The Committee on Legal Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

The Committee on Legal Affairs recommended the European Parliament to approve the Council draft aiming to formalise the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM), for which the Committee on Legal Affairs is responsible.

The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

The explanatory statement accompanying the report highlighted a provision which is particularly worthy of attention is Article 3(5) of the MoU, whereby the exchange of information or experience provided for in this MoU shall not include the transmission of operational information including data relating to an identified or identifiable person. The Rapporteur fully endorsed this approach and called on the Council to be vigilant of the implementation in practice of the data protection guarantee.

Another interesting provision is Article 6 on settlement of disputes which: (i) stipulates that disputes related to the interpretation or application of the MoU must be settled by means of consultations and negotiations between representatives of Eurojust and OHIM, thus excluding the arbitration of any third party; (ii) lays down that in the event of serious failing to comply with the provisions of the MoU, or if Eurojust or OHIM is of the view that such failing may occur in the near future, either of them may suspend the application of the MoU temporarily, pending the consultations and negotiations.

The European Parliament adopted by 571 votes to 59, with 56 abstentions, a legislative resolution on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

Parliament approved the Council draft under the Parliament’s consultation procedure.

To recall, the draft implementing decision in question formalises the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM). The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

PURPOSE: to approve the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

PROPOSED ACT: Council Implementing Decision.

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

BACKGROUND: Decision 2002/187/JHA provides that Eurojust may conclude agreements or working arrangements with the institutions, bodies and agencies set up by, or on the basis of, the Treaties. Such agreements or working arrangements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers to Eurojust. Such agreements or working arrangements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council.

In order to strengthen its capacity to work with the Office for Harmonisation in the Internal Market established by Council Regulation (EC) No 207/2009, Eurojust has negotiated a Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

The Memorandum was approved by the College of Eurojust on 19 May 2015.

CONTENT: in accordance with the draft implementing Decision, Eurojust is authorised to conclude the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

Denmark, the United Kingdom and Ireland shall take part in the adoption and application of this Decision.