32000Y0824(06)

Initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the Kingdom of Belgium with a view to adopting a Decision setting up a Provisional Judicial Cooperation Unit

(2000/C 243/06)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Title VI of the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,

Having regard to the initiative of the Federal Republic of Germany, and also to that of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the Kingdom of Belgium,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Council adopted Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union(1).

(2) The Council adopted Joint Action 98/428/JHA of 29 June 1998 concerning the creation of a European Judicial Network(2).

(3) The conclusions of the European Council in Tampere on 15 and 16 October 1999, in particular paragraph 46 thereof, concern the setting up of a unit (Eurojust) composed of prosecutors, magistrates or police officers of equivalent competence, to reinforce the fight against serious organised crime.

(4) In order to improve judicial cooperation between Member States, structural measures to facilitate the coordination of investigations and prosecutions covering the territory of several Member States need to be adopted at Union level without delay and, in particular, a provisional judicial cooperation unit needs to be established.

(5) The meetings of such a provisional unit should be supported by the infrastructures of the Council, as its experience would be of value in drafting the act establishing Eurojust,

HAS DECIDED AS FOLLOWS:

Article 1

1. Each Member State shall assign to its Permanent Representation to the European Union a prosecutor, magistrate, or police officer of equivalent competence, to perform the liaison duties necessary to accomplish the aims and tasks referred to in paragraph 2. The fifteen members thus appointed shall meet in Brussels, supported by the infrastructures of the Council, in a formation known as the "Provisional Judicial Cooperation Unit".

2. In close cooperation with the General Secretariat of the Council and the European Judicial Network, those persons shall:

(a) within the scope of each Member State's national legislation, help to ensure proper coordination between the competent national authorities with regard to investigations and prosecutions involving two or more Member States and requiring coordinated action;

(b) facilitate judicial cooperation in criminal matters between the competent authorities of the Member States;

(c) assist Member States and the Council, as necessary, with a view to the negotiation and adoption by the Council of the act establishing Eurojust.

Article 2

This Decision shall take effect on the day of its adoption.

It shall cease to apply on the date on which the instrument establishing Eurojust takes effect.

Done at ...

For the Council

The President

...

(1) OJ L 105, 27.4.1996, p. 1.

(2) OJ L 191, 7.7.1998, p. 4.