Legal provisions of COM(2023)185 - Transfer of proceedings in criminal matters - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)185 - Transfer of proceedings in criminal matters. |
|---|---|
| document | COM(2023)185 |
| date | April 5, 2023 |
Chapter 1
General provisions
Article 1
Subject matter
1. This Regulation lays down rules on the transfer of criminal proceedings between the Member States with a view to improving the efficient and proper administration of justice within the common area of freedom, security and justice.
2. This Regulation shall apply in all cases of transfer of criminal proceedings in the Union from the time where a person has been identified as a suspect.
3. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 of the Treaty of the European Union.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘requesting State’ means a Member State in which a request for transfer of criminal proceedings is issued;
(2) ‘requested State’ means a Member State to which a request for transfer of criminal proceedings is transmitted for the purpose of taking over of criminal proceedings;
(3) ‘requesting authority’ means:
(a) a judge, court, investigating judge or public prosecutor competent in the case concerned; or
(b) any other competent authority which is designated as such by the requesting State and which, in the case concerned, is acting in its capacity as an investigating authority in criminal proceedings with competence to request the transfer of criminal proceedings in accordance with national law. In addition, before the request for transfer of criminal proceedings is transmitted to the requested authority, it shall be validated by a judge, a court, an investigating judge or a public prosecutor in the requesting State after examining its conformity with the conditions for issuing such a request under this Regulation. Where the request for transfer of criminal proceedings has been validated by a judge, a court, an investigating judge or a public prosecutor, that authority may also be regarded as a requesting authority for the purposes of transmitting the request;
(4) ‘requested authority’ means a judge, a court, an investigating judge or a public prosecutor having competence to take a decision on whether to accept transfer of criminal proceedings in accordance with Article 12 and to take any measure as provided for in its national law;
(5) ‘decentralised IT system’ means an IT system as defined in Article 2, point (4), of Regulation (EU)…/... [Digitalisation Regulation];
(6) ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU.
Article 3
Jurisdiction
1. For the purpose of this Regulation, the requested State shall have jurisdiction over any criminal offence to which the law of the requesting State is applicable, in situations where:
(a) it refuses to surrender a suspect or accused person, who is present in and a national of or a resident in the requested State, on the basis of Article 4(7), point (b), of the Framework Decision 2002/584/JHA;
(b) it refuses to surrender a suspect or accused person for whom a European arrest warrant has been issued and who is present in and a national of or a resident in the requested State, if it finds that there are, in exceptional situations, substantial grounds to believe, on the basis of specific and objective evidence, that surrender would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 of the Treaty on European Union and the Charter;
(c) most of the effects of the criminal offence or a substantial part of the damage, which is part of the constituent elements of the criminal offence, occurred in the territory of the requested State;
(d) there are ongoing criminal proceedings in the requested State against the suspect or accused person in respect of other facts and the suspect or accused person is a national or resident of the requested State;
(e) there are ongoing criminal proceedings in the requested State in respect of the same or partially the same facts against other persons and the suspect or accused person in the criminal proceedings to be transferred is a national or resident of the requested State.
2. The jurisdiction established by the requested State exclusively by virtue of paragraph 1 may be exercised only pursuant to a request for transfer of criminal proceedings.
Article 4
Waiver, suspension or discontinuation of criminal proceedings
Any Member State having jurisdiction under its national law to prosecute a criminal offence may, for the purposes of applying this Regulation, waive, suspend or discontinue criminal proceedings against a suspect or accused person, in order to allow for the transfer of criminal proceedings in respect of that criminal offence to the requested State.
CHAPTER 2
TRANSFER OF CRIMINAL PROCEEDINGS
Article 5
Criteria for requesting a transfer of criminal proceedings
1. A request for transfer of criminal proceedings may only be issued where the requesting authority deems that the objective of an efficient and proper administration of justice would be better served by conducting the relevant criminal proceedings in another Member State.
2. The requesting authority shall take into account in particular the following criteria:
(a) the criminal offence has been committed wholly or partly in the territory of the requested State, or most of the effects or a substantial part of the damage caused by the criminal offence occurred in the territory of the requested State;
(b) the suspect or accused person is a national of or resident in the requested State;
(c) the suspect or accused person is present in the requested State and that State refuses to surrender this person to the requesting State either on the basis of Article 4(2) of the Framework Decision 2002/584/JHA, or of Article 4(3) thereof where such refusal is not based on a final judgement passed upon this person in respect of the same criminal offence which prevents further criminal proceedings, or on the basis of Article 4(7) of that Framework Decision;
(d) the suspect or accused person is present in the requested State and that State refuses to surrender this person for whom a European arrest warrant has been issued, if it finds that there are, in exceptional situations, substantial grounds to believe, on the basis of specific and objective evidence, that surrender would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 of the Treaty on European Union and the Charter;
(e) most of the evidence relevant to the investigation is located in or majority of the relevant witnesses are residing in the requested State;
(f) there are ongoing criminal proceedings in the requested Statein respect of the same or other facts against the suspect or accused person;
(g) there are ongoing criminal proceedings in the requested State in respect of the same or related facts against other persons;
(h) the suspect or accused person is serving or is to serve a sentence involving deprivation of liberty in the requested State;
(i) the enforcement of the sentence in the requested State is likely to improve the prospects for social rehabilitation of the person sentenced or there are other reasons for a more appropriate enforcement of the sentence in the requested State;
(j) the majority of victims are nationals of or residents in the requested State.
3. The suspect or accused person, or the majority of victims, or a lawyer on their behalf, may also request the competent authorities of the requesting State or of the requested State to initiate a procedure for transferring criminal proceedings under this Regulation. Requests made under this paragraph shall not create an obligation for the requesting or the requested State to request or transfer criminal proceedings to the requested State.
Article 6
The rights of the suspect or accused person
1. Before a request for transfer of criminal proceedings is issued, the requesting authority shall, in accordance with applicable national law, give due consideration to the legitimate interests of the suspect or accused person and ensure that their procedural rights under Union and national law are respected.
2. Provided that it would not undermine the confidentiality of an investigation, the suspect or accused person shall, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing, unless that person cannot be located despite reasonable efforts being made by the requesting authority. Where the requesting authority considers it necessary in view of the suspect’s or accused person’s age or their physical or mental condition, the opportunity to state their opinion shall be given to their legal representative. Where the request for transfer of criminal proceedings follows a request from the suspect or accused person under Article 5(3), such a consultation with the suspect or accused person who made the request is not required.
3. The opinion referred to in paragraph 2 of the suspect or accused person shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings.
4. Where the requested authority has taken a decision in accordance with Article 12(1), the requesting authority shall, provided that it would not undermine the confidentiality of an investigation, immediately inform the suspect or accused person, in a language which they understand, about the issuing of the request for transfer of criminal proceedings and the subsequent acceptance or refusal of the transfer by the requested authority, unless that person cannot be located despite reasonable efforts being made by the requesting authority. If the requested authority has taken a decision to accept the transfer of criminal proceedings, the suspect or accused person shall also be informed about their right to a legal remedy in the requested State, including about the time limits for such a remedy.
Article 7
The rights of the victim
1. Before a request for transfer of criminal proceedings is made, the requesting authority shall, in accordance with applicable national law, give due consideration to the legitimate interests of the victim and ensure that their rights under Union and national law are respected.
2. Provided that it would not undermine the confidentiality of an investigation, and where the victim resides in the requesting State, they shall, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing. Where the requesting authority considers it necessary in view of the victim’s age or his or her physical or mental condition, that opportunity shall be given to victim’s legal representative.
3. The opinion referred to in paragraph 2 of the victim shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings.
4. Where the requested authority has taken a decision in accordance with Article 12(1), the requesting authority shall, provided that it would not undermine the confidentiality of an investigation, immediately inform the victim residing in the requesting State, in a language which they understand, about the issuing of the request for transfer of criminal proceedings and the subsequent acceptance or refusal of the transfer by the requested authority. If the requested authority has accepted the transfer of criminal proceedings, the victim shall also be informed about their right to a legal remedy available in the requested State, including about the time limits for such a remedy.
Article 8
Right to a legal remedy
1. Suspects, accused persons, and victims shall have the right to effective legal remedies in the requested State against a decision to accept the transfer of criminal proceedings.
2. The right to a legal remedy shall be exercised before a court in the requested State in accordance with its law.
3. The time limit for seeking a legal remedy shall be no longer than 20 days from the date of receipt of information about the decision referred to in Article 12(1).
4. Where the request for transfer of criminal proceedings is issued after the suspect’s or accused person’s indictment, the invocation of a legal remedy against a decision to accept the transfer of criminal proceedings, shall have suspensive effect.
5. The requested authority shall inform the requesting authority about the legal remedies sought under this Article.
Article 9
Procedure for requesting transfer of criminal proceedings
1. The request for transfer of criminal proceedings shall be drawn up using the certificate set out in the Annex. The requesting authority shall sign the certificate and shall certify its content as being accurate and correct.
2. The request for transfer of criminal proceedings shall be duly substantiated and shall, in particular, contain the following information:
(a) data about the requesting authority;
(b) a description of the criminal offence, which is the subject of the criminal proceedings, and the applicable provisions of the criminal law of the requesting State;
(c) the reasons why the transfer is necessary and appropriate and in particular which of the criteria under Article 5(2) are applicable;
(d) the necessary information available on the suspect or accused person and the victim;
(e) an assessment of the impact of the transfer of criminal proceedings on the rights of suspect or accused person and victim;
(f) information on procedural acts or measures with a bearing on the criminal proceedings that have been undertaken in the requesting State;
(g) any applicable specific conditions of processing of personal data pursuant to Article 9(3) of the Directive (EU) 2016/680.
3. Where the suspect or accused person has given their opinion under Article 6(2) or the victim has given their opinion under Article 7(2), that opinion shall be forwarded to the requested authority together with the request for transfer of criminal proceedings. If the opinion of the suspect or accused person or the victim was stated orally, the requesting authority shall ensure that the written record of such statement is available to the requested authority.
4. Where necessary, the request for transfer of criminal proceedings shall be accompanied by any additional relevant information and documents.
5. The completed certificate referred to in paragraph 1 and, where so agreed with the requested authority, any other written information accompanying the request for transfer of criminal proceedings, shall be translated into an official language of the requested State or any other language that the requested State will accept in accordance with Article 30(1), point (c).
6. The requesting authority shall transmit the request for transfer of criminal proceedings directly to the requested authority or, where applicable, with the involvement of the central authority referred to in Article 18. The requesting and requested authorities shall carry out all other official communication directly or, where applicable, with the involvement of a central authority referred to in Article 18.
7. Where the requested authority is not known to the requesting authority, the latter shall make all necessary inquiries, including through the contact points of the European Judicial Network, in order to determine which authority is competent for taking the decision under Article 12.
8. Where the authority in the requested State which received the request has no competence to take a decision under Article 12, it shall without undue delay transmit the request to the competent requested authority in the same Member State and shall inform the requesting authority accordingly.
Article 10
Information to be given by the requesting authority
The requesting authority shall inform the requested authority of any procedural acts or measures with a bearing on the criminal proceedings that have been undertaken in the requesting State after the transmission of the request without undue delay. This communication shall be accompanied by all relevant documents.
Article 11
Withdrawal of the request
The requesting authority may withdraw the request for transfer of criminal proceedings at any time before receiving the requested authority's decision to accept the transfer of criminal proceedings in accordance with Article 12.
Article 12
Decision of the requested authority
1. The requested authority shall take a reasoned decision on whether to accept the transfer of criminal proceedings and shall decide, in accordance with its national law, what measures to take thereon.
2. If the requested authority finds the information communicated by the requesting authority to be insufficient to allow it to decide whether to accept the transfer of criminal proceedings, it may request the additional information it deems necessary.
3. If the requested authority decides to refuse the transfer of criminal proceedings in accordance with Article 13, it shall inform the requesting authority of the reasons for such refusal. Information to the suspect or accused person and to the victim will take place in accordance with Articles 6(4) and 7(4) respectively.
4. If the requested authority has accepted the transfer of criminal proceedings, it shall inform the requesting authority about the legal remedies available to challenge the decision to accept the transfer of criminal proceedings, including the requirements and time limits to exercise these remedies. Information to the suspect or accused person and to the victim will take place in accordance with Articles 6(4) and 7(4) respectively.
5. When the requested authority has accepted the transfer of criminal proceedings, the requesting authority shall without delay forward the original or a certified copy of the case file or relevant parts thereof, accompanied by their translation into an official language of the requested State or any other language that the requested State will accept in accordance with Article 30(1), point (c). Where necessary, the requesting and requested authorities may consult each other in order to determine the necessary documents or parts of such documents to be forwarded, as well as to be translated.
Article 13
Grounds for refusal
1. The requested authority shall refuse the transfer of criminal proceedings, in whole or in part, where criminal proceedings under the national law of the requested State cannot be brought against the suspect or accused person in relation to the facts underlying the request for transfer of criminal proceedings in one or more of the following situations:
(a) if the conduct in connection with which the request was made does not constitute a criminal offence under the law of the requested State;
(b) if taking over criminal proceedings would be contrary to the principle of ne bis in idem;
(c) if the suspect or accused person cannot be held criminally liable for the criminal offence due to their age;
(d) if the criminal prosecution is statute-barred in accordance with the law of the requested State or the conditions for prosecuting the criminal offence in the requested State are not fulfilled;
(e) if the criminal offence is covered by amnesty in accordance with the law of the requested State;
(f) if the requested State does not have jurisdiction over the criminal offence. Such jurisdiction could also derive from Article 3.
2. The requested authority may refuse the transfer of criminal proceedings, in whole or in part, if one or more grounds exist:
(a) there is an immunity or a privilege under the law of the requested State which makes it impossible to take action;
(b) the requested authority considers that the transfer of criminal proceedings is not in the interest of an efficient and proper administration of justice;
(c) the criminal offence has not been committed wholly or partly in the territory of the requested State, most of the effects or a substantial part of the damage caused by the criminal offence did not occur in the territory of that State, and the suspect or accused person is not a national of or resident in that State;
(d) the certificate referred to in Article 9(1) is incomplete or manifestly incorrect and has not been completed or corrected following the consultation referred to in paragraph 3.
3. In any of the situations referred to in paragraphs 1 and 2, before deciding to refuse the transfer of criminal proceedings, either in whole or in part, the requested authority shall consult the requesting authority and, where necessary, shall request it to provide any necessary information without delay.
4. In the situation referred to in paragraph 2, point (a), and where the power to waive the privilege or immunity lies with an authority of the requested State, the requested authority shall request it to exercise that power forthwith. Where power to waive the privilege or immunity lies with an authority of another State or international organisation, the requesting authority shall request that authority to exercise that power.
Article 14
Time limits
1. The requested authority shall communicate to the requesting authority its decision whether to accept the transfer of criminal proceedings without delay and in any case no later than 60 days after the receipt of the request for transfer of criminal proceedings by the competent requested authority.
2. Where in a specific case the requested authority cannot meet the time limit set out in paragraph 1, it shall immediately inform the requesting authority thereof, giving reasons for the delay. In such a case, the time limit set out in paragraph 1 may be extended by a maximum of 30 days.
3. Where there is an immunity or a privilege under the law of the requested State, the time limit referred to in paragraph 1 shall not start running unless, and counting from the day when, the requested authority is informed of the fact that the privilege or immunity has been waived.
Article 15
Consultations between the requesting and requested authorities
1. Where necessary and without prejudice to Articles 12(2), 13(3) and 17(2), the requesting authority and requested authority shall consult each other without delay to ensure the efficient application of this Regulation.
2. Consultations may also take place before the request for transfer of criminal proceedings is issued, in particular with a view to determining whether the transfer would serve the interests of efficient and proper administration of justice. In order to propose the transfer of criminal proceedings from the requesting State, the requested authority may also consult with the requesting authority about the possibility of issuing a request for transfer of criminal proceedings.
3. When the requesting authority consults the requested authority prior to making a request for transfer of criminal proceedings, it shall make the information regarding the criminal proceedings available to the requested authority and may provide it to the requested authority using a certificate set out in the Annex.
4. Requests for consultations shall be answered without delay.
Article 16
Cooperation with Eurojust and the European Judicial Network
The requesting and requested authorities may, at any stage of the procedure, request the assistance of Eurojust or the European Judicial Network in accordance with their respective competences. In particular, where appropriate, Eurojust may facilitate consultations referred to in Articles 12(2), 13(3), 15 and 17(2).
Article 17
Costs of transfers of criminal proceedings
1. Each Member State shall bear its own costs of transfers of criminal proceedings resulting from the application of this Regulation.
2. Where the translation of the case file and other relevant documents under Article 12(5) would entail large or exceptional costs, the requesting authority may submit a proposal to the requested authority that the costs be shared. Such proposal shall be accompanied by a detailed breakdown of the costs incurred by the requesting authority. Following such a proposal the requesting authority and the requested authority shall consult with each other. Where appropriate, Eurojust may facilitate such consultations.
Article 18
Designation of central authorities
Each Member State may designate one or more central authorities responsible for the administrative transmission and receipt of requests for transfer of criminal proceedings, as well as for other official correspondence relating to such requests.
CHAPTER 3
EFFECTS OF THE TRANSFER OF CRIMINAL PROCEEDINGS
Article 19
Effects in the requesting State
1. At the latest upon receipt of the notification of the acceptance by the requested authority of a transfer of criminal proceedings, those criminal proceedings shall be suspended or discontinued in the requesting State in accordance with national law, unless a legal remedy under Article 8 has been invoked with suspensive effect and until such time when the final decision on the legal remedy is taken.
2. Notwithstanding paragraph 1, the requesting authority may in accordance with its national law:
(a) undertake necessary investigative or other procedural measures, including measures to prevent the suspect or accused person from absconding, in order to execute a decision based on Framework Decision 2002/584/JHA or another mutual recognition instrument or to reply to a request for mutual legal assistance;
(b) maintain necessary investigative or other procedural measures, including measures to prevent the suspect or accused person from absconding, previously adopted that are necessary in order to execute a decision based on Framework Decision 2002/584/JHA or another mutual recognition instrument or a request for mutual legal assistance.
3. The requesting authority may continue or reopen criminal proceedings, if the requested authority informs it of its decision to discontinue criminal proceedings related to the facts underlying the request for transfer of criminal proceedings, unless that decision, under the national law of the requested State, definitively bars further prosecution and therefore prevents further criminal proceedings, in respect of the same acts, in the requested State.
4. Paragraph 3 shall not affect to the right of victims to initiate or to request reopening of criminal proceedings against the suspect or accused person in the requesting State, when the national law of that State so provides, unless the decision by the requested authority to discontinue criminal proceedings, under the national law of the requested State, definitively bars further prosecution and therefore prevents further criminal proceedings, in respect of the same acts, in that State.
Article 20
Effects in the requested State
1. The transferred criminal proceedings shall be governed by the national law of the requested State.
2. Provided that it is not contrary to the fundamental principles of law of the requested State, any act carried out for the purposes of the criminal proceedings or preparatory inquiries performed by competent authorities in the requesting State or any act interrupting or suspending the period of limitation shall have the same validity in the requested State as if it had been validly performed by its own authorities.
3. Evidence transferred by the requesting authority shall not be denied admission in criminal proceedings in the requested State on the mere ground that the evidence was gathered in another Member State. The evidence gathered in the requesting State may be used in criminal proceedings in the requested State, provided that the admissibility of such evidence is not contrary to the fundamental principles of law of the requested State.
4. Provided that a custodial sentence or detention order is issued in the requested State, the latter shall deduct all periods of detention spent in the requesting State, which were imposed in the context of the transferred criminal proceedings, from the total period of detention to be served in the requested State as a result of a custodial sentence or detention order being issued. To that end, the requesting authority shall transmit to the requested authority all information concerning the period of detention spent by the suspect or accused person in the requesting State.
5. If criminal proceedings can only be initiated following a complaint in both the requesting and the requested States, the complaint brought in the requesting State shall also have validity in the requested State.
6. The sentence applicable to the criminal offence shall be the one prescribed by the law of the requested State unless that law provides otherwise. The requested authority may take into consideration, in accordance with the applicable national law, the maximum sentence set out in the law of the requesting State, when the criminal offence has been perpetrated in the territory of the requesting State. Where the jurisdiction is exclusively based on Article 3, the sentence imposed in the requested State shall not be more severe than the maximum sentence set out in the law of the requesting State.
Article 21
Information to be given by the requested authority
The requested authority shall inform the requesting authority of the discontinuation of criminal proceedings or of any decision delivered at the end of the criminal proceedings, including whether that decision, under the national law of the requested State, definitively bars further prosecution and therefore prevents further criminal proceedings, in respect of the same acts, in that State or of other information of substantial value. It shall forward a copy of the written decision delivered at the end of the criminal proceedings to the requesting authority.
CHAPTER 4
MEANS OF COMMUNICATION
Article 22
Means of communication
1. Communication under this Regulation, including the exchange of certificate set out in the Annex, the decision referred to in Article 12(1) and other documents referred to in Article 12(5), between the requesting and requested authorities and with the involvement of central authorities, where a Member State has designated a central authority in accordance with Article 18, as well as with Eurojust, shall be carried out in accordance with Article 3 of Regulation (EU) …/…[Digitalisation Regulation].
2. Article 9(1) and (2), Articles 10 and 15 of Regulation (EU) …/…[Digitalisation Regulation] setting out rules on electronic signatures and electronic seals, legal effects of electronic documents and the protection of information transmitted shall apply to the communication transmitted through the decentralised IT system.
3. Consultations under Article 12(4) and Article 15 between the requesting authority and the requested authority and with the involvement of the central authority(ies), where a Member State has designated a central authority in accordance with Article 18, as well as with Eurojust may be carried out using any appropriate means of communication, including through the decentralised IT system.
Article 23
Establishment of a decentralised IT system
1. The Commission shall, by means of implementing acts, establish the decentralised IT system for the purposes of this Regulation, setting out the following:
(a) the technical specifications defining 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) the digital procedural standards as defined in Article 3, point (9), of Regulation (EU) 2022/850.
2. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 26(2).
3. The implementing acts referred to in paragraph 1 shall be adopted by [two years after the entry into force of this Regulation].
Article 24
Reference implementation software
1. The Commission shall be responsible for the creation, maintenance and development of reference implementation software which Member States may choose to apply as their back-end system instead of a national IT system. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union.
2. Eurojust shall also be able to make use of the reference implementation software referred to in paragraph 1.
3. The Commission shall provide, maintain and support on a free-of-charge basis the reference implementation software.
Article 25
Costs of the decentralised IT system
1. Each Member State shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points for which they are responsible.
2. Each Member State shall bear the costs of establishing and adjusting its relevant national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems.
3. Eurojust shall bear the costs of the installation, operation and maintenance of the components comprising the decentralised IT system under its responsibility.
4. Eurojust shall bear the costs of establishing and adjusting its case-management system to make it interoperable with the access points, and shall bear the costs of administering, operating and maintaining this system.
Article 26
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/201175.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
CHAPTER 5
FINAL PROVISIONS
Article 27
Statistics
1. Member States shall regularly collect comprehensive statistics for the purpose of monitoring the application of this Regulation by the Commission. Authorities shall maintain those statistics and shall send them to the Commission each year. They may process personal data necessary for the production of the statistics. Those statistics shall include:
(a) the number of requests for transfer of criminal proceedings issued, including the criteria for requesting the transfer, by requested State;
(b) the number of accepted and refused transfers of criminal proceedings, including the grounds for refusal, by requesting State;
(c) the number of investigations and prosecutions that were not pursued following the acceptance of a transfer of criminal proceedings;
(d) the length of time to transmit information on the decision whether to accept the transfer of criminal proceedings;
(e) the number of legal remedies sought against the decisions to accept the transfer of criminal proceedings, including whether by a suspect, accused person or a victim, and the number of successfully challenged decisions;
(f) as of four years after the date of entry into force of the implementing acts referred to in Article 23(1), the costs incurred under Article 25(2).
2. The reference implementation software and, where equipped to do so, the national back-end system shall programmatically collect the data referred to in paragraph 1, points (a), (b) and (d), and transmit them to the Commission on an annual basis.
Article 28
Amendments to the certificate
The Commission is empowered to adopt delegated acts in accordance with Article 29 concerning the amendment of the Annex in order to update or make technical changes to this Annex.
Article 29
Exercise of delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegation of power referred to in Article 28 shall be conferred for an indeterminate period of time from [date of application of this Regulation].
3. The delegation of powers referred to in Article 28 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Article 30
Notifications
1. By [date of application of this Regulation] each Member State shall notify the Commission of the following:
(a) the authorities which, in accordance with its national law, are competent in accordance with Article 2, points (3) and (4), to issue and/or validate and execute requests for transfer of criminal proceedings;
(b) the information regarding the designated central authority or authorities, if the Member State wishes to make use of the possibility provided under Article 18;
(c) languages accepted for the requests to transfer criminal proceedings and other supporting information.
2. The Commission shall make the information received under paragraph 1 publicly available, either on a dedicated website or on the website of the European Judicial Network created by the Council Decision 2008/976/JHA76.
Article 31
Relationship with international agreements and arrangements
1. Without prejudice to their application between Member States and third States, this Regulation replaces, as from [date of application of this Regulation], the corresponding provisions of the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972 and the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, applicable between the Member States bound by this Regulation.
2. In addition to this Regulation, Member States may conclude or continue to apply bilateral or multilateral agreements or arrangements with other Member States after the entry into force of this Regulation only insofar as such agreements or arrangements make it possible to further strengthen the aims of this Regulation and contribute to simplifying or further facilitating the procedures for transferring criminal proceedings and provided that the level of safeguards set out in this Regulation is respected.
3. Member States shall notify the Council and the Commission by [date of application of this Regulation] of the agreements and arrangements referred to in paragraph 2 which they wish to continue applying. Member States shall also notify the Commission within three months of the signing of any new agreement or arrangement referred to in paragraph 2.
Article 32
Reporting
By five years from [the date of application of this Regulation], the Commission shall submit a report to the European Parliament, to the Council and to the European Economic and Social Committee on the application of this Regulation supported by information supplied by the Member States in accordance with Article 27(1) and collected by the Commission.
Article 33
Transitional provisions
Before the obligation referred to in Article 22(1) becomes applicable, communication between requesting and requested authorities and, where applicable, with the involvement of central authorities, as well as with Eurojust under this Regulation shall take place by any appropriate alternative means, taking into account the need to ensure a swift, secure and reliable exchange of information.
Article 34
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from [the first day of the month following the period of two years after the date of entry into force of this Regulation].
The obligation for competent authorities to use the decentralised IT system for communication under this Regulation shall apply from the first day of the month following the period of two years after adoption of the implementing acts referred to in Article 23.