Proposal for a Regulation of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation - General approach - Hoofdinhoud

Document­datum	25-11-2022
Publicatie­datum	26-11-2022
Kenmerk	15139/22
Van	2021/0394(COD)
Externe link	origineel bericht
Originele document in PDF

Council of the European Union Brussels, 25 November 2022 (OR. en)

15139/22 Interinstitutional File:

2021/0394(COD) i LIMITE

EJUSTICE 91 JURINFO 13 JAI 1531 JUSTCIV 158 CODEC 1819 COPEN 404

NOTE

From: Presidency

To: Coreper/Council

No. Cion doc.: 14850/21

Subject: Proposal for a Regulation of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in crossborder civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

• - 

  General approach

Delegations will find below the Presidency compromise text for the proposal for a Regulation of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation.

The changes from the initial Commission proposal are indicated in bold for the additions and bold strikethrough for deletions.

This text will be transmitted to Coreper and Council for endorsement as a general approach.

ANNEX

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article

81(2)(e) and (f), and Article 82(1)(d) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

• (1) 

  In its 2 December 2020 Communication on the digitalisation of justice in the EU 1 the

  Commission identified the need to modernise the legislative framework of the Union’s cross-border procedures in civil, commercial and criminal law, in line with the “digital by default” principle, while ensuring all necessary safeguards to avoid social exclusion.

1 Communication from the Commission to the European Parliament, the Council, the

European Economic and Social Committee and the Committee of the Regions. Digitalisation of justice in the European Union. A toolbox of opportunities, COM (2020) 710 final i.

• (2) 

  Facilitating access to justice for natural and legal persons, and facilitating judicial cooperation between the Member States are among the main objectives of the area of freedom, security and justice enshrined in Title V of Part Three of the Treaty on the Functioning of the European Union.

• (3) 

  For the purposes of enhancing judicial cooperation and access to justice, legal acts of the

  Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons in civil and commercial matters, should be complemented by conditions for conducting such communication through digital means.

• (4) 

  This Regulation seeks to improve the effectiveness and speed of judicial procedures and facilitate access to justice by digitalising the existing communication channels, which should lead to cost and time savings, reduction of the administrative burden, and improved

  resilience in force majeure circumstances for all authorities involved in cross-border judicial cooperation. The use of digital channels of communication between competent authorities should lead to reduced delays in processing of the cases, which should benefit individuals and legal entities. This is also particularly important in the area of cross-border criminal proceedings in the context of the Union’s fight against crime. In this regard, the high level of security that digital channels of communication can provide constitutes a step forward, also with respect to safeguarding the rights of the persons concerned and protection of their privacy and personal data.

• (5) 

  It is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, an

  information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case-related data among competent authorities.

• (6) 

  There are tools which have been developed for the digital exchange of case-related data, without replacing or requiring costly modifications to the existing IT systems already

  established in the Member States. The e-Justice Communication via On-line Data Exchange (e-CODEX) system is the main tool of this type developed to date.

• (7) 

  Establishing digital channels for cross-border communication should contribute directly to improving access to justice, by enabling natural and legal persons to seek the protection of their rights and ascertain their claims, initiate proceedings, exchange case-related data in

  digital form with judicial or other competent authorities, in procedures falling under the scope of Union law in the area of civil and commercial matters.

• (8) 

  This Regulation should cover the digitalisation of written communication in cases with cross-border implications falling under the scope of the Union legal acts in civil, commercial and criminal matters. These acts should be listed in Annexes to this Regulation. Written communication Communication between competent authorities and Union agencies and bodies, such as Eurojust, where provided for by the legal acts listed in the Annex II, or the European Public Prosecutor Office where competent under the legal acts listed in Annex II, should also be covered by this Regulation. Where insolvency practitioners are competent under national law to receive claims lodged by a foreign creditor in

  insolvency proceedings under Regulation 2015/848, they should be considered as competent authorities within the meaning of this Regulation.

(8-a) At the same time, whether Whether a case is to be considered a matter with cross-border implications, should be determined under the legal acts listed in Annex Annexes I and

Annex II to this Regulation. Where the instruments listed in Annexes I and Annex II to this Regulation explicitly state that national law should govern a communication procedure between competent authorities, this Regulation should not apply.

(8a) The obligations under this Regulation do not apply to oral communication such as by phone or in person.

• (9) 

  This Regulation should not apply to service of documents pursuant to Regulation (EU)

  2020/1784 of the European Parliament and of the Council 2 and Regulation (EC) No 1393/2007 of the European Parliament and of the Council 3 , nor to the taking of evidence pursuant to Regulation (EU) 2020/1783 of the European Parliament and of the Council 4 and Council Regulation (EC) No 1206/2001 i 5 , which already prescribe their own rules on digitalisation of judicial cooperation. However, in order to enhance electronic service of documents to be effected directly on a person who has a known address for service in another Member State, certain amendments are introduced to Regulation (EU) 2020/1784 of the European Parliament and of the Council 6 .

2 Regulation (EU) 2020/1784 of the European Parliament and of the Council of

25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405, 2.12.2020, p. 40).

3 Regulation (EC) No 1393/2007 i of the European Parliament and of the Council of

13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 i (OJ L 324, 10.12.2007, p. 79).

4 Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in

civil or commercial matters (taking of evidence) (recast) (OJ L 405, 2.12.2020, p. 1). 5 Council Regulation (EC) No 1206/2001 i of 28 May 2001 on cooperation between the

courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).

6 Regulation (EU) 2020/1784 of the European Parliament and of the Council of

25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast) (OJ L 405, 2.12.2020, p. 40).

• (10) 

  In order to ensure secure, swift, interoperable, confidential and reliable communication between Member States for the purposes of cross-border judicial procedures in civil,

  commercial and criminal matters, any appropriate modern communications technology should be used, provided that certain conditions as to the integrity and reliability of the document received and the identification of the participants in the communication are met. Therefore, a secure and reliable decentralised IT system should be used. Accordingly, it is necessary to establish such an IT system for data exchanges in cross-border judicial procedures. The decentralised nature of that IT system would enable secure data exchanges exclusively between one Member State and another competent authorities, without any of the Union institutions being involved in the substance of those exchanges.

• (11) 

  The decentralised IT system should be comprised of the back-end systems of Member States and the Union agencies and bodies, and interoperable access points, through which they are interconnected. The access points of the decentralised IT system should be based on

  e-CODEX.

• (12) 

  For the purposes of this Regulation, Member States should be able to could use instead of a national IT system a software developed by the Commission (reference implementation software) instead of a national IT system. This reference implementation software

  should be based on a modular setup, meaning that the software is packaged and delivered separately from the e-CODEX components needed to connect it to the decentralised IT system. This setup should enable Member States to reuse or enhance their existing national judicial communication infrastructures for the purpose of crossborder use. For matters relating to maintenance obligations, Member States could also use a software developed by the Hague Conference on Private International Law (iSupport).

(12a) The Commission should be responsible for the creation, maintenance and development of this reference implementation software in accordance with the principles of data protection by design and by default. The Commission should design, develop and maintain the

reference implementation software in compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council 7 and, Regulation (EU) 2016/679 of the European Parliament and of the Council 8 , and Directive (EU) 2016/680 of the European Parliament and of the Council 9 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. The reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. In order to ensure interoperability with national IT systems, the reference implementation software should be able to implement the digital procedural standards, as defined in Regulation (EU) 2022/850, for the corresponding legal instruments listed in Annexes I and II.

7 Regulation (EU) 2018/1725 of the European Parliament and of the Council of

23 October 2018 on the protection of natural persons with regard to the processing of

personal data by the Union institutions, bodies, offices and agencies and on the free

movement of such data and repealing Regulation (EC) No 45/2001 i and Decision

No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

8 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016

on the protection of natural persons with regard to the processing of personal data and on the

free movement of such data and repealing Directive 95/46/EC i (General Data Protection

Regulation) (OJ L 119, 4.5.2016, p. 1).

9 Directive (EU) 2016/680 of the European Parliament and of the Council of

27 April 2016 on the protection of natural persons with regard to the processing of

personal data by competent authorities for the purposes of the prevention,

investigation, detection or prosecution of criminal offences or the execution of criminal

penalties, and on the free movement of such data, and repealing Council Framework

Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

• (13) 

  In order to provide swift, secure and efficient assistance to applicants, written communication between competent authorities, such as courts and Central Authorities established under Council Regulation (EC) 4/2009 i 10 and Council Regulation (EU) 2019/1111 11 , should, as a rule, be carried out through the decentralised IT system. In exceptional cases, other means of communication may be used if those are found to be more appropriate for the purposes of ensuring flexibility. However, the decentralised IT system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in Annex I and Annex II to this Regulation.

• (14) 

  Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital

  means impracticable, such as the transmission of physical/material evidence or the need to transmit the original document in paper format to assess its authenticity or in exceptional circumstances, such as the conversion of voluminous documentation into electronic form, imposing a disproportionate administrative burden on the sending competent authority. Where the decentralised IT system is not used, communication should be carried out by the most appropriate alternative means. Such alternative means should entail, inter alia, transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or by postal service.

10 Council Regulation (EC) No 4/2009 i of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1–79).

11 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).

• (15) 

  For the purposes of ensuring the flexibility of judicial cooperation in certain cross-border judicial procedures, other means of communication could be more appropriate. In particular, this may could be appropriate for direct communication between courts under Regulation (EU) 2019/1111 and Regulation (EU) 2015/848 of the European Parliament and of the

  Council 12 , as well as direct communication between competent authorities under the Union legal acts in criminal matters under Council Framework Decisions 2005/214/JHA 13 , 2006/783/JHA 14 , 2008/909/JHA 15 , 2008/947/JHA 16 , 2009/829/JHA 17 , Directive 2014/41/EU 18 or Regulation (EU) 2018/1805 19 allowing for the communication between the competent authorities to be carried out by any means or any appropriate means. In such cases, less formal communication means, such as e-mail, could be used. This could also be the case when the competent authorities need direct personal communication. Considering that competent authorities deal with sensitive data, the aspects of security and reliability of the information exchange should always be taken into account when selecting the appropriate means of communication.

12 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).

13 Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16–30).

14 Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328, 24.11.2006,

• p. 

  59–78). 15 Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of

the principle of mutual recognition to judgments in criminal matters imposing

custodial sentences or measures involving deprivation of liberty for the purpose of

their enforcement in the European Union (OJ L 327, 5.12.2008, p. 27–46).

16 Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of

the principle of mutual recognition to judgments and probation decisions with a view

to the supervision of probation measures and alternative sanctions (OJ L 337,

16.12.2008, p. 102–122).

17 Council Framework Decision 2009/829/JHA of 23 October 2009 on the application,

between Member States of the European Union, of the principle of mutual recognition

to decisions on supervision measures as an alternative to provisional detention (OJ L

294, 11.11.2009, p. 20–40).

18 Directive 2014/41 i/EU of the European Parliament and of the Council of 3 April 2014

regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014,

• p. 

  1–36).

19 Regulation (EU) 2018/1805 of the European Parliament and of the Council of

14 November 2018 on the mutual recognition of freezing orders and confiscation

orders (OJ L 303, 28.11.2018, p. 1).

• (16) 

  In relation to the components of the decentralised IT system, which are under the responsibility of the Union, in accordance with Regulation (EU) 2022/850 of the European Parliament and of the Council 20 , the entity managing the system’s components, should have sufficient resources in order to ensure their proper functioning.

• (17) 

  For the purpose of facilitating access of natural and legal persons to the competent authorities in civil and commercial matters, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons should be able to file claims, launch requests, send and, receive and store procedurally relevant information and communicate with the competent authorities in the instances covered by this Regulation or be served with judicial or extrajudicial documents, for cases covered by this Regulation. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union.

• (18) 

  Member States should be responsible for the establishment, maintenance and development of national electronic portals (national IT portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I.

20 Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for the cross-border electronic exchange of data in the area of

judicial cooperation in civil and criminal matters (e-CODEX system) and amending Regulation (EU) 2018/1726 (OJ L 150, 1.6.2022, p. 1).

• (19) 

  In the context of the communication in cross-border cases of natural and legal persons with competent authorities in civil and commercial matters, electronic communication should be used as an alternative to the existing means of communication, including national ones , without affecting how natural or legal persons communicate with their national

  authorities, in accordance with national law. Notwithstanding, to ensure that access to justice through digital means does not contribute to a further widening of the digital divide, the choice of the means of communication between electronic communication, as provided by this Regulation, and other means of communication should be left to the discretion of the individuals concerned. This is particularly important in order to cater for the case of people in specific circumstances of disadvantaged groups, such as persons with disabilities and people in situation of vulnerability, such as children or older people, such as those who may could lack the requisite technical means or digital skills to access digital services and those with disabilities, as the Member States and the Union have committed themselves to taking appropriate measures in accordance with the United Nations Convention on the Rights of Persons with Disabilities.

• (20) 

  In order to enhance electronic cross-border communication and transmission of documents through the decentralised IT system, including through the European electronic access

  point and national IT portals, where available, those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. However, that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents, which may could constitute evidence in accordance with national law. It should also be without prejudice to national law regarding the conversion of documents.

• (21) 

  In order to facilitate oral hearings in proceedings in civil, commercial and criminal matters with cross-border implications, this Regulation should provide for the optional use of

  videoconferencing or other distance communication technology for the participation of the parties in such hearings, subject to the availability of the relevant technology. This Regulation does not preclude persons assisting a party and public prosecutors in civil and commercial matters to also attend the hearing through videoconferencing or other distance communication technology, in accordance with the applicable national law. The procedure for applying initiating and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the Member State conducting which should conduct the videoconference. In criminal matters, the Member State conducting the hearing through videoconferencing or other distance communication technology should be understood as the Member State requesting the videoconference. Conducting a hearing by through videoconferencing or other distance communication technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. In such cases the most appropriate rules available under the national law, such as rules for taking of evidence, should apply mutatis mutandis. Where the recording of hearings is provided for under the national law of the Member State conducting the hearing in civil or commercial matters, the parties should be informed of this circumstance, and, where provided for, of their possibility to refuse the recording.

(21-a) Where a child participates in proceedings in civil or commercial matters, in particular as a party, under national law, the child could participate in the hearing through

videoconferencing or other distance communication technology under this Regulation, taking into account their procedural rights. However, where the child is participating in the proceedings for the purpose of taking evidence in civil or commercial matters, for example where the child is to be heard as a witness, the child could also be heard through videoconferencing or other distance communication technology in accordance with Regulation (EU) 2020/1783.

(21a) Where the competent authority requests the participation of a person for the purpose of taking evidence in civil or commercial matters, the participation of such person in the hearing through videoconferencing or other distance communication technology should be governed by Regulation (EU) 2020/1783.

(21aa) This Regulation should not apply to the use of videoconferencing or other distance communication technology in civil and commercial proceedings where such use is already foreseen in the certain legal acts, listed in Annex I.

(21ab) The rules under this Regulation on the use of videoconferencing or other distance communication technology for hearings in judicial cooperation procedures in criminal matters should not apply to hearings through videoconferencing or other distance communication technology for the purposes of taking evidence or of holding a trial which could result in a decision on the guilt or innocence of a suspect or accused person. This Regulation should be without prejudice to the Directive 2014/41 i/EU, the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and to the Council Framework Decision 2002/465/JHA.

(21b) In order to safeguard the right to a fair trial and the rights of defence, the suspect, accused or convicted persons should give their consent on the use of videoconferencing or other distance communication technology for a hearing in judicial cooperation procedures in criminal matters. Where a suspect, accused or convicted person is called to express their consent on the use of videoconferencing or other distance

communication technology, this Regulation should apply taking into account the right of access to a lawyer as provided in Directive 2013/48 i/EU 21 . The competent authority could derogate from the requirement of consent of the suspect, accused or convicted person only in exceptional circumstances when this is duly justified by the compelling reasons specified in this Regulation.

(21c) Where the rights of a suspect, accused, or convicted person are violated in the context of a hearing through videoconferencing or other distance communication technology, access to effective legal remedies should be guaranteed in accordance with Article 47 of the Charter of Fundamental Rights of the European Union 22 . Access to effective legal remedies should also be guaranteed for affected persons other than a suspect, accused or convicted person in the context of their hearing through videoconferencing or other distance communication technology in proceedings under Regulation (EU) 2018/1805 of the European Parliament and of the Council.

21 Directive 2013/48 i/EU of the European Parliament and of the Council of

22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294/1).

22 Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391–407).

• (22) 

  This Regulation should not apply to the use of videoconferencing or other distance communication technology in civil, commercial and criminal proceedings where such use is already foreseen in the certain legal acts, listed in Annexes I and Annex II.

• (23) 

  The Regulation (EU) No 910/2014 i of the European Parliament and of the Council 23 sets up a common Union regulatory framework for recognition of electronic identification means

  and electronic trust services (electronic signatures, electronic seals, time stamps, electronic delivery services and website authentication) that are recognised across borders as having the same legal status as their physical equivalents. Therefore, this Regulation should apply the e-IDAS trust services for the purposes of digital communication.

(23a) Where a document transmitted as part of the electronic communication under this

Regulation requires a seal or signature, a qualified electronic seal or signature as defined in Regulation (EU) No 910/2014 i should be used by competent authorities and a qualified electronic signature or electronic identification should be used by natural or legal persons. However, this Regulation should not affect the formal requirements applicable to documents produced in support of a request, which could be digital originals or certified copies. It should also be without prejudice to national law regarding the conversion of documents.

• (24) 

  For the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the Union legal acts in civil and commercial matters, electronic payment of fees by payment methods widely available throughout the Union, such as credit cards, debit cards, e-wallet and bank transfers should be possible in an online environment by payment methods widely available throughout the Union, such as credit cards, debit cards, e-wallet and bank transfers and accessible through the European electronic access point.

23 Regulation (EU) No 910/2014 i of the European Parliament and of the Council of

23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC i (OJ L 257, 28.8.2014, p. 73–114).

• (25) 

  It is necessary, for the purposes of ensuring the full attainment of the objectives of this

  Regulation and for the alignment of the existing Union legal acts in civil, commercial and criminal matters with this Regulation, that amendments are introduced in the following legal acts: Regulation (EC) No 1896/2006 i of the European Parliament and of the Council 24 , Regulation (EC) No 861/2007 i of the European Parliament and of the Council 25 , Regulation (EU) No 606/2013 of the European Parliament and of the Council 26 , Regulation (EU) No 655/2014 i of the European Parliament and of the Council 27 , Regulation (EU) 2015/848 and Regulation (EU) 2018/1805 of the European Parliament and of the Council 28 . Those amendments seek to ensure that communication takes place in accordance with the rules and principles set out in this regulation. Amendments to Directives and Framework Decisions in civil, commercial and criminal matters are enacted in a Directive of the European Parliament and the Council …/… [Amending Directive] 29 .

24 Regulation (EC) No 1896/2006 i of the European Parliament and of the Council of

12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006,

• p. 

  1).

25 Regulation (EC) No 861/2007 i of the European Parliament and of the Council of

11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p.1).

26 Regulation (EU) No 606/2013 i of the European Parliament and of the Council of

12 June 2013 on mutual recognition of protection measures in civil matters (OJ L 181,

29.6.2013, p. 4).

27 Regulation (EU) No 655/2014 i of the European Parliament and of the Council of

15 May 2014 establishing a European Account Preservation Order procedure to facilitate

cross-border debt recovery in civil and commercial matters (OJ L 189, 27.6.2014, p. 59).

28 Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14

November 2018 on the mutual recognition of freezing orders and confiscation orders

(OJ L 303, 28.11.2018, p. 1).

29 Directive of the European Parliament and of the Council on amending Council Directive

2003/8/EC, Council Framework Decisions 2002/465/JHA, 2002/584/JHA, 2003/577/JHA,

2005/214/JHA, 2006/783/JHA, 2008/909/JHA, 2008/947/JHA, 2009/829/JHA and

2009/948/JHA, Directive Directives 2011/99/EU and Directive 2014/41/EU of the

European Parliament and of the Council, as regards digitalisation of judicial cooperation.

• (26) 

  In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of

  13 April 2016 on Better Law-Making 30 , the Commission should evaluate this Regulation on the basis of the information collected through specific monitoring arrangements for each of the legal acts, listed in Annexes I and II to this Regulation in order to assess the actual effects of this Regulation and the need for any further action.

• (27) 

  The reference implementation software developed by the Commission as a back-end system should programmatically collect the data necessary for monitoring purposes and such data

  should be transmitted to the Commission. Where Member States choose to use a national IT system instead of the reference implementation software developed by the Commission, such a system may could be equipped to programmatically collect those data and, in that case, those data should be transmitted to the Commission. The e-CODEX connector could also be equipped with a feature allowing retrieval of relevant statistical data.

30 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–

14).

• (28) 

  In such cases where data on the number of hearings where videoconferencing was used cannot be collected automatically, and for the purpose of alleviating limiting the additional administrative burden of data collection, each Member State should designate at least one

  court or competent authority for the purpose of establishing a monitoring sample. The court or competent authority designated in this way should be tasked with collecting and providing the Commission with such data on its own proceedings hearings which should serve to provide an estimate on the level of a given Member State of the data necessary for the evaluation of this Regulation. The designated court or competent authority should be representative of the scope of the competent to conduct hearings through videoconference in accordance with this Regulation insofar as the Regulation covers Union instruments in civil, commercial and criminal matters. In areas where authorities other than courts or prosecutors are considered as competent authorities within the meaning of this Regulation, such as notaries, the designated monitoring sample should be representative of their implementation of the Regulation as well.

• (29) 

  The application of this Regulation should be without prejudice to procedural rights as enshrined in the Charter of Fundamental Rights of the European Union 31 and Union law, such as the procedural rights directives 32 , and in particular to the right to an interpreter, the right of access to a lawyer, the right of access to the case file, the right to legal aid, and the right to be present at the trial.

31 Charter of Fundamental Rights of the European Union (OJ C 326, 26.10.2012, p. 391– 407).

32 Directive 2010/64 i/EU of the European Parliament and of the Council of 22 May 2012 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280/1); Directive

2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142/1); Directive 2013/48 i/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294/1); Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65/1); Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ 2016 L 132/1); Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297, 4.11.2016).

• (30) 

  Regulation (EU) 2016/679 of the European Parliament and the Council and , Directive (EU) 2016/680 33 of the European Parliament and the Council and Regulation (EU) 2018/1725 of the Parliament and of the Council 34 , apply to the processing of personal data carried out in the decentralised IT system. In order to clarify the responsibility for the processing of

  personal data sent or received through the decentralised IT system, this Regulation should indicate the controller of the personal data. For this purpose, each sending or receiving entity should be regarded as having determined the purpose and means of the personal data processing separately.

• (31) 

  In order to ensure uniform conditions for the implementation of this Regulation as regards the establishment of the decentralised IT system, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and of the Council 35 . The implementing acts

  should enable Member States to adapt their relevant national IT systems for connecting to the decentralised IT system.

33 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of

criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

34 Regulation (EU) 2018/1725 of the European Parliament and of the Council of

23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data and repealing Regulation (EC) No 45/2001 i and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39–98).

35 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of 16

February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

• (32) 

  Since harmonised digitalisation of cross-border judicial cooperation cannot be sufficiently achieved by the Member States acting alone, for reasons such as no guarantee as to the

  interoperability of IT systems of Member States and Union agencies and bodies, but can rather, by reason of coordinated Union action, be better achieved at Union level, the Union may could adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

• (33) 

  In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European

  Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

• (34) 

  [In accordance with Articles 1, 2 and 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.]

OR

[In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland has notified [, by letter of …,] its wish to take part in the adoption and application of this Regulation.]

• (35) 

  The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EC) No 2018/1725 of the European Parliament and of the Council and delivered an opinion on 25 January 2022,

HAVE ADOPTED THIS REGULATION:

CHAPTER I GENERAL PROVISIONS

Article 1 Subject matter and scope

• 1. 

  This Regulation establishes a legal framework for electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters and for electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial and criminal matters.

In addition, it lays down rules on:

(a) the use of videoconferencing or other distance communication technology for purposes other than taking of evidence under Regulation (EU) 2020/1783;

(b) the application of electronic trust services;

(c) the legal effects of electronic documents;

(d) electronic payment of fees.

• 2. 

  This Regulation shall apply to : electronic communication in judicial cooperation procedures in civil, commercial and criminal matters, as specified in Articles 3 and 4, and hearing through videoconferencing or other means of distance communication technology in civil, commercial and criminal matters, as specified in Articles 7 and 8.

  (a) electronic communication between competent authorities in the context of the legal acts listed in Annex I and Annex II;

  (b) electronic communication between natural or legal persons and competent authorities, and electronic payment of fees in cross-border civil and commercial matters, in the context of the legal acts listed in Annex I; and

  (c) videoconferencing in proceedings falling under the scope of the legal acts listed in Annex I and Annex II or in other civil and commercial matters, where one of the parties is present in another Member State.

  Article 2 Definitions

For the purposes of this Regulation, the following definitions apply:

• (1) 

  “competent authorities” means courts, public prosecutors’ offices, Union agencies and bodies central authorities and other competent authorities taking part in judicial

  cooperation procedures as defined in and, designated or notified in accordance with the provisions of the legal acts stated listed in Annex Annexes I and Annex II, as well as Union agencies and bodies taking part in judicial cooperation procedures in accordance with the provisions of the legal acts listed in Annex II. For the purposes of Articles 7 and 8 of this Regulation, competent authority also means any court or other authority competent under national or Union law to conduct hearings through videoconferencing or other distance communication technology in civil, commercial or criminal matters;

• (2) 

  “electronic communication” means digital exchange of information over the internet or another electronic communication network;

• (3) 

  “electronic document” means a document transmitted as part of electronic communication, including scanned paper documents;

(4 3) “decentralised IT system” means a network of IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, Union agency or body that enables the secure and reliable cross-border exchange of information;

(5 4) “European electronic access point” means an interoperable access point in the context of the decentralised IT system a portal which is accessible to natural and legal persons or

their representatives throughout the Union, connected to an interoperable access point in

the context of the decentralised IT system;

(6 5) “fees” means payments levied by competent authorities in the context of the proceedings under the legal acts listed in Annex I.

CHAPTER II COMMUNICATION BETWEEN COMPETENT AUTHORITIES

Article 3 Means of communication between competent authorities

• 1. 

  Written communication Communication between competent authorities in cases falling under the scope of of different Member States pursuant to the legal acts listed in Annex Annexes I and Annex II or between a national competent authority and a Union agency or body pursuant to the legal acts listed in Annex II, including the exchange of forms

  established by these acts, shall be carried out through a secure and reliable decentralised IT system.

• 2. 

  Where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system, the nature of the transmitted material or exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate

  alternative means, taking into account the need to ensure a secure and reliable exchange of information.

• 3. 

  Where the use of the decentralised IT system is not appropriate in view of the specific circumstances of the communication in question, any other means of communication may be used.

• 4. 

  Paragraph 3 of this Article shall not apply to the exchange of forms provided by the instruments listed in Annex Annexes I and Annex II. In cases where the competent authorities of different Member States are present at the same location in a Member State for the purpose of assisting in the execution of judicial cooperation procedures under the legal acts listed in Annex II, they may exchange the forms through other appropriate means.

• 5. 

  Each Member State may decide to use the decentralised IT system for communication between its national authorities in cases falling under the scope of the legal acts listed in Annex I or II.

• 6. 

  Union agencies or bodies may decide to use the decentralised IT system for communication within the agency or body in cases falling under the scope of the legal acts listed in Annex II.

CHAPTER III

COMMUNICATION BETWEEN NATURAL OR LEGAL PERSONS AND COMPETENT AUTHORITIES IN CIVIL AND COMMERCIAL MATTERS

Article 4 Establishment of a European electronic access point

• 1. 

  A European electronic access point shall be established on the European e-Justice Portal to be used for electronic communication between natural or legal persons and competent

  authorities in cases falling under the scope of the legal acts listed in Annex I.

• 2. 

  The European electronic access point may be used for electronic communication between natural or legal persons or their representatives and competent authorities in the following instances:

  (a) procedures provided for in Regulation (EC) No 1896/2006 i, Regulation (EC) No 861/2007 and Regulation (EU) No 655/2014 i.

  (b) procedures provided for in Regulation (EC) No 805/2004 i;

  (c) proceedings for recognition, declaration of enforceability or refusal of recognition

  provided for in Regulation (EC) 4/2009 i, Regulation (EU) 650/2012 i, (EU)

  1215/2012, [Regulation (EU) 606/2013 i,] Regulation (EU) 2016/1103, Regulation

  (EU) 2016/1104, Regulation (EU) 2019/1111.

  (d) procedures related to the issuance, rectification and withdrawal of:

  – extracts provided for in Regulation (EC) 4/2009 i,

  – the European Successions Certificate and the attestations provided for by in Regulation (EU) 650/2012 i,

  – certificates provided for in Regulation (EU) 1215/2012 i, – certificate provided for in Regulation (EU) 606/2013 i,

  – attestations provided for in Regulation (EU) 2016/1103,

  – attestations provided for in Regulation (EU) 2016/1104,

  – certificates provided for in Regulation (EU) 2019/1111;

  (e) lodging of a claim by a foreign creditor in insolvency proceedings under Article 53 of Regulation (EU) 2015/848;

  (f) communication between natural or legal persons or their representatives with the Central Authorities under Regulation (EC) 4/2009 i and Regulation (EU) 2019/1111 or the competent authorities under Chapter IV of Directive 2003/8/EC i.

• 2. 

  The Commission shall be responsible for the technical management, development, maintenance, security and support of the European electronic access point.

• 3. 

  The European electronic access point shall allow natural and legal persons to file claims, launch requests, or their representatives, in the instances referred to in paragraph 2, to initiate or engage in procedures, send, and receive and store procedurally relevant

  information or documents and communicate with the competent authorities or be served with judicial or extrajudicial documents.

  Without prejudice to Article 9 of this Regulation, the communication through the European electronic access point shall comply with the applicable procedural provisions of Union or and national law.

• 4. 

  Competent authorities shall accept electronic communication transmitted through the European electronic access point in the instances referred to in paragraph 2.

• 5. 

  Competent authorities shall communicate with natural and legal persons or their representatives in the instances referred to in paragraph 2 or may serve documents on them through the European electronic access point, where that natural or legal person or their representative gave prior express consent to the use of that means of

  communication or method of service. Each consent shall be specific to the procedure in which it is given and shall be given separately for the purposes of communication and service of documents.

• 6. 

  The Commission shall be responsible for the technical management, development, maintenance, security, accessibility, and support of the European electronic access point.

  Article 5 Use of the European electronic access point Means of communication between natural or legal

persons and competent authorities

• 1. 

  Written communication between natural or legal persons and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:

  (a) Natural or legal persons or their representatives may choose to use the European electronic access point; or

  (b) national IT portals systems, where available.

• 2. 

  Competent authorities shall accept electronic communication under Article 5(1), transmitted through the European electronic access point [or national IT portals systems, where available].

  Competent authorities shall communicate with natural and legal persons or their representatives through the European electronic access point, where that natural or legal person or their representative gave prior express consent to the use of this means of communication. This consent shall be specific to the procedure in which it is given.

• 3. 

  Communication under paragraph 1 shall be considered equivalent to written communication under the applicable procedural rules.

  Article 6 Obligation to accept electronic communication

Competent authorities shall accept electronic communication under Article 5(1), transmitted through the European electronic access point or national IT portals, where available.

CHAPTER IV HEARING THROUGH VIDEOCONFERENCING OR OTHER DISTANCE

COMMUNICATION TECHNOLOGY

Article 7 Hearing Participation in a hearing through videoconferencing or other distance communication

technology in civil and commercial matters

• 1. 

  Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under the legal acts listed in Annex I and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another Member State, or upon request of their legal or authorised representative, Regulations (EU) 2020/1783, (EC) 861/2007 and (EU) 655/2014, in proceedings in civil and

  commercial matters where one of the parties is present in another Member State, competent authorities shall may allow their the participation to of the parties and their legal representatives in a hearing through videoconferencing or other distance communication technology , provided that:

  (a) such technology is available, and (b) the other party or parties to the proceedings were given the possibility to submit an opinion on the use of videoconferencing or other distance communication technology.

• 2. 

  The procedure for holding a hearing through videoconferencing or other distance communication technology shall be regulated by the national law of the Member State conducting the hearing.

• 2. 

  A request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology.

• 3. 

  Competent authorities may on their own motion allow the participation of parties to hearings by videoconference, provided that all parties to the proceedings are given

  the possibility to submit an opinion on the use of videoconferencing or other distance communication technology.

• 4. 

  Subject to this Regulation, the procedure for requesting and conducting a videoconference shall be regulated by the national law of the Member State conducting videoconference.

• 5. 

  Requests under paragraph 1 may be submitted via the European electronic access point and through national IT portals, where available.

  Article 8 Hearing through videoconferencing or other distance communication technology in criminal

proceedings matters

• 1. 

  Where the competent authority of a Member State requests the hearing of a suspect, accused or convicted person present in another Member State in proceedings under the legal acts

  listed in Annex II:

– Council Framework Decision 2002/584/JHA, in particular Article 18(1)(a) thereof, – Council Framework Decision 2008/909/JHA, in particular Article 6(3) thereof,

– Council Framework Decision 2008/947/JHA, in particular Article 17(4) thereof,

– Council Framework Decision 2009/829/JHA, in particular Article 19(4) thereof,

– Directive 2011/99 i/EU, in particular Article 6(4) thereof,

– Regulation (EU) 2018/1805, in particular Article 33(1) thereof,

the competent authority of the other Member State shall allow their participation to in the hearing by through videoconferencing or other distance communication technology, provided that:

(a) such technology is available;

(b) the particular circumstances of the case justify the use of such technology; and

(c) the suspect, accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology. Before expressing consent on the use of videoconferencing or other distance communication technology the suspect or the accused person shall have the possibility to seek the advice of a lawyer in accordance with Directive 2013/48 i/EU. Without prejudice to the principle of a fair trial, the consent of these persons may not be required where the participation in a hearing in person may pose a threat to public security or public health.

1a. Where in proceedings under Regulation (EU) 2018/1805 of the European Parliament and of the Council, the competent authority of a Member State requests a hearing of an affected person as defined in Article 2, point 10 of that Regulation, other than a suspect, accused or convicted person, present in another Member State, such hearing may be conducted through videoconferencing or other distance communication technology

provided that the conditions of paragraph 1, points a) and b) of this Article are met.

• 2. 

  Paragraph 1 This Article is without prejudice to the provisions regulating other Union legal acts allowing for the use of videoconferencing or other distance communication

  technology in the legal acts listed in Annex II criminal matters.

• 3. 

  Subject to this Regulation, the procedure for conducting a videoconference hearing through videoconferencing or other distance communication technology shall be regulated by the national law of the requesting Member State conducting the videoconference. The

  requesting and requested competent authorities shall agree on practical arrangements.

• 4. 

  The confidentiality of communication between suspects, accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance

  communication technology shall be ensured.

• 5. 

  Before hearing a child through videoconferencing or other distance communication technology, holders of parental responsibility as defined in Article 3, point 2 of Directive

  (EU) 2016/800 of the European Parliament and of the Council 36 or another appropriate adult

  as referred to in Article 5(2) of that Directive shall be informed promptly. When deciding whether to hear a child through videoconferencing or other distance communication technology, the competent authority shall take into account the best interests of the child.

36 Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on

procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, p. 1–20).

• 6. 

  Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. Member States shall take

  appropriate measures in accordance with national law to ensure that such records are secured and not publicly disseminated.

• 7. 

  A suspect, an accused and the convicted person shall have the right to an effective legal remedy under national law in the event of a breach of this Article.

  CHAPTER V TRUST SERVICES, LEGAL EFFECTS OF ELECTRONIC DOCUMENTS

AND ELECTRONIC PAYMENT OF FEES

Article 9 Electronic signatures and electronic seals

• 1. 

  The general legal framework for the use of trust services set out in Regulation (EU) No

  910/2014 shall apply to the electronic communication under this Regulation.

• 2. 

  Where a document transmitted as part of the electronic communication under Article 3 of this Regulation requires or features a seal or handwritten signature in accordance with the

  legal acts listed in Annexes I and II, the document shall feature a qualified electronic seals

  or qualified electronic signatures as defined in Regulation (EU) No 910/2014 i may be used

  instead.

• 3. 

  Where a document transmitted as part of the electronic communication under in the instances referred to in Article 5 4(2) of this Regulation requires or features a seal or handwritten the signature of the person transmitting the document, advanced electronic seals, advanced electronic signatures, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 i may be used instead that person shall fulfil this requirement by:

  • a) 

    electronic identification with an assurance level as defined in Article 8(2)(c) of Regulation (EU) No 910/2014 i; or

  • b) 

    a qualified electronic signature as defined in Article 3(12) of Regulation (EU) No 910/2014.

    Article 10 Legal effects of electronic documents

Documents transmitted as part of electronic communication shall not be denied legal effect or be considered inadmissible in the context of cross-border judicial procedures under the legal acts listed in Annex Annexes I and Annex II solely on the ground that they are in electronic form.

Article 11 Electronic payment of fees

• 1. 

  Member States shall provide for the possibility of electronic payment of fees, including from Member States other than where the competent authority is situated.

• 2. 

  Member States shall provide for technical means allowing the payment of the fees referred to in paragraph 1 through the European electronic access point. Where the available means of electronic payment of fees so allow, they shall be accessible through the European electronic access point.

CHAPTER VI

PROCEDURAL PROVISIONS AND EVALUATION

Article 12 Adoption of implementing acts by the Commission

• 1. 

  The Commission shall adopt implementing acts establishing the decentralised IT system, setting out the following:

  (a) the technical specifications defining the methods of communication by electronic means for the purposes of the decentralised IT system;

  (b) the technical specifications for communication protocols;

  (c) the information security objectives and relevant technical measures ensuring minimum information security standards and a high level of cybersecurity for the processing and communication of information within the decentralised IT system;

  (d) the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;

  (e) digital procedural standards as defined in Article 3(9) of Regulation (EU) 2022/850;

  (f) an implementation timetable laying down, inter alia, the dates of the availability of the reference implementation software, referred to in Article 13, its installation by the competent authorities, and, where relevant, completion of the adjustments to

  national IT systems necessary for ensuring compliance with the requirements referred to in points (a) - (e); and

  (g) the technical specifications for the European electronic access point, including the means used for the electronic identification of the user at the assurance level as

  defined in Article 8(2)(c) of Regulation (EU) 910/2014 i and the retention period for storing information and documents.

• 2. 

  The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 16.

• 3. 

  The implementing acts establishing the decentralised IT system for the legal acts listed in

  Annex I, points 3 and 4 of Annex I and the legal acts listed in Annex II, points 2, 6 and 10 and 11 of Annex II shall be adopted by [2 years after the entry into force].

• 4. 

  The implementing acts establishing the decentralised IT system for the legal acts listed in

  Annex I, points 1, 7a, 8 and 9 of Annex I and the legal act listed in Annex II, point points 11 6 and 9a of Annex II shall be adopted by [3 years after the entry into force].

• 5. 

  The implementing acts establishing the decentralised IT system for the legal acts listed in

  Annex I, points 6, 10, 11 of Annex I and the legal acts listed in Annex II, points 3, 4, 5 and 9 of Annex II shall be adopted by [5 years after the entry into force].

• 6. 

  The implementing acts establishing the decentralised IT system for the legal acts listed in

  Annex I, points 2, 5, 7 and 12 of Annex I and the legal acts listed in Annex II, points 1, 7 and 8 of Annex II shall be adopted by [6 years after the entry into force].

• 7. 

  The timetable for the adoption of the implementing acts according to this Article and the transition period according to Article 24 is set out in Annex III.

  Article 13 Reference implementation software

• 1. 

  The Commission shall be responsible for the creation, maintenance and development of reference implementation software which Member States may choose to apply as their backend system instead of a national IT system. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union.

• 2. 

  The Commission shall provide, maintain and support on a free-of-charge basis the reference implementation software.

• 3. 

  The reference implementation software shall offer a common interface to communicate with other national IT systems.

  Article 14 Costs of the decentralised IT system, European electronic access point and national IT portals

systems

• 1. 

  Each Member State or entity operating an authorised e-CODEX access point as defined in Article 3(4) of Regulation (EU) 2022/850 of the European Parliament and of the

  Council shall bear the costs of the installation, operation and maintenance of the decentralised

  IT system’s access points which are located on their territory for which they are

  responsible.

• 2. 

  Each Member State or entity operating an authorised to operate an e-CODEX access point as defined in Article 3(4) of Regulation (EU) 2022/850 of the European Parliament and of the Council shall bear the costs of establishing and adjusting its relevant national IT systems to make them interoperable with the access points, and shall bear the costs of

  administering, operating and maintaining those systems.

• 3. 

  Member States shall not be prevented from applying for grants to support the activities referred to in paragraphs 1 and 2, under the relevant Union financial programmes.

• 4. 

  Union agencies and bodies shall bear the costs of the installation, operation and maintenance of the components comprising the decentralised IT system under their responsibility.

• 5. 

  Union agencies and bodies shall bear the costs of establishing and adjusting their casemanagement systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.

• 6. 

  The Commission shall bear all costs related to the European electronic access point.

  Article 15 Protection of information transmitted

• 1. 

  The competent authority shall be regarded as a controller within the meaning of Regulation (EU) 2016/679, Regulation (EU) 2018/1725 or Directive (EU) 2016/680 with respect to the processing of personal data sent or received through the decentralised IT system.

• 2. 

  The Commission shall be regarded as a controller within the meaning of Regulation (EU)

  2018/1725 with respect to personal data processing by the European electronic access point.

• 3. 

  Competent authorities shall ensure that information transmitted in the context of cross-border judicial procedures to another competent authority, which is deemed confidential in under

  the law of the Member State from which the information is being sent, remains confidential

  in accordance with shall be subject to the rules on confidentiality laid down by Union

  and the national law of the Member State to which the information is being sent.

  Article 16 Committee procedure

• 1. 

  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 i 37 .

• 2. 

  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 i shall apply.

  Article 17 Monitoring and Evaluation

• 1. 

  Every five Six years after the date of application of entry into force of the implementing act referred to in Article 25 12(6) and every five years thereafter, the Commission shall carry out an evaluation of this Regulation and present to the European Parliament and to the Council a report supported by information supplied by the Member States and collected by the Commission.

• 2. 

  As of […] 2025, unless Unless an equivalent notification procedure applies under other

  Union legal acts, the Member States shall provide the Commission on an annual basis with the following information relevant for the evaluation of the operation and application of this Regulation on :

37 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of

16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55,

28.2.2011, p. 13–18).

(a) as of four years after the date of entry into force of each of the implementing acts

referred to in Article 12(3)-(6), the costs incurred under Article 14(2) of this

Regulation for establishing or adjusting their relevant national IT systems to make

them interoperable with the access points;

(b) as of five years after the entry into force of the implementing act referred to in Article 12(4), the length of the first instance judicial proceedings, from the reception of the application by the competent authority until the date of the decision, under the legal acts listed in Annex I points 3, 4 and 8 and Annex II, where available;

(c) as of five years after the date of entry into force of each of the implementing acts referred to in Article 12(3)-(6), the length of time to transmit information on the decision on recognition and execution of a judgement or a judicial decision or, if not applicable, to transmit the results of the execution of such a judgement or a judicial decision, under the legal acts listed in points 2-8 and 9a-11 of Annex II, grouped by corresponding legal act, where available;

• 3. 

  Each Member State shall designate one or more competent authorities to provide the

  Commission on an annual basis with the following data:

  (a d) as of five years after the date of entry into force of each of the implementing acts referred to in Article 12(3)-(6), the number of cases requests handled by that

  authority transmitted where communication was carried out by means other than through the decentralised IT system, in accordance with Article 3(2 1), where available.

  (b) the number of hearings conducted by that authority, where videoconferencing or other distance communication technology was used for oral hearings in accordance with Article 7 and Article 8.;

• 3. 

  For the purpose of establishing a sample, each Member State shall designate one or more competent authorities to collect the data on the number of hearings conducted by those authorities, where videoconferencing or other distance communication technology was used in accordance with Articles 7 and 8 which shall be provided to the Commission as of one year after the date of application of this Regulation.

• 4. 

  The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in point points (b), (c) and (a d) of paragraph 3 2 and transmit them to the Commission on an annual basis.

  Article 18 Information to be communicated to the Commission

5 1. Member States shall communicate by [six months after entry into force] to the Commission the following information with a view to making it available through the European e-Justice Portal:

(a) details of national IT systems portals, where applicable;

(b a) a description of the national laws and procedures applicable to videoconferencing in accordance with Articles 7 and 8;

(c b) information on fees due in cross-border cases in proceedings under the legal acts listed in Annex I;

(d c) details on the electronic payment methods available for fees due in cross-border cases;

Member States shall communicate to the Commission any changes with regard to this information without delay.

6 2. Member States may notify the Commission if they are in a position to apply Article 7 or 8 or operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European

e-Justice Portal.

CHAPTER VII AMENDMENTS TO LEGAL ACTS IN THE AREA OF JUDICIAL

COOPERATION IN CIVIL AND COMMERCIAL MATTERS

Article 19 Amendments to Regulation (EC) No 1896/2006 i 38

Regulation (EC) No 1896/2006 i is amended as follows:

• (1) 

  In Article 7, paragraph 5 is replaced by the following:

  “5. The application shall be submitted in paper form, by electronic means of communication provided for in Article 5 4 of Regulation (EU) …/…[this Regulation] 39* , in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.”.

38 Regulation (EC) No 1896/2006 i of the European Parliament and of the Council of

12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006,

• p. 

  1).

39 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (2) 

  In Article 7, paragraph 6, the first sub-paragraph is replaced by the following:

  “6. The application shall be signed by the claimant or, where applicable, by his representative. Where the application is submitted in electronic form in accordance with paragraph 5, it the requirement to sign the application shall be signed fulfilled in accordance with Article 9(3) of Regulation (EU) …/…[this Regulation] 40* . The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.”.

• (3) 

  In Article 13 a new paragraph 2 is inserted as follows:

  “(2) The European order for payment may be served on the defendant by electronic means of service provided for in Article 19 and Article 19a of Regulation (EU) 2020/1784.”

(3 4) Article 16 is amended as follows:

(a) paragraph 4 is replaced by the following:

“4. The statement of opposition shall be submitted in paper form or by electronic means of communication provided for in Article 5 4 of Regulation (EU)

41*

…/…[this Regulation] , in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.”.

40 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

41 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

(b) in paragraph 5, the first subparagraph is replaced by the following:

“5. The statement of opposition shall be signed by the defendant or, where applicable, by his representative. Where the application is submitted in electronic form in

accordance with paragraph 5 4 of this Article, it the requirement to sign the application shall be signed fulfilled in accordance with Article 9(3) of

42*

Regulation (EU) …/…[this Regulation] . The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.”.

Article 20 Amendments to Regulation (EC) No 861/2007 i 43

Regulation (EC) No 861/2007 i is amended as follows:

• (1) 

  In Article 4, paragraph 1 is replaced by the following:

  “1. The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I to this Regulation, and lodging it with the court or tribunal with jurisdiction directly, by post, by electronic means of

  communication provided for in Article 5 4 of Regulation (EU) …/…[this Regulation] 44*

  or by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents.”.

42 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

43 Regulation (EC) No 861/2007 i of the European Parliament and of the Council of

11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1).

44   Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (2) 

  In article 13, paragraph 1(a) is replaced by the following:

  “(a) by postal service,”

• (3) 

  In Article 13, paragraph 1(b) is replaced by the following:

  “(b) by electronic means of service provided for in Article 19 and Article 19a of Regulation (EU) 2020/1784; or”.

• (4) 

  In Article 13, paragraph 1, a new point (c) is inserted as follows:

  “(c) through the European electronic access point established under Article 4(1) of Regulation (EU) … / … [this Regulation], provided that the addressee gave prior express consent to the use of this means for service of documents in the course of these legal proceedings.

• (5) 

  In Article 13, paragraph 2 is replaced by the following:

  “2. All communications not referred to in paragraph 1 between the court or tribunal and the parties or other persons involved in the proceedings shall be carried out by electronic means attested by an acknowledgment of receipt, where such means are technically available and admissible in accordance with the procedural rules of the Member State in which the European Small Claims Procedure is conducted,

  provided that the party or person has accepted in advance such means of communication or is, in accordance with the procedural rules of the Member State in which that party or person is domiciled or habitually resident, under a legal obligation to accept such means of communication or by electronic means of communication provided for in Article 5 4 of Regulation (EU)…/… [this Regulation].”

(2 6) In Article 15a, paragraph 2 is replaced by the following:

“2. The Member States shall ensure that the parties can make electronic payments of court fees by means of distance payment methods which allow the parties to make the

payment also from a Member State other than the Member State in which the court or tribunal is situated, in accordance with Article 11 of Regulation (EU) …/…[this Regulation] 45* .

Article 21 Amendments to Regulation (EU) No 655/2014 i 46

Regulation (EU) No 655/2014 i is amended as follows:

• (1) 

  In Article 8, paragraph 4 is replaced by the following:

  “4. The application and supporting documents may be submitted by any means of communication, including electronic, which are accepted under the procedural rules of the Member State in which the application is lodged or by the electronic means of communication provided for in Article 5 4 of Regulation (EU) …/…[this

  Regulation] 47* .”

45 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

46  Regulation (EU) No 655/2014 i of the European Parliament and of the Council of

15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (OJ L 189, 27.6.2014, p. 59).

47 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (2) 

  In Article 17, paragraph 5 is replaced by the following:

  “5. The decision on the application shall be brought to the notice of the creditor in accordance with the procedure provided for by the law of the Member State of origin for equivalent national orders or by the electronic means of communication provided for in Article 5 4 of Regulation (EU) …/…[this Regulation] 48* .”.

• (3) 

  Article 29 is replaced by the following:

“Article 29

Transmission of documents

• 1. 

  Where this Regulation provides for transmission of documents in accordance with this

  Article, such transmission shall be carried out in accordance with Regulation (EU) …/…[this

Regulation] 49 * as regards the communication between authorities, or by any appropriate

means where communication is to be carried out by creditors, provided that the content of the document received is true and faithful to that of the document transmitted and that all information contained in it is easily legible.”.

• 2. 

  The court or authority that received documents in accordance with paragraph 1 of this Article shall, by the end of the working day following the day of receipt, send to:

  (a) the authority that transmitted the documents an acknowledgment of receipt, in

accordance with Article 3 of Regulation (EU) …/…[this Regulation] 50* ; or

48 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

49 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

50  * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

(b) creditor or bank that transmitted the documents an acknowledgment of receipt ;

employing the swiftest possible means of transmission.

The court or authority that received documents in accordance with paragraph 1 of this Article shall us use the standard form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2).”.

• (4) 

  Article 36 is amended as follows:

(a) paragraph 1 is replaced by the following:

“1. The application for a remedy pursuant to Article 33, 34 or 35 shall be made using the remedy form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2).

The application may be made at any time and may be submitted:

(a) by any means of communication, including electronic means, which are accepted under the procedural rules of the Member State in which the application is lodged;

(b) by the electronic means of communication provided for in Article 5 4 of

51*

Regulation (EU) …/…[this Regulation] .”

51 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

(b) paragraph 3 is replaced by the following:

“3. Except where the application was submitted by the debtor pursuant to Article 34(1), point (a) or pursuant to Article 35(3), the decision on the application shall be issued after both parties have been given the opportunity to present their case, including by such appropriate means of communication technology as are available and accepted under the national law of each of the Member States involved or under Regulation (EU) …/…[this Regulation] 52* .”.

Article 22 Amendments to Regulation 848/2015 2015/848 53

Regulation (EU) 848/2015 2015/848 is amended as follows:

• (1) 

  In Article 42, paragraph 3, the first sentence is replaced by the following: “The cooperation referred to in paragraph 1 of this Article shall be implemented in accordance with Article 3 of

  Regulation (EU) …/… [this regulation Regulation] 54* ,”.

52  * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

53 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015

on insolvency proceedings (OJ L 141, 5.6.2015, p. 19)

54 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (2) 

  Article 53 is replaced by the following:

“Article 53

Right to lodge claims

Any foreign creditor may lodge claims in insolvency proceedings by any means of communication, which are accepted by the law of the State of the opening of proceedings or by the electronic means of communication provided for in Article 5 4 of Regulation (EU) …/… [this Regulation] 55 *.

Representation by a lawyer or another legal professional shall not be mandatory for the sole purpose of lodging of claims.”.

• (3) 

  In Article 57 paragraph 3, the first sentence is replaced by the following:

“The cooperation referred to in paragraph 1 of this Article shall be implemented in accordance with

Article 3 of Regulation (EU) …/… [this regulation Regulation] 56* .”.

Article 22a Amendments to Regulation (EC) No 805/2004 i 57

Regulation (EU) 805/2004 i is amended as follows:

In Article 13, paragraph 1, a new point (e) is inserted as follows:

“(e) electronic means of service provided for in Article 19 and Article 19a of Regulation (EU) 2020/1784.”

55  * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

56 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation

of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

57 Regulation (EC) No 805/2004 i of the European Parliament and of the Council of

21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.4.2004, p. 15).

Article 22b Amendments to Regulation (EU) No 606/2013 i 58

Regulation (EU) 606/2013 i is amended as follows:

• (1) 

  In Article 8, paragraph 2 is replaced by the following:

  “ 2. Where the person causing the risk resides in the Member State of origin, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the Member State of origin, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent or by electronic means of service

  provided for in Article 19 and Article 19a of Regulation (EU) 2020/1784. Where the person causing the risk resides in a third country, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent.

  Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of the Member State of origin.”

58  Regulation (EU) No 606/2013 i of the European Parliament and of the Council of

12 June 2013 on mutual recognition of protection measures in civil matters (OJ L 181, 29.6.2013, p. 4).

• (2) 

  In Article 11, paragraph 4 is replaced by the following:

  “4. Where the person causing the risk resides in the Member State addressed, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the

  Member State addressed, the notification shall be effected by registered letter with

  acknowledgment of receipt or equivalent or by electronic means of service

  provided for in Article 19 and Article 19a of Regulation (EU) 2020/1784. Where

  the person causing the risk resides in a third country, the notification shall be

  effected by registered letter with acknowledgment of receipt or equivalent.

  Situations in which the address of the person causing the risk is not known or in which that person refuses to accept receipt of the notification shall be governed by the law of the Member State addressed.”

  Article 22c Amendments to Regulation (EU) 2020/1784 59

Regulation (EU) 2020/1784 is amended as follows:

• (1) 

  Article 12, paragraph 7 is replaced by the following:

  “(7) For the purposes of paragraphs 1 and 2, the diplomatic agents or consular officers in cases where service is effected in accordance with Article 17, and the authority or person in cases where service is effected in accordance with Article 18, 19, 19a

  or 20 shall inform the addressee that the addressee may refuse to accept the document and that either form L in Annex I or a written declaration of refusal must be sent to those agents or officers or to that authority or person respectively.

59 Regulation (EU) 2020/1784 of the European Parliament and of the Council of

25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast) (OJ L 405, 2.12.2020, p. 40).

• (2) 

  Article 13, paragraph 3 is replaced by the following:

  “(3) This Article also applies to the other means of transmission and service of judicial

  documents provided for in Section 2 with the exception of Article 19a.”

• (3) 

  the following Article is inserted after Article 19:

“Article 19a

Electronic service through the European electronic access point

• (1) 

  The service of judicial documents may be effected directly on a person who has a known address for service in another Member State through the European electronic access

  point established under Article 4(1) of Regulation (EU) …/… [Digitalisation Regulation],

  provided that the addressee gave prior express consent to the use of this electronic

  means for serving documents in the course of these legal proceedings.

• (2) 

  The addressee shall confirm the receipt of the documents with an acknowledgment of receipt, including the date of the receipt. The date of service of documents shall be the date specified in the acknowledgment of receipt. The same applies in case of service of refused documents remedied in accordance with Article 12(5).”

• (4) 

  In Article 37, new paragraph 3 is added as follows:

  “(3) Article 19a shall apply from the first day of the month following the period of three years after the date of entry into force of the implementing acts referred to in

  Article 12(3) of Regulation (EU) …/…[this Regulation].”

CHAPTER VIII

AMENDMENTS TO LEGAL ACTS IN THE AREA OF JUDICIAL

COOPERATION IN CRIMINAL MATTERS

Article 23 Amendments in to Regulation (EU) 2018/1805 60

Regulation (EU) 2018/1805 is amended as follows:

• (1) 

  In Article 4, paragraph 1 is replaced by the following:

“1. A freezing order shall be transmitted by means of a freezing certificate. The issuing

authority shall transmit the freezing certificate provided for in Article 6 of this

Regulation directly to the executing authority or, where applicable, to the central

authority referred to in Article 24(2) of this Regulation in accordance with Article 3 of

Regulation (EU) …/…[this Regulation] .”.

• (2) 

  In Article 7, paragraph 2 is replaced by the following:

  “2. The executing authority shall report to the issuing authority on the execution of the freezing order, including a description of the property frozen and, where available, providing an estimate of its value. Such reporting shall be carried out in accordance with Article 3 of Regulation (EU) …/…[this Regulation] , without undue delay once the executing authority has been informed that the freezing order has been executed.”

60 Regulation (EU) 2018/1805 of the European Parliament and of the Council of

L 303, 28.11.2018, p. 1).

• (3) 

  In Article 8, paragraph 3 is replaced by the following:

  “3. Any decision not to recognise or execute the freezing order shall be taken without delay and notified immediately to the issuing authority in accordance with Article 3 of

  61

  Regulation (EU) …/…[this Regulation] .”

• (4) 

  In Article 9, paragraph 4 is replaced by the following:

  “4. The executing authority shall communicate, without delay and in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 62 , the decision on the recognition and execution of the freezing order to the issuing authority.”

• (5) 

  In Article 10, paragraphs 2 and 3 are replaced by the following:

“2. The executing authority shall, immediately and in accordance with Article 3 of

63

Regulation (EU) …/…[this Regulation] , report to the issuing authority on the postponement of the execution of the freezing order, specifying the grounds for the postponement and, where possible, the expected duration of the postponement.”

61 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

62 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

63 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

“3. As soon as the grounds for postponement have ceased to exist, the executing authority shall immediately take the measures necessary for the execution of the freezing order and inform the issuing authority thereof in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 64 .”

• (6) 

  In Article 12, paragraph 2 is replaced by the following:

  “2. The executing authority may, taking into account the circumstances of the case, make a reasoned request to the issuing authority to limit the period for which the property is to be frozen. Such a request, including any relevant supporting information, shall be

  transmitted directly to the issuing authority in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 65 . When examining such a request, the issuing authority shall take all interests into account, including those of the executing authority. The issuing authority shall respond to the request as soon as possible. If the issuing authority does not agree to the limitation, it shall inform the executing authority of the reasons thereof. In such a case, the property shall remain frozen in accordance with paragraph 1 of this Article. If the issuing authority does not respond within six weeks of receiving the request, the executing authority shall no longer be obliged to execute the freezing order.”

64 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

65 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (7) 

  In Article 14, paragraph 1 is replaced by the following:

  “1. A confiscation order shall be transmitted by means of a confiscation certificate. The issuing authority shall transmit the confiscation certificate provided for in Article 17 of this Regulation directly to the executing authority or, where applicable, to the central authority referred to in Article 24(2) of this Regulation, in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 66 .”.

• (8) 

  In article 16, paragraph 3, the introductory wording, is replaced by the following:

  “The issuing authority shall immediately inform the executing authority in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 67 where: (…)”

• (9) 

  In Article 18, paragraph 6 is replaced by the following:

  “6. As soon as the execution of the confiscation order has been completed, the executing authority shall inform, in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 68 , the issuing authority of the results of the execution”.

66 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

67 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

68 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (10) 

  In Article 19, paragraph 3 is replaced by the following:

  “3. Any decision not to recognise or execute the confiscation order shall be taken without delay and notified immediately to the issuing authority in accordance with Article 3 of

  69

  Regulation (EU) …/…[this Regulation] .”

• (11) 

  In Article 20, paragraph 2 is replaced by the following:

  “2. The executing authority shall communicate, without delay and in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 70 , the decision on the recognition and execution of the confiscation order to the issuing authority.”

• (12) 

  In Article 21, paragraph 3 is replaced by the following:

“3. The executing authority shall, without delay and in accordance with Article 3 of

71

Regulation (EU) …/…[this Regulation] , report to the issuing authority on the postponement of the execution of the confiscation order, specifying the grounds for the postponement and, where possible, the expected duration of the postponement”.

69 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

70 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

71 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (13) 

  In Article 21, paragraph 4 is replaced by the following:

  “4. As soon as the grounds for postponement have ceased to exist, the executing authority shall take, without delay, the measures necessary for the execution of the confiscation order and inform the issuing authority thereof in accordance with Article 3 of

  Regulation (EU) …/…[this Regulation] 72 .”

(13a) In Article 25:

(a) the title should be replaced by the following:

“Means of communication”

(b) paragraph 1 is replaced by the following:

“1. Official communication under this Regulation between the issuing authority and the executing authority, in particular in application of Articles 4(1), 7(2), 8(3), 9(4), 10(2), 10(3), 12(2), 14(1), 16(3), 18(6), 19(3), 20(2), 21(3), 21(4), 27(2), 27(3),

31(2)(third subparagraph), shall be carried out in accordance with Article 3 of

73*

Regulation (EU) …/…[this Regulation] .

Where a Member State has designated a central authority(ies), official communication with the central authority(ies) of another Member State shall also be carried out in accordance with Article 3 of Regulation (EU) …/… [this Regulation].

72

73 * Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

Where necessary, the issuing authority and the executing authority shall consult each other without delay to ensure efficient application of this Regulation, using any appropriate means of communication.

Where this Regulation provides that the communication between the authorities may be carried out by any or any appropriate means, authorities should have discretion as to which method of communication to use.

• (14) 

  In Article 27, paragraphs 2 and 3 are replaced by the following:

  “2. The issuing authority shall immediately inform the executing authority, in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 74 , of the withdrawal of a

  freezing order or confiscation order and of any decision or measure that causes a freezing order or confiscation order to be withdrawn.”

  “3. The executing authority shall terminate the execution of the freezing order or confiscation order, in so far as the execution has not yet been completed, as soon as it has been informed by the issuing authority in accordance with paragraph 2 of this Article. The executing authority shall send, without undue delay and in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 75 , a confirmation of the termination to the issuing State.”

74 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

75 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• (15) 

  In Article 31, paragraph 2, the third subparagraph, is replaced by the following:

  “The consultation, or at least the result thereof, shall be recorded in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 76 .”.

CHAPTER IX

FINAL PROVISIONS

Article 24 Transitional provisions

• 1. 

  Member States shall start using the decentralised IT system referred to in Articles 3(1) and

  5(1) and 4 (1) and (2) from the first day of the month following the period of two three years after the adoption of the implementing act referred to in Article 12(3).

  They shall use that decentralised IT system to procedures instituted from the day referred to in the first subparagraph.

• 2. 

  Member States shall start using the decentralised IT system referred to in Articles 3(1) and

  5(1) and 4 (1) and (2) from the first day of the month following the period of two three years after the adoption of the implementing act referred to in Article 12(4).

  They shall use that decentralised IT system to procedures instituted from the day referred to in

  the first subparagraph.

76 Regulation (EU) […] of the European Parliament and of the Council on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation (OJ L …).

• 3. 

  Member States shall start using the decentralised IT system referred to in Articles 3(1), and 5(1) and 4 (1) and (2) from the first day of the month following the period of two three years after the adoption of the implementing act referred to in Article 12(5).

  They shall use that decentralised IT system to procedures instituted from the day referred to in

  the first subparagraph.

• 4. 

  Member States shall start using the decentralised IT system referred to in Articles 3(1), and 5(1) and 4 (1) and (2) from the first day of the month following the period of two three years after the adoption of the implementing act referred to in Article 12(6).

  They shall use that decentralised IT system to procedures instituted from the day referred to in

  the first subparagraph.

  Article 25 Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official

Journal of the European Union.

It shall apply from [the first day of the month following the period of two years after the date of entry into force].

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I

ANNEX 1 I

Legal acts in the area of judicial cooperation in civil and commercial matters

• (1) 

  Council Directive 2002 2003/8/EC of 27 January 2003 to improve access to justice in crossborder disputes by establishing minimum common rules relating to legal aid for such disputes.

• (2) 

  Regulation (EC) No 805/2004 i of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims.

• (3) 

  Regulation (EC) No 1896/2006 i of the European Parliament and of the Council of

12 December 2006 creating a European order for payment procedure.

• (4) 

  Regulation (EC) No 861/2007 i of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.

• (5) 

  Council Regulation (EC) No 4/2009 i of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

• (6) 

  Regulation (EU) No 650/2012 i of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.

• (7) 

  Regulation (EU) No 1215/2012 i of the European Parliament and of the Council of

commercial matters (recast).

(7a) Regulation (EU) No 606/2013 i of the European Parliament and of the Council of

12 June 2013 on mutual recognition of protection measures in civil matters.

• (8) 

  Regulation (EU) No 655/2014 i of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters.

• (9) 

  Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings.

• (10) 

  Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.

• (11) 

  Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.

• (12) 

  Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction.

ANNEX II

ANNEX 2 II

Legal acts in the area of judicial cooperation in criminal matters

• (1) 

  Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams.

• (2) 

  Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

• (3) 

  Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

• (4) 

  Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

• (5) 

  Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders.

• (6) 

  Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union.

• (7) 

  Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.

• (8) 

  Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between

Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

• (9) 

  Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings.

(9a) Directive 2011/99 i/EU of the European Parliament and of the Council of

13 December 2011 on the European protection order.

• (10) 

  Directive 2014/41 i/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.

• (11) 

  Regulation (EU) 2018/1805 of the European Parliament and of the Council of

ANNEX III

ANNEX III

Timeline for the adoption of Implementing acts by the Commission

• - 

  Transitional period

• (1) 

  Implementing act: Article 12(3), 2 years after the entry into force of the regulation

Transitional period: Article 24(1), 3 years after the adoption of the Implementing act

Covered legal acts:

– Regulation (EC) No 1896/2006 i of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. (Annex I, point 3)

– Regulation (EC) No 861/2007 i of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure. (Annex I, point 4)

– Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. (Annex II, point 2)

– Directive 2014/41 i/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. (Annex II, point 10)

– Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders. (Annex II, point 11)

• (2) 

  Implementing act: Article 12(4), 3 years after the entry into force of the regulation

Transitional period: Article 24(2), 3 years after the adoption of the Implementing act

Covered legal acts:

– Council Directive 2003/8/EC i of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes. (Annex I, point 1)

– Regulation (EU) No 606/2013 i of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters

(Annex I, point 7a).

– Regulation (EU) No 655/2014 i of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters. (Annex I, point 8)

– Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings. (Annex I, point 9)

– Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. (Annex II, point 6)

– Directive 2011/99 i/EU of the European Parliament and of the Council of

13 December 2011 on the European protection order. (Annex II, point 9a)

• (3) 

  Implementing act: Article 12(5), 5 years after the entry into force of the regulation

Transitional period: Article 24(3), 3 years after the adoption of the Implementing act

Covered legal acts:

– Regulation (EU) No 650/2012 i of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of

decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. (Annex I, point 6)

– Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes. (Annex I, point 10)

– Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. (Annex I, point 11)

– Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. (Annex II, point 3)

– Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties. (Annex II, point 4)

– Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders. (Annex II, point 5)

– Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings.

(Annex II, point 9) (4) Implementing act: Article 12(6), 6 years after the entry into force of the regulation

Transitional period: Article 24(4), 3 years after the adoption of the Implementing act

Covered legal acts:

– Regulation (EC) No 805/2004 i of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims. (Annex I, point 2)

– Council Regulation (EC) No 4/2009 i of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. (Annex I, point 5)

– Regulation (EU) No 1215/2012 i of the European Parliament and of the Council of

12 December 2012 on jurisdiction and the recognition and enforcement of

judgments in civil and commercial matters (recast). (Annex I, point 7)

– Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental

responsibility, and on international child abduction. (Annex I, point 12)

– Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions. (Annex II, point 7)

– Council Framework Decision 2009/829/JHA of 23 October 2009 on the application,

between Member States of the European Union, of the principle of mutual

recognition to decisions on supervision measures as an alternative to provisional

detention. (Annex II, point 8)