Changes from report parliamentary committee draft to plenary report

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.

Article 8: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added(Article 8 becomes Article 15c)

Article 9 – paragraph 1: 1. The request for transfer of criminal proceedings shall be drawn up using the request form set out in the Annex. The requesting authority shall sign the request form and shall certify its content as being accurate and correct.

Article 9 – paragraph 2 – point f: (f) information on procedural acts or measures with a bearing on the criminal proceedings that have been undertaken in the requesting State, including any ongoing temporary coercive measure and the time limit for the application of such measure;

Article 9 – paragraph 5: 5. The completed request form 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).

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.

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.

Article 15 – paragraph 4: 4. Requests for consultations shall be answered without undue delay.

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 .

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.