Legal provisions of COM(2021)759 - Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters

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dossier COM(2021)759 - Digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters.
document COM(2021)759 EN
date December 13, 2023

Contents

CHAPTER I - GENERAL PROVISIONS


Article 1

Subject matter and scope

1. This Regulation establishes a uniform legal framework for the use of electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters and for the use of electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial matters.

In addition, it lays down rules on:

(a)the use of videoconferencing or other distance communication technology for purposes other than the taking of evidence under Regulation (EU) 2020/1783;

(b)the application of electronic signatures and electronic seals;

(c)the legal effects of electronic documents;

(d)electronic payment of fees.

2. This Regulation applies to electronic communication in judicial cooperation procedures in civil, commercial and criminal matters, as provided for in Articles 3 and 4, and hearings through videoconferencing or other means of distance communication technology in civil, commercial and criminal matters, as provided for in Articles 5 and 6.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘competent authority’ means a court, public prosecutor’s office, central authority and other competent authorities defined in, designated or which are the subject of notification in accordance with, the legal acts listed in Annexes I and II, as well as Union bodies and agencies that take part in judicial cooperation procedures in accordance with the legal acts listed in Annex II; for the purposes of Article 5, ‘competent authority’ also means any court or other authority competent under Union or national law to conduct hearings through videoconferencing or other distance communication technology in civil and commercial matters; for the purposes of Article 6, ‘competent authority’ also means any court or other authority taking part in procedures laid down in the legal acts listed in Annex II;

(2)‘electronic communication’ means the digital exchange of information over the internet or another electronic communication network;

(3)‘decentralised IT system’ means a network of IT systems and interoperable access points, operating under the individual responsibility and management of each Member State, Union body or agency, that enables the secure and reliable cross-border exchange of information;

(4)‘European electronic access point’ means a portal which is accessible to natural and legal persons or their representatives, throughout the Union, and is connected to an interoperable access point in the context of the decentralised IT system;

(5)‘fees’ means payments levied by competent authorities in the context of proceedings under the legal acts listed in Annex I;

(6)‘videoconferencing’ means audio-visual transmission technology that allows two-way and simultaneous communication of image and sound, thereby enabling visual, audio and oral interaction.

CHAPTER II - COMMUNICATION BETWEEN COMPETENT AUTHORITIES


Article 3

Means of communication between competent authorities

1. Communication pursuant to the legal acts listed in Annex I between competent authorities of different Member States, and, pursuant to the legal acts listed in Annex II, between competent authorities of different Member States and between a national competent authority and a Union body or agency, including the exchange of forms established by those acts, shall be carried out through a secure, efficient and reliable decentralised IT system.

2. Communication may, however, be carried out by competent authorities by alternative means where electronic communication in accordance with paragraph 1 is not possible due to:

(a)the disruption of the decentralised IT system;

(b)the physical or technical nature of the trans mitted material; or

(c)force majeure.

For the purposes of the first subparagraph, the competent authorities shall ensure that the alternative means of communication used are the swiftest and most appropriate and that they ensure a secure and reliable exchange of information.

3. In addition to the exceptions referred to in paragraph 2, where the use of the decentralised IT system is not appropriate in a given situation, any other means of communication may be used. Competent authorities shall ensure that the exchange of information under this paragraph occurs in a secure and reliable manner.

4. Paragraph 3 shall not apply to the exchange of forms provided for by the legal acts listed in Annexes I and II.

In cases where the competent authorities of different Member States are present at the same location in a Member State for the purpose of assisting in the execution of judicial cooperation procedures under the legal acts listed in Annex II, they may exchange the forms through other appropriate means if it is necessary due to the urgency of the matter. Competent authorities shall ensure that the exchange of forms referred to in this subparagraph occurs in a secure and reliable manner.

5. This Article is without prejudice to applicable procedural provisions in Union and national law on admissibility of documents, with the exception of requirements related to the means of communication.

6. Each Member State may decide to use the decentralised IT system for communication between its national authorities in cases falling under the scope of the legal acts listed in Annex I or II.

7. Union bodies or agencies may decide to use the decentralised IT system for communication within the body or agency in cases falling under the scope of the legal acts listed in Annex II.

CHAPTER III - COMMUNICATION BETWEEN NATURAL OR LEGAL PERSONS AND COMPETENT AUTHORITIES IN CIVIL AND COMMERCIAL MATTERS


Article 4

European electronic access point

1. A European electronic access point shall be established on the European e-Justice Portal.

2. The European electronic access point may be used for electronic communication between natural or legal persons or their representatives and competent authorities in the following instances:

(a)procedures provided for in Regulations (EC) No 1896/2006, (EC) No 861/2007 and (EU) No 655/2014;

(b)procedures provided for in Regulation (EC) No 805/2004;

(c)proceedings for recognition, a declaration of enforceability or refusal of recognition provided for in Regulations (EU) No 650/2012, (EU) No 1215/2012 (39)and (EU) No 606/2013 of the European Parliament and of the Council and Council Regulations (EC) No 4/2009, (EU) 2016/1103 (40), (EU) 2016/1104 (41) and (EU) 2019/1111;

(d)procedures related to the issuance, rectification and withdrawal of:

(i)extracts provided for in Regulation (EC) No 4/2009,

(ii)the European Successions Certificate and the attestations provided for in Regulation (EU) No 650/2012,

(iii)certificates provided for in Regulation (EU) No 1215/2012,

(iv)certificates provided for in Regulation (EU) No 606/2013,

(v)attestations provided for in Regulation (EU) 2016/1103,

(vi)attestations provided for in Regulation (EU) 2016/1104,

(vii)certificates provided for in Regulation (EU) 2019/1111;

(e)the lodging of a claim by a foreign creditor in insolvency proceedings under Article 53 of Regulation (EU) 2015/848;

(f)communication between natural or legal persons or their representatives with the Central Authorities under Regulation (EC) No 4/2009 and Regulation (EU) 2019/1111 or the competent authorities under Chapter IV of Directive 2003/8/EC.

3. The Commission shall be responsible for the technical management, development, accessibility, maintenance, security and user technical support of the European electronic access point. The Commission shall provide the user technical support free of charge.

4. The European electronic access point shall contain information for natural and legal persons on their right to legal aid, including in cross-border proceedings. It shall also enable their representatives to act on their behalf. The European electronic access point shall allow natural and legal persons, or their representatives, in the instances referred to in paragraph 2, to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, or be served with judicial or extrajudicial documents.

Communication through the European electronic access point shall comply with the requirements of Union law and national law of the relevant Member State, in particular with regard to form, language and representation.

5. Competent authorities shall accept communication through the European electronic access point in the instances referred to in paragraph 2.

6. Provided that a natural or legal person or their representative has given prior express consent to the use of the European electronic access point as a means of communication or method of service, competent authorities shall communicate with that natural or legal person or their representative in the instances referred to in paragraph 2 using that access point, and may serve documents on them through that access point. Each instance of consent shall be specific to the procedure in which it is given and shall be given separately for the purposes of communication and service of documents. Where a natural or legal person intends to use the European electronic access point on their own initiative for communication in proceedings, they shall be able to indicate their consent in that initial communication.

7. The European electronic access point shall be such as to ensure that users are identified.

CHAPTER IV - HEARING THROUGH VIDEOCONFERENCING OR OTHER DISTANCE COMMUNICATION TECHNOLOGY


Article 5

Participation in a hearing through videoconferencing or other distance communication technology in civil and commercial matters

1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under Regulations (EC) No 861/2007, (EU) No 655/2014 and (EU) 2020/1783, and at the request of a party or their representative or, where provided for under national law, on its own initiative, in proceedings in civil and commercial matters where one of the parties or their representative is present in another Member State, the competent authority shall decide on the participation of the parties and their representatives in a hearing through videoconferencing or other distance communication technology, on the basis of:

(a)the availability of such technology;

(b)the opinion of the parties to the proceedings on the use of such technology; and

(c)the appropriateness of the use of such technology in the specific circumstances of the case.

2. The competent authority conducting the hearing shall ensure that the parties and their representatives, including persons with disabilities, have access to the videoconference for the hearing.

3. Where the recording of hearings is provided for under the national law of the Member State in which the proceedings take place, the same rules shall apply to hearings conducted through videoconferencing or other distance communication technology. The Member State in which the proceedings take place shall take appropriate measures in accordance with national law to ensure that such recordings are made and stored in a secure manner and not publicly disseminated.

4. Without prejudice to paragraphs 1, 2 and 3, the procedure for hearings through videoconferencing or other distance communication technology shall be regulated by the national law of the Member State conducting the hearing.

Article 6

Hearing through videoconferencing or other distance communication technology in criminal matters

1. This Article shall apply in proceedings under the following legal acts:

(a)Council Framework Decision 2002/584/JHA (42), in particular Article 18(1)(a) thereof;

(b)Framework Decision 2008/909/JHA, in particular Article 6(3) thereof;

(c)Framework Decision 2008/947/JHA, in particular Article 17(4) thereof;

(d)Framework Decision 2009/829/JHA, in particular Article 19(4) thereof;

(e)Directive 2011/99/EU of the European Parliament and of the Council (43), in particular Article 6(4) thereof;

(f)Regulation (EU) 2018/1805, in particular Article 33(1) thereof.

2. Where the competent authority of a Member State requests (the ‘requesting competent authority’) the hearing of a suspect or an accused or convicted person, or an affected person, as defined in Article 2, point 10 of Regulation (EU) 2018/1805, other than a suspect or an accused or convicted person, present in another Member State in proceedings under the legal acts listed in paragraph 1 of this Article, the competent authority of that other Member State (the ‘requested competent authority’) shall allow such persons to participate in the hearing through videoconferencing or other distance communication technology, provided that:

(a)the particular circumstances of the case justify the use of such technology; and

(b)the suspect, the accused or convicted person or the affected person has given consent for the use of videoconferencing or other distance communication technology for that hearing in accordance with the requirements referred to in the second, third and fourth subparagraphs of this paragraph.

Before giving consent for the use of videoconferencing or other distance communication technology, the suspect or the accused person shall have the possibility of seeking the advice of a lawyer in accordance with Directive 2013/48/EU. Competent authorities shall provide the person that is to be heard with information about the procedure for conducting a hearing through videoconferencing or other distance communication technology, as well as about their procedural rights, including the right to interpretation and the right of access to a lawyer before the consent is given.

The consent shall be given voluntarily and unequivocally, and the requesting competent authority shall verify that consent prior to starting such hearing. Verification of the consent shall be recorded in the records of the hearing in accordance with the national law of the requesting Member State.

Without prejudice to the principle of a fair trial and the right to a legal remedy under national procedural law, the competent authority may decide not to seek the consent of the persons referred to in point (b) of the first subparagraph of this paragraph where participation in a hearing in person poses a serious threat to public security or public health which is shown to be genuine and present or foreseeable.

3. The requested competent authority shall ensure that the persons referred to in paragraph 2, including persons with disabilities, have access to the necessary infrastructure to use videoconferencing or other distance communication technology.

4. This Article is without prejudice to other Union legal acts that provide for the use of videoconferencing or other distance communication technology in criminal matters.

5. The confidentiality of communication between a suspect, an accused or convicted person or an affected person and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured in accordance with applicable national law.

6. Before hearing a child through videoconferencing or other distance communication technology, holders of parental responsibility as defined in Article 3, point (2) of Directive (EU) 2016/800 or another appropriate adult as referred to in Article 5(2) of that Directive shall be informed promptly. When deciding whether to hear a child through videoconferencing or other distance communication technology, the competent authority shall take into account the best interests of the child.

7. Where the recording of hearings is provided for under the national law of a Member State for domestic cases, the same rules shall apply to hearings conducted through videoconferencing or other distance communication technology in cross-border cases. The requesting Member State shall take appropriate measures in accordance with national law to ensure that such recordings are made and stored in a secure manner and not publicly disseminated.

8. A suspect, an accused or convicted person or an affected person shall, in the event of a breach of the requirements or guarantees provided for in this Article, have the possibility of seeking an effective remedy, in accordance with national law and in full respect of the Charter.

9. Without prejudice to paragraphs 1 to 8, the procedure for conducting a hearing through videoconferencing or other distance communication technology shall be regulated by the national law of the requesting Member State. The requesting and requested competent authorities shall agree on the practical arrangements for the hearing.

CHAPTER V - TRUST SERVICES, LEGAL EFFECTS OF ELECTRONIC DOCUMENTS AND ELECTRONIC PAYMENT OF FEES


Article 7

Electronic signatures and electronic seals

1. The general legal framework for the use of trust services set out in Regulation (EU) No 910/2014 shall apply to electronic communication under this Regulation.

2. Where a document transmitted as part of electronic communication under Article 3 of this Regulation requires a seal or signature in accordance with the legal acts listed in Annexes I and II to this Regulation, the document shall feature a qualified electronic seal or qualified electronic signature as defined in Regulation (EU) No 910/2014.

3. Where a document transmitted as part of electronic communication in the instances referred to in Article 4(2) of this Regulation requires the signature of the person transmitting the document, that person shall fulfil that requirement by means of:

(a)electronic identification with an assurance level high as specified in Article 8(2), point (c), of Regulation (EU) No 910/2014; or

(b)a qualified electronic signature as defined in Article 3(12) of Regulation (EU) No 910/2014.

Article 8

Legal effects of electronic documents

Documents transmitted as part of electronic communication shall not be denied legal effect or be considered inadmissible in the context of cross-border judicial procedures under the legal acts listed in Annexes I and II solely on the grounds that they are in electronic form.

Article 9

Electronic payment of fees

1. Member States shall provide for the possibility of electronic payment of fees, including from Member States other than that where the competent authority is situated.

2. The technical means for the electronic payment of fees shall comply with applicable rules on accessibility. Where the available means of electronic payment of fees so allow, they shall be accessible through the European electronic access point.

CHAPTER VI - PROCEDURAL PROVISIONS AND EVALUATION


Article 10

Adoption of implementing acts by the Commission

1. The Commission shall adopt implementing acts on the decentralised IT system referred to in Article 3(1) of this Regulation and the European electronic access point referred to in Article 4(1) of this Regulation, setting out the following:

(a)the technical specifications for the methods of communication by electronic means for the purposes of the decentralised IT system;

(b)the technical specifications for communication protocols;

(c)the information security objectives and relevant technical measures ensuring minimum information security standards and a high level of cybersecurity for the processing and communication of information within the decentralised IT system;

(d)the minimum availability objectives and possible related technical requirements for the services provided by the decentralised IT system;

(e)digital procedural standards as defined in Article 3(9) of Regulation (EU) 2022/850;

(f)an implementation timetable laying down, inter alia, the dates of the availability of the reference implementation software, referred to in Article 12 of this Regulation, its installation by the competent authorities, and, where relevant, completion of the adjustments to national IT systems necessary for ensuring compliance with the requirements referred to in points (a) to (e) of this paragraph; and

(g)the technical specifications for the European electronic access point, including the means used for the electronic identification of the user at the assurance level high as specified in Article 8(2), point (c), of Regulation (EU) No 910/2014 and the retention period for storing information and documents.

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 15(2).

3. The implementing acts referred to in paragraph 1 of this Article shall be adopted by:

(a)17 January 2026 for the legal acts listed in points 3 and 4 of Annex I and the legal acts listed in points 1, 10 and 11 of Annex II;

(b)17 January 2027 for the legal acts listed in points 1, 8, 9 and 10 of Annex I and the legal acts listed in points 5 and 9 of Annex II;

(c)17 January 2028 for the legal acts listed in points 6, 11 and 12 of Annex I and the legal acts listed in points 2, 3, 4 and 8 of Annex II; and

(d)17 January 2029 for the legal acts listed in points 2, 5, 7 and 13 of Annex I and the legal acts listed in points 6 and 7 of Annex II.

Article 11

Training

1. Member States shall ensure that the justice professionals concerned and competent authorities are offered the necessary training for efficient use of the decentralised IT system and for the appropriate use of videoconferencing or other distance communication technology. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union and with due respect for the independence of the legal profession, Member States shall encourage such training for judges, prosecutors and other justice professionals.

2. The Commission shall ensure that the training of justice professionals in the efficient use of the decentralised IT system is among the training priorities supported by the relevant Union financial programmes.

3. Member States shall encourage the authorities to share best practices regarding videoconferencing in order to reduce costs and increase efficiency.

4. The Commission shall inform Member States of the possibility of applying for grants to support the activities referred to in paragraphs 1 and 3, under the relevant Union financial programmes.

Article 12

Reference implementation software

1. The Commission shall be responsible for the creation, accessibility, development and maintenance of reference implementation software which Member States may choose to apply as their back-end system instead of a national IT system. The creation, development and maintenance of the reference implementation software shall be financed from the general budget of the Union.

2. The Commission shall provide, maintain and support the reference implementation software on a free-of-charge basis.

3. The reference implementation software shall offer a common interface for communication with other national IT systems.

Article 13

Costs of the decentralised IT system, European electronic access point and national IT systems

1. Each Member State or entity operating an authorised e-CODEX access point as defined in Article 3(4) of Regulation (EU) 2022/850 shall bear the costs of the installation, operation and maintenance of the decentralised IT system access points for which they are responsible.

2. Each Member State or entity operating an authorised e-CODEX access point as defined in Article 3(4) of Regulation (EU) 2022/850 shall bear the costs of establishing and adjusting its relevant national or, where applicable, other IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.

3. The Commission shall inform Member States of the possibility of applying for grants to support the activities referred to in paragraphs 1 and 2, under the relevant Union financial programmes.

4. Union bodies and agencies shall bear the costs of the installation, operation and maintenance of the components of the decentralised IT system under their responsibility.

5. Union bodies and agencies shall bear the costs of establishing and adjusting their case-management systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.

6. The Commission shall bear all costs related to the European electronic access point.

Article 14

Protection of information transmitted

1. The competent authority shall be regarded as a controller within the meaning of Regulations (EU) 2016/679 and (EU) 2018/1725 or Directive (EU) 2016/680 in respect of the processing of personal data sent or received through the decentralised IT system.

2. The Commission shall be regarded as a controller within the meaning of Regulation (EU) 2018/1725 in respect of personal data processing by the European electronic access point.

3. Competent authorities shall ensure that information transmitted in the context of cross-border judicial procedures to another competent authority and deemed confidential under the law of the Member State from which the information is being sent is subject to the rules on confidentiality laid down by Union law and the national law of the Member State to which the information is being sent.

Article 15

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 16

Monitoring and Evaluation

1. Four years from the date of entry into force of the implementing acts referred to in Article 10(3)(d) and every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and to the Council a report supported by information supplied by the Member States to the Commission and information collected by it. The Commission shall also include an assessment of the effect of electronic communication on the equality of arms in the context of cross-border civil and criminal proceedings. The Commission shall, in particular, assess the application of Article 5. On the basis of that assessment, the Commission shall submit, if appropriate, a legislative proposal obliging Member States to make videoconferencing or other distance communication technology available, specifying the relevant technology and the interoperability standards and establishing judicial cooperation for the purposes of providing the parties to the proceedings with access to the infrastructure necessary for use of videoconferencing or other distance communication technology in the premises of the competent authorities in the Member State where a party is present.

2. Unless an equivalent notification procedure applies under other Union legal acts, the Member States shall provide the Commission on an annual basis with the following information relevant for the evaluation of the operation and application of this Regulation:

(a)three years from the date of entry into force of each of the implementing acts referred to in Article 10(3), the costs incurred for establishing or adjusting their relevant national IT systems to make them interoperable with the access points;

(b)three years from the entry into force of each of the implementing acts referred to in Article 10(3)(b), the length of first instance judicial proceedings, from the reception of the application by the competent authority until the date of the decision, under the legal acts listed in points 3, 4 and 9 of Annex I, where such information is available;

(c)three years from the date of entry into force of each of the implementing acts referred to in Article 10(3), the length of time needed to transmit information on the decision on recognition and execution of a judgment or a judicial decision or, if not applicable, to transmit information on the results of the execution of such a judgment or a judicial decision, under the legal acts listed in points 1 to 7 and 9 to 11 of Annex II, grouped by corresponding legal act, where available;

(d)three years from the date of entry into force of each of the implementing acts referred to in Article 10(3), the number of requests transmitted through the decentralised IT system in accordance with Article 3(1) and (2), where such information is available.

3. For the purpose of establishing a sample, each Member State shall designate one or more competent authorities to collect the data on the number of hearings conducted by those authorities in which videoconferencing or other distance communication technology was used in accordance with Articles 5 and 6. Such data shall be provided to the Commission from 2 May 2026.

4. The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in paragraph 2, points (b), (c) and (d) and transmit them to the Commission on an annual basis.

5. Member States shall make every endeavour to collect the data referred to in paragraph 2, points (b), (c) and (d).

Article 17

Information to be communicated to the Commission

1. Member States shall communicate by 17 July 2024 to the Commission the following information with a view to making it available through the European e-Justice Portal:

(a)details of national IT portals, where applicable;

(b)a description of the national laws and procedures applicable to videoconferencing in accordance with Articles 5 and 6;

(c)information on fees due;

(d)details on the electronic payment methods available for fees due in cross-border cases;

(e)the authorities with competence under the legal acts listed in Annexes I and II, where they have not already been notified to the Commission in accordance with those legal acts.

Member States shall communicate to the Commission any changes with regard to the information referred to in the first subparagraph without delay.

2. Member States shall notify the Commission if they are in a position to apply Article 5 or 6 or operate the decentralised IT system earlier than required by this Regulation. The Commission shall make such information available electronically, in particular through the European e-Justice Portal.

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


Article 18

Amendment to Regulation (EC) No 805/2004

In Article 13 (1) of Regulation (EC) No 805/2004, the following point is added:

‘(e)electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council (*1).

Article 19

Amendments to Regulation (EC) No 1896/2006

Regulation (EC) No 1896/2006 is amended as follows:

(1)in Article 7, paragraph 5 is replaced by the following:

‘5.   The application shall be submitted by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council (*2), in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.

(*2)  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/eli/reg/2023/2844/oj).’;"

(2)in Article 7(6), the first subparagraph is replaced by the following:

‘The application shall be signed by the claimant or, where applicable, by the claimant’s representative. Where the application is submitted in electronic form in accordance with paragraph 5 of this Article, the requirement to sign the application shall be fulfilled in accordance with Article 7(3) of Regulation (EU) 2023/2844. The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.’;

(3)in Article 13, the following paragraph is added:

‘The European order for payment may be served on the defendant by electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council (*3).

(*3)  Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405, 2.12.2020, p. 40).’;"

(4)Article 16 is amended as follows:

(a)paragraph 4 is replaced by the following:

‘4.   The statement of opposition shall be submitted by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844, in paper form or by any other means of communication, including electronic, accepted by the Member State of origin and available to the court of origin.’

;

(b)in paragraph 5, the first subparagraph is replaced by the following:

‘The statement of opposition shall be signed by the defendant or, where applicable, by the defendant’s representative. Where the statement of opposition is submitted in electronic form in accordance with paragraph 4 of this Article, the requirement to sign the statement of opposition shall be fulfilled in accordance with Article 7(3) of Regulation (EU) 2023/2844. The electronic signature shall be recognised in the Member State of origin and may not be made subject to additional requirements.’.

Article 20

Amendments to Regulation (EC) No 861/2007

Regulation (EC) No 861/2007 is amended as follows:

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

‘1.   The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I to this Regulation, and lodging it with the court or tribunal with jurisdiction directly, by post, by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council (*4) or by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents.

(*4)  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/eli/reg/2023/2844/oj).’;"

(2)in Article 13 (1), point (a), is replaced by the following:

‘(a)by postal service;’;

(3)in Article 13 (1), point (b) is replaced by the following:

‘(b)by electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council (*5); or

(*5)  Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405, 2.12.2020, p. 40).’;"

(4)in Article 13 (1), the following point is added:

‘(c)through the European electronic access point established under Article 4(1) of Regulation (EU) 2023/2844, provided that the addressee gave prior express consent to the use of this means for service of documents in the course of the European Small Claims Procedure concerned.’;

(5)in Article 13, paragraph 2 is replaced by the following:

‘2.   All communication not referred to in paragraph 1 between the court or tribunal and the parties or other persons involved in the proceedings shall be carried out either by:

(a)electronic means attested by an acknowledgment of receipt, where such means are technically available and admissible in accordance with the procedural rules of the Member State in which the European Small Claims Procedure concerned is conducted, provided that the party or person concerned has accepted in advance such means of communication or is, in accordance with the procedural rules of the Member State in which that party or person is domiciled or habitually resident, under a legal obligation to accept such means of communication; or

(b)the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.’

;

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

‘2.   The Member States shall ensure that the parties can make electronic payments of court fees by means of distance payment methods which allow the parties to make the payment also from a Member State other than the Member State in which the court or tribunal is situated, in accordance with Article 9 of Regulation (EU) 2023/2844.’

.

Article 21

Amendments to Regulation (EU) No 606/2013

Regulation (EU) No 606/2013 is amended as follows:

(1)in Article 8(2), the first subparagraph is replaced by the following:

‘Where the person causing the risk resides in the Member State of origin, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the Member State of origin, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent or by the electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784 of the European Parliament and of the Council (*6). Where the person causing the risk resides in a third country, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent.

(*6)  Regulation (EU) 2020/1784 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (OJ L 405, 2.12.2020, p. 40).’;"

(2)in Article 11(4), the first subparagraph is replaced by the following:

‘Where the person causing the risk resides in the Member State addressed, the notification shall be effected in accordance with the law of that Member State. Where the person causing the risk resides in a Member State other than the Member State addressed, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent or by the electronic means of service provided for in Articles 19 and 19a of Regulation (EU) 2020/1784. Where the person causing the risk resides in a third country, the notification shall be effected by registered letter with acknowledgment of receipt or equivalent.’.

Article 22

Amendments to Regulation (EU) No 655/2014

Regulation (EU) No 655/2014 is amended as follows:

(1)in Article 8, paragraph 4 is replaced by the following:

‘4.   The application and supporting documents may be submitted by any means of communication, including electronic, which are accepted under the procedural rules of the Member State in which the application is lodged or by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844 of the European Parliament and of the Council (*7).

(*7)  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/eli/reg/2023/2844/oj).’;"

(2)in Article 17, paragraph 5 is replaced by the following:

‘5.   The decision on the application shall be brought to the notice of the creditor in accordance with the procedure provided for by the law of the Member State of origin for equivalent national orders or by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.’

;

(3)Article 29 is replaced by the following:

‘Article 29

Transmission of documents

1. Where this Regulation provides for transmission of documents in accordance with this Article, such transmission shall be carried out in accordance with Regulation (EU) 2023/2844 as regards the communication between authorities, or by any appropriate means where communication is to be carried out by creditors, provided that the content of the document received is true and faithful to that of the document transmitted and that all information contained in it is easily legible.

2. The court or authority that received documents in accordance with paragraph 1 of this Article shall, by the end of the working day following the day of receipt, send to:

(a)the authority that transmitted the documents an acknowledgment of receipt, in accordance with Article 3 of Regulation (EU) 2023/2844; or

(b)the creditor or bank that transmitted the documents an acknowledgment of receipt; employing the swiftest possible means of transmission.

The court or authority that received documents in accordance with paragraph 1 of this Article shall use the standard form for acknowledgment of receipt established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2).’

;

(4)Article 36 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   The application for a remedy pursuant to Article 33, 34 or 35 shall be made using the remedy form established by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 52(2).

The application may be made at any time and may be submitted:

(a)by any means of communication, including electronic means, which are accepted under the procedural rules of the Member State in which the application is lodged; or

(b)by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.’

;

(b)paragraph 3 is replaced by the following:

‘3.   Except where the application was submitted by the debtor pursuant to point (a) of Article 34(1) or pursuant to Article 35(3), the decision on the application shall be issued after both parties have been given the opportunity to present their case, including by such appropriate means of communication technology as are available and accepted under the national law of each of the Member States involved or by the means of electronic communication provided for under Regulation (EU) 2023/2844.’

.

Article 23

Amendments to Regulation (EU) 2015/848

Regulation (EU) 2015/848 is amended as follows:

(1)In Article 42(3), the first sentence is replaced by the following:

‘The cooperation referred to in paragraph 1 of this Article shall be implemented in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council (*8).

(*8)  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/eli/reg/2023/2844/oj).’;"

(2)Article 53 is replaced by the following:

‘Article 53

Right to lodge claims

Any foreign creditor may lodge claims in insolvency proceedings by any means of communication which are accepted by the law of the State of the opening of proceedings or by the means of electronic communication provided for in Article 4 of Regulation (EU) 2023/2844.

Representation by a lawyer or another legal professional shall not be mandatory for the sole purpose of lodging of claims.’

;

(3)in Article 57(3), the first sentence is replaced by the following:

‘The cooperation referred to in paragraph 1 of this Article shall be implemented in accordance with Article 3 of Regulation (EU) 2023/2844.’.

Article 24

Amendments to Regulation (EU) 2020/1784

Regulation (EU) 2020/1784 is amended as follows:

(1)in Article 12, paragraph 7 is replaced by the following:

‘7.   For the purposes of paragraphs 1 and 2, the diplomatic agents or consular officers, in cases where service is effected in accordance with Article 17, and the authority or person, in cases where service is effected in accordance with Article 18, 19, 19a or 20, shall inform the addressee that the addressee may refuse to accept the document and that either form L in Annex I or a written declaration of refusal must be sent to those agents or officers or to that authority or person respectively.’

;

(2)in Article 13, paragraph 3 is replaced by the following:

‘3.   This Article also applies to the other means of transmission and service of judicial documents provided for in Section 2 with the exception of Article 19a.’

;

(3)the following Article is inserted:

‘Article 19a

Electronic service through the European electronic access point

1. The service of judicial documents may be effected directly on a person who has a known address for service in another Member State through the European electronic access point established under Article 4(1) of Regulation (EU) 2023/2844 of the European Parliament and of the Council (*9), provided that the addressee has given prior express consent to the use of that electronic means for serving documents in the course of the legal proceedings concerned.

2. The addressee shall confirm the receipt of the documents with an acknowledgment of receipt, including the date of the receipt. The date of service of documents shall be the date specified in the acknowledgment of receipt. The same rule shall apply in the case of service of refused documents which is remedied in accordance with Article 12(5).

(*9)  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/eli/reg/2023/2844/oj).’;"

(4)in Article 37, the following paragraph is added:

‘3.   Article 19a shall apply from the first day of the month following the period of two years from the date of entry into force of the implementing acts referred to in Article 10(3)(a) of Regulation (EU) 2023/2844.’

.

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


Article 25

Amendments to Regulation (EU) 2018/1805

Regulation (EU) 2018/1805 is amended as follows:

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

‘1.   A freezing order shall be transmitted by means of a freezing certificate. The issuing authority shall transmit the freezing certificate provided for in Article 6 directly to the executing authority or, where applicable, to the central authority referred to in Article 24(2).’

;

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

‘2.   The executing authority shall report to the issuing authority on the execution of the freezing order, including a description of the property frozen and, where available, providing an estimate of its value. Such reporting shall be carried out without undue delay once the executing authority has been informed that the freezing order has been executed.’

;

(3)in Article 8, paragraph 3 is replaced by the following:

‘3.   Any decision not to recognise or execute the freezing order shall be taken without delay and notified immediately to the issuing authority.’

;

(4)in Article 9, paragraph 4 is replaced by the following:

‘4.   The executing authority shall communicate without delay the decision on the recognition and execution of the freezing order to the issuing authority.’

;

(5)in Article 10, paragraphs 2 and 3 are replaced by the following:

‘2.   The executing authority shall immediately report to the issuing authority on the postponement of the execution of the freezing order, specifying the grounds for the postponement and, where possible, the expected duration of the postponement.

3. As soon as the grounds for postponement have ceased to exist, the executing authority shall immediately take the measures necessary for the execution of the freezing order and inform the issuing authority thereof.’

;

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

‘2.   The executing authority may, taking into account the circumstances of the case, make a reasoned request to the issuing authority to limit the period for which the property is to be frozen. Such a request, including any relevant supporting information, shall be transmitted directly to the issuing authority. When examining such a request, the issuing authority shall take all interests into account, including those of the executing authority. The issuing authority shall respond to the request as soon as possible. If the issuing authority does not agree to the limitation, it shall inform the executing authority of the reasons thereof. In such a case, the property shall remain frozen in accordance with paragraph 1. If the issuing authority does not respond within six weeks of receiving the request, the executing authority shall no longer be obliged to execute the freezing order.’

;

(7)in Article 14, paragraph 1 is replaced by the following:

‘1.   A confiscation order shall be transmitted by means of a confiscation certificate. The issuing authority shall transmit the confiscation certificate provided for in Article 17 directly to the executing authority or, where applicable, to the central authority referred to in Article 24(2).’

;

(8)in Article 16(3), the introductory wording is replaced by the following:

‘The issuing authority shall immediately inform the executing authority where: ‘;

(9)in Article 18, paragraph 6 is replaced by the following:

‘6.   As soon as the execution of the confiscation order has been completed, the executing authority shall inform the issuing authority of the results of the execution.’

;

(10)in Article 19, paragraph 3 is replaced by the following:

‘3.   Any decision not to recognise or execute the confiscation order shall be taken without delay and notified immediately to the issuing authority.’

;

(11)in Article 20, paragraph 2 is replaced by the following:

‘2.   The executing authority shall communicate without delay the decision on the recognition and execution of the confiscation order to the issuing authority.’

;

(12)in Article 21, paragraphs 3 and 4 are replaced by the following:

‘3.   The executing authority shall without delay report to the issuing authority on the postponement of the execution of the confiscation order, specifying the grounds for the postponement and, where possible, the expected duration of the postponement.

4. As soon as the grounds for postponement have ceased to exist, the executing authority shall take, without delay, the measures necessary for the execution of the confiscation order and inform the issuing authority thereof.’

;

(13)in Article 25:

(a)the title is replaced by the following:

‘Means of communication’;

(b)paragraph 1 is replaced by the following:

‘1.   With the exception of communication under Article 8(2) and (4), Article 9(5), Article 19(2), Article 20(4) and Article 29(3), official communication under this Regulation 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 (*10).

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

3. Where necessary, the issuing authority and the executing authority shall consult each other without delay to ensure efficient application of this Regulation, using any appropriate means of communication.

(*10)  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/eli/reg/2023/2844/oj).’;"

(14)in Article 27, paragraphs 2 and 3 are replaced by the following:

‘2.   The issuing authority shall immediately inform the executing authority of the withdrawal of a freezing order or confiscation order and of any decision or measure that causes a freezing order or confiscation order to be withdrawn.

3. The executing authority shall terminate the execution of the freezing order or confiscation order, in so far as the execution has not yet been completed, as soon as it has been informed by the issuing authority in accordance with paragraph 2. The executing authority shall send without undue delay a confirmation of the termination to the issuing State.’

;

(15)in Article 31(2), the third subparagraph is replaced by the following:

‘The consultations, or at least the result thereof, shall be recorded.’.

CHAPTER IX - FINAL PROVISIONS


Article 26

Entry into force and application

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

2. It shall apply from 1 May 2025.

3. However, Articles 3 and 4 shall apply from the first day of the month following the period of two years from the date of entry into force of the corresponding implementing acts, referred to in Article 10(3), establishing the decentralised IT system for each of the legal acts listed in Annexes I and II.

4. Articles 3 and 4 shall apply to proceedings initiated from the day referred to in paragraph 3 of this Article.

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