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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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 casesLegal instrument | Regulation |
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Number legal act | Regulation 2023/2131 |
Original proposal | COM(2021)757 ![]() |
CELEX number63 | 32023R2131 |
Document | 04-10-2023; Date of signature |
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Signature | 04-10-2023 |
Effect | 31-10-2023; Entry into force Date pub. +20 See Art 3 |
End of validity | 31-12-9999 |
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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- 63.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 64.EUR-lex provides an overview of the proposal, amendments, citations and legality.