Criminal Co-op Institutions

European Union Agency for Law Enforcement Cooperation (Europol)

Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol)

It sets up the rules for Europol, including a system by which the European Parliament, together with national parliaments, can politically monitor Europol’s activities. In addition, it adapts Europol’s external relations to the rules of the Lisbon Treaty.
The regulation aligns the current Council decision on Europol with the rules of the Lisbon Treaty.

Objectives

Europol’s objectives are to support and strengthen:

action by authorities in the European Union (EU) countries;
mutual cooperation amongst EU countries in preventing and combating terrorism, serious crime affecting two or more EU countries and forms of crime which affect a common interest covered by EU policy.

Tasks

The regulation sets out a number of specific tasks in order to meet those objectives including:

collecting, storing, processing, analysing and exchanging information including criminal intelligence;
notifying EU countries, via Europol national units, without delay, of any information and connection between criminal offences concerning them;
coordinating, organising and implementing investigative and operational actions to support and strengthen actions by EU countries’ authorities;
preparing threat assessments, strategic and operational analyses and general situation reports;
participating in joint investigation teams;
developing EU centres of specialised expertise for combating certain types of crime, for example the European Cybercrime Centre;
supporting EU countries in combating crime enabled, promoted or committed using the internet.

Scrutiny

Europol’s powers are accompanied by data protection safeguards and parliamentary scrutiny:

The European Data Protection Supervisor monitors Europol’s processing of personal data and there will be a clear procedure for citizens to address requests under EU law.
Europol’s work is overseen by a Joint Parliamentary Scrutiny Group, with members from both national parliaments and the European Parliament.

DOCUMENT

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp. 53-114)

It applies from 1 May 2017 except for Articles 71 (legal agreements and contracts concluded under Decision 2009/371), 72 (transitional arrangements concerning the management board) and 73 (transitional arrangements concerning staff) which apply from 13 June 2016.

Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, pp. 1-3)

Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, pp. 37-66)

Eurojust (reform)

Regulation (EU) 2018/1727 — the European Union Agency for Criminal Justice Cooperation (Eurojust) — replacing and repealing Council Decision 2002/187/JHA

It aims to tackle serious cross-border crime more efficiently by changing the structure of Eurojust and enabling the College of Eurojust to concentrate more on operational matters.
It also takes into account the establishment of the European Public Prosecutor’s Office (EPPO) and new rules for data protection in the European institutions and agencies. It also makes determining arrangements for involving the European Parliament and national parliaments in the evaluation of Eurojust’s activities.
It replaces and repeals Council Decision 2002/187/JHA.

Role of Eurojust

Based on operations conducted and information supplied by the EU countries’ authorities and by Europol, the EPPO and OLAF, supporting and strengthening coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime which Eurojust is competent to deal with (see below), where that crime:
affects 2 or more EU countries; or
requires prosecution on common bases.
Carrying out its tasks at the request of the competent authorities of the EU countries, on its own initiative or at the request of the EPPO within the limits of the EPPO’s competence.

Eurojust’s operational tasks include:

cooperating closely with the EPPO on issues of competence;
cooperating and consulting with the European Judicial Network in criminal matters;
cooperating with EU institutions, bodies, offices and agencies, as well as networks established in the area of freedom, security and justice;
supporting EU countries’ action in combating forms of serious crime for which it is competent (e.g. terrorism; money laundering activities; trafficking in human beings; organ trafficking; drug and firearms trafficking);
providing operational, technical and financial support to EU countries’ cross-border operations and investigations, including to joint investigation teams.

Competence

Annex 1 of the Regulation sets out the forms of serious crime which Eurojust is competent to deal with in accordance with Article 3(1) of the Regulation.
When the EPPO assumes its investigative and prosecutorial tasks, Eurojust will not exercise its competence for crimes for which the EPPO exercises its competence, except:
in cases involving EU countries not participating in enhanced cooperation on the establishment of the EPPO; and
at the request of those EU countries or at the request of the EPPO.

Eurojust will exercise its competence for crimes affecting the financial interests of the EU in cases involving EU countries which participate in enhanced cooperation on the establishment of the EPPO, but for which the EPPO is not competent or decides not to exercise its competence.
Eurojust will establish and maintain a close relationship with the EPPO based on mutual cooperation within their respective mandates.

Structure and organisation

Eurojust comprises:
the national members;
the College — consisting of all national members, plus 1 representative of the European Commission when the College is only carrying out its management functions, and not its operational functions;
the Executive Board;
the Administrative Director.
The terms of office of the national members and their deputies is 5 years, renewable once.
The Commission is represented on both the College and Executive Board.
The Executive Board is responsible for taking administrative decisions to ensure the proper functioning of Eurojust.

Processing of personal data

The updated rules take into account the new data protection rules for EU institutions and agencies.
EU countries are responsible for the accuracy of the data they transfer to Eurojust, for keeping those data up to date and for the legality of transmitting those data to Eurojust.
Eurojust is responsible for the accuracy of data provided by other data suppliers or resulting from its own analyses or data collection and for keeping those data up to date.
Eurojust should ensure that data are processed fairly and lawfully, and are collected and processed for a specific purpose.
A data subject must have the right of access to operational personal data about him or her which are processed by Eurojust.
Democratic control

To increase the transparency and democratic oversight of Eurojust, its activities will be jointly evaluated by the European Parliament and national parliaments.

It applies from 12 December 2019.

DOCUMENTS

Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, pp. 138-183)

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, pp. 39-98)

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1-71)

Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 138, 4.6.2009, pp. 14-32)

Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, 6.3.2002, pp. 1-13)

Successive amendments to Decision 2002/187/JHA have been incorporated in the basic text. This consolidated version is of documentary value only.

The establishment of the European Public Prosecutor’s Office

Regulation (EU) 2017/1939 – implementing enhanced cooperation on the establishment of the the European Public Prosecutor’s Office (‘the EPPO’)

It establishes an independent and decentralised prosecution office of the European Union with the competence to investigate, prosecute and bring to judgment crimes against the Union’s financial interests.
It establishes a system of shared competences between the EPPO and national authorities in tackling such cases.

Participating countries

The regulation establishing the EPPO under enhanced cooperation applies to the 22 participating EU countries: Belgium, Bulgaria, Czech Republic, Germany, Estonia, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Portugal, Romania, Slovenia, Slovakia and Finland.

Other EU countries can join at any time.

Scope

The EPPO is an independent and decentralised prosecution office of the EU with the power to investigate, prosecute and bring to justice (through national courts) crimes against the EU budget, such as fraud (over €10,000), corruption or cross-border VAT fraud above €10 million.
Existing EU bodies, such as OLAF (the European Anti-Fraud Office), Eurojust (the European Agency for criminal justice cooperation) and Europol (the European Police Office) lack the powers to conduct criminal investigations and prosecutions.The EPPO will establish close relationships with these Union bodies based on mutual cooperation within their respective mandates.

Organisation

The EPPO is built on two levels:

The central level consisting of a Central Office at the seat of the EPPO in Luxembourg. The central level consists of the European Chief Prosecutor, its two Deputies, the European Prosecutors (one per participating EU country) and the Administrative Director.
The decentralised level consisting of European Delegated Prosecutors located in the participating EU countries.

Independence

Staff of the EPPO will act in the interest of the EU as a whole and must neither seek nor take instructions from any outside party.
EPPO is structurally independent from any other EU institution or service.
The European Chief Prosecutor is selected following an open call for candidates and will be appointed by the European Parliament and the Council. The term of office is limited to 7 years and is not renewable.

The European Chief Prosecutor can be dismissed only by a decision of the Court of Justice of the EU, following an application by the European Parliament, the Council or the Commission.
The European Delegated Prosecutors must be completely independent from national prosecution authorities.
From when does the regulation apply?

It has applied since 20 November 2017.

DOCUMENTS

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, pp. 29-41)

Commission Decision (EU) 2018/1094 of 1 August 2018 confirming the participation of the Netherlands in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L 196, 2.8.2018, pp. 1-2)

Commission Decision (EU) 2018/1103 of 7 August 2018 confirming the participation of Malta in the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L 201, 8.8.2018, pp. 2-3)

Agreement between the EU and the International Criminal Court (ICC)

Decision 2006/313/CFSP concluding the agreement between the International Criminal Court and the European Union on cooperation and assistance

Agreement between the International Criminal Court and the European Union on cooperation and assistance

Decision 2011/168/CFSP on the International Criminal Court

By Decision 2006/313/CFSP, the Agreement between the ICC and the EU on cooperation and assistance was approved on behalf of the EU.
The Agreement defines the terms of cooperation and assistance between the EU and the ICC. The Agreement binds the EU, and not EU countries.
Decision 2011/168/CFSP aims to advance universal support for the Rome Statute, which is the treaty establishing the ICC, to preserve the integrity of the Rome Statute, to support the independence of the ICC and its effective and efficient functioning, to support cooperation with the ICC, and to support the implementation of the principle of complementarity*.
Decision 2011/168/CFSP repeals Common Position 2003/444/CSFP.

The Council of the EU and the High Representative of the Union for Foreign Affairs and Security Policy are responsible for coordinating the measures taken by the EU and EU countries for the implementation of Articles 2 to 5 of Decision 2011/168/CFSP, in particular on the 3 following matters:

Advancing universal support

The EU and EU countries are contribute to the objective of the widest possible participation in the Rome Statute by raising the issue in negotiations and political dialogues with non-EU countries (third States) or regional organisations; and/or through adopting initiatives that promote the values, principles and rules of the Rome Statute.
The EU and EU countries cooperate with interested States, international institutions and non-governmental organisations in order to advance universal support.

EU countries share their experience regarding the implementation of the statute with interested States. Moreover, the EU and the EU countries contribute to the legislative work needed for the participation in and implementation of the Rome Statute by non-EU countries.

Guaranteeing the ICC’s independence

In order to guarantee the ICC’s independence, the EU and EU countries:

encourage State Parties to pay their contribution to the budget of the ICC;
encourage accession to and ratification of the Agreement on the Privileges and Immunities of the ICC;
support the development of training and assistance for judges, prosecutors, officials and counsel in work related to the ICC.

Supporting effective operation

The EU and EU countries follow closely developments concerning cooperation with the ICC. They may enter into ad hoc arrangements or agreements to support the effective functioning of the ICC. That is the case of the agreement between the EU and the ICC on cooperation and assistance.
The EU and EU countries take action to ensure full cooperation of non-EU countries with the ICC, including the prompt execution of arrest warrants.
The EU’s 2013 response to non-cooperation with the ICC by non-EU countries focuses on how the EU and EU countries should handle non-cooperation.

Action Plan

The Action Plan for following up on Decision 2011/168/CFSP focuses on:

coordination of EU activities to implement the decision’s objectives,
the universality and integrity of the Rome Statute,
the independence of the ICC,
the cooperation with the ICC, and
implementing the principle of complementarity.

BACKGROUND

The ICC is the world’s first and only permanent international criminal court and is based in The Hague, Netherlands. The ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide*, war crimes*, crimes against humanity* and the crime of aggression*. It is established and governed by the Rome Statute, which entered into force on 1 July 2002 and has been ratified by all EU countries.

Declaration by the High Representative, Federica Mogherini, on behalf of the EU on the occasion of the Day of International Criminal Justice, 17 July 2019 — press release (Council of the European Union).

Complementarity: in this context, is the principle by which the ICC is intended as a court of last resort, meaning that it should investigate and prosecute only when national courts have failed.
Genocide: acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
War crimes: acts committed that violate the law and customs applicable in armed conflicts (e.g. the Geneva Conventions). Examples include mistreating prisoners-of-war, killing hostages, or deliberately destroying cities, towns or villages.
Crimes against humanity: acts committed as part of a widespread or systematic attack directed against any civilian populations with knowledge of the attack.
Crime of aggression: planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

DOCUMENTS

Council Decision 2006/313/CFSP of 10 April 2006 concerning the conclusion of the Agreement between the International Criminal Court and the European Union on cooperation and assistance (OJ L 115, 28.4.2006, p. 49)

Agreement between the International Criminal Court and the European Union on cooperation and assistance (OJ L 115, 28.4.2006, pp. 50-56)

Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP (OJ L 76, 22.3.2011, pp. 56-58)