Considerations on COM(2024)298 -

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dossier COM(2024)298 - .
document COM(2024)298
date July 16, 2024
 
(1) Articles 47 and 52 of Regulation (EU) 2018/1727 of the European Parliament and of the Council1 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 of the Treaty on the Functioning of the European Union (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 Bosnia and Herzegovina for an agreement on cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of Bosnia and Herzegovina competent for judicial cooperation in criminal matters.

(4) The negotiations on the Agreement between the European Union and Bosnia and Herzegovina on the cooperation between Eurojust and the competent authorities of Bosnia and Herzegovina for judicial cooperation in criminal matters (‘the Agreement’) were successfully finalised, at the level of the negotiation teams, in January 2024. After the Member States had approved the text on technical level on 22 March 2024, Bosnia and Herzegovina gave its final agreement on 10 April 2024. [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 Bosnia and Herzegovina, 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) 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,

(11) In accordance with the Treaties, it is for the Commission to ensure the signing of the Agreement, subject to its conclusion at a later date.