European Ministers of Justice formally adopted on Thursday 6 June the EU Council Decision authorising the European Commission to open negotiations for an EU-US agreement on cross-border access to e-evidence for the purpose of judicial cooperation in criminal matters (see EUROPE 12187/2).
"I would ideally like to start the talks with the American Attorney General, Mr Barr, on the 19th of June, hopefully in Bucharest", said the European Commissioner for Justice, Věra Jourová, upon her arrival at the meeting. At a press conference, she assured that her American counterpart was also ready to launch negotiations.
"During the negotiations the Commission will insist on an EU-wide approach covering all Member states without fragmentation or discrimination", she added. The Commissioner hopes to convince US authorities to derogate, for the EU, from the provisions of the American ‘CLOUD Act’, which only allow bilateral agreements with foreign governments.
The negotiating mandate underlines that the agreement will have to be compatible with EU legislation on electronic evidence. In addition, Věra Jourová said that the Commission intended to have the European rules on e-evidence adopted, which were still being examined by the European Parliament, before finalising the international negotiations.
The mandate also makes it clear to the Commission that the EU Council wishes to be closely involved in these negotiations. The text also specifies that the Commission will have to report to the EU Council on the progress and results of each negotiating session (see EUROPE 12259/6).
At the meeting, which was held in camera, the Netherlands and Slovakia also reportedly reiterated their opposition to the inclusion of real-time data interception in the scope of negotiations, a European source said. In its general approach on the 'e-evidence' Regulation (see EUROPE 12155/6), the EU Council had not included the interception of real-time data. But the American ‘CLOUD Act’ includes it.
The Member States would also have stressed the need for the agreement to provide for sufficient protection and guarantees of rights. The Netherlands would have placed particular emphasis on the principle of reciprocity in access to e-evidence on both sides of the Atlantic and under the same conditions.
On the same day, Ministers also adopted the decision authorising the Commission to participate, on behalf of the EU, in the negotiations on the Second Additional Protocol at the Council of Europe’s Convention on Cybercrime. (Original version in French by Marion Fontana)