Legal provisions of COM(2021)760 - Amendment of a Council Directive, Council Framework Decisions and a Directive, as regards digitalisation of judicial cooperation

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dossier COM(2021)760 - Amendment of a Council Directive, Council Framework Decisions and a Directive, as regards digitalisation of judicial ...
document COM(2021)760 EN
date December 13, 2023


CHAPTER I
AMENDMENTS TO LEGAL ACTS IN THE AREA OF JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS

Contents

Article 1 - Amendments to Directive 2002/8/EC

In Article 13 of Directive 2002/8/EC, paragraph 4 is replaced by the following:

“4. The competent transmitting authority shall transmit the application to the competent receiving authority in the other Member State t in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]* within 15 days of the receipt of the application duly completed in one of the languages referred to in paragraph 2 of this Article, and the supporting documents, translated, where necessary, into one of those languages.”.

________

* 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 …).”.

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

Article 2 - Amendment to Framework Decision 2002/465/JHA

In Article 1 of Framework Decision 2002/465/JHA, the following paragraph is added:

“13. Written communications between Member States to set up a joint investigation team and sign a joint investigation team agreement, shall be made in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*.

_______

* 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 …).”

Article 3 - Amendment to Framework Decision 2002/584/JHA

Framework Decision 2002/584/JHA is amended as follows:

(1) in Article 10, paragraph 4 is replaced by the following:

“The issuing judicial authority shall forward the European arrest warrant in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*, without prejudice to paragraphs 2 and 3 of this Article.”;

________

* 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 18, paragraph (1), point (a) is replaced by the following:

(a) either agree that the requested person should be heard according to Article 19 or via video-conference in accordance with Article 8 of Regulation (EU) …/…[Digitalisation Regulation] 


(3) in Article 25, paragraph 3 is replaced by the following:

“3. The transit request and the information set out in paragraph 1 of this Article may be addressed to the authority designated pursuant to paragraph 2 of this Article in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]. The Member State of transit shall notify its decision by the same procedure.”.

Article 4 - Amendment to Framework Decision 2003/577/JHA

Framework Decision 2003/577/JHA is amended as follows:

(1) in Article 4, paragraph 1 is replaced by the following:

“1. A freezing order within the meaning of this Framework Decision, together with the certificate provided for in Article 9 of this Framework Decision, shall be transmitted by the judicial authority which issued it directly to the competent judicial authority for execution in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

________

* 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 5(1), the third subparagraph is replaced by the following:

“A report on the execution of the freezing order shall be made forthwith to the competent authority in the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”;

(3) in Article 7, paragraph 3 is replaced by the following:

“3. Any decision to refuse recognition or execution shall be taken and notified forthwith to the competent judicial authorities of the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”;

(4) Article 8 is amended as follows:

(a) paragraph 2 is replaced by the following:

“2. A report on the postponement of the execution of the freezing order, including the grounds for the postponement and, if possible, the expected duration of the postponement, shall be made forthwith to the competent authority in the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”;

(b) paragraph 3 is replaced by the following:

“3. As soon as the ground for postponement has ceased to exist, the competent judicial authority of the executing State shall forthwith take the necessary measures for the execution of the freezing order and inform the competent authority in the issuing State thereof in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”

Article 5 - Amendment to Framework Decision 2005/214/JHA

Council Framework Decision 2005/214/JHA is amended as follows:

(1) in Article 4, paragraph 3 is replaced by the following:

“3. The decision or a certified copy of it, together with the certificate, shall be transmitted by the competent authority in the issuing State directly to the competent authority in the executing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*. The original of the decision, or a certified copy of it, and the original of the certificate, shall be sent to the executing State if it so requires. All official written communications shall also be made directly between the said competent authorities in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

________

* 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 3 is replaced by the following:

“3. In cases referred to in paragraphs 1 and 2(c) and (g), before deciding not to recognise and to execute a decision, either totally or in part, the competent authority in the executing State shall consult the competent authority in the issuing State, in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*, and shall, where appropriate, ask it to supply any necessary information without delay.”


(3) In Article 14, introductory wording, is replaced by the following:

“The competent authority of the executing State shall without delay inform the competent authority of the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

Article 6 - Amendment to Framework Decision 2006/783/JHA

Framework Decision 2006/783/JHA is amended as follows:

(1) in Article 4, paragraph 2 is replaced by the following:

“2. The confiscation order or a certified copy thereof, together with the certificate, shall be transmitted by the competent authority of the issuing State directly to the authority of the executing State which is competent to execute it, in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*. The original of the confiscation order, or a certified copy thereof, and the original of the certificate shall be transmitted to the executing State if it so requires. All official written communications shall be made directly between the said competent authorities in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

________

* 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 10 is amended as follows:

(a) paragraph 3 is replaced by the following:

“3. In the case of postponement pursuant to paragraph 1, point (a), of this Article the competent authority of the executing State shall inform the competent authority of the issuing State thereof immediately in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation], and the competent authority of the issuing State shall comply with the obligations referred to in Article 14(3) of this Framework Decision.”;

(b) paragraph 4 is replaced by the following:

“4. In the cases referred to in paragraph 1, points (b) to (e), of this Article, a report on the postponement, including the grounds for the postponement and, if possible, the expected duration of the postponement, shall be made forthwith by the competent authority of the executing State to the competent authority of the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].

As soon as the ground for postponement has ceased to exist, the competent authority of the executing State shall forthwith take the necessary measures for the execution of the confiscation order and inform the competent authority of the issuing State thereof in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

(3) in Article 14(3), the introductory wording, is replaced by the following:

“The competent authority of the issuing State shall immediately inform the competent authority of any executing State concerned in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]:”

(4) Article 15 is replaced by the following:

“Article 15

Termination of execution

The competent authority of the issuing State shall forthwith inform the competent authority of the executing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation] of any decision or measure as a result of which the order ceases to be enforceable or shall be withdrawn from the executing State for any other reason. The executing State shall terminate execution of the order as soon as it is informed by the competent authority of the issuing State of that decision or measure.”;

(5) In Article 17, the introductory wording, is replaced by the following:

“The competent authority of the executing State shall without delay inform the competent authority of the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]:”

Article 7 - Amendments to Framework Decision 2008/909/JHA

Framework Decision 2008/909/JHA is amended as follows:

(1) in Article 5, paragraph 1 is replaced by the following:

“1. The judgment or a certified copy of it, together with the certificate, shall be forwarded, by the competent authority of the issuing State directly to the competent authority of the executing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*. The original of the judgment, or a certified copy of it, and the original of the certificate, shall be sent to the executing State if it so requires. All official written communications shall also be made directly between the said competent authorities in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

________

* 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 16, paragraph 1 is replaced by the following:

“1. Each Member State shall, in accordance with its law, permit the transit through its territory of a sentenced person who is being transferred to the executing State, provided that a copy of the certificate referred to in Article 4 of this Framework Decision has been forwarded to it by the issuing State together with the transit request. The transit request and the certificate may be transmitted in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]. Upon request of the Member State to permit transit, the issuing State shall provide a translation of the certificate into one of the languages, to be indicated in the request, which the Member State requested to permit transit accepts.”;

(3) in Article 21, the introductory wording is replaced by the following:

“The competent authority of the executing State shall without delay inform the competent authority of the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]:”.

Article 8 - Amendments to Framework Decision 2008/947/JHA

Framework Decision 2008/947/JHA is amended as follows:

(1) Article 6 is amended as follows:

(a) paragraph 2 is replaced by the following:

“2. The judgment and, where applicable, the probation decision, together with the certificate referred to in paragraph 1 of this Article, shall be forwarded by the competent authority of the issuing State directly to the competent authority of the executing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*. The original of the judgment and, where applicable, the probation decision, or certified copies thereof, as well as the original of the certificate, shall be sent to the competent authority of the executing State if it so requires. All official written communications shall also be made directly between the said competent authorities in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

________

* 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 7 is replaced by the following:

“7. When an authority of the executing State which receives a judgment and, where applicable, a probation decision, together with the certificate referred to in paragraph 1 of this Article, has no competence to recognise it and take the ensuing necessary measures for the supervision of the probation measure or alternative sanction, it shall, ex officio, forward it to the competent authority and shall without delay inform the competent authority of the issuing State accordingly in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”;

(2) in Article 12, paragraph 1 is replaced by the following:

“1. The competent authority of the executing State shall decide as soon as possible, and within 60 days of receipt of the judgment and, where applicable, the probation decision, together with the certificate referred to in Article 6(1) of this Framework Decision, whether or not to recognise the judgment and, where applicable, the probation decision and assume responsibility for supervising the probation measures or alternative sanctions. It shall immediately inform the competent authority of the issuing State of its decision, in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”;

(3) Article 16 is amended as follows:

(a) paragraph 1 is replaced by the following:

“1. The competent authority of the executing State shall without delay inform the competent authority of the issuing State, in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation], of all decisions on the:

(a) modification of the probation measure or alternative sanction;

(b) revocation of the suspension of the execution of the judgment or revocation of the decision on conditional release;

(c) enforcement of a custodial sentence or measure involving deprivation of liberty, because of non-compliance with a probation measure or alternative sanction;

(d) lapsing of the probation measure or alternative sanction.”;

   (b) paragraph 3 is replaced by the following:

“3. The competent authority of the issuing State shall immediately inform the competent authority of the executing State, in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation], of any circumstances or findings which, in its opinion, could entail one or more of the decisions referred to in paragraph 1, points (a), (b) or (c) of this Article being taken. “;

(4) in Article 17, paragraph 3 is replaced by the following:

“3. Notice of the findings mentioned in paragraph 1 points (a) and (b) and in paragraph 2 of this Article shall be given using the standard form set out in Annex II. Notice of the facts and circumstances mentioned in paragraph 1, point (c), of this Article shall be given, in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation], including, where possible, through the form set out in Annex II of this Framework Decision.”;

(5) in Article 18, the introductory wording is replaced by the following:

“The competent authority of the executing State shall without delay inform the competent authority of the issuing State, in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation], of:”.

Article 9 - Amendments to Framework Decision 2009/829/JHA

Framework Decision 2009/829/JHA is amended as follows:

(1) in Article 10, paragraph 2 is replaced by the following:

“2. The decision on supervision measures or a certified copy of it, together with the certificate, shall be forwarded by the competent authority in the issuing State directly to the competent authority in the executing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*. The original of the decision on supervision measures, or a certified copy of it, and the original of the certificate, shall be sent to the executing State if it so requires. All official written communications shall also be made directly between the said competent authorities in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”.

________

* 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 20(2), the introductory wording is replaced by the following:

“The competent authority in the executing State shall, without delay, inform the competent authority in the issuing State in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]”.

Article 10 - Amendments to Framework Decision 2009/948/JHA

Article 7 of Framework Decision 2009/948/JHA is replaced by the following:

“Article 7

Means of communication

The contacting and contacted authorities shall communicate in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*.

________

* 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 …).”.

Article 11 - Amendment to Directive 2014/41/EU

Directive 2014/41/EU is amended as follows:

(1) in Article 7, paragraph 1 is replaced by the following:

“1. The EIO completed in accordance with Article 5 of this Directive shall be transmitted from the issuing authority to the executing authority in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]*.

________

* 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 15, paragraph 2 is replaced by the following:

“2. As soon as the ground for postponement has ceased to exist, the executing authority shall forthwith take the necessary measures for the execution of the EIO and inform the issuing authority in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”;

(3) Article 16 is amended as follows:

(a) paragraph 2 is replaced by the following:

“2. Without prejudice to Article 10(4) and (5) of this Directive the executing authority shall inform the issuing authority immediately by any means:

(a) if it is impossible for the executing authority to take a decision on the recognition or execution due to the fact that the form provided for in Annex A is incomplete or manifestly incorrect;

(b) if the executing authority, in the course of the execution of the EIO, considers without further enquiries that it may be appropriate to carry out investigative measures not initially foreseen, or which could not be specified when the EIO was issued, in order to enable the issuing authority to take further action in the specific case; or

(c) if the executing authority establishes that, in the specific case, it cannot comply with formalities and procedures expressly indicated by the issuing authority in accordance with Article 9.

Upon request by the issuing authority, the information shall be confirmed without delay in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].”;

(b) in paragraph 3, the introductory wording is replaced by the following:

“Without prejudice to Article 10(4) and (5) of this Directive the executing authority shall inform the issuing authority without delay in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation]:”.


CHAPTER III
TRANSPOSITION

Article 12 - Transposition of Articles 3, 7 and 11

Member States shall adopt and publish, by [two years from the adoption of the Implementing act referred to in Article 12(3) of Regulation (EU) …/…(Digitalisation Regulation) at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 3, 7 and 11. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions 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) of Regulation (EU) …/…[Digitalisation Regulation].

When Member States adopt those provisions, they shall contain a reference to Articles 3, 7 and 11 of this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 13 - Transposition of Article 1

Member States shall adopt and publish, by [two years from the adoption of the Implementing act referred to in Article 12(4) of Regulation (EU) …/…(Digitalisation Regulation)] at the latest, the laws, regulations and administrative provisions necessary to comply with Article 1. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions 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) of Regulation (EU) …/…[Digitalisation Regulation].

When Member States adopt those provisions, they shall contain a reference to Article 1 of this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 14 - Transposition of Articles 4, 5, 6 and 10

Member States shall adopt and publish, by [two years from the adoption of the Implementing act referred to in Article 12(5) of Regulation (EU) …/…(Digitalisation Regulation)] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 4, 5, 6 and 10. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions 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) of Regulation (EU) …/…[Digitalisation Regulation].

When Member States adopt those provisions, they shall contain a reference to Articles 4, 5, 6, 10 and 11 of this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 15 - Transposition of Articles 2, 8 and 9

Member States shall adopt and publish, by [two years from the adoption of the Implementing act referred to in Article 12(6) of Regulation (EU) …/…(Digitalisation Regulation)] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2, 8 and 9. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions 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) of Regulation (EU) …/…[Digitalisation Regulation].

When Member States adopt those provisions, they shall contain a reference to Articles 2, 8 and 9 of this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 16 - Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 17

This Directive is addressed to the Member States in accordance with the Treaties.