Directive (EU) 2023/2843 of the European Parliament and of the Council of 13 December 2023 amending 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

In Article 13(4)of Directive 2003/8/EC, the second subparagraph is replaced by the following: ‘The competent transmitting authority shall transmit the application to the competent receiving authority in the other Member State in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council 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.

1 Without prejudice to Article 9(2) and Article 10(2) and (3), official communication under this Framework Decision between the issuing judicial authority and the executing judicial authority shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council . Where a Member State has designated a central authority or authorities, the first subparagraph shall also apply to official communication with the central authority or authorities of another Member State.

2 Communication between the competent authority in the issuing Member State and the competent authority in the executing Member State, for the purposes of providing information required to enable the requested person to appoint a lawyer in the issuing State in accordance with Article 10(5) of Directive 2013/48/EU of the European Parliament and of the Council and to apply for legal aid in the issuing State in accordance with Article 5(2) of Directive (EU) 2016/1919 of the European Parliament and of the Council , shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844.

3 By way of derogation from paragraph 1, transit requests made pursuant to Article 25(3) may also be sent through secure law enforcement communication channels.

‘1 A freezing order within the meaning of this Framework Decision, together with the certificate provided for in Article 9, shall be transmitted by the judicial authority which issued it directly to the competent judicial authority for execution.’

‘3 Any decision to refuse recognition or execution shall be taken and notified forthwith to the competent judicial authorities of the issuing State.’

‘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.’

‘3 As soon as the grounds for postponement have 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.’

Official communication under this Framework Decision between the competent judicial authority of the issuing State and the competent judicial authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council .

‘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. 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. The originals or certified copies of documents may be sent in electronic form in accordance with Article 8 of Regulation (EU) 2023/2844 of the European Parliament and of the Council . All other official communications shall also be made directly between the said competent authorities.

1 With the exception of communication under Article 7(3),official communication under this Framework Decision between the competent authority of the issuing State and the competent authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844.

2 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 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. 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. The originals or certified copies of documents may be sent in electronic form in accordance with Article 8 of Regulation (EU) 2023/2844 of the European Parliament and of the Council . All other official communications shall also be made directly between the said competent authorities.

‘3 In the case of postponement pursuant to paragraph 1, point (a), the competent authority of the executing State shall inform the competent authority of the issuing State thereof immediately, and the competent authority of the issuing State shall comply with the obligations referred to in Article 14(3).’

‘4 In the cases referred to in paragraph 1, points (b) to (e), 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. As soon as the grounds for postponement have 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.’

The competent authority of the issuing State shall forthwith inform the competent authority of the executing State 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.’

1 With the exception of communication under Article 8(4) and Article 12(2), official communication under this Framework Decision between the competent authority of the issuing State and the competent authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844.

2 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.’.

‘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. 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. The originals or certified copies of documents may be sent in electronic form in accordance with Article 8 of Regulation (EU) 2023/2844 of the European Parliament and of the Council . All other official written communications shall also be made directly between the said competent authorities.

‘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 has been forwarded to it by the issuing State together with the transit request. The transit request and the certificate shall be transmitted in accordance with Article 22a. 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.’

1 With the exception of communication under Article 4(3), Article 9(3) and Article 12(3), official communication under this Framework Decision between the competent authority of the issuing State and the competent authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844.

2 By way of derogation from paragraph 1, transit requests made pursuant to Article 16(1) may also be sent through secure law enforcement communication channels.’.

‘2 The judgment and, where applicable, the probation decision, together with the certificate referred to in paragraph 1, shall be forwarded by the competent authority of the issuing State directly to the competent authority of the executing State. 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. The originals or certified copies of documents may be sent in electronic form in accordance with Article 8 of Regulation (EU) 2023/2844 of the European Parliament and of the Council . All other official communications shall also be made directly between the said competent authorities.

‘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, 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.’

‘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), 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.’

‘1 The competent authority of the executing State shall without delay inform the competent authority of the issuing State 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.’

‘3 The competent authority of the issuing State shall immediately inform the competent authority of the executing State 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) being taken.’

‘3 Notice of the findings referred to in paragraph 1, points (a) and (b), and in paragraph 2 shall be given using the standard form set out in Annex II. Notice of the facts and circumstances referred to in paragraph 1, point (c), shall be given, where possible, through the form set out in Annex II.’

With the exception of communication under Article 11(3) and Article 12(2), official communication under this Framework Decision between the competent authority of the issuing State and the competent authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844.’.

‘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. 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. The originals or certified copies of documents may be sent in electronic form in accordance with Article 8 of Regulation (EU) 2023/2844 of the European Parliament and of the Council . All other official communications shall also be made directly between the said competent authorities.

1 With the exception of communication under Article 12(3) and Article 15(2), official communication under this Framework Decision between the competent authority of the issuing State and the competent authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844.

2 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.’.

1 The contacting and contacted authorities shall communicate in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council .

2 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.

‘1 Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so in accordance with Article 16a.All other official communication shall also be made directly between those competent authorities.’

‘3 When an authority of the executing State which receives a European protection order has no competence to recognise it, that authority shall, ex officio, forward the European protection order to the competent authority and shall, without delay, inform the competent authority of the issuing State accordingly.’

‘4 If the competent authority in the executing State considers that the information transmitted with the European protection order in accordance with Article 7 is incomplete, it shall without delay inform the competent authority of the issuing State, assigning a reasonable period for it to provide the missing information.’

1 Official communication under this Directive between the competent authority of the issuing State and the competent authority of the executing State shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council .

2 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.

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 .

2 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.

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.

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.

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.

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.

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

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