The European Parliament adopted by 555 votes to 20, with 29 abstentions, following the consultation procedure, a legislative resolution on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on cooperation between Eurojust and Georgia.

The European Parliament approved the Council's draft.

The Committee on Civil Liberties, Justice and Home Affairs adopted, following the consultation procedure, the report by Sylvia-Yvonne KAUFMANN (S&D, DE) on the draft Council implementing decision approving the conclusion by Eurojust of the agreement on cooperation between Eurojust and Georgia.

The committee responsible recommended that the European Parliament approve the Council's draft.

The Eurojust-Georgia Cooperation agreement follows the model of similar agreements concluded by Eurojust in the past (for example, Eurojust-FYROM, Eurojust-US, Eurojust-Norway, Eurojust-Switzerland, and most recently Eurojust-Albania). The purpose of such agreements is to foster cooperation as regards combating serious crime, especially organised crime and terrorism.

They provide, inter alia , for liaison officers, contact points and exchange of information. Such cooperation agreements are based on Article 26a(2) of the Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime.

The explanatory memorandum accompanying the report recalled that the European Commission stated, in its Visa Suspension Mechanism Report, that organised criminal groups from Georgia are still reported as one of the most frequently represented non-EU nationalities involved in serious and organised crime in the EU. Georgian OCGs are highly mobile, are mainly involved in organised property crime (particularly organised burglaries and thefts) and especially active in France, Greece, Germany, Italy and Spain. Georgia remains a transit country for various illicit commodities trafficked to the EU, in particular drugs.

Georgia ratified in 2005 the Council of Europe Convention of 28 January 1981 as well as in 2014 its Additional protocol.

On 19 April 2018, the Joint Supervisory Body of Eurojust gave a positive opinion on the provisions of the Agreement concerning data protection. However, it stated that Article 17 (Data Security) of the draft agreement does not foresee the communication of personal data breaches between the parties. Therefore, the JSB recommends Eurojust to consider this element in the framework of the regular consultation meetings with Georgian counterparts as foreseen by Article 20 of the draft agreement, especially taking into account the relevant provisions in the Police Directive. Furthermore, the JSB invites Eurojust to include such provision in future cooperation agreements with third parties and states.

Such a statement is supported by the rapporteur.

PURPOSE: to approve the conclusion by Eurojust of the Agreement on cooperation between Eurojust and Georgia.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being required to follow its opinion.

BACKGROUND: Decision 2002/187/JHA provides that Eurojust may conclude agreements with third countries and organisations. Such agreements may cover the exchange of information, including personal data, and the secondment of liaison officers or magistrates to Eurojust. Such agreements may be concluded only after consultation by Eurojust of the Joint Supervisory Body with regard to the provisions on data protection and after approval by the Council.

To strengthen its capacity to work with Georgia, Eurojust has negotiated an agreement on cooperation between Eurojust and Georgia.

Georgia has ratified the Council of Europe Convention and the Additional Protocol regarding supervisory authorities and transborder data flows. The Joint Supervisory Body of Eurojust has delivered a positive opinion on the data protection provisions of the Agreement. The agreement was approved by the College of Eurojust on 20 September 2018.

CONTENT: by virtue of this draft Council Implementing Decision, Eurojust would be authorised to conclude the Agreement on cooperation between Eurojust and Georgia .

The agreement includes provisions on the exchange of personal data.

Denmark, the United Kingdom and Ireland are participating in the adoption and implementation of the Decision.