Judicial cooperation – Joint investigation teams collaboration platform

SUMMARY OF:

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

WHAT IS THE AIM OF THE REGULATION?

It aims to make it easier for prosecutors and judges, working together in joint investigation teams (JITs), to exchange information and bring criminals to justice. It does so by:

establishing a digital platform (the JITs collaboration platform) for use on a voluntary basis;
allocating responsibilities between the platform’s users and the agency running it;
setting out the conditions under which users are granted access;
laying down specific data protection rules.

KEY POINTS

The platform has:

a centralised information system for temporary central data storage;
software for secure communication;
connections and relevant IT tools to support JITs.

The platform facilitates:

coordination and management of JITs – teams created by two or more European Union (EU) Member States for specific criminal, time-limited investigations;
rapid and secure exchange and temporary storage of operational data;
secure communications for instant messaging, chats and audio- and videoconferencing;
traceability of exchanges of evidence;
evaluations of JITs.

Responsibilities

The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA):
- designs, develops and operates the platform;
- monitors the platform’s development and provides regular technical statistics;
- reports to the European Parliament and the Council of the European Union once the platform is finalised;
- submits an annual report to the European Commission, no later than 2 years after the platform starts operating, on its technical performance.
Member States:
- ensure their competent authorities can technically access the platform;
- enable their platform users to have access to training courses.
Eurojust, Europol, the European Public Prosecutor’s Office, OLAF and other competent EU bodies, offices and agencies ensure they can access the platform.
The JITs Network Secretariat:
- provides administrative, legal and technical support and day-to-day guidance and assistance;
- designs and offers training courses;
- enhances a culture of cross-border cooperation;
- submits an annual report on ways to improve the platform;
- the Programme Management Board, established by eu-LISA’s Management Board, ensures adequate management of the platform’s design and development phase;
- an Advisory Group, established by eu-LISA, provides the necessary expertise;
- JIT space administrators grant access to the platform to EU and non-EU authorities and EU bodies, offices and agencies and international judicial authorities under certain conditions.

Security

eu-LISA:
- ensures a high level of cybersecurity;
- prevents unauthorised access;
- adopts security, business continuity and disaster recovery plans;
- works with the Computer Emergency Response Team for the EU institutions, bodies and agencies;
- maintains a technical log detailing access to the platform and all data processing operations.

Data protection

Operational data are:
- stored in the centralised information system until all JIT users download it;
- erased automatically and permanently once downloaded.
Non-operational data are:
- stored for a maximum of 5 years if evaluation of a completed JIT is envisaged;
- erased automatically if no evaluation is to take place.
National and European authorities using the platform are considered data controllers according to EU rules; a JIT administrator fulfils this role for non-EU and international judicial authorities.
Data in the platform may only be used for the relevant JIT.
Access to the platform is limited to authorised officials.

The Commission:

adopts the necessary implementing acts;
provides an overall evaluation of the platform to the European Parliament and the Council every 4 years on the basis of the annual reports it receives from eu-LISA;
determines when the platform starts operating (this should be no later than 7 December 2025).

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 6 June 2023.

BACKGROUND

Joint investigation teams have existed since 2002, but have faced technical difficulties, such as secure exchange of electronic information. A dedicated IT platform will overcome these problems.

For further information, see:

Joint investigation teams (JITs) collaboration platform (European Commission)
Joint investigation teams (Eurojust)
Joint investigation teams – JITs (Europol).

MAIN DOCUMENT

Regulation (EU) 2023/969 of the European Parliament and of the Council of 10 May 2023 establishing a collaboration platform to support the functioning of joint investigation teams and amending Regulation (EU) 2018/1726 (OJ L 132, 17.5.2023, pp. 1–20).