Legislation on JIT’s Collaboration Platform Passed
8 August 2023
Simon Haupt

After approval by the European Parliament and the Council, Regulation (EU) 2023/969 on establishing a collaboration platform to support the functioning of joint investigation teams and amending Regulation (EU) 2018/1726 was published in the Official Journal L 132/1 of 17 May 2023. The legislative proposal was tabled by the European Commission in January 2022 (→ eucrim 4/2021, 204).

The responsibility for designing, developing, and operating the platform will be entrusted to eu-LISA, the EU agency responsible for the operational management of large-scale IT systems in the area of freedom, security, and justice. The platform aims to facilitate and improve the day-to-day coordination and management of joint investigation teams (JITs). JITs are set up by two or more States for specific criminal investigations with a cross-border impact and for a limited period of time. The platform will be connected to the authorities participating in the JITs in order to ensure electronic exchange of information and evidence and electronic communication. Use of the platform is not mandatory, but strongly encouraged by the Union legislator.

The platform should also support the European authorities Europol, Eurojust, OLAF, EPPO and other competent Union bodies, offices and agencies or representatives of an international judicial authority that participate in a JIT. They will have access to the platform to the extent necessary for the performance of the tasks set out in the relevant legal acts establishing them, albeit limited to duly authorized staff members.

A cautious approach was finally chosen for the inclusion of customs officials. They can have access to the JIT collaboration spaces, if they are members of JITs set up pursuant to Framework Decision 2002/465/JHA. Germany had lobbied strongly for extending the scope to customs, especially in the Council.

The Regulation entered into force on 6 June 2023. The operational start of the platform will be determined by the Commission. A respective decision should be taken no later than 7 December 2025.

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Simon Haupt

Simon Haupt has been intern at the Max Planck Institute for the Study of Crime, Security and Law (7/2023-8/2023)

Leipzig University

law student and student assistant at the Chair of Prof. Elisa Hoven (chair for German and Foreign Criminal Law, Criminal Procedural Law, Economic Criminal Law and Media Criminal Law)