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Changes from report parliamentary committee draft to plenary report

LIBE-PR-753778 → A-9-2024-0008

From
LIBE-PR-753778 report parliamentary committee draft of 10 Oct 2023
To
A-9-2024-0008 Plenary report of 26 Jan 2024
Changes
18 changes to the text
Paragraphs
+55 added · −16 removed · 10 changed
More facts (2)
Title (from)
on the proposal for a regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters
Title (to)
on the proposal for a regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters
Cite Link to this page

Changes that matter, 18

Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.

Change 1

RemovedRecital 20: (20) This Regulation does not affect procedural rights as enshrined in Union law, such as the Charter, the procedural rights directives 2010/64/EU54 , 2012/13/EU55 , 2013/48/EU56 , (EU) 2016/34357 , (EU) 2016/80058 and (EU) 2016/191959 . The requesting authority should ensure that the procedural rights under Union and national law are respected when requesting a transfer of criminal proceedings under this Regulation.

AddedRecital 16: (16) This Regulation provides jurisdiction in specific cases, in order to ensure that, for criminal proceedings to be transferred in accordance with this Regulation, wherever the interests of efficient and proper administration of justice and the effective protection of fundamental rights of the suspect or accused persons, as well as of the victims, as enshrined in Union law, so require, the requested State can exercise jurisdiction for the criminal offences to which the law of the requesting State is applicable. The requested State should have jurisdiction to try the criminal offences for which the transfer is sought, whenever that Member State is considered as being the best placed one to prosecute.

Change 2

ChangedRecital 25:17: (25)(17) WhereIn addition to the suspectsjurisdiction orwhich accusedis personsalready aredetermined nationalsby the national law of the requested StateState, orjurisdiction residentsshould be established based on specific grounds mentioned in this Regulation whenever that State,Member aState transferis ofconsidered criminalas proceedingsbeing mightthe bebest justifiedplaced forone theto purposeprosecute. ofThe ensuringrequested theState rightshould ofhave jurisdiction in situations where the suspectsrequested State refuses to surrender a suspect or accused personsperson tofor bewhom presenta atEuropean trial,arrest inwarrant accordancehas withbeen Directiveissued (EU)and 2016/343.who Similarly,is wherepresent in the victimsrequested areState nationalsand is a national of or residentsa inresident thein requestedthat State, awhere transfersuch refusal is based on specific grounds mentioned in this Regulation. For example, Article 4(7) of Framework Decision 2002/584/JHA can be justifiedapplied toin allowsituations victimswhere tooffences easilyare participatecommitted in the criminalterritory proceedingsof anda torequested beState effectivelyor examinedin a third country by third country nationals This is particularly important as witnessesregards duringserious thecrimes proceedings.violating Infundamental casesvalues whereof the surrenderinternational ofcommunity, asuch suspectas orwar accusedcrimes personor forgenocide, whomwhere a Europeanrisk Arrestof Warrantimpunity wasmight issuedarise isdue refusedto ina theEuropean arrest warrant being refused. A requested State onshould also have jurisdiction when the groundscriminal specifiedoffence inproduces thisits Regulation,effects aor transfercauses maydamages alsomainly in the requested State. Damage should be justifiedtaken wheninto thataccount personwhenever it is presentone of the constituent elements of the criminal offence, in accordance with the law of the requested State. The requested State whileshould notalso beinghave ajurisdiction nationalwhen ofcriminal orproceedings aare residentalready ongoing in that State.State against …

Change 3

AddedRecital 20: (20) This Regulation does not affect procedural rights as enshrined in Union law, such as the Charter, the procedural rights directives 2010/64/EU54, 2012/13/EU55, 2013/48/EU56, (EU) 2016/34357, (EU) 2016/80058 and (EU) 2016/191959. The requesting authority should ensure that the procedural rights under Union and national law are respected when requesting a transfer of criminal proceedings under this Regulation.

AddedRecital 23: (23) This Regulation should not impose any obligation to request a transfer of criminal proceedings. When assessing whether a request for transfer of criminal proceedings should be issued, the requesting authority should examine whether such a transfer is necessary, appropriate, as well as proportionate. Consequently, the requesting authority should, prior to issuing a request for a transfer, undertake an examination of the case to clarify the relevant facts and identify pertinent evidence in order to ascertain the necessity, appropriateness and proportionality of a transfer. This assessment should be carried out on a case-by-case basis in order to identify the Member State that is best placed to prosecute the criminal offence in question, taking into account all the relevant criteria specified in this Regulation on the basis of the investigative efforts undertaken in the requesting state prior to the issuance of the request for a transfer.

AddedRecital 25: (25) Where the suspects or accused persons are nationals of the requested State or residents in that State, a transfer of criminal proceedings might be justified for the purpose of ensuring the right of the suspects or accused persons to be present at trial, in accordance with Directive (EU) 2016/343. Similarly, where the victim or victims are nationals or residents in the requested State, a transfer can be justified to allow victims to easily participate in the criminal proceedings and to be effectively examined as witnesses during the proceedings. In cases where the surrender of a suspect or accused person for whom a European Arrest Warrant was issued is refused in the requested State on the grounds specified in this Regulation, a transfer may also be justified when that person is present in the requested State while not being a national of or a resident in that State.

Change 4

ChangedRecital 29: (29) Suspects or accused persons or victims should have the possibility to suggestrequest thatfor the criminal proceedings concerning them to be transferred to another Member State. These suggestionsrequests should not however impose any obligation on the requesting or requested authority to request or transfer criminal proceedings.proceedings; thus, if the requesting authority decides to transfer the criminal proceedings following a request made by suspects or accused persons or victims, the decision on the request for transfer should be taken by the competent authorities of the requested State. A negative opinion of the suspect or accused person or of the victim with regards to the transfer of criminal proceedings should not prevent such transfer if the requested authority decides to accept the transfer in accordance with Article 12. If the authorities become aware of parallel criminal proceedings on the basis of a suggestion forrequest aof transfer submitted by the suspect or accused person, or the victim, or a lawyer on their behalf, then they are under the obligation to consult each other in accordance with the Framework Decision 2009/948/JHA.

Change 5

ChangedRecital 30: (30) The requesting authority should inform as soon as possible the suspect or accused person of the intended transfer and should provide for the possibility for such person to express their opinion orally or in writing, in accordance with applicable national law, to enable the authorities to take into account and register their legitimate interests before issuing a request for transfer. When assessing the legitimate interest of the suspect or accused person to be informed about the intended transfer, the requesting authority should take into accountaccount, the need to ensure confidentiality of an investigation and the risk of prejudicing criminal proceedings against that person, e.g. whenever it is necessary to safeguard an important public interest, such as in cases where such information could prejudice ongoing covert investigations or seriously harm the national security of the Member State in which the criminal proceedings are instituted. WhereBased theon requestingthose authorityelements cannotand locatewhere orappropriate, reachthere might be situations where the suspect or accused person despiteis itsnot reasonableinformed effortsabout beingthe made,intended transfer, for example where there is the obligationneed to informprotect sucha witness or a victim before protection measures are be adopted in the requesting State, or where it would prejudice another investigation that is intrinsically linked to the criminal proceeding being transferred. The suspect or accused person or the lawyer acting on behalf of that person should applyalso frombe thekept momentinformed theseof circumstancessubstantial change.developments …

Change 6

RemovedArticle 1 – paragraph 2: 2. This Regulation shall apply in all cases of transfer of criminal proceedings in the Union regarding suspects.

AddedRecital 31: (31) The rights of victims set out in Directive 2012/29/EU of the European Parliament and of the Council63 including the right to information, should be taken into account in applying this Regulation. In exceptional cases, for example due to the high number of victims involved in a case, it should be possible to provide information to victims through the press, through an official website of the competent authority or through a similar communication channel, in line with Directive 2012/29/EU. This Regulation should not be interpreted as preventing Member States from granting victims more extensive rights under national law than those laid down in Union law.

AddedRecital 34 a (new): (34a) Member States should provide that suspects, accused persons and victims have the right of access to the file as well as any other procedural rights which are necessary to exercise their right to an effective remedy. Access to the file should be limited to the documents related to the transfer of criminal proceedings and in order to exercise their right to an effective remedy.

AddedRecital 38: (38) Until the requested authority has not taken a decision to accept a transfer of criminal proceedings, the requesting authority should be able to withdraw the request, for instance when it becomes aware of further elements due to which the transfer no longer appears justified. The decision to withdraw the request should be justified in writing and be shared with the suspect or accused persons and the victims.

AddedRecital 40: (40) Transfer of a criminal proceeding should not be refused on grounds other than those provided for in this Regulation. To be able to accept the transfer of criminal proceedings, prosecution of the facts underlying the criminal proceedings that are subject to the transfer should be possible in the requested State. The requested authority should not accept the transfer of criminal proceedings when the conduct for which transfer is sought is not a criminal offence in the requested State, or when the requested State does not have jurisdiction over that criminal offence, unless it exercises jurisdiction provided under this Regulation. Furthermore, the transfer of criminal proceedings should not be accepted in case of other impediments to prosecution in the requested State. The requested authority should also be able to refuse a transfer of criminal proceedings, if the suspect or accused person benefits from an immunity or privilege in accordance with the law of the requested State, e.g. in relation to certain categories of persons (such as diplomats) or specifically protected relationships (such as lawyer-client privilege), or if the requested authority believes that such transfer is not justified by the interests of efficient and proper administration of justice, for instance because none of the criteria for requesting a transfer of criminal proceedings are met, or if the request form for transfer is incomplete or was incorrectly completed by the requesting authority, thus not…

AddedRecital 43: (43) The acceptance of transfer of criminal proceedings by the requested authority should result in the suspension or discontinuation of criminal proceedings in the requesting State to avoid duplication of measures in the requesting and requested State. This should be without prejudice to investigations or other procedural measures which may be necessary to execute decisions based on mutual recognition instruments or to comply with requests for mutual legal assistance linked to the proceedings subject to the transfer. The notion of ‘investigative or other procedural measures’ should be interpreted broadly, as including not only any measure for the purpose of gathering evidence, but also any procedural act imposing pre-trial detention or any other interim measure. To avoid abusive challenges and ensure that the criminal proceedings are not suspended at length, if a legal remedy with a suspensive effect granted under national law has been invoked in the requested State the criminal proceedings should not be suspended nor discontinued in the requesting State until a decision on the remedy has been taken in the requested State.

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AddedRecital 43 a (new): (43a) Once a transfer of proceedings has been granted and in order to facilitate an efficient process of the transfer the requesting and requested authorities should be able to consult each other to determine the necessary documents or parts of such documents to be forwarded, as well as to be translated, where necessary. However, the decision to only send parts of the documents should be balanced and based on a careful consideration of the documents in question so as to not prejudice the fairness of the proceedings.

AddedRecital 49: (49) Each Member State should bear its own costs of transfers of criminal proceedings, including those related to the exercise of procedural rights to which the suspect or the accused person is entitled to in each of the Member States concerned, in accordance with the applicable Union and national law. Member States should not be able to claim from each other compensation for costs resulting from the application of this Regulation. However, when the requesting State has incurred large or exceptional costs, related to the translation of the documents in the case file to be transferred to the requested State, a proposal by the requesting authority to share the costs should be considered by the requested authority.

AddedRecital 50: (50) The use of a standardised request form translated in all official Union languages should facilitate cooperation and the exchange of information between the requesting and requested authorities, allowing them to take a decision on the request for transfer more quickly and effectively. It also reduces translation costs and contributes to higher quality of requests.

AddedRecital 51: (51) The request form should only include personal data necessary to facilitate the requested authority’s decision on the request. The request form should contain an indication of the categories of personal data, such as whether the related person is suspect, accused or victim, as well as the specific fields for each of these categories.

AddedRecital 52: (52) In order to effectively address a possible need for improvement regarding the request form to be used to request transfer of criminal proceedings, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the Annex to this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making67. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

AddedRecital 53: (53) In order to ensure swift, direct, interoperable, reliable and secure exchange of case-related data, communication under this Regulation between the requesting and requested authorities and with the involvement of central authorities, where a Member State has designated a central authority, as well as with Eurojust, should as a rule be carried out through the decentralised IT system within the meaning of Regulation (EU) 2023/2844 of the European Parliament and of the Council68. In particular, the decentralised IT system should, as a rule, be used for the exchange of the request form and of any other relevant information and documents, and all other communication between the authorities under this Regulation. In cases where one or more of the exceptions mentioned in the Regulation (EU) 2023/2844 apply, in particular, where the use of the decentralised IT system is not possible or appropriate, other means of communication may be used as specified in that Regulation. / 68 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).

AddedRecital 55: (55) The Commission should be responsible for the creation, maintenance and development of this reference implementation software. The Commission should design, develop and maintain the reference implementation software in a way that allows the controllers to ensure compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council69 and Directive (EU) 2016/680 of the European Parliament and of the Council71, in particular the obligations of data protection by design and by default as well as high level of cybersecurity. The reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring an appropriate level of security and interoperability, taking into account that special categories of data may also be exchanged. The Commission does not process personal data in the context of creation, maintenance and development of this reference implementation software. / (deleted)

AddedArticle 1 – paragraph 2: 2. This Regulation shall apply in all cases of transfer of criminal proceedings that are being conducted in Member States of the Union.

Change 7

RemovedArticle 3 – paragraph 1 – introductory part: 1. Unless jurisdiction is already provided for by the national law of the requested State, 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:

Change 8

RemovedArticle 5 – paragraph 2 – point i: deleted

AddedArticle 4 – title: Waiver, suspension or discontinuation of criminal proceedings by the requested State

RemovedArticle 5 – paragraph 2 – point j a (new): (ja) the competent authorities of Member States have reached, following the direct consultations under the Framework Decision 2009/948/JHA, consensus on the concentration of the proceedings in one Member State.

AddedArticle 5 – paragraph 1: 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 and that it is proportionate to do so.

RemovedArticle 5 – paragraph 3: 3. The suspect or accused person, or one or more victims, or a lawyer on their behalf, may in accordance with national procedural law, contact the competent authorities of the requesting State with suggestion to transfer criminal proceedings under the conditions of this Regulation. If such suggestion of the suspect or accused person, or of victims is made to the competent authority in the requesting State, that authority may decide to consult the competent authority in the requested State in accordance with Article 15 (2). Suggestions 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. If the requesting authority decides to transfer the criminal proceedings following a suggestion under this paragraph, the decision on the request for transfer is taken by the competent authorities of the requested State.

AddedArticle 5 – paragraph 2 – point j: (j) the victim or victims are nationals of or residents in the requested State.

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RemovedArticle 6 – paragraph 1: 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.

AddedArticle 5 – paragraph 2 – point j a (new): (ja) the consultations of Member States’ competent authorities under Framework Decision 2009/958/JHA have resulted in an agreement on the concentration of the parallel proceedings in one Member State.

RemovedArticle 6 – paragraph 2: 2. Provided that it would not undermine the confidentiality of an investigation, or otherwise prejudice the investigation, and only where appropriate depending on the circumstances of the case, the suspect or accused person who has already been notified that they are suspected or accused of having committed an offence, may 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 or reached 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 suggestion 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.

AddedArticle 5 – paragraph 2 – point j b (new): (jb) whether the transfer of proceedings would contribute to the achievement of restorative justice objectives.

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Change 9

ChangedArticle 65 – paragraph 3: 3. The opinionsuspect referredor accused person, the victim or the victims, or a lawyer on their behalf, may request the competent authorities of the requesting State to intransfer paragraphcriminal 2proceedings shallunder bethe delivered,conditions noof laterthis thanRegulation. fiveIf workingsuch daysrequest afterof the suspect or accused personperson, hasor beenof invitedthe victim or victims, or of an acting lawyer on their behalf is made to dothe socompetent andauthority in the requesting State, that authority may decide to consult the competent authority in the requested State in accordance with Article 15(2). Requests made under this paragraph shall benot takencreate intoan accountobligation byfor the requesting authorityor whenthe decidingrequested whetherState to request theor transfer of criminal proceedings.proceedings to the requested State.

Change 10

RemovedArticle 6 – paragraph 3 – subparagraph 1 a (new): The negative opinion of the suspect or accused person with regard to the transfer of criminal proceeding shall not prevent such a transfer if the requested authority decides to accept it in accordance with Article 12.

AddedArticle 6 – paragraph 2: 2. Provided that it would not undermine the confidentiality of an investigation, or otherwise prejudice the investigation, or hamper the proper administration of justice or affect the rights of the victims the suspect or accused person, who has already been notified that they are suspected or accused of having committed an offence, 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 prior to the intended transfer, unless that person cannot be located or reached 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 prior to the intended transfer. 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.

RemovedArticle 6 – paragraph 4: deleted

AddedArticle 6 – paragraph 3: 3. Where the suspect or accused person decides to state an opinion as referred to in paragraph 2, it shall be delivered no later than ten days after the suspect or accused person has been informed of the intended transfer and given the opportunity to state their opinion. Such opinion shall be taken into account and be registered by the requesting authority when deciding whether to request the transfer of criminal proceedings.

RemovedArticle 7 – paragraph 2: 2. Provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, victims who reside in the requesting State, and who have requested to receive the information specified in Article 6 (1), point (a) of Directive 2012/29/EU shall, in accordance with applicable national law, and only where appropriate depending on the circumstances of the case, 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.

AddedArticle 6 – paragraph 4: 4. Where the suspect or accused person has been informed about the intended transfer in accordance with paragraph 2, the requesting authority shall also inform them immediately, in a language which they understand, about the issuing of the request for transfer of criminal proceedings.

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RemovedArticle 7 – paragraph 3: 3. The opinion of the victim referred to in paragraph 2 shall be taken into account by the requesting authority when deciding whether to request the transfer of criminal proceedings. The negative opinion of the victim with regard to the transfer of the criminal proceeding shall not prevent such a transfer if the requested authority decides to accept it in accordance with Article 12.

AddedArticle 7 – paragraph 2: 2. Provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, or hamper the proper administration of justice or affect the rights of other victims, victims who reside in the requesting State, and who receive the information specified in Article 6(1), point (a), of Directive 2012/29/EU, as implemented by national law, 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.

RemovedArticle 7 – paragraph 4: deleted

AddedArticle 7 – paragraph 3: 3. The opinion of the victim referred to in paragraph 2 shall be taken into account and registered by the requesting authority when deciding whether to request the transfer of criminal proceedings.

AddedArticle 7 – paragraph 4: 4. Where the victim has been informed about the intended transfer in accordance with paragraph 2, the requesting authority shall immediately inform that victim residing in the requesting State, in a language which they understand, about the issuing of the request for transfer of criminal proceedings.

Change 11

ChangedArticle 129 – paragraph 17 a (new): 1a.7a. The requested authority shall inform the requesting authority of its reasoned decision referred to in paragraphas 1soon withinas timepossible limitsacknowledge setthe outreceipt inof Articlethe 14.request.

Change 12

RemovedArticle 13 – paragraph 1 – point f: (f) if the requested State does not have jurisdiction over the criminal offence including jurisdiction which derives from Article 3.

AddedArticle 11 – paragraph 1: 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. The requesting authority shall inform the suspect and accused person that has been informed in accordance with Article 6(2) and the victim that has been informed in accordance with Article 7(2) about the withdrawal decision in a language which they understand,.

Change 13

ChangedArticle 1512 – paragraph 2: 2. Consultations shall also take place before the request for transfer of criminal1: proceedings1. isThe issued,requested inauthority particularshall withtake a viewreasoned todecision determiningon whether the transfer wouldto serveaccept the intereststransfer of efficient and proper administrationcriminal ofproceedings justice.and Inshall orderdecide, toin proposeaccordance thewith transferits ofnational criminallaw, proceedingswhat frommeasures theto requestingtake State,thereon. theThe requested authority shall also consult withinform the requesting authority aboutof theits possibilityreasoned ofdecision issuingin aaccordance requestwith forthe transfertime limits of criminalArticle proceedings.14.

Change 14

AddedArticle 12 – paragraph 3: 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 15a and 15b respectively.

AddedArticle 12 – paragraph 5: 5. When the requested authority has accepted the transfer of criminal proceedings, and only after the decision on the legal remedy has been taken, 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.

AddedArticle 13 – paragraph 1 – point a a (new): (aa) if there is a privilege under the law of the requested State which makes it impossible to take action;

AddedArticle 13 – paragraph 1 – point f: (f) if the requested State has neither jurisdiction over the criminal offence in accordance with national law, nor jurisdiction on the basis of Article 3.

AddedArticle 13 – paragraph 2 – point a: (a) there is an immunity under the law of the requested State which makes it impossible to take action;

AddedArticle 13 – paragraph 2 – point d: (d) the request form 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.

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AddedArticle 15 – paragraph 2: 2. Consultations shall 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 and be proportionate. In order to propose the transfer of criminal proceedings from the requesting State, the requested authority shall also consult with the requesting authority about the possibility of issuing a request for transfer of criminal proceedings.

AddedArticle 15 – paragraph 3: 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 request form set out in the Annex.

Change 15

ChangedArticle 15 a (new): Article 15a / Information to be provided to the suspect and accused person / 1. Where the requested authority has taken a decision in accordance with Article 12(1) to accept the transfer of criminal proceedings, the requested authority shall, provided that itthat transfer would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, immediately inform the suspect or accused person, in a language which that suspect or accused person understands, about the issuingacceptance of the requesttransfer forby the transfer of criminalrequested proceedingsauthority, unless that person cannot be located or reached.reached despite reasonable efforts being made by the requested authority. The requested authority shall provide the suspect or accused person with a copy of the reasoned decision accepting the transfer of proceedings. The requested authority shall also inform the suspect or accused person, unless that suspect or accused person cannot be located or reached, despite reasonable efforts being made by the requested authority about their right to an effective legal remedy in the requested StateState, including about the time limits for such a remedy. Where appropriate, the requested authority may seek the assistance of the requesting authority in order to carry out the tasks referred to in this paragraph. / 2. Where the requested authority has taken a decision in accordance with Article 12(3) to refuse the transfer of proceedings, the requesting authority shall, provided that itthat transfer would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, inform the suspect or accused person without undue delay, in a language wh…c…

Change 16

ChangedArticle 15 b (new): Article15bArticle 15b / Information to be provided to the victim / 1. Where the requested authority has taken a decision in accordance with Article 12(1) to accept the transfer of proceedings and provided that itthat transfer would not undermine the confidentiality of an investigation or otherwise prejudice the investigation,,investigation, the requested authority shall, without undue delay, inform the victim who has requested toreceives receivethe information on the criminal proceedings in accordance with Directive 2012/29/EU, as implemented by national law in a language which that victim understands, about the issuing of the request for the transfer of criminal proceedings and the subsequent acceptance of the transfer by the requested authority, unless that victim cannot be located or reached anymore.anymore, despite reasonable efforts being made by the requested authority. The requested authority shall also inform the victim about his or her right to an effective legal remedy in the requested State, including regarding the time limits for such a remedy. Where appropriate, the requested authority may seek the assistance of the requesting authority in order to carry out the tasks referred to in this paragraph. / 2. Where the requested authority has taken a decision in accordance with Article 12(3) to refuse the transfer of proceedings, the requesting authority shall, provided that itthat transfer would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, inform without undue delay the victim who has requested to receive information on the criminal proceedings in accordance with Directive 2012/29/…accordance…

Change 17

ChangedArticle 15 c (new): Article15cArticle 15c / Right to an effective 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 an effective legal remedy shall be exercised before a court in the requested State in accordance with its applicable national law. The court shall examine the validity of the decision to accept the transfer of criminal proceedings in the light of the relevant provisions of this Regulation,Regulation includingand, Articleswhere 5possible, andshall 13.take its decision on the legal remedy within 60 days. / 3. Member States shall provideensure that suspects, accused persons, and victims receive the decision on the acceptance of transfer and also have the right of access to theall filedocuments asthat wellformed asthe anybasis otherfor proceduralthe rightsdecision whichto areaccept necessarya totransfer effectivelyunder exercisethis theirRegulation. rightSuch toaccess anmay effectivebe remedy.limited Thewhere accessit towould undermine the fileconfidentiality shallof bean limitedinvestigation, toor otherwise prejudice the documentsinvestigation. relatedMember toStates theshall transferalso ofcomply criminalwith proceedingsany andother procedural obligations which are necessary to exerciseeffectively theirexercise right of the suspects, accused persons and victims to an effective remedy. / 4. The time limit for seeking an effective legal remedy shall be no longer than 14 days from the date of receipt of information about the decision on accepting the transfer of criminal proceedings referred to in Article 5.12. The court in the requested State shall take its decision on the legal remedy without undue delay and, where possible, within 60 days. / 5. Where the legal remedy sought is successful, the criminal proceedings will revert to or remain in the requesting State, unless the court in the requested State decides otherwise. / 6. The requ…lega…

Change 18

RemovedArticle 19 – paragraph 2 – point b a (new): (ba) coordinate, after transfer of criminal proceedings, with the requested authority, and with the early involvement of Eurojust, on provisional measures taken before transfer.

AddedArticle 16 – paragraph 1: 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 9(7), 12(2) and 12(5), 13(3), 15 and 17(2) and Article 19.

RemovedArticle 21 – paragraph 1: The authority issuing the final decision 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.

AddedArticle 19 – paragraph 2 – point b: (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; those measures may also be maintained if the mutual recognition request has not yet been issued, provided that it is likely to be issued without undue delay once the request for transfer has been accepted.

AddedArticle 19 – paragraph 2 – point b a (new): (ba) coordinate, after the transfer of criminal proceedings, with the requested authority, and with the early involvement of Eurojust, on provisional measures taken before transfer.

AddedArticle 19 – paragraph 3: 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 has been given following a determination of the merits of the case, therefore preventing further criminal proceedings, in respect of the same acts, in the requested State. Any decision on the continuation or reopening of a suspended or discontinued proceeding in the requesting State, shall be subject to judicial review. The judicial review and the procedure shall be determined according to the national law of the requesting State and shall ensure an independent assessment on the respect of the ne bis in idem principle .

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AddedArticle 19 – paragraph 4: 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 has been given following a determination of the merits of the case, therefore preventing further criminal proceedings, in respect of the same acts, in that State. Any decision on the continuation or reopening of a suspended or discontinued proceeding in the requesting State, shall be subject to judicial review. The judicial review and the procedure shall be determined according to the national law of the requesting State.

AddedArticle 20 – paragraph 2: 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 shall have the same validity in the requested State as if it had been validly performed by its own authorities.

AddedArticle 20 – paragraph 2 a (new): 2a. Any act interrupting or suspending the period of limitation shall have the same validity in the requested State only if such act qualifies as an act interrupting or suspending the period of limitation under national law.

AddedArticle 20 – paragraph 3: 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 and admissible 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. The judicial discretion to assess such evidence by the court in requested State shall be maintained.

AddedArticle 20 – paragraph 3 a (new): 3a. Member States shall ensure that there are effective remedies in place in the requested State to assess the admissibility of evidence. Without prejudice to paragraph 3, the requested State shall take into account a successful remedy in respect of the gathering, admissibility or transmission of the evidence in the State where the evidence was gathered.

AddedArticle 20 – paragraph 4: 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. Equally, where the person is detained pending proceedings in the requested State, all periods of detention spent in the requesting State shall be taken into account in order to determine any maximum periods of detention applicable to such detention, in order to assess the proportionality of that measure in the requested State, unless the competent authority in the requested State decides that all or part of that detention period shall be omitted, according to the national law, if it is not justified in the light of the conduct of the convicted person following the offence.

AddedArticle 21 – paragraph 1: The competent authority issuing the final decision in the requested Member State 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.

AddedArticle 22 – paragraph 1: 1. Communication under this Regulation, including the exchange of request form 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) 2023/2844.

AddedArticle 22 – paragraph 2: 2. Article 7(1) and (2), Articles 8 and 14 of Regulation (EU) 2023/2844 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.

AddedArticle 23 – paragraph 1 – introductory part: 1. For the purposes of this Regulation, the Commission shall adopt implementing acts as regards the decentralised IT system referred to in Article 3(1) of Regulation (EU) 2023/2844, setting out the following:

AddedArticle 27 – paragraph 1 – introductory part: 1. Statistics for the purpose of monitoring the application of this Regulation by the Commission shall be collected at regular intervals by the Member States. Such statistics shall be collected through the descentralised IT system established by Regulation (EU) 2023/2844 and only if they are available at a central level in the Member State concerned. Personal data necessary for the production of the statistics may be processed. Those statistics are:

AddedArticle 28 – title: Amendments to the request form

AddedArticle 30 – paragraph 2: 2. The Commission shall make the information received under paragraph 1 publicly available and up-to-date, either on a dedicated website or on the unrestricted area of the website of the European Judicial Network created by the Council Decision 2008/976/JHA76.

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https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-753778/compare/A-9-2024-0008
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Cite as

European Parliament (2024). “Changes between LIBE-PR-753778 and A-9-2024-0008”. Text, 26 January 2024. from LIBE-PR-753778, to A-9-2024-0008. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-753778/compare/A-9-2024-0008 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).
BibTeX 
@misc{epw-text-2024-01-26,
  author = {{European Parliament}},
  title = {{Changes between LIBE-PR-753778 and A-9-2024-0008}},
  year = {2024},
  date = {2024-01-26},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-753778/compare/A-9-2024-0008}},
  url = {https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-753778/compare/A-9-2024-0008},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. from LIBE-PR-753778, to A-9-2024-0008. Data: European Parliament Open Data (CC BY 4.0)}
}