Annexes to COM(2018)225 - European Production and Preservation Orders for electronic evidence in criminal matters - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2018)225 - European Production and Preservation Orders for electronic evidence in criminal matters. |
|---|---|
| document | COM(2018)225  |
| date | July 12, 2023 |
EUROPEAN PRODUCTION ORDER CERTIFICATE (EPOC) FOR THE PRODUCTION OF ELECTRONIC EVIDENCE
Under Regulation (EU) 2023/1543 of the European Parliament and of the Council (1) the addressee of this European Production Order Certificate (EPOC) must execute this EPOC and must transmit the requested data in accordance with the deadline(s) specified in Section C of this EPOC to the competent authority indicated under point (a) of Section L of this EPOC.
In all cases, the addressee must, upon receipt of the EPOC, act expeditiously to preserve the data requested, unless the information in the EPOC does not allow it to identify those data. The data must continue to be preserved until the data are produced or until the issuing authority or, where applicable, the enforcing authority, indicates that it is no longer necessary to preserve and produce the data.
The addressee must take the necessary measures to ensure the confidentiality, secrecy and integrity of the EPOC and of the data produced or preserved.
SECTION A: Issuing/validating authority
Issuing State:…
Issuing authority:…
Validating authority (where applicable):…
NB: details of issuing and validating authority to be provided at the end (Sections I and J)…
File number of the issuing authority:…
File number of the validating authority:…
SECTION B: Addressee
Addressee:…
Designated establishment
Legal representative
This order is issued in an emergency case to the specified addressee because the designated establishment or the legal representative of a service provider did not react to the EPOC within the deadlines set out in Article 10 of Regulation (EU) 2023/1543 or has not been designated or appointed within the deadlines set out in Directive (EU) 2023/1544 of the European Parliament and of the Council (2)
Address:…
Tel. No/Fax No/email (if known):…
Contact person (if known):…
File number of the addressee (if known):…
Service provider concerned (if different from addressee):…
Any other relevant information:…
SECTION C: Deadlines (tick the appropriate box and complete, if necessary)
Upon receipt of the EPOC, the data requested must be produced:
as soon as possible and at the latest within 10 days (no notification to the enforcing authority)
in the case of notification to the enforcing authority: at the end of the 10 days, where the enforcing authority has not raised a ground for refusal within that time period, or upon confirmation by the enforcing authority before the end of the 10 days that it will not raise a ground for refusal, as soon as possible and at the latest at the end of the 10 days
without undue delay and at the latest within eight hours in an emergency case involving:
an imminent threat to the life, physical integrity or safety of a person
an imminent threat to a critical infrastructure as defined in Article 2, point (a), of Council Directive 2008/114/EC (3), where the disruption or destruction of such critical infrastructure would result in an imminent threat to the life, physical integrity or safety of a person, including through serious harm to the provision of basic supplies to the population or to the exercise of the core functions of the State.
Please indicate whether there are any procedural or other deadlines which should be taken into account for the execution of this EPOC:…
Please provide additional information where relevant:…
SECTION D: Relation to a previous production/preservation request (tick and complete if applicable and available)
The requested data were totally/partially preserved in accordance with an earlier request for preservation
issued by … (indicate the authority and the file number)
on … (indicate the date of issuance of the request)
and transmitted on … (indicate the date of transmission of the request)
to … (indicate the service provider/ legal representative/ designated establishment/competent authority to which the request was transmitted and, if available, the file number given by the addressee).
The requested data are related to an earlier request for production
issued by … (indicate the authority and the file number)
on … (indicate the date of issuance of the request)
and transmitted on … (indicate the date of transmission of the request)
to … (indicate the service provider/ legal representative/ designated establishment/competent authority to which it was transmitted and, if available, the file number given by the addressee).
Any other relevant information:…
SECTION E: Information to support identification of the requested data (complete to the extent this information is known and necessary to identify the data)
IP address(es) and timestamps (incl. date and time zone):…
Tel No:…
Email address(es):…
IMEI number(s):…
MAC address(es):…
The user(s) or other unique identifier(s) such as user name(s), login ID(s) or account name(s):…
Name(s) of the relevant service(s):…
Other:…
If applicable, the time range of the data for which production is requested:
……
Additional information if needed:…
SECTION F: Electronic evidence to be produced
This EPOC concerns (tick the relevant box(es)):
| (a) | subscriber data: name, date of birth, postal or geographic address, contact information (email address, phone number) and other relevant information pertaining to the identity of the user/subscription holder date and time of initial registration, type of registration, copy of a contract, means of verification of identity at the moment of registration, copies of documents provided by the subscriber type of service and its duration, including identifier(s) used by or provided to the subscriber at the moment of initial registration or activation (e.g. phone number, SIM-card number, MAC address) and associated device(s) profile information (e.g. user name, screen name, profile photo) data on the validation of the use of service, such as an alternative email address provided by the user/subscription holder debit or credit card information (provided by the user for billing purposes), including other means of payment PUK-codes other:… |
| (b) | data requested for the sole purpose of identifying the user as defined in Article 3, point (10), of Regulation (EU) 2023/1543: IP connection records such as IP addresses / logs / access numbers together with other technical identifiers, such as source ports and time stamps or equivalent, the user ID and the interface used in the context of the use of the service, please specify, if necessary:… time range of the data for which production is requested (if different from Section E):… other:… |
| (c) | traffic data:
|
| (d) | content data: (web)mailbox dump online storage dump (user-generated data) pagedump message log/backup voicemail dump server contents device backup contact list other:… Additional information in case necessary to (further) specify or limit the range of the requested data:… |
SECTION G: Information on the underlying conditions
| (a) | This EPOC concerns (tick the relevant box(es)): criminal proceedings in respect of a criminal offence(s); execution of a custodial sentence or a detention order of at least four months following criminal proceedings, imposed by a decision that was not rendered in absentia, in cases where the person convicted absconded from justice. |
| (b) | Nature and legal classification of the offence(s) in relation to which the EPOC is issued and the applicable statutory provision (4): …… |
| (c) | This EPOC is issued for traffic data which are not requested for the sole purpose of identifying the user, or for content data, or both, and concerns (tick the relevant box(es), if applicable): criminal offence(s) punishable in the issuing State by a custodial sentence of a maximum of at least three years; one or more of the following offences, if wholly or partly committed by means of an information system: offence(s) as defined in Articles 3 to 8 of Directive (EU) 2019/713 of the European Parliament and of the Council (5); offence(s) as defined in Articles 3 to 7 of Directive 2011/93/EU of the European Parliament and of the Council (6); offence(s) as defined in Articles 3 to 8 of Directive 2013/40/EU of the European Parliament and of the Council (7); criminal offences as defined in Articles 3 to 12 and 14 of Directive (EU) 2017/541 of the European Parliament and of the Council (8). |
| (d) | Controller/processor: European Production Orders shall be addressed to service providers acting as controllers. By way of exception, the European Production Order may be addressed directly to the service provider that processes the data on behalf of the controller. Tick where appropriate: This EPOC is addressed to the service provider acting as controller. This EPOC is addressed to the service provider who is or, in the case of situations where the controller cannot be identified, is possibly processing the data on behalf of the controller, because: the controller cannot be identified despite reasonable efforts on the part of the issuing authority addressing the controller might be detrimental to the investigation If this EPOC is addressed to the service provider processing data on behalf of the controller: the processor shall inform the controller about the data production the processor shall not inform the controller about the data production until further notice, as it would be detrimental to the investigation. Please provide a short justification (9):… |
| (e) | Any other relevant information:… |
SECTION H: Information to the user
The addressee shall in any event refrain from informing the person whose data are being requested. It is the responsibility of the issuing authority to inform that person, without undue delay, about the data production.
Please note that (tick where appropriate):
the issuing authority will delay informing the person whose data are being requested, for as long as one or several of the following conditions are met:
it is necessary to avoid obstructing official or legal inquiries, investigations or procedures;
it is necessary to avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;
it is necessary to protect public security;
it is necessary to protect national security;
it is necessary to protect the rights and freedoms of others.
SECTION I: Details of the issuing authority
The type of issuing authority (tick the relevant box/boxes):
judge, court, or investigating judge
public prosecutor
other competent authority as defined by the issuing State
If validation is necessary, please fill in also Section J.
Please note that (tick if applicable):
| This EPOC was issued for subscriber data, or for data requested for the sole purpose of identifying the user, in a validly established emergency case without prior validation, because the validation could not have been obtained in time, or both. The issuing authority confirms that it could issue an order in a similar domestic case without validation, and that ex post validation will be sought without undue delay, at the latest within 48 hours (please note that the addressee will not be informed). |
Details of the issuing authority, or its representative, or both, certifying the contents of the EPOC as accurate and correct:
Name of authority:…
Name of its representative:…
Post held (title/grade):…
File number:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
Language(s) spoken:…
If different from above, authority/contact point (e.g. central authority) which can be contacted for any question related to the execution of the EPOC:
Name of the authority/name:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
Signature of the issuing authority or its representative certifying the content of the EPOC as accurate and correct:
Date:…
Signature (10):…
SECTION J: Details of the validating authority (complete if applicable)
The type of validating authority
judge, court or investigating judge
public prosecutor
Details of the validating authority, or its representative, or both, certifying the contents of the EPOC as accurate and correct:
Name of the authority:…
Name of its representative:…
Post held (title/grade):…
File number:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
Language(s) spoken:…
Date:…
Signature (11):…
SECTION K: Notification and details of the notified enforcing authority (if applicable)
This EPOC is notified to the following enforcing authority: …
Please provide contact details of the notified enforcing authority (if available):
Name of the enforcing authority:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
SECTION L: Transfer of data
| (a) | Authority to whom the data have to be transferred issuing authority, validating authority other competent authority (e.g. central authority) Name and contact details:… |
| (b) | Preferred format in which or means by which the data have to be transferred (if applicable):… |
SECTION M: Further information to be included (not to be sent to the addressee ‒ to be provided to the enforcing authority in the event that notification to the enforcing authority is required)
The grounds for determining that the European Preservation Order fulfils the conditions of necessity and proportionality:
……
A summary description of the case:
……
Is the offence for which the European Production Order is being issued punishable in the issuing State by a custodial sentence or a detention order for a maximum period of at least three years and included in the list of offences set out below (tick the relevant box/boxes)?
participation in a criminal organisation;
terrorism;
trafficking in human beings;
sexual exploitation of children and child pornography;
illicit trafficking in narcotic drugs and psychotropic substances;
illicit trafficking in weapons, munitions and explosives;
corruption;
fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371 of the European Parliament and of the Council (12);
laundering of the proceeds of crime;
counterfeiting currency, including the euro;
computer-related crime;
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;
facilitation of unauthorised entry and residence;
murder or grievous bodily injury;
illicit trade in human organs and tissue;
kidnapping, illegal restraint or hostage-taking;
racism and xenophobia;
organised or armed robbery;
illicit trafficking in cultural goods, including antiques and works of art;
swindling;
racketeering and extortion;
counterfeiting and piracy of products;
forgery of administrative documents and trafficking therein;
forgery of means of payment;
illicit trafficking in hormonal substances and other growth promoters;
illicit trafficking in nuclear or radioactive materials;
trafficking in stolen vehicles;
rape;
arson;
crimes within the jurisdiction of the International Criminal Court;
unlawful seizure of aircraft or ships;
sabotage.
Where appropriate, please add any additional information that the enforcing authority may need to evaluate the possibility of raising grounds for refusal:
……
(1) Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, 28.7.2023, p. 118).
(2) Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (OJ L 191, 28.7.2023, p. 181).
(3) Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).
(4) For execution of a custodial sentence or detention order for traffic data, which is not required for the sole purpose of identifying the user, or content data please indicate in (b) and (c) the offence for which the sentence was imposed.
(5) Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA (OJ L 123, 10.5.2019, p. 18).
(6) Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
(7) Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, p. 8).
(8) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
(9) The issuing authority must indicate the reasons for the delay in the case file, only a short justification must be added in the EPOC.
(10) If the decentralised IT system is not used, please also add an official stamp, electronic seal or equivalent authentication.
(11) If the decentralised IT system is not used, please also add an official stamp, electronic seal or equivalent authentication.
(12) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
ANNEX II
EUROPEAN PRESERVATION ORDER CERTIFICATE (EPOC-PR) FOR THE PRESERVATION OF ELECTRONIC EVIDENCE
Under Regulation (EU) 2023/1543 of the European Parliament and of the Council (1) the addressee of this European Preservation Order Certificate (EPOC-PR) must, without undue delay after receiving the EPOC-PR, preserve the data requested. The preservation must cease after 60 days, unless extended by the issuing authority by an additional 30 days, or the issuing authority confirms that a subsequent request for production has been issued. If the issuing authority confirms within those time periods that a subsequent request for production has been issued, the addressee must preserve the data for as long as necessary to produce the data once the subsequent request for production is received.
The addressee must take necessary measures to ensure the confidentiality, secrecy and integrity of the EPOC-PR and of the data preserved.
SECTION A: Issuing/validating authority:
Issuing State:…
Issuing authority:…
Validating authority (where applicable):…
NB: details of issuing and validating authority to be provided at the end (Sections F and G)
File number of the issuing authority:…
File number of the validating authority:…
SECTION B: Addressee
Addressee:…
| Designated establishment |
| Legal representative |
| This order is issued in an emergency case to the specified addressee because the designated establishment or the legal representative of a service provider did not react to the EPOC-PR within the deadlines or has not been designated or appointed within the deadlines set out in Directive (EU) 2023/1544 of the European Parliament and of the Council (2) |
Address:…
Tel. No/Fax No/email (if known):…
Contact person (if known):…
File number of the addressee (if known):…
Service provider concerned (if different from addressee):…
Any other relevant information:…
SECTION C: Information to support identification of the data requested to be preserved (complete to the extent this information is known and necessary to identify the data)
| IP address(es) and timestamps (incl. date and time zone):… |
| Tel. No:… |
| Email address(es):… |
| IMEI number(s):… |
| MAC address(es):… |
| The user(s) of the service or other unique identifier(s) such as user name(s), login ID(s) or account name(s)… |
| Name(s) of the relevant service(s):… |
| Other:… If applicable, the time range of the data for which preservation is requested:… |
| Additional information if needed:… |
SECTION D: Electronic evidence to be preserved
This EPOC-PR concerns (tick the relevant box(es)):
| (a) | subscriber data: name, date of birth, postal or geographic address, contact information (email address, phone number) and other relevant information pertaining to the identity of the user/subscription holder date and time of initial registration, type of registration, copy of a contract, means of verification of identity at the moment of registration, copies of documents provided by the subscriber type of service and its duration, including identifier(s) used by or provided to the subscriber at the moment of initial registration or activation (e.g. phone number, SIM-card number, MAC-address) and associated device(s) profile information (e.g. user name, screen name, profile photo) data on the validation of the use of service, such as an alternative email address provided by the user/subscription holder debit or credit card information (provided by the user for billing purposes), including other means of payment PUK-codes other:… |
| (b) | data requested for the sole purpose of identifying the user as defined in Article 3, point (10) of Regulation (EU) 2023/1543: IP connection records such as IP addresses / logs / access numbers together with other identifiers, such as source ports and time stamps or equivalent, the user ID and the interface used in the context of the use of the service strictly necessary for identification purposes; please specify, if necessary:… time range of the data for which preservation is requested (if different from Section C):… other:… |
| (c) | traffic data:
|
| (d) | content data: (web)mailbox dump online storage dump (user-generated data) pagedump message log/backup voicemail dump server contents device backup contact list other:… Additional information in case necessary to (further) specify or limit the range of the requested data:… |
SECTION E: Information on the underlying conditions
| (a) | This EPOC-PR concerns (tick the relevant box(es)): criminal proceedings in respect of a criminal offence; execution of a custodial sentence or a detention order of at least four months following criminal proceedings, imposed by a decision that was not rendered in absentia, in cases where the person convicted absconded from justice. |
| (b) | Nature and legal classification of the offence(s) for which the EPOC-PR is issued and the applicable statutory provision (3)… |
SECTION F: Details of the issuing authority
The type of issuing authority (tick the relevant box/boxes):
judge, court, or investigating judge
public prosecutor
other competent authority as defined by the law of the issuing State
If validation is necessary, please fill in also Section G.
Please note that (tick if applicable):
This EPOC-PR was issued for subscriber data, or data requested for the sole purpose of identifying the user in a validly established emergency case without prior validation, because the validation could not have been obtained in time, or both. The issuing authority confirms that it could issue an order in a similar domestic case without validation, and that ex post validation will be sought without undue delay, at the latest within 48 hours (please note that the addressee will not be informed).
This emergency case refers to an imminent threat to the life, physical integrity or safety of a person or an imminent threat to a critical infrastructure as defined in Article 2, point (a), of Council Directive 2008/114/EC (4), where the disruption or destruction of such critical infrastructure would result in an imminent threat to the life, physical integrity or safety of a person, including through serious harm to the provision of basic supplies to the population or to the exercise of the core functions of the State.
Details of the issuing authority and/or its representative certifying the content of the EPOC-PR as accurate and correct:
Name of authority:…
Name of its representative:…
Post held (title/grade):…
File number:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
Language(s) spoken:…
If different from above, authority/contact point (e.g. central authority) which can be contacted for any question related to the execution of the EPOC-PR:
Name of authority/name:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
Signature of the issuing authority or its representative certifying the content of the EPOC-PR as accurate and correct:
Date:…
Signature (5):…
SECTION G: Details of the validating authority (complete if applicable)
The type of validating authority:
judge, court or investigating judge
public prosecutor
Details of the validating authority or its representative, or both, certifying the contents of the EPOC-PR as accurate and correct:
Name of the authority:…
Name of its representative:…
Post held (title/grade):…
File number:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
Language(s) spoken:…
Date:…
Signature (6):…
(1) Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, 28.7.2023, p. 118).
(2) Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (OJ L 191, 28.7.2023, p. 181).
(3) For execution of a custodial sentence or detention order, please indicate the offence for which the sentence was imposed.
(4) Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures (OJ L 345, 23.12.2008, p. 75).
(5) If the decentralised IT system is not used, please also add an official stamp, electronic seal or equivalent authentication.
(6) If the decentralised IT system is not used, please also add an official stamp, electronic seal or equivalent authentication.
ANNEX III
INFORMATION ON THE IMPOSSIBILITY OF EXECUTING AN EPOC / EPOC-PR
Under Regulation (EU) 2023/1543 of the European Parliament and of the Council (1), in cases where the addressee cannot comply with its obligation to preserve the requested data under an EPOC-PR or to produce it under an EPOC, cannot respect the specified deadline or does not provide the data exhaustively, this form should be completed by the addressee and sent back to the issuing authority as well as, where a notification took place and in other cases where applicable, to the enforcing authority referred to in the EPOC, without undue delay.
Where possible, the addressee shall preserve the data requested even where additional information is needed to identify them precisely, unless the information in the EPOC/EPOC-PR is insufficient for that purpose. If clarifications by the issuing authority are needed, the addressee shall seek them, without undue delay, using this form.
SECTION A: Certificate concerned
The following information concerns:
a European Production Order Certificate (EPOC)
a European Preservation Order Certificate (EPOC-PR)
SECTION B: Relevant authority(ies)
Issuing authority:…
File number of the issuing authority:…
If applicable, validating authority:…
If applicable, file number of the validating authority:…
Date of issue of the EPOC/EPOC-PR:…
Date of receipt of the EPOC/EPOC-PR:…
If applicable, enforcing authority:…
If available, file number of the enforcing authority:…
SECTION C: Addressee of the EPOC/EPOC-PR
Addressee of the EPOC/EPOC-PR:…
File number of the addressee:…
SECTION D: Reasons for non-execution
| (a) | The EPOC/EPOC-PR cannot be executed or cannot be executed within the specified deadline for the following reason(s): it is incomplete it contains manifest errors it does not contain sufficient information it does not concern data stored by or on behalf of the service provider at the time of receipt of the EPOC/EPOC-PR other reasons of de facto impossibility due to circumstances not attributable to the addressee or the service provider at the time the EPOC/EPOC-PR was received the European Production Order/European Preservation Order has not been issued or validated by an issuing authority as specified in Article 4 of Regulation (EU) 2023/1543. the European Production Order to obtain traffic data which are not requested for the sole purpose of identifying the user as defined in Article 3, point (10), of Regulation (EU) 2023/1543, or to obtain content data, has been issued for an offence not covered by Article 5(4) of Regulation (EU) 2023/1543. the service is not covered by Regulation (EU) 2023/1543. the data requested are protected by immunities or privileges granted under the law of the enforcing State, or the data requested are covered by rules on the determination or limitation of criminal liability that relate to freedom of the press or freedom of expression in other media, which prevent execution of the European Production Order / European Preservation Order. compliance with the European Production Order would conflict with the applicable law of a third country. Please complete also Section E. |
| (b) | Please explain further the reasons for non-execution referred to in point (a), and, where necessary, indicate and explain any other reasons not listed under point (a): …… |
SECTION E: Conflicting obligations arising from the law of a third country
In the event of conflicting obligations arising from the law of a third country, please include the following information:
| — | title of the law(s) of the third country: …… |
| — | applicable statutory provision(s) and text of the relevant provision(s): …… |
| — | nature of the conflicting obligation, including the interest protected by the law of the third country: fundamental rights of individuals (please specify): …… fundamental interests of the third country related to national security and defence (please specify): …… other interests (please specify): …… |
| — | explain why the law is applicable in this case: …… |
| — | explain why you consider there is a conflict in this case: …… |
| — | explain the link between the service provider and the third country in question: …… |
| — | possible consequences for the addressee of complying with the European Production Order, including the penalties that may be incurred: …… |
Please add any relevant additional information:…
SECTION F: Request for additional information/clarification (complete, if applicable)
Further information is required from the issuing authority for the EPOC/ EPOC-PR to be executed:
……
SECTION G: Preservation of data
The requested data (tick the relevant box and complete):
are being preserved until the data are produced or until the issuing authority, or where applicable, the enforcing authority, informs that it is no longer necessary to preserve and produce data or until the necessary information is provided by the issuing authority that makes it possible to narrow down the data to be preserved/produced
are not being preserved (this should only be the case exceptionally, e.g. if the service provider does not have the data upon receipt of the request or cannot identify the requested data sufficiently)
SECTION H: Contact details of the designated establishment/ legal representative of the service provider
Name of the designated establishment / legal representative of the service provider: …
Name of the contact person:…
Post held:…
Address:…
Tel. No: (country code) (area/city code)…
Fax No: (country code) (area/city code)…
Email:…
Name of the authorised person:…
Date…
Signature (2):…
(1) Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, 28.7.2023, p. 118).
(2) If the decentralised IT system is not used, please also add an official stamp, electronic seal or equivalent authentication.
ANNEX IV
CATEGORIES OF OFFENCES REFERRED TO IN ARTICLE 12(1), POINT (D)
| (1) | participation in a criminal organisation; |
| (2) | terrorism; |
| (3) | trafficking in human beings; |
| (4) | sexual exploitation of children and child pornography; |
| (5) | illicit trafficking in narcotic drugs and psychotropic substances; |
| (6) | illicit trafficking in weapons, munitions and explosives; |
| (7) | corruption; |
| (8) | fraud, including fraud and other criminal offences affecting the Union's financial interests as defined in Directive (EU) 2017/1371 of the European Parliament and of the Council (1); |
| (9) | laundering of the proceeds of crime; |
| (10) | counterfeiting currency, including the euro; |
| (11) | computer-related crime; |
| (12) | environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties; |
| (13) | facilitation of unauthorised entry and residence; |
| (14) | murder or grievous bodily injury; |
| (15) | illicit trade in human organs and tissue; |
| (16) | kidnapping, illegal restraint or hostage-taking; |
| (17) | racism and xenophobia; |
| (18) | organised or armed robbery; |
| (19) | illicit trafficking in cultural goods, including antiques and works of art; |
| (20) | swindling; |
| (21) | racketeering and extortion; |
| (22) | counterfeiting and piracy of products; |
| (23) | forgery of administrative documents and trafficking therein; |
| (24) | forgery of means of payment; |
| (25) | illicit trafficking in hormonal substances and other growth promoters; |
| (26) | illicit trafficking in nuclear or radioactive materials; |
| (27) | trafficking in stolen vehicles; |
| (28) | rape; |
| (29) | arson; |
| (30) | crimes within the jurisdiction of the International Criminal Court; |
| (31) | unlawful seizure of aircraft or ships; |
| (32) | sabotage. |
(1) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
ANNEX V
CONFIRMATION OF ISSUANCE OF A REQUEST FOR PRODUCTION FOLLOWING A EUROPEAN PRESERVATION ORDER
Under Regulation (EU) 2023/1543 of the European Parliament and of the Council (1), upon receipt of the European Preservation Order Certificate (EPOC-PR) the addressee must, without undue delay, preserve the data requested. The preservation must cease after 60 days, unless extended by the issuing authority by an additional 30 days, or the issuing authority confirms that the subsequent request for production has been issued, using the form set out in this Annex.
Following that confirmation, the addressee must preserve the data for as long as necessary to produce the data once the subsequent request for production is received.
SECTION A: Issuing authority of the EPOC-PR
Issuing State:…
Issuing authority:…
If different from the contact point indicated in the EPOC-PR, authority/contact point (e.g. central authority) which can be contacted for any question related to the execution of the EPOC-PR:
Name and contact details:…
SECTION B: Addressee of the EPOC-PR
Addressee:…
Address:…
Phone/fax/email (if known):…
Contact person (if known):…
File number of the addressee (if known):…
Service provider concerned (if different from addressee):…
Any other relevant information:…
SECTION C: Information about the EPOC-PR
The data are preserved in accordance with the EPOC-PR issued on… (indicate the date of issuance of request) and transmitted on… (indicate the date of transmission of request) with the file number…(indicate file number).
It was extended by 30 days by the issuing authority …, file number … on … (tick the box and indicate, if applicable).
SECTION D: Confirmation
This confirms that the following request for production has been issued (tick the appropriate box and complete, if necessary):
European Production Order Certificate issued by… (indicate the authority) on…(indicate the date of issuance of request) and transmitted on… (indicate the date of transmission of request) with the file number… (indicate file number) and transmitted to…(indicate the service provider/ designated establishment/ legal representative/ competent authority to which it was transmitted and, if available, the file number given by the addressee).
European Investigation Order issued by… (indicate the authority) on… (indicate the date of issuance of request) and transmitted on… (indicate the date of transmission of request) with the file number… (indicate file number) and transmitted to… (indicate the State and competent authority to which it was transmitted and, if available, the file number given by the requested authorities).
Mutual Legal Assistance request issued by… (indicate the authority) on…(indicate the date of issuance of request) and transmitted on… (indicate the date of transmission of request) with the file number… (indicate file number) and transmitted to…(indicate the State and competent authority to which it was transmitted and, if available, the file number given by the requested authorities).
Signature of the issuing authority and/or its representative
Name:…
Date:…
Signature (2):…
(1) Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, 28.7.2023, p. 118).
(2) If the decentralised IT system is not used, please also add an official stamp, electronic seal or equivalent authentication.
ANNEX VI
EXTENSION OF THE PRESERVATION OF ELECTRONIC EVIDENCE
Under Regulation (EU) 2023/1543 of the European Parliament and of the Council (1), upon receipt of the European Preservation Order Certificate (EPOC-PR) the addressee must, without undue delay, preserve the data requested. The preservation must cease after 60 days, unless the issuing authority confirms that the subsequent request for production has been issued. Within the 60 days, the issuing authority may extend the duration of the preservation by an additional 30 days where necessary, to allow for the issuing of the subsequent request for production, using the form set out in this Annex.
SECTION A: Issuing authority of the EPOC-PR
Issuing State: ……
Issuing authority: ……
File number of the issuing authority: ……
If different from the contact point indicated in the EPOC-PR, authority/contact point (e.g. central authority) which can be contacted for any question related to the execution of the EPOC-PR:
Name and contact details: ……
SECTION B: Addressee of the EPOC-PR
Addressee: ……
Address: ……
Phone/fax/email (if known): ……
Contact person (if known): ……
File number of the addressee (if known): ……
Service provider concerned (if different from addressee): ……
Any other relevant information: ……
SECTION C: Information on prior EPOC-PR
The data are preserved in accordance with the EPOC-PR issued on …… (indicate the date of issuance of request) and transmitted on …… (indicate the date of transmission of request) with the file number ……(indicate file number) and transmitted to ……
SECTION D: Extension of the prior preservation order
The obligation to preserve data under the EPOC-PR as specified in Section C is hereby extended by an additional 30 days.
Signature of the issuing authority and/or its representative
Name: ……
Date: ……
Signature (2): ……
(1) Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (OJ L 191, 28.7.2023, p. 118).
(2) If the decentralised IT system is not used, please also add an official stamp, electronic seal or equivalent authentication.