Regulation 2023/2131 - Amendment of Regulation 2018/1727 Council Decision 2005/671/JHA, as regards digital information exchange in terrorism cases

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation entered into force on October 31, 2023.

2.

Key information

official title

Regulation (EU) 2023/2131 of the European Parliament and of the Council of 4 October 2023 amending Regulation (EU) 2018/1727 of the European Parliament and of the Council and Council Decision 2005/671/JHA, as regards digital information exchange in terrorism cases
 
Legal instrument Regulation
Number legal act Regulation 2023/2131
Original proposal COM(2021)757 EN
CELEX number63 32023R2131

3.

Key dates

Document 04-10-2023; Date of signature
Signature 04-10-2023
Effect 31-10-2023; Entry into force Date pub. +20 See Art 3
End of validity 31-12-9999

4.

Legislative text

 

Official Journal

of the European Union

EN

Series L
 
 

2023/2131

11.10.2023

REGULATION (EU) 2023/2131 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 4 October 2023

amending Regulation (EU) 2018/1727 of the European Parliament and of the Council and Council Decision 2005/671/JHA, as regards digital information exchange in terrorism cases

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 85 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

 

(1)

Regulation (EU) 2018/1727 of the European Parliament and of the Council (2) established Eurojust and sets out its tasks, competence and functions.
 

(2)

Council Decision 2005/671/JHA (3) states that, in order to combat terrorism, it is essential for the relevant services to have the fullest and most up-to-date information possible. That Decision requires Member States’ competent authorities to provide Eurojust with information on prosecutions and convictions for terrorist offences which affect or may affect two or more Member States.
 

(3)

As a result of inconsistencies in the interpretation of Decision 2005/671/JHA, in some cases the information is not shared in a timely manner, information is not shared at all, or not all relevant information is shared. Eurojust needs to receive sufficient information to identify links between cross-border investigations.
 

(4)

Assisting the competent authorities of the Member States in ensuring the best possible coordination of investigations and prosecutions, including the identification of links between such investigations and prosecutions, is an important task of Eurojust under Regulation (EU) 2018/1727. That Regulation enables Eurojust to take a more proactive approach and to provide better services to the Member States, for example by suggesting the initiation of investigations and identifying coordination needs, cases that potentially breach the principle of ne bis in idem and prosecution gaps.
 

(5)

In September 2019, Eurojust set up the European Judicial Counter-Terrorism Register on the basis of Decision 2005/671/JHA with the specific objective of identifying potential links between judicial proceedings against suspects of terrorist offences and possible coordination needs stemming from such links.
 

(6)

The European Judicial Counter-Terrorism Register was set up after the adoption of Regulation (EU) 2018/1727, and consequently that Register is not well-integrated in the technical infrastructure of Eurojust, nor is that Register referred to in Regulation (EU) 2018/1727. Therefore, it is necessary to remedy that situation.
 

(7)

To combat terrorism effectively, efficient exchange of information for the investigation or prosecution of terrorist offences between competent national authorities and Union agencies is crucial. It is essential to have the most complete and up-to-date information possible.
 

(8)

Terrorist organisations are increasingly involved in other forms of serious crime and often form part of organised networks. Such involvement concerns serious crimes such as trafficking in human beings, drug trafficking, financial crime and money laundering. It is necessary to cross-check judicial proceedings against such serious crimes.
 

(9)

In order to enable Eurojust to identify links between cross-border judicial proceedings against suspects of terrorist offences as well as links between judicial proceedings against suspects of terrorist offences and information processed at Eurojust relating to other cases of serious crimes, it is...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

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