REPORT on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Ukraine

on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Ukraine

(11592/2015 – C8‑0300/2015 – 2015/0810(CNS))

(Consultation)

The European Parliament,

–  having regard to the Council draft (11592/2015),

–  having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8‑0300/2015),

–  having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime[1], in particular Article 26a(2) thereof,

–  having regard to Rule 59 of its Rules of Procedures,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A8-0007/2016),

1.  Approves the Council draft;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.  Instructs its President to forward its position to the Council, the Commission and Eurojust.

EXPLANATORY STATEMENT

This proposal concerns the proposed approval of a cooperation agreement between Eurojust

and Ukraine with the aim to enhancing judicial cooperation in the fight against serious crime in particular organised crime and terrorism. This draft agreement contains provisions concerning the operational cooperation between Eurojust and Ukraine, such as the secondment of a liaison officer by Ukraine to Eurojust and the exchange of information including personal data

In accordance with article 26a (2) of the Eurojust Decision, the Joint Supervisory Body of Eurojust (JSB) has approved the draft agreement; its opinion is attached to the draft agreement. The JSB noted in particular that all Eurojust amendments to the draft agreement have been taking into account and that Ukraine is Party to the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its protocol regarding supervisory authorities and transborder data. On this last point, the JSB has concluded that issues regarding the independence of the supervisory competent authority in Ukraine have been satisfactorily addressed by the transfer of the tasks to the Ombudsman which enjoys full independence in accordance with the Ukrainian constitution.

In order to reinforce the fight against transnational crime and to enhance judicial co-operation in Europe, there is a clear operational need for Eurojust to cooperate with the Ukraine.

Pursuant to Article 26a(2) of the Council Decision of 28 February 2002 setting up Eurojust, as last amended by Council Decision 2009/426/JHA of 16 December 2008, it is for the Council to approve, by qualified majority, the agreements conclude by Eurojust with third countries or international organisations.

Pursuant to article 39(1) of the ex-Treaty on European Union which the Court of Justice has ruled on 16 April 2015 to be still applicable, in accordance with article 9 of protocol 36, the Council is required to consult the Parliament when adopting implementing measures on the basis of the third pillar acquis and may lay down a time limit for the Parliament to deliver its opinion (CJEU C-317/13 et C-679/13, 15 April 2015)

The rapporteur supports the conclusion of this cooperation agreement with Ukraine, since it would aid and reinforce the fight against serious crime and would contribute to enhancing judicial co-operation in particular in the field of organised crime and terrorism.

12.1.2016

OPINION of the Committee on Legal Affairs

for the Committee on Civil Liberties, Justice and Home Affairs

on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Ukraine

(11592/2015 – C8‑0300/2015 – 2015/0810(CNS))

Rapporteur: Jiří Maštálka

SHORT JUSTIFICATION

This decision proposes to approve a cooperation agreement between Eurojust and Ukraine in order to strengthen judicial cooperation in the fight against serious crime and corruption. The agreement contains detailed provisions on operational cooperation between Eurojust and Ukraine, such as the secondment of a Ukrainian liaison officer to Eurojust and the exchange of information.

Article 26a(2) of the Eurojust Decision states that the Council must approve such agreements with third countries or international organisations. Article 39(1) of the pre-Lisbon version of the Treaty on European Union provides that Parliament must be consulted on that approval. This procedure is still temporarily in force in accordance with Article 9 of Protocol No 36.

Your rapporteur considers that there is a clear operational need for Eurojust to cooperate with Ukraine in order to fight transnational crime and strengthen judicial cooperation in Europe. Your rapporteur supports the cooperation agreement, and therefore proposes the approval of the Council implementing decision without amendment.

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The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to propose approval of the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Ukraine.

PROCEDURE – COMMITTEE ASKED FOR OPINION

PROCEDURE – COMMITTEE RESPONSIBLE

• [1]    OJ L 63, 6.3.2002, p. 1.