Considerations on COM(2023)706 - Signing of an Agreement with Armenia on cooperation between the EU Agency for Criminal Justice Cooperation (Eurojust) and the competent authorities for judicial cooperation in criminal matters of Armenia

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dossier COM(2023)706 - Signing of an Agreement with Armenia on cooperation between the EU Agency for Criminal Justice Cooperation (Eurojust) and ...
document COM(2023)706 EN
date January 29, 2024
 
(1)Articles 47 and 52 of Regulation (EU) 2018/1727 of the European Parliament and of the Council 10 provide that Eurojust may establish and maintain cooperation with authorities of third countries based on a cooperation strategy.

(2)Article 56 of Regulation (EU) 2018/1727 of the European Parliament and of the Council also provides that Eurojust may transfer personal data to an authority of a third country inter alia based on an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU setting out adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

(3)On 1 March 2021, the Council authorised the Commission to open negotiations with the Republic of Armenia for an agreement on cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the competent authorities of Armenia for judicial cooperation in criminal matters.

(4)The negotiations on the Agreement between the European Union, of the one part, and Armenia, of the other part, on cooperation between Eurojust and the competent authorities of Armenia for judicial cooperation in criminal matters (‘the Agreement’) were successfully finalised in October 2022. The text of the Agreement was initialled on [xx.xx.xxxx].

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

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

(7)In Commission Decision (EU) 2019/2006 11 the participation of Ireland in Regulation (EU) 2018/1727 was confirmed. Ireland is bound by Regulation (EU) 2018/1727 and is therefore taking part in the adoption of this Decision.

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

(9)The European Data Protection Supervisor delivered its Opinion [xxx] on [xx.xx.xxxx].

(10)Therefore, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.