

(s)adopt any other non-operational decision which is not expressly attributed to the Executive Board or the Administrative Director in accordance with this Regulation.

2.The Management Board shall adopt, in accordance with Article 110 (2) of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating relevant appointing authority powers to the Administrative Director and defining the conditions under which that delegation may be suspended. The Administrative Director shall be authorised to sub-delegate those powers.

3.Where exceptional circumstances so require, the Management Board may, by way of a decision adopted by a two-thirds majority of its members with voting rights, temporarily suspend the delegation of the appointing authority powers to the Administrative Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Administrative Director.

Article 11

Voting rules of the Management Board

1.Unless otherwise provided in this Regulation, the Management Board shall take decisions by majority of its members with voting rights.

2.In the event the Commission raises serious concerns regarding a proposal for a decision presented to the Management Board on matters related to the Commission Delegated Regulation (EU) 2019/715 41 and the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, the Management Board shall postpone the adoption of the decision. Within 15 days, the Management Board shall re-examine and adopt it, possibly amended, in second reading either with a two-thirds majority of its members with voting rights, including the Commission representative, or by four-fifth majority of its members with voting rights of the representatives of the Member States.

3.Each member with voting rights shall have one vote. In the absence of a member with the right to vote, their alternate shall be entitled to exercise that right to vote.

4.The Chairperson shall take part in the voting.

5.The President and Administrative Director of Eurojust shall not take part in the voting.

6.Where the President raises serious concerns regarding a decision under Article 10(1) points (a), (c), (p) and (r), acting on the basis of a decision of the College adopted by consensus, the Management Board shall give those concerns full consideration and, where appropriate, re-examine the draft decision before proceeding to adoption.

7.The Management Board's rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member.

Article 12

Annual and multi-annual programming

1.By 30 November each year, the Management Board shall adopt a single programming document containing annual and multi-annual programming, based on a draft prepared by the Administrative Director and reviewed by the Executive Board, taking into account the opinion of the Commission. The Management Board shall forward the programming document to the European Parliament, the Council, and the Commission.

2.The programming document shall become definitive after final adoption of the general budget of the Union and shall be adjusted accordingly, where necessary.

3.The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate which tasks have been added, changed or deleted in comparison with the previous financial year.

4.The Management Board shall amend the adopted annual work programme when a new task is assigned to Eurojust. Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate to the Administrative Director the power to make non-substantial amendments to the annual work programme.

5.The multi-annual work programme shall set out overall strategic programming including objectives, the strategy for cooperation with the authorities of third countries and organs of international organisations referred to in Article 60, expected results and performance indicators. It shall also set out resource programming including multi-annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 74.

SECTION III

Executive Board

Article 13

Executive Board

1.The Management Board shall be assisted by an Executive Board. 

2.The Executive board shall be chaired by the President of Eurojust.

3.The Executive Board shall:

(a)prepare the decisions to be adopted by the Management Board and monitor the implementation of the decisions adopted by it;

(b)review the draft annual budget, the draft annual work programme and the draft consolidated annual activity report prepared by the Administrative Director;

(c)ensure, together with the Management Board, adequate follow-up to the findings and recommendations resulting from internal or external audit reports and evaluations, to the findings of investigations conducted by the European Anti-Fraud Office (OLAF) 42 , and to the outcomes, including judicial decisions, of investigations, conducted by the EPPO, in accordance with applicable Union law;

(d)without affecting the responsibilities of the Administrative Director, assist and advise him or her in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative and budgetary management;

(e)adopt reports, policy papers, guidelines for the benefit of competent national authorities and opinions pertaining to the work of Eurojust, subject to prior consultation of the College in exceptional cases where the matter is of essential operational relevance;

(f)undertake any other tasks delegated by the Management Board.

4.The Executive Board shall adopt administrative decisions, including:

(a)an anti-fraud strategy proportionate to the fraud risks, taking into account the costs and benefits of the measures to be implemented and based on a draft prepared by the Administrative Director;

(b)follow-up to audit reports, including those of the European Data Protection Supervisor (EDPS) 43 ;

(c)strategies related to the relations with Union institutions, budgetary planning and negotiations, including in the context of the multiannual financial framework;

(d)the confirmation of liaison prosecutors as well as of contact points posted at Eurojust;

(e)the initiation of negotiations for the conclusion of working arrangements.

5.Where necessary on grounds of urgency, the Executive Board may adopt provisional decisions on behalf of the Management Board, in particular in matters relating to administrative and budgetary management, including the suspension of the delegation of appointing authority powers. Such decisions shall be submitted to the Management Board for confirmation at its next meeting.

6.The Executive Board shall be composed of the following members with the right to vote:

(a)the President of Eurojust,

(b)the Vice-President,

(c)two members appointed by the Management Board from among its voting members,

(d)one representative of the Commission.

7.The Administrative Director shall participate in the meetings of the Executive Board without the right to vote and may delegate their participation as necessary. 

8.The Executive Board may also invite as observers without the right to vote other participants for specific agenda items.

9.The term of office of the members of the Management Board serving on the Executive Board shall be two years. That term shall expire before its end where the member concerned ceases to be a member of the Management Board.

10.The Executive Board shall meet at least once every month. It shall also meet at the initiative of the President or at the request of its members.

11.The Executive Board shall take its decisions by a majority of its members.

SECTION IV

Administrative Director

Article 14

Appointment, dismissal, and extension of the term of office

1.The Administrative Director shall be engaged as a temporary agent of Eurojust under Article 2 point (a) of the Conditions of Employment of Other Servants.

2.The Administrative Director shall be appointed by the Management Board on the basis of merit and documented skills from a list of candidates proposed by the Executive Board, following an open and transparent selection procedure aimed at ensuring the broadest possible participation of candidates and an appropriate gender balance. 

3.For the purpose of signing the contract of the Administrative Director, Eurojust shall be represented by the Chairperson of the Management Board.

4.The term of office of the Administrative Director shall be five years. Prior to the end of that period, the Executive Board shall carry out an assessment that takes into account an evaluation of the performance of the Administrative Director and Eurojust’s future tasks and challenges.

5.The Management Board, acting on a proposal from the Executive Board which takes into account the assessment referred to in paragraph 4, may extend the term of office of the Administrative Director once for no more than five years.

6.An Administrative Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

7.The Administrative Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Executive Board.

8.The Management Board shall adopt decisions on appointment, extension of the term of office or removal from office of the Administrative Director with a two-thirds majority of its members with voting rights.

Article 15

Tasks and responsibilities of the Administrative Director

1.The Administrative Director shall manage Eurojust and shall be accountable to the Management Board. The Administrative Director shall be assisted in the fulfilment of their duties by the staff of Eurojust, in accordance with Article 71.

2.The Administrative Director shall be independent in the performance of their tasks and shall neither seek nor take instructions from any government nor from any other body.

3.The Administrative Director shall be the legal representative of Eurojust.

4.The Administrative Director shall be responsible for the implementation of the tasks assigned to Eurojust by this Regulation. In particular, the Administrative Director shall be responsible for:

(a)ensuring the day-to-day administration of Eurojust;

(b)implementing decisions adopted by the Management Board and the Executive Board;

(c)ensuring compliance with the financial rules of Eurojust;

(d)preparing the draft single programming document and submitting it to the Executive Board for review and to the Management Board for adoption after consulting the Commission;

(e)implementing the single programming document and reporting to the Management Board on its implementation;

(f)preparing Eurojust's consolidated annual activity report and presenting it to the Management Board for assessment and adoption;

(g)supporting the Chairperson of the Management Board in preparing Management Board meetings and supporting the President of Eurojust in preparing the Executive Board meetings and the College meetings;

(h)developing an action plan to address findings and recommendations resulting from internal or external audit reports and evaluations, on the findings of investigations conducted by OLAF, and on the outcomes, including judicial decisions, of investigations conducted by the EPPO, in accordance with applicable Union law, and report on progress twice a year to the Commission and regularly to the Management Board and the Executive Board;

(i)protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities, without affecting the competence of OLAF and the EPPO, and, if irregularities are detected, by recovering amounts wrongly paid;

(j)preparing strategies on anti-fraud measures, efficiency gains and synergies, a strategy for cooperation with third countries and international organisations and a strategy for the organisational management and internal control systems, for Eurojust and presenting it to the Management Board for approval;

(k)preparing draft financial rules applicable to Eurojust for adoption by the Management Board;

(l)preparing the Eurojust's draft statement of estimates of revenue and expenditure and implementing its budget for adoption by the Management Board;

(m)promoting diversity and gender balance as regards the recruitment of Eurojust’s staff.

SECTION V

National Members

Article 16

Status of National Members

1.Eurojust shall have one National Member seconded by each Member State in accordance with its legal system. That National Member shall have their regular place of work at the seat of Eurojust.

2.The National Members shall:

(a)be active members of the public prosecution service or judiciary of their Member State;

(b)possess the qualifications required for appointment to high prosecutorial or judicial office in their respective Member States, and have relevant practical experience of national legal systems, or in relevant international or Union bodies, and of international judicial cooperation in criminal matters; and

(c)have at least the powers referred to in Article 18 in order to be able to fulfil their tasks.

3.The terms of office of the National Members shall be five years, renewable once. In cases where a Deputy to the National Member is unable to act on behalf of a National Member or is unable to substitute for a National Member, the National Member shall remain in office upon expiry of their term of office until the renewal of their term or their replacement, subject to the consent of the Member State concerned.

4.Each National Member shall be supported by a National Desk as referred to in Article 17.

Article 17

National Desks

1.Each National Desk shall consist of the National Member, at least one Deputy to the National Member and one Assistant. The Deputy shall have their regular place of work at the seat of Eurojust. Where a Member State so decides, the Assistant may have their regular place of work in the Member State concerned.

2.The Deputy shall, under the applicable national law, have the same status, powers and access rights as the National Member. The Deputy shall be able to act on behalf of, or substitute for, the National Member. The terms of office of the Deputies shall be five years, renewable once.

3.An Assistant may also act on behalf of, or substitute for, the National Member where he or she has a status referred to in Article 16, paragraph 2.

4.Additional Deputies or Assistants may support the National Member. Where necessary, and subject to the agreement of the College, they may have their regular place of work at the seat of Eurojust. Member States shall notify the President of Eurojust and the Commission of the appointment of National Members, Deputies and Assistants.

5.The salaries and emoluments of the National Members, Deputies and Assistants shall be borne by their Member State, without affecting Article 24.

6.Each National Desk shall be supported by at least one seconded national expert. Seconded national experts shall have the status of a prosecutor, a judge or a representative of a judicial authority with competences equivalent to those of a prosecutor or judge under their national law.

7.Member States may assign additional staff to the National Desk for short-term operational assignments, including trainees from the European Judicial Training Network. 

8.Seconded national experts and other additional staff shall be subject to the authority of the National Member in the exercise of tasks related to Eurojust’s operational functions.

9.National Desks shall be supported by authorised Eurojust staff. The number of authorised Eurojust staff allocated to each national desk and their job assignments shall be determined by the Administrative Director after consultations with the National Member.

10.At least one member of each National Desk shall be designated as contact point for the European Judicial Network 44 in order to assist in determining whether a request should be handled with the assistance of Eurojust or the European Judicial Network.

11.The National Member, the Deputy, an Assistant entitled to replace the National Member, or a seconded national expert shall be available to receive and process urgent requests at all times, including 24 hours a day, seven days a week, in order to ensure that Eurojust is able to fulfil its tasks in urgent cases without delay.

12.Where members of national desks act within the framework of Eurojust's operational functions, the relevant expenditure related to those activities shall be regarded as operational expenditure.

Article 18

Powers of the National Members

1.The National Member shall have the power to:

(a)open, register and manage cases in the Eurojust Case Management System;

(b)directly contact, consult and exchange operational information and evidence with any competent national authority of their Member State, as well as with any relevant Union body, office or agency, including the EPPO and Europol; 

(c)directly contact, consult and exchange operational information and evidence with competent national authorities of third countries and competent organs of international organisations, in accordance with the international commitments of their Member State and in accordance with data protection rules;

(d)facilitate or otherwise support the issuing or execution of any request for judicial cooperation or mutual recognition;

(e)authorise, on the basis of all relevant information available, including, where appropriate, input from the Data Protection Officer, the transfer of operational personal data necessary for the purposes of a specific investigation in which their Member State is involved, in accordance with Articles 94b, 94c and 94d of Regulation (EU) 2018/1725; where the operational personal data to be transferred have been provided by more than one Member State in the context of that investigation, the authorisation shall be granted by each National Member of all the Member States that provided those data;

(f)organise coordination meetings or coordination centres;

(g)participate in joint investigation teams and, where appropriate, initiate or facilitate their establishment and operation, including by signing JIT agreements;

(h)participate in joint operational platforms, ECE and judicial coordination platforms;

(i)where appropriate, participate in operational task forces and Europol operational meetings;

(j)ask the competent national authorities of their Member States to agree to the establishment of coordination mechanisms, including joint operational platforms, with Europol as referred to in Article 57, paragraph 5;

(k)ask the competent national authorities of their Member State to undertake an investigation or prosecution of specific acts, or to undertake a specific act of criminal procedure or any other measure justified for the purposes of an investigation or prosecution;

(l)assist in the identification, prevention and resolution of conflicts of jurisdiction, including by issuing reasoned opinions, by inviting the competent national authorities to accept that one of them is the best placed to prosecute, and by facilitating the transfer of proceedings.

2.With the agreement of the competent national authority and in accordance with national law, National Members may:

(a)issue or execute any request for judicial cooperation or mutual recognition, including:

i.order, request or execute investigative measures, as provided for in Directive 2014/41/EU;

ii.issue, request or execute freezing orders, as provided for in Regulation (EU) 2018/1805;

iii.issue a European Production Order or a European Preservation Order, as provided for in Regulation (EU) 2023/1543 of the European Parliament and of the Council 45 ;

(b)request their national Asset Recovery Offices to provide information on instrumentalities, proceeds or property which are or might become the object of a freezing or confiscation order and to take immediate action until a freezing order is issued, as provided for in Directive (EU) 2024/1260 46 .

3.In urgent cases where it is not possible to contact the competent national authority in a timely manner, National Members shall be competent to take the measures referred to in paragraph 2 in accordance with their national law. They shall inform the competent national authority without undue delay of any measures taken pursuant to this paragraph.

4.Where, under national law, the powers referred to in paragraphs 2 and 3 are conferred upon another competent national authority, the National Member may request that authority to issue or execute the measure concerned.

5.Without affecting paragraphs 1 and 2, Member States may grant additional powers to National Members for the purpose of exercising their tasks under this Regulation. Those Member States shall notify the Commission and the College of those powers. 

6.The National Members shall have access to, or shall be able to obtain without undue delay, in accordance with their national law, the information contained in the following registers of their Member State:

(a)criminal records; 

(b)registers of arrested persons;

(c)investigation registers;

(d)DNA, fingerprint, and vehicle registration registers, where relevant for criminal investigations;

(e)the ECRIS-TCN in accordance with Article 14(1) and (4) of Regulation (EU)2019/816 of the European Parliament and of the Council 47 ;

(f)centralised bank account registers and retrieval systems established pursuant to Directive (EU) 2019/1153 of the European Parliament and of the Council 48 ;

(g)other registers of public authorities where such information is necessary for the performance of their tasks under this Regulation.

SECTION VI

The College

Article 19

Composition of the College

1.The College shall be composed of all National Members.

2.Members of the College may be assisted by advisers or experts.

Article 20

Powers and functions of the College

1.The College shall be responsible for the operational functions of Eurojust and shall act with full independence.

2.The College shall in particular:

(a)facilitate the identification of connected proceedings, including by requesting National Members to verify whether parallel investigations or prosecutorial actions concerning analogous facts or offences are pending within their respective Member States;

(b)identify cross-cutting issues and best practices in operational matters, where necessary by requesting National Members to liaise with relevant national contact points of judicial networks or other competent national authorities;

(c)request the Administrative Director to prepare analyses on the impact of international, Union and national case-law on operational matters;

(d)provide operational input to the Executive Board for the definition of priorities in cooperation with third countries and for operational documents for which Europol requests Eurojust’s contribution;

(e)request the Executive Board to establish ECE in accordance with Article 31 and judicial coordination platforms in accordance with Article 27;

(f)upon request of the Executive Board or the Management Board provide advice on issues that are directly linked to operational matters;

(g)adopt the implementing rules necessary to carry out its functions.

3.The College shall take the operational decisions, including on:

(a)the opening, registration and management of own initiative cases in the Eurojust case management system, on the basis of information provided by one or more Member States or on the basis of information received from a third country, an international organisation or any Union body, office or agency, in particular Europol and the EPPO, or developed by the Eurojust staff;

(b)in the context of own initiative cases opened pursuant to point (a), the transmission to the competent national authorities of the Member States concerned of information relevant for the initiation, extension or conduct of investigations and prosecutions potentially falling within their competence;

(c)in the context of own initiative cases opened pursuant to point (a), the organisation of a coordination meeting where the College considers that direct engagement between the competent national authorities of the Member States concerned is necessary to ensure effective coordination of their investigations and prosecutions;

(d)the assessment of whether a case involving one Member State has repercussions at Union level within the meaning of Article 5(6), point (b);

(e)the determination of whether there is an essential interest in providing assistance in cases involving at least one Member State and a third country or international organisation, in accordance with Article 5(5), point (c)(iii);

(f)the approval of requests for cooperation submitted by third countries or international organisations falling within the scope of Article 5(6), point (d);

Article 21

Meetings of the College

1.The President shall convene meetings of the College.

2.The College shall meet at least once per month. It shall also meet at the initiative of the President or at the request of at least one third of its members.

3.The Administrative Director and authorised Eurojust staff shall be invited to attend meetings of the College, as appropriate, without the right to vote.

4.The College shall invite representatives of the EPPO and Europol to attend its meetings, without the right to vote, when matters of common interest are discussed. It may also invite representatives of Union bodies, liaison prosecutors seconded to Eurojust, Contact Points posted at Eurojust and other national or international competent authorities, as appropriate, without the right to vote.

5.The College may invite any other person whose opinion may be of interest to attend its meetings as an observer.

Article 22

Voting rules of the College

1.The College shall endeavour to adopt its decisions by consensus. Where a consensus cannot be reached, the College shall adopt its decisions by a majority of its members without undue delay.

2.Each National Member shall have one vote. In the absence of a voting member, the Deputy shall be entitled to exercise the right to vote subject to the conditions set out in Article 17(2). In the absence of the deputy, the Assistant shall also be entitled to exercise the right to vote subject to the conditions set out in Article 17(3).

Article 23

President and Vice-President of Eurojust

1.The College shall elect a President and one Vice-President from among the National Members by a two-thirds majority of its members. In the event that a two-thirds majority cannot be reached after the second round of election, the Vice-President shall be elected by a simple majority of the members of the College, while a two-thirds majority shall continue to be necessary for the election of the President.

2.The President shall exercise their functions on behalf of the College. The President shall:

(a)represent Eurojust in external institutional relations; 

(b)call and preside over the meetings of the College and the Executive Board and keep the College informed of any matters that are of interest to it;

(c)direct the work of the College;

(d)participate in the Management Board meetings without the right to vote;

(e)exercise any other functions set out in its rules of procedure.

3.The Vice-President shall exercise the functions set out in paragraph 2 which the President entrusts to him or her and shall replace the President where the latter is prevented from attending to their duties. The President and Vice-President shall be assisted in the performance of their specific duties by the staff of Eurojust.

4.The term of office of the President and the Vice-President shall be four years, renewable once.

5.Where a National Member is elected President or Vice-President of Eurojust, their term of office shall be extended to ensure that he or she can fulfil their function as President or Vice-President.

6.If the President or Vice-President no longer fulfils the conditions required for the performance of their duties, he or she may be dismissed by the College acting on a proposal from one third of its members. The decision shall be adopted on the basis of a two-thirds majority of the members of the College, excluding the President or Vice-President concerned.

7.When a National Member is elected President of Eurojust, the Member State concerned may second another suitably qualified person to reinforce the national desk for the duration of the former’s mandate as President. A Member State which decides to second such a person shall be entitled to apply for compensation in accordance with Article 24.

Article 24

Compensation mechanism for the election to the position of President

1.The Member State whose National Member is elected President shall be entitled to compensation for the purpose of Article 23(7), in accordance with the mechanism determined by the Council by means of implementing acts.

2.The compensation shall be available to any Member State if:

(a)its National Member has been elected President;

(b)it requests compensation from the College and provides justification for the need to reinforce its national desk on grounds of an increased workload.

3.The compensation provided shall equate to 50 % of the national salary of the seconded person. Compensation for living costs and other associated expenses shall be provided on a comparable basis to that provided to Union officials or other servants seconded abroad.

4.The costs of the compensation mechanism shall be borne by Eurojust's budget.

CHAPTER III

OPERATIONAL MATTERS

SECTION I

Facilitation of Judicial cooperation and coordination

Article 25

Support to cross-border investigations and prosecutions

1.Eurojust shall support and strengthen cooperation between competent authorities of Members States, third countries and competent organs of international organisations, and ensure the best possible coordination of investigations and prosecutions, in particular by providing operational, analytical, and strategic support.

2.For the purposes of paragraph 1, Eurojust may in particular:

(a)organise and facilitate coordination meetings and coordination centres, and provide the necessary logistical support, including translation and interpretation;

(b)facilitate and support the issuing, transmission and execution of requests of judicial cooperation and mutual recognition instruments, in particular by:

i.advising on the appropriate instruments and applicable legal requirements;

ii.supporting the drafting, transmission and follow-up of requests;

iii.facilitating contacts with competent national authorities of Member States and with competent authorities of third countries and competent organs of international organisations and, where relevant, private parties;

iv.identifying alternative solutions in the event of refusals of execution of requests;

v.providing assistance in cases of competing or conflicting requests for judicial cooperation, including European Arrest Warrants issued in accordance with Council Framework Decision 2002/584/JHA 49 , such as by issuing reasoned opinions;

(c)assist in the prevention, identification and resolution of conflicts of jurisdiction between competent national authorities, including by:

i.identifying parallel or linked proceedings;

ii.providing legal advice, including as regards the application of the ne bis in idem principle;

iii.issuing non-binding reasoned opinions or recommendations on the resolution of such conflicts;

iv.inviting the competent authorities to accept that one of them is the jurisdiction best placed to prosecute;

v.facilitating the transfer of proceedings.

(d)facilitate and support the exchange of information between competent national authorities and competent organs of international organisations;

(e)cross-check, in accordance with this Regulation, information contained in relevant databases in order to identify links between cross-border investigations and support such investigations;

(f)facilitate and support the cross-border tracing, freezing, confiscation and recovery of criminal assets in cross-border cases, including in relation to post-conviction and non-conviction based confiscation in proceedings in criminal matters;

(g)request Europol to provide support, including through operational analysis in an ongoing specific criminal investigation on the basis of investigative data provided by Eurojust or the Member States.

3.The competent national authorities shall, upon request, inform Eurojust of the outcome of proceedings in respect of which they have received assistance under this Article, including, where available, relevant judicial decisions and any follow-up measures taken.

4.Eurojust shall support the implementation of this Article through its authorised staff, acting under the direction of the National Members in accordance with this Regulation.

Article 26

Support to joint investigation teams

1.Eurojust shall provide operational, technical, analytical, legal and financial support to joint investigation teams (JIT), including by:

(a)advising on the opportunity and legal requirements for setting up a joint investigation team, including the possible participation of Europol;

(b)assisting in the drafting and negotiation of agreements establishing joint investigation teams;

(c)advising on prosecutorial strategies and on the implementation of operational actions.

2.The roles and status of National Members and other members of the National Desks within a joint investigation team shall be determined by the agreement establishing the JIT. 

3.Eurojust staff may, where the agreement establishing a JIT so provides, participate in the activities of that JIT, under the conditions laid down therein, including as regards the applicable liability regime.

4.Eurojust staff may, within the limits of the law of the Member States in which a joint investigation team operates, assist in its activities and in the exchange of information between its members.

5.Information obtained by authorised Eurojust staff in the course of their participation in a joint investigation team shall, with the consent and under the responsibility of the Member State which provided the information, be processed by Eurojust under the conditions laid down in this Regulation.

6.Eurojust shall support the Network of National Experts on Joint Investigation Teams (JIT Network) through its staff, in particular by:

(a)organising its meetings and training activities;

(b)collecting and analysing evaluations of individual joint investigation teams;

(c)managing Eurojust’s financial support to joint investigation teams;

(d)performing the tasks assigned to the JITs Network Secretariat under Regulation (EU) 2023/969 50 of the European Parliament and of the Council. 

7.Eurojust financial support shall be provided in accordance with Regulation (EU, Euratom) 2024/2509 and may include the use of simplified forms of funding, including lump sums, unit costs and flat-rate financing. Eurojust may directly cover or reimburse expenditure necessary for the establishment and functioning of joint investigation teams, including costs relating to travel, accommodation, interpretation, translation, coordination activities, equipment and operational support.

Article 27

Judicial coordination platforms

1.At the request of two or more Member States, or on its own initiative with the agreement of the Member States concerned, Eurojust may establish judicial coordination platforms to support particularly complex cross-border investigations or prosecutions or to enhance cooperation in addressing specific forms of serious crime. 

2.Judicial coordination platforms shall be composed of representatives of the competent national authorities of the Member States concerned, including members of the National Desks, and shall be supported by authorised Eurojust staff. 

3.Representatives of Union agencies, bodies, offices and other relevant international justice actors, as well as of third countries and international organisations, may be invited to participate, subject to the agreement of the competent national authorities concerned.

4.Eurojust shall provide operational, technical, analytical, legal and financial support to the judicial coordination platforms. It shall also provide the necessary logistical support, including premises and secure communication tools.

5.Judicial coordination platforms shall in particular:

(a)facilitate the exchange of information and evidence relevant to judicial authorities, including in support of the development and implementation of a common prosecution strategy;

(b)provide Eurojust with information for the purposes of operational analysis in accordance with this Regulation;

(c)provide specialised assistance to competent national authorities, including, where appropriate, with the support of the ECEs referred to in Article 31.

6.Information processed in the framework of a judicial coordination platform shall be handled in accordance with this Regulation and shall be stored and processed in the case management system referred to in Article 41.

SECTION II

Operational activities on own initiative

Article 28

Own initiative

1.In the absence of a request from the competent national authorities or the EPPO, Eurojust may carry out operational activities on its own initiative, in accordance with this Regulation, on the basis of information provided by Member States, third countries, international organisations, Union institutions, bodies, offices and agencies, or private parties, or obtained from publicly available sources, in connection with investigations or prosecutions, ongoing or potential, involving serious crime falling within the scope of Eurojust's competence in accordance with this Regulation.

2.When Eurojust acts on its own initiative, National Members may, giving their reasons, ask the competent authorities of their Member States to:

(a)undertake an investigation or prosecution in respect of specific acts;

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

(c)extend the scope of investigations to include other Member States or third countries not initially involved;

(d)prioritise a request for judicial cooperation in cases of conflicting or competing requests;

(e)authorise, where appropriate, the cross-checking of relevant databases, in order to identify links between cases;

(f)coordinate between the competent authorities of the Member States concerned;

(g)request operational or analytical support from Europol in accordance with Article 57;

(h)set up a joint investigation team;

(i)take special investigative measures;

(j)transmit to Eurojust information necessary for the performance of its tasks;

(k)take any other measure justified for the purposes of the investigation or prosecution.

3.National Members may further:

(a)inform the competent national authorities of investigations or prosecutions that may have repercussions at Union level or affect Member States other than those directly concerned;

(b)transmit to the competent national authorities information relevant for the initiation, extension or conduct of investigations and prosecutions falling within Eurojust’s competence;

(c)issue reasoned opinions in relation to specific cases and transmit those opinions to the Member States concerned;

(d)issue or execute requests for judicial cooperation in urgent cases in accordance with this Regulation.

4.Where obstacles arise in relation to requests for, or decisions on, judicial cooperation between two or more Member States, including those based on instruments giving effect to the principle of mutual recognition, and where such obstacles cannot be resolved through consultation between the competent authorities concerned, National Members may, on their own initiative or at the request of the competent national authorities concerned, issue a reasoned opinion on the case.

5.The competent national authorities of the Member States concerned shall respond, without undue delay, to requests made by National Members under paragraph 2 and to the reasoned opinions referred to in paragraphs 3 and 4. They may refuse to comply with such requests or not follow such opinions where compliance would adversely affect essential national security interests, jeopardise the success of an ongoing investigation or prosecution, or endanger the safety of an individual.

6.On the basis of the information referred to in paragraph 1, and for the purposes of paragraph 2, authorised Eurojust staff may compile, analyse and transmit relevant operational information to the National Members or the College for appropriate follow-up. For that purpose, authorised Eurojust staff may temporarily store and analyse personal data in the case management system solely for the purpose of enabling the National Member or the College to determine whether such data are relevant to Eurojust’s tasks and whether a case should be opened in the case management system. Those data may be held for a period not exceeding six months in a secure and controlled environment provided by Eurojust for this purpose, subject to appropriate safeguards substantially equivalent to those identified for the case management system. Where, exceptionally, the National Member or the College has not been able to make that determination within that period, the period may be extended once for a further period not exceeding six months.

7.Eurojust staff may also prepare reasoned opinions for the purposes of paragraphs 3 and 4 and transmit them to the National Members or the College for appropriate follow-up.

8.The competent national authorities of the Member States concerned shall retain responsibility for deciding on any action to be taken as a result of Eurojust's activities carried out under this Article, in accordance with applicable national and Union law.

Article 29

Preservation, analyses and storage of evidence

1.In order to support the action of the Member States in combating core international crimes and related criminal offences, Eurojust shall, in accordance with this Regulation, develop and maintain the capacity to collect, preserve, analyse and store evidence and information that may be used as evidence related to those crimes.

2.At the request of the College or of the Commission, Eurojust may, in duly justified cases, extend the capacities referred to in paragraph 1 to other forms of serious crime within its competence in accordance with this Regulation, provided that this is essential to support specific investigations and prosecutions in respect of which a joint investigation team or a judicial coordination platform has been established.

3.For the purposes of paragraph 1, Eurojust may, in accordance with this Regulation, receive evidence from the competent national authorities of the Member States and third countries as well as competent organs of international criminal courts and tribunals. Eurojust may also collect relevant information that may be used as evidence from Union agencies, bodies and offices, international organisations, private parties and from publicly available sources.

4.Eurojust shall facilitate the secure and timely exchange of information and evidence referred to in paragraph 1 between the competent national authorities of the Member States and third countries as well as competent organs of international criminal courts and tribunals or, where appropriate and in accordance with this Regulation, make such information and evidence directly available to them.

5.For the purposes of this Article, Eurojust shall, through authorised staff: 

(a)support the competent national and international authorities in the transmission of evidence to Eurojust and collect information from publicly available sources;

(b)support the competent national and international authorities in their investigations and prosecutions, including by identifying evidentiary gaps and parallel investigations, and advising on prosecution strategies; and

(c)cooperate closely with Europol, within their respective mandates, to identify links between information processed by both agencies, including through the preparation of joint analytical reports where appropriate.

Article 30

Retention of knowledge

1.Authorised Eurojust staff shall retain, analyse and, where appropriate, exchange operational knowledge related to judicial cooperation in criminal matters, including knowledge derived from Eurojust's casework, the European Judicial Network, and the experience of contact points of other relevant networks and bodies active in judicial cooperation in criminal matters.

2.Eurojust shall identify cross-cutting issues and best practices in judicial cooperation in criminal matters, and shall develop tools, including guidelines, policy documents and casework analyses, to assist practitioners in their cross-border investigations and prosecutions.

3.Eurojust may compile and analyse, including through the use of automated tools, national and Union case-law relevant to judicial cooperation in criminal matters, including on the admissibility of evidence.

Article 31

Eurojust Centres of Expertise in criminal matters (ECE)

1.Eurojust may establish ECE as specialised internal structures to provide strategic, analytical and operational support to the National Desks, the competent national authorities and other relevant stakeholders in combating priority forms of crime at Union level and addressing cross-cutting issues in judicial cooperation in criminal matters.

2.ECE shall be coordinated by Eurojust staff, who shall decide, after consulting the members of the National Desks associated with the relevant ECE, on the prioritisation of activities and outcomes. Such members may also request the support of the ECE in analytical and operational activities. Judicial networks and other bodies of national practitioners may also contribute to the work of the centres.

3.Representatives of other Union agencies, bodies, offices, as well as other relevant stakeholders, may be invited to participate in the work of an ECE where appropriate for the fulfilment of their respective tasks.

4.The College, the Administrative Director or the Commission may request the establishment of an ECE. The Executive Board shall assess the operational added value and the financial implications of such a request and submit the assessment to the Management Board, which shall decide in accordance with Article 10(1), point (r).

SECTION III

Additional forms of operational support

Article 32

Contact point for third countries and international organisations for the purposes of Regulation (EU) 2019/816

1.In performing its role as a contact point for third countries and international organisations for the purpose of identifying the Member States holding criminal records information on a third-country national pursuant to Article 17 of Regulation (EU) 2019/816, Eurojust shall ensure the efficient and secure handling of requests, and their follow-up as referred to therein, in compliance with applicable data protection rules. To that end, it shall establish appropriate organisational and technical measures for the processing, prioritisation and follow-up of such requests.

2.Upon the establishment of the measures referred to in paragraph 1, the procedure laid down in Article 17 of Regulation (EU) 2019/816 shall be carried out by electronic means.

Article 33

Assistance in relation to victims of crime in cross-border criminal proceedings

Eurojust shall assist investigating and prosecuting authorities in upholding victims' rights in cross-border criminal investigations. In particular, at the request of competent national investigating and prosecuting authorities of the Member States, Eurojust may:

(a)assist in facilitating the identification of victims in cases involving a large number of victims;

(b)advise competent national authorities on the rights of victims to participate in criminal proceedings under national or Union law in cross-border cases;

(c)assist competent national authorities with victims' access to compensation and the restitution of property, including property subject to freezing or confiscation measures;

(d)provide any additional assistance in relation to victims' rights in cross-border criminal proceedings, within the limits of its competence in accordance with this Regulation.

Article 34

Involvement in the European Multidisciplinary Platform Against Criminal Threats (EMPACT)

1.Eurojust shall support Europol in the preparation of analytical products on internal security, including strategic analysis, threat assessment, trend report and situational briefings, in particular with a view to assisting the Council and the Commission in establishing the Union's strategic, policy and operational priorities for combating serious crime.

2.Eurojust shall assist Europol in the operational implementation of the Union's priorities in the fight against serious crime, in particular by supporting the participation of judicial authorities in the EMPACT.

3.In coordination with Europol, Eurojust may provide operational, analytical, legal, administrative and logistical support to activities led by Member States within the framework of EMPACT. Such support may include facilitating the exchange of information between the competent authorities concerned. 

4.Such support shall be limited to activities led by, or involving, judicial authorities. The practical arrangements for the coordination between Europol and Eurojust in this context shall be laid down in the working arrangement concluded between the two agencies as referred to in Article 57.

SECTION IV

Exchange of information with competent national authorities in the Member States

Article 35

Eurojust national coordination system 

1.Each Member State shall establish a Eurojust national coordination system to support the work of the National Member of its Member State and ensure coordination between the National Desk and the competent national authorities of that Member State.

2.The Eurojust national coordination system shall include the contact points of networks with which Eurojust maintains relations pursuant to Article 56, the national correspondents for terrorism matters and any other relevant judicial authority.

3.Each Member State may appoint a national correspondent for Eurojust to act as coordinator of the members of the Eurojust national coordination system at national level.

4.Each Member State shall designate a competent national authority as Eurojust national correspondent for terrorism matters. That national correspondent for terrorism matters shall be a judicial or other competent authority. Where the national legal system so requires, a Member State may designate more than one competent national authority as Eurojust national correspondent for terrorism matters. The national correspondent for terrorism matters shall have access to all relevant information in accordance with Article 37. That national correspondent shall be competent to collect such information and to transmit it to Eurojust, in compliance with national and Union law, in particular national criminal procedural law and applicable data protection rules.

5.Members of the Eurojust national coordination system shall in particular:

(e)ensure that information related to the Member State concerned in accordance with Article 37 is transmitted to the case management system referred to in Article 41 in an efficient and reliable manner;

(a)assist the National Member in identifying the competent authorities for the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition;

(b)inform the National Member of meetings at which operational matters of relevance to Eurojust are discussed, and invite the National Member to attend such meetings;

(c)maintain close relationship with the Europol national unit;

(d)raise awareness among investigating and prosecuting authorities in their Member State of the support Eurojust can provide in cross-border cases;

(e)transmit to Eurojust national case-law relevant to judicial cooperation in criminal matters, including on the admissibility of evidence;

(f)bring to Eurojust's attention cross-cutting issues and best practices in judicial cooperation in criminal matters, with a view to contributing to Eurojust’s retention of knowledge in accordance with Article 30 and participate in the work of ECE in accordance with Article 31.

6.The National Member shall meet regularly with the members of the Eurojust national coordination system of their Member State. The National Member shall in particular hold dedicated regular meetings with the contact points of each network referred to in paragraph 2, in order to address matters falling within the remit of that network and to ensure effective coordination between the National Desk and the relevant competent national authorities.

7.In order to meet the objectives referred to in paragraph 5, the persons referred to in paragraph 2, in so far as they act as competent national authorities, shall be connected to the decentralised IT system referred to in Article 40. 

8.Authorised Eurojust staff may assist in the implementation of this Article.

Article 36

Exchanges of information with the Member States and between National Members

1.The competent authorities of the Member States shall exchange with Eurojust all information necessary for the performance of its tasks under Articles 4 and 25 in accordance with the applicable data protection rules. That shall at least include the information referred to in paragraphs 4, 5 and 6 of this Article.

2.The transmission of information to Eurojust shall only be interpreted as a request for the assistance of Eurojust in the case concerned where specified as such by a competent authority of the Member State.

3.The National Members shall exchange all information necessary for the performance of Eurojust’s tasks among themselves and with their competent national authorities, without prior authorisation. In particular, the competent national authorities shall promptly inform their National Members of a case which concerns them.

4.The competent national authorities shall inform their National Members of the setting up of joint investigation teams and of the results of the work of such teams.

5.The competent national authorities shall inform their National Members without undue delay of any case affecting at least three Member States for which requests for or decisions on judicial cooperation, including requests and decisions based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States, where one or more of the following apply:

(a)the offence involved is punishable in the requesting or issuing Member State by a custodial sentence or a detention order, the maximum period of which is at least five or six years, to be decided by the Member State concerned, and is included in the following list:

i.trafficking in human beings;

ii.sexual abuse or sexual exploitation including child pornography and solicitation of children for sexual purposes;

iii.drug trafficking;

iv.illicit trafficking in firearms, their parts or components or ammunition or explosives;

v.corruption;

vi.crime against the financial interests of the Union;

vii.forgery of money or means of payment;

viii.money laundering activities;

ix.computer crime;

(b)there are factual indications that a criminal organisation is involved;

(c)there are indications that the case may have a serious cross-border dimension or may have repercussions at Union level, or that it may affect Member States other than those directly involved.

6.The competent national authorities shall inform their National Members of:

(a)cases in which conflicts of jurisdiction have arisen or are likely to arise;

(b)controlled deliveries affecting at least three countries, at least two of which are Member States;

(c)repeated difficulties or refusals regarding the execution of requests for, or decisions on, judicial cooperation, including requests and decisions based on instruments giving effect to the principle of mutual recognition.

7.The competent national authorities shall not be obliged to supply information in a particular case if doing so would harm essential national security interests or jeopardise the safety of individuals.

8.This Article shall not affect conditions set out in bilateral or multilateral agreements or arrangements between Member States and third countries, including any conditions set by third countries concerning the use of information once supplied.

9.This Article shall not affect other obligations regarding the transmission of information to Eurojust.

10.The competent national authorities shall not be obliged to provide information as referred to in this Article where such information has already been transmitted to Eurojust in accordance with other provisions of this Regulation.

Article 37

Exchanges of information on terrorism cases

1.As regards terrorist offences, the competent national authorities shall inform the National Member of their Member State of any ongoing or concluded criminal investigations supervised by judicial authorities as soon as the case is referred to the judicial authorities in accordance with national law, in particular national criminal procedural law, of any ongoing or concluded prosecutions and court proceedings, and of any court decisions on terrorist offences. That obligation shall apply to all criminal investigations related to terrorist offences regardless of whether there is a known link to another Member State or a third country unless the criminal investigation, due to its specific circumstances, clearly affects only one Member State.

2.Paragraph 1 shall not apply where:

(a)the sharing of information would jeopardise an ongoing investigation or the safety of an individual; or

(b)the sharing of information would be contrary to essential security interests of the Member State concerned.

3.Terrorist offences for the purpose of this Article are offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council 51 .

4.The information transmitted in accordance with paragraph 1 shall include the operational personal data and non-personal data set out in Annex III. Such information may include personal data in accordance with Annex III, paragraph 4, but only if such personal data are held by or can be communicated to the competent national authorities in accordance with national law and if the transmission of those data is necessary to identify reliably a data subject under Article 44(5).

5.Where the situation referred to in paragraph 2 is at stake, the competent national authorities shall inform their National Members about any changes to the information transmitted under paragraph 1 without undue delay and, where possible, no later than 10 working days after such changes.

6.The competent national authority shall not be obliged to provide such information where it has already been transmitted to Eurojust.

7.The competent national authority may at any stage request the support of Eurojust in the follow-up action as regards links identified on the basis of information provided under this Article.

Article 38

Information provided by Eurojust to competent national authorities

1.Eurojust shall provide competent national authorities with information on the results of the processing of information, including the existence of links with cases already stored in the case management system, without undue delay. That information may include personal data.

2.Where a competent national authority requests that Eurojust provide it with information within a certain timeframe, Eurojust shall transmit that information within that timeframe.

Article 39

Exchanges of operational information between authorised Eurojust staff and the Member States

1.Except where otherwise provided in this Regulation, exchanges of operational information between Eurojust and the competent authorities of the Member States shall take place through the National Members, in accordance with the rules on management of information in the case management system set out in Article 42.

2.Where exchanges of operational information between Eurojust and the competent authorities of the Member States take place through the National Members in accordance with paragraph 1, a National Member may, on a case-by-case basis, authorise one or more members of the authorised Eurojust staff, under their supervision and responsibility, to exchange operational information directly with the competent authorities of their Member State where that is necessary for the performance of Eurojust's tasks under this Regulation.

3.Where authorised Eurojust staff act pursuant to paragraph 2, such exchanges shall be carried out through the decentralised IT system referred to in Article 40, unless paragraph 2 of Article 40 applies. The National Member concerned shall remain responsible for the content of the information exchanged and for its further processing in the case management system in accordance with Article 42(1).

Article 40

Secure digital communication and data exchange between competent national authorities and Eurojust

1.Communication between the competent national authorities and Eurojust under this Regulation shall be carried out through a network of IT systems and interoperable e-CODEX access points, which operate under the individual responsibility and management of each Member State and Eurojust, enabling the secure and reliable cross-border exchange of information ('the decentralised IT system'). The case management system referred to in Article 41 shall be connected with the decentralised IT system.

2.Where exchange of information in accordance with paragraph 1 is not possible due to, for instance, the unavailability of the decentralised IT system, the nature of the transmitted material, technical limitations, such as data size, legal constraints relating to the admissibility as evidence of the requested data or to forensic requirements applicable to the requested data, or exceptional circumstances, the transmission shall be carried out by the most appropriate alternative means, taking into account the need to ensure an exchange of information which is swift, secure and reliable, and allows the recipient to establish authenticity.

3.The competent national authorities shall transmit the information referred to in Articles 36 and 37 of this Regulation to Eurojust in a semi-automated and structured manner from national registers in accordance with the Commission Implementing Regulation (EU) 2025/2447 52 .

4.The Commission shall be responsible for the creation, maintenance and development of reference implementation software which Member States and Eurojust may choose to apply as their back-end system. That reference implementation software shall be based on a modular setup, meaning that the software is packaged and delivered separately from the e-CODEX components needed to connect it to the decentralised IT system. That setup shall enable Member States to reuse or enhance their existing national judicial communication infrastructures for the purpose of cross-border use and Eurojust to connect its case management system to the decentralised IT system.

5.The Commission shall provide, maintain and support the reference implementation software free of charge. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union.

6.Member States and Eurojust shall bear their respective costs for establishing and operating an authorised e-CODEX access points as defined in Article 3, point 3, of Regulation (EU) 2022/850, and for establishing and adjusting their relevant IT systems to make them interoperable with the access point.

7.Where Eurojust establishes or procures cloud computing services for the purposes of this Regulation, it shall ensure that such services comply with applicable Union law, including requirements on the EU cloud sovereignty framework, data security, data protection, cybersecurity and digital sovereignty, thereby ensuring the secure hosting and processing of data exchanged under this Regulation, with strict access control and data compartmentalisation.

Article 41

Case management system

1.Eurojust shall establish a case management system for the processing of operational personal data listed in Annex II, data listed in Annex III and non-personal data.

2.The case management system shall serve the following purposes:

(a)support the management and coordination of investigations and prosecutions in respect of which Eurojust is providing assistance;

(b)support Eurojust in the exercise of its own initiative functions pursuant to Article 28;

(c)ensure secure access to, and the secure exchange of, information on ongoing investigations and prosecutions; 

(d)facilitate the secure exchange of information and evidence with competent national authorities of the Member States, Union bodies, offices and agencies, competent authorities of third countries, competent organs of international organisations and private parties, including through the communication channels referred to in paragraph 3 and subject to the handling restrictions set out in Article 42(3);

(e)enable the analysis and systematic cross-checking of information and evidence in order to identify links between cross-border investigations and prosecutions, to support case -building by competent national authorities; 

(f)preserve, analyse and store evidence in accordance with Article 29;

(g)enable the extraction of data for operational, analytical and statistical purposes; 

(h)facilitate monitoring to ensure that the processing of operational personal data within the system is lawful and complies with this Regulation and the applicable data protection rules.

3.The case management system shall be connected to the decentralised IT system a referred to in Article 40. It may also be linked to the secure telecommunications connection referred to in Article 9 of Council Decision 2008/976/JHA and to other secure communication channels established in accordance with applicable Union law.

4.Where Eurojust has been granted access to data in or from other Union information systems established under other Union legal acts, it may use the case management system to access data in or to connect to such information systems for the purpose of retrieving and processing information, including personal data, provided that it is necessary for the performance of its tasks and is in accordance with the Union legal acts establishing such information systems.

5.Paragraphs 3 and 4 shall not extend the access rights granted to Eurojust to other Union information systems under the Union legal acts establishing those systems.

6.For the processing of operational personal data, Eurojust shall not carry out any automated processing outside the integrated data processing environment of the case management system, except in the cases explicitly provided for under this Regulation. National Members may temporarily store and analyse personal data for the purpose of determining whether such data are relevant to Eurojust’s tasks and whether a case should be opened in the case management system. Those data may be held for a period not exceeding six months in a secure and controlled environment provided by Eurojust for this purpose, subject to appropriate safeguards substantially equivalent to those identified for the case management system. Where, exceptionally, the National Member has not been able to make that determination within that period, the period may be extended once for a further period not exceeding six months.

7.Where Eurojust is authorised to process operational or non-operational personal data but does not act as controller in respect of such data, it shall ensure the secure processing thereof. By way of derogation from paragraph 6, Eurojust may, where necessary, establish a separate system for the processing of such data. Such data shall not be used for any other task or purpose of Eurojust, including cross-checking.

8.In the performance of their tasks, National Members may process personal data on the individual cases on which they are working, in accordance with this Regulation or other applicable instruments. They shall allow the Data Protection Officer to have access to the personal data processed in the case management system.

Article 42

Management of the information in the case management system

1.The National Member, or any other member of the National Desk acting under their authority, shall store the information gathered by or transmitted to that National Member in accordance with this Regulation or other applicable instruments in the case management system. The National Member shall be responsible for the management of the data processed by that National Member.

2.The National Member shall decide, on a case-by-case basis, whether to keep access to the information restricted or to grant access to it, or to parts of it, to one or more of the following:

(a)other National Members;

(b)liaison prosecutors posted at Eurojust pursuant to Article 63;

(c)the EPPO liaison officer seconded to Eurojust pursuant to Article 58;

(d)the contact points posted at Eurojust pursuant to Article 63;

(e)authorised Eurojust staff pursuant to paragraph 5 of this Article; or

(f)any other person working on behalf of Eurojust who has received the necessary authorisation from the Administrative Director pursuant to Article 71(5). 

3.Where a link as referred to in Article 41(2), point (e), has been identified, the National Member shall indicate, in consultation with the competent national authorities that provided the relevant information, in general or specific terms, any restrictions on the further handling, access and transfer of that information. Such restrictions shall be binding on all persons granted access to the information pursuant to paragraph 2 of this Article and shall be recorded in the case management system 

4.Authorised Eurojust staff may store information in the case management system under the supervision of a National Member or the College, in accordance with this Regulation.

5.Authorised Eurojust staff shall be granted access to the case management system to the extent strictly necessary for the performance of the specific tasks assigned to them under this Regulation, and in particular for the following purposes:

(a)the retention and management of operational knowledge pursuant to Article 31;

(b)the performance of tasks related to own initiative cases pursuant to Article 28;

(c)the processing of requests under the automated hit/no-hit system pursuant to Article 55, subject to the handling restrictions indicated pursuant to paragraph 3 of this Article.

6.The College shall lay down the details of the practical implementation of paragraph 5.

CHAPTER IV

PROCESSING OF INFORMATION

Article 43

Processing of personal data by Eurojust

1.References to 'applicable data protection rules' in this Regulation shall be understood as references to the provisions on data protection set out in this Regulation and in Regulation (EU) 2018/1725.

2.Eurojust shall determine the time limits for the storage of administrative personal data in the data protection provisions of its rules of procedure.

Article 44

Processing of operational personal data

1.Where necessary to perform its tasks, Eurojust may, within the framework of its competence and in order to carry out its operational functions, process by automated means or in structured manual files in accordance with this Regulation only the operational personal data listed in point 1 of Annex II of persons who, under the national law of the Member States concerned, are persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence.

2.Eurojust may process only the operational personal data listed in point 2 of Annex II of persons who, under the national law of the Member States concerned, are regarded as victims or other parties to a criminal offence, such as persons who might be called to testify in a criminal investigation or prosecution regarding one or more of the types of crime and the criminal offences referred to in Article 6, persons who are able to provide information on criminal offences, or contacts or associates of a person referred to in paragraph 1 of this Article. The processing of such operational personal data may only take place if it is necessary for the fulfilment of the tasks of Eurojust, within the framework of its competence and in order to carry out its operational functions.

3.In exceptional cases, for a limited period of time which shall not exceed the time needed for the conclusion of the case in relation to which the data are processed, Eurojust may also process operational personal data other than the personal data referred to in Annex II relating to the circumstances of an offence, where such data are immediately relevant to and are included in ongoing investigations which Eurojust is coordinating or helping to coordinate and when their processing is necessary for the purposes specified in paragraph 1. The Data Protection Officer referred to in Article 50 shall be informed immediately when such operational personal data are processed, and shall be informed of the specific circumstances which justify the necessity of the processing of those operational personal data. Where such other data refer to witnesses or victims within the meaning of paragraph 2, the decision to process them shall be taken jointly by the National Members concerned.

4.Where special categories of operational personal data refer to witnesses or victims within the meaning of paragraph 2 of this Article, the decision to process them shall be taken by the National Members concerned.

5.Where operational personal data are transmitted in accordance with Article 37 Eurojust may process the operational personal data listed in Annex III of the following persons:

(a)persons for whom, in accordance with the national law of the Member State concerned, there are serious grounds for believing that they have committed or are about to commit a criminal offence in respect of which Eurojust is competent;

(b)persons who have been convicted of such offence.

6.Unless the competent national authority decides otherwise on a case-by-case basis, Eurojust may continue to process the operational personal data referred to in point (a) of paragraph 5 also after the proceedings have been concluded under the national law of the Member State concerned, even in the event of an acquittal or of a final decision not to prosecute. Where the proceedings did not result in a conviction, processing of operational personal data shall take place only in order to identify links between ongoing, future or concluded investigations and prosecutions as referred to in Article 41(2), point (c).

Article 45

Time limits for the storage of operational personal data

1.Operational personal data processed by Eurojust shall be stored by Eurojust for only as long as is necessary for the performance of its tasks. In particular, without affecting paragraph 4 of this Article, the operational personal data referred to in Article 44 may not be stored beyond the first applicable date among the following dates:

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

(b)the date on which Eurojust is informed that the person has been acquitted and the judicial decision became final, in which case the Member State concerned shall inform Eurojust without delay;

(c)three years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final;

(d)the date on which Eurojust and the Member States concerned mutually established or agreed that it was no longer necessary for Eurojust to coordinate the investigation and prosecutions, unless there is an obligation to provide Eurojust with this information in accordance with Article 36(5) or (6);

(e)three years after the date on which operational personal data were transmitted in accordance with Article 36(5) or (6), unless those data relate to a case in respect of which criminal proceedings are still pending, including any appeal proceedings, at the time of expiry of that period, in which case the data may be retained until a final judgment has been rendered.

2.Eurojust shall not store operational personal data transmitted in accordance with Article 38 beyond the first of the following dates:

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

(b)five years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final, or two years in the case of an acquittal or final decision not to prosecute;

(c)the date on which Eurojust is informed of the decision of the competent national authority pursuant to Article 46(5).

3.Observance of the storage deadlines referred to in paragraphs 1 and 2 shall be reviewed constantly by appropriate automated processing conducted by Eurojust, in particular from the moment Eurojust ceases to provide support. A review of the need to store the data shall also be carried out every three years after they were entered. If operational personal data referred to in Article 44(4) are stored for a period exceeding five years, the EDPS shall be informed thereof.

4.Before one of the storage deadlines referred to in paragraphs 1 and 2 expires, Eurojust shall review the need for the continued storage of the operational personal data where and as long as that is necessary to perform its tasks. It may decide by way of derogation to store those data until the following review. The reasons for the continued storage shall be justified and recorded. If no decision is taken on the continued storage of operational personal data at the time of the review, those data shall be deleted automatically.

5.Where, in accordance with paragraph 3, operational personal data have been stored beyond the storage deadlines referred to in paragraph 1, the EDPS shall also carry out a review of the need to store those data every three years.

6.Once the deadline for the storage of the last item of automated data from the file has expired, all documents in the file shall be destroyed with the exception of any original documents which Eurojust has received from competent national authorities and which need to be returned to their provider.

7.Where Eurojust has coordinated an investigation or prosecutions, the National Members concerned shall inform each other whenever they receive information that the case has been dismissed or that all judicial decisions related to the case have become final.

8.Paragraph 6 shall not apply where:

(a)that would damage the interests of a data subject who requires protection; in such cases, the operational personal data shall be used only with the express and written consent of the data subject;

(b)the accuracy of the operational personal data is contested by the data subject; in such cases paragraph 5 shall not apply for a period enabling Member States or Eurojust, as appropriate, to verify the accuracy of such data;

(c)the operational personal data are to be maintained for purposes of proof or for the establishment, exercise or defence of legal claims;

(d)the data subject opposes the erasure of the operational personal data and requests the restriction of their use instead; or

(e)the operational personal data are further needed for archiving purposes in the public interest or statistical purposes. Eurojust and Member States shall define mechanisms to ensure that the security measures referred to in Article 91 of Regulation (EU) 2018/1725 are addressed across information system boundaries.

Article 46

Security of operational personal data

Eurojust and Member States shall define mechanisms to ensure that the security measures referred to in Article 91 of Regulation (EU) 2018/1725 are addressed across information system boundaries.

Article 47

Right of access by the data subject

1.Any data subject who wishes to exercise the right of access referred to in Article 80 of Regulation (EU) 2018/1725 to operational personal data that relate to the data subject and which have been processed by Eurojust may make a request to Eurojust or to the national supervisory authority in the Member State of the data subject’s choice. That authority shall refer the request to Eurojust without delay, and in any case within one month of its receipt.

2.The request shall be answered by Eurojust without undue delay and in any case within three months of its receipt by Eurojust.

3.The competent authorities of the Member States concerned shall be consulted by Eurojust on the decision to be taken in response to a request. The decision on access to data shall only be taken by Eurojust in close cooperation with the Member States directly concerned by the communication of such data. Where a Member State objects to Eurojust’s proposed decision, it shall notify Eurojust of the reasons for its objection. Eurojust shall comply with any such objection. The National Members concerned shall thereafter notify the competent authorities of the content of Eurojust’s decision.

4.The National Members concerned shall deal with the request and reach a decision on Eurojust’s behalf. Where the National Members concerned are not in agreement, they shall refer the matter to the College, which shall take its decision on the request by a two-thirds majority.

Article 48

Limitations to the right of access

In the cases referred to in Article 81 of Regulation (EU) 2018/1725, Eurojust shall inform the data subject after consulting the competent authorities of the Member States concerned in accordance with Article 47(3) of this Regulation.

Article 49

Right to restriction of processing

Without affecting the exceptions set out in Article 45(8) of this Regulation, where the processing of operational personal data has been restricted under Article 82(3) of Regulation (EU) 2018/1725, such operational personal data shall only be processed for the protection of the rights of the data subject or another natural or legal person who is a party to the proceedings to which Eurojust is a party, or for the purposes laid down in Article 82(3) of Regulation (EU) 2018/1725.

Article 50

Data Protection Officer

1.The Management Board shall designate a Data Protection Officer. The Data Protection Officer shall be a member of Eurojust staff specifically appointed for this purpose.

2.The Data Protection Officer shall be appointed for a term of four years and shall be eligible for reappointment.

3.The Executive Board shall adopt implementing rules concerning the Data Protection Officer. Those implementing rules shall in particular concern the procedure for the selection of the Data Protection Officer, and their dismissal, tasks, duties and powers as well as, safeguards for the independence of the Data Protection Officer.

4.In the exercise of their functions, if the Data Protection Officer considers that the provisions of Regulation (EU) 2018/1725 related to the processing of administrative personal data or related to the processing of operational personal data have not been complied with, he or she shall inform the Executive Board, requesting that it resolve the non-compliance within a specified time. If the Executive Board does not resolve the non-compliance within the specified time, the Data Protection Officer shall refer the matter to the EDPS.

Article 51

Notification of a personal data breach to the authorities concerned

1.In the event of a personal data breach, Eurojust shall, without undue delay and without affecting Articles 34 or 92 of Regulation (EU) 2018/1725, notify the competent authorities of the Member States concerned of that breach.

2.The notification referred to in paragraph 1 shall, as a minimum, describe the following:

(a)the nature of the personal data breach including, where possible and appropriate, the categories and number of data subjects concerned and the categories and number of data records concerned;

(b)the likely consequences of the personal data breach;

(c)the measures proposed or taken by Eurojust to address the personal data breach. 

3.Where appropriate, the notification referred to in paragraph 1 shall recommend measures to mitigate the possible adverse effects of the personal data breach.

Article 52

Cooperation between the EDPS and national supervisory authorities

1.The EDPS shall act in close cooperation with national supervisory authorities with respect to specific issues requiring national involvement, in particular if the EDPS or a national supervisory authority finds major discrepancies between practices of the Member States or potentially unlawful transfers using Eurojust’s communication channels, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.

2.In the cases referred to in paragraph 1, coordinated supervision shall be ensured in accordance with Article 62 of Regulation (EU) 2018/1725.

3.The EDPS shall keep national supervisory authorities fully informed of all issues that directly affect them or are otherwise relevant to them. Upon a request from one or more national supervisory authorities, the EDPS shall inform them on specific issues.

4.In cases relating to data originating from one or several Member States, the EDPS shall consult the national supervisory authorities concerned. The EDPS shall not decide on further action to be taken before those national supervisory authorities have informed the EDPS of their position, within a deadline specified by the EDPS. That deadline shall not be shorter than one month or longer than three months. The EDPS shall take utmost account of the position of the national supervisory authorities concerned. In cases where the EDPS intends not to follow their position, he or she shall inform them, provide a justification, and submit the matter to the European Data Protection Board. In cases which the EDPS considers to be extremely urgent, he or she may decide to take immediate action. In such cases, the EDPS shall immediately inform the national supervisory authorities concerned and substantiate the urgent nature of the situation and justify the action he or she has taken.

5.National supervisory authorities shall keep the EDPS informed of any actions they take with respect to the transfer, retrieval, or any other communication of operational personal data under this Regulation by the Member States.

Article 53

Responsibility in data protection matters

1.Eurojust shall process operational personal data in such a way that it can be established which authority provided the data or from where the data were retrieved.

2.Responsibility for the accuracy of operational personal data shall lie with:

(a)Eurojust for operational personal data provided by a Member State, or by a Union institution, body, office or agency where the data provided has been altered in the course of processing by Eurojust;

(b)the Member State or the Union institution, office, body or agency which provided the data to Eurojust, where the data provided has not been altered in the course of processing by Eurojust;

(c)Eurojust for operational personal data provided by third countries or by international organisations, for operational personal data retrieved by Eurojust from publicly available sources, and for operational personal data received from private parties.

3.Responsibility for compliance with Regulation (EU) 2018/1725 in relation to administrative personal data and for compliance with this Regulation and with Regulation (EU) 2018/1725 in relation to operational personal data shall lie with Eurojust. Responsibility for the legality of a transmission of operational personal data shall lie:

(a)where a Member State has provided the operational personal data concerned to Eurojust, with that Member State;

(b)with Eurojust, where it has provided the operational personal data concerned to Member States, to Union institutions, bodies, offices or agencies, to third countries or to international organisations.

4.Subject to other provisions of this Regulation, Eurojust shall be responsible for all data processed by it.

CHAPTER V

RELATIONS WITH PARTNERS

SECTION I

Common provisions

Article 54

Common provisions

1.Where necessary for the achievement of the objectives set out in this Regulation, Eurojust may establish and maintain cooperative relations with Union institutions, bodies, offices and agencies in accordance with their respective objectives, and with the competent authorities of third countries and international organisations in accordance with the cooperation strategy referred to in Article 65.

2.Where relevant to the performance of its tasks and subject to any restrictions pursuant to Article 36(8) and Article 80, Eurojust may exchange any information with the entities referred to in paragraph 1 of this Article directly, with the exception of operational personal data.

3.For the purposes set out in paragraphs 1 and 2, Eurojust may, subject to prior consultation with the Commission, conclude working arrangements with the entities referred to in paragraph 1. Such working arrangements shall not form the basis for allowing the exchange of personal data and shall not create legal obligations incumbent on the Union or its Member States.

4.Eurojust may receive and process personal data received from the entities referred to in paragraph 1 in so far as necessary for the performance of its tasks, subject to the applicable data protection rules.

5.Where the data to be transmitted have been provided by a Member State, Eurojust shall obtain the consent of the relevant competent authority in that Member State, unless the Member State has granted its prior authorisation to such onward transmission, either in general terms or subject to specific restrictions. Such consent may be withdrawn at any time.

6.Where Member States, Union institutions, bodies, offices or agencies, third countries or international organisations have received personal data from Eurojust, onward transmission of such data to third parties shall be prohibited unless all of the following conditions have been met:

(a)Eurojust has obtained prior consent from the competent national authorities that provided the data;

(b)Eurojust has given its explicit consent after considering the circumstances of the case at hand;

(c)the onward transmission is only for a specific purpose that is not incompatible with the purpose for which the data were transmitted.

Article 55

Common provisions on indirect information exchange on the basis of a hit/no-hit system

1.Eurojust shall take all appropriate measures to ensure indirect access by other Union bodies, offices and agencies, where such access is provided for in Union law, to information held by Eurojust, under conditions of reciprocity, by means of an automated hit/no-hit system operated through the searching of indexes which shall be kept up to date.

2.Indirect access to information under the first paragraph shall not affect any restrictions indicated by the Member States, Union institutions, bodies, offices and agencies, third countries or international organisations providing the information.

3.In the case of a hit, Eurojust shall initiate the procedure by which the information that generated the hit is to be transmitted to the searching Union body, office or agency, as referred to in paragraph 1, in accordance with the restrictions set by the provider of the information pursuant to this Regulation. In case of a hit with information that is subject to restrictions, the automated hit/no-hit system referred to in paragraph 1 shall not notify the searching Union body, office or agency of that hit. In that case, Eurojust shall expeditiously contact the provider of the information to enquire if the information that generated the hit can be shared with the searching Union body, office or agency. Where the provider of the information lifts those restrictions, Eurojust shall transmit the information that generated the hit to the searching Union body, office or agency. Where the provider of the information maintains those restrictions, Eurojust shall comply with those restrictions and not transmit the information that generated the hit to the searching Union body, office or agency.

4.Searches of information in accordance with paragraphs 1 and 2 shall be carried out only for the purpose of identifying whether information available at another Union body, office or agency matches information processed at Eurojust.

5.While preserving the automated nature of the hit/no-hit system, Eurojust shall allow searches in accordance with paragraphs 1 and 2 only by persons designated by other Union bodies, offices or agencies as authorised to perform such searches.

6.Under the conditions of reciprocity referred to in the first paragraph, Eurojust shall, within the limits of its competence, have indirect access, on the basis of an automated hit/no-hit system, to information provided to Union bodies, offices and agencies, subject to the conditions set out in Union law. 

Such access shall not affect any restrictions indicated by the Member State, Union institution, body, office or agency, third country or international organisation that providing that information.

7.Eurojust and other Union bodies, offices and agencies shall inform each other if, as a result of a hit in accordance with paragraphs 1 and 3, there are indications that data may be incorrect or may conflict with other data.

8.Where necessary for the implementation of the hit/no-hit system referred to in paragraphs 1 to 7, the technical procedure, including the data sets that should be included in the indexes as well as performance and availability requirements, shall be laid down by means of implementing acts adopted in accordance with Article 84(2).

SECTION II

Relations with Union bodies, offices and agencies

Article 56

Relations with the European Judicial Network and other Union networks involved in judicial cooperation in criminal matters

1.Eurojust and the European Judicial Network in criminal matters shall maintain privileged relations with each other in criminal matters, based on consultation and complementarity, in particular through the members of each National Desk designated as contact points for the European Judicial Network in accordance with Article 17. The complementarity between Eurojust and the European Judicial Network shall be exercised in accordance with their respective mandates. Eurojust shall exercise its competence in cases involving serious cross-border crime where the effective conduct of investigations or prosecutions requires the coordination of competent national authorities, involve third countries or international organisations or require the development of a common prosecutorial strategy across two or more jurisdictions. To that end, the following arrangements shall apply:

(a)the Secretariat of the European Judicial Network shall form part of the staff of Eurojust; it may draw on the administrative resources of Eurojust which are necessary for the performance of the European Judicial Network’s tasks, including for covering the costs of the plenary meetings of the European Judicial Network;

(b)contact points of the European Judicial Network may be invited on a case-by-case basis to attend relevant Eurojust meetings;

(c)Eurojust and the European Judicial Network may make use of the Eurojust national coordination system established pursuant to Article 35 when determining whether a request should be handled with the assistance of Eurojust or the European Judicial Network.

2.Eurojust shall support the following networks and bodies active in judicial cooperation in criminal matters:

(a)the European Judicial Network, established by Decision 2008/976/JHA;

(b)the European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes, established by Decision 2002/494/JHA;

(c)the network of contact points against corruption, established by Decision 2008/852/JHA;

(d)the JITs Network,

(e)the European Judicial Cybercrime Network;

(f)the European Judicial Organised Crime Network;

(g)other specialised networks or bodies of judicial practitioners active in areas falling within Eurojust's mandate.

3.The networks and bodies referred to in paragraph 2 may draw on the administrative resources of Eurojust where necessary for the performance of their tasks.

4.The connection between the networks and bodies referred to in paragraphs 1 and 2 and the competent national authorities shall be ensured at national level through the Eurojust national coordination system established pursuant to Article 35.

5.Networks and bodies referred to in paragraphs 1 and 2 shall contribute to Eurojust's retention of knowledge and may participate in the work of ECE in accordance with Articles 30 and 31 respectively.

Article 57

Relations with Europol

1.Eurojust shall establish and maintain close cooperation with Europol, with a view to ensuring the coherent and coordinated exercise of their respective mandates and avoiding duplication of effort.

2.Eurojust shall conclude a working arrangement with Europol 53 , including any amendment thereof, in consultation with the Commission, setting out the practical modalities of their cooperation. That arrangement shall be subject to regular review, where necessary and, in any event, upon request of the Commission.

3.Where, in the context of Eurojust's activities, including at any stage of a joint investigation team, Eurojust or a Member State identifies the need for coordination, cooperation or support falling within Europol's mandate, Eurojust shall notify Europol thereof and shall initiate the procedure for sharing the relevant information in accordance with the decision of the Member State that provided it. In such cases, Eurojust shall consult with Europol. 

4.Where Eurojust receives a notification pursuant to Article 74, paragraph 1 of Regulation (EU) [Europol Regulation] indicating that judicial follow-up may be required, it shall, without undue delay, examine the information received and take all appropriate measures within its mandate, including by informing the competent authorities of the Member States concerned and, where appropriate, acting on its own initiative in accordance with Article 28. Eurojust shall consult Europol, as appropriate, and shall keep Europol informed of the use made of that information, in accordance with the decision of the Member State that provided the information.

5.Eurojust and Europol may, where necessary for the achievement of their objectives and with the consent of the competent national authorities of the Member States concerned, establish coordination mechanisms, including joint operational platforms to support strategic and operational coordination in cross-border criminal investigations requiring coordination between two or more Member States For the purposes of such coordination mechanisms, Member States may determine information to be made directly accessible to the Member States, Eurojust and Europol for joint operational analysis in specific investigations or crime area, without prejudice to any restrictions indicated by the Member States and subject to the rules and safeguards for personal data processing set out in this Regulation.

6.In the context of cross-border criminal investigations supported by Eurojust, Eurojust may, with the agreement of the competent national authorities, request Europol to provide support, in particular by: 

(a)providing relevant information, analyses, expertise and operational support; 

(b)carrying out operational analysis on the basis of investigative data supplied by Eurojust, the Member States or other competent authorities; 

(c)cross-checking information against its databases and exchanging information as provided for in Article 55

7.This Article shall not affect any restriction of access or use, whether in general or specific terms, indicated by a Member State, a Union body, office or agency, a third country or an international organisation in relation to information that it has provided, which Europol shall respect. 

8.Eurojust shall cooperate with Europol, within their respective mandates, in supporting the competent authorities of the Member States in the context of digital investigations and access to data, and in particular act as a knowledge hub for advising, assisting and providing capacity building on the cross-border access to e-evidence.

Article 58

Relations with the EPPO

1.Eurojust shall establish and maintain a close relationship with the EPPO based on mutual cooperation within their respective mandates and competences. The President of Eurojust and the European Chief Prosecutor shall meet on a regular basis to discuss issues of common interest. They shall meet at the request of the President of Eurojust or of the European Chief Prosecutor.

2.Eurojust and the EPPO shall cooperate closely and shall, to the extent necessary for the performance of their tasks and within their respective mandates, exchange information in a timely and efficient manner, in accordance with Article 55.

3.Eurojust shall assist the EPPO, in particular in cases where investigative measures or other forms of cooperation are required in  Member States which do not participate in enhanced cooperation on the establishment of the EPPO or third countries or requiring coordination between investigations conducted by the EPPO and those conducted by competent authorities of the Member States which do not participate in the EPPO. To that end, upon request of the EPPO, or the competent national authorities of the Member States, Eurojust shall support the EPPO in the performance of its tasks, including by:

(a)facilitating the setting up and operation of joint investigation teams;

(b)organising coordination meetings and centres;

(c)facilitating judicial cooperation with Member States which do not participate in enhanced cooperation on the establishment of the EPPO or third countries.

4.Eurojust shall treat requests for support from the EPPO without undue delay and, where appropriate, as if they had been submitted by a national authority competent for judicial cooperation in criminal matters.

5.The support provided pursuant to paragraph 3 shall not affect the independence of the EPPO in the conduct of investigations and prosecutions.

6.In operational matters falling within the competence of the EPPO, Eurojust shall inform the EPPO of, and, where appropriate, associate it with, its activities relating to cross-border cases, including by

(a)sharing relevant information on its cases, including personal data, in accordance with this Regulation; or 

(b)requesting the EPPO to provide support.

7.In accordance with Article 24(1) of Regulation (EU) 2017/1939, Eurojust shall, without undue delay, report to the EPPO any criminal conduct in respect of which the EPPO could exercise its competence in accordance with Regulation (EU) 2017/1939.

8.When Eurojust receives information from the EPPO on forms of crime falling outside the scope of the EPPO’s competence and within Eurojust’s mandate, Eurojust shall examine the information received and take any appropriate action within its mandate. 

9.For the purposes of cooperation under this Article, the EPPO shall second a liaison officer to Eurojust. The liaison officer shall be granted access to the case management system for the purpose of the secure exchange of data relevant to the performance of their functions, including, where appropriate, the opening, registration and management of cases falling within the scope of cooperation between Eurojust and the EPPO under this Article. Eurojust shall remain liable for the processing of personal data by the liaison officer in the case management system.

10.Representatives of the EPPO, including its liaison officer, shall be invited to participate in meetings of the College of Eurojust where matters of common interest are discussed.

11.The practical arrangements for the implementation of this Article shall be laid down in a working arrangement between Eurojust and the EPPO, which shall be subject to regular review.

Article 59

Relations with other Union bodies, offices and agencies

1.Eurojust shall establish and maintain cooperative relations with the Union bodies, offices and agencies referred to in this Article, to the extent necessary for the achievement of its objectives and the performance of its tasks under this Regulation, within their respective mandates and in full compliance with the applicable data protection rules.

2.Eurojust shall establish and maintain cooperative relations with OLAF with a view to facilitating OLAF's contribution shall contribute to Eurojust's coordination work regarding the protection of the financial interests of the Union, in accordance with its mandate under Regulation (EU, Euratom) No 883/2013. To that end:

(a)for the purposes of receiving and transmitting information between Eurojust and OLAF, and without affecting Article 8 of this Regulation, Member States shall ensure that the National Members of Eurojust are regarded as competent authorities of the Member States solely for the purposes of Regulation (EU, Euratom) No 883/2013;

(b)the exchange of information between OLAF and the National Members shall be without prejudice to not affect any obligations to provide such information to other competent authorities under Regulation (EU, Euratom) No 883/2013 or any other applicable Union or national law;

3.Eurojust shall establish and maintain cooperative relations with the European Border and Coast Guard Agency (Frontex), governed by Regulation (EU) 2019/1896 of the European Parliament and of the Council 54 ,with a view to facilitating Frontex contribution to Eurojust's work, including by transmitting relevant information processed in accordance with its mandate, in particular as regards criminal activities falling within Eurojust's competence under Article 6 of this Regulation. The practical modalities of cooperation between Eurojust and Frontex shall be set out in a working arrangement concluded in accordance with Article 58(3) of this Regulation.

4.Eurojust shall establish and maintain cooperative relations with AMLA, and shall conclude a working arrangement with AMLA setting out the details of their cooperation in accordance with Article 54(3) of this Regulation. To that end: 

(a)Member States shall ensure that the National Members of Eurojust are regarded as relevant national authorities for the purposes of Article 27(8) of Regulation (EU) 2024/1620, in order to facilitate the exchange of information between AMLA and Eurojust in cases falling within Eurojust's competence;

(b)the exchange of information between AMLA and the National Members shall not affect any obligations to provide such information to other competent authorities under Regulation (EU) 2024/1620 or any other applicable Union or national law;

5.Eurojust shall establish and maintain cooperative relations with the EU Customs Authority, once established, and shall conclude a working arrangement setting out the modalities of their cooperation in accordance with Article 54(3) of this Regulation, with a view to facilitating judicial cooperation in criminal matters involving customs offences and other crimes affecting the Union's financial and economic interests.

SECTION III

International cooperation

Article 60

Relations with the authorities of third countries and international organisations

1.Eurojust may establish and maintain cooperation with authorities of third countries and international organisations, including by concluding working arrangements as referred to Article 54 (3).

2.Eurojust shall, after prior consultation with the Commission, adopt a cooperation strategy every four years on strengthening judicial cooperation with third countries and international organisations, including with a view to concluding working arrangements referred to in paragraph (1) and to posting contact points at Eurojust as referred to in Article 63. Such strategy shall be implemented in cooperation with the Commission. 

Article 61

Liaison officers posted to third countries

1.For the purpose of facilitating judicial cooperation of Member States with third countries, Eurojust may post liaison officers to a third country subject to the existence of a working arrangement as referred to in Article 54(3) with the competent authorities of that third country.

2.The liaison officer shall be a member of Eurojust staff and shall have adequate expertise in judicial cooperation.

3.The tasks of the liaison officers shall include any activity designed to encourage and accelerate judicial cooperation in criminal matters, in particular by establishing direct contacts with the competent authorities of the third country. National Members may authorise the liaison officers, under their supervision and responsibility, to exchange operational personal data involving their Member State directly with the competent authorities of the third country.

4.The competent authorities of the Member States and liaison officers referred to in paragraph 1 may contact each other directly. In such cases, the liaison officer shall inform the National Member concerned of such contacts.

5.The liaison officers shall report to the College on a regular basis. The liaison officer shall inform National Members and competent national authorities of all cases concerning their Member State.

6.The liaison officers shall have access to the case management system and their operational exchanges with third countries shall be recorded therein.

Article 62

Liaison prosecutors posted at Eurojust

1.A liaison prosecutor from a third country or from an international organisation may be seconded to Eurojust where: 

(a)a cooperation agreement concluded before 12 December 2019 between Eurojust and that third country;

(b)an international agreement concluded between the Union and that third country or international organisation pursuant to Article 218 TFEU; or 

(c)an adequacy decision adopted by the Commission in accordance with Article 36 of Directive (EU) 2016/680.

2.The rights and obligations of the liaison prosecutor shall be set out in the cooperation agreement or in the international agreement referred to in paragraph 1 and may be supplemented by a working arrangement as referred to in Article 54(3).  

3.Liaison prosecutors seconded to Eurojust shall be granted access to the case management system for the secure exchange of data relevant for the performance of their functions, including, where appropriate, the opening, registration and management of cases. Eurojust shall remain liable for the processing of personal data by liaison prosecutors in the case management system.  

4.Transfers of operational personal data to liaison prosecutors through the case management system shall take place only in compliance with this Regulation and Regulation (EU) 2018/1725.  

5.As regards the management of the data by liaison prosecutors and access to information, Article 42 paragraphs 1 and 2, shall apply mutatis mutandis.

6.The College shall lay down the detailed conditions governing the access of liaison prosecutors to the case management system.  

Article 63

Contact points posted at Eurojust

1.Eurojust may, on the basis of a working arrangement concluded in accordance with Article 54(3), cooperate with contact points designated by the competent authorities of a third country and hosted at Eurojust for that purpose.

2.Contact points posted at Eurojust may: 

(a)expedite, coordinate or facilitate the execution of requests for judicial cooperation in criminal matters; 

(b)support communication and coordination between Eurojust, the Member States and the competent authorities of the third country; 

(c)provide information on the national law and procedures of the third country relevant to judicial cooperation; 

(d)facilitate the participation of the competent authorities of the third country in coordination meetings, coordination centres and judicial coordination platforms organised by Eurojust, as well as in joint investigation teams supported by Eurojust; and 

(e)submit requests to Eurojust for assistance in relation to the matters referred to in points (a) to (d). 

3.Contact points posted at Eurojust shall be designated by the competent authority of the third country from among officials of prosecution services, central authorities or equivalent services of ministries of justice with competence in judicial cooperation in criminal matters. 

4.The practical modalities of cooperation with contact points posted at Eurojust shall be laid down in the working arrangement referred to in paragraph 1. 

5.Contact points posted at Eurojust shall be granted access to the case management system for the purpose of the secure exchange of data. Such access shall be limited to data relevant to the performance of their functions as set out in paragraph 2, including, where appropriate, the opening, registration and management of cases. Any exchange of operational personal data shall take place exclusively in accordance with Regulation (EU) 2018/1725 and in compliance with Article 54(3). 

6.Eurojust shall remain liable for the processing of personal data by contact points posted at Eurojust in the case management system. 

7.Article 42, paragraphs 1 and 2 shall apply mutatis mutandis to contact points hosted at Eurojust. 

8.The College shall lay down the detailed conditions governing the access of contact points hosted at Eurojust to the case management system and to other Eurojust services. 

Article 64

Contact points in third countries and international organisations

1.Eurojust may cooperate with contact points designated by the competent authorities of a third country or of an international organisation and based in that third country or international organisation. 

2.Through its contact points in third countries and international organisations, Eurojust shall seek to support and facilitate cooperation with the competent authorities of the third country or international organisation concerned, in particular in cases involving serious crime with a cross-border dimension. When acting pursuant to this paragraph, those contact points may perform the functions referred to in Article 63(2) as laid down in the in the working arrangement concluded in accordance with Article 54(3).

3.For the purposes of this Article, Eurojust shall seek to ensure that its contact points in third countries and international organisations are designated from among officials of prosecution services, central authorities or equivalent services of ministries of justice with competence in judicial cooperation in criminal matters.

4.Contact points in third countries and international organisations shall not have access to the case management system or to operational personal data held by Eurojust. 

5.Without affecting paragraph 4, any exchange of operational personal data with the third country or international organisation concerned shall be carried out by Eurojust in accordance with Regulation (EU) 2018/1725. Such operational personal data may only be entered into the case management system by authorised Eurojust staff. 

CHAPTER VI

ESTABLISHMENT AND STRUCTURE OF THE BUDGET

Article 65

Establishment of the budget

1.Each year, the Administrative Director shall draw up a draft statement of estimates of Eurojust’s revenue and expenditure for the following financial year, including the establishment plan, and shall submit it to the Executive Board. The European Judicial Network and, where appropriate, other Union networks involved in judicial cooperation in criminal matters referred to in Article 56 shall be informed of the parts related to their activities in due time before the estimate is forwarded to the Commission.

2.The Executive Board shall, on the basis of that draft, examine the provisional draft estimate of Eurojust’s revenue and expenditure for the following financial year and shall forward it to the Management Board.

3.The draft estimate of Eurojust’s revenue and expenditure, as approved by the Management Board, shall be sent to the Commission by 31 January of each year.

4.The Commission shall transmit the statement of estimates to the budgetary authority together with the draft general budget of the Union.

5.On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the Union the estimates it considers necessary for the establishment plan, which it shall submit to the budgetary authority in accordance with Articles 313 and 314 TFEU.

6.The budgetary authority shall authorise the appropriations for the contribution to Eurojust. 

7.The budgetary authority shall adopt Eurojust’s establishment plan.

8.Eurojust's budget shall be adopted by the Management Board. It shall become definitive following the final adoption of the general budget of the Union. Where necessary, it shall be adjusted by the Management Board accordingly.

Article 66

Structure of the budget

1.Estimates of all revenue and expenditure of Eurojust shall be prepared for each financial year and shall be shown in Eurojust’s budget. The financial year shall correspond to the calendar year.

2.Eurojust’s budget shall be balanced in terms of revenue and expenditure.

3.Without affecting other resources, Eurojust’s revenue shall comprise the following:

(a)a contribution from the Union entered in the general budget of the Union;

(b)any voluntary financial contributions from the Member States;

(c)any contributions from third countries participating in the work of the Eurojust;

(d)Union funding in the form of contribution agreements or ad hoc grants, in accordance with Eurojust’s financial rules referred to in Article 69 and the provisions of the relevant Union instruments supporting its policies, taking into account the exceptional nature of such agreements;

(e)charges for publications and for any services provided by Eurojust.

4.The expenditure of Eurojust shall include staff remuneration, administrative and infrastructure expenditure and operational expenditure.

Article 67

Implementation of the budget

1.The Administrative Director shall act as the authorising officer and shall implement Eurojust’s budget in compliance with the principles of economy, efficiency and effectiveness, and in accordance with the principle of sound financial management.

2.Each year the Administrative Director shall submit to the budgetary authority all information relevant to the results of evaluation procedures.

Article 68

Presentation of accounts and discharge

1.Eurojust's accounting officer shall send the provisional accounts for the financial year (year N) to the Commission's Accounting Officer and to the Court of Auditors by 1 March of the following financial year (year N + 1).

2.Eurojust shall send the report on the budgetary and financial management for year N to the European Parliament, the Council, the Commission and the Court of Auditors by 31 March of year N + 1.

3.The Commission's Accounting Officer shall send Eurojust's provisional accounts for year N, consolidated with the Commission's accounts, to the Court of Auditors by 31 March of year N + 1.

4.In accordance with Article 246(1) of Regulation (EU, Euratom) 2024/2509, the Court of Auditors shall make its observations on Eurojust's provisional accounts by 1 June of year N + 1.

5.On receipt of the Court of Auditors' observations on Eurojust's provisional accounts pursuant to Article 246 of Regulation (EU, Euratom) 2024/2509, the Administrative Director shall draw up Eurojust's final accounts under their own responsibility and shall submit them to the Executive Board for an opinion.

6.The Executive Board shall deliver an opinion on Eurojust's final accounts for year N and forward those accounts together with its opinion to the Management Board for adoption.

7.The Management Board shall deliver its opinion on Eurojust's final accounts for year N.

8.The Administrative Director shall, by 1 July of year N + 1, send the final accounts for year N to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Executive Board's opinion and the Management Board's opinion.

9.A link to the pages of the website containing the final accounts of Eurojust shall be published in the Official Journal of the European Union by 15 November of year N + 1.

10.The Administrative Director shall send the Court of Auditors a reply to its observations by 30 September of year N + 1. The Administrative Director shall also send this reply to the Executive Board, the Management Board and the Commission.

11.At the European Parliament's request, the Administrative Director shall submit to it any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 261(3) of Regulation (EU, Euratom) 2024/2509.

12.On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, grant a discharge to the Administrative Director in respect of the implementation of the budget for year N.

13.The discharge of Eurojust's budget shall be granted by the European Parliament on a recommendation of the Council following a procedure comparable to that provided for in Article 319 TFEU and Articles 260, 261 and 262 of Regulation (EU, Euratom) 2024/2509, and based on the audit report of the Court of Auditors.

14.If the European Parliament refuses to grant the discharge by 15 May of year N + 2, the Administrative Director shall be invited to explain their position to the Management Board, which shall take its final decision on the matter. The Management Board may, where appropriate, take any necessary measures, including measures relating to the Administrative Director's mandate, in accordance with this Regulation.

Article 69

Financial Rules

1.The financial rules applicable to Eurojust shall be adopted by the Management Board after consulting the Commission. They shall not depart from Delegated Regulation (EU) 2019/715 55 unless such a departure is specifically required for Eurojust’s operation and the Commission has given its prior consent.

2.Eurojust shall establish and implement its budget in accordance with its financial rules and the Regulation (EU, Euratom)2024/2509.

3.In respect of the financial support to be provided to joint investigation teams’ activities, Eurojust and Europol shall jointly establish the rules and conditions upon which applications for such support are to be processed.

4.Eurojust may award grants related to the fulfilment of its tasks under Article 4(1). Grants provided for tasks relating to Article 4(1), point (d), may be awarded to the Member States without a call for proposals.

Article 70

Preventing and combating fraud and irregularities

1.In order to combat fraud, corruption and any other illegal activity the provisions of Regulation (EU, Euratom) No 883/2013, shall apply without restriction.

2.The Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Eurojust.

3.OLAF may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union or serious matters relating to the discharge of professional duties constituting a dereliction of the obligations of officials and other servants of the Union liable to result in disciplinary or, as the case may be, criminal proceedings, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96.

4.Without affecting paragraphs 1, 2, and 3, working arrangements with authorities of third countries and international organisations, contracts, grant agreements and grant decisions of Eurojust shall contain provisions expressly empowering the Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

5.The staff of Eurojust, the Administrative Director and the members of the College and Executive Board shall, without delay and without their responsibility being called into question as a result, notify OLAF and the EPPO of any suspicion of irregular or illegal activity within their respective mandate which has come to their attention in the fulfilment of their duties.

CHAPTER VII

STAFF

Article 71

General provisions

1.Eurojust shall employ staff necessary for the performance of its tasks and the functioning of its services.

2.The staff shall be placed under the authority of the Administrative Director and shall act in accordance with their instructions, without affecting the powers conferred on other bodies of Eurojust under this Regulation.

3.The Administrative Director shall be responsible for the management of the staff in accordance with the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union, which, together with the rules adopted by agreement between the institutions of the Union for giving effect thereto, shall apply to the staff of Eurojust. Where the Management Board so decides pursuant to Article 10(2), the Administrative Director shall also exercise the powers of the appointing authority in respect of the staff of Eurojust, including recruitment, supervision, evaluation and the exercise of disciplinary authority.

4.The staff shall support Eurojust in carrying out its operational and administrative functions, in particular:

(a)supporting National Desks and competent national authorities with cross-border investigations and prosecutions;

(b)case management and operational analysis;

(c)human resources management;

(d)budgetary and financial administration;

(e)information technology and data management;

(f)strategic, legal and policy support;

(g)security and facility management;

(h)communication and knowledge management;

(i)external relations and institutional matters.

5.For the purposes of this Regulation, “authorised Eurojust staff” means members of staff designated by the Administrative Director to perform specific operational, administrative or technical tasks, including tasks involving access to operational personal data and to the case management system.

6.When exercising operational functions, authorised Eurojust staff shall act under the authority of the Administrative Director and, where appropriate, under the supervision of the National Members or the College in accordance with this Regulation and the applicable internal rules.

7.The staff shall provide expertise on fundamental rights matters and, where deemed necessary or where requested, shall advise on any activity of Eurojust from a fundamental rights perspective, without impeding or delaying those activities. In that context, they may issue non-binding opinions on relevant documents or measures. They shall contribute to ensuring respect for fundamental rights within Eurojust in the performance of its tasks and activities.

Article 72

Seconded national experts and other staff

Eurojust may make use of seconded national experts and other staff not employed by Eurojust. The provisions of Article 71 shall not apply to the persons referred to in this Article.

CHAPTER VIII

EVALUATION AND REPORTING

Article 73

Involvement of the Union institutions and national parliaments

1.Eurojust shall transmit its consolidated annual report to the European Parliament, to the Council and to national parliaments, which may present observations and conclusions. The annual report shall be transmitted by 1 May of each year. The Commission shall adopt implementing acts establishing reporting indicators to ensure a uniform approach to the collection and presentation of information by Eurojust in respect of crimes affecting the financial interests of the Union.

2.Upon their election, the newly elected President of Eurojust shall address the competent committee or committees of the European Parliament and answer questions put by its members. Discussions shall not refer directly or indirectly to concrete actions taken in relation to specific operational cases.

3.The President of Eurojust shall appear once a year for the joint evaluation of the activities of Eurojust by the European Parliament and national parliaments within the framework of an interparliamentary committee meeting, to discuss Eurojust's current activities and to present its consolidated annual report or other key documents of Eurojust. Discussions shall not refer directly or indirectly to concrete actions taken in relation to specific operational cases.

4.In addition to the other obligations of information and consultation set out in this Regulation, Eurojust shall transmit to the European Parliament and to national parliaments in their respective official languages for their information:

(a)the results of studies and strategic projects elaborated or commissioned by Eurojust;

(b)the programming document referred to in Article 12;

(c)working arrangements concluded with third parties.

Article 74

Evaluation

1.Not later than five years after the entry into force of this Regulation, and every five years thereafter, the Commission shall commission an evaluation of Eurojust's performance in relation to its objectives, tasks, governance and location in accordance with Commission's guidelines. The Management Board shall be heard in the evaluation.

2.The evaluation shall, in particular, address the possible need to modify the mandate of Eurojust, and the financial implications of any such modification.

3.On the occasion of every second evaluation, there shall be an assessment of the results achieved by Eurojust having regard to its objectives, mandate, governance and tasks, including an assessment of whether the continuation of Eurojust is still justified with regard to those objectives, mandate, governance and tasks.

4.The Commission shall report to the European Parliament, the Council and the Management Board on the evaluation findings. The findings of the evaluation shall be made public.

CHAPTER IX

GENERAL AND FINAL PROVISIONS

Article 75

Privileges and immunities

Protocol No 7 on the Privileges and Immunities of the European Union annexed to the Treaty on European Union and to the on the Functioning of the European Union shall apply to Eurojust and its staff 56 .

Article 76

Language arrangements

1.The provisions laid down in Council Regulation No 1 57  shall apply to Eurojust.

2.The Management Board shall decide Eurojust's internal language arrangements by a two-thirds majority of its members.

3.Translation and all other linguistic services required by Eurojust, other than interpretation, shall be provided by the Translation Centre for the Bodies of the European Union, as established by Council Regulation (EC) No 2965/94 58 .

Article 77

Confidentiality

1.The National Members and their Deputies and Assistants, Eurojust staff, national correspondents, seconded national experts, liaison officers, the Data Protection Officer, and the members and staff of the EDPS shall be bound by an obligation of confidentiality with respect to any information which has come to their knowledge in the course of the performance of their tasks.

2.The obligation of confidentiality shall apply to all persons and to all bodies that work with Eurojust.

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

4.The obligation of confidentiality shall apply to all information received or exchanged by Eurojust, unless that information has already lawfully been made public or is accessible to the public.

Article 78

Conditions of confidentiality of national proceedings

1.Without affecting Article 36(3), where information is received or exchanged via Eurojust, the authority of the Member State which provided the information may stipulate conditions, pursuant to its national law, on the use by the receiving authority of that information in national proceedings.

2.The authority of the Member State which receives the information referred to in paragraph 1 shall be bound by those conditions.

Article 79

Transparency and communication

1.Regulation (EC) No 1049/2001 of the European Parliament and of the Council 59  shall apply to documents held by Eurojust. The Management Board shall, within six months of the date of its first meeting, adopt the detailed rules for applying Regulation (EC) No 1049/2001.

2.Decisions taken by Eurojust under Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the European Ombudsman or of an action before the Court, under the conditions laid down in Articles 228 and 263 TFEU respectively.

3.Eurojust shall publish on its website a list of the Executive Board members and summaries of the outcome of the meetings of the Executive Board. The publication of those summaries shall be temporarily or permanently omitted or restricted if such publication would risk jeopardising the performance of Eurojust’s tasks, taking into account its obligations of discretion and confidentiality and the operational character of Eurojust.

4.The Management Board shall, within six months of the date of its first meeting, establish measures for the application of Regulation (EU) 2018/1725 by Eurojust, including those concerning the appointment of a Data Protection Office. Those measures shall be established after consultation of the EDPS.

5.Eurojust may engage in communication activities on its own initiative within its field of competence. The allocation of resources to communication activities shall not be detrimental to the effective exercise of the tasks of Eurojust. Communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the Management Board.

Article 80

Security rules on the protection of classified and sensitive non-classified information

1.Eurojust shall adopt security rules that shall be based on the principles and rules laid down in the Commission's security rules for protecting European Union classified information (EUCI) and sensitive non-classified information including, inter alia, provisions for the exchange of such information with third countries, and processing and storage of such information as set out in Commission Decisions (EU, Euratom) 2015/443 60 and (EU, Euratom) 2015/444 61 . Any administrative arrangement on the exchange of EUCI with the relevant authorities of a third country or, in the absence of such an arrangement, any exceptional ad hoc release of EUCI to those authorities, shall be subject to the Commission's prior approval.

2.The management board shall adopt Eurojust's security rules following approval by the Commission. When assessing the proposed security rules, the Commission shall ensure that they are compatible with Decisions (EU, Euratom) 2015/443 and (EU, Euratom) 2015/444.

Article 81

Administrative inquiries

The administrative activities of Eurojust shall be subject to the inquiries of the European Ombudsman in accordance with Article 228 TFEU.

Article 82

Liability

1.Eurojust's contractual liability shall be governed by the law applicable to the contract in question. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by Eurojust.

2.In the case of non-contractual liability, Eurojust shall, in accordance with the general principles common to the laws of the Member States and independently of any liability under Article 44, make good any damage caused by its departments or by its staff in the performance of their duties.

3.The Court of Justice of the European Union shall have jurisdiction in disputes over compensation for damages referred to in paragraph 2. The national courts of the Member States competent to deal with disputes involving Eurojust's liability as referred to in this Article shall be determined by reference to Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

4.Paragraph 2 shall also apply to damage caused through the fault of a National Member, a Deputy or an Assistant in the performance of their duties. However, where a National Member, a Deputy or an Assistant causes damage while acting on the basis of the powers granted to him or her pursuant to Article 18 of this Regulation, their Member State shall reimburse Eurojust the sums which Eurojust has paid to make good such damage.

5.Each Member State shall be liable, in accordance with its national law, for any damage caused to an individual resulting from the unauthorised or incorrect processing by that Member State of data communicated to Eurojust.

6.The personal liability of staff towards Eurojust shall be governed by the provisions laid down in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union applicable to them.

7.The financial liability of the Union and the Member States for the debts of Eurojust shall be limited to their contributions already made for the administrative costs.

Article 83

Headquarters Agreement and operating conditions

The necessary arrangements concerning the accommodation to be provided for Eurojust in the Netherlands and the facilities to be made available by the Netherlands together with the specific rules applicable in the Netherlands to the members of the Management Board, the members of the Executive Board, the National Members, Deputies and Assistants, the Administrative Director, Eurojust staff, liaison prosecutors seconded to Eurojust, contact points hosted at Eurojust, and members of their families, as well as to any other persons whose presence at or association with Eurojust is necessary for the performance of its tasks, shall be laid down in a Headquarters Agreement between Eurojust and the Netherlands.

Article 84

Committee Procedure

1.The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council 62 .

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3.Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

Article 85

Repeal

1.Regulation (EU) 2018/1727 is repealed with effect from the date of application of this Regulation.

2.References to Regulation (EU) 2018/1727 shall be construed as references to this Regulation.

Article 86

Transitional provisions

1.Eurojust as established by this Regulation shall be the legal successor of Eurojust as established by Regulation (EU) 2018/1727.

2.The National Members seconded by the Member States under Regulation (EU) 2018/1727 shall take the role of National Members under this Regulation and shall continue to exercise their functions until the end of their respective terms of office as determined under Regulation (EU) 2018/1727. Their terms of office may be extended once under this Regulation, provided that the overall duration of their mandate, including any period served under Regulation (EU) 2018/1727, does not exceed ten years. Where the status or powers of National Members are not in compliance with this Regulation, the Member States concerned shall take the necessary measures to ensure such compliance without undue delay after [the date of entry into force of this Regulation].

3.The President and Vice-President of Eurojust elected under Regulation (EU) 2018/1727 shall take the role of President and Vice-President under this Regulation and shall continue to exercise their functions until the end of their respective terms of office as determined under Regulation (EU) 2018/1727. They may be re-elected once under this Regulation, provided that the overall duration of their mandate, including any period served under Regulation (EU) 2018/1727, does not exceed eight years.

4.The Administrative Director last appointed under Regulation (EU) 2018/1727 shall take the role of Administrative Director under this Regulation and shall continue to exercise their functions until the end of their term of office as determined under Regulation (EU) 2018/1727. The term of office of that Administrative Director may be extended once under this Regulation, provided that the overall duration of their term of office, including any period served under Regulation (EU) 2018/1727, does not exceed ten years.

5.The College and the Executive Board established under Regulation (EU) 2018/1727 shall continue to exercise their functions under this Regulation until the Management Board established under this Regulation holds its first meeting. The Management Board shall hold its first meeting without undue delay after [the date of entry into force of this Regulation]. The Administrative Director shall take the necessary measures to ensure the establishment of the Management Board in accordance with this Regulation. Until the Management Board is operational, the College shall exercise, on a transitional basis, those management and strategic functions assigned to the Management Board under this Regulation that are strictly necessary to ensure the continuity of Eurojust's operations, in particular the adoption of the budget and the single programming document.

6.Staff employed under Regulation (EU) 2018/1727 shall continue in service under this Regulation. All rights and obligations of staff, including those arising from employment contracts concluded under Regulation (EU) 2018/1727, shall be maintained.

7.The Data Protection Officer last appointed under Regulation (EU) 2018/1727 shall take the role of Data Protection Officer under this Regulation and shall continue to exercise their functions until the end of their term of office as determined under Regulation (EU) 2018/1727. The term of office of that Data Protection Officer may be renewed once under this Regulation, provided that the overall duration of their term of office, including any period served under Regulation (EU) 2018/1727, does not exceed eight years

8.This Regulation shall not affect the validity of cooperation agreements and working arrangements concluded by Eurojust under Decision 2002/187/JHA or Regulation (EU) 2018/1727. Such cooperation agreements and working arrangements shall remain in force and shall be applied until they expire, or are amended or replaced.

9.Decisions adopted by the College, the Executive Board and the Administrative Director, as well as implementing measures and internal rules adopted under Regulation (EU) 2018/1727, shall remain in force under this Regulation unless otherwise decided by the Management Board in the application of this Regulation.

10.Budgetary commitments, financial operations and contractual obligations entered into under Regulation (EU) 2018/1727 shall remain valid and shall continue to be executed in accordance with this Regulation. Financial support provided to joint investigation teams under Regulation (EU) 2018/1727 shall continue to be administered in accordance with this Regulation. The discharge procedure in respect of budgets approved on the basis of Regulation (EU) 2018/1727 shall be carried out in accordance with the rules established by that Regulation.

11.The first single programming document adopted under this Regulation shall cover the period beginning on [date]. Until that document becomes definitive, the single programming document adopted under Regulation (EU) 2018/1727 for the relevant period shall continue to apply.

12.Transfers of personal data to third countries or international organisations carried out before the date of application of this Regulation shall remain valid, provided that they comply with Union law as applicable prior to that date. Where ongoing transfers were based on provisions of Regulation (EU) 2018/1727 that differ from those of Regulation 2018/1725, such transfers shall be brought into compliance with Regulation 2018/1725 within [X months] of its date of application

13.The Headquarters Agreement concluded between Eurojust and the Kingdom of the Netherlands under Council Decision 2002/187/JHA of 28 February 2002 63  shall remain in force. Where necessary, Eurojust and the Kingdom of the Netherlands shall adapt that Agreement to bring it into compliance with this Regulation within [X months] of its date of application.

Article 87

Entry into force

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

It shall apply from [...].

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

Done at Brussels,

LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT- AGENCIES

Contents

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned

1.3.Objective(s)

1.3.1.General objective(s)

1.3.2.Specific objective(s)

1.3.3.Expected result(s) and impact

1.3.4.Indicators of performance

1.4.The proposal/initiative relates to: