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(1) The Union has set itself the objective of offering its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured. At the same time, the Union should ensure that that area remains a safe place. That objective can only be achieved by more effective, coordinated cooperation of the national and international law enforcement and judicial authorities and by means of appropriate measures to prevent and combat crime, including organised crime and terrorism.

(2) Achieving that objective is especially challenging where crime takes a cross-border dimension on the territory of two or more Member States and/or third countries. In such situations, Member States need to be able to join their forces and operations to allow for effective and efficient cross-border investigations and prosecutions, for which the exchange of information and evidence is crucial. One of the most successful tools for such cross-border cooperation is joint investigation teams (‘JITs’) that allow for direct cooperation and communication between the judicial and law enforcement authorities of two or more Member States and possibly third countries so that they can organise their actions and investigations in the most efficient manner. JITs are set up for a specific purpose and a limited period by the competent authorities of two or more Member States and possibly third countries, to carry out criminal investigations with a cross-border impact jointly.

(3) JITs have proven instrumental in improving judicial cooperation in relation to the investigation and prosecution of cross-border crimes, such as cybercrime, terrorism, and serious and organised crime, by reducing time-consuming procedures and formalities between JIT members. The increased use of JITs has also enhanced the culture of cross-border cooperation in criminal matters between judicial authorities in the Union.

(4) The Union acquis provides for two legal frameworks to set up JITs with the participation of at least two Member States: Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union and Council Framework Decision 2002/465/JHA . Third countries can be involved in JITs as Parties where there is a legal basis for such involvement, such as Article 20 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, signed in Strasbourg on 8 November 2001 and Article 5 of the Agreement on mutual legal assistance between the European Union and the United States of America .

(5) International judicial authorities play a crucial role in the investigation and prosecution of international crimes. Their representatives may participate in a particular JIT on invitation of the JIT members based on the relevant agreement setting up a JIT (‘JIT agreement’). Therefore, the exchange of information and evidence between national competent authorities and any other court, tribunal or mechanism that aims to address serious crimes of concern to the international community as a whole, in particular the International Criminal Court (ICC), should be facilitated as well. This Regulation should therefore provide access to the Information Technology (IT) platform (‘JITs collaboration platform’) for representatives of such international judicial authorities in order to enhance international cooperation in relation to the investigation and prosecution of international crimes.

(6) There is a pressing need for a collaboration platform for JITs to communicate efficiently and to exchange information and evidence in a secure manner in order to ensure that those responsible for the gravest crimes can be swiftly held responsible. That need is underlined by the mandate of the European Union Agency for Criminal Justice Cooperation (Eurojust) established by Regulation (EU) 2018/1727 of the European Parliament and of the Council , which was amended by Regulation (EU) 2022/838 of the European Parliament and of the Council , enabling Eurojust to preserve, analyse and store evidence relating to genocide, crimes against humanity, war crimes and related criminal offences and enabling the exchange of related evidence with competent national authorities and international judicial authorities, in particular the ICC.

(7) The existing legal frameworks at Union level do not set out how the entities that participate in a JIT are to exchange information and communicate. Those entities reach an agreement on such exchange and communication on the basis of needs and available means. To fight increasingly complex and fast-evolving cross-border crime, speed, cooperation and efficiency are crucial. However, there is currently no system to support the management of JITs, to allow for more efficient evidence searching and recording, and to secure the data exchanged between those involved in a JIT. There is an evident lack of dedicated secure and effective channels to which all those involved in a JIT could have recourse and through which they could promptly exchange large volumes of information and evidence or allow for secure and effective communication. Furthermore, there is no system to support either the management of JITs, including the traceability of evidence exchanged among those involved in a JIT in a manner that is compliant with legal requirements before national courts, or the planning and coordination of operations of a JIT.

(8) In light of the increasing possibilities of crime infiltrating IT systems, the current state of play could hamper the effectiveness and efficiency of cross-border investigations, as well as jeopardise and slow down such investigations and prosecutions due to the insecure and non-digital exchange of information and evidence, thereby making them more costly. The judicial and law enforcement authorities in particular need to ensure that their systems are as modern and as safe as possible and that all JIT members can connect and interact easily, independently of their national systems.

(9) It is important for JIT cooperation to be improved and supported by modern IT tools. The speed and efficiency of the exchanges between those involved in a JIT could be considerably enhanced by creating a dedicated IT platform to support the functioning of JITs. Therefore, it is necessary to lay down rules establishing a JITs collaboration platform at Union level in order to help those involved in a JIT to collaborate, securely communicate and share information and evidence.

(10) The JITs collaboration platform should only be used where there is, inter alia, a Union legal basis for the setting up of a JIT. For all JITs set up solely on international legal bases, the JITs collaboration platform should not be used, since it is financed by the Union budget and developed on the basis of Union legislation. However, where the competent authorities of a third country are a Party to a JIT agreement that has a Union legal basis as well as an international one, the representatives of the competent authorities of that third country should be considered to be JIT members.

(11) The use of the JITs collaboration platform should be on a voluntary basis. However, in view of its added value for cross-border investigations, its use is strongly encouraged. The use or non-use of the JITs collaboration platform should not prejudice or affect the legality of other forms of communication or exchange of information, nor should it change the way in which the JITs are set up, are organised or function. The establishment of the JITs collaboration platform should not have an impact on the underlying legal bases for the setting up of JITs, nor should it affect the applicable national procedural legislation regarding the collection and use of the obtained evidence. Officials from other national competent authorities, such as customs, where they are members of JITs set up pursuant to Framework Decision 2002/465/JHA, should be able to have access to the JIT collaboration spaces. The JITs collaboration platform should only provide a secure IT tool to improve cooperation, accelerate the flow of information between its users and increase the security of the data exchanged and the effectiveness of the JITs.

(12) The JITs collaboration platform should cover the operational and post-operational phases of a JIT from the moment that the relevant JIT agreement is signed until the JIT evaluation has been completed. Due to the fact that the actors participating in the JIT set-up process are different from the actors who are members of a JIT once it is established, the process of setting up a JIT, especially the negotiation of the content and the signature of the JIT agreement, should not be managed through the JITs collaboration platform. However, given the need for an electronic tool to support the process of signing a JIT agreement, it is important for the Commission to consider covering that process by the e-Evidence Digital Exchange System (eEDES), which is a secure online portal for electronic requests and responses developed by the Commission.

(13) For each JIT that uses the JITs collaboration platform, the JIT members should be encouraged to conduct an evaluation of the JIT, either during the operational phase of the JIT or following its closure, using the tools provided for by the JITs collaboration platform.