Appendix I

TO THE MODEL AGREEMENT ON THE ESTABLISHMENT OF A JOINT INVESTIGATION TEAM

Participants in a JIT

Arrangement with Europol/Eurojust/the Commission (OLAF), bodies competent by virtue of provisions adopted within the framework of the Treaties, other international bodies or third countries

1.   Parties to the arrangement

and

and

(… and …)

have agreed that the following persons from (names of the parties to the agreement that are not Member States) will participate in the joint investigation team, established by agreement on … (date and place of the agreement to which this appendix is attached).

2.   Participants in the JIT

The following persons will participate in the JIT:

The Member State … has decided that its national members of Eurojust will participate in the joint investigation team as a competent national authority (1).

Should any of the above-mentioned persons be prevented from carrying out their duties, a replacement will be designated in an appendix to this agreement. In urgent cases, it will be sufficient for the party to give notification of the replacement by letter. Such notification shall subsequently be confirmed in an appendix to the agreement.

3.   Specific arrangements

The participation of the above-mentioned persons will be subject to the following conditions and only for the following purposes:

3.1.   First party to the agreement that is not a Member State

3.1.1.   Purpose of participation

3.1.2.   Rights conferred (if any)

3.1.3.   Provisions concerning costs

3.1.4.   Specific provisions concerning or enabling achievement of the purpose of participation

3.1.5.   Other specific provisions or conditions (2)

3.1.6.   Specific data protection rules

3.2.   Second party to the agreement that is not a Member State (if applicable)

3.2.1.   …

4.   Specific arrangements related to the participation of Europol  (3)

4.1.   Principles of participation

4.1.1.   Europol staff participating in the JIT shall assist the members of the team in accordance with the Europol Decision and in accordance with the national law of the Member State where the team operates.

4.1.2.   The Europol staff participating in the JIT shall work under the guidance of the leader(s) of the team as identified in point […] of the Agreement and shall provide any assistance necessary to achieve the objectives and purpose of the JIT, as identified by the leader(s) of the team.

4.1.3.   Europol staff has the right not to perform tasks which they consider to be in breach of their obligations under the Europol Decision. In that case, the Europol staff member shall inform the Director or his representative thereof. Europol shall consult with the leader(s) of the team with a view to finding a mutually satisfactory solution.

4.1.4.   Europol staff participating in the JIT shall not be involved in the taking of any coercive measures. However, participating Europol staff can, under the guidance of the leader(s) of the team, be present during operational activities of the JIT, in order to render on-the-spot advice and assistance to the members of the team who execute coercive measures, provided that no legal constraints exist at national level where the team operates.

4.1.5.   Article 11(a) of the Protocol on the Privileges and Immunities of the European Union shall not apply to Europol staff participating in the JIT (4).

4.1.6.   During the operations of the JIT, Europol staff shall, with respect to offences committed against or by them, be subject to the national law of the Member State of operation applicable to persons with comparable functions.

4.2.   Type of assistance

4.2.1.   Participating Europol staff will provide full range of Europol’s support services, in accordance with the Europol Council Decision as far as required or requested. Those will include, inter alia, operational and strategic analytical support, in particular through the analysis work file(s) (AWF) (name(s) of the work file(s) and related projects). Where required and when requested by the leader(s) of the team, Europol may support the JIT by deployment of a Europol ‘mobile office’ or of other technical equipment, if available and in compliance with Europol’s security standards.

4.2.2.   Europol staff participating in the JIT may assist in all activities, in particular by providing a communication platform, strategic, technical and forensic support and tactical and operational expertise and advice to the members of the JIT, as required by the leader(s) of the team.

4.2.3.   Europol shall, within the boundaries of its legal framework facilitate the secure exchange of information between the parties of the JIT and non-participating States and/or EU bodies and international organisations, if requested by the leader(s) of the team.

4.3.   Access to Europol information processing systems

4.3.1.   Europol staff participating in the JIT shall have access to Europol’s information processing systems, referred to in Article 10 of the Europol Decision. This access shall be in accordance with the provisions of the Europol Decision and in line with the applicable security and data protection standards for the duration of their membership of the JIT.

4.3.2.   Europol staff may liaise directly with members of the JIT and provide members and seconded members of the JIT, in accordance with the Europol Decision, with information from any of the components of the information processing systems referred to in Article 10 of the Europol Decision. The conditions and restrictions on the use of this information must be respected.

4.3.3.   Information obtained by a Europol staff member while part of the JIT may be, with the consent and under the responsibility of the Member State which provided the information, included in any of the components of the information processing systems referred to in Article 10 of the Europol Decision, under the conditions laid down therein.

4.4.   Costs and equipment

4.4.1.   The Member State in which investigative measures are taking place is responsible for providing the technical equipment (office accommodation, telecommunication etc.) necessary for the accomplishment of the tasks and shall pay the costs incurred. The respective Member State shall also provide office communication and other technical equipment necessary for the (encrypted) exchange of data. The costs are to be paid by that Member State.

4.4.2.   Europol shall cover the costs incurred as a result of the participation of Europol staff in the JIT, in particular concerning insurance and salaries for staff as well as accommodation and travel costs. Europol shall also bear the costs for the special equipment mentioned in points 4.1 and 4.2 above.

Date/signatures (5)

(1)  Delete this paragraph if not applicable.

(2)  For example, references to basic or applicable legal frameworks, etc.

(3)  To be included only where Europol is a participant to the JIT. These rules were adopted by the Europol Management Board on 9 July 2009 (file No 3710-426r6) and a model JIT arrangement was adopted by the Europol Management Board on 18 November 2009 (file No 2610-74r2), as required under Article 6(2) of the Europol Decision. For updated information please refer to the Europol's website: http://www.europol.europa.eu

(4)  Protocol on the Privileges and Immunities of the European Union (consolidated version) (OJ C 115, 9.5.2008, p. 266).

(5)  Signatures of the parties to this arrangement.

Appendix II

TO THE MODEL AGREEMENT ON THE ESTABLISHMENT OF A JOINT INVESTIGATION TEAM

Agreement to extend a joint investigation team

In accordance with Article 13(1) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (1) and Article 1(1) of the Council Framework Decision of 13 June 2002 on joint investigation teams (2):

The parties have agreed to extend the joint investigation team (hereinafter ‘JIT’) set up by agreement of [insert date] done at [insert place of signature], a copy of which is attached hereto.

The parties consider that the JIT should be extended beyond the period for which it was set up [insert date on which period ends] since its purpose as established in Article [insert article on purpose of JIT here] has not yet been achieved.

The circumstances requiring the JIT to be extended have been carefully examined by all the parties. The extension of the JIT is considered essential to the achievement of the purpose for which the JIT was set up.

The JIT will therefore remain in operation until [insert date on which new period ends]. The above period may be extended further by the parties by mutual agreement.

Date/Signature

(1)  OJ C 197, 12.7.2000, p. 3.

(2)  OJ L 162, 20.6.2002, p. 1.

Appendix III

TO THE MODEL AGREEMENT ON THE ESTABLISHMENT OF A JOINT INVESTIGATION TEAM

Suggested wording for changes other than the period for which a JIT is set up

In accordance with Article 13(1) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 (1) and Article 1(1) of the Council Framework Decision of 13 June 2002 on joint investigation teams (2), under which the present joint investigation team was set up:

The parties have agreed to amend the written agreement setting up a joint investigation team (hereinafter ‘JIT’) of [insert date], done at [insert place], a copy of which is attached hereto.

The signatories have agreed that the above agreement should be amended as follows:

The circumstances requiring the JIT agreement to be amended have been carefully examined by all the parties. The amendment(s) to the JIT agreement is/are deemed essential to achieve the purpose for which the JIT was set up.

Date/Signature

(1)  OJ C 197, 12.7.2000, p. 3.

(2)  OJ L 162, 20.6.2002, p. 1.

Appendix IV

Proposal for a check list for the Operational Action Plan (OAP) (1)

The following points may be addressed by the parties:

Introduction— describe the purpose of the JIT. The text used under ‘purpose of the JIT’ in the JIT agreement would normally be sufficient

Operational procedure— identify the location(s) where the JIT is likely to operate, describe how the JIT will be managed and the investigation conducted, taking note of national legislation, guidelines and procedure

Role of members and/or participants of the JIT— identify and describe the different operational roles and tasks of each member and/or participant in the JIT (EU MS, Europol, Eurojust, OLAF) if not yet described in the JIT agreement

Special or specific measures to be implemented— identify and describe investigative activity that requires special measures or procedure e.g. child suspects, victims, dangerous/hostile working environment

Operations and investigative powers— identify and describe special operations/investigative techniques that will be employed during the investigation e.g. intrusive surveillance, informants, undercover officers, communication intercepts etc. and related legislation/procedure

Information exchange and communication— describe how information will be exchanged and the procedures for communication and identify competent partner or agency e.g. Europol, Eurojust, OLAF, SECI, Interpol; it may be necessary to agree upon a language of communication; consider the use of Europol’s secure means of communication (SIENA) and the Analytical Work Files (AWFs) as a means for a secure environment to store sensitive information

Intelligence assessment and tasking— describe the process of intelligence collection and development and any related guidelines

Financial investigations— consider the need for following the ‘money trail’

Evidence gathering— identify according to the jurisdiction(s) any legislation, guidelines, procedure etc. which must be taken into account including responsible agency/individual, requirement to translate evidence

Prosecution— identify the competent authority in each country/jurisdiction and any guidelines related to decisions to prosecute including the role of Eurojust in this respect

Testimony— identify the likelihood and procedures in place for each jurisdiction in respect of the requirement for JIT members to give evidence

Disclosure— describe the rules and procedures for all jurisdictions where the JIT is likely to operate

Operational and strategic meetings— identify and describe the meetings that will take place, their frequency and participants

Administration and logistics— any issues concerning administration, equipment (such as office accommodation, vehicles, IT equipment or any other technical equipment), resources, personnel, media, confidentiality issues, etc. should be dealt with here:

Translation

Office accommodation

Vehicles

Other technical equipment

(1)  The content of the OAP is a living document reflecting the practical issues of a JIT. The OAP should be coherent with section 13 ‘Specific arrangements’ of the JIT Agreement. Some elements of section 13 may be located in the OAP.