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Regulation (EU) 2023/2131 of the European Parliament and of the Councilof 4 October 2023amending Regulation (EU) 2018/1727 of the European Parliament and of the Council and Council Decision 2005/671/JHA, as regards digital information exchange in terrorism cases

32023R2131

Den Europæiske UnionForordning2023

European Union

§ Article 24

Article 24(1), second subparagraph, and Article 24(2) shall apply mutatis mutandis to liaison prosecutors.

The College shall lay down the detailed conditions of access.

;

(10) in Article 80, the following paragraphs are added:

  1. Eurojust may continue to use the case management system composed of temporary work files and of an index until 1 December 2025, if the new case management system is not yet in place.
  1. The competent national authorities and Eurojust may continue to use other channels of communication than those referred to in Article 22a(1) until the first day of the month following the period of two years after the date of entry into force of the implementing act referred to in Article 22b of this Regulation, if the channels of communication referred to in Article 22a(1) are not yet available for direct exchange between them.
  1. The competent national authorities may continue to provide information in other ways than semi-automatically in accordance with Article 22a(3) until the first day of the month following the period of two years after the date of entry into force of the implementing act referred to in Article 22b of this Regulation, if the technical requirements are not yet in place.

;

(11) the following Annex is added:

.

Article 2

Amendments to Decision 2005/671/JHA

Decision 2005/671/JHA is amended as follows:

(1) in Article 1, point (c) is deleted;

(2) Article 2 is amended as follows:

(a) paragraph 2 is deleted;

(b) paragraph 3 is replaced by the following:

  1. Each Member State shall take the necessary measures to ensure that at least the information referred to in paragraph 4 concerning criminal investigations for terrorist offences which affect or may affect two or more Member States, gathered by the relevant authority, is transmitted to Europol, in accordance with national law and with Regulation (EU) 2016/794 of the European Parliament and of the Council

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).;

.

(c) paragraph 5 is deleted.

Article 3

Entry into force

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

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

Done at Strasbourg, 4 October 2023.

For the European Parliament

The President

R. Metsola

For the Council

The President

J. M. Albares Bueno

Annex

ANNEX III

(a) information to identify the suspected, accused, convicted or acquitted person:

For a natural person:

surname (family name);

first names (given names);

any aliases;

date of birth;

place of birth (town and country);

nationality or nationalities;

identification document (type and document number);

gender;

place of residence;

For a legal person:

business name;

legal form;

place of head office;

For both natural and legal persons:

telephone numbers;

email addresses;

details of accounts held with banks or other financial institutions;

(b) information on the terrorist offence:

information concerning legal persons involved in the preparation or commission of a terrorist offence;

legal qualification of the offence under national law;

applicable form of serious crime from the list referred to in Annex I;

any affiliation with a terrorist group;

type of terrorism, such as jihadist, separatist, left-wing or right-wing;

brief summary of the case;

(c) information on the national proceedings:

status of such proceedings;

responsible public prosecutor’s office;

case number;

date of opening of formal judicial proceedings;

links with other relevant cases;

(d) additional information to identify the suspect:

fingerprint data that have been collected in accordance with national law during criminal proceedings;

photographs.

Metadata

Type
Forordning
År
2023
Ikrafttrædelsesdato
1. januar 1970