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Article 105 | Relations with Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO
1. The working arrangements referred to in Article 99(3) with the authorities of Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO may in particular, concern the exchange of strategic information and the secondment of liaison officers to the EPPO.
See the Working Arrangement concluded between the EPPO and the Office of the Prosecutor General of Hungary.
On the transfer of personal data to competent authorities of non-participating Member States cf. Art. 10 of College Decision 009/2020. Contrary to the assumption apparently underlying Article 10 of College Decision 009/2020, it is rather questionable, that Art. 99 EPPO-Reg. can serve as a legal basis for the transfer of personal data. The Regulation rather contains specific provisions in this respect in Art. 105. Moreover, paragraph 3 of Article 99 specifically excludes the exchange of personal data from the scope of working arrangements concluded for the purpose of paragraphs 1 and 2.
2. The EPPO may designate, in agreement with the competent authorities concerned, contact points in the Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO in order to facilitate cooperation in line with the EPPO’s needs.
3. In the absence of a legal instrument relating to cooperation in criminal matters and surrender between the EPPO and the competent authorities of the Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO, the Member States shall notify the EPPO as a competent authority for the purpose of implementation of the applicable Union acts on judicial cooperation in criminal matters in respect of cases falling within the competence of the EPPO, in their relations with Member States of the European Union which do not participate in enhanced cooperation on the establishment of the EPPO.
See the Presidency Report, presented to the Justice Ministers Council meeting on 2 December 2020, on relations of the EPPO with the Member States which do not participate in the enhanced cooperation as set out in Council doc 13147/1/20 REV1.
Declarations made by Member States in respect of the application of certain EU instruments on mutual recognition are published by the EJN – see e.g. on the EIO Directive (EU) 2014/41 regarding the European Investigation Order on → www.ejn-crimjust.europa.eu
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