THE COUNCIL OF THE EUROPEAN UNION,

HAVING REGARD TO:

Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 and to Council Framework Decision 2002/465/JHA of 13 June 2002 on Joint Investigation Teams.

Council Resolution 2022/C 44/01 on the revised Model Agreement on the establishment of a Joint Investigation Team.

RECALLING THAT:

Article 13 of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union (1) (‘the Convention’) contains provisions on joint investigation teams.

On 13 June 2002, the Council adopted Framework Decision 2002/465/JHA on joint investigation teams (2) (‘the Framework Decision’).

TAKING NOTE THAT:

Joint Investigation Teams (‘JITs’) have proven to be one of the most successful tools for cross-border cooperation in criminal matters within the European Union, enabling the competent authorities of two or more Member States, and where appropriate third countries and/or international judicial authorities, to carry out criminal investigations jointly for a specific purpose and a limited period.

The increasing number and complexity of cross-border criminal investigations, including those relating to organised crime, terrorism and cybercrime, have highlighted the growing need for secure and efficient tools enabling the swift exchange of information and evidence between the members and participants of Joint Investigation Teams.

Regulation (EU) 2023/969 of the European Parliament and of the Council, which entered into force on 6 June 2023, established the JITs Collaboration Platform (‘JITs CP’) in order to support, strengthen and modernise the functioning of JITs. The establishment of this secure digital environment aims to facilitate cooperation and coordination between competent authorities participating in JITs by enabling secure exchange of information and evidence, secure communication, evidence traceability and support to the process of the evaluation of a JIT.

Recital 14 of Regulation (EU) 2023/969 recognises that a JIT agreement should be a prerequisite for the use of the JITs CP and that, in order to ensure the effective use of the platform, the content of all future JIT agreements must be adapted to take into account the relevant provisions of the Regulation.

Furthermore, Recital 15 of the same Regulation recognises that the JITs Network developed a model agreement to facilitate the setting up of JITs, and provides that the content of that model agreement (and its appendices) should be adapted to take into account the use of the JITs CP and the rules governing access to it.

CONVINCED THAT:

Several provisions of Regulation (EU) 2023/969 require that specific elements relating to the use of the JITs CP are reflected in the relevant JIT agreement. These provisions address, inter alia, the creation of collaboration spaces within the platform, granting access to the users and rules for such access, the designation of JIT space administrators and a data controller as regards the personal data exchanged through, and stored in, the JITs CP from third countries or international judicial authorities.

It is therefore appropriate to adapt the model agreement in accordance with the Regulation by introducing a new Article 12 to assist JIT parties in agreeing on provisions governing the use of the JITs CP. This new Article 12 is set out in the Annex. The articles in the JIT model agreement that come after the new Article 12 will be renumbered accordingly.

ENCOURAGES

the competent authorities of the Member States that wish to set up a Joint Investigation Team with the competent authorities from other Member States, in accordance with the terms of the Framework Decision and the Convention, or from non-EU States, on the basis of the relevant international instruments, to use, where appropriate, the Model Agreement as amended by this Resolution in order to agree upon the modalities for the Joint Investigation Team.