#32026G02439Council Resolution amending the model agreement for Joint Investigation Teams
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This law updates the standard agreement used to set up Joint Investigation Teams so it matches the EU’s secure collaboration platform for cross-border criminal investigations. The main change is a new clause on how teams use the platform, who gets access, who manages user rights, and who acts as data controller when personal data is shared with third countries or international judicial authorities. It affects Member State authorities, the EPPO, Eurojust, Europol, OLAF, and non-EU partners that join a JIT. In practice, agencies setting up new JITs should use the revised model agreement and make sure access lists, administrator names, and data-control roles are filled in and kept up to date.
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Key Changes
- Adds a new rule for using the JIT collaboration platform in JIT agreements.
- Sets out who can access the platform, including Member States, EU bodies, third countries, and international judicial authorities.
- Requires teams to name platform administrators, list users, and assign data-controller roles for personal data exchanges with third countries or international judicial authorities.
Obligations
What this law requires
Parties setting up a Joint Investigation Team should use the revised Model Agreement, including the new Article 12, where appropriate, to agree the modalities for using the JITs Collaboration Platform.
JIT parties must grant access to the JIT collaboration space only to the entities listed in Article 12(1), and only to the extent necessary for the fulfilment of their roles in the JIT.
If an entity withdraws from the JIT agreement before expiry, it must notify the JIT space administrator(s) without delay so that its access to the JIT collaboration space can be deactivated promptly.
The parties must designate one or more JIT space administrators and complete the administrator details in the agreement, including name, position/rank, authority/agency, Member State/EPPO, and business email address.
If a designated JIT space administrator cannot carry out their duties, the competent JIT leader must designate a replacement without delay and provide written notification to all concerned parties and the other JIT space administrator(s), with the notification annexed to the agreement.