Regulation (EU) 2023/969 establishing a collaboration platform to support the functioning of joint investigation teams and amending Regulation (EU) 2018/1726

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Series Details L 132, Pages 1-20
Publication Date 17/05/2023
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Summary:

Regulation (EU) 2023/969 - adopted by the co-legislators on 10 May 2023 - establishing a collaboration platform to support the functioning of Joint Investigation Teams (JITs) and introducing amendments to Regulation (EU) 2018/1726.

Further information:

Joint Investigation Teams (JITs) are teams set up for specific criminal investigations and for a limited period of time. They are set up by the competent authorities of two or more Member States of the European Union (EU) and possibly third countries, to carry out together criminal investigations that cross borders. The legal basis for setting up a JIT are the EU Convention on Mutual Assistance in Criminal Matters and Council Framework Decision 2002/465/JHA. Third countries can be parties in JITs if the legal basis allow for this.

This Regulation establishes a voluntary JITs collaboration platform to facilitate the cooperation of competent authorities participating in JITs set up on the basis of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or of Framework Decision 2002/465/JHA. It lays down rules on the division of responsibilities between the platform users and the agency responsible for its development and maintenance. It also sets out conditions under which the users may be granted access to the platform, and it lays down specific data protection provisions.

The draft law was adopted by the European Commission on 1 December 2021 as part of a legislative package addressing the digitalisation of justice systems in the EU. Practice had showed that JITs faced a number technical difficulties preventing them from being efficient in their daily work and from fostering their operations. An assessment prepared in 2018 also indicated that the JITs' work could be improved and sped up if supported by a dedicated IT platform. The Digital Criminal Justice study confirmed these findings.

The Council of the European Union adopted a general approach on 9 June 2022. The European Parliament's relevant committee adopted a negotiating position on 10 October. An informal agreement between the co-legislators on a compromise text for this file was reached on 14 December. This was formally endorsed by the Parliament on 30 March 2023 and by the Council on 24 April. The Act was signed by the co-legislators on 10 May 2023 and published in the Official Journal on 17 May 2023.

Source Link http://data.europa.eu/eli/reg/2023/969/oj
Related Links
Commentary and Analysis
EUR-LEX: SWD(2021)390: Staff Working Document accompanying the Proposal - Analytical Supporting Document https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:390:FIN
eucrim: News, 29/01/2022: Proposal for JIT Collaboration Platform https://eucrim.eu/news/proposal-for-jit-collaboration-platform/
EUObserver: Opinion, 19/05/2022: More EU teams needed to prosecute Ukraine war crimes https://euobserver.com/opinion/154998
Statewatch: News, 05/01/2023: EU: Collaboration platform for Joint Investigation Teams https://www.statewatch.org/news/2023/january/eu-collaboration-platform-for-joint-investigation-teams/

News
EUR-LEX: COM(2021)756: Proposal for a Regulation establishing a collaboration platform to support the functioning of Joint Investigation Teams and amending Regulation (EU) 2018/1726 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:756:FIN
EurActiv, 09/06/2022: EU ministers adopt joint investigation platform without access for customs https://www.euractiv.com/section/digital/news/eu-ministers-adopt-joint-investigation-platform-without-access-for-customs/

Official
European Parliament: Legislative Observatory: Procedure File for Proposal on Joint Investigation Teams collaboration platform (2021/0391(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0391(COD)
European Parliament: Legislative Train Schedule: Joint Investigation Teams collaboration platform https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-joint-investigation-teams-collaboration-platform
European Commission: Policies: Joint Investigation Teams (JITs) collaboration platform https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/digitalisation-justice/joint-investigation-teams-jits-collaboration-platform_en
European Commission: Press Release, 01/12/2021: Modernising judicial cooperation: Commission paves the way for further digitalisation of EU justice systems https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6387
European Commission: Questions and Answers on the digitalisation of EU justice systems (1 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6388
Council of the European Union: Press Release, 09/06/2022: Judicial cooperation: Council adopts negotiating mandate on two proposals to improve information exchange https://www.consilium.europa.eu/en/press/press-releases/2022/06/09/judicial-cooperation-council-adopts-negotiating-mandate-two-proposals-improve-information-exchange/
Council of the European Union: Press Release, 13/12/2022: Judicial cooperation: Council Presidency and European Parliament agree to create a collaboration platform for joint investigation teams https://www.consilium.europa.eu/en/press/press-releases/2022/12/13/judicial-cooperation-council-presidency-and-european-parliament-agree-to-create-a-collaboration-platform-for-joint-investigation-teams/
Council of the European Union: Press Release, 24/04/2023: Council adopts law to improve and digitalise cross-border judicial cooperation https://www.consilium.europa.eu/en/press/press-releases/2023/04/24/council-adopts-law-to-improve-and-digitalise-cross-border-judicial-cooperation/

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