The Eurojust Regulation provides a general obligation for Member States to provide Eurojust with any information it requires to carry out its task of facilitating judicial cooperation and coordination. Within this obligation, specific conditions apply regarding the type of information that should be transmitted by the competent authorities, and how and when it should be transmitted. In particular, Member States’ authorities are requested to promptly inform their National Members at Eurojust without undue delay of information relating to criminal cases and investigations which concern them, and where the information in question relates to the following:
- the setting up of joint investigation teams (JITs) and of the resulting work of such JITs;
- cases in which conflicts of jurisdiction have arisen or are likely to arise;
- controlled deliveries affecting at least three countries including at least two Member States; and
- repeated difficulties or refusals regarding the execution of requests for, or decisions on, judicial cooperation.
Additionally, Member States are required to inform their National Members at Eurojust of cases which affect at least three Member States and for which requests for or decisions on judicial cooperation have been transmitted to at least two Member States. Inter alia, the offence involved should be punishable by a maximum custodial or detention order sentence of at least five or six years, and relate to the following crimes types: trafficking in human beings, sexual abuse or sexual exploitation, drug trafficking, illicit trafficking in firearms, corruption, crime against the financial interests of the European Union, forgery of money or means of payment, money laundering activities and cybercrime.
However, national authorities are not obliged to supply information in a particular case if doing so threatens to jeopardise essential national security interests or the safety of individuals, or to prejudice conditions set out in other bilateral or multilateral agreements.