Creation of the JIT collaboration spaces
1. Where a JIT agreement provides for the use of the JITs collaboration platform in accordance with this Regulation, a JIT collaboration space shall be created within the JITs collaboration platform for each JIT.
2. The relevant JIT agreement shall provide for the competent authorities of Member States and the EPPO to be granted access to the relevant JIT collaboration space and may provide for competent Union bodies, offices and agencies, competent authorities of third countries which have signed the agreement and representatives of international judicial authorities to be granted access to that JIT collaboration space. The relevant JIT agreement shall provide for the rules for such access.
3. The relevant JIT collaboration space shall be created by the JIT space administrator or administrators, with the technical support of eu-LISA.
4. If JIT members decide not to use the JITs collaboration platform upon signing the JIT agreement, but agree to start using the JITs collaboration platform over the course of the relevant JIT, that JIT agreement, where it does not provide for that possibility, shall be amended and paragraphs 1, 2 and 3 shall apply. In the event that JIT members agree to stop using the JITs collaboration platform over the course of the JIT, the relevant JIT agreement shall be amended if that possibility was not already included in that JIT agreement.
Designation and role of the JIT space administrator
1. If the use of the JITs collaboration platform is provided for in the JIT agreement, one or more JIT space administrators from among the Member States’ JIT members or an EPPO JIT member shall be designated in that JIT agreement.
2. The JIT space administrator or administrators shall manage the access rights of the JITs collaboration platform users to the relevant JIT collaboration space, in accordance with the relevant JIT agreement.
3. A JIT agreement may provide for the JITs Network Secretariat to have access to a JIT collaboration space for the purpose of technical and administrative support, as well as for the purpose of technical, legal and administrative support for the management of access rights. In such situations, as agreed by the JIT members, the JIT space administrator or administrators shall grant the JITs Network Secretariat access to that JIT collaboration space.
Access to the JIT collaboration spaces by Member States’ competent authorities and the European Public Prosecutor’s Office
In accordance with the relevant JIT agreement, the JIT space administrator or administrators shall grant access to a JIT collaboration space to the Member States’ competent authorities which are designated in that JIT agreement and to the EPPO where it is designated in that JIT agreement.
Access to the JIT collaboration spaces by competent Union bodies, offices and agencies
In accordance with the relevant JIT agreement, the JIT space administrator or administrators shall grant access, to the extent necessary, to a JIT collaboration space to:
(a)
Eurojust, for the purpose of fulfilling its tasks set out in Regulation (EU) 2018/1727;
(b)
Europol, for the purpose of fulfilling its tasks set out in Regulation (EU) 2016/794;
(c)
OLAF, for the purpose of fulfilling its tasks set out in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 16 ) ; and
(d)
other competent Union bodies, offices and agencies, for the purpose of fulfilling tasks set out in the relevant legal acts establishing them.
Access to the JIT collaboration spaces by the competent authorities of third countries
1. In accordance with the relevant JIT agreement, and for the purposes listed in Article 5, the JIT space administrator or administrators shall grant access to a JIT collaboration space to the competent authorities of third countries which have signed that JIT agreement.
2. Whenever Member States’ JIT members and the EPPO JIT member, when it participates in the relevant JIT, upload operational data to a JIT collaboration space for it to be downloaded by a third country, the relevant Member States’ JIT member or the EPPO JIT member shall verify that the data they have respectively uploaded are limited to what is required for the purposes of the relevant JIT agreement and that those data comply with the conditions laid down therein.
3. Whenever a third country uploads operational data to a JIT collaboration space, the JIT space administrator or administrators shall verify that such data are limited to what is required for the purposes of the relevant JIT agreement and that those data comply with the conditions laid down therein, before it can be downloaded by other users of the JIT collaboration space.
4. Member States’ competent authorities shall ensure that their transfers of personal data to third countries that have been granted access to a JIT collaboration space only take place where the conditions laid down in Chapter V of Directive (EU) 2016/680 are met.
5. Union bodies, offices and agencies shall ensure that their transfers of personal data to third countries that have been granted access to a JIT collaboration space take place only where the conditions laid down in Chapter IX of Regulation (EU) 2018/1725 are met, without prejudice to data protection rules applicable to such Union bodies, offices or agencies in the relevant legal acts establishing them, where such rules impose specific conditions for data transfers.
6. The EPPO, when acting in accordance with its competences as provided for in Articles 22, 23 and 25 of Regulation (EU) 2017/1939, shall ensure that its transfers of personal data to third countries that have been granted access to a JIT collaboration space take place only when the conditions laid down in Articles 80 to 84 of that Regulation are met.
Access to the JIT collaboration spaces by representatives of international judicial authorities who participate in a JIT
1. For the purposes listed in Article 5, the JIT space administrator or administrators shall, where provided for in the JIT agreement, grant access to a JIT collaboration space to the representatives of international judicial authorities who participate in the relevant JIT.
2. The JIT space administrator or administrators shall verify and ensure that the exchanges of operational data with representatives of international judicial authorities that have been granted access to a JIT collaboration space are limited to what is required for the purposes of the relevant JIT agreement and that those data comply with the conditions laid down therein.
3. Member States shall ensure that their transfers of personal data to representatives of international judicial authorities that have been granted access to a JIT collaboration space only take place where the conditions laid down in Chapter V of Directive (EU) 2016/680 are met.
4. Union bodies, offices and agencies shall ensure that their transfers of personal data to representatives of international judicial authorities that have been granted access to a JIT collaboration space take place only where the conditions laid down in Chapter IX of Regulation (EU) 2018/1725 are met, without prejudice to data protection rules applicable to such Union bodies, offices or agencies in the relevant legal acts establishing them, where such rules impose specific conditions for data transfers.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
