Directive (EU) 2023/2843 of the European Parliament and of the Councilof 13 December 2023amending Directives 2011/99/EU and 2014/41/EU of the European Parliament and of the Council, Council Directive 2003/8/EC and Council Framework Decisions 2002/584/JHA, 2003/577/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA, 2008/947/JHA, 2009/829/JHA and 2009/948/JHA, as regards digitalisation of judicial cooperation

Directive 2014/41/EU is amended as follows:

(1) the following article is inserted:

Article 5a

Means of communication

1. With the exception of communication under Article 9(6), Article 11(4), Article 12(5) and (6) and Article 16(2), first subparagraph, official communication under this Directive between the issuing authority and the executing authority shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council

Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 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, 2023/2844, 27.12.2023, ELI: http://data.europa.eu/reg/2023/2844/oj).;

.

1. Where a Member State has designated a central authority or authorities, paragraph 1 shall also apply to official communication with the central authority or authorities of another Member State.

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

1. The EIO completed in accordance with Article 5 shall be transmitted by the issuing authority to the executing authority.

(3) in Article 15, paragraph 2 is replaced by the following:

1. As soon as the grounds for postponement have ceased to exist, the executing authority shall forthwith take the necessary measures for the execution of the EIO and inform the issuing authority thereof.

;

(4) Article 16 is amended as follows:

(a) paragraph 2 is replaced by the following:

1. Without prejudice to Article 10(4) and (5), 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 a 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 5a.

;

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

Without prejudice to Article 10(4) and (5), the executing authority shall inform the issuing authority without delay:.

Chapter III

Transposition

Article 12

Transposition of Articles 2 and 11

Member States shall adopt and publish, within two years of the entry into force of the corresponding implementing act referred to in Article 10(3)(a) of Regulation (EU) 2023/2844 the laws, regulations and administrative provisions necessary to comply with Articles 2 and 11 of this Directive. They shall immediately inform the Commission thereof.

They shall apply those provisions from the first day of the month following the period of two years after the entry into force of the corresponding implementing act referred to in Article 10(3)(a) of Regulation (EU) 2023/2844.

When Member States adopt those provisions, they shall contain a reference to Articles 2 and 11 of this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 13

Transposition of Articles 1, 6 and 10

Member States shall adopt and publish, within two years of the entry into force of the corresponding implementing act referred to in Article 10(3)(b) of Regulation (EU) 2023/2844, the laws, regulations and administrative provisions necessary to comply with Articles 1, 6 and 10 of this Directive. They shall immediately inform the Commission thereof.

They shall apply those provisions from the first day of the month following the period of two years after the entry into force of the corresponding implementing act referred to in Article 10(3)(b) of Regulation (EU) 2023/2844.

When Member States adopt those provisions, they shall contain a reference to Articles 1, 6 and 10 of this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 14

Transposition of Articles 3, 4, 5 and 9

Member States shall adopt and publish, within two years of the entry into force of the corresponding Implementing act referred to in Article 10(3)(c) of Regulation (EU) 2023/2844, the laws, regulations and administrative provisions necessary to comply with Articles 3, 4, 5 and 9 of this Directive. They shall immediately inform the Commission thereof.

They shall apply those provisions from the first day of the month following the period of two years after the entry into force of the corresponding implementing act referred to in Article 10(3)(c) of Regulation (EU) 2023/2844.

When Member States adopt those provisions, they shall contain a reference to Articles 3, 4, 5and 9 of this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 15

Transposition of Articles 7 and 8

Member States shall adopt and publish, within two years of the entry into force of the corresponding implementing act referred to in Article 10(3)(d) of Regulation (EU) 2023/2844, the laws, regulations and administrative provisions necessary to comply with Articles 7 and 8 of this Directive. They shall immediately inform the Commission thereof.

They shall apply those provisions from the first day of the month following the period of two years after the entry into force of the corresponding implementing act referred to in Article 10(3)(d) of Regulation (EU) 2023/2844.

When Member States adopt those provisions, they shall contain a reference to Articles 7 and 8 of this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

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.

Done at Strasbourg, 13 December 2023.

For the European Parliament

The President

R. Metsola

For the Council

The President

P. Navarro Ríos