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COUNCIL OF

THE EUROPEAN UNION

Brussels, 4 November 2008 





15152/08





COPEN 208

EUROJUST 90



COVER NOTE

from :	Eurojust

to :	Presidency of the Council

Subject :	Draft Agreement on Co-operation between Eurojust and the
former Yugoslav Republic of Macedonia



Delegations will find in the annex an Eurojust letter and the draft
Agreement on Co-operation between Eurojust and the former Yugoslav
Republic of Macedonia.

_____________

ANNEX

Draft Agreement on Co-operation between

Eurojust and the former Yugoslav Republic of Macedonia

Eurojust and the former Yugoslav Republic of Macedonia (hereinafter
referred to as 'the Parties'),

Having regard to the Council Decision of 28 February 2002 setting up
Eurojust with a view to reinforcing the fight against serious crime, and
in particular Article 27(1)(c) and (3) thereof;

	

Having regard to the opinion of the Joint Supervisory Body of 27 October
2008;

Considering the interests of both the former Yugoslav Republic of
Macedonia and Eurojust in developing a close and dynamic co-operation to
meet the present and future challenges posed by serious transnational
crime including terrorism;

Considering the wish to improve judicial co-operation between the former
Yugoslav Republic of Macedonia and Eurojust to facilitate the
co-ordination of investigations and prosecutions covering the territory
of the former Yugoslav Republic of Macedonia and one or more Member
States of the European Union;

	

Considering that the former Yugoslav Republic of Macedonia has ratified
the Council of Europe Convention of 28 January 1981 for the Protection
of Individuals with regard to Automatic Processing of Personal Data that
also plays a fundamental role in the Eurojust data protection system;

Considering the high level of protection of personal data in the
European Union, in particular the processing of personal data in
accordance with the Eurojust Decision of 28 February 2002 establishing
Eurojust, the Eurojust Rules of Procedure on Data Protection and other
applicable rules;

Respecting the fundamental rights and principles of the European
Convention on Human Rights and Fundamental Freedoms, which are reflected
in the Charter of Fundamental Rights of the European Union;

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Agreement:

'Eurojust Decision' means the Council Decision of 28 February 2002
setting up Eurojust with a view to reinforcing the fight against serious
crime, as last amended by the Council Decision of 18 June 2003;

'Member States' means the Member States of the European Union;

'College' means the College of Eurojust, as referred to in Article 10 of
the Eurojust Decision;

'National member' means the national member seconded to Eurojust by each
Member State of the European Union, as referred to in Article 2(1) of
the Eurojust Decision;

' Assistant' means a person who may assist a National Member or the
Liaison Prosecutor, as referred to in Article 2(2) of the Eurojust
Decision and in Article 5 of this agreement respectively,;

'Administrative Director' means the Administrative Director as referred
to in Article 29 of the Eurojust Decision;

'Eurojust staff' means the staff referred to in Article 30 of the
Eurojust Decision;

'Eurojust rules of procedure on data protection' means the rules of
procedure for the processing and protection of personal data at
Eurojust, approved by the Council of the European Union on 24 February
2005;

'Personal data' means any information relating to an identified or
identifiable natural person ('data subject'). An identifiable person is
one who can be identified, directly or indirectly, in particular by
reference to an identification number or to one or more factors specific
to his or her physical, physiological, mental, economic, cultural or
social identity;



'Processing of personal data' means any operation or set of operations
which are performed upon personal data, whether or not by automatic
means, such as collection, recording, organisation, storage, adaptation
or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
blocking, erasure or destruction.

Article 2

Purpose of this Agreement

	The purpose of this Agreement on cooperation between Eurojust and the
former Yugoslav Republic of Macedonia ('this Agreement') is to enhance
the co-operation between the former Yugoslav Republic of Macedonia   and
Eurojust in the combating of serious forms of transnational crime
including terrorism.

Article 3

Scope of co-operation

The former Yugoslav Republic of Macedonia and Eurojust shall co-operate
in the fields of activity as set forth in Articles 6 and 7 of the
Eurojust Decision within the competences of Eurojust as set forth in
Article 4 of the Eurojust Decision.

Where Eurojust's mandate is changed to cover fields of activities and/or
competences in addition to those set forth in paragraph 1, Eurojust may,
from the date when the change to Eurojust's mandate enters into force,
submit to the former Yugoslav Republic of Macedonia in writing a
proposal to extend the scope of application of this Agreement to include
the new mandate. This Agreement shall apply in relation to the new
mandate as of the date on which Eurojust receives the written acceptance
by the said country in accordance with its internal procedures. 

Article 4

Competency for the execution of this Agreement

The competent authority of the former Yugoslav Republic of Macedonia for
the execution of this Agreement is the Public Prosecutor’s Office of
the former Yugoslav Republic of Macedonia.

Within Eurojust and in accordance with Articles 6 and 7 of the Eurojust
Decision, the national members concerned and the College are competent
for the execution of this Agreement. 

Article 5

Liaison Prosecutor to Eurojust

To facilitate co-operation as laid down in this Agreement, and in
accordance with the provisions of Article 27(3) of the Eurojust
Decision, the former Yugoslav Republic of Macedonia may second a liaison
prosecutor to Eurojust.

The liaison prosecutor shall be a public prosecutor subject to the
national law of the former Yugoslav Republic of Macedonia as regards his
or her status. The mandate and the duration of secondment shall be
determined by the former Yugoslav Republic of Macedonia.

The liaison prosecutor may be assisted by one person. When necessary,
the assistant may replace him or her.

The former Yugoslav Republic of Macedonia shall inform Eurojust of the
nature and extent of the judicial powers of the liaison prosecutor
within its own territory in order to accomplish his or her tasks in
accordance with the purpose of this Agreement. The former Yugoslav
Republic of Macedonia shall establish the competence of its liaison
prosecutor to act in relation to foreign judicial authorities.

The liaison prosecutor shall have access to the information contained in
the national criminal records or in any other register of the former
Yugoslav Republic of Macedonia in the same way as stipulated by the
former Yugoslav Republic of Macedonian’s law in the case of a
prosecutor or person of equivalent competence.

The liaison prosecutor may contact the competent authorities of the
former Yugoslav Republic of Macedonia directly.



Eurojust shall endeavour to provide sufficient liaison facilities, which
shall include the use of office space and telecommunications services,
to the extent possible within the constraints of the Eurojust
infrastructure and budget. Eurojust may request reimbursement of any or
all expenses incurred by Eurojust in providing these facilities.

The working documents of the liaison prosecutor shall be held inviolable
by Eurojust.

Article 6

Contact point to Eurojust

The former Yugoslav Republic of Macedonia shall put in place or appoint
at least one contact point to Eurojust within the office of the
competent authority of the former Yugoslav Republic of Macedonia. This
appointment shall be duly notified to Eurojust.

The former Yugoslav Republic of Macedonia shall designate one of its
contact points as national correspondent for terrorism matters as
referred to in Article 12 of the Eurojust Decision.

Article 7

Operational and strategic meetings

The liaison prosecutor, his or her assistant, and other former Yugoslav
Republic of Macedonia competent  authorities, including the contact
point to Eurojust, may participate in operational and strategic
meetings, at the invitation of the President of the College and with the
approval of the national members concerned.

National members and their assistants, the Administrative Director and
Eurojust staff may also attend meetings organised by the liaison
prosecutor or other former Yugoslav Republic of Macedonia competent
authorities, including the contact point to Eurojust.

Article 8

Exchange of information

In accordance with this Agreement and any applicable internal rules, the
Parties may exchange all information that is necessary, relevant and not
excessive in order to achieve the purpose of this Agreement as laid down
in Article 2.

The requesting Party shall notify the other Party of the purpose for
which the information is requested. In the case of spontaneous transfer
of information, the Party providing information shall notify the other
Party of the purpose for which the information is supplied.

The Party providing the information may impose restrictions to the use
of the information provided. This also includes possible access
restrictions, restrictions on further transmission and terms for
deletion or destruction. Notification may also be given at a later
stage, when the need for such restrictions becomes apparent after the
transfer.

The Parties shall not communicate any information provided by the other
Party to any third state or body without the consent of the latter and
without the appropriate safeguards.

The Parties shall keep a record of the transmission and receipt of data
communicated under this Agreement.

Article 9

Channels of transmission

1.	The information shall be exchanged: 

a)	either between the liaison prosecutor or, if no liaison prosecutor is
appointed or otherwise available, the contact point to Eurojust and the
national members concerned or the College; or 

b)	directly between the judicial authority in charge of investigating
and/or prosecuting the case and the national members concerned or the
College. In this event, the liaison prosecutor shall be informed about
any such information exchanges.

2.	The Parties are not precluded from agreeing to use other channels for
the exchange of information in particular cases.

3.	Both Parties shall ensure that its respective representatives are
authorised to exchange information at appropriate levels and are
adequately screened. 



Article 10

Privacy and Data Protection

1.	The Parties recognise that the appropriate and adequate handling and
processing of personal data they acquire from each other is of critical
importance to preserving confidence in the implementation of this
Agreement. 

2.	The Parties shall guarantee a level of protection for personal data
supplied by the other Party at least equivalent to that resulting from
the application of the principles contained in the Council of Europe
Convention of 28 January 1981 for the Protection of Individuals with
regard to Automatic Processing of Personal Data and subsequent
amendments thereto as well as in the principles laid down in the
Eurojust Decision and in the Eurojust rules of procedure on data
protection. 

3.	In respect of personal data exchanged pursuant to this Agreement, the
Parties shall ensure that 

	a)	the personal data are fairly and lawfully processed;

	b)	the personal data provided are adequate, relevant and not excessive
in relation to the specific purpose of the request or transfer as
defined in Article 8(2);

c)	the personal data are retained only so long as necessary for the
purpose for which the data were provided or further processed in
accordance with this Agreement; and

d)	possibly inaccurate personal data are timely brought to the attention
of the receiving Party in order that appropriate corrective action is
taken.

Article 11

Transmission of Special Categories of Personal Data

1.	Personal data revealing racial or ethnic origin, political opinions
or religious or other beliefs, trade union membership or concerning
health and sexual life may only be provided if they are strictly
necessary for a purpose set forth in Article 2 of this Agreement. 

2.	The Parties shall take adequate safeguards, in particular appropriate
security measures, in order to comply with the special sensitivity of
the categories of personal data mentioned in paragraph 1. 

’

Article 12

Right of access to personal data

1.	The data subject is entitled to have access to personal data
exchanged under this Agreement. Access is exercised in accordance with
the law applicable to the Party to which the request is submitted. That
Party shall ensure that its decision is communicated to the data subject
in a timely manner. Access to personal data shall be denied if providing
such access may jeopardise 

	a)	the purposes of the processing; 

b)	investigations or prosecution conducted by the competent authorities
in the former Yugoslav Republic of Macedonia  or by the competent
authorities in the Member States which Eurojust is assisting; 

	c)	the rights and freedoms of third parties. 

2.	The Party to which the request is submitted shall give the other
Party the opportunity to express its opinion as to the possible
existence of one of the grounds to deny access as set forth in paragraph
1. 

3.	This Article is without prejudice to any rights an individual may
have under the law applicable to the transmitting Party to seek release
of information from that Party, or other appropriate relief. 

Article 13

Right of correction, blockage and deletion of personal data

The data subject shall be entitled to request to the Party which has
processed data relating to him/her under this Agreement to correct,
block or delete those data if they are incorrect or incomplete or if
their collection, further processing or storage contravenes this
Agreement or the respective rules applicable to the Parties.

Where a Party becomes aware either via the request of the data subject,
via notification from the transmitting Party or via some other way that
information it has received from the other Party is not accurate, it
shall take all appropriate measures to safeguard against erroneous
reliance on such information, which may include supplementation,
deletion or correction of such information.

Where a Party becomes aware that information it possesses causes
significant doubt as to the accuracy of information received pursuant to
this Agreement, or an assessment made by the other Party of the accuracy
of information or the reliability of a source, it shall inform the other
Party thereof.

Article 14

Time limits for the storage of personal data

Personal data shall be stored only for so long as necessary for the
achievements of the purpose of this Agreement or for the purposes for
which the data were collected or further processed according to Article
2 of this Agreement.

Article 15

Data security

The Parties ensure that the necessary technical measures and
organisational arrangements are utilised to protect personal data
received under this Agreement against accidental or unlawful
destruction, accidental loss or unauthorised disclosure, alteration,
access or any unauthorised form of processing. The Parties in particular
ensure that only those authorised to access personal data can have
access to such data.



Article 16

Liability

The former Yugoslav Republic of Macedonia shall be liable, in accordance
with its national law, for any damage caused to an individual as a
result of legal or factual errors in data exchanged with Eurojust. The
former Yugoslav Republic of Macedonia shall not claim that Eurojust had
transmitted inaccurate data in order to avoid its liability under its
national legislation vis-à-vis an injured party.

Without prejudice to Article 24 of the Eurojust Decision, if legal or
factual errors occurred as a result of data erroneously communicated by
Eurojust or one of the Member States of the European Union or another
third state or third body, Eurojust shall be bound to repay, upon
request, the amounts paid as compensation under paragraph 1, unless the
data were used in breach of this Agreement. The provisions of this
paragraph shall also apply where the legal or factual errors occurred as
a result of failures on the part of Eurojust or one of the Member States
of the European Union or another third state or third body to comply
with its obligations.

In cases where Eurojust is obliged to repay to Member States of the
European Union or another third state or third body amounts awarded as
compensation for damages to an injured party, and the damages are due to
the former Yugoslav Republic of Macedonia  failure to comply with its
obligations under this Agreement, the former Yugoslav Republic of
Macedonia  shall be bound to repay on request the amounts which Eurojust
paid to a Member State or to another third state or third body to make
up for the amounts it paid in compensation.

The Parties shall not require each other to pay compensation for damages
under paragraphs 2 and 3 to the extent that the compensation for damages
was enforced as punitive, increased or other non-compensatory damages.

Article 17

Regular consultations

	The Parties shall consult each other regularly, and at least once a
year, on the implementation of the provisions of this Agreement. In
particular, regular exchanges of views shall take place with regard to
the implementation and further developments in the field of data
protection and data security. 

	To that end the Data Protection Officer of Eurojust and the Data
Protection Authority of the former Yugoslav Republic of Macedonia will
report to each other at least once a year on the state of implementation
of the data protection provisions of the Agreement.

Article 18

Oversight of implementation

	The execution and implementation of this Agreement by the Parties shall
be subject to oversight in accordance with their applicable law and
procedures. The Parties shall utilise their respective administrative,
judicial or supervisory bodies that will ensure an appropriate level of
independence of the oversight process.

Article 19

Expenses

	Without prejudice to Article 5(7), neither Party shall make any
pecuniary claim against the other Party for expenses arising out of the
execution of this Agreement. Should expenses of an extraordinary nature
arise out of the execution of this Agreement, the Parties may consult
with a view to determining the manner in which they shall be addressed. 

Article 20

Settlement of disputes

On request of either of them, the Parties shall promptly meet in order
to solve any dispute concerning the interpretation or application of
this Agreement or any question affecting the relationship between them.

If a dispute on the interpretation or application of this Agreement
cannot be resolved, the Parties may enter into negotiations on the
specific issue. 

Article 21

Amendments

This Agreement may be amended by mutual consent between the Parties in
written form at any time. Such amendment will enter into force after the
Parties have notified each other of the completion of their respective
internal requirements

The Parties shall enter into consultations with respect to the amendment
of this Agreement at the request of either party.

Article 22

Termination of this Agreement

This Agreement may be terminated by each Party within three months'
notice.

In case of termination, the Parties shall reach agreement under the
conditions set out in this Agreement on the continued use and storage of
the information that has already been communicated between them. If no
agreement is reached, either of the two Parties is entitled to request
deleting the information which has been communicated.

In any case, this Agreement will be terminated automatically, without
the intervention of the concerned Parties, on the day immediately
following the accession of the former Yugoslav Republic of Macedonia to
the European Union.

Article 23

Entry into force

	As soon as the Parties have complied with their legal requirements,
they shall notify each other in writing of the completion of the
internal procedures necessary for the entry into force of this
Agreement. The Agreement shall enter into force on the day following the
last notification.

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