Date: 31-Oct-2024Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2024/2738 of 10 October 2024 on the conclusion of the Agreement between the European Union and the Republic of Armenia on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of the Republic of Armenia competent for judicial cooperation in criminal matters
The Council Decision (EU) 2024/2738 approves the Agreement between the European Union and the Republic of Armenia concerning cooperation between Eurojust and Armenian authorities on judicial cooperation in criminal matters.
The Agreement facilitates the transfer of personal data between Eurojust and Armenian authorities to combat serious crime and terrorism, while ensuring respect for fundamental rights and data protection.
The decision authorizes the Commission to approve modifications to Annexes I, II, and III of the Agreement, agree on modalities for continued use and storage of previously communicated information, and update information about notification addressees.
Key Changes
The Agreement between the EU and Armenia allows for the transfer of personal data between Eurojust and Armenian authorities for the purpose of fighting serious crime and terrorism.
The Agreement includes safeguards to protect fundamental rights, including the right to privacy, data protection, and fair trial, as outlined in Articles 7, 8, and 47 of the Charter of Fundamental Rights of the European Union.
The European Commission is authorized to approve modifications to Annexes I, II, and III of the Agreement after consulting with the Council.
The European Commission is authorized to agree on modalities for the continued use and storage of information already communicated before the termination of the Agreement, after consulting with the Council.
The European Commission is authorized to update the information about the addressee of notifications made in accordance with the Agreement after consulting with the Council.
Ireland is participating in the adoption of this decision, while Denmark is not.
Impact Analysis
EU Citizens
Increased cooperation with Armenia in criminal matters could lead to more effective prosecution of criminals operating across borders.
Republic of Armenia
This may lead to increased capacity in combating serious crime and terrorism.
Eurojust
Eurojust's ability to fight cross-border crime is enhanced through this cooperation.
European Commission
The Commission plays a key role in ensuring the ongoing implementation and adaptation of the Agreement.
Action Items
The European Commission should consult with the Council before updating the information about the addressee of notifications made in accordance with the Agreement.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Republic of Armenia: A sovereign state located in the Caucasus region of Eurasia.
Eurojust: The European Union Agency for Criminal Justice Cooperation. It facilitates coordination and cooperation between national investigating and prosecuting authorities in combating serious cross-border crime.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Council of the European Union: A body consisting of government ministers from each EU country to discuss, amend and adopt laws, and coordinate policies.
Regulation (EU) 2018/1727: Regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust).
Council Decision (EU) 2024/447: Council Decision on the signing, on behalf of the Union, of the Agreement between the European Union and Armenia on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of the Republic of Armenia competent for judicial cooperation in criminal matters.
Treaty on the Functioning of the European Union (TFEU): One of the two primary treaties upon which the European Union is founded.
Charter of Fundamental Rights of the European Union: A charter of the European Union enshrining fundamental rights.
Official Journal EN
of the European Union L series
2024/2738 31.10.2024
COUNCIL DECISION (EU) 2024/2738
of 10 October 2024
on the conclusion of the Agreement between the European Union and the Republic of Armenia on
the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust)
and the authorities of the Republic of Armenia competent for judicial cooperation in criminal
matters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) and Article 85, in
conjunction with Article 218(6), second subparagraph, point (a)(v), and Article 218(7) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) Articles 47(1) and 52(1) of Regulation (EU) 2018/1727 of the European Parliament and of the Council (2) provide
that Eurojust may establish and maintain cooperation with authorities of third countries on the basis of
a cooperation strategy.
(2) Pursuant to Article 56(2)(c) of Regulation (EU) 2018/1727 Eurojust may transfer personal data to an authority of
a third country provided that, inter alia, an international agreement has been concluded between the Union and that
third country pursuant to Article 218 of the Treaty on the Functioning of the European Union (TFEU) that provides
for adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of
individuals.
(3) In accordance with Council Decision (EU) 2024/447 (3), the Agreement between the European Union and the
Republic of Armenia on the cooperation between the European Union Agency for Criminal Justice Cooperation
(Eurojust) and the authorities of the Republic of Armenia competent for judicial cooperation in criminal matters
(‘the Agreement’) was signed on 5 April 2024, subject to its conclusion at a later date.
(4) The Agreement enables the transfer of personal data between Eurojust and the competent authorities of the Republic
of Armenia, with a view to fighting serious crime and terrorism and protecting the security of the Union and its
citizens.
(5) The Agreement ensures full respect of the fundamental rights of the Union, in particular the right to respect for
private and family life, the right to the protection of personal data, and the right to an effective remedy and a fair
trial, laid down in Articles 7, 8 and 47 of the Charter of Fundament Rights of the European Union, respectively. In
particular, the Agreement includes adequate safeguards for the protection of personal data transferred by Eurojust
under the Agreement.
(6) Pursuant to Article 218(7) TFEU, it is appropriate that the Council authorise the Commission to approve on the
Union’s behalf the modifications of Annexes I, II and III to the Agreement, to agree modalities for the continued use
and storage of the information that has already been communicated between the Parties pursuant to the Agreement,
and to update the information about the addressee of notifications.
(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 TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it
or subject to its application.
(1) Consent of 10 April 2024 (not yet published in the Official Journal).
(2) Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency
for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018,
p. 138).
(3) Council Decision (EU) 2024/447 of 29 January 2024 on the signing, on behalf of the Union, of the Agreement between the
European Union and Armenia on the cooperation between the European Union Agency for Criminal Justice Cooperation (Eurojust)
and the authorities of the Republic of Armenia competent for judicial cooperation in criminal matters (OJ L, 2024/447, 1.2.2024,
ELI: http://data.europa.eu/eli/dec/2024/447/oj).
ELI: http://data.europa.eu/eli/dec/2024/2738/oj 1/2EN
OJ L, 31.10.2024
(9) The European Data Protection Supervisor delivered its opinion 52/2023 on 11 December 2023.
(10) The Agreement should be approved on behalf of the Union,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Republic of Armenia on the cooperation between the European
Union Agency for Criminal Justice Cooperation (Eurojust) and the authorities of the Republic of Armenia competent for
judicial cooperation in criminal matters (‘the Agreement’) is hereby approved on behalf of the Union.
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 29(2) of the
Agreement (4).
Article 3
1. For the purposes of Article 30(2) of the Agreement, the position to be taken on behalf of the Union on the
modifications of Annexes I, II and III to the Agreement shall be approved by the Commission after consultation with the
Council.
2. For the purpose of Article 33(3) of the Agreement, the Commission shall be authorised, after consultation with the
Council, to agree modalities for the continued use and storage of the information that has already been communicated
before the termination of the Agreement between the Parties pursuant to the Agreement.
3. For the purpose of Article 34(2) of the Agreement, the Commission shall be authorised to update the information
about the addressee of notifications made in accordance with the Agreement after consultation with the Council.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 10 October 2024.
For the Council
The President
PINTÉR S.
(4) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat
of the Council.
2/2 ELI: http://data.europa.eu/eli/dec/2024/2738/oj