Legal provisions of COM(2021)759 - Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters

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dossier COM(2021)759 - Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters.
document COM(2021)759 EN
date December 13, 2023


CHAPTER I
GENERAL PROVISIONS

Contents

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:

(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, Union agencies and bodies and other authorities taking part in judicial cooperation procedures in accordance with the provisions of the legal acts listed in Annex I and Annex II;

(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) “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) “European electronic access point” means an interoperable access point in the context of the decentralised IT system, which is accessible to natural and legal persons throughout the Union; 

(6) “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 between competent authorities in cases falling under the scope of the legal acts listed in Annex I and 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 I and 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 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, send and receive procedurally relevant information and communicate with the competent authorities.

Article 5 - 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)the European electronic access point; or

(b)national IT portals, where available.

2. Competent authorities shall communicate with natural and legal persons through the European electronic access point, where that natural or legal person gave prior express consent to the use of this means of communication. 

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 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, competent authorities shall allow their participation to a hearing by 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. 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

1. Where the competent authority of a Member State requests the hearing of a suspect, accused or convicted person in proceedings under the legal acts listed in Annex II,  the competent authority shall allow their participation to the hearing by 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;

(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/EU.

2. Paragraph 1 is without prejudice to the provisions regulating the use of videoconferencing or other distance communication technology in the legal acts listed in Annex II.

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

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 50 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.

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 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, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead.

3. Where a document transmitted as part of the electronic communication under Article 5 of this Regulation requires or features a seal or handwritten signature, advanced electronic seals, advanced electronic signatures, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead.

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 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.


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;

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 and the legal acts listed in Annex II, points 2, 6 and 10 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, 8 and 9 and the legal act listed in Annex II, point 11 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 and the legal acts listed in Annex II, points 3, 4, 5 and 9 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 and the legal acts listed in Annex II, points 1, 7 and 8 shall be adopted by [6 years after the entry into force].

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 back-end 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.

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

1. Each Member State shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory.

2. Each Member State shall bear the costs of establishing and adjusting its 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 case-management 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 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 the Member State from which the information is being sent, remains confidential in accordance with 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 51 .

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

Article 17 - Monitoring and Evaluation

1. Every five years after the date of application of Article 25, 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 an equivalent notification procedure applies under other Union legal acts, the Member States shall provide the Commission on an annual basis with information relevant for the evaluation of the operation and application of this Regulation on:

(a)the costs incurred under Article 14(2) of this Regulation;

(b)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.

3. Each Member State shall designate one or more competent authorities to provide the Commission on an annual basis with the following data:

(a)the number of cases handled by that authority, where communication was carried out by means other than through the decentralised IT system, in accordance with Article 3(2);

(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;

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 (a) of paragraph 3 and transmit them to the Commission on an annual basis.

Article 18 - Information to be communicated to the Commission

5. 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 portals, where applicable;

(b)a description of the national laws and procedures applicable to videoconferencing;

(c)information on fees due in cross-border cases;

(d)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. Member States may notify the Commission if they are in a position to 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
Regulation (EC) No 1896/2006 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 of Regulation (EU) …/…[this Regulation] 53*, or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin .”.

(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 shall be signed in accordance with Article 9(3) of Regulation (EU) …/…[this Regulation] 54*. The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.”.

(3) 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 of Regulation (EU) …/…[this Regulation] 55*, or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.”.

(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 of this Article, it shall be signed in accordance with Article 9(3) of Regulation (EU) …/…[this Regulation] 56*. The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.”.
Regulation (EC) No 861/2007 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 of Regulation (EU) …/…[this Regulation] 58* 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.”. 

(2) 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] 59*.
Regulation (EU) No 655/2014 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 of Regulation (EU) …/…[this Regulation] 61*.”

(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 of Regulation (EU) …/…[this Regulation] 62*.”.

(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] 63* 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] 64*; or

(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 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 of Regulation (EU) …/…[this Regulation] 65*.”

(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] 66*.”.
Regulation (EU) 848/2015 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]*,”.

(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 of Regulation (EU) …/…[this Regulation] 68*.

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]*.”.

CHAPTER VIII - AMENDMENTS TO LEGAL ACTS IN THE AREA OF JUDICIAL COOPERATION IN CRIMINAL MATTERS

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] 70*.”.

(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] 71*, without undue delay once the executing authority has been informed that the freezing order has been executed.”

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

(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] 73*, 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 Regulation (EU) …/…[this Regulation] 74*, 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.”

“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] 75*.”

(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 in accordance with Article 3 of Regulation (EU) …/…[this Regulation] 76*. 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.”

(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] 77*.”.

(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] 78* 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] 79*, the issuing authority of the results of the execution”.

(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 Regulation (EU) …/…[this Regulation] 80*.”

(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] 81*, 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 Regulation (EU) …/…[this Regulation] 82*, 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”.

(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] 83*.”

(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] 84*, 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] 85*, a confirmation of the termination to the issuing State.”

(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] 86*.”.


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 (2) from the first day of the month following the period of two 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 (2) from the first day of the month following the period of two 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.

3. Member States shall start using the decentralised IT system referred to in 3(1), and 5(1) and (2) from the first day of the month following the period of two 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 3(1), and 5(1) and (2) from the first day of the month following the period of two 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.